R-01-09-13-15D3 - 9/13/2001 RESOLUTION NO. R-01-09-13-15D3
WHEREAS, the City desires to purchase a 0 . 013 acre tract of land
for additional right-of-way for the SH 45 Roadway Project, and
WHEREAS, Exxon Mobil Corporation, 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 Exxon Mobil Corporation,
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 Sep e , 2001 .
ROBERT A. STLUKA, JR , Mayor
ATTEST: City of Round Rock, Texas
(1-Y, AA AA
J NE LAND, City Secretary
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R1O913D3.WPD/sc
REAL ESTATE CONTRACT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT OF SALE ("Contract") is made by and between EXXON MOBIL
CORPORATION, a New Jersey corporation (referred to in this Contract as "Seller") and the
CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock,
Williamson County, Texas (referred to in this Contract as "Purchaser"), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, that certain parcel of land containing approximately 0.013 acres of land (566 square feet)
situated in Williamson County, Texas, being more particularly described as follows:
Parcel # 123: 0.013 acre tract, (566 square feet) 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-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"),
together with any improvements, fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the terms, provisions, and conditions set
forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Four Thousand Two
Hundred Five and 38/100 Dollars ($4,205.38.)
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
EXHIBIT
FIA��
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transaction
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing).
Preliminary Title Commitment
3.02. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost
and expense, shall have caused Austin Title Company (the "Title Company") of 101 E. Old
Settlers Blvd., Round Rock, Texas 78664, to issue a preliminary title report (the "Title
Commitment"). Purchaser shall give Seller written notice on or before the expiration of three (3) '
days after Purchaser receives the Title Commitment that the condition of title as set forth in the
title binder is or is not satisfactory, and in the event Purchaser states that the condition is not
satisfactory, Seller may, but shall not be obligated, to eliminate or modify all unacceptable
matters to the reasonable satisfaction of Purchaser. In the event Seller is unable, or unwilling to
do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title
Company to Purchaser unless Purchaser elects to clear such title matters itself or through a
friendly condemnation action. In the event such friendly condemnation action is commenced,
the parties hereto shall stipulate to the value of the Property set forth in this Agreement.
Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's
acceptance of the Title Commitment.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before July 31, 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"). Notwithstanding that the closing date will occur in July, the effective date of
the transfer will be deemed to be June 27, 2001.
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to Article III hereof, and
(iii) Any exceptions approved by Purchaser in writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense,
issued by the Title Company, in Purchaser's favor in the full amount of the
purchase price, insuring Purchaser's fee simple title to the Property subject only
to those title exceptions listed above, such other exceptions as may be approved in
writing by Purchaser, and the standard printed exceptions contained in the usual
form of Texas Owner's Title Policy.
(c) The aforesaid Special Warranty Deed will include provisions that it is being
delivered in lieu of condemnation.
(d) As provided in paragraph 9.01 below, Seller is delivering to Purchaser
possession of the Property as of the date of this Contract.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
4.03 General real estate taxes for the then current year relating to the Property, shall be
prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
All special taxes or assessments to the closing date relating to the Property and then due and
payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if
any, resulting from a change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Purchaser;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage commissions due to any brokers
representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions
of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars
($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the Purchase Price,
provided, however, that in the event the Purchaser shall have given written notice to the Title
Company that one or more of the conditions to its obligations set forth in Article III have not `
been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for
in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser, unless Purchaser elects to clear such title matters itself or through a friendly
condemnation action. In the event such friendly condemnation action is commenced, the parties
hereto shall stipulate to the value of the Property set forth in this Agreement.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder
or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or
the failure of any condition to Seller's obligations provided herein, Purchaser may, as its sole and
exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that
the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; or (3) initiate
a friendly condemnation action upon the terms set forth in Section 3.02.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring
suit for damages against Purchaser; or (2) bring suit for specific performance, or (3) receive the
Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the
terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as
its total damages and relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
SPECIAL PROVISIONS
Possession and Use Agreement
9.01. For the consideration to be paid by Purchaser which is set forth in Paragraph 2.01
above, Seller hereby grants, bargains, sells and conveys to Purchaser exclusive immediate
possession and use of the Property for the purpose of constructing a highway or turnpike project
and appurtenances thereto and the right to remove any improvements. The foregoing grant will
extend to Purchaser, its contractors, assigns and/or owners of any existing utilities on the
Property and those which may be lawfully permitted on the Property by Purchaser in the future.
This grant will allow the construction, relocation, replacement, repair, improvement, operation
and maintenance of these utilities on the Property, to begin immediately and prior to the closing
date. The purpose of this grant is to allow Purchaser to proceed with its construction project
without delay.
9.02 Purchaser is accepting the Property "as is" and Seller makes no representations,
warranties or covenants at all as to the Property.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the express written consent of
Seller. Regardless of the foregoing, Purchaser may assign this Contract to the Round Rock
Transportation Development Corporation.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and agreements of the parties, as
well as any rights and benefits of the parties, pertaining to a period of time following the closing
of the transactions contemplated hereby shall survive the closing and shall not be merged therein.
Notice
(c) Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created hereunder are performable in
Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit of the parties and
their respective heirs, executors, administrators, legal representatives, successors and assigns
where permitted by this Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) Words of any gender used in this Contract shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
Memorandum of Contract
(j) Upon request of either party, both parties shall promptly execute a memorandum
of this Contract suitable for filing of record.
Effective Date
(k) This Contract shall be effective as of the date it is approved by the City Council,
which date is indicated beneath the Mayor's signature below.
SELLER:
EXXON MOBIL CORPORATION
Date:_ 7/2 7/0/
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
221 E. Main Street
Round Rock, Texas 78664
Date:
::ODMA\PCDOCS\Houston 1\496454\2
04/17/2001 TUE 09: 56 - FAX BROWN McCARROLL SHEETS & X002-004
EXH IITPale 1 of 3 Pages a
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 123
Being all that certain 0.013 of one acre (566 square feet) tract of land situated in the Jacob M.
Harrell Survey, A-284, Williamson County, Texas, being out of a calculated 1.248 acre
remainder of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S,
Slides 66 through 68 of the Williamson County Plat Records (W.C.P.R.) as conveyed to Eamon
Mobil Corporation, recorded in Document No. 2000056868 of the Official Public Records of
Williamson County, Texas (O.P.R.W.C.T.). Said 0,013 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:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,131,134.82, Y= 10,148,944.59) set at 282.96 feet right of and perpendicular to State Highway
45 (SH 45) Baseline Station 519+05.68, being in the proposed southerly right-of-way line of SH
45, the westerly line of said Lot 1, the westerly line of said 1.248 acre tract, and being the
beginning of a curve to the right in the existing easterly right-of-way line of La Frontera
Boulevard (100 feet wide) as dedicated per the plat of La Frontera Section DIB Subdivision
recorded in Cabinet S, Slides 69 through 76. W.C.P.R.;
1. THENCE, along the westerly line of said Lot 1, the westerly line of said 1.248 acre tract and
the existing easterly right-of-way line of La Frontera Boulevard, an arc distance of 59.54 feet
along said curve to the right, with a Radius of 250.00 feet, a Delta Angle of 13°38'45", a
Chord Bearing and Distance of North 04°57'20" West, 59.40 feet to a %-inch iron rod with
TxDOT aluminum cap set for the most westerly northwest corner of said 1.248 acre tract;
THENCE, along the northerly line of said 1.248 acre tract, the following two courses:
2. North 22°28'29" East, a distance of 29.33 feet to a '/Z-inch iron rod with TxDOT
aluminum cap set for an angle point;
3. North 773607" East, a distance of 5.58 feet to a '/z-inch iron rod with TxDOT aluminum
cap set in the proposed southerly right of way line of SH 45 at 200.00 feet right of and
perpendicular to SH 45 Baseline Station 519+35.73;
THENCE, along the proposed southerly right-of-way line of SH 45, the following two courses:
4. South 22'34'00" West, a distance of 12.67 feet to a TxDOT brass disk in concrete set for
art angle point;
7:\417658\Md8's\PARCEL 12.3.doc
04/17/2001 TUE 09: 56 FAX BROWN McCARROLL SHEETS & Z003/004
EXHIBIT,_Page 2 of=Pages
5. South 05°01'53" West, a distance of 76.07 feet to the POINT OF BEGINij Ni G and
containing a computed area of 0.013 of one acre (566 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 Tumer Collie and Braden, Inc.
OF
•` � � �p��G`1STER�:c'fq
_ Ja ne Ol 25-0 / '
Registered Professional Land Surveyor JAY DEJAN CANINE
Texas Registration Number 4345 ,09 d345
SURVCON INC. O U Rv�-
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
January 17, 2001
J A417658�M&B'S\PARCEL 123.doc
04/17/2001 T17E 09:57 FAX BROWN' McCARROLL SHEETS & LC004/004
= IrCUVEY D TXDD JACOB M. HARRELL SURVEY A-284
= f0UN0 TXOOT GRASS DISK 1N Gb.�CRETE t
❑ - SET TXDOT BRASS OISX IN CONCRETE REMAINDER OF
0 - SET 112' IRON ROD W/TXDOT ALUM. CAP LOT 1 . BLOCK K
1 .420 ACRES
0 = FOUND Ili IRON ROD UNLESS OTHERWISE NOTED LA FRONTERA
IV
® - FOUND 4' : 4' CONCRETE MONUMENT CABINET ES T ION SLIDES 66-68 N
- CALCULATED POINT W•C.P.R.
LA FRONTERA SECTION IV 35/45 INVESTORS. L.P.
C = PRCPERTY LIFE 0.001 ACRE RIGHT-OF-WAY REMAINDER OF CALLED
fIl - BASELINE DEDICATION 227.8382 ACRES
CABINET S DOC. #9848753
- UTILITY PCLE SLIDES 66-68 O.R.w. C. T.
W.C.P.R. N775368g7'E
m
N22'28'2
229 29-332100-00'
STA. 5194.35.73
PROPOSED
tD R.O.W. S.H. 45
522.34'00`11
Q 12.67'
J^QN ;� STA. 519+28.47 15 P.U.E.
p CABINET 5.
ccH-o . 10 SL IDES 66-68
m^r->— �. w.C.P.R.
Q NNn EXXON MOBIL CORPORATION
Lao-Cc u a�
123
DOC= 2000056868
z•-Lu L�59.5d' O.P.R.!(•C.T.
OC ~w R�50.00,
"'z e=13.38'45' LOT 1 . BLOCK K APARC�EL Q ¢aD C=N04.57'20`w 'n LA FRONTERA< 59.40' ti SECTION IVCABINET S. SLIDES 66-,68W.C.P.R.
P.O.B. PARCEL 123 PROPOSED X .131.134.82R.O.M. S.H. 45
t23
7=10.148.944.59
STD_ 519+05.68
NOTES: WHOLE PROPERTY
I. BEAR "3GS AND C�INATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. I NSE T
MALT R'jEINTR�A 1ZONE AND ADJUSTED TO SURFACE USSFING cApSURFMAECE ADJUSTMENT NOT TO SCALE
2. twsIlSJRaNCT WAI�ATENOOT1 CLUDENEnSEMt3 /HDI[MfORwATIOwNIPERTeIrFiINGTTOLTHESE
INFOAuAT 0�_ THi NFORYYEETOR HAS NOTaABSHTRI A TIED IS BASED
RECORD ACREAGE
3. THE BASELINE SHOVW HEREON 15 R A DESIGN SCHEMATIC FILE PRVVIDED SUMMARY
BY TURNER. COLLIE AND BRADEN. IMC. (SO-FT. )
4. D-E. INDICATES DRAINAGE EASEMENT
S. P.U.E. INDICATES PUBLIC UTILITY EASEMENT WHOLE 1.248
6. T.C.E. INDICATES TEMPORARY CD16 TRUCTION EASEMENT PROPERTY (54.363 )
7. D•R.R.C.T, INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS AREA 0.013
B. tf.G.P.R. INDICATES 11LLIAMSDN COUNTY PLAT RECORDS
ACQUIRED (566)
a. W.C.O.R. INDICATES WILLIAMSOW COUNTY OF-ED RECORDS REMAINDER
10. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS LEFT
11. T.C.P.R. INDICATES TRAVIS COUN'" PLAT RECORDS S.H.4S REMAINDER 1 .326
12. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS PARCEL PLAT RIGHT (57.761 )
FOR PARCEL 123
13. O.P.R.W.C.T. INDICATES OFFICIAL PUBLIC RECORDS OF YILUTAM$DN COUNTY. TEXAS COUNTY: WILLIA660M
GR►NTOR:EXXON 64081L CQRPORATICH
OF SURVCON INC.
�E�% TfRFF+9 PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 4BO
.--�•. ..e AUSTIN. TEXAS 78701
JAY DEAN CANINE ,+TELEPHONE (512) 899-8282. FAX (512) 899-9390
EMAILI austlnxaur-can.com
�\ d5•9 1' /SCALE: I- - 30' JOB ;r: '417-658
ATE
JAY DEA INE 0 "• v DATE: JAN 2001 F.B. jw: SH 45
CL&TESZED PROFESSIONAL LAND SURVEYOR II �^•�'/ pdCZ Z3.OGN
,....• +�' CAD FILE:
TEXAS REGISTRATION NO. 4345 DRAWN BY! DT_,
CHFCKFD RY: I WS
DATE: September 7, 2001
SUBJECT: City Council Meeting—September 13, 2001
ITEM: 15.13.3. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with Exxon Mobil Corporation for right-of-way for the SH
45 roadway project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: This contract with Exxon Mobil Corporation is for the acquisition of right-of-way for
the SH-45 project. The purchase price was based on the same price per square foot
for the 35/45 Investors tracts. No appraisal was performed.
Funding:
Cost: $4,205.38
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
,ORIGINAL
REAL ESTATE CONTRACT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT OF SALE ("Contract") is made by and between EXXON MOBIL
CORPORATION, a New Jersey corporation (referred to in this Contract as "Seller") and the
CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock,
Williamson County, Texas (referred to in this Contract as "Purchaser"), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, that certain parcel of land containing approximately 0.013 acres of land (566 square feet)
situated in Williamson County, Texas, being more particularly described as follows:
Parcel # 123: 0.013 acre tract, (566 square feet) 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-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"),
together with any improvements, fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the terms, provisions, and conditions set
forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Four Thousand Two
Hundred Five and 38/100 Dollars ($4,205.38.)
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transaction
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing).
Preliminary Title Commitment
3.02. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost
and expense, shall have caused Austin Title Company (the "Title Company") of 101 E. Old
Settlers Blvd., Round Rock, Texas 78664, to issue a preliminary title report (the "Title
Commitment"). Purchaser shall give Seller written notice on or before the expiration of three (3)
days after Purchaser receives the Title Commitment that the condition of title as set forth in the
title binder is or is not satisfactory, and in the event Purchaser states that the condition is not
satisfactory, Seller may, but shall not be obligated, to eliminate or modify all unacceptable
matters to the reasonable satisfaction of Purchaser. In the event Seller is unable, or unwilling to
do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title
Company to Purchaser unless Purchaser elects to clear such title matters itself or through a
friendly condemnation action. In the event such friendly condemnation action is commenced,
the parties hereto shall stipulate to the value of the Property set forth in this Agreement.
Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's
acceptance of the Title Commitment.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before July 31, 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"). Notwithstanding that the closing date will occur in July, the effective date of
the transfer will be deemed to be June 27, 2001.
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the
following:
(i} General real estate taxes for the year of closing and subsequent years not
yet due and payable;
Any exceptions approved by Purchaser pursuant to Article III hereof, and
Any exceptions approved by Purchaser in writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense,
issued by the Title Company, in Purchaser's favor in the full amount of the
purchase price, insuring Purchaser's fee simple title to the Property subject only
to those title exceptions listed above, such other exceptions as may be approved in
writing by Purchaser, and the standard printed exceptions contained in the usual
form of Texas Owner's Title Policy.
(c) The aforesaid Special Warranty Deed will include provisions that it is being
delivered in lieu of condemnation.
(d) As provided in paragraph 9.01 below, Seller is delivering to Purchaser
possession of the Property as of the date of this Contract.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
4.03 General real estate taxes for the then current year relating to the Property, shall be
prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
All special taxes or assessments to the closing date relating to the Property and then due and
payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if
any, resulting from a change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Purchaser;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage commissions due to any brokers
representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions
of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars
($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the Purchase Price,
provided, however, that in the event the Purchaser shall have given written notice to the Title
Company that one or more of the conditions to its obligations set forth in Article III have not
been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for
in Article I1I, then the Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser, unless Purchaser elects to clear such title matters itself or through a friendly
condemnation action. In the event such friendly condemnation action is commenced, the parties
hereto shall stipulate to the value of the Property set forth in this Agreement.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder
or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or
the failure of any condition to Seller's obligations provided herein, Purchaser may, as its sole and
exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that
the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; or (3) initiate
a friendly condemnation action upon the terms set forth in Section 3.02.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring
suit for damages against Purchaser; or (2) bring suit for specific performance, or (3) receive the
Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the
terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as
its total damages and relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
SPECIAL PROVISIONS
Possession and Use Agreement
9.01. For the consideration to be paid by Purchaser which is set forth in Paragraph 2.01
above, Seller hereby grants, bargains, sells and conveys to Purchaser exclusive immediate
possession and use of the Property for the purpose of constructing a highway or turnpike project
and appurtenances thereto and the right to remove any improvements. The foregoing grant will
extend to Purchaser, its contractors, assigns and/or owners of any existing utilities on the
Property and those which may be lawfully permitted on the Property by Purchaser in the future.
This grant will allow the construction, relocation, replacement, repair, improvement, operation
and maintenance of these utilities on the Property, to begin immediately and prior to the closing
date. The purpose of this grant is to allow Purchaser to proceed with its construction project
without delay.
9.02 Purchaser is accepting the Property "as is" and Seller makes no representations,
warranties or covenants at all as to the Property.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the express written consent of
Seller. Regardless of the foregoing, Purchaser may assign this Contract to the Round Rock
Transportation Development Corporation.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and agreements of the parties, as
well as any rights and benefits of the parties, pertaining to a period of time following the closing
of the transactions contemplated hereby shall survive the closing and shall not be merged therein.
Notice
(c) Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created hereunder are performable in
Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit of the parties and
their respective heirs, executors, administrators, legal representatives, successors and assigns
where permitted by this Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) Words of any gender used in this Contract shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
Memorandum of Contract
(1) Upon request of either party, both parties shall promptly execute a memorandum
of this Contract suitable for filing of record.
Effective Date
(k) This Contract shall be effective as of the date it is approved by the City Council,
which date is indicated beneath the Mayor's signature below.
SELLER:
EXXON MOBIL CORPORATION
BY �� its
Date:_
PURCHASER:
CITY UND RO K, TEXAS
By:
Robert A. Stluka, Jr., M or
221 E. Main Street
Round Rock, Texas 78664
Date: %—
::ODMATCDOCS\Houston 1\496454\2
04/17/2001 TUE 09: 56 FAX BROWN MCCARROLL SHEETS & 0002.004
EXHIBIT A Pa.-e 1 of 3 Pages 11 0 `
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 123
Being all that certain 0.013 of one acre (566 square feet) tract of land situated in the Jacob M.
Harrell Survey, A-284, Williamson County, Texas, being out of a calculated 1.248 acre
remainder of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S,
Slides 66 through 68 of the Williamson County Plat Records (W.C.P.R.) as conveyed to E.c'on
Mobil Corporation, recorded in Document No. 2000056868 of the Official Public Records of
Williamson County, Texas (O.P.R.W.C.T.). Said 0,013 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:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,131,134.82, Y= 10,148,944.59) set at 282.96 feet right of and perpendicular to State Highway
45 (SH 45) Baseline Station 519+05.68, being in the proposed southerly right-of-way line of SH
45, the westerly line of said Lot 1, the ,%-esterly line of said 1.248 acre tract, and being the
beginning of a curve to the right in the existing easterly right-of-way line of La Frontera
Boulevard (100 feet wide) as dedicated per the plat of La Frontera Section DIB Subdivision
recorded in Cabinet S, Slides 69 through 76. W.C.P.R.;
1. THENCE, along the westerly line of said Lot 1, the westerly line of said 1.248 acre tract and
the e.-usting easterly right-of-way line of La Frontera Boulevard, an arc distance of 59.54 feet
along said curve to the right, with a Radius of 250.00 feet, a Delta Angle of 13°38'45", a
Chord Beating and Distance of North 04°57'20" West, 59.40 feet to a '/2-inch iron rod with
TxDOT aluminum cap set for the most westerly northwest corner of said 1.248 acre tract;
THENCE, along the northerly line of said 1.248 acre tract, the following two courses:
2. North 22°28'29" East, a distance of 29.33 feet to a Y.--inch iron rod with TxDOT
aluminum cap set for an angle point;
3. North 77°36'07" East, a distance of 5.58 feet to a 1/2-inch iron rod with TxDOT aluminum
cap set in the proposed southerly right of way line of SH 45 at 200.00 feet right of and
perpendicular to SH 45 Baseline Station 519 -35.73;
THENCE, along the proposed southerly right-of-way line of SH 45, the following two courses:
4. South 22°34'00" West, a distance of 12.67 feet to a TxDOT brass disk in concrete set for
an angle point;
7:\417658\M�B's%P,.FCEL 123.doc
04/17/2001 TUE 09:56 FAX BROWN MCCARROLL SHEETS & 003/004
EXHIBIT,L Page 2 of 3 Pages
5. South 05001'53" West, a distance of 76.07 feet to the POINT OF BEGLNINTNG and
containing a computed area of 0.013 of one acre (566 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.
OF
�G1STE�,�;��9
Registered Professional Land Surveyor JAY DEAN CANINE
Texas Registration Number 4345
StTRVCON rs5r�:�°�O
INC. (`
5316 Highway 290, Suite 430 5 U 10
Austin, Texas 78735
(512) 899-8282
January 17, 2001
1;1417658VM&S'sTARC£L 123.doc
04/117/2001 TLIE 09: 57 FAX BROWN McCARROLL SHEETS & 4 004%004
LEGEND
= rou JACOB M. HARRELL SURVEY, A-284
= FOUND TXDOT BRASS DISK IN CONCRETE
❑ - SET TZDOT BRASS D1Sr, 1N CONCRETE REMAINDER OF
0 - SET '12' IROS ROD W/TXOOT ALUM. CAA LOT 1 . BLOCK K
1 .420 ACRES
0 = FOUND I12 IRON ROD UNLESS OTHERWISE NOTED LA FRONTERA
® - FOUND 4' : 4' cpNCAFrE MONUMENTON IV
CABINETES TISLIDES 66-68 N
O - CALCULATED POINT W.C.P.R.
LA FRONTERA SECTION IV 35/45 INVESTORS, L. P.
= PRIIPERTY LINE 0.001 ACRE RIGHT-OF-WAY REMAINDER OF CALLED
II - BASELINE DEDICATION 227.8382 ACRES
CABINET S DOC. #9948753
ZQ - UTILITY POLE SLIDES 66-68 O.R.N.C.T.
W.C.P.R. N775%97'E
FF
COW N2229' �9'E STA. 519+35.73
PROPOSED
z -^ S22.34'00`W R-O-W. S.H. 45
—a' 12.67'
w z STA. 519+28.47
15' P.U.E.
CABINET 5.
OO O m SLIDES 66-68
� �
�.
w� W.C.P.R.
3 �
woQN�' EXXON MOBIL CORPORATION
�-omv'� 123
DOC=s 2000056868
z•-w L�59.54' n O.P.R.N.C•T.
1-9w R=250.00, h
a ¢co 0104357420`11 ;� AS.H.
LOT 1 . BLOCK K
-' 59 40' a LA FRONTERA SECTION IV
CABINET S. SLIDES 66-6W.C.P.R.
P.0.8. PARCEL 123 PROPOSEDX .131.134.82 R.O.N. S.H. 45
Y=^f0.148.944.59
t23
STa. 519+05.68 -
NOTES: WHOLE PROPERTY
1. BEAR NGSCCAN�N�7D7�CCO,C1®INATES BASED ON THE TEXAS STATE PLANE CCMD INATE SYSTEM. ` I NSE T
MAD
P'OFE1.00i5,jONE AND ADJUSTED TO SURFACE USING CApSURFAACCE ADJUWT STMENT NOT TO SCALE
2. INSURANCIgEA1�VEY r MLY NOTT INNCLUDENEwSE►TEHMT3-AN lid ORmA ON PiF TA N(NGTIOLYNESE
TRACTS. RECJ>� (1F DRMATIOM SHOIM al THIS MA? 15 BASED ON PUBLIC RECORD
INFORMATION- TNfi SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. ACREAGE
3. BYTURNER. SHOWN
NAHEREON IN.INC.IDESIGN SCHEMATIC FILE PROVIDED SUMMARY
(SO-FT.
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT WHOLE 1.248
S. T.C.E. INDICATES TEMPORARY CONSTRUCTION EASEMENT PROPERTY (54.363)
Y. D.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS AREA 0.013
8. W.C.P.R. INDICATES WILLIAMSON CAUNTY PLAT RECORDS ACQUIRED (566)
e. k.C.O.R. INDICATES WILLIAMSON COUNTY DEED RECORDS REMAINDER
10. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS LEFT
11. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS S.H.45 REMAINDER 1 .326
12. T.C.D.R. INDICATES TRAVIS COIdiTY DEED RECORDS FORCE RPLAT
723 RIGHT (57.761 >
13. D-P.R.11.C.T. INDICATES OFFICIAL PUBLIC RECORDS OF IILLIAWSON COUNTY. TEXAS COUNTY. WILLIAMSON
GRANTOR:EXXON MOBIL CORPORATION
OF SURVCON INC.
�� I Tf��F'� PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
■`•+�.+.�.� AUSTIN. TEXAS 78701
JAY DEAN CANINE `/TELEPHONE (512) 999-9282. FAX (S12) 899-9390
4345 EMAIL: aus+1mosurvccn.com
10�- 'd /SCALE: I' - 30' JOB P; 417-658
DATE .4a�1ss��a�
JAS DLGFEAED PROFESSIONAL LAND SURvEYOR DATE: JAN 2001 F.B. �: SH a5
TEXAS REGISTRATION ND. +3.5 %" DRANK BY: DT CAD FILE: per123.0CN
i
CHECKED BY: LWS
Parcel: 1.23 ' �`� � k� C,
SPECIAL WARRANTY DEED
State Highway 45 Right-of-Way
'Z THE STATE OF TEXAS S§
4", J
4 COUNTY OF WILLIAMSON §
�.
w
WHEREAS,the City of Round Rock,Texas is authorized to purchase land and such other property
i rhts deemed necessary or convenient for the construction expansion, enlargement, extension
g �' � p g ,
improvement, or operation of a portion of the proposed State Highway 45 ("Project"); and,
WHEREAS, the purchase of the hereinafter-described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, EXXON MOBIL CORPORATION, a New Jersey corporation, hereinafter referred to as
Grantors,whether one or more, for and in consideration of the sum of Ten Dollars($ 10.00)and other good
and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and
sufficiency of which is hereby acknowledged,and for which no lien is retained,either expressed or implied,
have this day Sold and by these presents do Grant,Bargain, Sell and Convey unto the City of Round Rock,
Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State
of Texas, being more particularly described as follows:
Parcel#123:0.013 acre tract,(566 square feet)as more particularly described in Exhibit"A",
attached hereto and incorporated herein.
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 State to take and
use all other minerals and materials thereon, therein and thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded
restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and
other instruments, other than liens and conveyances,that affect the property; rights of adjoining owners in
any walls and fences situated on a common boundary;any encroachments or overlapping of improvements;
and taxes for the current year, the payment of which Grantee assumes.
501869 1
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all
and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock,Texas
and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed
unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof by, through, or under Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation and Grantors have made no representations or
warranties concerning the Property and the City of Round Rock is purchasing the Property AS IS.
IN WITNESS WHEREOF, this instrument is executed on this the_day of July, 2001.
EXXON MOBIL CORPORATION
By: �-"-
Name: 0F/Sf�E
Title: CG el'a C.GGz`��� ��� Fa e
Address:
0 7
Acknowledgments
STATE OF TSS §
FAA P,FAX §
COUNTY OF §
This instrument was acknowledged before me on July .2 I, 2001 by U
of EXXON MOBIL CORPORATION.
signature)
_ 5LLSa EARL— �E1fIGN' typedname)
Notary Public in and for
the State ofylfCIAIIA
Iv,`y commission expires
I / , 200 l
AUSTIN TITLE COMPANY
101 E. Old Settlers Blvd.
Suite #100
Round Rock, Texas 78664
501869 2
04/17/2001 IVE 09: 56 FAX BROWN MCCARMLL SHEETS & Z002-004
- EXMB[T A—Page l of 3 Pages
County: Williamson
Hi;hwav: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 123
Being all that certain 0.013 of one acre (566 square feet) tract of land situated in the Jacob M.
Harrell Survey, A-284, Williamson County, Texas, being out of a calculated 1.248 acre
remainder of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S,
Slides 66 through 68 of the Williamson County Plat Records (W.C.P.R.) as conveyed to Ex'%on
Mobil Corporation, recorded in Document No. 2000056868 of the Official Public Records of
Williamson County, Texas (O.P.R.W.C.T.). Said 0,013 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:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,131,134.82, Y= 10,148,944.59) set at 282.96 feet right of and perpendicular to State Highway
45 (SH 45) Baseline Station 519+05.68, being in the proposed southerly right-of-way line of SH
45, the westerly line of said Lot 1, the westerly line of said 1.248 acre tract; and being the
beginning of a curve to the right in the existing easterly right-of-way line of La Frontera
Boulevard (100 feet wide) as dedicated per the plat of La Frontera Section DIB Subdivision
recorded in Cabinet S, Slides 69 through 76. W.C.P.R.;
1. THENCE, along the westerly line of said Lot 1, the westerly line of said 1.248 acre tract and
the existing easterly right-of-way line of La Frontera Boulevard, an arc distance of 59.54 feet
along said curve to the right, with a Radius of 250.00 feet, a Delta Angle of 13°38'45", a
Chord Bearing and Distance of. North 04°57'20" West, 59.40 feet to a '/z-inch iron rod with
TxDOT aluminum cap set for the most westerly northwest corner of said 1.248 acre tract;
THENCE, along the northerly line of said 1.248 acre tract, the following two courses:
2. North 22°28'29" East, a distance of 29.33 feet to a '/2-inch iron rod with TxDOT
aluminum cap set for an angle point;
3. North 77°36'07" East, a distance of 5.58 feet to a '/2-inch iron rod with TxDOT aluminum
cap set in the proposed southerly right of way line of SH 45 at 200.00 feet right of and
perpendicular to SH 45 Baseline Station 519+35.73;
THENCE, along the proposed southerly right-of-way line of SH 45, the following two courses:
4. South 22°34'00" West, a distance of 12.67 feet to a TxDOT brass disk in concrete set for
an angle point;
J'\417658\M8cB'S%PARCEL 123.doc
04/17/2001 TUE 09: 56 FAX BROWN KcCARROLL SHEETS & 0003.00.1
EXHIBIT.L Pale 2 of 3 Pages
5. South 05401'53" West, a distance of 76.07 feet to the POINT OF BEGLNTINTING and
containing a computed area of 0.013 of one acre (566 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.
OF
�p4�G`% TER�E�9
Registered Professional Land Surveyor JAY DEAN CANINE
Texas Registration Number 4345 ,0 x345 �.
SURVCON INC, O u���-
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
January 17, 2001
7:\417658\M&8'5\PARCEL I23.doc
04/17/2001 TUE 09:57 FAX BROWN McCARROLL SHEETS & .9004.004
SURVEYLEGEND
= JACOB M. HARRELL SURVEY, A-284
= FOUND 7XDOT BRASS DISK IN CONCRETE
❑ - SET TXDOT BRASS DISK IM CONCRETE REMAINDER OF
Q - SET '12' IRON ROD W/TXDDT ALUY, CAP LOT 1 . BLOCK K1 .420 ACRES
0 = FOUND "2' IRDN ROD UNLESS OTHERWISE NOTED LA FRONTERA
® - FOUND 4• : 4' CONCRZTE M014uliENT SECTION IV
CABINET S. SLIDES 66-68 N
- CALCULATED POINT W.C.P.R.
!e = PROPERTY L11�
LA
001R ACRE RISECTION
HT IOFN WAY 3RE14AINDERSOFORCALLED
IL - BASELINE DEDICATION 227.8382 ACRES
CABINET 5 DOC. #9848753
Lq - UTILITY POLE SLIDES 66-68 0.R.IV. C. T.
W.C.P.R. N7753S897'E
MN2 29 339'E STA. 519+35.73
o �e`D-
R.O.W.PROPSSH. 45
522.34'00`W
> -� 12.67'
-i-qti STA. 519+28.47 15' P,U.E.
=Lu�w 0 10, CABINET S.
no mom SLIDES 66-68
W.C.P.R.
cr_- u EXXON MOBIL CORPORATION
�
ocx�;)i 1a* 123 DOCss 2000056868
Z•-LuL�9.54' n O.P.R.M•C.T.
m gui R=2150.001
LL z e=13.34'45' 0 LOT 1 . BLOCK K
a ¢m C=N04.57'20'r AC�E
a gg qO• o LA FRONTERA
acs ti SECTION IV caBINET W.0 PIRES 66-6P.0.9. PARCEL 123 R.OPROPSSHD 45 X .131-134.82
T=10.148.944.59 123
STs. 519+05.68
NOTES: WHOLE PROPERTY
1. BEAR "3GSCcAINNmT7pp,,,C.�ODR9INATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. \` I NSE T
F T R OFE1.0 IJOME AND ADJUSTED TO SURFACE. USSING CA SURFIA
CE ADJUSTMENT NOT TO SCALE
2 IwtSIS1RAHCVET WAtA�S. tsTENpT�1ENCIUDEHESEMEMTS aN►EiDI[NFOR.ATQOwMIPERTnINtNGTTOLTHESE
IMFORWATIC 1_ THEWSURYYEETORNHASpMDTaABSNTRACTTED THESESTRACTS.PUBLIC RECORD ACREAGE
3. THETURNERIME SHOWN HE EEON is IRG DESIGN SCHEMATIC FILE PROVIDED SUMMARY
)
d. D.E. INDICATES DRAINAGE EASEMENT (SO-FT.
5. P.U.E. INDICATES PUBLIC UTtLITT EASEMENT WHOLE 1.248
S. T.C.E. INDICATES TEMPORARY CONSTRUCTION EASEMENT PROPERTY (54,363)
7. D.R.N.C.T. INDICATES OFFICIAL RECORDS OF 'WILLIAMSON COUNTY TEXAS AREA 0.013
8, W.C.P.R. INDICATES WILLIAMSON COUNTY RAT RECORDS ACQUIRED (566)
e. W.C.O.R. INDICATES WILLIAMSON COUNTY DEED RECORDS REMAINDER
10. R.P.R.T.C.T. IMDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS LEFT
11. T.C.P.R. INDICATES TRAVIS COU1M`T PLAT RECORDS S.H.45 REMAINDER 1 .326
12. T.C.D.R. INDICATES TRAVIS COIpJTY DEED RECORDS PARCEL PLAT RIGHT (57.761 )
13. O.P.R.W.C.T. tN01CATES OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEzAS FOR PARCEL123WILLIAMSON
GRANTDR:EXXON MOBIL CQRPORATiDN
RECORDERS MEMORANDUM OFSVRVCON INC.
All or puts of the tact on this page was not �,EGI fR.+q PROFESSIONAL SURVEYORS
clearly legible for utisfactory m0ordation. 5316 HWY, 290 WEST. SUITE 480
����--- --:•••. AUSTIN. TEXAS 78701
JAY DEAN CANINE ELEPHONE (512) 899-8282. FAX (512) 899-9390
,O 4345 EMAIL: Oustlnesurvccn,com
` ATED 'ZS 9•+�F 551�?�•a SCALE: 1- - 30' JJOB ;r-. 417-658
JAY DEA INE '��~ ...'y� DATE= JAN 2001 F.B. -:
SH 45
E1fED
CLG� PROFESSIONAL LAND SURVEYOR �� ��I C' ^�G' �
TEXAS REGISTRATION ND. 4345 ,•,^-•� DRAWN BY: DT CAD FILE. pOt^123.DGN
CHECKED BY: LWS
rr
ISSUED By OWNER'S POLICY OF TITLE INSURANCE
1aupyersTidelnsurance Corrporation
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS,LAWYERS TITLE INSURANCE CORPORATION,a Virginia corporation, herein called the Company, insures,as of
Date of Policy shown in Schedule A, against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's,contractor's,or materialmen's lien for labor or material having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys'fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
\NSUR-4N�\%%I
�E , F It
Attest: i;��.•` j� II s; By:
i SEA LJ .'•��
Secretary �ir�5; 192 g :'rod President
4 r
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase,lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy,state insolvency,or other state or federal creditors'rights laws that is based on either
(i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable
subordination or
(iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Texas Owner's Policy T-1 (Rev. 1-1-93)
Cover Page
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. 4. DEFENSE AND PROSECUTION OF ACTIONS:DUTY OF INSURED CLAIMANT
The following terms when used in this policy mean. TO COOPERATE.
(a) 'insured". the insured named in Schedule A, and, subject to any rights or (a) Upon written request by the insured and subject to the options contained in
defenses the company would have had against the earned 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
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)
consolidatior,cr the dls;rlbutloo of the assets of the corporation upon partial or complete to represent the insured as to these 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
[i1 the parti�ership successors in interest to a general or limited or expenses incurred by the Insured ie the defense of those causes of action that allege
partnership which dissolves but does not terminate. matters not insured against by this policy_
the s.;, ,scrs k interest to a general or United partnership resulting (b) The Company shall have the right at its ova, ;ost,to institute and prosecute
'rem the distribution cf the assets c` the general or limited partnership upon partial a any action or piceeeding or to dc-a,r ether ac,t that in its opinion may be necessary
or
complete howdation, desirable to establish the title to the estate or interest, as insured, or to prevent or
(w) the successors hr interest to a joint venture resulting from the reduce loss o. damage to insured. The Company may take any appropriate a:;tion
di--tribution of the asseb of, ,e lo,nt venture upon partial or complete liquidation; under tre terms of this policy, whether or not it shall be Fable hereunder,and shall
not
(v) tse su esscr or substitute trustee(s) of a trustee named in a written thereby concede liability cr waive any provision of this policy. if the Company shall
trust Instrument,or exercise Its rights under this paragraph,it shall do diligently.
(v!) the succ:ssors in Interest to a trustee or trust resulting from the (c) Whenever the Company shall have brought an action nr interposed a
dist-ibution of all or par.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 "knewr' actual knowledge, not constructive knowledge or expressly reserves the right,in its sole discretion,to appeal from any adverse judgment
notice chat 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 :end described or referred to in Schedule A, and improvements Company the r!ght to so prosecute or provide defense in the action or proceeding and
affixed thereto that by law constitute real property The term"land"does not include any all appeals herein,and permit the Company to use,at its option,the name of the insured
property beyond the lines of the area described or referred to in Schedule A, nor any for this purpose Whenever requested by the Company,the insured,at the Company's
right,title,interest,estate or easement in abutting streets, roads,avenues,alleys,lanes, expense, shall give the company all reasonable aid (i) in any action or proceeding,
ways or waterways,but nothing herein shall modify or limit the extent to which a right of securing evidence, obtaining witnesses, prosecuting or defending the action or
access to and from the land is insured by this policy. proceeding,or effecting settlement, and(ii)in any other lawful act that in the opinion of
(e) "mortgage mortgage,deed of trust,trust deed,or other security instrument. the Company may be necessary or desirable to establish the title to the estate or
(f) "public records records established under state statutes at Date of Policy interest as insured. If the Company is prejudiced by the failure of the insured to furnish
for the purpose of imparting constructive notice of matters relating to real property to the required cooperation, the Company's obligations to the insured under the policy
purchasers for value and without knowledge With respect to Section 1(a)(iv) of the shall terminate,including any liability or obligation to defend,prosecute,or continue any
Exclusions From Coverage,"public records"also shall include environmental protection litigation,with regard to the matter or matters requiring such cooperation.
liens filed in the records of the clerk of the United States district court for the district in 5. PROOF OF LOSS OR DAMAGE.
which the land is located. In addition to and after the notices required under Section 3 of these Conditions
(g) "access": legal right of access to the land and not the physical condition of and Stipulations have been provided the Company, a proof of loss or damage signed
access. The coverage provided as to access does not assure the adequacy of access
for the use intendedand sworn to by the insured claimant shall be furnished to the Company within 91 days
after the insured shall ascertain the facts giving rise to the loss or damage. The proof of
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. loss or damage shall describe the defect in,or lien or encumbrance on the title,or other
The coverage of this policy shall continue in force as of Date of Policy in favor of matter insured against by this policy that constitutes the basis of loss or damage and
an insured only so long,as the insured retains an estate or interest in the land,or holds shall state, to the extent possible, the basis of calculating the amount of the loss
or
an indebtedness secured by a purchase money mortgage given by a purchaser from the damage. If the Company is prejudiced by the failure of the insured claimant to provide
insured, or only so long as the insured shall have liability by reason of covenants of the required proof of loss or damage, the Company's obligations to the insured under
warranty made by the insured in any transfer or conveyance of the estate or interest. the policy shall terminate, including any liability or obligation to defend, prosecute,
or
This policy shall not continue in force in favor of any purchaser from the insured of either continue any litigation, with regard to the matter or matters requiring such proof
of loss
(i)an estate or interest in the land,or(ii)an indebtedness secured by a purchase money or damage.
mortgage given to the insured In addition, the insured claimant may reasonably be required to submit to
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. examination under oath by any authorized representative of the Company and shall
The insured shall notify the Company promptly in CLn i in case of an litigation produce for examination,inspection and copying,at such reasonable times and places
y p y p p y g() y g as may be designated by any authorized representative of the Company, all records,
as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured books, ledgers, checks, correspondence and memoranda, whether bearing a date
hereunder of any claim of title or interest that is adverse to the title to the estate or before or after Date of Policy,which reasonably pertain to the loss or damage.Further,if
interest,as insured,and that might cause loss or damage for which the Company may requested by any authorized representative of the Company,the insured claimant shall
be liable by virtue of this policy. If prompt notice shall not be given to the Company, grant its permission, in writing, for any authorized representative of the Company
to
then as to the insured all liability of the Company shall terminate with regard to the examine, inspect and copy all records, books, ledgers, checks, correspondence and
matter or matters for which prompt notice is required;provided, however,that failure to memoranda in the custody or control of a third party, which reasonably pertain to the
notify the Company shall in no case prejudice the rights of any insured under this policy loss or damage. All information designated as confidential by the insured claimant
unless the Company shall be prejudiced by the failure and then only to the extent of the provided to the Company pursuant to this Section shall not be disclosed to others
prejudice. unless,in the reasonable judgment of the Company,it is necessary in the administration
When, after the date of the policy, the insured notifies the Company as required of the claim. Failure of the insured claimant to submit for examination under oath,
herein of a lien, encumbrance, adverse claim or other defect in title to the estate or produce other reasonably requested information or grant permission to secure
interest in the land insured by this policy that is not excluded or excepted from the reasonably necessary information from third parties as required in this paragraph shall
coverage of this policy,the Company shall promptly investigate the charge to determine terminate any liability of the Company under this policy as to that claim.
whether the lien,encumbrance,adverse claim or defect is valid and not barred by law or
statute. The Company shall notify the insured in writing,within a reasonable time,of its 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
determination as to the validity or invalidity of the insured's claim or charge under the LIABILITY.
policy. If the Company concludes that the lien,encumbrance,adverse claim or defect is In case of a claim under this policy, the Company shall have the following
not covered by this policy,or was otherwise addressed in the closing of the transaction additional options:
in connection with which this policy was issued, the Company shall specifically advise (a) To Pay or Tender Payment of the Amount of Insurance.
the insured of the reasons for its determination If the Company concludes that the lien, To pay or tender payment of the amount of insurance under this policy,
encumbrance, adverse claim or defect is valid, the Company shall take one of the together with any costs,attorneys'fees and expenses incurred by the insured claimant,
following actions (i)institute the necessary proceedings to clear the lien,encumbrance, which were authorized by the Company,up to the time of payment or tender of payment
adverse claim or defect from the title to the estate as insured; (ii)indemnify the insured and which the Company is obligated to pay.
as provided in this policy, (iii) upon payment of appropriate premium and charges Upon the exercise by the Company of this option,all liability and obligations
therefor,issue to the insured claimant or to a subsequent owner,mortgagee or holder of to the insured under this policy, other than to make the payment required, shall
the estate or interest in the land insured by this policy,a policy of title insurance without terminate, including any liability or obligation to defend, prosecute, or continue
any
exception for the lien, encumbrance, adverse claim or defect, said policy to be in an litigation,and the policy shall be surrendered to the Company for cancellation.
amount equal to the current value of the property or, if a mortgagee policy,the amount
of the loan; (iv) indemnify another title insurance company in connection with its
issuance of a policy(ies)of title insurance without exception for the lien,encumbrance,
adverse claim or defect, (v) secure a release or other document discharging the lien,
encumbrance,adverse claim or defect;or(vi)undertake a combination of(i)through(v)
herein.
continued on next page of cover sheet
LAWYERS TITLE INSURANCE CORPORATION
---------------------
OWNER POLICY OF
TITLE INSURANCE
---------------------
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2001 RR 219160-D (215) /khs 9/27/2001 0219160
SCHEDULE B
8. ORDINANCE ADOPTING THE LA FRONTERA WEST PUD NO. 39 RECORDED AS DOCUMENT
#9923405, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
9. AN EASEMENT DATED JULY 31 1936' GRANTED TO TEXAS POWER & LIGHT COMPANY BY
WILLIAMSONANDERSCOUNTY, TEXAS. (EASEMENTD INMFORBELECTRICPAGE368 TUNSMISSIONDEEDORDSAND%OR
DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
10. AN EASEMENT DATED AUGUST 4, 1936, GRANTED TO TEXAS POWER & LIGHT COMPANY
BY PAGE374 A.DEED RERSON AND WIFE CORDS, WILLIRASONNCY COUNTYERSON TEHASRECORDED IN(EASEMENTVOLUME 282
FOR ELECTkIC
TRANSMISSION AND/OR DISTRIBUTION LINE, T06ETHER WITH ALL RIGHTS RECITED
THEREIN)
11. AN EASEMENT DATED SEPTEMBER 18 1939 GRANTED TO TEXAS POWER & LIGHT
COMPANY BY ERNEST R. ANDERSON AND WIFE, MRS. NANCY ANDERSON RECORDED IN
VOLFORUME ELECTRfCPAGE 403 TRANSMISSDONDAND/ORDDfSTRIBUTIONNLINE,TY TEXAL TbGETHER WITHALLRIGHTS RECITED THEREIN)
12. AN EASEMENT DATED MAY 30, 1951 GRANTED TO TEXAS POWER & LIGHT COMPANY BY
ESTATE OF C.A. ANDERSON DECEASED, RECORDED IN VOLUME 372 PAGE 63 DEED
RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION
AND/OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
13 . AN EASEMENT DATED MAY 29, 1951 GRANTED TO TEXAS POWER & LIGHT COMPANY BY
ERNEST R. ANDERSON AND WIFE Mks. E.R. ANDERSON, RECORDED IN VOLUME 372
TAGE RANSMISSIIONDAND/ORD DfSTRIBUTIONNCOY TEXAS.LINE TT6GET ER WITHAALLERIGHTS RECITEESEMNT FOR D
THEREIN)
14. AN EASEMENT DATED APRIL 17 1981 GRANTED TO THE CITY OF ROUND ROCK BY TOM
KOURI, RECORDED IN VOLUME 650, PAGE 906, DEED RECORDS CORRECTED AND
RE-RECORDED AS DOCUMENT
WILLIAMSON COUNTY CUTEXAS
#98 (EASEM NTD FOR PUBLIC9UTILIM ES, TOGETHER WITH,
ALL RIGHTS RECITEN THEREIN)
15. AN TOMEKOURINTDATED RECORDEDEINEMBER VOLUME3125085PAGE 705D TO THE OFFFICIALITY OF RECORDSOUND ROCK BY
WILLIAMSON
COUNTY, TEXAS. (EASEMENT FOR PUBLic UTILITIES, TOGETHER WITH ALL RIGHTS
RECITED THEREIN)
16. AN EASEMENT DATED APRIL 12, 1999, GRANTED TO DDR DB DEVELOPMENT VENTURES,
L.P. A TEXAS LIMITED PARTNERSHIP BY 35/45 INVESTORS, L.P. A TEXAS LIMITED
PARCOUNTY, TEAS. (EASEMENTORDED AS DOCUMENT FOR ACCESS923860 TOGE' HERFWITHLALLCRIGH�SbS WRECITEDON
( 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 219160-D (215) /khs 9/27/2001 0219160
SCHEDULE B
THEREIN)
17. TERMS, PROVISIONS AND CONDITIONS SET OUT IN THAT CERTAIN PERMIT TO
APPROPRIATE STATE WATER DATED JANUARY 29 1985, RECORDED IN VOLUME 2, PAGE
49, WATER RECORDS, WILLIAMSON COUNTY, TEkAS.
18 AN BY ERNESTNR.DATED ANDERSONUST AND1WfFE958kNC M. . ANDERSONS RECORDED POWER & LIGHT IN VOLUME 427,
TAGE 11 RANSMI�SDONDAND/ORDDfSTRIBUTIONNLINE,TTbGETHER WITHAALLENT FOR RIGHTTS RECITED
THEREIN)
19. AN EASEMENT DATED JANUARY 9, 1963, GRANTED TO SOUTHWESTERN BELL TELEPHONE
4O57IP PAGEY275, DEEDERSON RECCORDSAND
WILLfAMSON COUNTY TEXAS. RECORDED
(EASEMENTIFORVOLUME
COMkUNICATION LINES, TOGETHAR WITH ALL RIGHTS RECITED THEREIN)
20 AN OWAASEMENT CORPORATIONDBYETBOMAKOURf AND1*I EANTED THELENOKOURINERECORDEDMIN VOLOUME�
824, PAGE 593, DEED RECORDS, WILLIAMSM COUNTY, TERAS. (EASEMENT FOR
UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
21. AN EASEMENT DATED FEBRUARY 2, 1981, GRANTED TO LARTNEC INVESTMENT CO. , AN
8O24A PAGEO598ION BY TOM DEED RECORDSRIWILDLIAMSOfi COUNTYWIFE HELENKOTEaSREC(EASEMENTORDED INVOLUM
FOR E
UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
22. AN EASEMENT DATED AUGUST 24, 1981, GRANTED TO THE CITY OF ROUND ROCK BY
TOM KOURI RECORDED IN VOLUME 850 PAGE 902 DEED RECORDS WILLIAMSON
COUNTY, TAXAS. (EASEMENT FOR PUBLIC UTILIHES, TOGETHER WITH ALL RIGHTS
RECITED THEREIN)
23. AN EASEMENT 15 FEET IN WIDTH IS RESERVED ACROSS SUBJECT PROPERTY FOR
PUBLIC UTILITIES, AS SHOWN ON PLAT.
Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
. 0219160 L 491 $******4,205.38 $****270.00 1000
LAWYERS TITLE INSURANCE CORPORATION
---------------------
OWNER POLICY OF
TITLE INSURANCE
---------------------
CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
2001 RR 219160-D (215) /khs 9/27/2001 $******4,205.38 0219160
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK, TEXAS
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, TEXAS
4. The land referred to in this policy is described as follows:
BEING 0. 013 OF AN ACRE OF LAND, (566 SQUARE FEET) , MORE OR LESS, OUT OF
LOT 1 BLOCK K, "LA FRONTERA SECTION IV" A SUBDIVISION IN WILLIAMSON
COUNTf TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET S,
SLIDE () 66-6� PLAT RECORDS WILLIAMSON COUNTY TEXAS AND BEING MORE
PARTICULARLY DkSCRIBED BY ME' ES AND BOUNDS IN E:kHIBIT r'A" ATTACHED HERETO
AND MADE A PART HEREOF.
AUSTIN TITLE COMPANY
0,
Countersigned By:
Authorized u sign ure
Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule B
Schedule A And Cover Page Are Attached
04/17/2001 TUE 09: 56 FAX BROWN MCCA.RROLL SHEETS & X002-004
EXHIBIT A_Pa;e 1 of 3 Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 123
Being all that certain 0.013 of one acre (566 square feet) tract of land situated in the Jacob M.
Harrell Survey, A-284, Williamson County, Texas, being out of a calculated 1.248 acre
remainder of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S,
Slides 66 through 68 of the Williamson County Plat Records (W.C.P.R.) as conveyed to Exxon
Mobil Corporation, recorded in Document No. 2000056868 of the Official Public Records of
Williamson County, Texas (O.P,R.W.C.T.). Said 0,013 of one acre tract being more pardcularly
described by metes and bounds as follows Mth 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:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,131,134.82, Y= 10,148,944.59) set at 282.96 feet right of and perpendicular to State Highway
45 (SH 45) Baseline Station 519+05.68, being in the proposed southerly right-of-way line of SH
45, the westerly line of said Lot 1, the westerly line of said 1.248 acre tract, and being the
beginning of a curve to the right in the existing easterly right-of-way line of La Frontera
Boulevard (100 feet wide) as dedicated per the plat of La Frontera Section MB Subdivision
recorded in Cabinet S, Slides 69 through 76. W.C.P.R.;
1. THENCE, along the westerly line of said Lot 1, the westerly line of said 1.248 acre tract and
the wasting easterly right-of-way line of La Frontera Boulevard, an arc distance of 59.54 feet
along said curve to the right, with a Radius of 250.00 feet, a Delta Angle of 13°38'45", a
Chord Bearing and Distance of North 04°57'20" West, 59.40 feet to a 1/z-inch iron rod with
TxDOT aluminum cap set for the most i-esterly northwest corner of said 1.248 acre tract;
THENCE, along the northerly line of said 1.248 acre tract, the following two courses:
2. North 22°28'29" East, a distance of 29.33 feet to a 1/2-inch iron rod with TxDOT
aluminum cap set for an angle point;
3. North 77°36'07" East, a distance of 5.58 feet to a 1/2-inch iron rod with TxDOT aluminum
cap set in the proposed southerly right of way line of SH 45 at 200.00 feet right of and
perpendicular to SH 45 Baseline Station 519+35.73;
THENCE, along the proposed southerly right-of-way line of SH 45, the following two courses:
4. South 22°34'00" West, a distance of 12.67 feet to a TxDOT brass disk in concrete set for .
an angle point;
1'\417658\MbR°s\PARCELI2-).doc
EXHIBIT A- Page 2 of 3 Pages
5. South 05°01'53" West, a distance of 76.07 feet to the POINT OF BEGLNNT ING and
containing a computed area of 0.013 of one acre (566 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 Twiner Collie and Braden, Inc.
OF
IT RFE+q
_ Ja e Ol ZS-o /
vRegistered Professional Land Surveyor jA'�Y DEAN CANINE
Texas Registration Number 4345 •09 43,45
0 �s5f�►��o
SURVCON INC. O S u R�
5316 Highway 290, Suite 430
Austin, Texas 78735
(512) 899-8282
January 17, 2001
JA417658W&B's\PARCEL 123.doc
eURVEY
rai LE6E►rD JACOB MHARRELL SURVEY A-284
a FaJND TXDOT BRASS DISK IN CD.CRM.ETE f
❑ - SET TXDOT BRASS DISC IN CONCRETE REMAINDER OF
0 - SET 'I, IRON ROD w/TXDOT ALUM. CAP LOT 1 . BLOCK K
1 .420 ACRES
0 = FOUND 1,2' IRON ROD UNLESS OTHERWISE NOTED Lo FRONTERA
SECTION IV N
® - FOUND •1' z 4' CONCAETE MDNUWNT CABINET S. SLIDES 66-68
Q - CALCULATED POINT W•C.P.R.
L = PROPERTY LINE 0 001ROACRE RSECTION
GHT IOF WA 35/45 INVESTORS,
li • BASELINE DEDICATION 227.8382 ACRES
CABINET S DOC. ss9848753
- UTILITY POLE SLIDES 66-68 O.R. w. C.T.
W.C.P.R. N771%97'E
m R2229' 9�E STA. 519-+-35.73
• PROPOSED
tD R.O.W. S.H. 45
f i S22.34'00'W
a -Q' 12.67'
J--ov) STA. 519+20.47 15 P.U.E.
=W••••W . O
CABINET S.
oo�-Clm SLIDES 66-68
m...cj-
Lu_JO
.n v) EXXON MOBIL CORPORATION
123 DOC= 2000056868
O.P.R.N•C.T.
OtzW R=250.00'
L`- bz e=13.38'45 o LOT 1 . BLOCK K � V PROPOSED
a ¢m C�104.57'20'11 �, LA FRONTERA ! S.H. 45
J acai 59'40 ti SECTION IV k
CABINET S. SLIDES 66-•68�
W.C.P.R. 3
• 2
P.0.8. PARCEL 123
PROPOSED •} P.O.B
X .131.134.82 R.O.N. S.N. 45 F' P.A23L
7-1-0.148.944.59
STA. 519+05.68
NOTES: WHOLE PROPERTY
1. BEi►R NGS AJD COI7mINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. I NSE T
'lrjj-jENT•RA,,ZONE AND ADJUSTED TO SURFACE USSINa CA SURFACE ADJJgUSTMENgT NOT TO SCALE
2• THIS SURVEY
;AWT£ OTfb1EN�UDE EiSEwEwT3-NuEiD1[MiOR►AiATQOw+rIPERTr FT
N�T40 THESE
INFORMATIO�TNE�SURYYEETOR AS NOT�ABS"TRACTED THESESTTRRACCNT�SPueLIC RECORD ACREAGE
3. THE BASELINE SHOWN HEREONttS R A DESIGN SCHEMATIC FILE PROVIDED SUMMARY
BY TURNER. COLLIE AND BRADEN. INC. (SO-FT. )
1. D.E. INDICATES DRAINAGE EAsEtE)rT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT WHOLE 1.248
PROPERTY (54.363)
6. T.C.E. INDICATES TEWORARY CONSTRUCTION EASEMENT
T. O.R.IR.C.T, INDICATES OFFICIAL RECCRDS OF WILLIAMSON COUNTY TEX&S AREA 0.013
B. tR.C.P.R, INDICATES ><1LLIAMSON Ca1.MTT PLAT RECORDS ACQUIRED (S66)
A. x.C.O.R. INDICATES 1f I LL IAMSON COUNTY DEED RECORDS REMAINDER
10. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS LEFT
11. T.C.P.R. INDICATES TRAvIS COLPM PLAT RECORDS S.H.45 REMAINDER 1 .326
12. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS PARCHE P AT RICHT (57.761 )
FOR PARCEL 123
13. 0-P.R.W.C.T. INDICATES OFFICIAL PUBLIC RECORDS OF WILLIAIISON COUNTY. TEXAS COUNTY; •tLLIAASON
GRANTOR:EXXON MOSIL CORPORATION
RECORDERS MEMORANDUM CF SURVCON INC.
P� t T�'��� PROFESSIONAL SURVEYORS
All or puts of t�Ie test on this page was not .� �,G ER4.•.q
clearly legible for satisfactory recon4tion. 5316 HYR. 290 TEXAEST-S
SUITE 460
,�_�'.�.,.:.... AUSTIN. TEXAS 78701
JAY DEAN CANINE ',fjELEPHONE (512) 899-8282. FAX (512) 899-9390
d EMAIL: oustlnesurwccn.ci
5 -O ISCALE: 1' - 30' JOB m 417-658
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�2S0 �y DATE= JAN 2001 F.B. _: SH 45
JAY DEA INE
C ED PROFESSIONAL LAND SURVEYOR J II t1'y-'G=� DRAWN BYi DT : P
TEXAS REGISTRATION NO. 4345 ` ;?� CAD FILE: or1Z3.DGN
CHECKED BY: LYS
LAWYERS TITLE INSURANCE CORPORATION
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OWNER POLICY OF
TITLE INSURANCE
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CASE NUMBER DATE OF POLICY NUMBER
POLICY
2001 RR 219160-D (215) /khs 9/27/2001 0219160
SCHEDULE B
This policy does not insure against loss or damage (and the Com any will
not pay costs, attorneys fees or expenses] that arise by reason of vhe 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) :
DOCUMENT0 002334292 DOC6AENTF#2000056868DSbOCUM NTN#200005686967hOCUM NT
NT
T001027717, OFFICIAL PUBLIC RECOkDS, 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, corporations, government or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or
b. ?erennial rivers and streams lakes, bays, gulfs or oceans, or
o lands beyond the line of the harbor or bulkhead lines as established
or changed by any government, or
C. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low 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 prioryears because of an exemption
granted to a previous owner of the property under Section 11.13, TEXAS TAX
CODE, or because of improvements noassessed for a previous tax year.
6. The followinmatters and all terms of the documents creating or offering
evidence of he matters (We must insert matters or delete this exception. ) :
RIGHTS OF TENANTS IN POSSESSION AS TENANTS ONLY UNDER ANY AND ALL
UNRECORDED LEASE AND/OR RENTAL AGREEMENTS INCLUDING BUT NOT LIMITED TO,
LEASERECORDED AS
OCUMENTE#9848753AAND EDOCUMENT #9848755, OFFICIALUMENTS RECORDS, WILLLIIAMSON
COUNTY, TEXAS.
7. THIS PROPERTY IS LOCATED WITHIN BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
DISTRICT #1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A
DISTRICT.
( 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
CONDITIONS AND STIPULATIONS-CONTINUED
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the 12. PAYMENT OF LOSS.
Insured Claimant. (a) No payment shall be made without producing this policy for endorsement of
(i) to pay or otherwise settle with other parties for or in the name of an the payment unless the policy has been lost or destroyed,in which case proof of loss or
insured claimant any claim insured against under this policy, together with any costs, destruction shall be furnished to the satisfaction of the Company.
attorneys'fees and expenses incurred by the insured claimant, which were authorized (b) When liability and the extent of loss or damage has been definitely fixed in
by the Company up to the time of payment and which the Company is obligated to pay; accordance with these Conditions and Stipulations,the loss or damage shall be payable
or within 30 days thereafter.
(ii) to pay or otherwise settle with the insured claimant the loss or damage 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
provided for under this policy, together with any costs, attorneys' fees and expenses (a) The Company's Right of Subrogation.
incurred by the insured claimant,which were authorized by the Company up to the time
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 14. ARBITRATION.
loss,the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at Unless prohibited by applicable law or unless this arbitration section is deleted by
Date of Policy,or specific provision in Schedule B of this policy, either the company or the insured may
(ii) where a subsequent improvement has been made, as to any partial demand arbitration pursuant to the Title Insurance Arbitration Rules or the American
loss,the Company shall only pay the loss pro rata in the proportion that 120 percent of Arbitration Association Arbitrable matters may include, but are not limited to, any
the Amount of Insurance stated in Schedule A bears to the sum of the Amount of controversy or claim between the Company and the Insured arising out of or relating to
Insurance stated in Schedule A and the amount expended for the improvement. this policy,any service of the Company in connection with its issuance or the breach of
The provisions of this paragraph shall not apply to costs, attorneys' fees and a policy provision or other obligation. All arbitrable matters when the Amount of
expenses for which the Company is liable under this policy,and shall only apply to that Insurance is S1,000,000 or less SHALL BE arbitrated at the request of either the
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Company or the Insured, unless the insured is an individual person (as distinguished
Insurance stated in Schedule A from a corporation, trust, partnership, association or other legal entity). All arbitrable
(c) The Company will pay only those costs, attorneys' fees and expenses matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated
incurred in accordance with Section 4 of these Conditions and Stipulations only when agreed to by both the Company and the Insured. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for arbitration is made or,at
8. APPORTIONMENT. the option of the insured,the Rules in effect at Date of Policy shall be binding upon the
If the land described in Schedule A consists of two or more parcels that are not parties. The award may include attorneys'fees only if the laws of the state in which the
being used as a single site, and a loss is established affecting one or more of the land is located permit a court to award attorneys'fees to a prevailing party. Judgment
parcels but not all,the loss shall be computed and settled on a pro rata basis as if the upon the award rendered by the Arbitrator(s) may be entered in any court having
amount of insurance under this policy was divided pro rata as to the value on Date of jurisdiction thereof
Policy of each separate parcel to the whole, exclusive of any improvements made The law of the situs of the land shall apply to an arbitration under the Title
subsequent to Date of Policy,unless a liability or value has otherwise been agreed upon Insurance Arbitration Rules.
as to each parcel by the Company and the insured at the time of the issuance of this A copy of the Rules may be obtained from the Company upon request.
policy and shown by an express statement or by an endorsement attached to this policy. 15. LIABILITY LIMITED TO THIS POLICY:POLICY ENTIRE CONTRACT.
9. LIMITATION OF LIABILITY. (a) This policy together with all endorsements, if any, attached hereto by the
(a) If the Company establishes the title, or removes the alleged defect, lien or Company is the entire policy and contract between the insured and the Company. In
encumbrance,or cures the lack of a right of access to or from the land,all as insured,or interpreting any provision of this policy,this policy shall be construed as a whole.
takes action in accordance with Section 3 or Section 6,in a reasonably diligent manner (b) Any claim of loss or damage, whether or not based on negligence, and
by any method, including litigation and the completion of any appeals therefrom, it shall which arises out of the status of the title to the estate or interest covered hereby
or by
have fully performed its obligations with respect to that matter and shall not be liable for any action asserting such claim,shall be restricted to this policy.
any loss or damage caused thereby (c) No amendment of or endorsement to this policy can be made except by a
(b) In the event of any litigation, including litigation by the Company or with the writing endorsed hereon or attached hereto signed by either the President, a Vice
Company's consent,the Company shall have no liability for loss or damage until there President, the Secretary, an Assistant Secretary, or validating officer or authorized
has been a final determination by a court of competent jurisdiction,and disposition of all signatory of the Company
appeals therefrom,adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for 16. SEVERABILITY.
liability voluntarily assumed by the insured in settling any claim or suit without the prior In the event any provision of the policy is held invalid or unenforceable under
written consent of the Company applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in full force and effect.
10. REDUCTION OF INSURANCE:REDUCTION OR TERMINATION OF LIABILITY. 17 NOTICES,WHERE SENT.
All payments under this policy, except payments made for costs, attorneys' fees All notices required to be given the Company and any statement in writing
and expenses,shall reduce the amount of the insurance pro tanto. required to be furnished the Company shall include the number of this policy and shall
11. LIABILITY NONCUMULATIVE. be addressed to. Consumer Affairs Department, P O. Box 27567, Richmond, Virginia
It is expressly understood that the amount of insurance under this policy shall be 23261-7567.
reduced by any amount the Company may pay under any policy insuring a mortgage to COMPLAINT NOTICE.
which exception is taken in Schedule B or to which the insured has agreed,assumed,or
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.
CONTROL NUMBER - 0 0 J_ r_b _1 8 S
B 1178-22
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A WORD OF THANKS .....
As we make your policy a part of our permanent
records,we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
TEXAS OWNER There is no recurring premium.
POLICY OF This policy provides valuable title protection and
we suggest you keep it in a safe place where it
TITLE INSURANCE will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
tktwiers itle T
Insurance o oration
7557 Rambler Road, Suite 1200
Dallas,Texas 75231
ISSUED BY TOLL FREE NUMBER: 1-800-442-7067
LaulyersTideImurance(Corporation C'n>
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153