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CM-2017-1463 - 8/18/2017REAL ESTATE CONTRACT RM 620 Right of Way—Parcel 15 THIS REAL ESTATE CONTRACT ("Contract") is made by and between KYLE RAY RANNE, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, 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, the tract(s) of land described as follows: All of that certain 0.009 acre (383 square foot) tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 15); 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"), and any improvements and fixtures situated on and attached to the Property described herein not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Piirrhace Price 2.01. The Purchase Price for Property, the acquisition of any improvements upon the Property, and any damage or cost of cure for the remaining property of Seller as a result of this conveyance along the right of way to be purchased, shall be the sum of TWELVE THOUSAND TWO HUNDRED SIXTY-FOUR and 00:`100 Dollars ($12,264.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. el"- 2 00383031 DOC 07/20/17 14:42:39 (92S) GS9-0192 -> AT&TMAR Page 004 ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions 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). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; TTrIVA r M -UP 6 PORT)09 PUTAINC-6 W—) 5Wl.4-A 04ATak W19 SAW (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 4.02. The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Capital Title Company on or before July 31" 2017, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the Contract (which date is herein referred to as the "Closing Date"). 2 07/20/17 14:43:27 (925) 659-0192 -> AT&T/USAA Page 005 Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the State of Texas a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit 'W', flee and clear of any and all liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) The Deed to the State of Texas shall be in the form as shown in Exhibit `B" attached hereto. (3) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's fee simple interest in and to the Property subject only to those title exceptions listed herein, 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, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. i 07/20/17 14;44:09 (925) 659-0192 -> Prorations AT&T/USAA Page 006 5.04. General real estate taxes for the then current year relating to the Property acquired in fee simple 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. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shallbe bore and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively as incurred. ARTICLE VI 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, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. ARTICLE VII 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 Til having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, 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'so r10Nr inedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser. 56a MA J vgr" 5nec)t:1c NPWkMa, & e = IN415 6WIAKs. 4 87/28/17 14:45:95 (925) ti59-8192 -> AT&TMAR Page 897 ARTICLE VIII AUSCELLANEOUS Notice 8.01. 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 Aunly 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created herewider are performable in Williamson County, Texas. Parties Bound 8.03. This Contract steal l 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 8,04. 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 8.05. 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 8.06. Time is of the essence in this Contract. 07/20/17 1445:47 (9Z5) 659-019Z -> RUVUMA Page 000 Gender 8.07. 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 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. CgMLhance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be funrished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. Counterparts 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. (signature page follows) 87/28/17 14:52:48 (925) 659-8192 --> AT&T/USAA Page 915 SELLER: J« /2u, KyleRayRa&e Date: 4--19 /7 PURCHASER: CITY OF ROUND ROCK, TEXAS Date: d . I U I -7 7 Address: 1/7-?- AIV 441 U, 4 51-- &Cgy y.�-r 't -%k ?8&44- CA404Vu. 60OWTV Address: 221 East Main St. Round Rock, Texas 78664 07/20/17 14:46:24 (925) 659-019Z _> AT&T/USAA Pd90 009 County: WIfliarnson Highway: R.. M" 626 LIMIts: Deepwood-M4 to 1H,36 CSJ*,r 0.68341402 PROPERTY DESCRIPTION POR PARCE1 15 - Rblism6d, 12104/15 Pagel &A DESCRIPTION' OF A V'0_MA0RE (983, SQUARE FOOT) PARCIEL'OF LAW SITUATED 'I*N THE J.M. HARRELL SURVEY; ABSTRAC-T'.N0z..2&4,._1N WILLIAM80N COUNTY; TEXAS; BEING APORTION 017 5 LOT 22 OF THE LITTLE OAK. -ADDITION -SUBDIVISION..REC-014050:1N i�-MINET A; SLIDES- -3-6 .- 352 OF -THE PLAT RECORDS OF WILLI-AM90N -8017NTY TEXAS AN11 O*ONVL-yF5D TO KYLE RAY RANNE,. BY INSTRUMENT RECORDED- IN DOCUMENTIN0, 90090-62 0r.71418- OFFICIAL- I RECORDS E)S OF WILLIAMSON COUNTY,: TEXAS, .SAID 0.009 ACRE. (388 SOME FOOT) PAROELT LA-- - . ND BEING.MORE PARTICULARLY DESCRIBED BY -METE 8.. -AW -80008 AS'FOLLOW8: BEGINNING:: FOR REFERENCE, at -a%- ltd)l rod f6iffia, 6`1 - 6.'fhemsbathwesterly -corner ofloi .23 of said e n 60 " dlVI§[6h and r,` S'JdVbh'W,. 'Ribdd6b:;�hd-"LiKda-.Jr'Redden-.by Instrument: recorded 11h,"Volul-ne 2022.,- P64e. 48 6f'the Offibla'I RdddiMb df'WiII16ffisohzC'6bniy, Tkas, be!6g:*the- existing:northefly flghi-of-, WAY (ROW) lihe of --Glenwood St;00"-R0_W_W!d.thy, same b'eing>-the'..'-southeasterly ,corner--of--.sdld Lof:2­2j 216..07-fe6VrIbht.df 0 THENCE,tlepartiiig;said nortfierly:ROW Ifrie Of GloWbod St., with t4d W6s't6rly boundary line of s6ldl6t IY-'[)-­'o dhd6lY Ift 6f saldW.22, N'07`3.8!05"W tbr-a didtance pfA'07-.96-feef.Ao,_a Y.2' it0h rod With TXDOT,a_IUrffifiu­'ln se cap " "',, T1 t 11.05 'feet: -i- right:df pf6jYosedfCM. 620 'baseline station 484+19;00, b6ifig in -.'the 0(6pb9&d §6Uth4I_Y ROW' li46 6f R&M, VO.: (ROW. .width varies), for the, POINT 70F REGINMG,of th6 _hdt6[h d.6sdrlb6d-.: p- a—rc- 61, lift t0ou %' Iran rod with TWOT .9�*i�OIH[6tiotjjf�,.�eioLot.'2.2' N7-7�4*.2108"�W.f6t-a'-47..35,-,fg6t-.tb A10.61huffi-i sot, 104.92 fe0t fiaht.,bf WP-66d-:R.M. 620 bA§bIifi& statidh -487+70,25. being.."the ' '0 . __0p - .1tibe V'Var , , , Uth'df , IV-,bbbrldtq-y-- lihO -Of L6t 20:bf said Wbdivi�ldh alid 66hv6ybd' to Kris ren by Ias.tt.urA.6.ntT6r,bFdd&1n Dbd0rh-6ht Nij,-200'4G6'4710,i�hd-...-Jbffi6i§A..WEitt66 HYlhstrUhibniit.recorded, ArIPP"tu" rm dht,N6..2008082332 Of, ft Offibigi V61511c. Rkorftif Willidmg6h County, Tjbk6s,.. same lmlv the whbflY, 40 O(Y=_lilb dUtAid -Ldt-,221 -for thb *6s[6V-ddtn6( 6f;ffid herein described 'THENCE. d6pattlog-,saud pf"Opio ... 4"0' dUth6flyRQW lin6, With ..thb. dbffifth bdu6d *"-'.y line: of said - Lot ,:9&Ahd.L6t...gq' N..80. 6812711 E for A-dlstA6te df 44;53 udV-to the. ft(jrth.Wq9t.0tjV -006t-W said ;Lot'.23j:sw6,,b0I4g thd.Ad*ah06§t&ly c6therof saldl6l 22,- f6t;.the 07/20/17 14:47:34 (925) 659-0192 —> AT&T/USAA Page 010 Parcel 15 Reissued: 12/04/15 Page 2 of 4 3) THENCE departing the southerly t oundary line of said Lot 20, with common boundary line of said Lot 23 and sald Lot 22, S 07°38805" E, at a distance of 0.43 feet pass a '/2' Iron. rod found, and continuing for a total distance of 17.22 feet to the POINT OF BEGINNING, containing 0.009 acres (383 square feet)of land, more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No, 4203, NAD 83, THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, .do hereby certify that the above description is true, and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Reglstered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LL.0 Firrn.Reglstratlon No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 07/20/17 14:40:19 (925) 659-0192 -> p NUMBER DIRECTION DISTANCE LI N77°42'"08"W 47.35' L2 NOW 58''27"E 44.53' L-3 S07' 3$' 05 "'E 11.2.2' Fk7S�,NC k.a PROPOSED R.M. 620 BASELINE ?�� F P1 STATION 4 490+55.90 DELTA - 22' ST' 22' MT) + �o�L TANOEN7 F CURVE 568.55 47•r' !'^�� LENGTH 112).85 ' L KC RADIus 2'800.60 ��� PC- SPAT ION 484+87.35 PT STATIDN 496+09.20 X3128065.2590 X-3126633.6335' XC3129162.5381 Y -10160Q13,5144 Y=101(0927.7278 Y=10160618.1340 R. M. 6.20 tR.O.W,. '"'R VARIES) 486+Ob ~— • +--PR0PAS1:0 R, AI, 620 a 4874ab ��..ASELINE' _._—... •._....----^-- � �---,-» 4118+0� p — `T)IF. SIA'TC' {11• t"xd _rs_" F I � 051 VOL. 338, PL', 125 i• y 'D. R^ W f.. T• -N&—f`99W31 ;P:R:W;C:j: LOT 19 AT&T/USAA CS Jiro 051131-• 1 , jt6 iST1N�fk p I — f._/IY. 04064710 1 ` - AMMAes /►, -WARREN j pOC.N: �Q0723 1 5.101 OP2 LOT 20 j F4AVE • .STA. 487+I0 25 Page 011 Relssuadt 12/04/15 PAGE 3 OF 4 N 0 25 50 I,, = 50' Lb! 24 j W N STA. .498+19.koll' _ LOT Zi SES DET )L IC' IJTIIT! _ . �_-�`•c _ 71'� t 1 W 1. �Nfi.RtiE VOL, 5.11. Fartti" PG. 76 t LOT 23 PROPOSE'0 R. PER PP. i l.STj j p+O 9 AC. 383 BSO. FT. ZO" �. ^ " -P. _PARCEL, . 5 Page 011 Relssuadt 12/04/15 PAGE 3 OF 4 N 0 25 50 I,, = 50' Lb! 24 - INLANDD CEODETICS �,.1. PROFESSIONAL LAND SURVEYORS 1504.CHISHOLM TRAIL PD. STE. 103 ROUND ROCK• T5(. 78691 L PLAT SHOWfNG PROPERTY OF KYLE RAY RANNE SCALE I CSJ It I PROJECT I COUNTY DET.A I L R ®TaXas oaparla)bht o� 7FahspatiaUon PARm I r� j W N STA. .498+19.koll' 7.0 LOT Zi W J I.I..OS'' R7 � LOT 22 IW Fr? C LOT 23 L I TTLE OAK ADD I T I ON 1 4+ STEVEN. W. _,REDD, j v �a CAB'. A, SL..3Sd-352 P-. R. W. C. T. j = KYLE. RAY RANNE, . 31 ' ND L I tTQ J-. EN tN DL. " OZ2, ::� G. 0 j DQC. NQ. 9909052 :' " .46 O. R'. W. C. j 0. R.W. C, T. oo j Lh ORETC:NEN .6ECK, VOL. 197.3; PG. 452 0. R. W. C. T. EX I Sig N �-•r-':.._ _�. P.O. R. ST- PARCEL 15 Lor 20 sTA. 488445,34 GL���jppp T 150 p.W. 21:5.97' RT _ L2. .-.n tP�a • PLl•T? +. S07" 38 Oa E EXISTING R'0'Yi' r 0. 43" 15' La _ �3Y - INLANDD CEODETICS �,.1. PROFESSIONAL LAND SURVEYORS 1504.CHISHOLM TRAIL PD. STE. 103 ROUND ROCK• T5(. 78691 L PLAT SHOWfNG PROPERTY OF KYLE RAY RANNE SCALE I CSJ It I PROJECT I COUNTY DET.A I L R ®TaXas oaparla)bht o� 7FahspatiaUon PARm I r� 07/20/1714:49:35 (925) 659-0192 -> AT&T/USAA Page 812 Relssuedt 12/04/15 PAGE 4 OF 4 LEGEND R TXDOT TYPE I CONCRETE MONUMENT FOUND t PROPERTY LINE EO 1/2" IRON ROD.—SET W/ TXDOT ALUMINUM CAP ) RECORD INFORMATION TO BE REPLACED BY TYPE II MONUMENT `�`' LINE BREAK p TXDOT TYPE it CONCRETE MONUMENT FOUND ry P. 0-. LAND HOOK POINT OF BEGINNING 9 %2„ IRON ROD FOUND UNLESS NOTED -P.O.-R. POINT OF_REFERENC£ O %2" IRON ROD FOUND W/PLASTIC CAP N.T.S. NOT TO SCALE 'DEED D. R. W. C. T. RECORDS d COTTON GIN 5E' I NDLE FOUND WI•LLIAMSON COUNTY, TEXAS X X CUT FOUND 0,R,W,C.T. OFFICIAL RECORDS A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS 0: P. R. W. C. T. PUBL t C RECORDS OFFICIAL A CALCULATED POINT _ WILLIAMSON COUNTY, TEXAS 0 1/2' IRON ROD W% ALUM.I NUM CAP P. R. W. C. T. PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) k CENTER LINE 1! All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are turfdbe values based ori the T6kds Stdte Plane Coordinate -System, NAD 83, Cenfrol Zone using o Combined surface adjustment faefor-of 1.000'1I. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-141 025 ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 211 201.4, ISSUE DATE JANUARY, 29, Wit. I. RESTRICTIVE COVENANTS, CABINET A. SLIDE 250 (ACTUAL SL.14ES 3.50-352)., PLAT RECORDS 0 WILLIAMSON COUNTY, TEXAS, SUBJECT T0.- IOE. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION.LINE,EASEMENT, GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT'.FILED UNDER VOLUME 234, PACE 134, OF THE DEED RECORDS OF-WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED; F. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 299, PAGE 385, OF THE DEED RECORDS'OF WILLIAMSON COUNTY, TEXAS. FROM ITS DESCRIPTION CANNOT BE LOCATED, I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY`SHOWN HEREIN WAS DETERMINED DY A SURVEY MAGE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 11,4,t cf:✓: t�j / ./ M. STEPHEN TRUESOALE. DATE, REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933 L1.CENSED STATE LAND SURVEYOR INLAND GEODETfCS, LLC FIRM REGISTRATION NO. 100591-00, 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 11 k PARCEL PLAT SHOWING PROF INLAN D -u GEODETICS' KYLE RAY RANNE PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD, STE. 103 SCALE CSJ PROJECT ROUND ROCK, TX. 780th ACOUISITI'ON CALC%OEEO AREA REMAINDER AREA 0.009 383 0,258 (1,246 6.249 10.863 AM** ,f7ezas Department of 7Yeneportatton COUNTY I PARCFI I r, 07/20/17 14;5854 (925) 659-0192 -> AT&T/USAA Page 013 EXHIBIT "B" 1Votice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. Form ROW -N-14 (Rev. 07113) Page 1 of 3 DEED RM 620 Right of Way TxDOT ROW CSd: 0683-01-092 TxDOT Parcel No.: 15 Grantor(s), whether one or more: Kyle Ray Raime Grantor's Mailing Address (including county): s uaxor,f jOXbPeery 1006 Glenod St. 112. WtAcSNDLI/k STRe t: r Round R k, Texas 78681 LbCX 1 AP -Ti 7}t- -7-g& Q -4 - Willi on County C A k hWa u e -o u AI "1 Grantee: The State of Texas, acting by and through the Texas Transportation Commission Grantee's Mailing Address (including county): Texas Department of Transportation Attn: Right of Way Administrator 7901 N. 1H 35 Austin, Texas 78761 Travis County Grantee's Anthority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary or convenient to a state highway or turnpike project to he constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203 to acquire or request to be, acquired such other property rights deemed necessary or convenient for the purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non -controlled facilities and designated controlled access highways and turnpike projects. * N14* 87/28/17 14:51:42 (925) 659-819Z -> ATS MAR Page 814 Form ROW -N•14 (Rev. 07113) Page 2 of 3 Consideration: The sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied. Property: All of that certain tract or parcel of land in Williamson County, Texas, being more particularly described in the attached Exhibit A (the "Property"). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1. Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property but waives 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 Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Grantor is retaining title to the following improvements ("Retained Improvements") located on the Property, to wit: NONE GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the lights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. This Deed is being delivered in lieu of condemnation. EXECUTED on the date(s) of acknowledgement indicated below. (signature page follmi s) 07/20/17 14:53:00 (925) 659-0192 -} ATWUSAA Page 016 Form ROW -N-14 (Rev. 07/13) Page 3 of 3 GRANTOR lc&y � Ky_ Acknowledeement State of Texas County of &<a S This instrument was acknowledged before me on ' 1 U 1s) 1-I . U _ _ by Kyle Ray Ranee, in the capacity and for the purposes and considerationrecited Ilercin. ' STEPHARE MAR*EZ My Ccmmlftkin Fvk" Notary bli"tate of Texa .13-. 2019 After recording return to: 1T ECity of Round Rock ROUND ROCK XA'; Agenda Item Summary Agenda Number: Title: Consider executing a Real Estate Contract with Kyle Ray Ranne for the purchase of right of way necessary for the RM 620 Widening Project (Parcel 15). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/18/2017 Dept Director: Steve Sheets Cost: $12,264.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: 00383932.PDF, 00383544.PDF Department: Legal Department Text of Legislative File CM -2017-1463 Consider executing a Real Estate Contract with Kyle Ray Ranne for the purchase of right of way necessary for the RM 620 Widening Project (Parcel 15). The original appraised value for this acquisition was $2,738. After additional evaluation of the damages component the City's appraiser estimated that a revised value could be in the range of +-$19,000 if updated for a contested hearing. TxDoT approved an administrative settlement for the current contract amount $12,264, and will reimburse the City for 90% of the approved value. Cost: $12,264.00 Source of Funds: Round Rock Transportation and Economic Development Corporation City of Round Rock Page 1 Printed on 811612017