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CM-2017-1477 - 9/22/2017REAL ESTATE CONTRACT RIuI 620 Right of Way THIS REAP, ESTATE CONTRACT ("Contract") is made by and between KAF DEVELOPMENT COMPANY, a Texas partnership, (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 ANIS 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 0.022 acre (948 square foot) parcel of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas; said parcel of land being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 4 ; and Public Utility Easement interest in and across all of that certain 0.041 acre (1,767 square foot) tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas; said tract of land being more fully described by metes and bounds in Exhibit `B", attached hereto and incorporated herein Parcel 4PUE 9 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 in Exhibit "A", or bisected by the acquisition and 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 Purchase Price 2.01. The Purchase Price for the fee simple portion of the Property described in Exhibit "A", the acquisition of any improvements on the Property, and any damage to or cost to cure of the remaining property of Seller, shall be the sum of TWENTY-FIVE THOUSAND SEVEN HUNDRED FORTY-FIVE and 00/100 Dollars ($25,745.00). 00395359DOC Ln-I-2-oi-� 1LI-7 2.02. The Purchase Price for the public utility easement interest portion of the Property described in Exhibit `B" shall be the sum of EIGHT THOUSAND EIGHT HUNDRED THIRTY- FIVE and 00/100 Dollars ($8,835.00). Payment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the Closing. Special Provisions 2.04. By execution of this Contract, Seller consents and agrees that Purchaser shall be allowed to temporarily enter the remaining property of Seller for the sole purpose of removing any bisected improvement(s) acquired or damaged by the City of Round Rock or TxDoT. 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; 2 (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 October 315`, 2017, or at such time, date, and place as Seiler 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"). 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 "A", and deliver to the City of Round Rock a duly executed and acknowledged Public Utility Easement conveying such interest to all of the Property described in Exhibit `B", both free and clear of any and all liens and restrictions, including specifically a partial release of the existing lease with Circle K. Stores, Inc. for the Property described in Exhibit "A", 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. The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached hereto. The Public Utility Easement to the City of Round Rock shall be in the form as shown in Exhibit "D" attached hereto. (2) 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 each Grantee's fee simple and/or easement interests 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". (3) 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. Prorations 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 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy 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. 0 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 Articic III 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's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of 5500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS 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 Aanly 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 hereunder are performable in Williamson County, Texas. Parties Bound 8.03. 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 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. "rime is of the essence in this Contract. 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. Compliance 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 furnished 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 dale is indicated beneath the Mayor's or City Manager's signature below. 2 Counterparts 8.1 1 This Contract nla) Ile executed in an\ lll(lllber 01 CoUlltCrparts. \\'hich Ilia) togelhel- constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. SELLER: KAF DI-VEL01-IN41:N 1' COMPANY. a Texas partnership Bv. Ford Smith. Jr. Managing Partner Date: 9.14.17 PURCHASER: CITY OF ROUND POCK, TEXAS Its: Date: 21) 7 Address: CD 1z_ Address: 221 Cast Main St. Round Rock. Texas 78664 EXHIBIT A County: Williamson Highway: R. M. 620 Limits: Deepwood Dr. to IH 35 CSJ: 0683-01-092 PROPERTY DESCRIPTION FOR PARCEL 4 Reissued 12/04/15 Page 1 of 4 DESCRIPTION OF A 0.022 ACRE (948 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF DEEPWOOD CENTER SECTION ONE SUBDIVISION RECORDED IN CABINET J, SLIDE 123 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO KAF DEVELOPMENT COMPANY BY INSTRUMENT RECORDED IN VOLUME 1686, PAGE 133 OF THE OFFICIAL RECORDS OF WILLIMSON COUNTY, TEXAS, SAID 0.022 ACRE (948 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a '/2" iron rod found, 239.36 feet right of proposed Ranch to Market (R.M.) 620 baseline station 467+45.58, being an angle point in the northerly boundary line of Lot 4 of the Deepwood Center Section Two subdivision, recorded in Cabinet L, Slide 247-248 of the Plat Records of Williamson County, Texas, and conveyed to Shurguard Texas Limited Partnership by instrument recorded in Document No. 9712877 of the Official Public Records of Williamson County, Texas, same being the southwest corner of said Lot 1; THENCE, with the common boundary line of said Lot 1 and Lot 4, N 13027'58" E for a distance of 169.39 feet to a'/2' iron rod with TxDOT aluminum cap set, 70.00 feet right of proposed R.M 620 baseline station 467+48.78, in the proposed southerly right-of-way (ROW) line of R.M. 620 (ROW width varies), being the southwesterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE departing said proposed ROW line, continuing with the common boundary line of said Lot 1 and Lot 4, N 13027'58" E at a distance of 10.60 feet pass a PK nail found and continuing for a total distance of 10.88 feet to a calculated point in the existing southerly ROW line of R.M. 620 (ROW width varies), same being the northwesterly corner of said Lot 1, for the northwesterly corner of the herein described parcel; THENCE, departing the northerly boundary line of said Lot 4, with said existing ROW line, same being the northerly boundary line of said Lot 1, the following two (2) courses: 2) S 76°33'40" E for a distance of 85.77 feet to a calculated angle point, being an angle point in said northerly boundary line of Lot 1, for the northeasterly corner of the herein described parcel and from which a''/Z" iron rod found bears S 75021'58" W at a distance of 0.84 feet, also from which a % iron rod found with plastic cap bears S 87°00'51" W at a distance of 0.83 feet, 3) S 49°43'17" E for a distance of 19.88 feet to a '/z' iron rod with TxDOT aluminum cap set (to be replaced with a TxDOT Type II monument), 70.00 feet right of proposed R.M 620 baseline station 468+52.31, in the proposed southerly ROW line of R.M. 620, for the southeasterly corner of the herein described parcel; Parcel 4 Reissued 12/04/15 Page 2 of 4 4) THENCE, departing said existing southerly ROW line, with said proposed ROW line, through the interior of said Lot 1, N 77°36'53" W for a distance of 103.53 feet to the POINT OF BEGINNING, and containing 0.022 acres (948 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 Registered Professional Land Surveyor No. 4933 �. Licensed State Land Surveyor Inland Geodetics, LLCM •�� . iF Firm Registration No: 100591-00 `PGi s rE9•. 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 � •M. STEPiiEN 7F? ' SDAlE ��� 4933 - �•: ass,° �suavzel EXHIBIT' A. PLAT TO ACCOMPANY PARCEL DESCRIPTION Re 1 ssued 12/04/15 PAGE 3 OF 4 R• M• 620 EXISTING R. 0. w. N P. 0. B. _ N 1 3° 27' 58 E PARCEL 4 -� 0.28' STA. 46748.78 70.00' RT 4 ��ROPOSED R, A1, 620 PROPOS R w 467'00 S77-36.5�BASELINE�� LOT 4 D 25 50 E 735,23• LOT I R, M. 620 468 -OD iR'D'W WIDTH VARIES) DETAIL "A' I" = 50' N. T. S. . p. EX15TING 1jp1L 0 �-_ R. o. w. N76�33.40')y Eo 5D. 17• S� PROPOSED R. 0. w, O 40"E 85. S�� _.I 1S74' 05' 00"E 85, 0 77 <2 70A. 46FT52.31 T _ P. 0. B. N77° 36' 53". 103. 53, o I — PARCEL 4 PREASEMEW 70.00'OSED 15' STA. FIT .78 �s- 4 0.022 AC. is 0 948 50. FT. FkisTh pp J �c r7 0 ,� wlo KAF DEVELOPMENT COMPANY ailVOL. 1686, PG. 133 u, 0. R.W. C. T. N u7 MI N DEEPWOOD CENTER LOT I SECTION ONE (0.666 AC.) z CAB. J, SL. 123 LOT 4 P. R. W. C. T. s (3.395 AC.) P. 0. R. R. M. 620 ` PARCEL 4 \ STA. 46745.58 239.36' RT S871 00' 51 ' W 0.83' \ SHURGUARD TEXAS LIMITED EXISTING PARTNERSHIP DOC. NO. 9712877 0. R. W. C. T. DEEPWOOD CENTER S75° 2 1 ' 58' W SECTION TWO 0.84' CAB. L, SL. 247-248 O P. R. 1'1. C. T. 4 �`---` NUMBERDIRECTION DISTANCE DETAIL ,B' LI N 1 3° 27' 58"E 10. 88' N. T. S. L2 S49° 43' 1 7"E 19.88' +IlL PARCEL PLAT SHOWING PROPERTY OF. I N LAN Du GEODETICS , KAF DEVELOPMENT®Texas Department olTransporfatlon PROFESSIONAL LAND SURVEYORS COMPANY 1504 CHIS D ROCK, TRAIL RD. STE. 103 PARCEL 4 ROUND ROCK, TX. 78681 SCALE CSJ � PROJECT COUNTY FH. (512) 238-1200, FAX (512) 238-1251 I = 50' 0683-0 I -092 RM 620 W I LL I AMSON V T TO ACCOMPANY PARCEL LEGEND Reissued 12/04/15' PAGE 4 OF 4 ■ TXDOT TYPE I CONCRETE MONUMENT FOUND 'z PROPERTY LINE `�F•., ❑ I/2° IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A/ SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND ,• :N M�STEPHEiJTRU�S TO BE REPLACED BY TYPE II MONUMENT SUPERVISION. LINE BREAK E] TXDOT TYPE II CONCRETE MONUMENT FOUND N P.O.B. LAND HOOK POINT OF BEGINNING �� � ., E $ $ 1 •UR •...\j ��• 0 1/2" IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 O 1/2 " IRON ROD FOUND W/PLAST I C CAP N. T. S. NOT TO SCALE 948 FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 CALC/DEED AREA 0.666 D. R. W. C. T. DEED RECORDS REMAINDER AREA 0.644 O COTTON GIN SPINDLE FOUND PARCEL PLAT SHOWING PROPERTY OFA. WILLIAMSON COUNTY, TEXAS E) PK NAIL FOUND O.R.W.C.T. OFFICIAL RECORDS X X CUT FOUND WILLIAMSON COUNTY, TEXAS 1504CHISDROCK,TRAIL X.786TE.103 ROUND ROCK, TX. 78681 60/D NAIL FOUND O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS 1 " = 50' 0683-01-092 RM 620 WILLIAMSON WILLIAMSON COUNTY, TEXAS CALCULATED POINT P.R.W. C.T. PLAT RECORDS O %2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "TXDOT" SET (UNLESS NOTED OTHERWISE) (L CENTER LINE I) All bearings shown hereon are basedon grid bearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined surface adjustment factor of 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1014, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 16, 2014, ISSUE DATE JANUARY 24, 2014. 1. RESTRICTIVE COVENANTS: CABINET J, SLIDES 123, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. IOC. A PUBLIC UTILITY EASEMENT 20 FEET IN WIDTH ALONG THE NORTH, NORTHEAST PROPERTY LINES OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES, AS SHOWN PER THE RECORDED PLAT THEREOF, AFFECTS AS SHOWN. D. A 25 FOOT PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AS REFERENCED IN VOLUME 1686, PAGE 133, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. E. =MUTUAL AGREEMENT EASEMENT BY AND BETWEEN FRANKLIN SAVINGS ASSOCIATION AND KF DEVELOPMENT COMPANY IN VOLUME 1686, PAGE 161, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS, AFFECTS AS SHOWN. F. INGRESS, EGRESS AND REGRESS EASEMENT RETAINED BY JAY B. BIRDWELL, IN VOLUME 2533, PAGE 748, AND CORRECTED BY VOLUME 2587, PAGE 340 THE THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. G. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN MEMORANDUM OF LEASE AGREEMENT IN DOCUMENT 2012035023 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, BY AND BETWEEN KAF DEVELOPMENT CO. AND CIRCLE K STORES, INC., SUBJECT TO. ,.OF r I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT�.LP.•'G157F•�+ TO THE `�F•., BEST OF MY KNOWLEDGE AND BELIEF AND THAT C7�'P y G THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A/ SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND ,• :N M�STEPHEiJTRU�S SUPERVISION. . ............DAiE • .� i......DALE, 4933 Q, %/ � rf/'�1////moo/ � � /1f/ / wS i �� � ., E $ $ 1 •UR •...\j ��• M. STEPHEN TRU SDALE DATE= REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SOUR E FEET LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC A CQUISITION 0.022 948 FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 CALC/DEED AREA 0.666 29,011 ROUND ROCK, TX 78681 REMAINDER AREA 0.644 28,063 PARCEL PLAT SHOWING PROPERTY OFA. I N LAN D u G EO D ETI C S KAF DEVELOPMENTTexas Department of 71-ansportatlon COMPANY PROFESSIONAL LAND SURVEYORS 1504CHISDROCK,TRAIL X.786TE.103 ROUND ROCK, TX. 78681 COUNTY SCALE CSJ PROJECT PARCEL 4 PH. (512) 238-1200, FAX (512) 238-1251 1 " = 50' 0683-01-092 RM 620 WILLIAMSON County: Williamson Parcel : 4-E Highway: R. M. 620 EXHIBIT B PROPERTY DESCRIPTION FOR PARCEL 4-E Page 1 of 4 DESCRIPTION OF A 0.041 ACRE (1,767 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF DEEPWOOD CENTER SECTION ONE SUBDIVISION RECORDED IN CABINET J, SLIDE 123 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO KAF DEVELOPMENT COMPANY BY INSTRUMENT RECORDED IN VOLUME 1686, PAGE 133 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.041 ACRE (1,767 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %" iron rod with TxDOT aluminum cap set, 70.00 feet right of proposed R.M. 620 baseline station 467+48.78, in the proposed southerly right-of-way (ROW) line of R.M. 620 (ROW width varies), being the common boundary line of Lot 4 of the Deepwood Center Section Two subdivision, recorded in Cabinet L, Slides 247-248 of the Plat Records of Williamson County, Texas, and said Lot 1, for the POINT OF BEGINNING of the herein described tract; 1) THENCE departing said common boundary line, with said proposed ROW line, through the interior of said Lot 1, S 77036'53" E for a distance of 103.53 feet to a '/Z" iron rod with TxDOT aluminum cap set (to be replaced with a TxDOT Type II monument), 70.00 feet right of proposed R.M. 620 baseline station 468+52.31, being the southerly existing ROW line of RM 620 (ROW width varies), same being the northerly boundary line of said Lot 1, for the most northeasterly corner of the herein described tract; 2) THENCE with the southerly existing ROW line of RM 620, same being the northerly boundary line of said Lot 1, S 49°43'17" E for a distance of 32.06 feet to a calculated point, for the southeasterly corner of the herein described tract; 3) THENCE departing said existing southerly ROW line of RM 620, through the interior of said Lot 1, N 77°36'53" W for a distance of 132.15 feet to a calculated point, being said common boundary line of Lot 4 and Lot 1, for the southwesterly corner of the herein described tract; Parcel 4-E Page 2 of 4 4) THENCE with said common boundary line, N 13°27'58" E for a distance of 15.00 feet to the POINT OF BEGINNING. and containing 0.041 acres (1,767 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. ✓mit. G�x.�e M. Stephen Truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 11OF1 r HH11:91111111J M. STEPHEN TRUESO 1111 H 1 H1H•11111H 111Hi 9 4933 ,� S U �k�„j I LXHIbII PLAT TO ACCOMPANY PA 03/27/ 4 PAGE 3 OF 4 ' "' hL PARCEL PLAT SHOWING PROPERTY OF N L A N D u Texas Deportment of TronsFortailon GEODETICS KAF DEVELOPMENT ©top, PROFESSIONAL LAND SURVEYORS COMPANY 1504 CHIS TRAIL RD. STE. 103 PARCEL 4 E ROUNDD ROCK, ROCK, Tx. 78681 SCALE PROJECT COUNTY PH. (512) 238-1200, FAX (51 z) 23e-tzsl 1 = 50! RM 620 WI LL I AMSON M. 620 ExISTINc R. D. w. N P.O. B. _ N13' 27' 58"E PARCEL 4-E —' 0.28' STA. 467-48.78 70.00' RT PROPOSED I PROPOSED R. M. BASELINES— R 467.00 LOT 4 IT 0 25 50 M 6 4-E 468.00 J Iyl07H y RO SI DETAIL "A' = 50' N. T. S. EXISTING R N16^ o. W. 33' 40 ' W OST 50. 17' SEE PROPOSE,) R. o. W. �1 O (S74- 05'00"E 85.00') SSE J $ 77e 36' : A. 46RT52. 31 70 53'E 103.53' 2 i O �3 N77 36 53°W 132. I'SI IS'� ` 9%=� PROPOSED 15' EASEMENT P. 0. B. v- PARCEL 4-E 4-E 2�+ ^ STA. 467.48.78 70.00' RT 0.041 AC. is F I I o 1,767 SO. FT. t/ 2 00 O; 0 `_°13 KAF DEVELOPMENT I COMPANY co VOL. 1686, PG. 133 Ln v, 0. R. W. C. T. Iin ILn _ N DEEPWOOD CENTER LOT I SECTION ONE zl CAB. J, SL. 123 (0.666 AC.) LOT 4 P. R. W. C. T. I(3.595 AC.) ! ! ! I! R. M. 620 I \ S87' 00' 5 1 "W I 0.83' EXISTING \ DEEPWOOD CENTER I SECTION TWO S75' 21 ' 58 "W R o CAB. L, SL. 247-248 .y. I P. R. W. C. T, 0.84' 4-E _ � J NUMBER DIRECTION DISTANCE LI N13° 27' 58"E 10.88' DETAIL "B' N. T. S. L2 N49° 43' 1 7 "W 19.88, L3 S49° 43' 1 7"E 32.06' L4 i N13 -27'58"E 15.00' hL PARCEL PLAT SHOWING PROPERTY OF N L A N D u Texas Deportment of TronsFortailon GEODETICS KAF DEVELOPMENT ©top, PROFESSIONAL LAND SURVEYORS COMPANY 1504 CHIS TRAIL RD. STE. 103 PARCEL 4 E ROUNDD ROCK, ROCK, Tx. 78681 SCALE PROJECT COUNTY PH. (512) 238-1200, FAX (51 z) 23e-tzsl 1 = 50! RM 620 WI LL I AMSON !o LEGEND ral 03/27/14 PAGE 4 OF 4 ■ TXDOT TYPE I CONCRETE MONUMENT FOUND R PROPERTY LINE ap /2" IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION TO BE REPLACED BY TYPE 11 MONUMENT LINE BREAK p TXDOT TYPE II CONCRETE MONUMENT FOUND IV LAND HOOKP,O.B. POINT OF BEGINNING 0 /2" IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE O I/2" IRON ROD FOUND W/PLASTIC CAP N.T.S. NOT TO SCALE D. R.W. C. T. DEED RECORDS © COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS ® PK NAIL FOUND O.R.W.C.T. OFFICIAL RECORDS X X CUT FOUND WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS A CALCULATED POINT P.R.W.C.T. PLAT RECORDS 0 /2" IRON ROD W1 ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "TXDOT" SET (UNLESS NOTED OTHERWISE) rL CENTER LINE Il All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined surface adjustment factor of 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1014, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 16, 2014, ISSUE DATE JANUARY 24, 2014. I. RESTRICTIVE COVENANTS: CABINET J. SLIDES 123, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SUBJECT TO. IOC. A PUBLIC UTILITY EASEMENT 20 FEET IN WIDTH ALONG THE NORTH, NORTHEAST PROPERTY LINES OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES. AS SHOWN PER THE RECORDED PLAT THEREOF, AFFECTS AS SHOWN. D. A 25 FOOT PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AS REFERENCED IN VOLUME 1686. PAGE 133, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT AS SHOWN. E. MUTUAL AGREEMENT EASEMENT BY AND BETWEEN FRANKLIN SAVINGS ASSOCIATION AND KF DEVELOPMENT COMPANY IN VOLUME 1686, PAGE 161, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS, AFFECTS AS SHOWN. F. INGRESS, EGRESS AND REGRESS EASEMENT RETAINED BY JAY B. BIRDWELL, IN VOLUME 2533, PAGE 748, AND CORRECTED BY VOLUME 2587, PAGE 340 THE THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. G. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN MEMORANDUM OF LEASE AGREEMENT IN DOCUMENT 2012035023 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, BY AND BETWEEN KAF DEVELOPMENT CO. AND CIRCLE K STORES, INC., SUBJECT TO. 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 BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND rA. F SUPERVISION. '•LERUESDALE.........•.. M. STEPHEN TR6ESDALE It DATE] ;q 4933 r; Q t REGISTERED PROFESSIONAL LAPID SURVEYOR NO. 4933 '>7 •'•Oa' Off •' 0 LICENSED STATE LAND SURVEYOR yObyESS�••.�.� INLAND GEODET I CS, LLC S'(�A�i FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 PARCEL PLAT SHOWING PROPERTY OF N L A N D u Texas Department of Transportation GEODE7ICS KAF DEVELOPMENT © 2.03 PROFESSIONAL LAND SURVEYORS COMPANY 1504CHISDROCK,TRAIL X.786TE.103 SCALE PROJECT PARCEL 4—E ROUND ROCK, TX. 78681 COUNTY �I T Y ri PH. (512) 238-1200, FAX 1512) 238-1251 1 " = 50 ' RM 620 W I L L I AMSON EXHIBIT "C" Notice 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 in the public records: your Social Security Number or your Driver's License Number. T�aaa of ho�ran Form ROW -N-14 (Rev. 07/13) Page 1 of 3 DEED RM 620 Right of Way TxDOT ROW CSJ: 0683-01-092 TxDOT Parcel No.: 4 Grantor(s), whether one or more: KAF DEVELOPMENT COMPANY, a Texas partnership Grantor's Mailing Address (including county): P.O. Box 6156 Austin, Texas 78762-6156 Travis County Grantee: THE STATE OF TEXAS, acting by and through the Texas Transportation Commission Grantee's Authority: 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 be 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. Grantee's Mailing Address (including county): Texas Department of Transportation Attn: Right of Way Administrator 7901 N. IH 35 Austin, Texas 78761 Consideration: The sum of Twenty -Five Thousand Seven Hundred Forty -Five and no:` 100 Dollars ($25,745.00) 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. The consideration * M4* Form ROW -N-14 (Rev. 07/13) Page 2 of 3 recited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal ED proceedings and the added expenses of litigation. 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: 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. 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 Access on and off Grantor's remaining property to and from the State highway facility shall be pennitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A". Grantor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning, platting or permitting requirements. 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 rights 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. EXECUTED on the date(s) of acknowledgement indicated below. Form ROW -N-14 (Rev. 07/13) Page 3 of 3 GRANTOR: KAF DEVELOPMENT COMPANY, a Texas partnership By: Ford Smith, Jr. Managing Partner Acknowledgement State of Texas County of This instrument was acknowledged before me on by Ford Smith, Jr., in the capacity and for the purposes and consideration recited herein. Notary Public—State of Texas EXHIBIT 111)" PUBLIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That KAF DEVELOPMENT COMPANY, a Texas partnership, and its successors and assigns, ("Grantor"), for and in consideration of the sum of Ten and No"] 00 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual public utility easement and right-of-way in, upon, over, under, above and across the following described property (the "Property"), to -wit: All of that certain 0.041 acre (1,767 SF) parcel of land situated in the J.M. Harrell Survey, Abstract No. 284; and being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (Parcel 4PUE). The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: electric transmission and distribution lines, telecommunication and cable television lines, water lines, natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and related equipment, stormwater lines, drainage systems and structures, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage pipes and all other subsurface drainage structures, and any necessary accessories, or operations. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual, provided however that said easement, rights, and privileges shall cease and revert to Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The perpetual easement, right-of-way, rights and privileges granted herein are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the premises covered by this grant, without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. 00385362 DOCX Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the Easement; provided, however, before constructing any improvements, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. Grantee shall have the additional right to temporarily enter upon the remaining property of Grantor if necessary for removing portions of any improvements which are bisected by the acquisition of the Property or otherwise acquired or damaged by Grantee, and for cutting any additional bisected or damaged improvements which are retained by Grantor at the line of bisection or as closely as possible thereto in order to maintain the structural integrity of the remaining improvement, and for no other purpose. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and singular all usual and customary rights thereto in anywise belonging, and together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing or maintaining said utilities and for making connections therewith, and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of 17 2017. GRANTOR: KAF DEVELOPMENT COMPANY, a Texas partnership By: Ford Smith, Jr. Managing Partner ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the - day of the month of , 2017, by Ford Smith, Jr., in the capacity and for the purposes and consideration therein expressed. Signature Printed Name Notary Public, State of Texas 00385362 DOCX %*-- -- City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Real Estate Contract with KAF Development Company for the purchase of a 0.022 acre parcel of land and a 0.041 PUE necessary for the RM 620 Right of Way Project (Parcels 4 and 4PUE). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/22/2017 Dept Director: Steve Sheets Cost: $34,580.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: 00385863.PDF, 00386017.PDF Department: Legal Department Text of Legislative File CM -2017-1477 Consider executing a Real Estate Contract with KAF Development Company for the purchase of a 0.022 acre parcel of land and a 0.041 PUE necessary for the RM 620 Right of Way Project (Parcels 4 and 4PUE). The contract purchase price is equal to the appraised value for the required property interests. The right of way parcel cost is 90% reimbursable by TxDoT. The City is responsible for 100% of the public utility easement cost. Cost: $34,580.00 Source of Funds: RR Transportation and Economic Development Corporation City of Round Rock Page 1 Printed on 912112017