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CM-2017-1505 - 10/20/2017Sheets & Crossfield, P.C. ATTORNEYS AT LAW 309 East Main street . Round Rack. TX 78664-5246 Phone 512-255-8877 . fax 512-255-8986 don@scfflaw.com September 28, 2017 Via e-mail dfosterMwomackmcclish.com Cameo Land, Ltd. c/o Dan Foster Womack McCIish Wall & Foster, PC 1801 Lavaca, Suite 120 Austin, Texas 78701 Re: City of Round Rock—Old Settlers Right Turn Lane Improvement Project Right of Way Agreement Dear Dan: Please allow this letter to set out my understanding of the Agreement between Cameo Land, Ltd. ("Cameo') and the City of Round Rock, Texas (the "City") regarding Old Settlers Blvd. right turn lane right of way and proposed roadway improvements construction as follows: 1. In exchange for the payment of $20,684, Cameo shall transfer a 0.067 acre tract of land to City in fee simple, free and clear of any mortgage liens, by executing a Deed in the form shown in Exhibit "A" attached hereto and incorporated herein; 2. As additional compensation for the transfer of the 0.067 acre tract described herein, City shall execute a Quitclaim Deed to Cameo for the portion of Kiphen Road/CR 113 right of way adjacent to the remaining property of Cameo which in is determined by City's engineers to be excess and no longer put to public roadway use. The general location of the excess right of way is shown on Exhibit "B" attached hereto, however, the final location and size of the excess right of way to be transferred shall be determined by metes and bounds survey caused to be completed by City after full execution of this Agreement. The Quitclaim Deed to Cameo shall be in the form as shown in Exhibit "C" attached hereto. The cost of completing the excess right of way survey shall paid for by City. 00386931.DOC 'flus Iransactiotl shall close within (hil-ly (30) days tlf l- completion of the tiurvcy of the excess Kiplieli Rond/C'R 113 right of way as described above, ttl a title company to be chosen by City. Ad velonim tsixes lin• the 11.1107 acre Tract transferred to Cily shall be proraled to the date (A closing and Uollucted ill Cash by the title company lin' submission to (lie County tax office. city shall he responsible For all other costs of closing and recording of the deeds described herein. 4. Upon IuII execution ol'this Agreement, City shall be allowed to take possession of the 0.067 acre tract described herein solely for the purposes of constructing proposed turn lane and related roadway facilities as generally shown in Exhibit "1)" ntlacllcfl hereto and incorporated hercill. If this lllecls with your undcrstanding and ag,recillenl please execute this letter where indicalcd and return to ntc for consideration, approval, and processing with the County. This letter conslitutcs the complete agreement between the parties regarding Illc proposed Old Sctllcrs right turn lane and Kiphen Road excess right of way acquisition atld proposed roadway facilities ccrnstructioi design, and ally cllsinges, ICrlllinati011, 01- amendments ramendments to this tlgrecnlcnt arc only effective if made in writing by both parties. Thank you lar yuur assistance with this matter. Plcasc contact 111c at ;Illy time if you have any Other questions 01' concerns. AGREED: liy: Its: 11C r-c$r p Sincerely, Doll Childs Sheets & Crossticld, P.C. Crry OF ROUND ROCK ✓��` 4rvA:S . ?,-e -ff— EXHIBIT "A" DEED Old Settlers Blvd. Right Turn Lane THE STATE OF TEXAS § COUNTY OF WILLIAMSON § 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. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That CAMCO LAND LTD., a Texas limited partnership, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the 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 CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All of that certain 0.067 acre (2,905 square foot) tract in the George W. Glasscock Survey, Abstract No. 287, Williamson County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the property described in said Exhibit "A" to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; 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. 00386218 DOC Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of Old Settlers Blvd. TO HAVE AND TO HOLD the property herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2017. GRANTOR: CAMCO LAND, LTD., a Texas limited partnership By: -- Printed Name: Its: 2. ACKNOWLEDGMENT STATE OF COUNTY OF This instrument was acknowledged before me on this the day of , 20I7 by in the capacity and for the purposes and consideration recited therein. Notary Public, State of PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78654 GRANTEE'S MAILING ADDRESS: City of Round Rock Attn: City Manager 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 3- County: Williamson Project: Camco Land, Ltd. EXHIBIT PROPERTY DESCRIPTION Page 1 of 4 Revised: 04/24/17 DESCRIPTION OF A 0.067 ACRE (2,905 SQUARE FOOT), TRACT OF LAND SITUATED IN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO, 287, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE NORTHERLY REMAINDER OF THAT CALLED 275.214 ACRE TRACT OF LAND (TRACT 4), CONVEYED TO CAMCO LAND LTD. BY INSTRUMENT RECORDED IN VOLUME 2491, PAGE 303 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.067 ACRE (2,905 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a TxDot Type II monument found, being the intersection of the former southerly right-of-way line of C.R. 113 (Kiphen Road), and the easterly right-of-way line of F.M. 1460 (right-of-way width varies), same being northwesterly corner of said northerly remaining portion of 275.214 acre tract; THENCE, with said existing right-of-way line of F.M. 1460, same being the westerly boundary line of said northerly remaining portion of 275.214 acre tract, along a curve to the left, having a delta angle of 0201811", a radius of 2466.48 feel, an arc length of 99.14 feet, and a chord which bears S 25°11'56" W for a distance of 99.14 feet to a 518" iron rod with aluminum cap stamped "CORR-ROW" set, being an angle point; THENCE, continuing with said, existing right-of-way line of F.M. 1460, same being said westerly boundary line of the northerly remaining portion of 275.214 acre tract, S 32043'10" E for a distance of 41.91 feet to a 518" iron rod with aluminum cap stamped "CORR-ROW' set, being in the proposed north right-of-way line of Old Settlers Boulevard, for the northwesterly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing said existing right-of-way line of F.M. 1460, through the interior of said northerly remaining portion of 275.214 acre tract, with said proposed north right-of-way line of Old Settlers Boulevard, the following (2) two courses: 1) S 81"48'54" E for a distance of 26.26 feet to 518" iron rod with aluminum cap stamped "CORR- ROW" set for a point of curvature; 2) Along a curve to the left, having a delta angle of 11"59103", a radius of 626.49 feet, an arc length of 131.04 feel, and a chord which bears S 87"48126" E for a distance of 130.80 feet to a 518" iron rod with aluminum cap stamped "CORR-ROW" set in the existing westerly right-of-way line of Kiphen Circle (50' right-of-way width), also being the easterly boundary line of said northerly remaining portion of 275.214 acre tract, for a point of non -tangency; Page 2 of 4 3) THENCE, with said existing right-of-way line, same being the easterly boundary line of said remaining portion of 275.214 acre tract, S 34046'22" W for a distance of 26.33 feet to a calculated point, being the intersection of said Kiphen Circle, and the existing northerly right-of- way line of Old Settlers Boulevard (100' right-of-way width), same being the southeasterly corner of said northerly remaining portion of 275.214 acre tract, for the most southeasterly corner of the herein described tract; THENCE, with the said existing northerly right-of-way line of Old Settlers Boulevard, same being the southerly boundary line of said northerly remaining portion of 275.214 acre tract, the following two (2) courses: 4) Along a curve to the right, having a delta angle of 10°36'03", a radius of 646.49 feet, an are length of 119.43 feet, and a chord which bears N 87°06126" W for a distance of 119.26 feet to a calculated point of tangency; 5) N 81°48'54" W for a distance of 19.40 feet to a calculated point, being the intersection of said existing northerly right-of-way line of Old Settlers Boulevard and said existing easterly right-of-way line of F.M. 1460; THENCE, with said existing easterly right-of-way line of F.M. 1460, same being the westerly boundary line of said northerly remaining portion of 275.214 acre tract, the following two (2) courses: 6) N 21°06'36" E for a distance of 9.79 feet to a calculated point; 7) N 32°43110" W for a distance of 13.83 feet to the POINT OF BEGINNING, containing 0.067 acres, (2,905 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, NAI] 63, 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 and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MYND ND SEAL at Round Rock illiamson County, Texas. 9, J6,C1011191-1- A94 '4<tt-N M. !lepfien `Trbesrld'ale `� Date �'�(.; a'r •.,;F,�• Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLCt.ht STEVJ1U4TWE'Sn.ALE• Firm Registration No: 100591-00 t' .9 4033 u 1504 Chisholm Trail Road, Suite 103 •.o,vr.$s,C Round Rock, TX 78681 qSU S:1 CPY PROJECTS%KIPHEN-RD1ParecisIPARCEL 11CAMCO.0424I APARCELI-REV-042417.doc 'Z. 0 25 50 V 50 EXHIBIT PLAT 7057ACCOMPAP775ESCRIPTION NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD LENGTH CHORD DIRECTION Cl 02'18'11" 2466.48' 99.14' 99.14' S25'11'56"W C2 11'59'03" 626.49' 131.04' 130.80' S87'48'26"E C3 10'35'03" 646.49' 119.43' 119.26' N87'06'26"W 0 (10'35'03") (119.43') (119.26') (N87 -06'26"W X69 s 9 \'�'p�G�• C FORMER ALIGNMENT C.R. 113 -- KIPHEN ROAD .O.R. I`- I�J1 N32'43'10"W 13.81. N21'06'36"L 9.79 (N21 -06-36"E 9.79') CAMCO LAND, L TD. (REMAINDER OF 275.214 AC,) I% LA (TRACT 4) I too �• VOL. 2499, PG. 303 I v . � LA O.R. W. C. T. o P.O.B. I! m S81'48'54"E I 1 26.26' I N81'48'54"W 19.40' (N81'48 -54"W) Ol/D ^• (19.40') t_ ,tl � • � r.11A� r � w. ItY `• �n '' ,.lis N- • �.. r ^ 0.067 ACRE 2,905 SO. FT. N34'4$'22"E II I� 000--fo '/ S34'46'22"W 0jO°O�o s0�9J `'C� 25.33 F� 1,D IN1_ANDJ G EO D ETICS PROFESSIONAL. LAND SURVEYORS 1504 CIIIISHOIM TRAIL R0. STE. 103 ROUND ROCK, U. 78681 PH. (W)238-1280,FAX IS12j238-1251 I FIRM REGISTRATION NO. 100591-00 G CAMCO LAND, LTD. 0.067 ACRE 2,905 SQUARE FEET S\,-GPY-PROJ=CES\�C?i-V R7\�o�res\�AgCr 1\CALICO 047417`.,PA7Cf 1-R.--4-00411,dwu REV. 04/24/17 2,905 26.211 PAGE 3 OF 4 LEGEND A CALCULATED POINT 113 TXDOT TYPE II MONUMENT FOUND O 5/8 " IRON ROD W/ ALUMINUM CAP STAMPED "CORR--ROW" SET PROPERTY LINE O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS ( ) RECORD INFORMATION IN1_ANDJ G EO D ETICS PROFESSIONAL. LAND SURVEYORS 1504 CIIIISHOIM TRAIL R0. STE. 103 ROUND ROCK, U. 78681 PH. (W)238-1280,FAX IS12j238-1251 I FIRM REGISTRATION NO. 100591-00 G CAMCO LAND, LTD. 0.067 ACRE 2,905 SQUARE FEET S\,-GPY-PROJ=CES\�C?i-V R7\�o�res\�AgCr 1\CALICO 047417`.,PA7Cf 1-R.--4-00411,dwu REV. 04/24/17 2,905 26.211 PAGE 3 OF 4 PLAT TO ACCOMPANY DESCRIPTION REV.04/24/17 1) 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. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 17 -289025 -GT, ISSUED BY FIRST NATIONAL TITLE INSURANCE COMPANY, EFFECTIVE DATE MARCH 15, 2017, ISSUE DATE MARCH 22, 2017. 1. RESTRICTIVE COVENANTS: DOCUMENT NO. 1995022324, 1997035450, OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS, AND DOC. NO. 2000073085, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 10G. A PIPELINE EASEMENT TO LONE STAR GAS COMPANY RECORDED IN VOLUME 237, PAGE 347, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS PARTIALLY RELEASED BY INSTRUMENT RECORDED IN VOLUME 567, PAGE 711, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. H. AN ELECTRIC EASEMENT RECORDED IN VOLUME 304, PAGE 248, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I. AN ELECTRIC AND TELEPHONE LINE EASEMENT TO TP & L CO., AND SOUTHWESTERN BELL. TELEPHONE CO., RECORDED IN VOLUME 555, PAGE 276, DEED RECORDS WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. J. TERMS, CONDITIONS, AND RESTRICTIONS THAT PERTAIN TO A CEMETARY AS CONTAINED IN AN INSTRUMENT RECORDED IN VOLT 573, PAGE 659, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. K. A PUBLIC UTILITY EASEMENT TO THE CITY OF ROUND ROCK, RECORDED IN VOLUME 1273, PAGE 336, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. L. AN ELECTRIC EASEMENT TO TP & L CO., RECORDED IN VOLUME 1362, PAGE 632, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. M. AN ELECTRIC EASEMENT TO TP & L CO., RECORDED IN VOLUME 1389, PAGE 315, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. N. A PUBLIC UTILITY EASEMENT TO CHANDLER CREEK MUNICIPAL UTILITY DISTRICT, RECORDED IN VOLUME 1389, PAGE 819, OFFIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 0. AN ELECTRIC EASEMENT TO TP & L CO., RECORDED IN VOLUME 1534, PAGE 69, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. P. THE TERMS, PROVISIONS, EASEMENTS, COVENANTS, RESTRICTIONS AND LIEN FOR ASSESSMENTS SHOWN IN RESTRICTIONS RECORDED IN DOCUMENT NO, 1997035450, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS: WHEN TAKEN WITH ALL AMENDMENTS AND/OR SUPPLEMENTS THERETO, SUBJECT TO IF APPLICABLE. 0. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN ASSIGNMENT OF UTILITY CONSTRUCTION AGREEMENT FILED IN DOCUMENT NO. 1998044600, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO 1F APPLICABLE, R. A WATER LINE EASEMENT TO CHANDLER CREEK MUNICIPAL UTILITY DISTRICT RECORDED IN DOCUMENT NO. 2000023245, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. S. A WATER LINE EASEMENT TO CHANDLER CREEK MUNICIPAL UTILITY DISTRICT RECORDED IN DOCUMENT NO. 2000004943, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. T. A WATER LINE EASEMENT TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2001074554, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. U. TERMS, CONDITIONS, AND EASEMENTS AS CONTAINED IN THE SUPPLEMENTAL FINAL ORDER AND JUDGEMENT RECORDED IN DOCUMENT NO. 2007092975, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY E O THE ND 7UNEFRY DIRECT SUPERVISION. M. S1tPHEN RUESDAL. DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND G£ODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 N LAN Du GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLAI TRAIL RD. STE, 103 ROUND ROCK, TX. 78681 PH. (512) 218-1200, FAX (514 236-1251 1 FIRM REGISTRATION N0, 10OS91-00 G CAMCO LAND, LTD. 0.067 ACRE 2,905 SQUARE FEET 5.\_CPY-PRDJ°CTS\Ra-t_V-R)\�)n•cee\:'".4Cf T\CAVC0-0:24171,PARCc 1-i=t'-04?417.dV'q PAGE 4 OF 4 rf EXHIBIT "C t' QUITCLAIM DEED Kiplien Road/CR 113 Excess Right of Way THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 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 LICENSE NUMBER That CITY OF ROUND ROCK, TEXAS and WILLIAMSON COUNTY, TEXAS, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Cameo Land, Ltd., a Texas limited partnership, whose address is , the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has Quitclaimed and does by these presents Bargain, Sell, Release and forever Quitclaim unto CAMCO LAND LTD., a Texas limited partnership, hereinafter referred to as Grantee, all of Grantor's right, title, interest, claim and demand in and to those certain tracts or parcels of land, situated in the County of Williamson, State of Texas, more particularly described in Exhibit "A" attached hereto and incorporated herein for any and all purposes. This Quitclaim is made subject to the continued rights of existing utilities, if any, as provided by law, and any required adjustment will be at no cost to the Grantor unless otherwise agreed between Grantor and Grantee in writing. In addition, this Quitclaim is subject to all matters of public record and to all easements, leases, agreements or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation or inquiry, including but not limited to the rights of parties in possession. THIS QUITCLAIM OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT TO THE PROPERTY, AND THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF GRANTOR HAS MADE ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY, PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION, UTILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. GRANTEE ACKNOWLEDGES AND AGREES TI IAT GRANTEE HAS INSPECTED THE PROPERTY AND THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS QUITCLAIM TO THE PROPERTY AS IS IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION AND TI [AT GRANTEE IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. 00386216.RTr TO HAVE AND TO HOLD for said purposes together withal land singular the rights, privileges, and appurtenances thereto in any manner belonging unto Grantee forever. IN WITNESS WHEREOF, this instrument is executed on this the day of 2017. GRANTOR: CITY OF ROUND ROCK, TEXAS By: Laurie Hadley, City Manager 61IF.1 d-0KITS A.7[.1 COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 2017, by Laurie Hadley, City Manager, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas 00386216.RT GRANTOR: WILLIAMSON COUNTY, TEXAS By: Dan A. Gattis, County Judge STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 2017, by Dan A. Gattis, Williamson County Judge, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas After recording, return to: 00386216.RTr ,Bea EXHIBIT "D'' Fk 1460 AW \\ ik n—gw- City of Round Rock ITROUND Root Agenda Item Summary S Agenda Number: Title: Consider executing a letter agreement with Camco Land, Ltd. for the transfer of a 0.067 acre tract required for the construction of the Old Settlers Right Tum Lane Improvement Project_ Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/20/2017 Dept Director: Steve Sheets Cost: $20,684.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: 00387937,PDF, 00388121.PDF Department: Legal Department Text of Legislative File CM -2017-1505 Consider executing a letter agreement with Camco Land, Ltd. for the transfer of a 0.067 acre tract required for the construction of the Old Settlers Right Turn Lane Improvement Project. The compensation for the r.o.w. required to construct the proposed turn lane improvements is based on the current WCAD unit value for the property. The City is also agreeing to quitclaim any interest in the portion of the adjacent Kiphen/CR113 rodway area that is no longer being used since the City's realignment project. This transaction has been reviewed with, and recommended for approval by, the Transportation Department. Cost: $20,684 Source of Funds: RR Transportation and Economic Development Corporation Cky of Round Rock Page 1 Printed on 10/19/2017