CM-2018-1634 - 2/16/2018REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between WALTRUST
PROPERTIES, INC., a Delaware corporation, (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 0.016 acre (717 square foot) tract of Iand out of and situated in
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas; being
more fully described in Exhibit "A", attached hereto and incorporated herein
(Parcel 16);
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 Exhibits "A-
B" 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 Property described in Exhibit "A", compensation for any
improvements on the Property, and for any damage or cost of cure for the reconfiguration of the
remaining property of Seller shall be the sum of TWENTY-SEVEN THOUSAND ONE
HUNDRED SEVEN and 00,`100 Dollars ($27,107.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
40383821 DOC
CM- 20/ F-/&
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.0I. 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;
(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
September 30, 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").
Seller's Obligations at CIosing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A",
free 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 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 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 Iien 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.
Prorations
5.04. 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.
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 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.
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 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 $500 as liquidated damages for any
failure by Purchaser.
4
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 Apply
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. Time 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 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]
6
SELLER:
WALTRUST Properties, Inc.,
a Delaware corporation
Address;
By:
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Its: P
Date: , — 2 gF
Approved via email by Jennifer Mulcrone on 12/15/17
PURCHASER:
CITY,,OF ROUND JkOCK, TEXAS
Address: 221 East Main St.
Round Rock, Texas 78664
Printed Name:
Its:
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Approved via email by Jennifer Mulcrone on 12/15/17
PURCHASER:
CITY,,OF ROUND JkOCK, TEXAS
Address: 221 East Main St.
Round Rock, Texas 78664
Printed Name:
Its:
Date_-�_
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2017 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 Gast Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
22I Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.
EXMIT «ASI
15 Foot Wide Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OFA
0.016 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.016 ACRE (717 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.016 ACRE TRACT BEING A PORTION OF LOT IA, BLOCK A, AMENDED PLAT
OF THE REPLAT OF LOT 1, BLOCK A, OAKMONT CENTRE, SECTION SEVEN AND
THE REPLAT OF LOT 1, OAKMONT CENTRE, SECTION FOUR, FILED ON MARCH 6,
2007, AND RECORDED IN CABINET DD, SLIDES 40-41 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 0.016 ACRE TRACT ALSO BEING A
PORTION OF LOT IA DESCRIBED IN A SPECIAL WARRANTY DEED TO WALTRUST
PROPERTIES, INC., FILED ON APRIL 1, 2008, AND RECORDED IN DOCUMENT NO.
2008024812 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
(O.P.R.W.C.T.); SAID 0.016 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a found 1/2 -inch iron rod with plastic orange cap stamped "Baker-Aicklen & Assoc.
Round Rock, TX" for the northernmost northwest corner of said Lot 1 A, and marking the northerly end of
a curving corner clip at the intersection of the southerly right-of-way (R.O.W.) line of University
Boulevard (a variable width R.O.W.) and the easterly R.O.W. line of Oakmont Drive (a 60 foot wide
R.O.W.), for the westernmost northeast corner of the herein described tract;
THENCE (LI) North 69° 07' 17" East, with the common northerly line of said Lot IA and the southerly
R.O.W. line of said University Boulevard, a distance of 9.28 feet to a set 1/2 -inch iron rod with aluminum
cap stamped "CORR ROW" for the easternmost northeast corner of the herein described tract, and from
which a 112 -inch iron rod found marking the northeast corner of said Lot IA bears North 69° 07' 17"
East, at a distance of 210.21 feet;
THENCE departing the southerly R.O.W. line of said University Boulevard, and traveling across the
interior of said Lot IA, the following five calls:
1) (L2) South 20° 52' 43" East, a distance of 15.00 feet to a set 112 -inch iron rod with aluminum cap
stamped "CORR ROW" for a corner of the herein described tract;
2) (L3) South 69° 07' 17" West, a distance of 9.09 feet to a set 1/2 -inch iron rod with aluminum cap
stamped "CORR ROW" for a corner of the herein described tract and being the beginning of a curve
to the left;
3) (Cl) In a Southwesterly direction, 15.73 feet along the arc of said curve to the left, having a radius of
10.00 feet, a central angle of 90° 07' 00", and a chord bearing and distance of South 24° 03' 18" West
— 14.16 feet to a set 1/24nch iron rod with aluminum cap stamped "CORR ROW" for a corner of the
herein described tract and being the end of said curve to the left;
Page 1 of 3
Exhibit "A" continued
Description of a 0.016 acre tract
4) (L4) South 21° 00' 12" East, a distance of 11.21 feet to a set 112 -inch iron rod with aluminum cap
stamped "CORR ROW" for the southeast corner of the herein described tract;
5) (1.5) South 69° 05' 56" West, a distance of 15.02 feet to a set 112 -inch iron rod with aluminum cap
stamped "CORR ROW" for the southwest corner of the herein described tract, said point also being
on the common westerly line of said Lot IA and the easterly R.O.W. line of said Oakmont Drive, and
from which a 1/2 -inch iron rod with plastic orange cap stamped "Baker-Aicklen & Assoc. Round
Rock, TX" found marking the southwest corner of said Lot IA bears South 20° 54' 04" East, at a
distance of 275.52 feet;
THENCE (L6) North 20° 54' 04" West, with the common westerly line of said Lot 1A and the easterly
R.O.W. line of said Oakmont Drive, a distance of 11.40 feet to cut "X" set in concrete for a comer of the
herein described tract and being the beginning of a curve to the right, same marking the southerly end of
said curving corner clip at the intersection of the southerly R.O.W. line of said University Boulevard and
the easterly R.O.W. line of said Oakmont Drive;
THENCE (C2) In a Northeasterly direction, 3892 feet along the arc of said curve to the right, having a
radius of 25.00 feet, a central angle of 89° 11' 43", and a chord bearing and distance of North 24° 05' 38"
East — 35.1I feet to the POINT OF BEGINNING of the herein described tract, delineating and
encompassing within the metes recited 0.016 acre (717 square feet) of land, more or less, based on the
survey and exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock, Texas in
2015.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That 1, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4866 attached hereto 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,
Daniel M. Flaherty, R.P.L.S. No. 5004 T
The Wallace Group, A CP&Y Company
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TB PLS Firm No. 10051701
See attached Plat No. A-4866
22824-FN25.doc
Williamson County, Tex
Page 2 of 3
11-04-2015
Date
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EXHIBIT "A"
(15 FOOT WIDE RICHT— OF WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.016 ACRE (717 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
AGHT OF—WAY ACQUISITION
0.016 ACRE (717 50. FT.)
EXISTING R.O.W. LINE
SCALP: I"
CUT "X" SI
IN CONC.
too'
FIELD NOTE
POINT OF
BEGINNING
N 69117'171 — 210.21'
R.O.W. LINE LOT 1A
BLACK A
AMENDED PLAT
OF THE REPLAT OF
LOT 1, BLOCK A. OAKMONT CENTRE.
AND THE R�EPIATT OF LOT 1.
OAKMONT CENTRI , SECTION FOUR
CABINET DD. SLIDES 40-41
P.R.W .MT.
FILED: MARDI Be 2007
WALTRUST PROPERTIES, INC.
DOC. NO. 2008024812
O.P.R.WICC.T.
FILED: APRIL 1. 2008
LINE TABLE
LINE
BEARING
DIST.
L1
N 89'07'17" E
9.28'
L2
S 2052'43' E
15.00'
L3
S 89107'17' W
9.09
L4
S 21'00'12" E
11.21'
L5
S 89115'58` W
15.02'
L8
IN 2054'04' W
11.40'
FIELD NOTE
POINT OF
BEGINNING
N 69117'171 — 210.21'
R.O.W. LINE LOT 1A
BLACK A
AMENDED PLAT
OF THE REPLAT OF
LOT 1, BLOCK A. OAKMONT CENTRE.
AND THE R�EPIATT OF LOT 1.
OAKMONT CENTRI , SECTION FOUR
CABINET DD. SLIDES 40-41
P.R.W .MT.
FILED: MARDI Be 2007
WALTRUST PROPERTIES, INC.
DOC. NO. 2008024812
O.P.R.WICC.T.
FILED: APRIL 1. 2008
GENERAL NOTES:
1.) AUL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTK NETWORK.
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R. 0. W. )
EXISTING R.O.W. LINE
1/2' IRON ROD
FOUND
LOT 1C
BLOCK A
UNIVERSITY MEDICAL PLAZA
CABINET FF. SLIDES 139-140
O.P.R.W.C.T.
FILED: OCTOBER 30. 2008
CURVE TABLE
CURVE DELTA LENGTH RADIUSCHORD CHORD BEARPIC
C1 90137'00" 15.73' 10.00' 14.18' S 24'03'18" W
C2 69'11'43' 38.92' 25.00' 35.11' N 24'DS'38" E
LEGEND
• - FOUND 1/2- IRON ROD WITH ORANGE CAP STAMPED
"BAKER—AICKLEN A: ASSOC. ROUND ROCK, TX"
UNLESS OTHERWISE NOTED
0- SET 1/2" IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW"
A - CALCULATED POINT
P.R.W.C.T. - PLAT RECORDS. WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. - DEED RECORDS; WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. - OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. — OFFICIAL PUBLIC RECORDS. WILLIAMSON COUNTY, TEXAS
- THE WALLACE GROUP OF r
eng neerS arch teCts Surveyors t�
A CP&Y COMPANY�0�..E9 Q
WACO KILLEEN PALLAS ROUND ROCK '�..... .
TBPLS IDOS 1701 1 Chisholm Trail, Suite 130, Round Rock Texas 78681 1 (512) 24840065 T BPE: F-54 ^i"i�iYi. rlljncn i T
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT 5004...�;� O;
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND -�,y'p,��Ss+o?•O
SURVEYS IN THE STATE OF TEXAS. TNI E _r_ DAY OF 2018. SIJRv�
OCTOBER. 2014
SURVEYED: NOVEMBER, 2015 ANIEL 43405RZR�Y, P NO. 50 3 OF 3
0 111 O PLAT NO. A— 6 _ DRAFT DA11-04-2015 DRAWN BYTA13—
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG, 228/66 TAB # A-4866
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 228248—PARCELS F/N # 22824—FN25
LOT 19
BLOCK A
x 7
F*
REPLAT OF LOT 1, BLOCK A
#
8 0CABINET
OAKMONT CENTRE. SECTION SEWN
Ix
CC, SLIDES 153-154
P.R.W.C.T.
FILED: SEPTEMBER 15, 2006
GENERAL NOTES:
1.) AUL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTK NETWORK.
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R. 0. W. )
EXISTING R.O.W. LINE
1/2' IRON ROD
FOUND
LOT 1C
BLOCK A
UNIVERSITY MEDICAL PLAZA
CABINET FF. SLIDES 139-140
O.P.R.W.C.T.
FILED: OCTOBER 30. 2008
CURVE TABLE
CURVE DELTA LENGTH RADIUSCHORD CHORD BEARPIC
C1 90137'00" 15.73' 10.00' 14.18' S 24'03'18" W
C2 69'11'43' 38.92' 25.00' 35.11' N 24'DS'38" E
LEGEND
• - FOUND 1/2- IRON ROD WITH ORANGE CAP STAMPED
"BAKER—AICKLEN A: ASSOC. ROUND ROCK, TX"
UNLESS OTHERWISE NOTED
0- SET 1/2" IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW"
A - CALCULATED POINT
P.R.W.C.T. - PLAT RECORDS. WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. - DEED RECORDS; WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. - OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. — OFFICIAL PUBLIC RECORDS. WILLIAMSON COUNTY, TEXAS
- THE WALLACE GROUP OF r
eng neerS arch teCts Surveyors t�
A CP&Y COMPANY�0�..E9 Q
WACO KILLEEN PALLAS ROUND ROCK '�..... .
TBPLS IDOS 1701 1 Chisholm Trail, Suite 130, Round Rock Texas 78681 1 (512) 24840065 T BPE: F-54 ^i"i�iYi. rlljncn i T
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT 5004...�;� O;
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND -�,y'p,��Ss+o?•O
SURVEYS IN THE STATE OF TEXAS. TNI E _r_ DAY OF 2018. SIJRv�
OCTOBER. 2014
SURVEYED: NOVEMBER, 2015 ANIEL 43405RZR�Y, P NO. 50 3 OF 3
0 111 O PLAT NO. A— 6 _ DRAFT DA11-04-2015 DRAWN BYTA13—
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG, 228/66 TAB # A-4866
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 228248—PARCELS F/N # 22824—FN25
EXHIBIT "B"
Parccl 16
DEED
University Boulevard Right of Way
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 WALTRUST PROPERTIES, INC., a Delaware corporation, 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 0.016 acre (717 square foot) tract in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas; being more fully described by metes and
bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 16)
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.
00393822 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 University Boulevard.
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 claire 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
2017.
GRANTOR:
WALTRUST PROPERTIES, INC.,
a Delaware corporation
Printed Name: —g" i4
Its:
�- Ucvdapmcnl anJ Cantlmction.
em�A.fntlrcatYa,cisf�w�lgrcon com. c�VS
7017 17.15 14 14.54 06'00'
JM
Approved via email by Jennifer Mulcrone on 12/15/17
day of
City of Round Rock
1iRE AND ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with Waltrust Properties, Inc. for
the acquisition of a 0.016 acre tract of land required for construction of
proposed improvements to the University Blvd. Project (Parcel 16).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/16/2018
Dept Director: Gary Hudder
Cost: $27,107.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: 00394896.PDF, 00395282.PDF
Department: Transportation Department
Text of Legislative File CM -2018-1634
Consider executing a Real Estate Contract with Waltrust Properties, Inc. for the acquisition
of a 0.016 acre tract of land required for construction of proposed improvements to the
University Blvd. Project (Parcel 16).
The City's original appraised value for this acquisition was $25,042. The owner provided a
counteroffer of $27,107 with supporting additional bid information for proposed irrigation
reconfiguration, which was recommended for approval by the Transportation Director.
Cost: $27,107.00
Source of Funds: RR Transportation and Economic Development Corporation
City of Round Rock Page 1 Printed on 215!1016