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R-2018-5282 - 3/22/2018 RESOLUTION NO. R-2018-5282 WHEREAS, the City of Round Rock ("City") desires to purchase right of way necessary for the RM 620 Right of Way Project, and said tracts ("Property") are described as follows: All of that certain 0.344-acre tract of land (Parcel 23) and all of that certain 0.539-acre tract of land (Parcel 23R), and WHEREAS, Pisces Foods, LLC, the owner of the Property, has agreed to sell said Property to the City,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Pisces Foods, LLC, for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the I),.lblic as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESP LVED this 22nd day of March, 2018. CRAIG ORock, Mayor City o Round , Texas ATTEST: SARA L. WI-LITE, City Clerk 0112.1804;00397237 L:E:XHIBITA» REAL ESTATE CONTRACT RM 620 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between PISCES FOODS, LLC, (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 0.344 acre (14,966 square foot) tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 23); and All of that certain 0.539 acre (23,488 square foot) tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; being more particularly described by metes and bounds in Exhibit "B", attached hereto and incorporated herein (Parcel 23R); together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), and any improvements and fixtures situated on and attached to the Property described herein not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the portion of the Property described in Exhibit "A", any improvements thereon, and any damages to the remaining property of Seller as a result of this transaction, shall be the sutra of TWO MILLION SEVEN HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED SEVENTY-SEVEN and 00/100 Dollars ($2,733,577.00). 00395956.DOC 2.02. The Purchase Price for the portion of the Property described in Exhibit `B" shall be the sum of ONE HUNDRED SIXTY-SIX THOUSAND FOUR HUNDRED TWENTY-THREE and 00/100 Dollars ($166,423.00). Payment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the Closing. 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; (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 described in Exhibit "A" herein is being conveyed to Purchaser under threat of condemnation. 2 ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Independence Title Company on or before April 15th, 2018 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 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 Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "B", both free and clear of any and all liens and restrictions, including specifically a frill and complete release of any existing leases and/or subleases affecting the Property, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof, and (c) Any exceptions approved by Purchaser in writing. (2) The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached hereto. The Deed to the City of Round Rock shall be in the form as shown in Exhibit "D" 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 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 3 (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing,Purchaser shall: (a) Pay the cash portion of the Purchase Price. 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 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. 4 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. 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. 5 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 fiimished 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. 6 SELLER.- PISCES FOODS,LLC,a Texas limited liability compatly BY: 'NEAR GROUP, LLC..a Texas limited liability Address: cp om any, its genei-al partner Its: Z Date;. PURCHASER: CITY OF POUND ROCK, rE,-JXA.S By.. Addrmw. 221 East Main St. Cuaig Morgan,Mayor Round Rock,Texas 78664 Date: 7 Reissued 12/04/15 APage 1 of 4 EXHIBIT County: Williamson Highway: R. M. 620 Limits: Deepwood Dr. to IH 35 CSJ: 0683-01-092 PROPERTY DESCRIPTION FOR PARCEL 23 DESCRIPTION OF A 0.344 ACRE (14,966 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 THE WENDY'S SUBDIVISION RECORDED IN CABINET K, SLIDE 123 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO PISCES FOOD, LLC BY INSTRUMENT RECORDED IN DOCUMENT NO. 9542882 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.344 ACRE (14,966 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 5/8" iron found, 236.09 feet left of proposed Ranch to Market(R.M.) 620 baseline station 502+66.35, in the southerly boundary line Lot 1 of the Comfort Suites Subdivision recorded in Cabinet P, Slides 174-175, of the Plat Records of Williamson County, Texas and conveyed to Sovereign Hospitality Group of Round Rock, Inc by instrument recorded in Document No. 2002056223 of the Official Public Records of Williamson County, Texas, same being the northeasterly corner of Lot 1 of the M.E. Bastrop Subdivision recorded in Cabinet FF, Slides, 307-308 of the Plat Records of Williamson County, Texas and conveyed to Round Rock 732 Building, LLC by instrument recorded in Document No. 2009075022 of Official Public Records of Williamson County, Texas, same being the most northeasterly corner of said Lot 1 (Wendy's Subdivision); THENCE, with the common boundary line of said Lot 1 (M.E. Bastrop Subdivision) and said Lot 1 (Wendy's Subdivision), S 22°13'19" W for a distance of 105.17 feet to a W, iron rod with TxDOT aluminum cap set(to be replaced by a TxDOT Type II monument), 130.93 feet left of proposed R.M. 620 baseline station 502+65.06, in the proposed northerly right-of-way (ROW) line of R.M. 620, (ROW width varies), for the most northwesterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE, departing said Lot 1 (M.E. Bastrop Subdivision) boundary line, through said Lot 1 (Wendy's subdivision), with said proposed northerly ROW line, S 51°12'16" E for a distance of 186.15 feet to a Y" iron with TxDOT aluminum cap set, 75.66 feet left of proposed R.M. 620 baseline station 504+42.82, being in the common boundary line of said Lot 1 (Comfort Suites Subdivision), and said Lot 1 (Wendy's Subdivision), for the most northeasterly corner of the herein described parcel, and from which a 1/" iron found with plastic cap, being the most northeasterly corner of said Lot 1 (Wendy's Subdivision), same being an angle point in the southerly boundary line of said Lot 1 (Comfort Suites Subdivision) bears N 11°09'53" E at a distance of 194.90 feet; 2) THENCE, departing said proposed ROW line, with said common boundary line, S 11009'53" W for a distance of 54.38 feet to a calculated point being the existing northerly ROW line of R.M. 620, (80' ROW width), same being the most southeasterly corner of said Lot 1 (Wendy's Subdivision), for the most southeasterly corner of the herein described parcel; Reissued /2104115 Parcel Page 2 of 4 THENCE, departing the southerly boundary.lite of said Lot 1 (Comfort Suite$ Subdivision), with said existing northerly ROW lime, same tieing the southerly boundary lime of said Lot 1 (VVertd'y` Subdivision),the following two(2)courses: 3) N 70*32024" W fora distance of 88.87 feet to a Y2" iron rod found for a point of curvature to the right; 4) along said curve to the right, leaving a delta angle of 13°09'511", a radios of 437.78 feet, at an a:rc length Of M90 feet pass a. VV' iron rod. foundand continuing for a total aro length of 100.68 feet, and a chard which 'bears N 63112414911 W for a distance of 100,36.feet to a �4" iron rod found with plastic cap, being the host sOLItherly corner of said trot 1 ( M.E. Bastrop SubdivisiOn�, game being the Most Southwesterly corner of said Lot 1 ( Wendy's Subdivisio i), for the most soUthwesterly corner of the herein described parcel; 5) THENCE, departing said existing northerly ROW line,with the common boundary line of said, Lot 1 (1V1:E, Bastrop Subdivision), and Lot 1 (Wendy's SUbdivisio ) N 22"13'19" E for a distance of 103.11feetto the POINT OF BEGINNING, containing :1..344 acres (14,9'66 s(lUare feet) of land, wore or less_ Thi--.,property description its accompanied by a separate parcel plat.. All bearings recited herein are based on the Texas $tate Plane Coordinate System, Central Zone No. 4203, NAD 83, THE :STATE OF TEXAS § Kl'+OVV ALL MEN BY THESE PRESENTS- COUNTY OF WILLIAMSON § i`hat 1, K 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 t)e ground under try direction and supervision, WITNESS MY FIEND AND SEAL at Round Rock, WilliaMS011 COUnq,,Texas, s Re, 41, fA,§tephen"Prue dale Gate Registered Professional Land Surve o.r fele 4933 Licensed State Land::Surveyor Inland Gentle€ics,LLQ: �� � Firm registration Nei.- 100591-00 ��'6F 1504 Chisholm `yTr03 Trail road, Suite 1 Pound Rock, X E 6681 1��r�x tx�c"weg�exa x xs�ara:�: 101933 x k EXHIBIT "A " PLAT TO ACCOMPANY PARCEL DESCRIPTION Reissued 12/04/15 PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C 1 13°09'51 " 437. 78' 100. 58' 100. 36' N63024'49"W (CI) (1 2°41 ' ) (437. 46' ) (96.83' ) (96.63' ) (N62° 20'W) C2 00028'55" 437.78' 3. 68' 3. 68' N57004' 20"W (C2) (437.68' ) (3.69' ) (3.69' ) (N57004'21 "W) BROKEN O� \ C I 2 3 � C21ISp�NNER SOVEREIGN HOSPITALITY 0 25 50 GROUP OF Cl LOT I ROUND ROCK,-INC. 1" = 50' R. M. COMFORT SUITES DOC, NO. 2002056223 620 SUBDIVISION •0.P.R►`W:C-. T. CAB. P, SL. 174-175 I P.R.W.C. T. DETAIL "A" _ N. T. S. J a q4 Aa 67/ , I I ��` .# y % -� t5�9. .. I .LOT I I 'y�' °. I I p Ls i P. O. R. .:I PARCEL 23 I I STA. 502#66.35 O I 236.09' LT I O I 0.8074 AC. II L'' ROUND ROCK II WENDY'S SUBDIVISION , I 732 BUILDING. - LLC CAB, K, SL. 123 I DOC. No. 2009075022 —'II P.R.1y.C, T, r I 0. P.R.Vl.C.T. (`''II co ''I QQ I NIIIo P.O. B. NI � N; N PARCEL 23 0 1 II STA. 502-65.06 pI I . I) 130.93' LT P I SCES FOOD, LLC �I I oDOC. N0, 9542882 I PROPOS R,�f0 0.P.R.W.C. T. N I - (w .w. Ss�, LoLT I I . BLOCKIA I- /2•�6 E .a'I Il 0, 727 AC, o M �86, 18" S510, 12'. 16"E M. E. BASTROP — I cv I. 9. 25' SUBDIVISION w (N CAB. FF, SL. 307-30F3 z I P.R.W.C. T. o r STA. 504.42.82 sFF K' 14,966 SO.344 FT. 75.66' LT — o • �FlN ` , D O ,I k�gTrNC 9. . . _00 Ln W (CI) (N69° 25'µl 89. 25' ) CI N70032'24"W 88.87 (121. 40' ) PROPOSED R.l,1. 620 BASELINE 502+00 503+00 568'28'35'E 883,35' 504+00 Ln 505.00 . N R. M. 620 (80' R.O.W. WIDTH) o Ln u IL EXISTING R.O.W. PARCEL PLAT SHOWING PROPERTY OF . INLANDu G E O D ETI C S PISCES FOOD, LLC Texas Department of Ttansportatlon PROFESSIONAL LAND SURVEYORS 1504 CHiS D ROCK, IL TX.7 681.103 PARCEL 23 ROUND ROCK,Tx.78681 CSJ �� PROJECT COUNTY PH.(512)238-1200,FAX(512)238-1251 I[SCALE " 50' 0683-01-092 RM 620 W I LL I AMSON LXH 18 1 PLAT TO ACCOMPANY PARCEL DESCRIPTION PAGE 4 OF 4 LEGEND a rX.007 TYPE I CONCRETE MnNUMCNT FOUND It PROPERTY LINE 4 '4 07 00 IRON ROD SET W1 TXDOT ALUMINUM CAP RECORD INFORMATION TO BE REPLACED BY TYPE 11 MONUMENT LINE BREAK (E TXDOT TYPE H CONCRETE MONLIMENT FOUND rll LAND HOOK P.U.B. POINT OF BEGINNING !/2* IRON ROD FOUND UNLESS NOTED P.O.R. POINT Or AEFCRENCL. N.T�S. INOT TO SCALE IRON ROD FOUND W/PLAST IC CAP 0 COTTON GIN SPINDLE FOUND D.R.W,C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS X CUT FOUND U.R.V1.C. T, OFFICIAL. RIECORCIS A 60/D NAIL FOUND WILLIAMSON COUNTY. TEXAS 0.P.R.W:.C, T. OFFICIAL PUBLIC RECORDS A CALCULATED POINT WILL I AIASON COUNTY, TEXAS 0 t/2- IRON ROD V11 ALUMINUm CAP P.R.W.C.T. PLAT RECORDS STAMPED "TXDOT'! SET WILL JAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) CENTER I INC 1) All beorl-nos. s nown norecr) oee. baSed 0.n 0!-ICJ benrino- Al I cilatonces are surface distances. C00fa1notes are iurfoce volues bazed on Me Texas $fate Plane coordinate system, NAD 83. Central Zane Lis Ing a culbIned surface ndjusfment faefor of 1.0mi. !I-IE sullyry fmowN IrRrON WAS PurAnED 11"1 CoNjuNcTim witH THAT C0.4141TMENT' FOR TITLE INSURANCE OF NO. 9691-1,1-1033, ISSUED BY 'TEXAS AMERICAN IA TLE COMPANY, EFFECTIVE UA'I'E JANUARAY ZZ, 2014, 15$UE UATE JANUARY 31, 2oi4,. 1, RESTRICTIVE COVENANtSi CASMET K. Sl,ICIE 123. PLAT RECORDS OF WiLLIAWSON COUNTY. TEXAS. SUBJECT To. 10E. 4 PUBLIC UTlL[TY EASFMFNT 5 FEET IN 11110TH ALONG THE FRONT PROPERTY LINE OF THE SUBJECT PROPERTY, AS PER THE RECORDED PLAT YHERLOF. 0FECT5, AS SqORN* F. A 10' PURI,IC UTILITY EASPYENT GRANTED TO THE CITY OF ROUND ROC9. :BY INSTRUMENT IN VOLUME 1500, PAGE 358. OF THE OFFICIAL RECORDS OF WILL IMAASOIN COUNTY, TEXAS, AS SHOWN 0,N THE PLAT RECORDED IN CAal,'IIET K, SLIDE 173, OF THr PI-AT SIF-CORDS OF wit.LIAMSON COUNTY, TEXAS, DOES NOT AFFECT. G. IEWAS CONDiTIONS. AND PROVI$10N$ OF THAT CERTAIN W.ATER POLLUTION ABATZMENT PLAN. RECORDED ltdVOLUYE 2204, PAGE �84, 0r THE OFFICIAL RECORDS OF WIELIAMSON COIJNry, TEXAS, SIAIJECT TO. H, TERMS. CONDITIONS, AND PROVISIONS OF IHAT CERTAIN LEASE AGREEMENT 'BY AND BETWEEN PISE.S FOODSL.P. ANU WEND'S INTFRINATIOINAL.., INC., BY THAT CERTAIN MEMORANDUM OF LEASE RECORDED ENDER DOCUMENT Nib. 2012044347. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJz;,CT TO. 1. TER%15, C0N0ITI0N%i AND PROVISIONS OF THAT CFRTAIN 51 iFILFAISF ACREF-mr-NT MY AND AETkVFFN NENIDY"S INTERNAT#n.'IAL, fNC.. 4140 HADA FOODS. LLC. BY THAT CERTAIN MEVORANIDUM OF SUBLEAS- ED' RECORDUNDER DOCUMENT NO. 2013117816, OF ItIE OFF ICIAL PUBLIC RECORDS OF WILLIA-M$OWCOUNTY, TrXAS, S8.Jt"-UCT TO, 7 I HEREBY CEI IFF THAT THIS PLAT IS TRUE. AND CORRECT -:P TO THE BEST OF ?,AY 0-109&IN)CE AND BELIFF ANI) THAT 41 p Ti,iF; PROF11COTY 5IA%01 liLREIN WAS 17CTEttlAINE0 BY A SUAVEY MADE ON THE r*AOUN 1(Em m i 9 1111 u t V14,f, 0 001-DER MY 0+13ECTION AND SUPERV I S 1 ON. 14 Q qy M. STEPHEN TRUFSDALE DATE; REG I STERED PROFESSIONAL LAND SURVEYOR NO. 4933 LiCENSIED STATE LAND SURVEYOR ACOA 1 SS 1 T I ON I NL A,I D OEODETICS, LLC 0-344 14,9r)6 FIRM REGISTRATION NO. 100591-00 150141 CHISH-OLM TRAIL ROAD. SUITE 103 CALC/DEED AREA 0.874 38,071 ROUND ROCK, TX 78681 REMA I Nbr,,R At4r.A O.930 23, 105 PARCEL. PLAT SHOWING PROPERTY OF I NL AN Do T Y CF GF-ODETICS PISCES FOM LLC of morrimmo.4,At.LANo miRve-yopts --- 4 HISHOM TRAIL RD.STE, 103 P4TY ROUND ROCK,TX�786!1 SCALE c5i PROJEECT COUNTY St2) 31!1251� 0-2 U PARCEL 23 M.4 51?)231-1200,FAX(S t 2)131-115 1 0683-01- 9, RM 620 V1 1 L L 1.DAIVSC N im 11 0 020/18 Rage I of 4 EXI-11131T County: Williamson Highway: R, M� 620 Limits: Doopwood Drt to h 13-5 C8J., 0683-01-092 PROPHRTY DESCRIPTION FOR REMAINDER or LOT 1,WENDYS SUBDIVISION DESCRIPTION OF A 0,539 ACRE (2$,488 SQUARE FOOT) -TRACT OF I.AND SITUKI-Kr-) IN T1 IF J.im. - HARRELL SURVEY,ABSTRACT NO, 284, IN WILLIAMSON COUNTY,TEXAS, BEING-A PORTION OF LOT 1, OF THE WENDY'S SUBDIVISION REGOR.Dr--D IN CABINET K, SLIDE 123 OF -ri-m PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN LIMITED WARRANTY DEED TO PISCES FOODS, LI-C AND RECORDED IN DOCUMENT NO, 9542882 OF -r:FiE- OFFICIAL RECORDS OF WILLIAMSON COUN'ry-, TEXAS, SAID 0.539 ACRE (23,488 SQUARE FOOT) TRACT OF LAND BEING MORE PARTIQJI.ARLY DESCl IBED BY ME,rES AND BOUNDS AS FOLLOWS: BEGINNING at a 518" iron rod found, 236.09 feet left of:proposed Ranch to Market (R.M)6.20 baseline station 502+66.34, beiiig in 1110 SOLItherly bOUndary One of Lot I of the Comfort SLlites Subdivisim recorded in Cabinet P, Slides 174.176, of the Plat Records of:Williomsori County, Texas, described in Warranty Deed to Sovereign I.-Jospitality Group of Round Rook, ltlicT arid recorded in Document. No. 2002056223 of tile Oft.-cial Public Records of Williamson Comity, Texas, Saone being [lie northeasterly comer of Lot 1 of the N11E. Bastrop Subdivision recordacl in Cabin FF, Slides, 307-308 of the Plat Rec*rds of Will:JamsonCounty, Texas, de-scribed in Sppxial Warranty Deed to Round Rock 732 Btfilding, LLC and recorded in Document No. 2009076022 of the OfflK1,11al Public Records of Williamsorl County, Texas, also belng thenortheasterly comer of sald Lot I (Wendy's Subdivision), for the northwesterly comer of the herain;described rernaindef tract; 1) TIJENCE, departing said Lot 'l (M.F. Bastrop Subdivision), with:Ilia cairMon boondary line of sald Lot 1 (Wendy's Su*&livision) and said Lot 1 (Comfort GUI(OS Subdivisfon), S 80'75Y)0510 E: for a distance of 144.86 feet to a 1/2." Iron rod with plastic cap staMped "Sinclair & Associates" found, 267.38 feet left of proposed R.M. 620 basoline station 504+07,73, being an ell cornerlin the easterly b0i.ind'ary lino of said Lot I (Com-fort Suites Sobdivision), same being the mrtheaslorly comet,of said Lot I (Wendy's Subdivision), for the northeasterly corner of the hc!reif) desc 14.,,ed remainder tract, 2) Tlifi:.NG1114 contimuing with sald common boundary lino, S-1,1009'53" W for a distance of 194.90 feet to a 1,12"iron r( with alt.11111JILIM calx S(.11-npcd.—rxD0T"fOUnd, 75.66 feet left of proposed R.M. 020 I)Asefl[10 station -504+42-82, being in tho 151-OP050d 11101`11101-1Y ('911I.-of-way (ROVV) line of Said RA1. 620 (ROW width vanes), same being the northwes(orly comer of zi 0,029 acre tract of land{ described in Possession And Use Agreement For Transportation PUrponos to tho TOMIS Oepallmemlt of Transportation and tile City of Round Rack record N.1 ill Documont No; 20,17084074 of thp Offfnial Public -Records of 0111MY13011 CGLITIty, TOXaS, fOl' thy.! S0LJlh0-0:A0l'I.y Cofl)fur of (fle horeln described remainder tract, andd from whio-h. a TxD01'alvalfrim-11 uap ill i"vjpl wlt, being a I)Oillt of tangenq in said proposed flortherly ROW lilt 10 of R.M.. 62.0 bua:rs 8 5161216' F", at a(fisArance of .9.25 feet; 0212-0/18 Page 2 of 4 3) TI-HENCE, departing said common boundary line, through sale/Lot. 1 (Wendy's Subdivision), sal-no being with said proposed northerly ROW line of ii.K 620, N 51111201:001 W for adistance of 1 HAS fret to a 1/2"tron rod with TxD011'altimhum- cap found in [he common boundary 11110 of said Lot I (Wendy's Subdivision) and said Lot. 1 (14r-, tlzastrop Subdivislam), for (110 SOL11,11WOStOrly corner of the haroin described remainder tract; 4) TI IENCE., (lop arting said proposed I-1011-herly ROW tine, will) said common I)OLItIdary line, N 22"131-1911 F* for a distance ot,105.17 feet to the, POINT OV 13L-GlNNIN(4,,coiitti.i.iiiiig' 0,539 acres' (23,488 sqtmma fent)of land,mare or less. This.property description is accompanied by a 4xqmrat.0 parcel plat. All bearfings recited herein are based on tho Temas Siakw. Plane CcordInato System, Central Zone No. 4203, NAD 83, THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § Thal 1, Lawrence M. RUSSO, a Registered Professional Land Surveyor, do hereby certify that the above description is true and r.,=rect to the best of my knowledge and belief and that the property descded herein was determined by a survey made on Ilia ground under my direction and suporvNion, WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Teas.: .......... �Vre.-nc—e M. Russo Date/ Registered Profiasslonal Landl�sUrveyorl No, 5050 rx Inland Goodefics, LLC Firm Registration No: 100591-00 1504 Chisholm.Trail Road, Suite 10.3 kound Rock, TX 78681 S.AJ 23-Pisces 23:-Reiii,,.ifti(ies,'I"ract.I)oc, X!- 1 :., „,...... ... . : .. M. -_.. -:�^�^!lr.:�:� .:_:. ..... ... .,......; -'._ Plo-Al' TO CCIM ANY IIAI(C lil RJZS ..RI1 IION Oft l£,f f C PACE 3 OF r .. , .. C i 13*09'51' " -137.78' __..................._.w...__..�:.�... �...w�.._.�.�.. 10__..58, 100.:6 ,..4,.6.. 3*24*49"V I0 ._ .w............_......... (C[.) t12`4E't (432a-16" a G. n34) (N62"20' 0 C2 00*28'55 A37.78' 3.08' 3R681 N5 79 04'20"Vl W21 (437.66' .) t3. 9' tN57 04' 1 "r 11CN CZ ,t7V 131;I+:fel I SP 1 TIAL I TY 5 50 L. 4�c� �F: '` CROUP or .. ..., OUNO ROCK, INC. LOT I DOC i, NO. 2002{56223 �'. COMFORT 511 0.Ix,R. V1.C.T. SUBDIVISION 11 pl. CAB, I'► SL. I YI—! d5 �' ,,:��* AS50CIATES• p!?-,RSL. W.C.T. �AA.�� � J OETAIL 61 �t �ASTA. 504-01,09, krK R ' !e 1 a'sAE •�! i C34 IJ y „[A. 'ie't B. } �.., { ,p x< Q.! _'E{'1> ( F , i.. <. •'�' l'fi *- ST& 502"66.35 �t36.09 LT 0.539 AC. bye 1 !i ie c UAll 01 �3, s 'r'+OL:1: D ROCK I: LOT 1 F r 732 BUILD i�D f ' "'r"'Y S �U4o l "I S I CSN �y�qr�+ LC 0 914 AC. F t`�Sl�' I:,t.ISS. DOC. No. 20490'7 s02 ( � �� e� 3., � CJ.P.f� 4',C T: t�3 to P.It.��•iC.T. 7 f V4P !! g ) 4 CIO M LOT I FLOCK A / 5TA. 507*65.bG i 91' LY 0,,7'47 A.C. ` PISCES' FOODS LLCDOC. NO"9542882 e.rt)ali�'tiIF t. _.ilia,a 'fi )t 'S '•3( l i'ptxP xlf2'"� � 7'"} 5,"'!"` � 1: _.i J5 t��l2�F I�s V �" _^ I � i ..#.f {� �*✓� �43 � ' {t t)df it x � I 4. E ASI�'�+�OP ,��+�NJ ' I '�CAB. FF, SL 307-308 y{ SIII�DIV10;1ON 1. P.H.RIR 4a. i. � V 89 ,., e r 4 'Ni ..... r 1t �_!wf.R�•}--^y.-a ry r yy 88, �7' � PROPOSED n ail. 1620 BASE-L I NE .:__w. .W�... Sso—mls,r 603.35, 504800 �)t )° + ) F�50500 2 E�E3` ra.v.yP. yY3 1PfP sn .a i ...... .....«roe-W .....,.w�M [ #` L A N >D1504 CHIS)HOL&I TRAIL A0.Silt.103v raomvONAL LANU SURVEYORS 11 oil r-1),00 1:T .......... .... RM 670 vi11.1_IAM:5(Yhj `�� HA. I.. FIRIM 23-PISCES ("rPMEMAINDER TRACI t:PA'CJ,,l: 02/16118 PLAT 'M ACCOMPANY PARCEL DESCRIPTION PAGE A OF A LEGEND n .I.XI)OT: TYPE I CONCRETE MONUMENT FOUND It PROPERTY LAN 3r' IRON RCT SES' V11 TX00T ALUMINUM CAP C l RECORD INFORMATION TO BE REPLACED BY TYPE. 11 MONWEN �.,:. I IIoIE URE AK. f 7X00T TYPE: 11 CONCRETE= MONUMENT FOI:ND �'.C�<0, �'C�1�i�IT1100Ki3� 6h#�fl1��G Ir'F " IRON ROD FOUND UNLESS NOTED P.0.:P. POINT OF REFERENCE IRON ROE) FOUND I't/PLASTIC CAP N. T.S. NOT TO SCALE 0 COTTON CIN SPINDLE FOUND D,It.tV1,C.'F. DEED RECORDS W I LL I AMSON COUNYY, TEXAS X cu'r FOUND O.R.W.C.T. OFr I C I AL RECORDS A CSO/D NAIL FOUND W I L.L I AMSON COUNTY, TEXAS O,P.R.W.C. `i. CFI"1 C I AL�yPUBLIC RECORDS CAI..CULATED POINT WILLIAI�c�SON COUNTY, TEXAS l/a" IRON ROD W/ ALUMINUM CAP P.P.W.C. T. PLAT RECORDS SWAMPED "TX001" SET W 111 I ANISON COUNTY'. TEXAS (UNLESS EMOTED OTHERWISE) t CENTER LINE. f 1) All I bear-I rt s sivyin Icor eon ore t)osoo o �t gr10 0*or IntTellA i 1 c�I etc;ri- cesurfacee � - �ra� distances. CacArtllr�crlas ore suef�ace ual=3 I�csed on tho Tact-0.5 $tot I'llo a Cour nate System. NAD 83, Cantr al Zone USIlf"19 U e:t�xr�1►IrYccJ oLrr.•dWOe oaju uw)nt factur- of 1,00011« T:IJE SURVEY SHOWN 1IERE0,14 WAS PREPARED IN CONJUNCTION V l TH THAT CO I TI.IDIT FOR T I TI.E� I NSURAN"E GF Esq. 1591-14-103% ISSUED BY TEXAS AMERICAN T I TI.F CaMPANY, EFFF:C:T I VE DATE JANUARAY 22, 2a 14, I S�.tJE E}A t JANUARY 31, 7014. 1.. R STRICT110 COVEN1NP.Sr CABINET Kp. SL.IDE:. 123, PLAT RECORDS OF 1'tILLIAMSON COUNTY, TEXAS, SU43JECT To. 10E. A PUBLIC UTILITY EASEMENT 5 FEET IN WIDTH ALONG T14E FRONT PROPERTY L fNE OF THE SUBJECT PROPERTY, AS PER THE RECOR1TE 0 FLAT THFRFOF, AFFECTS AS SHOWN. F, A 10' P'UUI.:E C OT"I L.I TY EASEMENT GRANTED TO THE CITY OF ROul D ROCK, By INSTRUMENT IN. V0U)AE 1500, PAGE 358 €1:F THE OFFICIAL RECORDS OF W I LL I AMSON COUNTY', TEXAS., AS SHOWN ON TIIE; PLAT REC011DED I N CADI D E T K, SLIDE 123. OF THE PLAT RECORDS OF W'f IL4.I A"Ah1S0.N CDIJNT'Y, TEXA"., DOES NOT AFF CT. C. TERMS. CONDITIONS, AND PAOVISIOFIS OF THAT CERTAIN WATER POLLVTICN AETATEMEN1 FLAN,. RLC +2OED IN 'Srat,lrME 2204, PAGE 984, OF THE OFFICIAL RECORDS OF W I LL I AI.SON COUNTY, TEXAS, SUBJECT TO. FI. TERMS, GOND f T I ONS, AING PPOV l S I GNS OF 'THAT CERTAIN LEAST: A REEMENT tilt" AND BETWEEN P I SCE S FOODS, L.P. ANI) VIENDY"5 IN10NAT IONAL. INC., TTY THAT CERTAIN #AIEI:1.04ANDUTA OF tF-ASE RECORD () I.INITI 111 ITtTC1Aw-11T NO. X4}1?G4431't. OF TIIE OFFICIAL PUB I C RFC0110S 1)I" I'll t.1.,.I AMSON COUNTY, TEXAS, SUBJECT To. 1. TERMS, CONDITIONS, AND PPOVI S IONS Of THAT CERTAIN 5.1..I13LEASF AGRFFKF..NT 13Y AMNO 131rTt'Il�EN vE NDY'S INTERNATIONAL, INC., ANIS llAZA FOODS, ILC, BY THAI' CERTAIN I,TLIADRAN+IC�i�M OF SUBLEASE 13ECORDED LINDE(� DOCUMENT NO. ?01311701C,, OF TNIM OFFICIAL PUBLIC RECORDS OF 1'tll.L IA MSON COUNTY, TEXAS, SUBJECT TO. i I IEEE.Y- ctjtT-fry 'TI1AT fH I S PLAT ISTRUE ,AND CORRECT TO THE VEST O1' ),DIY KrvC1'WLEME AND RELIEF AND TIIAT TIIE PROPERTY SHOWN HERCIN WAS DETERMINED DY A SURVEY MADE ON THE GflOLINO UNDER MY DIRECTION AND SUPERV I S QN, Ji d 1 d f 9' S 1.}ll �tiC.,«('I1:. �Me. )°J.�JS„J9fDE7I .. REGISTERED PROF ESS I Q,AI_ VAND SURVEY 011 NO. 5050 INLANU GEODETICS, LLC FIRM I'co I S°rRAT I Ohl N6. 1005591 Mop 115OST CHI HOLM TRAIL ROAOa SITE: 103 HOUND ROM Tx Y0681 1�ARCEL PLA T �;IAOW 1 NG VR61� ,J?1"y OF I N L-A N D o }LIRS3 110 SAriC�fE.55 t3�ACeC.LAND�,'tllkVE'ft7ti..*, � �' 1504 0115150;.1'11 TRAIL R}.STG.1,03 — : .�.. � ,.., W. :,.:w .:,; m.,.:, . v 408 e F T O 110-7411ROCrc.IX,,°0681 .1�LC I'F7CxlECT CC11<:NfY '`i .:W:. st f5111 3F I2ikt E�YlsI rl.3 k,t� I « RM G20 101_.1_I AI SC3� •--� 6213'ri ARCS S` IARCEL. Z3-P 1 SCCS i'CXJ� E;'MA I F�l��f°r� I(IAt�T'aE'I�IIi.I''I. :':x !' `fd;1.:';. I�r €:) E+I.k1l 02161130011") E I XHIBIT "C" Notice of Con.fidentin lity Rights: If you are.a :natural person, you may remove or strike any fry the following information Priori this instrument before it is filed in the public twords: your Social Security Number or your Driver's License Number. *1.11 40 60 T".40wartm rnrm ROVV-0-14 :(Rev.07113� Plmj,e 1 of 3 D 11PY1 6270,Right of Way TxDOT.ROW CSJ.- 0683-01-092 TxDOT Parcel No.: 23 Grantoij,$),iviiether one or more: PISCES F001US,L1-C C,rantor's Malling A(ldress.(including county 1504 W.6111 Street Awstia,Texas 78703-5134 Travis County Groatee: 11-1.1 r.-,'S'rA.TE OF TEXAS,acting kyatid through the Texas Traiisport at'lion(--lomtnission C,rantee's The Texas Tnansporation Corn mission is aL ithorized cruder the Te-xw5 Transpowal ion-Code to°piti-chase land widAIC-h Other PWJVII�V ri?-hts(including.requesting 111'elt COUnti.0s and nitinicipalitics acquire hightv way)leen ed necessary or conv.-ni=t W USUC highWily 01-turnpike project to be constructed,reconstructed, nwriintai.lied, widened, straightened, or cmemled, or to �iccwipfish anypurixase re I lated to the lo:pafion, ;Mpruyenient, maintenance, beautification, p.reservation, of Operation ref state highway or turnpike projcet. Commission is also nuffionzed wider diel'exas Transportation Codell Chapter-203 tO aCqUil-LA or request to be acquired such other properly rights deenied necesisary cir convenienq -f - the pur1n).w-S of Operating a:,we higilway Or t1unpike project. with control of access ai necessary to facilitatc the flaw of traffic and prornote the public safay an(j welfare ori both non-miLvolled facilities and des i gnated controlled,ac,cess filp0twaysand turnpik-c prqj.ects, Grantee's Mailing Addre.%(including county): .1,e as Department of'Fransportation, Atirr Right of W*ay Adniinistnutor `7901 N, 11-135 as 7876.1 Au-stin 1'ex Con's id cra.tion The warn orjwo Million Seven Hundred Thxrty-lliree Thous-and Five I-lundred Seventy-Seven fand no/100 D'ollars ($2,7333,577,00) and other good and valuable cn;isiderafion to Grantor in hand. raid by the City of Rowd Rock,receipt of whicli.is hereby ac.knowledged,rind few which no fien is retained,either expre.&sed car N1 4* Form ROW-N-14 (Rev.07/13) Page 2 of 3 Property: All of that certain tract or parcel of land in Williamson County, Texas, being more particularly described in the attached Exhibit A(the"Property"). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1. Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property,but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and tinder 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 And for the same consideration described above, and upon the same conditions, Grantor does hereby bargain, sell and convey unto the State of Texas that portion of the following improvements located on the remaining property out of which the above described premises were originally a portion, to wit: Wood Frame/Masonry Main Wendy's Restaurant Building. Grantee shall further be allowed to enter the remaining property of Grantor solely for the purpose of demolishing and removing the improvements described herein. Access on and off Grantor's remaining property to and from the State highway facility shall be permitted 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: PISCES FOODS,LLC,a Texas limited liability company By: NEAR GROUP,LLC,a Texas limited liability company,its general partner By: Name: Its: Acknowled eg ment State of Texas County of This instrument was acknowledged before me on by , in the capacity and for the purposes and consideration recited herein, Notary Public—State of Texas EXHIBIT I'D" I)EE'R THE STATE OF TEXAS § COV TY OF WILLIAMSON: § NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON,YOU IMAV REMOVE OR STRIKE ANY OF THE FOLLOWING. INFORMATION FROM THIS I INSTRUNUE NT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR, SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOWt THER.1 ErFORK, KNOW ALL BY THESE-,- PR : 1. 1 ESENTS: That PISCES FOODS, LLC!, -fter referred to as C3rantor, vyliether mica or m ore, Etat' ol- lld ill considcration of the -um of Tof ($10-00) and ood ther goand valuable a -, en cons iderat[on to Grantor in hand paid ley City of Round Rock, Texas, the receipt and- Sufficiency of which is hereby acknuwlCd.61Cd, and for NvIiieb nu lien is retaiuvd, either expressed or implied, have this day Sold and by these presents do Gyrant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land 1;y ng and being situated In the County of Williamson, State of Texas, alotig with an -ne - thercon (thy; "Property"), being.more particularly dr-suibed as follows; y imp-rovei mts All of that certain 0.539 acre (23,488 Sq. Ft.) tract of land in the J.M. .Harrell Survey, Abstraut No. 284, Williamson County,Texas; being more fully described by m0es untl boonds in Exhibit"A"',att'ached, hereto tind,incorporawd.herein(Parcel 2,3R.) SAYS AND EXCEPT, HOWEVER, it is expressly understood and agreeci that Grantor is retaining title to flit fo -T 'alprovemellts located on the Rr vert-V conveyed herein, to wit: alae . llowi$16 .1 N 0 N li' RESERVATIONS FROM AND EXCEPTtONS TO CONVEYANCE, AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, oi- ,iliortages in area or boundary lines or anv encroachments or any overlapping of i Improvenients which a current surveywouldshow; Easements, restrlctjoms. reservations, cov:cnants, conditions,, oil and gas leases. minen .,everances, and en.curnbrances for taxes .9ild assessments (other than. liens and Conveyances) prcsently of record in the Official. I-lublic Records of Willitimson County, Texas, that at.I fOct the Property, bul only to the extent that said items arae still valitt and in force and effect at. this time. 00339596116 N)c TO HAVE AND TO HOLD the property herein descfibed and. herein conveycd toguthe'r with all and singular tht rights and appurtenances thereto in any wise belonglag 1111to City of'Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors., adipinistraftm., successors a.-nd assigns to Warrant and Fo.rever.Defend all and sinplar the said premises herein cotiveyed unto City of ROUnd Rock. Texasand its assigns against every person. whoinsoever lawftilly claiming or to clairn til-e same or any part INWITNESS WHEREOF, this *1115UIMIC1.1t is CXUAlted on this tli.e d ay of 20M GRANTOR:.- VIS:CES FOODS, L.W., a 'eras Ifinited liability company 13 y: NFAR (311 SUP, LIX, a 71'exas limited liability Q10:1111p.aiq:, Us genoral partner fly: Na in e, Its: AC KNOW LE DG MENT STAI'E OF TE.XAS § COUNT Y 01-` Thisinstrument was acknowledged before nn.e on this the day of 210l , by in the capacity and for the purposes and consideration recited therein. Nf,)tal*V PUblic, State of Tex as PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Attn: City Manager 221 East Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 3.