Contract - Pices Foods, LLC - 3/22/2018 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 sum 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 full 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 frilly 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 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.
6
SELLER:
PISCES FOODS, LLC,a Texas limited liability company
By: NEAR GROUP, LLC,a Texas limited liability Address:���� .
company,its general partner t
By.
Name• \
Its:
Date-
PURCHASER:
CITY OF ROUND ROCK, EXAS�
By: Address: 221 East Main St.
t 4rfai�,, ogan, y o r Round Rock,Texas 78664
Date: -Z�,.1 ,
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 11 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 '/2" 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 '/" 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 11°09'53" 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 12/04115
Parcel 23 Page 2 of 4
THENCE, departing the southerly boundary line of said Lot 1 (Comfort Suites Subdivision), with said
existing northerly ROW line, same being the southerly boundary line of said Lot 1 (Wendy's
Subdivision),the following two(2)courses;
3) N 70°32'24" W for a distance of 86.87 feet to a Y2" iron rod foUnd for a point of curvature to the
right;
4) Along said curve to the right, having a delta angle of 13009151", a radius of 437.78 feet, at an arc
length of 96.90 feet pass a /Z' iron rod found and continuing for a total arc length of 100.68 feet,
and a chord which bears N 63°24'49" W for a distance of 100.36 feet to a Mi" iron rod found with
plastic cap, being the most southerly corner of said Lot 1 ( KE. Bastrop Subdivision), same being
the most southwesterly corner of said Lot 1 ( Wendy's Subdivision), 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
(M.E. Bastrop Subdivision), and Lot 'I (Wendy's Subdivision) N 22*131191, E for a distance of
103.11 feet to the POINT OF BEGINNING, containing 0.344 acres (14,966 square feet) of land,
more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS.
COUNTY OF WILLIAMSON §
That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Rbund Rock,Williamson County,Texas,
.s•'9
f
YJl'S
M. 8tephen TrueWale Date za
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor
Inland Geodetics, LLC , , .. ...
Firm Registration No: 100591-00 ��
1504 Chisholm Trail Road, Suite 103 '
Round Rock,TX 78681
EXHIBIT "A
PLAT TO ACCOMPANY PARCEL DESCRIPTION Reissued I
PACE 3 OF 4
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
CI 13*09'51 437. 78' 100.58' 100. 36' N63*24'49"W
(CI) (12°41' ) (437, 46' ) (96.83') (96.63' ) (N629 20'W)
C2 00028'55" 437. 78' 3. 68' 3.68' N57°04' 20"W
(C2) (437.68') (3. 69' ) (3.69' ) (N57*04'21 "W)
r-j
2@3
BROKEN
O C21 �Agt 0 25 50
C`2) ,-----SOVEREIGN HOSPITALITY
GROUP OF
C/ LOT I ROUND ROCK,J_NC. 1,, 50'
R. DOC, NO. 2002056223
M. 620 COMFORT SUITES
SUBDIVISION
CAB. P. SL. 174-175
P.R.W.C.T.
DETAIL "A"
N. T. S.
JAA-C
A
LOT I
LA
0 v Lr
P.O. R.
PARCEL 23
STA, 502466.35
O Ln,
2
236.09' LT 1 0
QQ
�L-OT I
i. Ln
0.874 AC.
ROUND ROCK VIENDY'S SUBDIVISION rn
732 BUILDING, . Lcn CAB. K, -
LC —A — P.R.W. 123
.C.T .
DOC. No. 2009075022 - co
to
0.P.R.W.C. T.; coj
CO
P.0; 13. LQ
0
0
c\j NPARCEL '2 3
V)SII
STA. 502-65.06
II j
130.93' LT
PISCES .FOOD LLC V.
P DOC. NO ,9 542882
ji OPOS 0.P.R.0W.'�C. T.
.
S5.
LOT I Lo
Lu
BLOCK A 6
0. 727 AC. S51.,
� 12' 16"E
M. E. BASTRCip c\j 9. 26'
SUBDIVISION C\j
CAB. FF, SL. 307-308 z
P.R.W.C.T. -
0
........ 0.344 AC.
STA. 504,a2.az
14,966 SO. IF T. 75.66' LT
0
9-0
i 1
Ile z
P4
Or)Ln
i-IL
0.W.
(CI) (N690 25'W 89.25'
C1
N700 32'24"%y 88.87'
(12 1.40'
PROPOSED R.M. 620 BASELINE
5' i 'I-*: --1.1.'t F f'.C 'I
502+00 503+00 566'28'35'E 883.3 504+00 5015tOO
4
t ry
cn
R. M. 620
(80' R.O.W. )YIDTH) Po
In
ul
-.EXISTING R.O.W.
J
INLANDu PARCEL PLAT SHOWING PROPERTY OF
GEODETI CS J PISCES FOOD* LLC ,Texas Department of nansportallon
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLMTRAIL RD,STE.103
ROUND ROCK,TX.78681 SCALE Csi PROJECT COUNTY
PH.(512)238-1200,FAX(5 1" = 50' 0683-01-092 RM 620 WILLIAMSON PARCEL 23
EXHIBIT "A .
ROISSOed 12/04/15
PLAT TO ACCOMPANY PARCEL DESCRIPTION PAGE 4 OF 4
LEGEND
N TXDOT TYPE I CONCRETE MONUMENT FOUND t PROPERTY LINE
'/2" [RON ROD SET 1V1 TXDOT ALUMINUM CAP t 7 RECORD INFORMATION
TO BE REPLACED BY TYPE 11 MONUMENT LINE BREAK
TXDOT TYPE 11 CONCRETE MONUMENT FOUNDr__J LAND HOOK
P.0.B. POINT OF BEGINNING
Y2- IRON ROD FOUND UNLESS NOTED P.O.R, POINT OF REFERENCE
0 1/2" IRON ROD FOUND W/PLAST IC CAP N. T. S. NOT TO SCALE
0 COTTON GIN SPINDLE FOUND WILLIAMSON
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O.R.W.C.T. OFFICIAL RECORDS
60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS
O.P.R.W.C, T. OFFICIAL PUBLIC RECORDS
,6 CALCULATED POINT WILLIAMSON COUNTY, TEXAS
0 !/2" IRON ROD W/ ALUMINUM CAP P.R.W.C. T. PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
1) All beorings Shown hereon ore based on grid bearing, Ali distances are surfoce irilstances. CoordInctes
are surface values based on the Texas State Plane Coordinate System. HAD 83. Cenfroi Zone using 0 combined
surface adjustment factor of 1.0001i.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMVITMLNT FOR IITLE INSURANCE GF No,
9691-14-1033, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE
JANUARY 31, 2014,
1. RESTRICTIVE COVENANTS% CABINET K, SLIDE 123. PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS, SUBJECT TO.
IOE. A PUBLIC UTILITY EASEMENT 5 FEET IN WIDTH ALONG THC FRONT PROPERTY LINC OF THE SUBJECT PROPERTY. AS PER
THE RECORDED PLAT THEREOF, AFFECT'S AS SHOWN.
F. A 10' PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF ROUND ROCK. BY INSTRUMENT IN VDLUME 1500, PAGE 35B
OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED IN CABINET K, SLIDE
123, OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS, DOES NOT AFFECT.
G. TERMS, CONDITIONS, ANO PROVISIONS OF THAT CERTAIN WATER POLLUTION ABATEMENT PLAN, RECORDED IN VOLUME 2204,
PAGE 9a4. OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, suaJECT TO.
H. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN PISCES FODDS, L.P. AND
WENDY'S INTERNATIONAL, INC.. BY THAT CERTAIN MEMORANDUM OF LEASE RECORDED UNDER DOCUMENT No. 2012044347.
OF THE OFFICIAL PUBLIC RECORDS OF 'WILLIAMSON COUNTY. TEXAS, SUBJECT TO.
I TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN SUBLEASE AGREEMENT BY AND BETWEEN 'PENDYS INTERNATIONAL,
AND HAZA FOODS, LLC, BY THAT CERTAIN M:MORANDUM OF SUBLEASE-RECORDED UNDER DOCUMENT NO. 2013117816,
OF INC.i ,
hEOFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS, SUBJECT TO.
OF
9 4
1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOYiLEDGE AND BELIEF AND THAT
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A M STte"r TAU
SURVEY MADE ON THE GROUND UNDER FAY DIRECTION AND
SUPLRV 1510N. 4WA
SU
14�1
?A. 5TEP4N" T�RUE'SDALE DATER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 --AMES SWAHE FEET
LICENSED STATE LAND SURVEYOR ACQUISITION 0.344 14,966
INLAND GEODETICS, LLC
FIRM RECISTRATION NO. 100591-00 CALC/DEED AREA 0,874 38,071
1504 CHISHOLM TRAIL ROAD. SUITE 103
ROUND ROCK, TX 18681 ROAAINDER AREA 0.530 23 105
INLANDu PARCEL PLAT SHOWING PROPERTY OF
U
L)
.1 '1
GEODETICS .5 PISCES FOOD* LLC
J
PROFESSIONAL LAND SURVEYORS
s
504 CHISHOLM TML RD.STE.103
43 EJ�12SI
ROU14D ROCK,TX-�:786811 SCALE CSJ PROJECT COUNTY
2)?35 PARCEL 23
F11-612)233-1200,FAX ES12)?35-12SI 06133-01-092 RM 620 WILLIAMSON
02120/18
Page I of 4
EXHIBIT
County: Williamson
I-11911WAY., R, M.620
LImIts: Deepwood Dr,to 11-135
C9J.- 0683-01-092
PROPERTY DESCRIPTION FOR
REMAINDER OF LOT 11 WENDYPS SUBDIVISION
DESCRIPTION OF A 0.639 ACRE (23,488 SQUARE FOOT)TRAC-1- OF LAND SITUATED IN Ti IE J.K
l-IARRELL SURVEY,ABSTRACT NO, 284, IN WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF
LOT 1. OF THE WENDYS SUBDIVISION RECORDED IN CABINET K SLIDE 123 OF THE PIAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN LIMITED WARRANTY DEED TO
PISCES FOODS, LLC AND RECORDED IN DOCUMENT NO. 9542882 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 0.639 ACRE (23,488 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 6/8"Iron rod found, 236,09 feet left of proposed Ranch to Market (R.M.)620 baseline
station 502+66.35, being In the southerly boundary One of Lot I of the Comfort Suites Subdivision
recorded In Cabinet P, Slides 174-176, of the Plat Records of Willbimon County, Texas, described In
Warranty Deed to Sovereign Hospitality Group of Round Rock, Inc. and recorded in Document No.
2002056223 of the Official Public Records of Williamson County, Texas, same being the northeasterly
corner of Lot 1 of the KE. Bastrop Subdivision recorded in Cabinet FF, Slides, 307-308 of the Plat
Reoords of Williamson County,Texas, described In Special Warranty Deed to Round Rock 732 Building,
LLC and recorded In Document NO. 2009076022 of the Official Public Records of Williamson County,
Texas, also being the northwesterly corner of said Lot 1 (Wendy's Subdivision), for the northwesterly
corner of the herein described remainder tract
I) THENCE, departing said Lot I (KE, Bastrop Subdivision),with the common boundary line of said
Lot I (Wendy's Subdfvislon) and said Lot 1 (Comfort Suites Subdivision), 8 800571051, E for a
distance of 144.05 feet to a 1/2" Iron rod with plastic, cap stamped "Sinclair &Associates" found,
267.38 feet left of proposed R,M. 620 baseline station 504+07.70, being an ell corner In the easterly
boundary line of said Lot I (Comfort Suites Subdivision), same being the northeasterly corner of
said Lot 1 (Wendy's Subdivision), for the northeasterly comer of the herein described remainder
tract"
2) T114ENCH, continuing with said common boundary N)e, 8 11190916311 W for a distance of 104.90 feet
to a 1/2"Iron rod with aluminum cap stamped"TxDOT"found,76.66 feet left of proposed R.M. 620
baseline station 604+42.82, being in the proposed northerly right-of-way (ROW) line of said R.M.
620 (ROW width varies), same being the northwesterly corner of a 0.029 acre tract of land
described in Possession Awl Use Agreement For Transportation Purposes to the Texas
Department of Transportation and the City of Round Rock recorded in DOCUMOnt No. 2017084074
of the Official Public Records of Williamson COL111ty. Texas, for the southeasterly corner of the
herein described remainder tract, and from which a TxDOT alUmIntini cap In asphalt,being a point
of tangency in said proposed northerly ROW line of R.M.620 bears S 51'12'16"1117; at a distance of
9.26 feet;
02/7413 8
Page 2 of 4
3) TI-IENC1 , departing .said common boundary line, through said Lot 1 (Wendy's Subdivision), same
being with said proposed northerly ROW line of R.M. 620, N 51"12116" W for a distance of 136.13
feet to a 1/2_"iron roti with TxD+~T aluminum cap found in the common boundary ling of sald Lot 1
(Wendy's Subdivision) and saki Lot 3 (M.E. Bastrol) SubdiviS1011), for 1110 sautllwostarly corner of
the herein describcd remainder tract,
4) TNENCt , doparting said proposed northerly ROW lino, with said common boundary line,
N 22013119" I'for a distance of 105.17 feet to the POINT OF 13EGINNING.containing 0.539 acres
(23,488 scluaro ford)of land, more or less.
This properly description is accompanied by a soparate Marcel plat.
All bearings recited heroln are based on the Texas State Plane Coorcdirlato System, Central Zone No.
42.03, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN 13Y THESE PRESENTS:
COUNTY SOF WILLIAMSON §
That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and Correct to the gest of my knowledge and belief and that the property descdbed
therein was determined by a survey made on (lie ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rack,Williamson County,Texas.
rence M. Russe � rw Date ►
egistered Professlonal Land Survey r No.5050h"
.� t!i`' �
Inland Geodatics, LLC •� `� , ..,l
Firm Registration No; 100591-00 �a��`-�`•�f t�r P�•• ��t
1501 Chisholm Trall RoadScrite 103cr)b.
Round Rock,TX 78681 { 1.AVfl1111r,,t.!';1,Illy tit
S:1 HaIFRRM6201Par-oelskParce)2�-Pisces f-oodslRemaindor'I-ractlParcel 23-Remainder Trao(.Doc.
EXH I B 1 T
PIAT `ro �.C'C�MPANX PARCM D CRIP'1`ION _ 0z/16/1 e I
PAGE I OF 4
NUMDER DEL TA RAD I US LENGTH CHORD CHORD BEARING
C 1 13'09'51 " 437.78' 100.58' 100.36' N63.24'49'W
(CI) (12'41') (437.46'1 196,63') 196.631) (N62°20'W)
C2 ,dd'28'55" 437.78' 3.68" 3.68' N570041 20"VI "
(C2) 1(437,68') (3.69') (3.691) M57°04'21 "W)
lilt. i�/"t11'�t"{ !� J�, ,►i��I' �
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v� Q SOVEREIGN HOSPITALITY 0 2`) 50
GROUP OF
ROUND ROME. i NC,
I LOT I DOC. NO. 2002056223
. . CI COMFORT SUITES d.P.R.1"1.C.T. r•
0 SUBDIVISION •s11 �.A111
CAB. P. SL. 17A-�1751 AS$OCIATES'
t V1,DETA I `A" ittr.j� r'p'' ��05" a r
N.T.S. }.t ' . :540 � t 4.co STA. 504407.78
0 267.38' LT
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732 BU I LD I N LLC --j Q,$74 AC. (1� K, 'i . 123 , �DOC. NCS. 2009675022� �,,R.�� ,. '' t.o-0
0.P.R.W.C.T. � T.
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p Il �ti P 15CL51 FOODS I.LC
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+,�1 R C7
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z)SUBDIVISIONH . t r IIfi.N KJRIAIIter i>llrNYJ
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t�,�.tr, • ' t` _
-Acv)? rt u- ' (N69-25'W 89.25'
C I N70`32`24�Pr Be.874 40')
PROPOSED I1.Via. 620 9 45E41�HE
Stl!'219'35'E 4$3,35' p pq Flu ',Tall IN u 5p��dOD
502x00 HII ';IATF 0, t 503400 tO.14 All.1
tr.lU til 1 :[!1. '.iFl, I I L'r v
irlll. ,1'S'7, rtil;, t�;1 R.M. 626 li,ter ii,l,(.,
la,r;,ti,t l a IQO' tt,p. , WII)illl o
vi
in
�l f PARCEL PLAT SHOWING PROPERTY OF
I ISI L A N D u
GEODr--TICSi PISCES FOODS* LLC 0, 539 ACo
PROP USIONAL tANu SURVILYORS :7 p488 o I I Q
1504 CHISHOLM TRNL Rol STE.103
ROUND ROCr.TX.78661 SCALE PROJECT COUNTY
LCLMf.(Si2)236-1230.FAXIS12)23a1.1251 1" = 50' liIJ1 620 V1 ILL 1A
IMSON
SP\KHALFF\RM 620\PARCELS\PARCEL 23-PISCES FOOMEMA I NDER TRACT\PARCEL 23_p I SCES V00D-Rr.1 i-c)2 I G 18. dqn
FxIIIDIT ',B
_-...mmmw1
0
PLAT r1
"0 ACCOMPANY PARCEL DESCRIPTION NCEZ4IOF'4
LEGEND
U TXDOT TYPE I CONCRETE MONUMENT FOUND Q PROPERTY LINE
2" IRON ROD SET W1 TXDOT ALUMINUM CAP RECORD INFORMATION
TO BE REPLACED BY TYPE 11 MONUMENT LINE BREAK
L53 TXDOT TYPE 11 CONCRETE MONUMENT FOUND r-,j POINT
Hook �t
P.O.O. POINT QF BEGINNING
V)z" IRON ROD FOUND UNLESS NOTED P.O.R. POINT' OF REFERENCE
0 1J,,x IRON ROD FOUND LY/PLASTIC CAP N.T. 1 S. NOT O SCALE
0 COTTON GIN SPINDLE FOUND D.R.V1.C.T. DEED RECORDS
W I LL I AMSON COUNTY. TEXAS
X X CUT FOUND O,R.W.C.T. OFFICIAL RECORDS
d► CO/D NAIL FOUND WILLIAMSON COUNTY. TEXAS
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
A CALCULATED POINT WILLIAMSON COUNTY, TEXAS
Y211 IRON ROD W/ ALUMINUM CAP P.R.W.C. T, PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY. TEXAS
(UNLESS NOTED OTHERWISE)
CENTER L I NE
II AI I bearings shown twreon are bose+d an grid bearing, All distances are surface dIstances. Coardinuies
are surface values bosed on the Texas State Plane Coordlnata System, NAC 83, contral Zone using o oomt1 1nod
surfooe odJusiment foctvr of 1.00011,
THE. SURVEY SHOWN HEREON �'tAS PREPARED IN CONJUNGT 1 ON V I TH THAT C01A I TMENT FOR TITLE INSURANCE OF NO,
9591-14-1033ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE
JANUARY 31, iO 14.
I. RESTRICTIVE, COVENANTSt CABINET K, SLIDE 123, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO,
10E. A PUBLIC UTILITY EASEMENT 5 FEET IN WIDTH ALONG THE FRONT PROPERTY LINT: OF THE SU84ECT PROPERTY, AS PER
THE RECORDED PLAT THEREOF. AFFECTS AS SHOWN.
F. A 10' PUBLIC UTILITY EASEMENT GRANTED to THE CITY OF ROUND ROCK, BY INSTRUMENT IN VOLUME 1500 PAGE 355
OF THE OFFICIAL. RECORDS OF WILLIAMSON COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED IN CABINET k, SLIDE
123, OF TILE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
G. TERMS, COND I T i ONS. AND PROV I S I ONS OF THAT CERTAIN WATER POLLUTION ABATEMENT PLAN, RECORDED IN VOLUME 2204,
MAGE 984, OF THE OFi:ICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS. SUBJECT TO.
H. TERMS. COND I T i ONS, ANIS PR4V 1 S i ONS OF THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN PISCES FOODS, L.P. AND
VIENDY'5 INTERNATIONAL INC., BY THAT CERTAIN MEMORANDUM OF LEASE RECORDED UNDER DOCUMENT NO, 2012044141,
OF THE OFFICIAL PURLIE RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
1. TERIAS. COND I T I ONS. AND PROVISIONS OF THAT CERTAIN SUBLEASE AGREENENT BY ANO BETWEEN TIENDY'S INTERNATIONAL,
INC., AND HAZA FOODS. LLC, BY THAT CERTAIN MEMORANDUM OF SUBLEASE RECORDED TINDER DOCUMENT NO. 201311TSIG,
OF THE OFFICIAL PURL.I C RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
I IIEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
THE PROPERTY SHOUN HEREIN WAS DETERMINED BY A
SURVEY MADE ON THE GROUND UDDER MY DIRECTION AND
SUPERVISION,
1. WRENCEY RUSS{� DATES
M.
_
`R C i STERED PROFESS I RMAL AND SURVEYOR 1,10. 505D ` SII}�a �:
INLAND GFODET I CS, LLC FYI*"I '� SN"�1..T.
FIRM REGISTRATION NO, I00591-OO f,,,,,.,•}�:
1504 CH I SHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78581
d _ LSC-
RCEL PLAT SHOWING PROPERTY OFI f�1 I,.�► N [3�cccaacTl�sPISCES FOODSo LI_,� p �a ��'9 ���PROFFSTONAL LAND SURVEYO S1504 0115HO;bl TRAIL Ra.5TE.1D3 �,�q
�I�� ��oROUNOROCK,TX,78681 PROJECT COUNTY
i`IL412)238-1200,TA%(5T?3t-It31 FSS G20 ti'JK._LIAMIS(IN
St\KHALFF\Rh1 620\PARCELS\PARCEL 23-PISCES F001D\REP".,A i NDF0 TRACT\PARCEL 73-PISCES FOOD-RIM-0216113.don
EXHIBIT licit
Notice,of Confidentiality)lights: If you are a natural person,you may remove or strife any of the
following information from this instrument before it is flied in the public records: your Social
Security plumber or your Driver's License Number.
Farm ROVV-N=14
(Reny.07113)
Page 1 of 3
DEED
.RM 620 Right of Way
TxDOT IOW CSJ: 0683.01-092
TxDOT Pa reel No.: 23
Grantor(s),whether one or more., PISCES FUDDS,LLC
Grantor's Mailing Address(including county):
1504 W.611'Strut
Austin,Texas 78703-5134
Travis County
Grantee: ME STATE OF TEXAS,acting,by and through the Texas Transportation Convnission
Grantee's Authority:
The Texas Tran5ponation Commission is authorised under the Tomos Transportation Code to purchase land
and such ether property rights(including requesting that counties and municipalities acquire highway right of
way)deemed necessary or convenient to a state highway or turnpike project to be constructed,reconstructed,
maintained, widened, straWacned, or extended, or to accotnnlish any purpose related to the location,
construction, improvement, maintenance, beautification, preservation, or operation of a state highway or
turnpike project.
The Te.xs Transporlation Commission is also authorized under the Texas Transportation Code,Chapter 203
to acquire or request to be acquired such other properly rights deemed necessary or convenient for the
put-poses of operating a state highway or turnpike project,with control of access as necessary to facilitate the
flow of traffic and promote the public sarety and welfare on hath non-controller) facilities and designated
controlled access highways and turnpike projects.
Grantee's Mailing Address(including evunty):
Texas Department of Transportation
Attn: Right of Way Administrator
7901 N.Il-i 35
Austin,Texas 78761
Consideration:
The sum of Two Million Seven Hundred Thirty-Three Thousand five Hundred Seventy-Seven and no/100
Dollars ($2,733,577.00) and ether good and valuable consideration to Grantor in hand paid by the City of
Round Rock,receipt of NOich is hereby acknowledged,and for which no lien is retained,either expressed or
implied.
* 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
detennined 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.07113)
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 "D"
DEED
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
$ECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
N 0 W. THEREFORE, KNOW ALL BY THESE PRESENTS:
I'liat PISCES FOODS, LLC, hereinafter referred to as Grantor, whether one or snore, 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 (the "Property"), being more particularly described as follows:
All of that certain 0.539 acre (23,488 Sq. Ft.) tract of land in the 1M. Flarrell Survey,
Abstract No. 284, Williamson County,Texas; being more fully described by metes and
bounds In Exhibit"A"',attached hereto and incorporated herein(Parcel 2""'
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the Property conveyed herein, to wit:
NONE
RESERVATIONS FROM AND EXCEPTIONS To CONVEYANCE. AND WARRANTY:
Visible and apparent easements not appearing of record;
P
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 lions and conveyances)
presently of record in the Official Public, Atoords 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.
00.39-5962MOC
TO HAVE AND TO IJOLD 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, 'T'exas 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.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2018. '
GRANTOR.-
PISCES FOODS, LLC, a Texas Iiinited liability company
BY NEAR GROUP, LLC, a Texas limited liability
company, its general partner
By.
]'name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on this the clay of
2018, by if' the capacity and for the purposes und-consideration
recited therein.
Notary Public, State of Texas
2.
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.