Contract - Baev-Lasalle Round Rock University Boulevard, LLC - 4/26/2018 (2) REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between BAEV-
LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a Delaware limited liability
company, (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 0.275 acre (11,968 square foot) tract of land 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 5); and
Public Utility Easement interest in and across all of that certain 0.001 acre (50
square foot) tract of land out of and situated in the Ephraim Evans Survey,
Abstract No. 212 in Williamson County, Texas; being more fully described in
Exhibit"B", attached hereto and incorporated herein (Parcel SPUE);
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A"
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, 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 SEVEN HUNDRED FIFTY-SEVEN THOUSAND NINE HUNDRED
THIRTY-EIGHT and 00/100 Dollars ($757,938.00).
19109170-v2-CHASE(5)--contract for Univ.Blvd. r.o.w.(DC 11.16.17 clean)(00390133..
-IV[,-533(
Payment of Purchase Price
2.02. 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 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 Capital Title Company on or before April
305 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"). It is
hereby acknowledged and agreed that, as contemplated in Section 5.02 below, the parties'
respective obligations to proceed to Closing under this Contract are contingent on the delivery of
(a) a recordable instrument, executed by the beneficiary under any mortgage or security
instrument encumbering the Property (a "Mortgage"), releasing the lien of such Mortgage as to
the Property only, and (b) a partial release of lease executed by JPMorgan Chase Bank, N.A.
Accordingly, and notwithstanding anything to the contrary contained in this Contract, in the event
the foregoing contingency is not satisfied on or before the Closing, the same shall not constitute a
default hereunder, and the sole and exclusive remedy of each party to this Contract shall be to
tenninate this Contract by written notice to the other, following which termination neither party
shall have any further rights or obligations hereunder.
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
conveying title in fee simple to all of the Property described in Exhibit "A", and a duly executed
and acknowledged Public Utility Easement conveying such interest to the property described in
Exhibit "B", both free and clear of any mortgage liens, and a partial release of the existing lease
with JPMorgan Chase Bank,N.A..
(2) The Deed shall be in the form as shown in Exhibit "C" attached hereto. The Public
Utility Easement 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
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;
3
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(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.
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
5
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
6
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
[signature page follows]
7
SELLER:
Baev-Lasalle Round Rock University Boulevard LLC, Address: /6 O Pere' ,-
a Delaware limited liability company Flo0 f-
By:
Its:
Date: 2 2Z-:2d
By:
Its:
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Printed Name: W1
Round Rock, Texas 78664
LU �-til�'�
Its:
Date:
7
SELLER:
Baev-Lasalle Round Rock University BoLilevard LLC, Address:
a Delaware limited liability company
By:
Its:
Date:
By ,l
Its: 6'�c�1�i c /k�G 2✓
Date: l Z —�-� ( -
PURCHASER:
CITY OF ROUND ROCK TEXAS
By Address: 221 East Main St.
,� Round Rock, Texas 78664
Printed Name:
Its:
Date: ' 6
7
EXHIBIT"A"
Variable Width Right-of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.275 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.275 ACRE (11,968 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.275 ACRE TRACT BEING A PORTION OF LOT 5A, BLOCK A, REPLAT OF
CHANDLER ROAD RETAIL SUBDIVISION SECTION ONE, FILED ON APRIL 6, 2007,
AND RECORDED IN CABINET DD, SLIDES 72-73 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY,TEXAS (P.R.W.C.T.); SAID 0.275 ACRE TRACT ALSO BEING A
PORTION OF LOT 5A DESCRIBED IN A SPECIAL WARRANTY DEED TO BAEV-
LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, FILED ON JULY 24, 2014,
AND RECORDED IN DOCUMENT NO. 2014058162 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.275 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a found 1/2-inch iron rod with plastic yellow cap (unreadable) for the southernmost
southwest coiner of said Lot 5A, same marking the southernmost southeast coiner of Lot 1, Block A,
University Commons, filed on September 30, 2013, and recorded in Document No. 2013093282,
O.P.R.W.C.T., and being on the northerly right-of-way line (R.O.W.) of University Boulevard (variable
width R.O.W.),for the southernmost southwest corner of the herein described tract;
THENCE North 20°42' 20"West, with the common westerly line of said Lot 5A and the easterly line of
said Lot 1, a distance of 21.34 feet to a 1/2-inch iron rod with aluminum cap stamped "CORR ROW"for
an angle point of the herein described tract,
THENCE traveling across the interior of said Lot 5A,the following seven calls:
1) North 69° 14' 33" East, a distance of 227.46 feet to a set 1/2-inch iron rod with aluminum cap
stamped"CORR ROW"for an angle point of the herein described tract;
2) North 20°42' 30"West, a distance of 1.00 feet to a set 1/2-inch iron rod with aluminum cap stamped
"CORR ROW"for an angle point of the herein described tract;
3) North 69° 14' 33" East, a distance of 134.96 feet to a set 1/2-inch iron rod with aluminum cap
stamped"CORR ROW"for an angle point of the herein described tract;
4) North 32° 16' 14"East, a distance of 37.18 feet to a set 1/2-inch iron rod with aluminum cap stamped
"CORR ROW"for an angle point of the herein described tract;
5) North 15° 42' 30" West, a distance of 27.74 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;
Page 1 of 4
Exhibit"A"continued
Description of a 4.275 acre tract
6) In a Northerly direction, 125.27 feet along the arc of said curve to the left,having a radius of 1,437.00
feet, a central angle of 04° 59' 41", and a chord bearing and distance of North 180 12' 21" West—
125.23 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 point of reverse curvature of a curve to the right;
7) In a Northerly direction,60.35 feet along the arc of said curve to the right,having a radius of 1,038.00
feet, a central angle of 03° 19' 53", and a chord bearing and distance of North 19° 02' 15" West—
60.34 feet to a set mag nail with washer for the westernmost northeast corner of the herein described
tract, said point also being on the common northerly line of said Lot 5A and the southerly line of said
Lot 1;
THENCE North 690 17' 40" East, with the common northerly line of said Lot 5A and the southerly line
of said Lot 1, a distance of 9.50 feet to a cut"X"found marking the northeast corner of said Lot 5A, and
being on the westerly R.O.W. line of Oakmont Drive (having a width of 100 feet), for the easternmost
northeast corner of the herein described tract;
THENCE South 20'42" 01"East, with the common easterly line of said Lot 5A and the westerly R.O.W.
line of said Oakmont Drive, a distance of 223.30 feet to a found 1/2-inch iron rod with yellow plastic cap
stamped"Bury &Partners"for the easternmost southeast corner of said Lot 5A and the herein described
tract, said point also marking the northerly end of a corner clip at the intersection of the westerly R.O.W.
line of said Oakmont Drive and the northerly R.O.W. line of said University Boulevard;
THENCE South 24° 17' 28"West, with the southeasterly line of said Lot 5A and with said corner clip, a
distance of 49.27 feet to a found 1/2-inch iron rod with yellow plastic cap stamped"Bury&Partners"for
the southernmost southeast corner of said Lot 5A and the herein described tract, said point also marking
the southerly end of said corner clip at the intersection of the westerly R.O.W.line of said Oakmont Drive
and the northerly R.O.W.line of said University Boulevard;
THENCE South 69° 17' 52" West, with the common southerly line of said Lot 5A and the northerly
R.O.W. line of said University Boulevard, a distance of 376.39 feet to the POINT OF BEGINNING of
the herein described tract, delineating and encompassing within the metes recited 0.275 acre (11,968
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.
Page 2of4
Exhibit"A"continued
Description of a 0.275 acre tract
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-4859 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, Williamson County,Texas.
OF
...........................
....
Daniel M.Flaherty,R.P.L.S.No. 5004 �DAN(EL M.FLAHERTY
The Wallace Group,A CP&Y Company """""""""""""""'
r "°,p 5004
One Chisholm Trail,Suite 130 .0p 0?�y0
Round Rock,Texas 78681 •S....
Ph. (512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4859 10-29-2015
22824-FN21.doc Date
Page 3 of 4
EXHIBIT "A t '
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.275 ACRE (11,968 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
W
CURVE TABLE LOT 1
BLOCK A
CURVE DELTA LENGTH RADIUS CHORD CHORD BEARING
UNIVERSITY COMMONS o
C1 0459'41" 125.27' 1437.00' 125.23' N 18'12'21" W DOC. NO. 2013093282 X
C2 03'19'53' 80.35' 1038.00' 80.34' N 19'02'15' W O.P.R.W.C.T. z
FILED: SEPTEMBER 30, 2013 F
Cn
N 69.17'40" E — 9.50' SCALE: 1" = 100'
MAG NAIL
H
SET
CUT "X" FOUND
PROPOSED
R.O.W. LINE N
G'L LOT 5A
U
BLOCK A w
LOT 1 REPLAT OF CHANDLER ROAD ,$
BLOCK A RETAIL SUBDIVISION SECTION ONE Ki
CAB. DD, SLD. 72-73 �+
UNIVERSITY COMMONS P.R.W.C.T. A O
DOC. NO. 2013093282 FILED: APRIL 9, 2007 w
O.P.R.W.C.T. _
FILED: SEPTEMBER 30, 2013 BAEV—LASALLE ROUND ROCK
UNIVERSITY BOULEVARD LLC Z�v O
DOC. NO. 2014058162 =t
O.P.R.W.C.T. 01
PROPOSED N 20'42'30' W— 1.00' FILED: JULY 24, 2014 N
R.O.W. LINE Q
N 1542'30" W— 27.74'
N B9' N 32'18'14" E — 37.18'
N 20'42'20" W— 21.34 t4'33" E — 227.48' N 89'14'33" E — 134.98'
EXISTING R.O.W. LINE S 89'17'52" W— 376.39' S 241
-r28" W
1/2 IRON ROD WITH
E PLASTIC YELLOW CAP
a (UNREADABLE) FOUND VARIABLE WIDTH R.O.W. ACQUISITION
UNIVERSITY BOULEVARD 0.275 ACRE (11,988 SQ. Fr.)
N FIELD NOTE (VARIABLE WIDTH R D.W.)
POINT OF
BEGINNING LEGEND
GENERAL NOTES: 0 = FOUND 1/2" IRON ROD WITH PLASTIC
0 M 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. YELLOW CAP STAMPED "BURY k PARTNERS"
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND p = SET 1/2" IRON ROD WITH ALUMINUM CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE. "CORR ROW'
p, 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
3 AL = CALCULATED POINT
v 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
Lo
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
0 (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.R.W.C.T. = OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
a COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
I
�' L WALLACE 0U
engineers arch;tects surveyors ,��OF. J�
} A CP&Y COMPANY
WACO KILLEEN DALLAS ROUND ROCK �•'_ ;N
j
T8PL510051701 1 Chisholm Trail, Suite 130, Round Rock,Texas 78681 (512)248-0065 TBPE F-54 •.• •
CD
DANIEL M.FLAHERTY
o I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT r-: 5004 P:'
o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND -9''•:0 o?•�O
SURVEYS IN THE STATE OF TEXAS. THI 29TH DAY OF _OCTOBER � 2015. �li�••.Ess�...' �
su00
a��
SURVEYED: OCTOBER, 2014 y�
E ANIEL M. FLAHERTY RPLS NO. 50 4 OF 4
w 0 100 200 PLAT N0. A—�5g DRAFt DTE 10-29-2015 DRAWN BY TAB
SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 190/35 TAB # A--4859
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 23824—FN21
EXHIBIT`
5'x 10' Public Utility Easement
METES AND BOUNDS DESCRIPTION
OF A
0.001 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.001 ACRE (50 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.001 ACRE TRACT BEING A PORTION OF LOT 5A, BLOCK A, REPLAT OF
CHANDLER ROAD RETAIL SUBDIVISION SECTION ONE, FILED ON APRIL 6, 2007,
AND RECORDED IN CABINET DD, SLIDES 72-73 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY,TEXAS (P.R.W.C.T.); SAID 0.001 ACRE TRACT ALSO BEING A
PORTION OF LOT 5A DESCRIBED IN A SPECIAL WARRANTY DEED TO BAEV-
LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, FILED ON JULY 24, 2014,
AND RECORDED IN DOCUMENT NO. 2014058162 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.001 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at a found 1/2-inch iron rod with plastic yellow cap(unreadable)for
the southernmost southwest corner of said Lot 5A, same marking the southernmost southeast corner of
Lot 1, Block A, University Commons, filed on September 30, 2013, and recorded in Document No.
2013093282, O.P.R.W.C.T., and being on the northerly right-of-way line (R.O.W.) of University
Boulevard(variable width R.O.W.);
THENCE North 630 37' 57" East, traveling across the interior of said Lot 5A, a distance of 228.58 feet
to the southwest corner and POINT OF BEGINNING of the herein described tract;
THENCE continuing to travel across the interior of said Lot 5A,the following four calls:
1) North 20° 42' 30" West, a distance of 5.00 feet to a calculated point for the northwest corner of the
herein described tract;
2) North 69° 14' 33" East, a distance of 10.00 feet to a calculated point for the northeast corner of the
herein described tract;
3) South 20° 42' 30" East, a distance of 5.00 feet to a calculated point for the southeast corner of the
herein described tract, and from which a 1/2-inch iron rod with yellow plastic cap stamped "Bury &
Partners" found marking the southernmost southeast corner of said Lot 5A bears North 78° 31' 36"
East,at a distance of 140.75 feet;
THENCE South 690 14' 33" West, a distance of 10.00 feet to the POINT OF BEGINNING of the
herein described tract, delineating and encompassing within the metes recited 0.001 acre (50 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.
Page 1 of 3
Exhibit"A"continued
Description of a 0.001 acre tract
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 I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4860 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,Williamson County,Texas.
C STS
R.
�,.•'e� o'9N
Daniel M. Flaherty,R.P.L.S.No. 5004 DANIEL M:.FLAHERTY
The Wallace Group,A CP&Y Company r 5004
One Chisholm Trail, Suite 130 `9,jFS S\o`��y0
;�F
Round Rock,Texas 78681 . URv�
Ph. (512)248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4860 10-29-2015
22824-FN22.doc Date
Page 2 of 3
EXHIBIT 11"
(5'x 10 ' PUBLIC UTILITY EASEMENT )
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.001 ACRE (50 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
w
LOT 1 z
LINE TABLE BLOCK A
3
LINE BEARING DIST. UNIVERSITY COMMONS
L1 N 6337'57' E 228.58' L3 DOC. NO. 2013093282
P.O.B. O.P.R.W.C.T.
L2 N 20'42'30" W 5.00' t FILED: SEPTEMBER 30, 2013 F
L3 N 69'14'33" E 10.00' J N
1-4 S 20'42'30" E 5.00' L6 'E
L5 N 78 31'36" E 140.75' „ ,
L6 S 69"1433
' ' W 10.00'
L7 SCALE: 1 = 100
L7 N 20'42'30" W 1.00' DETAIL eA�� CUT "X" FOUND
.� N.T.S.
LOT 5A
BLOCK A
of 44
REPLAT OF CHANDLER ROAD z
LOT 1 RETAIL SUBDIVISION SECTION ONE :
G BLOCK A CAB. DD, SLD. 72-73 3 C4
Q P.R.W.C.T. o q
DOC. NO. 20130 3282 FILED: APRIL 9, 2007 8
�Q Q► O.P.R.W.C.T. BAEV-LASALLE ROUND ROCK Cn
FILED: SEPTEMBER 30, 2013UNIVERSITY BOULEVARD LLC a O O
DOC. NO. 2014056162 O
FIELD NOTE O.P.R.W.C.T. a
BEGINNING FILED: JULY 24, 2014
FOR SEE O
REFERENCE L3 DETAIL "A"
1/2" IRON ROD WITH
PLASTIC YELLOW CAP PROPOSED R.O.W. LINE L4
(UNREADABLE) FOUN _1
L5,
EXISTING R.O.W. UNE
L6
E FIELD NOTE 5'x10' PUBLIC UTN.ITY EASEMENT
UNIVERSITY BOULEVARD POINT OF 0.001 ACRE (50 SQ. Fr.)
(VARIABLE WIDTH R.O.1V) BEGINNING
I
LEGEND
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GENERAL NOTES: O = FOUND 1/2" IRON ROD WITH PLASTIC
rn 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. YELLOW CAP STAMPED "BURY & PARTNERS"
0 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND 0 = SET 1/20 IRON ROD WITH ALUMINUM CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE. "CORR ROW"
EP 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. ® = CALCULATED POINT
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
w 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
0 (CENTRAL ZONE, NAD83) WHICH IS BASED ON LOCA'S CENTRAL TEXAS GPS O.R.W.C.T. — OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
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a¢ COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
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WACO KILLEEN DALLAS ROUND ROCK ...
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TBPLS 10051701 1 Chisholm Trail, Suite 130,Round Rock,Texas 78681 1 (512)248-0065 TBPE F-54 DANIEL M.FLAHERTY
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o I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT5004
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THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND yp...0 o�' 0
SURVEYS IN THE STATE OF TEXAS. THIS THE 29TH DAY OF OCTOBER 2015.
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SURVEYED: OCTOBER, 2014 '
ANIEL M. FLAHERTY RPLS N0.Z5W::f'
3 OF 3
w 0 100 200 PLAT N0. A-4860 DRAFT DATE 10-29-2015 DRAWN BY TAB
0 SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 190/35 TAB # A-4860
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 23824—FN22
EXHIBIT "C"
Parcel 5
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 MEN BY THESE PRESENTS:
That BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a Delaware
limited liability company, 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 0.275 acre (11,968 square foot) tract of land 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 5).
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.
00382064.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 claim the salve or any part thereof.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2017.
GRANTOR:
Baev-Lasalle Round Rock University Boulevard LLC,
a Delaware limited liability company
By:
Printed Name:
Its:
2.
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 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.
EXHIBIT "D"
University Blvd.—Parcel 5PUE
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a
Delaware limited liability company, and its successors and assigns, ("Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated
in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which
is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights
and interests in the nature of a perpetual public utility easement and right-of-way in, upon, over,
under, above and across the following described property,to-wit:
All of that certain 0.001 acre (50 square foot) tract of land 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 5PUE);
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to-wit: electric
transmission and distribution lines, telecommunication and cable television lines, water lines,
natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and
related equipment, stormwater lines, drainage systems and underground drainage structures, all
necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and
collection facilities, drainage pipes and all other subsurface drainage structures, and any
necessary accessories, or operations.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00382065.DOCX
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
easement, including the right to build and use the surface of the easement for private streets,
roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided
Grantor shall not erect or construct on the easement any building or other structure such as a
patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the
easement, or diminish or substantially add to the ground cover over the facilities. Grantee shall
not be responsible or liable for the removal, repair or damage to any property, structure, building,
or other use inconsistent with the rights conveyed to Grantee by the easement; provided,
however, before constructing any improvements, at least ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the easement,
and Grantor must first obtain the consent and approval from Grantee of the construction and
location of any improvements within the easement.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
It is understood and agreed that any and all equipment and facilities placed upon said
property by Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility easement for the purposes stated
herein.
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TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for snaking connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2017.
(signature on following pages)
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GRANTOR:
BAEV-LASALLE ROUND ROCK UNIVERSITY
BOULEVARD LLC, a Delaware limited liability
company
By:
Printed Name:
Its:
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 2017, by , known by me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of and on behalf of said entity and in the capacity and for the
purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of
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