Contract - Walton Cotton Revocable Trust, Startex Equipment, Stacy Oliver - 5/10/2018 REAL ESTATE CONTRACT
RM 620 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between THE
WALTON COTTON REVOCABLE TRUST, dated January 21, 2011, STARTEX EQUIPMENT,
LTD., and STACY OLIVER, (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 0.086 acre (3,730 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 25); and
All of that certain 0.430 acre (18,714 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 25R);
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 total 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 ONE MILLION SEVEN HUNDRED SEVENTY THOUSAND
AND NINTEY-SIX and 00/100 Dollars ($1,770,096.00).
The total purchase price as set out in 2.01 above shall be allocated among the Seller parties
as follows at Closing:
00401063.DOC
R.'10(€)
a. Startex Equipment Ltd. and Stacy Oliver: $955,852 (54%of total)
b. The Walton Cotton Revocable Trust: $814,244 (46% of total)
2.02. The total Purchase Price for the portion of the Property described in Exhibit "B"
shall be the sum of FOUR HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED
FORTY-SIX and 00/100 Dollars($473,146.00).
The total purchase price as set out in 2.02 above shall be allocated among the Seller parties
as follows at Closing:
a. Startex Equipment Ltd. and Stacy Oliver: $255,499 (54% of total)
b. The Walton Cotton Revocable Trust: $217,647 (46% of total)
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.
2
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Intentionally deleted.
4.02. This transaction is being entered into under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
May 20th, 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) Startex Equipment, Ltd. and Stacy Oliver shall deliver an executed TxDoT Site
Cleanup and Indemnity Agreement in the form as shown on Exhibit "E" attached hereto. Walton
Cotton Trust shall have no liability or obligations with respect to the TxDoT Site Cleanup and
Indemnity Agreement, the underground storage tanks located on the property, any environmental
3
cleanup required now or at any time in the future. Startex Equipment, Ltd. And Stacy Oliver shall
bear sole responsibility, liability and obligation with respect to any environmental liability, cleanup
or other site cleanup required by City, TxDoT, or any other governmental entity or regulation.
Nothing in this contract shall be construed to alter or revoke any prior agreements between Sellers
or provisions of the existing lease between Sellers.
(4) 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
(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".
(5) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(1) 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:
4
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
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.
5
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
6
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.
SELLER:
The Walton Cotton Revocable Trust, dated January 21, 2011
f
By: d'�- Oeg- a'v Address: l Z G'> t�G n1
� t1 rQ.
Name: W A LTDAi Co FrOg Re ►lDci SLE 'Misr MA egL.E F /Is, 73( 736.54--
Its: / /?a s 7" 6—
Date: 51 1 Z./ j ,
7
SELLER:
STARTEX EQUIPMENT,LTD.
By: ()LLQJth&. S �,7Qddress:
ita Qi;�pT� ,L "L r� �J
By: i/iCap.) QG/Pee—
Name:
Date:I/AA-PS/
/iA
Stacy o ,f
aDate: I
/L-**-*/
PURCHASER:
CITY OF ROUND ROC , TEXAS
By: Address: 221 East Main St.
Craig organ, ayor Round Rock, Texas 78664
Date: 9 •(0 •14
9
Reissued 01/27/17
Page 1 of 4
EXHIBIT A
County: Williamson
Highway: R. M. 620
Limits: Deepwood Dr. to 1H 35
CSJ: 0683-01-092
PROPERTY DESCRIPTION FOR
PARCEL 25
DESCRIPTION OF A 0.086 ACRE (3,730 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
THAT CALLED 0.525 ACRE TRACT OF LAND CONVEYED TO THE WALTON COTTON REVOCABLE
TRUST BY INSTRUMENT RECORDED IN DOCUMENT NO. 20/1005529 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.086 ACRE (3,730 SQUARE FOOT) PARCEL
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a '/2" iron rod set stamped "Inland 4933", 281.71 feet left of proposed
Ranch to Market (R.M.) 620 baseline station 504+30.56, in the easterly boundary line of 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 an
angle point in the westerly right-of-way (ROW) line of the south bound frontage road of I.H. 35, being the
northwesterly corner of said 0.525 acre tract;
THENCE, with the common boundary line of said Lot 1 and said 0.525 acre tract, S 11°09'53" W for a
distance of 217.58 feet to a 1/2" iron rod with TxDOT aluminum cap set, 67.68 feet left of proposed R.M.
620 baseline station 504+69.69, in the curving proposed northerly ROW line of R.M. 620, (ROW width
varies), for the most northwesterly corner and POINT OF BEGINNING of the herein described parcel;
THENCE, departing said easterly boundary line of Lot 1, through the interior of said 0.525 acre tract,
with said proposed northerly ROW line, the following two(2) courses:
1) Along a curve to the left, having a delta angle of 05°17'55", a radius of 483.00 feet, an arc length of
44.67 feet, and a chord which bears S 56°04'54" E for a distance of 44.65 feet to a '/2" iron rod with
TxDOT aluminum cap set (to be replaced with a TxDOT Type 11 monument), 58.00 feet left of
proposed R.M. 620 baseline station 505+13.86, for a point of curvature to the left;
2) Along said curve to the left, having a delta angle of 01°41'15", a radius of 2,152.00 feet, an arc
length of 63.38 feet, and a chord which bears S 69°52'21" E for a distance of 63.38 feet to a W
iron rod with TxDOT aluminum cap set(to be replaced with a TxDOT Type II monument), 58.00 feet
left of proposed R.M. 620 baseline station 505+78.95, being the westerly ROW line of said IH 35,
same being the easterly boundary line of said 0.525 acre tract, for the most northeasterly corner of
the herein described parcel, and from which a 60D nail found, being an angle point in said existing
westerly IH 35 ROW line, same being the most northeasterly corner of said 0.525 acre tract bears
N 00016'00" E at a distance of 253.80 feet;
Reissued 01/27/17
Parcel 25 Page2of4
3) TBENCE, departing said proposed northerly ROW line, with the common boundary line of said |H
35 ROW and 0.525 acre tract, S D0"1�'00" W for a distance of 31 B� feet to a calculated point
'
being the intersecting point of the existing curving northerly ROW line of R.M. 620, (80' ROW width)
and said I.H. 35 ROW, same being the most southeasterly corner of said 0.525 acre tract, for the
most southeasterly corner of the herein described parcel, and from which a TxDOT Type II
monument found bears 800"1O'O0^VVatadistance of4.D8feet;
THENCE, departing said !H 35 ROW line, with said existing northerly ROW line, same being the
southerly boundary line of said 0.525 acre tract, the following two(2)courses:
4) Along a curve to the right, having a delta angle of 03"10'0O". a radius of 1,889.80 feet, an arc
length of 103.34 feet, and a chord which bears N 72"08'08" W for a distance of 103.33 feet to a
calculated point of tangency;
5) N 70°32'24" W for a distance of 7.26 feet to a calculated point, being the most southeasterly corner
of said Lot 1, same being the most southwesterly corner of said 0.525 acre tnact, for the most
southwesterly corner of the herein described parcel;
6) THENCE, departing said existing northerly ROW line,with the common boundary line of said, Lot 1,
and said 0.525 acre tract, N 11"08'53" E at a distance of 0.45 feet pass a %2" iron rod found and
continuing for a total distance of 45.35 feet to the POINT OF BEGINNING, containing 0.086 acres
(3.73Osquare feet)ofland, more orless.
Control of Access Clause:
Access will be prohibited across the 'Access Denied Line' from the remainder property abutting R.M. 620,
extending from a point at the beginning of call 1 to the and of call 2.
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 I, 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.
EXHIBIT " A "
PLAT TO ACCOMPANY PARCEL DESCRIPTION Ret ssuedf 01/27/17'
•
PAGE 3 OF 4 !!
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING £
C I 05° 17'55" 483.00' 44. 67' 44. 65' 556°04'54"E
C2 01°411' 15" 2152.00' 63. 38' 63. 38' S69°52'21 "E
C3 03° 10'00" 1869. 86' 103. 34' 103. 33' N72°08'09"W 14
(C3) (03° 16' ) (1869.9' ) (106. 68' ) (N70°49'30"W) ._
C4 02° 13'4 I " 483.00' 18. 78' 18. 78' N52° 19'05'W
} . s��� BROKEN 0 25 50
s i
0,1 !4 \"---„,,.-SOVERE.I GN HOSPITALITY 4'�( A <,4. -
, V• `5 l
�' GROUP OF �� t�`'oi� 1 50
'! ROUND ROCK, INC, �``•°
LOT I DOC, NO. 200?056223��, • ' F! ,t,3y i,t,)/ i `,:;i i r ," f
,If r ,e 1r i. i
COMFORT SUI TES 0, P.R.W. C. T. 1 Py O R I ,,,•. ,,;-
' P.O. R. Al 1 . i I'l 1t, / /\:(7, / c._f 1,
SUBDIVISION --,:l'• \ PARCEL 25
CAB. P. SL. 174-175 - I STA, 504+30.56
P.R.W.C.T. st , 3
-- '5 9 Aa ` t ,: ` ` ?`l_O1 I ,, o y
1 tr — 0� P EXISTING .
A
rn 1~i��` ` ° R.0.W.
t1 1 N °
>a 11 ,
E'•O. R. ,,t� i o 1-
iL - / 0
y; i
PARCEL 25 \', ' 1, 111 r,, i SOo° 16'00"W
STn, 504+30.56 0 �X0`' G �� t< y 11 � crs \J` 4.08'
281.71' LT wt,-- .0. 3a 1; ` i '.� c N 2
LOT I .$,o (SB la
1. \ 1 t �, _ c� o
C PA t1 , - w ° DETA IL „B„
1 N
\ sg3°°026 ,�� ?� \4?SN ,^S 6, NI T. S°
k: °
1 A C 1 ,„ --3 0
\ 1, \t, S!. -4 a
1.--• v ',, ,.` THE WALTON COTTON N
DETAIL "A" I..OT I 'i; \'�\ r`s` REVOCABLE TRUST u1 ��
N.T. S. ":.a.874 AC. i `t ' (0.525 AC. ) `d, r0
!° `i, !, it '�`i DOC. NO, 201 1005529 o i 9,s
11 PPOP0 \ WENDY'S '•SI)BD I V 1 S 1 ON tF I `3, ,t� t_ ; ;i J
R•F1,pi;i . CAB. K; ',SL. 123 �i `1
P.R,4�'+�;:C. T. :, lt: A \ P.0. B.
1,‘ `, %1 ;` REL 2 5 , , k
PAC 4
',s '1. I) _i 1 STA. 504+69.69 \ A
J '1 '; 1 67,68' LT
! Pf{OFOSED rR,ti, 620 BASEL INE ..;' •. ,'t', s{ I j1
P I STAT I O I : 506+6I.32 ! 1 �j :'�z STA. 505+•13.86 ` ; y
1 PELTA = 08° 44` 04' (LT) •'1 s ' _ ;STA. 505+7$.95 w
r,' t 58.00 L T
_ DEGREE OF CURVE = 02' 35' 33' (e' ..... Q..,9 1
;:. _ !1 t 58 00' LT
TANGENT 168.78 A ,
, f RAD I,,Tri = 336.*0 t 1 o ,
LENGTH G I C2 ,
11 iD
Us 22 i o,ao ii :,,
k�:..I PC STATION, = 504+92.55 y t 25 'P �.
I
PT`STAT ION1( i;e\508+29.45 i) r^'. 1 \/ °'i
11 �rI1 t a/ {
l P,C. I; `I?. I. P.T. `,�' ,; 0,086 AC. s(
1 X=312998'12848 I X=3130;141',;2941 X•3130305.8858 �`, l;`, \��f••• (,) S, 730 SO. FT.k; a+�. I,.
'1 10160295.0466 11 Y=10160233.1239 Y=10160105.7621
j- 1 (g:-. )
�•_„ T I
49----EX r ST r NG R.0.1'1, ,
• SEE DETAIL „C.
PROPOSED R.M. 620 BASEL I VE N I I°09`53"E
__._ $68°28'35"E 863.35' 'n ' 11 0. 45'
\\
503+00 504+00 i €t r%: u7 ti05+00 t f s —1 ',,; I ',, !
N
r 1 s' "' (L2) EXISTING
NUMBER DIRECTION DISTANCE C7
- - L2 � R.O.W.
111 (s,(1 I r;'1 ,I ,
1.1 500° 16'00"W 31. ss' R. M. 620 f = 1 ',
(00' R.O.W. MOTH) ,,, R. M 620
L2 N70° 32' 24"W 7. 26' �., -
(l._2) (N69° 13'W) (7. 3' )
r
L3 N11'09' 53"E 45. 35' ,W-_...--- .. EX17r
5NG fH2O.W. t' DE1 A I L "C"
_.. __m... N. T.5.
- I PARCEL PLAT SHOW I NG PROPERTY OF
iNLllECU
THE WALTON COTTON
Gf�O E TICS MUST
ex�s 13e��t�rfinerri pf 7 rfspnrtratfon
REVOCABLE
PROFESSIONAL.LANE)SURVEYORS ,w
1504 CHISHOLM TRAIL RD.STE.103
a ROUND ROCK, 1X 78681 SCALE CSJ it PROJECT COUNTY PARCEL 25
PIS.(512)238-1200,FAX{512)238-1251 - I „ _. 50, 0683-01-092 IN 620 WILL 1 AMSON
EXHIBIT " Ai.
' 4A'! . • AC ,.I . , ' i 1 ' 7— 0 Reissued' Of/27/17
PAGE 4 OF 4
LEGEND
NI TXDOT TYPE I CONCREI`E MONUMENT FOUND R PROPERTY LINE
[g i/2" IRON ROD SET WI TXDOT ALUMINUM CAP ( ) RECORD INFORMATION
TO BE REPLACED BY TYPE II MONUMENT + LINE BREAK
r.--.1 LAND HOOK
Q TXDOT TYPE: II CONCRETE MONUMENT FOUND
0 V2" IRON ROD FOUND UNLESS NOTED --III— ACCESS DENIED LINE
tv2" IRON ROD FOUND W/PLASTIC CAP POINT OF BEGINNING
P.O.B.P,O. R. POINT OF REFERENCE
A COTTON GIN SPINDLE FOUND N. T, S. NOT TO SCALE
X X CUT FOUND D. R.W,C. T. DEED RECORDS
A
60/B NAIL FOUND WILLIAMSON COUNTY, TEXAS
O.R,4`r,C. T. OFFICIAL RECORDS
A CALCULATED POINT WILLIAMSON COUNTY, TEXAS
Il " IRON ROD 4`r/ ALUMINUM CAP O,P, R.W. C. T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
STAMPED "TXDOT" SET P. R.W, C. T. PIAT RECORDS
1 (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS
1 .. CENTER LINE
1
I) All bearings shown hereon ore based on grid bearing. All distances are surface distances. Coordinates
are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1035, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE
JANUARY 31, 2014.
10. NOTHING TO ADDRESS IN SCHEDULE B.
f
?ka
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT " ^ ,i.J
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT 0.2,4*axram,ea,ct s,,,'.,Ax,texsa
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A `(' M SIR'it4J 1lfilihr=)MJ
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND ,4,t%,t,$`,...,'i"",°' `* 1.4
SUPERVISION, a •,• . #"
--- -) 4 /61/10e- y
i r
:14,10
/Y
(if
.f€ V(//VA-€1,6,...{ F' ' j.,frj 1,,7„
jgg "-"'.4-,,,'*).VW'''
'°),.y„+} 'Ns....
M. STEPHEN RUESDAI_I; DATE'
REGISTERED PROFESS 1 ONA1. LAND SURVEYOR NO. 4933 _.._._._.__._........__..__..._.__-ACHrs.._._.._t-.._..'h�?E:Fk I.._
LICENSED STATE LAND SURVEYOR ACQUISITION 0.086 3,730
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 0.525 22,869
1504 C H I SHOLM TRAIL ROAD, SUITE 103
i
ROUND ROCK, TX 78681 REMAINDER AREA 0.439 19, 139
fROSFkJY ()f- s 4 .
w; :.__. ,, I'l�f�C( I.. PI.��fSHOW I NG � c�
INLAND ()
FQ C STI -, ! ,THE WA L TON cU T. I'VN 'mxas Depnnirnent of Thmspartat!on
d ll lB .E TRUST
PRQFF`SSICFNAF.F.JiND SURVEYORS
1504 CHISF1OLM'TRAIL RD.STC.103
ROUND ROCK,TX.78681 SCALE CSJ :' PROJECT COUNTY PARCEL 25
PH.(512)238-1200,FAX(512)238-12s1 , I „ = so, 0683-0 I-092 RM 620 WILLIAMSON F
05/04/17
Page 1 of 3
EXHIBIT B
County: Williamson
Parcel: Cotton Remainder Tract
Highway: R.M.620
PROPERTY DESCRIPTION FOR WALTON COTTON
DESCRIPTION OF A 0.430 ACRE (18,714 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JM HARRELL SURVEY,
ABSTRACT NO.284, IN WILLIAMSON COUNTY,TEXAS,BEING A PORTION OF THAT CALLED 0.525 ACRE TRACT OF LAND
CONVEYED TO THE WALTON COTTON REVOCABLE TRUST BY INSTRUMENT RECORDED IN DOCUMENT NO.2011005529
OF THE OFFICIAL PUBLIC RECORDS OF WILLIMSON COUNTY,TEXAS, SAID 0.430 ACRE (18,714 SQUARE FOOT)TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" capped iron rod set stamped 'Inland 4933", in the common boundary line of Lot 1 of the Comfort Suites
Subdivision recorded in Cabinet P,Slides 174-175,of the Plat Records of Williamson County,Texas,and the existing westerly right-
of-way(ROW) line of the south bound frontage road of I.H. 35 (right-of-way width varies), being the most northwesterly corner of
said 0.525 acre tract,for the most northwesterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE,departing the easterly boundary line of said Lot 1,continuing with said westerly existing I.H.35 ROW line,same
being the northerly boundary line of said 0.525 acre tract,S 83°26'34" E at a distance of 1.10 feet pass a TxDOT Type I
monument found and continuing for a total distance of 55.98 feet to a 60D nail found, being the northeasterly corner of
said 0.525 acre tract, same being an angle point in said existing ROW line, for the northeasterly corner of the herein
described tract;
2) THENCE, with said existing westerly IH 35 ROW line, same being the easterly boundary line of said 0.525 acre tract,
S 00°16'00"W for a distance of 253.80 feet to a 1/2"iron rod with TxDOT aluminum cap set,(to be replaced with a TxDOT
Type II monument), 58.00 feet left of proposed R.M.620 baseline station 505+78.95, being the proposed northerly ROW
line of R.M.620,(ROW width varies),for the southeasterly corner of the herein described tract;
THENCE,departing said existing westerly IH 35 ROW line,with said proposed northerly ROW line,through the interior of said 0.525
acre tract,the following two(2)courses:
3) Along a curve to the right, having a delta angle of 01041'15", a radius of 2,152.00 feet, an arc length of 63.38 feet,and a
chord which bears N 69052'21"W for a distance of 63.38 feet to a calculated point inside of a building, 58.00 feet left of
proposed R.M.620 baseline station 505+13.86,for point of compound curvature;
4) Along said curve to the right,having a delta angle of 05°17'55",a radius of 483.00 feet,an arc length of 44.67 feet,and a
chord which bears N 5600454"W for a distance of 44.65 feet to a'A"iron rod with TxDOT aluminum cap set,67.68 feet
left of proposed R.M. 620 baseline station 504+69.69, being in the common boundary line of said Lot 1 and said 0.525
acre tract,for the most southwesterly corner of the herein described tract;
5) THENCE, departing said proposed ROW line, with the common bounder,/ line of said Lot 1 and said 0.525 acre tract,
N11009'53"E for a distance of 217.58 feet to the POINT OF BEGINNING,containing 0.430 acres(18,714 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 I, 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.
WITNES MY7 D Alp SEAcat-Rallad Rock,Iiillijimson County,Texas.
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Registered Professional Land Surveyor No.4933 1 t'LZ ,,t!,1.1YEsot-E
Licensed State Land Surveyor
Inland Geodetics,LLC
Firm Registration No:100591-00
1504 Chisholm Trail Road,Suite 103
Round Rock,TX 78681 :451.-4 S UTA:>e)
SLHALFRRM 620\PARCELS\PARCEL 25-WALTON COTTON\REMAINDER-TRACTWalton-Cotton-REMAINDER.doc
_= EXHIBIT ^ 13
PLAT TO ACCOMPANY PARCEL DESCRIPTION os^m//r
PAGE z OF x
NUMBER! DEL LENGTH — CHORD CHORD BEAR
- -___-
c| 0|~ 4| ' |5^ 2152. 0O' 63. 38' 6]. ]8' w69~52'2/ ^W
C2 05~ |7' 55^ 483. 00' 44. 67' 44. 65' w56^04'54^W 14
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LLAT 'tO ACCOMPANY PARCEL DESCRIPTION 05/04/17
PAGE 3 OF 3
LEGEND
■ TXDOT TYPE I CONCRETE MONUMENT FOUND R PROPERTY LINE
® 1/2" IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION
TO BE REPLACED BY TYPE I1 MONUMENT y'— LINE BREAK
N LAND HOOK
flij TXDOT TYPE II CONCRETE MONUMENT FOUND P.O.B. POINT OF BEGINNING
♦ 1/2" IRON ROD FOUND UNLESS NOTED F.O.R. POINT OF REFERENCE.
C) 1/2" IRON ROD FOUND `,'/PLASTIC CAP N. T. S. NOT TO SCALE
D. R.W. C.T. DEED RECORDS
0 COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O. R.W.C. T. OFFICIAL RECORDS
A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS
O. P.R. W. C, T. OFFICIAL PUBLIC RECORDS
L1 CALCULATED POINT WILLIAMSON COUNTY, TEXAS
Q I/2" IRON ROD W/ ALUMINUM CAP P. R.W.C. T. PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
I) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates
are surface values based on -she Texas State Plane Coordinate System, NAC 83, Central Zone using a combined
surface adjustment factor of 1.00011,
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GE NO.
9691-14-1035, ISSUED BY TEXAS AMERICAN TITLE COMPANY, LFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE
JANUARY 3 1, 2014.
10, NOTHING TO ADDRESS IN SCHEDULE B.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE HSI OF MY KNOWLEDGE AND BELIEF AND THAT .. 5 OF
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A " .,.'��'.,.. + "
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND F c 5- L"'"E
SUPERVISION. >'. 4, r ,,st
il ''''). tem '''''''' *- M.STEPHEN T U SD
t
M. STEPHEN TRUESDALE_.-....__._ DATE °'�+'eSs '°� ,
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
_................----_ PARCEL PLAT SHOWING PROPERTY OF
I N L A N c u THE VEAL TO( COTTON
/ GEoDrlls REVOCABLE TRUST 0. 430 AC.
PRVOrS
1 504 CHISHOLM TRAIL RD.STE.103 _ SCALETF'R O U E T r t t,,l a t T
ROUND ROCK,TX.78681COUNT Y
PH.(5121238-1200,Fay(5Iz)236 I25I I = so' RM 620
WILLIAMSON
Si\•HALFF\RM 620\PARCELS\PARCEL 25-WALTON COTTONRREUAINOER-TRACT\PARCE.L 25-WALTO4 COTTON-05O417-REMAINDER.do
EXHIBIT "C"
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.
ti
Dc Texas ari nt
pf Ebro y7littab.
Form ROW-N-14
(Rev.07/13)
Page 1 of 5
DEED
RM 620 Right of Way
TxDOT ROW CSJ: 0683-01-092
TxDOT Parcel No.: 25
Grantor(s), whether one or more: THE WALTON COTTON REVOCABLE TRUST, DATED JANUARY 21,
2011, STARTEX FIRST EQUIPMENT,LTD.,and STACY OLIVER
Grantor's Mailing Address(including county):
COTTON
1208 Pecan Drive
Marble Falls,Texas 78654
Burnet County
STARTEX
919 Congress Avenue, Suite 200
Austin,Texas 78701
Travis County
OLIVER
919 Congress Avenue, Suite 200
Austin,Texas 78701
Travis County
Grantee: THE STATE OF TEXAS,acting by and through the Texas Transportation Commission
Grantee's Authority:
The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land
and such other 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, straightened, or extended, or to accomplish any purpose related to the location,
construction, improvement, maintenance, beautification, preservation, or operation of a state highway or
turnpike project.
The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203
to acquire or request to be acquired such other property rights deemed necessary or convenient for the
purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the
flow of traffic and promote the public safety and welfare on both non-controlled facilities and designated
controlled access highways and turnpike projects.
* N1 4*
Form ROW-N-14
(Rev.07/13)
Page 2 of 5
Grantee's Mailing Address(including county):
Texas Department of Transportation
Attn: Right of Way Administrator
7901 N.IH 35
Austin,Texas 78761
Consideration:
The sum of One Million Seven Hundred Seventy Thousand and Ninety-Six and no/100 Dollars
($1,770,096.00) and other good and valuable consideration to Grantor in hand paid by the City of Round
Rock, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or
implied.
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"),and any improvements thereon.
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 under 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:
Masonry Building, Metal Canopy, MPD Fuel Dispensers. Grantee shall further be allowed to enter the
remaining property of Grantor solely for the purpose of demolishing and removing the improvements
described herein which are bisected by this acquisition.
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
Form ROW-N-14
(Rev.07/13)
Page 3 of 5
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.
This Deed is being delivered in lieu of condemnation.
EXECUTED on the date(s)of acknowledgement indicated below.
GRANTOR:
THE WALTON COTTON REVOCABLE TRUST,
DATED JANUARY 21,2011
By:
Printed Name:
Its:
Acknowledgement
State of Texas
County of
This instrument was acknowledged before me on the day of ,2018 by_
,in the capacity and for the purposes and consideration recited herein.
Notary Public—State of Texas
Form ROW-N-14
(Rev.07/13)
Page 4 of 5
GRANTOR:
STARTEX FIRST EQUIPMENT,LTD.
By:
Printed Name:
Its:
Acknowledgement
State of Texas
County of
This instrument was acknowledged before me on the day of ,2018 by
,in the capacity and for the purposes and consideration recited herein.
Notary Public—State of Texas
Form ROW-N-14
(Rev.07/13)
Page 5 of 5
GRANTOR:
Stacy Oliver
Acknowledgement
State of Texas
County of
This instrument was acknowledged before me on the day of , 2018 by Stacy
Oliver,in the capacity and for the purposes and consideration recited herein.
Notary Public—State of Texas
EXHIBIT "D"
RM620—Parcel 25R
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
SECURITY NUMBER OR YOUR DRIVER LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That THE WALTON COTTON REVOCABLE TRUST, DATED JANUARY 21, 2011,
STARTEX FIRST EQUIPMENT, LTD., and STACY OLIVER, 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 (the "Property"), being more particularly described as follows:
All of that certain 0.429 acre (19,139 square foot) tract of land situated in the J.M.
Harrell Survey, Abstract No. 284, in Williamson County, Texas; said 0.429 acre tract of
land being more fully described by metes and bounds in Exhibit"A", attached hereto and
incorporated herein(Parcel 25R)
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;
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.
00399601.DOC
Grantor reserves all of the oil, gas, sulfur in and under 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.
TO HAVE AND TO HOLD the property herein described and herein conveyed together with
all and singular the rights and appurtenances thereto in any wise belonging unto City of Round
Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto City of Round Rock, Texas and its assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2018.
GRANTOR:
The Walton Cotton Revocable Trust,
dated January 21, 2011
By:
Walton Cotton, Trustee
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2018 by Walton Cotton, in the capacity and for the purposes and consideration recited therein.
Notary Public, State of Texas
2.
GRANTOR:
Startex First Equipment, Ltd.
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on this the day of
2018 by , in the capacity and for the purposes and
consideration recited therein.
Notary Public, State of Texas
3.
GRANTOR:
Stacy Oliver
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2018 by Stacy Oliver, in the capacity and for the purposes and consideration recited therein.
Notary Public, State of Texas
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:
4.
EXHIBIT "E"
r....
a n...00.nno.
Form ROW-Indemnity
GSD-EPC
Rev.4/2003
Page 1 of 5
RM620—Parcel 25
INDEMNITY AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS AGREEMENT, hereinafter referred to as "Agreement", by and between the State of Texas,
acting by and through the Texas Department of Transportation hereinafter referred to as "State", and
Startex First Equipment, Ltd. and Stacy Oliver hereinafter referred to as "Company", acting by and
through its undersigned duly authorized officer for the purpose herein provided, shall be effective on the
date of approval and execution by and on behalf of the State.
WHEREAS, the Company is the owner of that certain tract or parcel of land more particularly
described in Exhibit "A" attached hereto and made a part hereof for all pertinent purposes, and those
certain underground petroleum storage tanks,hereinafter referred to as "Property"; and
WHEREAS, the State desires to acquire fee simple title and/or certain interests in all or a portion of the
Property as authorized by the Texas Transportation Commission; and
WHEREAS, the State, by its authorized contractor and/or subcontractor, will effectuate certain
activities in, over, upon and across all or a portion of the Property associated with the construction and
maintenance of a highway facility and improvements, including removal of petroleum storage tanks
("PST") on the Property, hereinafter referred to as "Work"; and
WHEREAS, the State and Company desire to set forth their respective rights, responsibilities and
obligations regarding any and all cleanup, removal, disposal, abatement and/or remediation, hereinafter
referred to as "Cleanup", of any and all contamination hereinafter defined, together with any and all
costs and fees associated therewith, of the Property;
NOW, THEREFORE, for and in consideration of the premises, Ten Dollars ($10.00), and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject
to the terms, conditions, stipulations, covenants and restrictions hereinafter set forth, the State and the
Company agree as follows, to-wit:
ARTICLE I
The Company, as a condition for the payment of the consideration of the Property, SHALL AND
DOES HEREBY FULLY INDEMNIFY AND HOLD HARMLESS THE STATE, ITS
SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, SUITS, ACTIONS,
CLAIMS, PROCEEDINGS, DAMAGES, JUDGMENTS, AWARDS, PENALTIES, COSTS
AND/OR EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS
FEES, OF WHATSOEVER NATURE, PAST, PRESENT OR FUTURE, ARISING FROM OR
Form ROW-Indemnity
Rev.4/2003
Page 2 of 5
RELATED TO ANY CORRECTIVE OR REMEDIAL ACTION REQUIRED BY ANY
FEDERAL, STATE OR LOCAL AGENCY FOR CLEANUP, REMOVAL, DISPOSAL, AND
ABATING OF ANY AND ALL SOIL CONTAMINATION, GROUNDWATER
CONTAMINATION OR ANY OTHER CONTAMINATION OF THE PROPERTY CAUSED BY
OR DUE TO THE PRESENCE OF ANY HAZARDOUS, NON-HAZARDOUS, TOXIC, NON-
TOXIC OR HARMFUL WASTE, SUBSTANCE, CONSTITUENT, OR ANY DERIVATIVE
THEREOF, INCLUDING BUT NOT LIMITED TO PETROLEUM HYDROCARBONS OR
THEIR DERIVATIVES, (HEREINAFTER REFERRED TO AS "CONTAMINATION")
AND/OR THE RELEASE OR DISCHARGE OF ANY SUCH "CONTAMINATION" IN, UPON,
OVER OR UNDER THE PROPERTY. Upon being notified by the State of the presence of
contamination upon the above described property and/or adjacent properties (including any larger parcel
of land owned by the Company from which the said Exhibit "A" property was once a portion) it shall
be the responsibility of the Company to take any and all corrective action as required by any Federal,
State, or local agency laws, rules and regulations to clean up, remove, dispose of and abate all such
contamination.
ARTICLE II
Any earth or other materials removed from the Property, during either the Work or Cleanup, for the
purpose of compliance with any and laws, rules and regulations of any Federal, State or local agency,
are deemed to be personal property, with the title and responsibility to all of the above to be vested in
the Company, disposal facility or contractor which accepts such earth or other material, and shall never
pass to or vest in the State.
ARTICLE III
Once the Contamination has been removed and disposed of and upon completion of all required
corrective action(Cleanup), the Company shall notify the State, in writing, that such actions have been
accomplished. The State, or its authorized representative, after receipt of said notice, shall have the
right to inspect the Property to ascertain that the removal and disposal of any Contamination has been
done in compliance with any and all Federal, State and local laws, rules, requirements and regulations.
If, in the opinion of the State, or its authorized representative, additional work is required to effectuate
the removal and disposal of the Contamination, the Company shall perform such additional work to
the satisfaction of any and all applicable laws, rules, requirements and regulations.
ARTICLE IV
On the effective date of this Agreement, the Company shall, at its sole cost and expense,be responsible
to take any and all corrective action as required by any and all applicable laws, rules, requirements and
regulations for Cleanup of all Contamination found in the soil or the groundwater of the Property,
including any and all unknown pre-existing Contamination that may be disclosed or discovered due to
soil excavation related to the Work being conducted upon the property, provided, however, that the
obligations of the Company under this agreement shall not apply to new contamination caused by or
due to any new release or discharge of Contamination upon the Property solely by the State or the
State's authorized contractor or subcontractor while performing Work upon the Property.
Form ROW-Indemnity
Rev.4/2003
Page 3 of 5
ARTICLE V
During the implementation of any required corrective action by the Company, the State will allow the
Company, or its agents, to enter upon the said Property to perform such corrective action so long as the
State determines that the said action does not unreasonably interfere with the design, construction,
maintenance and/or safety of any highway or other facility of the State that has been or will be
constructed on the Property.
ARTICLE VI
In the event the Company fails to fulfill any of its responsibilities and obligations under this
Agreement, the State may enforce specific performance of this Agreement and may undertake to
perform any or all responsibilities and obligations set forth in this Agreement or pursue any and all
other remedies, at law or in equity, to which it may be entitled. If the State elects to perform any or all
responsibilities and obligations of the Company under this Agreement, the Company shall be liable to
the State for any expenditures or costs necessitated by the performance by the State.
ARTICLE VII
No waiver by the State of any default or breach of any term, condition or covenant of this Agreement
shall be deemed to be a waiver of any subsequent default or breach of the same or other term, condition
or covenant contained herein.
ARTICLE VIII
This Agreement and all terms, provisions and obligations hereof shall be covenants running with the
Property affected thereby and shall inure to the benefit of and be binding upon the Company and the
State and their respective successors and assigns.
ARTICLE IX
Any notice provided for or permitted to be given hereunder must be given at the addresses designated
below by (1) depositing same in the United States Mail, postage prepaid, registered or certified, return
receipt requested; (2) delivering the same to the party to be notified; or (3) sending a prepaid telex or
telegram. Such notice shall be effective upon receipt, as evidenced by the executed postal receipt or
other receipt for delivery;
If to the Company: If to the State:
Startex Jason Hudson
P.O.Box 6110 Construction Manager—Georgetown Area Office
Austin,Texas 78762 2727 S.Austin Ave.
Georgetown,Texas 78626
Stacy Oliver
P.O.Box 6110
Austin,Texas 78762
Form ROW-Indemnity
Rev.4/2003
Page 4 of 5
The parties may change their respective notice addresses to any other location within the United States
by giving notice of the change in accordance with this section.
State additionally agrees to request that its tank pull contractor use all reasonable effort to provide
Company a minimum of forty-eight (48) hours advance notice by e-mail message to address
go@mtgmb.com, with a copy to Company's attorney Dan Foster at address
dfoster@womackmcclish.com, prior to the beginning of work for the removal of any Petroleum Storage
Tank ("PST") from the Property in order to allow Company the opportunity to monitor any work, and
to take and remove any additional soil samples which do not interfere with the proposed work of State
as indicated in Article V above.
State additionally agrees to require any tank pull contractor to cause an Underground Storage Tank
Registration and Self Certification form in State's name to be submitted to TCEQ for the tanks located
on the Property.
ARTICLE X
This Agreement contains a complete expression of the Agreement between the parties, and there are no
promises, representations or inducements except such as herein provided, and the terms of this
Agreement cannot be varied or terminated except by the written Agreement of the parties hereto.
ARTICLE XI
This Agreement shall be construed under and in accordance with the laws of the State of Texas. In case
any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provisions had never been contained herein.
COMPANY:
STARTEX FIRST EQUIPMENT, LTD.
By:
Printed Name:
Its:
Date:
Stacy Oliver
Date:
O.p.renrp
d r...�on.w,,
Form ROW-Indemnity
GSD-EPC
Rev.4/2003
Page 5 of 5
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders,established
policies or work programs heretofore
approved and authorized by the Texas
Transportation Commission.
EXECUTION RECOMMENDED
Approved:
District Engineer Right of Way Division Director
Date: Date:
Form ROW-Indemnity
Rev.4/2003
Page 3 of 5
ARTICLE V
During the implementation of any required corrective action by the Company, the State will allow the
Company, or its agents, to enter upon the said Property to perform such corrective action so long as the
State determines that the said action does not unreasonably interfere with the design, construction,
maintenance and/or safety of any highway or other facility of the State that has been or will be
constructed on the Property.
ARTICLE VI
In the event the Company fails to fulfill any of its responsibilities and obligations under this
Agreement, the State may enforce specific performance of this Agreement and may undertake to
perform any or all responsibilities and obligations set forth in this Agreement or pursue any and all
other remedies, at law or in equity, to which it may be entitled. If the State elects to perform any or all
responsibilities and obligations of the Company under this Agreement, the Company shall be liable to
the State for any expenditures or costs necessitated by the performance by the State.
ARTICLE VII
No waiver by the State of any default or breach of any term, condition or covenant of this Agreement
shall be deemed to be a waiver of any subsequent default or breach of the same or other term, condition
or covenant contained herein.
ARTICLE VIII
This Agreement and all terms, provisions and obligations hereof shall be covenants running with the
Property affected thereby and shall inure to the benefit of and be binding upon the Company and the
State and their respective successors and assigns.
ARTICLE IX
Any notice provided for or permitted to be given hereunder must be given at the addresses designated
below by (1) depositing same in the United States Mail, postage prepaid, registered or certified, return
receipt requested; (2) delivering the same to the party to be notified; or (3) sending a prepaid telex or
telegram. Such notice shall be effective upon receipt, as evidenced by the executed postal receipt or
other receipt for delivery;
If to the Company: If to the State:
Startex Jason Hudson
P.O.Box 6110 Construction Manager—Georgetown Area Office
Austin,Texas 78762 2727 S.Austin Ave.
Georgetown,Texas 78626
Stacy Oliver
P.O.Box 6110
Austin,Texas 78762
Form ROW-Indemnity
Rev.4/2003
Page 4 of 5
The parties may change their respective notice addresses to any other location within the United States
by giving notice of the change in accordance with this section.
State additionally agrees to request that its tank pull contractor use all reasonable effort to provide
Company a minimum of forty-eight (48) hours advance notice by e-mail message to address
go@mtgmb.com, with a copy to Company's attorney Dan Foster at address
dfoster@womackmcclish.com, prior to the beginning of work for the removal of any Petroleum Storage
Tank ("PST") from the Property in order to allow Company the opportunity to monitor any work, and
to take and remove any additional soil samples which do not interfere with the proposed work of State
as indicated in Article V above.
State additionally agrees to require any tank pull contractor to cause an Underground Storage Tank
Registration and Self Certification form in State's name to be submitted to TCEQ for the tanks located
on the Property.
ARTICLE X
This Agreement contains a complete expression of the Agreement between the parties, and there are no
promises, representations or inducements except such as herein provided, and the terms of this
Agreement cannot be varied or terminated except by the written Agreement of the parties hereto.
ARTICLE XI
This Agreement shall be construed under and in accordance with the laws of the State of Texas. In case
any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provisions had never been contained herein.
COMPANY:
STARTEX FIRST EQUIPMENT, LTD.
By:
Printed Name:
Its:
Date:
Stacy Oliver
Date:
D.p..un.nt
Form ROW-Indemnity
GSD-EPC
Rev.4/2003
Page 5 of 5
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders,established
policies or work programs heretofore
approved and authorized by the Texas
Transportation Commission.
EXECUTION RECOMMENDED
Approved:
District Engineer Right of Way Division Director
Date: Date: