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R-14-02-13-H9 - 2/13/2014RESOLUTION NO. R -14-02-13-H9 WHEREAS, the City desires to purchase a 2.634 acre tract of land required for the Brushy Creek Gaps Trail Project; and WHEREAS, Charles Dumas and Frances Dumas, the owners of the Property, have agreed to sell said Property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Charles Dumas and Frances Dumas, for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of February, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: vVuA✓ VWVVU SARA L. WHITE, City Clerk 0112.1404; 00291565 f1 EXHIBIT „„A»„A REAL ESTATE CONTRACT Brushy Creek Trail THIS REAL ESTATE CONTRACT ("Contract") is made by CHARLES DUMAS and FRANCES DUMAS, (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: Being a 2.634 acre (114,763 square foot) tract of land situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas, being a portion of the remainder of that called 65.71 acres of land conveyed to Charles Dumas and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of Williamson County, Texas, and described in Volume 324, Page 20 of the Deed Records of Williamson County, Texas, said 2.634 acre (114,763 square foot) tract of land being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes; 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 agreed herein to be 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 Property, any improvements thereon, and any damage or cost to cure for the remaining Property of Seller shall be the sum of ONE HUNDRED THOUSAND AND 00/100 Dollars ($100,000.00) (the "Total Price"). However, Seller shall contribute the amount of EIGHT THOUSAND AND 00/100 dollars ($8,000.00) out of the Total Price towards the construction of the fence pursuant to Paragraph 8.12, below, such that the amount to be paid by seller pursuant to this contract is NINETY-TWO THOUSAND AND 00/100 Dollars ($92,000.00). Seller has already received the sum of $75,955.00 pursuant to a special commissioners' award related to a portion of the Property. Therefore, the remaining balance of DUMAS --RE Contract (1-27-14) (00291312xA08F8).doc R -14-02-13-H9 the Purchase Price now due and owing from the Purchaser for this Contract is SIXTEEN THOUSAND, FORTY-FIVE AND 00/100 ($16,045.00) (the "Purchase Price"). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. Additional Terms and Consideration 2.03. As an obligation which shall survive the closing of this Transaction, Seller and Purchaser agree to file an Agreed Motion to Dismiss within 30 days of 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 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 current actual knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed to Purchaser; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 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 Texas American Title Company on or before the thirtieth (30th) day after the Effective Date, 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 Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title to the State of Texas in fee simple to all of the Property described in Exhibit "A" free and clear of any and all liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. The deed shall be in the form as shown on Exhibit "B" attached. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Grantee's favor in the full amount of the purchase price, insuring Purchaser's title 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", at Purchaser's expense. (d) Deliver to Purchaser possession of the Property if not previously done. 3 Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment 4 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 Travis 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. 5 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 executed by the City of Round Rock, Texas. Counterparts 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile may be considered effective as originals for purposes of this Contract. Fence 8.12 Purchaser shall install, or cause to be installed, a chain link fence approximately six feet in height with three strands of barbed wire at its top along the northern boundary of the Property described in Exhibit "A". Such fence shall be constructed generally in conformance with the bid attached hereto as Exhibit "C" and shall include a gate four feet wide between Seller's remaining tract and the Property. Seller shall contribute the amount of EIGHT THOUSAND AND 00/100 dollars ($8,000.00) out of the Total Price towards the cost of the fence constructed pursuant to this paragraph. 6 SELLER: CHARLES DUMAS Date: 1— 27- /4/ FRANCES DUMAS Date: /". V 7 /471 PURCHASER: City of Round Rock, Texas By: Alan McGraw, Mayor Date: 2 ' Attest: ADDRESS: 2401 E. Palm Valley Blvd. Round Rock, Texas 78665 2401 E. Palm Valley Blvd. Round Rock, Texas 78665 ADDRESS: 221 E. Main Street Round Rock, Texas 78664 For City, Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney Page 1 of 3 December 17, 2013 EXHIBIT "'a'" CHARLES AND FRANCES DUMAS PARCEL DESCRIPTION OF A 2.634 ACRE (114,763 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 65.71 ACRES OF LAND CONVEYED TO CHARLES DUMAS AND WIFE, FRANCES DUMAS BY INSTRUMENT RECORDED IN DOCUMENT NO. 1999072826 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED IN VOLUME 324, PAGE 20 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.634 ACRE (114,763 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS PART 1, CONTAINING 0.864 ACRES (37,655 SQUARE FEET) AND PART 2, CONTAINING 1.770 ACRES (77,108 SQUARE FEET) AND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1 COMMENCING at a 5/8 inch iron rod found for the northeast corner of said Dumas remainder tract, same being the northwest corner of that called remainder of 107.17 acre tract of land conveyed to John Bolt Harris, Susan Hickox Harris and Hickox Family Living Trust by instruments recorded in Volume 2325, Page 245 of the Official Records of Williamson County, Texas and in Document No. 2006053683 of the Official Public Records of Williamson County, Texas, also being in the southerly Right -of -Way of the Union Pacific Railroad Company (formerly Missouri Pacific Railroad and originally the International and Great Northern Railroad by instrument recorded in Volume 18, Page 33 of the Deed Records of Williamson County, Texas) (100 foot Right -of -Way Width); THENCE with the common boundary line of said Dumas remainder tract and said Harris-Hickox remainder tract, S 02°04'00" E, for a distance of 1094.24 feet to a 1/2 inch iron rod with cap (Inland 5050) set for northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE continuing with the common boundary line of said Dumas remainder tract and said Harris-Hickox remainder tract, S 02°04'00" E, for a distance of 258.02 feet to the calculated southeasterly corner of the herein described tract in the centerline of Brushy Creek, same being the southeasterly corner of said Dumas remainder tract, also being the southwesterly comer of said Harris-Hickox remainder tract; THENCE, departing said common line, with the southerly boundary line of said Dumas remainder tract, same being the record centerline of said Brushy Creek as said centerline was described for the northerly boundary line of Lot 1, Block "F", South Creek, Section Twelve, a subdivision of record in Cabinet L, Slides 259-262 of the Plat Records of Williamson County, Texas and also as described in a 0.113 acre Wastewater Easement in Volume 1749, Page 336 of the Official Records of Williamson County, Texas the following three (3) courses and distances: 2) N 84°49'18" W for a distance of 72.38 feet to a calculated angle point; 3) N 86°22'15" W for a distance of 84.90 feet to a calculated angle point; 4) N 66°50'32" W for a distance of 61.75 feet to the calculated southwesterly corner of the herein described tract in the easterly boundary line of that called Parcel 2, Part 6 (41.153 acres) conveyed to the State of Texas by instrument recorded In Volume 1970 Page 515 (Exhibit A) of the Official Records of Williamson County Texas (original Missouri, Kansas & Texas Railway Company (MOKAN) right-of-way); THENCE departing said Brushy Creek, with the common boundary line of said Dumas remainder tract and said State of Texas tract, N 06°45'27" W, for a distance of 112.30 feet to a 1/2 inch iron rod with cap (Inland 5050) set for the northwesterly corner of the herein described tract, and from which said southerly Right -of -Way of the Union Pacific Railroad Company bears N 06°45'27' W (Record Bearing Basis) with said easterly boundary line, at approximately 947.4 feet; THENCE, departing said common line, through the interior of said Dumas remainder tract, parallel and 25 feet northerly of the centerline of a proposed trail the following four (4) courses and distances: 5) N 89°29'06" E for a distance of 61.44 feet to a 1/2 inch iron rod with cap (Inland 5050) set for a point of curvature of a curve to the left; 6) along said curve to the left, having a radius of 75.00 feet, a central angle of 41040'15", an arc length of 54.55 feet, and a chord which bears N 68°38'58" E for a distance of 53.35 feet to a 1/2 inch Iron rod with cap (Inland 5050) set for a point of tangency; 7) N 44°31'17" E for a distance of 78.34 feet to a 1/2 inch iron rod with cap (Inland 5050) set for a point of curvature of a curve to the right; 8) along said curve to the right, having a radius of 125.00 feet, a central angle of 28°38'20", an arc length of 62.48 feet, and a chord which bears N 56017'26" E for a distance of 61.83 feet to the POINT OF BEGINNING of said Part 1, containing 0.864 acres (37,655 square feet) of land, more or less. Page 2 of 3 December 17, 2013 PART 2 COMMENCING at a 1/2 inch iron rod with plastic surveyors cap (Inland) found in the westerly boundary line of said Dumas remainder tract, same being the northeast comer of that called 13.733 acre tract of land (Tract 1, 9.050 acres) conveyed to The City of Round Rock by instrument recorded in Volume 1490, Page 660 of the Official Records of Williamson County, Texas; THENCE with the common boundary line of said Dumas remainder tract and said 13.733 acre tract, S 01°55'41" E for a distance of 212.38 feet to the northwesterly comer and POINT OF BEGINNING of the herein described tract; THENCE, departing said common line, through the interior of said Dumas remainder tract parallel and 25 feet northerly of the centerline of a proposed trail the following six (6) courses and distances: 1. N 64°52'29" E for a distance of 35.34 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 2. N 77°22'41" E for a distance of 128.46 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 3. N 84°31'45" E for a distance of 68.21 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 4. N 64°57'18" E for a distance of 257.82 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 5. N 73°54'44" E for a distance of 204.31 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 6. N 79°53'19" E for a distance of 126.26 feet to a 1/2 inch iron rod with cap (Inland 5050) set for the northeasterly comer of the herein described tract, being the westerly boundary line of said State of Texas tract, and from which said southerly Right -of - Way of the Union Pacific Railroad Company bears N 06°45'27" W (Record) with said westerly boundary line, approximately 1059.4 feet; 7. THENCE with the common boundary line of said Dumas remainder tract and said State of Texas tract, S 06°45'27" E for a distance of 99.57 feet to the calculated southeasterly corner of the herein described tract in the centerline of Brushy Creek; THENCE, departing said common line, with the southerly boundary line of said Dumas remainder tract, same being the record centerline of said Brushy Creek as said centerline was described for the northerly boundary line of Lot 28, Block "D", said South Creek, Section Twelve, and also as described in a 0.28 acre Wastewater Easement in Volume 1619, Page 404 of the Official Records of Williamson County, Texas the following three (3) courses and distances: 8. S 86°32'52" W for a distance of 156.08 feet to a calculated angle point; 9. S 69°08'52" W for a distance of 363.32 feet to a calculated angle point; 10. S 63°30'11" W for a distance of 325.09 feet to the calculated southwesterly corner of the herein described tract, same being the southwesterly comer of said Dumas remainder tract, also being the common southeasterly comer of said 13.733 acre Tract (Tract 1, 9.050 acres), the northeasterly comer of Lot 47, Block "B" of Ashton Oaks, Section One, a subdivision of record in Cabinet Y, Slides 139-141 of the Plat Records of Williamson County. Texas and the most northerly northwest corner of said Lot 28, Block "D"; 11. THENCE departing said Brushy Creek, with the common boundary line of said Dumas remainder tract and said City of Round Rock tract, N 01°55'41" W, pass at a distance of 50.00 feet a 1/2 inch iron rod found, and continuing for a total distance of 145.21 feet to the POINT OF BEGINNING of said Part 2, containing 1.770 acres (77,108 square feet) of land, more or less. This property description is accompanied by a separate exhibit plat. That 1, Lawrence M. Russo, 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 partially by a survey made on the ground and partially from record information under my direction and supervision. WITN ;• MY HAND AND SEAL at Fntock, Williamson County, Texas. 14.14 0 ence M. Russo egistered Professional Land Surveyor No. 5050 Inland Geodetics, L.L.C.. Firm Reg. 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I om-C)z V CO 73 '•-:. 1 •xN�N V3,ZO O I t , Oi(nD0 x -I 00 .101-1m1CDOD t :A IL.: 71 c) N ocnn3 x.17 / t O N "n _I-Ct- tt w N IP y I 1 m X w SPECIAL WARRANTY 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 ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WHEREAS, the City of Round Rock, Texas is authorized to purchase and receive land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a public trail and recreation facilities ("Project"); and, WHEREAS, the acquisition of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Charles Dumas and wife, Frances Dumas, 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 the City of Round Rock, Texas ("Grantee"), 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 Grantee, 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: Being a 2.634 acre (114,763 square foot) tract of land situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas, being a portion of the remainder of that called 65.71 acres of land conveyed to Charles Dumas and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of Williamson County, Texas, and described in Volume 324, Page 20 of the Deed Records of Williamson County, Texas, said 2.634 acre (114,763 square foot) tract of land being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes. 00291075.doc/jmr EXHIBIT B RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. 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 State of 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 the Project, but shall not be used or exported from the Property for any other purpose. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee 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 Grantee, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2014. GRANTOR: Charles Dumas Frances Dumas 2. STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of 2014 by Charles Dumas, in the capacity and for the purposes and consideration recited therein. STATE OF TEXAS COUNTY OF Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of 2014 by Frances Dumas, 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 E. Main Street Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock, Texas Attn: City Manager 221 E. Main Street Round Rock, Texas 78664 3. AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, Texas 78664 12/03/2013 08:50 5127638585 LOTT FENCE PAGE 01 ig37avla , LOTT FENCE P.O. Box 1597 • Round Rock, Texas 78880 CONTRACT (512) 763.8080. FAX (512) 763.8585 www.LottFenO&com Name ci gosi( Erected At BM To City State/zip. pyo .,Autsat is made teat me enotreanoing mot agrsentant VW the Purchaser r+0 Wats and mama pkidaY vin Property pins ones= sakes ler etf oat oaaar Aral gets panes leo the arIGe M a repairOe Ms t nce. The Puntern r also winumasIIA resonadailly for same titter Lott Fence Is Mead of alI44a ay tar pleoaa>snt at Wow The Inas tor the enation m rep* m Its tenon sal be dewed by the Purchaser. Lett Fans* b not resommibta tar sty darte ger to taldsatround 6tWadlcrm taches Wi ddlea. aaalatitnm. cables. assets, sdtaaq. Me% Mina oondutm, Brans. at Lois oases Weston Ot tad Inaltations are per'* Martaa' dl above gmurd ea to thatr.enot bcmon. Fanokrp and ormectety wood floss gra npt Erna horn knots, spies, eons. spikes, drains tg, ttEsape. s;s'sm, goupse. Bert. sootk crania, rand oCesrangsafae leas. Almon b npt asulastua tar Isralscaping. In referents to tame Brea pada. uneven Lenin edit karat soma gado breaks veto flatter mason at; hear freer tirade daen0ea. anxsed Is mot goblets lone m •Prolahr In dating tank atom are prude. The bottoms of Was 0 porta a contact n ernes, end ksad bare sampled a bottoms by an At a w gaps In bssltw+e tis to grace. r**- Los Fence is never trod cage et Ma FT. FT. HIGH FENCE 0 FT. $ - PICICET SIZE PICKET GRADE SINGLE WALK GATE(S) DOUBLE•DfI111E GATE(S) RAILS POSTE r/ FT. O FT. HIGH? CHAIN LINK FENCE 1 GAUGE 8RIC UNEPOST SIZE (0.D. X LENGTH) _ g TOP RAIL. SIZE (0.0. X LENGTH) x -G*UGE Q 9 TERMINALS (0.0. X LENGTH) x •QAUGE GATE(S) FRAME SIZE OPENING HIGH (S) FRAME SIZE OPENING H1 H PK:XET STYLE O EA. $ e EA. $ DE MILS: DETAILS: YrC �ttr. 15715 DETAILS: O )5 -a FT. S O EA. S ®• EA. $ EA. 11 6 w -loam , CIS! PR. S 0 PR. S DETAILS: A = DEMOTES FINISH SIDE O PR. S DIAGRAM TOTAL CONTRACT S TERMS: Payment of kat balance is duo Inrnsdtatety upon completion of job. MECHANICS UEN: M matariake auppMed shell remain the property of Lott Fence until al some dui are ptdd in fug. ACCacasd By Purchaser Homo f Work • Fax a Other EXHIBIT C Lori FENCE ROUND ROCK, TEXAS PURPOSE IMAM rRosrwn City of Round Rock Agenda Item Summary Agenda Number: H.9 Title: Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Charles Dumas and Frances Dumas for the purchase of real property required for the Brushy Creek Trail Gap Project. Type: Resolution Governing Body: City Council Agenda Date: 2/13/2014 Dept Director: Rick Atkins, Parks and Recreation Director Cost: $16,045.00 Indexes: General Self -Financed Construction Attachments: Resolution, Exhibit A Department: Parks and Recreation Department Text of Legislative File 14-1140 This item will allow the purchase of ROW along the Brushy Creek Trail Gap Project. This will complete the acquisition of ROW for the project. The project has funding from FHWA/TxDOT ($2,300,000), Williamson County ($400,000) and the City of Round Rock ($190,000). The construction contract is for 270 calendar days which corresponds to construction completion in Summer 2014. Cost: $16,045.00 Source of Funds: General Self -Financed Construction Approval City of Round Rock Page 1 Printed on 2113/2014 EXECUTED ORIGINAL DOCUMEN1S FOLLOW REAL ESTATE CONTRACT Brushy Creek Trail THIS REAL ESTATE CONTRACT ("Contract") is made by CHARLES DUMAS and FRANCES DUMAS, (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: Being a 2.634 acre (114,763 square foot) tract of land situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas, being a portion of the remainder of that called 65.71 acres of land conveyed to Charles Dumas and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of Williamson County, Texas, and described in Volume 324, Page 20 of the Deed Records of Williamson County, Texas, said 2.634 acre (114,763 square foot) tract of land being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes; 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 agreed herein to be 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 Property, any improvements thereon, and any damage or cost to cure for the remaining Property of Seller shall be the sum of ONE HUNDRED THOUSAND AND 00/100 Dollars ($100,000.00) (the "Total Price"). However, Seller shall contribute the amount of EIGHT THOUSAND AND 00/100 dollars ($8,000.00) out of the Total Price towards the construction of the fence pursuant to Paragraph 8.12, below, such that the amount to be paid by seller pursuant to this contract is NINETY-TWO THOUSAND AND 00/100 Dollars ($92,000.00). Seller has already received the sum of $75,955.00 pursuant to a special commissioners' award related to a portion of the Property. Therefore, the remaining balance of DUMAS --RE Contract (1-27-14) (00291312xA08F8).doc R -14-02-13-H9 the Purchase Price now due and owing from the Purchaser for this Contract is SIXTEEN THOUSAND, FORTY-FIVE AND 00/100 ($16,045.00) (the "Purchase Price"). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. Additional Terms and Consideration 2.03. As an obligation which shall survive the closing of this Transaction, Seller and Purchaser agree to file an Agreed Motion to Dismiss within 30 days of 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 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 current actual knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed to Purchaser; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 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 Texas American Title Company on or before the thirtieth (30th) day after the Effective Date, 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 Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title to the State of Texas in fee simple to all of the Property described in Exhibit "A" free and clear of any and all liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. The deed shall be in the form as shown on Exhibit "B" attached. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Grantee's favor in the full amount of the purchase price, insuring Purchaser's title 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", at Purchaser's expense. (d) Deliver to Purchaser possession of the Property if not previously done. 3 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: Owner's Title Policy and survey to be paid by Purchaser. Deed, tax certificates, and title curative matters, if any, paid by Purchaser. All other closing costs shall be paid by Purchaser. 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 4 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 Travis 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. 5 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 executed by the City of Round Rock, Texas. Counterparts 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile may be considered effective as originals for purposes of this Contract. Fence 8.12 Purchaser shall install, or cause to be installed, a chain link fence approximately six feet in height with three strands of barbed wire at its top along the northern boundary of the Property described in Exhibit "A". Such fence shall be constructed generally in conformance with the bid attached hereto as Exhibit "C" and shall include a gate four feet wide between Seller's remaining tract and the Property. Seller shall contribute the amount of EIGHT THOUSAND AND 00/100 dollars ($8,000.00) out of the Total Price towards the cost of the fence constructed pursuant to this paragraph. 6 SELLER: CHARLES DUMAS Date: 1— 27- i4/ ?›,440106...C.se/ attoryt.44-/ FRANCES DUMAS Date: V 7 / PURCHASER: City of Round Rock, Texas By: Alan McGraw, Mayor Date: 2. 13.1 ` Attest: Sara White, City Clerk ADDRESS: 2401 E. Palm Valley Blvd. Round Rock, Texas 78665 2401 E. Palm Valley Blvd. Round Rock, Texas 78665 ADDRESS: 221 E. Main Street Round Rock, Texas 78664 For ty, Ap . rove . as to Form: 40.'1'11 1 7 Step . Sheets, City Attorney Page 1 of 3 December 17, 2013 EXHIBIT "A" CHARLES AND FRANCES DUMAS PARCEL DESCRIPTION OF A 2.634 ACRE (114,763 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 65.71 ACRES OF LAND CONVEYED TO CHARLES DUMAS AND WIFE, FRANCES DUMAS BY INSTRUMENT RECORDED IN DOCUMENT NO. 1999072826 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED IN VOLUME 324, PAGE 20 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.634 ACRE (114,763 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS PART 1, CONTAINING 0.864 ACRES (37,655 SQUARE FEET) AND PART 2, CONTAINING 1.770 ACRES (77,108 SQUARE FEET) AND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1 COMMENCING at a 5/8 inch iron rod found for the northeast corner of said Dumas remainder tract, same being the northwest comer of that called remainder of 107.17 acre tract of land conveyed to John Bolt Harris, Susan Hickox Hams and Hickox Family Living Trust by instruments recorded in Volume 2325, Page 245 of the Official Records of Williamson County, Texas and in Document No. 2006053683 of the Official Public Records of Williamson County, Texas, also being in the southerly Right -of -Way of the Union Pacific Railroad Company (formerly Missouri Pacific Railroad and originally the Intemational and Great Northem Railroad by instrument recorded in Volume 18, Page 33 of the Deed Records of Williamson County, Texas) (100 foot Right -of -Way Width); THENCE with the common boundary line of said Dumas remainder tract and said Harris-Hickox remainder tract, S 02°04'00" E, for a distance of 1094.24 feet to a 1/2 inch iron rod with cap (Inland 5050) set for northeasterly comer and POINT OF BEGINNING of the herein described tract; 1) THENCE continuing with the common boundary line of said Dumas remainder tract and said Harris-Hickox remainder tract, S 02°04'00" E, for a distance of 258.02 feet to the calculated southeasterly corner of the herein described tract in the centerline of Brushy Creek, same being the southeasterly comer of said Dumas remainder tract, also being the southwesterly comer of said Harris-Hickox remainder tract; THENCE, departing said common line, with the southerly boundary line of said Dumas remainder tract, same being the record centerline of said Brushy Creek as said centerline was described for the northerly boundary line of Lot 1, Block "F", South Creek, Section Twelve, a subdivision of record in Cabinet L, Slides 259-262 of the Plat Records of Williamson County, Texas and also as described in a 0.113 acre Wastewater Easement in Volume 1749. Page 336 of the Official Records of Williamson County, Texas the following three (3) courses and distances: 2) N 84°49'18" W for a distance of 72.38 feet to a calculated angle point; 3) N 88°22'15" W for a distance of 84.90 feet to a calculated angle point; 4) N 66°50'32" W for a distance of 61.75 feet to the calculated southwesterly comer of the herein described tract in the easterly boundary line of that called Parcel 2, Part 6 (41.153 acres) conveyed to the State of Texas by Instrument recorded in Volume 1970 Page 515 (Exhibit A) of the Official Records of Williamson County Texas (original Missouri, Kansas & Texas Railway Company (MOKAN) right-of-way); THENCE departing said Brushy Creek, with the common boundary line of said Dumas remainder tract and said State of Texas tract. N 06°45'27" W, for a distance of 112.30 feet to a 1/2 inch iron rod with cap (Inland 5050) set for the northwesterly comer of the herein described tract, and from which said southerly Right -of -Way of the Union Pacific Railroad Company bears N 06°45'27" W (Record Bearing Basis) with said easterly boundary line, at approximately 947.4 feet; THENCE, departing said common line, through the interior of said Dumas remainder tract, parallel and 25 feet northerly of the centerline of a proposed trail the following four (4) courses and distances: 5) N 89°29'06" E for a distance of 61.44 feet to a 1/2 inch iron rod with cap (Inland 5050) set for a point of curvature of a curve to the left; 6) along said curve to the left, having a radius of 75.00 feet, a central angle of 41°40'15", an arc length of 54.55 feet, and a chord which bears N 68°38'58" E for a distance of 53.35 feet to a 1/2 inch iron rod with cap (Inland 5050) set for a point of tangency; 7) N 44°3117" E for a distance of 78.34 feet to a 1/2 inch iron rod with cap (Inland 5050) set for a point of curvature of a curve to the right; 8) along said curve to the right, having a radius of 125.00 feet, a central angle of 28°38'20", an arc length of 62.48 feet, and a chord which bears N 56°17'26" E for a distance of 61.83 feet to the POINT OF BEGINNING of said Part 1, containing 0.864 acres (37,655 square feet) of land, more or less. Page 2 of 3 December 17, 2013 PART 2 COMMENCING at a 1/2 inch iron rod with plastic surveyors cap (Inland) found in the westerly boundary line of said Dumas remainder tract, same being the northeast comer of that called 13.733 acre tract of land (Tract 1, 9.050 acres) conveyed to The City of Round Rock by instrument recorded in Volume 1490, Page 660 of the Official Records of Williamson County, Texas; THENCE with the common boundary line of said Dumas remainder tract and said 13.733 acre tract, S 01°55'41" E for a distance of 212.38 feet to the northwesterly comer and POINT OF BEGINNING of the herein described tract THENCE, departing said common line, through the interior of said Dumas remainder tract parallel and 25 feet northerly of the centerline of a proposed trail the following six (6) courses and distances: 1. N 64°52'29" E for a distance of 35.34 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 2. N 77°22'41" E for a distance of 128.46 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 3. N 84°31'45" E for a distance of 88.21 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 4. N 64°57'18" E for a distance of 257.82 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 5. N 73°54'44" E for a distance of 204.31 feet to a 1/2 inch iron rod with cap (Inland 5050) set for an angle point; 6. N 79°53'19" E for a distance of 126.26 feet to a 1/2 inch iron rod with cap (Inland 5050) set for the northeasterly comer of the herein described tract, being the westerly boundary line of said State of Texas tract, and from which said southerly Right -of - Way of the Union Pacific Railroad Company bears N 06°45'27" W (Record) with said westerly boundary line, approximately 1059.4 feet; 7. THENCE with the common boundary line of said Dumas remainder tract and said State of Texas tract, S 06°45'27" E for a distance of 99.57 feet to the calculated southeasterly corner of the herein described tract in the centerline of Brushy Creek; THENCE, departing said common line. with the southerly boundary line of said Dumas remainder tract, same being the record centerline of said Brushy Creek as said centerline was described for the northerly boundary line of Lot 28. Block "D", said South Creek, Section Twelve, and also as described in a 0.28 acre Wastewater Easement in Volume 1619, Page 404 of the Official Records of Williamson County, Texas the following three (3) courses and distances: 8. S 88°32'52" W for a distance of 156.08 feet to a calculated angle point; 9. S 69°08'52" W for a distance of 383.32 feet to a calculated angle point; 10. S 63°30'11" W for a distance of 325.09 feet to the calculated southwesterly comer of the herein described tract, same being the southwesterly comer of said Dumas remainder tract, also being the common southeasterly comer of said 13.733 acre Tract (Tract 1, 9.050 acres), the northeasterly comer of Lot 47, Block "B" of Ashton Oaks, Section One, a subdivision of record in Cabinet Y, Slides 139-141 of the Plat Records of Williamson County, Texas and the most northerly northwest comer of said Lot 28, Block "D"; 11. THENCE departing said Brushy Creek, with the common boundary line of said Dumas remainder tract and said City of Round Rock tract, N 01°55'41" W, pass at a distance of 50.00 feet a 1/2 inch iron rod found, and continuing for a total distance of 145.21 feet to the POINT OF BEGINNING of said Part 2, containing 1.770 acres (77,108 square feet) of land, more or less. This property description is accompanied by a separate exhibit plat. That I, Lawrence M. Russo, 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 partially by a survey made on the ground and partially from record information under my direction and supervision. WITN - MY HAND AND SEAL at Fjt6uitoc k, Williamson County, Texas. t J,_$O" IA• ence M. Russo egistered Professional Land Surveyor N'o. 5050 Inland Geodetics, L.L.C.. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 t 2%t ' bLS // [�to AlNl03 NOSWY lhIM sdwna s33NVL3 19 S3121V1-10 AO Al2I3dO8d 9NIMOHS ldld 119IHX3 A -n - r CO o-D0-r1-Iz N z czsxOo Ay>mzxo ZAEDN= �O--i.a1,y�= OOi;nm CO O, < n OAzp1m - -1nm n' Cpm ua Or -0 Axm m '« x_iz "71t;Izmz on _wo n=c 00 OO1m-1m IPS*Qm a1 z�wm .. 01O0 ZAmx01 t$ 92 mw+� 0- W44 0 rzmlo; o'CC).. 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N v qA X n O 4^ 0 l '•� I gn W nm1'i 5.s 01 Ny'n--.(273 03 m 4. n W Co I N I i m S m SPECIAL WARRANTY 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 ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WHEREAS, the City of Round Rock, Texas is authorized to purchase and receive land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a public trail and recreation facilities ("Project"); and, WHEREAS, the acquisition of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Charles Dumas and wife, Frances Dumas, 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 the City of Round Rock, Texas ("Grantee"), 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 Grantee, 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: Being a 2.634 acre (114,763 square foot) tract of land situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas, being a portion of the remainder of that called 65.71 acres of land conveyed to Charles Dumas and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of Williamson County, Texas, and described in Volume 324, Page 20 of the Deed Records of Williamson County, Texas, said 2.634 acre (114,763 square foot) tract of land being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes. 00291075.doc/jmr EXHIBIT B RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. 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 State of 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 the Project, but shall not be used or exported from the Property for any other purpose. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee 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 Grantee, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2014. GRANTOR: Charles Dumas Frances Dumas 2. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of 2014 by Charles Dumas, in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of 2014 by Frances Dumas, 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 E. Main Street Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock, Texas Attn: City Manager 221 E. Main Street Round Rock, Texas 78664 3. AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, Texas 78664 12/03/2013 08:50 5127638585 Name N, LOTT FENCE ��avi�ig, P.O. Box 1597 • Round Rock, Texas 78880 CONTRACT (512) 763.8080 • FAX (512) 163.6585 www.LottFenc .cam LOTT FENCE C;A7tfff,144,&) 'gad"- B(i) To _ City State/Zip. 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MECHANICS LEEN: AS mallet* supped Accepted By Purahsw ?10roo f Wolk u Fax pater x I EXHIBIT C LOTT FENCE