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CM-2018-1941 - 11/9/2018Pogo 1 ora Parcel 4 TEMPORARY CONSTRUCTION WORKSPACE EASEMENT Gattis School Road Waste Water Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That DIANA M. MCCURDY, referred to as "Grantor", in consideration of $10.00 and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("GRANTEE") does hereby grant to GRANTEE, its agents, contractors, successors and assigns, a temporary construction workspace easement for the purpose of additional workspace and temporary storage of material and equipment to allow construction and installation of proposed waste water line facilities and other necessary structures and related appurtenance construction ("Project"), all to be located within adjacent easements or right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: N/A. Following completion of work within the temporary construction workspace easement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or Iandscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. To the extent allowed by law, GRANTEVI shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of GRANTEE's agents or employees in the course of their employment. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit `°A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. Grantee shall only remove any hardwood trees larger than 6 (six) inches in diameter from the temporary construction workspace easement areas if approved and determined by the City Engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. GRANTEE shall be allowed to extend the duration of the Temporary Construction Workspace Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (I) notification to Grantor in writing of the requested extension period(s), and (2) tendering the additional sum of $250 for each additional extension period used. ,4� fir 201 t-(q(�( Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of , 20I8. GRANTOR: Diana M. McCurdy Acknowledgement State of Texas County of This instrument was acknowledged before me on bv Diana M. McCurdy, in the capacity and for the purposes and consideration recited herein. Notary public State of Texas Page 3 of 3 AGREED: CITY OF ROUND ROCK, TEXAS By: � .c Laurie Hadley, ity Manager Acknowledgement State of Texas County of Williamson This instrument was acknowledged before me on 61-4 t3WtV 20'J" by Laurie Hadley, City Manager for the City of Round Rock, Texas, in the capacity and for the purposes and consideration recited herein. ........... After recording return to 'N%QUE • 2��P�Y PUB`�� C,' V'% C :•�pFOF��i� '•1262519: 71f.- ES37V�`s't'O' Notary Public tate of Texas REAL ESTATE CONTRACT Gattis School Road Ph. 6 Right of Way THIS REAL ESTATE CONTRACT MCCURDY, (referred to in this Contract as {` enee, whether ncbor morbe een .DIANA M. ROUND RACK, TEXAS (referred to in this Contract as "Purchaser"), and the CITY OF conditions set forth in this Contract. upon the terms and ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees purchases to convey, and purchaser purc Pay for, the tract(s) of land described as follows: id agrees to Thomas Survey, Abstract No. 609 in Williamson County, All of that certain 0.175 acre (7,625 square foot) tract of land out of and situate the Asa Texas d In fully described by metes and bounds in Exhibit A ; more (P incorporated herein arcel 4 ; and attached as; and Temporary construction workspace easement interest in and across all of t hat certain 0.118 acre (5,124 square font) tract of land out of and situated in the Asa Thomas Survey, Abstract No. 609 in Williamson County,a described on the plat to accompany parcel description in Exhibit aSA'm attached hereto and incorporated herein Parcel 4-TCE attached together with all and singular the rights and appurtenances pertaining to theproperty, any right, title and interest of eller in and to adjacent streets, alleys or ri hts-of- Including real property, rights, and appurtenances being referred to in this Contract as the " any improvements and fixtures situated on and attached to the rights-of-way (all of such not otherwise retained by Seller, for the consideration an "Property"), and e Property described in Exhibit 'A" Provisions, and conditions set forth below. d upon and subject to the terms, ARTICLE II PURCHASE PRICE Purcl�e Price 2.01. The Purchase Price for the Property, Property, and for any damage or cast of cure p �� compensation e off sation for any improvements an the Seller shall be the sum of FORTY-ONE THOUSAND NI�1VEtH °f the remaining Property of Dollars ($41,909.00). HUNDRED NINE8 p p 11 and 00/j 0Q 004123$9,DoC ekl-26te-le?W Pa Hent of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obli ations 3.01. Tile 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 CIosing). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 4.02. The PrnnortLt hit,:., :- L____ ARTICLE V CLOSING Closin Date 5.01, The Closing shall be held at the office of Independence Title Company on or before November 30, 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 Closiili! 5.02. At the Closing Seller shall: (1) Deliver to the City of Round Reek, Texas a duly executed and acknowledged Deed conveying good and indefeasible title 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. (2) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Temporary Construction Workspace Easement in and across the Property as shown on the Plat to accompany parcel description in Exhibit "A", free and clear of all liens and restrictions, (3) The Deed shall be in the form as shown in Exhibit "B" attached hereto. The Temporary Construction Workspace Easement shall be in the form as shown in Exhibit "C" attached hereto. (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 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". (4) Deliver to Purchaser possession of the Property. Purchaser's Obli ations at Closin 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 V. be prorated as of the Closing Date and shall be adjusted in cash at the closing. 1f 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. Closin 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 inay: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. 4 ARTICLE VII BREACH By PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive die 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 addressed to Seller or Purchaser, as the case maywhen sent by United States mail, postage prepaid, certified mail, return receipt requested, be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Lemal Construction 8.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 5 X Prior A cements Su erseded 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. 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. Cam liance 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 of Purchaser's own selection. y attorne 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. (signature puge f01I0II,s] Gel SELLER: Diana M. McCurdy Date: PURCHASER: CITY OF ROUND ROCK, TEXAS By. Printed Name: '. Its: e Y4 - Date: In Address: 221 East Main St. Round Rock, Texas 78664 r EXHIBIT County. Williamson Parcel : 4 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 4 REV: 10/08/2018 0412-2018 Pagel of 4 DESCRIPTION OF A 0.175 ACRE (7,625 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 5.20 ACRE TRACT OF LAND (BEING TRACT 8 OF WESTVIEW SUBDIVISION (UNRECORDED)), DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO STUART B. McCURDY AND WIFE, DIANA M. MCCURDY RECORDED IN VOLUME 2172, PAGE 280 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0,175 ACRE (7,625 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 318" iron rod found 1280.43 feet right of proposed Gattis School Road Baseline Station 141+67.75, being the southwesterly corner of said 5.20 acre tract, same being the southeasterly corner of that called 5.32 acre tract of land described in General Warranty Deed to Victorio L Tostado and Spouse, Maria L. Toslado recorded in Document No 9866886 of the Official Records of Williamson County, Texas; THENCE, with the common boundary tine of said 5.32 acre tract and said 5.20 acre tract, N 01°58'52" W. for a distance of 1214.45 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid Coordinates determined as N=10154644.55, E=3149310.91 TxSPC Zone 4203), 66.00 feet right of Proposed Gattis School Road Baseline Station 141+73.11, in the proposed southerly right-of-way (ROW) line of said Gattis School Road, (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed southerly ROW line, continuing with said common boundary line, N 01058'52" W, for a distance of 37.50 feet to the calculated common northerly corner of said 5.32 acre tract and said 5.20 acre tract, in the existing southerly ROW line of Gattis School Road (ROW width varies), same being the northerly boundary tine of said Westview Subdivision, for the northwesterly corner of the herein described tract and from which a 112" iron rod found bears N 31°36'44" W, at a distance of 1.11 feet; THENCE, departing said 5 32 acre tract, with said existing ROW line, same being the northerly boundary line of said 5.20 acre tract and said Westview Subdivision, the following two (2) courses: 2) N 87°61'20" E, for a distance of 44.15 feet to a calculated angle point; 3) N 87058'20" E, for a distance of 160.76 feet to the calculated northeasterly corner of said 5.20 acre tract, same being the northwesterly corner of that called 5.32 acre tract of land described in General Warranty Deed to Ramswaroop R. Buddu and wife, Resmi Surendran recorded in Document No. 2013003409 of the Official Public Records of Williamson County, Texas, for the northeasterly corner of the herein described tract; Page 2 of 4 4) THENCE, departing said existing southerly ROW line, same being the northerly boundary line of said Westview Subdivison, with the common boundary line of said 5.20 acre tract and said 5 32 acre tract, S 02°02'02" E, for a distance of 36.85 feet to an iron rod with aluminum cap stamped "ROW 4933" set 66,00 feet right of proposed Gattis School Road Baseline Station 143+78,06, for the southeasterly corner of the herein described tract; 5) THENCE, departing said 5.32 acre tract, through the interior of said 5.20 acre tract, S 87045'57" W, for a distance of 204.95 feet to the POINT OF BEGINNING, containing 0.175 acre (7,625 square feet) of land, more or less; This property description is accompanied by a separate parcel plat. NOTE: This parcel is accompanied by a 25' wide T.C.E. (Temporary Construction Easement) being coincident with, parallel, and southerly of the above described course 5, as shown on the accompanying sketch. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No 4203, NAD 83. THE STATE OF TEXAS § COUNTY OF WILLIAMSON 6 § KNOW ALL MEN BY THESE PRESENTS. That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M Stephen Tru sdaie Registered Professional Land Surveyor No. 4933 Licensed Stale Land Surveyor Inland Geodelics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 1;1)(1r7-� Dale Uyf Sll;f'lif��f IFtl1�3[}Rf,l; rrrr.rnrr,nuurmurr�r 4933 6 0 fn l �'• Fe's ca t°. •' � 51 f1 5:1 UI20WN&GAYIGATIIS SCIIOOL4?EU13UU TO VLA SONomAwAItcCLSIPARCLL 4•MCCURDY%PARC LL 4.MCCUItI]Y.doe EXHIBIT " PLAT 'M ACCOMPANY r MSFR DIRECTION DISTANCE L I NO)' S8' 52"1Y 37. 50' L2 S02` 02' 0211E 36.85' IL PARCEL DE9CR11y'I0N A. Hol 0I GATT I S SCHOOL ROADrrliria,r � SL'I , I.!I? it-. 10' 1•. IJ.rlPf11 LCSrpIt; I IL',. M.O.W. WIDTH VARIES) x.... x.ot, r�r, ni,s c0v0:dHI.'. TCC I'0)C v{,L . fill r'I'G. 6, rtz T� OSTEIISISLE VCT L _ 'IM071, ) SURIUE ".""` ...._. 0. it,1%c.I PROPOSED CATTIS SC1100L ROAD 13ASELINE 141100 142 00 \\ 143100 144-00 N870 51 '20"E I - , - X14. 15' Y 07'56;20"E. 160. 76' EXIST REVI 10/08 04/12 PAGE 3 01 N 0 30 60 I" 60, in51. d ! I n)� i{ �'-clrlrt•c:.L .� SEE tit 1 •'�..- i 3 _I nl 2 t, ,151 I', :I , IT I x%,111148;"al.. r I f (PROPOSED R. 0. W. w 1 I I f Sal• 45' 57 "V/ 204. 95'„ 1 P. 0. B. P, r r STA. 141-73.11 4 MP l 't r. rl: i d 6.00' RT GRID COOkOINATESI T�� — — — — — — p r STA, 143.7a.06 0. 175 AC. C1., Ilrs, r;. o.,, N•10154644.55 PR 7,625 7, 625 SQ. FT, u,.r,I;. r G6. OD' RT E•3149310.91 i ) r 0. 1 18 AC. i i 5,124 SO, FT. , 4 11 ^� I I ;r tri STUART B. MCCURDY AND I' + • fl DIANA M. MCCURDY I (5. 20 AC. } IN'�i VOL 2172, PG. 280 ,mf RAMS1'lAROOP R. BODDU AND 0. R, W. C. T. i of RESMI SURENDRAN VICTORIO L. 10' I'. ,. TRACT 9 fH OI+-1 ir I' I i (5.32 AC.) TOSTADO AND IN ``'d r"'' r'-1' 1 I DOC, NO. 2013003409 MARIA L. TOSTADO srr r;lrr i i;"jml t ur,, i. r„ ipl I O. P. R. 1Y. C. T. TRACT 7 vlli- �,, f:.,., I. I I p I (5-32 AC.) I I DOC. N0. 9866886 l0 0 WESTVIEWRSUBD©VISION In[ 0. R, 4Y, C, T, iz zl (UNRECORDED) 10 i i V) ruvrr:.,r:r., rr rv, Val. n r lP( va, la . C. / LOT 18 LOT 17 5� ��r� i I GATTIS NO j 1 BRADFORD PARK, SCHOOL RD. ( 1/1 SECTION TFIREE-A N31 36 44 vi V �/ i r 1 ' T rr /CAB. 0, SLIDE 257-258 1.11' P. R. S7. C. T. / EXISTING R.D.W. STA. )3' .G7, 75 J �� \ LOT 20 1280.43' ki I I I rs O % 3. LOT 21 � � DETAIL "A" FA N Du DETIC:SAL LAND Sr)RVF.VoRLM TRAIL RD, STE. 103 200,FAYISI) 38 TX -1251 FIRM RECISTRATION N0. 100571-00 13 M I'IIRC!'I FLAT SHOWING PROPELRTY OF N. F. S. STUART 8. MCCURDY AND DIANA M. MCCURDY PARCEL. 4 SCALE �tn ROJECT COUNTY 1" = 60' GATSCHOOL ROAD VIILLIAMSON r rc crslnnl _r)rnR ,n UIn cnunue .Peart i cwnlrrl i e-I�rrllunr�aeurr I a_urruunr-ucV rrnn Ila Ila 4 EXHIMT "`A PLAT TO ACCOMPANY PARCCL DESCRIPTION LEGEND REVS 10/08/18 04/t2/10 PACE 4 OF 4 0 FENCE CORNER POST FOUND q CENTER LINE 0 t/2" IRON ROD FOUND UNLESS NOTED It PROPERTY LINE G %2" IRON ROD FOUND VI/PLASTIC CAP I �I 7— RECORD INFORMATION LINE BREAK 0 COTTON GIN SPINDLE FOUND fV DENOTES COMMON OWNERSHIP IRON PIPE FOUND UNLESS NOTED P.O.B. POINT OF BEGINNING X X CUT FOUND P.O.R. POINT OF REFERENCE N. T. S. NOT TO SCALE A 60/D NAIL FOUND 0. R. V1. C. T. DEED RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0 1/2" IRON RDD 0. R. W. C. T. OFFICIAL RECORDS 17/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "ROW -4933" SET 0. P. R. iY. C. T. OFFICIAL PUBLIC RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS P. R. W. C. T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 1) All bearings shown hereon are based on grid hearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 03, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO, 1827472-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 26, 2018, ISSUE DATE JULY 5, 2018. IOC. EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT RECORDED IN VOLUME 733, PAGE 814 AND VOLUME 710, PAGE 184 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. D. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN VOLUME 871, PACE 612 AND VOLUME 873, PAGE 948, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. E. 5 FOOT WIDE STRIP ON THE GATTIS SCHOOL ROAD BOUNDARY RESERVED FOR THE PURPOSE OF RIGHT-OF-WAY FOR ROADWAY EXPANSION AS SET FORTH IN INSTRUMENT RECORDED IN VOLUME 871, PAGE 612 AND VOLUME 873, PAGE 948, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. F. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. 0-2017-4069, RECORDED IN DOCUMENT NO. 2017007110, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT T0. G. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. 0-2017-4746, RECORDED IN DOCUMENT NO. 2017092054, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO AND EXHIBIT C AFFECTS AS SHOWN. H. TERMS, CONDITIONS, AND STIPULATIONS IN THE RECIPROCAL ACCESS EASEMENT, RECORDED IN DOCUMENT NO. 2018022987, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. I. AFFIDAVIT TO THE PUBLIC REGARDING AN ON-SITE SEWAGE FACILITY AS RECORDED IN DOCUMENT NO. 2018023556, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE. NOTE: 1) RESTRICTIVE COVENANTS FOR WESTVIFW SUBDIVISION (UNRECORDED) MAY AFFECT THIS PARCEL IN THAT THIS PARCEL IS DESCRIBED AS TRACT 8 IN VOL. 668, PG. 850, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. OTHER PARCELS CONVEYED FROM YIESTVIEW SUBDIVISION ARE ENCUMBERED BY SAID RESTRICTIVE COVENANTS AS CITED IN AND/OR ATTACHED TO CONVEYANCE DEEDS. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIFF AND THAT TNF PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDE -MY DIRECT SUPERVISION. 'p }I M. STE, HSN T UESDALE DATE - RFCISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LIC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 INLAN Du � GEODETICSYOR PROUSSIONAL LAND SURVES ` I SO4 CHISHOLM TRAIL RD. STC. 103 ROUND ROCK. TX. 78681 Pit. ¢12) 231-1200, FAX (SI 2) 238-12S I I FIRKI REGISTRATION NO. 100591-00 14 PARCEL PLAT SHOWING PROPERTY OF STUART B. MCCURDY AND DIANA M. MCCURDY 5CALI PROJECT COUN`Y 1" = 60' [GATTIS SCI(OOI ROAD WILLIAMSON ACQUISITION 1 0. 175 1 7,625 1 CALC/DEED AREA 5.20 1226,512 REMAINDER AREA 5.03 1 218,887 PARCEL 4 Parcel 4 EXHIBIT "B" DEED Gattis School Road Ph. 6 Right of Way THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That DIANA M. MCCURDY, a single person, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All of that certain 0.175 acre (7,625 square foot) tract of land out of and situated in the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 4) SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the property described in said Exhibit "A" to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent casements 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. 004 i?3Rs.voc 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 swine; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of Gattis School Road. 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. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2018. ' GRANTOR: Diana M. McCurdy ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of 20I8 by Diana M. McCurdy, 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 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 3. EXHIBIT "C" Page 1 of 3 Parcel 4 TEMPORARY CONSTRUCTION WORKSPACE EASEMENT Gattis School Road Waste Water Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That DIANA M. MCCURDY, referred to as "Grantor", in consideration of 51.0.00 and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("GRANTEE") does hereby grant to GRANTEE, its agents, contractors, successors and assigns, a temporary construction workspace casement for the purpose of additional workspace and temporary storage of material and equipment to allow construction and installation of proposed waste water line facilities and other necessary structures and related appurtenance construction ("Project"), all to be located within adjacent easements or right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: NIA. Following completion of work within the temporary construction workspace casement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. To the extent allowed by law, GRANTEE shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of GRANTEE's agents or employees in the course of their employment. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. Grantee shall only remove any hardwood trees larger than 6 (six) inches in diameter from the temporary construction workspace easement areas if approved and determined by the City Engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. GRANTEE shall be allowed to extend the duration of the Temporary Construction Workspace Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (I) notification to Grantor in writing of the requested extension period(s), and (2) tendering the additional sum of $250 for each additional extension period used. 004123R5 DOCX Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument this _day of , 201 i3. GRANTOR: Diana M. McCurdy Acknowledgement State of Texas County of This instrument was acknowledged before me on by Diana M. McCurdy, in the capacity and for the purposes and consideration recited herein. Notary Public—State of Texas Page 3 ora AGREED: CITY OF ROUND ROCK, TEXAS Laurie Hadley, City Manager Acknowled ement State of Texas County of Williamson This instrument was acknowledged before ane on Laurie Hadley, City Manager for the City of Round Rock, and consideration recited herein. After recording return to: by Texas, in die capacity and for the purposes Notary Public—State of Texas City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of a Real Estate Contract with Diana M. McCurdy to purchase property interests required for the Gattis School Rd. and Gattis School Wastewater construction projects, and execution of a Temporary Construction Easement agreement in connection with same (Parcel 4). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/9/2018 Dept Director: Gary Hudder Cost: Indexes: RR Transportation and Economic Development Corporation (Type B); Self -Financed Wastewater Construction Attachments: 00412741.PDF, 00412505.PDF Department: Transportation Department Text of Legislative File CM -2018-1941 Consider execution of a Real Estate Contract with Diana M. McCurdy to purchase property interests required for the Gattis School Rd. and Gattis School Wastewater construction projects, and execution of a Temporary Construction Easement agreement in connection with same (Parcel 4). The contract purchase price of $41,909.00 is equal to the City's appraised value for this property acquisition. Cost: $41,909.00 Source of Funds: RR Transportation and Economic Development Corporation (Type B) and Self -Financed Wastewater Construction City of Round Rock Page f Printed on 11/6/2018