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R-2019-0087 - 2/14/2019 RESOLUTION NO. R-2019-0087 WHEREAS, the City of Round Rock("City") desires to purchase all of that certain 0.096-acre tract of land necessary for construction of the proposed Gattis School Road Phase 6 Right of Way Project(Parcel 16); and WHEREAS, WSP Development #1, Ltd., the owner of the Property, has 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 WSP Development#1, Ltd., 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 14th day of February, 2019. CRAIG OR ,Mayor City of Rountiptock, Texas ATTTjEyST::�� � � ,� � / !I aW�[A4, vV(�il/tA. SARA L. WHITE, City Clerk 0112.M2,W17615 EXHIBIT „A» REAL ESTATE CONTRACT Gattis School Road Ph. 6 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between WSP DEVELOPMENT#l, LTD., a Texas limited partnership (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 tracts)of land described as follows: All of that certain 0.096 acre(4,187 square foot)tract of land out of and situated in the Samuel Jenkins Survey,Abstract No.347 in Williamson County,Texas; being a portion of Lot 8 Block "A", Stonecrost Retail Subdivision, a Subdivision of Record in Cabinet V, Slides 360-361 of the Plat Records of Williamson County, Texas, being the remainder of that Called 19.771 acre described in Special Warranty Deeds to WSP Development #1, LTD recorded in Document No. 2001019239 and Re Recorded in document No.2001032313 of the Official Public Records of Williamson County, Texas; more fully described in Exhibit "A", attached hereto and incorporated herein Parcel 16 ; 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'l, and any improvements and fixtures situated on and attached to the Property described in Exhibit"A" not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions,and conditions set forth below. ARTICLE H '.. PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the Property, compensation for any improvements on the Property, and for any damage or cost of cure for the reconfiguration of the remaining property of '.... Seller shall be the sum of SIXTY-SIX THOUSAND NINE HUNDRED NINETY-TWO and 00/100 Dollars(566,992.00). 00116806.000 Payment of Purchase Price 2.02.The Purchase Price shall be payable in cash at the Closing. ARTICLE IU 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 OFSELLER 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) Thera 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 thereat; 4.02.The Property herein is being c nveved to Purchaser under threat of condemnation. 2 '.. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Independence Title Company on or before February 28, 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 heroin referred to as the"Closing Date"). Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed conveying 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)The Deed shall be in the form as shown in Exhibit"B"attached hereto. (3) Assist with any requirements necessary for Title Company to 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) Exceptions for existing restrictive covenants and Agreement and Development Plan for Weston Planned Unit Development No. 45, as further identified in title commitment GF 1827484-KFO effective July 5, 2018 and issued by Title Company shall be included as 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". 3 (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03.At the Closing,Purchaser shall: { (a) Pay the cash portion of the Purchase Price. f Proration 5.04. General real estate taxes for the then current year relating to the Property shall be proraied 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 home and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed,tax certifioates,and title curative matters,if any,paid by Purchaser. I (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any,shall be forthwith returned by the title company to Purchaser. 4 ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS Notice 8.01.Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser,as the case may be,at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County,Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 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 prevision had never been contained herein. 5 Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8.06.Time is of the essence in this Contract. Gender 8.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract I 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager,which date is indicated beneath the Mayor's or City Manager's signature below. Counterparts 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. [signature page follows] 6 SELLER: WSP Development#1,Ltd.,a Texas limited partnership By: WSP Management,LLC j a Texas limited liability company j its General Partner Y By: 1-4 Bradley D. Stilith Chief Executive Officer Date: f- 2/ - /9 PURCHASER: CITY OF ROUND ROCK,TEXAS I By: Address: 221 East Main St. Craig Morgan,Mayor Round Rock,Texas 78664 Date: 7 I 01.02.2018 e Page 1 of 4 EXHIBIT` , County: Williamson Parcel : 16 Project: Gauls School Road PROPERTY DESCRIPTION FOR PARCEL 16 DESCRIPTION OF A 0.096 ACRE (4,187 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL JENKINS.SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 8, BLOCK "A" (0.965 ACRES), STONECREST RETAIL SUBDIVISION,A SUBDIVISION OF RECORD IN CABINET V, SLIDES 360-361 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,TEXAS, BEING THE REMAINDER OF THAT CALLED 19.771 ACRE DESCRIBED IN SPECIAL WARRANTY DEEDS TO WSP DEVELOPMENT#1, LTD. RECORDED IN DOCUMENT NO. 2001019239 AND RE-RECORDED IN DOCUMENT NO. 2001032313 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.098 ACRE (4,187 SQUARE FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING FOR REFERENCE at a 1/2 Inch iron rod with plastic cap stamped "Bury R Partners" found 268.40 feet left of proposed Gallia School Road Baseline Station 171+34.38, being the northwesterly comer of said Lot 8, same being the southwesterly corner of Lot 7 of - said Stonecreat Retail Subdivision, also being in the easterly boundary line of Lot 25, Block"A", Lake Forest 11, Village I Final Plat, a subdivision of record in Cabinet V, Slides 120.122 of the Plat Records of Williamson County,Texas; THENCE, with the common boundary line of said Lot 8, said Lot 25, and in part, Lot 26, and Lot 40, of said Lake Forest 11, Village 1, S 02°30'59" E. at a distance of 200.90 feet, pass an Iron rod with aluminum cap stamped "ROW 4933" set 69.49 feet left of proposed Gattis School Road Baseline Station 171+61.24, being an angle point In the proposed northerly right-of-way(ROW) line of Gallia School Road (ROW width varies), and continuing for a total distance of 203.89 feet to a 1/2 inch Iron rod with aluminum cap stamped"ROW 4933"(Grid Coordinates determined as N=10155147,76, E=3152263.99 TxSPC Zone 4203) set 66.59 feet left of said proposed Gatlis School Road Baseline Station 171+61.66, being an angle point in said proposed northerly ROW line, for the northwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said Lot 40, with said proposed northerly ROW line, through the Interior of said Lot 8, S 86°31'12" E, for a distance of 177.88 feet to an iron rod with aluminum cap stamped "ROW 4933" set 75.47 feet left of proposed Gattis School Road Baseline Station 173+37.29, being in the eastorly boundary line of said Lot 8, same being the westerly boundary line of Ball Lot 7, for the northeasterly corner of the herein described tract, and from which, a 1/2 inch Iron rod with plastic cap (unreadable) found, being the northeasterly corner of said Lot 0 bears, with the common boundary line of said Lot 8 and said Lot 7, N 03°00'37"W,at a distance of 227.12 feet; Page 2 of 4 2) THENCE, departing said proposed northerly ROW line, with said common boundary line, 5 03°00'37"E, for a distance of 29.31 feet to an"X"found cut in concrete in the existing northerly ROW line of Gattis School Road (ROW width varies), being the most southerly southeasterly corner of said Lot 7, same being the southeasterly corner of said Lot 8,for the southeasterly comer of the herein described tract; THENCE,departing said Lot 7,with said existing ROW line of Gallia School Road,same being the southerly boundary line of said Lot 8, the following two(2)courses: 3) N 81°30'43" W, for a distance of 130.36 feet to a 112 inch iron rod with plastic cap stamped'Waterloo 4324"found, for an angle point; 4) N 87°63'43" W, for a distance of 49.02 feet to a 112 inch iron rod with plastic cap stamped 'Watedoo 4324" found, being the southwesterly corner of said Lot 8, same being the southeasterly corner of said Lot 40, for the southwesterly corner of the herein described tract; 5) THENCE,departing said existing ROW line,with the common boundary line of said Lot 8 and said Lot 40, N 02030'69"W,for a distance of 22.16 feet to the POINT OF BEGINNING, containing 0.096 acre(4,187 square feet)of land, more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.4203, NAD 83. THE STATE OF TEXAS § '.... § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described heroin was determined by a survey made on the ground under my direct supervision. WITNESS MYY H ND AND SEAL at Round Roc Williamson CCounttyy,,'Texas. M.M. Sin Tru sdale Dale Registered Professional Land Surveyor No.4933 / ''.0 OF Licensed State Land Surveyor Inland Geodetics, LLC / „'��" 1 ' '"oh Firm Registration No: 100691-00 ( .§rtitilrj rniiaiaie �..., p,.,.,.,�..,. 1604 Chisholm Trail Road, Suits 103 l 4.}y;r v�Jeri Round Rock, TX 78681 yjYy'��;F r;,,,,�;`.•rO S:LDROVM&GAT nISSCROOL-REDDUOTOVIASONOMANARCELSWARCELIOWSM1DEVELOPMUNTRI%PARCEL 1OWSPOEVELLOT 8 STONECRESTAro EXH 10 IT "• 1 ` PLAT TQ ACCOMPANY PARCEL DESCRIPTION Ov02116 .I PAGE 3 w R 1 �, NUMBER DIRECTION DISTANCE n KEN "JA� 1 LI 503•W'3T'E 29.31` N0' ,, L2 N87.5J'43'W 49.02' (GI" fjW" (62) (N85.44'37•W) (49. 17') C_jh'7"I�6S� LOT 24 I i, L3 NO2.30.59-W 22. 15' I; 1 i1 P.O.fl. ......_.._._..__....___..___...._` i i STA. 17'•31.30 1 ' I LOT 7 `, i l ?i aG9.4o' LT i }\-3 041 AC. _ -_.Q.l ; I; 0 30 fi0 PAI NIIII d LOT 24 j9n ' i - dY i r-N' ii I 60 zg9r 1 CktM L[ IG I„ 1 Wrfin'VU'_''U AAG 8 L 0 C K i i SI.... _. _....... i PU AC. 1 5 `\ IC ' OW. !MA XUOIOIIS\] I I I i ` LOT B 0.965 AC. ; 1li i IL_ L • 'p' m tilWj ' STONECREST RETAIL r o _ of SUBDIVISION E p O K�`\\ H N j CAB. V SLIDE 360-361 O1I 61 R.W.C.T. 3 �1 m 1 N' 1 Ii IN, WSP DEVELOPMENT •I, LTD. WL I 'REMAINDER OF 19.771 ACJ 0 1,, LAKE FOREST II VILLAGE I N GOC. N0. 2001019238 & m, CAB. V. SLID 120-122 o l 2001032313 in nl LOT 6 P.H.,W.C.T, ,.I 1 'llj O.P.R.W,C.T, z1�; I it 0,977 AC. i "riEAn3i o[wR n, ,�� I-' 1 P.0.pp NI ex. ci,.01zumoaLnr o' ' p. Gl lr w A I STA. (TI.61. p\ fi0 D,r.n.R.cn. 121 v LOT 28' I ' 00.59' LT i I nn m Ran ttx.: LD4 ; 010 COORDINATES. 1'S 1 1 4AIf OL k' I'n6P[III pp 10(55141 15 E�J15YY0J.99 STA, 173,in." ... • S.Ii• Li 7f.•n ITnI .--MC m. TRA 585.31 12 E 177,08' LOT 40 M PR P SE I H I "lN$Y•"AB'--^I1'W 19+1 Il' Y"' R.6� t rfCRJ �' ` 'X84430 I _ dal f It 11,. ...._ J'N� 1 ,y Ny W3 VYngl 'F' .Vf'W` J4T" ppI'6 a�. - GY30 JO{jN 3S .r 8N/O X24 I IT} 4.�rl79SOACAT. .o ur Tru3 ._50 yg . _ ?gk27vgT W3. W "y 173." ?1..,.,,.,..... 172" a_.-RDro r .. . sro�la9 JCNOp, m w ` - -- GATTIg .1tljp OAsrtNE K : /N ,mDm LOT B mH00F ROAD '00' STAB 171.61.21 y0,� e. :.. p 2 NN PA0.18.•91.6c v®..—..... 0 68.39' LI GRID COUR IIMTESI m X•1015519].75 LOTS 40 E•315aa63.99 -..•. �4fpr ,,.__p( °--L N SOB•3L`12•E. 177 80• ''' PnoAOSED R.O.W, I Ni , N J I d -- — PARCEL PLAT SHOWING PROPERTY OF INLANDIT CUODE1.ICS+ WSP DEVELOPMENT WI , LTD. 504CHMOUNITRAD.RDS 10 PARCEL 1 6 150f 142" IMTMIL RD.5TE 103 — 9ouNDRDER,nLiwu SCALE PROJECT COUNTY NLDIEGISTA ORM 1011 -1131 fIAM R[GIST_MTIONH0.1GG39(-OG I. = 60' OATTI$ 5CIK1"1- ROAD WILLIAM$gJ 5,vRROWNAGAY\GATTIS 5CNODL-RE00V0 TO VIA 50N01AA\PARCE1.5\PARCEL 16-WSP-ULVLLGPMENT •I\ AR L - SP-U ELOPMENT-q.UM EXHIBIT " LEGEND PLAT TO ACCOMPANY PARCEL DE9CRIPTION PAGE 0Igo2,16 • FENCE CORNER POST FOUND t CENTER LINE 1/Y' IRON ROO FOUND UNLESS NOTED2 PROPERTY LINE I I RECORD INFORMATION O Y2" IRON ROD FOUND W/PLASTIC CAP —yt LINE BREAK O COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP ® I/¢' IRON PIPE FOUND UNLESS NOTED P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE X X CUT FOUND N.T.S. NOT TO SCALE 60/0 NAIL FOUND D.R.W.C.T. DEED RECORDS 0 CALCULATED POINTWILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS 0 %z' IRON ROD W/ ALUMINUM CAP WILLIAMIIS,,ON gCgOUNTY, ppTEXAS STAMPED 'ROW-9933' SET O.P.R.W.C.T. OILLIAMSONUCWNTYECTEXAS (UNLESS NOTED OTHERWISE) P,R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 1) ALL BEARINGS SHOYM HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 63. CENTRAL ZONE, P-) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. (q THERE MAY BE OTHER INSTM41ENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE /M 6TEPWN BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE • 4333 GROUND UNDER Y DIRECT SUPERVISION. <� a0eW891O\,'�QP M. STEPHEN TR ESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR ACQUISITION 0.096 _ 4. 187 INLAND GEODETICS. LLC I'RAM REGISTRATION NO. 100591-00 CALL EO ARE4 0.965 92,035 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78881 1✓DMINOER MEA 0.869 37,848 PARCEL PLAT SHOWING PROPERTY OF I N L A N D 0 GEODErICS41 WSP DEVELOPMENT NI , LTD. PARCEL 16 i55,OMAl,AXU tVXV[WK3 I SO4"ISHOIMTKAIL I M SM,103 - P��Oo�II�HOROppCK.TX�{..T��n��a��et SCALE PROJECT COUNTY PMBAOSIMMUN0.I100f9i1300F, I. ^ GD' GATT IS SCHOOL. ROAD I WILLIAMSCN 5.\•DR AY\ T I OL- 1 1A R L \P CEL I -W P-DEVE OPM L '--W P- .VEL OPMF.Hi-•I.JOn I i EXHIBIT tBtt Pott 16 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 WSP DEVELOPMENT RI, LTD., a Texas limited partnership, 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 0.096 acre (4,187 square foot) tract of land out of and situated in the Samuel Jenkins Survey, Abstract No. 347 in Williamson County, Texas; more fully described in Exhibit"A",attached hereto and incorporated herein(Lame] 16 SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the property described in said Exhibit "A"to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. M5r78.DOC s . I Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however,that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with,jeopardize,or endanger the facilities of the City of Round Rock,Texas or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth,gravel, caliche, imn 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 , 2019. GRANTOR: WSP Development#1,Ltd.,a Texas limited partnership By: WSP Management,LLC a Texas limited liability company its General Partner By: Bradley D. Smith Chief Executive Officer 2. ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on this the day of 2019 by Bradley D. Smith, 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 Atm:City Manager 221 Main Street Round Rack,Texas 78664 AFTER RECORDING RETURN TO: 3.