R-2019-0093 - 2/14/2019 RESOLUTION NO. R-2019-0093
WHEREAS, the City of Round Rock ("City") desires to purchase right of way necessary for
the Gattis School Road Phase 6 Right of Way Project, and said tracts ("Property") are described as
follows: All of that certain 0.301-acre tract of right-of-way (Parcel 2) and a 0.198-acre temporary
construction workspace easement interest(Parcel 2-TCE), and
WHEREAS, Even Rock, LLC, 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 Even Rock, LLC, 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.
CRAIGA46RG ayor
City of Round k, Texas
ATTEST:
9v m��--77���� ,,'' (n�nn ''�
,V- V �:
SARA L. WHITE, City Clerk
01121 W2.Daum
EXHIBIT
„A„
REAL ESTATE CONTRACT
Gattis School Road Ph. 6 Right of Way
THIS REAL ESTATE CONTRACT("Contract'l is made by and between EVEN ROCK,
LLC, a Texas limited liability company, (referred to in this Contract as "Seller", whether one or
more) and the CITY OF ROUND ROCK,TEXAS (referred to in this Contract as "Purehaseel,
upon the terms and conditions set forth in this Contract.
ARTICLE I
_ PURCHASE AND SALE
7
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for,the tract(s)of land described as follows:
All of that certain 0.301 acre (13,111 square foot)tract of land out of and situated
in the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more
fully described by metes and bounds in Exhibit "A",, attached hereto and
incorporated herein(Parcel 2 ;and
Temporary construction workspace easement interest in and across all of that
certain 0.198 acre (8,611 square foot) tract of land out of and situated in the Asa
Thomas Survey, Abstract No. 609 in Williamson County, Texas; more fully
described on the plat to accompany parcel description in Exhibit "A", attached
hereto and incorporated herein(Parcel 2-TCE)
together with all and singular the rights and appurtenances pertaining to the property, including
any right,title and interest of Seller in and to adjacent streets, alleys or rights-of-way(all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A"
not otherwise retained by Seller, for the consideration and upon and subject to the terms,
provisions,and conditions set forth below. .
ARTICLE 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-ONE THOUSAND THREE HUNDRED TWENTY-SEVEN
and 00/100 Dollars($61,327.00).
00117048 M1C
Payment of Purchase Price
2.02.The Purchase Price shall be payable in cash at the Closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
I
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,rales,
and restrictions relating to the Property,or any part thereof;
4.02.The Property herein is being conveyed to Purchaser under threat of condemnation.
2
I�
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
February 28, 2019, 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 m the"Closing Date").
Seller's Obligations at Closing
5.02.At the Closing Seller sball:
(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 Ill 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 Workspare 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) Assist with any reasonable requirements for Title Company to deliver to Purchaser a
Texas Owner's Title Policy, at Purchaser's sole expense,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 m to restrictive covenants shall be endorsed "None of
Record",if applicable;and
3
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03.At the Closing,Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the closing. If the Closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
Agricultuml 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.
i
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
i
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 VIH
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.
Least 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.
I
5
i
Prior Agreements Superseded .,
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes -
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06.Time is of the essence in this Contract.
Gender
8.07.Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be famished 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
li
SELLER
EVEN ROCK,LLC,
a Texas limited liability company
Address: 9,C) PSK 8t 27
By.
Name: G, Z K 6 E5!
Its: M pcw
Date:
I
PURCHASER:
CITY OF ROUND ROCK,TEXAS
By. Address: 221 East Main St
Round Rock,Texas 78664
Printed Name:
Its:
Date:
7
I
REV. 10/0812018
04-13-2016
Page 1 of
EXHIBIT
County: Williamson
Parcel : 2
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 2
DESCRIPTION OF A 0.301 ACRE(13,111: SQUARE FOOT)TRACT OF LAND SITUATED IN THE ASA
THOMAS SURVEY,ABSTRACT NO. 609, IN WILLIAMSON COUNTY,TEXAS, BEING.A PORTION OF
THAT CALLED 5.339 ACRE TRACT OF LAND (BEING TRACT 6 OF WESTVIEW SUBDIVISION
(UNRECORDED)), DESCRIBED IN WARRANTY DEED TO HOWARD LEE PARHAM III AND JANIS
NEWBY PARHAM RECORDED IN VOLUME 2522, PAGE 647 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY,TEXAS,SAID 0.301 ACRE(13,111 SQUARE FOOT)TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 112" iron rod.found 702.72 feet right of proposed Gattis School
Road Baseline.Station 136+41.15, being the southwesterly comer of said S. 339 acre track same being
the southeasterly comer of that called 5.32 acre tract of land described in Warranty Deed with Vendors
Lien to The Fellowship At Forest Creek recorded in Document No. 2005011271 of the Official Public
Records of Williamson County,Texas,
THENCE, with the common boundary line of said 5.32 acre tract and said 5.339 acre tract,
N 02°01'11"W,for a distance of 636.73 feet to an iron rod with aluminum cap stamped"ROW 4933" set,
(Grid Coordinates determined as N=10154623.92, E=3148781.80 TxSPC Zone 4263), 66.00 feet right of
proposed Gattis School Road Baseline Station 136+43.53, In the proposed southerly right-of-way(ROW)
line of 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 bile, with the common boundary line of said
5.32 acre tract and said 5.339 acre tract, N 02"01'11" W; for a distance of 38.33 feet to the
calculated .common northerly miner of said 5.32 acre tract and said 5.338 acre tract in the
existing southerly ROW line of said Gattis School Road, same being in the northerly boundary
line of said Westview Subdivision,for the northwesterly comer of the herein described.tract, and
from which a 112"iron rodfound beam S 18`4T1(°W, ata distance of 0.81.feet;
2) THENCE,departing said 5.32 acre tract,with the existing southerly ROW line of.Gattis-School
Road, same being the northerly boundary line of said 5.339 acre tract and said Westview
Subdivision, N 87°81120"E,for a distance of 344.51 feet to the calculated northeasterly corner of
said 5.339 acre tract, same being the northwesterly comer of that called 5-32 acre tract described
in General Warranty Deed to Vittorio L Tostado and spouse, Marla L. Tbstado recorded in
Document No.9866886 of the Official Records of W illamson County.Texas,for the northeasterly
corner of the Herein described tract;
Page 2 of 4
3) THENCE, departing said existing southerly ROW line, same being said northerly boundary line of
said Westview Subdivision,with the common boundary line of said 5.339 acre tract and said 5.32
acre track S 01.5703"E,for a distance of 37,79 feet to aniron rod with aluminum cap stamped
'ROW 4933"set 66.00 feet right of proposed Gallia School Road Baseline Station 139+88,00,for
the southeasterly corner of the herein described tract, and from which a 11T iron rod found, being
the southeasterly corner of said 5.339 acre trail same being in the westerly boundary line of said
5.32 acre tract bears S 01°57'03"E.at a distance of 638.70#eet;
4) THENCE, departing said 5.32 acre tract. through ft interior of said 5.339 acre tract,
S 87141957" W; for a distance of 344.47 fleet to the POINT OF.BEGINNING, Containing D.301
acre(13,111 square feet)of land, more or less.
NOTE:This parcel is accompanied-by a T.C.E.(Temporary Construction Easement), being 25 feetwide,
coincident with, parallel and southerly of the above described call 4, as shown onthe accompanying
sketch.
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 OFWILLIAMSON §
That I, M.Stephen TmesdaW 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.
,NL St en T esdale Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor of
Inland Geodefics, LLC �pjka�s*Eq�+,P
Firm Registration No: 100591-00
1504 Chisholm Trail Road,Suite 103 •A1"S1�fPHB�....
ALE
Round Rode TX 78681 -
4933
5:1.BROwNSCAYIGATTIS S,,,,,-REORUnTONWSONOM WARCELSPARCEL 2-PARH PARCEL 2-PARH Md.
EXHIBIT "A"
PLAT TO A.CMMPANT PARCEL DFSCRHYMN REVf 10/08!1:oviu .
LPAGE 3 OF 4
------ - --------
I . A. HOLDER SUhIF1--
ABS N
TRAL'T Nc 297 _
GATTIS SCHOOL ROAD -
1R.9.Y wo.YMIM R4p„4Pf1. aW
. . 6n�la,mc sw AIxS — _ —. — 0 30 60
BASE INE,I I in .
pmpo—E-40RTn5 sCMDOL P, �_ I.d.�r
139^00
– -
s acemaoeN I}'!i oq� a,;s�-I� �t o—� 'e^t a^•. _""' 1 60'
ICECSS fF Uk4 ..-.--�
voc eo WtYMioSa ' ExRTING R O W..
6#•e6. :e1w t -. . . -- - -"NeT'Sf ZD. E" 744 5f T _. ,__
q ro v.p f vcl. vw rc
at U R 11•f61 9J5 PROP05ED R O.R. 1
--_..,: L•. Ser45'5T"W 344.47. 1
- 1
I IAC. RT
-664 139.e&oo
---} — ----- 0 301 AC. .99.00• 1 I
I I { - P OrB. --- 13,11 50. FT. k I I i
STA. 136141.53 I ( G
I I 0!ID CWMNINNATE51 - PROOSE
P09B5- T C.E.ToNimez 0.
i I E•3198T91.80 9,611 S0. FT. I { HM1^.F
lo,famd
r{M1 V
Ij VT HOWARD LEE PARHAM 111 AND
f-{{�{ .v'mi 1il3�M ;
IJAMS NEWSY PARHAM rtm s, grc
l,rilvl - f5:339 AC.)
n
VOL. 25$2 PI'i. 647 1Di I 7°'•� O
Ii0' I O.R.Yjf.T.
'4 Jf`a 13 wi ro w
alo.I I>
�WNCI I"_I I
S6 NU p rn'r
;�uso; f R11 TRACT 6 F4' al.1l I
Or- "1 I• of WESTVIEW SUBDIVISION
(UNRECORDED) 00p-5 gip, . 0i I
1i1a zo01
,=I$1 �� �i I
`I� t Fir yI
0
I I
I �I I iJ• P.v.t saehnr'n. s
1 1
jvw�',
S ___ --I I
4__---�- -.------ - RD.
R.O.R.P:0 R.
n1 FRED R. ANDERSAND WIFE I
WIL RACT RDERSNUMBER OIRECTIDN DISTANCE (5.53 AC.)
LI - NO2"O1'ti"W 38.33' VOL•D:R.W,CPA.
15 I 1
12 501^5T.o3"E 37.79 DETAIL •R•
.PARCEL PLAT SHOWING PROPERTY OF
INLANDU HOWARD LEE PARHAM 'III AND
GEEODETICSJANIS NEWBY PARHAM PARCEL 2
HM1l4NDFVRVfYOIC<
ISG(CMSHOLMTR9L0.D.SlF.103
RGUNDROM1 .79691_ SCALE I PROJECT COUNTY
ARMMsTmmuMlm91a 60 GATTF55LYODLROAD WILLIAMSCN
EXHIBIT " "
PLAT TO ACCOMPANY PARCEL DESCRIPTION REV. 10roat a
04/131tV
PAGE 4 OF 4
LEGEND
i FENCE CORNER POST FOUND E CENTER LINE
0 %2" IRON ROD FOUND UNLESS NOTED 2 PROPERTY LINE
(' ! RECORD INFORMATION
0 V2" IRON ROD FOUND W/PLASTIC CAP — LINE BREAK.
O COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP
0 t/2" IRON PIPE FOUND UNLESS NOTED P•0.B. POINT OF REFERENCE
P.O.R. POINT OF REFERENCE
X X CUT FOUND N.T.S. NOT TO SCALE
A 'GOfD NAIL FOUND D.R.W:.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
A CALCULATED POINT O.R.W.C:T. OFFICIAL RECORDS
0 1/2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS
STAMPED "ROW-4973" SET O.P.R.W.C.T. WILLIAMSON CLOUNTY, TEXAS
(UNLESS NOTED OTHERWISE) P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
U All bearings engin wean ore based on grid bearing. A11 distmaes Ore surface dlstmcss. Coordinates are
surface voluee boxed on the Texas 5tote Pima Coordinate System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE OF NO. 1827470-00,
ISSUED BY TITLE RESOURCES GUARANTY COAFANY, _EFFECTIVE DATE JUNE 23, 2018, ISSUE DATE JULY 3, :2018.
1. RESTRICTIVE COVENANTS: VOLUME 706, PAGE 935, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT M.
IOC. EASEMENT TO.TEXAS POWER S.LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT RECORDED
IN VOLUME 537, PAGE-762, OF THEDEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
D. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN VOLUME-
706, -PAGE 935 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
E. 5 FOOT NIDE 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-706, PAGE 935, OF THE DEED RECORDS OF MILLI AMSON
COUNTY, TEXAS, AFFECTS AS SHOWN. .
F, -RECIPROCAL ACCESS EASEMENT RECORDED IN DOCUMENT NO. 2018022987, OF THE OFFICIALPUBLICRECORDS OF
WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
G. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. 0-2017-40669, RECORDED IN DOCUMENT NO. 2017007110,
OF THE. OFFICIAL PUBLIC RECORDS OF WI LLIAMSON COUNTY, TEXAS, ;SUBJECT 70.
H. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. 0-2017-4746, RECORDED IN DOCUMENT ND. 2017092054,
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO AND EXHIBIT C AFFECTS AS SHOWN..
r O
I HEREBY CERTIFY THAT THIS PEAT IS TRUE AND CORRECT TO THE A$TLpIH-N UHUEBDAI
BEST OF MY KNOWLEDGE AND BELIEF ANO THAT THE PROPERTY
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UN MY DIRECT ERVISI
u�E
M. STEPREN'TRUESDALE DATE:
LICENSEDD PROFESSIONAL LAND STATELAND SURVEYOR SURVEYOR NA. 4933
ACOUIS[TIW 10.301 13,111
INLAND GEODETICS, LLC
FIRM REGISTRATION M. 100591-00 CALflDEEO MEA S.339 232,567
1504.CHISHOLM TRAIL ROAD, SUITE 103. RBN.INCER MFA 5,030 219,456
ROUND ROCK, TEXAS TBSSt"
PARCEL PLAT SHOWING PROPERTY OF
INLAND M HOWARD LEE PARHAM III AND
C.EODETICJANIS NEWBY PARHAM PARCEL 2 �
PR f 1OlUt1AHD 0.VkVM4
ISa4 CHG
RGGNDRaa,D ROCK..ABRD SIE.IDI -
Tx,74Ge1 SCALE PROJECT COUNTY
HI ISID Elb1100,iA%NIW 2I 12$1
HRN Rrcisrvw,xm xa 14RT9R-40 1^ , 60' GATTIS SCHOOL ROAD WILLIAMSCN
EXHIBIT "B"
Parcel 2
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 EVEN ROCK, LLC, a Texas limited liability company, hereinafter referred to as
Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable eonsideration 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 0.301 acre (13,111 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(Panel2
i
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.
M4464zoOC
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 j
to the public users thereof; it being intended, however, that nothing in this reservation shall affect the
tide 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
201_
GRANTOR:
EVEN ROCK,LLC,a Texas limited liability compahty
By:
Name:
Its:
J
2.
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me.on this the_ day of
201_ by in the capacity and for the purposes and consideration
recited therein. -
i
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:
I
3.
EXHIBIT licit
Page 103
Pad r
TEMPORARY CONSTRUCTION WORKSPACE EASEMENT
Gattis School Road Waste Water Improvements
THE STATE OF TEXAS 3
4
COUNTY OF WILLMMSON ?F KNOW ALL MEN BY THESE PRESENTS:
That EVEN ROCK, LLC, a Texas limited liability company, 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.
i
Following completion of work within the temporary construction workspace easement 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 w 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 art 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.
00416814 nnCX
i
PW243
IN WITNESS WHEREOF, the parties hereto have executed this instrument this _day of
,2019.
GRANTOR-
EVEN
RANTOREVEN ROCK,LLC,a Texas limited liability company
BY.
Name:
Its:
Acknowledeement
State of Texas
County of
This instrument was acknowledged before me on by
in the capacity and for the purposes and consideration recited
herein.
I
I
Notary Publi"tate of Texas
1
PW3 ora j
AGREED:
CITY OF ROUND ROCK,TEXAS -
By:
Laurie Hadley,City Manager
Acdmowled¢ement
State of Texas
County of Williamson
This instrument was acknowledged before me on by
Laurie Hadley, City Manager for the City of Round Rock,Texas,in the capacity and for the purposes
and consideration recited herein.
Notary Pabli"tate of Texas
After recording return to:
I