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R-2019-0082 - 2/14/2019 RESOLUTION NO. R-2019-0082 WHEREAS, the City of Round Rock ("City")desires to purchase all of that certain 0.260-acre tract of land necessary for construction of the proposed Gattis School Road Phase 6 Right of Way Project(Parcel 11); and WHEREAS, Faith Baptist Church or Round Rock, Texas, Inc., 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 Faith Baptist Church or Round Rock, Texas, Inc., 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. /'. CRA16 ORGA ayor City of ound Ro ,Texas ATTEST: ,� �� n L7VY-GV' VW""`'U SARA L. WHITE,City Clerk 0112.[Po,�GMl] EXHIBIT „Ar, REAL ESTATE CONTRACT Gattis School Road Ph. 6 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between FAITH BAPTIST CHURCH OR ROUND ROCK,TEXAS, INC.,(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 !. PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for,the tract(s)of land described as follows: All of that certain 0.260 acre (11,312 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 Parcel 11 ; 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 11 PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the Property described in Exhibit"A",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 ONE HUNDRED FIVE THOUSAND FIVE HUNDRED and 00/100 Dollars($105,500.00). Payment of Purchase Price 2.02.The Purchase Price shall be payable in cash at the Closing. 0 IA43.DDe '. ARTICLE DI 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) 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 Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Independence Title Company on or before February 22, 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 as the"Closing Date"). 2 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) Provide reasonable assistance w requested to cause Title Company to provide 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 Obligations at Closing 5.03.At the Closing,Purchaser shall: '.. (a) Pay the cash portion of the Purchase Price. 3 Promtions 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 1[[ 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. 4 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 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 to 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: FAITH BAPTIST CHURCH OF ROUND ROCK,TEXAS,INC. / Address: Name: Its: hs-10-12— Date:- PURCHASER: s- 0Q_Date:PURCHASER: CITY OF ROUND ROCK,TEXAS By: Address: 221 East Main St. Craig Morgan,Mayor Round Rock,Texas 78664 Date: 7 01-24-2018 Page 1 of 4 EXHIBIT County: Williamson Parcel : 11 Project: Gallis School Road PROPERTY DESCRIPTION FOR PARCEL 11 DESCRIPTION OFA 0.260 ACRE (11,312 SQUARE FOOT) TRACT OF LAND SITUATED IN TFIE SAMUEL JENKINS SURVEY, ABSTRACT NO, 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A(2.39 ACRES), FINAL PLAT OF FBC ADDITION, A SUBDIVISION OF RECORD IN CABINET W, SLIDES 116-117 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN WARRANTY DEED TO FAITH BAPTIST CHURCH OF ROUND ROCK,TEXAS RECORDED IN DOCUMENT NO. 2001088258 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.260 ACRE(11,312 SQUARE FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 112" Iron rod found 384.13 feet right of proposed Gallis School Road Baseline Station 160+93.94, being in the westerly boundary line of said FBC Addition, same being the most northerly northeasterly corner of Lot 18, Block"A', High Country, Section One, a subdlvislon of record In Cabinet J, Slide 29-31 of the Plat Records of Williamson County, Texas, also being the southeasterly corner of Final Plat Pulliam Shire(2.46 acres), a subdivision of record In Cabinet X, Slide 64-65 of the Plat Records of Williamson County,Texas; li THENCE, with the common boundary line of said Pulliam Shire and said FBC Addition, N 17°09'50" W, for a distance of 292.76 feet to an iron rod with aluminum cap stamped"ROW 4933" (Grid Coordinates determined as N=10164879.67, E=3151214.92 TxSPC Zone 4203)set 91.60 feet right of proposed Gallia j School Road Baseline Station 160+82.45 in the proposed southerly right-of-way (ROW) line of Gallis School Road(ROW width wades), for the southwesterly corner and POINT OF BEGINNING of the herein described tract; i 1) THENCE, departing said proposed southerly ROW line, continuing with said common boundary line, N 17°09160"W,for a distance of 48.83 feet to a 112" Iron rod farad in the existing southerly ROW Ilne of Gallia School Road(ROW width varies), same being the common northerly corner of said Pulliam Shire and said FBC Addition, for the northwesterly corner of the herein described tract; THENCE, departing said Pulliam Shire, with said existing southerly ROW line, same being the northerly boundary line of said FBC Addition, the following two(2)courses: 2) N 72°2610" E, for a distance or 8.43 feet to a 1/2" iron rad found, for a point of curvature of a non-tangent curve to the right; 3) Along said curve to ore right, having a delta angle of 06°14'18", a radius of 2814.93 feet, an are length of 306.49 feet and a chord which bears N 76168163" E, for a distance of 306.34 feet to the calculated northeasterly corner of said FBC Addition, same being the northwesterly corner of Lot 1, Block"A" of the Christ Covenant Addition a subdivision of record in Cabinet T, Slide 8 of the Plat 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, with the common boundary line of said FBC Addition and said Christ Covenant Addition,S 17°12'14"E,for a distance of 30.68 feet to an iron rod with aluminum cap stamped"ROW 4933"set 73.57 feet right of proposed Gattis School Road Baseline Station 164+01.06 In said proposed southerly ROW line, for the southeasterly corner of the herein described tract, and from which, a ill" Iron rod found, being the common southerly Corner of said FBC Addition and said Christ Covenant Addition, same being the common northerly corner of Lot 12 and Lot 11, Block"A', said High Country, Section One, bears S 17°12'14"E,at a distance of 274.38 feet; THENCE, departing said Christ Covenant Addition, with said proposed southerly ROW line, through the interior of said FBC Addition,the following two(2)Courses: 5) S 82024'04" W, for a distance of 76.08 feet to an iron rad with aluminum cap stamped "ROW 4933' set 67.22 feet right of proposed Gattis School Road Baseline Station 163+22.21, for an '.. angle point; 6) S 68'28'53" W, for a distance of 238.93 feet to the POINT OF BEGINNING, containing 0.200 acre(11,312 square feet)of land,more or less. This properly description is accompanied by a separate parcel plat All bearings recited herein are based on the Texas Slate Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § § KNOW ALL MEN BY THESE PRESENTS: That I, M. Stephen Truesdale,a Registered Professional Land Surveyor,do hereby certify that the above description is true and Correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. I, WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas. e . M.Stp ten Tr esdale Date Registered Professional Land Surveyor No. 4933 OF Licensed Slate Land Surveyor [lAp.rp3 s} Inland Geodelics, LLC 81Jca• fQ,T. Firm Registration No: 100591-00 ....8fEF11EN.NIli9 iE 1 1504 Chisholm Trail Read, Suite 103 11 { h),In P.,'. Round Rock,TX 78681 \jI" ;`y . `VyG`AFrIn'li,,�t> S\RROWN&CAY TRS5CHOOL-RF011Ue TO VIA SONOMTARCEISTARCEL II-FAITHRAPTISTCHURCHI PARCEL I I FAITH BAPTIST CHURCHMOC it EXHIBIT "A. PLAT TO ACCOMPANY PARCEL DESCRIPTION ovx46 PAGE n 3 oT a NUMBER DELTA RADIUS I LENGTH CHOflO CHOflD BEARING / CI 06. 14' 18' 2814.93' 306. 49' 306.34' N75.58'53'E 1 (C2) 1 (06. 14'42') (2814.93' 1 (306.81') (306.66') (478.07'00"E) f- 160 00 P4024.6.Ep GATT �D i i .vb.n r. I-61 100 -i 013 L (4799948. 3 rxE_ � ,r„ '62'00 - 0 30 60 I 472024330 E I � CATTIS $C iw.Do� HOOLr 60' r' G.d:r; nonr vigxsi:ROAD Cl I� I � ENISiINO W R S69.20157100 238 93 ' I ti ty P.0.0. STA. 160.82.45 " a. aee 1 1 c910DIC"mxATESr I I I 1 1 STA lu 22.21 N•10154019.61 I ' 62 22 RT E.3151214.9? I 22 I I I�j12650 C FT. i 11 1 ^^• Su. 16a•Dl.os I .�eoiio�isn ' 73.sr• m I .o I LOT 1 BLOCK A xo� I I�m I (3.016 AC. I FAITH BAPTIST CHURCH a vJiz I IN M OF ROUND ROCK. TEXAS I„I (2.39 AC.) OOC. NO. 2001088250 mlvA as'i I �3 O.P.R.W.C.T. nIn x m I „N, Y SMI o cU(;VV NI o o o (2.39 AC.1 11412 2 a2/�1 1 wlW ow K o� j I=z �PpDil�tij(tl`�'1 1411 .'ol z ; t\I) n I jl'K (2.46 AC.) I FBC ADDITION CAB, W, SLIDE 116-117 < i P.R.A.C.T. I NUMBER DIRECTION DISTANCE L' I I LI NIT09'S0'W 48.53' I 1P.0.R. L2 SI7. 12' 19°E 30,58' LOT I I I INA.:li6oFw.9n L3 502.24'04°00 76. 80' I BLOCK 'A^ 9981) I LOT LOT BLOCK 'A' ' LOT 17 LOT 16 I GH COUNTRY.11 I LOT 13 ( LOT 12 I LOT I1 \ SECTION ONE I / CAB. J. SLIDE 29-31 P.R.W.C.T. PARCEL PLAT SHOWING PROPERTY OF j nI N LAN DA FAITH BAPTIST CHURCH O NDGEDETICS I 1 „„ Dw6flD6 OF ROUND ROCK, TEXAS PARCEL 11 1504 CHISHO M TRAIL RD.5TE.103 no6HD ROCK,U.leen SCALE PROJECT COUNTY nLLDl42M-1100,IMAM1I1),-12SI HN REGISTRATIDN AM 10]f61-0 1• - 60' 1 GATTIS SCHOOL ROAD WILLIAMSON Sr\.9HOWN&GAY\GATTIS SCHODL-REDBHD TO VIA SONOMA\PARCELS\PARCEL II-FAITH BAPTIST CHURCH\PARCEL II-FBC.COn F:XHIBIT 'A. PLAT TO ACCOMPANY PARCEL DESCRIPTION ovml.o PACE 4 01 9 LEGEND ► FENCE CORNER POST FOUND F CENTER LINE • %z" IRON ROD FOUND UNLESS NOTED It PROPERTY LINE O 1/2' IRON ROD FOUND W/PLASTIC CAP �A-1 LINERBREAKORMATION O COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP 0 I/E' 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 A 60/D NAIL FOUND D.R.17.C.T. DEED RECORDS n CALCULATED POINTWILLIAMSON COUNTY, TEXAS O.R.W.C.T' OFFICIAL RECORDS O 1/g' IRON R00 W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED 'ROW-4933• SET O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS II ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, HAD 83, CENTRAL ZONE. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. ' THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT OF NOT DEPICTED HEREON. a}";`+_ryE./. 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE V.- BEST .BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE .0 ♦9 4DMM GROUND UNDE DIRECT SUPERVISION. OAF481 Ao�� 0\ �� M. STE E TR ESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NU, 4933 LICENSED STATE LAND SURVEYOR ACWISITICN 0.260 11,312 INLAND GEODETICS, LLC FIRM REGISTRATION H0. 100591-00 CALC/OEEU AI1EA 2.39 104, 108 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROM ROCK, TEXAS 78681 HEMA INDER AREA 1 2, 13 92,796 PARCEL PLAT SHOWING PROPERTY OF I S L E I o u FAITH BAPTIST CHURCH G EODETC5:1 10 OF ROUND ROCK, TEXAS PARCEL II 1509 CHISHOLM ROCKTRAILV RD.571103 ROUNDROCK Tx 700eT SCALE PROJECT COUNTY OW TY M'014218 QKF;%Dltl 23812SI q HAra amuTwtnax xo.10as9boo 60 GATTIS SCHOOL ROAD WILLIAMSW SIN18ROWNICAY\GATTIS SCHOOL-REDBW TO VIA SONOMA\PARCELS\PARCEL II-FAITH BAPTIST CHURCH\PARCEL II-FBC.OUR EXHIBIT 'B" racci I I 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 FAITH BAPTIST CHURCH OF ROUND ROCK, TEXAS, INC., 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 0.260 acre (11,312 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(Parcel 11 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. aMI5N5.DOC 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, iron ore, gravel or any other mad 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. i IN W TNESS WHEREOF, this instrument is executed on this the day of -JdW"'"V 201 . �— GRANTOR: FIRST BAPTIST CHURCH OF ROUND ROCK, TEXAS, INC. Name: Its: 2 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF W I II1 GYVtSOh § T. § This instrument was acknowledged before me on this the 1 day of JQ"uAn4 201 by in the capacity and for the purposes and consideration recited therein. N0& �'y"y�'', ,,�,,, K NSTANCE J ATKINSON {�U.I1Mlp9-4d�/[1ry Public State of Teras Notary Public, State of Texas Comm.Exp.8/2712020 otary 10128141873 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Ann: City Manager 221 Main Street Round Rock,Texas 78664 AFTER RECORDING RETURN TO: 3.