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R-2019-0228 - 6/13/2019RESOLUTION NO. R-2019-0228 WHEREAS, the City of Round Rock ("City") desires to purchase all of that certain 0.099-acre right of way parcel necessary for construction of the proposed Gattis School Road Phase 6 Project (Parcel 14); and WHEREAS, High Country Inv., LP, 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 High Country Inv., LP, for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of June, 2019. CRAR/ MORFAN, Mayor City of Round Rock, Texas ATTEST: SARAT. WHITE, City Clerk 0112.1902; 00424986 EXHIBIT "A» REAL ESTATE, CONTRACT Gattis School Road Ph. 6 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between HIGH COUNTRY INV., I.,P, (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' this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract(s) of land described as follows: All of that certain 0.099 acre (4,316 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 14); 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 It PURCHASE PRICE Purchase Price 2.01.T.he 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 Seiler shall be the sum of SEVENTY-THREE THOUSAND FIV.I HUNDRED and 00I100 Dollars ($73,500.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. 0042365700C ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Oblieations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 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 Closin(Date 5.01. The Closing shall be held at the office of Independence Title Company on or before July 15, 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 5.42. 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 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 " i3" attached hereto. (3) Provide reasonable assistance as requested and at no cost to Seller 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 titl.e 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 Closin( 5.03. At the Closing, Purchaser shall. - (a) Pay the cash portion of the Purchase Price. P.ro.rations 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 roil -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 asfollows: (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 die 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 compa�ly, 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 reli.ef 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 AWFICLE VIiI MISCELLANE®US Notice 8.01. Any notice required or penmitted 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. Lega1.._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 Aueements 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 subs ect 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 heal 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] SELLER: HIGH COUNTRY INV., LP By: Triad Equities, LLC, a limited liability company its General Partner By: Name: 7-A kA t R W[AL I) Its: Lkz,• 4a2jue.7?— Date: 5-tX- XGtt PURCHASER: CITY OF ROUND ROCK, TEXAS Sv: Craig Morgan, Mayor Date: 7 Address::1-101 4,I TTg iS SC40OL- ` D— Address: 221 East Main St. Round Rock, Texas 78664 03-05-2018 Page 1 of 4 EXHIBIT A County: Williamson Parcel : 14 Project: Gatffs Schoof Road. PROPERTY DESCRIPTION FOR PARCEL 14 DESCRIPTION OF A 0.099 ACRE (4,316 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 62, BLOCK "A" (2.006+-ACRES), HIGH COUNTRY SECTION THREE, A SUBDIVISION OF RECORD IN CABINET L, SLIDES 300-302 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN GENERAL WARRANTY DEED TO HIGH COUNTRY INV., LP RECORDED IN DOCUMENT NO. 2005060619 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.099 ACRE (4,316 SQUARE FOOT) 1'RACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a PIK Nail in concrete found 389.48 feet right of proposed Gattis School Road Baseline Station 169+65.60 in the existing easterly right-of-way (ROW) line of High Country Boulevard (90' ROW width), being the southwesterly corner of said Lot 62, same being the northwesterly corner of Lot 9, Block "A" of said High Country Section Three; THENCE, departing said Lot 9, with the common westerly boundary line of said Lot 62 and said existing easterly ROW line of High Country Boulevard, N 00045'34" W, for a distance of 315.17 feet to an iron rod with aluminum cap stamped "ROW 4933" (Grid Coordinates determined as N=10155020.16, E=3152047.02 TxSPC Zone 4203) set 74.53 feet right of proposed Gattis School Road Baseline Station 169+52.74 in the proposed southerly ROW line of said Gattis School Road (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing said proposed southerly ROW line, continuing with said common boundary line, the following two (2) courses: 1) N 00°45134" W, for a distance of 7.86 feet to a 112" iron rod found for a point of curvature to the right; 2) Along said curve to the right, having a delta angle of 91°25'03", a radius of 25.00 feet, an arc length of 39.89 feet and a chord which bears N 44055'56" E, for a distance of 35.79 feet to a point of compound curvature, being the calculated northeasterly corner of said. Nigh Country Boulevard, same being in the existing southerly ROW line of Gattis School Road (ROW width varies), for the northwesterly corner of the herein described tract, and from which, an iron rod with plastic cap stamped "LANDESIGN" found bears S 75012'13" W, at a distance of 0.43 feet; 3) THENCE, departing said High Country Boulevard ROW, with said existing southerly ROW line of Gattis School Road, same being the northerly boundary line of said Lot 62. along said curve to the right, having a delta angle .of 04029126", a radius of 2814.93 feet, an are length of 220.63 feet and a chord which bears S 87"03'33" E, for a distance of 220.57 feet to an iron rod luvith plastic cap stamped "LANDESIGN" found, being the northeasterly corner of said Lot 62, same being the northwesterly corner of Lot 61, Block "A° of said High Country Section Three, 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 Lots 61 and Lot 62, S 02044'34" E, for a distance of 21.30 feet to an iron rod with aluminum cap stamped "ROW 4933" set 56.26 feet right of proposed Gattis School Road Baseline Station 172+05.25 in said proposed southerly ROW line of said Gattis School Road, for the southeasterly corner of the herein described tract, and from which a disturbed 518" iron rod found, being the approximate common southerly boundary corner of said Lot 62 and said Lot 61 bears S 02°44'34" E, at a distance of 323.27 feet; THENCE, departing said Lot 61, through the interior of said Lot 62, with said proposed southerly ROW line, the following three (3) courses: 5) N 82009119" W, for a distance of 83.74 feet to an iron rod with aluminum cap stamped "ROW 4933" set 53.59 feet right of proposed Gattis School Road Baseline Station 171+19.66, for an angle point; 6) N 88°07'58" W, for a distance of 147.04 feet to an iron rod with aluminum cap stamped 'ROW 4933" set 57.32. feet right of proposed Gattis School Road Baseline Station 169+69.32, for an angle point; 7) S 44033'43" W, for a distance of 23.60 feet to the POINT OF BEGINNING, containing 0.099 acre (4,316 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 herein was determined by a survey made on the ground under my direct supervision. WITNESS MY E✓IAND AND SEAL,at Round Rock, Williamson County, Texas. e M. Stephen Truesdale Registered Professional Land Surveyor No Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 4933 Date t 3.,UROINN°GAYl(;A1 IIS SCHOCL•Rlir EWI) TO VIA SC)NONIA1PARC17-1 SIPARCrI 14.HIGH GOUNTrRy INV., 117% PARCR. 14-14IGH cOUNTRY INV.• l.P.doa PLAT TO ACCOM13ANY PARCTU, DE- SCRIM' 03/05/18 PAGE 3 OF 4 GATT I S SCHOOL 100 R. O. W. -s% , (3 N S75*12'13"W 0, 43' DETAIL 'A' N. T. 5. GATTISSCHOOL ROAD I D :50 60 R- 0-'Y. V I OTH VA.q jr 170.00 PRO---POSFGAT D T I S-SFUOOL fg�A 60' r) ,E C2 177. -r3loo (C WST t'j. 1): yl N88* 07' 58 PROP R. br *0j9hirl ST�69.32 57.A h 161 8 -3- 9�74' 1:1. 0. B. STA. 161345?. 74 14 STA. 171.19466 53.59' RT -74 T '53�40RDINATEs, 0.099 AC. 4. 316 SO. FT. STA. 172-05.25 GRID N. 10 155020. 16 56.2G' RT E--3152047.02 < HIGH COUNTRY INV.. LP OT 61 > w DOC. NO. 2005060619 O. P. R. W. C. T. 1, 2715 AC. t DRAINAGE, —j IT $TORMSEWER DETENTION LOT LOT 62 (2.006 Ac. u 0 HIGH COUNTRY, SECTION THREE co 0 rn CAB. L, SLIDE 300-302 P. R. lil. C. T , t"TJ 0 NUMBER .1 DELTA RADIUS L E NG'I CHORD CHORD BEARING cl 91'25'03" 39.89, 35.79' . ......... . ... ... .. .. . ...... . (CI) (91*25'03") (25.00') (39.89') (35. 79') (N476 15' 12"E) C2 04*29'?6" 2814.93' 220.63' 220.57' S57*03'33"P i (C2) 1 (04'29'79") (2814.93') (220,66') (220.61') - ...... .. ........ . ...... .. .. - - . .... ......... ....... .. -... 4 42"F) . . . ........ ........ .. ... .1-1- z UMBER D I RECT I ON DISTANCE L I NOD' il 51 311 "W L 2 502'44'34"E 71.30l .... . .. ... .. . - 1-3 Sl 4. 3 31 43 1 yl 213.60, % 0 P. 0. R. STA 169;65.roo 389: 48 R j pp 1-07 9 LOT 10 oc,*. LOT I I I OT 12 LOT (3 PARCE1. PI.AT SHOW I NO PROPERTY OF I IN L fi, N D U GEODETICS 1-11 GI -I COL)WRY INV. , LP PRCS:USIONAL LAND SURVEYORS 1504 CHISHOLM TRA L RE). STE. 103 PARCEL 14 ROUND ROCK, Til78681 S r; A L E PROJECT COUNTY Fit, (5 12) 238-1200, FAX (512) 23 a-1251 H I I — -F;R.�IREGISTRATIO�'4t4O.LC.0Lql.Oa_.F 1 60' 1 GAI -TIS SC-.0,)L ROAD IN I LL I AMSO.N 1wl-B'M44=AYWATTIS SCHOOL-REDOUD TO VIA SON-OVANPARCUS'lPARCEL 14-NIGH COUNTRY iUV-LP\PARCEL MINTRY l,'W-LP-rov.dqn EXHIBIT "tA " PLAT TO ACCOMPANY PARCEL DIUSCRTM�N I.FGENID E FENCE. CORNER POST FOUND 0 !/Z " IRON ROD FOUND UHI.FSS NOTFO O fz" IRON ROD FOUND WPLASTIC CAP 0 COTTON GIN SPINDLE FOUND C') I'/2" IRON PIPE FOUND UNLESS NOTED X X CUT FOUND A OO/D NAIL FOUND m PK NAIL FOUND A CALCULATED POINT 0 %Z " IRON ROD V11 ALUMINUM CAP STAMPED "ROVI-4933" SET (UNLESS NOTED OTHERWISE) -.. ......._ ... y: CF.:NTEiR l_-tN....C•: 2 PROPERTY I:. I NE.: { ) RECORD INFORMATION LINE BREAK {V DENOTES COMMON OWNERSHIP P.O.S. POINT OF BEGINNING P.O.R. POINT OF REFERENCE N. T. S. NOT TO SCALE D. R. W. C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS 0. R. W. C. T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0. P. R. W. C, T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P. R.el. C. T. PLAT RECORDS i) ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE CCORDINATE SYSTEM, NAD 63, CENTRAL ZONE. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFcCT THIS TRACT NOT DEPICTED HEREON, I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY 51•IOVIN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDFW MY D¢RFCT SUPERVISION. f M, STEPAEN TRUGSDALE i DATE REGISTERED PROFESSIONAL IONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC F I RIA REG I SI RA T I ON NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 18681 WILLIAMSON COUNTY, TEXAS ACQUISITION Oi G39 CALC/DEED AREA 2,000+_ RFk[hiP;D R ARFA— "I--ap--. US/U5/18 RACE 4 OF 4 4, 31G 87.381+- 83.065 + - f1RCEL PLAT SHCAV(ING' F'Ri)r'ERTY OF INLANDv GEODF-1 HIGH COUNTRY INV., LP PRMESSIONAL LAND SURVF--YOBS PARCEL "} n i j"� F" [ n 1 SO4 CHISHOLAI TRAIL RD. STE. 103 _..._.._._ �_ ,_._T.__ _._._.. .... �..___.._... _ i— i i L E L. 4 ROUND ROCK, Tx. 78GST SCALE PROJECT COUNTY I71. (512) 238.1200. FAMS12) 238.1251 FlP.bt P,EGiSTftATio;4 N(), toos9l-oo60' GATT I S SCHOOL ROAD Vl I LL I AMSON _.. Sr \•f3RV---.-..-....._�_.._ ..._ .. .n —.� W:;lLGAY\CaT T'S SCiiCAt. AED13U0 To VIA CC 50'tQ1Si\P.".GCELS:anflCEL r4-}IiCUt�TnY iUV-L?\S�ARCEL !4-NtGH GQLIITRY UN-LP-rcv, aqn Parcel 14 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 HIGH COUNTRY 1NV., LP, 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 0.099 acre (4,315 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 14) 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. 00423660. 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 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 CAM 2019. GRANTOR: HIGH COUNTRY INV., LP By: Triad .Equities, I.I,C, a limited liability company its General Partner Y Name: ZMA i K W ;\ i._ 5 I Its: YA i-r-v E K 2. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF L-,-) i 1 fiat Ste., This instrument was acknowledged before me on this the /' day of 2019 by Z «.lhi r 1JVa 1 �� t ; in the capacity and for the purposes and c66sideration recited therein. SABRING AGOSTO Notary Public, State o#Texas a My Comm. Exp. 43-01-2420 !D No.12890333-8 otary Publi tate of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield. P.C. 09 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: