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CM-2019-0188 - 6/21/2019REAL ESTATE CONTRACT Gattis School Road Ph. 6 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between 3777 GATTIS SCHOOL ROAD, LLC, (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 tract(s) of land described as follows: All of that certain 0.011 acre (460 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 2101); 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 II 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 TWELVE THOUSAND FIVE HUNDRED and 00/100 Dollars ($12,500.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. 00425052 AOC &I-2vl9- v1 g ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obli ations 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 Closing Date 5.01. The Closing shall be held at the office of Independence Title Company on or before August 1, 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 mortgage liens and restrictions, including delivery of a partial release of the existing lease with Walgreen Co., 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 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 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 Oblations 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. 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 as incurred 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 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. 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 Anply 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. 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 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] 1.1 SELLER: 3777 GATTIS SCHOOL ROAD, LLC By: Gian Properties, LLC, its Manager B j Name: Its: J P Date: r. 11►1►q PURCHASER: CITY OF ROUND ROCK, TEXAS By: ,ty Manager I�rvvka l3-cr-,-c�7�` Date: 7 Address: ��� } �/'�•^�'� Address: 221 East Main St. Round Rock, Texas 78664 03-16-2018 REV: 03-06-2019 Page 1 of 3 EXHIBIT A County: Williamson Parcel : 20 Project: Gallis School Road PROPERTY DESCRIPTION FOR PARCEL_ 20 DESCRIPTION OF A 0.011 ACRE (460 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, (1.83 ACRES), MORNINGSIDE MEADOWS COMMERCIAL SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET X. SLIDES 380-381 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN SPECIAL WARRANTY DEED TO 3777 GATTIS SCHOOL ROAD, LLC RECORDED IN DOCUMENT NO. 2015020950 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.011 ACRE (460 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an iron rod with plastic cap stamped 'Meenach 4335" found 54.94 feet right of proposed Gallia School Road Baseline Slation 178+50.94 in the existing southerly right-of-way (ROW) line of Gallia School Road (ROW width varies), same being In the northerly boundary line of said Lot 1; THENCE, with the common northerly boundary line of said Lot 1 and said existing southerly ROW line of Gallia School Road, N 87'04'35' W, for a distance of 126.32 feet to an iron rod with plastic cap stamped'Meenach 4335' (Grid Coordinates determined as N=10154959.03, E=3152815.42 TxSPC Zone 4203) found 52.71 feet right of proposed Gallia School Road Baseline Station 177+27.93 at the Intersection of said existing southerly ROW line and the proposed southerly ROW fine of said Gallia School Road (ROW width varies), for the easterly comer and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said existing southerly ROW line, with said proposed southerly ROW line, through the Interim of said Lot 1, N 86'1945" W, for a distance of 118.48 feel to an iron rod with aluminum cap stamped "ROW 4933' set 54.06 feel right of proposed Gallia School Road Baseline Station 176+12.51 in the westerly boundary line of saki Lot 1, some being In the easterly boundary line of Lot 2 said Morningside Meadows Commercial Subdivision, for the southwesterly comer of the herein described tract; 2) THENCE, departing said proposed southerly ROW line, with the common boundary line of said Lot 1 and Lot 2, N 01.8629" W, for a distance of 7.81 feet to an iron rod with plastic cap stamped'Meenach 4335' found in said existing southerly ROW line, being the common northerly boundary corner of said Lot 1 and Lot 2. for the northwesterly comer of the heraln described tract; 3) THENCE, departing sold Lot 2, with said existing southerly ROW line, S 81036'43" E, for a distance of 119.63 feet to the POINT OF BEGINNING, containing 0.011 acre (460 square feet) of land, more or less. This properly description Is accompanied by a separate parcel plat. All bearings reeked herein are based on the Texas Slate Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That 1, M Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision OF WITNESS MY HAND SlSA at Rou Ck,1Nlfiamson C unly xas. ��,.� ti ri T ter'• 41—L ��%% r M. S ephen Truesdale Dale (��. Sif f'Ltt:H ifttlt Registered Professional Land Surveyor No. 4833 ••"(""° "°"'""' Licensed State Land Surveyor ; 1p 4f13 1 Inland Geodetics, LLC yiy' r�/rr aIrrr Firm Registration No. 100591-00 �'", "0 1504 Chisholm Trail Road;, Suite 103 `1 ° � Mill, Round Rock, TX 78681 &_BROWNWAYIGATTIS SCHOOL. REDBUD TO VIA SDNOMASPARCELS%PARCEL 203777 GATTIS SCHOOL RD%PARCEL 20.3777 GATTIS SCHOOL RD.doc EXHIBIT PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/16/:: REV: 10/25/1: REVS 03/06/19 II PACE 2 OF 3 I SAS.A13o 0 30 60 r f51c�, N I ,F- GATTIS S CH00tROAD Ir5.00 —_ 7R. o. r. WIDTH VARIESI r , nr176•oa �— �- I PROPOSED GATT ISISCHpp1 gOAD BASELINE 177.001 _ ►�33 ° rs�n�cs�jii N 17:+00 w ell '36- =��_.s��.�� _•81••S6z;•,2z'., GET+ 793a ?]1. ..B. 63- 119,6 S�5 . 5'i9451. . $7.04'35"W 126.32 sra. 176.12.51 120 ; -" Bl(5�4.4.5_' 12" 54.06' RT I t 1 ' s PH60SED R. O. Ir. 0. 011 AC. 1,460 SQ. FT. SSTA017�7.21.93 I0 r.u.t.irtAT -- 52.71• RT rvluAt GRID COORDINATES: P. 0. R. AUM rASt�au, N•10154959.03 In. or. Ar.1 E+3152815.42 STA. 178.50.94 M ux. M. 2003062InI 1. 54.94' FIT N2003002301 (N N 3777 GATTIS SCHOOL ROAD LLC LOT 2 DOC. NO. 201502095 11. 31 AC.) I 0. P. R. W, C. T. 0 IN Io MORNINGSIDE MEADOWS LOT 1 0 COMMERCIAL SUBDIVISION 11.83 AC.) CAB. X SLIDE 380-381 I�.R.W.C.T. I � - Ir+' OFTulut4f fagl+ll!,1 , I rnc. r:•.. qrS^mlr LOT 17 I LOT 28 LOT 16 F MORNINGSIDE MEADOWS SECTION ONE I CAB. MPP.R.W.C.T. 0 86-388 I 9 4 0 . R / I PARCEL PLAT SHOWING PROPERTY OF I N L A N D u 3777 GATTIS SCHOOL. GEODETICS PROFESSIONAL LAND SURWYORS ROA D v LLC PARCEL 2 0 1304 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY TSA, (512) 238-12M TION DFAX. I OD591 00 1 " = 60CATT I S SCHOOL ROAD WI LL I AMSON Ss%-eROANjGAV%GA1TIS SCHOOL-REO:UD 70 VIA S041%MPARCEMPARCEL 70-317? 641115 SCHOOL ROAD LLC\PARCEL 20-3777 GATTIS SCHOOL ROAD LLC -030619.000 PLAT TO ACCOMPANY PARCEL DESCRIPTION LEGEND 03/16/18 REV: 10/25/is REVI 03/06/19 PAGE 3 OF 3 161 FENCE CORNER POST FOUND TO THE CENTER LINE 0 %g" IRON ROD FOUND UNLESS NOTED It I I PROPERTY LINE RECORD INFORMATION O I/2 " IRON ROD FOUND 1'1/PLAST I C CAP GROUND UNDER Y DI ECT SUPEflVISION. ////J� LINE BREAK 0 COTTON GIN SPINDLE FOUND IV DENOTES COMMON OWNERSHIP M. ST PhN fRUtSDALF DATE P.O.B. POINT OF BEGINNING O %2" IRON PIPE FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE X X CUT FOUND N. T. S, NOT TO SCALE e 60/D NAIL FOUND D. R. W. C. T. DEED RECORDS I N L A N !] u3777 GATT IS SCHOOL WILLIAMSON COUNTY, TEXAS Q CALCULATED POINT 0. R. W. C. T. OFFICIAL RECORDS 1504 CHISHMM TRAIL RD. STE. 103 %2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS SCALE STAMPED "ROW -4933" SET O.P,R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS ROUND ROCK. Tx. 78681 (UNLESS NOTED OTHERWISE) P. R. W. C. T. PLAT RECORDS GATTIS SCHOOL ROAD lY(LLIAMSON WILLIAMSON COUNTY, TEXAS 11 All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are surface values based an the Texas State Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1907394-KFO, ISSUED BY FIRST AMERICAN TITLE GUARANTY COMPANY, EFFECTIVE DATE FEBRUARY 21, 2019, ISSUE DATE MARCH 4, 2019. 1. RESTRICTIVE COVENANTSt CABINET X, SLIDE 380, SUBJECT TO, DOCUMENT NOS. 2003078808, DOES NOT AFFECT, 2003082301, AND 2003082303, SUBJECT TO, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. IOG. ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS, COVENANTS AND RESTRICTIONS AS SET FORTH IN PLAT RECORDED IN CABINET X, SLIDE 380, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS SET FORTH IN DOCUMENT NOS. 2003078808, 2003082301, AND 2003082303, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. H. EASEMENT GRANTED TO WILLIAMSON COUNTY BY INSTRUTAENT RECORDED IN DOCUMENT NO. 9619006, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. 1. EASEMENT GRANTED TO MANVILLE WATER SUPPLY CORPORATION BY INSTRUMENT RECORDED IN VOLUME 11069, PAGE 364, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AS REFERENCED IN CABINET X, SLIDES 30D-381, DOES NOT AFFECT J. TERMS, CONDITIONS, AND STIPULATIONS OF THAT CERTAIN EASEMENT, COVENANT, CONDITION AND RESTRICTION AGREEMENT RECORDED IN DOCUMENT NO. 2003082301, SUBJECT TO, AND AS AMENDED 1N DOCUMENT NO. 2003082303, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. L. TERMS, CONDITIONS, AND STIPULATIONS CONTAINED IN ORDINANCE EVIDENCED BY AFFIDAVITS RECORDED IN DOCUMENT NO(S) 20D3003688 AND 2003003689, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. TO THE Q�,•�itTp''ti��, I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE "•"••"""'�"•'•"""""' L r.( STENIENTRUESDA11 GROUND UNDER Y DI ECT SUPEflVISION. ////J� A•0.P� 4973111`!,�,a }��M M. ST PhN fRUtSDALF DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES I SOUARE. FEET LICENSED STATE LAND SURVEYOR ACQUISITION 0.011 460 INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 1.83 79,715 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 REMAINDER AREA 1.819 79,255 PARCEL PLAT SHOWING PROPERTY OF I N L A N !] u3777 GATT IS SCHOOL GEODETICS -j PROFESSIONAL"NOSURVIY ROAD LOU LC PARCEL 20 1504 CHISHMM TRAIL RD. STE. 103 SCALE PROJECT COUNTY ROUND ROCK. Tx. 78681 nRM1REEGWRATIIONNO.10 91-00 1" ° 60' GATTIS SCHOOL ROAD lY(LLIAMSON 5t%s600A11LGAT%GAT715 SCHDOL-REDOUD 70 VIA 50%WA%PARCELS\PARCEL 70-3777 OATI15 SCHOOL ROAD I.WWARCEL 20-3771 CATTIS SCHOOL RDAO LLC-0306194gro Parcel 20 EXHIBIT "B" DEED Gattis School Road Ph. 6 Right of Way THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That 3777 GATTIS SCHOOL ROAD, LLC, 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 0.011 acre (460 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 20 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. 00425053 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 —L day of 2019. [signature pages follow] GRANTOR: 3777 GATTIS SCHOOL ROAD, LLC By: Gian Properties, LLC, its Manager By: Name: JQ G P (�--y A- t113 Its: 0 P ACKNOWLEDGMENT STATE OF N F -w Ye § § COUNTY OF C RIE § This instrument was acknowledged before me on this the 11 day of 2019 by N6-0 I &14 J _, in the capacity and for the purposes recited therein. '--Cl't lf!�, L Notary Nblic, State ofc W 0P-k- SHELLEY R ISAACS Notary Public - State of New York No. 01 IS6105896 Qualified in Erie County My Commission Expires 2-23-20.7- 0 1 Jv,vi~ and consideration 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: 4. o � 'k ce3 ri q L' 'o C �:n v U7 N An- rx7 E d1 UC7 _x^^ rrii ri ri cu C7 C! NEW Ali, d Irs U O : LLI ci(J `-i ii04 O r C.71' -o 41 - LdLn i Ln "� a �In a LM '00 :3 LU RA d �� �}���� ��i�.. ....�. } '_y � J}Q d � Irl • � )fir rrn5'(ir nq ar i Qr .' aWOW C7 tU yi w ME. i A L ^�! b?' `, '�_:y C►'. {7T�.1211f10� E��)I•j { lip IIJL AL 1106 1 s. y� 'UL qua �, Fnsri'roodrn�, J'�r U���. •tom - I _ a ino a _i:. GAMS SCHOOL ROAD - PARCEL 20 VALUATION OF THE FEE ACQUISITION COMPENSATION SUMMARY LaPaul Homsby and Company 41 FAI LXH I tj I I "!L JL" PLAT TO ACCOMPANY PARCEL DESCRIPTION REV: 1 03/16/18 0/25/ REV: 03/06/1 ; PACE 2 OF 3 SAlAf35-1-RAC-1- NO N A I :11,•_.1.. _ _ - - - _ �,.".�f i , _ 0 30 60 I • root GATT --------------- M'S SCHOOL ROAD 0 V. VIDT11 175.00 VARIES) FL 17640o fR_&qSED GATTISIIRVOL ROAD BASELINE ICA rt 178#00 AJ&D',61 ,d PI.Ar E 0 NOI '56, - - - - - - -- 36'43 29 1Y9 p ----------------- �sy 6 --------------- 0% -------------- -(.,N 9 74 87.04' 35 "IV 125.32' 1, STA. 176-12.51 20 6--'21-')'- RT 0. 011 AC P6osED R. 0. W. 54.06' RT I f V — ,460 SO. FT. P. O. B. STA. 177#27.93 52.71' RT M10AL GRID OORDINATESi ACCESS FwvrtlT N:10154959.03 10.06 tc.1 E3 152815.42 STA. 178#50.94 rn n0c. 1.10. 2003082s0l L 54.94' RT 7OD3902303 IN 3777 GATTIS SCHOOL ROAD, LLC LOT 2 DOC. NO. 2015020950 (1.31 AC.) Ia O.P.R.W.c.T. IN Io MORNINGSIDE MEADOWS LOT I COMMERCIAL SUBDIVISION 0.83 AC.) CAB. X SLIDE 380-381 O.R.W.C.T. t , t: NI .rjr not: NIX lit.1900r. R. rl. L. F.LOT 17 LOT 28 LOT 16 r.i MORNINGSIDE MEADOWS SECTION ONE CAB. M, SLIDE 386-380 0 C 1r.P. R. W. C. T. A PARCEL PLAT SHOWING PROPERTY OF INLAND., ., •1 3777 GATTIS SCHOOL GEODETICS j tW PROFESSIONAL L"D SURVEYORS ROAD, LLC PARCEL 20 1504 CHISHOLM TRAILRE D.STF-103 ROUNO ROCK.U. 78681 SCALE PROJECT COUNTY FIL (512)231-1200. FAX (SIZ) 238-1 zsi rlRkt REGISTRATION NO. 100591 -00 JT 1 60 GATT S SCHOOL ROAD WILLIAMSON SIN-BROANICAYNGATTIS SC*M-REffBVO TO VIA SONMNPARCEMPARULL 79-JFFF GATTIS 1.11MUM NFJAU LILLWAMLL XLPvrff "Alol� aLrnArL llwu LL%-W4W0lw.uw City of Round Rock ROU,,. Agenda Item Summary 7!":", Agenda Number: Title: Consider executing a Real Estate Contract with 3777 Gattis School Road, LLC for the purchase of a 0.011 acre right of way parcel required for construction of the proposed improvements to Gattis School Road (Parcel 20). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/21/2019 Dept Director: Gary Hudder, Transportation Director Cost: $12,500.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Contract-00425926.PDF, Exhibits-00425006.PDF, LAF-00426150.PDF Department: Transportation Department Text of Legislative File CM -2019-0188 The City's original appraised value for this parcel acquisition was $7,239. The owners presented a responsive counteroffer demand of $14,000. After additional analysis and discussion with the Transportation Department, the current contract price of $12,500 was recommended for approval. Cost: $12,500.00 Source of Funds: Round Rock Transportation and Economic Development Corporation Cityof Round Rock Page 1 Pdnted an 0/21/2019