R-2019-0283 - 7/11/2019 RESOLUTION NO. R-2019-0283
WHEREAS, the City of Round Rock ("City") desires to purchase all of that certain 3.434-acre
tract of land located at 1525 Sam Bass Road ("Property") and required for the construction of the
proposed Deep Wood Drive roadway improvements; and
WHEREAS, Robjacs, 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 Robjacs, 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 11th day of July, 2019.
CRAIG ORG , Mayor
City of Round ck, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1902;00427022
EXHIBIT
REAL ESTATE CONTRACT
Deep Wood Drive Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ROBJACS,
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 3.434 acres (149,576 square foot) tract of land out of and
situated in the J. M. Harrell Survey, Abstract No. 284 in Williamson County,
Texas; more fully described in Exhibit "A", attached hereto and incorporated
herein;
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 FIVE HUNDRED SIXTY THOUSAND FIVE HUNDRED EIGHTY-
SEVEN and 00/100 Dollars ($560,587.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
00425922.DOC
Special Provisions and Additional Consideration
2.03. Johnson Wastewater Easement. As additional consideration for the completion of
the transaction as contemplated herein, Seller agrees that it shall deliver at Closing a duly
executed Wastewater Easement from the Johnson family to the City of Round Rock ("City"),
which Easement shall be in the general location as shown on Exhibit "B" attached hereto and
incorporated herein. The final location of the Easement shall be determined by metes and bounds
survey, prepared at the cost of Seller, to be attached to the easement document for recording in the
real property records as part of Closing, and which location and description shall be approved by
the City's Utility Department prior to completion. The Wastewater Easement document shall be in
the form as shown in Exhibit"C"attached hereto and incorporated herein.
2.04. Future Wastewater Service Extension by City. If Seller completes the delivery of an
executed Wastewater Easement at Closing of this transaction as set out in Paragraph 2.03 above,
then as an obligation which shall survive the Closing of this transaction Purchaser agrees that as a
part of the construction of the proposed Deep Wood Drive roadway facility extension on the
Property it shall also cause a waste water service facility extension (the "Wastewater Extension")
to be constructed at its sole cost and in the approximate location as shown on Exhibit"B" attached
hereto an incorporated herein.
The proposed Wastewater Extension shall be constructed by Purchaser between (a) the
existing manhole on the City's 60" waste water facility, and (b) the eastern boundary of the
Property, in the general location as shown on Exhibit"B" attached hereto and incorporated herein.
The final alignment of the proposed waste water service extension shall be determined by the
City's Utility engineers as part of the overall Deep Wood project design and using standard City
of Round Rock design criteria.
The proposed Wastewater Extension shall be sized by the City of Round Rock to
adequately serve the approximately 3.49 acre tracts currently owned by Seller and/or Margaret E.
Joseph as shown on Exhibit"B" for any development use categories for those properties approved
by the City.
The Wastewater Extension obligations of Purchaser/City as set out herein are specifically
contingent on the delivery of the Wastewater Easement from Johnson at Closing as set out above.
2.05. Future Stormwater Culvert Design. As an obligation which shall survive the Closing
of this transaction, City agrees that as part of the design of the proposed Deep Wood Drive
roadway extension facilities it shall cause any drainage cross culverts which convey flows across
or under the roadway facilities which will be constructed upon the Property to be designed and
constructed to a size which shall adequately convey fully developed upstream stormwater flows
from the approximately 3.49 acres currently owned by Seller and/or Margaret E. Joseph as shown
on Exhibit"B".
2
By execution of this contract the parties agree that Purchaser shall have no responsibility
to obtain on behalf of Seller any legal approval or permitting, and by the design and construction
obligation in this paragraph does not grant or assume any legal approval or permitting
responsibility, from any applicable agency or authority which may regulate the storm water
detention and/or discharge from any development constructed upon the approximately 3.49 acres
currently owned by Seller and/or Margaret E. Joseph, and as further identified on Exhibit "B"
attached hereto and incorporated herein. Compliance and permitting of any stormwater detention
or discharge from the 3.49 acres of Seller and/or Margaret E. Joseph shall remain the sole
responsibility of the property owners.
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.
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.
3
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
July 31, 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").
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, 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"D" 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
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(1) Pay the cash portion of the Purchase Price.
(2) Deliver a duly executed Temporary Access Easement in the form as shown in
Exhibit "E" attached hereto and incorporated herein, to be recorded in the Official
Records of Williamson County, Texas as part of the Closing.
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 osts_
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.
5
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
6
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]
7
SELLER:
ROBJACS, LLC
C
Address: '•
Name:
Its:.
Date:
PURCHASER:
CITY OF ROUND ROCK,TEXAS
Address: 221 East Main St.
Craig Morgan, Mayor Round Rock, Texas 78664
Date:
2P CONSULTANTS,LLC
507 W.Liberty Ave
Round Rock,Texas 78664
512-344-9664
TBPE FIRM#F-19351
TBPLS FIRM#10194377
EI
EXHIBIT`A
BEING A 3.434 ACRE TRACT(149,576 SQ.FT.)OF LAND OUT OF THE J.A HARRELL SURVEY,
ABSTRACT 284, -WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF CALLED 9.405
ACRE TRACT DESCRIBED IN SPECIAL WARRANTY DEED CONVEYED TO 60/40
PARTNERSHIP BY DEED RECORDED IN VOLUME 1755,PAGE 496,VOLUME 1755,PAGE 505,
VOLUME 1755, PAGE 511, AND VOLUME 1755, PAGE 516, OF THE DEED RECORDS
WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
COMMENCING at a 1/2 inch iron rod found for the northeast corner of said 9.405 acre tract and the north corner of
a called 0.50 acre tract described in deed to Margaret E. Joseph Trustee of the Joseph Family Trust recorded in
Document Number 2007067613 of the Official Public Records of Williamson County, Texas(O.P.R.W.C.T.)and on
the existing west right-of-way line of Sam Bass Road;
THENCE North 46'05'34"West 140.07 feet with the east line of said 9.405 acre tract and the existing west
right-of-way line of Sam Bass Road to a 1/2 inch iron rod set with cap stamped"2P Consult RPLS 6500"for
the POINT OF BEGINNING of the herein described tract;
THENCE South 53115'51"West 280.52 feet through said 9.405 acre tract to a 1a'2 inch iron rod set with cap stamped
"21?Consult RPLS 6500";
THENCE 493.63 feet along a curve to the left having a radius of 410.00 feet,a delta angle of 68158"43"and a chord
that bears South 18146'24"West 464.35 feet to a 1/2 inch iron rod set with cap stamped"2P Consult RPLS 6500"on
the south line of said 9.405 acre tract and the north line of a called 12.448 acre tract described in deed to George E.
Transom, II and Theresa G Transom, Trustee of the George E. and Theresa G. Transom Living Trust recorded in
Document Number 2008029796 of the O.P.R.W.C.T.
THENCE South 82133'29" West 197.22 feet with the south line of said 9.405 acre tract and the north line of said
12.448 acre tract to a 1/2 inch iron rod set with cap stamped`42P Consult RPLS 6500"for the southwest corner of the
remainder of said 9.405 acre tract and the southeast corner of a called 2.056 acre tract described in deed to Williamson
County recorded in Document Number 2018011931 of the O.P.R.W.C.T.
THENCE North 11003'50"West 323.50 feet with the west line of the remainder of said 9.405 acre tract and the east
line of said 2.056 acre tract to a 1/2 inch iron rod set with cap stamped"2P Consult RPLS 6500";
THENCE North 70°18'59"East 141.32 feet through said 9.405 acre tract to a 1/2 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
THENCE North 26012'06"East 50.01 feet through said 9.405 acre tract to a 1.12 inch iron rod set with cap stamped
"21?Consult RPLS 6500";
THENCE North 17016'54"East 52.18 feet through said 9.405 acre tract to a lj2 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
CIVIL ENGINEERING a SURVEYING
2P CONSULTANTS,LLC
December 3,2018
Page 2
THENCE North 51°07'07"East 255.98 feet through said 9.405 acre tract to a 1/2 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
THENCE North 23059'44"West 11.99 feet through said 9.405 acre tract to a 1/2 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
THENCE North 65057'52"East 200.89 feet through said 9.405 acre tract to a 1/2 inch iron rod set with cap stamped
"2P Consult RPLS 6500"on the existing west right-of-way line of Sam Bass Road;
THENCE South 46105'34"East 115.75 feet to the POINT OF BEGINNING and containing 3.434 Acres(149,57+6
Sq.Ft.)of land.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That I, Cory Blake Silva, a Registered Professional Land Surveyor, do hereby state 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 direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas this the 3 `h day of December 2018
A.D.
This description is accompanied by and made a part of a sketch issued by Cory Blake Silva, Registered Professional
Land Surveyor No. 6500.
�. .OF P
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•� � ��ut .tom ��
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500
0 1t°!•°
Q^ Silva Date
UiI~V�
Registered Professional Land Surveyor No. 6500
CIVIL ENGINEERING SURVEYING
LEGEND
1523 SAM BASS ROAD SITE MAP LOCATION
1 ROD WTH GAP FOUND(AS NOTED)
__ _...
.................
O 1!2'IRON ROD SET WITH RED PLASTIC CAP STAMPED BEING A 3.434 ACRE TRACT{149,576 SO. F1.} OF LAND OU_OF THE
'2PCONSULT RPLS 65130' J. M. HARREt:L SURVEY.ABST?ACT 284.W LLIAMSON COUNTY, TEKAS A.FlO
BEING A PORTION OF CALLED 9.405 ACRE TRACT DESCRIBED IN SPECIAL \]Z
DHE- OVERHEAD ELECTRICAL LINE WARRANT` DEED CONVEYED TO 60/40 PARTNERSHIP RECORDED IN VOLUME
1755, PAGE 496,VOLUME 1755, PAGE 505,VOLUME 1755, PAGE 51 1,AND
O.P.R 4V.0 T OFFICIAL PLAT RECORDS OF W3LLIAA1SdN COUNTY TEXAS
VOLUME 1755, PAGE 516, OF THE OFFICAI. PUBIC RECORDS WILLIAMSON
D.R..W C T DEED RECORDS 1MILLIAMSON COUNTY,TEXAS COUNTY,
P.R.W.0 T, PLAT RECORDS WILLIAMSON COUNTY,TEXAS S
P.O.B POINT OF BEGINNING tS Yt°m� !
_ . SITE '
P.O.0 POINT OF COMMENCEMENT
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LINE TABLE ¢'a
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LINE DIRECTION DISTANCE p
LIN45'41'18'W 2.54' 3.434 ACRES
1 {149,576 Sq.Ft.)
L2 1,65'57'521 200.89'
L3 N23'59'44`W t t.99' s i
L4 N5 1'07'07"C 255.95' � M
L5 N17't5'S4'E( 51.18"
L5 N25712'06'E! 50.01' o
L?— 1,170'18'159"E 141.32' �,1.3 �,,.0'
L8 N1 1'04'40'W
CURVE TABLE
CURIE LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH �{197.23 wo ix
1
- SIi733'29" u nti r cc " a.erc' /
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CI 493.63 41000' S8"5 V 4t 35` " m ".Tempest11,
---------- -- Sti F l wsa
AS SURVEYED BY Ire••.
2P CONSULTING C.s PROJECT: JAY ROBINSON
FIRM REGISTRATION NO.1847 �"'»» »^-••-M =
/ CORY BLAKE ••.«
' � Y� 008 NUMBER:
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i 3 6500 ,' DATE 11'2602018
_o7/ T3. ypf� �.U` �T'` _.. SCALE 1. 1011 i.
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• 607 WEST LIBERTY AVE.
COPY—...•...••• t .6S g S�Q�, SURVEYOR: CORY BLAKE StLVA 512-344-9664D tK'TEXAS 7865e
AK tLV L.S. '^••••�••'
REGISTE a P SSIONAL LAND SURVEYOR NO.6500 SURVEY TECHNICIAN, TY GEURINK ! TBPF..FIRM AF-19351
DRAIMNG ROW Ex11Fln1-SAM BASS METES AND BQU3NDS_REV_0 G j '
TBPLS FIRM#10194377
THIS UBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONALSURVEYORS "''
FlELOHOTES: N:ProjectslJay Robinson11523 Sam Bass Road-ReplatlSunre
ASSO'tATIQN STANDARDS AND SPECIFICATIONS FOR A CATEGORY 1A:CONDITION 1,STANDARD LAND SURVEY AS >
DESCRIBED IN THE MANUAL OF PRACTICE FOR LAND SURVEYING IN THE STATE OF TEXAS.. PARTYCHIEF: - - --
FIELO000M 111146
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EASEMENT TO PROVIDE
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TO LOT 2 UNTIL DEEP
a t
�4 �t WOOD IS CONSTRUCTED
BY THE CITY. -►'ROBJACS/
tt ;JOSEPH"
tt t (+-3.49 AC)
LOT 2
t 1.80 ACRES
AREA TO BE
t,
PURCHASED FOR
RIGHT-OF-WAY =
LOT 3 • 146,593.23SF (3,365AC)
1.54 ACRES
)N EJOHNSON 4 ��` approximate
}9 location of CORK
T. WW extension
with roadway
construction
approximate location
Y� of WW easement
4 ,
........... granted-- granted to CORK
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approximate location of existing
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City WW manhole °�
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AS PER AN
MENT FROM 10'
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DO� MENr NARY
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JOHNSON FLAT ROCKS
507 WEST LIBERTY AVE.
DEEPWOOD RIGHT-OF-WAY EXHIBIT ROUND ROCK,TEXAS 78664
512-344-9664
TBPE FIRM#F-19351
EXHIBIT ►tBn TBPLS FIRM 410194377
EXHIBIT "C"
WASTEWATER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That JAMES DANIEL JOHNSON, as Trustee of the Mary Ann Johnson Marital Deduction
Trust; JAMES D. JOHNSON, as Trustee of the Mary Ann Johnson Schroeder Revocable Living
Trust; JAMES DANIEL JOHNSON, as Trustee of the Joel Hartman Johnson Family Trust;
JANET JOHNSON BARTHOLOMEW; JAMES DANIEL JOHNSON; JOHN KRISTIAN
JOHNSON; KATHERINE PASCHAL MIHILLS n/k/a KATHERIN PASCHAL; and JOHN
CLAY REID, whose address is 1525 Sam Bass Road, Round Rock, Texas 78681, and its successors
and assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and
NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND
ROCK, TEXAS, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street,
Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby
GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install,
operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a wastewater
system and lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators,
and other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over,
under,above and across the following described property of Grantor,to-wit("Easement Area"):
Being a acre tract of land out of the J.M. Harrell Survey, Abstract No. 284,
Williamson County, Texas; said tract being more fully described by metes and
bounds and sketch in Exhibit "A" attached hereto and made a part hereof for all
purposes.
This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to
the herein above described property to the extent, and only to the extent, that the same may still be in
force and effect and shown of record in the office of the County Clerk of Williamson County,Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual;
provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event
the said wastewater line is abandoned, or shall cease to be used, for a period of five(5)consecutive years.
Grantor covenants that it will not convey any other easement or conflicting rights within the
Easement Area covered by this grant without the express written consent of Grantee, which consent shall
not be unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use of the Easement Area to determine the effect, if any, on the wastewater lines contemplated
herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to
protect the integrity of the wastewater lines. As required by this paragraph, express written consent of
Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by
certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas
78664, and(2)City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664.
00425073.DOCX
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the Easement Area over and across Grantor's
property by means of roads and lanes thereon, if such exist, but only in the event that
access to the Easement Area is not otherwise reasonably available from a public road or
right of way; otherwise by such route(s) as shall occasion the least practicable damage or
inconvenience to Grantor; provided that such ingress and egress right shall not extend to
any portion of Grantor's property isolated from the easement by any public highway or
road now or hereafter crossing the property; the foregoing right of ingress and egress
includes the right of Grantee to disassemble, remove, take down, and clear away any
barricade or other structure which obstructs, prevents,or hinders Grantee's ingress to and
egress from Grantor's property, and should Grantee deem it necessary to so disassemble,
remove, take down, or clear away any such barricade or other structure, Grantee shall, as
soon as is reasonably feasible, replace or restore Grantor's property to as similar a
condition as is reasonably practicable as existed immediately prior to Grantee's actions
pursuant to this provision, unless said barricade or other structure is inconsistent with
rights conveyed to Grantee herein;
(b) the right of construction, maintaining and using such roads on and across the Easement
Area as Grantee may deem necessary in the exercise of the right of ingress and egress;
(c) the right to mark the location of the Easement Area by suitable markers; provided that
such markers shall be placed in locations which will not interfere with any reasonable use
Grantor shall make of the Easement Area;
(d) the right to grade the Easement Area for the full width thereof and to extend the cuts and
fills for such grading into and on the land in the Easement Area to such extent as Grantee
may find reasonably necessary;
(e) the right from time to time to trim and to cut down and clear away any and all trees and
brush now or hereafter on the Easement Area and to trim and to cut down and clear away
any trees on either side of the Easement Area which now or hereafter in the opinion of
Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the
danger of falling thereon or root infiltration therein, or which may otherwise interfere
with the exercise of Grantee's rights hereunder; provided, however, Grantee will provide
written notice to Grantor prior to removal of any trees outside of the Easement Area, and
provided that all trees which Grantee is hereby authorized to cut and remove, if valuable
for timber or firewood, shall continue to be the property of Grantor, but all tops, lops,
brush and refuse wood shall be burned or removed by Grantee;
(f) the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the Easement Area; and
(g) the right to support the pipelines across ravines and watercourses with such structures as
Grantee shall deem necessary.
2.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement Area;
(b) Grantee shall promptly backfill any trench made by it on the Easement Area and repair
any damage it shall do to Grantor's private roads or lanes on the lands.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any
and all purposes which do not interfere with and prevent the use by Grantee of the Easement Area,
including the right to build and use the surface of the easement for private streets, roads, driveways,
alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or
construct on the Easement Area any building or other structure such as a patio, swimming pool, sport
court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or
construct any reservoir or other obstruction on the Easement Area, or diminish or substantially add to the
ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or
damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee
by this conveyance. Provided however, before constructing any non-interfering improvements listed in
this paragraph, at least ten (10) days' written notice shall be provided to Grantee of the general plans of
the improvement to be constructed on the Easement Area, and Grantor must first obtain the consent and
approval from Grantee of the construction and location of any improvements within the Easement Area.
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility wastewater line easement.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal
representatives, to warrant and forever defend, all and singular, the above-described easement and rights
and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming, or to claim same, or any part thereof, provided however,this Wastewater Easement is subject to
all matters of record in the Official Public Records of Williamson County,Texas.
This Easement is being granted in lieu of condemnation. Grantor and Grantee have agreed that
the property interests conveyed herein are being sold and conveyed to Grantee under the imminence of
condemnation, as that term is defined in the Internal Revenue Service Code Section 1033, Title 26,
United States Code.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of
,2019.
(Signatures on the following pages)
3.
GRANTOR:
James Daniel Johnson, as Trustee of the Mary Ann Johnson
Marital Deduction Trust
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019, by James Daniel Johnson,Trustee of the Mary Ann Johnson Marital Deduction Trust,known by me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of and on behalf of said entity and in the capacity and for the
purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
4.
GRANTOR:
James D. Johnson, as Trustee of the Mary Ann Johnson
Schroeder Revocable Living Trust
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019, by James D. Johnson, Trustee of the Mary Ann Johnson Schroeder Revocable Living Trust, known
by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for
the purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
5.
GRANTOR:
James Daniel Johnson,as Trustee of the Joel Hartman
Johnson Family Trust
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019, by James Daniel Johnson, Trustee of the Joel Hartman Johnson Family Trust, known by me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of and on behalf of said entity and in the capacity and for the
purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
6.
GRANTOR:
Janet Johnson Bartholomew
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019, by Janet Johnson Bartholomew, known by me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same as the act and deed in the
capacity and for the purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
7.
GRANTOR:
James Daniel Johnson
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019, by James Daniel Johnson, known by me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed in the capacity and for
the purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
8.
GRANTOR:
John Kristian Johnson
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019,by John Kristian Johnson, known by me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed in the capacity and for
the purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
9.
GRANTOR:
Katherine Paschal Mihills, n/k/a Katherine Paschal
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019, by Katherine Paschal Mihills, n/k/a Katherine Paschal, known by me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the act
and deed in the capacity and for the purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
10.
GRANTOR:
John Clay Reid
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of ,
2019, by John Clay Reid, known by me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed in the capacity and for
the purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
11.
EXHIBIT "D"
DEED
Deep Wood Drive 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 ROBJACS, LLC, and JAMES D. JOHNSON, as Trustee of the Mary Ann Johnson
Schroeder Revocable Living Trust, 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 3.434 acre (149,676 square foot)tract of land out of and situated in the
J.M. Harrell Survey, Abstract No. 284 in Williamson County, Texas; more fully
described in Exhibit"A", attached hereto and incorporated herein.
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.
0042508 LDOC
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 ,
2019.
[signature pages follow]
2.
GRANTOR:
ROBJACS, LLC
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of ,
2019 by , in the capacity and for the purposes and
consideration recited therein.
Notary Public, State of
3.
GRANTOR:
James D. Johnson, as Trustee of the Mary Ann Johnson
Schroeder Revocable Living Trust
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of ,
2019 by James D. Johnson, in the capacity and for the purposes and consideration recited
therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
4.
EXHIBIT "E"
TEMPORARY ACCESS EASEMENT AGREEMENT
Deep Wood Drive Right of Way
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS THAT:
COUNTY OF WILLIAMSON §
A. CITY OF ROUND ROCK, TEXAS ("Grantor"), whose mailing address is 221
Main Street, Round Rock, Texas 78664, is the owner of that certain tract of land containing
approximately 3.434 acres in Williamson County, Texas, (the City Tract") and being more
particularly described on Exhibit"A"attached hereto and incorporated herein for all purposes.The
City Tract was acquired by Grantor for the purposes of constructing proposed Deep Wood Drive
public roadway improvements at some point in the future ("Deep Wood Project").
B. ROBJACS, LLC and MARGARET E. JOSEPH, Trustee of the Joseph Family
Trust also known as the James Joseph,Jr.Marital Deduction Trust(collectively"Grantee"),whose
mailing address is 108 East Bagdad Ave., Suite 100, Round Rock, Texas 78664, are the owners
of those certain tracts of land totaling approximately 3.49 acres acres in Williamson County,Texas,
(the Robjacs Tract") and being more particularly identified as Lot 1 (1.69 acres) and Lot 2 (1.80
acres) on Exhibit"B"attached hereto and incorporated herein for all purposes.
C. As of the date of execution of this instrument, the specific date by which Grantor
will begin construction of the Deep Wood Project is undetermined, and so the sole point of
available legal access for Lot 1 and Lot 2 of the Robjacs Tract is from Sam Bass Road. The parties
anticipate direct public access to Lot 2 of the Robjacs Tract will be provided through connection
with the future Deep Wood Project roadway facilities. Grantor wishes to ensure interim legal
access to Lot 2 of the Robjacs Tract until such public access is constructed.
In consideration of the foregoing, Grantor by this instrument ESTABLISHES, GRANTS
and CONVEYS to Grantee, its successors and assigns,for the benefit of Lot 2 of the Robjacs Tract,
a temporary easement appurtenant in, upon, over, through and across those portions of the City
Tract that lie within 50' of the eastern boundary of the City Tract (the "Easement Area"), and
generally as shown on Exhibit "B" for the purposes ("Access Purposes") of (a) free and
uninterrupted vehicular and pedestrian ingress and egress between Lot 2 of the Robjacs Tract and
Sam Bass Road; and (b) the placement, construction, installation, operation, inspection,
maintenance, replacement, upgrade, relocation, realignment, removal and repair of street and
drainage improvements serving Lot 2 of the Robjacs Tract.
Any temporary street improvements constructed by Grantee in the Easement Area as
authorized herein shall be of an all-weather surface and of sufficient size and capacity to support
emergency vehicle access at all times during use of the Easement Area and as approved by Grantor,
which approval shall not be unreasonably withheld. The cost of initial construction and continuing
maintenance of any temporary improvements within the Easement Area for the purposes set out
herein shall the sole responsibility of Grantee. The cost of removal of any temporary improvements
within the Easement Area which is required for construction of the proposed Deep Wood Project
shall be the responsibility of Grantor.
00425041.DOCX/DC
The Easement is non-exclusive, and Grantor may at any time dedicate or grant fee simple
interests or permanent easements in and to the Easement Area or any portion thereof to a
governmental authority or utility service provider,or by recording one or more easements or right-
of-way dedications so granting or dedicating the Easement Area or portions thereof(collectively,
"Dedicatory Instruments");provided, however,that Grantor will not use the Easement Area in any
manner or grant any easement or inconsistent right on or over the Easement Area that interferes or
is inconsistent with or prevents the use of the Easement for Access Purposes until such time as
Grantor begins construction of the proposed Deep Wood Project.
Grantor specifically retains the right to begin construction of the proposed Deep Wood
Project facilities upon the City Tract and the Easement Area at any time in its sole discretion after
execution of this Easement, and shall provide written notice of such intent to construct to Grantee
at the address identified herein, or to the address of any succeeding owner as identified in the
Official Public Records or the William Central Appraisal District.
The Easement will automatically terminate in its entirety and be of no further force or effect
as to the Easement Area on the first date public roadway facilities constructed by Grantor provide
legal access to and from Lot 2 of the Robjacs Tract and the proposed Deep Wood Project. Such
public access need not be wholly over and across the Easement Area, so long as access exists from
Lot 2 of the Robjacs Tract to a publicly dedicated and constructed roadway facility.
In further consideration for grant of this Easement, Grantee agrees to release, indemnify
and hold harmless the Grantor from, and assumes entire responsibility and liability for, any claims
or actions based on or arising out of injuries, including death, to persons or damages to or
destruction of property, sustained or alleged to have been sustained in connection with or to have
arisen out of or incidental to access to or use of the Easement Area for the Access Purposes by
Grantee, its agents and employees, its subcontractors, their agents and employees and any guests,
licensees or invitees.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed to be
effective as of this day of 92019.
[signature pages,follow]
2
GRANTOR:
CITY OF ROUND ROCK
By:
Laurie Hadley, City Manager
Acknowledgment
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of , 2019, by
Laurie Hadley, City Manager of the City of Round Rock, Texas, in the capacity and for the
purposes and consideration recited herein.
3
GRANTEE:
ROBJACS, LLC
By:
Name:
Its:
Acknowledgment
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of , 2019, by
in the capacity and for the purposes and consideration
recited herein.
4
GRANTEE:
MARGARET E. JOSEPH, Trustee of the Joseph Family Trust
also known as the James Joseph, Jr. Marital Deduction Trust
Acknowledgment
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of , 2019, by
Margaret E. Joseph, in the capacity and for the purposes and consideration recited herein.
AFTER RECORDING RETURN TO:
5