CM-2019-0236 - 8/9/2019REAL ESTATE CONTRACT
Gattis School Road Ph. 6 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between MGCC TEXAS
ENTERPRISES, LLC, an Oklahoma limited liability company, (referred to in this Contract as
"Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this
Contract as "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 0.006 acre (243 square foot) tract of land out of and situated in
the John H. Randall Survey, Abstract No. 531 in Williamson County, Texas; more
fully described in Exhibit "A", attached hereto and incorporated herein Parcel
27);
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 and Additional Compensation
2.01. The Purchase Price for the Property described in Exhibit "A" shall be the sum of
TWO THOUSAND NINE HUNDRED FORTY and 001100 Dollars ($2,940.00).
2.01.1. As Additional Compensation for the acquisition of any improvements on the
Property, and for the cost of any damage to or curative measures for the remaining property of
Seller, Purchaser shall pay the amount of SEVEN THOUSAND THREE HUNDRED FIFTY-
TWO and 00/I00 Dollars ($7,352.00)
MGCC(27)--conlmct for Gattis school 6 r o w (DC 7 19 l9) (00428254xA08178)
&1-2019-02��
Payment of Purchase Price and Additional Compensation
2.02. The Purchase Price and Additional Compensation shall be payable in cash at the
Closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OFSELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
August 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 liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) The Deed shall be in the form as shown in Exhibit "B" attached hereto.
(3) Provide reasonable assistance 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".
K3
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price and Additional Compensation.
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 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 111 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 Awfly
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.
[srgnalure page follows]
6
SELLER:
MGCC TEXAS ENTERPRISES, LLC,
an Oklahoma limited liability company
By: MM Enterprises, LLC, an Oklahoma
limited liability company, its manager
r
By:
Name: Reeder E. Ratliff
Its: President
Date: P?'y� ` )41.(
PURCHASER;
CITY OF ROUND ROCK, TEXAS
B'
Laurie Hadley, it )Manager
Date: 0 -4,4
7
Address: P.O. Box 22775
Oklahoma City,�OK 73123-1775
Address: 221 East Main St.
Round Rock, Texas 78664
REV:06-24-2019
Page 1 of 4
EXHIBIT
County: Williamson
Parcel : 27
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 27
DESCRIPTION OF A 0.006 ACRE (243 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 2, BLOCK A (0.803 ACRES), AUTREY RANCH, A SUBDIVISION
OF RECORD IN CABINET EE, SLIDE 88 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, DESCRIBED IN GENERAL WARRANTY DEED TO MGCC TEXAS
ENTERPRISES, LLC RECORDED IN DOCUMENT NO. 2008017901 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.006 ACRE (243 SQUARE
FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 112" iron rod with plastic cap stamped "Chaparral
Boundary" found, 331.97 feet left of proposed Gattis School Road Baseline Station 186+20.12,
being the northwesterly corner of said Lot 2, same being the northeasterly corner of Lot 2A,
Highland Estates, Section IIA, Amended Plat of Lots 1 and 2, a subdivision of record recorded in
Cabinet BB, Slides 353-354 of the Plat Records of Williamson County, Texas, also being in the
southerly boundary of Lot 1, Block A, said Autrey Ranch;
THENCE, with the common boundary line of said Lot 2A and said Lot 2, S 02°33'32" E, for a
distance of 268.43 feet to a 112 inch iron rod with plastic cap stamped "Chaparral Boundary"
found for a point of curvature to the right, with said curve to the right, having a delta angle of
17°59'43", a radius of 15.24 feet, an arc length of 4.79 feet and a chord which bears
S 07°42'30" W, for a distance of 4.77 feet to a an iron rod with aluminum cap stamped "ROW
4933" (GRID Coordinates determined as N=10155081.09, E=3153715.52 TxSPC Zone 4203),
set 58.91 feet left of proposed Gattis School Road Baseline Station 186+26.13 in the proposed
northerly right-of-way (ROW) line of Gattis School Road, for the northwesterly corner and
POINT OF BEGINNING of the herein described tract;
1) THENCE, departing said Lot 2A, with said proposed ROW line, through the interior of
said Lot 2, S 00°04'53" W, for a distance of 7.00 feet to an iron rod with aluminum cap
stamped "ROW 4933" set, 51.91 feet left of proposed Gattis School Road Baseline
Station 186+25.98 for an angle point;
2) THENCE, continuing through the interior of said Lot 2, S 89°55'07" E, for a distance of
118.15 to a 112 inch iron rod with plastic cap stamped "Chaparral Boundary" found in the
existing northerly ROW line of Gattis School Road (ROW width varies), being the
common corner of said Lot 2 and Lot 1, Block Ar for the easterly corner of the herein
described tract, and from which a Mag Nail in asphalt found, being the northeasterly
corner of said Lot 2, same being an ell corner in the boundary line of said Lot 1 bears
N 00°18'11" W, at a distance of 12.44 feet pass an iron rod with aluminum cap stamped
"ROW 4933" set in said proposed ROW, and continuing for a total distance of 285.97
feet;
Page 2 of 4
3) THENCE, departing said Lot 1, with said existing northerly ROW line of Gattis School
Road, same being the southerly boundary line of said Lot 2, S 88°24'20" W, for a
distance of 132.27 feet to a 112 Inch iron rod with plastic cap stamped "Chaparral
Boundary" found, being the southwesterly corner of said Lot 2, same being the
southeasterly corner of said Lot 2A, for the southwesterly corner of the herein described
tract;
4) THENCE, departing said existing ROW line, with the common boundary line of said Lot
2 and said Lot 2A, along a non -tangent curve to the left, having a delta angle of
71020'43", a radius of 15.24 feet, an arc length of 18.98 feet and a chord which bears
N 52022143" E, for a distance of 17.77 feet to the POINT OF BEGINNING, containing
0.006 acre (243 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 HAND AND SEAL at Round Rock, Williamson County, Texas.
M. Stephen Truesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 903
Round Rock, TX 78681
it MIMIIi.. 11,1.11
STEPHEN TAW
1J1N1111 H(I]I/H11.1
.
stwl
SA BROWN&GAMATTIS SCHOOL-RFDBUD TO VIA SONOMAIPARCELSIPARCEL 27-MGCC TEXAS ENT AUTREY RANCH
LOT 2% MGCC TEXAS ENT.-AUTREY RANCH LOT 2 -PARCEL 27.doc
EXHIBIT "/A "
PLAT TO ACCOMPANY PARCEL DESCRIPTION REV' 06/24/19
PAGE 3 OF 4
I
I
N pQp���i
G— — --IE _L ----------------------
R.
0 30 60 �. P A. 186.20.12I a -----------
I I p G 331.97' LT X r - _- --
�.. r. ti. riILal I r l
1" 60'
I I I AUTREY RANCH
ttCt55
CAB. EE, SLIDE 88
1 t II P. R.lY. C. T. I(I. Lor
I 1.00055 VV
ITNTL 11 p
III COC. CO. SL�
200col r90a
HIGHLAND ESTATES
SECTION IIA t t 'nM
AMENDED PLAT OF , 1 `� Q MGCC TEXAS GoIin
LOTS 1& 2 i t eco ENTERPRISES, LLC N rn} 1
CAB. 08, SLIDE 353-354 I I ISN DOC. NO. IfV I41 1 PoP. R. W. C. T. I ' 2008017901 �
w 0. P. R. W. C. T. o
t I0 oI_
ON _ I
II QOM LOT 2 O r I I
(1 629 AC.) i i `or•r (0.803 AC.) . Im 111
I • M N I I
I I `00 • O 0 it
Ln O 5' uIDE TIA5rDiATEIt ZIO I
I I to EA IF"lr Z I
1 I onc. rv. zau•lou�szu LOT l 1
CIXIIrECIEn ur
1'�• I�-ti., ,. Lr,r T I ' ' cac, r:n, zcoroasr,zs (5.335 AC. 1 1
STA. 186.25.96 I t
STA 186;26.13 X$1.91' LT
aRIOICOORDINATESI•• i ta: 'p I t
N+10155081.04 STA. 187.44.11
E•3153715.52 i 4p 49.43' LT "_��-----�- _---
4
230SO. AFT.
.89.5 07"E 118.
.�15, ..�,------------- -----
R
4' 2O �... {..,1 vl...,+..
_ter•_ I_ I•.I_.,t:,1 ,I ti�r.i.1..:�. I�I'�p4��_.s,Jr'�NB9�06_'+27+.'�W�1,32�130',? T�•*a'•, -------
-------------- -44Pij
4�
'I
185400
GATT I
IR.O.M, MTN VARIES) t;
OSTENSIBLE SURVEY LINE J—
PROPOSED GATTIS SCIIOOL ROAD BASELINE ?' m
186.00 187#00 P O LOT 2A N
NUMBER DIRECTION DISTANCE
Ll Soo* 04,53 "W 7.00'
L2 SOO. 18' 1 1 "E 12.44'
STA. 186.26.13
58.91' LT
GRID COOROINATESt �CNAp
N-10155081.09 @q�k0,?
q4�
E•3153715.52 u 4Ry.
`C.A, _ 51 9118LF25.
LOT 2
v
118.15'
27
NUMBER
DELTA RADIUS
LENGTH
CHORD
CHORD BEARING
C 1
17'59'43" 15.24'
4.79'
4.77'
507.42' 30"W
C2
71.20' 43" 15.24'
18. 98'
17.77'
N52.22' 43"E
(C3)
(15.001)
(23.861)
{21.43')
(N45•19'31"E)
PARCEL PLAT SHOWING PROPERTY OF
I N LA N Du
MGCC TEXAS
GEODETICSPROFESSIONAL ENTERPRISES, LLC
PROFE55NA4 lANP SURVEYORS
1504 CHISHOLbt TRAIL RD. STE.103
ROUND ROCK.TX.78681 SCALEPROJECT COUNTY
Ill (512) 238-1200, FAX (512)176-1251
I� FIRAI REGISTRATION NO. 100591-61 1 " S 60' GATTIS SCHOOL ROAD WI LL I AMSON
TAIL -A"
N. F. S.
PARCEL 27
SI\•BRONNIGAY\GATTIS SCHOOL-REDBND TO VIA SONOMJA\PARCELS\PARCEL 27-MGCC TEXAS ENT-AUTREY RANCH LOT 2\PARCEL 27-MGCC-TEXAS-ENT•REV2.dQn
EXHIBIT
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
REVi 06/24/19
PAGE 4 OF 4
#
FENCE CORNER POST FOUND
€
CENTER LINE
0
%2" IRON ROD FOUND UNLESS NOTED
It
( I
PROPERTY LINE
RECORD INFORMATION
O
%2" IRON ROD FOUND W/PLASTIC CAP
LINE BREAK
0
COTTON GIN SPINDLE FOUND
N
DENOTES COMMON OWNERSHIP
O
%2" IRON PIPE FOUND UNLESS NOTED
P.O.B.
P.O.R.
POINT OF BEGINNING
POINT OF REFERENCE
X
X CUT FOUND
N. T. S.
NOT TO SCALE
A
60/D NAIL FOUND
D. R. W. C. T.
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
®
MAG NAIL FOUND
0. R. W. C. T.
OFFICIAL RECORDS
A
CALCULATED POINT
WILLIAMSON COUNTY, TEXAS
C)
%2" IRON ROD W/ ALUMINUM CAP
O. P. R. W. C. T.
OFFICIAL PUBLIC RECORDS
YIILLIAMSON COUNTY, TEXAS
STAMPED "ROW -4933" SET
P. R. W. C. T.
PLAT RECORDS
(UNLESS NOTED OTHERWISE)
WILLIAMSON COUNTY, TEXAS
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are
surface values based on the Texas State Plane Coordinate System, MAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1827490-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JULY 3, 2018, ISSUE DATE JULY 13, 2018.
1. RESTRICTIVE COVENANTS) CABINET EE SLIDE 88, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
IOB. ANY AND ALL EASEMENTS BUILDING LINES AND CONDITIONS COVENANTS AND RESTRICTIONS AS SET FORTH IN PLATS
RECORDED IN CABINET Ek, SLIDE 88, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO AND AFFECTS AS
SHOWN.
C. WATER PIPELINE EASEMENT TO MANVILLE WATER SUPPLY CORPORATION RECORDED IN VOLUME 581, PAGE 639, OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
D. WASTEWATER EASEMENT TO K.A.F. II DEVELOPMENT L.P. RECORDED 1N DOCUMENT NO. 2004009320, AND RE-RECORDED IN
DOCUMENT NO. 2007083623, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
E. ACCESS EASEMENT IN THE AGREEMENT RECORDED IN DOCUMENT NO, 2008017903, OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SUBJECT TO AS SHOWN.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDER DIRECT SUPERVISION.
- - /Y� 4d A' 0/�
M. STEPHEN TRU SDALE DA E
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
PARCEL PLAT SHOWING PROPERTY OF
I N LAN D uMGCC TEXAS
GEODETICS a
PROENTERPR I SESt LLC
PROFESSIONAL LAMP SURVEYORS
1504 CHISHOU.1 TRAIL RD. STE. 103
ACQUISITION
0.0061
243
CALL/DEED AREA
0.8031
34,979
REMAINDER AREA
0. 797 1
34, 736
PARCEL 27
ROUNDROCK,'M 9681 SCALE PROJECT COUNTY
aTUI REG211-1200.SAT FAX o 100591- 00 1 " - 60' GATT I S SCHOOL ROAD WI LL I AMSON
Si\■BROYftGAY\GATTIS SCHOOL-REDBUD TO VIA SONOLIA\PARCELS\PARCEL 27-MGCC TEXAS ENT-AUTREY RANCH LOT 2\PARCEL 27-MGCC-7EXAS-ENT-REV2,dgn
Parcel 27
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 MGCC TEXAS ENTERPRISES, LLC, an Oklahoma limited liability company,
hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable 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, SeII 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 0.006 acre (243 square foot) tract of land out of and situated in the
John H. Randall Survey, Abstract No. 531 in Williamson County, Texas; more fully
described in Exhibit "A", attached hereto and incorporated herein Parcel 27
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.
44428255 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 ,
2019.
[signature page follows]
GRANTOR:
MGCC Texas Enterprises, LLC,
an Oklahoma limited liability company
By: MHR Enterprises, LLC, an Oklahoma
limited Iiability company, its manager
Name:
Its:
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
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
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
I
_NEW
Q f
0,
KY
SIM
J7 i
LT
CD—
HUI
cl—
u
Co
_NEW
Z
M
Oz
m
0
w
z
O
wix
vo
EL
<r
N
U)
0:
(h
Z
�
`3
U
w
z
U
❑1
❑
a
0
1
N
2
4
j
I
City of Round Rock
f�
ROUNDROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with MGCC Texas Enterprises,
LLC for the purchase of a 0.006 acre parcel of right of way required for
construction of the proposed Gattis School Road Improvement Project
(Parcel 27).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/9/2019
Dept Director: Gary Budder, Transportation Director
Cost: $10,292.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Maps-00428837.PDF, Contract-00428832.PDF, LAF-00429081.PDF
Department: Transportation Department
Text of Legislative File CM -2019-0238
The originally proposed parcel acquisition was 0.042 ac. In order to limit the impact to
operation of the existing Sonic facility internal circulation, the City's engineers were able to
revise the parcel size down to 0.006 acre while still having room for construction of the interim
city roadway facility upgrades. The City's appraised quantity values were recalculated
accordingly, and were accepted by the owners for a voluntary sale.
Cost: $10,292.00
Source of Funds: Round Rock Transportation and Economic Development Corporation
City of Raund Rock page i Printed on m2o49