CM-2019-0315 - 10/18/2019REAL ESTATE CONTRACT
Lake Creek Trail
THIS REAL ESTATE CONTRACT ("Contract') is made by and between BEE SAFE
ROUIND ROCK 1-35, LLC, (referred to in this Contract as "Seller", wvhether 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 0.515 acre (22,424 square foot) tract of land out of and situated
in the Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas;
more frilly described in Exhibit "A", attached hereto and incorporated herein
Parcel 5);
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 PRICK
Purchase Price and Additional Compensation
2.01. The Purchase Price for the Property, and compensation for any damage or curative
measures Ior the remaining property of Seller as a result of this transaction, shall be the sunt of
TWENTY TI IOUSAND and 00.100 Dollars ($20,000.00).
Pavinent of Purchase Price and Additional Compensation
2.02. The Purchase Price shall be pa)able in cash at the Closing. which cash pa%°meat ma)
be made bN "ire transfer.
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ARTICLE Ill
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 follo%%ing conditions (an) of
which may° be i aived in %-hole 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 tile 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 %%arrants to Purchaser as follo%%s, 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 Propertherein 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
October 15, 2019, or at such time, date. and place as Seller and Purchaser may a-rce upon, or
ithin 10 clays after the completion of any title curative matters if necessary for items as sho«n on
the Title Commitment or in the contract (%%hick 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 Special
Warranty Deed conveying good and indefeasible title in fee simple to all of the Property described
in Exhibit "A" (the "Deed"), free and clear of an), and all Iiens 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 identified on the Title Commitment issued to Purchaser bN
Title Company that are not objected to b) Purchaser, in writing to Seller,
within ten (10) days after the latest date this Contract is signed. The parties
recognize and agree that a deed of trust encumbers the Property, and that
same must be released from the Propert)s on or before the Closing ; and
(c) An) exceptions approved by Purchaser in writing.
(2) The Deed shall be in the form as shown in Exhibit "B", attached hereto.
(3) Protide 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 andior easement interests in and to the Properly subject onl) to those title
exceptions listed herein, such other exceptions as ma) be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Police,
provided, however:
(a) The boundar) and curve) exceptions shal I be deleted;
(b) The exception as to restrictiNe co%enants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for lanes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Propert} .
Purchaser's Obligations at Closing
5.03. At the Closing. Purchaser shall:
(a) I a� the cash portion of the Purchase Price to Seller.
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 Cor the then current )car, 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.
Ciosine Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follw s:
(1) 0%%ner's Title Policy and sure) to be paid by Purchaser.
(2) Deed, tax certificates, and title curati%e matters, ifany, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid b) each party respectively as incurred.
ARTICLE VI
BREACH BY SELLER
In the event Seiler shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for an) reason, except Purchaser's default,
Purchaser's sole remedy, at its election, is to either (1) enforce specific performance of this
Contract; or (2) request that the Escrow Deposit, if any, shall be Forthwith returned by the title
compam' 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
Escrox% Deposit, if any. from the title company, the sum being agreed on as liquidated damages
far the failure of Purchaser to perform the duties, liabilities. and obligations imposed upon it b)
the terins and provisions of this Contract. and Seller a-rees to accept and take this cash payment
as its total damanes and relief and as Seller's sole remedy hereunder in such event. If no I:scro«
4
Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any
failure by Purchaser.
Notwithstanding anything herein to the contrary, Purchaser and Seller wvill not be Iiable to
each other for consequential damages arising from breach of this Contract, the same being
waived.
ARTICLE Vlll
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 Lath to Anniv
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and nil 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 %%here
pennitted by this Contract.
Leval Construction
8.01. In case any one or more of the provisions contained in this Contract shall for any
reason be held to he invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other pro%ision hereof. and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Aareements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior Understandings or i%ritten or oral agreements bemeen the parties respecting the %%ithin
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words oFany 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 parte, the parties shall promptly execute a memorandum of
this Contract suitable for tiling 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 «ith or obtain a policy of title
insurance or Purchaser should have the abstract covering the Propert? examined by an attorney of
Purchaser's o« n selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock cite
council or city manager, %%hick date is indicated beneath the Mayor's or City Manager's signature
belo%%.
Counterparts
8.1 1 Fhis 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 orifi-inals for purposes of this Contract.
[rid,=ualurc page folloii.s]
C7
SELLER:
BEE SAFE ROUND ROCK I-35, LLC
a North Carolina limited liability com ny
Bv: '' Address: !1,\ N_ . 1w� %g 2Ql
Roy E. CarroIl,il, Manager
CALUIA-MW6, NC X01
PURCHASER:
CITY OF ROUND ROCK, TEXAS
Icy .
1,1A1 )=� L�1'
Laurie Hadley, City Manager
Date: &aYLI
Address: 221 East Main St.
Round Rock, Texas 78664
County: Williamson
City: Round Rock
Parcel: 5
Project: Lake Creek Trail
EXHIBIT A
DESCRIPTION FOR PARCEL 5
Rev. 08-29-19
Page 1 of 4
DESCRIPTION OF A 0,515 ACRE (22,424 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JACOB M.
HARRELL SURVEY, ABSTRACT NO, 284, IN T14E CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 1-A, (2.523 ACRES), REPLAT OF A PORTION OF LOT 5, ROUND ROCK WEST
SECTION THREE (REVISED), A SUBDIVISION OF RECORD IN CABINET M, SLIDES 220.222 OF THE PLAT
RECORDS OF WILLiAMSON COUNTY, TEXAS. DESCRIBED IN SPECIAL WARRANTY DEED TO BEE SAFE
ROUND ROCK I-35, LLC RECORDED 1N DOCUMENT NO. 2017078457 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 0.515 ACRE (22,424 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Mag Nap with washer stamped "Inland -4933" set in the easterly boundary line of said Lot 1-A, same
being in the westerly right-of-way (ROW) line of Interstate Highway 35 (IH -36) (right -of -xray width varies), for the
southeasterly corner and POINT OF BEGINNING of the herein described Iracl, and from which, an iron rod with
plastic cap stamped 'Baker-Aicklen", being Ilia southeasterly corner of said Lot 1-A and Ilia northeasterly comer of
Lot 2-A, of said subdivision in said westerly ROW title bears S 19'28'42` E, for a distance of 221.68 feel;
THENCE, departing said westerly ROW line, through Ilio interior of said Lot 1-A, the following rive (5) courses.
1) S 54'34119" W, for a distance of 92.88 feet to an Iron rod w/ plastic cap stamped "Inland -4933" set, fora
point of curvature to the right;
2) Along said curve to the right, having a delta angle of 28°03'08", a radius of 153.92 feel, an arc length of
75.36 feet and a chord which bears S 68035'53" W, for a distance of 74.61 feet to an Iron rod w/ plastic cap
stamped "Inland -4933" set, for a point of tangency;
3) S 82°37-27" W, for a distance of 195.22 feet to an iron rod wl plastic cap stamped "Inland -4933" sot, for a
point of curvature to the right;
4) Along said curve to Ilia right, having a delta angle of 11012'15", a radius of 142.76 feet, an arc length of
2.7.92 feet and a chord which bears S 88°13'35" W, for a distance of 27.87 feel to an iron rod w/ plastic
cap stamped "Inland -4933" sel, for a point of tangency;
5) N 86810178" W, for a distance of 2.9.33 feet to an iron rod w/ plastic cap stamped "Inland -4933" set In Ilia
existing easterly ROW line of the Union Pacific Railroad Company as described in Deed to Missouri Pacific
Railroad Company (6.107 acres) recorded In Volume 427, Page 446 of the Deed Records of Williamson
County, Texas, sante being the westerly boundary line of said Lot 1 A, for the southweslerly corner of the
herein described tract;
6) THENCE, with said existing ROW line, same being the westerly boundary lino of said Lot 1-A,
N 21016'54" W, for a distance of 47.88 feel to Ilio calculated northvmslerly corner of said Lot 1-A, same
being the southwesterly corner of that called 0.30 acre tract of land (41h Tract) described in Warranty Dead to
the City Of Round Rock recorded in Vo",unie 099, Page 480 of Ilia Deed Records of Williamson County,
Texas, for the northwesterly corner of the herein described Iract, and horn which a 518 Inch iron rod found,
being an anghM point in (lie existing easterly railroad ROW line, same being an angle point in [lie westerly
boundary line of Lot 2, Final Plat of Market At Round Rock, a subdivision of record in Cabinet 11, Slide 187-
188 of the Plat Records of Williamson Ca.inty, Texas bears N 21'16'54' W, for a distance of 73 88 feet to a
calculated point, being the northeasterly confer of said 6,107 acre ROW tract, being in said westerly
boundary line a Lat 7., and continuing N 41'31'01" W, for n distance of 209.72 feet:
Page 2of4
THENCE, departing said existing railroad ROW line, with the common boundary line of said Lot 1-A and said 0.30
acre tract, the following two (2) courses:
7) S 86.36'20" E, for a distance of 62.08 feel to a calculated angle point,
8) N 74.47'58" E, for a distance of 353.07 feel to a calculated point In the existing ROW line of said IH -35 for
Ilia northeasterly corner of said Lot 1-A, same being Ilio southeasterly corner of said 0.30 acre tract, for the
northeasterly corner of the herein described tract, and from which a 112" iron rod found, being an angle point
In Ilio existing westerly ROW line of said IH -35 bears N 19'28'42' W, at a distance of 46.20 feel, pass Ilia
calculated common northeasterly corner of said 0,30 acre tract and the southeasterly corner of Lot 1 of the
Markel Al Round Rock subdivision, and continuing with the common boundary line of said Lot 1 and said
existing easterly ROW line of IIA -35 for a total distance of 480.74 feet;
9) THENCE, departing said 0,30 acre tract, with the common boundary Itne of said Lot 1-A and said existing
westerly ROW line I1-1-35, S 19°28'42" E, for a distance of 29.29 feel to the POINT OF BEGINNING,
containing 0 515 acre (22,424 square feet) of [arid, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on Ilia 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 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 file ground under my direct supervision.
WITNESS MY HAMA AND SEAL at Round
M, Stephen Truesdhle
Registered Professional Land Surveyor No. 4933
Licensed Stale Land Surveyor
Inland Geodelics, LLC
Firm Registration No: 100597-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78081
County, Texas,
91 Cpkrt 141CO NCTSWARk5 L ACC,LAKEE CKEK TRAILtaARCUSLAKE CH IFINU 'ARCEL 3 BEE SAFE n R 135-REVISEd da_
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MARKET AT ROUND ROCK
,- CAD. 13, SLS, 187-188
e7 : x '�� PR1rCT
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(6.266 AC.)
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CITY OF ROUND ROCK LOT } r !w M7
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SO' t r{ ` `(2.523 AC.) C3 X55 92067 J _ 1 . Q. [] .
O • REPLAY OF �— — -- — _
9p •,: 1 PORTION OF LOT 5 0.515 AC. . _ti (-1... ��: PURI Ir. t,Ru1v
11a" tL1 1 ROUND ROCK 1'fESr 22 424 SQ. FT. T �! rASLL+rnt
[) n , Is' ruettC Uutllr 1 CAM PJ. SVS. 720 227
Z9 r u rvrr� SECTION THREE (REVISED) rAsfVE11F R F•r..rrrt
26 �" 1 CAB. FA, SLS. 220-222 tx� Icsn, rc r!cl ry h
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P.R.1Y.C.T BEE SAFE
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u - 1-•-uuUIV CASEurIiT ROUND ROCK 1--35, LLC lin p
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LOT 2-A 1 1 1
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NO. I
DIRECTION
DISTANCE
L1 I
N86'10181'1
29.33'
L2
N21'16 54 lY
47.88
L3
S05'35'2D'E
62.013
L3
58334 44 E
67.36
L4
519.28'42"E
29.29
L5
141858'1Y
18.48
L6
(N17'15 V)
46.23
1
L6
N19'28 42 til
46.20'
111 t'.
111
111
NU1.IBER
DELTA
RADIUS
LENGTH
CHORD
CHORD BEAR -NG
Cl
28'03 OD"
153.07.
75.36'
74.61
560'35 53' 1l
C2 I
i 111215'
142.76
27.92'
1 27.07
5138'13 35 VI
c!=_x1:11= rlc�s
PROFESSIONAL LAND SURVCYDRi
1504 CFRSHOL61 TRAIL Ria. STE. 103
ROUND ROCK, ix, 78681
FIL ISI 2) 231.1206,FAX (Sl 2) 233-I2ST
1V HIM REGISTRAT10:7 NO. IC059F-00 r
PARCEL 5
0,515 ACRES
22,424 SQUARE FEET
r; _:. r:n �;to3 rrf a, qr t It r•„r 1c -I ear 1 4 It , • a111 a.rar..n•r •ru nryev a nr..r..- " • -;r,. r: :.r I
RLV. 08-29- 2019
03-27-2018
PACE 3 OF 4
-io IMOMW79 0, 161- /ION
LEGEND
0
IRON ROD SET W/ PLASTIC CAP
T.U.E.
TEXAS UTILITY EASEMENT
STAMPED "INLAND 4933"
D.E.
DRAINAGE EASEMENT
(N)
MAG NAIL W/WASHER STAMPED
D,R,W,C.T.
DEED RECORDS
"INLAND -4933"
WILLIAMSON COUNTY, TEXAS
fl
IRON ROD WITH CAP FOUND
P.R.W.0 7.
PLAT RECORDS
0
1/2" IRON ROD FOUND
WILLIAMSON COUNTY, TEXAS
UNLESS NOTED
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
0
CALCULATED POINT
WILLIAMSON COUNTY, TEXAS
PROPERTY LINE
P.O.B.
POINT OF BEGINNING
P.U.E.
PUBLIC UTILITY EASFMENT
)
RECORD INFORMATION
DISTANCE BREAK
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
1820766—KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 17, 2018, ISSUE DATE MAY 25,
2018.
1. RESTRICTIVE COVENANTS: CABINET M, SLIDE 220, PLAT RECORDS OF WILLIAYSON COUNTY, TEXAS, SUBJECT TO.
10A. ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS, COVENANTS AND RESTRICTIONS AS SET FORTH IN PLAT
RECORDED IN CABINET C, SLIDE 173 AND CABINET M, SLIDE 220, PLAT RECORDS, WILLLIAMSON COUNTY, TEXAS,
SUBJECT TO.
B. DRAINAGE EASEMENT TO THE CITY OF ROUND ROCK RECORDED IN VOLUME 1191, PAGE 89, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN,
C. SANITARY SEWER EASEMENT TO THE CITY OF ROUND ROCK RECORDED IN VOLUME 1381, PAGE 805, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
D. PUBLIC UTILITY EASEMENT TO THE CITY OF ROUND ROCK RECORDED IN VOLUME 1381, PAGE 810, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
E. PUBLIC UTILITY EASEMENT TO THE CITY OF ROUND ROCK RECORDED IN VOLUME 1639, PAGE 436, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT AS SHOWN.
1) ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE,
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND
THAT THE PR PERTY SHOWN HEREON WAS DETERMINED BY A
SURVEY MA ON THE GRO�IDI''UNDER MlYUIT SUPE VISION.
CA
M. STEHP N T UESDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIT_ ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
! h] I.Jti !! 13u
�1'k�l �t t Ic
PROFESSIONAL LANG SURVEYOR
1501 C111S110L11 TRAIL RD. STE. 103
ROURD BOCK, TX. Mal
Fi 612123812CMAX(517123!-12SI
I ein, nrrtsrvsrena„n ,onset nn n
PARCEL 5
0.515 ACRES
22,424 SQUARE EEC -f
,.nx,ee•,nrtaea:rtotr,,sr,rmrnas+�rc::•aerear, •.anc,ur ,^,,.•v,�r•n, •c..-.,r�,rnar,•te, .selr n: ie r.: �
REV. 08 29- 2019
03-27-20"8
PAGE 4, OF 4
I'ritcl i
EXHIBIT "B"
SPECIAL WARRANTY DEED
Lake Creek Trail
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 BEE SAFE ROUND ROCK 1-35, 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
stifficicnc) of %%hich is hereby ackno%%Icdged, and for which no lien is retained, either
expressed or implied. ha%e this da) Sold and b) these presents do Grant. Bargain, Sell and
Convey unto CITY OF ROUND ROCK. TEXAS. all that certain tract or parcel of Iand lying
and being situated in the Counts of Williamson, State of Texas, along %%ith any improvements
thereon, being more partiCularl) described as follo"s:
All of that certain 0.515 acre (22,424 square foot) tract of land out of and situated in the
Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas: more full)
described in Exhibit "A'', attached hereto and incorporated herein PijLgel 5)
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the proprrty, described in said Exhibit
"A" to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record:
An) discrepancies. conflicts. or shortages in area or b0undar3 lines or any
encroachments or ani overlapping of improvements %%hick a current sur%ey %%ould shoe:
Easements, restrictions, reser%atlons, Co%enants, conditions, oil and Las leases, mineral
se%crances, and enClimbrances for taxes and assessments (other than liens and con%eyances)
present}) of record in the Official Public Records of Williamson County. Texas, that arfect the
properly. but on1% to the extent that said ilents are still %olid and in force and effect at this time.
ix113 11.62 N k
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,
raining or drilling or pumping the same; provided, however, that operations for exploration or recovery
of an) such minerals shall be permissible so long its 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 building material upon, in and under said land for the construction
and maintenance of Lake Creek Trail.
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, by, through or under
Grantor, but not otherwise.
This deed is beinL, delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2019.
[signature pttgesfolloir]
GRANTOR:
BEE SAFE ROUND ROCK 1-35, LLC,
a North Carolina limited liability company
13S
Ra) E. Carroll, ll, Manager
STATE OF
COUNTY OF
ACKNOWLEDGMENT
fi
fi
This instrument aas acknoN%ledged before me on this the __ day of ,
2019 by Ro) E. Carroll, 11, in the capacit} 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:
Cite ol` Round Rock
Attn: City Clerk
221 Main Street
Round Rock. Texas 78664
AFTER RECORDING RETURN TO:
IECity of Round Rock
OUND ROCK
ASS Agenda Item Summary
Agenda Number:
Title: Consider execution of a real estate contract with Bee Safe Round Rock 1-35,
LLC for the purchase of a 0.515 acre parcel required for construction of the
proposed Lake Creek Trail project (Parcel 5).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date. 10/18/2019
Dept Director: Rick Atkins, Parks and Recreation Director
Cost: $20,000.00
indexes: 2014 General Obligation Bonds
Attachments: LAF-00433382.PDF, Contract-00433098.PDF, Exhibits-00433151.PDF
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0315
The City originally proposed to purchase a 0.453 acre trail easement from the property owner.
The owner asked if the City would instead purchase fee ownership of the proposed parcel,
including a small northern remainder, which calculated to a new size of 0.515 acre. The
proposed purchase price of $20,000 was reviewed with and recommended for approval by the
Parks Department.
Cost: $20,000.00
Source of Funds: 2014 General Obligation Bonds
CityofRoundRock Page 1 Printed on M812019