R-2019-0417 - 10/24/2019 RESOLUTION NO.R-2019-0417
WHEREAS, the City of Round Rock ("City") desires to purchase a 0.137-acre right of way
required for the construction of the proposed Gattis School Road Phase 6 roadway improvement
Project(Parcel 18), and
WHEREAS, BBVA USA, 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 BBVA USA, 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 24th day of October, 2019.
r
City of Round Rock, Texas
WRIT BAESE,Mayor Pro-Tem
ATTEST:
It
MEAGAN SPINKS,Deputy City Clerk
0112.1902;00433303
EXHIBIT
"An
REAL ESTATE CONTRACT
Gattis School Road Ph. 6 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between BBVA USA,
an Alabama banking corporation, formerly-known-as Compass Bank (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..137 acre.(5,975 square.foot)tract of land out.of and situated in
the Samuel Jenkins Survey, Abstract No. 347 in Williamson County, Texas; more
fully described in Exhibit "A", attached hereto and incorporated herein (Parcel
18 ;
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 ONE HUNDRED FORTY THOUSAND NINE HUNDRED SIX and
00/100 Dollars($140,906.00)..
Payment of Purchase Price
2.02.The.Purchase Price shall be payable in cash at the Closing.
432379
Special Provisions
2.03. Seller and Purchaser agree that within thirty (30) days after the completion of the
Closing of this transaction that they shall execute and enter with the appropriate court an Agreed
Motion and Order to Dismiss the existing condemnation suit (Cause No. 19-0961-C.C4) filed by
Purchaser to acquire the Property.
2.04. As an obligation which shall survive the Closing of this transaction, Seller agrees
that in connection with or as soon as possible upon completion of any curative construction work.
to.relocate or replace.the existing on-premise.advertising monument sign to its.remaining property
that it shall also cause the existing sign located upon the Property purchased herein to be
disconnected from electrical service, and shall cause the existing sign to be demolished and.
removed from the Property acquired herein.
Purchaser agrees that it shall not charge any permit application or processing fees to Seller
in connection with submission and approval of a permit for installation.of a new on-premise sign
on its remaining property not purchased herein.
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-
2
(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 Properly herein is beingconveyed onveyed to Purchaser under threat of condemnation.
4.03. Except as set forth herein, Purchaser acknowledges and agrees that Seller.has not
made, does not make and specifically negate and disclaim. any representations, warranties,
promises, covenants, agreements or guaranties of .any kind or character whatsoever, whether
expressed or implied, oral or written, past, present or future, of, as to, concerning or with respect
to the Property including,without limitation:
(a) The value,nature,..quality or condition.of the Property, including without limitation
the water.,soil and geology and status of any permits and governmental approval;
(b) The suitability of the Property for any and all activities and uses which Purchaser
may conduct thereon;
(c) The compliance of or by the Property with. any laws, rules, ordinances or
regulations of any applicable.governmental authority or body;
(d) Seller has not made, does not,make. and specifically disclaims any representation
that Seller has offered any financing for this transaction; or
(e) Other matters with respect to the Property and specifically that Seller has not made;
does not make and specifically disclaims any representation regarding Hazardous Materials or that
the Property complies and will comply in all respects with applicable environmental laws, rules,
regulations, and court or administrative orders. As used.herein, the term "Hazardous.Materials"
include without limitation, any asbestos, urea formaldehyde foam insulation, flammable
explosives, radioactive materials; hazardous materials, hazardous wastes, hazardous or toxic
substances, or related or unrelated substances or materials defined, regulated, controlled, limited
or prohibited in the Comprehensive Environmental Response Compensation and Liability Act of
1980(CERCLA), (42 U.S.C. Sections 960.1;et seq.), the Hazardous Materials Transportation Act,
(49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act (RCRA), (42
U.S.C.. Sections 6901,et seq.),the Clean Water.Act, (33 U.S.C. Sections 1251, et seq.), the Clean
Air Act, (42 U.S.C. Sections 7401, .et seq.), the Toxic Substances Control Act, (15 U.S.C.
Sections 2601 et seq.), each such Act as amended from time to time, or in the rules, regulations
and publications adopted and promulgated pursuant thereto, or in the rules and regulations of the
Occupational Safety and Health Administration (OSHA) pertaining to occupational exposure to
asbestos, as amended from time to time, or in any other federal, state or local environmental law,
ordinance,rule, or regulation now or hereafter in effect.
3
Purchaser.further acknowledges and agrees that having.been given the opportunity to inspect the
Property,Purchaser is relying and shall rely solely on its.own investigation of the Property and not
on any .information provided or to be provided by Seller.. Purchaser further acknowledges and
agrees that any information provided by Seller or its agents or to be provided with respect to the.
Property was obtained and shall be obtained from a variety of sources and that Seller has not made j
any independent investigation or verification of such information and makes.no representations as
to the accuracy or completeness of any such information. Purchaser agrees that Seller is not, and
shall not be,liable or bound in any manner by any verbal or written statements,representations, or
information pertaining to the Property, or the operation thereof, furnished by any real estate
broker, agent, employee, servant or any other person. Purchaser further acknowledges and agrees
that.to the maximum extent permitted by state, local and federal law, the sale of the Property as
provided for herein is made on a"AS IS"condition and basis with all faults.
ARTICLE V
CLOSING
Closing Date
5.01. The.Closing shall be held at the office of Independence Title Company on or before
October 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.Special
Warranty 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 easements of record, recorded restrictions, rights*of-way,. agreements
and other matters of record;and
(c) Any mining or mineral rights leased, granted or retained by current or prior
owners.
(2)The Deed shall be in the form as shown in Exhibit"B"attached hereto.
4
(3) Provide reasonable assistance as requested and at no cost to Seller to cause. Title
Company to provide Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in. the usual form of Texas Owner's Title Policy,
provided,however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record",if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5:03.At the Closing,Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing.Date and shall be adjusted in cash at the Closing..If the Closing shall
occur before the tax rate is fixed for the then current year; the apportionment of'taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
Agricultural roll-back taxes,if any, shall be paid by Purchaser..
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title.Policy and.survey to be paid by Purchaser.
(2) Deed,tax certificates,and title curative matters,if any,paid by Purchaser.
5
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid'by each as incurred-respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific.performance.of this Contract; or (2) request that the Escrow
Deposit,if any,shall be forthwith returned by the title company to Purchaser.
ARTICLE VH
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$5.00 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.
6
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.
7
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.
SELLER:
BBVA USA,an Alabama banking corporation
By: Address: BBVA USA
{ t� Real Estate Services Department
Name:�J,l �i{(t/� lfJrTU�S 15 South 20t' Street,Level 1
Birmingham,AL 35233
Its: cV 'IA4-S Attn: Catherine R.Zalatoris
Date:_ >1 a-7, R41 9
PURCHASER:
CITY OF ROUND ROCK,TEAS
By: Address: 221 East Main St.
Craig Morgan,Mayor Round Rock,Texas 78664
Date:
8
01-03-2018
qq Page 1 of 4
EXHIBIT 1`�.
County: Williamson
Parcel: 18
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 18
DESCRIPTION OF A 0.137 ACRE (5;975 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL
JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 6,
BLOCK°A"(0.977 ACRES),STONECREST RETAIL SUBDIVISION,A SUBDIVISION OF RECORD IN CABINET V.
SLIDES 360-361 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN SPECIAL
WARRANTY DEED TO COMPASS BANK RECORDED IN DOCUMENT NO. 2002071224 OF THE: OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.137 ACRE (5,975 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2' iron rod found 2.20.23 feet left of proposed Gattis School Road Baseline
Station 173+60.80,being the northwesterly corner of said Lot 6,same being an all corner in the southerly boundary
line of Lot 7,Block"A"of said Stonecrest Retail Subdivision;
THENCE,with the common boundary line of said Lot 6 and said Lot 7,S 03°00'10'E,for a distance of 146.41 feet to
an iron rod with aluminum cap stamped "ROW 4933" (Grid Coordinates determined as N=10155127.96,
E=3152491.67 TxSPC Zone 4203)set 76.38 feet left of proposed Gattis School Road Baseline Station 173+88.00 in
the proposed northerly right-of-way (ROW) line of Galtfs School Road (ROW width varies), for the northwesterly
corner and POINT OF BEGINNING of the herein described tract;
THENCE,departing said Lot 7,with said proposed northerly ROW line,through the interior of said Lot 6,the following
three(3)courses:
1) S 80-45-13" E, for a distance of 162.17 feet to an iron rod with aluminum cap stamped"ROW 4933"set
72.29 feet left of proposed Gattis School Road Baseline Station 176+40.12,for an angle point;
2) S 74-02-17"E,for a distance of 47.49 feet to an iron rod with aluminum cap stamped"ROW 4933"set 65.47
feet left of proposed Gattis School Road Baseline Station 175+87.12, for a point of curvature of a non-
tangent curve to the left;
3) Along said non-tangent curve,having a delta angle of 00°36'51",a radius of 1934.53 feet,an arc length of
20.74 feet and a chord which bears S 82°36'03" E,for a distance of 20.74 feet to an iron rod with aluminum
cap stamped"ROW 4933"set 65.47 feet left of proposed Gattis School Road Baseline Station 176+08.56,
being in the easterly boundary line of said Lot 6,same being in the westerly boundary line of Lot 2,Block`A"
said Stonecrest Retail Subdivision,for the northeasterly corner of the herein described tract,and from which,
a 1/2"iron rod with plastic cap(unreadable)found, being the northeasterly corner of said.Lot 6,an ell corner
in said westerly boundary line of Lot 2 and also being in the southerly boundary line of said Lot 7, bears
N 02°30'14"W,at a distance of 196.07 feet;
4) THENCE, departing said proposed northerly ROW line,with the common boundary tine of said Lot 6 and
said Lot 2,S 02'30'14"E,for a distance of 20.13 feet to an"X"found cut in concrete in the existing northerly
ROW line of Gallia School Road (ROW width varies), being the southeasterly corner of said Lot 6, same
being the southwesterly corner of said Lot 2, for the southeasterly corner of the herein described tract,and
from which, an "X" found cut in concrete in said existing ROW tine of Gattis School Road, being the
southeasterly corner of said Lot 2 bears S 84°05'47"E,at a distance of 39.48 feet;
THENCE,departing said Lot 2,with said existing ROW line,same being the southerly boundary line of said Lot 6,the
following two(2)courses:
5) N 84°09'16" W, for a distance of 60.66 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen"
found;
Page 2 of 4
6) N 81*27-03"W,for a distance of 157.09 feet to an"X"found cut in concrete,being the southwesterly corner
of said Lot 6.same being an ell corner in the southerly boundary line of Lot 7,for the southwesterly corner of
the herein described tract,and from which,an"X"found cut in concrete in said existing northerly ROW line,
being an ell corner in the southerly boundary line of said Lot 7,same being the southeasterly corner of Lot 8,
Block"A"said Stonecrest Retail.Subdivision bears N 81°40'14"W,at a distance of 50.98 feet;
7) THENCE, departing said existing ROW line,with the Common boundary line of said Lot 7 and said Lot 6,
N 03°00'10" W, for a distance of 30.80 feet to the POINT OF BEGINNING,containing 0.137 acre (5,975
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 HP�N�ED AND SEAL.at Round Rock,Williamson County,Texas
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.P � a �/E>v^.'"(Jj $�l°�� (�, �kdL/L..sb�i J �f g..ri,.�� �f'1F t�,4Yr" �r�_ �✓S �Y/q+�
1+�F®
M.Stephen Truesdale Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor g
Inland Geodetics,LLC v s ?f
Finn Registration No:100591-00
1604 Chisholm Trail Road,Suite 103
Round Rock,TX 78581z=eye
FS 'f lk
s -i a j�
S:1 BRON%JNBGAYrGATTIS SC110OL•REDBUD TO VIA SONCMA?PARCELSVARCEL 18-COMPASS-BANKt PARCEL SO-COMPASS fWO<.dm
EXHIBIT
PlXr 'M ACCOMPANY PARCEL DBSCRIlyrION 01/03/18
PAGE 3 OF 4
—-----------
NUMBER DIRECTION DISTANCE
L I S74'02' 17-'E 47. 49'
L2 S02*30' 14'E 20. 13'
L3 S84'05'47'E 39.48'
N
(L 3) (NO
L4 N84*09* 16'Vi 60.66,
(L Lc4) (Nall 59,281,W) (60. 74'
L5 NOY 00' 1 9'VI 30.8O'____ 0 30 60
' 60'
STONECREST RETAIL 1
SUBD I V I S I OP)
LOT 7
CAB. V. SLIDE 360-361 '.(3.041 AC. )
LOT 2
P.O. R.
STA, 173-60.80 (7.650 AC.)
220,23' LT
91/1
0 Y,
LOT B
LOT 6
20
(0.965 AC.) (0.977 AC.)
—k
COMPASS BANK
co '
fo DOC, NO. 20020TI224
t.7
ro O.P.R.W.C.T.
80 LOT 5
fn Ln P.0.B. (0.798 AC. )
STA38';7388.00
to 0
L �T n
STA. 175*87
0
GRIMOORDINATESi 65,47' LT
Ln
5
NE:301524591. 7
STA 175-40 12 z
72.ig LT
SSOaI
PROPOSFO 152. 17,
65. L
EXISTI&
0.
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[:N:]U SIR DELTA-- 1----RADIUS.- _ LFNGTH CHORD CHORD:LIFFAR INC,C 1 36'51 1934.53'1 20. 74' .0, 74' S82- 36'03'E
d PARCEL PLAT SHOWING PROPERTY Of
INLAND
GE0DL-TlCS'j COMPASS BANK
PROFESSIONAL LAND SURVEYORS PARCEL. 18
1504 CWSHOLM TRAIL RD.STE.103
ROUND ROCK,IX.78681 SCALE PROJECT cl AINT y
P11.(SI 2)218-1260,FAX(51?)239-1251
FIRM REGISTRATION NO.100591-00 fJ'j I" = 60_ 1 GATT IS SCIIOD Vill
Si\-BRO'?lN&GAY\GATT I S SCHOOL-REDBUD TO VIA SONO)AWARCELSWARCEL 18-COMPASS-BANKM)ARCEL 18-COMPAS5-13ANKAgn
X ILI B I I
PLAT TO ACCOMPANY PARCEL DESCRIvrioN PAGE 4 OF 4
LEGEND
* FENCE CORNER POST FOUND CENTER LINE
0 IRON ROD FOUND UNLESS NOTED Z PROPERTY LINE
I, RECORD INFORMATION
0 Vz" IRON ROO FOUND VI/PLASTIC CAP —/I— LINE BREAK
0 COTTON GIN SPINDLE FOUND t--j DENOTES COMMON OWNERSHIP
O
IRON PIPE FOUND UNLESS NOTED P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
X X CUT FOUND N.T.S. NOT TO SCALE
* 60/D NAIL FOUND 0.R.ri.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
* CALCULATED POINT 0.R.Vt.C.T. OFFICIAL RECORDS
0 '/2" IRON ROD W1 AI:LWINUM CAP WILLIAMSON COUNTY, TEXAS
0.P.R."N.C.T. OFFICIAL PUBLIC RECORDS
STAMPED "ROVI-4933' SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE) P.R. N,C.T. PLAT RECORDS
WILLIAMSON COUNTY. TEXAS
I)
ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. NAD 8.3. CENTRhL ZONE.
2) TH I S SURVEY WAS PERFORMED W1 THOUT BENEF I T OF A T I TLE ABSTRACT. j"',
THERE MAY BE OTHER INSTRUMENTS OF RECORD. THAT AFFECT THIS TRACT
NOT DEPICTED HEREON.
im
V
0 5
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THEa lit :
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY a 3
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDERPAY DIREC'r jupERvistON.
'61/ V.
elf,
...........M. ST.AiEN TFRUCSDALF DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933 —S-07AITE7 RT—
LICENSED STATE LAND SURVEYOR AC67L 0. 137 5,975
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00 CALC/DEE0 AREA 0.977 42,558
1504 CHISHOLM, TRAIL ROAD, SUITE 103
ROUND ROCK. TEXAS 78681 RFMAINDFR AREA 0.840 36,583
d PARCEL PLAT SHOWING PROPERTY OF
I INLANDu
GEOE)F-TICS 'j COMPASS BANK
PROFESSIONAL VINO SURWYOR PARCEL ( 8
1504 CHISHOLM TRAVL RD.STE.103
ROUND ROCK.TX.78681 SCALE PROJECT COUNTY
PIL(SIZ)238-1200,FAX(S12)238-1251
TL FIRM REGISTRATION No'loosgi-00 Fr GAT T I S SMOOL ROAD, 1`!ILLIAMS0,11
S.\-BROWN&GAY\GATTIS SCHOOL-REDBUD TO VIA SON0hIA\PARCELS\PAI?CEI. IS-COMPASS-SANK\PARCEL IS-COMPASS-BANK.dgn
EXHIBIT "B"
Mcel 18
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 BBVA USA, an Alabama banking corporation, formerly-known-as Compass Bank,
hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City
of Round Rock, Texas, the receipt, and sufficiency of which is hereby acknowledged,. and for
which no lien is retained, either expressed or implied, have this day Sold and by these presents
do Grant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that .certain
tract or parcel of land lying and being situated in the County of Williamson, State of Texas,
along with any improvements thereon, being more particularly described as follows,,
All of that certain 0.137 acre (5,975 square foot) tract of land out of.and situated in the
Samuel Jenkins Survey, Abstract .No. 347 in Williamson County, Texas; more .fully
described in.Exhibit"A",attached hereto and incorporated herein Pared 18)
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 over-lapping 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..
432383
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 by, through or under
Grantor, but not otherwise.
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-
BBVA USA,an Alabama banking corporation
formerly-known-as Compass Bank
By:
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:
3.