Contract - BAEV LASALLE ROUND ROCK UNIVERSITY BLVD INC. - 10/24/2019 REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between BAEV-
LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a Delaware 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 0.052 acre (2,269 square foot)tract of land out of and situated in
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas; being
more fully described in Exhibit "A", attached hereto and incorporated herein
Parcel 1 ; and
Temporary Construction Easement interest in and across all of those certain 1265
square foot and 2552 square foot tracts of land out of and situated in the Ephraim
Evans Survey, Abstract No. 212 in Williamson County, Texas; being more fully
described on Exhibit`B", attached hereto and incorporated herein (Parcel TCE 1-
1 & 1-2);
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
CONSIDERATION
2.01. Purchase Price. The Purchase Price for the Property, compensation for any
improvements on the Property, for Seller's design and construction of the Parcel 1 Accessway(as
defined in Section 2.02 below), and for any damage or cost of cure for the reconfiguration of the
remaining property of Seller shall be the sum of TWO HUNDRED THIRTY THOUSAND AND
TWELVE and 00/100 Dollars ($230,012.00).
00427602.DOC
�.-2o I q -V420
2.02. City to Approve Plans for Access Through Adjacent Property. Seller has provided
plans to Purchaser for construction of an accessway from the Parcel 1 parent tract to and from the
adjacent property to the north so as to provide egress to northbound traffic from the Parcel 1
parent tract ("Parcel 1 Accessway"). Purchaser agrees that it shall ensure that said plans are
approved and all required governmental permits and approvals are issued for the construction of
said Parcel 1 Accessway, as part of the consideration for this sale, and as a condition of Closing of
the Sale of Parcel 1.
Payment of Purchase Price
2.03. The Purchase Price 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
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;
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4.02. The Property herein is beingconveyed onveyed 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").
The parties' respective obligations to proceed to Closing under this Contract are contingent on (a)
the delivery of a recordable instrument, executed by the beneficiary under any mortgage or
security instrument encumbering the Property(a"Mortgage"), releasing the lien of such Mortgage
as to the Property only, and (b) Seller's receipt of an executed agreement by and between Seller
and Compass Bank confirming, inter alia,that Compass Bank does not have any right to terminate
the lease between the parties on account of the taking contemplated herein, and (c) Seller's
delivery of a partial release of the existing lease with Compass Bank with respect to the Property,
executed by Compass Bank.
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas (a) a duly executed and acknowledged Deed
conveying title in fee simple to all of the Property described in Exhibit "A", free and clear of any
mortgage liens, (b) a duly executed and acknowledged Temporary Construction Easement
granting such interest to the property described in Exhibit "D" and depicted in Exhibit `B", and
(c) a partial release of the existing- lease with Compass Bank with respect to the Property
described in Exhibit"A".
(2)The Deed shall be in the form as shown in Exhibit"C" attached hereto. The Temporary
Construction Easement shall be in the form as shown in Exhibit"D" attached hereto.
(3) Deliver to 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
3
(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.
(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.
4
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 VIH
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.
5
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 snail may be considered
effective as originals for purposes of this Contract.
[signature pages follow]
6
SELLER:
Baev-Lasalle Round Rock University Boulevard LLC, Address:
a Delaware limited liability company
By:
Its: �npSicJP -
Date: Z /
By:
Its:
Date:
7
SELLER:
Baev-Lasalle Round Rock University Boulevard LLC, Address:
a Delaware limited liability company
By:
Its:
Date:
By-W,✓L_
Its: '�S
Date:
7
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: 0# Address: 221 East Main St.
Craig Morgan, Mayor Round Rock, Texas 78664
Date:/ z4 c(
8
EXHIBIT"°A"
Variable Width Right-of-Way.Acquisition
METES AND BOUNDS DESCRIPTION
OF A .
0.052 ACRE TRACT'OF.LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,.TEXAS
BEING A .0.052 ACRE. (2.269 SQUARE FOOT) TRACT OF LAND .SITUATED.IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO: 212, WILLIAMSON .COUNTY, TEXAS;
SAID 0.052 ACRE TRACT BEING A PORTION OF LOT 3A, BLOCK A, REPLAT OF
CHANDLER ROAD.RETAIL SUBDIVISION; FILED ON APRIL 9, 2007,AND RECORDED
IN CABINET DD, SLIDES 72-.73 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
-TEXAS (P.R.W.C.T.); SAID 0.052 ACRE TRACT ALSO BEING A PORTION OF LOT 3A
DESCRIBED IN A' SPECIAL WARRANTY DEED TO BAEV-LASALLE ROUND- ROCK
UNIVERSITY BOULEVARD LL.C, FILED ON JULY 241' 2014, AND RECORDED IN
DOCUMENT NO.,20140581.62 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS- . (O.P.R.W.C.T.); SAID 0.052 ACRE. TRACT .BEING. MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a found 1/2-inch iron rod with plastic.yellow cap stamped-`Bury". for the,common
northeast corner of.said Lot 3A and the most easterly southeast corner of Lot 4, Block A, University
Commons, filed on September 30, 2013, and recorded in. Document 'No. 2013093282 of the
O.P.R.W:C,T.,.being on the.west line of Lot 3, Block A, of said University Commons, for the northeast
corner of the,herein described tract;
THENCE South 20°43' 10"East,with the.common easterly line,of said Lot 3A and the westerly line of
said Lot 3, a'distance of 184.92 feet to a PK nail.with.washer stamped `--`Bury. & Partners" found for an
angle point on the easterly line of said Lot 3A and the southwest corner of said Iot 3;being on:the north
right-of-way line.(R.O.W..)line of University.Boulevard(a variable width R.O.W.),for angle point of the
herein described.tract;
THENCE with the common easterly and.southerlyline of said Lot 3A and the northerly right-of way line
of said University,Boulevard,the following two calls:
1) South 24° 17' 52"West, a distance of 50.91 feet.to a calculated point-for an angle point of the herein
described tract;
. .2)' South.69 17' 52" West, a distance of 11.31 feet to a cut "X".set for the southwest corner of the
herein described tract;
THENCE traveling across the interior of said Lot 3A,the following.two calls:
1). North 24' 17' 52"East;a distance of 52.65 feet to a set 1/2-inch iron rod with aluminum-cap stamped
-"CORR ROW"for an angle point of the herein described tract;.
2) North 200 42' 30" West, a distance of 183.69 feet to`a set.1/2-inch iron rod with aluminum cap
stamped "CORR ROW on the common northerly line'of said Lot 3A and the southerly line of said
Lot 4,for the northwest corner of the herein described tract;-
Page 1 :of 3
Exhibit"A"continued
Description of a 0.052 acre-tract
THENCE North 690 16' 50" East, with the common northerly line of said Lot 3A and the southerly line
of said Lot.4, a distance of 10.05 feet to the POINT OF BEGINNING.of the herein described tract;
delineating and encompassing within the metes recited 0.052 acre .(2,269 square feet).of land, more or
less, based on the survey and exhibit drawing made by The Wallace Group, A CP&Y Company,.Round
Rock,Texas in 2015.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central.Zone —
NAD 83)which is based on Leica's Central Texas GPS Cooperative COBS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4854 attached hereto 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.
cE OF TF
.DANIEL M,�FLAHERTY
Daniel M.Flaherty,R.P.L.S.No.50 .•. ...50oa ..
The Wallace Group,A CP&Y Company r`9 Q;.•�Q'
P Y 97iQ:�Fss�Q�.,p
One Chisholm Trail,Suite 130 SUR`l�
Round Rock,Texas 78681
Ph.(512)248-0.065
TBPLS Firm No. 10051701
See attached Plat No.A-4854 10-08-2015
22824-FN15.doc Date
Page 2 of 3
EXHIBIT "A' '
(VARIABLE WIDTH RIGHT OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.052 ACRE (2,269 SQ. FT.). TRACT OF LAND
IN THE CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS,
LOT 3
BLOCK A
LOT 4
BLOCK A UNIVERSITY COMMONS
NO. 203093282
UNIVERSITY COMMONS DOC.OP.R.W.C.T.-
DOC. NO. 2013093282 FlLID: SEPTEMBER 30, 2013.
T. FIELD NOTE
FILED: SEPTEMBER 30, 2013 POINT I F SCALE: 1" = '100'
DEO�4�► 9$�S N 691VW E — 10.65'
VARIABLE WMDTH R.O.W. ACQUISITION
PROPOSED R.O.W. LINE 0.052 ACRE(2.2119 SO. FT.)':
LOT 3A m
BLOCK A
REPLAT OF CHANDLER ROAD LOT 2
RETAIL SUBDIVISION SECTION ONE 1 1 BLOCK A
CAB. DD. SLD. 72-73. 3 w
LOT 4 P.R.W.C.T. �, b LOT 3 UNIVERSITY COMMONS
BLOCK A FILED:_APRIL 9, 2007 BLOCK A DOC. NO. 2013093282
g O.P.R.WC.T.
BAEV—LASALLE ROUND ROCK FILED. SEPTEMBER 30, 2013
UNIVERSITY BOULEVARD LLC
DOC. NM 2014058162 = w
A.P.R.W.C.T.
FILED: JULY 24, 2014 .
N 2417'5Y E— 52:6V-. _- PK NAIL PATH WASHER STAMPED
"BURY do PARTNERS" FOUND
EXISTING R.O.W..LINE CUT"X` S 24'17'52' W EXISTING R.O.W. LINE
SET
60.5
S 699T52' W— 11.31'
E
CL
UNIVERSITY BOULEVARD
a (VARIABLE W?DT1Y R.O.W.)
LEGEND
GENERAL NOTES: •= FOUND 1/2' IRON MONTH PLASTIC
ao 1:) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
YELLOW CAP STAMPED "BURY'
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
o O s SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE. "CORK ROW" UNLESS OTHERWISE NOTED
o, 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT a CALCULATED-POINT
v 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. RR.W.C.T. - PLAT RECORDS, WYILLIAMSON COUNTY, TEXAS
5.). BEARINGS ARE BASED ON THE TEXAS STATE.PLANE COORDINATE SYSTEM D.R.VV.0 T - DEED RECORDS,WWAMSON COUNTY, TEXAS
c41i (CENTRAL ZONE, NAD83) WHICH IS BASED ON LOCKS CENTRAL TEXAS GPS• O.R.W.C.T OFFICIAL RECORDS, WIWAMSON COUNTY. TEXAS
a COOPERATIVE CORS RTK NETWORK. O.P.R.W.'C:T. OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY, TEXAS
THE WALLACE GROUP
engineer.s architects surveyors .(�G �F...
>, A CP&Y COMPANY ��:, G„�STERF�-�
WACO .KILLEEN DALLAS ROUND ROCK Q °N
..........................:....
, TBPLS 10051701 1 Chisholm Trail,Suite 130,Round Rock,Texas 766M (512)248-0065 TBPE F-54
i DANIEL M.fIAHERTY
0 1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE.AND BELIEF THAT, A 5004 P�Q
o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 9 9aa �o?•'
SURVEYS IN THE STATE OF TEXAS. THIS E _ DAY,OF OCTOBER. 2015. �Y '•.Es
....
J .
co
SEPTEMBER, 2015 SUF`
f� SURVEYED: OCTOBER, 2014
i DANIEL M. FEARER RPLS N0. 3 OF 3
100 ��O PLAT NO. A-4854 DRAFT DATE 10-08-2015 DRAWN BY E
SCALE WORK ORDER NO. 22� FIELDBOOK/PG. 190 5 TAB # A-4854
i;
2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS FM # 23824—FN15
i
N
TCE 1-1 WI
1265 SF Y
I Q I
HORZ 0' 25' 50,
y 1 }
N SCALE IN FEET
W
TCE 1-2
2552 SF Z LEGEND
7
i
---- !PROPOSED ROW '
..,�.•_'•,'.. --__ Y CONSTRUCTION I EASEMENG
RN
E ROW
----- (EXISTING EASEMENT
iL LOT LINES
uWWil NOTES(
r I. THE TCE FOR CONSTRUCTION IS NEEDED i0
O - PflOV1DE THE CONTRACTOR ROOM TO CONSTRUCT
1 I THE PROPOSED RETAINING WALL BETWEEN TXE
PARKING LOT CURB AND SIDEWALK. THE
CONSTRUCTION OF THE RETAINING WALL MAY
LOT 3A �1 REQUIRE GRADING OUTSIDE THE EXISTING
'BLOCK A I I PARKING LOT.
o 2. FEATURES IDENTIFIED ON THIS EXHIBIT ARE
THE EXISTING CONDITION, SEE THE SCHEMATIC
LAYOUT FOR PROPOSED IMPROVEMENTS.
PROP ROW 1 U
<
I
WFOR REVIEW ONLY
NOT FOR CONSTRUCTION,BIDDING,
UNIVERSITY BLVD OR PERMIT PURPOSES
NEDY
CONSULT
'JF-92 TING
, TBPE KEG. i-926
ENGINEER MATTHEW J. WERNER
P.E.NO. 107847 DATE 12/2/2015.
0
D- a ENNEDY
4
W -_-- --, CONSULTING
Tv CITY OF ROUND ROCK
=1 E.MAIN ST
--- ROUND ROCK,TM 78614
FROM/UNIVERSITY OAKS BLVD TO SUNRISE RD
UNIVERSITY BLVD
COMPASS BANK
EXISTING IMPROVEMENTS
KCI
KCI
s _ TEXAS
KCI UN]V
—11 jI
KCI WILL IANSON ROUNDROLK
EXHIBIT "C"
Parcel 1
DEED
University Boulevard 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 BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a Delaware
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, 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 0.052 acre (2,269 square foot) tract in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas; being more fully described by metes and
bounds in Exhibit"A", attached hereto and incorporated herein Parcel 1
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.
00423558.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 University Boulevard.
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.
GRANTOR:
Baev-Lasalle Round Rock University Boulevard LLC,
a Delaware limited liability company
By:
Name:
Title:
By:
Name:
Title:
2.
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
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
3.
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 "D"
Parcel l
TEMPORARY CONSTRUCTION EASEMENT
University Boulevard Improvements
KNOW ALL PERSONS BY THESE PRESENTS:
That BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD, LLC, a Delaware
limited liability company (hereafter referred to as "Grantor"), whether one or more, in
consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by the City
of Round Rock, Texas, the receipt of which is hereby acknowledged, does hereby grant to the
CITY OF ROUND ROCK, TEXAS its agents, contractors, successors and assigns (referred to as
"Grantee"), a temporary, non-exclusive construction easement for the purpose of(1) constructing
proposed University Blvd. roadway, retaining wall and related facilities within the adjacent right
of way owned or acquired by Grantee, and (2) constructing and/or reconstructing Grantor's
existing driveway entrance from the.proposed University Blvd. improvements ("Project") to the
remaining property of Grantor, and any associated grading and drainage therewith, in, along,
upon and across the property described in Exhibit "A" ("the Property") as necessary to carry out
the purposes of this Easement. The removal and/or construction of any improvements, driveway,
curbs,parking lot, or other related facilities on the Property shall be in the location of, subject to,
and shall comply with any notes, details, specifications or other requirements or restrictions as
shown on the plan sheets attached as Exhibit`B" and incorporated herein.
The parties agree further as follows:
Following completion of work within the temporary construction easement area described
in Exhibit "A", Grantee shall at its expense and within ninety (90) days of completion of the
work restore any Property injured or damaged by Grantee's use of the Property and activities
thereon, including specifically landscaping, irrigation, parking, pavement, signage, lighting or
vegetation, as closely as possible to substantially the same condition or better than existed
previous to Grantee's entry upon the Property, provided that Grantee shall use all commercially
reasonable efforts to restore the striped parking spaces to a usable condition within two (2) days
of completion of the work.
This temporary construction easement shall be in full force and effect at all times during
the accomplishment and completion of the construction activities described above, provided,
however,the temporary construction easement for area"TCE 1-1" on Exhibit"A" shall terminate
and the easement rights and all Grantee's interest in the improvements constructed within the
easement area, if any, shall revert to and become the responsibility .of the Grantor, Grantor's
successors, and assigns on the earliest of(a) the expiration of thirty (30) days after the beginning
of the work upon that portion of the Property; (b) on the date of completion of construction of the
Project; or(c)four(4)years from the full execution of this Temporary Construction Easement.
00426717.DOC
Further, the temporary construction easement for area "TCE 1-2" on Exhibit "A" shall
terminate and the easement rights and all of Grantee's interest in the improvements constructed
within the easement area, if any, shall revert to and become the responsibility of the Grantor,
Grantor's successors, and assigns on the earliest of(a) the expiration of thirty (30) days after the
beginning of the work upon that portion of the Property; (b) on the date of completion of
construction of the Project; or (c) four (4) years from the full execution of this Temporary
Construction Easement
Grantee shall (1)provide prior written notice to Grantor's authorized representative Wade
McGinnis (by email to: wade c@barshop-oles.com) at least seven (7) business days prior to the
beginning of work in the Property associated with this temporary construction easement, and
shall confirm receipt of said notice with Wade McGinnis; and (2) obtain, maintain, and provide
to Grantor certificates of insurance evidencing general liability insurance in the 'minimum
amounts required of contractors under the General Conditions of the City of Round Rock
Construction Contract, naming Grantee as an additional insured. Grantor may change its
authorized representative on prior written notice to Grantee.
Grantee confirms that at no time shall it eliminate, temporarily or permanently, the
existing accessible routes in the Property and to surrounding connections to accessible routes
without prior written agreement from Grantor, and Grantee agrees and ensures that compliance
with the Americans with Disabilities Act shall be maintained throughout Grantee's use of the
Property, at Grantee's sole cost and expense.
To the extent allowed by law, Grantee shall indemnify Grantor and its agents, tenants,
employees, customers, visitors, contractors, licensees, and invitees from any claims,.demands,
losses, actions, liabilities, obligations, damages, costs or expenses, including, without limitation,
reasonable attorney's fees arising out of the exercise of the rights of ingress and egress or by any
wrongful or negligent act or omission of Grantee's agents or employees in the course of their
employment, and work on the Property.
At no time during the grant of this easement shall Grantor be denied reasonable driveway
ingress and egress to its remaining property for the purposes to which the parent tract is currently
being put, unless there is an agreement to do so between Grantor and Grantee in advance.
Grantor may use the Property for any purpose not inconsistent with the rights hereby granted
provided such use does not materially interfere with Grantee's exercise of any of its rights
hereunder.
At no time during the grant of this easement shall Grantee, its agents or contractors be
allowed to store machinery or materials within the easement area unattended or during periods
where no active construction work is being performed in the right of way adjacent. to the
easement area.
This conveyance is subject to all easements and rights of way of record, visible or
apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other
mineral leases, mineral severances and other instruments that affect the Property.
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IN WITNESS WHEREOF,the parties hereto have executed this instrument on this
day of , 2019.
GRANTOR:
BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC,
a Delaware limited partnership
By:
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 herein.
Notary Public, State of
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GRANTOR:
BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC,
a Delaware limited partnership
By:
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 herein.
Notary Public, State of
4
AGREED:
CITY OF ROUND ROCK, TEXAS
By:
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 herein.
Notary Public, State of Texas
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