CM-2019-0356 - 11/15/2019REAL ESTATE CONTRACT
Gattis School Road Ph. 6 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between H -E -B, LP, a
Texas limited partnership (referred to in this Contract as "Seller") 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 agrees to sell and to convey, and Purchaser agrees to purchase and
to pay for, the tract(s) of land described as follows:
All of that certain 0.018 acre (775 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
2 J1;
together with all and singular the rights and appurtenances pertaining to the property on a non-
exclusive basis such that the conveyance hereof does not diminish the rights pertaining to the
adjacent property returned by Seller, 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 NINE THOUSAND SIX HUNDRED EIGHTY-EIGHT and 00/100
Dollars ($9,688.00) .
Payment of Purchase Price
2.02. The full amount of the Purchase Price shall be payable by Purchaser to Seller in cash
at the Closing.
ARTICLE III
CLOSING CONDITIONS
00427982_ DOC
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062007.00922 318990 v5
3.01. 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.
3.02. Purchaser 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 Purchaser prior to or as of the Closing.
ARTICLE IV
EMINENT DOMAIN
4.01. 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 (the "Title
Company") on or before December 6, 2019 (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 (the "Deed") conveying Seller's right, title and interest to all of the Property
described in Exhibit "A", free and clear of any and all monetary liens created by Seller.
(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;
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";
K
(provided that Seller has no obligation to take any action pertaining thereto or satisfy any
requirements thereunder except as expressly set forth herein).
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the full amount of the Purchase Price to Seller in cash.
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.
Closina 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 should fail to fully and timely perform any of its obligations hereunder
or should 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 III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to enforce
specific performance of this Contract or 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 $5,000 as liquidated damages for any failure by Purchaser hereunder.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective 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 entire agreement of the parties pertaining to the subject
matter hereof and supersedes any prior understandings or written or oral agreements between the
parties with respect thereto. No representation, warranty, covenant, agreement or condition not
4
expressed in this Contract shall be binding on the parties hereto or shall affect or be effective to
interpret, change or restrict the provisions of this Contract.
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. Seller shall have the right to void this Contract if not approved as provided on or
before December 6, 2019.
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.
Legal Holidays
8.12 Notwithstanding anything contained herein to the contrary, if any date of performance
or any deadline date which is set forth herein falls on a Saturday, Sunday or federal Iegal holiday,
then such date shall be extended to the next following date which is not a Saturday, Sunday or
federal legal holiday.
Attorneys'
8.13 In the event it becomes necessary for either party to file a suit to enforce this contract
or any provisions contained herein, the prevailing party shall be entitled to recover, in addition to
all other remedies or damages, reasonable attorneys' fees and costs of court incurred in such suit.
[signature page follows]
6
SELLER:
H -E -B, LP,
a Texas limited partnership
j13y: _
Name: Benj*de
Its: Vice 1 Estate SAFD
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: .+
Name: Laurie Hadley
Its: City Manager, City of Round Rol
Date:
7
Address: H -E -B, LP
646 S. Flores Street
San Antonio, Texas 78204
Attention: Benjamin R. Scott
Telephone: (210) 938-8766
with a copy to: Golden Steves & Gordon LLP
200 E. Basse Road, Suite 200
San Antonio, Texas 78209
Attention: Ami E. Gordon
Telephone: (210) 745-3710
Address: 221 East Main St.
Round Rock, Texas 78664
01-03-2018
REV: 03-06-2019
Pagel of 4
EXHIBIT ` "
County: Williamson
Parcel: 21
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 21
DESCRIPTION OF A 0.018 ACRE (775 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 2, BLOCK "A" (7.650 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 HEB GROCERY COMPANY, LP RECORDED IN DOCUMENT NO. 2007095692 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.018 ACRE
(775 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 (TX 4707 AZ
25085) found 235.70 feet left of proposed Gattis School Road Baseline Station 176+20.79,
being an angle point in the common boundary line of said Lot 2 and Lot 5, Block "A" said
Stonecrest Retail Subdivision;
THENCE, with the common boundary line of said Lot 2 and said Lot 5, S 02030'47" E, for a
distance of 172.27 feet to an iron rod with aluminum cap stamped "ROW 4933" (Grid
Coordinates determined as N=10155083.30, E=3152747.35 TxSPC Zone 4203) set 65.47 feet
left of proposed Gattis School Road Baseline Station 176+49.43 in the proposed northerly right-
of-way (ROW) line of Gattis School Road, for the northeasterly corner and POINT OF
BEGINNING of the herein described tract;
1) THENCE, departing said proposed northerly ROW line, with the common boundary line
of said Lot 2 and said Lot 5, S 02°30'47" E, for a distance of 19.71 feet to an "X" found
cut in concrete in the existing northerly ROW line of Gattis School Road (ROW width
varies), being the southeasterly corner of said Lot 2, same being the southwesterly
corner of said Lot 5, for the southeasterly corner of the herein described tract, and from
which, an 'V cut in concrete found, being an angle point in said existing northerly ROW
line of Gattis School Road, same being in the southerly boundary line of said Lot 5,
bears S 84°02'55" E, at a distance of 115.84 feet;
2) THENCE, departing said Lot 5, with said existing ROW line, same being in the southerly
boundary line of said Lot 2, N 84°05'47" W, for a distance of 39.46 feet to an "X" cut in
concrete found, being the southwesterly corner of said Lot 2, same being the
southeasterly corner of Lot 6, Block "A" said Stonecrest Retail Subdivision, for the
southwesterly corner of the herein described tract, and from which a 112" iron rod with
plastic cap stamped "Baker-Aicklen" found, being an angle point in said existing ROW
line, same being in the southerly boundary line of said Lot 6, bears N 84009'16" W, at a
distance of 60.66 feet;
Page 2 of 4
3) THENCE, departing said existing ROW line, with the common boundary line of said Lot
2 and said Lot 6, N 02°30'14" W, for a distance of 20.13 feet to an iron rod with
aluminum cap stamped "ROW 4933" set 65.47 left of proposed Gattis School Road
Baseline Station 176+08.56 in said proposed northerly ROW line, for the northwesterly
corner of the herein described tract, and from which a 112" iron rod with plastic cap
(unreadable) found, being the northeasterly corner of said Lot 6, bears N 02°30'14" W, at
a distance of 196.07 feet;
4) THENCE, departing said Lot 6, with said proposed northerly ROW line, through the
interior of said Lot 2, along a curve to the left, having a delta angle of 01°10'16", a radius
of 1934.53 feet, an arc length of 39.54 feet and a chord which bears S 83029'37" E, for a
distance of 39.54 feet to the POINT OF BEGINNING, containing 0.018 acre (775 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 H ND AND SEAL at Round Rock. Williamson County, Texas.
/ I
M. Stephen Truesdale
Registered Professional Land Surveyor No- 4933 OF
Licensed State Land SurveyorhP•G� g rF9�'y
Inland Geodetics, LLC ati N
Firm Registration No: 100591-00 1. ' ' TEPHE INES"""°
g� M STprrEN7rzu�sD
1504 Chisholm Trail Road, Suite 103 "" ...........
..........A�
44033
Round Rock, TX 78681 y1ofirss�a f�:y{per a�
& 0/9
Date
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REVI 03/06/19
PAGE 3 OF 4
Elm
LOT 4
(1.240 AC. )
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NUMBER
DIRECTION
DISTANCE
L1
S02.30'47"E
19.71'
L2
N84'05'47"VI
39.48'
(L2)
(NO I * 59' 28 "VI)
(39.43')
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NUMBER PELTA RADIUS LENGTH CHORD I CHORD BEARING
C1 1 O1. 10' 16" 1 1934.53 39.54' 39.54' 1 S83.29'37"E
PARCEL PLAT SHOWING PROPERTY OF
I N LA N DD
GEODETICS -1 HEB GROCERY COMPANY, LP
PROFESSIONAL IRNA SURVEYORS PARCEL 21
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681 SCALEPROJECT COUNTY
FH.(S12)239-1200,FAX (SI7)239-1251
FIRMREGISTRATIONNO.100591-00 1" 60' GATTIS SCHOOL ROAD VIILk.IAMSON
Ss\■BROWN&CAY\GATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 21 IIEB LOT 2 57ONECREST\PARCEL 21-HEB-LOT 2-D30619.d0n
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
01/03/18
REV) 03/06/19
PAGE 4 OF 4
11 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, NAD 83, Central Zane.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1845381-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE NOVEMBER 14, 2D18, ISSUE DATE NOVEMBER 21, 2018.
I. RESTRICTIVE COVENANTS: CABINET V, SLIDE 360, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, DOCUMENT
NOS. 199961930, 2001019243, 2001019244, SUBJECT TO, 2001003876, ORDINANCE AFFECTS, 2002009653, 2002009654,
SUBJECT TO, 2002035940, DOES NOT AFFECT, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
10A. BUILDING SETBACK LINES AS SET FORTH IN INSTRUMENT RECORDED IN DOCUMENT NO. 199961930, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
B. 10 FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE AS SHOWN ON THE PLAT AND DEDICATION AS SET
OUT IN SCHEDULE A HEREOF, AFFECTS AS SHOWN.
C. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 199961930 AND AMENDED IN
DOCUMENT NO. 2001020940, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
D. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001003876, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ORDINANCE AFFECTS AND SUBJECT TO.
E. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019423 AND AMENDED IN
DOCUMENT NO. 2002009653, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
F. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019244 AND AMENDED IN
DOCUMENT NO. 2002009654, SUBJECT TO, AND DOCUMENT NO. 2005003517, AFFECTS AND SUBJECT TO, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
G. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2002013417, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
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 NOE Y DI ECT SUPERVISION.
M. ST HEN TRUESDALE DATE
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
4933 a
Sul
ACQUISITION
FENCE CORNER POST FOUND
€
CENTER LINE
7.650
1
333,234
Q
PROPERTY LINE
332, 459
IRON ROD FOUND UNLESS NOTED
i I
RECORD INFORMATION
IRON ROD FOUND W/PLASTIC CAP
--
LINE BREAK
0
COTTON GIN SPINDLE FOUND
F -I
DENOTES COMMON OWNERSHIP
POINT OF BEGINNING
IRON PIPE FOUND UNLESS NOTEDP.O.B.
P.O.R.
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
A
CALCULATED POINT
0. R.W.C. T.
OFFICIAL RECORDS
0
1/2" IRON ROD 1'l/ ALUMINUM CAP
WILLIAMSON COUNTY, TEXAS
STAMPED "R01'1-4933" SET
O. P. R. W. C. T.
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
P. R. W. C. T.
PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
11 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, NAD 83, Central Zane.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1845381-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE NOVEMBER 14, 2D18, ISSUE DATE NOVEMBER 21, 2018.
I. RESTRICTIVE COVENANTS: CABINET V, SLIDE 360, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, DOCUMENT
NOS. 199961930, 2001019243, 2001019244, SUBJECT TO, 2001003876, ORDINANCE AFFECTS, 2002009653, 2002009654,
SUBJECT TO, 2002035940, DOES NOT AFFECT, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
10A. BUILDING SETBACK LINES AS SET FORTH IN INSTRUMENT RECORDED IN DOCUMENT NO. 199961930, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
B. 10 FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE AS SHOWN ON THE PLAT AND DEDICATION AS SET
OUT IN SCHEDULE A HEREOF, AFFECTS AS SHOWN.
C. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 199961930 AND AMENDED IN
DOCUMENT NO. 2001020940, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
D. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001003876, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ORDINANCE AFFECTS AND SUBJECT TO.
E. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019423 AND AMENDED IN
DOCUMENT NO. 2002009653, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
F. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019244 AND AMENDED IN
DOCUMENT NO. 2002009654, SUBJECT TO, AND DOCUMENT NO. 2005003517, AFFECTS AND SUBJECT TO, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
G. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2002013417, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
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 NOE Y DI ECT SUPERVISION.
M. ST HEN TRUESDALE DATE
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
4933 a
Sul
ACQUISITION
0.0181
775
CALC/DEED AREA
7.650
1
333,234
REMAINDER AREA
7.632
332, 459
kt PARCEL PLAT SHOWING PROPERTY OF
I N L.A N Du
GEODETICS jj HEB GROCERY COMPANY, LP �]
PROFESSIONAL LAND SURVEYORS PARCEL G 1
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY
PH. (51 212311-12011, FAX (SI 2) 738-1251
Lq RRMREGISTRATIOHNo. IUOSsI-00_ 1" - 60' GATTIS SCHOOL ROAD WILLIAMSON
S:\KBROWN&GAY\GATTIS SCHOOL-REDBUD TO VIA SONO%IA\PARCELS\PARCEL 21-HEB LOT 2 STONE CREST \PARCEL 21-14ED-LOT 2-030619.dgn
Parccl 21
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 HEB GROCERY COMPANY, LP, a Texas limited partnership n/k/a H -E -B, LP,
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, for use as public
right -o# -way and no other purpose, 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 0.018 acre (775 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 21
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)
DOCS -#323592 -v1 -Decd_- Gattis School Road (Parcel _21).doc
062007.00922 323592 v
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.
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:
HEB Grocery Company, LP,
a Texas limited partnership
n/k/a H -E -B, LP
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS
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 Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.
City of Round Rock
R�OUrEX4 O0 OCK Agenda Item Summary
r EMS
Agenda Number:
Title: Consider executing a Real Estate Contract with H -E -B, LP for the purchase
of a 0.018 acre parcel required for construction of the Gattis School Road
(Phase 6) roadway improvement project. (Parcel 21)
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/15/2019
Dept Director: Gary Hudder, Transportation Department
Cost: $9,688.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: HEB(21)--purchase contract for GSR6 r.o.w. (signed by owner)
(00434994xA08F8), HEB(21)--property exhibits for purchase contract
presentation (DC 11.6.19) (00434998xAOBF8)
Department: Transportation Department
Text of Legislative File CM -2019-0356
This parcel was identified for purchase as part of the property's side development review with
the City. The proposed land unit value purchase price is based on similar appraisal values
obtained by the City in the vicinity of the property, and is recommended for approval by the
Transportation Department.
Cost: $9,688.00
Source of Funds: Round Rock Transportation and Economic Development Corporation
(Type B)
City of Round Rock Page 4 Printed on 11/15/2049
HES — PARCEL 21
VALUATION OF THE FEE AcouisrTION
COMPENSATION SUMMARY
FME11L- 64
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AERIAL WITH PROPOSED ACQUISITION
(Proposed acquisition in blue)
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