CM-2019-0372 - 12/2/2019 Recording requested by and
when recorded return to:
MEMORANDUM OF REAL ESTATE CONTRACT
THIS MEM'QRANDYM OF REAL ESTATE CONTRACT ("Memorandum") dated
effective as of fL ,2019,("Effective Date")is entered into by and between BAEV-
LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a Delaware limited liability
company ("Seller"), and the CITY OF ROUND ROCK, TEXAS ("Purchaser").
RECITALS:
A. On or about even date herewith, Seller conveyed to Purchaser that certain real
property described on Exhibit A attached hereto (the "Property"). Th conveyance was made
pursuant to the terms of that certain Real Estate Contract dated as of ,2019,by and
between Seller and Purchaser regarding the sale of the Property from Selle to Purchaser under threat
of condemnation (the"Contract");
B. The Contract sets forth certain agreements and obligations of Purchaser relating to
the Property; and,
C. Seller and Purchaser agreed to record this Memorandum at the closing of the sale
of the Property to Purchaser to provide record notice of the post-closing obligations of Purchaser
under Sections 2.03 and 2.04 of the Contract.
MEMORANDUM:
1. The above recitals are incorporated by reference.
2. This Memorandum serves only as notice of the rights, duties and obligations of
Purchaser with respect to the improvements upon and operation of the Property. This
Memorandum is solely for recording and notice purposes and in no way alters, amends, modifies
or supplements the provisions of the Contract. All capitalized terms in this Memorandum that are
not otherwise defined in this memorandum shall have the same meanings as set forth in the
Contract.
3. Section 2.03 of the Contract states:
"As an obligation which shall survive the Closing of this transaction,Purchaser agrees that
part of the proposed roadway improvements to be constructed [by Purchaser] upon the
Property shall consist of a "hooded" left turn lane entry into the remaining property of
Seller, in the location and in substantial compliance with the specifications as shown in
Exhibit "B" attached hereto and incorporated herein."
1
� � a
Exhibit"B", as referenced in the foregoing paragraph, is attached hereto as Exhibit B.
4. Section 2.04 of the Contract states:
"As an obligation which shall survive the Closing of this transaction, Purchaser agrees to
abide by the following standards in maintaining the roadway facilities to be constructed in
and on the Property:
a. Other than to the extent temporary closure is necessary for facility construction or
modification, an emergency or temporary maintenance (and in any such event reasonably
minimizing the extent of said closure), all driveways to, from and on the Property shall
remain open at all times, and shall never be closed by Purchaser, except with the express
agreement of Seller or its successors and assigns.
b. Facilities within and on the Property, including but not limited to concrete drives,
curbing, walls and sidewalks, landscaping and other improvements shall be maintained to
or above the standard of the surrounding improvements, in accordance with applicable
laws, ordinances, and regulations, and shall otherwise be kept in good repair and
maintenance all at Purchaser's sole cost and expense.
c. Other than to the extent temporary closure is necessary for facility construction or
modification, maintenance or an emergency (and in that event reasonably minimizing the
extent of said closure), the connection of the roadway facilities installed in the Property
shall remain accessible to University Boulevard at all times, and shall never be closed by
Purchaser."
5. To the extent provided by and contained within the Contract,the obligations under
the Contract incorporated above shall run with the land and bind the Purchaser's successors and/or
assigns to the Property. In the event of a conflict between the provisions of the Contract and any
provisions of this Memorandum, the Contract shall control.
6. Upon request by either party, the parties agree to execute an estoppel certificate in
a form as reasonably requested by the other party to confirm the status of performance under
Section 2.03 and 2.04 of the Purchase Contract, or partial termination of this Memorandum, in
recordable form, to confirm partial satisfaction of the obligations of Purchaser under Section 3
above.
7. This Memorandum may be executed in counterparts, and all such executed
counterparts shall constitute the same agreement. It shall be necessary to account for only one such
counterpart in proving this Memorandum. The parties agree that delivery of a digital image (e.g.
pdf) of an executed counterpart of this Memorandum by electronic transmission(e.g. facsimile or
email) shall be the same as delivery of an original and the parties agree to accept a digital image
of this Memorandum, as executed, as a true and correct original.
2
IN WITNESS WHEREOF, the parties have executed this Memorandum, intending to be
legally bound hereby as of the Effective Date.
SELLER:
BAEV-LASALLE ROUND ROCK
UNIVERSITY BOULEVARD LLC, a Delaware
limited liability company
By
Name:
Title:
By:
Name:
Title:
STATE OF
COUNTY OF
The undersigned notary public in and for the jurisdiction aforesaid, does certify that
,being personally known to me as the of BAEV-
Lasalle Round Rock University Boulevard LLC, a Delaware limited liability company, in the
foregoing and attached instrument, dated as of , 2017, acknowledged said
instrument to be the act and deed of BAEV-Lasalle Round Rock University Boulevard LLC, and
that s/he delivered the same as such before me in the jurisdiction aforesaid.
Notary Public
My Commission Expires:
(continued on next page)
-Signature Page-
STATE OF )
COUNTY OF )
The undersignednotary public in and for the jurisdiction aforesaid, does certify that
,being personally known to me as the of BAEV-
Lasalle Round Rock University Boulevard LLC, a Delaware limited liability company, in the
foregoing and attached instrument, dated as of , 2017, acknowledged said
instrument to be the act and deed of BAEV-Lasalle Round Rock University Boulevard LLC, and
that s/he delivered the same as such before me in the jurisdiction aforesaid.
Notary Public
My Commission Expires:
(continued on next page)
-Signature Page-
PURCHASER:
CITY OF ROUND ROCK, TEXAS
B
Name: Laurie Ha ley
Title: City Manager
f J
STATE OF �% )
COUNTY OF
ACKNOWLEDGMENT
r�'�.
The undersigned notary public in and for the jurisdiction aforesaid,does certify that Laurie
Hadley, being personally known tome as the person named as the Mayor of theity of Round
Rock, Texas, in the foregoing and attached instrument, dated as of 2 , 2019,
acknowledged said instrument to be the act and deed of the City of Round Rock, exas, and that
he delivered the same as such before me in the jurisdiction aforesaid.
Notary Public
ON\QU E ADq4,11i����i
My Commission Expires: .�` SPRY P�B� '• '�.
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-Signature Page-
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
i
EI=IT"A"
Variable Width Right-of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OFA
0.435 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.435 ACRE (18,961 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.435 ACRE TRACT BEING A PORTION OF LOT 3, BLOCK A, UNIVERSITY
COMMONS, FILED ON SEPTEMBER 30, 2013, AND RECORDED IN DOCUMENT NO.
2013093282 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
(O.P.R.W.C.T.); SAID 0.435 ACRE TRACT ALSO BEING A PORTION OF LOT 3
DESCRIBED IN A SPECIAL WARRANTY DEED TO BAEV-LASALLE ROUND ROCK
UNIVERSITY BOULEVARD LLC, FILED ON JULY 24, 2014, AND RECORDED IN
DOCUMENT NO. 2014058162 OF THE O.P.R.W.C.T.; SAID 0.435 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a PK nail with washer stamped "Bury & Partners" found for the common southwest
corner of said Lot 3 and the easterly southeast corner of Lot 3A,Block A,Replat of Chandler Road Retail
Subdivision Section One, filed on April 9, 2007, and recorded in Cabinet DD, Slides 72-73 of the Plat
Records of Williamson County, Texas, being on the north right-of-way line (R.O.W.) of University
Boulevard(variable width R.O.W.),for the southwest corner of the herein described tract;
THENCE North 200 43' 10" West, with the common westerly line of said Lot 3 and in part with the
easterly line of said Lot 3A and the easterly line of Lot 4, Block A, of said University Commons, a
distance of 238.48 feet to a set 1/2-inch iron rod with aluminum cap stamped "CORR ROW" for the
northwest corner of the herein described tract;
THENCE traveling across the interior of said Lot 3,the following two calls:
1) North 690 11' 27"East, a distance of 86.96 feet to a set 1/2-inch iron rod with aluminum cap stamped
"CORR ROW"for the northeast corner of the herein described tract;
2) South 20°42' 30"East,a distance of 42.52 feet to a set 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" on the common southerly line of said Lot 3 and the northerly line of Lot 2,Block A,
of said University Commons,for an angle point of the herein described tract;
THENCE with the common south and east lines of said Lot 3 and the north and west lines of said Lot 2,
the following two calls:
1) South 69° 18' 51" West, a distance of 9.07 feet to a calculated point for an angle point of the herein
described tract;
2) South 20°42' 20"East, a distance of 196.13 feet to a found 1/2-inch iron rod with plastic yellow cap
stamped"Bury" for the common most southerly southeast corner of said Lot 3 and the most westerly
southwest corner of said Lot 2,for the southeast comer of the herein described tract;
Page 1 of 3
Exhibit"A"continued
Description of a 0.435 acre tract
THENCE South 69° 17' 52" West, with the common southerly line of said Lot 3 and the northerly
R.O.W. line of said University Boulevard, a distance of 77.84 feet to the POINT OF BEGINNING of
the herein described tract, delineating and encompassing within the metes recited 0.435 acre (18,961
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 CORS 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-4856 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.
A, �G�O e F9
o:N
DANIEL M.FLAHERTY
Daniel�MFla�herty,R.P.L.S.No.5004 ...................................
The Wallace Group,A < ° 5004
One Chisholm Trail,Suite 130 mpany �' of:.-
?i'::�Fss�
Round Rock,Texas 78681 SURv
Ph.(512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4856 10-16-2015
22824-FN 17.doc Date
Page 2 of 3
EXHIBIT "A' '
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.435 ACRE (18,961 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOT 4 BA"-LASALLE ROUND ROCK LOT 3
BLOCK A UNIVERSITY BOULEVARD LLC BLOC( A
DOC. NO. 201405M82
UNIVERSITY COMMONS D.PJLW.C.T. UNIVERSITY COMMONS
DOC. NO. 2013093282 FILED: JULY 24, 2014 DOC. NO. 2013093282
O.P.R.W.C.T. O.P.R.W.C.T.
FILED: SEPTEMBER 30, 2013 FILED: SEPTEMBER 30, 2013
N 8911'27• E PROPOSED R.O.W. UNE
SCALE. f" = 100'
��s�o���� S 42. 52�•E
Gk N 89'18'51• E - 211.00' PK NAIL WITH WASHER
4�41 �j�4� STAMPED "BURY &
S 891851• W- 9.07' PARTNERS" FOUND
I
3
LOT 3A 'b I LOT 2
BLOCK A m BLOCK A
LOT 4 REPLAT OF CHANDLER ROAD b UNIVERSITY COMMONS
BLOCK A RETAIL SUBDIVISION SECTION ONEZ DOC. NO. 2013093282
CAB. DD, SLD. 72-73 iC O.P.R.W.C.T.
P.R.W.C.T. FILED: SEPTEMBER 30, 2013
FILED: APRIL 9, 2007 H
VARIABLE WIDTH R.O.W. ACQUISITION
0.435 ACRE (18,9M SQ FT.)
FIELD NOTE s 89'1752• w
77.84!
POINT OF
EXISTING R.O.W. LINE BEGINNING PK NAIL WITH WASHER EXISTING R.O.W. LINE
STAMPED "BURY&
PARTNERS" FOUND
E
CL UNIVERSITY BOULEVARD
(VARIABLE WIDTH R.O.W.)
LEGEND
GENERAL NOTES: •- FOUND 1/2• IRON ROD WITH PLASTIC
ro 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. YELLOW CAP STAMPED "BURY"
a 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND 0 - SET 1/2• IRON ROD WITH ALUMINUM CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE _ "CORR ROW'
o, 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
v - CALCULATED 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P,R.W. - PLAT RECORDS,INT WILLIAMSON COUNTY, TEXAS
w 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. - DEED RECORDS, WIWAMSON COUNTY, TEXAS
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S 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
I
cc
cc V THE WALLACE GROUP
i� engineers architects surveyors OF T
ACP&Y COMPANY �P, �%ST .9
WACO KILLEEN DALLAS ROUND ROCK U?
TBPLS 10051701 1 Chisholm Troll,Suite 130,Round Rock,Tums 78681 (512)248-OM TBPE F-54 """""""""""'..
DANIEL M.FLAHERTY
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ............................. "'
o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND e Q
SURVEYS IN THE STATE OF TEXAS. THIS THE 18TH DAY OF OCTOBER2015.
N 3UR��
N OCTOBER. 2015
N SURVEYED: OCTOBER, 2014 DANIEL M. ERTY RPLS NO. 5004 3 OF 3
W . OC PLAT NO. A-4858 DRAFT DATE 10-18-2015 DRAWN BY TAR
a SCALE WORK ORDER N0. 22824 FlELDBOOK/PG. 190 35 TAB f A-4858
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS FAN f 23824—FN17
EXHIBIT B
ROADWAY IMPROVEMENTS UPON TIE PROPERTY
DRAWING DAPS, 10!1212016 FILENAME, IIX17 Sc IwImtic La aut.tl
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