R-2020-0006 - 1/9/2020 RESOLUTION NO. R-2020-0006
WHEREAS, the City of Round Rock ("City") desires to purchase a 0.566-acre right of way
required for construction of the proposed University Boulevard roadway improvement Project (Parcel
10); and
WHEREAS, IA Round Rock University Oaks Limited Partnership, 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 IA Round Rock University Oaks Limited Partnership 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 9th day of January, 2020.
CRAI MO AN, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1902;00437121
EXHIBIT
iffA„
REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between IA ROUND
ROCK UNIVERSITY OAKS LIMITED PARTNERSHIP, an Illinois limited partnership,
(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 0.566 acre (24,662 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
(Par__ cel 10);
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 described in Exhibit "A", 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 FIVE HUNDRED TWENTY-FIVE
THOUSAND FOUR HUNDRED FIFTY-FOUR and 00/100 Dollars ($525,454.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
Special Provisions and Additional Compensation
2.03. As additional compensation, and as an obligation which shall survive the Closing of
this transaction, Purchaser agrees that it shall execute and issue an Administrative Adjustment
letter at the Closing, in accordance with the applicable provisions of the City of Round Rock,
which shall authorize and allow Seller to place mounted banners on any light pole facilities of
Purchaser which are constructed within the Property, of which no additional costs or annual fees
will be assessed to Seller, pertaining to such mounted banner signs on Purchaser's light poles.
Seller shall be allowed to replace the mounted banners at any time and will not require prior
consent from Purchaser.
2.04. As an obligation which shall survive the Closing of this transaction,Purchaser agrees
that part of the proposed roadway improvements to be constructed 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. The Purchaser represents that the Property shall be used as a public access
point to the University Oaks Shopping Center, and no more than one ingress and egress access
point along University Oaks Blvd will be closed for repairs or construction at any given time.
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.
3.03. Purchaser acknowledges and agrees to allow, grandfather in, or permit Seller to
relocate and install its pylon sign in the area depicted in "Exhibit D" attached hereto. Purchaser
further agrees to work with Seller to permit and allow electricity to be connected to the pylon
sign. If necessary, Purchaser agrees to waive or grandfather in any potential regulations or
restrictions regarding relocating the pylon sign and will approve any permit applications necessary
for the relocation. Purchaser will not charge Seller any permit application fees pertaining to the
approval, construction and the relocation and installation of the pylon sign.
3.04. Purchaser acknowledges that Seller has a lender, and this Contract is expressly
subject to lender approval, including all required lender documents necessary for approval.
1)
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 patties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) To the best of Seller's knowledge, Seller has complied with all applicable laws,
ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof;
4.02. 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 on or before
June 15`h, 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"). On
the Closing Date, the Title Company shall disburse to Seller, in such manner and to such account
as Seller shall specify in a separate written instruction, immediately available funds in the amount
of the Purchase Price.
Seller's Obl i rations at Closin
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged 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 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 exceptions approved by Purchaser pursuant to Article III hereof, and
3
(c) Any exceptions approved by Purchaser in writing.
(2)The Deed shall be in the form as shown in Exhibit"C"attached hereto.
(3) Provide requested assistance, at no cost to Seller, to cause Title Company to issue to
Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, 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;
(b) Deliver an executed Administrative Adjustment letter;
(c) Deliver an original executed Letter Agreement (with all exhibits) by Don
Childs, as counsel for the Purchaser, for the access roadway connection to
Oakmont Rd which includes a License Agreement for a monument sign in
the same form as attached hereto as "Exhibit E";
(d) Deliver a duly executed settlement statement between Buyer and Seller;
and
(e) All other documents reasonably determined to be necessary by the Title
Company to effectuate the transaction contemplated in this Contract.
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. Agricultural roll-back
taxes, if any, shall be paid by Purchaser.
Closing Costs
4
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,escrow fees and recording fees 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 perfonnance of this Contract, or (2) terminate this Contract
and pursue a condemnation against Seller.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property for any
reason. and Seller not being in default hereunder, Seller shall receive the amount of $5,000 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.
5
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.
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 tiling of record, any recording fees shall be the sole responsibility of the
party requesting a Memorandum of Contract. Upon recording of a Memorandum of Contract, the
requesting party shall forward a copy of the recorded Memorandum of Contract to the other party.
6
Compliance
8.09 1n 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 mail may be considered
effective as originals for purposes of this Contract.
[signature page follows)
7
SELLER:
IA ROUND ROCK UNIVERSITY OAKS
LIMITED PARTNERSHIP,an Illinois
limited partnership
By: IA Round Rock University Oaks GP,L.L.C.,
a Delaware limited liability company, its general partner
By: IVT OP Limited Partnership
a Delaware limited partnership, its sole member
By: IVT OP GP,LLC,
a Delaware limited liability company, its general partner
By: InvenTrust Properties Corp.,
a i aryland corpora n, its sole member
/ X
cv:
... :t
I
Name:
r�
Its: EMU"We Pradd%nt and Soo"
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Craig Morgan, Mayor Round Rock, Texas 78664
Date:
8
EXHIBIT`iA"
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS.DESCRIPTION
OF A
0.566 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.566 ACRE (24,662 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAND 0.566 ACRE TRACT BEING A PORTION OF LOT 2A,BLOCK A, REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER, FILED ON NOVEMBER 2, 2006, AND RECORDED
IN CABINET CC, SLIDES 230-233 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS (P.R.W.C.T.); SAID 0.566 ACRE TRACT ALSO BEING A PORTION OF LOT 2A
DESCRIBED IN A SPECIAL WARRANTY DEED TO INLAND AMERICAN ROUND ROCK
UNIVERSITY OAKS LIMITED PARTNERSHIP, FILED ON MAY 6, 2010, AND
RECORDED IN DOCUMENT NO. 2010029662 OF THE OFFICIAL PUBLICRECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); ,SAID 0.566 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 "CS LTD"for the northwest
corner of said Lot 2A, same marking the easternmost northeast corner of Lot 1, Block A, East Chandler
Retail Center, filed on December 1, 2005, and recorded in Cabinet BB, Slides 62-65 of the P.R.W.C.T.,
and being on the southerly right-of-way line (R.O.W.)of University Boulevard (variable width R.O.W.),
for the northwest corner of the herein described tract;
THENCE with the common northerly line of said Lot 2A and the southerly R.Q.W. line of said
University Boulevard,the following two calls:
1) (L1) North 69° 18' 1.4" East, a distance of 74.82 feet to a calculated point for an angle point of the
herein described tract;
2) (1-2) North 24°21' 38"East, a distance of 32.21 feet to a cut "X"found in concrete for the common
northernmost corner of said Lot 2A.and the westernmost northwest corner of Lot 2E,Block A,of said
Replat of Lot 2 East Chandler Retail Center,for the northeast corner of the herein described tract;
THENCE(L3) South 20°41' 53"East, with the easterly line of said Lot 2A and the westerly line of said
Lot 2E, a distance of 14.1.6 feet to a cut "X" set in concrete for an angle point of the herein described
tract;
THE, traveling across the interior of said.Lot 2A,the following two calls:
1) (L4) South 24° 18' 09"West, a distance of 4.75 feet to a cut"X" set in concrete for an angle point of
the herein described tract,
2) South 20° 42' 30" East, a distance of 248.66 feet to a set 1/2-inch iron rod with aluminum cap
stamped"CORR ROW"on the easterly line of said Lot 2A and the westerly line of Lot 2H,Block A,
of said Replat of Lot 2 East Chandler Retail Center,for an angle point of the herein described tract;
Page 1 of 3
Exhibit"A"continued
Description of a 0.566 acre tract
THENCE(L5) South 24° 18' 07" West, with the easterly line of said Lot 2A, and with the westerly line
of said Lot 2H, a distance of 24.41 feet to a found 1/2-inch iron rod with plastic yellow cap stamped
"CS LTD"for the most southerly southeast corner of the herein described tract;
THENCE (L6) South 69° 11' 27"West, traveling across the interior of said Lot 2A, a distance of 76.96
feet to a set 1/2-inch iron rod with aluminum cap stamped "CORR ROW"on the westerly line of said Lot
2A and the easterly line of said Lot 1 for the southwest corner of the herein described tract;
THENCE North 20° 43' 04" West, with the westerly line of said Lot 2A and the easterly line of said
Lot 1,a distance of 260.84 feet to the POINT OF BEGINNING of the herein described tract,delineating
and encompassing within the metes recited 0.566 acre(24,662 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
April 2017.
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 WILL.IAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4864 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.
,, OF:
l'
sssxs.,s,
'�� +^• s.s.aw„r+s•1s.+sresrss.w.f+.�s:ss
DANIEL M.FLAHERTY
Daniel M.Flaherty,R.P.L.S. No.5004 ,,..1................. ...«......
The Wallace Group,A CP&Y Company "k. 5C It:Z,
One Chisholm Trail,Suite 130 ;' ., yC
Round Rock,Texas 78681 SUS
Ph.(512)248-0065
TRPLS Firm No. 10051701
See attached Plat No. A-4864 04-19-2017
22824-FN23.doc Date
Page 2of3
EXHIBIT c'A ' '
(VARIABLE WIDTH RIGHT-OF WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.566 ACRE (24t662 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
INLAND AMERICAN ROUND ROCK UNIVERSITY BOULEVARD
UNIVERSITY OAKS LIMITED PARTNERSHIP (VARIABLE WIDTH R.O.W.)
DOC.N0. 2662
O.P,R.W.C.T. CUT "X" FOUND IN CONC. EXISTING R.O.W. LINE
FILED: MAY 8, 2010!„
-..._..__ �... L3
EXISTING R.D.W. LINE L1 CUT "X" SET IN CONC.
.� FIELD NOTE � L4 CUT "X" SET IN CONC.
POINT OF
r'7EGINNING ' LO PROPOSED R.O.W. LINE
N LOT 2E
PROPOSED R.O.W, LINE BLOCK A
N I REPLAT OF LOT 2 �+ +
fLOT 1 PORTION OF'j` W EAST CHANDLER RETAIL CENTER 'sC`4 LE' f - if 017
F ` OLOCK A ! LOT 2A it CABINET CC, SLIDES 230-233
BLOCK A O P.R.W.C.T.
EAST CHANDLER RETAIL CENTER r FILED: NOVEMBER 2, 2006
CABINET BB, SLIDES 62-65 r 04
P.R.W.C.T. O
FILED: DECEMBER 1, 2005 0 N
O
N
VARIABLE WIDTH Z
RIGHT-OF-WAY ACQUISITION) LOT 2
0.566 ACRE(24,662 SQ. FT. BLOCK A
REPLAT OF LOT 2
L6 EAST CHANDLER RETAIL CENTER
LINE TABLE
CABINET CC, SLIDES 230-233
P.R.W.C.T.
LINE BEARING DIST. FILED: NOVEMBER 2. 2006
L1 N 6918'14" E 74.82' z Q Q
L2 N 2421'38' E 32.21'
L3 S 20'41'53" E 14.16' Com, eJ
E L4 S 24"18'09" W 4.75' o �, p LOT 2H
11 BLOCK A
W L5 S 24' 18'07' W 24.41' M w Q
u' L6 S 69'111'27" W 76.96' R4 LEGEND
GENERAL NOTES: :J ! = FOUND 1/2' IRON ROD WITH
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS YELLOW CAP STAMPED "CS LTD"
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND UNLESS OTHERNASE NOTED
a CONDITIONS THAT MAY BE APPLICABLE O SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
r 3.) THE SURVEYOR DID NOT ABSTRACT 11iE SUBJECT TRACT. "CORR ROW"
v 4. ) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. ® = CALCULATED POINT
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM P.R.W.C.T. = PLAT RECORDS, WIWAMSON COUNTY, TEXAS
(CENTRAL ZONE NAD83) MICH IS BASED ON LEICA'S CENTRAL TEXAS GPS D.R.W.C.T. GEED RECORDS, WIWAMSON COUNTY, TEXAS
a COOPERATIVE CORS RTIC NETWORK. O.R.W.C.T. - OFFICIAL RECORDS, WWIWAMSON COUNTY, TEXAS
a O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY, TEXAS
T
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A CPaY COMPANY
WACO KILLEEN DALLAS ROUND ROCK �� ¢ �
.......ro.,+.• ........ ..r..
TBPLS 10051701 1 Chisholm Trail,Suite 130,Round Rock.Texas 78681 I (512)248.0065 TBPE F-54 pANIEL M.FLARE...,. 7Y
.�.ps...............4............
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT �'t , 5004
•,; {7
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND p5s� ,y.•
[SURVEYS IN THE STATE OF TEXAS. THIS THE 19TH DAY OF APR
IL 2017. MY.♦.,.i.'k
U •\l'1M•t[I
�+ OCTOBER. 2014 �
N SURVEYED: APRIL, 2017
ANIS . FLAHERTY RPLS NO. 3 OF 3
....._......... 0PLAT N0. _, A-4864 - DRAFT ATE -Q4-19-2017 DRAWN BY ROB
w SCALE WORK ORDER N0. 22824
a Fl ,ELDBOOK/PG. 278 17 TAB A-4864
651- 0 2017 ALL RIGHTS RESERVED DIGITAL FILE 228248--PARCELS F/N I 22824-FN23
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EXHIBIT 11C1
Parcel 10
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 IA ROUND ROCK UNIVERSI"I'Y OAKS LIMITED PARTNERSHIP, an Illinois limited
partnership, 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 Gant, 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 0.566 acre (24,662 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 10)
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.
00387156 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,
Alining or drilling or purnping 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
prernises 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:
IA ROUND ROCK UNIVERSITY OAKS I..,IMITED PARTNERSHIP,
an Illinois limited partnership
By:
Printed Marne:
Its:
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
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 RETt1RN TO:
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ATTORNEYS AT LAW
309 L,asl \4ain Street.Round Rock.TX 78664-5246
11hor-c 5 j 2.25`;••88'7-Fax 512-255-n986
com
N,larch 22. 2019
IA Round Rock University Oaks Limited Partnership
c/o Christopher Oddo
Barron Adler Clough & Oddo, I..LP
808 Nueces Street
Austin, "Texas 78701
R e.
City of Round Rock—University Blvd. Improvement Project
Parcel 14PIJE/Oakmont roadway connection improvements
Dear Chris:
Please allow this letter to set out my understanding regarding our agreement for
the purchase of a public utility easement interest, and construction of an access roadway
connection, in and across a portion of the ]A Round Rock University Oaks Limited
Partnership ("Inland") property as part of the City of Round Rock's ("City") proposed
University Boulevard expansion project.
'Fhe pat-ties hefeby agree as follows:
I. In return for granting a public utility easement across approximately 0.0 10
acre, City will pay Inland the sum of $1,000. The form and location of the
easement granted to City will be as shown in Exhibit "A"attached hereto.
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The Closing and completion of this transaction shall take place at the
Pflugerville office of Independence Title ("Title Company") within 30 days after
full execution of this agreement, or- at other location, date and time agreed to
between the parties. City shall be responsible for all fees and costs associated with
Closing except that each party shall be responsible for any attorney's fees they
incur. If requested, Inland shall assist City and Title Company with any curative
measures or mortgage lien subordination required as a condition of the Closing.
This agreement is being made in lieu of condemnation by City.
C 1
2. As part of the construction of its proposed University Blvd. proJect the
City shall cause a public access roadway connection to be constructed between
Oakmont Drive and the property owned by Inland, in the location and according
L__
to the general plan and specifications as shown in Exhibit 1,13"attached hereto and
001120820.1)()c
incorporated herein. All costs, including construction and material expenses,
shall be borne by the City. All construction by the cit}'will include curb cuts.
By execution of this Agreement Inland specifically grants permission and allows
the City, its agents and construction contractors to temporarily access the Inland
property as necessary to carry out completion of the obligations of this paragraph.
During construction of'the University Boulevard and Oakmont connection drive
improvements, the City will not interfere with the ordinary use of` the .Inland
property, including keeping driveways, parking areas, turning lanes, and other
common areas free and clear, other than as temporarily required by the
engineering Traffic Control Flan as part of the University boulevard construction
design. 'Ffie rear drive shall remain open and unobstructed at all times, other than
as reasonably allowed by the rules and regulations of Texas law or the City's
Code of Ordinances concerning control of public streets and welfare of the City.
The City shall coordinate with utility providers to ensure that any impact to
Inland's utilities during construction is immediately repaired and restored, at no
cost to Inland. During construction no surface water shall be diverted onto
Inland's property frorn any offsite areas.
Inland shall have the right to review and comment on construction documents.
i. By approval and execution of this Agreement, City agrees to pen-nit and
allow Inland to install, after completion of the proposed Oakmont roadway
connection and at the sole cost of Inland, one monument sign to be located
between the Inland property and Oakmont Drive in proximity to the access
roadway connection, as depicted in Exhibit B. Inland shall apply for and obtain a
permit from the City for design and installation approval of the sign, and such
sign structure shall have the following specific limitations or design requirements:
(a) Unless otherwise agreed to by the City in writing or in this Agreement, the
criteria of the sign permitted herein shall meet the provisions of the City's
Cade of Ordinances. Sec. 3-85 and its successors for "Area identification and
entry, feature signs"existing at the time of permit application.
(b) The final location of the sign shall be determined by agreement between
Inland and City prior to issuance of a permit.
(c) If the sign referenced herein is to be located within City owned right of way
then the parties shall execute a license agreement prior to installation in the
form as set out in Exhibit"C"attached hereto and incorporated herein.
(d) Upon application by Inland, the City agrees to permit and allow Inland to
bring electricity and necessary electrical connections to the sign in accordance
with any standard design requirements or rules.
(e) The City shall not charge an application fee associated with the permitting of
the sign.
2
4. The City acknowledges that the Inland Property will lose approximately
fourteen (14)parking spaces as a result of the taking. By approval and execution
of this of this Agreement, the City agrees that the Inland property will
nevertheless remain in compliance with the parking requirements of the
ordinances and regulations of the City, and the City shall issue a separate
Administrative Adjustment letter in accordance with the applicable provisions of
the Code of Ordinances.
If this meets with your understanding please have this letter approved and
executed where indicated and return it to me, and we will in turn have this approved and
signed by the City and process this for payment as quickly as possible.
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
Very truly yours,
Don Childs
Sheets& Crossfield,P.C.
3
AGREED:
IA Round Rock University Oaks limited Partnership,
an Illinois limited partnership
By:IA Round Rock University Oaks GP,L.L.C.,a Delaware limited liability company,its general partner
By:InvenTrust Properties Corp.,a Maryland corporation,its sole member
By.
Name:
Its:
Date:
CITY OF ROUND ROCS.,TEXAS
By:
Name:
Its:
Date:
4