R-2020-0089 - 4/9/2020 RESOLUTION NO. R-2020-0089
WHEREAS, the City of Round Rock ("City") desires to purchase a 0.231-acre parcel required
for construction of the Gattis School Road (Phase 3) Project (Parcel 11); and
WHEREAS, Weingarten Realty Investors, 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 Weingarten Realty Investors 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 April, 2020.
CRAIGORi6ock,
, Mayor
City of Round Texas
ATTEST:
SARA L. WHITE, City Clerk
01 12.20202;00442829
EXHIBIT
„A„
REAL ESTATE CONTRACT
Gattis School Road Ph. 3 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
WEINGARTEN REALTY INVESTORS, a Texas real estate investment trust, (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 0.231 acre (10,057 square foot) tract of land out of and situated
in the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more
fully described in Exhibit "A", attached hereto and incorporated herein (Parcel
LD;
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A"
not otherwise retained by Seller, for the consideration and upon and subject to the terms,
provisions,and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property, compensation for any improvements on the
Property, and for any damage or cost of cure for the reconfiguration of the remaining property of
Seller shall be the sum of ONE HUNDRED EIGHTY-TWO THOUSAND THREE HUNDRED
SIXTY-FIVE and 00/100 Dollars ($182,365.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
WEINGARTEN(]I)--contract for Gattis School 3 r.o.w.-Final.doc
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 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 received no written notice of any violation of any 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
April 30 2020, or at such earlier time, date, and place as Seller and Purchaser may agree upon.
(which date is herein referred to as the "Closing Date").
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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 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; and
(b) Deleted; and
(c) Any exceptions approved by Purchaser in writing.
(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, 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) Deleted
(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.
(5) GRANTEE ACKNOWLEDGES THAT GRANTEE HAS INDEPENDENTLY
AND PERSONALLY INSPECTED THE PROPERTY AND THAT GRANTEE HAS
ACQUIRED TITLE TO THE PROPERTY BASED UPON ITS ABILITY TO MAKE SUCH
EXAMINATION AND INSPECTION. AND EXCEPT AS OTHERWISE EXPRESSLY SET
FORTH IN THIS CONTRACT, IT IS UNDERSTOOD AND AGREED THAT SELLER HAS
NOT MADE AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN THOSE SPECIFICALLY
SET FORTH HEREIN), PHYSICAL OR ENVIRONMENTAL CONDITIONS, OR ANY
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OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY. BUYER
ACKNOWLEDGES AND AGREES THAT THE PROPERTY IS BEING SOLD AND BUYER
ACCEPTS THE SAME, "AS IS, WHERE IS, AND WITH ALL FAULTS."
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.
i (2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser.
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(3) All other closing costs shall be paid by Purchaser.
I (4) Attorney's fees paid by each respectively.
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ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to frilly 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
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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
amount of$500 as liquidated damages for any failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
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.
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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, but without disclosing the Purchase Price.
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 mail may be considered
effective as originals for purposes of this Contract.
[signature page folloivs]
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SELLER:
WEINGARTEN REALTY INVESTORS,
a Texas real estate investment trust
wmc
Legal By: Address:
2600 Citadel Plaza Dr
Mark 4lStout Houston, TX 77008
Sr. Vice President
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Craig Morgan, Mayor Round Rock, Texas 78664
Date:
7
02-04-2020
A-
County-.
Page 1 of 4
EXHIBIT Williamson
. Parcel: 19
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 11
DESCRIPTION OF A:0.231 ACRE(10,057 SQUARE FOOT)TRACT OF LAND SITUATED IN THE ASA.
THOMAS SURVEY;ABSTRACT NO. 609, IN WILLIAMSQN COUNTY, TEXAS, BEING A PORTION OF
LOT 1; BLOCK A(1.33 ACRES)AS,DEPICTED ON THE FINAL PLAT OF RANML'S TOWN CENTRE,
SECTION: ONE; A SUBDIVISION OF RECORD IN CABINET W SLIDE 330-331 OF THE. .PLAT'
RECORDS OF WILLIAMSON COUNTY, TEXAS AND`DESCRIBED IN SPECIAL WARRANTY DEED TO
WEINGARTEN. ,REALTY INVESTORS RECORDED IN DOCUMENT NO., 2003005122 OF THE
OFFICIAL PUBLIC RECORDS OF WI.LLIAMSON COUNTY, TEXAS, SAID 0.231 ACRE (.10,057
SQUARE FOOT) TRACT OF LAND BELNG MORE PARTICULARLY DESCRIBED BY'METES AND
BOUNDS.AS`FOLLOWS: I
I
COMMENCING ata 112" iron rod found 307:80 feet right of proposed Gattis School. Road Baseline
Station.55+93.60, being the southeasterly corner of said Lot 1,,same bein an le point in the Westerl
g an g. . , Y
boundary line of that called 14.801 acre tract of land'described in Warranty Deed (Exhibit A)to Hickerson
Round Rock Land, LP recorded in Document No, .2009058882 'and corrected, in. Document No.
2009070070 of the Official Public Records of.Williamson County, Texas,: also tieingthe northeasterly
corner'of Lot 18, Block A, Replat of Randall's Town Centre, Section Three recorded in.Document No.
2014005749;of-the Official Public Records of Williamson County, Texas;
THENCE,departing said Lot 1 B,with the common boundary line of said Lot I and said 14.801 acre tract,
N 00°09'00"°W .for a distance of 217.13 feet to an iron rod with aluminum cap stamped"ROW 4933"set
(Grid Coordinates determined as N=10154276:49, E=3140744:16 TxSPC Zone 4203), 90.74 feet.right of
proposed Gattis School Road Baseline Station 55+99.37, being an ell corner in the proposed southerly
Right-of.-Way(ROW) line of said Oattis School Road(ROW width varies), for the southeasterly corner and
POINT OF BEGINNING of the herein described.tract;
1) THENCE, departing said 14.801.acre boundary line, through the interior of said Lot 1, with said
proposed southerly ROW line, S 88°1939"'W, for a distance of 225.17 feet to an Iron rod with u
aluminum cap stamped "ROW 4933" set 90.74 feet .right of proposed Gattis School Road
Baseline Station 53+74.20, being in the westerly boundary line of said Lot 1, same being in the
easterly boundary line of Lot 2, Block A, The Replat of Lots 2 and 3, Block A, of Randall's Town
Centre, Section One, a subdivision of record in Cabinet Y, Slide 97-98 of the Plat Records of
Williamson County,Texas, for the southwesterly corner of the herein described tract; ='
2) THENCE, with the common boundary line of said Lot 1 and said Lot 2, N 01048'08" W, at a
distance of 19.94 feet to an iron rod with aluminum cap stamped"ROW 4933"set 70.81 feet right
of said proposed Gattis School Road Baseline Station 53+74.16, being an ell corner in said
proposed southerly ROW line; 3
3) THENCE, departing said proposed southerly ROW line, continuing with said common boundary
line, N 01048'08" W, for a distance of 25.00 feet to a calculated point in the existing southerly
boundary line of said Gattis School Road, being the common northerly corner of said Lot 1 and
said Lot 2, for the northwesterly corner of the herein described tract;
Page 2 of 4
THENCE, departing said Lot 2, with the northerly.boundary line of said Lot 1, in said existing southerly
ROW line, the following two(2)courses:
4) N 88°17'12"E,fora distance of 138.30.feet'to.a calculated angle point;
5) N 89°54107" E, for a distance of 8.8.1:4 feet to .an iron. rod with plastic cap stamped "TERRA
FIRMA" found, being the.common-northerly,c.orner:of said Lot 1 and said 14.801 acre tract, for
the northeasterly corner of the.herein described tract,
6) THENCE,departing said existing southerly ROW Line, with the common boundary line.of said Lot
1. and said 14.801 acre tract.S:00909'00" E, at a:distance.of 25:00 feet, pass an Iron rod with
aluminum cap stamped "ROW 4933" set 73.1.2.feet'right of said.proposed Gattis School Road.
Baseline Station 55+99.82, being an ell. cornet` in said proposed southerly ROW line, and
continuing with said common .boundary line and.said proposed southerly ROW line, for a total
distance.of.42.63.feet to the POINT OF.BEGINNING, containing 0.231 acre (10,057 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: l
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor; do hereby certify that the above i
description is.true and correct to the best of my knowledge and belief and that the property described i
herein was determined by a survey made on the ground under my direct supervision.
WITNESS MY H O AND SEAL at Round Rock, Williamson County, Texas.
iT
M. Stephen Trues ale Date
Registered Professional Land Surveyor No.4933IZ7'
Licensed State Land Surveyor £3F
Inland Geodetics, LLC
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Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103 ••N{4Fa{°6J<461 •7v°.a•d4h91 a
Round Rock,TX 78681 M.81'rf'!f Fig?i Flt)i S[?Al.(4
gealy 91!•f{♦i fw..4l{s.ea O°9i44 Ei'/
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S:1 RTGIGATTIS SCHOOL WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 11-WEINGARTEN REALTY INVESTORSWARCEL 11-
WEINGARTEN REALTY-REV.doc
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EXHIBIT
FLAT TO ACCOMPANY PARCEL DESCRIPTION 02/03/20
PAGE 3 OF 4
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A.A. �"���LD_rf�' � � � NUMBER D I RECT I ON DISTANCE—
ABSTRACT
I STANCE
/AB S TRAC;7 A10. Ll NO 1°48'08"W 19. 94'
L2 NO1°48'08"W 25.00'
L3 S00°09'00"E 25.00'
L4 S000 09'00"E 42.63'
L5 S880 15'24"W 1 4.88'
0 30 60 _ OSTENSIBLE SURVEY LINE! (L5) (5880 18'34"W.) (.1 4.87' )
GATT I S SCHOOL ROAD --
(R.O.W; WIDTH VARIES) o' -
r----'
PROPOSED .GATT LS SCROO.L.091P BASEL INE 1� 56*00 57 007'
(N8$° 1 �
___]3-8'-3 9' }9',5 5 t 9�E 88.
i-6'�
o � N88�°117, 12..E 1 36 30 N89°54''0.7''�E 88 1 4�Y t���'
.. � H EXISTING R:0.W.:
L...N 1 ._t-••.• ,_1,•..., s1 -uti d d L cl•1f d rl• rl'd r1 d'c} .d d r1..�i...J rl i d-v+ c(•..d,,.d...d d..d d -J...�.J-
STORM SEWER EASE --- -- I
Cv + 1o,7005 AC,1 pled
Y r nn[ No. 20.03o(ia9I? V PER PLAT !
094 HO,. 2003(38182n—
I—..:... — ——- _` • -N •. STA 55399:82
PROPOSED R:O:W. 73.12' RT
STA 53+T4,i 6 ( \ I { 588''19'39'W 225. 1 7' `�` ~~ I
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70.81' RT TORI! SEWER EASEMENT
U,0317.ACRF.
`� fr DO(.% No '200ZOJ7%ZQ
I I I I P. O. B. I` �. 0 P R;Vt.
Cp T,
STA. 53'374.20. I I 0.231 AC. STA, 55*99.37
90.74 RT a 1 110,057 SQ.. FT. 90:74' RT
GRID COORDINATES: I
N,10154276.49 I
{ 1 I E=3140744.1&
BLOCK "A" )- (D �-� IW:T<U.W4 L1�1c EASF,
1� 1 I 0M 14U. 2no'lo?(1R25
1 M i 1 O,P;H.Yl•1::T. f� rr)
HICKERSON ROUND
{-- � I�� 15' ONCOR:ELEC. EASE. I^ ROCK LAND, LP
T o I { Doc: I•lo, zoaaozlrlu WEINGARTEN REALTY �' �` EXHIBIT A
4,P.R,S't.C.T. in ,
I w 0) of I ( INVESTORS N N (14.801 AC.)
I I I I 35' ME, SSE B Sn1SE DOC. NO. 2003005122 � DOC. NO. 20Q9.058882
EY aEtl cAD: w: SLDS. 330-331 0.P.R.W.C.T. �
—r.�•1 O ——f- r,
NC,�,Yr,C,T, & CORRECTED .I N 2009070070
LOT 2 I °°� LNI { { LOT 1 M�0 0.P.R:.W.C.T..
(1.70 AC.) I (1.33 AC.)
1 � ) I 1 o Io ��f `/f Y
1 FINAL PLAT OF RANDALL S o0 o I�� J. F)0
FINAL PLAT OF o TOWN CENTRE
THE REPLAT OF LIOTS 2 ?{ I I ,� Iz -(+1� N0'
BLOCK A SECTION ONE c 1
AND 3, BLOCK.I A I I I CAB. W, SLIDE 330-33.1 �'" r� r P ;1
RANDALL'S TOWN I I
I ( P.R.W.C.T.
CENTRE SECTIO f� ONE I 1 I
CAB. Y, SLIDE P7-98' I { { { ,r4 I P.STA055.++93..6.0
P.R.W.C.T.I ( '% (S89°55'29"W 307.:.0' Rr
#5i (�88° 18'34"�y 1 19_81y 84.49')
(LIn S880 1 5'24"W 1 1 9.67' S89°50'40"W 84, 39'
—1` 0,
3
I G9`• REPLAT OF RANDALL'S TOWN CENTRE 1
{ I SECTION THREE
LOT 3I I DOC. NO. 2014005749 i
(6.35 ACI. ) { 0.P.R.W.C.T.
i
LOT 1B =
BLOCK "A"
I
(9,292 AC. ) i1
1 /
PARCEL PLAT SHOWING PROPERTY OF
I N LA N Du
GEODETICS _j WE I NGARTEN REALTY INVESTORS
" PROFESSIONAL LAND SURVEYORS PARCEL l 1
1504 CHISHOLM TRAIL RD.STE.103
j ROUND ROCK,TX.786131 SCALE PROJECT COUNTY
PN.(512)238-1200,FAX(512)238-1251
FIRM REGISTRATION NO.1005940 1" = 60' GATT I S SCHOOL ROAD W I LL I AMSON
S:\NRTO\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL Il-WEINGARTEN REALTY INVESTORS\PARCEL 11-WEINGARTEN REALTY INVESTORS-REV.dgn
EXHIBIT
LEGEND PLAT TO ACCOMPANY PARCEL DESCRIPTION 02/03/20.
PAGE-4 OF 4
• 1/2" IRON ROD FOUND, UNLESS NOTED 1 CENTER LINE
UO IRON SET W/ PLASTIC CAP It PROPERTY LINE
,, ( A )
STAMPED INLAND-4933 RECORD INFORMATION
O IRON ROD FOUND W/PLASTIC LINE BREAK..
Iv DENOTES COMMON OWNERSHIP
CAP, AS NOTED P.O.B. POINT OF BEGINNING
0 COTTON GIN SPINDLE FOUND P.O C. POINT -OF COMMENCING
N'. T.S. NOT TO SCALE
O l2" IRON PIPE FOUND, UNLESS NOTED STMSE STORM SEWER EASEMENT
X X CUT FOUND SSE SANITARY .SEWER. EASEMENT
0 MAG NAIL FOUND P.Us.E... PUBL I.0 UT I L I TY EASEMENT
A 60/0 NAIL FOUND D.R.W.C-. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
A MAG NAIL SET 0.R.W".C.T. OFFICIAL RECORDS
A CALCULATED POINT WILLIAMSON COUNTY, TEXAS
0.P.R.W..C, T. -OFFICIAL PUBLIC RECORDS"-
b. IRONROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS
STAMPED "ROW-4933" SET P.R.W.C. T. PLAT RECORDS
(UNLESS. NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS.
1) .A I.1, bear i rigs shown hereon are based on grid bearing. A1.1 d/"stances ,ore. surface: distances. Coordinates are
surface*Volues based on the Texas State Plane Coordinate System;: NAD- 83, Central 2oie'.
THE SURVEY. SHOWN HEREON WAS.PREPARED IN CONJUNCTION WITH.THAT COMMITMENT .FOR TITLE. INSURANCE.GF NO. 1920238-KFO,
IED SSUBY CHICAGO TITLE INSURANCE COMPANY, EFFECTIVE DATE MAY -29; 201%. ISSUE DATE.,JUNE 7' 2019.
1' RESTRICTIVE COVENANTS: CABINET W, SLIDE 330, PLAT. RECORDS, DOCUMENT NO. 20020919.41, SUBJEC.T. TO,.D000MENT N0. 1
2002091942, DOES. NOT.AFFECT; DOCUMENT NO. 2003071653, DOCUMENTN0. 200413115, DOCUMENT N0..200.4032061.,, SUBJECT
TO, DOCUMENT NO. 2004036070, SUBJECT TO IF APPLICABLE, DOCUMENT N.O.. 200519780, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
1OA.- ANY AND ALL. EASEMENTS, BUILDING LINES AND CONDITIONS, COVENANTS, ANb RESTRICTIONS AS SET FORTH IN PLAT
PLAT RECORDED IN CABINET W, SLIDE 330, .PLAT RECORDS OF W1LLIAMSON COUNTY,. TEXAS, SUBJECT TO.
B.. 25, FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE- AS SHOWN ON THE PLAT :AND DEDICATION SET OUT
IN SCHEDULE A HEREOF; AFFECTS AS SHOWN.
C. WATERLINE, SANITARY SEWER AND STORM SEWER EASEMENT VARYING IN WIbTH ALONG THE NEST PROPERTY LINE AS SHOWN 1
ON THE PLAT AND DEDICATION SET OUT IN SCHEDULE. A HEREOF, AFFECTS'. AS SHOWN. I
D. STORM.,SEWER DRAINAGE EASEMENT TO THE CITY OF ROUND ROCK, TEXAS, RECORDED IN 200.3081829; OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN:
I,.
E. STORM SEWER DRAINAGE EASEMENT TO THE CITY OF ROUND ROCK, TEXAS; RECORDED IN 2003084512, OF THE OFFICIAL
PUBLIC RECORDS.OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
F. ELECTRIC/COMMUNICATIONS EASEMENT TO ONCOR ELECTRIC. DELIVERY COMPANY RECORDED IN 2004023218,, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE.
k
G. GAS -SUPPLY EASEMENT TO TXU .GAS 'COMPANY RECORDED IN DOCUMENT NO'C 2004028525,. OF THE OFFICIAL PUBLIC RECORDS
OF WILL.IAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
' 1
H: TERMS, CONDITIONS; AND STIPULATIONS IN THE POSSESSION AND USE ,AGREEMENT RECORDED I'N DOCUMENT NO.
2001038661, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
I. TERMS, CONDITIONS, AND STIPULATIONS IN THE DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS°
AFFECTING LAND RECORDED IN DOCUMENT NO. 2002091941, AMENDED IN DOCUMENT N0. 200307.1653, .DOCUMENT NO.
2004032061, AND DOCUMENT NO. 2005019780, OF THE OFFICIAL PUBLIC RECORDS OF WILLIA.MSON COUNTY, TEXAS,
SUBJECT TO.
J. TERMS,. CONDITIONS, AND STIPULATIONS IN THE AMENDED AND RESTATED EASEMENT, .CONSTRUCTION AND MAINTENANCE
AGREEMENT RECORDED IN DOCUMENT NO. 2003005125, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SUBJECT TO.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE 4
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY _ OF
SHOWN HEREIN JAS DETERMINED BY A SURVEY ADE ON THE ��A'�tiy,acaaoaaa�(t`'.
GROUNNDE Y D RECT SUP�R-VISION. ,Oa°°tip'
V
ofs{a Fe oto It A#.aM,STEPHEN TAVSDAI E
AVsri.le•91/'ca
M. T R4 SDALE V DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 .��• 49 `') �16 AC _9W_ARE_FET
LICENSED STATE LAND SURVEYOR ��� ,t��;,( a ACQUISITION 0.231 10,057
INLAND GEODETICS, LLC �jj r,3s 1,
tttt� viae{a r /
FIRM REGISTRATION N0. 100591-00 ,. CALC/DEED AREA 1.33 57,935
1 504 CH I SHOLM TRAIL ROAD, SUITE 103 " :tri , REMAINDER AREA '
ROUND ROCK TEXAS 78681 _v.. 1. 10 47,878
PARCEL PLAT SHOWING PROPERTY OF
VPROFESSIONAL
LA N Du
DETICS 1 WE I NGARTEN REALTY INVESTORS
LAND SURVEYORS PARCEL 11
HOLM TRAIL RD.STE.103D ROCK,Tx.78GB1 SCALEPROJECT COUNTY
8-1200,FAX(512)238-1251
FIRM REGISTRATION NO.100591-00 1" = 60' GATT I S SCHOOL ROAD WILLIAMSON
S:\MRTG\CATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL I1-WEINGARTEN REALTY INVESTORS\PARCEL 11-WEINGARTEII REALTY INVESTORS-REV,4gn
EXHIBIT "B"
Parcel i 1
DEED
Gattis School Road Ph. 3 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 WEINGARTEN REALTY INVESTORS, a Texas real estate investment trust, 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 0.231 acre (10,057 square foot) tract of land out of and situated in the
Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more fully
described in Exhibit"A", attached hereto and incorporated herein Parcel 11
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.
0044 1194.noc
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.
IT IS UNDERSTOOD AND AGREED THAT SELLER HAS NOT MADE, AND HEREBY
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY FIND OR.
CHARACTER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY INCLUDING,
.BUT NOT LIMITED TO WARRAN'T'IES OR REPRESENTATIONS AS TO MATTERS OF TITLE
(OTHER TI-IAN THOSE SPECIFICALLY SET FORTH HEREIN) PHYSICAL OR
ENVIRONMENTAL, CONDITIONS OR ANY OTHER MATTER O.R. THING RELATING TO OR
AFFECTING THE PROPERTY. BUYER ACKNOWLEDGES AND AGREES TIIA'T THE
.PROPERTY IS BEING SOLD AND BUYER. ACCEPTS THE SAME "AS IS WHERE IS, AND
WITH ALL FAULTS."
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 Tinto City of Round Rock, Texas and its assigns against every person
whomsoever lawfully claiming or to claim. the same or any part thereof'.
'I"his deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the17 ' day of
2020.
1SIgl7atui'L J7(.tge followsl
2}
GRANTOR:
WEINGARTEN REALTY INVESTORS,
a Texas real estate investment trust
WMC
Legal
Name;:
Mark, D Stat it
Its: Sr.Vice President/General Counsel
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF -r"l5S S
TIiis instrument was acknowledged before me on this the /7 day of •' � ,
2020 by '° Kc in the capacity and for the purposes and consideration
recited therein.
uur
ALISON K. SPENCER
Notary Public, state of Notary Public, of Texas
texas
Comm. Expires 01 19-2021
Notary ID 12517038-5
11 111 �Mqrjmmjqjwpd� —
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 Clerk
221 Main Street
Round Rock,Texas 78664
AFTER. RECORDING RETURN TO:
3.