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Contract - Weingarten Realty Investors - 4/9/2020 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 11); 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(1 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"). 2 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 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.1)5 Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. Agricultural roll-back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to 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 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. 5 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 follows] 6 SELLER: WEINGARTEN REALTY INVESTORS, a Texas real estate investment trust F,�.ja/ MC egal By: Address: 2600 Citadel Plaza Dr Mark . Stout Houston, TX 77008 Sr. Vice President PURCHASER: CITY OF ROUND ROCK, TEXAS By: Address: 221 E. Main Street Craig M gan, or Round Rock, Texas 78664 Date: �• w 7 02-04-2020 Pagel of 4 EXHIBIT County: Williamson Parcel: 11 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 WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A(1.33 ACRES)AS DEPICTED ON THE FINAL PLAT OF RANDALL'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 i OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.231 ACRE (10,057 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 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 being an angle point in the westerly 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 being the 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 1 and said 14.801 acre tract, N 00009'00" 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 Gattis 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°19'39" VII, for a distance of 225.17 feet to an iron rod with b 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) 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, for a distance of 138.30 feet to a calculated angle point; 5) N 89°54'07" E, for a distance of 88.14 feet to an iron rod with plastic cap stamped "TERRA FIRMA" found, being the common northerly corner 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 00009'00" E, at a distance of 25.00 feet, pass an iron rod with aluminum cap stamped "ROW 4933" set 73.12 feet right of said proposed Gattis School Road Baseline Station 55+99.82, being an ell corner 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. I E 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 8.3. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That 1, 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 HADD AND SEAL at Round Rock, Williamson County, Texas. M. Stephen Trues ale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor ` Inland Geodetics, LLC 5'r Firm Registration No: 100591-00 ' 1504 Chisholm Trail Road, Suite 103 9013Gro.Y pii RV BOB+Sf'FMbS2»9n3tl d1$bF Round Rock, TX 78681 (U M 8I'IwP14EN TAU-,Q(,Al.f 466S�9f 4A 609+f»w»t3�FBPrl96'Q ARKS'fP ir 19'.33 N-'N FF� ilBkG»6`b S:1 RTGIGATTIS SCHOOL - WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 11-WEINGARTEN REALTY INVESTORSIPARCEL 11- WEINGARTEN REALTY-REV.doc EXHIBIT PLAT TO ACCOMPANY PARCEL DESCRIPTION 02/03/20 PAGE 3 OF 4 A. 1-101-DER 5URVFy 7- 2"W •�' NUMBER DIRECTION DISTANCE ABSTFACL 1 N01°48'08"W 19. 94, N L2 N01°48'08"W 25.00' L3 S00*09r 00"E 25.00' { -+!---ci d 'rl I xl d �1-•d <{T d d s! K1 'd'�� ;;_. -. L4 S00'09'00"E 42.63' "• L5 588° 15'24"W 14.88' 0 3O 60 OSTENSIBLE SURVEY LINE '?: �; (L5) (S88° 18'34"w) (1 4.87' ) 1'' 60' GATT I S SCHOOL ROAD L,: fR.O.W. WIDTH VARIESI Q. _�-- PROPOSED GATTIS�SCHOOL.ROAD BASELINE _.-- ----� 56+00 - 57+00 �- 554-00 +00 a CN88° 18_-3�1�'E� 13-8 34`'x) fN89`.55'�;Z:9E 88. 6'i)IY A4IVA --` °1 f - N89 54 0V'E 88. 1 4" �c�. it �Ca N88 17- 12 E-1-38. 30 EXISTING R.0 W. _ .._ o _..;.-1.1--.., •cr :i1---r � tl � :{- {-•xi• rl t{ i1 1 �cl r.+ °d r)-d1••-e1-._c{'-.. #�_d...;..�s._xj:...ci•--ri-"c1_.d._.a{ J CV i Ca`LIIDC t?tl, t01OO .C,J _ t j� f [li t. Nc7 Pomf{•i51 Z PER PLAT a€j c sam,em.sraaiarr nnrss '>A°°JJ�-�'— ,..� Lf P.Pt 4'1 l.. - _ STA. 55+99.82 _{ PROPOSED R.O.W. ' 73.12' RT STA 53+74,16 I ` S88° ' 5. 1 7` r7 n _ J_ �� ( I 1 9 39 W 22 STORM SEWER EASEMENT 70.81' RT I I 1 I P. 0. B. -..>j �`7'~ DIX. 1,10> 200?O9T74r3 STA. 53+74.20 0.231 AC. STA. 55+99.37 c�.P.7z +.c:r. 90.74' RT + I1057 Q., FT. 90.74' RT4 GRID COORDINATES: I �" N=10154276.49 I I (v l I I E-3140744.16 BLOCK "A' _ ai �,�I 1 tt IrY T41J GAS 1HE FAs ,. 1 1 LBOs. 40. 2t10-0211525 0.F;R..W.C.T, HICKERSON ROUND 1 L N ISI 1S' 000R ELOP. EASE. J ROCK LAND LP DOC. NO 200102,.210 WEINGARTEN REALTY a' 1� 0.P iVt.i;,I. Ln EXHIBIT A, I Ld I INVESTORS (1 4.801 AC. ) ,� i DOC. NO. 2003005122 DOC. N0, 2009058882 o� �I °"1 PER :ss, WILE -SLPS.33;,331 0.P.R.W.C.T. { P e( C,T. _ & CORRECTED IN 2009070070 LOT 2 ( Q Ico� E I LOT 1 #� 0.P.R.W.C.T. I (1.70 AC. ) �'� # I (1. 33 AC. ) I Ov I I # 0 O N �I FINAL PLAT OF RANDALL'S o�o cu C FINAL PLAT 'OF (o. I TOWN CENTRE Q0 ,� `� THE REPLAT OF LIOTS 2 zl 1 I BLOCK "A" SECTLON ONE --Iz f.»{C)t ,P AND 3, BLOCK I A CAB. W, SLIDE 330-331 RANDALL S TOWN f ! P,R,W,C. T. /\F CENTRE SECT IOM ONE I I I CAB. Y, SLIDE 97-98 1 I I Rq P.0. C. P.R.W.C.T. { I ( �lq (S89°55'29"W 3o�.so5+R9T.60 I LI5 , (S88° i8'34"tiv 1 19.81s 84. 49' ) (L!)�0orTS88- 15'24"W l 1 9,67' S89°50'40"W 84. 39' \ I 1 SG9�. i REPLAT OF RANDALL'S TOWN CENTRE \ \ I SECTION THREE \ LOT 3 i I DOC, NO. 2014005749 (6.35 AQ. ) 1 0.P.R.W.C. T. f ' I I ' LOT 1B I BLOCK "A" (9.292 AC. ) PARCEL PLAT SHOWING PROPERTY OF VPROFESSIONAL LANDu ODE` ICS .i WE I NGARTEN REALTY INVESTORS PARCEL /� LAND SURVEYORS 1 M R(,E L 11 SHOLM TRAIL RD.STE.103 �+ND ROCK,TX.78681 SCALE PROJECT COUNTY 38-1200,FAX(512)238-1251 FIRM REGISTRATION NO.100591-00 1" = 60' GA TT I S SCHOOL ROAD W I LL I AMSON S:\KRTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL )II-WEINGARTEN REALTY INVESTORS\PARCEL 11-WEINGARTEN REALTY CNVESTORS-REV.dgn EXHIBIT -A LEGEND PLAT TO ACCOMPANY PARCEL DESCRIP`T'ION 02/03/20 PAGE; 4 OF 4 0 %2" IRON ROD FOUND, UNLESS NOTED CENTER LINE UO IRON SET W/ PLASTIC CAP lit PROPERTY LINE STAMPED "INLAND-4933" ( > RECORD INFORMATION O IRON ROD FOUND W/PLASTIC �'— LINE BREAK ill DENOTES COMMON OWNERSHIP CAP, AS NOTED P.O. B. POINT OF BEGINNING © COTTON GIN SPINDLE FOUND P.O.C. POINT OF COMMENCING N.T. S. NOT TO SCALE O J2" IRON PIPE FOUND, UNLESS NOTED STMSE STORM SEWER EASEMENT X X CUT FOUND SSE SANITARY SEWER EASEMENT 0 MAG NAIL FOUND P. U. E. PUBLIC UTILITY EASEMENT • 60/D NAIL FOUND D.R.W.C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS A MAG NAIL SET O.R.W.C.T. OFFICIAL RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS Q IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "ROW-4933" SET P.R.W.C. T. PLAT RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS 1) ,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 Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF N0, 1920238-KFO, ISSUED BY CHICAGO TITLE INSURANCE COMPANY, EFFECTIVE DATE MAY 29, 2019, ISSUE DATE JUNE 7, 2019. 1. RESTRICTIVE COVENANTS: CABINET W, SLIDE 330, PLAT RECORDS, DOCUMENT NO. 2002091941, SUBJECT TO, DOCUMENT NO. 2002091942, DOES NOT AFFECT, DOCUMENT NO. 2003071653, DOCUMENT NO. 200413115, DOCUMENT NO.2004032061, SUBJECT TO, DOCUMENT NO. 2004036070, SUBJECT TO IF APPLICABLE, DOCUMENT NO. 200519780, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. I 10A, ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS, COVENANTS AND RESTRICTIONS AS FORTH IN PLAT PLAT RECORDED IN CABINET W, SLIDE 330, PLAT RECORDS OF WILLIAMSON 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. 1 C. WATERLINE, SANITARY SEWER AND STORM SEWER EASEMENT VARYING IN WIDTH ALONG THE WEST PROPERTY LINE AS SHOWN F ON THE PLAT AND DEDICATION SET OUT IN SCHEDULE A HEREOF, AFFECTS AS SHOWN. D. STORM SEWER DRAINAGE EASEMENT TO THE CITY OF ROUND ROCK, TEXAS, RECORDED IN 2003081829, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 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. G. GAS SUPPLY EASEMENT TO TXU GAS COMPANY RECORDED IN DOCUMENT NO. 2004028525, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. H. TERMS, CONDITIONS, AND STIPULATIONS IN THE POSSESSION AND USE AGREEMENT RECORDED IN 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 NO. 2003071653, DOCUMENT NO. 2004032061, AND DOCUMENT NO. 2005019780, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON 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. � b I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE ., BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY l 4 SHOWN HEREIN AS DETERMINED BY A SURVEY ADE ON THEg * �*" %" GROUN NDE Y D RECT SUPS ISION. ,s, x;0 'TF' ` -.�J�l�g''S.,.� � .rg�y'� e�aroneEer9pa9s.a9�F"pr•.aase�m��■ ! M. T a N', R SDA L E DATE M.STEPHEN TRU SDALE is�$9hDiB93Aaan9a iFtl.kR&W1d1�Bt9 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 "z-o 493 '"'� � ---ACRES- SQUARE FEET V' LICENSED STATE LAND SURVEYOR " G't0 � ACQUISITION 0.231 10 057 INLAND GEODETICS, LLC -,.'C- 8�,a�"P , FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 1.33 57,935 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK TEXAS 78681 REMAINDER AREA 1. 10 47,878 PARCEL PLAT SHOWING PROPERTY OF VPROFESSIONAL LANDu ODETICS .i WE I NGARTEN REALTY INVESTORS LAND SURVEYORS PARCEL 1 SHOLM TRAIL RD.STE.103 ND ROCK,TX.78681 SCALE PROJECT COUNTY 38-1240,FAX(512)238-1251 FIRM REGISTRATION N0.100591-00 piri" = 60' GATT I S SCHOOL ROAD WILLIAMSON S:\,tRTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 11-WEINGARTEN REALTY INVESTORS\PARCEL 11-WEINGARTEN REALTY INVESTORS-REV.dgn EXHIBIT "B" Parcel 1 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. 00441 194.DOC Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with,jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard to the public users thereof, it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of Gattis School Road. 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 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." 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 /-7'�)ay of ce,'eY4 , 2020. [signal-tire page follows] 2. GRANTOR: WEINGARTEN REALTY INVESTORS, a Texas real estate investment trust By: WMC je&Z-1. Legal Name: Mark D Stalls Its: Sr.Vice President/General Counsel ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF 6M.5 § This instrument was acknowledged before me on this the /7 qday of R4--'v4-5 2020 by Y,a k a �&q" , in the capacity and for the purposes and consideration recited therein. Y PPB� ALISON K. SPENCER Notary Public,State of Texas Notary Pu blic, of Texas -� Comm. Expires 01-19-2021 Notary ID 12517038-5 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. l a i z �• " i Y r -.pct• Ar •Y Weingarten u. 14 s a r • " y F _ ' , _ _ r .'a r- �� � `•�� ,�• J'(`f�:iyh^� �.rk-•,r�� l��"°ti�� y(t�'$' � __ r� , 1 Y y 1 ++1 jy1 r Aw • a r Y - ,,ate, �a_. �' _ ~<'*6"+ _+ - r - .• ',�-,. ...,,�� ' -�� Jam• • ■ GArris SCHOOL ROAD PHASE III- PARCEL 11 COMPENSATION SUMMARY VALUATION OF THE FEE ACQUISITION _ r.o.w.--0.231 ac. M ykl�✓': remainder--1.099 ac. �r 'C r r ie Y.'i tl PROPOSED ACQUISITION Red Paul Hornsby and Company 43 o�