Contract - Babb Investments, LLC - 4/23/2020 REAL ESTATE CONTRACT
Gattis School Road Ph. 3 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between BABB
INVESTMENTS, L.L.C., a Utah limited liability company, (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 0.121 acre (5,271 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
14);
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 NINETY-SEVEN THOUSAND SEVEN HUNDRED SEVENTY and
00/100 Dollars ($97,770.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
00443363.DOC
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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.
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 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
May 31, 2020, 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").
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;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; 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) 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.
3
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,
however, Seller shall otherwise be responsible for all ad valorem taxes to the date of deeded
ownership transfer. 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 as incurred.
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 performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
4
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States snail, 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.
Time of Essence
8.06. Time is of the essence in this Contract.
5
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
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:
BABB INVESTMENTS, L.L.C.,
a Utah limited liability company
By: Address: 9424 South 300 West
Name: Matthew G. Cooper Sandy, UT 84070
Its: Challenger School Foundation, Manager
By Matthew G. Cooper, Its Secretary
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Craig Mor an, M r Round Rock, Texas 78664
Date: -L510Zy
7
02-28-2019
Page 1 of 4
EXH1BtT ` i
County: Williamson
Parcel: 14
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 14
DESCRIPTION OF A 0.121 ACRE (5,271 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
(3.017 ACRE) OF FINAL PLAT RANDALL'S TOWN CENTRE SECTION SIX, A SUBDIVISION OF RECORD IN
DOCUMENT NO, 2011051435 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
DESCRIBED IN SPECIAL WARRANTY DEED TO BABB INVESTMENTS, L.L.C. RECORDED IN DOCUMENT NO.
2011053307 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS, SAID 0.121 ACRE(5,271
SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at an iron rod with plastic cap stamped "TERRA-FIRMA"found 181.86 feet right of proposed Gattis
School Road Baseline Station 65+38.28, being a point of curvature to the left in the westerly boundary line of said Lot
1, same being in the existing easterly Right-of-Way(ROW)line of Joyce Lane(ROW width varies);
THENCE, with the common boundary line of said Lot 1 and said existing easterly ROW line, along said curve to the
left having a delta angle of 10°07'31", a radius of 430.00 feet, an arc length of 75.99 feet and a chord which bears
N 06°12'26" E, for a distance of 75.89 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid
Coordinates determined as N=10154288.26, E=3141693.43 TxSPC Zone 4203), 106.68 feet right of proposed Gattis
School Road Baseline Station 65+48.68, being in the proposed southerly right-of-way (ROW) line of Gattis School
Road, (ROW width varies),for the southwesterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE, departing said proposed ROW line, continuing with the curving common boundary line of said Lot
1 and said existing ROW line, along said curve to the left, having a delta angle of 03°12'49", a radius of
430.00 feet,an arc length of 24.12 feet and a chord which bears N 00°27'45"W,for a distance of 24.12 feet
to an iron rod with plastic cap stamped"G&R SURVEYING"found,for a point of non-tangency;
2) THENCE, continuing with said common boundary line and ROW line, N 01032'54" W, for a distance of
15.86 feet to a 1/2 inch iron rod found leaning at the point of beginning of a non-tangent curve to the right
transitioning from said existing easterly ROW line of Joyce Lane to the existing southerly ROW line of Gattis
School Road(ROW width varies),for the northwesterly corner of the herein described tract;
3) THENCE, along said curve to the right, having a delta angle of 89°53'18", a radius of 15.00 feet, an arc
length of 23.55 feet and a chord which bears N 43010'36" E, for a distance of 21.21 feet
to an iron rod with plastic cap stamped "G&R SURVEYING" found, for a point of non-tangency in said
existing southerly ROW line of Gattis School Road;
4) THENCE, with said existing southerly ROW line, same being the northerly boundary line of said Lot 1,
N 87057'03" E, for a distance of 145.55 feet to a concrete monument with a brass disk found, being an
angle point in said existing southerly ROW line, same being the northeasterly corner of said Lot 1, being in
the westerly boundary line of that called 4.769 acre tract of land described in General Warranty Deed to
Challenger School Foundation recorded in Document No. 2015019937 of the Official Public Records of
Williamson County, Texas, for the northeasterly corner of the herein described tract, and from which, a 3/8"
iron rod found, being the northwesterly corner of said 4.769 acre tract, same being an angle point in said
existing southerly ROW line bears, with the common existing ROW line and the westerly boundary line of
said 4.769 acre tract, N 21°05'42"W,at a distance of 39.37 feet;
Page 2 of 4
5) THENCE, departing said existing southerly ROW line, with the common boundary line of said 4.769 acre
tract and said Lot 1, S 21'00'33" E, for a distance of 32.23 feet to an iron rod with aluminum cap stamped
"ROW 4933" set, 81.19 feet right of proposed Gattis School Road Baseline Station 67+19.88 in said
proposed southerly ROW line of Gattis School Road, for the southeasterly corner of the herein described
tract, and from which, an iron rod with plastic cap stamped"SAM INC"found, being the southeasterly corner
of said Lot 1, same being an angle point in said westerly boundary line of the 4.769 acre tract,also being the
common corner of Lot 7 and Lot 8, Block D of the Final Plat of Enclave At Town Centre, Phase I recorded in
Cabinet Z, Slide 30-31 of the Plat Records of Williamson County, Texas bears, S 21'00'33"E, at a distance
of 470.04 feet;
THENCE,departing said 4.769 acre tract,through the interior of said Lot 1,with said proposed southerly ROW line,
the following two(2)courses:
6) S 88°07'39" W, for a distance of 146.21 feet to an iron rod with aluminum cap stamped "ROW 4933" set,
81.65 feet right of proposed Gattis School Road Baseline Station 65+74.19,for an angle point;
7) S 43°51'54" W, for a distance of 35.75 feet to the POINT OF BEGINNING, containing 0.121 acre (5,271
square feet)of land, more or less;
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description
is true and correct to the best of my knowledge and belief and that the property described herein was determined by
a survey made on the ground under my direct supervision.
WITNESS MAHA .DA ND SEAL at Round Rock,Williamson County,Texas.
M. Stephen Truesd le Date ,
Registered Professional Land Surveyor No.4933 OF
Licensed State Land Surveyor ....e.
h �.�srF�
Inland Geodetics, LLC A A0 0
Firm Registration No: 100591-00 ' 4
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1504 Chisholm Trail Road, Suite 103 .......
Round Rock,TX 78681 M.STERIEN IRUESDALE
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S:1 RTGIGATTIS SCHOOL-WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 14-BABB INVESTMENTS,L.L.C.IPARCEL 14-BABB INVEST.doc
EXHIBIT ",&"
PLAT TO ACCOMPANY PARCEL DESCRIPTION 02/28/19
PAGE 3 OF 4
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
C1 100 07'31 " 430.00' 75.99' 75. 89' N0601 2'26"E
N (C2) (430.00' ) (100. 14' ) (99.911 ) (N04°31'51 "E)
C3 030 12'49" 430.00' 24. 12' 24. 12' N00027'45"W
C4 890 53' 18" 15.00, 23.55' 21. 21 ' N43' 10'36"E
(C4) (15.00' ) (23. 44' ) (21. 13' ' ) (N43009'31 "E)
0 30 60 �
GATTIS SCHOOL ROAD
1" = 60' (R.O.W. WIDTH VARIES) ?�
66+00
�!ROP01=D GAT7IS�5 HOOL ROAD BASEIrINE 67+pp,''L 68+00
--- "f�tll-
Sj
65+00 r r
. ,
r d..-d d d d d d :
j4A-d-•-d--4J•--d--•dti;d-ld-•.d.-.d...�j..•d•--dd..�-•-d--- 4; , 3fe° 145. 67' ) �I ad"
"cp. ( N87°507'03E 145.55' V cc )otis�
Gp . X NG
• 9 {
30' 1.A31DSCAPEEASEa.!EPlT 1l \ 10' PUE & SIDEWALK
• i (a� Imo^ " PER PUD U5E �21 L- \— — EASEb'ENT PER PLAT
f DOC. Mo. 2002035296 �(
I' W w F�JJ
PROPOSED 0.P.R.t't.C.T. _-
_._:, e : • 1 588°07'39"W 146. 21 '
a �� �
Jx #'G'M I - ---- - - - -- — — - - - \ -\ STA. 67+19.88
p I I r U 81.19' RT
Lu# I' STA. 65+74.19 14 \
U I1; r 81.65' RT n\
1
U), O� d II I �.---- _ 5,271 2SQACFT. \ r
\ �
I ~� \N\ CHALLENGER SCHOOL
!i I P.0. B. 15' WASTEWATERLINE EASEMENT �
STA. 65+48.68 DOC. 1,10. 2013044405 \r, FOUNDATION
106.68' RT o.P.R.1'J.c.T. V-A (4.769 AC. )
j GRID COORDINATES: DOC. NO. 201501 9937
\ w N=10154288.26 \ \ 0.P.R.W.C. T.
! / E=3141693.43 \.T�
�)w • o°
JJ + J BLOCK }A" \ �
P.0. (3.O1 7 AC. ) o\ `
;p STA. 65+38.28 \ °
181.86' RT \
BABB INVESTMENTS, L.L.C. o\LA
DOC. NO. 2011053307 1J \Cn\
law J J O.P.R.W.C. T.
t \
FINAL PLAT OF \0A
RANDALL'S TOWN CENTRE
2a L PERscPUD;5A69ET.!. SECTION SIX \
DOC. 1,10. 20020352911 DOC. N0. 201 1051 435 \
l r J J 0.P.R.;r.C.T. \
10' PUE & SIDEWALK
[EASFf-1F1,1T PER PLAT \ \
NUMBER DIRECTION D I STANCE /15A THOMAS Ur?V Ey
L1 N01°32'54"W 15. 86' ABSTRACT NO, E'� \
(L1 ) (N01°36'04"W) (16.00' ) \
L2 N21°05'42"W 39. 37' \
(L2) (N210 20'38"W) (39.31 ' ) _� " •
FINAL PLAT OF ENCLAVE -sAM-tNc
L3 S21°00'33"E 32.23' AT TOWN CENTRE �c.
PHASE I LOT 7 /
L4 S43'51'54"W 35. 75' CAB. Z, SLIDE 30-31 LOT 8
P.R.W.C.T.
hL
PARCEL PLAT SHOWING PROPERTY OF
I-Wr
LAND
QDETICS BABE INVESTMENTS, L. L. C. PARCEL 14
IONAL LAND SURVEYORSSHOLM TRAIL RD.STE.103
ND ROCK,TX.78681 SCALE PROJECT COUNTY
38-1200,FAX(512)238-1251
FIRM REGISTRATION NO.100591-00 1" = 60' GATTIS SCHOOL ROAD WILL IAMSON
S:\*RTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 14-BABB INVESTMENTS\PARCEL 14-BABB INVESTMENTS-REV.dgn
EXHIBIT "A..
PLAT TO ACCOMPANY PARCEL DESCRIPTION 02/28/19
PAGE 4 OF 4
LEGEND
91 BRASS DISK IN CONCRETE FOUND
• �/2" IRON ROD FOUND, UNLESS NOTED CENTER LINE
Oo IRON SET W/ PLASTIC CAP R PROPERTY LINE
STAMPED "INLAND-4933" ( �) RECORD INFORMATION
O IRON ROD FOUND W/PLASTIC -Y- LINE BREAK
N DENOTES COMMON OWNERSHIP
CAP, AS NOTED P.O. B. POINT OF BEGINNING
4 COTTON GIN SPINDLE FOUND P.O. C. POINT OF COMMENCING
N. T. S. NOT TO SCALE
CO I/2" IRON PIPE FOUND, UNLESS NOTED STMSE STORM SEWER EASEMENT
X X CUT FOUND SSE SANITARY SEWER EASEMENT
® MAG NAIL FOUND P.U.E. PUBLIC UTILITY EASEMENT
60/D NAIL FOUND D.R.W. C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
® MAG NAIL SET 0. R.W.C. T. OFFICIAL RECORDS
CALCULATED POINT WILLIAMSON COUNTY, TEXAS
0.P.R.W. C. T. OFFICIAL PUBLIC RECORDS
0 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 tate Plane Coordinate System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1920239-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 28, 2019, ISSUE DATE JUNE 6, 2019.
1. RESTRICTIVE COVENANTS: DOCUMENT NO. 2011051435, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SUBJECT TO.
10G. ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS, COVENANTS AND RESTRICTIONS AS SET FORTH IN PLAT
RECORDED IN DOC. NO. 2011051435, OF THE OFFICIAL PUBLIC RECORDS OF WILLIMASON COUNTY, SUBJECT TO.
H. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN ORDINANCE RECORDED IN DOCUMENT. NO. 2002035296, AND
AS AMENDED IN DOCUMENT NO. 2002053541, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES
NOT AFFECT.
I. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN DRAINAGE CONSTRUCTION/MAINTENANCE AGREEMENT RECORDED
IN DOCUMENT. NO. 2002091945, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
J. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN DECLARATION OF DRAINAGE EASEMENT AND DETENTION POND
MAINTENANCE RECORDED IN DOCUMENT NO. 2005045959, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, DOES NOT AFFECT.
K. ADMINISTRATIVE AMENDMENTS TO PUD 56 RECORDED IN DOCUMENT NO(S). 2005077702, 2005085691, 2010063776, AND
2013097326, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DO NOT AFFECT.
L. TERMS, CONDITIONS AND STIPULATIONS OF THOSE CERTAIN DECLARATION OF DRAINAGE EASEMENT AND DETENTION POND
MAINTENANCE RECORDED IN DOCUMENT NO(S). 2009058884 AND 2011053308, OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, DO NOT AFFECT.
M. EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2013044404, OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
N. EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2013044405, OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE ,� ��OF
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY �.,•OtS 7��•,'
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDER Y DIRECT SUPERVISION. //''"" !A, '
M.STEPHEN-MUESDw.E
OOH .«.;..x..•,..493 „,.., ..
A -1-A _,j2,1 Ca r_zK.A Rt`
M. STEPHEN T ESDALE DATE � ::wSS ot/10 S �
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ...... A E FEET
LICENSED STATE LAND SURVEYOR �U ACQUISITION 0. 121 5,271
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 3.017 131,421
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681 REMAINDER AREA 2.896 126y149
PARCEL PLAT SHOWING PROPERTY OF
14 V1504
LA N D liL
ODETICS BABB I NVESTMENTS9 L. L. C. PARCEL 14
IONAL LAND SURVEYORS
SHOLM TRAIL RD.STE.103
ND ROCK,TX.78681 SCALE PROJECT COUNTY
38-1200,FAX(5 12)238-1251
FIRM REGISTRATION NO.100591-00 Pr 1 = 60' GATT IS SCHOOL ROAD WILLIAMSON
S:\*RTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 14-BABB INVESTMENTS\PARCEL 14-BABB INVESTMENTS-REV.dgn
EXHIBIT "B"
Parcel 14
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 BABB INVESTMENTS, L.L.C., a Utah limited liability company, 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 0.121 acre (5,271 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 14
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.
00440212.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.
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 6th day of April ,
2020.
[signature page follows]
2.
GRANTOR:
BABB INVESTMENTS, L.L.C.,
a Utah limited liability company
By:
Name: Matthew G. Cooper
Its: Challenger School Foundation, Manager
Matthew G. Cooper, Its Secretary
ACKNOWLEDGMENT
STATE OF UTAH §
COUNTY OF SALT LAKE §
This instrument was acknowledged before me on this the 6th day of April ,
2020 by Matthew G. Cooper in the capacity and for the purposes and consideration
recited therein.
Notary ublic, State of Utah
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C. ��ti°fry JODEE ESPLIN.
309 East Main M o NOTA RYPUBUC•STATEOFUTAH
r .
Round Rock Texas 78664 w�_ ,, cor,MISSION#693782
' COMM. EXR 03-12-2021
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.