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CM-2020-168 - 6/19/2020REAL ESTATE CONTRACT Gattis School Road Ph. 3 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between HICKERSON ROUND ROCK LAND, LP, (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 Subject to the terms and conditions set forth in this Contract, in consideration of the construction, improvement and/or widening of Gattis School Road by Purchaser, 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 0.039 acre (1,684 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 5 ; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller, if any, in and to (i) adjacent streets, alleys or rights -of -way, and (ii) any improvements and fixtures owned by Seller and situated on and attached to the property (all of such real property, rights, and appurtenances being collectively referred to in this Contract as the "Property"). Grantor reserves from the term "Property" all of the oil, gas and other minerals in and under the Land but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, reining 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 Land and upon the condition that none of such operations shall be conducted so near the surface of said Land as to materially and adversely interfere with the intended use thereof or in any way materially and adversely 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. The foregoing mineral reservation and surface waiver will be set forth in the Deed. ARTICLE II PURCHASE PRICE Purchase Price and Escrow Deposit 2.01 The "Purchase Price" for the Property, and for any damages or cost of cure for the remaining property of Seller, shall be the sum of TWENTY-THREE THOUSAND ONE HUNDRED NINETY-ONE and 00/100 Dollars ($23,191.00). 2.02 Within ten (10) business days following the Effective Date, the Purchaser shall deposit with the Title Company (defined below) sum of FIVE HUNDRED and 00/100 Dollars ($500.00) as earnest money (the "Escrow Deposit"). A portion of the Escrow Deposit (the "Independent Consideration") in the amount of $100.00 shall be non-refundable and shall be distributed to Seller upon any termination of this Contract as full payment and independent consideration for SeIler's performance under this Contract and for the rights granted to Purchaser hereunder. The Escrow Deposit will be applied to the Purchase Price at Closing. Payment of Purchase Price REAL ESTATE CONTRACT —PAGE 1 2.02 The Purchase Price shall be payable in cash or wired funds at the Closing. 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 conditions set forth in Section 3.02 of this Contract (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 DISCLAIMER 4.01 IT IS UNDERSTOOD AND AGREED THAT EXCEPT FOR THE WARRANTY OF TITLE CONTAINED IN THE DEED (AS DEFINED IN THIS AGREEMENT), (A) THE PROPERTY IS SOLD BY SELLER AND PURCHASED AND ACCEPTED BY PURCHASER ON AN "AS IS," `WHERE IS" AND "WITH ALL FAULTS" BASIS, SUBJECT TO ANY CONDITION WHICH MAY EXIST, AND WITHOUT THE EXISTENCE OF AND WITHOUT RELIANCE UPON ANY REPRESENTATION, WARRANTY, AGREEMENT, OR STATEMENT BY SELLER, OR ANYONE ACTING ON BEHALF OF SELLER INCLUDING, WITHOUT LIMITATION, ANY BROKER, ARCHITECT, ATTORNEY, EMPLOYEE, CONTRACTOR, OR CONSULTANT; (B) PURCHASER HAS OR WILL HAVE, PRIOR TO THE CLOSING THOROUGHLY INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY PURCHASER IN ORDER TO ENABLE PURCHASER TO EVALUATE THE PURCHASE OF THE PROPERTY ON THE FOREGOING BASIS; (C) PURCHASER IS RELYING SOLELY UPON SUCH INSPECTIONS, EXAMINATION, AND EVALUATION OF THE PROPERTY BY PURCHASER IN PURCHASING THE PROPERTY ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, WARRANTY, AGREEMENT OR STATEMENT BY SELLER OR ANYONE ACTING ON BEHALF OF SELLER, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, OTHER THAN THE WARRANTY OF TITLE CONTAINED IN THE DEED; AND (D) TO THE EXTENT ALLOWED BY LAW PURCHASER RELEASES SELLER OF AND FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, DAMAGES, COSTS OR EXPENSES WHICH MIGHT ARISE OUT OF OR IN CONNECTION WITH THE CONDITION OF THE PROPERTY, CLAIMS BASED ON THEORIES OF STRICT LIABILITY, AND CLAIMS FOR CONTRIBUTION BASED ON STATUTES, REGULATIONS OR OTHERWISE. THE PURCHASE PRICE AND OTHER TERMS OF THIS AGREEMENT ARE BASED, IN PART, ON THE PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING OR ANY TERMINATION OF THIS CONTRACT. ARTICLE V CLOSING Closing Date 5.01 The CIosing shall be held at the office of Independence Title Company (the "Title Company"), address: 203 W. Main Street, Suite A, Pflugerville, Texas 78660, Attn: Julia Bechara, Phone: 512.990.8050, REAL ESTATE CONTRACT — PAGE 2 Email: jbechara@independencetitle.com on or before July 31, 2020, or at such earlier time, date, and place as Seller and Purchaser may mutually agree in writing (which date is herein referred to as the "Closing Date"). Seller's Obligations at Closing 5.02 At the Closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Right of Way Deed ("Deed") conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all monetary liens arising by, through or under Seller, but subject to the following ("Permitted Exceptions"): (a) General real estate taxes and assessments for the year of closing and subsequent years not yet due and payable; (b) The standard printed exceptions contained in the usual form of Texas Owner's Title Policy; (c) Visible and apparent easements not appearing of record; (d) Any discrepancies, conflicts, or shortages in area or boundary Iines or any encroachments or any overlapping of improvements which a current survey would show; (d) Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other encumbrances 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 the time of Closing, and (e) Any exceptions created by or 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, if any, in and to the Property subject only to the Permitted Exceptions, provided, however, at Purchaser's sole cost and to the extent available at the time of Closing: (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: REAL ESTATE CONTRACT —PAGE 3 (a) Wire funds in the amount of the Purchase Price, due credit being given for the Escrow Deposit, and subject to adjustments based on prorations. Prorations 5.04 General real estate taxes and assessments for the tax year during which Closing occurs relating to the Property shall be prorated as of the Closing Date based on the assessment of taxes for the year of Closing and shall be adjusted in cash at the Closing. If the ad valorem taxes or assessments applicable to the Property for the tax year during which the Closing occurs are not available, for any reason, the apportionment between Seller and Purchaser shall be estimated based upon the most recent ad valorem tax rates and/or assessments, but shall otherwise be the continuing obligation of the Seller to satisfy. Agricultural roll -back taxes, if any, which directly result from the completion of this transaction and conveyance (by exemption or otherwise) shall be paid by Purchaser. The provisions of this Section shall survive CIosing. Closing Costs 5.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid by Purchaser, including without limitation the following: (1) Owner's Title Policy, endorsements to the Title Policy, and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) The Title Company escrow fees. (4) The cost to record the deed and any other recording fees. (5) All other closing costs shall be paid by Purchaser. The Seller and Purchaser shall pay their own respective attorneys' fees. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to consummate the Closing of this Contract for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of Seller's obligations under this Contract; or (2) terminate this Contract by delivering written notice to Seller, in which event the Independent Consideration shall be paid to Seller and the remainder of the Escrow Deposit shall be returned by the Title Company to Purchaser, and the parties shall have no further obligations except for any that expressly survive termination of this Contract. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the Closing of the Contract, except for Seller's default, Seller shall have the right to terminate this Contract by written notice to Purchaser and the Title Company shall deliver the Escrow Deposit to Seller, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations unposed upon it by the terns 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. REAL ESTATE CONTRACT — PAGE 4 ARTICLE VIII MISCELLANEOUS Notice 8.01 Any notice required or permitted to be delivered hereunder shall be deemed received when sent (i) 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, or (ii) by email to the email address of Seller or Purchaser. 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; provided, however, Purchaser may not assign tlus Contract to any entity which does not possess the power of eminent domain without the written consent of Seller. 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. Entire Agreement 8.05 This Contract constitutes the entire agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter AND NO PROMISE, REPRESENTATION, WARRANTY OR COVENANT NOT INCLUDED IN THIS CONTRACT OR ANY SUCH REFERENCED EXHIBITS HAS BEEN OR IS RELIED UPON OR MADE BY EITHER PARTY. No modification or amendment of this Contract will be of any force or effect unless made in writing and executed by both Purchaser and Seller. Time of Essence 8.05 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 The parties shall not record tlus Contract or a memorandum of this Contract. Should Purchaser attempt to record any such document, said recordation or attempt at recordation will be a default by Purchaser and Seller will have the right to file a termination of said document in the real property records. REAL ESTATE CONTRACT —PAGE 5 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 and Calculation of Dates 8.10 This Contract shall be effective on the later of the dates signed by Seller and 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 (the "Effective Date"). Unless otherwise specified, in computing any period of time described in this Contract, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or Iegal holiday under the laws of the State of Texas, in which event the period will run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Unless otherwise expressly provided for in this Agreement, the time for performance of any obligation or taking any action under tlus Contract will be deemed to expire at 5:00 pan. on the last day of the applicable time period provided for in this Contract. All references to the time of day refer to Central Standard Time or Central Daylight Standard Time, as applicable on the given day. The tenn "business day" will mean any day upon which national banks in Dallas, Texas are open for business. 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. Limitation on Damages 9.11 In no event shall a party to this Contract or its legal representatives, successors or assigns be entitled to recover any punitive, consequential, speculative or any damages other than actual damages in connecting with any breach of tlus Contract, and all such damages other than actual damages are irrevocably waived. The right of each party, its legal representatives, successors or assigns to recover actual damages in connecting with any breach of this Contract is further subject to any limitation on the recovery of actual damages and any other limitation on remedies which is set forth in other provisions of this Contract. The provisions of this Section shall survive termination or Closing. Exculpated Parties 10.11 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS CONTRACT, NONE OF THE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, CONTRACTORS OR AGENTS OF SELLER, PURCHASER OR THEIR CONSTITUENT PARTIES NOR ANY OTHER PERSON, PARTNERSHIP, CORPORATION, COMPANY, OR TRUST, AS PRINCIPAL OF SELLER OR PURCHASER, WHETHER DISCLOSED OR UNDISCLOSED (COLLECTIVELY, THE "EXCULPATED PARTIES") WILL HAVE ANY PERSONAL OBLIGATION OR LIABILITY UNDER THIS AGREEMENT, AND NEITHER SELLER NOR PURCHASER WILL SEEK TO ASSERT ANY CLAIM OR ENFORCE ANY OF ITS RIGHTS UNDER THIS CONTRACT AGAINST ANY EXCULPATED PARTY. THE PROVISIONS OF THIS SECTION WILL SURVIVE THE TERMINATION OR THE CLOSING OF THIS CONTRACT. Notices to Purchaser REAL ESTATE CONTRACT — PAGE 6 12.11 Seller hereby notifies Purchaser that the Property is located in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, at the execution of this Agreement and at Closing, Purchaser will is required to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this Agreement, in the form attached hereto as Exhibit "C" ("Utility District Notice"). [signatta-e page follows] REAL ESTATE CONTRACT —PAGE 7 SELLER: HICKERSON ROUND ROCK LAND, LP, a Texas limited partnership By: Hickerson Round Rock Land GP, LLC, a Texas limited liability company, its General Partner By: PRA GP No. 2, Inc., a Texas corporation, its Manager By: Julian awes ., ice President Address: 10210 N. Centra ressway Dallas, Texas 75231 Email: ihawes(cuprovidentrealtv.net Date: 6 — I Z ^ 7 C�l With Copy To: Cherry Petersen Landry Albert LLP 8350 N. Central Expressway, Suite 1500 Dallas, Texas 75206 Attn: Stephanie Urano Email: suranoLewcp1alaw.com Phone: 214-265-9109 PURCHASER: CITY OF R UND ROCK, TEXAS fjrya^,�x �", ltyf�tSrf�• i Cr Date: ell ✓ REAL ESTATE CONTRACT -PAGE 8 Address: 221 E. Main Street Round Rock, Texas 78664 Email: Ihadley@roundrocktexas.gov EXHIBIT A LEGAL DESCRIPTION [Attaclied] REAL ESTATE CONTRACT EXHIBIT A - PAGE 1 01-21-2019 Page 1 of 6 EXHIBIT 1 1 County: Williamson Parcel: 5 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 5 DESCRIPTION OF A 0.039 ACRE (1,684 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO, 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 7.958 ACRE REMAINDER TRACT OF LAND (3Ro TRACT) DESCRIBED IN WARRANTY DEED 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, SAID 0.039 ACRE (1,684 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an X cut in concrete found 165.00 feet right of proposed Gattis School Road Baseline Station 38+64.83, being an angle point in the westerly boundary line of Lot 1, Block A, Final Plat of Provident Crossings, Section II, a subdivision of record in Cabinet FF, Slides 79-80 of the Plat Records of Williamson County, Texas, same being in the easterly boundary line of the remainder of said 7.958 acre tract; THENCE, with the common boundary line of the remainder of the 7.958 acre tract and said Lot 1, Block A, N 01 '40'28" W, for a distance of 82.99 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid Coordinates determined as N=10154248.53, E=3138999.06 TxSPC Zone 4203), 82.20 feet right of proposed Gattis School Road Baseline Station 38+59,18, being in the proposed southerly right-of-way (ROW) line of Gattis School Road, (ROW width varies), for the southeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said Lot 1, Providence Crossings, with said proposed ROW line, through the interior of the remainder of said 7.958 acre tract, along a curve to the right, having a delta angle of 01018'53", a radius of 3521.00 feet, an arc length of 80.79 feet and a chord which bears N 89°29'21" W, for a distance of 80.78 feet to an iron rod with aluminum cap stamped "ROW 4933" set 84.63 feet right of proposed Gattis School Road Baseline Station 37+78.43, being the easterly boundary line of Lot 1, Block A, Final Plat of Grace Presbyterian Church Addition, a subdivision of record In Cabinet X, Slides 23-24 of the Plat Records of Williamson County, Texas, same being the westerly boundary line of the remainder of said 7.958 acre tract, for the southwesterly corner of the herein described tract, and from which, a 1/2 inch iron rod found, being the northeasterly corner of Lot 8, Block A, Final Plat of Hillside Terrace, a subdivision of record in Cabinet Y, Slide 239, of the Plat Records of Williamson County, Texas, same being the southeasterly corner of said Lot 1, Block A of Presbyterian Church Addition, also being in the westerly boundary line of Lot 1, Block A, Final Plat of Provident Crossing Section 111, a subdivision of record in Document No. 2013031488 of the Official Public Records of Williamson County, Texas bears S 19'46'28" E, at a distance of 321.44 feet; 2) THENCE, with the common boundary fine of said Lot 1, Block A of Presbyterian Church Addition, and the remainder of said 7.958 acre tract, N 19°46'28" W, for a distance of 19.83 feet to a 1/2 inch iron rod with plastic cap stamped "SAM INC." found, being in the existing southerly ROW fine of Gattis School Road (ROW width varies), being the northeasterly corner of said Lot 1, Block A of Presbyterian Church Addition, same being the northwesterly corner of the remainder of said 7.958 acre tract, for the northwesterly corner of the herein described tract; Page 2 of 6 THENCE, departing said Lot 1, Presbyterian Church Addition, with said existing southerly ROW line, same being the northerly boundary line of the remainder of said 7.958 acre tract, the following two (2) courses: 3) Along a curve to the left, having a delta angle of 01025'46", a radius of 1444.39 feet, an arc length of 36.04 feet and a chord which bears N 89001102" E, for a distance of 36.04 feet to a calculated point of tangency; 4) N 88°18'30" E, for a distance of 50.86 feet to a MAG Nail with washer stamped "Chaparral" found, being the northwesterly corner of said Lot 1, Block A of Provident Crossing Section II, same being the northeasterly corner of the remainder of said 7.958 acre tract, for the northeasterly corner of the herein described tract; 5) THENCE, departing said existing southerly ROW line, with the common boundary line of said 7 958 acre remainder tract and said Lot 1, of Provident Crossing Section II, S 01°40'28" E, for a distance of 21.51 feet to the POINT OF BEGINNING, containing 0.039 acre (1,684 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 MYHAND AND SEAL at Round Rock, Williamson County, Texas. f M. Stephen Trud9dale ' Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 S 1 RTGiGATTIS SCHOOL - WINDY PARK TO RR RANCH ROIPARCELSIPARCEL S-HICKERSON ROUND ROCK LAND. LPIPARCEL 5-HICKERSON-RR-LAND.doc RAN PLAT TO ACCOMPANY PARCEL NUMBER DELTA RADIUS LENGTH CHORD 1 CHORD BEARING Cl 01 ° 18' 53" 1 3521.00' 80. 79' 80. 78' N89' 29' 21 "W C2 01 ° 25' 46 " 1444. 39' 36. 04' 36. 04' N89° 01 ' 02 "E (C2) (01° 25' 31 ") (1444. 39') (36.00') (35. 99') (N89° 01' I8"E) - HY�4rr�' II f ••P P.P auV�..�r�r - -------------------------------. ''__J'�`' OSTENSIBLE SURVEY LIRE _ PROPOSED GATTIS SCHOOLIROAD 8\ LINE �- - , I 37�00 �_— 38-'00� ��. 01/21/19 PAGE 3 OF 6 N 0 30 60 1" = 60, 39 I00 r 40.00 1� TERAS PO'iiER & OEOICA11011 01 R08 0. 35 nC. GATTIS SCHOOL R0A0 1. 1GH1 EASF.1J6111 O.74 ACRES EAl11BfT D' OI UCOICA"ED ROC. I:o, zoo7054522 n RDiTJPLAI (R.O.W. WID71i VARIES) VOL, 040, PG. 659 o.r.R,Iv.e.r. 0. R. T1. C. T. -- �__'-M1'_'`:-1;-;--.�'--- `SA-I.tHC"-__ �+ _'Y''.-2 ti o: -C2' . - - ° EXISTING R.O.W. ° \ / 10 - f 9 PROPOS D R.0 W. CI 'TA-. 38.59. 18 - --- •� i Z' � 82.20' RT � • LANDSCAPE STA. 37.78. 43 \ \ \ / f C) GRID COORDINATES: EASEEIETIT 84, 63' RT 5 / �� bo N• I0154248. 53 DOC. 110. 20050540002 N b E= 3138999. 06 0. P. R. a. C. T. 5' SOUIMESTERN DELL-�-\ \ 0.039 /C. tnlba TELEPILONE C011PANY 1,684 50. IT. ( a EASDIEIIi AGIIE£1:1£HT \ \ 1•��� uOC. Ti0I32011037355 LOT 1 o.P.R.L(.C,T. P�'*'—STA. BLOCK A LOT 1 \ \1 ` 1.260 AC. BLOCK A4.7958 AC.\\P.38 64.83 \LA\ 165.00' RT FINAL PLAT OF GRACE 6' PRESBYTERIAN CHURCH ADDITION o \t, 1 d. opyo\ CAB. X, SLIDE 23-24\ o� P. R. W. C. T. \ \ ti,CI p 0- \s"\ulo 0 0\ FINAL PLAT OF SU�t�� Y 9\� • o��J�o� PROVIDENT CROSSINGS, ASA i io��A� '6, \ �\• ocT�-so,�° SECTION 11 AQS I RAC; T No. 609 v 1^ 0 %per CAB. IF, SLIDE 79-80 NUMBER DIRECTION DISTANCE \ `\ FINAL PLAT OF \'' \ u HILLSIDE TERRACE \ \\gym FINAL PLAT OF CAB. Y, SLIDE 239 \ \�� a PROVIDENT CROSSINGS, P. R. W. C. T. 1 \ \.D BLOCK 1A DOC. SECTION 2013031488 0. P. R. W. C. T. 1 PARCEL PLAT SHOWING PROPERTY OF INLANDu GEODETICS .) H I CKERSON ROUND ROCK LAND, LP /�C PROFESSIONAL LAND SURVEYORS PARCEL ►• R C E L 5 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, Tx. 78681 SCALE PROJECT COUNTY PH. (512) 238-1200, FAX (SI2) 238-I2SI IN FIRM REGISTRATION NO.100591-00 1" = 60 GATTIS SCHOOL ROAD WILLIAMSON PLAT TO ACCOMPANY PARCEL DESCRIPTION 01 /21 i 19 PAGE 4 OF 6 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 NO. 2019119-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE APRIL 17, 2020, ISSUE DATE APRIL 27, 2020. 1. RESTRICTIVE COVENANTS: DOCUMENT NO. 2002073319, 2002091942, 2013039421, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE, AND 2016120608, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 10E. ELECTRIC AND TELEPHONE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY BY INSTRUMENT RECORDED IN VOLUME 848, PAGE 657, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. F. ELECTRIC DISTRIBUTION AND TELEPHONE LINE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 848, PAGE 659, OF THE DEED RECORDS OF WILLIAMSON COUNTY, AFFECTS AS SHOWN. G. ELECTRIC DISTRIBUTION AND TELEPHONE LINE EASEMENT TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 1286, PAGE 169, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, DOES NOT AFFECT. H. PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN VOLUME 1422, PAGE 411, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I. PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN VOLUME 1422, PAGE 416, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. J. PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN VOLUME f422, PAGE 416, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. K. EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN VOLUME 1621, PAGE 579, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. L. WASTEWATER LINE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2003059227, OF THE OFFICIA PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. M. ELECTRIC AND COMMUNICATIONS AND RIGHT-OF-WAY EASEMENT GRANTED TO ONCOR ELECTRIC DELIVERY COMPANY RECORDED IN DOCUMENT NO. 2004023218, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 14. WASTEWATER LINE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2004061870, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 0. STORM SEWER AND DRAINAGE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2004061871, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. P. UNDERGROUND WASTEWATER LINE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2008070925, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 0. WASTEWATER LINE AND RIGHT-OF-WAY EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2011049656, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. R. WASTEWATER LINE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2013026899, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT, S. STORM SEWER AND DRAINAGE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2013026900, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. T. WATERLINE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2013051519, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. U. WATERLINE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2016105806, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. V. WASTEWATER LINE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2016105807, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. W. STORM SEWER AND DRAINAGE EASEMENT GRANTED TO CITY OF ROUND ROCK RECORDED 1N DOCUMENT NO. 2016105808, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. X. PUBLIC UTILITY EASEMENT GRANTED TO THE PUBLIC RECORDED IN DOCUMENT NO. 2016120613, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. Y. PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2017079045, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. Z. TERMS, CONDITIONS, AND STIPULATIONS SET OUT IN THAT CERTAIN ORDINANCE NO. Z-99-03-25-PCI RECORDED IN DOCUMENT NO. 9926846, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT, IN LAN D u GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX, 78681 PH. (512) 238-1200, FAX (512) 238-1251 GI0\10irItt0ATInNNn IAAC0IJIA ■ PARCEL PLAT SHOWING PROPERTY OF HICKERSON ROUND ROCK LAND, LP SCALE I PROJECT J COUNTY 1" = 60' GATTIS SCHOOL ROADI WILLIAMSON i RR RANCH RWARCELS\\PARCEL 5-HICKERSON ROUND ROCK LAND. LPG PARCEL 5 m PLAT TO ACCOMPANY PARCEL DESCRIPTION 01121119 PAGE 5 OF 6 AA. TERMS, CONDITIONS AND STIPULATIONS SET OUT IN THAT CERTAIN ROADWAY CONSTRUCTION AGREEMENT, RECORDED IN DOCUMENT NO. 199971261 AND RE -RECORDED IN DOCUMENT NO. 199974079, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. BB. TERMS, CONDITIONS AND STIPULATIONS SET OUT IN THAT CERTAIN ORDINANCE NO. Z-99-03-25-9C2 RECORDED IN DOCUMENT NO. 2000011425, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. CC. TERMS, CONDITIONS AND STIPULATIONS SET OUT IN THAT CERTAIN POSSESSION AND USE AGREEMENT FOR TRANSPORTION PURPOSES (GRANTING SLOPE AND PUBLIC UTILITY EASEMENTS) AGREEMENT DATED 03/31/2001, RECORDED IN DOCUMENT NO. 2001038661, AS FURTHER AFFECTED BY CITY OF ROUND ROCK RESOLUTION NO. R-01-05-31-3A1 RECORDED UNDER DOCUMENT NO. 2002042747, AND AS ADDITIONALLY GRANTED TO THE CITY OF ROUND ROCK IN SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NO. 2004053425, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. D0, TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN EASEMENT AGREEMENT DATED 09/19/2002, RECORDED IN DOCUMENT NO. 2002073318, AND AS AMENDED IN DOCUMENT NO. 2013031893, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. EE. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DRAINAGE CONSTRUCTION/MAINTENANCE RECORDED AGREEMENT DATED 11/14/2002, RECORDED IN DOCUMENT NO. 2002091945, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. FF. TERMS, CONDITIONS, AND STIPULATIONS SET OUT IN THAT CERTAIN AMENDED AND RESTATED EASEMENT, CONSTRUCTION AND MAINTENANCE AGREEMENT DATED 01/21/2003, RECORDED IN DOCUMENT NO. 2003005125, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. GG. TERMS, CONDITIONS, AND STIPULATIONS SET OUT IN THAT CERTAIN ORDINANCE NO. Z-05-05-26-11D1 DESCRIBING PLANNED UNIT DEVELOPMENT DISTRICT NO. 62, DATED 05/2G/2006, RECORDED IN DOCUMENT NO. 2005054082, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. HH. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN ORDINANCE NO. Z-02-01-24-BBI DESCRIBING PLANNED UNIT DEVELOPMENT DISTRICT NO. 56 RECORDED IN DOCUMENT NO. 2002035296, AS AMENDED BY INSTRUMENTS RECORDED IN DOCUMENT NOS. 2002053541, 2005077702, AND 2005085691, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DO NOT AFFECT. II. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE AGREEMENT DATED 12/30/2003, RECORDED IN DOCUMENT NO. 2003124267, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. JJ. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE AGREEMENT DATED 12/30/2003, RECORDED IN DOCUMENT NO, 2005045959, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. KK. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN T14AT CERTAIN SIGN EASEMENT AGREEMENT DATED 12/30/2003, RECORDED IN DOCUMENT NO. 2003124268, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. LL. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN T14AT CERTAIN AGREEMENT AND DEVELOPMENT PLAN DATED 07/12/2005, RECORDED IN DOCUMENT NO. 2005054082, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. MM. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE AGREEMENT DATED 05/19/2008, RECORDED IN DOCUMENT NO. 2008039755, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. NN. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN ACCESS EASEMENT AGREEMENT DATED 05/30/08, RECORDED IN DOCUMENT NO. 2008042768, AND AS AMENDED IN DOCUMENT NO. 2013032615, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 00. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DECLARATION OF DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE DATED 08/07/2009, RECORDED IN DOCUMENT NO. 2009058884, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. PP. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE DATED 11/05/2010, RECORDED IN DOCUMENT NO. 2010076274, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. OQ. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE AGREEMENT DATED 08/09/2011, RECORDED IN DOCUMENT NO. 2011053308, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. RR. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT AGREEMENT FOR UNDERGROUND FACILITIES DATED 05/26/2011, RECORDED IN DOCUMENT NO. 2011037355, DOES NOT AFFECT, AND AS CORRECTED IN DOCUMENT NO. 2012014641, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. PARCEL PLAT SHOWING PROPERTY OF Q ! N L A N D u GEODETICS j H I CKERSON ROUND ROCK LAND, LP EOPROFESSIONALLAND SURVEYORS PARCEL 5 1504ROUND ROCKCHISHOLM 668 E. 103 PH. (512)230-1200,FAX (512)238-1ZS1 SCALE PROJECT COUNTY NJ RRMREGISTRATION NO. 100591-00 1" = 60' GATTIS SCHOOL ROAD WILLIAMSON m PLAT TO ACCOMPANY PARCEL DESCRIPTION LEGEND • Y2" IRON ROD FOUND, UNLESS NOTED f CENTER LINE 0 IRON SET W/ PLASTIC CAP R PROPERTY LINE STAMPED "INLAND-4933" ( l -Y- RECORD INFORMATION LINE BREAK O IRON ROD FOUND W/PLASTIC N 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 Y2" IRON PIPE FOUND, UNLESS NOTED S7MSE 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 Z� 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 01/21/19 PAGE 5 OF 6 SS. TERMS, CONDITIONS AND STIPULATIONS SET OUT IN THAT CERTAIN DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE AGREEMENT DATED 04/26/2013, RECORDED IN DOCUMENT NO. 2013039418, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. TT. TERMS, CONDITIONS AND STIPULATIONS SET OUT IN THAT CERTAIN ACCESS EASEMENT AGREEMENT DATED 04/26/2013, RECORDED IN DOCUMENT NO. 2013039419, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. UU. TERMS, CONDITIONS AND STIPULATIONS SET OUT IN THAT CERTAIN MUTUAL ACCESS EASEMENT AGREEMENT DATED 04/26/2013, RECORDED IN DOCUMENT NO. 2013039420, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS. VV. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN DRAINAGE EASEMENT AND DETENTION POND MAINTENANCE AGREEMENT DATED 03/09/2015, RECORDED IN DOCUMENT NO. 2015020310, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. WW. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN ACCESS EASEMENT AGREEMENT DATED 05/29/2015, RECORDED IN DOCUMENT NO. 2015045415 AND AS AMENDED BY DOCUMENT NO. 2016120607, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. XX. TERMS, CONDITIONS, AND STIPULATIONS SET OUT IN THAT CERTAIN ACCESS EASEMENT AGREEMENT DATED 12/21/2016, RECORDED IN DOCUMENT NO. 2016120611, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. YY. TERMS, CONDITIONS, AND STIPULATIONS SET OUT IN THAT CERTAIN ORDINANCE NO. 0-2016-4315 RECORDED IN DOCUMENT NO. 2017033933, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. ZZ. TERMS, CONDITIONS, AND STIPULATIONS AS SET OUT IN THAT CERTAIN ORDINANCE NO. 0-2018-5640 RECORDED IN DOCUMENT NO. 2018072592, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN W S DETERMINED BY A SURVEY MADE ON THE GROUND UNDER Y DIRUPERVISION. 2� �� Zo ;+ M. STEP N TRU DALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 I N L A N DLI GEODETICS J PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (S12) 238-1200, FAX (S 12) 238-1251 t FIRM REGISTRATION NO. 10OS91-00 11 F 4933 ��ti�CSS�� Ci sL) PARCEL PLAT SHOWING PROPERTY OF ACQUISITION 0.039 1,684 CALC/DEED AREA 0.384 16,740 REMAINDER AREA 0.345 15,056 HICKERSON ROUND ROCK LAND, LP SCALE I PROJECT COUNTY GATTIS SCHOOL ROAD WILLIAMSON PARCEL 5 EXHIBIT B Parcel 5 RIGHT OF WAY 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 HICKERSON ROUND ROCK LAND, LP, a Texas 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 ("Grantee"), whose address is 221 E. Main Street, Round Rock, Texas 78664, 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 Grantee, all that certain tract or parcel of land described on Exhibit A attached hereto (the "Land"), together with any improvements owned by Seller, if any, thereon (collectively, the "Property"). RESERVATIONS, DISCLAIMERS, RESTRICTIONS, AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: It is expressly understood and agreed that access on and off Grantor's remaining property to and from the proposed roadway facility from the abutting remainder property shall be permitted, subject only to regulation by Grantee to be necessary in the interest of public safety or by applicable zoning, platting, or permitting requirements. 2. This conveyance is made and accepted subject to; (i) all visible and apparent easements not appearing of record; (ii) any discrepancies, conflicts, or shortages in area or boundary lines or any encroaclunents or any overlapping of improvements which a current survey would show; and (iii) easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other encumbrances 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. 3. 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 Land and upon the condition that none of such operations shall be conducted so near the surface of said Land as to materially and adversely interfere with the intended use thereof or in any way materially and adversely 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 REAL ESTATE CONTRACT EXHIBIT B - PAGE 1 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. 4. IT IS UNDERSTOOD AND AGREED THAT EXCEPT FOR THE WARRANTY OF TITLE CONTAINED IN THIS DEED, (A) THE PROPERTY IS SOLD BY GRANTOR AND PURCHASED AND ACCEPTED BY GRANTEE ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS" BASIS, SUBJECT TO ANY CONDITION WHICH MAY EXIST, AND WITHOUT THE EXISTENCE OF AND WITHOUT RELIANCE UPON ANY REPRESENTATION, WARRANTY, AGREEMENT, OR STATEMENT BY GRANTOR, OR ANYONE ACTING ON BEHALF OF GRANTOR INCLUDING, WITHOUT LIMITATION, ANY BROKER, ARCHITECT, ATTORNEY, EMPLOYEE, CONTRACTOR, OR CONSULTANT; AND (B) TO THE EXTENT ALLOWED BY LAW, GRANTEE RELEASES GRANTOR OF AND FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, DAMAGES, COSTS OR EXPENSES WHICH MIGHT ARISE OUT OF OR IN CONNECTION WITH THE CONDITION OF THE PROPERTY,, CLAIMS BASED ON THEORIES OF STRICT LIABILITY, AND CLAIMS FOR CONTRIBUTION BASED ON STATUTES, REGULATIONS OR OTHERWISE. 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 Grantee and its assigns forever subject to the reservations, disclaimers, restrictions and exceptions set forth herein; and subject to the to the reservations, disclaimers, restrictions and exceptions set forth herein, Grantor does hereby bind itself, its successors and assigns to Warrant and Forever Defend all and singular the said Property herein conveyed unto Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. [signature page follows] REAL ESTATE CONTRACT EXHIB IT B - PAGE 2 GRANTOR: HICKERSON ROUND ROCK LAND, LP, a Texas limited partnership By: Hickerson Round Rock Land GP, LLC, a Texas limited liability company, its General Partner By: PRA GP No. 2, Inc., a Texas corporation, its Manager Un STATE OF TEXAS COUNTY OF DALLAS Julian Hawes, Jr., Vice President This instrument was acknowledged before me on the day of , 2020, by Julian Hawes, Jr., the Vice President of PRA GP No. 2, Inc., a Texas corporation, the Manager of Hickerson Round Rock Land GP, LLC, a Texas limited liability company, the general partner of Hickerson Round Rock Land, LP, a Texas limited partnership, on behalf of said partnership. PREPARED IN THE OFFICE OF: GRANTEE'S MAILING ADDRESS: Notary Public in and for the State of Texas Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 City of Round Rock Attn: City Clerk 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN ORIGINAL TO: Independence Title 203 W. Main Street, Suite A Pflugerville, Texas 78660 RETURN COPY TO: Cherry Petersen Landry Albert LLP 8350 N. Central Expressway, Suite 1500 Dallas, Texas 75206 Attn: 75206 REAL ESTATE CONTRACT EXHIBIT B - PAGE 7 EXHIBIT A TO RIGHT OF WAY DEED REAL ESTATE CONTRACT EXHIBIT B - PAGE 7 EXHIBIT C UTILITY DISTRICT NOTICE FOR UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT formerly known as BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT #1A OF WILLIAMSON AND MILAM COUNTIES Seller: HICKERSON ROUND ROCK LAND, LP, a Texas limited partnership Purchaser: CITY OF ROUND ROCK, TEXAS The real property, described below, that you are about to purchase is located in the Upper Brushy Creek Water Control and Improvement District (District) formerly known as Brushy Creek Water Control and Improvement District #1A of Williamson And Milam Counties. The District has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the District on real property located in the District is $0.02 on each $100 of assessed valuation. The total amount of bonds, excluding refunding bonds and any bonds or any portion of bonds issued that are payable solely from revenues received or expected to be received under a contract with a governmental entity, approved by the voters and which have been or may, at this date, be issued is $-0-, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is $-0-. The purpose of this District is to provide drainage and flood control facilities and services within the District from property taxes and/or through the issuance of bonds payable in whole or in part from property taxes. The cost of these facilities is not included in the purchase price of your property, and these facilities are owned or to be owned by the District. The legal description of the property you are acquiring is as follows: See Exhibit A [Signatures on Following Page] REAL ESTATE CONTRACT EXHIBIT C - PAGE 9 Date: 22020 HICKERSON ROUND ROCK LAND, LP, a Texas limited partnership By: Hickerson Round Rock Land GP, LLC, a Texas limited liability company its General Partner By: PRA GP No. 2, Inc., a Texas corporation, its Manager 0 STATE OF TEXAS COUNTY OF DALLAS Julian Hawes, Jr., Vice President This instrument was acknowledged before me on the day of , 2020, by Julian Hawes, Jr., the Vice President of PRA GP No. 2, Inc., a Texas corporation, the Manager of Hickerson Round Rock Land GP, LLC, a Texas limited liability company, the general partner of Hickerson Round Rock Land, LP, a Texas limited partnership, on belialf of said partnership. Notary Public in and for the State of Texas [Signatures on Following Page] REAL ESTATE CONTRACT EXHIBIT C - PAGE 9 PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS AD- VISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. Purchaser is advised that the real property may or may not be within an inundation easement or downstream of a District -owned flood control structure. For further information you are encouraged to contact the District through its website at www.upperbrushycreek%Ncid.org. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Date: _, 2020 CITY OF ROUND ROCK, TEXAS By: STATE OF TEXAS COUNTY OF Laurie Hadley, City Manager This instrument was acknowledged before me on the day of 2020, by Laurie Hadley, City Manager of City of Round Rock, Texas, on behalf of the City of Round Rock, Texas. Notary Public in and for the State of Texas AFTER RECORDING RETURN TO: Upper Brushy Creek WCID 4000 Sunrise Road, Building 1, Suite 1200 Round Rock, Texas 78665 REAL ESTATE CONTRACT EXHIBIT C - PAGE 9 GATTIS SCHOOL ROAD PHASE III - PARCEL 5 COMPENSATION SUMMARY VALUATION OF THE FEE ACQUISITION Paul Hornsby and Company 43 II � ., r u u Q 1. •.�. �"�► - t 111I� tltlt Y Do r '----" -------------ram_ —— — —'ti`__�__—�____ u a ih tltl - o �o U- _ I ,oz � a � • i fti ii t of o 3 g- Lu F7 o , � I! a ° I o r I - ` w. 3 IOF ` . MI I _ 41 a _ Qo I I rI �� B ez � L I al1�Nop3�K OIL * I p �! j, 01 ' fi PLAT TO ACCOMPANY PARCEL DESCRIPTION NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C1 01°18'53" 3521.00' 80.79' 80.78' N89"29'21"W C2 01"25'46" 1444.39' 36.04' 36.04' N89°01'02"E (C2) (01* 25' 31 ") (1444.39') (36.00') (35. 99') (N89°01' 18"E) rY 11 1 P-F—P vl u L - 1 wm ---------------- 41" OSTENSIBLE SUAVEY LINE _ _ -- ' PROPOSED GATTIS SCHOOLIROAD BAS LINE 377 00 38.00 I ' E 9.00 01/21/19 PAGE 3 OF 6 N 0 30 60 1" = 60' 40 0.35 AC. GATTIS SCHOOL ROAD LIGHT POWEIRIENT 0.740A1CRE5 DEDICATION OF OCDICATEO (R.O.W. WIDTH VARIES) VOL, 848, PG. G59 Doc , N0, 2002054922 ROW/PLAT D. R. I'i. C. T. 0. P. R. W. C. T. SAM-T -- L2 •cHNP"a�----------- - - - -- - EXIST ING R.O. W. \ //- 10' P. U.E. /PLAT — _ _ b — y15_P.U.E./PLAT , k 1 W RGP0 rl --_.� s q R. 0\ W. { �_STA 38+59 18 82. 20' RT 20' LANDSCAPE STA. 37.78.43 \ \ \ gJ o GRID COORDINATES: EASEHENT 84.63' RT 5 / I oo b� M 0154248.53 DOC. NO. 20050540802 \ \- ''" Iv _L � a E-3138999. 06 0. P. R. W. C, T. 5' SOUTHWESIERN OCLL�\ \ 0. 039 AC. �p.p--• TELEPHONE COMPANY 1, 684 S�Q. FT. EASENENT AGREEMENT 0.136 AC, 00 UOC, NO, 2011037355 \ \ ( = LOT I O. P. R, W. r,, T, \ \ / BLOCK A LOT 1 \ \ \ ` 1. 260 AC. BLOCK A \ \\ \ 4.7958 AC. \ \ STA.O 38 64. 83 �\Lp\ \\ I 165.00' RT FINAL PLAT OF GRACE s \ \ \ \ PRESBYTERIAN CHURCH ADDITION o \61 1 \ CAB. X, SLIDE 23-24 P. R. W. C. T. 0 U1 \�\• iPt4o''A\ FINAL PLAT OF ASA T���MAS SURVrY v\Ea• o• t",0 p PROVIDENT CROSSINGS, '6, \ '\• �pdn� a� SECTION I I ko ABSTRACT NO. 609 J\•sa �yr`ao�� CAB. FF, SLIDE 79-80 \D\•�A', o..�(v m y\ P. R. W. C. T. 1 \Jdypra NUMBER DIRECTION DISTANCE L 1 N1 9' 46' 28"W 1 9. 83' L2 N88° 18' 30"E 50. 86' (L2) (N88°18'46"E) (50.75') L3 S01°40'28"E 21.51' \� 1 \\ \ \ \ FIRAI,ENDMENT FIRST LOT 8 \ \ \ BLOCK A \N\\ DOC. NO. 2013032G)5 �O. P. R. IV. C. T. — FINAL PLAT OF \� \ � AL PLAT OF HILLSIDE TERRACE \ \\149 PROVIDENT CROSSINGS, CAB. Y, SLIDE 239 \ \� D LOT 1 SECTION III P• R. W. C. T. \ \� BLOCK A DOC. NO. 201 3031 488 J 0. P. R. W. C. T. PARCEL PLAT SHOWING PROPERTY OF i N LAN Du GEODETICS'j HICKERSON ROUND ROCK LAND, LP PARCEL 5 PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY PH. (S12) 238-1200, FAX (512) 238-12SI FIRM REGISTMTION NO. 100591-00 I" = 60' 1 GATTIS SCHOOL ROAD W I LL I AMSON P1 %,RTP%rATTIt crurdv - W1NnV olow Tn 093 PAWN RIIZPAR/`CI f\PARPFI S-NI!'I:CRfnN PRO Rnrk 1 AND. 1 P\PARPL1 r.-IIIfKGRCnN RRWN Rnrl( I ME 1 P.RCV_ rinr City of Round Rock ROUND EX SD ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Real Estate Contract with Hickerson Round Rock Land, LP for the purchase of a 0.039 acre right of way parcel required for construction of the proposed improvements to Gattis School Road Ph. 3 (Parcel 5). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/19/2020 Dept Director: Gary Hudder, Transportation Director Cost: $23,191.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF-00448252.PDF, Background Exhibits-00448248.PDF, RE Contract-00448199. P D F Department: Transportation Department Text of Legislative File CM-2020-168 The proposed purchase contract price of $23,191 is equal to the amount of the City's approved appraisal value for this parcel. Cost: $23,191.00 Source of Funds: RR Transportation and Economic Development Corporation (Type B) City of Round Rock Page 1 Printed on 811812020