Loading...
R-2020-0234 - 8/27/2020RESOLUTION NO. R-2020-0234 WHEREAS, the City of Round Rock ("City") desires to purchase that certain 0.057-acre tract of land required for construction of the Gattis School Road (Phase 3) Project (Parcel 7); and WHEREAS, Austaco II Real Estate Partners, Ltd., the owner of the Property, has agreed to sell said Property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Austaco II Real Estate Partners, Ltd. for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 5 51, Texas Government Code, as amended. RESOLVED this 27th day of August, 2020. CRAIG MC1'RGANG�ayor City of Round Ro ,Texas ATTEST: WA d t& # SARA L. WHITE, City Clerk 01 12.20202, 00452738 EXHIBIT «A„ REAL ESTATE CONTRACT Gatti*s School Road Ph. 3 Right of Way THIS REAL ESTATE CONTRACT ("Contract") i*s made by and between AUSTACO II REAL ESTATE PARTNERS, LTD., a Texas limited partnership, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to i*n 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 0.057 acre (2,461 square foot) tract of land out of and situated i*n the Asa Thomas Survey, Abstract No. 609 i*n Williamson County, Texas; more fully described I*n Exhibit "A", attached hereto and i*ncorporated herein Parcel 7 ; 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 i*n 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 SIXTY-FIVE THOUSAND and 00/100 Dollars ($65,000-00). Payment of Purchase Price 2.02. The Purchase Price shall be payable i*n cash at the Closing. 00450218.DOC ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obli%zati*ons 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 i*n 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 bei*ng convelved to Purchaser under threat of condemnation. 0 ARTICLE V CLOSING Closin Date 5.01. The Closing shall be held at the office of Independence Title Company on or before September 15, 2020, or at such time, date, and place as Seller and Purchaser may agree, or within 10 days after the completion of any title curative matters i*f necessary for items as shown on the Title Commitment orl"n the contract (which date is herein referred to as the "Closing Date"). 2 Seller's Obligations at Closing 5*02. At the Closing Seller shall0 : (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,, including specifically a partial release of the existing ground lease affecting the Property, 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 i*n the form as shown I*n 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 i*n 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 i*n 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", i*f 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 Closi*n2 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. 3 Prorati*ons 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 i*n cash at the Closing. If the Closing shall occur before the tax rate i*s 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, but shall otherwise be the continuing obligation of Seller to fully satisfy. Agricultural roll -back taxes, I*f any, which directly result from the completion of this transaction and conveyance 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) Attorneys fees paid by each respectively. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific 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 i"n Article III having been satisfied and Purchaser being i*n default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, I*f 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 pro -visions 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 i*n 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 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 Avoly 8.02. This Contract shall be construed under and i*n accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable i*n Williamson County, Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their ID 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 i*n any respect, this invalidity, illegality, or unenforceab1*11*tY shall not affect any other provision hereof, and this Contract shall be construed as 40 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 i*s hereby advised that I*t 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 or city manager, which date is indicouncil cated beneath the Mayor's or City Manager's signature below. Counterparts 8.11 This Contract may be executed i*n 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] SFI,L: AUSTAC0 Il R.F..AL ESTATEPAR'i'NERS, LTD,, a Texas limit ership Name: 7ct' �C.. � �t~*�' i' Its: `t-�-�"1,�.-+'�i" Dale,,. -- --2r2 "�' --------- PURLEIt: -HASl CITY C?F R(7ITND ItC?CK, TEXAS By: Craig Morgan, May -or Date: fo -Address.: `�?S� Ki u Address.* 221 E. Main Street R.ound Rock-, Texas 78664 County: Williamson 4 Parcel, .31. Project'. Gatti's School Road EXHIBITA PROPERTY DESCRIPTION FOR PARCEL 31 11-72-2019 Page i of 3 DESCRIPTION OF A 0.057 ACRE (2,461 SQUARE FOOT) TRACT OF LAND SITUATED i(V THE ASA iHOMAS SURVEY, ABSTRACT NO., 609, IN WIILIAMSON COUNTY, TEXAS,, BEING A PORTION CIF LOT 511 . BLOCK A (1.0 s ACRES), RANbAL.L'S TOWN CENTRE... SECTION ONE, A SUBDIVISION OF RECORD IN CABINET W. SLIDES 33d-331 C}F THE PLAT RECORDS QF WiIUAMSpN COUNTY TEXAS, DESCRIBED IN, SPECIAL WARRANTY DEED TO AUST ACO If REAL ESTATE PARTNERS., LTD. RECORDED IN DOCUMENT NO. 24Q4036071 OF THE OFFICIAL PCJSLfC RECORDS. t7F WiLLlAM5iiN COUNTY, TEXAS, SAID 0.(}57 ACRE {2,461 SQUARE, FOOT) TRACT {)F LAND BEING PADRE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS. FOLLOWS... COMMENCING at an ag Nal"1 with washer stamped "INLAND 4933" set, ,31 feet r*b,Ig ht of proposed Gatt" School Road aasel'ne Station 45+94v8 , being an angle point- Jn the southerly boundary line, of said Lot 4, Bt+cFieskAR same being the northerly boundary line. ofLot 5, Block Ao said Randall's- Town Centre, Section One-, THENCE, with the common boundary line of said Lot 4 and said Lot 5, S 87°33'33" W,, for a distartrte of 10T.54 feet to an iron rod with aluminum cap -stamped "RAW '4933' set, (Grid Cootdinales dekerrnineri as N=10i54047.13, E=3139638.47 TxSPC Zone 42b3), 287,75 feet right of proposed Gattis School Road Baseline Station 44+87:33, being, In the proposed easterly Ri{�hd-af-Way (ROW) line- of A. W. Grimes - I. Boulevard-, {ROW width varies), for the northeasterly corner and POINT OF BEG -INNING of the herein described tract; 0 a a THENCE, departing sato L.:-ot 4, with said proposed easterly ROW line, through the Interior of sal"'d Lot 5.f along a- curve to the left, having a delta angle of Or38'05gf, a radIus of 200■48 -feet., an arc length of 162,46 feet and a chord which bears S ����!'fri'aP��xE$ or a distance of 162.42 feet to an 'iron rod with aluminum cap stamped 4%ROW 493T set, 449.77 fiDet right of proposed Gattis School Road Baseline Station 44+98-.67,. being in the nodherlIt y boundary line of Lot, 6,, of said Town Centre subdivision, same being in the southerly boundary line of sai'd. Lot 5. for the southeasterly corner of the herein descdbed trract and from whichan X cut found, for an angle polbt- 1h the common boundary fine of said Lot and Lot, 6 bearsN8 1'54`44"' E, at a distance of 71-.41 feet', . . UiC. S S. 2} THENCE, departing said proposedline, continng with sai'd common boundary fine 81ro64-444"1 W,, for- a distance of 16-.03 &W, Grimes Boulevard (ROW width varies), erne being theoet to a calculated potnt in theexisting.easterly ROW'Ii'be, of common. westerly corner of said Lot 5 and said Lot 6, for the southwesterly- corner of -the herein des+��i�ed tract, and from whi'ch,, a b. Mag Nal"I in asphaft found, being 'in sa.fd existing easterly ROW line, same being the southwesterly corner of Lot 6,, 131ock A. and an anale polnt rn the westerly boundary line of Lot 3, Block A. of the eplat of'Lots 2 and 3, Block A of ada!ftTown Centre, Section One, a subdivis-lon of ra. cord 'in- Cabine t Y. Sloide 9T,98 of the Plat- Records of Williamson County, Texas bears along a curve to the left, ha��ng a delta angle of U927'4?", a radius.- of 2023.48 feet,. an arc length of 192.,94 feet and a chord which bears S I 004`edp38" Ef at a distanr,,e of 1,92.86 feety 3� THENCE, departing said Lot 6, with said existing easterly ROW line, same being the westerly boundary line ofsaid Lot 5, along a curve to the rtght, i�aving. a delta angle of 04*38'33a:�ra a dius of 2Q23.48 feet, an arc length of 163Y95 feet and a chord which bears N 05'"4212811 W, for a distance of 163.91 feet -to a calculated point-, being the common westerly corner of said Lot 4 arid said Lot 5. for the northwesterly comer of the herein described tract-k 0 4) THENCE, departing said exish f ng easterly ROW line, with the, common boundary Iine of salid Lot. 4 and said Lot 5, N 8703313311: E,, for a distance of 15-.1.3 feet to the POINT OF BEGINNING., containing 0.,05.7 acres. (2,461 square. feet) of land, more or less, + A Is This property description is accompaniea oy 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 3& KNOW ALL MEN BY THESE PRESENTS. C:QUNTY t7F V161LLIAMSC}N § That L K Stephen r l ; a Registered Professional Land Surveyor, do hereby certify that the above description i C* s Irk correct to the best of my knowledge, and ll f and that the property desc'n"bed here -in was determined by a survey made on the. gr : �'°� : ; ., �'�:�� F supervision, WITSr'S4 MY :AN. SEAL ound Rock,. 4ms ounty,Texas-,y.f:: :. 'S"- ** 'b A;f ------ - ----- - - - ------------ --------- Ma ------------- ------ -------------------------------- - ------ ---- -- - -- --- - ------- -- -- ------- A q I F N A W-100M - ----- - -- W t 'hen T sdald lko 4 ep rue v Registere d Profe. ssional Land Suiveyor No, 49334-t-Y3 •>Licensed State Land Surveyor - Inland Gfi, LLC s :: ;:: .. Firm Registration: No..), 1000AWAL- 1504 ChisholmTrail Road-, Suite.103irA Round Rock, TX 78681 Y:Sr •. fr: 113"A RTGIGA*rTIS -SCHOOL. WNDY PARK TO RR- RANCH RDIPARCE-LocAPARCEL 31-AUSTACO 11 REAL ESTAT EAPARCEL. 31-AUSTACO 11 REAL ESTATEAoc 0 30 60 -------- ------- ---------------- ---------------- ---------------- 1 60 V X � C I y 01" T p 0 R i 101114 DOC" 041 942 EXHIBIT 0 AR� --------- -------------------------------- "T I 1*/l 2119 ff-� ION Arr �.Ll,�ilarS.['.t"11.1V'Y PA CEL QG7�..iii PAGE 2 OF* 3 NUMBER -------------- ---------------------------------- DELTA ---------------- RADIUS wo low ----- LENGTH CHORD CHORD BEAR.'ING c 04's 38 05 2008a48 1 62s 46 ------ ----- 1 62a 42 ------------------ ------ -- ------- S05* 40* 33**E ----------- --- -------- ------------------- ------------------------------------------ C 2 t}4° 38` -33 2023v 48" ------- 1:63s 95 ------------- 163* 91 N050 42* 28"W (C2) (04* 38.S9" (2023.* 484P 1 164f, 21 (16-4.0 .1r 0 (N05'0 40, 08W)C3 05* 27�'47" 2023o 48,* 192a 94* 192m 86" Sl0* AS`38"E0-0-m-0--ft'---------- CC3i - ------ -------------------------- -l-" C05°7'St'°242n23A8'�t, 97�)_t510°43'33"E) LOT' 4 V Ve 21 ACo 0. 79t 7*. .3 3' 33 *'W 12 2 C-L 21' It �l;•.rwM�w 107o 54# S87* 33 3 44+87x 33 s-287* 75* R*T t- COORDNATES,* ft I A^ l a 10 15404 7. 13' 31 L 3 9 6 3 8 oc 4 7 0 3 1� W sL ock{ :04 Of Ps 00 C. STA, 45+94.8X 286.31' RT LOT 5 i . 05 AC* AUSTACt? li REAL. ESTATE PARTNERS, LTD* QOC. NO, 20Q40360it O;o P. R* We Co T. L• Ue Ob I At;* 21 461 % E R �>UO iv' 0 -ps Qk)ll 0 flo"I"i-K, TEXAS: *M"N f ff f A SE -�i-E iWA IN P 1.-1-8 L f C kJz' f 1 Y t. -A �S 8EM-E 11 T % 'S E S 0•4 4,f 4 4 -Klco 5 P,� Rt 'W"o, C, T It ~x % % 41 I v 10007 1 E-<�4 T I a y A T ED ad { j1J i r' �/ 1 t i; t 1 f f i i � i l � 1 t 1 � LOT 3 F l j 6.35 AC. t � FINAL PLAT C}F � `� RANDALI`5 TOWN i _`;s CENTRE SECTION ONE } '�� GAB. W, SLIDE 33p-331. � � P.R.W.C.T. i {. L i � 14.E1.% e X*F�oul'-t: (Bbs Z4 N' T W A. - 1 -1F , 1'... 1 Niw . Erv.A yr i. C. Ic �x 'TA. 44 98. 67 �kl 449x 77* RT > NUMBED.<. ILt� .� --- --------- VA 0. 98. ACa 1... 2 > ozREcrrOry N87°33'33"E }��.' •~ �~ �} •\ j F INAL PLAT Off" A% )� • f`.r{ • "HE PL • LOTS 2 ANf. D 3, BLOCK A v NL TOWN CENTRE I SECTION ONE . ;.;CAtj4 Y, SLIDE 97 98. Po R* Wo Cis T* 1�d ------ -------- - ---------------------A---- ........ INLAN. u E' GEODETICS .......... PROFESSIONAL LAND SURVEYORS _= 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX 78-681 PHA {511i i38.•12Q@, FAX (512) 238-1251 ,_ FIRM REGISTRATION NOx 100591-00 )a ------ _75CH�0� Sx'\*RTG\GAT. WINDY P L. OT 3 % 6a 35 AC. }}l�•'t V v,� DISTANCE 15.03° 15. i 3 1 IV, p 1" 0-6 A PARCEL PLAT SHOWING PRC?PEH1"Y OF A E�TAiE REALAL UTACO AhMA& Raft& PARTNER59 LTD. SCALE PROJECT COUNTY 1 if " 60'WILLIAMSON It^ MGI�TTiS SCHOOL ROAD PARCEL. 31 ------------- --------- - - -- -- - - -- - ------- - --------------- ----- - - ---- - --------- - ARK TQ RR RANCH RD-\PARCELS\PARCEL- 31---AUSTACO Ii REAL ESTATE\PRRCEL 3i-AU$TACO tI REAL ESTAFE-REY.dgn EXHIBIT $4A,,. N LEGE.ND 1�LAT PAM.- I -------------- F�ARCELDWPdr-vIN 0 1/2 41 IRON ROD FUND, UNLESS NOTED CENTER, LINE (o3 ii20N SET W1 F'LASTIG CAP t PROPERTY LINE STAMPED "INLAND~4933" RECORD INFORMATION BREAK CD IRON ROD FOUNDLINE W/PLASTIC m DENOTES COMMON OWNERSHIPCAP AS NOTED %joBN POINiOF BEGINNING 0 COTTON GIN SPINDLE. FOUND I'.0. C. POINT dF COMMENCING O IRON PIPE FOUND,UNLESS NOTED12 N. To S. NOT TO SCALE STMSE STORM SEWER EASEMEN"fi" X X CUi' FOUND SSE SANITARY SEWER EASEMENT g MAG NAIL FOUND P.U,E. PUBLIC UTILITY EASEMENT A 60/0 NAIL FOUND Do F2. YY, Ca Tfs DEED RECORDS A MAG NAIL SET WILLIAMSON COUNT', TEXAS O. Ro W. C. OFFICIAL RECORDS CALCULATED POINT WILLIAMSONA XACQUNTY,TE fS*1^40* O IRON Rt�D W1 ALUMINUM CAP P* Ris W* Co T*QFF I CIAL PUBLIC RECORDS STAMPED "ROW-4933" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) �'. R* W.C. PLAT RECORDS WTLL.IAMSON COUNTY* TEXAS 11/12/19 PAGE 3 OF* 3 1* notes ore A I I bear I ngs shown hereon are bosed on gr i d bear i ng., A I I d *1 stonces ore surfoce- d i stances, Coord i surface val'ues bcs..ed on the Texos State Plane. Coordinote Sys-fem, NAD 831, Central 'Zone, THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF N0.2015883-KFQ, ISSUED- BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE Mha2Cti 27, 2020, ISSUE DATE APRIL 8, 202Q. 1. RESTRICTIVE COVENANTS* CABINET W. SLICES 330-331t PLAT' RECORDS.,, DOCUMENT NO. 200269i9A1r DOCUMENT N{?. 2QOin7if53, DOCUMENT NO* 2004013115, DOCUMENT N0. 200At}36071, DOCUMENT N0. 2005Q19"t8Q, OFFICIAL PUBLIC RECORDS. OF WILLIAMSON COUNTY, 'TEXAS,. SUBJECT' TO. tOA. !0' FOOT SLOPE ANC! PUBLIC UTILITY EASEMENT, ALONG WITH AN ADDITIONAL 5 FOOT PUBLIC UTILITY ALONG THE WEST PROPERTY LINE AS SHOWN ON PLAT' AND t7EnICATIpN, AFFECTS AS SHOWN* B. WATERLINE EASEMENT TQ THE CITY CIF ROUND ROCK, TEXAS RECORDED I N DOCUMENT Nth, 20flA055803, OF THE OFFICIAL PUBLIC RECORDS OF WTII.IAMSt}h! COUNTY., TEXAS,. DOES NOT AFFECT AS SHOWN* C. PUBLIC UTILITY EASEMENT TO THE CITY OF ROUND ROCK, TEXAS RECORDED IN DOC. NC}. 24060-01572, tiF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS., AFFECTS AS SHOWN.. D. TERMS, CfltddITY0tU5, AND STIPULATIONS IN THE OECIARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND RECORDED IN DOCUMENT NO. 2002091941, AMENDED IN DOCUMENT NO* 200347l653, DOCUMENT NO* 200A032061 AND DOCUMENT NOAW 2fi05019780, SUPPLEMENTED IN DOCUMENT NO* 24040131i5, QF THE OFFICIAL PUBLIC RECORDS QF WIL.IIAMS4N G4UNTY, iEXA5, SUBJECT TO* F. TERMS, CONDITIONS, AND STIPULATIONS iN THE EASEMENT AGREEMENT* RECORDED IN DOCUMENT NO. 2Q02091943, AMENDED IN DOCUMENT NO. 2003Q05324, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY-, TEXAS, DO NOT AFFECT. G. TERMS, CONDITIONS, AND STIPULATI(}MS IN THE SIDEWALK, AND UTILITY EASEMENT AGREEMENT RECORDED- IN DOCUMENT NtD. 240209f9A4, AMENDED IN DOCUMENT NO* 2afl30Q5123, AND DOCUMENT Pi{}. 246312007t, QF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON CCIUMTY, TEXA5, f30 NOT AFFECT. tl. TERMS, CONDITIONS, AND STIPULATIONS TPi THE. AMENDED AND RESTATED EhSEM£NT, CONSTRUCTION AND MAINTENANCE AGREEMENT RECORDED IN DOCUMENT NO* 2003005125, OF THE OFFICIAL PUBLIC 67E-:COfiDS OF WILLIAMSON COUNTX, -TEXAS, SUBJECT Tfl IC' APPLICA6LE.. I. TERMS, CONDITIONS, AND STIPULATION'S IN THE TRASH OUMPSTEH EASEMENT AGREEMENT RECORDED IN DOCUMENT NO. 2404Q32062, OF THE OFFICIAL iatJHt.IC RECORDS QF WILLIAWS(}N COUNTY, TEXAS, SUBJECT' TO IF APPLICABLE* J. *IE"kMS: CONDdTIONS, AND STIPULATIONS IN THE POSSESSION AND USE AGREEMENT RECORDED IN DOCUMENT N0. 2001038661, OF THE dfFICtAL PUBLIC' RECORDS OF WIt_I_IAMSpN COUNTY, TEXAS, PARTIALLY AFFECT AS SHOWN* L. NOTICE REGARDING ORDINANCE NO. Z-02-01-2A-86i RECORDED RECORDS OF WILLIAMSON CQUNTY, TEXAS, SUBSECT TQ. I HEREBY CERT[FX THAT THIS PLAT IS 'TRUE. ANDCORRECT TO THE BEST OF MY KN(}WLEDGE AND BELIEF APlD THAT THE PROPERTY SHOWN HEREIN -WAS DETERMINED BY A SURVEY MAj ON THE �—y GROUND tdNDEY 0 t�RECT S T S I ON. � j�' � ,` r t Ar - - --------------- I -------------------- wwwww"00wov"W ------ ------------- - - - - - - - - - - - - - - M. STEP 1141.1 -SDAL�E - REGISTERED PROFESSIONAL LAND SURVEYOR N0. LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. it70591-00 15Q4 CHISNOI.M TRAIL ROAD, SUITE 103 ROUND ROCK* TEXAS 78681 1 N "0..0 L .00. A N D u--------- GEODETICS tOFESSIONAL LAND SURVEYORS D4 CHISHOLM TRAIL RD, S'1'E 103 ROUND ROCK, TX 78681 (SI2) 238-1200, FAX {512j 238-1251 F-1 -min mg.-u P^TiUN 10 1-00 p 000AAMM~ DATt 4933 iN DOCUMENT N0. ?.OQ2035296, OF THE OFFICIAL PUBLIC PARCEI... PLAT SHOWING. PROPERTY* OF AUSTACt3 II gal" E L ESTATE I PARTNERS, LTD. RCEL. 31 SCA�� CXJ1 GATTISSCH00LROAD WILL I AMSONW MR .... ... .... ---- ------ mm R—K---- T N__ �0_ �mmmm RR RANCH . m ---- R - 0\ " PARCELS-tP-_ARCtL ---- 31-A-UStACO ___f I REA - L __ ESTATE\PARCEL 31wAUSTA ign \NRTG\GATT1S. SCHOOL WIN EXHIBIT it B it Parcel ? DEED Gatti*s 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 AUSTACO II REAL ESTATE PARTNERS, LTD., a Texas limited partnership, hereinafter referred to as Grantor, whether one or more, for and i*n consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor i*n hand paid by City of Round Rock, Texas, the receipt and sufficiency of which is hereby acknowledged, and for which no lien i*s 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 i"n the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All of that certain 0.057 acre (2,461 square foot) tract of land out of and situated i'*n the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more fully described I*n Exhibit "A", attached hereto and incorporated herein (Larcel 2 SAVE AND EXCEPT, HOWEVER, it is retaining title to the following improvements "A" to wit,: NONE expressly understood and agreed that Grantor i*s located on the property described i*n said Exhibit 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 I*n force and effect at this time. 00450219.DOC Grantar reserves all cif the ail, has end other minerals in aztd� under the land herein. conveyed. but.- f andpurposeexp.SS acew*aj-ves all n'glits of are JR -or the. oe,,;,,Xess to the stir thereof f onng., deve'l.0ping,, mining ordrill�n� or pumpingtl�e "'ded howel%rer,, that- operations f-or exploratt'on or recovery . .P.r0V1 of .minerals -AIIsuch mi* I.s shall be. so lotto_ as all sur.tace czperarie�ns t*n. connection -therewi*'th- are.Y located at a goint outside the acquired parcel and -upon. the condition that.. hone of such operations shall therferewi-th i in *riny way be conductedso near of said� land a.s to- Inte �the 'ntended use t%hereof orint. e_.Tfere -with, jeopardize. or endanger the facilitiesties of the Cityof Rou- -nd. Rock., - Texas or create a hazardq� -to the Public users thereof;it beingintended, however th.a. It nothj-ng i-n rv. . this reseation shall affect the titlele and the -n-ghts of C.Trantee totakeand. use without additianalcompensation. any, stone, earth, gravel, caliche, ironcare,,gravel orany other road bUilding Matertil .,on in andunder said Iand for the construction and maintenance of Gatti School Road. T AVE AN T the p-roperty herei*n d.escr1*bed and herein conveyed toaether with all and s.i**n ular the rightsappurtenancesahts and there -to in anyise belo 'wn.9Ing unto Cl*ty of Round Rock, Texas and its assigns forever; and Grantor docs hereby bird itself, its hei.L 0executors, administrators, successors and W t assi ns o arrant and Forever Defend all and.6 9.. singular the said Premises herein conveyed unto City cif Round Rock, Texas and its assigns against every person whomsoever lawfu3ly clai€nzng car to claim the same or any part thcreof. This deed is being delivered xn Iieu of ca demn Lion. IN IT hinstrument'd.ay of twW., tis . executed on U. 2020. (-- [signcatpor e f6llr»vs ,2* GRAh1T: AUSTAGU II REAL ESTATE PART`�IERS, I.,TI7., a Texas limit By: A artnership Nanie.--- tr 11 - its: � �" t�.� LEENT"VokM fIW ------------ STATE OF `14'-EXA.S Cnt1%dTY C?F � d�..V-� � 4 before me on t%is �the 0 day of Th.is instrument was ac..k.rn.ol.edd be2Ozu by i.n. the capaci"ty andfor the purposes ---------- recited therein. .r------�. 'A Notary Public, State Texas -PREPAR IHE 0 E 1j FFICE OFW Sheets & Crassfield, P.C. 309 East Main Round Rock, '78664 G. RA MAILINGr'.r,.EE"S ADD S. City Round Rock. Attn: C14*Clerk.ivoe10.221.Main. Street Round Rock, Texas 78664 AFTER CORDING ETiIRN TOO YI ------------ and consider tion REGINALD S, CAJAYON 9 Texas q% .14 X. _'e Notary Pubfic. State of 39 . �> x *4�' Comm. Exp"fes C-3,30-2022 Sj " dotary ID 3-1*513272 kA ---------------