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Contract - AUSTACO II Real Estate Partners, Ltd. - 8/27/2020REAL ESTATE CONTRACT Gattis School Road Ph. 3 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by a--n-d 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 0 Contract as "Purchaser"), upon the terms and conditions set forth i*n 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 in Williamson County, Texas; more 0 fully described in Exhibit "A", attached hereto and incorporated herein ILrcel 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 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 I e the sum of SIXTY-FIVE THOUSAND and 00/100 Dollars ($65 000600)e Payment of Purchase Price 2*02,o The Purchase Price shall be payable in cash at the Closing. 00450218,DOC 000 ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obilizations 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 t -o the Closing). Miscellaneous Conditions a-- 3.02. Seller shall have performed, observed, and complied with all of the covenants, 10 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 4001 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 res,A- trictions relating to the Property, or any part thereof; 4.02. The Property herein is being conveyed to Purchaser underthreat of condemnation. ARTICLE V CLOSING Closing 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 Co mmitment or I*n the contract (which date i*s 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, including specifically a partial release of the existing ground lease affecting the Property, except for the following41 : (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 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 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 0 (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 sh 1: (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 in 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. Clos's ing Costsam 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 Policyad 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 p0 aid 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's 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, an. d 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 AviDly 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*030 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 MENNOWAI 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 uunenforceability 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 AgLeements SupersededMMMMMI 8.05. This Contract constitutes the sole and only agreement of the partiesILLI.d 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 14M 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 0 effective as originals for purposes of this Contract. [signature page follows] Eel, SELLER: AUSTACO II REAL ESTATE PARTNERS, LTD., a Texas limite partnership By: Name: Ill C' 7R�"e r Its: Date: I 07'D ---�?p PURCHASER: CITY OF ROUND ROCK, TEXAS By: , 1A / Craig Morin, Ma Date: 0. �va wo- 7 Address: 19 12--zo5c I U o & (t �q Address: 221 E. Main Street Round Rock, Texas 78664 County: Williamson Parcel: 31 Project: Gattis School Road EXHIBIT PROPERTY DESCRIPTION FOR PARCEL 31 11-12-2019 Page 1 of 3 DESCRIPTION OF A 0.057 ACRE (2,461 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 5, BLOCK A (1.05 ACRES), RANDALL'S TOWN CENTRE, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET W, SLIDES 330-331 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS, DESCRIBED IN SPECIAL WARRANTY DEED TO AUSTACO 11 REAL ESTATE PARTNERS, LTD. RECORDED IN DOCUMENT NO. 2004036071 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.057 ACRE (2,461 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an Mag Nail with washer stamped "INLAND 4933" set, 286.31 feet right of proposed Gattis School Road Baseline Station 45+94.87, being an angle point in the southerly boundary line of said Lot 4, Block A, same being the northerly boundary line of Lot 5, Block A, 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 distance of 107.54 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid Coordinates determined as N=10154047.13, E=3139638.47 TxSPC Zone 4203), 287.75 feet right of proposed Gattis School Road Baseline Station 44+87.33, being in the proposed easterly Right -of -Way (ROW) line of A. W. Grimes Boulevard, (ROW width varies), for the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said Lot 4, with said proposed easterly ROW line, through the interior of said Lot 5, along a curve to the left, having a delta angle of 04°38'05", a radius of 2008.48 feet, an arc length of 162.46 feet and a chord which bears S 05°40'33" E, for a distance of 162.42 feet to an iron rod with aluminum cap stamped "ROW 4933" set, 449.77 feet right of proposed Gattis School Road Baseline Station 44+98.67, being in the northerly boundary line of Lot 6, of said Randall's Town Centre subdivision, same being in the southerly boundary line of said Lot 5, for the southeasterly corner of the herein described tract and from which an X cut found, for an angle point in the common boundary line of said Lot 5 and Lot 6 bears N 81 °54'44" E, at a distance of 71.41 feet; 2) THENCE, departing said proposed ROW line, continuing with said common boundary line, S 81°5444" W, for a distance of 15.03 feet to a calculated point in the existing easterly ROW line of A.W. Grimes Boulevard (ROW width varies), same being the common westerly corner of said Lot 5 and said Lot 6, for the southwesterly corner of the herein described tract, and from which, a Mag Nail in asphalt found, being in said existing easterly ROW line, same being the southwesterly corner of Lot 6, Block A, and an angle point in the westerly boundary line of Lot 3, Block A, of the Replat of Lots 2 and 3, Block A of Randall's Town Centre, Section One, a subdivision of record in Cabinet Y, Slide 97-98 of the Plat Records of Williamson County, Texas bears along a curve to the left, having a delta angle of 0502747", a radius of 2023.48 feet, an arc length of 192.94 feet and a chord which bears S 10045'38" E, at a distance of 192.86 feet; 3) THENCE, departing said Lot 6, with said existing easterly ROW line, same being the westerly boundary line of said Lot 5, along a curve to the right, having a delta angle of 04°38'33", a radius of 2023.48 feet, an arc length of 163.95 feet and a chord which bears N 05°42'28" W, for a distance of 163.91 feet to a calculated point, being the common westerly corner of said Lot 4 and said Lot 5, for the northwesterly corner of the herein described tract; 4) THENCE, departing said existing easterly ROW line, with the common boundary line of said Lot 4 and said Lot 5, N 87033133" E, for a distance of 16.13 feet to the POINT OF BEGINNING, containing 0.057 acres (2,461 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 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is tru d correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the grog ,direct supervision. `t - 0 F _'1V&900*#*6 S T WITH S MY H AN SEAL f�oundiRock, Willi ms `County, Texas.• : � M. tep en Truesdal D to .�isr•��+++++4*"000604'*s'si� ,'� • Registered Professional Land Surveyor No. 493343,i,9��;'' Licensed State Land Surveyor 00 0E S s `4 Inland Geodetics, LLC 0018'�(,► Firm Registration No: 100591-00 S U� 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 S:1 RTGIGATTIS SCHOOL - WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 31-AUSTACO 11 REAL ESTATEIPARCEL 31-AUSTACO 11 REAL ESTATE.doc ,A. t,..~.... ^.`'' 11/12/19 , 3' .v \^ - `0 CtTY OF ROUND ROCKs TEXAS 10" WIDE PoUaEo EASEMENT NO. PORTION PANY PJ&A. -IMON PLAT M ACMM RCIEL DWR NUMBER DELTA RAD I US LENGTH CHORD CHORD BEAR-ING cl 04* 38f 05" 2008e 48* 162m 46** 162o420 S05* 40* 33"E C2 040 38* 33" 2023* 48" 1639 95" 163m 91 N05" 42128"W (C2) (04'* 3.8 59 (2023a 48" (1649 21 (164a 16*) (N05'0 4 0 08 W) C3 05* 27" 47" 2023e 48" 1 92w 94 192m 86" Sl 0* 45" 38"E (C3) (050 2 7 51 (2023* 48" -0. - - - ____ 0 92s 97* (.192s904f _(S 10* 4 3 3 3 " E) `. .^� 6. LOT' . I a 21 ACe ,.^.&_ . — 9 461 SO* FTe 100 SLOPE AND PUBLIC UTILITY EASNEW (POSSESSION AND USE AGREEMENT) DOC* NO* 2001038661 UTILITY EASEMENT N L A N D u owl GEOD Ics w-ROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD, . 103 ROUND ROCK, TX 78681 PH* (Sl 2) 238-1200l FAX (512) 238-1251 RRM REGISTRATION NO. 100591 -moo Da— si clly OF 40 44"E. $ anwommool- 4 IL..z lwv�� Is j?4 '.0 Ctts `' '.. ` . ''^' ACe P`'. —e', 45+94*31''/286s ' LO' `PARTNERS9 LTDv/' RT ....�..'. / ( / -`^` ACm DOCe N09 2004036071 ' \/ Oe Ps R. w. C. To . ` F I NAL PLAT OF ' \` R.,�.'`'. TDWN i CENTRE SECTION ONE ` =' CAB� ^, '..iF -�,'.`. ` PeRe`.CeTo ` \` . . .—' L.`'' \ .-.555 SO* \ WATERLINE EASEMENT 4 +Vtia ^449. 77# RT ' LOT 6 .` we .01 4110- left Iwo ..t ab _— '''� �, ' NUMBE - R_ D--IRECTION D I -STANCE Ll S8 1* 54 44 W 15*031 L2 N8`i 331 33"E 1 5m 13" ALWOO-0 woopoo PARCEL PLAT SHOWING `:.[ER.. OF A-.` PARTNERS LTDq& SCALE PROJECT y 1 60 GATT I S SCHOOL ROAD WILLIAMSON OMAS SU y RAC a 609 PARCEL 31 EXHIBIT " L E G E N D PLAT TO ACCOMPANY PARCEL DESCRIPTION 11/12/19 PAGE 3 OF 3 • 1/2" IRON ROD FOUND, UNLESS NOTED CENTER LINE Q IRON SET W/ PLASTIC CAP R PROPERTY LINE ( ) RECORD INFORMATION STAMPED "INLAND-4933" —�— LINE BREAK Q IRON ROD FOUND W/PLASTIC t� 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 C7 11It IRON PIPE FOUND, UNLESS NOTED 2 STMSE STORM SEWER EASEMENT X X CUT FOUND SSE SANITARY SEWER EASEMENT 0 MAG NAIL FOUND P. U. E. PUBLIC UTILITY EASEMENT ♦ 60/D NAIL FOUND D. R. W. C. T. DEED RECORDS L� MAG NAIL SET WILLIAMSON COUNTY, TEXAS 0. R. W.C. T. OFFICIAL RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0 IRON ROD W/ ALUMINUM CAP O.P. R. W. C. T. OFFICIAL PUBLIC RECORDS STAMPED "ROW-4933" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) P.R. W. C. T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordfnotes 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.2015883-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MARCH 27, 2020, ISSUE DATE APRIL 8, 2020. 1. RESTRICTIVE COVENANTS: CABINET W, SLIDES 330-331, PLAT RECORDS, DOCUMENT NO. 2002091941, DOCUMENT NO. 2003071653, DOCUMENT NO. 2004013115, DOCUMENT NO. 20040360719 DOCUMENT NO. 2005019780, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 10A. 10' FOOT SLOPE AND PUBLIC UTILITY EASEMENT, ALONG WITH AN ADDITIONAL 5 FOOT PUBLIC UTILITY ALONG THE WEST PROPERTY LINE AS SHOWN ON PLAT AND DEDICATION, AFFECTS AS SHOWN. B. WATERLINE EASEMENT TO THE CITY OF ROUND ROCK, TEXAS RECORDED IN DOCUMENT NO. 2004055803, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. C. PUBLIC UTILITY EASEMENT TO THE CITY OF ROUND ROCK, TEXAS RECORDED IN DOC. NO. 2006041972, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. D. TERMS, CONDITIONS, AND STIPULATIONS IN THE DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND RECORDED IN DOCUMENT NO. 20020919419 AMENDED IN DOCUMENT NO. 2003071653, DOCUMENT NO. 2004032061 AND DOCUMENT NO. 2005019780, SUPPLEMENTED IN DOCUMENT NO. 2004013115, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. F. TERMS, CONDITIONS, AND STIPULATIONS IN THE EASEMENT AGREEMENT RECORDED IN DOCUMENT NO. 2002091943, AMENDED IN DOCUMENT NO. 2003005124, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DO NOT AFFECT. G. TERMS, CONDITIONS, AND STIPULATIONS IN THE SIDEWALK AND UTILITY EASEMENT AGREEMENT RECORDED IN DOCUMENT NO. 2002091944, AMENDED IN DOCUMENT NO. 2003005123, AND DOCUMENT NO. 20031200719 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DO NOT AFFECT. H. TERMS, CONDITIONS, AND STIPULATIONS IN THE AMENDED AND RESTATED EASEMENT, CONSTRUCTION AND MAINTENANCE AGREEMENT RECORDED IN DOCUMENT NO. 2003005125, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE. I. TERMS, CONDITIONS, AND STIPULATIONS IN THE TRASH DUMPSTER EASEMENT AGREEMENT RECORDED IN DOCUMENT NO. 20040320627 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE. J. TERMS, CONDITIONS, AND STIPULATIONS IN THE POSSESSION AND USE AGREEMENT RECORDED IN DOCUMENT NO. 2001038661, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, PARTIALLY AFFECT AS SHOWN. L. NOTICE REGARDING ORDINANCE NO. Z-02-01-24-8B1 RECORDED IN DOCUMENT NO. 2002035296, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE a BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY A SURVEY MA E ON THE �`.•• % S T »�`•• SHOWN HEREIN! VAS DETERMINED BY �►-�� �� GROUND NDE Y D ECT S RVISION. L J •s••.$..•••.�s�s�s�.�.t�r•sNM k STEPHEN TRUESDALE --- M. STEPIN T U SDALE DAT •`•••"••••R`+`••`+••�•�••� 4933 .' • REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR .,, 5 g �?.•.,�a INLAND GEODET I CS, LLCQ '"•••••"► FIRM REGISTRATION NO. 100591-00 S U 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK TEXAS 78681 PARCEL PLAT SHOWING PROPERTY OF I N LAN D u AUSTACO 11 REAL ESTATE GEODETICS PROFESSIONAL LAND SURVEYORS PARTNERS, LTD* PARCEL 31 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, Tx. 78681 SCALE PROJECT COUNTY PH. (512) 238-1200, FAX (512) 238-12S1 FIRM REGISTRATION NO. 100591-00 j " = 60' GATT I S SCHOOL ROAD WILLIAMSON _ - - - � - _ - - - .. ... � . - � - _ � � � r- . .- r. -. � w.. .. . w w - . - . • . . i. r s aw .+ • +I r. r • • II'. •r • T r .1 r . I J _ EXHIBIT if B it Parcel 7 DEED Gattis School Road Ph. 3 Right of Way THE STATE OFT XAS § COUNTY OF WI IAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM T S INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITYNUMEB R LICENSE NUMBER. NOW,T EREFOR KNOWALLBYT S PRESENTS: That AUSTACO II REAL ESTATE PARTNERS, LTD., 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, 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 0.057 acre (2,461 square foot) tract of land out o situated in the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas;ore fully described in Exhibit "A", attached hereto and incorporated herein arc-el7 SAVE AND EXCEPT, HOWEVER, it i*s expressly understood and agreed that Grantor is 40 retaining title to the following improvements located on the property described i*n said Exhibit 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 encroac,hments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations,covenants,, cond'tions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record I*n the Official Public Records of Williamson County, Texas, that affect the property, but only o the extent that said items are still valid and I*n force and effect at this time. 00450219.DOC Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waIs ives 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 Is 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 ass to interfere with tile 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, ca iche, iron ore,, gravel or any other road building material upon, in and under said land for the construction-.4-,M-.L%AM"."".L.tenmce of Gattis School Road. TO HAVE AND TO HOLD the property herein described and herein conveyed together with all and singular the rights and anpurtenances thereto in any wise belonging unto City of Round Rock,, Texas and its assigns forever;and Grantor does hereby bind1tself, its heirs, executors,, administrators, successors and assigns to Warrant and Forever Defend all and Is 'D ed unto City of Round Rock, Texas and its assigns singular the said premises herein convey against every person whomsoever lawfully claiming or to claim the same or any part thereof. This deed i*s being del*vered in lieu of condemnation. INWITN SSis executed onthl*s the 10 4AtA so k two, ,,,,,.-- 2020* [signature page follows] 2. GRANTORO AUSTACO II REAL ESTATE PARTNERS, LTEI, 0 9 a Texas 111*"nit Name.4o'-14 r '. Its* IIN artnership ACK-NOWLEDGMENT STATE OF TEXAS _iiiwiiii� COUNTY OF This0 '.`'..^-'-..,-. acknowledged 2020 b. in r�..,....'.'`n' PREPARED IN T OFFICE "'F. 4AA before me on thl*s the 'iO day of the canaci'ty and for N tary Public,, State Sheets & Crossfield P.C. 0 309 East Main Round Rock,, Texas 78664 GIIANT `'.`KLI..,..lD...E7,,'. City of Round Rock Attn. City Clerk 221 Mai'on Street Round Rock,, Texas 78664 A,'_... R CORDING R TURN 0. '' ---' ' the purposes der\ation and consi REGINALD S, CAJAYON Notary Public, State of Texas Ism got# wo twove Comm. Expires 03-30-2022 0 4:16 Notary ID 131513272