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
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WITH S MY H AN SEAL f�oundiRock, Willi ms `County, Texas.•
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M. tep en Truesdal D to .�isr•��+++++4*"000604'*s'si�
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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
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10" WIDE PoUaEo EASEMENT
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DOC* NO* 2001038661
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1504 CHISHOLM TRAIL RD, . 103
ROUND ROCK, TX 78681
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11/12/19
PAGE 3 OF 3
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1/2" IRON ROD FOUND, UNLESS NOTED
CENTER LINE
Q
IRON SET W/ PLASTIC CAP
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PROPERTY LINE
( )
RECORD INFORMATION
STAMPED "INLAND-4933"
—�—
LINE BREAK
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IRON ROD FOUND W/PLASTIC
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DENOTES COMMON OWNERSHIP
CAP, AS NOTED
P.O.B.
POINT OF BEGINNING
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COTTON GIN SPINDLE FOUND
P.O.C.
POINT OF COMMENCING
N. T. S.
NOT TO SCALE
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11It IRON PIPE FOUND, UNLESS NOTED
2
STMSE
STORM SEWER EASEMENT
X
X CUT FOUND
SSE
SANITARY SEWER EASEMENT
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MAG NAIL FOUND
P. U. E.
PUBLIC UTILITY EASEMENT
♦
60/D NAIL FOUND
D. R. W. C. T.
DEED RECORDS
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MAG NAIL SET
WILLIAMSON COUNTY, TEXAS
0. R. W.C. T.
OFFICIAL RECORDS
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CALCULATED POINT
WILLIAMSON COUNTY, TEXAS
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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.
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k STEPHEN TRUESDALE
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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
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wo
twove Comm. Expires 03-30-2022
0 4:16
Notary ID 131513272