CM-2020-243 - 9/11/2020REAL 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 terns and conditions set forth in this
Contract.
ARTICLE I
PURCHASE AND SALE
Subject to the terns 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 0.243 acre (10,584 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 12 ;
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, 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 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 NINE THOUSAND and 00/100 Dollars ($9,000.00).
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 Seller'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
2.02 The Purchase Price shall be payable in cash or wired funds at the Closing.
REAL ESTATE CONTRACT -PAGE 1
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ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01 The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are
subject to the satisfaction of 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 Closing 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,
Email: jbecliara@independencetitle.com on or before September 30, 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").
REAL ESTATE CONTRACT —PAGE 2
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 lines 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:
(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.
REAL ESTATE CONTRACT— PAGE 3
Proration
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 Closing.
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 tWs 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 imposed upon it by the terms and provisions of this Contract, and
Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy
hereunder in such event.
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 pennitted by this Contract;
provided, however, Purchaser may not assign this Contract to any entity which does not possess the power of
eminent domain without the written consent of SeIIer.
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
8.06 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 this 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 legal 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 this Contract will be deemed
to expire at 5:00 p.m. 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 terni "business day" will mean any day upon which national banks in DaIIas, 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 this 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.
REAL ESTATE CONTRACT —PAGE 6
Notices to Purchaser
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").
[signature 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
�'j I
By: vjvk_lz�
Julia alke ., Vice Press t
Address: 10210 N. Cen ressway
Dallas, Texas 75231
Email: ihawes Livirovidentrealty.net
Date: 7 — 2 — Z. c---)
With Copy To:
Cherry Petersen Landry Albert LLP
8350 N. Central Expressway, Suite 1500
Dallas, Texas 75206
Attn: Stephanie Urano
Email: surano(d?cplalaw.com
Phone: 214-265-9109
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
13,aAmbl� Ci� nager
Date: ,
REAL ESTATE CONTRACT -PAGE 8
Address: 221 E. Main Street
Round Rock, Texas 78664
Email: Ihadley@roundrocktexas.gov
roundrocktexas.gov
08/27/2020
,L� Page 1 of 8
EXHIBIT '`
County: Williamson
Parcel: 12-A
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 12-A
DESCRIPTION OF A 0.243 ACRE (10,584 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA
THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
THE REMAINDER OF THAT CALLED 14.801 ACRE TRACT (EXHIBIT A, FIRST TRACT) AND
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 0.243 ACRE (10,584 SQUARE FOOT)
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a 1/2" iron rod found 307.80 feet right of proposed Gattis School Road Baseline
Station 55+93,60, being an angle point in the westerly boundary line said remainder of the 14.801 acre
tract, same being the southeasterly corner of Lot 1, Block A, Randall's Town Centre, Section One, a
subdivision of record in Cabinet W, Slides 330-331 of the Plat Records of Williamson County, Texas, also
being the northeasterly corner of Lot 1B, Block A, Replat of Randall's Town Centre, Section Three a
subdivision of record in Document No. 2014005749 of the Official Public Records of Williamson County,
Texas;
THENCE, departing said Lot 16, with the common boundary line of said Lot 1, and said remainder of the
14.801 acre tract, N 00009'00" W, at a distance of 217.13 feet, pass an iron rod with aluminum cap
stamped "ROW 4933" set 90.74 feet right of proposed Gattis School Road Baseline Station 55+99.37,
being an ell corner in the proposed southerly Right -of -Way (ROW) line of said Gattis School Road (ROW
width varies), and continuing with said common boundary line and said proposed southerly ROW line, for
a total distance of 234.76 feet to an iron rod with aluminum cap stamped "ROW 4933" set (Grid
Coordinates determined as N=10,154,294.11, E=3,140,744.11 TxSPC Zone 4203), 73.12 feet right of
proposed Gattis School Road Baseline Station 55+99.82, for the southwesterly comer and POINT OF
BEGINNING of the herein described tract;
1) THENCE, departing said proposed southerly ROW line, continuing with said common boundary
line, N 00°09'00" W, for a distance of 25.00 feet to an iron rod with plastic cap stamped "TERRA
FIRMA" found, being the common northerly corner of said Lot 1 and said remainder of the 14.801
acre tract in the existing southerly ROW line of said Gattis School Road (ROW width varies), for
the northwesterly corner of the herein described tract;
THENCE, departing said Lot 1, with the northerly boundary line of said remainder of the 14.801 acre tract,
and said existing southerly ROW line, the following three (3) courses:
2) S 89°52'45" E, for a distance of 95.21 feet to an Iron rod with plastic cap found (unreadable), for
a non -tangent curve to the left;
3) Along said curve to the left, having a delta angle of 01°56'57", a radius of 5741.58 feet, an arc
length of 195.32 feet and a chord which bears N 89'05'29" E, for a distance of 195.31 feet to an
iron rod with plastic cap found (unreadable), for a point of non -tangency, and from which, a
concrete monument with disk found bears N 23036'06" E, at a distance of 0.35 feet;
Page 2 of 8
4) N 88°09'14" E, for a distance of 154.04 feet to the calculated point, being the northeasterly
corner of said remainder of the 14.801 acre tract, same being the northwesterly corner of that
called 3.667 acre tract of land described in Special Warranty Deed to GSR Capital, LLC recorded
in Document No. 2020087302 of the Official Public Records of Williamson County, Texas, for the
northeasterly corner of the herein described tract, and from which, an iron rod with plastic cap
stamped "RPLS 5207" bears N 65°27'54" W, at a distance of 0.51 feet;
5) THENCE, departing said existing southerly ROW line, with the common easterly boundary line of
said remainder of the 14.801 acre tract and the westerly boundary line of said 3.667 acre tract,
S 65027'64" E, for a distance of 54.11 feet to an iron rod with aluminum cap stamped "ROW
4933" set 77.15 feet right of proposed Gattis School Road Baseline Station 60+93.54 in said
proposed southerly ROW line, for the southeasterly corner of the herein described tract and from
which, an iron rod with plastic cap stamped "RPLS 5207", being an angle point in said common
boundary line bears S 65°27'54" E, at a distance of 108.75 feet;
6) THENCE, departing said 3.667 acre tract, through the interior of said remainder of the 14.801
acre tract, with said proposed south ROW line, S 88047'39" W, for a distance of 493.72 feet to
the POINT OF BEGINNING, containing 0.243 acre (10,584 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 MY HAND AND SEAL at Round Rock, Williamson County, Texas.
J J�eL,-1
-„ 6 C/ e O
M. Stephen Tr esdale
Registered Professional Land Surveyor No. 4933
Date
OF
Licensed State Land Surveyor
Inland Geodetics, LLC
9�p
Firm Registration No: 100591-00
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1504 Chisholm Trail Road, Suite 103
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Round Rock, TX 78681
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EXHIBIT B
Parcel 12
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 tlus 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:
1. 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 pennitted, 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
encroachments 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.
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,
ironing 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.
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
EXH1Brr 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
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 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. CentraI 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 #lA
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 #lA 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: 12020 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 Hawes, Jr., Vice President
STATE OF TEXAS
COUNTY OF DALLAS
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.
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 «nvw.upperbrushvcreekwcid.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: 12020 CITY OF ROUND ROCK, TEXAS
M
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
ExmlB1T C - PAGE 9
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City of Round Rock
ROUND ROCK
TEXA5 Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with Hickerson Round Rock
Land, LP for the purchase of a 0.243 acre right of way parcel required for
construction of the proposed improvements to Gattis School Road Ph. 3
(Parcel 12A).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/11/2020
Dept Director: Gary Hudder, Transportation Director
Cost: $9,000.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: LAF-00454310.PDF, RE Contract-00454220.PDF
Department: Transportation Department
Text of Legislative File CM-2020-243
The proposed purchase contract price of $9,000 ($0.85/SF) was negotiated with the owner and
approved and recommended for approval by the Transportation Director. This parcel is
completely within flood plain/detention easement area, and was recently split from a larger
parent tract by sales transaction. The developable portion of the tract has been redesignated as
Parcel 126.
Cost: $9,000.00
source of Funds: RR Transportation and Economic Development Corporation (Type B)
City of Round Rock Page 1 of 1