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Contract - Spiritual Assembly of Baha'is of Round Rock, Texas - 9/10/2020 (2)REAL ESTATE CONTRACT Gattis School Road Ph. 3 Right of way THIS REAL ESTATE CONTRACT ("Contract") is made by and SPIRITUAL ASSEMBLY OF BAHA' IS OF ROUND ROCK, TEXAS, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 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 0.226 acre (9,863 square foot) tract of land out of and situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas, being a portion of that called 2.00 acre tract of land described in Warranty Deed recorded in Document No. 9623250, Official Records, Williamson County, Texas; said 0.226 acre tract of land being more fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 26); 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 P>>rrhas,P 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 SEVENTY-SEVEN THOUSAND NINE HUNDRED FORTY-FIVE and 00/100 Dollars ($77,945.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in good funds at the Closing. 00448510.DOC R-2Dzo --- 02,L�=;! 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 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: 16 (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 beingconveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closi"na Date 5.01. The Closing shall be held at the office of Independence Title Company on or before July 30, 2020, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the contract (which date is herein referred to as the "Closing Date"). Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed conveying good and indefeasible title i*n fee simple to all of the Property described in Exhibit "A", free and clear of any and all liens and restrictions, 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 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 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", 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 Obl0 igations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. 3 Prorations 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, however, Seller shall otherwise be responsible for all ad valorem taxes to the date of deeded ownership transfer. Agricultural roll -back taxes, if any, which directly result from this transaction and transfer 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, I*f any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively as incurred. ARTICLE VI BR -EACH 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 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, 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 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 hereunderi"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 Apply 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 respective heirs, executors, administrators, legal representatives, successors and assigns where -0 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 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. 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 nerespecting the within subject matter,, 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. 5 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. Com.pliance 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 i*s 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 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] SELLER: SPIRITUAL ASSEMBLY OF BAIHA'IS OF ROUND ROCK, TEXAS Name: Dale L. Ricklefs Its: Chairperson Date: August 19, 2020 PURCHASER: CITY OF UND ROC ,TEXAS By: Craig Mor an, M or Date: • 0 ' 2(JZ %/ Address: PO Box 5284 Round Rock, TX 78683-5284 Address: 221 E. Main Street Round Rock, Texas 78664 03'05aa2019 Page 1 of 4 County.n Williamson Parcel. .' Project. Gattis School Road 'ROPE:`. DESCRIPTION FOR PARCEL 26 DESCRIPTION OF A 0.226 A.!. SQUARE FOOT) TRACT OF LAND SITUATED IN T.`... HOLDER SURVEY, ABSTRACT NO, 2971 IN WILLIAMSON COUNTY, TEXASBEING A PORTION OF THAT CALLED 2.00 ACRE ?'.,. OF LAND DESCRIBED IN WARRANTY DEED TO SPIRITUAL ASSEMBLY OF BAHAIS OF ROUND ROCK, INC. RECORDED IN DOCUMENT NO. 9623250 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0,226 ACRE (9,863 SQUARE FOOT)...> TRACT OF LAND BEING 'MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS A. FOLLOWSS COMMENCING at `./�^..,.`.�r`/ ..>.1-.°..r,`. �.��'`..` �'^�'.-.�x..x!,. 81+51.73, bei*ng the northwesterly corner of said 2.00 -acre tract, same bei"ng the northeasterly corner of the remainder of that called 2,00 acre tract of land descr*ibed in Special Warranty Deed to Nathan Lel"stico and Kent Leisbco recorded in Volume 2074, Page 716 of the Official Records of Williamson County, Texas, THENCE, with the remainder of the 2,00 acre tract and said 2.00 acre tract,S,04........di',ta.`.f^1-.,.`,ir~.',L.lu_,.,'< stamped"ROW 4933" set (Gdd Coordinates, determined as N~10154573..15, E=3143302.04 TxSPC Zone 4203)0`) 78,.68 feet left of proposed Ga'ttis School Road Baseline S tion 81+65.05, in the proposed no erly RightnaofmWay (ROW) line of said Gattis School Road (ROW width van"es), for the northwesterly comer and POINT OF BEGINNING of4the herein described tract; .) THENCE, departing said remainder of the 2.00 acre tract, with said proposed northerly ROW line, through the interior of said 2.00 acre traot, S 851136141 11 E, for a distance of 238.55 feet to an i6ron rod with aluminum cap stamped '-.W'.,3" set 67.35 feet left of proposed Gafti's School Road Baseline Station 84+02.,05, being 'in the easterly boundary line of said 2.00 acre tract, same being in the westerly boundary line of another called 2.00 acre tract described 'in Warranty Deed with Vendors Li*en to Spi"ritual Assembly Of Baha'is Faith of Round Rock, Texas, 'recorded in Document No,, 2000012742 of the Official Pubfic Records of Williamson County, Texas, for the northeasterly corner ofthe herein described tract, and from which a 1/2" iron rod found, being the common northerly corner of both 2,.00 acre tracts bears, with the common boundary line of said 2.00 acre tracts N 02*42'29* W at a distance of 338.80 feet; 2) THENCE de p*arting said romsed northerly ROW line, with said common boundary line of both 2.00 acre tracts, S 0204212911 E, for a distance of 2841 feet -to a 1/2" iron rod found in the existing northerly ROW line of sal-d Gatbs* School Road (ROW width being the common southerly corner of said 2.00 acre tracts, for the southeasterly comer of the herein des ,n".xd tract; `. THENCE, departing said Baha'is Faitha . 2.00 acre t.... with said ,.�``g ROW ..� some being the southerly boun'dar line yOf for * distance of 236.85 feet to a 5/8" iron rod found, beinthe southwesterly comer of the herein 2.00 Page 2 of 4 4) THENCE, with the common line of said existing northerly ROW line and said herein 2.00 acre tract, N 02°30'09" W, for a distance of 28.91 feet to a 1/2" iron rod found, being the southeasterly corner of said remainder of the 2.00 acre tract, same being an ell corner in said existing northerly ROW line; 5) THENCE, departing said existing northerly ROW line, with the common boundary line of said remainder of the 2.00 acre tract and the herein 2.00 acre tract, N 02043'14" W, for a distance of 25.80 feet to the POINT OF BEGINNING, containing 0.226 acre (9,863 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 H ND AND SEAL at Round Rock, Williamson County, Texas. vj M. Stephen Truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 Dk + OF 4a„s�ra,��a 00 All C� • It �+ ea�aa♦Maw�y�a#�►+����ar�4�sa�,yi�asa ,Ni: TAP*t�FUB#s .�3 V- 49 so Su S:1_RTGIGATTIS SCHOOL -WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 26-SPIRITUAL ASSEMBLY OF BAHAISIPARCEL 26-SPIRITUAL ASSEMBLY OF BAHAIS.doc RONALD D. LUTZ, AND WIFE, '`'A L. LUTZ ,..c ACo ) VOL. 2538, PGo Os Re We Co 0 Pe 00 co STA* 81+51s73 391 e 16" LT JR9 358 \ NATHAN LEISTICO .,,KENT LEISTICO \ (REMAINDER OF 2o00 A`'` \ VOL* 2074v PGo 716Os Re We Ce To . EXHIBIT . .PLAT M ACV- OMPANY PARCEL MICHAEL W. MILLARD AND WIFEt VOL*ANGELA KELLY MILLARD 0* 00 ACe ) 2430, PG 260 Os Re We Ce To now~ - (N890 34" 15"E 23roo 634F DWPJMON 03/05/19 ' ',`` 3 Of ` R I TA H. GEORGE \ `.'^' ACe ) DO -Cm NOs 2003066118 Os Pe Re We Co To ._. NUMBER DIRECTION D I STANCE. L I S02* 4 2 29 " E 28o 61 L2 N020 30" 09 " W 28m 91 (L 2) (S02" 401 34 E (2-9* 00" L3 NO2'0 43" 14 "W 25m 80" p^ A,, HOLDER SURVEY A`' ,'^ ^2�' Bs'5'TRA SPIR.ITUAL ASSEMBLY OF BAHAIS_ OF ROUND ROCK, INCe (2* 00 ACs ) DOCo NO* 9623250 Oe Re We Co To . .' `, 1 = 60' .SPIRITUAL ASSEMBLY OF \BAHA' -I FAITHACs OF ROUND ROCK, TEXAS (2\ ''-. ...,LTNO* DOCe'2000012742 STAs 8 1 *65* 05 26 '^`. Oe.'`'.`''.' 78. 68*'-6� . COORDINATES: 101 A \ Eu3143302.04N= 91863GRID .'`84+02s05 'dw dm —:0 f INE I N L A N D u mi GEODETICS -i A PROF"'MIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. a 103 ROUND ROCK, TX. 78681 14L (S 12) 238-1200o FAX (S 12) 238-12 S I FIRM REGISTRATION NOo 100591 —00 PARCEL .L., SHOWING PROPERTY OF sp I R I TUALASSEMBLY OF BAHA I S OF ROUND ROCK I NCO SCALE PROJECT COUNTY I to 601 GATTI S SCHOOL ROAD WILLIAMSON PARCEL '`' S%\vRTG\4ATTlS SCMM 4m WINDY PARK TO RR RANCH RD\PARCELS\PARCEL'26wSPlRlTUAL _~``,,''^'^,,,.`..,,.,`�`,,,.,'�.,,,°.,,,,.'s,`, EXHIBIT " PLAT wa TO ACCOMPANY PARCEL, DESCRIPTION LEGEND ® 1/2" IRON ROD FOUND, UNLESS NOTED CENTER LINE Oo IRON SET W/ PLASTIC CAP R PROPERTY LINE ( ) RECORD INFORMATION STAMPED "INLAND-4933" -�- LINE BREAK O IRON ROD FOUND W/PLASTIC N DENOTES COMMON OWNERSHIP CAP, AS NOTED P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING a COTTON GIN SPINDLE FOUND N. T. S. NOT TO SCALE O 1/2" IRON PIPE FOUND, UNLESS NOTED STMSE STORM SEWER EASEMENT X X CUT FOUND SSE SANITARY SEWER EASEMENT ® MAG NAIL FOUND P. U. E. PUBLIC UTILITY EASEMENT ® 60/D NAIL FOUND D. R. W. C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS A MAG NAIL SET 0. R. W. C. T. OFFICIAL RECORDS A CALCULATED POINT P. R. C. T. WILLIAMSON COUNTY, TEXAS 0. W. OFFICIAL PUBLIC RECORDS 0 IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "ROW-4933" SET P. R. W. C. T. PLAT RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS 03/05/19 PAGE 4 OF 4 1) All bearings shown hereon are based on grid bearing. Ail distances are surface distances. Coord1notes ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED 1N CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1920252-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 30, 2019, ISSUE DATE JUNE 10, 2019. 1. RESTRICTIVE COVENANTS: VOLUME 674, PAGE 63, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. IOA. ELECTRIC TRANSMISSION EASEMENT TO TEXAS POWER & LIGHT COMPANY, RECORDED IN VOLUME 337, PAGE 364, VOLUME 3771 PAGE 242, FROM ITS DESCRIPTION CAN NOT BE LOCATED, VOLUME 524, PAGE 124, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. B. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, RECORDED IN VOLUME 544, PAGE 749, VOLUME 558, PAGE 90, FROM ITS DESCRIPTION CAN NOT BE LOCATED, VOLUME 6990 PAGE 905, DOES NOT AFFECT, AND VOLUME 699, PAGE 907, OF THE DEED RECORDS OF WILLIAMSON COUNTY, AFFECTS AS SHOWN. C. ACCESS EASEMENT 30 FEET IN WIDTH RECORDED IN VOLUME 583, PAGE 478, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. OF #•%J T nil I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE , ������s��ii�#!N DALE GROUND U R MY DIRECT UPERV I S I O �� " ���� •�tts••:�Mibsrr+�t�ea+►,�:�si' M. STEPHEN RUESDAL ATE►__ +�T`'" REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR ACQUISITION 0.226 9,863 INLAND GEODETICS, LLC FIRM REGISTRATION NO. 1 00591 -00 CALC/DEED AREA 2. 00 871 120 1 504 CH I SHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 REMAINDER AREA 1 . 774 77 257 , � PARCEL PLAT SHOWING PROPERTY OF I N L A N D u z SPIRITUAL ASSEMBLY OF GEUDETIGS � LAND SURVEYORS BAHAIS OF ROUND ROCK, INC. � /� A R C E L PARCEL 2 6 PROFESSIONAL 1504 CHISHOLM TRAIL RD. STE. 103 I ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY PH. (512) 238-1200, FAX (512) 238-1251 FIRM REGISTRATION NO. 100591-00 1 " = 60' GATT I S SCHOOL ROAD WILLIAMSON S:\«RTG\GATTI5 SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 26-SPIRITUAL ASSLMULY OF BAHAIS OF ROUND ROCK\PARCLL Zb-bF'IHIJUAL AJ'hNdLY Ur bAHAlb Ur hUUNU KQt.K-HLV.vgr Exhibit B Parcel 26 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 PRESENTS0 : That SPIRITUAL ASSEMBLY OF BAHA'IS OF ROUND ROCK, TEXAS, 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 in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All of that certain 0.226 acre (9,863 square foot) tract of land out of and situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County , Texas, being a portion of that called 2.00 acre tract of land described I*n Warranty Deed recorded in Document No. 9623250, Official Records, Williamson County, Texas; said 0.226 acre tract of land being more fully described i*n Exhibit "A", attached hereto and incorporated herein Parcel 261).0 SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor i*s retaining title to the following improvements located on the property described i*n said Exhibit "A" to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages i*n area or boundary lines or any encroachments or any overlapPing of improvements which a current survey would show'o 00448514.DOC 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 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, 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 parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or i*n 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 i*n this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, cali*che, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of Gatti'os School Road. 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 City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. This deed is being delivered I*n lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 20200 [signature page follows] 2. GRANTOR: SPIRITUAL ASSEMBLY OF BAHA'IS OF ROUND ROCK, TEXAS Ub a Name: Its0 : ACKNOWLEDGMENT STATE OF COUNTY OF This instrument was acknowledged 2020 by in recited therein. before me on this the day of , the capacity and for the purposes and consideration Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Attn: City Clerk 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO. 3.