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Contract - VHA Properties, LLC - 11/12/2020 (2)REAL ESTATE CONTRACT Brushy Creek Trail THIS REAL ESTATE CONTRACT ("Contract") i*s made by and between VHA PROPERTIES, LLC, a Texas I*Imited liability company, (referred to i'*n this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to i*n this Contract as "Purchaser"), upon the terms and conditions set forth 149n 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 0.855 acre (37, 253 square foot) tract of land, out of and situated in the P.A. Holder Survey, Abstract No. 297, in Williamson County; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 4); together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller i*n and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to i*n this Contract as the "Property"), and any improvements and fixtures situated on and attached to the Property described herein 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 described I*n Exhibit "A", and any improvements thereon shall be the sum of TWO HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED NINETY-SIX and 00/100 Dollars ($245,296.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable i*n cash at the Closing. Special Provisions 2.03. The obligation of the parties to complete the Closing of this transaction is specifically contingent upon the final approval, execution, and entry of an Agreed Judgment in the amount of $69,704.00 I*n full and final settlement and conveyance of the property interests sought 00457933.DOC in the condemnation suit styled City of Round Rock, Texas v. VHA Properties, LLC and Commerce National Bank; Cause No. 18mO567mCC2, in the County Court aawt LNo. 2 of Williamson County,, Texas. 2.04. By execution of this Contract, Purchaser agrees that Seller shall be permitted and allowed to at its sole cost construct anon-masonry material specification fence on the remaining property of Seller outside of the Property, ien the locations generally as shown on Exhibit "B" attached hereto and incorporated herein, and which must otherwise be located outside of the flood designated areas as currently shown on the City of Round Rock City View maps for 1517 Palm Valley Blvd., as shown on Exhibit "B". 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:0 (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. 2 ARTICLE V CLOSING Closing Date 5.01, The Closing shall be held at the office of Independence Title Company (Georgetown) on or before November 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 I*tems as shown on the Title Commitment or in the contract (which date is herein referred to as the "Closing Date"). Seller's Obl0 igations at Closing 5.029 At the Closing Seller shall0 : (1) Deliver to Purchaser 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 monetary liens and restrictions, including specifically a full and complete release of any existing leases and/or subleases affecting the Property, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) The Deed to Purchaser shall be i*n the form as shown i*n Exhibit "C" attached hereto. (3) Provide reasonable assistance to cause Title Company to deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, I*n 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 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", i*f applicable; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". 3 (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property acquired i*n fee simple shall be prorated as of the Closing Date and shall be adjusted i*n cash at the Closing, but shall otherwise be the continuing obligation of the Seller to satisfy. 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. Agricultural roll -back taxes, I*f any, which directly result from this conveyance shall be paid by Purchaser. Closing 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) Attorneys fees paid by each respectively. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of thl*s Contrac or (2) request that the Escrow Deposit, I*f any, shall be forthwith returned by the title company to Purchaser.. 4 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 1"t 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 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. 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,certifieded mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Avoly 8.02. This Contract shall be construed under and i*n accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable i*n Williamson County, Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where 10 permitted by this Contract. Leal Construction 8.04. In case any one or more of the provisions contained I'*n this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceab1*1*ty shall not affect any other provision hereof, and this Contract shall be construed as 1*f the invalid, illegal, or unenforceable provision had never been contained herein. 5 Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8.06. Time is of the essence Is in this Contract. Gender 8.07. Words of any gender used I*n this Contract shall be held and construed to include any other gender, and words i*n the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser i*s hereby advised that I*t should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date i*s 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] 10 SELLER: PURCHASER: CITY OF ROUND ROCK, TEXAS By: /"0/ Craig orga Mayor Date: k ' �?. UQ 7 ' Address: 1517 Palm Valley Blvd. Round Rock, Texas 78664 wot4otoon Address: 221 East Main St. Round Rock, Texas 78664 Page- 1 of 4 County: Williamson Sept. 18, 2020 Parcel: Parcel 4 {VHA Properties) - Project. Heritage. Trail EXHIBiTA PROPERTY DESCRIPTION FORPARCEL 4 DESCRIPTION OF A 0.855 ACRE {37,253 -SQUARE FOOT), TRACT- OF LAND SITUATED IN THE P. A. HOLDER. SURVEY,, ABSTRACT NO.297, IN. WILLIAMSON COUNTY, TEXAS, BEING APORTION OF LOT II "BLOCK X'017THE OPUS SUl301VIS1*0N.REQ0RDED- IN CABINET Q SLIDES, 41-42 OF THE PLAT RECORDS OF WILLIAMSONCOUNTY TEXAS-4AND-DESCRIBED WARRANTY' DEED WITH VENDOR'S LIEN -. VHA PROPERTIES LLC RECORDED, IN DOCUMENT NO, 2016059253 OF THE OFFICIAL.. PUBLIC RECORDS, OF WILLIAMSON COUNTY, TEXAS, SAID 0.855 ACRE (37,253 SQUARE FOOT) TRACT OF, LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, BEGINNING at an iron rod with plastic cap. stamped -`RPLS 4533" set In -the- westerly- boundary line of said Lot 1, being the easterly boundary line, of that called11.6049 acre tract. of land, conveyed to MFT-The Creek, LLC by instrument recorded- in Document No.2012092901 of -the Official Public. R ecords 'of W.flliamSon CbuntyTexas,for, the most: northwesterly corner of the herein described tract... THENCE, departingid 11,.6049' acre. boundary, fine..following sa throuq I tor of said' Lot- *1 the:- eic,_0h the *nter- jht (8) courses. I) S 7T°35'29 E. for- -a distance.. of fi2.25 feet to an iron. rod with plastic cap stamped "RPLS: 4933" set-. for. an angle 9 IR po nt, 4.1n.% S. 62°56'19 E for a distance of 52.88 feet to an iron rod with plastic cap. stamped - "RPLS 4933" 'Set, for an angle point, % plastic castampedS 13) S 84022161 E for a. distance, of 56.76 feet to:an iro* nrod with'"RPLS, 4933" et, for a. no"nt of P curvature. to the left, I 32"34'33"a radius of 90.00 feet... an arc- length of 51F,17 feet4) Alongsaw curve totheleft, having a delta angle. of and a chord: which -bears, S 13°i7'04" E for a. distance of 5 to an Iron rod with Plastic cap stamped. "RPLS 4933" se# 'for a point of non-tangency-9 stamped ,- 5 S 5S°23'32 E for a distance of 26.55, -feet. -to an- iron rod with plastic cap amned "RPLS 4933"`- set, for a point of curvature to the left; 6) Along said curve. fo the left, having e delta angle of 29°00'05", a radius of 7b.00 feet,. an arc length of 37.9& feet anda chord which bears,. S 73°53'35'" E. for a distance: of 37.56 feet to an iron roil with plastic- cap stamped "RPLS*4933" set, for a.. point of reverse curvature to the right; 7) Along said curve to the: right, having a delta.. angle- of 11°23'38", a radius of 325.Q0 feet, an. arc length of 64.63 feet and a chord which bears'-, S, 82°41'49" E f6r a. distance of 64.52 feet to an iron *rod with plastic' cap stamped "RPLS 4933" sett fora point of nan-tangency; 8)- S 76°59'S9 E for a distance - of 42.56 feet to an iron rod with plastic cap stamp d "RPLS 4933V set, in. the east 0.boundaryline of said Lot 1, being the. west boundary line of that 0.317 acre tract of land -conveyed to Tilden W. and Kimberly J. Baack by instrument recorded in Document No... 2000036940 of the t}fficial Rublic Records of Williamson Gounty, Texas, for a point of curvature. to the.. left;. THENCE, with the common line of said Lot 1 and said 0.317 acre tract, the following three. (3) courses, 9) Along said curve to the left,. having a delta angle of 28°37'S2", a radius of 96.02 feet anarcenthof 47.48 feet and a. chord which bears, S. 54°09'20" E for a distance of 46.99 feet to calculated point. of -..reverse curvature to the right; 4- 'WilliamsonCoUnty, Parcel: Parcel 4'(VHA Properties) Project*, Heritage. Trail Page 2 of 4. Sept. 18, 2020 10) Along. said curve to the right, having a delta- angle of 80°Oa'16",a radius of.55-.01 feet an arc length of 76.82 feetand a- chord which bears, S 28'028'16" E for a distance.of 70.75 feeki-to an iron. rod with- plastic cap. stamped "'RPLS 4933" set, for a point of tangency. 11) S 41°31`45 W for a distanc& of 42-.65 feet to a calculated Point inthe approxi'mate centerline of Brushy Qr*eek- beithesouthe'asterly co*rner of said Lot1same beMg1the southwesterly corner of sa"d* 0,317 acre tract, also ng-, being the northerly boundary line of that 10.727 acre tract of land conveyed ko said TildenW. and Kimberly J. Baack by said Document,. for the -most southeasterly corner of the herein described tract;.12), THENCE, departingsaid G,317 acre. boundary linewith the approx"mate centerline, of Brushy Creek, being the common line of - said Lot, 1 and said 90.727 acre tract, N 63°29'11 W for a distance of 192.41 feet to a calculated angle point, being the northwesterly- corner of said 10.727 acre tract, same- being. the 'northeasterly corner of said 11.6049 acre tract.,* j. THENCE,: departing- said 10.727 acre tract,. with the. common' boundary line of saida"d 11 ,6049 acre's Lot 1 and and in part the approx-im-atedentetfine -of said Brushy Cre k, the following sixcourses.. (6)' W -for a distance of 19400 feet -to -a calculated angle point* 13) N 6*6'00-8-'25 14) N. 83°2T31" W for a- distance. of 84.98 feet to a calculated. angle- point; feet- to a calculated angle point, for. the' southwesterlyof the tierein 15) N .73"00'31" W'for a distance of 99.23. corner described tract; distance,57.49an iron rod with - E for �a of to 16) departing the approximate centerline of said creek, N plastic cap. stamped- "RPLS- 4933" set, for an angle -point; p{astir ."RPLS. 4933*" set,. for an- angle 17) N 20*47'38" W for a distance. of 63.85 feet to' an iron rod with tap- point;. 18} N 50°24`47" W for a distance. of 42.71 feet to the POINT OF BEGINNING, containing 0.855 acres, (37,253 square feet) of I land, more ar less. ' This property description is accompanied by -a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordihate System, Central Zone No. 4203, tVAD 83. THE STATE OF TEXAS 14 KNOW ALL MEN BY �THESE PRESENTS. COUNTY OF WILUAMSON That 1, M. Stephen. Truesdale, a Registered Professional Land Surveyor,do hereby certify that the above, description is true and correct and that the- property, described herein was. determined by a -survey made on the ground under my direct supervision. WfTNE�SS�MY H y AN'.SEAL-R+rrar►d Rock., 4 Va&Ilia. -on County, Texase, ..,.-. 7 -------------- --- - M. Stephen Trusscfale Date Registered Professional Land Surveyor Na. 4933 Licensed State Land Surveyor Inland- Geodetics, LLG Firm Registration No::-- 100591-00. 9504 Chisholm Trait Road, Suite' 103. Round Rock, TX 78681 S:! CORR-PROJECTSJPARKS & RECtNERiTAGETRAIL/GTOWN-GRIMES/PARCELSNNA PARCEL4.DpC ML (o 933 F N..Xe: 0.0 -7 *44- 1,, 06 AX F4mi3 ----------------- PLAT TOACCOMPANY DESC ------------------------- N016., DIRECTION DISTANCE L.1 S77°35'29"E 62.25' L2 S62°56'19"E 52.86' !,3 584°22'51°E 56.76' LA . S59°23'32"E 26.55' L5 S76°59'S9°E 92.56' LG SII°.31°45"W 42.65' L7 N66`08'25"W 19.00' L8 N83°27'31°°W 84.18' L9 N73°00'31"W -- --------- 99.23' L!C} N23°39'34"E. 57.09L11 N2-0'047'38"W- 68-VS.---I ------ L12 N50°24'47"W. --- I Am -------42v71* F -f 0.0 WATER: LINE EASEMENT (7,472'SQ. FL) DOC, _N0.0 91,808233 (VAR�A9 AND PER PLAT WID TH - PUE KER PLAT P . RIVATE WASTEWNtER EA.S.Eh-4ENT DOC.. No. 98.E 9 11 AND PER.'PtAT PAM akoolll b_%ft -R AW%ftft% MLG.., kkk,- 0, W. ®R! L Jill %%ft w,* %ftmvdb ,Wkpm WAAS W..M All %ftl VPwA", WW" WV%W '411l ell vv-, ------------ &.� . L . PAR K i AIM MM N G- s P*O* VHA PROPERTIE DOC* NO* 2016059253 N *^l OoPaRMOrc. *T* 3 -:'' ,: ZZ, L BLOCK "A�.I. STEPS OPUS -SUBDIVISION A 1R• 01 SLIDE 41-42 P'.R.W.C.T. 30' WIDE ACCESS EASEMENT EXHIBIT "'B" VO:Ls, 518, PG. 2131' 1 VOL. 846j, PGs, 764, .4 LOT' 1 C. C3 37,253 SQ. Fll D. M.1NA(%7-E YER* EA-%,EM ENT TOWAS13 lq� -A PER. PL GITY OF ROUND �:C3CK $ -10" WIDE WATERLWE EA.SEM ENT VOL-30 1347, PAG-E 597 D.R, %`1 1. C:b T. b MFT-THE CREEK, . LLC (11.6049 AC.} bOC. NO. 2012052901 O.P.R.W.C. . roll r1 F1�"I"�.�I �7` f�1J. �.�1 (0 4TILDEN W. & KIMBERLY J. DAACK (io:727 AC) DOG. NO. 2000036940 O.P.R.W.C.T. NUMBER- ------------------ DELTA --------------- ------------- RADIUS --m - L_ENG7H CHORd -------------- - GHQRD BEARING GI 32°34':i3" 90.Q0' S1.17° 50.48' S13"17'04"E c2 219,000051 75.00- 37*96' 137.5 573°53'35"EC3 11023--300 325,00' 64,63' 64,52 S82041*419"E14 AN OF C-4 28'37'S2" 95.02` 47.48' 46*99' S5400:9'20"E C5 a0"0011611 55604' 7670.73'.82' S2Q°?_6't6"E.. . . ..... . ................. . ........... ...... am I N L A N D u E`-T I - C. X., G. EO D ........ PROFESSIONAL LNESURVEYORS ?; 504 CHISHOLM TRAIL RD. STE. 103 ROUNDTX. ROCK, X. 78681 PH, (512} Z; FAX {512j 238-1251 FIRM REGISTRATION NO,, 100591 -00 M M �100 1 100 PRIVATE WASTEWATER: EASEMENT 10* WIDE ,olDOC,: No** 9838400 e00000, 0- * RAC.T. AND.- PER PLAT FSC ROCKING HORSE RANCH ASSOCIATES:, LLC (20.895 ACRES) QOC. NO. 2412022307 O.P.R.W.C.T. CITY OF DOC., ROUND ROCK, TEXAS (2.354 AC.) . N0. 2a17020305 O.P.R.W.C.T. TtLDEN W. &��` KIMBERLY J. BAACK'�' �'����. (0*34 7 L AC) DOC. NO* 2Q0403B940 .� O.P.R.W.C.T: PARCEL 4 0.855 ACRES 37,253 SQUARE" FEET REVISED: os/1 a/2o2o PAGE. 3 aF 4 Atli W&_PQnPP PT IP-94� 4-1-MIA-M Awn -M 'PLAT TO ACCOm PANY DE /^.-.. WITH CA-P SET STAMPED "IN'LAND-4-9.33. IRON ROD WITH CAP FOUND 1/2:" IRON ROD FOUND UNLE'SS' NOTED CALCULATED POINT PROP*ERTY LINE D.E*ED- R-.ECORDS COUNTY, TEX.A*$ PLAT 'RECORDS COUNTYs TEXAS WILLIAMSON WIL'LIAMSO-N 0,R.W.C.T. OFFICIAL RECORDS 0.P.R.W*4Q*T* OFFICIAL PUBLIC RECORDS. TEXAS- P.Ua,.E* PUB.LIC.-`..�AS-E`E._ P40-*B** POINT OF BEGINNING RECORD'INFORMATION `'^``'�- s-.`��o"., distan.cesz.s'�e d'istonces.co6rdinates.e..^:e.c; .-`'/`''''S`.'~,C,_-'.`,�r,�.��-r..Z�� THE SURVEY SHOWN HEREON WAS P-REPARED.. IN C'ONJUNCTION WITH TH-AT COMMITMENT FOR TITLE. INSUR.ANC. E GF NO* 16-0964.2-GT.N, ISSUED BY TITLE. RES:OURCES GUARANTY CO*MPANYt EFFECTIVE DATE FEB*,R'UA.RY 12, 20.18, ISSUE- DATE FEBRUARY- 21t 2018'*- 9609150 OF THE OF*FICIAL RECORDS Of WILLIAMS-ON COUNTYt TEXASt SU13JECT TO, . . EASEMENT* T.TEXAS -'./, LIGHT COMPANY, RECORDED. .-''z."..,�^`DEED RECORDS .. WILLIAMSON- COUNTY, TEXAS,- FROM ITS DE'S-CR,IPTION CANNOT B-E LO'CATED., J. EASEMENT VO-LUME. 3-75-, PAGE 621, DEED RECORDS* OF WILLIANISO-N. COUNTY, TE'XAS:j FR-OM ITS* DESCRIPTION CANNOT BE LOCATED. 'E.AS`ME..LONE' STAR '^'OM.-`,'EzRDED*.`UMEs.PAGE 33..DEED RECORDS `- '_._MS_ COUNTY,. TEXA.-S BLANKET EASEMENT S U-BAND MODIFIED OR AMENDED IN: VOLU'M,E 947, PAGE 60,017FICIAL RECORDS OF WILLIAMSON COUNTY, TEX-AS, DOE� NOT AFFEC--T. ^ TO �'��^�```/C-!'..'�'�E...`'_�d�,,E�~.--E^e.�``F WILLIAMSON COUNTY. TEXAS:, FROM ITS DESCRIPTION CAN.NOT BE LOCATED, M. EASEMENT TO TEXLI.G-H.T O'`NY, R-ECORDED IN VOLUME 443. PAGE 188, DEED RECORDS OF WILLIAMSON COUNTY, TEXA� FR-OM ITS. DESCRIPTION'CANNOT BE LO-CATED, I HEREB*Y'C-ERT1FY THAT THIS P-I-..AT ISTRUE,AND THAT THE PROPERTY SHOWN HEREO-N WAS DETERMINED. BY A S-URVEY'MAD.E ON THE GROUND UND-ER MY DIRECT' SUP.ERVISION-0 _ ^`'.,.,`14___T-7S___E p D'A T E REGISTEREDPROFESSIONAL.`..S-`.E..,.^.s3' __.'. LICENSED STATE LAND SURVEYOR- FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TR-AIL ROAD, SUITE 103 ROUND RO-CK, TEXAS 78681 N L. A N D..- u GE .0 D E 'C.S. PROFESSIONAL LAND SURVEYORS OUN. ROCK, TXx 78681 R 'D. PH, (512) 238-1200, FAX (512) 238-1251 1 FIRM REGISTRATION NO., 100591 ­,00 1 . rm PA. C 0,855 ACRE'S 3.12� 3 S - ARE FEET REVISED., 09/18/2020 PAGE 4 OF 4 .QA -~`='�.-p-P, Avon EXHIBIT "C" Parcel 4 DEED Brushy Creek Trail 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 VHA PROPERTIES, LLC, a Texas limited liability company, 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 I*s 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 i"n the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All of that certain 0.855 acre (37, 253 square foot) tract of land out of and situated I*n the P.A. Holder Survey, Abstract No. 297 I*n Williamson County, Texas; more fully described I*n Exhl*bl't"A". attached hereto and incorporated herein (Larcel 4LI) SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is Is retaining title to the following improvements located on the property describedin 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; 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 I*n the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and I*n force and effect at this time. 00454169.DOC 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 in any way 40 interfere with, jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard to the public users thereof. 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 'D against every person whomsoever lawfully claiming or to claim the same or any part thereof., IN WITNESS WHEREOF, this instrument i*s executed on this the day of ... 20200 GRANTOR, VHA PROPERTIES, LLC a Texas limited liability company Name0 : Its0 : 2. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of 2020 by in the capacity and for the purposes recited therein. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfiield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS0 : City of Round Rock Attn: City Clerk 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: tj and consideration