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R-2022-144 - 4/28/2022RESOLUTION NO. R-2022-144 WHEREAS, the City of Round Rock ("City") desires to purchase 0.114 acres required for construction of the Gattis School Road Phase 3 Project (Parcel 25); and WHEREAS, Nathan Leistico and Kent Leistico, the owners of the Property, have agreed to sell said Property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Nathan Leistico and Kent Leistico for the purchase of the above -described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of April, 2022. CRAIr MCRGAI�Mayor City of Ro nd Ro , Texas ATTEST: MEAGAN S y KS, C' Clerk 0112 20222. 4E94-9250-7292 No Text EXHIBIT "Alp .10 REAL ESTATE CONTRACT Gattis School Road Ph. 3- Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between NATHAN LEISTICO and KENT LEISTICO, (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 0.114 acre 4,970 square foot) tract of land out of and situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas; more fully described in Exhibit "A", attached hereto and incorporated herein Parcel L5); 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 be the sum of NINETY THOUSAND SEVEN HUNDRED THREE and 00/100 Dollars ($90,703.00). Pursuant to the terms of that certain Possession and Use Agreement between the parties which was recorded as Document No. 2021057392 of the Official Records of Williamson County, Texas, Purchaser paid to Seller the amount of 73 805.00. Therefore, the remaining balance of the Purchase Price now due and owing from Purchaser in satisfaction of this Contract is SIXTEEN THOUSAND EIGHT HUNDRED NINETY-EIGHT and 001100 Dollars ($16,898.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in good funds at the Closing. 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 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 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: (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 being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Texas National Title Company on or before May 31, 2022, 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 in 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 I[[ 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 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", 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) Pay the cash portion of the Purchase Price. 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 is 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 the transfer of the Property contemplated in this Contract 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, if 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 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; or (2) request that the Escrow Deposit, if 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, 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, 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. 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, 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 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 permitted by this Contract. Le al 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 respecting 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. 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 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. [signature page follows] GRANTOR: l _ _ e Leistico ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF V11-LPWSON § This instrument was acknowledged before me on this the ol3 day of 2023 by Kent Leistico, in the capacity and for the purposes and consideration recited therein. "roe,. EEVACARR gyp. Notary Pub11c. State of TeHss Comm. Expires 1a22-2025 Notary Public State of Texas Notary ID 1334084D8 PREPARED IN THE OFFICE OF: Sheets & Crossfield, PLLC. 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: 4. GRANTOR: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the 07 day of kofr-A 120W 2022 by Nathan Leistico, in the capacity and for the purposes and consideration recited therein. J. EEVA CARR e Notary Public, State of sexes Comm. Expires 10-22-2028 Nolary 1D 133408409 'e-zlz Notary Public, State of Texas 3. SELLER: Nathan Leistico Date: 3 ,C z� Date:. /Z --' 5 /ZA222— PURCHASER: CITY OF ROUND ROCK, TEXAS A/ By:.-. - 4— Craig mot an, M fr Date: 28 2 Z. Address: 376%L�,,,4. 76 Address: P(7 7 o ." rRL. Address: 221 E. Main Street Round Rock, Texas 78664 03-05-2019 Page 1 of 4 EXHIBIT County: Williamson Parcel: 25 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL_ 25 DESCRIPTION OF A 0.114 ACRE (4,970 SQUARE TOOT) TRACT OF LAND SITUATED iN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 2.00 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NATHAN LEISTICO AND KENT LEISTICO RECORDED IN VOLUME 2074, PAGE 716 OF THE OFFICIAL RECORDS OF WILLiAMSON COUNTY, TEXAS, SAID 0.114 ACRE (4,970 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 112" Iron rod found, 391.16 feet left of proposed Gattis School Road Baseline Station 81+51.73, being the northeasterly corner of said remainder of the 2.00 acre tract, same being the northwesterly corner of that called 2.00 acre tract 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; THENCE, with the common boundary tine of said remainder of the 2.00 acre tract and said 2.00 acre tract, S 02°43'14" E. for a distance of 312.83 feet to an iron rod with aluminum cap stamped "ROW 4933' set (Grid Coordinates determined as N=10154573.15, E=3143302.04 TxSPC Zone 4203), 78.68 feet let of proposed Gattis School Road Baseline Station 81+65.05 In the proposed northerly Right -of -Way (ROW) line (ROW width varies) of said Gattis School Road, for the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed northerly ROW line, continuing with said common boundary line, S 02°43'14" E, for a distance of 25.80 feet to a 1/2' iron rod found, being an ell corner in the existing northerly ROW line of said Gattis School Road (ROW width varies), same being the southeasterly corner of said remainder of the 2.00 acre tract, for the southeasterly corner of the herein described tract, and from which, a 5/8" iron rod found, being the southwesterly corner of said 2.00 acre tract, same being an ell comer in said existing northerly ROW line of said Gattis School Road bears, with the common line of said 2.00 acre tract and said existing ROW line, S 02*3909' E, at a distance of 28.91 feet; THENCE, departing said 2.00 acre tract, with, in part, said existing northerly ROW line of Gattis School Road and, in part, the existing easterly ROW line of Double Creek Drive (ROW width varies), the following three (3) courses: 2) S 88°04'10" W, for a distance of 158.80 feet to an iron rod with plastic cap (unknown) found, for the point of beginning of a non -tangent curve to the right; 3) Along sold non -tangent curve to the right transitioning from said existing northerly ROW line of Gattis School Road to said existing easterly ROW line of Double Creek Drive, having a delta angle of 90°09'44", a radius of 30.00 feet, an arc length of 47.21 feet and a chord which bears N 45047'32" W, for a distance of 42.49 feet to a calculated point of non -tangency; 4) N 02°01'02" W, for a distance of 20.55 feet to an iron rod with aluminum cap stamped 'ROW 4933" set 102.02 feet left of proposed Gattis School Road Baseline Station 79+79.47, being said proposed northerly ROW line of Gattis School Road, for the northwesterly comer of the herein described tract; THENCE, departing said existing easterly ROW line of Double Creek Drive, with said proposed northerly ROW line, through the interior of said remainder of the 2.00 acre tract, the following two (2) courses: Page 2 of 4 5) S 46-58'31" E, for a distance of 35.38 feet to an iron rod with aluminum cap stamped "ROW 4933" set 77.00 feet left of proposed Gattis School Road Baseline Station 80+04.49, for an angle point; 6) N 88°01'29" E, for a distance of 163.40 feet to the POINT OF BEGINNING, containing 0.114 acre (4,970 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 ZLAL at Round Rock, Williamson County, Texas. M. Stephen Truesdale y Date 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 S:1 RTGIGATTIS SCHOOL -WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 25-LEISTICOWARCEL 25-LEISTICO.doc EXHIBIT " DT.AT Tn ACr-nMPANY PARM. DFSM- 11 ON NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C1 90' 09' 44" 30. 00' 47. 21 ' 42. 49' N46' 47' 32"W (CI) (89' 52' 29") (30. 00') (47. 06') (42. 38') (N46. 57' 39"W) >a 0 It �f �4 Ill4 8,.,•M1�� I i I�°ao I av, j MICHAEL W. MILLARD RONALD 0. LUTZ, JR. AND WIFE, II AND WIFE, SARA L. LUTZ ANGEtA KELLY MILLARD (1.00 AC.) i (1.00 AC.) VOL. 2538, PG. 358 VO1.. 2430, PG 260 0. R. W. C. T. 0. R. W. C. T. cwa9' 33' 57"E'183. 73' ) 03 /05/ 1'9 PAGE 3 OF 5 P. 0, U. 0 30 60 STA. 81.51. 73 391. 16' IT 60' VL 11i v I IAt %�� B LS ice. NO. 9- / 1) ] Si 1iT NATHAN LE[STICO and KENT LEISTICO (REMAINDER OF 2.00 AC.) NN VOL. 2074, PG. 716 1;� 0.R.W.C.T. +m l �I fr pt ROCf,G R1•:K. '(SAS 1� •+t !0 AIiE F.U.E 1 H--tr1: 1,0 7012nruv, o P. it. N, C. 1. STA. 79.79.47 ll 102.021 LT m I STA. 80.04.49 77.00' IT / III 1 N r M N 1r1 s to r1 v ` fh oo�o i- V, In l� z ll -- ikk 25 1 0. 1 14 AC. 4,970 S0. FT. SPIRITUAL ASSEMBLY OF BAHAIS OF ROUND ROCK, INC. (2.00 AC.) DOC. NO. 9623250 O.R.W.C,T. P. 0. B. STA. 81.65.05 78.6B' ITGRID COORDINATESr N•10154573.15 E•3143302.04 ` N88'01'29"E 163.40' pL PROPOSED R. 0. W. v �' ' � r � _ - 1 �Esx, Pa�iR e. 1,1c•�t to. s T G ?' WME EASE41H1 w SB$' 04' 10"W 1 58. 80 Ym. 699, "t. Sot -(988, 05'-44J'YI -1 58: 7�_'') + 4p,+ � CITr J•- rtt)'JK^ .rxA. ixAS i _ _ ,ass 1 ^0. 5%e }CRC F.01! tRAfi il � TaF 'I fY 0.1 ROffifl R6"F DOC. r+_. 'AC iCf.dfi5T S CCR"LC1 (6 !" .� yis s.tnE r.D.e. o:c %0. 200me1rlc EXTS.T_1NG R.O..W._ _�- k� _Y0L �13-1 4-a :•L-------.._- O.r.R. B.G:r .- NUMBER DIRECTION DISTANCE L1 S02.43'14 E 25.80' L2 S02' 30' 09"E 28. 91 ' (L2) (S02'40'34"E) (29.00') L3 NO2'01'02"W 20.55' L4 S46'58'31"E 35.38' N O1 0 PROPOSED Ga7Ti5 SCHOOL ROAD SASELINE'm 8 r 82.00 0+ 7 GATTIS SCHOOL ROAD '" m tR.D.r. 010TH VARIES) n' m a . '--- -----'•••-4 •1 ` .1 .� 4 d-'i -,I •-+i...,�. , PARCEL PLAT SHOWING PROPERTY OF I N L. A N D u NATHAN LE I ST I CO AND GEODerICS a KENT LE I ST I CO PROFE¢SIONAL Il.ND 5URVEYOq$ PARCEL 25 1504 CHISHOLM TRAIL RD. STE. 103 ROUNO ROCK, Tx, 78681 SCALE PROJECT COUN - Y PH. (S' 21 }38.1200, FAX 1512; 238-1251 FIRM RIGISTRAT10NNo. 100S91-00 1" = 60' GATTIS SCHOOL ROAD WILLIAMSON EXHIBIT "&" " T TO ACCOMPANY PA] 03/05/19 PAGE 4 OF 5 11 All bearings shown hereon are based on grid bearing, All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAO 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1920250-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 30, 2019, ISSUE DATE JUNE 10, 2019. I, RESTRICTIVE COVENANTS, VOLUME 674, PAGE 33, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. IOA. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 420, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT BE LOCATED. B. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 451, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. C. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 455, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT, D. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED 1N VOLUME 304, PAGE 573, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. E. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 308, PAGE 31, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. F. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 325, PACE 621, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, NO RECORD OF DEED FOUND. G. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 337, PAGE 364, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT BE LOCATED. H. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 240, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 242, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. J. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 419, PAGE 248, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. K. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 524, PAGE 124, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. L. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 544, PAGE 749, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. M. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 558, PAGE 90, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. N. ACCESS EASEMENT RECORDED IN VOLUME 583, PAGE 478, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 0. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 699, PAGE 903, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. P. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 699, PAGE 907, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. 0. WATER/SEWER/PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS RECORDED IN VOLUME 1347, PAGE 601, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. R. PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS, RECORDED IN DOCUMENT NO. 2012023738, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECT AS SHOWN. IN LAN Du GEODETICS PROFESSIONAL LAND SURVEYORS 1 SO4 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. IS 1212 38-1200, FAX 1S 121238-1251 I FIRM REGISTRATION NO. 10OS91-00 0 PARCEL PLAT SHOWING PROPERTY OF NATHAN LEISTICO AND KENT LEISTICO SCALE PROJECT COUNTY V = 60' GATTIS SCHOOL ROAD WILLIAMSON PARCEL 25 n .T TO ACOOMPANY PARCEL LEGEND • %2" IRON ROD FOUND, UNLESS NOTED C CENTER LINE 0 IRON SET W/ PLASTIC CAP t PROPERTY LINE RECORD INFORMATION STAMPED "INLAND-4933"1 LINE BREAK Q IRON ROD FOUND W/PLASTIC tV DENOTES COMMON OWNERSHIP CAP, AS NOTED P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING O COTTON GIN SPINDLE FOUND N. T. S. NOT TO SCALE O %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 D. R. W. C. T. DEED RECORDS • 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS A MAC NAIL SET 0. R. W. C. T. OFFICIAL RECORDS CALCULATED POINT 0. P. R. W. C. T. WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS O 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 I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF FAY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER Y DI EG7 SUPERyj.SION. r M. STEF17MEN TRUESDALE DATE 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, TEXAS 78681 IN LAN D u GEODETIC51 VROFESSfONAL LAND Sl1RVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND RO(X Tx 78681 pH. 612) 278-1200, FAX (512) 238-125 I I FIAM REGISTRATION N0.100S9r-00 F PARCEL PLAT SHOWING PROPERTY OF NATHAN LEISTICO AND KENT LEISTICO SCALE I COUNTY 1" = 60' GATTIS SCHOOL ROAD WILLIAMSON 03/05/19 PACE 5 OF 5 ACQUISITION 1 0. 114 1 4,970 CALC/DEED AREA 1. 446 63,000 REMAINDER AREA 1. 332 1 58,030 PARCEL 25 Parcel 25 EXHIBIT "B" 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 NATHAN LEISTICO and KENT LEISTICO, 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 hock, 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 (the "Property"): All of that certain 0.114 acre (4,970 square foot) tract of land out of and situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas; more fully described in Exhibit "A", attached hereto and incorporated herein Parcel 25 SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the Property described in 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 in 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 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 Iand 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 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. 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 in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of , 2022. 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