CM-2022-278 - 11/11/2022REAL ESTATE CONTRACT
Red Bud (South) Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ROBERT M.
AND SOPHIA CARLIN (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 0.017-acre (723 square foot) tracts of land out of and situated in
the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas; more
fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 5);
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 SIX THOUSAND ONE HUNDRED FIFTY and 00 l00 Dollars
($6,150.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash or other 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 beingconveyed onveyed to Purchaser in lieu of and under threat of
condemnation.
ARTICLE V
CLOSING
Closing Date
5.01, The Closing shall be held at the office of Rise Title Company on or before
November 30, 2022, or at such time, date, and place as Seller and Purchaser may agree, or within
10 days after the completion of any title curative matters 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 monetary 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 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
3
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,
but shall otherwise be the continuing obligation of Seller to fully satisfy. Agricultural roll -back
taxes, if any, which directly result from the completion of this transaction and conveyance 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
6.01. 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
7.01. 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
4
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.
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 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.
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.
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.
Contingent Possession and Use Agreement
8.12. Upon completion of (1) the full execution of this Contract by all parties, and (2)
acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the
Title Company, Purchaser, its agents and contractors shall be permitted at any time after
December 31, 2022 to enter and possess the Property prior to Closing for the purpose of
completing any and all necessary testing, utility relocation and construction activities associated
with the proposed roadway improvement construction project of Purchaser on the Property or
other obligations of this Contract, and Seller agrees to make any gate access available to
Purchaser, its contractors or utility facility owners as necessary to carry out the purposes of this
paragraph. The parties further agree to continue to use diligence in assisting with any title curative
measures or mortgage lien release required by the Contract to complete the Closing of the
purchase transaction.
6
SELLERS:
Robert M. Carlin
Sophia Carlin
PURCHASER:
CITY OF ROUND ROCK, TEXAS
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Date: / l ` I( _ do
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Address: 1850 Red Bud Lane
Round Rock, Texas
Address: 221 E. Main Street
Round Rock, Texas 78664
County: Williamson
Parcel: 5
Project: Red Bud Lane
10-18-2022
EXHIBIT
A Page 1 of 4
PROPERTY DESCRIPTION FOR PARCEL 5
DESCRIPTION OF A 0.017 ACRE (723 SQUARE TOOT) PARCEL OF LAND SITUATED iN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO.409, IN WILLIAMSON COUNTY, TEXAS, BEING THE
REMAINDER OF THAT CALLED 2.500 ACRE TRACT (TRACT 1) DESCRIBED IN A WARRANTY DEED
TO ROBERT M. CARLIN AND WIFE, SOPHIA CARLIN RECORDED IN VOLUME 1747, PAGE 414 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 0.017 ACRE (723 SQUARE
FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at an iron rod with plastic cap stamped "Bury & Partners" found, being a
common ell corner in the northerly boundary line of Lot 1, and Lot 2 of the Stonecrest Retail subdivision
recorded in Cabinet V, Slide 360-361 of the Plat Records of Williamson County, Texas, also being in the
southerly boundary line of the remainder of said 2.600 acre tract;
THENCE, departing said Lot 2, with the common boundary line of said Lot 1 and the remainder of said
2.500 acre tract, N 87'43'36" E, for a distance of 349.08 feet to an iron rod with aluminum cap stamped
"CORR ROW 4933" set 60.97 feet left of Red Bud Lane Baseline Station 25+27.49 (Grid Coordinates
determined as N=10,156,098.23, E=3,153,033.02 TxSPC Zone 4203) in the proposed westerly Right -of -
Way (ROW) line of Red Bud Lane (ROW width varies), for the southwesterly corner and POINT OF
BEGINNING of the herein described parcel;
THENCE, departing said Lot 1, with said proposed ROW line, through the interior of the remainder of said
2.500 acre tract, the following two (2) courses:
1) N 02°34'00" W, for a distance of 48.20 feet to an iron rod with aluminum cap stamped "CORR
ROW 4933" set 61.05 feet left of Red Bud Lane Baseline Station 25+75.69, for the northwesterly
comer of the herein described parcel;
2) N 87"55'19" E, for a distance of 15.00 feet to an iron rod with aluminum cap stamped "CORR
ROW 4933" set 46.05 feet left of Red Bud Lane Baseline Station 25+75.59 In the existing
westerly ROW line of Red Bud Lane (ROW width varies), same being the easterly boundary line
of said remainder of the 2.500 acre tract, for the northeasterly corner of the herein described
parcel and from which an iron rod with plastic cap stamped "Baker Aicklen" found, being the
southeasterly corner of the remainder of that called 2.50 acre tract of land described in a Texas
General Warranty Deed with Vendor's Lien to Cynthia Gail Karkoska and Malinda Ann Buratti
recorded in Document No. 2015017968 of the Official Public Records of Williamson County,
Texas, same being the northeasterly corner of the remainder of said 2.500 acre tract bears
N 02°34'00" W, at a distance of 204.05 feet;
3) THENCE, with the easterly boundary line of said remainder of the 2.500 acre tract, same being
said existing westerly ROW line, S 02034'00" E, for a distance of 48.16 feet to an iron rod with
plastic cap stamped "Baker Aicklen' found in the northerly boundary line of said Lot 1, being the
southeasterly corner of said remainder of the 2.500 acre tract, same being an ell corner in said
existing ROW line, for southeasterly corner of the herein described parcel;
County: Williamson
Parcel : 5
Project: Red Bud Lane
10-18-2022
Page 2 of 4
4) THENCE, departing said existing ROW line, with the common boundary line of said remainder of
the 2.500 acre tract and said Lot 1, S 87*43'36" W, at a distance of 3.53 feet pass an iron rod
with aluminum cap stamped "CORR ROW 4933" set 49.50 feet left of Red Bud Lane Baseline
Station 25+27.45 for an ell corner In said proposed ROW line and continuing for a total distance
of 15.00 feet to the POINT OF BEGINNING, containing 0.017 acre (723 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 hest of my knowledge and belief and that the property described
herein was determined by a survey made on the ground under my direct supervision.
WITNESS2MYAND AND SEAL at Round Rock, Williamson County, Texas.
� Oct
M. Stephen I rue dale
Registered Professional Land Surveyor No. 4933 OF
Licensed State Land Surveyor 91'� .• ; s'r r••
Inland Geodetics
Firm Registration No: 100591-00 „„....................•
1504 Chisholm Trail Road, Suite 103 f4 M STEPHENTRUE$[
Round Rock, TX 78681 4933�t
S:1LJAIRED BUD-GATTIS-EVERGREENIPARCELS%PARCEL 5-CARLINTARCEL 5.D SURD
Date
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PLAT TO ACCOMPANY PARCEL DESCRIPTION
CYNTHIA GAIL KARKOSKA, &
MALINDA ANN BURATTI
REMAINDER OF 2.50 ACRES
DOC. 2015017968
0.P.R.W.C.T.
(589'53'43"E 432.14')
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NO2. 34' 00"W
48. 20'
L2
N87'55'19"E
15.00'
L3
S024 34' 00"E
48. 15'
L4
S87.43' 36"W
15.00'
10 P.M.
E.
VOL. 855, PC. 340
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10/18/2022
PARCEL PLAT SHOWING PROPERTY OF
I N L. A N D
ROBERT M. CARLIN & Wife.
PARCEL 5
G EO D ETI CS
PROMSIONAL LAND SURVEYORS
SOPHIA CARLIN
0.017 ACRES
1504OKTRAIL E. 103
ROUNDROC,,TX. 78681
723 Sq. Ft.
SCALE
PROJECT
COUNTY
PH. (512) 238-1200. TAX (512) 238-1251
FIRM REGISTRATION NO. 100591-00 jff
1" - 40'
1 COUNTY ROAD 122 (REDBUD LANE)
WILLIAMSON
aer.F (1F d
&iLJA1RED BUD-GATTIS-EVERGREEMPARCELSIPARCEL 5.CARUTAPARCEL 5.CARLINAgn
PLAT TO ACCOMP
LEGEND
♦
60D NAIL FOUND
LINE BREAK
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IRON ROD WITH ALUMINUM CAP
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P.O.B.
POINT OF BEGINNING
STAMPED "CORR ROW 4933" SET
P.O.R.
POINT OF REFERENCE
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IRON ROD WITH PLASTIC OR
ALUMINUM CAP FOUND - AS NOTED
1
RECORD INFORMATION
P.R.
. W.C.T.
PLAT RECORDS
1/2 IRON ROD FOUND
WILLIAMSON COUNTY, TEXAS
®
COTTON GIN SPINDLE FOUND
D.R.W.C.T.
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
X
X CUT FOUND
O.R.W.C.T.
OFFICIAL RECORDS
CALCULATED POINT
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
Q
PROPERTY LINE
WILLIAMSON COUNTY, TEXAS
DENOTES COMMON OWNERSHIP
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, NAD 83, CENTRAL ZONE.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.T-164954,ISSUED BY
TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JULY 11, 2022, ISSUE DATE JULY 18, 2022.
1. RESTRICTIVE COVENANTS= VOLUME 793, PAGE 579, VOLUME 855, PAGE 340, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, DOCUMENT NO.
2006030340, SUBJECT TO.
10I21. BUILDING SETBACK LINES AS SET FORTH IN INSTRUMENT RECORDED IN VOLUME 793, PACE 579 AND VOLUME 855, PAGE 340, DEED
RECORDS, WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
3. A 10 FOOT PUBLIC UTILITIES CASEMENT ALONG ALL BOUNDARY LINES AS SET OUT IN VOLUME 855, PAGE 340, DEED RECORDS, WILLIAMSON
COUNTY, TEXAS, AFFECTS AS SHOWN.
4. AN ELECTRIC DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AS DESCRIBED IN VOLUME 390, PAGE 41, DEED
RECORDS, WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
5. AN ELECTRIC POWER LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AS DESCRIBED IN VOLUME 464, PAGE 165, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
6. AN ELECTRIC POWER LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AS DESCRIBED IN VOLUME 464, PAGE 173, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
7. AN ELECTRIC POWER LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AS DESCRIBED IN VOLUME 504, PAGE 641, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, DOES HOT AFFECT.
8. A PIPELINE EASEMENT GRANTED TO MANVILLE WATER SUPPLY CORPORATION AS DESCRIBED IN VOLUME 581, PAGE 698, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
9. AN ACCESS EASEMENT AS DESCRIBED IN VOLUME 848, PAGE 540, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
12. ALL TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN ORDINANCE NO. A-06-04-13-981 OF RECORD IN DOCUMENT NO. 2006035210,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
13. ALL TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN ORDINANCE NO. Z-06-11-21-962 OF RECORD IN DOCUMENT NO. 2006104332,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT `
SUPERVISION. r rr1� OF
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M. ST €N T SDALE DATE Ztl�t 1 M. STEPr1EN 1RUJII
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REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 �' � s 9 dS83 r Q,
LICENSED STATE LAND SURVEYOR '�]'L afi 010
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INLAND GEODETICS Q �,
FIRM REGISTRATION NO. 100591-00 BLIR
1504 CHISHOLM TRAIL ROAD. SUITE 103
ROUND ROCK, TEXAS 78681
10/18/2022
PARCEL PLAT SHOWING PROPERTY OF
INLAND ROBERT M. CARLIN & Wife, PARCEL 5
GEOD>ETICS
PROFESSIONAI. LAND SURVEYORS SOPHIA CARLIN 0,017 ACRES
1504 CHISHOLM TRAIL RD. STE. 103 7 S q. F f .
ROUND ROCK, TX. 79681 SCALE PROJECT COUNTY
PH.612) 238-1200, TAX ISI2123E-1251
FIRM REGISTRATION NO. 100591-00 JW 1" = 40' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 4 OF 4
$,%LJAIRED BUD-DATTIS-EVERGREEWARCEL5IPARCEL 5•CARLINIPARCEL S.CARUN.dgn
Parcel q
Exhibit "B"
DEED
Red Bud Lane (South) 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 ROBERT M. AND SOPHIA CARLIN, hereinafter referred to as Grantor, whether
one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the receipt and
sufficiency of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and
Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying
and being situated in the County of Williamson, State of Texas, along with any improvements
thereon, being more particularly described as follows (the "Property"):
All of that certain 0.017-acre (723 square foot) tract of land out of and situated in the
Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas; more fully
described in Exhibit "A", attached hereto and incorporated herein Parcel 5 .
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 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
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/Red Bud Lane.
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 by, through or under
Grantor.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2022.
[signature page follows]
2.
GRANTOR:
Robert M. Carlin
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
I.
This instrument was acknowledged before me on this the day of ,
2022 by Robert M. Carlin in the capacity and for the purposes and consideration recited
therein.
Notary Public, State of Texas
GRANTOR:
Sophia Carlin
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the day of ,
2022 by Sophia Carlin in the capacity and for the purposes and consideration recited therein.
Notary Public, State of Texas
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.
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing the City Manager to execute a Real Estate Contract with
Robert and Sofia Carlin for the purchase of a 0.017 acre parcel required for
construction of the proposed Red Bud South roadway project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/11/2022
Dept Director: Gary Hudder, Transportation Director
Cost: $6,150.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: CARLIN(5)--0.017 A. signed r.o.w field notes 10.24,22, CARLIN(5)--Contract for
RBS (signed by sellers) 11.2.22, LAF - Real Estate purchase contract w- Carlin
Red Bud South--0.017 acre -- Parcel 5
Department: Transportation
Text of Legislative File CM-2022-278
The appraised value of this tract is $5,169.00. The contract purchase price of $6,150.00 is a negotiated
amount with the seller for land only.
Cost: $6,150.00
Source of Funds: Round Rock Transportation and Economic Development Corporation (Type B)
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