CM-2023-025 - 2/10/2023REAL ESTATE CONTRACT
Chisholm Trail Right Turn Lanes Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between REGIONS
BANK (referred to in this Contract as "Seller") 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 agrees to sells and convey, and Purchaser agrees to purchase and
pay for, the tract(s) and/or interest(s) of land described as follows:
All of that certain 0.0321 acre (1,397 SF), more or less, out of the David Curry
Survey, Abstract No. 130, in Williamson County, Texas; said parcel of land being
more particularly described by metes and bounds in Exhibit "A" attached hereto
and made a part hereof ("Parcel I"), together with all and singular the rights and
appurtenances pertaining to Parcel I, including any right, title and interest of
Seller in and to adjacent streets, alleys or rights -of -way appurtenant to Parcel 1
(all of such real property, rights, and appurtenances being referred to in this
Contract as the "Property"), and any right, title and interest of Seller in and to any
improvements and fixtures situated on and attached to the Property not otherwise
retained by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below; and
Temporary Construction Easement interest across all of that certain 0.0333 acre
(1,450 SF) tract, more or less, out of the David Curry Survey, Abstract No. 130,
in Williamson County, Texas; said parcel of land being more particularly labeled
as "Temporary Construction Easement" on the survey in Exhibit "A- I" attached
hereto and made a part hereof (the "TCE").
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property, the TCE, and any damage to or cure for the
remaining property of Seller resulting from this purchase, shall be the sum of THIRTY-SIX
THOUSAND EIGHT HUNDRED NINETY-FOUR and 00/100 Dollars ($36,894.00), subject to
the terms and conditions of the TCE Agreement (as hereinafter defined).
066 290 39 1
Payment of Purchase Price
2.02. The Purchase Price shall be payable at the Closing by wire transfer.
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, to Seller's actual knowledge, as
follows:
(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; and
(b) The Property is not in violation of any applicable laws, ordinances, regulations,
statutes, rules and restrictions relating to the Property.
4.02. The Property herein is being conveyed to Purchaser in lieu of and under threat of
condemnation.
06690239 1 2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be by overnight delivery and wire transfer through the offices of
Texas National Title Company (the "Title Company") on or before March 10, 2023, or at such
time, date, and place as Seller and Purchaser may agree (which date is herein referred to as the
"Closing Date").
Seller's Obligations at Closiniz
5.02. At the Closing, Seller shall:
(1) Deliver to the Title Company a duly executed and acknowledged special warranty
deed (the "Deed") in the form attached hereto as Exhibit "B" conveying title in fee simple to all of
the Property, free and clear of any and all monetary liens and restrictions, except for the
following:
(a) Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements;
(b) Standby fees, taxes and assessments by any taxing authority for the year
2023, and subsequent years;
(c) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and
other minerals, together with all rights, privileges, and immunities relating
thereto, appearing in the Public Records;
(d) Homestead or community property or survivorship rights, if any of any
spouse of any insured;
(e) Any title or rights asserted by anyone, including, but not limited to,
persons, the public, corporations, governments or other entities,
to tidelands, or lands comprising the shores or beds of navigable or
perennial rivers and streams, lakes, bays, gulfs or oceans, or
ii. to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
iii. to filled -in lands, or artificial islands, or
iv. to statutory water rights, including riparian rights, or
06690239 1 3
v. to the area extending from the line of mean low tide to the line of
vegetation, or the rights of access to that area or easement along and across
that area;
(0 Any matters of record that lawfully impact the Property; and
(g) Any exceptions approved by Purchaser in writing.
(2) Deliver to the Title Company a duly executed and acknowledged counterpart of the
temporary construction easement agreement (the "TCE Agreement") in the form attached hereto as
Exhibit "C".
(3) Deliver to the Title Company a duly executed and acknowledged owner's affidavit
in the form attached hereto as Exhibit "D".
(4) Deliver to the Title Company a copy of the secretary certificate in the form
attached hereto as Exhibit "E".
(5) Deliver to Purchaser possession of the Property.
(6) Deliver to the Title Company a duly executed counterpart of the closing statement
consistent with this Contract in the form required by the Title Company (the "Closing
Statement").
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Deliver to the Title Company, for disbursement to Seller, the Purchase
Price by wire transfer.
(b) Deliver to the Title Company a duly executed and acknowledged
counterpart of the TCE Agreement.
(c) Deliver to the Title Company a duly executed counterpart of the Closing
Statement.
(d) Deliver to the Title Company such evidence as may be reasonably required,
evidencing the status and capacity of Purchaser.
06690239 1 4
(e) Execute and/or provide such other reasonable documents as may be
required to be executed and/or provided to complete the transaction
contemplated hereunder and/or which is otherwise required or
contemplated in this Contract.
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 such amount shall be remitted by the Title Company to the
applicable tax assessor 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 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. Purchaser hereby represents and
warrants and otherwise covenants and agrees with Seller that Seller shall not be responsible for
any taxes or assessments in connection with the Property after the Closing, and Purchaser shall
cause the applicable tax assessor to exclude any taxes or assessments otherwise attributable to the
Property from Seller's tax payment obligations arising after the Closing. The terms and conditions
of this paragraph shall survive the Closing.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) The cost of the title commitment, if any, the cost of all title search/abstract costs, if
any, the cost of any Owner's Title Policy (including the cost of any endorsements
included), the cost of any escrow or closing charge of the Title Company, and the
cost of the survey to be paid by Purchaser.
(2) Deed (the cost of preparing and recording, including the cost of any documentary
stamps, and the total cost of any deed, intangible, and/or transfer tax, if applicable),
tax certificates, and title curative matters, if any, paid by Purchaser.
(3) Attorney's fees paid by each respectively as incurred.
(4) All other closing costs shall be paid by Purchaser.
06690239.1
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, and provided that such failure continues for a period of ten (10) business days after
written notice from Purchaser, then Purchaser may, as its sole and exclusive remedy, enforce
specific performance of this Contract.
ARTICLE VII
BREACH BY PURCHASER
7.01. In the event Purchaser should fail to fully and timely perform any of its obligations
hereunder or shall fail to consummate the purchase of the Property and Purchaser being in default
and Seller not being in default hereunder, Seller shall have the right to receive the amount of
$5,000 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 for such party on the
signature page attached hereto.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of 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
06690239 1 6
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.
Compliance
8.08 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
8.09 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
8.10 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.
Condition of"As Is" Property
PURCHASER ACKNOWLEDGES THAT EXCEPT FOR ANY EXPRESS
WARRANTIES AND REPRESENTATIONS CONTAINED IN THIS CONTRACT, IF ANY,
0669023-) 1 7
PURCHASER IS NOT RELYING ON ANY WRITTEN, ORAL, IMPLIED OR OTHER
REPRESENTATIONS, STATEMENTS OR WARRANTIES BY SELLER OR ANY AGENT
OF SELLER OR ANY REAL ESTATE BROKER OR SALESMAN. ALL PREVIOUS
WRITTEN, ORAL, IMPLIED OR OTHER STATEMENTS, REPRESENTATIONS,
WARRANTIES OR AGREEMENTS, IF ANY, ARE MERGED HEREIN.
OTHER THAN AS SPECIFICALLY DISCLOSED HEREIN, SELLER HAS NOT
MADE, DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES,
REPRESENTATIONS, COVENANTS OR GUARANTEES, EXPRESSED OR IMPLIED, OR
ARISING BY OPERATION OF LAW, AS TO THE MERCHANTABILITY, HABITABILITY,
QUANTITY, QUALITY OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS
SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
BY CLOSING, PURCHASER AFFIRMS THAT IT (i) HAS INVESTIGATED AND
INSPECTED THE PROPERTY TO ITS SATISFACTION AND IS FAMILIAR AND
SATISFIED WITH THE CONDITION OF THE PROPERTY AND (ii) HAS MADE ITS OWN
DETERMINATION AS TO (a) THE MERCHANTABILITY, QUANTITY, QUALITY AND
CONDITION OF THE PROPERTY, INCLUDING THE PRESENCE OF TOXIC OR
HAZARDOUS SUBSTANCES, MATERIALS, OR WASTES OR OTHER ACTUAL AND
POTENTIAL ENVIRONMENTAL CONTAMINATES, AND (b) THE PROPERTY'S
SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. PURCHASER
HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION ON AN "AS 1S",
"WHERE IS" AND "WITH ALL FAULTS", INCLUDING ENVIRONMENTAL, BASIS AND
ACKNOWLEDGES THAT (i) WITHOUT THIS ACCEPTANCE, THIS SALE WOULD NOT
BE MADE, (ii) THAT THE PURCHASE PRICE REFLECTS THE EXISTING CONDITION OF
THE PROPERTY, INCLUDING THE PRESENCE OF ENVIRONMENTAL
CONTAMINATION, IF ANY, THEREON, AND (iii) SELLER SHALL BE UNDER NO
OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIR, ALTERATION,
REMEDIATION OR OTHER WORK OF ANY KIND WITH RESPECT TO ANY PORTION
OF THE PROPERTY.
EXCEPT AS OTHERWISE AGREED TO HEREIN, SELLER IS HEREBY RELEASED
BY PURCHASER AND ITS SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL
RESPONSIBILITY, LIABILITY, OBLIGATIONS AND CLAIMS, KNOWN OR UNKNOWN,
INCLUDING (1) ANY OBLIGATION TO TAKE THE PROPERTY BACK OR REDUCE THE
PRICE, OR (2) ACTIONS FOR CONTRIBUTION OR INDEMNITY, THAT PURCHASER OR
ITS SUCCESSORS AND ASSIGNS MAY HAVE AGAINST SELLER OR THAT MAY ARISE
IN THE FUTURE, BASED IN WHOLE OR IN PART, UPON THE PRESENCE OF TOXIC OR
HAZARDOUS SUBSTANCES, MATERIALS, OR WASTES OR OTHER ACTUAL OR
POTENTIAL ENVIRONMENTAL CONTAMINATES ON, WITHIN OR UNDER THE
SURFACE OF THE PROPERTY.
PURCHASER FURTHER ACKNOWLEDGES THAT THE PROVISIONS OF THIS
PARAGRAPH HAVE BEEN FILLY EXPLAINED TO PURCHASER AND THAT
066902391 8
PURCHASER FULLY UNDERSTANDS AND ACCEPTS THE SAME. THE PROVISIONS
OF THIS PARAGRAPH SHALL SURVIVE CLOSING
(REMAINDER OF PACE INTENTIONALLY LEFT BLANK]
06690239 1 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
by their respective duly authorized representatives as of the date set forth above.
SELLER:
REGIONS BANK
By: v�
Name: Jonathan T Tucker
Its: Vice President
Date: February 2, 2023
If to Seller: Regions Bank
Corporate Real Estate
250 Riverchase Parkway East, 3`d Floor
Birmingham, AL 35244
Attention: Portfolio Administration
With a copy to: Maynard, Cooper & Gale, P.C.
1901 Sixth Avenue North
Suite 1700
Birmingham, AL 35203
Attention: Riley Murphy
PURCHASER
CITY OF ROUND ROCK, TEXAS
4" C&
By:
Laurie Hadley, City Man ger
Date: 6�9 0,D,3
066902391 to
Address: 221 East Main Street
Round Rock, Texas 78664
EXHIBIT A
TO
REAL ESTATE CONTRACT
[Legal Description of Property]
DESCRIPTION OF A 0.0321 ACRE (1,397 SQUARE FOOT) PARCEL OF LAND
SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO 130 IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A".
HOPPE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET J, SLIDE
167 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
CITED IN WARRANTY DEED TO HUTTO STATE BANK IN VOLUME 2396,
PAGE 198 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.0321 ACRE (1,397 SQUARE FOOT) PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod with aluminum cap stamped "ROW 4933' set in the proposed
easterly Rlght-of-Way (ROW) line of Chisholm Trait Road (variable width ROW), (Grid
Coordinates determined as N=10,168,297 09 E=3,127,127 44). being in the northerly boundary
line of Lot 1, Block `A", Final Plat Subdivision of the Cracker Barrel Property a subdivision of
record in Cabinet K, Slide 228 of the Plat Records of Williamson County, Texas, same being the
southerly boundary line of said Lot 1, Hoppe Subdivision, for the southeasterly corner and
POINT OF BEGINNING of the herein described parcel;
1) THENCE, with said proposed easterly ROW line, same being the common boundary line of
said Lot 1, Hoppe Subdivision and said Lot 1, Cracker Barrel Subdivision, S 70,27,10" W for
a distance of 11.45 feet to a 5/8' iron rod found, in the existing easterly ROW line of
Chisholm Trail Road (variable width ROW), being the northwesterly corner of said Lot 1,
Cracker Barrel Subdivision, same being the southwesterly corner of said Lot 1, Hoppe
Subdivision, for the southwesterly corner of the herein described parcel;
2) THENCE, with said existing easterly ROW line of Chisholm Trail Road, same being the
westerly boundary line of said Lot 1, Hoppe Subdivision, N 00°30'58" E for a distance of
177.90 feet to a 1/2" iron rod found at the beginning of a non -tangent curve to the right,
being in the existing southerly ROW line of West Old Settlers Boulevard (120 fool ROW
width), same being the northwesterly corner of said Lot 1. Hoppe Subdivision, for the
northwesterly corner of the herein described parcel;
3) THENCE, departing said existing easterly ROW line of Chisholm Trail Road, with said
southerly ROW line of West Old Settlers Blvd., same being the northerly boundary line of
said Lot 1, Hoppe Subdivision, along said curve to the right, having a delta angle of
00*2010011, a radius of 1,213.24 feet, an arc length of 9.88 feet and a chord which bears
N 86111'21" E for a distance of 9.88 feet to an iron rod with aluminum cap stamped "ROW
4933' set in said proposed easterly ROW line of Chisholm Trail Road, for the northeasterly
corner of the herein described parcel,
THENCE, departing sad southerly ROW line of West Old Settlers Blvd., with said proposed
easterly ROW line of Chisholm Trail Road, through the Interior of said Lot 1, Hoppe Subdivision,
the following five (5) courses:
4) S 00-00-23" W, for a distance of 11.66 feet to an iron rod with aluminum cap
stamped 'ROW 4933" set;
06690239 1
5) N 8905938" W for a distance of 4.96 feet to an iron rod with aluminum cap stamped
"ROW 4933' set:
6) S 00.31*32" W. far a distance of 79.96 feet to an lion rod wi'h alurrinwn cap
stamped "ROW 4933" set:
7) N 88'47'39" E, for a distance of 5.03 €eet to an iron rod with aluminum cap stamped
"ROW 4933" sot;
8) S 00°02'30" W, for a distance of 83.31 feet to the POINT OF BEGINNING,
containing 0.0321 acres (1 397 square feet) of land, more or less
NOTE: There is also a variable width Tempo•ary Construction Easement adjoining and easterly
of calls 4 through 7 and in part cal 8 as depleted and dimensioned on the accompanying Parcel
Plat.
This property description is accompanied by a separate parcel plat.
All hearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No 4203. NAD 83.
1HE STATE OF I LXAS §
§ KNOW Al L MEN BY THESE PRESENTS -
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, ra Registered Professional Land Surveyor, do hereby corti{y that
the above description is true and correct to the best of my knowledge and beiiet and that the
property described herein was determined by a survey made on the ground under my direct
supervis on
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
F
M. Stephen 4 rueWale v
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 %AMERICAN STRUCTUREPOINTL_IA 6 AT CHISHOLM TRLVAR°wELSWOPPE doc
06690239 1
EXHIBIT A-1
TO
REAL ESTATE CONTRACT
[Survey]
NUMBER
DELTA
RADIUS
LENGTH
CIIORQ
CHORD BEARING
C1
tlD028'00"
121324'
fl.BB'
9.00
N96•I
C2
40'386B —
1213.24
394,90'
393]8
8Q'J•280T
C3
01.1'3
1113.24
25.24
25Y4
NB7-OIOB E
C4
18D•0000
7.D0
21.99
M00
N00.0400TT
LEGEND
Q IRON ROD WITH ALUMINUM CAP
STAMPED 'ROW 4933- SET
VZ' IRON ROD FOUND
t PROPERTY LINE
P.O.B. POINT OF BEOSVNI4G
I I RECORD INFORMATION
PA.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
O,R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
NO.
DIRECTION
DISTANCE
LI
S7O-R7 0'W
I.4
L2
500000 23
1.56,
L3
N89-5930W
4.96
L4
S00-3r32 W
75.96
L5
NB8•47'39"E
5.00
L6
800.02 30
93,31
L7
I 843028'43"W
40.45'
LIS
1 800-00 22" W
IT.3i
L9
N89.35 20T
9,50'
LK1
809-4 03 W
9.50
Lll
SOO'00122"W
31.15'
LC2
NBB-4T 39
kB 9
Lt3
So0.10 155•E
59JB'
04
NB9-59 58 w
C1.10
LtS
800-02'30"W
45.32
A85
WEST 7 0S oU- WIUTHlLEVARD
O ALL BEARINGS SHOWN HEREON ARE BASED ON GRID
BEARING. ALL DISTANCES ARE SURFACE DISTANCE$.
COORDINATE$ APE CRP VALUES BASED ON THE TEXAS
STATE PLANE COORDINATE 8YSTEAI, CENTRAL ZONE NO, w
4POS. MAO 03.
21 THIS SURVEY WAS PERFORATED WITHOUT SENVIT OF A
TITLE AD$TRACT. THERE MAY BE OTHER INSTRUMENTS OF
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON ht
r'
i HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY BROWN HEREON VA6 DETERMIJEO
BY A SURVEY MADE ON 111E GROUND UNDER MY DIRECT
SUPERVIS
zo
At S HEN �TROL DATE
REGISTERCO PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND OEODETIC9, LLC
FIRM REGISTRATION NO. 100591-00
1504 CIISHOLM TRAIL ROAD, SUITE 103
ROUND ROC%, TEXAS 76901
n
L2
i 0'r.09KIN PLAT
L3
4 LOT I
4397 S .SCEs. BLOCK 'A'
HUTTO STATE HANK
VOL. 2396. PG. ISO
\ OR.W.0 T.
L4
1 LB TEMPORARY
CONSTRtIcnoN
HOPPE SUBDIVISION
LitEASEMENT
CAB, J. 8L. 1S7
O.0333 AC
P,R,W.C.T
I 4450 30, FT
1�
WOWL
PTQ h AT
J
� l
r l
Im
FINAL PLAT
SUBDIVISION
ARRE OF THE CRACKER
� BPRO A Y
L PE T
CAB K, 3L !28
P.O.B.
P.R W.c T
GRID SOOROWTES:
N-IOJ4E.29TA9
LOT I
E•S,t27.07.44
BLOCK "A"
02/28/2022
PARCEL PLAT 811OVING MOPERTT OF
INLANTS-
croDmcs HMO STATE BANK PARCEL 1
IW.}.a/
•� Diu ' V - WALG WLLwISON COUNTY C IHt51q C7ltAiL I PAGE 3 Or 3
06690234 1
EXHIBIT B
TO
REAL ESTATE CONTRACT
[Form of Deed]
SPECIAL WARRANTY DEED
Chisholm Trail Road 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 THAT TRANSFERS AN INTEREST IN REAL PROPERTY
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 REGIONS BANK, an Alabama state banking corporation, as successor by merger to
HUTTO STATE BANK, hereinafter referred to as Grantor, 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, hereinafter referred to as Grantee, the
receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED,
SOLD AND CONVEYED, and by these presents does GRANT, BARGAIN, SELL and
CONVEY unto Grantee, all that certain tract or parcel of land lying and being situated in
the County of Williamson, State of Texas, along with any right, title and interest of
Grantor in and to any improvements thereon, being more particularly described on
Exhibit A attached hereto and incorporated herein by reference (the "Property"), subject
only to the encumbrances and other matters described on Exhibit B attached hereto, but
only to the extent that the same are valid and subsisting and affect or relate to the
Property. For the avoidance of doubt, that certain portion of the land depicted on the third
(3`d) page of Exhibit A (i.e., the "Plat to Accompany Description") and labeled as the
"Temporary Construction Easement" is not being conveyed hereunder.
Grantor reserves all of the oil, gas and other minerals in and under the land herein
conveyed but waives on behalf of itself 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 Grantor's operations for exploration or recovery of any such minerals shall be permissible so
long as all of Grantor's 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
06690239 1
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 Grantee 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 the Chisholm Trail Road and related appurtenances and facilities.
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,
subject to the Permitted Exceptions, unto Grantee 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 Property herein conveyed unto Grantee
and its assigns against every person whomsoever lawfully claiming or to claim the same
or any part thereof by, through, or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
By acceptance of this Special Warranty Deed, Grantee assumes payment of all
property taxes on the Property for the year 2023 beginning after the date of this deed, and
subsequent years and subsequent taxes and assessments by any taxing authority for prior
years due to change in land usage or ownership.
(signature page to follow]
06690239.1
IN WITNESS WHEREOF, this instrument is executed on this the day of
,202 .
GRANTOR:
REGIONS BANK
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of
202_ by _ , in the capacity and for the purposes and
consideration recited therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.L.L.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS, AND AFTER RECORDING RETURN TO:
City of Round Rock, Texas
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
06690219 1
EXHIBIT A
Legal Description
DESCRIPTION OF A 0.0321 ACRE (1,397 SQUARE FOOT) PARCEL OF LAND
SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 'A".
HOPPE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET J, SLIDE
167 OF THE PLAT RECORDS OF WILUAMSON COUNTY, TEXAS, AND
CITED IN WARRANTY DEED TO HUTTO STATE BANK IN VOLUME 2396,
PAGE 198 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.0321 ACRE (1,397 SQUARE FOOT) PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS A$ I'OLLOWS;
BEGINNING at an iron rod with aluminum cap stamped "ROW 4933' set in the proposed
easterly Right -of -Way (ROW) line of Chisholm Trail Road (variable width ROW), (Grid
Coordinates determined as N=10,168 297 09 E=3,127,127 44), being in the northerly boundary
line of Lot 1, Block 'A". Final Plat Subdivision of the Cracker Barrel Property, a subdivision of
record in Cabinet K Slide 228 of the Plat Records of Williamson County, Texas, same being the
southerly boundary line of said Lot 1, Hoppe Subdivision, for the southeasterly corner and
POINT OF BEGINNING of the herein described parcel;
1) THENCE, with said proposed easterly ROW line, same being the common boundary line of
said Lot 1, Hoppe Subdivision and said Lot 1, Cracker Barrel Subdivision, S 70*27'10" W for
a distance of 11.46 feet to a 5/8' iron rod found, in the existing easterly ROW line of
Chisholm Trail Road (variable width ROM. being the northwesterly corner of said Lot 1,
Cracker Barrel Subdivision, same be ng the southwesterly corner of said Lot 1, Hoppe
Subdivision, for the southwesterly corner of the herein described parcel;
2) THENCE, with said existing easterly ROW fine of Chisholm Trail Road, same being the
westerly boundary line of said Lot 1, Hoppe Subdivision, N 00°30'58" E for a distance of
177.90 feet to a 1/2" iron rod found at the beginning of a non -tangent curve to the right,
being in the existing southerly ROW line of West Old Settlers Boulevard (120 foot ROW
width), same being the northwesterly corner of said Lot 1, Hoppe Subdivision, for the
northwesterly corner of the herein described parcel;
3) THENCE, departing said existing easterly ROW line of Chisholm Trail Road, with said
southerly ROW line of West Old Settlers Blvd., same being the northerly boundary line of
said Lot 1, Hoppe Subdivision, along said curve to the right, having a delta angle of
00°28'00", a radius of 1,213.24 feet, an arc length of 9.88 feet and a chord wh;ch bears
N 86*11'2111 E for a distance of 9.88 feet to an iron rod with aluminum cap stamped 'ROW
4933' set in said proposed easterly ROW line of Chisholm Trail Road, for the northeasterly
corner of the herein described parcel,
THENCE, departing said southerly ROW line of West Old Settlers Blvd., with said proposed
easterly ROW line of Chisholm Trail Road, through the interior of said Lot 1, Hoppe Subdivision,
the following five (6) courses:
4) S 00000'23" W, for a distance of 11.66 feet to an iron rod with aluminum cap
stamped'ROW 4933" set;
06690239 1
5) N 89,1591380 W for a distanco of 4.96 feet to an iron rod with aluminum cap stampod
"ROW 4933" set;
6) S 00'31'32" W, for a distance of 79.96 feet to an iron rod with aluminum cap
stamped "ROW 4933" set;
7) N 88047'39" E, for a distance of 5.08 feet to an iron rod with aluminum cap stamped
"ROW 4933" sat;
8) S 00°02'30" W, for a distance of 83.31 feet to the POINT OF BEGINNING,
containing 0.0321 acres (1 397 square feet) of land, more or less
NOTE: There is also a variable width Temporary Construction Easement adjoining and easterly
of calls 4 through 7 and In part ca I a as depicted and dimensioned on the accompanying Pdrwel
Plat.
This property description is accompanied by a separate parcel plat.
All bearings recited hereir+ are based on the Texas State Plane Coordinate System, Central
Zone No 4203, NAD 83,
THE STATE OF TEXAS §
§ KNOW ALL MEN FAY THFSE PRESENTS,
COUNTY O� WILLIAMSON §
That 1, M. Stephen Truesdate, a registered Professonal 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 surrey made on the ground under my direct
supervis on.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Registered Professional Land Surveyor No 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registratioi No: 100591- 00
1504 Chisholm Tram Road, Suite 103
Round Rock, TX 78681
S IAMERICAN STRUCTUREPOINTU406 AT CHISHOLM TRLPARv ELS%HOPPE doc
066902391
PLAT TO ACCOMPANY DESCRIPTION
NUMBER
DELTA
RADIUS
LENGIN
CHORD
f HORO REARMG
CI
CZ
Oc'28'00'
1.215.24'
9.80,
9.88,
McV11'2 "E
(Ia-3B'SEr)
11215.24'
(394.90')
139316)
(S03'26'57"E)
C3
0140,41"
1,213,24'
25.24'
25,24'
14 00,
N97"0'06"E
C4
100200'00"
7.00'
21.99,
NO(r00 OWN
Lf GEND
d
IRON ROO kV•T- ALUMPiUM CAP
STAMPED "ROW 4933' SE I
VT' 111011 ROD FOIINn
�'
PROuLR' 7 L1Ne
V,UB
POINT OF 3EWN14ING
I )
R=CORO1VORVAT10N
IJ.R.W C *
P, A 1 RLC-a R35
WII I IAVSC.N `OONTT• TFYA5
C.- W C Y
0- F;CIAL RECORDS
WILLIAIAS(:N C OUNT r, I L XA'
NO.
DIRECTION
DISTANCE
L I
S 70'2 7'10" Vt
11.4 5'
L2
500000'23,W
11,06'
L3
N09059'38"W
4.96'
L4
500031'32"VI
79.96'
L5
N88047'39'E
5.08'
L6
900002'30'W
93.31'
L7
043026'43'W
40.45'
L9
S00000'22"W
17,31'
L9
N89113510%
9.150'
LIO
989041'03'W
9.50,
LII
300000'221W
31.I3'
L12
NOR047 39'C
10,97,
LI3
I
$00'10 55"E
39.15'
LI4
N99•59 58'H
17.10,
Lla
30CM02'30'W
45.52'
FFR
I) ALL DEAR111GS S140AP4 HLRLDN ARE BASED uN CNIJ
ItEARINS. ALI. D'STANf.F3 ARF, SURFACE DISTANCE3.
CODRDINA IES ART: GRID VALVE5 9A5LD ON IRE TEKAS
STATE PLANT COCRDI14tTE SYSTEM. CEIITRAL ZOIIC NO.
4203, %AO 8 S
2) THIS SURYLY AAS PEa1'7RMLD W11^00 BENEFH Ov A
TITI.F ARSTR&CT. TIICRE YAV BE OTHER 11157RUNCN73 OF
RLCORC IHAT t1FFtCI Tr15 TRACT NOI (IFPICTFO wFRFON.
vJ\ )r F R��� Pip • 1 �iG
WEST' ? D,50 wE w D�i �ARD
F.-XI,TIIIG Rr.1Y Liiit�
r If
L2 5' T.UE. FL4 FLAT
I HFRFRY CFRTl "w TRGT 71415 PLAT 41 TRUC ANn CORRECT
AND rRAT THE PFOPERIY SHDWFj 14LWLUII WAS LIEIERWI;NEO
BY L SURVFY MADE ON 7I117 GROU90 UNOCR MY DIRECT
sus'eRYlsly. - �� �M�
IA, SI He.� TRIILtiD,11 F i)Alt
RTC STERCD P10KEG515N41. LAYD SURVEYOR NO 4933
6CEN141) STAIF LAN(-) tiUlr°/1 T1 R
INLAND GCODETC1, LLC
FIRM REGISTRATION NO. 10039f-00
1504 CIIISIIOLM IIIAIL ROAD, StAIL 103
R011K11 ROCK. TFXAS TT1AOf
--- VARCLL PLAT 1 V 1 A N 17 S 1LIA11lG
c:TonrTlcs- HUfTO STATE BANK
1'L.CMYgµ}yl. ��. �•1 i�i
I►d�1'�iiit�'GI'�'I�il4-irxl SCALE 141LLulA'T1N C'?11NTV
iR11 FSi'FAl t tl �4 � I- — 40'
06690239 1
LOT
AC ULOCK'A'
HMO STATE BANK
�a VOL.2396 PG.198
ORWC.T
L4 TCVPORARr
I — LS CONSTR11G1RJN
HcrFE r ..uor31v1sfokl
z,t EASkVCNT AR J 51.167
00333 At. r.R.w.C.T.
1430 3o rr
IV
r(rt I Ln*
� �ll
Ic
1
�a.
�
�
tlliAiy�
iA
i
FINAL Pt -AT
SUDDIV1010tl
Or THE CRACKER
'F.��
� RaR�LL vl•1O?E3iT
r}
P.Q.B.
CAR K. SL. 7pa
a,;i.W C.T
GRO COORDINATES;
ti 10.60zeT09
COT I
9e-3,127.127.44
BLOCK 'A"
FY OF
02/28/2022
_ 4 I PARCEL 1
CI Ii:LM TRAIL F'AUL s .fir a
EXHIBIT B
Permitted Exceptions
I . All matters of record that lawfully impact the Property.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any of any spouse of any insured.
4. Any title or rights asserted by anyone, including, but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d, to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights
of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2023, and subsequent years.
6. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together
with all rights, privileges, and immunities relating thereto, appearing in the Public Records.
066902391
EXHIBIT C
TO
REAL ESTATE CONTRACT
[Form of TCE Agreement]
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
Chisholm Trail Blvd. Right Turn Lane Improvements
KNOW ALL PERSONS BY THESE PRESENTS:
That REGIONS BANK, an Alabama state banking corporation, as successor by merger to
HUTTO STATE BANK (hereafter referred to as "Grantor"), in consideration of Ten Dollars
($10.00) and other good and valuable consideration paid by the City of Round Rock, Texas, the
receipt of which is hereby acknowledged, does hereby grant to the CITY OF ROUND ROCK,
TEXAS and its successors and assigns (referred to as "Grantee"), a temporary construction
easement (the "Temporary Construction Easement") for the limited purpose of (1) constructing
proposed Chisholm Trail Right Turn Lane roadway, retaining wall, sidewalk and related facilities
within the adjacent right of way owned or acquired by Grantee, (2) constructing and/or
reconstructing Grantor's existing driveway entrance from the proposed roadway improvements to
the remaining property of Grantor, and any associated grading and drainage therewith, and (3)
restoring to Grantor's reasonable satisfaction any Property (as hereinafter defined) or adjacent real
property owned by Grantor that is injured or damaged by Grantee's use of the Property and
activities thereon, including without limitation landscaping, irrigation, parking, pavement,
striping, cubing, signage, lighting or vegetation, as closely as possible to substantially the same
condition or better than existed previous to Grantee's entry upon the Property (collectively, the
"Project"), in, along, upon and across a limited portion of the real property that is owned by
Grantor and described in Exhibit "A". The aforementioned limited portion of Grantor's real
property is depicted and labeled as the "Temporary Construction Easement" on Exhibit "B" (the
"Property"). Grantee shall be responsible, at its sole cost and expense, for the performance of the
Project, and such Project shall be in the location of, subject to, and shall comply with any notes,
details, specifications or other requirements or restrictions as shown on the plan sheets attached as
Exhibit "C" and incorporated herein (the "Scope of Work") and otherwise to Grantor's reasonable
satisfaction and approval.
The parties agree further as follows:
This Temporary Construction Easement Agreement shall become effective upon the
Effective Date (as hereinafter defined) and shall terminate on the earlier of (a) the expiration of
four (4) months after the initial entry by Grantee for beginning of the work upon the Property, (b)
on the date of completion of construction of the Project; or (c) the expiration of three (3) years
following full execution of this Temporary Construction Easement Agreement. Notwithstanding
06690239 1
the foregoing or anything to the contrary herein, Grantee's restoration obligations shall survive the
expiration or earlier termination of this Temporary Construction Easement Agreement.
Grantee shall be allowed to extend the duration of the term of the Temporary Construction
Easement identified herein for up to three (3) additional thirty (30) day periods upon (1)
notification to Grantor in writing at the address contemplated herein of the requested extension
period, and (2) tendering the additional sum of $2,000.00 for each additional extension period
used.
Notwithstanding the foregoing or anything to the contrary herein,
a. To the extent allowed by law, Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the rights of ingress and egress or by any
wrongful or negligent act or omission of Grantee's agents or employees in the course of their
employment or otherwise related to the exercise of Grantee's rights hereunder.
b. At no time during the grant of this easement shall Grantee unreasonably interfere
with or disturb (or permit to be interfered with or disturbed) Grantor, the business being
conducted by Grantor, or reasonable access to its remaining property, unless there is a written
agreement to do so between Grantor and Grantee in advance.
C. At no time during the grant of this easement shall Grantee, its agents or contractors
be allowed to store machinery or materials within the Property (or any surrounding property
owned by Grantor) unattended or during periods where no active construction work is being
performed in the right of way adjacent to the Property.
d. Grantee shall not disrupt or impact (or otherwise permit to be disrupted or
impacted) any vertical improvements or utilities within the Property (or any surrounding property
owned by Grantor) other than as expressly described within the Scope of Work.
e. Any construction work performed by Grantee or any designated contractor (the
"Contractor") within the Property shall be completed expeditiously in conformance with the
Scope of Work in a good and workmanlike manner in compliance with all applicable laws.
f. Grantor shall have the right to review and approve any proposed change order
modifications to the Scope of Work within or that may impact the Property prior to the
performance of any work associated therewith.
g. Grantee must provide (or cause to be provided to) Grantor at 101 W Old Settler's
Blvd, Round Rock, TX 78681, with a copy to c/o Corporate Real Estate, 250 Riverchase Parkway
East, 3rd Floor, Birmingham, Alabama 35244, Attention: Portfolio Administration, with at least
seventy two (72) hours' written notice before Grantee, the Contractor, or any other third party
06690239 1
commences initial entry upon the Property for beginning any construction work within the
Property.
h. Grantee shall provide or cause to be provided directional and cautionary signage
meeting standard City of Round Rock roadway project requirements within the Property (or any
surrounding property owned by Grantor) and any adjacent public right of way during any such
construction work in accordance with any requirements of the approved Chisholm Trail Right
Turn Lane project construction plans.
i. Grantee shall provide or cause to be provided unobstructed ingress and egress
traffic to and from Grantor's property and Old Settlers Boulevard and, subject to the immediately
following sentence, from Grantor's property and Chisholm Trail Road at all hours of posted
business operation times during the performance of any such construction work. Notwithstanding
the foregoing, Grantor and Grantee hereby agree that Grantor may temporarily obstruct ingress
and egress traffic to and from Grantor's property and Chisholm Trail Road for purposes of
replacing the driveway between Grantor's property and Chisholm Trail Road; provided, however,
in no event shall such obstruction exceed ten (10) business days in the aggregate.
j. The construction work will be bonded by Grantee or the Contractor in accordance
with the Scope of Work and any other approved plans and contract documents with a contract cost
performance bond in compliance with standard City of Round Rock transportation project
insurance and warranty/guarantee contractual terms and requirements.
k. Grantee shall not install any improvements or trees or take any action (or permit
any action to be taken by the Contractor or any other party within Grantee's lawful control) within
the Property or Grantor's remaining property that would adversely affect Grantor's business
operations or reasonable access to and from Grantor's property.
1. Grantee and its on -site agents, employees, and contractors shall maintain
comprehensive general liability insurance in standard amounts required by City of Round Rock
transportation project contracts.
m. Grantee shall not cause (or permit to be caused) any portion of Grantor's property
(or any improvements thereon) to violate any applicable zoning ordinance or other laws as a result
of the Project or any associated work, or else shall otherwise provide Grantor any required
variance or Administrative Adjustment pursuant to the City of Round Rock Code of Ordinances
or other applicable law, code, ordinance or regulation.
This easement conveyance is subject to all easements, encumbrances, matters, and rights
of way of record, all restrictions, reservations, covenants, conditions, oil, gas, or other mineral
leases, mineral severances and other instruments that affect the Property, those matters that would
be shown on a current, accurate survey of the Property, or by an inspection thereof, as well as
06690239 1
taxes and assessments for the current year, and all subsequent years, which are not yet due and
payable.
IN WITNESS WHEREOF, the parties hereto have executed this instrument to be
effective this day of , 2023 (the "Effective Date").
[signature pages follow]
06690239.1
GRANTOR:
REGIONS BANK
By: —
Name:
Its:
Acknowledgment
State of Texas §
County of §
This instrument was acknowledged before me on this the _ _ day of ,
2023 by , in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of Texas
06690239
GRANTEE:
CITY OF ROUND ROCK, TEXAS
Namc:
Its:
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the _ day of ,
2023 by , in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of Texas
066902391
EXHIBIT "A"
Legal Description of Real Property Owned by Grantor
Lot 1, Block "A", HOPPE SUBDIVISION, a subdivision in Williamson County, Texas, according
to the map or plat of record in Cabinet J, Slide 167, Plat Records, Williamson County, Texas.
066902391
EXHIBIT "B"
Depiction of Property
NVMBER
DELTA
RADIUS
I LENOTH
I CHORD
I CHORD BEARING
CI
00128'00'
IAI324'
9.00
9.80
N96-1'2
C2
1003658
1213.Z4'
394,90'
393.15
953-28 57
C3
Or1'3
1,tot.
25.24
E5.24
Ns7'0108 E
C4
18060000
7.00'
21.99
1400
NOO'0000"W
LEGEND
0 IRON ROD WITH ALUMINUM CAP
STAMPED 'ROW 4933' SET
o V2' IRON ROD FOUND
Q PROPERTY LINE
A.Q.B. POINT OF BEGINNING
I 1 RECORD INFORMATION
P.R.W.C.T. PLAT RECORDS
WILLIAMSOk COUNTY, TEXAS
0R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
NO.
DIRECTION
DISTANCE
LI
5700E7'ID
1,46
L2
S0o-o0 23 W
1.56,
L3
N59-59'35'TI
4.96'
L4
SO0-3r32 w
78,96
L5
N55447'39"E
&.08'
L6
HTOO-O2 30
BS.SH
L7
I S43-25'43'W
40.45'
LB
900-00 2"W
17.5
L9
N59-36 20-E
9.60
L 00
869'4 03 W
9,SO
LI'
300.00122"W
3L13'
112
NB5-47 39
15.87
L13
S00-10'55'E
39,16'
L14
N89-69 58'W
I7.10
L15
I 300-0E'30'W
1 45.6E
Eu
CURRY00
DANJ SURv�Y
Agg'S o
cr
WESTLD SETTLER BOW kLEVARD D17.0 R.O.W. WIO
�C21 rxi971IND R01T LINE
II ALL BEARING& SHOWN HEREON ARE BASED ON GRID
REARMS. ALL PISTANCES ARE SURFACE DISTANCES.
COORDLTES ARE GRID VALUES BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, CENTRAL TOME NO
4m. NAO 03.
21 THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A
TITLE ABIIRACT. THERE MAY 9E OTHER INSTRUMENTS OF
NECOkD THAT AFFECT TIUS TRACT NOT DEPICTED HEREON
1 HERESY CERTIFY THAT THIS PLAT It TRUE AND CORRECT
0.NO THAT THE PROPERTY SHOWN HEREON WAS DETERnNE0
BY A SURVEY MADE ON 111E GROUND UNDER MY DIRECT
SUPERVIS / 3HM
/fA� �"ozz
M. SWfHEN TRUESDALE DATE
REC45TERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAID SURVEYOR
INLAND GEOOETICS. LLC
FORM REGISTRATION ND. I00591-00
1104 CHISHOLM TAAL ROAD. SUITE 103
ROUND ROCK, TEXAS 78681
L2 I
s' Pus. "a Fist]
LOT I
BLOCK "A'
NUTTO STATE DANK
VOL. E396. PO. 196
OA.W.C.T.
L5TEMPORARY
cousmUCTION
HOPPE GUBDIVISION
ut EASEMENT
CAB. J. BL. 167
"1 AC
P.R W.0 T
1..0353
I 43450 30. Fr FT
I�
rt11 Pt At
�
r r
yJ
b�
i
3�
+
FINAL PLAT
!�i
SUBDIVISION OF THE CRACKER
BARREL PROPERTY
A
P.O.B.
CABP.R VC
C TtEe
GRID COORDINATES;
II.I0JCOR9T.09
LOT I
E•a,127.127.44
BLOCK "A'
W
A
I N L I1 N n u PARCEL PLAT MIOWL46 F'R(WERTY OF
CFODL1171M, HURO STATE BANK
-40WR MMON COUNTY
'
06690239 1
02/28/2022 1
PARCEL 1
'AGE 3 OF 3
EXHIBIT "C"
Scope of Work
[Attached.]
06690219 1
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EXHIBIT D
TO
REAL ESTATE CONTRACT
[Form of Owner's Affidavit]
OWNER'S AFFIDAVIT
STATE OF ) [Address]
[Address]
COUNTY OF ) See Exhibit A Attached Hereto
BEFORE ME, the undersigned authority, personally appeared , (the "Affiant"),
solely in [his/her] capacity as of REGIONS BANK, an Alabama state
banking corporation [, as successor by merger to _ ] (the "Owner"), who first being
duly sworn, deposes and says:
I. That Affiant is duly authorized to make this affidavit on behalf of Owner.
2. That the Owner is the titleholder of that certain real property described above (the
"Property").
3. To Owner's knowledge, that the Owner is entitled to possession of the Property, and there
is no other person or entity in possession who has any right in the Property.
4. To Owner's knowledge, that all real estate taxes, special assessments, water and sewer
charges are fully paid or shall be paid on the date hereof.
5. To Owner's knowledge, that there are no unrecorded labor, mechanics' or materialmen's
liens against the Property, and no material has been furnished to or labor performed upon the Property
except such that have been paid for in full.
6. To Owner's knowledge, that there are no unrecorded options or contracts to purchase,
contracts for deed or mortgage commitments, or unrecorded deeds, easements or rights of way for users or
adverse interest with respect to the Property.
7. To Owner's knowledge, there are no unrecorded existing tenancies, leases or other
occupancies affecting the Property and that such unrecorded tenancies, leases or other occupancies, if any,
contain no options to purchase the Property or rights of first refusal.
8. To Owner's knowledge, that the Owner has received no written notice of any action or
proceeding, including but not limited to bankruptcy, which is now pending against Owner in any State or
Federal Court that may affect Owner's interest in the Property, nor is there any attachment, judgment or
other encumbrance which may now constitute a lien upon the Property, nor are there any claims or pending
claims against Owner which may be satisfied through a lien or attachment against the Property.
06690239 1
9. That the Owner has received no written notice (except as may have been disclosed in the
public records of the applicable jurisdiction) of an officially proposed or pending special assessment or a
pending taking of any portion of the Property by any governmental body, and to the undersigned's
knowledge, there has been no work done on the Property, nor notice received that work is to be done on the
Property by the municipality (state, county, city, borough or township).
10. Except as set forth on the settlement statement, no broker's services have been engaged by
the Owner with regard to the management, sale, purchase, lease, option or other conveyance of any interest
in the property, and no commission, fee, payment or other compensation is owed to "broker" for any
services in connection with the Property, and no notice of lien for any such service has been received by
the Owner.
Dated effective as of this day of ,
202
solely in [his/her] capacity as
[ ] of Regions Bank, an Alabama state
banking corporation [, as successor by merger to
STATE OF ALABAMA
COUNTY OF JEFFERSON
Personally appeared before me, the undersigned authority in and for said county and state, on
this day of 202_, within my jurisdiction, the within named
, who acknowledged that [he.`she] is _ of
Regions Bank, an Alabama state banking corporation [, as successor by merger to
], and that for and on behalf of the said corporation, and as its act and
deed [he/she] executed the above and foregoing instrument, after first having been duly authorized by
said corporation so to do.
My Commission Expires:
NOTARY PUBLIC (Signature)
(AFFIX NOTARY SEAL) (Printed Name)
066402191
EXHIBIT A TO OWNER'S AFFIDAVIT
[Legal Description)
06690239 1
EXHIBIT E
TO
REAL ESTATE CONTRACT
[Form of Secretary Certificate]
A REGIONS
l Andrew S Nix a duty Fle,dad and qu&ftd Assistanl Corporate Secretary of Regions Bank, an
AtaOsma ante banking corporwx m twreoy artily a tolwvw
Fakwong Is a true and correct copy of A11de v Seaton i2 of 1te By-uws of Region* Bank
arlactive July 21 2021. as amended by the Board of Dkodors at a duly convened meeting hero on
J uty 21 2021 at *Rich a quorum was present and the sarne are In fire force and ettect an the date
narea,
'Secbon 12. Execuson of Irnhranerts and pocranOnts.
The Chief Executve Aker, the Precedent any Senor ExocuoMv Yft Proodmnt Ego*Ar4 Mgr President,
Susor Vice Pr►sgnrt or Vice PrwderK at any of5wr hobrg he bee or ExegRNe Marva np Director Managing
Direckx or Director is andtwrkoct in his or her direst on to do and perform any and all corporate and oM , arts
n carrying On the txaktwas of the Bank ioduding, but not finned to the outharlty to make, exeadd, edvrowledga.
accept and dskver any and a deeds, mortgages release!, bills at sale assignments, "Milers leases (a lass
OF 1esa1111 DdMrs of Wmney or of subelRWOn tHnPrg or wbawworg agreement, vandidr agreements.
contrails pdxles Id vote s" or any o0wr InsCumwd in vtrtltng Vial may be mammy in the purchasa sale.
lease asafgrsnart transfer. discount. mslwpemprt or handtiung In any vcal' of any property of any descnpoon hard
Gontromad or Wad by BW* Or to ba held, contrcaed or used by Bank ether in a own or in rn flexlary cop"
1 ncludkr+Q de l into y from tine to tine to open bank aodoaate vnph the Bank or any other awtarbon. to hanaw
Morey In much amounts for such lengths of We at such rate at rrterast and upon sudh terms and condition as
any sand offlow may doom propor and ioevidenoe On In lebtadneas tlwreby cleated oy ehmcutlrg and daewrtrhg In
the name of taw Banc promneary now of OOW oppropnow aNeernes at inaeatednese and to guanmee the
0096114ns of any subsl6ary, Or stlktate of the Bank The enumerabon herein of petbcuw powers that eat .*w
n anV very On general powars and authority, of sad otscers.
By ahoy elf ezarspls amd not mintta0ork fuCJh dhoera d the Banc are autfhor¢ed t0 execute ahxept, deliver
and naeae On oelelf of phe Bann mid n WcOny Obligebans Who Bank such aMeemanls and nshwm" as may
W wthuh the officers area d responsbmly ndudahg as applkabM, agreements orhd related documents (such as
aehadulea, eonfkmatians transfers. asslgnmants, mckwMedgmenU and other doeranenta) raladng to dorWatwo
lrarwMaons. loam or arwtr of credit iranaedtam syndraiorn, pertlaprlons wades. prrdeae and era or dwount
t w"cbont, bath N and asigrtments, t+ Mca+g and subaervwng agreemats, vwxW agraemrgs contfacI
securAr[s5drw and pe.�ssctiwa d Mhalarw kind a d.maipgara artsirg rh the conduct of the Bank's busihfss
T1he arntlharrly m eseOrde and dehYer docurhwtt. i mdtarhwntt Mud a¢eearents may a tinted by na I UUM
of the Bawd of Dnsctore or a committee of ue Bowdof Orrsdors. by to Chief E =Gtsbve tN&ar or by the President.
by tefMafts to subject matter. category amount, geogroprikol bc2l n rr"other trntenp and may be made
sub)etl to such powas Wncediures mid levels of "WOM as, may be adapted or amended Worn ana tar o me '
I Wher certify that he fohovmg Indkiduats are qurdled 10 act as an offkAx of Regions Bank es it
pertains to real estate transaarorn and man igarxnt0f pfdpelLes uMh affxw wiles as spKAW below
its_
Ift
Scott Riley
Senior Vice Prosldeni
Kaith Pmsaley
Senior Vice President
Jaaeph Holcombe
Senlor Vice PmMont
Paul Sdvemdw
Senior VW* Praldent
Susan 8chnddt
Senior Vice President
Ellsho Buckley
Senior Vice Prosident
Maghan Bradley
Senior Vice Preakdant
NW!
ift
"Campbap
Vice President
Korey Cox
vice #hesiderd
Jan Tudor
Vice President
Pkiop Sepem
Vice Praidertt
JaAn Barely
Vice President
Prince McDougal
Vice Prosident
IN VNTNESS WiERtEOF, I maw sat mY hand and affwted pal meal of Regicift Bank am Alabama banking
cow 29' day of September 2021
ISLw - lLrC toot C te S aeCratarl
f•
a mAer>s 6
06690239 1
REGIONS BANK ACQUISITION
VALUATION AND HIGHEST AND BEST USE OF THE ACQUISITION
-,uurce: City of Round Rock
Whole property =
Fee acquisition
Temp Easement -
w
I Hornsby and Company
0.950 ac (39,422 SF)
0.0321 ac (1,397 SF)
0.0333 ac (1,450 SF)
45
Li
O -
s
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider execution of a real estate contract with Regions Bank for acquisition of
0.0321 acre right of way and 0.0333 acre temporary easement required for
construction of proposed improvements to Chisholm Trail Right Turn Lanes,
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/10/2023
Dept Director: Gary Hudder, Transportation Director
Cost: $36,894.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: REGIONS(i)--Chisholm RTL contract (Execution Copy --Owner Signed),
REGIONS(1)--property location presentation exhibits (DC 11.14.22)
Department: Transportation
Text of Legislative File CM-2023-025
The contract purchase price of $36,894 is equal to the City's appraised value for the proposed property
acquisition.
Cost: $36,894.00
Source of Funds: Round Rock Transportation and Economic Development Corporation (Type B)
City of Round Rock page 1 of 1