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CM-2023-072 - 4/7/2023REAL ESTATE CONTRACT Red Bud (South) Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between TODD W. SANDERS, JULIE BOYCE MILLS AND RHONDA L. NICHOL, as their interests may appear, (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 0.066 acre (2,879 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 13). 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 TWENTY-SIX THOUSAND THREE HUNDRED TWENTY and 00/100 Dollars ($26,320.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash or other good funds at the Closing. �-2,003_07?_. 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 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 April 29, 2023, 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 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 shalt 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 Seiler 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. 4 ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and 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. 5 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 havc 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 April 30, 2023 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. 0 SELLERS: Todd w Sandccs (Mar 21, 20)31 I.25 C" By: Todd W. Sanders ,IUii - ~h4d- rAi- - mil. �IJar 21,202318.03!.0I} By: Julie Boyce Mills khond, L Nichol (►tar 21, 202116AS Cbt1 By: Rhonda L. Nichol PURCHASER: CITY OF ROUND ROCK, TEXAS `darte-Hadl6y, ity Man ger Date: q Address: 221 E. Main Street Round Rock, Texas 78664 County: Williamson Parcel: 13 Project: Red Bud Lane 10-19-2022 EXHIBIT A Page 1 of 4 PROPERTY DESCRIPTION FOR PARCEL 13 DESCRIPTION OF A 0.066 ACRE (2,879 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 1.25 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO TODD W. SANDERS AND WIFE, JULIE BOYCE MILLS & RHONDA L. NICHOL RECORDED IN DOCUMENT NO. 2016063641, AND ALSO DESCRIBED IN DOCUMENT NO. 2004010646 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 0.066 ACRE (2,879 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" Iron rod found, in the northerly boundary line of that called 1.49 acre tract (Tract II) of land recorded In said Volume 2148, Page 529, of the Official Records of Williamson County, Texas, being the southwesterly corner of said 1.25 acre tract, also being the southeasterly corner of that called 0.80 acre tract of land described in a General Warranty Deed with Vendor's Lien to Duane T. Smith, et ux Karen A. Smith recorded in Document No. 199929010 of the Official Records of Williamson County, Texas; THENCE, departing said 0.80 acre tract, with the common boundary line of said 1.26 acre tract, in part said 1.49 acre tract and In part the northerly boundary line of that called 1.00 acre tract (Tract 1) of land in said Volume 2148, Page 529, N 87017'20" E, for a distance of 198.35 feet to an iron rod with aluminum cap stamped "CORR ROW 4933" set 53.50 feet left of Red Bud Lane Baseline Station 75+95.67 (Grid Coordinates determined as N=10,161,165.06, E=3,152,864,99 (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 1.00 acre tract, with said proposed ROW line, through the interior of said 1.25 acre tract, the following (2) two courses: 1) along a curve to the right, having a delta angle of 00058'54", a radius of 4,053.60 feet, an arc length of 69.44 feet and a chord which bears N 00015'50" E, for a distance of 69.44 feet to an Iron rod with aluminum cap stamped "COCP ROW 4933" set 53.50 feet left of Red Bud Lane Baseline Station 76+64.19, for point of reverse curvature to the left; 2) along said curve to the left, having a delta angle of 02°38'18", a radius of 3,946.50 feet, an arc length of 181.72 feet and a chord which bears N 00033152" W, for a distance of 181.70 feet to an iron rod with aluminum cap stamped "COCP ROW 4933' set 53.50 feet left of Red Bud Lane Baseline Station 78+48.37 for point of non -tangency, being the southerly boundary of the remainder of that called 5 acre tract of land described in a Deed to Carroll L. Pimpler & wife Gloria J. Pimpler recorded in Volume 516, Page 515 of the Deed Records of Williamson County, Texas, same being the northerly boundary line of said 1.25 acre tract, for the northwesterly corner of the herein described parcel; 3) THENCE, departing said proposed ROW line, with the common boundary line of said 1.25 acre tract and the remainder of said 5 acre tract, N 87"28101" E, for a distance of 7.87 feet to a calculated point in the existing westerly ROW line of the Red Bud Lane (ROW width varies), being the southeasterly corner of the remainder of said 5 acre tract, same being the northeasterly corner of said 1.25 acre tract, for the northeasterly corner of the herein described parcel; County: Williamson Parcel : 13 Project: Red Bud Lane 10-19-2022 Page 2 of 4 4) THENCE, departing the remainder of said 5 acre tract, with said existing westerly ROW line, same being the easterly boundary line of said 1.25 acre tract, S 02021148" E, for a distance of 250.90 feet to a calculated point, being the northeasterly corner of said 1.00 acre tract, same being the southeasterly corner of said 1.25 acre tract, for the southeasterly corner of the herein described parcel; 6) THENCE, departing said existing ROW line, with the common boundary line of said 1.00 acre tract and said 1.25 acre tract, 5 87°17'20" W, for a distance of 16.76 feet to the POINT OF BEGINNING, containing 0.066 acre (2,879 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 properly described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. ,e a�r .lozz M. tephen True ale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor: �N.�t`3+ , Inland Geodetics4�;•• f•ff•I ••I.......fN Firm Registration No: 100591-00 M.3TER —*fEN .....1ESDNE 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681�,4•0w�aflti�:,�•;�� - s 4933 ar�j SALMRED BUD-GATrIS-EVERGREENIPARCELSIPARCELI CARROLL L. PIMPLER $ WIFE GLORIA J. PIMPLER REMAINDER OF 5 ACRES (TRACT 7) VOL. 516 PG. 515 tY AMESS cIMSKt •rot.sae, pi; 23= 0. R, k C. T. 6. R. tr. C.., BIT " A .' RED BUD ACRES CAB. C, SLIDE 70-71 LOT 1 P. R. W. C. T. — •$ — — -� •� �' �- I IN89.49'49'W 21T,02'1 / ` STA • 78.48.37 — NUMBER DELTA RAOIUS LENGTH CHORO CHORD BEARING 53.50' LT C1 00'S8'54" 1 4 053.50' 69.44' 69.44' NO0-15'50"E C2 1 02.38'18" 1 3,946.SO'l 101.72' 1 181,70' N00.33'S2RW NO. DIRECTION DISTANCE L1 N87.28'01"E T.87' L2 NO2'21'48"W 250.16' (L2) (NORTH) (250.0') L3 S87'36'51'W 20.04' 1L3! (WEST) (20.OD') L4 587.17'20"W 16.75' I ULIE BO CE MILW. LS I & RNON2CN� 5 ACRES13 i IDOC. 2016063641) pp 066 AC . DESCRIBED IN 2,34 S0. FT. ou L S'Un,\/Ey DOC.ONP.R wOC40r0645 Sir r' i��•R5 NO. �JO STA. T6•69.19 �C ABS WRAC 53, 50' LT DUANE T. SMITH ET UX P. �� KAREN A. 5flITH 0.80 ACRE ` STA. 75.95.67 DOC. NO. 199929010 53,50' LT 0. R, W.C. T. ` NR1 D, ID OORD65AT St 1 . . . E•3,152,864.99 P0R I589'48'40`W 216.98'1 +. N87•IT'20'E 198.35' _ � JOHN W, PABST $ _13/8" 1JOHN W. PA IBB.54'1 JANEA M. CULLPEPPER JOHN W. PABST $ (TRACT 111 cL JANEA M. CULLPEPPER 1.49 ACRE -T (TRACT I) VOL. 2148, PG. 529 1.00 ACRE 0, R. W. C. T. ` VOL. 2148, PG. 529 O.R.W.C.T. IN LANi7 PARCEL PLAT SHOWING PROPERTY OF GEODETICS TODD W. SANDERS, JULIE BOYCE PO4 CHISOM1.41.ANV;VRM10 RHONDA L. NICHOL Isar CH15Houa TluTZ ILO. 81 10I ROUN AOCIC. Tlt, 7dde1 SCALE FIR RECI MTI f NO. 1 �� 6� PROJECT FIRM gEGK)MTgN IW, 100591-00 RED BUD LANE 5 MILLS WILLIAMSON PARCEL 13 0.066 AC, 2,879 S0. FT. 3 „A „ LEGEND ® PK NAIL FOUND DENOTES COMMON OWNERSHIP O 1/2” IRON PIPE FOUND UNLESS NOTED A 60D NAIL FOUND LINE BREAK O IRON ROD WITH ALUMINUM CAP P.O.B. POINT OF BEGINNING STAMPED `CORA ROW 4933- SET P.D.R. POINT OF REFERENCE p IRON ROD WITH PLASTIC OR ( 1 RECORD INFORMATION ALUMINUM CAP FOUND - AS NOTED P.R.W.C.T, PLAT RECORDS 0 1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS O.R,W,C,T. DEED RECORDS ® COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY. TEXAS X X CUT IN CONCRETE FOUND O.R,W.C.T. OFFICIAL RECORDS CALCULATED POINT O.P.R.W.C.T. WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS i PROPERTY LINE WILLIAMSON COUNTY. TEXAS 11 ALL BEARINGS SHORN HEREON ARE BASED ON GRID BEARING. ALL DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLAN£ COORDINATE SYSTEM, NAD 03, CENTRAL ZONE. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF 22OB0026RTROH,ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE SEPTEMSER 01, 2022, ISSUE DATE SEPTEMBER 09, 2022. I0IF1. EASEMENT AS SHOWN IN INSTRUMENT FROM CHARLES 0. GRESHAM AND ANNABELLE GRESHAM TO MANVILLE WATER SUPPLY CORPORATION AND FILED IN VOLUME 907, PAGE SIT, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED. G. EASEMENT AS SHOWN IN INSTRUMENT FROM DALE HESTER TO TEXAS POWER AND LIGHT COMPANY AND FILED 1N VOLUME 697, PAGE T33, DEED RECORDS OF WELLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED. H. EASEMENT FOR 20 FOOT RIGHT OF WAY RESERVED IN DEED FROM CHARLES 0. GRESHAM TO DALE NESTER, ET UX AND FILED IN VOLUME 725, PACE 601, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I HEREBY CERTIFY THAT THIS PLAT I$ TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION. SlfPHEN tRJESOALE V DATE I,y' r'e is 4 s5 REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933 .M.STEPI ENTRUESD&E } LICENSED STATE LAND SURVEYOR i-- p.�.;g33 o INLAND GEODETICS 7'tiOfE95LO,�Q FIRM REGISTRATION NO, 100591-00 1504 CHISHOLM TRAIL ROAD. SUITE 103 SUB ROUND ROCK. TEXAS 76601 PARCEL PLAT SHOWING PROPERTY OF INLAND TODD W. SANDERS, JULIE BOYCE MILLS neees% a ceAL T 1csuNo W�vnoss & RHONDA L. NICHOL werA� 1504 CIOSHOLM TIWL RD. STL 10) ROUND ROCK, 1%. 78661 SCALE III Nl ISI7) IIt -IN 6FNAIX D111 III.17T1 ROJ PECT RIW AFG6TMTKIN HO. ODSf1-00 T'=_ 60' RED BUD LANE 2 PARCEL. 13 0.066 AC. COUNTY 2.879 SO. FT, WILLIAMSON PAGE 4 of 4 Parcel 13 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 TODD W. SANDERS, JULIE BOYCE MILLS and RHONDA L. NICHOL, as their interests may appear, 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 0.066 acre (2,879 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 13), 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 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 , 2023. [srgnaffire page follows] 2. GRANTOR: By: Name: 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 therein. GRANTOR: By:__ -.....- Name: Notary Public, State of Texas 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 therein. Notary Public, State of Texas 3. GRANTOR: Name: 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 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, A O n - .9Noir,m Z � gRiry D .rP s PGOFV- Z oN09 x v ��W 0 r w s 0 C r r n 0 z r*1 w O TI A . D RDn rn ; Zmo v O rn zm w o L r C ci r Z_ m 0 O OO, rn rrl O r W 0 >u -� -D>M-P o�ZC oo � n 70 O ym i pZpm-! = °Da d� iii I '.a0 Aooz� of -40 1n0ao�vn Atom i 1 p dtn 0O D 3 { rn . ."1 1n to N I t- a b Q r- �m�° p z` - �t°cni V1 o o o _mo �N~1�Z ��r�°.)_x N w -i,,, 40 �3 O, i- ` ;O-CA>ar rn�o� o �. �-•��, o x� �. + oo tv z I n �rn r-'rn n-Ic-u 0 o c: x -.1'n N pr T -{• A rm bc� rn �Prrnn_vtA I 70 ` �pv�O �� MRO -^ r a o - 1 nG i z z n I 11 I 4 1 A m a m p OO p mo�sro z . 2mo 0 0 (Ao 0 DO .nP, N�� a Footnno• to to rmn 2 GO 46 m z "� , n n O S� z�� ' r, moo, CA IA z c� to M m v r MO w --- a x o N O -- z n rn z a cn to a �� Mw-1. O Z� n;= a, x r p ?� '� `` I C) � Ca Nm alloa'o m�ato !Aovu)n O wIA N r_tn ��d r A ro �a0n OD 1C� 0Irny NrnOpVi. On EA u-4 �I ! i I Imo x P-O0 ra rilimo ;u-.rm Co or . COw �-rw ON a tn' o N } I vrn UI 1 p m �- N rn --r m IW g 6� -• O to a CD .-. r a -i m N O y - y 1 O i1 m N {Zo N l to N to z rn a -4 a COO CO r , -4 m Q, m tOO� rnm .-. y ko u'o _ �b o� W I 0 bs 1 a CI PROPOSED R.0•w. C2 II w w ft2) A EX15TING R.Q. (SOUTH 250.90') a RED BUD LANE IA. K.A. COUNTY ROAD 1221 OSTENS 1 BLE SURVEYd L iNE (R.O.II. WIOTN VARIES) _ . , •_ .. „! • �WE-_ ram, .' �_•__)� - B� ENGINEER S ASELIN.� _ - T ry -0 0o 0 D �mn o cn am M Qnr ILO rl ri N N _m L .J!, 0 N n r m �r a O rn n I. b I a $ Z �rn +� <n o 0 �o i City of Round Rock ROUND RACK TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of a Real Estate Contract with Todd W. Sanders, Julie Boyce Mills and Rhonda L. Nichol for acquisition of a 0.066 acre parcel required for construction of improvements to Red Bud South (Parcel 13). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/7/2023 Dept Director: Gary Hudder, Transportation Director Cost: $26,320.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF - Red Bud South r.o.w. purchase contract w- Sanders 0.066 acre - Parcel 13, SANDERS(13)--RBS Contract (signed by sellers) 3.21.23, SANDERS(13)--property background location exhibits (DC 4.3,23) Department: Transportation Text of Legislative File CM-2023-072 The contract purchase price of $26,320 ($22,312 for land + $4,008 for improvements/cure) is equal to the City's appraised value. Cost: $26,320.00 Source of Funds: RR Transportation and Economic Development Corporation (Type B) City of Round Rock Page I of 1