Contract - Group 1 Realty Inc - 8/10/2023 REAL.ESTATE CONTRACT
Chisholm Trail North Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between GROUP 1
REALTY,INC.,(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 1.028 acre (44,783 square foot) tracts of land out of and situated
in the David Curry Survey, Abstract No. 130 in Williamson County, Texas; more
fully described in Exhibit"A",attached hereto and incorporated herein (Parcel 1);
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 HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED
SIXTY-TWO and 00/100 Dollars($626,962.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash or other good funds at the Closing.
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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 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.
ARTICLE V
RIGHT OF REPURCHASE
5.01. The Property herein is being conveyed to Purchaser in lieu of and under threat of
condemnation, and the parties hereby agree to incorporate all provisions of TEXAS PROPERTY
CODE, CH. 21, SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM
CONDEMNING ENTITY as they existed on July 19, 2023, included here as Exhibit"C".
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ARTICLE VI
CLOSING
Closing Date
6.01. The Closing shall be held at the office of Texas National Title Company on or before
August 31, 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
6.02. 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.
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Purchaser's Obligations at Closing
6.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
6.04. 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
6.05. 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 VII
BREACH BY SELLER
7.01. 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.
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ARTICLE VIII
BREACH BY PURCHASER
8.01. 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 IX
MISCELLANEOUS
Notice
9.01. 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
9.02. 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
9.03. 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
9.04. 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.
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Prior Agreements Superseded
9.05. 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
9.06. Time is of the essence in this Contract.
Gender
9.07. 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
9.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09. 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
9.10. 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
9.11. 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
9.12. 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
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Title Company, Purchaser, its agents and contractors shall be permitted at any tirne after August
31, 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.
SELLER:
GROUP I REALTY, INC.
By; Address:800 Gessner Road, Suite 500
Name:Gillian A. Hobson Houston, Texas 77024
Title:Vice President
Date:July 22, 2023
PURCHASER:
CITY OF ROUND ROCK, TEXAS
ress: 221 E. Main Street
By: Add
Craig Mo gan, Ma r Round Rock,Texas 78664
Date:v 0 5
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EXHIBIT ` ' Page 1 of 6
County: Williamson
Parcel: Parcel
Highway: Chisholm Trail Road
METES&BOUNDS DESCRIPTION FOR PARCEL 1
METES & BOUNDS DESCRIPTION FOR A 1.028 ACRE (44,783 SQUARE FOOT) PARCEL OF
LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON
COUNTY, TEXAS; BEING A PORTION OF A CALLED 6.611 ACRE TRACT OF LAND AS
CONVEYED TO GROUP I REALTY, INC. BY SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NUMBER 2011070377 OF THE OFFICIAL PUBLIC RECORD OF WILLIAMSON
COUNTY, TEXAS; SAID 1.028 ACRE PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS AND SHOWN ON THE ATTACHED
SKETCH:
BEGINNING at a leaning TxDOT Type I monument found at the intersection of the west right-of-way
line of North Interstate Highway 35(width varies)as dedicated in Volume 467,Page 570 of the Deed
Records of Williamson County,Texas,and the north right-of-way line of Chisholm Trail Road(side
street)(F/K/A County Road 173)(width varies)as dedicated by Cabinet K,Side 290 of the Plat Records
of Williamson County,Texas, and at the southeast corner of said Group 1 Realty Tract,for the southeast
corner and POINT OF BEGINNING of the herein described parcel;
THENCE,with the north right-of-way line of said Chisholm Trail Road(side street)(F/K/A County
Road 173) and the south line of said Group I Realty Tract,S 89°02'52"W a distance of 414.75 feet to a
1/2-inch iron rod with cap stamped"RL Surveying RPLS 4532"found for an angle point;
THENCE,continuing with the north right-of-way line of said Chisholm Trail Road(side street)(F/K/A
County Road 173)and the south line of said Group I Realty Tract,S 85005122"W a distance of 2.59 feet
to a 1/2-inch iron rod found at the intersection with the east right-of-way line of Chisholm Trail Road
(width varies)as dedicated by Document Number 2019052860 of the Official Public Records of
Williamson County,Texas,at the southwest corner of said Group I Realty Tract,for the southwest corner
of the herein described parcel;
THENCE,departing north right-of-way line of said Chisholm Trail Road(side street)(F/K/A County
Road 173),with the east right-of-way line of said Chisholm Trail Road and the west line of said Group I
Realty Tract,the following five(5)courses:
1) N 03°13'07" W a distance of 98.96 feet to a cotton spindle found for the beginning of a non-
tangent curve to the left;
2) Along said curve to the left,an arc distance of 136.93 feet,having a radius of 380.00 feet,a
central angle of 20°38'44"and a chord which bears N 13°43'00" W a distance of 136.19 feet to a
1/2-inch iron rod with cap stamped"RL Surveying RPLS 4532"found for an angle point;
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3) N 23°58'41" W a distance of 197.51 feet to a 5/8-inch iron rod found for the beginning of a non-
tangent curve to the right;
4) Along said curve to the right,an arc distance of 114.07 feet,having a radius of 320.00 feet,a
central angle of 20°25'24" and a chord which bears N 13°47'05" W a distance of 113.46 feet to a
point a 1/2-inch iron rod with cap stamped"RL Surveying RPLS 4532"found for an angle point;
and
5) N 03°36'42" W a distance of 127.46 feet to a cotton spindle found on the south line of a called
260.39 acre tract of land described as Tract IIA as conveyed Georgetown Railroad Company,Inc.
by Special Warranty Deed recorded in Volume 880,Page 630 of the Deed Records of Williamson
County,Texas,at the northwest corner of said Group 1 Realty Group Tract,and at the northeast
terminus of said Chisholm Trail Road,for the northwest corner of the herein described parcel,
from which a 1/2-inch iron rod with cap stamped"KBGE ENG"found at the northwest terminus
of said Chisholm Trail Road bears S 86°02'51"W a distance of 75.16 feet;
THENCE,departing the right-of-way of said Chisholm Trail Road,with the line common to said
Georgetown Railroad Company Tract and said Group 1 Realty Group Tract,N 85°53'30" E a distance of
49.45 feet to a 1/2-inch iron rod with cap stamped"BGE INC"(NAD-83,Central Zone Grid Coordinates:
N: 10,173,017.96,E: 3,127,055.45)set for the most northerly northeast corner of the herein described
parcel,65.00 feet right of Chisholm Trail Road baseline station 34+15.28,from which a 1/2-inch iron rod
found at the most northerly northeast corner of said Group 1 Realty Group Tract,and at an interior corner
of said Georgetown Railroad Company Tract,bears N 85°53'30"E a distance of 310.62 feet;
THENCE,departing said common line,over and across said Group 1 Realty Group Tract,S 05°56'22"E
a distance of 17.71 feet to a 1/2-inch iron rod with cap stamped`BGE INC"set at a point of curvature of
a curve to the left,65.00 feet right of Chisholm Trail Road baseline station 33+97.57;
THENCE,continuing over and across said Group 1 Realty Group Tract,along said curve to the left,an
arc distance of 165.03 feet,having a radius of 935.00 feet,a central angle of 10°06'47"and a chord which
bears S 10°59'45"E a distance of 164.82 feet to a point for corner,to a 1/2-inch iron rod with cap
stamped`BGE INC" set for a point of tangency,65.00 feet right of Chisholm Trail Road baseline station
32+21.07;
THENCE,continuing over and across said Group 1 Realty Group Tract,S 16°03'09" E a distance of
150.00 feet to a 1/2-inch iron rod with cap stamped`BGE INC"set at a point of curvature of a curve to
the right,65.00 feet right of Chisholm Trail Road baseline station 30+71.07;
THENCE,continuing over and across said Group I Realty Group Tract,along said curve to the right,an
arc distance of 260.56 feet,having a radius of 1,065.00 feet,a central angle of 14'01'05" and a chord
which bears S 09°02'36"E a distance of 259.91 feet to a point for corner,to a 1/2-inch iron rod with cap
stamped`BGE INC" set for an angle point,65.00 feet right of Chisholm Trail Road baseline station
28+26.41;
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ROAD.DOCX
Page 3 of 6
THENCE,continuing over and across said Group 1 Realty Group Tract,S 47°24'42" E a distance of
44.38 feet to a 1/2-inch iron rod with cap stamped"BGE INC"set for an angle point,60.00 feet left of
Chisholm Trail Road(side street)baseline station 100+98.42;
THENCE,continuing over and across said Group 1 Realty Group Tract,N 89°25'10" E a distance of
391.25 feet to a 1/2-inch iron rod with cap stamped"BGE INC"set on the west right-of-way line of said
North Interstate Highway 35 and the east line of said Group I Realty Group Tract,for the most easterly
northeast corner of the herein described parcel,60.00 feet left of Chisholm Trail Road(side street)
baseline station 104+89.66,from which a TxDOT Type I monument found at a common angle point on
the west right-of-way line of said North Interstate Highway 35 and the east line of said Group 1 Realty
Group Tract,bears N 25°09'24" E a distance of 67.36 feet;
THENCE,with the west right-of-way line of said North Interstate Highway 35 and the east line of said
Group I Realty Group Tract,S 25°09'24" W a distance of 43.20 feet to the POINT OF BEGINNING
and containing 1.028 acres(44,783 square feet)of land, more or less.
Bearing orientation is based on the Texas State Plane Coordinate System NAD-83,Central Zone 4203.
All distances are surface and may be converted to grid by dividing by a scale factor of 1.00012.
I hereby certify that these notes were prepared by BGE from a survey made on the ground under my
supervision on December 8,2021 and are true and correct to the best of my knowledge.A sketch
accompanies this description.
OF TF
P00iE�fG. yN
..................:....
DAMIAN G. FISHER
.A� 6928 I I/17/'_022
'9 °Fts S%ot• .11�
Damian G. Fisher RPLS No.6928 �� SURJ� Date
BGE, Inc.
101 West Louis Henna Blvd.,Suite 400
Austin,Texas 78728
Telephone: (512)879-0400
TBPELS Licensed Surveying Firm No. 10106502
Client: City of Round Rock
Date: November 17,2022
Job No: 9088-00
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ROAD.DOCX
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1 IN 85'53'09" E}
(N 85'55'21' E 359.98')
on L5
N 85'53'30" E 310.62'
0
5'L6+££ STA 34+15.28
65.00' RT GEORGETOWN RAILROAD
GRID COORDINATES COMPANY, INC.
m N: 10,173,017.96 REMAINDER OF A CALLED
J E: 3,127,055.45 260.39 ACRES
1 (TRACT IIA)
W STA 33+97.57 VOL 880, PG. 630 D.R.W.C.
0 65.00' RT
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\ 0 GROUP 1 REALTY, INC.
65.00' RT
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CALLED 6.61 ACRES
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>N 1.028 ACRES
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3 0 + STA 28+26.41 44.783 SQUARE FEET
o o N 1 65.00' RT A PORTION OF A CALLED 6.611 ACRES
o:N CHISHOLM TRAIL GROUP 1 REALTY, INC.
O vo ALIGNMENT DOC. N0. 2011070377 O.P.R.W.C.
x Z I STA 100+98.42
17) 0 60.00' LT STA 104+89.&.-i
o I I CHISHOLM TRAIL 60.00' LT ^O\o N f°
(SIDE STREET) /I o+ 0 J ALIGNMENT 89'25'10" 391.25' N
0 +
+ M
colM N O
N O ) ^ h P O
.- [S 89'00'03" W 414.90' �o
Of' L+LZ :0d m SL'ti l-V M „Z9,Z0.68 S (s Bs o1'4s" w ala.sa') ` a a
101 00 — 102+00 — 103+000_ —104+00 105+00
I CHISHOLM TRAIL ROAD (SIDE STREET) P.0.B.
0 RL SURVEYING
+ RPLS 4532" (R.O.W. VARIES) CAB. K, SLIDE 290 P.R.W.C. LEANING
`4 — — — -PROPOSED CHISHOLM TRAIL (SIDE STREET) BASELINE
GENERAL NOTES: BGE,Inc.
101 West Louis Henna Blvd,Suite 400.Austin,TX 78728
com
1. BEARING ORIENTATION IS BASED ON THE TEXAS STATE PLANE X. 3
Tel ELS5`12 Licensed
•www.bgFirm No.
COORDINATE SYSTEM, CENTRAL ZONE 4203, NAD83. DISTANCES TBPELS licensed Surveying Finn No.10106502
SHOWN HEREON ARE IN SURFACE AND CAN BE CONVERTED TO GRID PLAT OF PARCEL 1
BY DIVIDING BY THE COMBINED SCALE FACTOR = 1.00012 1.028 ACRES (44,783 S.F.)
2. A METES AND BOUNDS DESCRIPTION OF EVEN DATE WAS PREPARED IN CHISHOLM TRAIL ROAD
CONJUNCTION WITH THIS SKETCH. DAVID CURRY SURVEY, A-130
3. THIS PARCEL PLAT WAS MADE IN RELIANCE UPON THAT CERTAIN ROUND ROCK, TEXAS
COMMITMENT FOR TITLE INSURANCE ISSUED BY NATIONAL INVESTORS COUNTY, STATE
TITLE INSURANCE COMPANY AND TEXAS NATIONAL TITLE, INC. UNDER
G.F. NO. T-167480, DATED EFFECTIVE OCTOBER 7, 2022 AND ISSUED Scale: Job No.: Date: Drawing:
ON OCTOBER 21, 2022. 1" = 100' 9088-00 111/17/2022 4 OF 6
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CURVE TABLE
NUMBER ARC LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE
C1 136.93' 380.00' 20'38'44" N 13'43'00" W 136.19'
C2 114.07' 320.00' 20'25'24" N 13'47'05" W 113.46'
C3 165.03' 935.00' 10'06'47" S 10'59'45" E 164.82'
C4 260.56' 1,065.00' 14'01'05" S 09'02'36" E 259.91'
RECORD CURVE TABLE
NUMBER ARC LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE
(Cl) (137.10') (380.00') (20-40-16") (N 13'40'14" W) (136.35')
[Cl] [137.02'] [380.00'] [20-39-32"] [N 13-39-08" W] [136.27']
(C2) (114.12') (320.00') (20-25-58") (N 13'47'23" W) (113.51')
[C2] [114.04'] [320.00'] [20-25-00"] [N 13'46'59" W] [113.43']
LINE TABLE RECORD LINE TABLE
NUMBER BEARING DISTANCE NUMBER BEARING DISTANCE
Lt S 85'05'22" W 2.59' (1-1) (S B6'16'49" W) (2.27')
L2 N 03*13'07" W 98.96' [1-1] [S 86-18-11" E] [2.34']
L3 N 23'58'41" W 197.51' (L2) (N 03'20'06" W) (98.63')
L4 N 03'36'42" W 127.46' [1-2] [N 03'12'03" W] [98.52']
L5 N 85'53'30" E 49.45' (L3) (N 24'00'22" W) (197.45')
L6 S 05'56'22" E 17.71' [1-3] [N 24'00'33" W] [197.70']
L7 S 16'03'09" E 150.00' (1-4) (N 03'34'24" W) (127.48')
L8 S 47'24'42" E 44.38' [1-4] [N 03'3B'22" W] [127,58']
L9 S 25'09'24" W 43.20' [L10] [S 85-52-49" W] [75.00']
L10 S 86'02'51" W 75.16'
L11 N 25'09'24" E 67.36'
LEGEND
DOC. DOCUMENT
D.R.W.C. DEED RECORDS OF WILLIAMSON COUNTY
NO. NUMBER
0.P.R.W.C. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY
P.O.B. POINT OF BEGINNING BGE,Inc.
P.R.W.C. PLAT RECORDS OF WILLIAMSON COUNTY ' 101 West Louis Hanna Blvd,Suite 400.Austin,TX 78728
mcom
R.O.W. RIGHT-OF-WAY TBPEL-Licensed•wwyin geim No.
TBPELS Licensed Surveying Firm No.10706502
VOL. VOLUME
( ) RECORD INFO FOR DOC. NO. 2011070377 O.P.R.W.C. PLAT OF PARCEL 1
[ ] RECORD INFO FOR DOC. NO. 2019052860 O.P.R.W.C. 1.028 ACRES (44,783 S.F.)
( ) RECORD INFO FOR VOL. 880, PG. 630 D.R.W.C. CHISHOLM TRAIL ROAD
< > RECORD INFO FOR VOL. 467, PG. 570 D.R.W.C. DAVID CURRY SURVEY, A-130
• FOUND 1/2" IRON ROD ROUND ROCK, TEXAS
0 SET 1/2" IRON ROD W/"HAYS ROW BGE" CAP
>� FOUND COTTON SPINDLE COUNTY, STATE
p CALCULATED POINT Scale: Job No.: Dote: Drawing:
FOUND TXDOT TYPE I MONUMENT 1" = 100' 9OB8-00 11/17/2022 5 OF 6
\TXC\Pro' is Cit _RoundRock 9088-00_Chisholm frail Rd 06-Surve 04-Finals\Drowin s\Parcel Doc\9088-00_Chishotm Trail Rood.dw , 11/17/2022 4:08 PM, Dornior
RESTRICTIVE COVENANT AND EASEMENT NOTES: 10.13. A PUBLIC UTILITY EASEMENT AND TEMPORARY
10.2. AN ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE CONSTRUCTION EASEMENT GRANTED TO THE CITY OF
EASEMENT GRANTED TO TEXAS POWER & LIGHT ROUND ROCK, TEXAS AS DESCRIBED IN VOLUME 1656,
COMPANY AS DESCRIBED IN VOLUME 282, PAGE 41, PAGE 867 OF THE OFFICIAL RECORDS OF WILLIAMSON
VOLUME 282, PAGE 401 AND VOLUME 353, PAGE 45 OF COUNTY, TEXAS, DOES NOT AFFECT THE SUBJECT
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. TRACT.
THE SUBJECT TRACT. VOLUME 282, PAGE 41 DOES NOT 10.14. A TEMPORARY CONSTRUCTION EASEMENT GRANTED TO
AFFECT THE SUBJECT TRACT, VOLUME 282, PAGE 401 WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
AND VOLUME 353, PAGE 45 MAY AFFECT THE SUBJECT AS DESCRIBED IN VOLUME 1656, PAGE 883 OF THE
TRACT OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
10.3. AN ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE DOES NOT AFFECT THE SUBJECT TRACT.
EASEMENT GRANTED TO LOWER COLORADO RIVER 10.15. A SANITARY SEWER LINES AND RELATED
AUTHORITY AS DESCRIBED IN VOLUME 333, PAGE 515 APPURTENANCES EASEMENT GRANTED TO WILLIAMSON
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 AS
DOES NOT AFFECT THE SUBJECT TRACT. DESCRIBED IN TEMPORARY CONSTRUCTION EASEMENT
10.4. AN EASEMENT GRANTED TO BRUSHY CREEK WATER RECORDED IN VOLUME 1762, PAGE 428 AND IN VOLUME
CONTROL AND IMPROVEMENT DISTRICT NO. 1 AS WILLIAMSON PAGE 437 OF THE OFFICIAL RECORDS OF
DESCRIBED IN VOLUME 480, PAGE 293 AND VOLUME SUBJECT
T COUNTY, TEXAS, DOES NOT AFFECT THE
S
480, PAGE 295 OF THE DEED RECORDS OF WILLIAMSON SUBJECT TRACT.
COUNTY, TEXAS. VOLUME 480, PAGE 293 DOES NOT 10,16, A STORM WATER DRAINAGEWAY EASEMENT GRANTED TO
AFFECT THE SUBJECT TRACT, VOLUME 480, PAGE 295 CITY OF ROUND ROCK AS DESCRIBED IN VOLUME 2015,
MAY AFFECT THE SUBJECT TRACT. PAGE 973 OF THE RECORDS OF OFFICIAL COUNTY,
10.5, AN ELECTRIC POWER LINES AND COMMUNICATION LINES TEXAS, DOES NOT AFFECT THE SUBJECT TRACT.
EASEMENT GRANTED TO TEXAS POWER & LIGHT 10.17. A WASTEWATER LINE EASEMENT GRANTED TO THE CITY
COMPANY AS DESCRIBED IN VOLUME 430, PAGE 597, OF ROUND ROCK AS DESCRIBED IN VOLUME 2015, PAGE
VOLUME 447, PAGE 418, VOLUME 451, PAGE 38, 977 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
VOLUME 466, PAGE 130 AND VOLUME 544, PAGE 170 TEXAS, DOES NOT AFFECT THE SUBJECT TRACT.
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. 10.1& A NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT
VOLUME 430, PAGE 597, VOLUME 447, PAGE 418, GRANTED TO KELLY JOE BEHRENS AND WIFE, JULIE RAE
VOLUME 451, PAGE 38, VOLUME 466, PAGE 130 MAY BEHRENS AS DESCRIBED IN VOLUME 2067, PAGE 694
AFFECT THE SUBJECT TRACT, VOLUME 544, PAGE 170 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
DOES NOT AFFECT THE SUBJECT TRACT. TEXAS, DOES NOT AFFECT THE SUBJECT TRACT.
10.6. A SANITARY SEWER OR WATER LINES EASEMENT (TERMINATION OF EASEMENT RECORDED IN DOC. NO
GRANTED TO THE CITY OF ROUND ROCK AS DESCRIBED 2011062096 O.P.R.W.C.)
IN VOLUME 547, PAGE 96 AND VOLUME 548, PAGE 249
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
DOES NOT AFFECT THE SUBJECT TRACT.
10.7. A PIPE LINE AND APPURTENANCES EASEMENT GRANTED
TO LONE STAR GAS COMPANY AS DESCRIBED IN
VOLUME 562, PAGE 529 OF THE DEED RECORDS OF I hereby certify that this survey was made on
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT THE the ground by BGE, Inc. under my supervision
SUBJECT TRACT. on December 12, 2021 and is true and correct
10.8. A SANITARY SEWER OR WATER LINES EASEMENT to the best of my knowledge. The property has
GRANTED TO THE CITY OF ROUND ROCK AS DESCRIBED access to a public roadway and there are no
IN VOLUME 705, PAGE 49 OF THE DEED RECORDS OF visible encroachments, except as shown hereon.
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT THE
SUBJECT TRACT.
10.9. AN ELECTRIC DISTRIBUTION LINE EASEMENT
GRANTED TO TEXAS SOUTHWESTERN BELL COMPANY& LIGHT LTELEPHONE CO. AS OF
�E
AND TF 11/17/2022
DESCRIBED IN VOLUME 828, PAGE 551 OF THE AllP,.�ca1 stegFd•y
DEED RECORDS OF WILLIAMSON COUNTY, C9 . * to
TEXAS, DOES NOT AFFECT THE SUBJECT •' •••• •'
TRACT. DAMIAN G. FISHER DAMIAN G. FISHER RPLS NO. 6928
BGE, INC.
10.10. A NON-EXCLUSIVE ROADWAY EASEMENT 'A 6928
P• 101 WEST LOUIS HENNA BLVD., SUITE 400
GRANTED TO CONTINENTAL DIVERSIFIED 9 'OFEss���''�� AUSTIN, TEXAS 78728
INVESTMENTS, INC. AS DESCRIBED IN VOLUME SUR� TELEPHONE: (512) 879-0400
959, PAGE 878 AND CORRECTED IN VOLUME
965, PAGE 440 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT THE BGE,Inc.
SUBJECT TRACT. 101 West Louis Henna Blvd,Suite 400.Austin,TX 78728
Tel 512-879-0400•vn v,bgeinc.corn
10.11. A WATER LINE EASEMENT GRANTED TO THE CITY OF TBPELS Licensed Surveying Finn No 10105502
ROUND ROCK AS DESCRIBED IN VOLUME 1053, PAGE
331 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, PLAT OF PARCEL 1
TEXAS, DOES NOT AFFECT THE SUBJECT TRACT. 1.028 ACRES (44,783 S.F.)
10.12. A RIGHT-OF-WAY AND WASTEWATER LINES EASEMENT CHISHOLM TRAIL ROAD
WITH TEMPORARY CONSTRUCTION EASEMENT GRANTED
TO BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DAVID CURRY SURVEY, A-130
DISTRICT AS DESCRIBED IN VOLUME 1619, PAGE 316 ROUND ROCK, TEXAS
AND IN VOLUME 1619, PAGE 330 OF THE OFFICIAL COUNTY, STATE
RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT
AFFECT THE SUBJECT TRACT, Scale: Job No. Date: I Drawing:
1" = 100' 9088-00 11/17/2022 6 OF 6
EXHIBIT "B"
Parcel I
DEED
Chisholm "frail North
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 GROUP 1 REALTY, INC., 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 1.028 acre (44,783 square foot) tract of land out of and situated in the
David Curry Survey, Abstract No. 130 in Williamson County, "Texas; more fully
described in Exhibit"A", attached hereto and incorporated herein (Parcel I .
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 the proposed roadway facility improvements and appurtenances on the
Property.
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.
[signatztre page follows]
2.
GRANTOR:
GROUP 1 REALTY, INC.
By:
Name:
Title:
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:
3.
EXHIBIT C
SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM CONDEMNING ENTITY
Sec. 21.101. RIGHT OF REPURCHASE. (a) A person from whom a real property interest is
acquired by an entity through eminent domain for a public use, or that person's heirs, successors,
or assigns, is entitled to repurchase the property as provided by this subchapter if:
(1) the public use for which the property was acquired through eminent domain is canceled
before the property is used for that public use;
(2) no actual progress is made toward the public use for which the property was acquired
between the date of acquisition and the loth anniversary of that date; or
(3) the property becomes unnecessary for the public use for which the property was
acquired, or a substantially similar public use, before the loth anniversary of the date of
acquisition.
(b) In this section, "actual progress" means the completion of three or more of the following
actions:
(1) the performance of a significant amount of labor to develop the property or other
property acquired for the same public use project for which the property owner's property was
acquired;
(2) the provision of a significant amount of materials to develop the property or other
property acquired for the same public use project for which the property owner's property was
acquired;
(3) the hiring of or contracting with and the performance of a significant amount of work
by an architect, engineer, or surveyor to prepare a plan, plat, or easement that includes the
property or other property acquired for the same public use project for which the property owner's
property was acquired;
(4) application for state or federal funds to develop the property or other property
acquired for the same public use project for which the property owner's property was acquired; or
(5) application for a state or federal permit or certificate to develop the property or
other property acquired for the same public use project for which the property owner's property was
acquired.
EXHIBIT C
(b-1) Notwithstanding Subsection (b) , a navigation district or port authority, or a water
district implementing a project included in the state water plan adopted by the Texas Water
Development Board, may establish actual progress for purposes of this section by:
(1) the completion of one action described by Subsection (b); and
(2) the adoption by a majority of the entity's governing body at a public hearing of a
development plan for a public use project that indicates that the entity will not complete more than
one action described by Subsection (b) before the loth anniversary of the date of acquisition of the
property.
(c) A district court may determine all issues in any suit regarding the repurchase of a real
property interest acquired through eminent domain by the former property owner or the owner's heirs,
successors, or assigns.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18) , Sec. 19, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 86 (S.B. 726), Sec. 1, eff. September 1, 2021.
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED. Not later than the 180th day after
the date an entity that acquired a real property interest through eminent domain determines that the
former property owner is entitled to repurchase the property under Section 21.101, the entity shall
send by certified mail, return receipt requested, to the property owner or the owner's heirs,
successors, or assigns a notice containing:
(1) an identification, which is not required to be a legal description, of the property
that was acquired;
(2) an identification of the public use for which the property had been acquired and a
statement that:
(A) the public use was canceled before the property was used for the public use;
(B) no actual progress was made toward the public use; or
(C) the property became unnecessary for the public use, or a substantially similar
public use, before the loth anniversary of the date of acquisition; and
EXHIBIT C
(3) a description of the person's right under this subchapter to repurchase the property.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 19, eff. September 1, 2011.
Sec. 21.1021. REQUESTS FOR INFORMATION REGARDING CONDEMNED PROPERTY. (a) On or after the
loth anniversary of the date on which real property was acquired by an entity through eminent
domain, a property owner or the owner's heirs, successors, or assigns may request that the
condemning entity make a determination and provide a statement and other relevant information
regarding:
(1) whether the public use for which the property was acquired was canceled before the
property was used for the public use;
(2) whether any actual progress was made toward the public use between the date of
acquisition and the loth anniversary of that date, including an itemized description of the progress
made, if applicable; and
(3) whether the property became unnecessary for the public use, or a substantially similar
public use, before the loth anniversary of the date of acquisition.
(b) A request under this section must contain sufficient detail to allow the entity to
identify the specific tract of land in relation to which the information is sought.
(c) Not later than the 90th day following the date of receipt of the request for information,
the entity shall send a written response by certified mail, return receipt requested, to the
requestor.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 19, eff. September 1, 2011.
Sec. 21.1022. LIMITATIONS PERIOD FOR REPURCHASE RIGHT. Notwithstanding Section 21.103, the
right to repurchase provided by this subchapter is extinguished on the first anniversary of the
expiration of the period for an entity to provide notice under Section 21.102 if the entity:
(1) is required to provide notice under Section 21.102;
EXHIBIT C
(2) makes a good faith effort to locate and provide notice to each person entitled to
notice before the expiration of the deadline for providing notice under that section; and
(3) does not receive a response to any notice provided under that section in the period
for response prescribed by Section 21.103.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18) , Sec. 19, eff. September 1, 2011.
Sec. 21.103. RESALE OF PROPERTY; PRICE. (a) Not later than the 180th day after the date of
the postmark on a notice sent under Section 21.102 or a response to a request made under Section
21.1021 that indicates that the property owner, or the owner's heirs, successors, or assigns, is
entitled to repurchase the property interest in accordance with Section 21.101, the property owner
or the owner's heirs, successors, or assigns must notify the entity of the person's intent to
repurchase the property interest under this subchapter.
(b) As soon as practicable after receipt of a notice of intent to repurchase under Subsection
(a) , the entity shall offer to sell the property interest to the person for the price paid to the
owner by the entity at the time the entity acquired the property through eminent domain. The
person's right to repurchase the property expires on the 90th day after the date on which the entity
makes the offer.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 19, eff. September 1, 2011.