R-2023-310 - 9/28/2023 RESOLUTION NO. R-2023-310
WHEREAS, the City of Round Rock ("City") desires to purchase a 6.345-acre right of way
parcel and 0.059-acre drainage easements required for the CR 112 Improvements Project("Property");
and
WHEREAS, Avery Ranch Company, Ltd. and Avery Trusts, the owners of the Property, have
agreed to sell said Property to the City,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Avery Ranch Company, Ltd. and Avery Trusts, for the purchase of the above-described
Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 28th day of September, 2023.
CRARoOR AN, Mayor
City o un ock,Texas
ATTEST:
_PMAGAN SP KS, Cit Jerk
0112.20232;4874-1941-9008
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EXHIBIT
"A
/�„
REAL ESTATE CONTRACT !'►
CR 112 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and among AVERY
RANCH COMPANY, LTD., a Texas limited partnership; Marta C. Avery, Trustee of the
MARTA C. AVERY EXEMPT TRUST, a sub-trust of the Charles N. Avery III Exempt Trust
under the LSA Trust Agreement effective December 24, 1992; John S. Avery, Trustee of the
JOHN S. AVERY EXEMPT TRUST; A. Nelson Avery, Trustee of the A. NELSON AVERY
EXEMPT TRUST; and Lucille Christina Avery Fell, Trustee of the LUCILLE CHRISTINA
AVERY FELL EXEMPT TRUST (collectively 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 agrees to sell and agrees to convey, and Purchaser agrees to
purchase and to pay for:
a fee simple interest in all of that certain 6.345-acre (276,374 square foot) tract of
land out of and situated in the Thomas Toby Survey, Abstract No. 625 (Seaborn
Travis S-141) and the Thomas Glasscock Survey, Abstract No. 2.5.5, both in
Williamson County, Texas; more fully described in Exhibit "A", attached hereto
and incorporated herein; 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 and any improvements
and fixtures situated on and attached to the Land not otherwise retained by Seller
(all of such real property, rights, and appurtenances being referred to in this
Contract as the "Land"); and
a drainage easement interest in and across (a) a 0.029-acre (1,258 square feet)
tract of land out of the Thomas Glasscock Survey, Abstract No. 255, Williamson
County, Texas; said tract being more particularly described by metes and bounds
and by sketch as set forth in Exhibit "13-1", attached hereto and incorporated
herein by reference for all purposes; and (b) a 0.030-acre (1,290 square feet) tract
of land out of the Thomas Glasscock Survey, Abstract No. 255, Williamson
County, Texas; said tract being more particularly described by metes and bounds
and by sketch as set forth in Exhibit "B-2", attached hereto and incorporated
herein by reference for all purposes (collectively, the "Drainage Easement Area"),
for the consideration and upon and subject to the terms, provisions, and conditions set
forth below. The interests to be conveyed by Seller to Purchaser pursuant to this Contract
are collectively referred to herein as the "Property."
ARTICLE II
PURCHASE PRICE
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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 ONE MILLION FIVE HUNDRED THOUSAND and 00/100 Dollars
($1,500,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash or other good funds at the Closing.
Special Provisions and Additional Consideration
2.03. Utility Improvements. As additional consideration for the purchase of the Property,
and as an obligation which shall survive the Closing of this transaction, as part of the proposed
CR 112 roadway improvement proj ect("Proi ect") upon the Property, Purchaser shall cause, at its
sole cost and expense, the following additional improvements ("Utility Improvements") to be
constructed as a part of the Project:
Conduit for dry utilities
4x170 LF of 6" SCH 80 PVC
16" Waterline
2x170 LF of 16" PVC
2x170 LF of 24" Steel Encasement
Encasement for reclaimed water
1 x 180 LF of 18" Steel Encasement
Wastewater line Extension
lx70 LF of 24" Steel Encasement
lx70 LF of 12" PVC DR-21
1 —Wastewater manhole (precast)
The horizontal alignment of the proposed Utility Improvements shall be in substantial
compliance with the locations as shown on the CR 112 Conduit Exhibit attached hereto as
Exhibit "C", or as otherwise determined by Purchaser's Project design engineering consultant
using best engineering practices and any requirements of the City of Round Rock Design and
Construction Standards ("DACS"), and the preliminary plans and specifications dated March 28,
2023, titled "95% Submittal" prepared by RPS Group on behalf of the City of Round Rock,
Texas Transportation Department, and any subsequent updated versions which follow, or as
otherwise subsequently agreed between Purchaser and Seller in the Project field.
If, prior to or after Closing, Purchaser, its agents and/or contractors require access over or
use of a portion of Seller's real property that is adjacent to the Property (the "Seller's Retained
Land") to complete the Project, then Purchaser shall, at Purchaser's sole cost and expense,
prepare for Seller's review and approval, which approval shall not be unreasonably withheld,
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conditioned, or delayed, a temporary license agreement over the Seller's Retained Land;
provided, however, that such license shall, among other things: (a) only be of a duration
reasonably necessary to complete the Project, (b) only affect the portion of Seller's Retained
Land that is adjacent to the Property and extending a maximum distance of twenty-five feet (25')
as measured by a line running perpendicular to the common boundary between the Property and
Seller's Retained Land, (c) include an exhibit which references monumented survey boundary
points and border distances for the affected portion of Seller's Retained Land prepared by
Purchaser, (d) provide that Purchaser shall promptly repair any damage caused to Seller's
Retained Land arising from Purchaser's, its agents' and contractors' use of the same, (e) be
subject reasonable rules and regulations imposed by Seller, including those stipulating minimum
requirements for insurance to be maintained by Purchaser, (f) include an obligation whereby, to
the extent allowed by law Purchaser, its agents and contractors shall agree to release, indemnify,
and otherwise hold Seller harmless from any damages or other losses to owner or any third party
resulting from any acts or omissions performed under the limited right of possession herein, and
(g) not be recorded by Purchaser.
Purchaser shall require construction and installation of the Utility Improvements in a
good and workmanlike manner in compliance with any requirements of the City of Round Rock
DACS and all applicable laws. Upon completion of the construction of the Utility Improvements
and formal acceptance of the Project by the City of Round Rock, Purchaser shall have no further
obligation or warranty for operation or maintenance of the Utility Improvements, and Seller, its
successors or assigns shall follow required application or permitting procedures, if any, for future
access to or use of the Utility Improvements.
ARTICLE III
CONDITIONS PRECEDENT
Conditions to Purchaser's Obliszations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the conditions in Section 3.02
below(any of which may be waived in whole or in part by Purchaser at or prior to the Closing).
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.
Conditions to Seller's Obli atm
3.03. The obligations of Seller hereunder to consummate the transactions contemplated
hereby are subject to the satisfaction of each of the conditions in Section 3.04 below (any of
which may be waived in whole or in part by Seller at or prior to the Closing).
3.04. Purchaser 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 Purchaser prior to or as of the Closing.
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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 current, actual knowledge of Seller:
(a) There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers, other than those that shall be terminated by Seller prior to
the Closing;
(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 Longhorn Title Company (the "Title
Company") on or before October 15, 2023, or at such other time, date, and place as Seller and
Purchaser may agree in writing if necessary to allow Seller to satisfy the Conditions Precedent
(which date is herein referred to as the "Closing Date").
Seller's Obligations at Closinz
5.02. At the Closing Seller shall:
(1) Deliver to the Title Company a duly executed and acknowledged Deed conveying
good and indefeasible title in fee simple to Purchaser as to all of the Land described in Exhibit
"A", free and clear of any and all liens and restrictions, except for those matters set forth in the
Deed.
(2) The Deed shall be in the form as shown in Exhibit"D" attached hereto.
(3) Deliver to the Title Company a duly executed and acknowledged Storm Sewer and
Drainage Easement granting an easement over the Drainage Easement Area, free and clear of
any and all liens and restrictions, except for those matters set forth in the Storm Sewer and
Drainage Easement.
(4) The Storm Sewer and Drainage Easement shall be in the form as shown in Exhibit
"E" attached hereto.
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(5) Provide reasonable assistance as requested and, at no cost to Seller, to cause Title
Company to provide Purchaser, at Closing, 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 Purchaser's fee simple and/or easement interests in and to the Property, as applicable,
subject only to the terms of such policy 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 (in the event
Purchaser obtains and provides a survey acceptable to the Title Company
for such purposes);
(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".
(6) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
estimated upon (a) the basis of the tax rate for the current year applied to the latest assessed
valuation and (b) the relative area of the Property as compared to the larger tax parcel of which it
is a part, but shall otherwise be the continuing obligation of Seller, to the extent relating to the
time period on and prior to the Closing Date. Agricultural roll-back taxes, if any, which directly
result from the completion of this transaction and conveyance shall be paid by Purchaser.
Closing
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, requested Title Policy endorsements, and survey to be paid
by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
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(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively as incurred.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder
or shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may, as its exclusive remedies: (1) enforce specific performance of this Contract; or
(2) terminate this Contract and request that the Escrow Deposit, if any, shall be forthwith
returned by the Title Company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive
the Escrow Deposit, if any, from the Title Company, the sum being agreed on as liquidated
damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed
upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this
cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event.
If no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated
damages for any failure by Purchaser. In the event Purchaser shall fail to diligently pursue and
complete its obligations under Section 2.03 of this Contract, Seller will be entitled to any and all
rights and remedies available to Seller at law or in equity. For the avoidance of doubt, the
foregoing sentence shall survive the Closing under this Contract.
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 Ahhly
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.
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Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
8.08. INTENTIONALLY DELETED.
Compliance
8.09. In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney
of Purchaser's own selection.
Effective Date
8.10. This Contract shall be effective as of the date it is approved by the City Council of
the City of Round Rock, which date is indicated beneath the Mayor's or other authorized signer's
signature below.
Counterparts
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8.11. This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
[SIGNATURE PAGES FOLLOW]
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SELLER:
AVERY RANCH COMPANY, LTD.,
A Texas limited partnership
By: CJAC, Inc., a Texas corporation,
Its: General Partner
DocuSigned by:
By:
a � .
Name: John S. Avery
Its: Preside/2023
Date:
L
d by:
a � .
John S. Avery, Trustee of the
John S. AV/,,-�Mqppl Trust
Date:
DocuSigned by:
E
. Irk(Sbl� btry
@F5✓FeES�D�i10...
A. Nelson Avery, Trustee of the
A. Nelson Ave Exempt Trust
Date: 9/12/023
DocuSigned b( usfi" avv�
y:
Fm 4BA90264DE...
Lucille Christina Avery Fell, Trustee of the
Lucille Christina Avery Fell Exempt Trust
Date: 9/12/2023
DocuSiigned by:
Marta C. Avery, Trustee of the
Marta C. Avery Exempt Trust, a sub-trust of the
Charles N. Avery III Exempt Trust under the
LSA TrusttA2r e 3 nt effective December 24, 1992
Date:
Address: c/o Armbrust& Brown, PLLC
Attn: Kevin M. Flahive
100 Congress Ave., Suite 1300
Austin, Texas 78701
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Craig Morgan, Mayor Round Rock, Texas 78664
Date:
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County: Williamson Page 1 of 6
Porcel : 1— Avery Exempt Trust 01-04-23
Highway: C.R. 112
A
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 6.345 ACRE (276,374 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE
THOMAS TOBY SURVEY, ABSTRACT NO. 625 (SEABORN TRAVIS S-141) AND THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 IN WILLIAMSON COUNTY, TEXAS, BEING PORTIONS OF
THAT CALLED 42.776 ACRE= (TRACT 4) AND OF THAT CALLED 97.472 ACRE (TRACT 5) OF LAND
DESCRIBED IN A TRUSTEE'S DEED TO MARTA C. AVERY EXEMPT TRUST RECORDED IN DOCUMENT
NO. 2021038922 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, PER TITLE
GF NO. GT2200987 THE RECORD TITLE TO THE ABOVE MENTIONED LAND APPEARS TO BE VESTED
IN CHARLES NEEDHAM AVERY, 111, TRUSTEE OF THE EXEMPTION EQUIVALENT TRUST, CREATED
UNDER THE WILL OF CHARLES NEEDHAM AVERY, JR., DECEASED: AVERY RANCH COMPANY, LTD.-
JOHN
TD:JOHN S. AVERY, CHARLES N. AVERY, 111, A. NELSON AVERY, AND LUCILLE CHRISTINA AVERY FELL,
TRUSTEES OF THE CHILDREN OF LUCILLE SHARP AVERY EXEMPT TRUSTS "LSA TRUST", WHICH
ENCOMPASS THE FOLLOWING TRUSTS: THE JOHN S. AVERY EXEMPT TRUST, THE CHARLES N.
AVERY III EXEMPT TRUST, THE A. NELSON AVERY EXEMPT TRUST AND THE LUCILLE CHRISTINA
AVERY FELL EXEMPT TRUST; MARTA C. AVERY, AS TRUSTEE OF THE MARTA C. AVERY EXEMPT
TRUST, A SUB-TRUST OF THE CHARLES N. AVERY III EXEMPT TRUST UNDER THE LSA TRUST, SAID
6.345 ACRE (276,374 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod with aluminum cap stamped "CORR-ROW" set 79.00 feet left of County Road
(C.R.) 112 Baseline Station 12+45.22 in the existing easterly Right-of-Way (ROW) line of A.W. Grimes
Boulevard (F.M. 1460) (variable width ROW), (Grid Coordinates determined as N=10,77,219.72
E=3,142,639.02), same being the westerly boundary line of said 42.776 acre tract, for the northwesterly corner
and POINT OF BEGINNING of the herein described parcel;
THENCE, departing the ROW line of said A.W. Grimes Boulevard, with the proposed northerly ROW line of
said C.R. 112, through the interior of said 42.776 acre tract and said 97.472 acre tract, the following four (4)
courses:
1) N 85031'18" E for a distance of 278.73 feet to an iron rod with aluminum cap stamped "CORR-ROW"
set 79.00 feet left of C.R. 112 Baseline PC Station 15+23.95, for a point of curvature to the left;
2) With said a curve to the left having a radius of 3,421.00 feet, a delta angle of 16046'29", an arc length
of 1,001.59 feet, and a chord which bears N 77008'03" E, a distance of 998.01 feet to an iron rod with
aluminum cap stamped "CORR-ROW' set 79.00 feet left of C.R. 112 Baseline PT Station 25+48.67,
for a point of tangency;
3) N 68044'49" E, at a distance of 272.40 feet pass the easterly boundary line of said 42.776 acre tract,
same being the westerly boundary line of said 94.472 acre tract and continuing for a total distance of
1,667.48 feet to an iron rod with aluminum cap stamped "CORK-ROW' set 79.00 feet left of C.R. 112
Baseline PC Station 42+16.15, for a point of curvature to the right;
4) With said curve to the right having a radius of 20,079.00 feet, a delta angle of 01013'19", an arc length
of 428.24 feet, and a chord which bears N 69°21'28" E, a distance of 428.23 feet to an iron rod with
aluminum cap stamped "CORR-ROW" set 79.00 feet left of C.R. 112 Baseline Station 46+42.70 in the
westerly boundary line of the remainder of that called 868.54 acre tract of land described in a Special
Warranty Deed to Nelson Homestead Family Partnership, LTD. recorded in Document No.
1998024076 of the Official Public Records of Williamson County, Texas, same being in the easterly
boundary line of said 97.472 acre tract, for the northeasterly corner of the herein described parcel;
5) THENCE, departing said proposed ROW line, with the common boundary line of said remainder of the
868.54 acre tract and said 97.472 acre tract, S 08004'42" E at a distance of 7.15 feet pass an iron
rod with aluminum cap stamped "CORR-ROW' set 72.00 feet left of C.R. 112 Baseline Station
46+41.23 and continuing for a total distance of 102.99 feet to a calculated point, being the common
corner of said remainder of the 868.54 acre tract and said 97,472 acre tract, same being the existing
northerly ROW line of G.R. 112 (variable width ROW), for the southeasterly corner of the herein
described parcel;
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Comity: Williamson Page 2 of 6
Parcel : 1— Avery Exempt Trust 01-04-23
Flighinray: C.R. 112
THENCE, departing the remainder of said 868.54 acre tract, with said existing northerly ROW line, same being
in part the southerly boundary line of said 97.472 acre tract and in part the southerly line of said 42.776 acre
tract, the following seven (7) courses:
6) S 70006'35" W for a distance of 6.61 feet to a calculated angle point;
7) S 68049'47"W for a distance of 1,900.51 feet to a calculated ell corner;
8) N 20°55'20" W for a distance of 10.00 feet to a calculated ell corner;
9) S 69004'40" W for a distance of 269.75 feet to a calculated point of curvature to the right;
10) With said curve to the right having a radius of 1,460.00 feet, a delta angle of 15059'02", an arc length
of 407.30 feet, and a chord which bears S 77°04'11" W, a distance of 405.98 feet to a calculated point
of non-tangency;
11) S 89°38'09" W for a distance of 250.80 feet to a calculated angle point;
12) S 85°03'43" W for a distance of 541.24 feet to a TxDOT Type II concrete monument found at the
intersection of said existing northerly ROW line of C.R. 112, and said existing easterly ROW line of
A.W. Grimes Boulevard (F.M. 1460), same being the southwesterly corner of said 42.776 acre tract,
for the southwesterly corner of the herein described tract;
13) THENCE, departing said existing C.R. 112 ROW line, with said existing easterly ROW line of A.W.
Grimes, same being the westerly boundary line of said 42.776 acre tract, with a curve to the left having
a radius of 1,185.92 feet, a delta angle of 00049'50", an arc length of 17.19 feet, and a chord which
bears N 01022'04" W, a distance of 17.19 feet to the POINT OF BEGINNING, containing 6.345 acres
(276,374 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.
TI-IE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direct supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
19'4 ,Z
M. Step en Tru sdale Date
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor � "it •, '>}'
Inland Geodetics %7
Firm Registration No: 100591-00
MIwN ••M+1aMraaie�MM
1504 Chisholm Trail Road, Suite 103 M,STEPHE0,90160ALE
Round Rock, TX 78681 4933•
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N0. DIRECTION DISTANCE I REMNANT PORTION
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L1 N2fl°55'20 W 10.00 TRACT II
DOC. NO. 2002071336
O-C.T.
773,
1 VOL. 773, PG. 652 / � I
D.R.W.C.T,
GOC 555E MARTA C. AVERY EXEMPT TRUST /
A
5 S 2 (TRACT 4)
MARTA C. AVERY
AS GL AC7 42.776 AC. EXEMPT TRUST
r�iO �S DOC. NO. 2021038922 TRACT 5 /
A C.r.R.W.C.T. ( j
97.472 2 AC.
DOC. NO. 2021038922
PT STA. 25+48.67 O.P.R.W.C.T. /
79.01)' LT � o�
v1 pRDpos�� 04°/
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o C3 15'59'02" 1,460.00' 407.30' 405-98' S77'04'1 1"W
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RE: 01/04/2023
p PARCEL PLAT SHOWING PROPERTY OF
INLAND _
n GEODETICS - � I� 1� I 7 -`
0 P O—,ONAI LAND SU0.VE - --.A.I L 1��rll IJ LI I R U ZS II
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w FIRM z�za-MkTIQN x.100591-00 1NILLIAMSgN COUNTY
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AVERY RANCH COMPANY, LTD.
f REMNANT PORTION
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TRACT II
DOC. NO. 2002071336 t;r;
O.P.R.W.C.T. f7"!
VOL. 773, PG. 652
D.R.W.C.T.
MARTA C_ AVERY EXEMPT TRUST
K SURA (TRACT 5)
Oc'G� A55C 00.Z55 DOC. NO.472 20211038922
goy ASDSTpG O.P.R.W.C.T.
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N68°44'49» 1,667.48'
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EXHIBIT A
PLAT TO ACCOMPANY DESCRIPTION NELSON HOMESTEAD FAMILY
PARTNERSHIP, LTD.
NUMBERI DELTA I RADIUS I LENGTH I CHORD CHORD BEARING REMAINDER OF 868.54 ACRES
C2 1 1'13'19" 1 20,079.00' 428.24' 1 428.23' 1 N69'21'28"E i DOC. NO. 1998024076
MARTA C. AVERY EXEMPT TRUST O.P.R.W.C.T.
SSSpCK SURVEY (TRACT 5) DESCRIBED IN
THOMAS GLASSE 255 STA. 42+16.15 97 472 AC VOL. 1133, PG. F
A S S TR A C T (v 7s.00' LT. DOC. NO. 2021038922 D.R.W.C.T.of
O.P.R.W.C.T. oI �� STA79 . 46+42.70
1 N68'44'49"E 1 667.48' C2 STA LT
N PROPOSED R.O.W.
1 CV 7.15'
STA. 45+41.23
6.345 AC. O 72.00' LT
+CD J 276.374 S4. FT. m o kr
Do m _ D C.R. 112 ENGINEER'S BASELINE 0- 0)
-- 4-7-
0+00 - - - - -
Cn� EXISTING R.O.W.
R.Q.W. WIDTH VARIES II
_ OSTENSIBLE SURVEY LINE _ _ _ _ _ _ S70'06'35"W
-- ' - - — - - - -.- - - €-XIST-IN6 --'-.O-W.— - - - 6.61'
„ -/-X--
-
x— x X—
- - - - - - - - - - - - - - - - - - - - - - - - - - - - LEGEND
} All bearings shown hereon are based on grid bearing. All distances are surface distances.
Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, 0 IRON ROD WITH ALUMINUM CAP
Central Zone. STAMPED "CORR—ROW" SET
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE O IRON ROD WITH PLASTIC CAP
INSURANCE GF NO. GT2200987, ISSUED BY TEXAN TITLE INSURANCE COMPANY, EFFECTIVE DATE FOUND — AS NOTED
SEPTEMBER 27, 2022, ISSUE DATE OCTOBER 11, 2022. 0 1/2" IRON ROD FOUND
10C. RIGHT—OF—WAY QUIT CLAIM DEED GRANTED TO WILLIAMSON COUNTY, AS SET OUT IN VOLUME 773, TxDOT TYPE II CONCRETE
m ( ) MONUMENT FOUND
wPAGE 652, OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, (AS IT PERTAINS TO TRACT 1 ONLY), Q CALCULATED POINT
v AFFECTS AS SHOWN.
n I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND PROPERTY LINE
w CORRECT AND THAT THE PROPERTY SHOWN HEREON � _V\ r LINE BREAK
Lu WAS DETE INE BY A SURVEY MADE THE
OF �l
0
d1 G 0 ND E MY D :TSUIP ERVI r:, r•'•"• F �y DENOTES COMMON OWNERSHIP
3,f'AA%�;' '� P.O.B. POINT OF BEGINNING
op
E ( ) RECORD INFORMATION
oo M. ST P EN RUESDAL DATE �T s"E D.R.W.C.T. DEED RECORDS
4 REGISTERED PROFESSIONAL . •-0 '•' � WILLIAMSON COUNTY, TEXAS
o LAND SURVEYOR NO(AD . 4933 S 9c x933 �r O.P_R.'JJ.C.T. OFFICIAL PUBLIC RECORDS
LICENSED STATE LAND SURVEYOR 9'f+�.rss% rf O WILLIAMSON COUNTY, TEXAS
J- INLAND GEODETICS ••••"
m FIRM REGISTRATION NO. 100591-00 SV�
oo
c3 1504 CHISHOLM TRAIL ROAD, SUITE 103
< ROUND ROCK, TEXAS 78681 REV: 01/04/2023
LID
pA 6. PARCEL PLAT SHOWING PROPERTY OF
I N L A N
PARCEL 1
o GEODETICS AVERY EXEMPT TRUST 6.345 AC.
0 VROFESSIO-LI DSIRV 0Y
> 1 504 CHISHOLM TRAIL RD.STE.103 276.374 SQ. FT.
ROUND ROCK.TX.78681 SCALE I PROJECT
WFRMREGI35TpATOHti0.100597'00 1" = 100'51 WILLIAMSON COUNTY CR 112
PAGE 6 OF 6
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05
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p ='-5 NORTH AN ERICA\CR 1 12\,PARCELS\PARCEL 1\PARCEL 1—AVERY—TRUST—PG4-2023-0i-04.dwg
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
County: Williamson Page 1 of 3
Parcel : 1-E PART 1-Avery Exempt Trust 01-04-23
Highway: C.R. 112
EXHIBIT B — 1
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.029 ACRE(1,258 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE THOMAS GLASSCOCK
SURVEY,ABSTRACT NO. 255 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 42.776 ACRE
(TRACT 4)AND OF THAT CALLED 97.472 ACRE(TRACT 5)OF LAND DESCRIBED IN A TRUSTEE'S DEED TO MARTA
C. AVERY EXEMPT TRUST RECORDED IN DOCUMENT NO. 2021038922 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, PER TITLE GF NO. GT2200987 THE RECORD TITLE TO THE ABOVE MENTIONED
LAND APPEARS TO BE VESTED IN CHARLES NEEDHAM AVERY, III, TRUSTEE OF THE EXEMPTION EQUIVALENT
TRUST, CREATED UNDER THE WILL OF CHARLES NEEDHAM AVERY, JR., DECEASED: AVERY RANCH COMPANY,
LTD: JOHN S. AVERY, CHARLES N. AVERY, III, A. NELSON AVERY, AND LUCILLE CHRISTINA AVERY FELL,
TRUSTEES OF THE CHILDREN OF LUCILLE SHARP AVERY EXEMPT TRUSTS "LSA TRUST", WHICH ENCOMPASS
THE FOLLOWING TRUSTS: THE JOHN S. AVERY EXEMPT TRUST, THE CHARLES N. AVERY III EXEMPT TRUST,
THE A. NELSON AVERY EXEMPT TRUST AND THE LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST; MARTA C.
AVERY, AS TRUSTEE OF THE MARTA C. AVERY EXEMPT TRUST, A SUB-TRUST OF THE CHARLES N. AVERY III
EXEMPT TRUST UNDER THE LSA TRUST, SAID 0.029 ACRE(1,258 SQUARE FOOT) PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point, 79.00 feet left of County Road (C.R.) 112 Baseline Station 27+99.26 in the proposed
northerly Right-of-Way (ROW) line of C.R. 112 (variable width ROW), (Grid Coordinates determined as N�10,177,554.50
E-3,144,123.24), being in the interior of said 42.776 acre tract, for the southwesterly corner and POINT OF BEGINNING of
the herein described parcel and from which an iron rod with aluminum cap stamped "CORR-ROW" set 79.00 feet left of
County Road (C.R.) 112 Baseline Station 25+48.67 in said proposed northerly ROW line bears S 68°44'49"W at a distance
of 250.60 feet;
THENCE, departing the proposed ROW line of said C.R. 112, through the interior of said 42.776 acre tract and said 97.472
acre tract, the following three(3)courses:
1) N 08°44'49" E for a distance of 50.58 feet to a calculated point, for the northwesterly corner of the herein
described parcel;
2) S 81°15'11" E, for a distance of 30.00 feet to a calculated point, for the northeasterly corner of the herein
described parcel;
3) S 08°44'49"W for a distance of 33.26 feet to a calculated point in said proposed northerly ROW line of G.R. 112,
for the southeasterly corner of the herein described parcel;
4) THENCE, continuing through the interior of said 42.776 and 97.472 acre tracts, with said proposed ROW line,
S 68°44'49" W, a distance of 34.64 feet to the POINT OF BEGINNING,containing 0.029 acres(1,258 square feet)
of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.4203, NAD 83,
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true
and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made
on the ground under my direct supervision.
WITNESS MY D AND SEAL at Round Rock,Will' mson County,Texas.
M. Stephen rues ale Date OF
Registered Professional Land Surveyor No. 4933 ••ti s T •+ r
Licensed State Land Surveyor h4•e° ��'�.�
Inland Geodetics :° O •
Firm Registration No: 100591-00 """• PHENTRUIEWU
1504 Chisholm Trail Road, Suite 103 M.STEPHEN
Round Rock,TX 786814M
� 4
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�•iQf
S:1RPS NORTH AMERICA4CR 1121PARCELSIPARCEL 1 E PART 1-AVERY-TRUST-REV.doc ` U
- B - 1
AVERY RANCh COMPANY, LTD.
GIS S�RVY /� REMNANT PORTION
C O OF PARCEL THREE /
/
NO. DIRECTION DISTANCE THOMAS AgSTRA T �0, 255 // DOC. NO. 200207133E /
VOL. 773, PG, 652
L1 N08'44'49"E 50.58' D.R_W.C.T.
L2 S81'15'11"E 30.00'
L3 S08'44'49"W 33.26' MARTA C. AVERY EXEMPT TRUST `
L4 S68'44'49"W 34.64' (TRACT 4) /� / MARTA C. AVERY
42.776 AC. `� EXEMPT TRUST
PT STA. 25+48.57 DOC. NO. 2021038922 ^ (TRACT 5)
79.00' LT O.R.W.C.T. // `� DOC 7.472 AC.
r N0. W.C.T. 8922
-—— O.R.W.C.T.
PROPOSED R.O.W. — L4
u
S68'44'49"W 250.60' / Its �k
/ /
P.o.B.
STA. 27+99.26 ,�
79.00' LT 3.0-29 AC.
,253 SO. FT.�
ca GRID COORDINATES: / /
N=10,177,554.50Ln ]
N E=3,144,123.24 /
a 26+00—
f - - - -r—-,i—- /- C.R. 112 ENGINEER'S BASELINE
/
EXISTING R.O:W:
— _ x
n — r- EXISTING R.O.W_
----
---
M ! WILLIAMSON COUNTY, TEXASTRACT 2
Lu (3.403 AC.) C.R. 112
W DOC. NO. 2005010992 / / (R.O.W. WIDTH VARIES)
Q O.P.R.W.C.T.
----- — — —— — —
cop
l) I _ _ _,.._. »_r / / OSTENSIBLE SURVEY LINE — — ——
VEY -- - --- - - - - - - - - -- -- - - - --
00
WILLIS DONAHO NO U17
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- - - - - - - - - - - - i r7- - -- - --- - - - - - -/- - - - - - - - - -- - --J 01/04/2023
p PARCrL PLAT SHOWING PROPERTY OF
��'�,I
NLA N D _ 6�`CEL I L
N � a DIDJIP d TRUST
d _
0- GEODETICS \ h A� ® r R S�
O E.I IANO SURVEYORS J`v
N `I 171747.5..L.DkO TRAIL R 381 103 a u2 ` S�a Fd.
ROUND RocR,Tx,zees, SCALE PROJECT
w _ s rt.Islzizse-zoo.culs,zzas,zsl WILLIA{vSON COUNTY
FIRM ftLGISTaAnUN NO.100591-ee != I�� _ ,�j0 CR 112 PALL 2 �F J�,I
7
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0S NORTH AMEFrA\CR 11?\PAR CELS\PARCEL 1\PAR C E_ 1E-I ' I-AVERY-TRUST-RE`:
B - 1
LEGEND
O IRON ROD WITH ALUMINUM CAP P.O.B. POINT OF BEGINNING
STAMPED "CORR—ROW" SET ( ) RECORD INFORMATION
D IRON ROD WITH PLASTIC CAP P.R_W.C.T. PLAT RECORDS
FOUND — AS NOTED WILLIAMSON COUNTY, TEXAS
® 1/2" IRON ROD FOUND D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
9 TxDOT TYPE II CONCRETE O.R.W.C_T. OFFICIAL RECORDS
MONUMENT FOUND WILLIAMSON COUNTY, TEXAS
0 CALCULATED POINT O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
PROPERTY LINE WILLIAMSON COUNTY, TEXAS
LINE BREAK
�—� DENOTES COMMON OWNERSHIP
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas State
Plane Coordinate System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. GT2200987, ISSUED BY TEXAN
TITLE INSURANCE COMPANY, EFFECTIVE DATE SEPTEMBER 27, 2022, ISSUE DATE OCTOBER 11, 2022.
10C. RIGHT—OF—WAY (QUIT CLAIM) DEED GRANTED TO WILLIAMSON COUNTY, AS SET OUT IN VOLUME 773, PAGE 652, OF THE DEED RECORDS OF
WILLIAMSON COUNTY TEXAS, (AS IT PERTAINS TO TRACT 1 ONLY), DOES OT AFFECT.
N
00
OD
Q I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND
r� THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A
w SU"MADN THE GROUND UNDER MY DI ECT SUPERVISION.Lu D F
46LM 3LL
LL
"¢� 4S
.Mlr�"N... •1.MMMiMM,�
00 M. STEPHEN T UESDALE V DATE L M.STEPHENT,RU£SIDALE
v REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
�
LICENSED STATE LAND SURVEYORESQ f9 tiaT d�
INLAND GEODETICS �.�, ess °f'y
FIRM REGISTRATION NO. 100591-00 ` """00 �
0
1504 CHISHOLM TRAIL ROAD, SUITE 103 ` UR�
Q ROUND ROCK, TEXAS 78681 01/04/2023
In
I N L A N D f RCEL PLRT SHOWING PROPERTY OF [-A',C-L 1 E
0O GEODE s ^;_ - G ` � TA
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g f V T 1
RROF�SSIONAL LAND SURVEYORS ? - �. - U �— �', V
iN. G'v A1v
N 1504CHI8HDLM TWLK,TX.7.57E.103 SCALE 5 258 SO. FT.
r ROUND ROCK,T%.Z)281 PP0,J[CT
LL FH.($lz)zs8-iaoo,FlUt(5i7�236-1251 FIR50WII_LIAMSON COUNTY CR 7'�1 2 PAGE 3 OF 3
M REGIS�RAt70N N0.100591-00 '1� � '
C
7
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❑o a=S NORTH AVFP CA\CR 112\PA9CELS\PARCEL i\PARCE_ -- -
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
County: Williamson Page 1 of 3
Parcel : 1-E PART 2-Avery Pxpmpt Trust Rev. 01-03-23
Highway: C.R. 112
EXHIBIT B-2
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.030 ACRE (1,290 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE THOMAS GLASSCOCK
SURVEY, ABSTRACT NO. 255 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 97.472 ACRE
(TRACT 5) OF LAND DESCRIBED IN A TRUSTEE'S DEED TO MARTA C. AVERY EXEMPT TRUST RECORDED IN
DOCUMENT NO. 2021038922 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, PER TITLE
GF NO. GT2200987 THE RECORD TITLE TO THE ABOVE MENTIONED LAND APPEARS TO BE VESTED IN CHARLES
NEEDHAM AVERY, III, TRUSTEE OF THE EXEMPTION EQUIVALENT TRUST, CREATED UNDER THE WILL OF
CHARLES NEEDHAM AVERY, JR., DECEASED: AVERY RANCH COMPANY, LTD: JOHN S. AVERY, CHARLES N.
AVERY, III, A. NELSON AVERY, AND LUCILLE CHRISTINA AVERY FELL, TRUSTEES OF THE CHILDREN OF LUCILLE
SHARP AVERY EXEMPT TRUSTS "LSA TRUST", WHICH ENCOMPASS THE FOLLOWING TRUSTS: THE JOHN S.
AVERY EXEMPT TRUST, THE CHARLES N. AVERY III EXEMPT TRUST, THE A. NELSON AVERY EXEMPT TRUST
AND THE LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST; MARTA C. AVERY, AS TRUSTEE OF THE MARTA C.
AVERY EXEMPT TRUST, A SUB-TRUST OF THE CHARLES N. AVERY III EXEMPT TRUST UNDER THE LSA TRUST
SAID 0.030 ACRE (1,290 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point, 79.00 feet left of County Road (C.R.) 112 Baseline Station 45+76.80 in the curving
proposed northerly Right-of-Way (ROW) line of C.R. 112 (variable width ROW), (Grid Coordinates determined as
N=10,178,196.23 E=3,145,782.17), befng in the interior of said 97.472 acre tract, for the southwesterly corner and POINT
OF BEGINNING of the herein described parcel and from which an iron rod with aluminum cap stamped "CORR-ROW' set
79.00 feet left of County Road (C.R.) 112 Baseline Station 42+16.15 in the said curving proposed northerly ROW fine bears
with a curve to the left, having a radius of 20,079.00 feet, a delta angle of 01°01'59", an arc length of 362.08 feet, and a
chord which bears S 69°1548"W, a distance of 362.07 feet;
THENCE, departing the proposed ROW line of said C.R. 112, through the interior of said 97.472 acre tract, the following
three (3)courses:
1) N 20°10'19" W for a distance of 43.01 feet to a calculated point, for the northwesterly corner of the herein
described parcel;
2) N 69°49141" E, for a distance of 30.00 feet to a calculated point, for the northeasterly corner of the herein
described parcel;
3) S 20°10'19" E for a distance of 43.00 feet to a calculated point in said proposed northerly ROW line of C.R. 112,
for the southeasterly corner of the herein described parcel;
4) THENCE,continuing through the interior of said 97.472 acre tracts,with said curving proposed ROW line to the left
having a radius of 20,079.00 feet, a delta angle of 0°05'00", an arc length of 30.00 feet, and a chord which bears
S 69°49'22"W,a distance of 30.00 feet to the POINT OF BEGINNING,containing 0.030 acres(1,290 square feet)
of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true
and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made
on the ground under my direct supervssion.
WITNESS MY D AND SEAL at Round Rock,Willia on County, Texas.
S phen Truesfiale Date r
Registered Professional Land Surveyor No.4933 +V'
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DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
EXHIBIT "D"
SPECIAL WARRANTY DEED
CR 112 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 AVERY RANCH COMPANY, LTD., a Texas limited partnership; Marta C. Avery,
Trustee of the MARTA C. AVERY EXEMPT TRUST, a sub-trust of the Charles N.
Avery III Exempt Trust under the LSA Trust Agreement effective December 24, 1992;
John S. Avery, Trustee of the JOHN S. AVERY EXEMPT TRUST; A. Nelson Avery,
Trustee of the A. NELSON AVERY EXEMPT TRUST; and Lucille Christina Avery Fell,
Trustee of the LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST, 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 the CITY OF ROUND ROCK,
TEXAS, hereinafter referred to as Grantee, 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 6.345-acre (276,374 square foot) tract of land out of and
situated in the Thomas Toby Survey, Abstract No. 625 (Seaborn Travis S-141)
and the Thomas Glasscock Survey, Abstract No. 255, in Williamson County,
Texas; more fully described in Exhibit "A", attached hereto and incorporated
herein.
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the Property: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
{W 1244921.2; I
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
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 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 County Road 112.
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 Grantee and its assigns forever; and, subject to the matters set forth herein, Grantor
does hereby bind itself and its successors and assigns to Warrant and Forever Defend all
and singular the said premises 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.
Except as otherwise set forth herein and in the Real Estate Contract between Grantor
and Grantee for the Property (the "Contract"), the Property is being conveyed and sold by
Grantor and purchased and accepted by Grantee on an "as-is, where-is and with all faults"
basis, and with any and all conditions and defects which may exist, and without the existence
of and without reliance upon any representation, warranty, agreement, or statement by Grantor
or anyone acting on behalf of Grantor including, without limitation, any broker, engineer,
surveyor, appraiser or environmental consultants. Grantee has the right under the terms of
the Contract to thoroughly inspect and examine the property to the extent deemed necessary
by Grantee in order to enable Grantee to evaluate the purchase of the Property for Grantee's
intended use. Grantee is relying solely upon such inspections, examinations and evaluations of
the Property by Grantee and/or Grantee's representatives in purchasing the Property and
shall hold Grantor harmless of any and all existing conditions and defects relative to the
Property.
[signature pages follow]
1 W 1244921.2; 2
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
EXECUTED AND DELIVERED to be effective this day of
2023.
GRANTOR:
AVERY RANCH COMPANY,LTD.,
A Texas limited partnership
By: CJAC,Inc., a Texas
corporation, Its: General Partner
By:
John S. Avery
President of CJAC, Inc.
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this_day of 2023,
by John S. Avery, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of Avery
Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC, Inc., its General
Partner, and for the purposes and consideration therein expressed and in the capacity therein
stated, and that he was authorized to do so.
Notary Public - State of Texas
(Signatures and Acknowledgements ofthe remaining Grantors
J611011)
{W 1244921.2; 3
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
John S. Avery, Trustee of the
John S. Avery Exempt Trust
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this _day of 12023, by
John S. Avery, Trustee of the John S. Avery Exempt Trust.
Notary Public - State of Texas
{W 1244921.2; 4
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
A. Nelson Avery, Trustee of the
A. Nelson Avery Exempt Trust
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this,day of 12023, by A.
Nelson Avery, Trustee of the A.Nelson Avery Exempt Trust.
Notary Public- State of Texas
{W 1244921.2; 5
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
Lucille Christina Avery Fell, Trustee of the
Lucille Christina Avery Fell Exempt Trust
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this,day of 2023, by
Lucille Christina Avery Fell, Trustee of the Lucille Christina Avery Fell Exempt Trust.
Notary Public - State of Texas
{W 1244921.2;
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
Marta C. Avery, Trustee of the
Marta C. Avery Exempt Trust, a sub-trust of the
Charles N. Avery III Exempt Trust under the LSA
Trust Agreement effective December 24, 1992
CALIFORNIA ACKNOWLEDGMENT:
A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
County of )
On before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
{W 1244921.2; 7
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
ACCEPTED AND AGREED TO BY:
CITY OF ROUND ROCK, TEXAS:
By:
Name:
Its:
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the,day of 1202-31 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 E. Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
{W 1244921.2; 8
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
EXHIBIT
"Ell
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 FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STORM SEWER AND DRAINAGE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That AVERY RANCH COMPANY, LTD., a Texas limited partnership; Marta C. Avery,
Trustee of the MARTA C. AVERY EXEMPT TRUST, a sub-trust of the Charles N. Avery III
Exempt Trust under the LSA Trust Agreement effective December 24, 1992; John S. Avery, Trustee
of the JOHN S. AVERY EXEMPT TRUST; A. Nelson Avery, Trustee of the A. NELSON
AVERY EXEMPT TRUST; and Lucille Christina Avery Fell, Trustee of the LUCILLE
CHRISTINA AVERY FELL EXEMPT TRUST, whose address is
and their successors and assigns (hereinafter referred to as "Grantor"), for and in consideration of the sum
of Ten and No/100 ($10.00) Dollars cash in hand paid and other good and valuable consideration paid to
Grantor by CITY OF ROUND ROCK, TEXAS, its agents and assigns (hereinafter referred to as
`'Grantee"), receipt of which consideration is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these premises does hereby GRANT, SELL and CONVEY unto Grantee a
perpetual easement interest in, on, over, upon, above and across the following property (collectively the
"Easement Area"), to wit:
being a 0.029-acre (1,258 square feet)tract of land out of the Thomas Glasscock Survey, Abstract
No. 255, Williamson County, Texas; said tract being more particularly described by metes and
bounds and by sketch as set forth in Exhibit "A-1", attached hereto and incorporated herein by
reference for all purposes; and
being a 0.030-acre (1,290 square feet)tract of land out of the Thomas Glasscock Survey, Abstract
No. 255, Williamson County, Texas; said tract being more particularly described by metes and
bounds and by sketch as set forth in Exhibit "A-2", attached hereto and incorporated herein by
reference for all purposes.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration,
repair, rebuilding, removal and patrol of storm sewer utilities and drainage facilities, to-wit: open
drainage channel and storm sewers and collection facilities, drainage pipes and all other surface and
subsurface drainage structures, lines, connecting lines, access facilities and related equipment, all
necessary conduits, valves, vaults, manholes, ventilators and appurtenances, and any necessary
accessories thereto(collectively the"Facilities").
{W 1244922.6,'
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
This conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove described property to the extent, and only to the extent, that the same may still
be in force and effect and shown of record in the office of the County Clerk of Williamson County,
Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual,
provided however that said easement, rights, and privileges shall cease and revert to Grantors in the event
the utilities are abandoned, or shall cease to be used,for a period of five (5)consecutive years.
The perpetual easement, right-of-way, rights, and privileges granted herein are exclusive, and
Grantor covenants not to convey any other easement or conflicting rights within the Easement Area,
without the express written consent of Grantee, which consent shall not be unreasonably withheld.
Grantee shall have the right to review any proposed easement or conflicting use to determine the effect, if
any, on the utilities contemplated herein. Prior to granting its consent for other easements, Grantee may
require reasonable safeguards to protect the integrity of the utilities and Facilities thereon.
Grantor further grants to Grantee:
(a) the right to install additional Facilities in the Easement Area;
(b) the right to grade the Easement Area for the ful I width thereof;
(c) the right of ingress to and egress from the Easement Area over and across Grantor's
property by means of roads and lanes thereon, if such exist; otherwise by such route or
routes as shall occasion the least practicable damage and inconvenience to Grantor;
provided, however, that such right of ingress and egress across Grantor's property shall
only be used if access to the Easement Area is not otherwise reasonably available from
adjacent public right of way;
(d) the right of grading for, construction, maintaining and using such roads on and across the
Easement Area as Grantee may deem necessary for purposes of ingress and egress;
(e) the right from time to time to trim and to cut down and clear away any and all trees and
brush now or hereafter on the Easement Area and to trim and to cut down and clear away
any trees on either side of the Easement Area which now or hereafter in the opinion of
Grantee may be a hazard to any pipeline, valves, appliances, fittings, or other
improvements by reason of the danger of falling thereon or root infiltration therein, or
which may otherwise interfere with the exercise of Grantee's rights hereunder, provided,
however, that all trees which Grantee is hereby authorized to cut and remove, if valuable
for timber or firewood, shall continue to be the property of Grantor, but all tops, lops,
brush and refuse wood shall be burned or removed by Grantee;
(f) the right to mark the location of the Easement Area by suitable markers set in the ground;
provided that such markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of the Easement Area;
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement Area; and
{W 1244922.6,'
2
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
(b) Grantee shall promptly backfill any trench made by it on the Easement Area and repair
any damage it shall do to Grantors private roads or lanes on the lands.
It is understood and agreed that any and all equipment and Facilities placed upon said property
shall remain the property of Grantee.
Grantor hereby dedicates the easement as drainage and storm sewer easement for the purposes
stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns, forever, together with all and singular all usual and customary rights thereto in anywise
belonging, and together with the right and privilege at any and all times to enter said premises, or any part
thereof, for the purpose of constructing or maintaining said utilities and for making connections therewith,
and Grantor does hereby bind itself, it's successors and assigns and legal representatives, to WARRANT
AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of
Round Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
[signature pages follow)
{W 1244922.6,'
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
EXECUTED AND DELIVERED to be effective this day of 12023.
GRANTOR:
AVERY RANCH COMPANY,LTD.,
A Texas limited partnership
By: CJAC,Inc.,a Texas corporation,
Its: General Partner
By:
John S. Avery
President of CJAC, Inc.
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this_day of , 2023, by
John S. Avery, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of Avery Ranch Company,Ltd.,a Texas
limited partnership, as the President of CJAC, Inc., its General Partner, and for the purposes and
consideration therein expressed and in the capacity therein stated, and that he was authorized to do so.
Notary Public- State of Texas
(Signatures and Acknowledgements of the remaining Grantors follow)
{W 1244922.6,'
4
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
John S.Avery, Trustee of the
John S. Avery Exempt Trust
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this day of 2023, by
John S.Avery,Trustee of the John S.Avery Exempt Trust.
Notary Public- State of Texas
{W 1244922.6,'
5
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
A.Nelson Avery, Trustee of the
A.Nelson Avery Exempt Trust
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this day of 12023, by A.
Nelson Avery, Trustee of the A.Nelson Avery Exempt Trust.
Notary Public- State of Texas
{W 1244922.6,'
6
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
Lucille Christina Avery Fell, Trustee of the
Lucille Christina Avery Fell Exempt Trust
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this day of 2023, by
Lucille Christina Avery Fell,Trustee of the Lucille Christina Avery Fell Exempt Trust.
Notary Public- State of Texas
{W 1244922.6,'
7
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
GRANTOR:
Marta C. Avery, Trustee of the
Marta C.Avery Exempt Trust, a sub-trust of the
Charles N.Avery III Exempt Trust under the LSA Trust
Agreement effective December 24, 1992
CALIFORNIA ACKNOWLEDGMENT:
A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
County of )
On before me,
(insert name and title of the officer)
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
,W1244922.6,1
8
DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92
ACCEPTED AND AGREED TO BY:
CITY OF ROUND ROCK, TEXAS
By:
Laurie Hadley, City Manager
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF WIL,LIAMSON §
This instrument was acknowledged before me on this the day of
2023 by Laurie Hadley, City of Round Rock City Manager, 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 E. Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
{W 1244922.6,'
9