CM-2024-006 - 1/8/2024REAL ESTATE CONTRACT
North Mays Street Gap Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHANDLER
CREEK, L.P., a Delaware limited partnership (referred to in this Contract as "Seller", whether
one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as
"Purchaser"), upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows:
All of that certain 0.0289 acre (1,257 square foot) tract of land out of and situated
in the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas;
more fully described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein (Parcel 9);
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title, and interest of Seller in and to adjacent streets, alleys, or rights -of -way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A"
not otherwise retained by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property, compensation for any improvements on the
Property, and for any damage or cost of cure for the reconfiguration of the remaining property of
Seller shall be the sum of TWENTY-FIVE THOUSAND ONE HUNDRED THRIRTY-SIX AND
25/100 Dollars ($25,136.25).
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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Special Provisions
2.03. Temporajy Remainder Entry. By execution of this Agreement Seller grants and
allows Purchaser, its agents and contractors the temporary right to enter the remaining property of
Seller solely in the limited locations and duration as reasonably required, if necessary, to (1)
remove the remainder of any improvements which are bisected by the acquisition of the Property,
and (2) to construct, reconstruct or reconnect existing driveway facilities between the edge of
proposed North Mays Gap facility improvements, and the remaining property of Seller.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seiler 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; and
4.02. The Pro a herein is being -conveyed to Purchaser in lieu of and under threat of
condemnation.
ARTIC1LE 'V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Rise Title Company on or before January
30, 2024, or at such time, date, and place as Seller and Purchaser may agree, or within 10 days
after the completion of any title curative matters if necessary for items as shown on the Title
Commitment or in the contract (which date is herein referred to as the "Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A"
free and clear of any and all monetary liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof, and
(c) Any exceptions approved by Purchaser in writing.
(2) The Deed shall be in the form as shown in Exhibit "B" attached hereto and
incorporated herein.
(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".
3
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then -current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation,
but shall otherwise be the continuing obligation of Seller to fully satisfy. Agricultural roll -back
taxes, if any, which directly result from the completion of this transaction and conveyance shall be
paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively as incurred.
ARTICLE VI
BREACH BY SELLER
6.01. In the event Seller shall fail to fully and timely perform any of its obligations
hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's
default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the
Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.
4
ARTICLE VII
BREACH BY PURCHASER
7.01. In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors, and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 1n accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
Continent Possession and Use Agreement
8.12. Upon completion of (1) the full execution of this Contract by all parties, and (2)
acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the
Title Company, Purchaser, its agents and contractors shall be permitted at any time after January
30, 2024, 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 purchase transaction closing.
SELLER:
CHANDLER CREEK, L.P.,
a Delaware limited partnership
Name: erf;ft.i n, dc.c/&
Title: �I tS� r.ri v r= �eri!</tae ♦/'arks
Date: / Z /
Address: Z�� 6F. he r
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Laurie Hadley, Ci y Manager 0Round Rock, Texas 78664
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County: Williamson 10/18/2023
Parcel: 9, Chandler Creek, L.P. Page 1 of 4
Highway: N. Mays Extension
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.0289 ACRE (1,257 SQUARE FOOT) PARCEL OF LAND SITUATED
IN THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 2-A, REPLAT OF LOTS 2, 4, AND 6, OAKMONT
CENTRE SECTION SEVEN SUBDIVISION, RECORDED IN CABINET T, SLIDE 274-275, OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AS DESCRIBED IN A
WARRANTY DEED TO CHANDLER CREEK, L.P., RECORDED IN DOCUMENT NO.
2000000445, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.0289 ACRE (1,257 SQUARE FOOT) PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 518 inch iron rod with aluminum cap stamped "CORR-ROW' set, being 35.50
feet right of N. Mays St. Baseline Station 90+05.90, on the proposed easterly right-of-way
(ROW) line of N. Mays Street (ROW varies), being on the northerly boundary line of Lot 3,
Block A, OAKMONT CENTRE SECTION SEVEN subdivision recorded in Cabinet I, Slides
296-297, of said Plat Records, same line being the southerly boundary line of said Lot 2-A,
(Grid Coordinates determined as N=10,176,557.71, E=3,129,900.73), for the southeast corner
and POINT OF BEGINNING of the herein described parcel, and from which a capped 112 inch
iron rod stamped "BRYAN TECH SERVICES" found on the westerly boundary line of Lot 6-A,
of said REPLAT OF LOTS 2, 4, AND 6, OAKMONT CENTRE SECTION SEVEN subdivision,
same point being the northeast corner of said Lot 3, same point being the southeast corner of
said Lot 2-A, bears N 69001'20" E, a distance of 541.68 feet;
1) THENCE, S 69"01'20" W, departing said proposed ROW line, with the common
boundary line of said Lot 3 and said Lot 2-A, a distance of 5.99 feet to a 112 inch iron
rod found, on the existing easterly ROW line of N. Mays Street (formerly Oakmont Dr.)
(60' ROW width), same point being the northwest corner of said Lot 3, same point being
the southwest corner of said Lot 2-A, for the southwest corner of the herein described
parcel;
2) THENCE, N 20°56'37" W, with said existing ROW line, same being the west line of said
Lot 2-A, a distance of 207.40 feet, to a 112 inch iron rod found, being the southwest
corner of Lot 1B, Block A, REPLAT OF LOT 1, BLOCK A, OAKMONT CENTRE
SECTION SEVEN subdivision, recorded in Cabinet CC, Slides 153-154, of the Plat
Records of Williamson County, Texas, same point being the northwest corner of said
Lot 2-A, for the northwest corner of the herein described parcel;
3) THENCE, N 69"03'11" E, departing said existing ROW line, with the common line of
said Lot 2-A and said Lot 1B, a distance of 6.13 feet, to a 518 inch rod with aluminum
cap stamped "CORR-ROW' set, being 35.50 feet right of N. Mays St. Baseline Station
92+13.30, on said proposed easterly ROW line of N. Mays Street, for the northeast
corner of the herein described parcel and from which a 112 inch iron rod found, said
point being the southwesterly corner of Lot 1, UNIVERSITY MEDICAL PLAZA,
SECTION 1 subdivision, recorded in Document No. 2011067442, of the Official Public
County: Williamson
Parcel: 9, Chandler Creek, L.P.
Highway: N. Mays Extension
10/18/2023
Page 2 of 4
Records of Williamson County, Texas, same point being the southeast corner of said
Lot 1B, bears N 69"03'11" E, a distance of 293.80 feet;
4) THENCE, S 20°54'21" E, with said proposed ROW line, over and across said Lot 2-A, a
distance of 207.40 feet to the POINT OF BEGINNING, containing 0.0289 acres (1,257
square feet) of land more or less.
This property description is accompanied by a separate parcel plat.
Bearings are based on the Texas Coordinate System of 1983, Central Zone NAD83 (2011).
Coordinates shown hereon are grid values represented in U.S. Survey Feet. All distances
shown hereon are surface values represented in U.S. Survey Feet based on a surface -to -grid
Combined Adjustment Factor of 0.99987384.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Miguel A. Escobar, 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 January 2023.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Inland Geodetics of
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...... AN.... i SC4BAR
// q ..5630.. .
Miguel A. Escobar, L.S.L.S., R.P.L.S. ROFeSSt��P'�-
Texas Reg. No. 5630 gNn'i6i0 �
1504 Chisholm Trail Rd #103
Round Rock, TX 78681
TBPELS Firm No. 10059100
Project No: KPA-001
SAKPAICORR N MAYS EXT15-Descriptions Reports%PARCEL-9-CHANDLER CREEK.doc
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EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
NO.
DIRECTION
DISTANCE
L1
S69'01'20"W
5.99'
L2
I N69'03'1I1
6.13'
50 0 50 100
SCALE 1" = 100'
REPLAT OF
LOT 1, BLOCK A COT 16
OAKMONT CENTRE UNIVERSITY MEDICAL PLAZA
SECTION SEVEN 1.377 ACRES I SECTION 3
CAB, CC, SLD., 153-154 LEI+ OOC. N0, 20ii067442
P.R. BLOCK A O.P.R.
STA. 92+13.30 LOT 1
—35.5V RT(N71'02'26"E _299.90') _ _ 2.16 ACRES
y N69'03 11 " E 293.80' �
—i5' P.U.E. -- ......._.. — — —
Ti- � �--------7 �
T, SLD. 274-275
P.R. CHANDLER CREEK, L.P. 15' P.U.E.
n DOC. NO. 2000000445 CAB, T. SLD. 274-275
v O.P.R. P.R.
0.0289 AC. I �
- .25 SO FT REPLAT OF
LOTS 2, 4, AND 6
OAKMONT CENTRE
LOT 2-A SECTION SEVEN
2.993 ACRES CAB. T, SLD. 274-275
P.R. J /
_N69'O1'20"E 541.68' /
_ _ _ _ _-(N71_OOLOO"E- 547.4�� /
511
cAa P.U.E. SLD / s�
\jN0611-COORDINATES
:10,176,557.71 LOT 3, BLOCK A 296-297/ '$R��' /
E:3,129,900.73 3.00 ACRES PAW-C). LOT 6-A
STA. 90+05.90 OAKMONT CENTRE 111 / 7.669 AC.
35.50' RT SECTION SEVEN
CAB. I, SLR. 296-297 1 1 I
P.R.
PROJECT NO.: KPA-001
1D/18/2023
PARCEL PLAT SHOWING PROPERTY OF
INLAND GEODEnCS
CHANDLER CREEK, L.P.
PARCEL 9
a<o urvey0fa
0,0289 AC.
1,257 SQ. FT.
SCALE
PROJECT
V = 100' WILLIAMSON COUNTY
N. MAYS EXT
PAGE 3 OF 4
An
PLAT TO ACCOMPANY DESCRIPTION
NOTES:
1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF
1983, CENTRAL ZONE NA083 (2011). COORDINATES SHOWN HEREON
ARE GRID VALUES REPRESENTED IN U.S. SURVEY FEET. ALL
DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN
US. SURVEY FEET BASED ON A SURFACE -TO -GRID COMBINED
ADJUSTMENT FACTOR OF 0.999873134.
2. THE FOREGOING MAP AND SURVEY ON WHICH IT IS BASED IS
ACCOMPANIED BY AND A PART OF SEPARATE METES AND BOUND
DESCRIPTION OF THE SUBJECT TRACT.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH
THAT COMMITMENT FOR TITLE INSURANCE GF 23040018RTROW,
ISSUED BY RISE TITLE INSURANCE COMPANY, EFFECTIVE 05/01/2023,
ISSUE 05/04/2023.
SCHEDULE B, ITEM 1:
CABINET I, SLIDE 296. PLAT RECORDS; VOLUME 952, PAGE 142,
VOLUME 961, PAGE I, VOLUME 1019, PAGE 578, VOLUME 976, PAGE
230. VOLUME 1034, PAGE 709, VOLUME 1340. PAGE 873. VOLUME
1340, PAGE 877, VOLUME 1340, PAGE 882, VOLUME 1340, PAGE
887, VOLUME 1344. PAGE 732, VOLUME 1344. PAGE 737, VOLUME
1344, PAGE 742, CLERK'S FILE NO. 2001003055, 2013068699,
2016010516. 2021190918, 2021190919, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS, BUT OMITTING ANY COVENANT, CONDITION
OR RESTRICTION. IF ANY, BASED ON RACE, COLOR, RELIGION, SEX,
HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY
TO THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION (A)
IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B)
RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST
HANDICAPPED PERSONS.
SCHEDULE B ITEM 10:
A. RIGHTS OF PARTIES IN POSSESSION,
B. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER UNRECORDED
LEASES OR RENTAL AGREEMENTS.
C. RIGHTS OF PUBLIC, THE STATE OF TEXAS AND THE MUNICIPALITY
IN AND TO THAT PORTION OF SUBJECT PROPERTY, IF ANY, LYING
WITHIN THE BOUNDARIES OF ANY ROADWAY, PUBLIC OR PRIVATE.
D. ANY VISIBLE AND APPARENT EASEMENTS ON OR ACROSS THE
PROPERTY HEREIN DESCRIBED, WHICH ARE NOT SHOWN OF RECORD.
E. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF COAL,
LIGNITE, OIL, GAS AND OTHER MINERALS, TOGETHER WITH ALL RIGHTS,
PRIVILEGES, AND IMMUNITIES RELATING THERETO, APPEARING IN THE
PUBLIC RECORDS WHETHER LISTED IN SCHEDULE B OR NOT. THERE
MAY BE LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF MINERAL
INTEREST THAT ARE NOT LISTED.
LEGEND
1/2" IRON ROD WITH CAP FOUND
1/2" IRON ROD FOUND
5/8 INCH IRON ROD W/ ALUMINUM
CAP STAMPED "CORR-ROW" SET
Q
PROPERTY LINE
P.R.
PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
D.R.
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
P.O.B.
POINT OF BEGINNING
( )
RECORD INFORMATION
FL-1-n
INI gEQDETICS
ERnd e<rveyor:
F. THE FOLLOWING MATTER(S) AFFECTING THE SUBJECT PROPERTY
AS SHOWN ON PLAT/MAP RECORDED IN CABINET I, SLIDE 295. PLAT
RECORDS. WILLIAMSON COUNTY, TEXAS:
15' PUBLIC UTILITY EASEMENT ALONG THE SOUTHWESTERLY,
SOUTHEASTERLY AND NORTHWESTERLY PROPERTY LINE(S).(AS SHOWN)
G. THE TERMS, PROVISIONS, EASEMENTS, COVENANTS. RESTRICTIONS
AND LIEN FOR ASSESSMENTS AS SHOWN IN RESTRICTIONS RECORDED
IN VOLUME VOLUME 952. PAGE 142, VOLUME 961, PAGE 1, VOLUME
1019, PAGE 578, VOLUME 976, PAGE 230, VOLUME 1034, PAGE
709, VOLUME 1340, PAGE 673. VOLUME 1340. PAGE 877, VOLUME
1340, PAGE 882, VOLUME 1340, PAGE 887, VOLUME 1344, PAGE
732, VOLUME 1344, PAGE 737, VOLUME 1344, PAGE 742, CLERK'S
FILE NO. 2001003055. 2013068699. 2016010516, 2021190918.
2021190919, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS;
WHEN TAKEN WITH ALL AMENDMENTS AND/OR SUPPLEMENTS
THERETO. (AS SHOWN)
H. BUILDING LINES AND EASEMENTS AS SET OUT IN RESTRICTIONS
RECORDED IN VOLUME 952, PAGE 142. OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS. (AS SHOWN)
I. TERMS AND PROVISIONS OF POLLUTION A13ATEMENT PLAN BY
AND BETWEEN STEFAN SCHURTER AND CITY OF ROUND ROCK ON
BEHALF OF THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION DATED NOVEMBER 3, 1995, FILED NOVEMBER 13, 1995,
RECORDED IN CLERK'S FILE NO. 9550956. OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY. TEXAS. (NOT A SURVEY MATTER)
J. DEED RECORDATION AFFIDAVIT - EDWARDS AQUIFER
PROTECTION PLAN DATED MARCH 3, 2004. FILED MARCH 15. 2004,
RECORDED IN CLERK'S FILE NO. 2004019827, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS. (NOT A SURVEY MATTER)
K. ANY RIGHTS, LIENS. OR CLAIMS IN FAVOR OF BRUSHY CREEK
WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, INCLUDING BUT
NOT LIMITED TO ANY LIEN SECURING THE PAYMENT OF ASSESSMENTS
LEVIED AGAINST THE LAND IN ACCORDANCE WITH CHAPTER 372 OF
THE TEXAS LOCAL GOVERNMENT CODE, WHICH PROVIDES THAT SAID
LIEN IS: •(1) A FIRST AND PRIOR LIEN AGAINST THE PROPERTY
ASSESSED; (2) SUPERIOR TO ALL OTHER LIENS AND CLAIMS EXCEPT,
LIENS OR CLAIMS FOR STATE, COUNTY. SCHOOL DISTRICT, OR
MUNICIPAL AD VALOREM TAXES:. (§372.018 (8), TEXAS LOCAL
GOVERNMENT CODE) (NOT A SURVEY MATTER)
L. SUBJECT PROPERTY LIES WITHIN THE BOUNDARIES OF
NORTHEAST ROUND ROCK ROAD DISTRICT NO. 1
(NOT A SURVEY MATTER)
I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION IN JANUARY 2023.
INLAND GEODETICS f`
OF T
.Q O.
MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S. •,
TEXAS REG. NO. 5630 '••
1504 CHISHOLM TRAIL RD 0103 MIGUEL ANGELESCOBAR
ROUND ROCK, TX 76681 ',•A� 5fiP. ,
TBPELS FIRM NO. IG059100
.•oF Oa•�
6.
PROJECT NO.: KPA-001
CEL PLAT SHOWING PROPE
10/18
CHANDLER CREEK, L.P. I PARCEL 9
0.0289 AC.
1.257 SQ. FT.
WILLIAMSON COUNTY I N. MAYS EXT 1 PAGE 4 OF 4
Parcel 9
EXHIBIT "B"
DEED
North Mays Street Gap 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 CHANDLER CREEK L.P., a Delaware limited partnership hereinafter referred to as
Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas,
the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained,
either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell
and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land
lying and being situated in the County of Williamson, State of Texas, along with any
improvements thereon, being more particularly described as follows (the "Property"):
All of that certain 0.089 acre (1,257 square foot) tract of land out of and situated in the
Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas; more fully
described in Exhibit "A", attached hereto and incorporated herein Parcel 9).
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,
caiiche, iron ore, gravel or any other road building material upon, in and under said land for the
construction and maintenance of North Mays Street.
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 ,
202
[signature page follows]
2.
GRANTOR:
Chandler Creek, L.P., a Delaware limited partnership
Name: 00 tce 4.,r iA.
Title: /` 6„saC•t.�-x P•b�.r�.�
ACKNOWLEDGMENT
C--1 - f-c:sr Pe --
STATE OF-T S. §
COUNTY OF 6"'`C�- ILA— §
This instrument was acknowledged before me on this the j> day of 'PeC:EyvL--'+et'-,
202 3 by �L�JA. � , in the capacity and for the purposes and consideration
recited therein.
KEII.tE MARION HUSTEO
Notary Public • California
Orange County
Commission N 2441851 Notary Public, State of Texas
*my Comm. Expires Mar 21, 202�
PREPARED IN THE OFFICE OF:
Sheets & CrossfieId, 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-
PARCEL 9
VALUATION AND HIGHEST AND BEST USE OF THE ACQUISITION
PARCEL 9 (*0.029 ACRES, *1,257 SF)
*Subject (red)
*Acqulsltlon (green) 0.029 ac (1, 25 7 SF)
F [- Hornsby and Company
VALUATION ANALYSIS
47
PARCEL 9
VALUATION ANALYSIS
PLAT TO ACCOMPANY DESCRIPTION
I
N0. DIRECTION DISTANCE I 50
0 50 100
1 L1 S69'01 20 5.99
I L2 N69*0311 E 6.13 j SCALE I" 100'
qEI.LAT OF
` I LOT 1. BLOCK A LOT
'13,
�l:\PJERSITY MEDICAL
I PLAAOAKWINT CENTRE 31/ A_RES ECTI,.)NSEfTISEVEN I6r4n2'Al CC, %Lh, 'S3- 154 rx.. NO. .20110
O.11 0'.R. }y �I bra 71.113� LOT 1
�lll �r ]54 RI
y a (N/'-'U'l'2fi"E 799.90') 2.'G ACRES
NG9'1)3' 1"E 24-3_Hn' 4�
IT ,'
s I agaroseo 0.0 W CHANDLER CREEK, L.P.
1 I DOC. NO 200D000445 1 1
O.P.R.W.C.T.
0.0209 AC. '
0
1.257 SO. FT. REPLAT OF )
Li ITS 2- 4, AND (i
oAKMONT CENTRE I I
10 a .} LOT 2-A SECTIO\ 5EVEN I I
p J.993 A^rtE` OAF) T, SLO. 274-275
o
s. ail I� -- — —— -- — — — — —- -- ——
47
8I
i
n s yrtP. _ — 5n 7.41 GRID COORDINATES LOT .S. 1iLC�CK w y 1
N:10.176,557.71 /
- i -3,129.900.73 5.00 ACRES � � LOT 6 A
STA. 90+05.90 / 7 669 AC
35.50' RT OAKUOkT tE-vTRE !
± I SECTODN SEVEN
CAS, I, SL9. 296 r !
PROJF CT Not KPA-001
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PARCELSHOWING PROPERTYU
lNLANb c�DtiieTrrs
CHANDLER CREEK, L.P.
PARCEL 9
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1,97pvtF.
SCALE
PROJECT
= IIxY WIIilAHSUk CUllVtt
II. HAYS ExT
PAGE S OF 4
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