CM-2024-049 - 2/16/2024DocuSign Envelope ID- FD3CA9E7-ADB5-4972-BFA4-C801124A6D6D
REAL ESTATE CONTRACT
North Mays Street Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between PRUDENTIAL
OVERALL SUPPLY, A CALIFORNIA CORPORATION (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 0.037-acre (1,612 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 8);
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 THIRTY-TWO THOUSAND and 00/100 Dollars ($32,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash or other good funds at the Closing.
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).
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Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which
representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing
Date, to the best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has not received any written notice from any governmental authority
that the Property is presently in violation of any applicable laws, ordinances, regulations, statutes,
rules, and restrictions relating to the Property, or any part thereof; and
4.02. The Property herein is being, conveyed to Purchaser in lieu of and under threat of
condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Rise Title Company on or before March
1, 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 deeds of trust, mortgages, or similar monetary liens, except as
otherwise 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
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fee simple and/or easement interests in and to the Property subject to all matters of record existing
as of the Effective Date (except for any deed of trust, mortgage, or similar monetary lien) and the
standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided,
however that: the exception as to the lien for taxes shall be limited to the year of closing and shall
be endorsed "Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price; and
(b) Pay the costs and expenses provided for under Section 5.05.
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, including, but not limited to, all
Title Company and escrow fees, documentary and transfer taxes, and recording fees.
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. In no event
will the aggregate liability of Seller for any or all Claims (defined in Section 8.12) with respect to
the entirety of the Property and the transactions contemplated by this Contract exceed $500.
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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 [[I 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 A
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.
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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. 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 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 March I,
2024, to enter and possess the Property for the purpose of completing, at Purchaser's sole cost and
expense, any and all necessary testing, utility relocation, and construction activities associated with
the proposed North Mays Road expansion project (the "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 impact of this Project on Purchaser's remaining real property located adjacent to the Property
is depicted on Exhibit "C" attached hereto. Purchaser must conduct each entry upon the Property
in a commercially reasonable manner and minimize interference with Seller's business operations
at the adjacent property. Purchaser shall maintain, and will require that any affiliate, employee,
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agent, consultant, contractor, advisor, or other representative (each, a "Purchaser Party" and
collectively with Purchaser, "Purchaser Parties"), entering upon the Property also maintains,
commercial general liability insurance insuring the Purchaser or Purchaser Party against any
liability arising out of their activities, in upon, about or with respect to the Property, with limits of
that are applicable to the Project. Purchaser must provide evidence that Purchaser has such
insurance coverages in force prior to any entry by a Purchaser Party upon the Property. Purchaser
will pay all costs incurred in connection with Purchaser's testing, utility relocation, and
construction activities, will promptly repair and restore any damage caused to the Property or
Seller's adjacent property caused by Purchaser's activities, and will not permit any mechanics or
other liens to be filed against the Property as a result of such activities. The foregoing provisions
of this Section 8.12 shall survive the Closing or any earlier termination of this Contract. 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.
AS -IS Sale
8.13. PURCHASER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT
EXCEPT FOR SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS AS
EXPRESSLY SET FORTH 1N THIS CONTRACT, (A) SELLER IS SELLING AND
PURCHASER IS PURCHASING THE PROPERTY "AS IS, WHERE IS AND WITH ALL
FAULTS," AND (B) PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS,
WARRANTIES, COVENANTS OR AGREEMENTS OF ANY KIND WHATSOEVER,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
FROM SELLER AS TO ANY MATTER CONCERNING OR RELATING TO THE
PROPERTY, INCLUDING WITHOUT LIMITATION AS TO: (1) THE QUALITY, NATURE,
HABITABILITY, MERCHANTABILITY, FITNESS, USE, OPERATION, VALUE,
MARKETABILITY, ADEQUACY OR PHYSICAL CONDITION OF THE PROPERTY OR
ANY ASPECT OR PORTION THEREOF; (11) THE SUITABILITY, VALUE, ADEQUACY, OR
FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE; (111) THE ZONING OR
OTHER LEGAL STATUS OF THE PROPERTY OR ANY OTHER PUBLIC OR PRIVATE
RESTRICTIONS ON THE USE OF THE PROPERTY; (IV) THE COMPLIANCE OF THE
PROPERTY OR ITS OPERATION WITH ANY APPLICABLE CODES, LAWS,
REGULATIONS, STATUTES, ORDINANCES, COVENANTS, CONDITIONS AND
RESTRICTIONS OF ANY GOVERNMENTAL AUTHORITY OR OF ANY OTHER PERSON
OR ENTITY; (V) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS OR
OTHER HAZARDOUS CONDITIONS ON, IN, UNDER, ABOVE OR ABOUT THE
PROPERTY OR ANY ADJOINING OR NEIGHBORING PROPERTIES; (VI) THE
CONDITION OF TITLE TO THE PROPERTY. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT
AS OTHERWISE EXPRESSLY SET FORTH IN THIS CONTRACT, PURCHASER IS NOT
RELYING ON ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR
AGREEMENTS OF SELLER, WHETHER IMPLIED, PRESUMED OR EXPRESSLY
PROVIDED AT LAW OR OTHERWISE, OR ARISING BY VIRTUE OF ANY STATUTE,
COMMON LAW OR OTHER RIGHT OR REMEDY IN FAVOR OF PURCHASER.
PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT SELLER IS UNDER NO
DUTY TO MAKE ANY INQUIRY REGARDING ANY MATTER THAT MAY OR MAY NOT
BE KNOWN TO SELLER. IF PURCHASER PURCHASES THE PROPERTY, ANY REPORTS
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OR WORK REQUIRED OF OR BY PURCHASER ARE THE SOLE RESPONSIBILITY OF
PURCHASER, AND PURCHASER AGREES THAT THERE IS NO OBLIGATION ON THE
PART OF SELLER EITHER BEFORE OR AFTER CLOSING TO MAKE ANY CHANGES,
ALTERATIONS OR REPAIRS TO THE PROPERTY OR TO CURE ANY VIOLATIONS OF
LAW OR TO COMPLY WITH THE REQUIREMENTS OF ANY GOVERNMENTAL
AUTHORITY. THE PROVISIONS OF THIS SECTION WILL SURVIVE THE CLOSING OR
ANY EARLIER TERMINATION OF THIS CONTRACT.
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SELLER:
PRUDENTIAL OVERALL SUPPLY,
a California corporation
Uocuftnretl by,
By:EMW
Name:
Title: vice President of Finance
Date: 2/1/2024
PURCHASER:
CITY OF ROUND ROCK, TEXAS
Address
Address:
Laurie Hadley, City M ager
Date: 2>202
1661 Alton Parkway
Irvine, California 92606
221 E. Main Street
Round Rock Texas 78664
DocuSign Envelope ID: FD3CA9E7-AD85-4972-8FA4-C801124A6D6D
County: Williamson 03-29-2023
Parcel: 8, Prudential Overall Supply
Highway: N. Mays Extension
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.037 ACRE (1,612 SQUARE FOOT) PARCEL OF LAND
SITUATED IN THE EPHRAIM EVANS SURVEY, ABSTRACT NO.212, IN WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK A, OF OAKMONT CENTRE
SECTION SEVEN SUBDIVISION RECORDED IN CABINET I, SLIDE 296, OF THE PLAT
RECORDS OF WILLIMSON COUNTY, TEXAS, AS DESCRIBED IN A SPECIAL
WARRANTY DEED TO PRUDENTIAL OVERALL SUPPLY, RECORDED IN
DOCUMENT NO 9531449, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.037 ACRE (1,612 SQUARE FOOT) PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point being 35.50 feet right of Oakmont Drive Baseline
Station 87+32.69, on the proposed easterly right-of-way (ROW) line of Oakmont Dr.
(ROW varies), being on the northerly boundary line of Lot 4-A, of the REPLAT OF LOTS
2, 4, AND 6, SECTION SEVEN, OAKMONT CENTRE subdivision recorded in Cabinet T,
Slides 274-275, of the Plat Records of Williamson County, Texas, same line being the
southerly boundary line of said Lot 3, (Grid Coordinates determined as N=10,176,302.53,
E=3,129,998.21), for the southeast corner and POINT OF BEGINNING of the herein
described parcel, and from which a 518 inch iron rod found on the west line of Lot 6-A of
said REPLAT OF LOTS 2, 4 AND 6, SECTION SEVEN, OAKMONT CENTRE
subdivision, being the northeast corner of said Lot 4A, same point being the southeast
corner of said Lot 3 bears N 69°02'27" E, a distance of 449.21 feet;
1) THENCE, S 69°02'27" W, departing said proposed ROW line, with the common
boundary line of said Lot 3 and said Lot 4-A, a distance of 5.81 feet to a calculated
point, on the existing easterly ROW line of Oakmont Drive (60' ROW width), same
point being the northwest corner of said Lot 4-A, also being the southwest corner
of said Lot 3, for the southwest corner of the herein described parcel;
2) THENCE, N 20"56'37" W, with said existing ROW line, same line being the west
line of said Lot 3, a distance of 273.21 feet, to a 112 inch iron rod found, for the
southwest corner of Lot 2-A, of said REPLAT OF LOTS 2, 4, AND 6, SECTION
SEVEN, OAKMONT CENTRE, same point being the northwest corner of said Lot
3, for the northwest corner of the herein described parcel;
3) THENCE, N 69°01'20" E, departing said existing ROW line, with the common line
of said Lot 2-A and said Lot 3, a distance of 5.99 feet, to a calculated point being
35.50 feet right of Oakmont Drive Baseline Station 90+05.90, on the proposed
easterly ROW line of Oakmont Drive, for the northeast corner of the herein
described parcel and from which point a 112 inch iron rod cap stamped "BRYAN
TECH SERVICES" found, on the westerly boundary line of said Lot 6-A, same
point being the southeast corner of said Lot 2-A, same point being the northeast
corner of said Lot 3, bears N 69001'20" E, a distance of 541.68 feet;
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County: Williamson
Parcel: 8, Prudential Overall Supply
Highway: N. Mays Extension
03-29-2023
4) THENCE, S 20°54'21" E, with said proposed ROW line, through the interior of said
Lot 3, a distance of 273.21 feet to the POINT OF BEGINNING, containing 0.037
acres (1,612 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 (NAD_83
(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.
Miguel A. Escobar
Registered Professional Land Surveyor No. 5630
Licensed State Land Surveyor
Inland GeodeUcs
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
Project No: KPA-001
PRELIMINARY
This document shall not be recorded for any
purpose and shall not be used or viewed or
retied upon as a final survey doeumenL
Intand Geodelics
04116r2023
Date
SAKPAICORR N MAYS EXT15-Descriptions-Reports\PARCEL-8-PRUDENTIAL-OVERALL-SUPPLY.doc
DocuSlgn Envelope ID: FD3CA9E7-ADB5-4972-BFA4-C$01124A6D60
r
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PLAT TO ACC
NO.
DIRECTION
DISTANCE
L1
S69-02 27 W
5.81
L2
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I 5.99
7
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TION
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Ilr
II REPLAT OF SCALE 1" — 100'
LOTS 2, 4, AND 6
LOT 2—A OAKMONT CENTRE
2.993 ACRES SECTION SEVEN
bu 90.05.90 CAB. T, SLD. 274-275
r3.006
----- ---------w�N9'20 E 541.-
BLOCK A OAKMONT CENTRE
ACRES SECTION SEVENCAB. I,0 RD. 29fi ,!
0.037 AC,
1,612 SQ. FT. PRUDENTIAL r j
OVERALL SUPPLY f
DOC. NO. 9531449 + I
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P.O.B.
GRID COORDINATES REPLAT OF
N:10,176,302.53 LOTS 2, 4, AND 6
•3.129.998.21 OAKMONT CENTRE I I
!li STA. 87+32.69 SECTION SEVEN I
III 35,50' RT CAB. T. S.D. 274-2751 1
P.R.
LOT 4—A
2.981 AC.
PROJECT NO.: KPA-001
. 0
PRUDENTIAL OVERALL SUPPLY
SCALE PROJI
100' MLLIAMSON COUNTY N. MAY!
S:\KPA\CORK 4 WAYS E%'\URAVARGS\PARCEL 8-PRU0ENTW-bVERALL-SUPPLY,0.9
03 24
PARCEL 8
DocuSign Envelope ID. FD3CA9E7-ADB5-4972-BFA4-C801124A6D6D
A
PLAT TO A
LEGEND
®
1/2'IRON ROD WITH CAP FOUND
1/2-IRON ROD FOUND
O
IRON ROD W/ ALUMINUM CAP STAMPED
'CORR—ROW' SET
A
CALCULATED POINT
P
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
BRWILINE
NOTES
I BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1903.
CENTRAL ZONE (NA0-BB (2010) COORDtNA-ES SHOWN HEREON ARE
GRID VALUES REPRESENTED IN US SURVEY FEET ALL DIS-ANCES
SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S SURVEY
FEET BASED ON A SURFACE -TO -GRID COMBINED ADJUSTMENT
FACTOR OF 09990232.
P. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A -ITEE
ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT
AFFECT THIS TRACT NOT DEPICTED HEREON.
I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION BETWEEN JULY 2020 AND SEPTEMBER 2022
TION
PRELIMINARY
YNW dooumant shod not be roomW Ibr any
prpora and shaa"hs used or vkwmd or
re5sd upon as a Mal surday donllnBnl.
MIGUEL A ESCOBAR DATE
Intend UaodMka
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5650
04M 02?9
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS
FIRM REGISTRATION NO. 100391-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
A6UMe Recic_ TrISAS 7AAAI PROJECT NO.: KPA-001
03-P4-9093
ea revayara
PARCEL PLAT SHOWING PROPERTY OF
PRUDENTIAL OVERALL SUPPLY
PARCEL 8
PAGE 4 OF 4
SCALE
�- _ 100
PROJECT
WILLIAMSON COUNTY N. MAYS EXT
5:\KPA\CORK x VAYS E%T\DRAWNGS\PARCEL 8-PRVOENTWL-OVERALL-SUPPLYA.q
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Parcel 8
EXHIBIT B
DEED
North Mays Street -y- 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 Prudential Overall Supply, a California corporation 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 0.037-acre (1,612 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 jEarcel 8).
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.
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Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed
but waives all rights of ingress and egress to the surface thereof for the purpose of exploring,
developing, mining or drilling or pumping the same; provided, however, that operations for
exploration or recovery of any such minerals shall be permissible so long as all surface operations
in connection therewith are located at a point outside the acquired parcel and upon the condition
that none of such operations shall be conducted so near the surface of said land as to interfere with
the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the
City of Round Rock, Texas or create a hazard to the public users thereof; it being intended,
however, that nothing in this reservation shall affect the title and the rights of Grantee to take and
use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other
road building material upon, in and under said land for the construction and maintenance of 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
, 2024.
[signature gage follo"-.5]
14
DocuSign Envelope 10: FD3CA9E7.ADB5-4072-BFA4-C801124A6D6D
GRANTOR:
Prudential Overall Supply, a California corporation
By:
Name
Its:
ACKNOWLEDGMENT
STATE OF
COUNTY OF
This instrument was acknowledged before me on this the day of ,
2023 by _ , in the capacity and
for the purposes and consideration recited therein.
Notary Public, State of
PREPARED 1N THE OFFICE OF:
GRANTEE'S MAILING ADDRESS:
AFTER RECORDING RETURN TO:
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
15
DocuSign Envelope ID: FD3CA9E7-ADB5-4972-BFA4-C801124A6D6D
EXHIBIT C
PROJECT OVERLAY AGAINST PURCHASER'S REAL PROPERTY
16
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