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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). DocuSign Envelope ID. FD3CA9E7 ADB5-4972-BFA4 C801124A6136D 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 DocuSign Envelope ID: FD3CA9E7-ADB5-4972-BFA4-CB01124A6D6D 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. DocuSign Envelope ID: FD3CA9E7-ADB54972-BFA4-C801124A6D6D 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. 4 DocuSign Envelope ID: FD3CA9E7-ADB5-4972-8FA4-C$01124A6D60 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, 5 DocuSign Envelope ID: FD3CA9E7-ADB5-4972-BFA4-C801124A606D 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 6 DocuSign Envelope ID. FD3CA9E7-ADB5-4972-BFA4-C801124A6D6D 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. 7 DocuSign Envelope Id: FD3CA9E7-ADB5-4972-BFA4-C801124A606D 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; 9 DocuSign Envelope ID: FD3CA9E7-ADl35-4972-BFA4-C801 1124A646D 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 m PLAT TO ACC NO. DIRECTION DISTANCE L1 S69-02 27 W 5.81 L2 N69'01'20'E I 5.99 7 A TION 4f, 50 0 50 100 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 O.R. LOT 6—A 15' P.U.E I I 7 669 AC. L--1--�N71-00`00`E— 455_010_J j — {tl 95;Z1�— 45�.13 L bia 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 12 DocuSign Envelope ID: FD3CA9E7-ADB5-4972-BFA4-C801124A6D60 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. 13 DocuSign Envelope ID: FD3CA9E7-AD85-4972-BFA4-C801124A6D6D 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 OoruSpn Envebp010:FD3CA9E7-ADBS-4972-BFA4•CB01124ASMD _ A do+pq % y} IP r y 5 5 u o••< L �T x nas • � Cr { � hos _i'` r Y • SCALE, 1-.4d'-MCRZ `r _ 1'-4'-VERT • �� ��a• Thig nterim e e released for the purpose of interim review oder the authority DI ' p ALVIN R SUTTON, ill_P E 96530 on -- RA-06 it 1s not to be used for construction. x Y ` 0,12,C `44i I. bidding or perm t purposes. - O O O + t a to k O Co AROUND ROCS,TEXAS ~ y.- e:,to •+�o - '!1. w U7 IZPw FA9�01l.190�lQ11Y. rn � , Z Z IfUMG.PATRICK i AW0C1ATE3.LP _ _ KA ealYu�nwnwRQRa U arnc Trus new r ~ Q Q NORTH MAYS EKTENSION s N MAYS s AERIA1 SCHEMATIC PCW — F-_ ��P�-� SCr2 IMr4 1"-•p NM I0.03 AC orvu, •rt1D[R4•e rRp,(41 Ro 5.(t1 Ro •. ;� �+�'. -� - ox•.a sort n:.•s ww•�w, a urrc>. roe a f DaaSgn Envebpe ID FD3CA9E7-ADB5IB72-BFA4•C101124A1086 'A�d RAT IRS% o + ~ f)0 7�.hr s3•x 97.5} 94.w LJ ZZ - PA-09 41 zcr 4W b.W AC- Ph-Ir 8•S+{ �. xAU: 1-.ao'.RoR: �•-a--VERT 3 Th.$Cocumenl is releosed far the purpose i r.I interim reviewnder the outhority of ALLAN R SUTTON. BI,P E. 96530 On ---- It is not to be used for construction. bidding or permit purpOseS- i ROUND ROCK,TEXAS I0006RTARSIOd4 . K KAIBEea PATRICK LTWO AAt{lOC1A7El,lP COT6hlP C 0 6gMaM TErRue,Texas raw. NORTH MAYS L%TLN90N N MAYS AER AL SCHEMATIC ROW sc-E ..onZwl. rwa M9fx rEEERK M R CI Wi L EI Ira yyY S �n p+.w sr.rt �uwrr rtr.s eORiRZ Yrhp� .IOB