Contract - HRT Properties of Texas, LTD - 5/28/2015 CONTRACT FOR PURCHASE AND SALE
(401 and 425 University Boulevard,Round Rock,Texas)
THIS CONTRACT FOR PURCHASE AND SALE (this "Contract"), is made and
entered into by and between HRT PROPERTIES OF TEXAS, LTD., a Texas limited
partnership ("Seller") and THE CITY OF ROUND ROCK, TEXAS, a municipal corporation
located in Williamson and Travis Counties ("Purchaser").
Recitals
A. Reference is made to the "Chandler Creek Medical Pavilion, Final Plat of 1.84
Acres and a Replat of Lots IA through 1D,Amended Resubdivision of Lot 1, Block B, Oakmont
Centre Section Three and Lot 2, Block B, Oakmont Centre Section Three" filed on April 21,
2009, and recorded in Cabinet FF, Slides 329-331 of the Plat Records of Williamson County,
Texas (the"Plat").
B. Seller owns the real property identified as Lot IA, Block B, as shown on the Plat
("LotIA'), and the real property identified as Lot 1B, Block B, shown on the Plat ("Lot 113";
Lot IA and Lot1B are sometimes individually referred to in this Contract as a "Property" and
collectively as the"Properties').
C. In connection with Purchaser's planned roadway construction project along
University Boulevard in Round Rock, Texas, Purchaser wishes to acquire in fee simple from
Seller (1) the portion of Lot IA described on Schedule C-1 (the "Lot lA Right of Way"), and
(2) the portion of Lot 1B described on Schedule C-2 (the "Lot 1B Right of Way"; the Lot IA
Right of Way and the Lot 1B Right of Way are sometimes individually referred to in this
Contract as a"Right of Way"and collectively as the"Rights of Way").
D. In lieu of Purchaser instituting an eminent domain proceeding(s) to acquire the
Rights of Way, Seller is willing to sell, and Purchaser is willing to purchase, the Rights of Way
for the consideration contained in this Contract, and on the terms and conditions contained in this
Contract.
THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein,the parties agree as follows:
1. The Rights of Way. Seller agrees to sell and Purchaser agrees to purchase the
Rights of Way on the terms and conditions contained in this Contract.
2. Purchase Price,Additional Consideration.
(a) The total monetary purchase price ("Purchase Price") shall be equal to
$159,502.00, with (a) $95,048.00 of the Purchase Price allocated to the Lot IA Right of Way,
and (b) $64,454.00 of the Purchase Price allocated to the Lot 1B Right of Way.
(b) As additional consideration for the sale of the Rights of Way, Purchaser
agrees to grant and/or obtain the adjustments and variances described on Schedule 2(b) attached
hereto (collectively, the "Variances"). The Variances must be detailed in a written instrument
00334371.DOC
acceptable to both parties and recorded at Closing so that they benefit each Property and run with
the land on a going-forward basis.
3. Closing.
(a) The closing of the sale contemplated herein (the "Closing") shall be held
at the offices of Texas American Title Company (the "Title Company") at its Round Rock
office on a date and time mutually agreeable to the parties, but in no event later than July 17,
2015 (the "Outside Closing Date"). The date the Closing occurs is referred to in this Contract
as the"Closing Date". If the Closing has not occurred on or before the Outside Closing Date for
any reason other than a default by one of the parties (in which case the provisions of Section 12
shall control), then at the election of either parry this Contract shall terminate, and neither party
shall have any further duty, obligation, or liability to the other under this Contract except for
such duties, obligations, or liabilities which expressly survive the termination of this Contract.
(b) At Closing, Seller shall convey the Rights of Way to Purchaser by special
warranty deed (the "Deed"), and shall deliver a closing statement showing the Purchase Price
and itemizing the costs and prorations described in this Contract (the "Closing Statement"). At
Closing, Purchaser shall deliver the Purchase Price, the Closing Statement, and a written
instrument in recordable form evidencing the Variances. The Deed shall be in the form attached
hereto on Schedule 3(b).
4. Closing Costs.
(a) All Closing costs shall be paid by Purchaser, including all of its due
diligence costs (including the costs of the Survey (defined below), if applicable), all closing and
escrow charges, all recording fees, transfer and similar taxes, the costs of the Title Commitment
and the Title Policy (both as defined below), and the costs of any endorsements to the Title
Policy, if applicable. Purchaser and Seller shall each be responsible for their own attorneys' fees
and expenses.
(b) Real property ad valorem taxes and assessments against the Lot lA Right
of Way for the year in which the Closing occurs shall be prorated as of the Closing Date by the
Williamson County Tax Office, collected by the Title Company from the Purchase Price at
Closing, and submitted to the appropriate tax collecting authority for payment. If the Closing
occurs before the tax rate is fixed for the then current year, the proration of the Lot 1A Right of
Way Taxes shall be upon the basis of the tax rate for the preceding year applied to the latest
assessed valuation. Agricultural roll-back taxes, if any, shall be paid by Purchaser.
(c) Similarly, real property ad valorem taxes and assessments against the Lot
1B Right of Way for the year in which the Closing occurs shall be prorated as of the Closing
Date by the Williamson County Tax Office, collected by the Title Company from the Purchase
Price at Closing, and submitted to the appropriate tax collecting authority for payment. If the
Closing occurs before the tax rate is fixed for the then current year, the proration of the Lot 113
Right of Way Taxes shall be upon the basis of the tax rate for the preceding year applied to the
latest assessed valuation. Agricultural roll-back taxes, if any, shall be paid by Purchaser.
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5. Possession. Possession of the Rights of Way shall be delivered to Purchaser on
the Closing Date.
6. Representations and Warranties of Seller. Seller represents and warrants to
Purchaser that as of the Effective Date and the Closing Date, to Seller's actual knowledge (with
no duty to investigate further):
(a) There are no parties in possession of the Rights of Way as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed to Purchaser.
(b) Seller has complied with all applicable laws, ordinances, regulations,
statutes, rules and restrictions (collectively, "Laws") relating to the Rights of Way, or any part
thereof.
7. Title; Survey; Other Diligence Items.
(a) Purchaser has caused to be performed a survey("Survey") of the Rights of
Way, which are attached hereto on Schedule C-1 and Schedule C-2.
(b) Purchaser may, at its election, procure a title commitment (the "Title
Commitment") to issue a Texas Owner's Title Policy (the "Title Policy") at Closing. In
addition to the conditions precedent benefiting Purchaser contained in Section 9(a), Purchaser's
obligation to consummate the transactions contemplated in this Contract are conditioned upon
the Title Company being irrevocably obligated to issue the Title Policy at Closing free and clear
of any and all liens and restrictions, except for the following: (i) all Laws, (ii) any exceptions
approved in writing by Purchaser, and (iii) the standard pre-printed exceptions contained in the
usual form of the Title Policy,provided that with respect to such standard pre-printed exceptions,
(A) the boundary and survey exception shall be deleted, assuming Purchaser obtains the Survey
and pays the costs of any necessary endorsement, (B) the exception as to restrictive covenants
shall be endorsed "None of Record", assuming the same is true and Purchaser pays the costs of
any necessary endorsement, 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", if that is in fact the case and
assuming Purchaser pays for any necessary endorsement. Should Purchaser object to any title or
Survey matter, Seller shall provide Purchaser with any reasonable assistance requested to cure
such matters, but Purchaser shall be solely responsible for all costs associated with any curative
items. Should Seller not cure such matters, the same shall not be a default by Seller, but
Purchaser shall have the benefit of the condition precedent described above, as well as the
condition precedent contained in Section 9(a)below.
8. Entry pon Rights of WU. At all times prior to Closing,Purchaser shall have the
right to enter upon the Rights of Way (and access through the Properties as is reasonably
necessary to enter the Rights of Way), personally or through agents, employees and contractors,
for the purpose of making boundary line and/or topographical surveys, conducting soil and/or
environmental tests,taking photographs and in general performing such other acts with respect to
the Rights of Way and its environs as are deemed necessary or appropriate by Purchaser in its
reasonable discretion. Purchaser shall bear the costs of such acts and, to the extent allowed by
law, shall indemnify, defend and hold Seller harmless against any and all losses, claims or
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expenses (including reasonable attorneys' fees) resulting from personal injury or property
damage caused by Purchaser, its agents, employees or contractors. Purchaser shall repair any
damage to the Rights of Way and/or Properties caused by Purchaser or its agents, employees or
contractors resulting from the entry permitted by this section and restore the Rights of Way
and/or Properties to the condition existing prior to such entry. The obligations contained in this
Section shall survive the termination of this Contract.
9. Conditions Precedent.
(a) Purchaser's obligation to consummate the transactions contemplated in
this Contract are conditioned upon (i) Seller having 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 at or prior to Closing, and (ii) the status of title to the
Rights of Way being acceptable to Purchaser in its sole discretion.
(b) Seller's obligation to consummate the transactions contemplated in this
Contract are conditioned upon (i) Purchaser having 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 at or prior to Closing, (ii) Purchaser granting and/or
obtaining the Variances, and (iii)the Variances being detailed in a recordable,written instrument
acceptable to both parties in their sole discretion.
(c) If a party's conditions precedent to Closing have not been met on or prior
to the Closing, and provided the same does not constitute a default under this Contract (in which
case the provisions of Section 12 shall control), then this Contract shall terminate upon such
party's written notice to the other, and neither parry shall have any further duty, obligation, or
liability under this Contract, except for such duties, obligations, or liabilities which expressly
survive the termination of this Contract.
10. Risk of Loss. All risk of loss with respect to the Rights of Way shall remain with
the Seller until the Closing Date, after which all risk of loss shall be with Purchaser.
11. Nature of Sale. The Rights of Way are being sold to Purchaser in their "AS IS,
WHERE IS" condition, with all faults, without any representation or warranty of any kind,
except (a) as contained in this Contract, which representations and warranties shall merge with
the Deed, and (b)the covenants of title contained in the Deed. Except for the representations and
warranties contained in this Contract and the covenants of title contained in the Deed, Purchaser
waives, and Seller expressly disclaims, all representations and warranties with respect to the
Rights of Way, including the warranties of habitability and fitness for a particular purpose.
PURCHASER, ON BEHALF OF ITSELF, ITS SUCCESSORS IN TITLE AND ALL PARTIES
CLAIMING BY, THROUGH OR UNDER PURCHASER, HEREBY WAIVES, RELEASES
AND DISCHARGES SELLER FROM ALL CLAIMS THAT PURCHASER, ITS
SUCCESSORS IN TITLE OR PARTIES CLAIMING BY, THROUGH OR UNDER
PURCHASER HAS OR MAY HAVE AGAINST SELLER RELATING TO THE RIGHTS OF
WAY, WHETHER KNOWN OR UNKNOWN, EXISTING OR ARISING IN THE FUTURE,
INCLUDING, NOT LIMITED TO, CLAIMS ARISING OR RESULTING FROM THE
PRESENCE ON OR DISCHARGE FROM THE RIGHTS OF WAY OF ANY HAZARDOUS
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OR TOXIC SUBSTANCES, MATERIALS, WASTES, POLLUTANTS OR CONTAMINANTS
OR FROM THE ENVIRONMENTAL CONDITION OF THE RIGHTS OF WAY,
INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS FOR CONTRIBUTION OR
INDEMNITY. The provisions of this Section 11 shall be incorporated into the Deed and in all
cases shall survive the Closing indefinitely.
12. Default. If this transaction fails to close by reason of Seller's failure to perform its
obligations hereunder, Purchaser shall have the right, at its election and as its sole and exclusive
remedy, to either(a) enforce specific performance of this Contract, or (b)terminate this Contract
by giving Seller written notice thereof. If this transaction fails to close by reason of Purchaser's
failure to perforin its obligations hereunder, Seller shall have the right to terminate this Contract
by giving Purchaser written notice thereof as its sole remedy.
13. Notice. Any notice or consent authorized or required by this Contract shall be in
writing and: (i) sent via facsimile; or (ii) sent postage prepaid by certified mail, return receipt
requested; or (iii) sent by a nationally recognized overnight carrier that guarantees next day
delivery, directed to the other party at the address or fax number set forth in this Section 13 or
such other parties, addresses or fax numbers as may be designated by either Purchaser or Seller
by notice given from time to time in accordance with this Section 13.
To Purchaser: The City of Round Rock, Texas
Attn: John Dean
2008 Enterprise Drive
Round Rock,Texas 78664
Fax: (512)218-5536
With a required copy to: Sheets&Crossfield,P.C.
Attn: Don Childs
309 East Main Street
Round Rock,Texas 78664
Fax: (512)225-8986
To Seller: HRT Properties of Texas, Ltd.
Attn: Robert E. Hull
3310 West End Avenue, Suite 700
Nashville, Tennessee 37203
Fax: (615) 690-8410
With a required copy to: HRT Properties of Texas, Ltd.
Attn: Stephen E. Cox,Jr.
3310 West End Avenue, Suite 700
Nashville,Tennessee 37203
Fax: (615)463-7739
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Notice delivered pursuant to subsection (i) of this section shall be deemed received upon
written confirmation of delivery generated by the sending machine, provided that any notice
received on a non-business day or after 5:00 p.m. at the receiving locale on a business day shall
not be deemed received until the next business day. Notice given pursuant to subsections (ii)and
(iii) of this Section shall be deemed delivered upon receipt by the recipient or the refusal to
accept delivery of the same by recipient, as the case may be.
14. Real Estate Commission. Each party represents and warrants that it has no
agreement with any broker, finder, real estate agent, or other similar person in connection with
the sale and purchase contemplated herein. Purchaser shall indemnify, defend, and hold Seller
harmless from and against any claim, loss, suit, cost, expense, or other damage resulting from or
arising out of Purchaser's breach of the foregoing representation and warranty. Seller shall
indemnify, defend, and hold Purchaser harmless from and against any claim, loss, suit, cost,
expense, or other damage resulting from or arising out of Seller's breach of the foregoing
representation and warranty.
15. Time of the Essence. Time is of the essence of this Contract.
16. Governing Law. This Contract shall be governed by and construed in accordance
with the laws of the State of Texas without regard to that state's conflicts of laws principals.
17. Entire Agreement. This Contract contains the entire agreement between the
parties hereto with respect to the matters to which it pertains and may be amended only by
written agreement signed by both Purchaser and Seller.
18. Assignment. Neither party may assign this Contract or its rights hereunder.
19. Execution and Delivery. The "Effective Date" shall be the latest date that this
Contract is executed by either party. This Contract may be executed in counterpart and delivered
via facsimile.
20. Interpretation. The section headings used herein are for convenience purposes
only and do not constitute matters to be construed in interpreting this Contract. This Contract
was drafted by Seller for convenience purposes only and shall not be construed for or against
Seller on such basis. In this Contract,the singular includes the plural and the plural the singular;
words importing any gender include the other gender; references to statutes, regulations or
ordinances are to be construed as including all provisions consolidating, amending or replacing
the referenced statute, regulation or ordinance; references to agreements and other contractual
instruments shall be deemed to include all subsequent amendments to or changes in such
agreements or instruments; references to persons include their permitted successors and assigns;
use of the terms "include" or "including" are deemed modified by the phrase "without
limitation" in each instance; references to a "Section" "paragraph" or "article" shall mean a
provision of this Contract unless otherwise expressly stated; the terms "herein" and "hereof'
refer to this Contract; references to all schedules and exhibits in this Contract mean the
schedules and exhibits attached to this Contract(unless stated otherwise), each of which are fully
incorporated into this Contract.
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21. Recitals. The recitals are incorporated into this Contract.
(Signatures on the following pages)
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IN WITNESS WHEREOF, Seller has executed this Contract on the date set forth below.
HRT PROPERTIES OF TEXAS, LTD., a Texas
limited partnership
By: Healthcare Acquisition of Texas, Inc., its
general partner
By: l
Printed Name:
Date: c�-f/ o �-f
8
IN WITNESS WHEREOF, Purchaser has executed this Contract on the date set forth
below.
THE C OF ROUND ROCK,TEXAS
By:
Its: N IV`c ri1VGi IN, IVIGIVDI'�'
Date: •� ' r7
9
SCHEDULE C-1
Lot IA Right of WaX
(This Schedule consists of the metes and bounds description of the Lot IA Right of Way and the
Survey depiction of the same)
10
Parcel 20
EXHIBIT"A"
17.5 Foot Wide Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.077 ACRE TRACT OF LAND OUT OF THE
HRT PROPERTIES OF TEXAS,LTD.TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.077 ACRE (3,335 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.077 ACRE TRACT BEING A PORTION OF LOT 1A, BLOCK B, CHANDLER
CREEK MEDICAL PAVILION,FILED ON APRIL 21,2009,AND RECORDED IN CABINET
FF, SLIDES 329-331 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
(P.R.W.C.T.); SAID 0.077 ACRE TRACT ALSO BEING A PORTION OF THAT CERTAIN
TRACT OF LAND (PARCEL 2) DESCRIBED IN A SPECIAL WARRANTY DEED TO HRT
PROPERTIES OF TEXAS, LTD., FILED SEPTEMBER 29, 2006, AND RECORDED IN
DOCUMENT NO. 2006085080 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.077 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with orange collar stamped"Baker-Aicklen Round Rock,TX"found
marking the northwest corner of said Lot IA and the herein described tract, same being the northernmost
northeast corner of Lot 113,Block B of said Chandler Creek Medical Pavilion,said point also being on the
southerly right-of-way(R.O.W.)line of University Boulevard(a variable width R.O.W.);
THENCE North 69°25' 31"East, with the common southerly R.O.W. line of said University Boulevard
(Blvd.) and the northerly line of said Lot 1A,Block B, a distance of 181.80 feet to a calculated point for
the northeast corner of the herein described tract, said point also marking the northwest end of a corner
clip at the intersection of southerly R.O.W. line of said University Blvd. and the westerly R.O.W. line of
Sunrise Road(a variable width R.O.W.);
THENCE South 65°40' 11"East, with the northeast line of said Lot 1A,Block B, and with said corner
clip, a distance of 24.79 feet to a 1/2-inch iron rod with aluminum cap stamped "CORR ROW"(hereafter
referred to as"CORR cap")set for the southeast corner of the herein described;
THENCE South 69° 25' 31" West, traveling across the interior of said Lot IA, Block B, and with the
proposed southerly R.O.W. line of said University Blvd., a distance of 199.36 feet to a 1/2-inch iron rod
with "CORR cap" set for the southwest corner of the herein described tract, said point being on the
common westerly line of said Lot IA, Block B and the northernmost easterly line of said Lot 1B,Block
B;
THENCE North 20° 34' 29" West, with the common westerly line of said Lot 1A, Block B and the
northernmost easterly line of said Lot 1B, Block B, a distance of 17.50 feet to the POINT OF
BEGINNING of the herein described tract,delineating and encompassing within the metes recited 0.077
acre (3,335 square feet) of land, more or less, based on the survey and exhibit drawing made by The
Wallace Group,Inc.,Round Rock,Texas in August of 2014.
Page 1 of 3
Exhibit"A"continued
Description of a 0.077 acre tract
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone—
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4700 attached hereto 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 direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
�E OF T
s'r.
o•9N
Daniel M.Flaherty,R.P.L.S.No. 500 DANIEL M..FLAFIERTY
< 9 5004
The Wallace Group,Inc. y�':•o �,,
One Chisholm Trail,Suite 130 ps �O
Round Rock,Texas 78681 SUR`l�
Ph. (512)248-0065
See attached Plat No.A-4700 08-13-2014
22824-FN03.doc Date
Page 2of3
EXHIBIT "A ' '
(17.5 FOOT WIDE RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.077 ACRE (3,335 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
FIELD NOTE
POINT OF
BEGINNING
UNIVERSITY BOULEVARD 17.5 FOOT WIDE - ACQUISITION
(VARIABLE WIDTH R.O.W.) 0.077 ACRE (3,335 SQ. FT.) SCALE. 1" = 100'
EXISTING R.O.W. UNE N 69'25'31' E - 181.80' S 65'40'11' E - 24.79'
N 20'34'29' W- 17.50'
S 697531' W- 199.36'
LOT 1A
BLOCK 8 PROPOSED
R.O.W. LINE
CHANDALER
ETCRREEK M IC329P PAVILION
-•
4 31
P.R.W.C.T.
Al�4�G'S FILED: APRIL 21, 2009
PROPERES OF LTD. z
LOT 1B HRT
DOCUMENT�NO. 2008085080 h
BLOCK B O.P.R.W.C.T. 4
FILED: SEPTEMBER 29, 2006 d r
CHANDLER CREEK MEDICAL PAVILION
CABINET FF SLIDES 329-331 z N
P.R.W.C.T. L
FILED: APRIL 21, 2OD9 x
w
a
u:
io
i LEGEND
3 GENERAL NOTES: •= FOUND 1/2' IRON ROD WITH ORANGE COLLAR
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. STAMPED "BAKED-AICKLEN ROUND ROCK, TX"
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND ®= SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE. "CORR ROW"
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. A = CALCULATED POINT
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T. - PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
v (CENTRAL ZONE, NAD83) WHICH IS BASED ON U7CA'S CENTRAL TEXAS CPS O.R.W.C.T. = OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
< COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
c
cc
c
The Wallace Group, Inc. OF
C�......... T
iOne Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065STF
cEngineers ■ Architects ■ Planners ■ Surveyors �;QG\ r9vcn
TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 """"""""
N DANIEL nA.FLAHERTY
o I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT r- 500?
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND y'.0 _ o? 0
SURVEYS IN THE STATE OF TEXAS. THIS THE 13TH DAY OF E
2014. ti�•. sse,,.�y
cc
SUR\j
N SURVEYED: 08-11-2014Lb
A EL M. FLAHERTY RPLS 0. 04 3 OF 3
in
0 100 200 PLAT N0. A-4700DRAFT DATE 08-13-2014 DRAWN BY TAB
o SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 195/9 TAB # A-4700
0 2014 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN03
SCHEDULE C-2
Lot 1B Right of Way
(This Schedule consists of the metes and bounds description of the Lot 1B Right of Way and the
Survey depiction of the same)
11
Parcel 19
EXHIBIT"A"
17.5 Foot Wide Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.057 ACRE TRACT OF LAND OUT OF THE
HRT PROPERTIES OF TEXAS,LTD.TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.057 ACRE (2,479 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.057 ACRE TRACT BEING A PORTION OF LOT 1B, BLOCK B, CHANDLER
CREEK MEDICAL PAVILION,FILED ON APRIL 21,2009,AND RECORDED IN CABINET
FF, SLIDES 329-331 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
(P.R.W.C.T.); SAID 0.057 ACRE TRACT ALSO BEING A PORTION OF THAT CERTAIN
TRACT OF LAND (PARCEL 2) DESCRIBED IN A SPECIAL WARRANTY DEED TO HRT
PROPERTIES OF TEXAS, LTD., FILED SEPTEMBER 29, 2006, AND RECORDED IN
DOCUMENT NO. 2006085080 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.057 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with orange collar stamped"Baker-Aicklen Round Rock,TX"found
marking the northernmost northeast corner of said Lot I B and the northeast corner of the herein described
tract,same being the northwest corner of Lot 1A, Block B of said Chandler Creek Medical Pavilion, said
point also being on the southerly right-of-way (R.O.W.) line of University Boulevard (a variable width
R.O.W.);
THENCE South 20° 34' 29"East, with the common northernmost easterly line of said Lot 113,Block B
and the westerly line of said Lot IA, Block B, a distance of 17.50 feet to a 1/2-inch iron rod with
aluminum cap stamped"CORR ROW"(hereafter referred to as"CORR cap") set for the southeast corner
of the herein described tract;
THENCE South 69° 25' 31" West, traveling across the interior of said Lot 113, Block B, and with the
proposed southerly R.O.W. line of said University Blvd., a distance of 141.66 feet to a 1/2-inch iron rod
with"CORR cap"set for the southwest corner of the herein described tract;
THENCE North 200 34' 29"West, continuing with the proposed R.O.W. line of said University Blvd.,a
distance of 17.50 feet to a 1/2-inch iron rod with "CORR cap"set for the northwest corner of the herein
described tract, said point being on the common southerly R.O.W. line of said University Blvd. and the
northerly line of said Lot 1 B,Block B;
THENCE North 69° 25' 31"East, with the common southerly R.O.W. Iine of said University Blvd. and
the northerly line of said Lot 113,Block B, a distance of 141.66 feet to a calculated point for the POINT
OF BEGINNING of the herein described tract, delineating and encompassing within the metes recited
0.057 acre(2,479 square feet)of land,more or less,based on the survey and exhibit drawing made by The
Wallace Group,Inc.,Round Rock,Texas in August of 2014.
Page 1 of 3
Exhibit"A"continued
Description of a 0.057 acre tract
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone—
NAD 83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4701 attached hereto 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 direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County.Texas.
Or
cF
.............
a'sN
.DANIEL 1VI.�FLAHERTY
Daniel M.Flaherty,R.P.L.S. No.5004 " Y . 500¢ P Q
The Wallace Group,Inc. �2'°'-'! 5 O
One Chisholm Trail,Suite 130
SC1Rv�
Round Rock,Texas 78681
Ph. (512)248-0065
See attached Plat No.A-4701 08-13-2014
22824-FN04.doc Date
Page 2 of 3
EXHIBIT "A' '
(17.5 FOOT WIDE RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.057 ACRE (2,479 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
FIELD NOTE
POINT OF
BEGINNING
'77
QUISITION
. FT)
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R.0.W.) SCALE: 1" = 100'
L—/—
E)GSTINGN 6975'31' E - 141.66' EXISTING R.O.W. LINE
N 20'34'29' W - 17.50' S 20'34'29' E - 17.50'
S 69'25'31' W- 141.66'
zo
PROPR.O.W. SED rz
LINE
LOT 1A
BLOCK B
CHANDLER CREEK MEDICAL PAVILION
LOT 1B BLOCK B CABINET P R.W.C.T.SLIDES 329-331
CHANDLER CREEK MEDICAL PAVILION FILED: APRIL 21, 2009 = V4
CABINET FF, SLIDES 329-331 3 Cx1 q
P.R.W.C.T. C� ti �L
FILED: APRIL 21, 2009
z 'wT
HRT PROPER71ES OF TEXAS, LTD,
DOCUMENT NO. 2006085080 Uj D3
O.P.R.W.C.T.
FILED: SEPTEMBER 29, 2006 ��-
E
a
io
LEGEND
o GENERAL NOTES:
n 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. • = FOUND 1/2' IRON ROD WITH ORANGE COLLAR
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND STAMPED "BAKED-AICKLEN ROUND ROCK, TX"
CONDITIONS THAT MAY BE APPLICABLE. G= SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. "CORR ROW"
z 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T. = PLAT RECORDS, WIWAMSON COUNTY, TEXAS
(A 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WIWAMSON COUNTY, TEXAS
E (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.R.W.C.T.= OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS
< COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WWAMSON COUNTY, TEXAS
a
C, The Wallace Group, Inc. of
} One Chisholm Troll, Suite 130, Round Rock, Texas 78681 (512) 248-0065 �� 5 T•:T�`
Engineers ■ Architects ■ Planners ■ Surveyors
Waco * Killeen * Dallas * Round Rock ° '�'
............................:....
V., TBPLS 10051701 TBPE F-54 DANIEL M. FLAH__ERTY
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT < ° 5004
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND �'Q
M SURVEYS IN THE STATE OF TEXAS. THIS 13TH DAY OF 2014. �'li'°FFss��` �
O••SUR`I�
co
SURVEYED: 08-11-2014 AN L . FEARER PLS NO. 5004 3 OF 3
0 100 200 PLAT NO. A-4701 DRA ATE 08-13-2014 DRAWN BY TAB
o SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 195/9 TAB # A-4701
0 2014 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN04
SCHEDULE 2(a)
(Insert Administrative Adjustment Letter)
12
Y
Mayor Councilmembers City Manager
Alan McGraw Craig Morgan Laurie Hadley,Interim
Joe Clifford
Will Peckham
ItROUNED) ROCK TEXAS Mayor Pro-Tem John Moman City Attorney
PLANNING&DEVELOPMENT SERVICES DEPARTMENT George White Kris Whitfield Stephan L.Sheets
May 5,2015
i
Greg Smith
HRT Properties of Texas,Ltd.
3310 W. End Ave., Suite 700
Nashville,TX 37203
Re: Condemnation Administrative Adjustment: 425 &451 University Blvd.
University Blvd. Improvement Project
Parcels 19 and 20
Dear Mr. Smith:
As you are aware, the City of Round Rock ("City") has proposed 0.057 acre (Parcel 19) and
0.077 acre (Parcel 20) right of way takings from the parent tracts located at the addresses
identified above for the widening of University Blvd., said acquisitions being described in
further detail in Exhibits "A & B" attached hereto, and evidenced in Document No. i
and Document No. in the Records of €
Williamson County, Texas. These acquisitions will affect the properties also known as Lot IA
and Lot 113, Block B, Chandler Creek Medical Pavilion, filed on April 21, 2009, and recorded in
Cabinet FF, Slides 329-331 of the Plat Records of Williamson County,Texas.
The sites are owned by HRT Properties of Texas, Ltd., ("HRT") and while the areas in the near
vicinity of Parcel 19 and Parcel 20 are currently vacant,I understand that you have been engaged
in preliminary discussions with the City regarding proposed development site plans for these
areas.
In response to your request for an Administrative Adjustment pursuant to Section 46-96 (b)(2)of
the City's Code of Ordinances ("Code"), I have reviewed the effect of these acquisitions on the
existing building setback requirements for those sites. As a result of the proposed right of way
acquisitions it is my understanding that calculating the building setback and areas from the newly
resultuig property lines after the acquisition would impact your current conceptual site and I
development plans.
t
I
Therefore, after consideration of these issues, and based on the required criteria in Section 46-96
of the City's Code, I hereby grant the following Administrative Adjustment for the affected
tracts:
1. During any development review and site permitting process the City shall measure the
applicable building setback line from University Blvd. right of way from the currently
CITY OF ROUND ROCK 301 West Bagdad,Suite 210,Round Rock,Texas 78664
Planning[P]512.218.5428 • Code Enforcement[P]512.341.3329 • [F]512.218.3286 • roundrocl<texas.gov
existing property line in effect prior to the acquisitions described herein, provided that no
improvements shall be constructed within the right of way proposed to be acquired.
The City understands that you intend to re-subdivide Lot 1A and Lot 113 referenced
above concurrent with or shortly following the City's granting of the foregoing Administrative
Adjustments, and record a new plat in connection therewith. The modified setbacks described in
this letter shall be identified on the resulting plat.
Any future modifications or alterations to the sites, or any resulting subdivision plat
modifications after the date of this letter and which vary from those described in the paragraph
numbered 1 above must be reviewed and approved by this office. Please feel flee to call if you
require any additional clarification or need further information.
You may wish to record this letter in the real property records for future reference on
legal matters related to these lots.
Sincerely, r
G
Brad Wiseman,AICP
Planning&Development Services Director F
rt
f
Acknowledgment
R
i
State of Texas §
§
County of Williamson §
p� 1
This instrument was acknowledged before me on this the Sfk day of 2015 I
by Brad Wiseman, in the capacity and for the purposes and consideration recited her n.
VERONICA MEDINA CHANDLER
T,QA 'CC- C�r9y�c11�
Notary Public,State of Texas
My commission Expires Notary Public, State of Texas
January 25,2018
2
SCHEDULE 3(b)
Form of Deed
(See Attached)
13
SPECIAL WARRANTY DEED
University Blvd.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 FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed University Boulevard improvement project
("Project"); and,
WHEREAS,the purchase of the Property(defined below) has been deemed necessary or convenient for
the construction, expansion, enlargement, extension, improvement, or operation of the Project;
NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS:
That, HRT PROPERTIES OF TEXAS, LTD., a Texas 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 the City of Round Rock,
Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day, subject to the reservations from and exceptions to conveyance and
warranty, Sold and by these presents do Grant, Bargain, Sell and Convey unto the CITY OF ROUND
ROCK, TEXAS all those certain tracts or parcels of land lying and being situated in the County of
Williamson, State of Texas, the same not being the homestead of Grantor, being more particularly
described as follows (the"Property"):
All of that certain 0.057 acre tract of land situated in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas, being a portion of Lot 1B, Block B,
Chandler Creek Medical Pavilion, a subdivision in Williamson County,Texas according
to the Map or Plat thereof recorded in Cabinet FF, Slides 329-331, Plat Records of
Williamson County, Texas; said 0.057 acre of land being more fully described by metes
and bounds in Exhibit"A", attached hereto and incorporated herein(Parcel 19); and
All of that certain 0.077 acre tract of land situated in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas, being a portion of Lot IA, Block B,
Chandler Creek Medical Pavilion, a subdivision in Williamson County, Texas according
to the Map or Plat thereof recorded in Cabinet FF, Slides 329-331, Plat Records of
Williamson County, Texas; said 0.077 acre of land being more fully described by metes
and bounds in Exhibit`B", attached hereto and incorporated herein(Parcel 20);
00314028.DOC
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments (other
than liens and conveyances), that affect the Property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
The Property is being conveyed in its "AS IS, WHERE IS" condition, with all faults, without any
representation or warranty of any kind, except (a) as contained in that certain Contract for Purchase and
Sale of Real Estate ("Contract") between the Grantor and Grantee, which representations and warranties
shall merge with this Deed, and (b) the covenants of title contained in this Deed. Except for the
representations and warranties contained in the Contract and the covenants of title contained in this
Deed, Grantee waives, and Grantor expressly disclaims, all representations and warranties with respect
to the Property, including the warranties of habitability and fitness for a particular purpose. GRANTEE,
ON BEHALF OF ITSELF, ITS SUCCESSORS IN TITLE AND ALL PARTIES CLAIMING BY,
THROUGH OR UNDER GRANTEE, HEREBY WAIVES, RELEASES AND DISCHARGES
GRANTOR FROM ALL CLAIMS THAT GRANTEE, ITS SUCCESSORS IN TITLE OR PARTIES
CLAIMING BY, THROUGH OR UNDER GRANTEE HAS OR MAY HAVE AGAINST GRANTOR
RELATING TO THE PROPERTY, WHETHER KNOWN OR UNKNOWN, EXISTING OR ARISING
IN THE FUTURE, INCLUDING, NOT LIMITED TO, CLAIMS ARISING OR RESULTING FROM
THE PRESENCE ON OR DISCHARGE FROM THE PROPERTY OF ANY HAZARDOUS OR
TOXIC SUBSTANCES, MATERIALS, WASTES,POLLUTANTS OR CONTAMINANTS OR FROM
THE ENVIRONMENTAL CONDITION OF THE PROPERTY, INCLUDING, BUT NOT LIMITED
TO, ALL CLAIMS FOR CONTRIBUTION OR INDEMNITY, TO THE EXTENT ALLOWED BY
LAW.
TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances
thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantor
does hereby bind ourselves, our heirs, executors, administrators, successors and assigns to, except as to
the reservations fi-om and exceptions to conveyance and warranty, Warrant and Forever Defend all and
singular the Property unto the 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,
but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2015.
[signature page follows]
2
HRT PROPERTIES OF TEXAS, LTD.,
a Texas limited partnership
By: Healthcare Acquisition of Texas, Inc., its
general partner
By:
Its:
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2015, by , in the capacity and for the purposes and consideration therein
expressed.
Notary Public, State of
PREPARED IN THE OFFICE OF:
Sheets&Crossfield,P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock,Texas 78664
AFTER RECORDING RETURN TO:
3.