Contract - Fog Break, LTD - 2/13/2025 REAL ESTATE CONTRACT
North Mays Gap Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between FOG BREAK,
LTD.,a Texas limited partnership (referred to in this Contract as"Seller",whether one or more)
and 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 0.3231 acre(14,080 square foot)tract of land,out of and situated
in the Ephraim Evans Survey, Abstract No. 212, in Williamson County, Texas;
being more fully described by metes and bounds in Exhibit "A", attached hereto
and incorporated herein Parcel 6);
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 herein not otherwise
retained by Seller, for the consideration and upon and subject to the terms, provisions, and
conditions set forth below.
ARTICLE 11
PURCHASE PRICE AND ADDITIONAL COMPENSATION
Purchase Price
2.01. The Purchase Price for the fee simple Property interests described in Exhibit A
shall be the sum of EIGHT HUNDRED THIRTY-FIVE THOUSAND and 00/100 Dollars
($835,000.00).
Payment of Purchase Price and Additional Compensation
2.02. The Purchase Price shall be payable in cash or other readily available funds at the
Closing.
h-2025-o32
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions(any of which
may be waived in whole or in part by Purchaser at or prior to the Closing).
;Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be perfonned, 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,and for which Seller shall
deliver a partial release of lease document at Closing.
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof.
4.02. The Property is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closine Date
5.01. The Closing shall be held at the office of Rise Title on or before February 28,2025,or
at such time, date, and place as Seller and Purchaser may agree upon, 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").
2
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title to City of Round Rock, Texas in fee simple to the right of
way Property described in Exhibit A, conveying such interest in and to the portion of the Property
free and clear of any and all monetary liens and restrictions and release of any lease agreement
affecting the Property, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable.
(b) Any exceptions approved by Purchaser pursuant to Article III hereof, and
(c) Any exceptions approved by Purchaser in writing.
(2) The Special Warranty Deed shall be in the form as shown in Exhibit"B"attached hereto
and incorporated herein.
(3) Provide reasonable assistance as requested, at no cost to Seller, to cause the Title
Company to deliver to Purchaser a Texas Owner's Title Policy at Purchasers sole expense, in
Grantee's favor in the full amount of the Purchase Price. insuring Purchaser's contracted interests
in and to the permanent interests being conveyed in the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the
standard printed exceptions contained in the usual form of Texas Owner's Title Policy. provided,
however:
(a) The boundary and survey exceptions shall be deleted.
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable.
(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". and
(d) that such other documents required from Seller are prepared at no cost to
Seller and do not require Seller to make any additional representations,
indemnifications,or promises to Purchaser, the Title Company,or any other
person except as otherwise specifically provided in this contract.
(4) Deliver to Purchaser possession of the Property if not previously done.
3
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price and Additional Compensation, if
any.
Prorations
5.04. General real estate taxes for the then-current year relating to the portion of the
Property conveyed in fee shall be prorated as of the Closing Date and shall be adiusted in cash at
the Closing but shall otherwise remain the obligation of Seller to satisfy. 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. Agricultural
roll-back taxes, if any, which directly result from this Contract 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:
(I) Owner's Title Policy and survey to be paid by Purchaser.
(2) Special Warranty Deed, tax certificates, and title curative matters, if any, paid by
Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract: or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
4
ARTICLE VII
BREACH BV PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for
the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the
terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its
total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit
has been made, then Seller shall receive the amount of 5500 as liquidated damages for any failure
by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail,postage prepaid,certified mail,return receipt requested,addressed
to Seller or Purchaser,as the case may be,at the address set forth opposite the signature of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson County,
Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality.. or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
5
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.01 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, which date is indicated beneath the Mayor'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.
6
As-Is Sale
8.l2. AS-IS SALE. PURCHASER ACCEPTS THE PROPERTY"AS IS,""WHERE IS,"AND
"WITH ALL FAULTS," WITHOUT WARRANTY OR REPRESENTATION FROM SELLER.
PURCHASER AGREES AND REPRESENTS:
(a) PURCHASER IS NOT RELYING ON ANY WRITTEN, ORAL, OR IMPLIED
STATEMENT OR REPRESENTATION BY SELLER OR ANY REPRESENTATIVE OF
SELLER ABOUT OR RELATED TO THE PROPERTY,INCLUDING, BUT NOT LIMITED
TO STATEMENTS OR REPRESENTATIONS ABOUT: (i) THE NATURE, USE, VALUE,
DEVELOPMENTAL POTENTIAL, SUITABILITY OR FITNESS FOR ANY USE,
COMPLIANCE WITH RESTRICTIONS OR ZONING ORDINANCES, COMPLIANCE
WITH ANY REGULATIONS OR LAWS, HABITABILITY, MARKETABILITY, ACCESS
TO,EGRESS FROM,QUALITY OF IMPROVEMENTS,CONDITION OF IMPROVEMENTS
OR THE LAND, SIZE OF THE IMPROVEMENTS OR LAND, SOILS, OR DRAINAGE (ON
OR FROM); OR (ii) THE PRESENCE OF ANY ENVIRONMENTAL CONDITIONS,
ENVIRONMENTAL CONTAMINANTS, UTILITIES, FLOOD HAZARD AREAS, FLOOD
PRONE AREAS, EASEMENTS, RIGHTS-OF-WAY, ROADS;
(b) PURCHASER HAS THE OPPORTUNITY TO INSPECT THE PROPERTY, IS
FAMILIAR WITH THE PROPERTY, IS SATISFIED WITH THE CONDITION OF THE
PROPERTY, AND IS RELYING ON PURCHASER'S OWN DETERMINATION AND
INVESTIGATION OF THE PROPERTY.
(c) PURCHASER IS EXPERIENCED IN THE PURCHASE OF PROPERTIES
SIMILAR TO THE PROPERTY; AND
(d) THE SALES PRICE HAS BEEN NEGOTIATED BETWEEN THE PARTIES
AS A RESULT OF PURCHASER AGREEING TO TAKE THE PROPERTY IN AN AS-IS
CONDITION.
Contingent Possession and Use Aereement
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 1,
2025, to enter and possess the Property prior to completion of final Closing for the purpose of
completing any and all necessary testing, utility relocation, and construction activities associated
with the proposed roadway improvement construction project of Purchaser on the Property or other
obligations of this Contract, and Seller agrees to make any gate access available to Purchaser, its
contractors or utility facility owners as necessary to carry out the purposes of this paragraph. The
parties agree to continue to use diligence in assisting with any title curative measures or mortgage
lien release required by the Contract to complete the Closing of the purchase transaction.
7
Special Provisions
9,1 Sign Location. Seller's existing monument sign may be relocated or reconstructed on Seller's
remainder property in the approximate location identified as "Proposed Sign Location" on Exhibit -C"
attached hereto and incorporated herein.
9.2. Driveways. Seller's existing driveways will be reconnected to North Mays Street in the locations
and in accordance with the plans and specifications as shown in Exhibit "D" attached hereto and
incorporated herein. Purchaser's construction related to said driveways will be completed in a manner that
does not deny access to Seller's remainder property unless otherwise agreed to in advance. If necessary to
carry out the obligations of this paragraph Purchaser, its contractors and agents shall be allowed to
temporarily access the remaining property of Seller solely in the limited locations and for the period
reasonably necessary for completion.
The obligations and agreements in Paragraphs 9.1 and 9.2 above shall survive the Closing of this
transaction.
8
SELLER:
FOG BREAK,LTD.,A TEXAS LIMITED PARTNERSHIP
sy.
Name
Title: ,. t r--
Date: /— L 3 ZS—
PURCHASER: SPURCHASER:
CITY OF ROUND ROCK,TEXAS
By: k kAddress: 221 Main Street
Craig Morgan, M yor Round Rock,Texas 78664
Date: Z ( 2v2 S
9
County: Williamson 10/18/2023
Parcel: 6-Fog Break LTD Page 1 of 6
Highway: N. Mays Extension
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.3231 ACRE (14,080 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 1, BLOCK B OF OAKMONT CENTRE SECTION FIVE SUBDIVISION, RECORDED
IN CABINET F, SLIDE 139, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AS
DESCRIBED IN A SPECIAL WARRANTY DEED TO FOG BREAK LTD, RECORDED IN DOCUMENT
NO 2004012552, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.3231 ACRE (14,080 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING at a 5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set being 45.00 feet left
of N. Mays St. Baseline Station 80+94.47, on the proposed westerly right-of-way (ROW) line of N. Mays
St. (ROW varies), and the existing westerly ROW line of N. Mays St. (formerly Oakmont Dr.) (60' ROW
width), same being the southerly line of said Lot 1, (Grid Coordinates determined as N=10,175,691.87.
E=3,130,022.43), and for the southwest corner and POINT OF BEGINNING of the herein described
parcel, from which point a capped 1/2 inch iron rod stamped "ROW-5050" found, on the southerly line
of said Lot 1 at an angle point on said existing ROW line, same point being the northwest corner of that
certain called 0.264 acre tract of land described in Deed to Williamson County, Texas, recorded in
Document No. 2018020604, said Official Public Records, bears N 83040'28' W, a distance of 30.46
feet;
THENCE, departing said existing ROW line, with said proposed ROW line, through the interior of said
Lot 1, the following three (3)courses and distances:
1) N 16000'26" E, a distance of 72.66 feet to a 5/8 inch iron rod with aluminum cap stamped
"CORR-ROW" set, for the beginning of a curve to the left. being 45.00 feet left of N. Mays St.
Baseline Station 81+67.13;
2) along said curve to the left, having a radius of 355.00 feet, a delta angle of 36054'47", an arc
length of 228.71 feet, and a chord which bears N 02026'57" W, a distance of 224.78 feet, to a
5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set, for a point of tangency, being
45.00 feet left of N. Mays St. Baseline Station 84+24.84,-
3)
4+24.84;3) N 20054'21" W, a distance of 637.21 feet, to a 5/8 inch iron rod with aluminum cap stamped
"CORR-ROW" set, being 45.00 feet left of N. Mays St, Baseline Station 90+62.05, on the south
line of Lot 2A, Block A (Shortcut Pass) of the REPLAT OF LOTS 1, AND 2 OAKMONT CENTRE
SECTION TWO subdivision, recorded in Document No. 2021065803, of the Official Public
Records of Williamson County, Texas, same line being the north line of said Lot 1, for the
northwest corner of the herein described parcel;
4) THENCE, N 69°03123" E, departing said proposed ROW line, with the common boundary line of
said Lot 1 and said Lot 2A, a distance of 14.63 feet to a calculated point on said existing ROW
line of N. Mays St., being the southeast corner of said Lot 2A, for the northeast corner of said
Lot 1 and the northeast corner of the herein described parcel:
THENCE, departing said Lot 2A, with said existing ROW line, being the east line of said Lot 1, the
following three (3)courses and distances:
5) S 2056'37" E, a distance of 636.92 feet, to a 1/2 inch iron rod found, for the beginning of a
curve to the right:
County: Williamson 10/18/2023
Parcel: 6-Fog Break LTD Page 2 of 6
Highway: N. Mays Extension
6) along said curve to the right, having a radius of 373.27 feet, a delta angle of 37025'4211, an arc
length of 243.84 feet, and a chord which bears S 02010'54" E, a distance of 239.53 feet, to a
calculated point of tangency;
7) S 16°31'48" W, a distance of 65.06 feet, to a PK Nail found, for the southeast corner of said Lot
1 and the southeast comer of the herein described parcel,-
8)
arcel;8) THENCE, N 83°40128" W, continuing with said existing ROW line. being the south boundary line of
said Lot 1, a distance of 15.08 feet to the POINT OF BEGINNING. containing 0.3231 acres (14,080
square feet) of land more or less.
This property description is accompanied by a separate parcel plat.
Bearings are based on the Texas Coordinate System of 1983, Central Zone NAD83 (2011).
Coordinates shown hereon are grid values represented in U.S. Survey Feet. All distances shown
hereon are surface values represented in U.S. Survey Feet based on a surface-to-grid Combined
Adjustment Factor of 0.99987384.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Miguel A. Escobar, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground under my direct supervision January 2023.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Inland Geodetic
6OTfR
GJ.PO � FO.t1'
...... ANGEL ESC....
.....................
tiq 5630
Miguel A. Escobar, L.S.L.S., R.P.L.S. <'gN.'eSS%�o�
Texas Reg. No. 5630
1504 Chisholm Trail Rd #103
Round Rock, TX 78681
TBPELS Firm No. 10059100
Project No: KPA-001
S:\KPA\CORR N MAYS EXT\5-Descriptions-Report s\PARCEL-6-FOG BREAK.doc
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
NUMBER RADIUS DELTA LENGTH ENOA26'57-W
D BEARING CHORD /
Cl 355.00' 36'54'47" 228.71' 224.78'
C2 373.27' 3T25'42" 243.84' '10'54"E 239.53'
C2 373.27' 3T25'S0" 243.85' 1'11'15"E 239.54'
` VOL. 952, 142 a TSSCHUN
O.P.R.W.C..C.T. _ A CHL�Nt r_
N
ice' W 50 0 50 100
Li LOT 1, BLOCK B
i 3 5.293 ACRES ww SCALE 1" = 100'
OAKMONT CENTRE,
REPLAT OF I ;O SECTION FIVE Nt
LOT 2 OF ( I:; CAB. F. SLD. 139 N���' Q
EAST CHANDLER ( I O.R.W.C.T. O iZ rn I Ln
RETAIL CENTER o
CAB. CC, I 0.3231 AC. Z
SLD. 230-233 0 1;
1N 14,080 SO. FT. o
O.P.R,W.C.T. I 1
I �z, I
vo FOG BREAK LTD. vi ' L
LOT 2H, I i .o DOC. NO. 2004012552 0 i
BLOCK A Lj O.P.R.W,C.T. 1
21.95 ACRES 3-i u
I STA. 84+24.84 I
I 45.00' LT $_1
�n 15' P.U.E.
(PLAT) F II -
P.O.B. I I
GRID COORDINATES NO. DIRECTION DISTANCE
N:10,175,691.87 jL1 N16'00'26"E 72.66'
E:3,130,022.43 5' WILE t
AVLi
N83-40'28"E 45.54'
STA. 80+94.47 2439/149 yo. L3 N69'03'23"E 14.63'
``' LT O.P.R. iV V L4 S16'31'48W 65.06'
1-4 S17'31'40-W 65.40'
L5 I N83'40'28"W 15.08
I 1 67.16 8 L6 N83'40'28"W 30.46"
- \ L x'3.00' LT /
D.E. �.
1199/254
O.P.R. ,
OAKMONT CENTRE
°' P•U.e.
SECTION FIVE / '. (PIL4T)
CAB. F. SLD. 139 LOT 2• (L",, --
P.R.W.C.T. BLOCK B YEARPpL-" 100 _
WILLWASON COUNTY. TEXAS �tL' 6b� / USN
l /
Doc. NO. 201"�W
O.P.R.W.C.T x
PROJECT NO.: KPA-001 10/18/2023
PARCEL PLAT SHOWING PROPERTY OF
c c�ooEncs FOG BREAK LTD. PARCEL 6
Ltn ury yyo� 5 0.3231 AC.
14.080 SO. FT.
S��At E PROJECT
1 - 1 c WILLIAMSON CoutiT`r' N MAYS EXT PAGE 3 OF E
EXHIBIT A
PLAT TO ACCOMPANY OESCRIPTION
1
50 0 50 100
REPLAT OF LOTS 1 AND 2
OAKMONT CENTRE SECTION TWO SCALE 1" = 100'
DOC. NO. 2021065803
O.P.R.W.C.T.
CITY OF ROUND ROCK
DOC. NO. 2016088952 J r-
O.P.R.W.C.T
•I . • rte'•/ \,�\i.� .i ` ,•^ .
LOT 2A BLK A I o; �- r•. r' •� /-`
Lt�10' P.U.E. 0.524 ACRES
(PLAT) SHORTCUT PASS rii0 c
(N70'05'50-E M.QG'l a
—sT� 90+ 2.0 z
45.00' LT
DOC NO 2017006341 I —
I O.P.R.W.C.T. O
0.3231 AC. N0. DIRECTION DISTANCE
AAKjONT CENTRE. 14,080 SO. FT. �" L1 N16.00 26"E 72.66
SECTION FIVE L2 N83'40'28"E 45.54'
CAB. F, SLD. 139
L3 N69'03'23"E 14.63'
O.R.W.C.T. n
t L4 S16'31'48'W- 65.06'
i I LOT 1, BLOCK B L4 S1 731.40"W 65.40'
I 5.293 ACRES L5 N83'40'28"W 15.08'
' I I 3i cll L6 N83-40-28-W 30.46'
FOG BREAK LTD. r
DOC. NO. 2004012552
I i i O.P.R.W.C.T. I a
30' B.L f
VOL 952, PG. 142
O.P.R.W.C.T..
PROJECT NO.: KPA-001 10/18/2023
PARCEL PLAT SHOWING PROPERTY OF
FOG BREAK LTD. PARCEL 6
an uran urv� 0.3231 AC.
�� L=l
14.080 SO.PROJECT AILLIAMSON COUNTY N. MAYS EXT PAGE 4 OF 6
EXHIBIT A
PLAT TO ACCOMPANY DESCRIPTION
NOTES: THE TERMS. PROVISIONS, EASEMENTS. COVENANTS,
1, BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF RESTRICTIONS AND LIEN FOR ASSESSMENTS AS SHOWN IN
1983, CENTRAL ZONE NAD83 (201!)- COORDINATES SHOWN RESTRICTIONS RECORDED IN VOLUME 952, PAGE 142, VOLUME
HEREON ARE GRID VALUES REPRESENTED IN U.S. SURVEY 961, PACE 1, VOLUME 1019, PAGE 578, VOLUME 976, PAGE
FEET. ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES 230, VOLUME 1034, PAGE 709. VOLUME 1340. PAGE 873,
REPRESENTED IN U.S. SURVEY FEET BASE) ON A VOLUME 1340, PAGE 877, VOLUME 1340, PAGE 882. VOLUME
SURFACE-TO-GRID COMBINED ADJUSTMENT FACTOR OF 1340, PAGE 887, VOLUME 1344. PAGE 732. VOLUME 1344,
0.99987384. PAGE 737, VOLUME 1344. PAGE 742, VOLUME 2566. PAGE
192, CLERK'S FILE NO 2001003055. 2013068699,
2. THE FOREGOING MAP AND SURVEY ON WHICH IT IS BASED IS 2016010516, 2021190918, 2021190919. OFFICIAL PUBLIC
ACCOMPANIED BY AND A PART OF SEPARATE METES AND RECORDS, WILLIAMSON COUNTY, TEXAS; WHEN TAKEN WITH ALL
BOUND DESCRIPTION OF THE SUBJECT TRACT, AMENDMENTS AND/OR SUPPLEMENTS THERETO.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION H BUILDING LINES AND EASEMENTS AS SET OUT IN RESTRICTIONS
WITH COMMITMENT FOR TITLE INSURANCE GF 23040015RTROW, RECORDED IN VOLUME 952. PAGE 142. OFFICIAL PUBLIC
ISSUED BY RISE TITLE INSURANCE COMPANY, EFFECTIVE DATE MAY RECORDS, WILLIAMSON COUNTY, TEXAS. (SHOWN)
1. 2023; ISSUE DATE MAY 5, 2023.
I. ELECTRIC TRANSMISSION AND DISTR;BUTION LINE EASEMENT
SCHEDULES, ITEM 1: GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT
RESTRICTIVE COVENANTS: CABINET F. SLIDE 139, PLAT RECORDS; DATED AUGUST 12, 1936, RECORDED IN VOLUME 282, PAGE
VOLUME 952, PAGE 142, VOLUME 961, PAGE 1, VOLUME 1019, 399, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (DOES NOT
PAGE 578. VOLUME 976. PAGE 230, VOLUME 1034, PAGE 709. E
VOLUME 1340, PAGE 873, VOLUME 1340. PACE 877, VOLUME
1340. PACE 882, VOLUME 1340, PAGE 867, VOLUME 1344. PAGE J ELECTRIC EASEMENT GRANTED TO TEXAS POWER do LIGHT
732, VOLUME 1344, PAGE 737, VOLUME 1344, PAGE 742, COMPANY, BY INSTRUMENT DATED FEBRUARY 11, 1946,
VOLUME 2566, PAGE 192. CLERK'S FILE NO. 7.001003055, RECORDED IN VOLUME 337, PAGE 11. DEED RECORDS.
2013068699. 2016010516, 2021190918, 2021190919, OFFICIAL WIl1JAMSON COUNTY, TEXAS. (DOES NOT AFFECT}
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, BUT OMITTING ANY
COVENANT, CONDITION OR RESTRICTION, IF ANY, BASED ON RACE, K. WATER IMPOUNDMENT AND STORAGE EASEMENT GRATED TO
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT
ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, NO. 1, BY INSTRUMENT DATED FEBRUARY 21. 1963, RECORDED
CONDITION OR RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF IN VOLUME 483, PAGE 39, DEED RECORDS, WILLIAMSON
THE UNITED STATES CODE, OR (B) RE.ATES TO HANDICAP, BUT COUNTY, TEXAS. (DOES NOT AFFECT)
DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS.
SCHEDULE B. ITEM 10: L WATER IMPOUNDMENT AND STORAGE EASEMENT GRANTED TO
A. RIGHTS OF PARTIES IN POSSESSION, BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT L
NO. 1, BY INSTRUMENT DATED FEBRUARY 21, 1963, RECORDED
B. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER UNRECORDED IN VOLUME 459, PAGE 661, DEED RECORDS. WILLIAMSON
LEASES OR RENTAL AGREEMENTS COUNTY, TEXAS. (DOES NOT AFFECT)
C. RIGHTS OF PUBLIC. THE STATE OF TEXAS AND THE M. EASEMENT AS SHOWN IN INSTRUMENT FROM RICHARD MATZ,
MUNICIPALITY IN AND TO THAT PORTION OF SUBJECT PROPERTY, TRUSTEE TO CITY OF ROUND ROCK, DATED JANUARY 15, M.
IF ANY, LYING WITHIN THE BOUNDARIES OF ANY ROADWAY, 1985 AND FILED IN VOLUME 1199, PAGE 254. OFFICIAL PUBLIC
PUBLIC OR PRIVATE. RECORDS OF WILLIAM50N COUNTY, TEXAS. (SHOWN)
D. ANY VISIBLE AND APPARENT EASEMENTS ON OR ACROSS THE N. EASEMENT AS SHOWN IN INSTRUMENT FROM AMP
PROPERTY HEREIN DESCRIBED, WHICH ARE NOT SHOWN OF INCORPORATED OF DAUPHIN COUNTY, PENNSYLVANIA TO MCNEIL
RECORD. N. CONSUMER PRODUCTS COMPANY, DATED DECEMBER 22,
1993 AND FILED IN VOLUME 2439, PACE 149, OFFICIAL PUBLIC
E. ALL LEASES. GRANTS. EXCEPTIONS OR RESERVATIONS OF COAL. RECORDS OF WILLIAMSON COUNTY. TEXAS. (SHOWN)
LIGNITEOIL. GAS AND OTHER MINERALS. TOGETHER WITH ALL E.
RIGHTS,, PRIVILEGES, AND IM 0 EASEMENT AS SHOWN IN INSTRUMENT FROM FOG BREAK, LTD.
APPEARING IN THE PUBLIC RERECOCORRDDSS WHETHER LISTED IN RELATING THERETO, TO CITY OF ROUND ROCK, TEXAS, DATED JANUARY 18, 2017
SCHEDULE B OR NOT. THERE MAY BE LEASES. GRANTS, AND FILED IN CLERK'S FILE NO. 2017006341, OFFICIAL PUBLIC
EXCEPTIONS OR RESERVATIONS OF MINERAL INTEREST THAT ARE RECORDS OF WILLIAMSON COUNTY, TEXAS. (SHOWN)
NOT LISTED.
F THE FOLLOWING MATTER(S) AFFECTING THE SUBJECT PROPERTY
AS SHOWN ON PLAT/MAP RECORDED IN CABINET F, SLIDE 139,
PLAT RECORDS, WILLIAMSON COUNTY, TEXAS:
15' PUBLIC UTIUTY EASEMENT ALONG THE SOUTH PROPERTY
UNE.(SHOWN)
10' PUBLIC UTILITY EASEMENT RUNNING PARALLEL WITH 100
YEAR FLOOD PLAIN ALONG THE SOUTH PROPERTY UNE.
(APPROXIMATE LOCATION SHOWN)
100 YEAR FLOOD PLAIN RUNNING ALONG THE SOUTH PROPERTY
LINE. (APPROXIMATE LOCATION SHOWN)
10' PUBLIC U71UTY EASEMENT ALONG THE NORTHWESTERLY
PROPERTY LINE. (SHOWN)
PROJECT NO.: KPA-001 10/18/2023
PARCEL FLAT SNOWING PROPERTY OF
N�c>I�oo�xs FOG BREAK LTD. PARCEL 6
an urv* yors 0,3231 AC.
14,080 50. FT.
\V( PROJECT
WILLIAMSON COUNTY N. MAYS EXT PAGE 5 OF 6
EXHIBIT _A
PLAT TO ACCOMPANY DESCRIPTION
P. TERMS AND PROVISIONS OF MEMORANDUM OF LEASE V. TERMS AND PROVISIONS OF ORDINANCE NO,
DATED AUGUST 29. 2013, FILED SEPTEMBER 12. 2013, 0-2022-103 DATED APRIL 13, 2022, FILED APRIL 13.
BY AND BETWEEN FOG BREAK, LTD. LANDLORD AND 2022, RECORDED IN CLERK'S FILE NO. 2022046299,
INSYS THERAPEUTICS, INC., A DELAWARE CORPORATION, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
TENANT, RECORDED IN CLERK'S FILE NO. 2013088172. (NOT A SURVEY MATTER)
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS,
AND AS EVIDENCED BY SUBORDINATION OF TENANT TO
LIEN, ESTOPPEL, NON-DISTURBANCE AND ATTORNMENT W.ANY RIGHTS, LIENS, OR CLAIMS IN FAVOR OF UPPER
AGREEMENT BY AND BETWEEN INSYS THERAPEUTICS, INC., BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
A DELAWARE CORPORATION, TENANT AND PLAINSCAPITAL DISTRICT, INCLUDING BUT NOT LIMITED TO ANY LIEN
BANK, BENEFICIARY DATED AUGUST 30, 2013, FILED SECURING THE PAYMENT OF ASSESSMENTS LEVIED
SEPTEMBER 23, 2013, RECORDED IN CLERK'S FILE NO. AGAINST THE LAND IN ACCORDANCE WITH CHAPTER 372
2013091015, OFFICIAL PUBLIC RECORDS, WILLIAMSON OF THE TEXAS LOCAL GOVERNMENT CODE, WHICH
COUNTY. TEXAS (NOT A SURVEY MATTER) PROVIDES THAT SAID LIEN IS: "(1) A FIRST AND PRIOR
LIEN AGAINST THE PROPERTY ASSESSED; (2) SUPERIOR
O.TERMS AND PROVISIONS OF UNRECORDED LEASE DATED TO ALL OTHER LIENS AND CLAIMS EXCEPT, LIENS OR
MARCH 18, 2004, AS EVIDENCED BY SUBORDINATION, CLAIMS FOR STATE, COUNTY, SCHOOL DISTRICT, OR
ATTORNMENT AND NON-DISTURBANCE AGREEMENT BY MUNICIPAL AD VALOREM TAXES:. (§372.018 (8). TEXAS
AND BETWEEN WINDHAM WHOLESALE. INC. D/B/A LOCAL GOVERNMENT CODE)
HI-RISE BALLOONS, TENANT AND PLAINSCAPITAL BANK, A (NOT A SURVEY MATTER)
NATIONAL BANKING ASSOCIATION, LENDER DATED
FEBRUARY 18, 2004, FILED FEBRUARY 27, 2004,
RECORDED IN CLERK'S FILE NO. 2004014839, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. LEGEND
(NOT A SURVEY MATTER) ® 1/2" IRON ROD WRH CAP FOUND
R. TERMS AND PROVISIONS W 1/2- IRON ROD FOUND® 5/8 INCH IRON ROD W/ ALUMINUM PROPERTY TAX ABATEMENT
AGREEMENT BY AND BETWEEN CITY OF ROUND ROCK CAP STAMPED "CORR-ROW' SET
AND INSYS THERAPEUTICS, INC., A TEXAS CORPORATION p CALCULATED POIN
DATED NOVEMBER 14, 2013, FILED FEBRUARY 6, 2014, Tj
® PK NAIL FOUND
RECORDED IN CLERK'S FILE NO. 2014008343, OFFICIAL ® MAG NAIL FOUND
PUBLIC RECORDS. WIWAMSON COUNTY. TEXAS.
(NOT A SURVEY MATTER) ® MAG NAIL WITH WASHER STAMPED
'CORR-ROW 5630" SET
S. TERMS AND PROVISIONS OF PROPERTY TAX ABATEMENT e PROPERTY LINE
AGREEMENT BY AND BETWEEN CITY OF ROUND ROCK P•R-W.C.T PLAT RECORDS
AND INSYS S. THERAPEUTICS, INC., A TEXAS WILLIAMSON COUNTY, TEXAS
CORPORATION DATED NOVEMBER 14, 2013, FILED JUNE O P.R.W C.T OFFICIAL PUBLIC RECORDS
18, 2015, RECORDED IN CLERK'S FILE NO. 2015050600, WILLIAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, D.R.W.C.T DEED RECORDS
(NOT A SURVEY MATTER) WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. OFFICIAL PUBLIC RECORDS
T. TERMS AND PROVISIONS OF UNRECORDED LEASE DATED WILLIAMSON COUNTY, TEXAS
MARCH 18, 2004, AS EVIDENCED BY SUBORDINATION, P.O.B. POINT OF BEGINNING
ATTORNMENT AND NON-DISTURBANCE AGREEMENT BY D.E. DRAINAGE EASEMENT
AND BETWEEN WINOHAM WHOLESALE, INC. D/B/A P.U.E. PUBLIC UTILITY EASEMENT
HI-RISE BALLOONS, TENANT AND PLAINSCAPITAL BANK, A
NATIONAL BANKING ASSOCIATION, LENDER DATED APRIL W.L.E. WATER UNE EASEMENT
21, 2016, FILED APRIL 25, 2016, RECORDED IN
CLERK'S FILE NO. 2016034210, OFFICIAL PUBLIC B.L BUILDING LINE
RECORDS, WILLIAMSON COUNTY, TEXAS. ( ) RECORD INFORMATION
(NOT A SURVEY MATTER)
U. TERMS AND PROVISIONS OF ORDINANCE NO, I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED
G-13-11-14-Gi AGREEMENT DATED NOVEMBER 14. HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
2013, FILED JANUARY 16, 2014, RECORDED IN CLERK'S GROUND UNDER MY DIRECT SUPERVISION ON JANUARY
FILE NO. 2014003425. OFFICIAL PUBLIC RECORDS, 2023
WILLIAMSON COUNTY, TEXAS.
(NOT A SURVEY MATTER)
OF
Isre
�.p�G !l RF�•tS'
MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S.
MIGUEL ANGEL ESCOBAR TEXAS REG. N0. 5630
••4••5630•••• 1504 CHISHOLM TRAIL RD X1103
• q r• ROUND ROCK, TX 78681
!•'O�ess °`:•Q TBPELS FIRM NO. 10059100
qN�•5 URV Ey0
PROJECT NO.: KPA-001 10/18/2023
PARCEL PLAT SHOWING PROPERTY OF
�NuwD G�ODE11C5 FOG BREAK LTD. PARCEL 6
Len 0.3231 AC.
14.080 S0. FT.
PROJECT
WILLIAMSON COUNTY N. MAYS EXT PAGE 6 OF 6
EXHIBIT "B"
Panel 6
DEED
North Mays Gap Right of Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY 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 FOG BREAK,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 Williamson County, 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(s) or parcel(s) 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 0.3231 acre (14,080 square foot) tract of land, out of and situated
in the Ephraim Evans Survey, Abstract No.212, in Williamson County,Texas;being
more fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein(Parcel 6)
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the Property, to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas and other minerals in and tinder 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 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 Grantee's roadway facilities and all related appurtenances.
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, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2025.
(signature page follows)
2.
GRANTOR:
FOG BREAK, LTD., a Texas limited partnership
Name:----1-4—
Title:
ame: STitle: 4r r—
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of
2025 by , in the capacity and for the purposes and consideration recited
therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock, Texas
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
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