Contract - Ikea Property, Inc. - 7/8/2014 i
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REAL ESTATE CONTRACT
University Boulevard Right of Way
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS REAL ESTATE CONTRACT ("Contract") is made by and between IKEA
PROPERTY, INC., a Delaware 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 agrees to sell and convey, and Purchaser purchases and agrees to
purchase and accept the tract(s)of land described as follows:
All of that certain tract of land containing a total of 0.353 acre,more or less,being
a part of and out of the Ephraim Evans Survey, Abstract No. 212, Williamson
County, Texas, being more fully described by metes and bounds in Exhibit "A",
attached hereto and incorporated herein;
together with all and singular the rights and appurtenances pertaining to the real property
described above, 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 "PToperty"), for the consideration and upon and subject to the terms, provisions,
and conditions set forth below.
ARTICLE II s
PURCHASE PRICE
Purchase Price and Additional Compensation
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2.01. The Purchase Price for the Property described in Exhibit "A" shall be the sum of
ONE HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED FOUR and 00/100
Dollars ($127,704.0.0).
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00304875.DOC €
R-2014-1363
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Additional Compensation
2.01.1. As Additional Compensation for the value of any site improvements, other than
currently existing light standards, within the Property described in Exhibit "A", and which such
site improvements shall be retained by Seller pursuant to the terms of the Deed document
described in Exhibit `B", Purchaser agrees to pay the sum of FIFTY EIGHT THOUSAND NINE
HUNDRED SEVENTY TWO and 00/100 Dollars ($58,972.00).
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Payment of Purchase Price and Additional Consideration
2.02. The Purchase Price and Additional Consideration shall be payable in cash at the
Closing.
ARTICLE III
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PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations_
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
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ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations f
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
Seller's actual knowledge(with no duty to investigate further):
(a) There are no parties in possession of any portion of the Property as lessees, tenants k
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances,regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is beingconveyed to Purchaser under threat of condemnation.
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ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas. American Title Company on or
before July 31, 2014 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").
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, including the reservation
of an easement for the benefit of Seller (the "Deed"), flee and clear of any and all liens and
restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Title exceptions shown on Schedule B of the title commitment issued by
Texas American Title Company on March 4, 2014, under GF No. 9091-14-
1059 (the"Title Commitment'); and
(c) Any exceptions approved by Purchaser in writing.
The Deed shall be in the form as shown in Exhibit `B" attached hereto and incorporated
herein.
(2) Use commercially reasonable efforts to cause to be delivered to Purchaser, at
Purchaser's sole expense, a Texas Owner's Title Policy, issued by Title Company, in Purchaser's
favor in the full amount of the Purchase Price, insuring Purchaser's fee simple in and to the
Property, subject only to those title exceptions listed in Schedule B of the Title Commitment, such
other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions }
contained in the usual form of Texas Owner's Title Policy,provided,however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record",if applicable; and
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(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(3) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing,Purchaser shall:
(1) Pay to Seller the Purchase Price and Additional Compensation..
(2) Execute the Deed to acknowledge Purchaser's acceptance of the
conveyance,reservation and terms contained therein.
(3) Deliver to Seller a letter executed by the Planning& Services Director for
Purchaser in the form attached hereto as Exhibit"C"
Proration
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.
Agricultural roll-back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed,tax certificates,and title curative matters,if any,paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Each party shall pay their own respective attorney's fees; however, Purchaser
agrees to reimburse Seller for its expenses in connection with this transaction in an amount
equal to $5,000.00.
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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)terminate this Contract by
giving Seller written notice thereof and request that the Escrow Deposit, if any, shall be forthwith
returned by the title company to Purchaser.
ARTICLE VII
BREACH BY 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$5,000.00 as liquidated damages
for any failure by Purchaser.
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ARTICLE VIII
MISCELLANEOUS
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Notice
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8.01. Any notice required or permitted to be delivered hereunder shall be'deemed received a
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
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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.
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Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid,illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
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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
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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 t
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 4
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.
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Possession and Use Agreement
8.12 Upon full execution of this contract and Purchaser's delivery of the Purchase Price to
the Title Company, if the Closing is unable to occur because of any outstanding title curative
items then Purchaser, its agents or contractors, shall be allowed to take possession of the Property
solely for the purposes of beginning construction of the proposed widening and improvements to
University Blvd. thereon prior to the final completion of the Closing.
SELLER:
IKEA PROPERTY, INC.,
a Delaware corporation
By: Z eJ r/v
.� Address: q) 41...L_LjoaaIts: PADat :4/z7 i 4 , loz- j
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PURCHASER:
CITY OF ROUND ROCK,TEXAS
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By: / / Address: 221 East Main St.
Its: Round Rock, Texas 78664
Date: 'a--• 4j
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EXHIBIT"A"
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.353 ACRE TRACT OF LAND OUT OF THE
IKEA PROPERTY,INC.TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.353 ACRE (15,386 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY; TEXAS;
SAID 0.353 ACRE TRACT BEING A PORTION OF LOT 1, BLOCK A, EAST CHANDLER
RETAIL CENTER, FILED ON DECEMBER 1, 2005, AND RECORDED IN CABINET BB,
SLIDES 62-65 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
(P.R.W.C.T.); SAID 0.353 ACRE TRACT ALSO BEING A PORTION OF THE REMAINDER
OF THAT CERTAIN CALLED 21.36 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO IKEA PROPERTY, INC., FILED SEPTEMBER 16, 2005, AND
RECORDED IN DOCUMENT NO. 2005073608 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.353 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: j
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COMMENCING at a 1/2-inch iron rod with yellow plastic cap stamped "CS LTD" found marking the
easternmost northeast corner of said Lot 1, same being the northwest corner of Lot 2A,Block A, Replat
of Lot 2 of East Chandler Retail Center,filed on November 2, 2006,and recorded in Cabinet CC, Slides
230-233, P.R.W.C.T., said point also marking the southeast end of a corner clip at the intersection of the
south right-of-way (R.O.W.) line of University Boulevard(a variable width R.O.W.) and the west line of
University Oaks Boulevard;
THENCE (L-1) North 65° 38' 27" West, with the northeast line of said Lot 1, Block A, and with said
corner clip, a distance of 6.47 feet to a 1/2-inch iron rod with aluminum cap stamped "CORR ROW"
(hereafter referred to as "CORR cap") set for the POINT OF BEGINNING and easternmost corner of
the herein described tract;
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THENCE traveling across the interior of said Lot 1, Block A, same being the proposed R.O.W. line of
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said University.Boulevard,the following thirteen(13)calls:
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1) South 69° 17' 30"West,a distance of 215.85 feet to a 1/2-inch iron rod with"CORR cap"set for
a corner of the herein described tract;
2) (L-2)North 20°42' 30"West,a distance of 4.00 feet to a 1/2-inch iron rod with"CORR cap"set i
for a corner of the herein described tract;
3) (L-3) South 69° 17' 30" West, a distance of 30.00 feet to a 1/2-inch iron rod with "CORR cap"
set for a corner of the herein described tract; {
4) (L-4) South 20°42' 30"East, a distance of 2.00 feet to a 1/2-inch iron rod with"CORR cap"set
for a corner of the herein described tract;
5) (L-5) South 69° 17' 30"West, a distance of 79.63 feet to a 1/2-inch iron rod with "CORR cap"
set for a corner of the herein described tract;
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Exhibit"A"continued
Description of a 0.353 acre tract
6) (L-6)North 20°42' 30"West,a distance of 8.00 feet to a 1/2-inch iron rod with"CORR cap"set
for a corner of the herein described tract;
7) (L-7) South 69 17 30 West, a distance of 15.00 feet to a 1/2-inch iron rod with CORR cap"
set for a corner of the herein described tract;
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8) (L-8) South 20°42' 30"East, a distance of 8.00 feet to a 1/2-inch iron rod with"CORR cap"set
for a corner of the herein described tract;
9) (L-9) South 69° 17' 30"West, a distance of 32.23 feet to a 1/2-inch iron rod with "CORR cap"
set for a corner of the herein described tract;
10) (L-10) South 76°20' 55"West,a distance of 81.39 feet to a 1/2-inch iron rod with"CORR cap"
set for a corner of the herein described tract;
11) South 69° 17' 30"West, a distance of 167.66 feet to a 1/2-inch iron rod with"CORR cap"set for j
a corner of the herein described tract,and being the beginning of a curve to the left;
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12) (C-1) In a Westerly direction,42.83 feet along the arc of said curve to the left,having a radius of
45.00 feet,a central angle of 540 31' 50", and a chord bearing and distance of South 42°01' 35"
West—41.23 feet to a 1/2-inch iron rod with"CORR cap"set for the southernmost comer of the
herein described tract and being the end of said curve;
13) (L-11)North 75° 14' 20"West, a distance of 35.66 feet to a 1/2-inch iron rod with"CORK cap"
set for westernmost corner of the herein described tract, same being on the common line of the
northwest line of said Lot 1,Block A and the southeast R.O.W.line of Interstate Highway No.35 r
(a variable width R.O.W.),and from which a TXDOT Type i concrete monument found marking
an angle point on said common line bears South 140 45'40"West,at a distance of 411.19 feet;
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THENCE(L-12)North 14°45' 40"East, with said common line,a distance of 24.76 feet to a calculated
point for the northwest comer of the herein described tract,same being the northwest comer of said Lot 1,
Block A, said point also marking the intersection of the existing south R.O.W. line of said University
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Boulevard and the southeast R.O.W.line of said Interstate Highway No.35;
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THENCE departing the southeast R.O.W.line of said Interstate Highway No. 35, and with the common
existing south R.O.W. line of said University Boulevard and the north line of said Lot 1, Block A, the
following three(3)calls:
1) North 69° 16' 09"East, a distance of 263.67 feet to a 1/2-inch iron rod with orange plastic cap
stamped"WATERLOO RPLS 4324"found for a corner of the herein described tract;.
2) (L-13)North 75°06' 26"East,a distance of 118.62 feet to a 1/2-inch iron rod with orange plastic
cap stamped"WATERLOO RPLS 4324"found for a corner of the herein described tract;
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Exhibit"A"continued
Description of a 0.353 acre tract
3) North 69° 18' 02"East, a distance of 268.83 feet to a calculated point for the northeast comer of
the herein described tract, same being the northeast corner of said Lot 1,Block A,said point also
marking the northwest end of a corner clip at the intersection of the south R.O.W. line of said
University Boulevard and the west line of said University Oaks Boulevard;
THENCE(L-14) South 65° 38' 27"East, with the northeast line of said Lot 1, Block A, and with said
corner clip, a distance of 31.09 feet to the POINT OF BEGINNING of the herein described tract,
delineating and encompassing within the metes recited 0.353 acre (15,386 square feet) of land, more or
less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock,Texas in
February of 2014.
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-4663 attached hereto is true and correct to the best of my knowledge z
and belief and that the property described herein was determined by a survey made on the ground under
my direction and supervision. Y
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WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
0 F.T�
Al elle R �-
CL—za DANIEL.R FLAHERTY
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(D4anielFlaherty,R.P.L.S.No.5004 .<9 5004 P
The Wallace Group,Inc. 9ti0 SU (j One Chisholm Trail,Suite 130
Round Rock,Texas 78681
Ph.(512)248-0065 t
See attached Plat No.A-4663 02-25-2014
22824-FNOl.doc Date }
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EXHIBIT "A' '
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.353 ACRE (15,386 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK. WILLIAMSON COUNTY, TEXAS
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UNIVERSITY BOULEVARD
(VARIABLE WIDTH R.O.W.) SCALE_ 1 = 100
EXISTING VARIABLE WIDTH R.O.W. ACQUISITION
* R.O.W. UNE 0.353 ACRE (14386 SO. FL) EXISTING L 74 FOUND 1/2' IRON ROD
L-12 N 6916'09'E- 263.67 P.O.W. LINE. WITH YELLOW PLASTIC CAP
Gj L-13 _ STAMPED CS LTD'
N 6918'02'E- 268.83' L 1
�� S 69'1730' W- 167.66' L-10
LOT 2E
E ,�� Z�v 5 S 691730' W- 21585' BLOCK A
n
,0 o C-1. PROPOSED
R O.W. LINEL-9 L-8 L-6 L-4 2 PROPOSED
R.O.W. LINE
� �� �• t—7 �3 FIELD NOTE
LOT FIELD NOTE COMMENCING
N $`�
BLOCK I A POINT OF POINT
BEGINNING q
" S. �'► EAST CHANDLER RETAIL CENTER 0
A110 CABINET BB, SLIDES 62-65 LEGEND ° o REPLAT OF LOT 2 OF
E GZ P.R.W.C.T. __ PLASTIC J W ASB CHANET DLER
IDETAzL3o-�
s Y� kgs
FILED: DECEMBER 1, 2005 • STAMPED/WATERLOO RPLROD S 4324!' (UNLESS 00 ERTM WISE NOTED) w FILED: NOVEMBER 2, 2006
■ - FOUND TXDOT CONCRETE MONUMENT(TYPE 1) ,�
IKEA PROPERTY, INC. A= CALCULATED POINT
DOC, NO. 2005073608 O = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
O.P.R.W.C+.T "CORR ROW'
LOT 2H
m FILED: SEPTEMBER 16, 2005 P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS LOT 2A BOCK A
N DJLW.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
0.R.W.C.T.= OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS BLOCK A
OF..Tc� O.P.R.W.CJ. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS 4 OF 5
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WORT
FLAHERTY w The Wallace Group, Ina
< q•^5004•�P r One Chisholm Trail, Shite 130. Round Rock, Texas 78681 (512) 248-0065
9ti�FFS .�o Engineers ■ Architects ■ Planners ■ Surveyors
" SURWaco * Killeen * Dallas * Round Rock
N TBPE F-54
G!/t 0 100 200 PLAT N0. A-4663 DRAFT DATE 02-25-2014 DRAWN BY TAB
oSCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 173/33 TAB .# A4663
y
0 2014 ALL RIGHTS RESERVED DIGITAL FILE 228248-ROW TRACTS F/N # 22824 FN01
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EXHIBIT "A"
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.353 ACRE (15,386 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS
Line Table Curve Table
Line Bearing Length Curve # Length Radius Delta Chord Direction Chord Length
L-1 N 6538'27" W 6.47' C-1 42.83' 45.00' 5431'50' S 42' 01' 35' W 41.23'
L-2 N 20'42'30" W 4.00'
L-3 S 69'17'30" W 30.00'
L-4 S 20 42'30" E 2.00'
L-5 S 6977'30" W 79.63' LEGEND
L-6 N 20 42'30" W 8.00' • = FOUND 1/2' IRON ROD WITH ORANGE PLASTIC CAP.
E STAMPED "WATERLOO RPLS 4324" (UNLESS OTHERWISE NOTED)
L-7 S 6917'30" W 15.00' ■ = FOUND TXDOT CONCRETE MONUMENT(TYPE 1)
i A= CALCULATED POINT
L-8 S 2042'30 E 8.00' O = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
.r "CORR ROW"
N L-9 S 69`17'30" W 32.23' P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
D.R•W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
N L-10 S 7620'55" W 81.39' O.R.W.C.T. = OFFICIAL.RECORDS, WILLIAMSON COUNTY, TEXAS
N O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
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L-11 N 75'14'20" W 35.66'
'^ L-12 N 14'45'40" E 24.76'
GENERAL NOTES
L-13 N 75'06'26" E 118.62' 1•) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE
L-14 S 653827' E 31.09' 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE. NAD83) WHICH IS
BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK.
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The Wallace Group, Inc.
o DANIEL M.FLAHERTY One Chisholm Trail, Suite 130. Round Rock, Texas 78681 (512) 248-0065
....:.............................
Engineers ■ Architects ■ Planners ■ Surveyors
< q 5004 =Q;
N -9••.,O�ESS��`�:�0 Waco * Killeen * Dallas * Round Rock
N �..SURv�� TBPE F-54 PLAT N0. A-4663 DRAFT DATE 02-25-2014 TAB
0 100 200 DRAWN BY
U
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 173/33 TAB # A4663-2
DIGITAL FILE 22824R—ROW TRACTSF/N 22824 FNO1
Z 0 2014 ALL RIGHTS RESERVED
EXHIBIT
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DEED
University Boulevard Right of Way
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
F CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON
NOTICE O ,YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That IKEA PROPERTY, INC., a Delaware 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 the City of Round Rock,
Texas, a Texas, general-law municipal corporation, 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 the CITY OF ROUND
ROCK, TEXAS, hereinafter referred to as Grantee, all that certain tract or parcel of land lying
and being situated in the County of Williamson, State of Texas, being more particularly
described as follows (the "Property"): �
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All of that certain tract of land containing a total of 0.353 acre, more or less, being a
part of and out of the Ephraim Evans Survey, Abstract No. 212, Williamson County,
Texas, being more fully described by metes and bounds in Exhibit"A", attached hereto
and incorporated herein
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
reserving to itself title to its improvements located on the Property, including, without
limitation, the light standards.
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, liens and encumbrances for taxes and assessments and all other encumbrances
10596379v.4
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presently of record in the Official Public Records of Williamson County, Texas, that affect the
Property, but only to the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas and other minerals in and under the Property 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 Ion g* as all surface operations in connection therewith are located at a
point outside the Property 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 Grantee or State of Texas or create a hazard to the public users
thereof.
Grantor also expressly reserves and retains for itself an easement as more particularly described
in Exhibit`B"attached hereto and incorporated herein for all purposes
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 Grantee and its i
assigns forever; and Grantor does hereby bind itself, its successors and assigns to Warrant and
Forever Defend all and singular the Property herein conveyed unto Grantee and its assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof,
by, though or under Grantor, but not otherwise; provided that this conveyance is made by
Grantor and accepted by Grantee subject to all RESERVATIONS from and EXCEPTIONS to
conveyance and warranty provided herein.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the 27 day of
2014.
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GRANTOR:
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IKEA PROPERTY, INC.
By.
Name: --rte VOL, -
Title:
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ACKNOWLEDGMENT
STATE OF PIM/ICSG+UA�+�� §
COUNTY OF ooery §
This instrument was acknowledged before me on this theeday of Ir��
2014 byr6677iV in .the capacity and for the purposes and
consideration recited t erein. RWIV
5otary
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne T. Notary Public Public, tate of
Plymouth Twp.,P-,Montgomery
tgomery County
My Commission Expires May 3,2016
MEMBER
1E1110 1 LVANL4 ASSOCIATION OF NOTARIES
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By:
Name:
Title:
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ACKNOWLEDGMENT
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STATE OF §
COUNTY OF §
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This instrument was acknowledged before me on this the day of
2014 by in the capacity and for the purposes and
consideration recited therein. .
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Notary Public, State of
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PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock,Texas
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
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Exhibit"A"
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10596379v.4 Exhibit"X'—Page 1
Exhibit"B"
Revocable Easement
Grantor, for the benefit of itself and its successors and assigns hereby reserves and retains a
perpetual, nonexclusive, revocable easement (the "Easement") for the sole purpose of locating,
installing, operating, maintaining, repairing, renewing, reconstructing, replacing and removing light
standards, landscaping, vegetation and irrigation lines and equipment and related appurtenances thereto
(the"Grantor's Uses") on, along and across the Property(the"EasementArea").
The Easement is retained for the Grantor's Uses described above only. Without limitation of the
foregoing sentence, and except as related to the Grantor's Uses, this grant does not include the right to
install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or
liquid distribution, or telephone lines.
Grantee shall have, the right to construct, or allow to be constructed, at any and all times, and to
maintain, or allow to be maintained, roadway facilities and related appurtenances, signage, signals,
sidewalks, trails, fiber optic or signal lines and facilities, pipe, telephone, and electric pole and wire
lines, over, under,and across the Easement Area (the "Grantee's Uses"), so long as Grantee's Uses of
the Easement Area do not materially interfere with the Grantor's Uses of the Easement Area or damage
Grantor's improvements in the Easement Area; it being understood that the rights granted to Grantee
hereunder are granted along with the general right of Grantee, its successors and assigns, to use of the
Easement Area for any purpose not inconsistent with the Grantor's Uses of the Easement Area.
Without limitation of the foregoing, the Easement granted herein is subject to the needs and
requirements of Grantee, its successors and assigns, to use the Property for a specific "public purpose"
and "public use" as such terms are defined by Texas statute, the Texas Constitution, or other Texas case
law then in effect (the "Public Right"), which may require removal, alteration or termination of the
Grantor's Uses as set forth herein. Prior to the exercise of Grantee's right to modify, alter or terminate
the Easement due to the existence of a competing Public Right,the following process shall be followed:
(a) Grantee shall notify Grantor in writing as soon as reasonably practicable that Grantee is considering
a project that may require the removal or alteration of Grantor's Uses (the "Notice"); (b) Grantee shall
promptly thereafter consult with Grantor for a period not to exceed 90 days (unless extended by
agreement of Grantor and Grantee)from the date of Grantor's receipt of the Notice and during such 90-
day period (as may be extended) use good faith efforts to explore all commercially and operationally
reasonable design alternatives to avoid or minimize the removal or alteration of the Grantor's Uses; and
(c) if Grantee reasonably determines after such consultation that the Grantor's Uses must be removed or
altered to accommodate Grantee's specific Public Right, then Grantor shall have up to ninety (90) days
following the date on which Grantor receives from Grantee further written notice of such determination, ,
which notice shall specify the extent of the Grantor's Uses and rights to the Easement Area being j
terminated (the "Termination Notice") to cease using the portion of the Easement Area thereof so
required to be removed or altered, provided, however, such modification, alteration or termination of
any of the Grantor's Use of the Easement Area, or portion thereof, is conditioned upon Grantee paying
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10596379v.4 Exhibit`B"—Page 1
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Grantor for the reasonable fair market value associated with the removal, replacement and relocation of
the light standards which exist on the Easement Area on the date Grantor receives the Termination
Notice. All rights or other provisions or obligations reserved by Grantor with respect to the Easement
shall remain and continue to the extent not terminated by the Termination Notice and apply to the
Grantor's Uses as relocated or altered.
Grantee shall construct, maintain and repair the Grantee's Uses in good condition and repair so
that no damage will result from its use to the adjacent land of Grantor,_its successors and assigns.
Grantor shall also construct, maintain and repair the Grantor's Uses in such manner not to cause any
material interference with Grantee's adjacent roadway facilities and appurtenances or operations, or the
facilities or access rights of utility companies or other occupants of the Easement Area.
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Exhibit'B"—Page 2
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EEX7HIBOT
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ROUND D R®CK, rEXAS May l6,2014
PURPOSE. PASSION. PROSPERITY.
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Justin Henry j
IKEA Property
420 Alan Wood Road !
Conshohocken,PA 19428
RE: 4001 N.IH 35:HCEA—Alternative Compliance Landscape Plan Approval
Mr.Henry:
This letter is written in regards to the required landscaping at the aforementioned site in Round j
Rock, Texas. Section 46-195, Code of Ordinances, includes certain landscaping requirements for
commercial development sites. The IKEA landscape plan was approved on February 9, 2006, as
part of the HCEA site development permit. Subsequently, landscaping was installed in accordance
with this plan and verified by the City through the inspection process.
As you are aware,the City is in the process of expanding University Blvd adjacent to IICEA in an
effort to accommodate increasing traffic. Unfortunately, the existing street tight-of-way does not
provide all of-the land area needed to expand this roadway. Therefore, additional right-of-way is
nceded from the IKEA site. Specifically,this area is defined as a 0.353-acre tract of land described
via metes and bounds(please see attached).
The aforementioned 0.353-acre tract includes requited landscaping that was installed in accordance
with the approved plan. Nevertheless, the City is authorized tinder Section 46-195 (1), Code of 1
Ordinances, to grant deviations from the standard landscape requirements through the Alter-native
Compliance process. Alternative compliance may be granted "where there is an unusual site ;
encumbrance.". The acquisition of right-of-way subsequent to site development and landscape
planning has created a site encumbrance on the IKEA site. As a result, as the Zoning
Administrator for the City of Round Rock, I hereby APPROVE an alternative landscape plan for
the subject site. This approval provides for the removal of all landscaping and irrigation on the
0.353-acre tract. If the City determines that replacement landscaping is desirable for the 0.353 acre
tract,the cost of same will be the sole responsibility of the City. F
Mayor
Alan McGraw In addition,I hereby confirm that the remainder of the IKEA properly originally described as Lot 1,
MnyorPro-Tem Block A, East Chandler Retail Center, filed on December 1, 2005 and recorded in Cabinet BB,
Kris Whitfield slides 62-65 of the plat records of Williamson County,Texas,is considered a legal lot upon the sale
of the subject 0.353-acre tract to the City of Round Rock for the expansion of University Blvd.
Councilmembers R.O.W.
Craig Morgan
George White
Joe Clifford Sincerely,
Will Peckham
John Morvan ��d�%J!l"GV.lo✓`or�1
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City Manager Brad Wiseman,AICP
Steve Norwood planning&Development Services Director
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City Attorney
Stephan L.Sheets
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10513656v.2 ? I
CITY OF ROUND ROCK PLANNING AND DEVELOPMENT SERVICES,301 W.Bagdad 4 Round Rock,Texas 78664 1
Planning 512.218.5428•Development Services 512.218.7043 G Code Enforcement 5123413329 • www.roundi•ocictexas.gov
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Ma 16 2014
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cc: Steve Sheets,City Attorney
John Dean,Assistant Transportation Director
Aneil Naik,Development Services Manager
David Bost, Senior Planner '
File
Enclosures: Metes and Bounds Description(0.353-acre tract)
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