CM-08-03-056DATE: March 3, 2008
SUBJECT: City Manager - March 7, 2008
ITEM: Consider executing a Bill of Sale/Assignment document to
complete purchase of 231 Main Street property.
Department: Legal
Staff Person: Don Childs
Justification:
Funding:
Cost: N/A
Source of funds:
Outside Resources:
Background Information:
Public Comment: N/A
00134047
Blue Sheet Format
Updated 01/20/04
BLANKET CONVEYANCE, BILL OF SALE AND ASSIGNMENT
231 Main Street
Concurrently with the execution and delivery of this Blanket Conveyance, Bill of Sale and
Assignment (this "Bill of Sale and Assignment"), CHRISTIAN NOEL MARSH ("Assignor") is
conveying to the CITY OF ROUND ROCK ("Assignee") by Special Warranty Deed (the "Deed"),
that certain tract of land lying and being situated in Williamson County, Texas, being more
particularly described on Exhibit A attached hereto and made a part hereof for all purposes, together
with any and all improvements located thereon (collectively, the "Property").
It is the desire of Assignor to hereby grant, sell, assign, transfer, convey and deliver to
Assignee all of Assignor's rights, title and interests in and to all items of personal property, both
tangible and intangible, affixed or attached to, or placed or situated upon, or used or acquired in any
way whatsoever in connection with the complete and comfortable use, enjoyment, occupancy or
operation of the Property (all of such properties and assets being collectively called the "Assigned
Properties").
NOW, THEREFORE, in consideration of the receipt of Ten Dollars ($10.00) and other
good and valuable consideration in hand paid by Assignee to Assignor, the receipt and sufficiency
of which are hereby acknowledged and confessed by Assignor, Assignor does hereby GRANT,
SELL, ASSIGN, TRANSFER, CONVEY and DELIVER to Assignee, its successors and assigns,
subject to the Permitted Exceptions (as defined and set forth in the Deed with respect to the
Property), to the extent they affect the Property, all of the Assigned Properties, including, without
limitation of the generality of the foregoing, the following:
1. Personal Property. All of Assignor's right, title and interest in all equipment,
fixtures and other personal property of whatever kind or character, if any, owned by Assignor and
attached to or installed, located or used in, on or about or in connection with the Property, all of
which are referred to herein as the "Personal Property".
2. Plans. All of Assignor's right, title and interest, if any, in all site plans, land,
vegetation and species surveys, soil and substrata studies, architectural renderings, plans and
specifications, engineering plans and studies, floor plans, landscape plans and other plans,
diagrams or studies of any kind, if any, now or hereafter in Assignor's or its agents' possession or
control which relate to the Property, all of which are referred to herein as the "Plans".
3. Leases and Contract Rights. All of Assignor's right, title and interest, if any, in
all warranties and guaranties, if any, and Assignor's right, title and interest in any and all leases
affecting all or any part of the Property and all service, management and other contracts, if any,
relating to the Property or the Personal Property, all of which are referred to herein as the
"Contracts."
4. Permits and Approvals. All of Assignor's right, title and interest in all permits,
approvals, licenses, certificates of occupancy and authorizations of any kind, if any, related to the
ownership, maintenance, use or operation of the Property, including, but not limited to, (i) all
approvals, authorizations and exemptions by the City of Round Rock and any other governmental
authorities with respect to the Property; and (ii) all permits, licenses, certificates of occupancy,
approvals and authorizations relating to the construction of any improvements on the Property, all
of which are referred to herein as the "Permits and Approvals".
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5. Other Property. All other rights, privileges and appurtenances owned by Assignor
and in any way related to the Property, and such other rights, interests and properties as may be
sold, transferred, assigned or conveyed by Assignee to Assignor.
TO HAVE AND TO HOLD the Assigned Properties unto Assignee, its successors, and
assigns, forever, and Assignor does hereby bind himself, his successors, and assigns, to
WARRANT and FOREVER DEFEND, all and singular, title to the Assigned Properties unto
Assignee, its successors, and assigns, against every person whomsoever lawfully claiming or to
claim the same, or any part thereof, by, through or under Assignor, but not otherwise.
Assignor hereby agrees to perform, execute, and/or deliver or cause to be performed,
executed, and/or delivered any and all such further acts and assurances as Assignee may reasonably
require to perfect Assignee's interest in the Assigned Properties.
Assignee hereby assumes and agrees to perform and discharge any liabilities and
obligations accruing from and after the date hereof under the Leases and Contracts.
All of the covenants, terms and conditions set forth herein shall be binding upon and shall
inure to the benefit of the parties hereto and their respective successors and assigns.
This Bill of Sale and Assignment may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
Simultaneously with the execution and delivery of this Bill of Sale and Assignment,
Assignor has executed and delivered to Assignee the Deed and the specific conveyances described
in the recitals hereof. Nothing herein contained shall be deemed to limit or restrict the properties,
assets, and rights conveyed, assigned, or transferred to or acquired by Assignee pursuant thereto.
[Signature Page Follows]
[Signature Page to Blanket Conveyance, Bill of Sale and Assignment]
IN WITNESS WHEREOF, Assignor and Assignee have used this Bill of Sale and
Assignment to be executed effective as of the ,9, day of, L , 2008.
ASSIGNOR:
Christian Marsh 1
ASSIGNEE:
CITY OF ROUND ROCK
Bv:
R. Nuse, City Manager
WILLIAMSON COUNTY, TEXAS
WILEY HARRIS SURVEY, ABSTRACT NO. 298
0.278 ACRES (12,150 SQUARE FEET)
BOUNDARY DESCRIPTION
Page 1 of 4
DESCRIPTION OF A 0.279 ACRE (12,150 SQUARE FOOT), TRACT OF LAND SITUATED IN
THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS,
BEING ALL OF LOTS SEVENTEEN (17), EIGHTEEN (18) AND NINETEEN (19). BLOCK "10"
CITY OF ROUND ROCK, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET
A, SLIDES 190-191 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS,
TOGETHER WITH THE NORTHERLY ONE-HALF (10 FEET) OF THE ADJACENT ALLEY
VACATED BY THE CITY OF ROUND ROCK CITY COUNCIL IN ORDINANCE NO. 2307,
DATED NOVEMBER 12, 1987 AND RECORDED IN VOLUME 2077, PAGE 2986 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.279 ACRE (12,150
SQUARE FOOT), TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a found 1/2" iron rod at the intersection of the existing
westerly right-of-way line of Lampasas Street (80 foot right-of-way width), and the existing
northerly right-of-way line of Bagdad Avenue (80 foot right-of-way width), being the
southeasterly corner of Lot 1, Block "9" of said City of Round Rock;
THENCE, departing said Block "9", crossing said existing right-of-way of Lampasas Street, and
continuing with said existing northerly right-of-way line of Bagdad Avenue and the southerly
boundary line of said Block "10", N 70°37'46" E for a distance of 350.16 feet to a calculated
point at the intersection of said existing northerly right-of-way line of Bagdad Avenue with the
existing westerly right-of-way line of Sheppard Street (80 foot right-of-way width), being the
southeasterly corner of Lot 1, Block "10" of said City of Round Rock;
THENCE, departing said existing northerly right-of-way line of Bagdad Avenue, with in part, the
easterly boundary line of said Lot 1, Block "10", and in part, the easterly boundary line of said
vacated alley, same being said existing westerly right-of-way line of Sheppard Street,
N 19°20'21" W, passing at a distance -of 134.66 feet, a found P.K. nail in brick, and continuing
for a total distance of 135.00 feet to a set P.K. nail in brick in the centerline of said vacated alley,
being the southeasterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE, departing said existing westerly right-of-way line of Sheppard Street, with the
centerline of said vacated alley, S 70°37'46" W for a distance of 90.00 feet to a set P.K.
nail in brick, being the southwesterly corner of the herein described tract;
2) THENCE, through the interior of said vacated alley, passing at a distance of 10.00 feet,
the calculated southwesterly corner of said Lot 17, same being the southeasterly corner
of Lot 16 of said Block "10", and continuing with the common boundary line of said Lot
17 and said Lot 16, N 19°20'21" W for a distance of 135.00 feet to a set P.K. nail in
concrete in the existing southerly right-of-way line of Main Street (100 foot right-of-way
width), being the northwesterly corner of said Lot 17 and the northeasterly corner of said
Lot 16, and being the northwesterly corner of the herein described tract;
Page 2 of 4
3) THENCE, with the northerly boundary line of said Lots 17, 18 and 19, same being said
existing southerly right-of-way line of Main Street, N 70°37'46" E for a distance of 90.00
feet to a calculated point at a building corner, being the northeasterly corner of said Lot
19 and the northeasterly corner of the herein described tract;
4) THENCE, with in part, the easterly boundary line of said Lot 19, and in part, the easterly
boundary line of said vacated alley, S 19°20'21" E, passing at a distance of 125.00 feet
the calculated southeast corner of said Lot 19, and continuing for a total distance of
135.00 feet to the POINT OF BEGINNING, containing 0.279 acres (12,150 square feet)
of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That I, Travis Horn, 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 direction and
supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Travis Horn
Registered Professional Land Surveyor No. 5705
Inland Geodetics, L.P.
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
Date
LEGAL DESCRIPTION: 0.279 ACRES (12,150 SQUARE FEET) OF LAND- MORE OR LESS, BEING ALL OF LOTS SEVENTEEN
(17), EIGHTEEN (18), AND NINETEEN (19), BLOCK "10", CITY OF ROUND ROCK, A SUBDIVISION
IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A,
SLIDES 190-191 OF THE PLAT RECORDS OF WILUAMSON COUNTY, TEXAS, TOGETHER WITH THE
NORTHERLY ONE—HALF (10 FEET) OF THE ADJACENT ALLEY VACATED BY THE ROUND ROCK CITY
COUNCIL IN ORDINANCE NO. 2307, DATED NOVEMBER 12, 1987, AND RECORDED IN VOLUME 2077,
PAGE 296 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS.
REFERENCE:
CONC. cups MAW STREET (100' R.O. W)
STOP SIGN
PLANTER
PLANTERS
PLANTER
LANT
TREE WELL
(TYPICAL?
CITY OF ROUND RICK
LOTS 13-16, BLOCK 10'
VOL. 782, PG. 9p2
D.R.W.C.T. (III
15
130.00
CONC.
01
BLDG. CORNER 1
SLOG. CORNER ON PROPERTY CORtIER
4.4' PROPERTY UNE
¢.279 ACRE
12,150 SQUARE FEET
WILEY (HARRIS SOVEY
ABSTRACT NO. 1298
C ISTIAN NOEL MARSH
LATS 17-19, BLOCK '10'
NOL. 2242, PG. 5171
1 a.R.W.C.T. I1
17 I 18 j 19
BLOCK "10
231 1ST MAIN STJEET
2 -STORY
TONE 8 MASONRY
OFFICE BUILDBJ
CONC. STEPS
tg
C4
10
CIg
Co
Vgy
CITY OF ROUND ROCK
CAB. A, SLD. 190-191
P.R.W.d.T.
ii SACK
ROCK DIET. wALL
VACATED AL IEY PLANTER
CITY ORDINANCE N( : 2307
VOL 20f7lrr n6. O.R.W.C.T
r0L004. CORNER ON
PROPERTY LINE
DNC
BLOCK "10"
6
5 I 4
I
.5
4
w !?l
CsO.ao. I 130.00'1
100.00').11 coot. 4.4
9600.
al link,
3 L salt
CITY 1>F ROUND ROCK( FLAGPOLE.
LOTS 1,-5, BLOCK i0'
VOL.11289, PG. 913 1
SOUTHEAST COR0ER orOR.W.C.T.
1.4
LOT tiBL0C0's- �PDINT OF REFERENCE)
Df 0011ND ROCK
N 70.37'46' E 350.16'
1350.00'1
BAGDAD AVENUE (100' R.O. W.)
PR.W.C.T.
NOTES:
STONE PLANTER
:ONC.STEPS
15
4,
S
0
IS
30
SCALE I' 30'
LEGEND
•
A
8
•
••
0
D.K.W.C.T.
OR.W.C.T.
0.PR.W.C.T.
PR.W.C.T.
V2' IRON ROD FOUND
P.K. NAL FOUND
PX. NAIL SET
LORE PEDESTAL
WATER VALE
WATER METER
2' X 12' DROP INLET
FIRE HYDRANT
HANDICAPPED PARKING
PROPERTY UNE
DEED RECORDS
WLLIAMSOH COUNTY. TEXAS
0FF101AL RECORDS
WILUAMSON COUNTY. TEXAS
OFFICIAL PUBLE RECORDS
W0.LIAMSON COUNTY. TEXAS
PLAT RECORDS
04.L1AM50N COUNTY, TEXAS
'OINT OF BEGINNING)
t
1) THE EASEMENTS SHOWN OR NOTED AND ADORESSED ON THIS SURVEY ARE THOSE LISTED ON SCHEDULE B OF THE TITLE COMMITMENT ISSUED BY TITLE
RESOURCES GUARANTY COMPANY. OF N0. 9691-07-1072. EFFECTIVE DATE: SEPTEMBER 21. 2007,
2) EASEMENTS ARE RESERVED FOR ANY AND ALL EXISTING UTILITIES WITH THE RIGHT OF INGRESS ANO EGRESS THEREON FOR OPERATING. ENLARGING,
REPAIRING, MAINTAINING, REBUILDING. REPLACING. RELOCATING AND REMOVING ANY EXISTING PUBLIC UTILITIES, AND THERE IS ALSO RESERVED THE RIGHT OF
PEDISTRIAN ACCESS TO THOSE PORTIONS OF THE ABANDONED ALLEY WHICH ARE FREE FROM BUILDINGS OR STRUCTUTES AT THE DATE OF THAT CERTAIN
ORDINANCE 140 2307 8Y THE CITY OF ROUND ROCK TO ABANDON ALLEY DATED NOVEMBER 12, 1987 AND RECORDED IN VOLUME 2077, PAGE 296 OF THE
OFFICIAL RECORDS OF,WILLIAMSON COUNTY, TEXAS.
3) THIS TRACT IS SUBJECT TO ALL TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN LEASE AGREEMENT DATED JUNE 10, 1992, BY AND BETWEEN THE
MAIN STREET TRUST, AS LANDLORD. AND HALBERT AND PERRIN, P.C.. AS TENANT WHICH IS EVIDENCED AND AFFECTED BY THAT CERTAIN ASSIGNMENT OF
LEASE AGREEMENT RECORDED IN VOLUME 2242. PAGE 374 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS.
16) THIS TRACT LIES WHOLLY WITH ZONE X, WHITE (AREAS DETERMINED TO BE OUTSIDE THE 500 YEAR FLOOD PLAIN), AS DERIVED FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP NUMBER 48491003300 FOR WILLIAMSON COUNTY, TEXAS. EFFECTIVE DATE: JANUARY 3,
1997.
17) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARINGS. ALL DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON
THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83, CENTRAL ZONE USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00011.
STATE OF ?VAS
COUNTY OF WILLIAMSON
The undersigned does hereby certify that this plot is true
and that the property shown hereon was determined by o
supervision, and that there are no discrepancies, conflicts,
to hove access to and . from a dedicated roadway.
TO THE OWNERS OF THE PROPERTY SURVEYED :
and correct to the best of my knowledge and belief
survey made on the ground under my direction and
or shortage in area, and that sold property oppeors
USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY OTHER PARTIES
SHALL BE AT THEIR RISK AND UNDERSIGNED IS NOT RESPONSIBLE TO
OTHERS FOR ANY LOSS RESUL77NG 7NEREFROM
W/TNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
to -18— °"--7
Travis Horn
Dote
Registered Professional Lond Surveyor No. 5705
PAGE 4 OF 5
INLArJE
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 79681
0414. (512) 238-1200, FM (512) 238-1251