CM-2015-846 - 7/31/2015 REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHANDLER
CREEK PARCEL D, L.P., a Texas limited partnership, (referred to in this Contract as "Seller",
whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as
"Purchaser"), upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows:
All of that certain 0.170 acre tract of land, more or less, out of and situated in the
Ephraim Evans Survey, Abstract No. 212 in Williamson County; being more fully
described in Exhibit"A", attached hereto and incorporated herein(Parcel 18)
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit"A"
not otherwise retained by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A", the acquisition of any
improvements on the Property, and any damage to the remaining property of Seller, shall be the
sum of NINE THOUSAND SIX HUNDRED FIFTEEN and 00/100 Dollars ($9,615.00).
Payment of Purchase Price
2.02.The Purchase Price shall be payable in cash at the Closing.
{W0658602.2) 1
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ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obli atm
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.
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
current actual knowledge of Seller:
(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.
The warranties and representations of Seller set out in this Section 4.01, plus the special warranty
of title to be included in the deed to be delivered by Seller to Purchaser, are referred to in this
Contract collectively as the "Express Warranties". Except for the Express Warranties:
(i) Purchaser is not relying upon any warranties, representations or statements of any kind or
nature by or from Seller or any agent, employee or other person operating by, through or under
Seller; and (ii) Purchaser is acquiring the Property "AS IS", "WHERE IS" and "WITH ALL
FAULTS".
4.02. The Property herein is beingconveyed to Purchaser under threat of condemnation.
{W0658602.21 2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before August 31, 2015, 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 described in Exhibit"A",
free 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) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
The deed shall be in the form as shown in Exhibit`B"attached hereto.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and to 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; 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".
(W0658602.21 3
(3) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the closing. If the Closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
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) 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.
(W0658602.2) 4
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$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to 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.
(W0658602.21 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
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
[W0658602.21 6
SELLER:
CHANDLER CREEK PARCEL D, L.P., Address: /=«Sr
a Texas limited partnership ]c.
By: Chandler Creek Company, COSH �7�s� �z�Zb
a Delaware corporation, its general partner
By: / z /
Burke, President
Date: ZZ
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Round Rock,Texas 78664
Its: Qlvl ffibUCIML5
Date:
(W0658602.2) 7
EXHIBIT"A"
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.170 ACRE TRACT OF LAND OUT OF THE
CHANDLER CREEK PARCEL D,L.P.TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.170 ACRE (7,396 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.170 ACRE TRACT BEING A PORTION OF LOT 4, BLOCK A, UNIVERSITY
MEDICAL PLAZA, SECTION 1, FILED ON OCTOBER 7, 2011, AND RECORDED IN
DOCUMENT NO. 2011067442, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.170 ACRE TRACT ALSO BEING A PORTION
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED
TO CHANDLER CREEK PARCEL D, L.P., FILED ON MARCH 23, 2011,AND RECORDED
IN DOCUMENT NO. 2011019082, O.P.R.W.C.T.; SAID 0.170 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with yellow plastic cap stamped "CS LTD" found marking the
northernmost northeast corner of said Lot 4, Block A and the herein described tract, said point also
marking the northerly end of a curving cut-back corner at the intersection of the southerly right-of-way
(R.O.W.) line of University Boulevard (a variable width R.O.W.) and the westerly R.O.W. line of
Cypress Boulevard(a variable width R.O.W.);
THENCE (C-1) In a Southeasterly direction, with the northeasterly line of said Lot 4, 39.28 feet along
the are of a curve to the right, having a radius of 25.00 feet, a central angle of 90° 00' 43", and a chord
bearing and distance of South 66°22' 01"East—35.36 feet to a calculated point for a corner of the herein
described tract and being the end of said curve;
THENCE with the common westerly R.O.W. line of said Cypress Boulevard(Blvd.)and the easterly line
of said Lot 4,the following two(2)calls:
1) (L-1) South 21° 19' 55" East, a distance of 8.40 feet to a calculated point for a corner of the
herein described tract,and being the beginning of a curve to the right;
2) (C-2) In a Southerly direction,25.22 feet along the arc of said curve to the right, having a radius
of 923.18 feet, a central angle of 01' 33' 55"7 and a chord bearing and distance of South 190 48'
29" East — 25.22 feet to a 1/2-inch iron rod with aluminum cap stamped "CORR ROW"
(hereafter referred to as "CORR cap") set for the southernmost southeast corner of the herein
described tract;
THENCE departing the westerly R.O.W. line of said Cypress Blvd., traveling across the interior of said
Lot 4,and with the proposed southerly R.O.W. line of said University Blvd., the following two(2)calls:
l) (L-2) North 65° 48' 33" West, a distance of 35.89 feet to a 1/2-inch iron rod with "CORR cap"
set for a corner of the herein described tract;
Page 1 of 4
Exhibit"A"continued
Description of a 0.170 acre tract
2) South 69°24' 27"West,a distance of 190.98 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 4 and the easterly line of Lot 3,Block A of said University Medical Plaza,Section 1;
THENCE with the common westerly line of said Lot 4 and the easterly line of said Lot 3, the following
three(3)calls:
1) (C-3) In a Northerly direction, 5.15 feet along the arc of a curve to the left, having a radius of
401.93 feet,a central angle of 00'44' 05",and a chord bearing and distance of North 15°42'53"
West—5.15 feet to a calculated point for a corner of the herein described tract and being the point
of compound curvature of a curve to the left;
2) (C-4) In a Northerly direction, 16.18 feet along the arc of said curve to the left, having a radius of
23.35 feet, a central angle of 39°42' 36",and a chord bearing and distance of North 31°01' 37"
West— 15.86 feet to a calculated point for a corner of the herein described tract and being the
point of reverse curvature of a curve to the right;
3) (C-5) In a Northerly direction, 12.74 feet along the arc of said curve to the right,having a radius
of 16.28 feet, a central angle of 44° 49' 28", and a chord bearing and distance of North 290 27'
42" West— 12.41 feet to a calculated point for the northwest corner of the herein described tract
and being the end of said curve, said point being on the southerly R.O.W. line of said University
Blvd., and also marking the common northwest corner of said Lot 4 and the northeast corner of
said Lot 3, and from which a p.k. nail found marking the common northwest corner of Lot 2,
Block A and the northeast corner of Lot 1, Block A, both lots being part of said University
Medical Plaza,Section 1,bears South 69°24' 27"West,at a distance of 337.31 feet;
THENCE North 69° 24' 27"East, with the common southerly R.O.W. line of said University Blvd.and
the northerly line of said Lot 4, a distance of 195.69 feet to the POINT OF BEGINNING of the herein
described tract, delineating and encompassing within the metes recited 0.170 acre (7,396 square feet) of
land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round
Rock,Texas in September 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.
Page 2 of 4
Exhibit"A"continued
Description of a 0.170 acre tract
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-4716 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.
C .O F• TF
s r E 9F-}9
aniel M.Flaherty, R.P.L.S.No. 5004 .DANIEL...:FLAHERTY
The Wallace Group,Inc. qo 5004
/jjO.FESS�U��
One Chisholm Trail, Suite 130
Round Rock,Texas 78681 SUIR
Ph. (512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4716 09-22-2014
22824-FN06.doc Date
Page 3 of 4
EXHIBIT "A' '
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
(33 FOOT WIDE RIGHT-OF-WAY ACQUISITION)
A 0.170 ACRE (7,396 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CURVE TABLE LINE TABLE
CURVE DELTA RADIUS LENGTH CH. BEARING CH. DIST. LINE BEARING DIST.
C-1 90'00'43' 25.00' 39.28' S 6622'01' E 35.36' L-1 S2119'55' E 8.40'
C-2 0133'55' 923.18' 25.22' S 19'48'29'E 25.22' l-2 N 65'48'33' W 35.89'
C-3 00'44'05' 401.93' 5.15' N 15'4253' W 5.15'
C-4 39'4236' 23.35' 16.18' N 31'01'37' W 15.86-
C-5 44'49'28' 16.28' 12.74' 1 N 2927'42' W1 12.41'
SCALE: 1" = 100'
33' WIDE R.O.W. ACQUISITION
0.170 ACRE (7,396 SQ. FT.)
UNIVERSITY BOULEVARD 1/2' IRON ROD WITH FIELD NOTE
EXISTINGYELLOW CAP STAMPED POINT OF
,off
VARIABLE WIDTH R.O.W. "CS LTD" FOUND R.O.W. LINE ) BEGINNING
6924'27' W
337.31' N 692427' E- 195.89'
C-1
LOT 1 LOT 2 LOT 3 C-5
BLOCK A BLOCK A BLOCK A C-4 L-1
C-3—' S 692427' W- 190.98' '
�? LOT 18
33.0' BLOCK B
UNIVERSITY MEDICAL PLAZA SECTION 1 PROPOSED LOT 4 C-2
R.O.W. UNE
DOC. NO. 2011067442 BLOCK A
O.P.R.W.C.T. P3 .t (STORMWATER DRAINAGE EASEMENT) z CHANDLER CREEK MEDICAL PAVILION
FILED: OCTOBER 7, 2011 O~�- CABINET FF, SLIDES 329-331
UNIVERSITY MEDICAL PLAZA, SECTION 1 3 FILED: APRIL 21,2009
DOC. NO. 2011067442 0
�� O �1 FILED:O.POCTOBER 7. 2011 2
G CHANDLERDOC. 22D. LP.
011019M
�g�g o P R w C T CYPRESS BOULEVARD
Q P FILED: MARCH 23, 2011 (VARIABLE WIDTH R.O.W.)
M
I
r
GENERAL NOTES = FOUND MONUMENT
N 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
2.) SUBJECT TO ANY AND ALL COVENANTS. RESTRICTIONS, EASEMENTS AND "CORR ROW"
Q CONDITIONS THAT MAY BE APPLICABLE. At
= CALCULATED POINT
0 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. P•R.W.C.T.= PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
a 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. D.R.W.C.T.= DEED RECORDS, WILLIAMSON COUNTY, TEXAS
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM O.R.W.C.T.= OFFICIAL RECORDS. WILLIAMSON COUNTY, TEXAS
(CENTRAL ZONE, NA083) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.P.R.W.C.T.= OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY. TEXAS
< COOPERATIVE CORS RTK NETWORK.
c
c
The Wallace Group, Inc.
} One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 E OF T
c Engineers ■ Architects ■ Planners ■ Surveyors ,�P ��sTFaFry
TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 .. `N
� DAIVIEL NI�FLAHERTY
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ..............................
o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 9 5004 �Q:
SURVEYS IN THE STATE OF TEXAS. THIS DAY OF SgPTEMRER 2014.
SUri
SURVEYED: 09-19-2014 `--DAN IEL M. HERTY P N0. 5004 4 OF 4
0 100 200 PLAT NO. A-4716 DRAFT 09-22-2014 DRAWN BY OCL
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 197/15 TAB A-4716
0 2014 ALL RIGHTS RESERVED DIGITAL FILE 228248-PARCELS F/N f 22824-FN06
EXHIBIT "B "
Parcel 18
DEED
University Boulevard 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 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 CHANDLER CREEK PARCEL D, L.P., 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, 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, all that certain tract or
parcel of land lying and being situated in the County of Travis, State of Texas, along with any
improvements thereon (said land and improvements being referred to herein as the "Property"),
being more particularly described as follows:
All of that certain 0.170 acre tract of land located in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas; said tract being more particularly
described by metes and bounds in Exhibit "A" attached hereto and incorporated herein
(Parcel 18)
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the property described in said Exhibit
"A" to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, encumbrances for taxes and assessments (other than liens and conveyances), and all
other matters 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.
(W0658603.2)
00338724.DOC
Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,
mining or drilling or pumping the same; provided, however, that operations for exploration or recovery
of any such minerals shall be permissible so long as all surface operations in connection therewith are
located at a point outside the acquired parcel and upon the condition that none of such operations shall
be conducted so near the surface of said land as to interfere with the intended use thereof or in any way
interfere with,jeopardize, or endanger the facilities of the City of Round Rock or the State of 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 University Blvd., but shall not be used or exported from
the Property for any other purpose.
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 the 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 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; provided, however, that this conveyance is
made by Grantor and accepted by the City of Round Rock, Texas subject to the reservations
from and exceptions to conveyance and warranty set out hereinabove and subject to the
disclaimer of warranties set out hereinbelow.
GRANTOR HAS EXECUTED AND DELIVERED THIS DEED AND HAS CONVEYED THE
PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED THIS DEED AND HAS
ACCEPTED THE PROPERTY "AS IS", "WHERE IS", AND "WITH ALL FAULTS" AND
WITHOUT REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR
IMPLIED, WRITTEN OR ORAL, EXCEPT FOR THE WARRANTIES SET OUT IN THIS
DEED AND THE WARRANTIES AND REPRESENTATIONS SET OUT IN SECTION 4.01
OF THE "REAL ESTATE CONTRACT UNIVERSITY BOULEVARD RIGHT OF WAY"
BETWEEN GRANTOR AS "SELLER" AND THE CITY OF ROUND ROCK, TEXAS AS
"PURCHASER" AND RELATING TO THE SALE AND CONVEYANCE OF THE
PROPERTY (COLLECTIVELY, THE "EXPRESS WARRANTIES"). EXCEPT FOR THE
EXPRESS WARRANTIES: (A) GRANTEE IS NOT RELYING ON ANY WRITTEN, ORAL,
IMPLIED OR OTHER REPRESENTATIONS, STATEMENTS OR WARRANTIES BY
GRANTOR OR ANY AGENT OF GRANTOR OR ANY REAL ESTATE BROKER; AND (B)
ALL PREVIOUS WRITTEN, ORAL, IMPLIED OR OTHER STATEMENTS,
REPRESENTATIONS, WARRANTIES OR AGREEMENTS, IF ANY, ARE MERGED
HEREIN.
(W0658603.21 2.
GRANTEE, BY ACCEPTANCE OF THIS DEED, ACKNOWLEDGES THAT: (A) EXCEPT
FOR THE EXPRESS WARRANTIES, GRANTOR HAS NOT MADE, DOES NOT MAKE
AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR
WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT
TO THE PROPERTY AND THE AREA IN WHICH THE PROPERTY IS LOCATED;
(B) GRANTEE HAS INVESTIGATED AND INSPECTED THE PROPERTY; (C) GRANTEE
IS RELYING SOLELY ON THE EXPRESS WARRANTIES AND ITS OWN
INVESTIGATION AND INSPECTION OF THE PROPERTY IN ACQUIRING THE
PROPERTY; (D) BASED SOLELY UPON THE FOREGOING (AND NOT UPON ANY
REPRESENTATIONS OR WARRANTIES BY GRANTOR OR BY ANY PERSON OR
ENTITY ACTING ON BEHALF OF GRANTOR) GRANTEE IS FULLY SATISFIED WITH
THE CONDITION OF THE PROPERTY; AND (E) THE PURCHASE PRICE PAID BY
GRANTEE TO GRANTOR FOR THE PROPERTY HAS BEEN ADJUSTED AND AGREED
UPON BY GRANTEE AND GRANTOR IN PART AS A RESULT OF GRANTEE'S
AGREEING TO PURCHASE THE PROPERTY IN ITS CURRENT CONDITION, AND
SUBJECT TO THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET
FORTH HEREIN.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2015.
GRANTOR:
CHANDLER CREEK PARCEL D, L.P.,
a Texas limited partnership
By: Chandler Creek Company, a Delaware corporation,
its general partner
By:
Brian R. Burke, President
(W0658603.2) 3.
Acknowledgment
State of California
County of
On ,2015, before me, , personally
appeared Brian R. Burke who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
(W0658603.2) 4.
ROUND ROCK City of Round Rock
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Contract for Purchase with Chandler Creek Parcel
D, L.P. for the purchase of right of way necessary for the University
Boulevard Widening Project(Parcel 18).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/31/2015
Dept Director: Steve Sheets
Cost: $9,615.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: 00339106.PDF, 00338885.PDF
Department: Legal Department
Text of Legislative File CM-2015-846
Staff recommends approval.
City of Round Rock Page 1 Printed on 713012015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal Project Name: University Boulevard Widening
Project Mgr/Resource: Don Childs Contractor/Vendor: Chanlder Creek Parcel D,L.P.
Council Action:
ORDINANCE RESOLUTION
Agenda Wording
City Manager Approval
CMA Wording
Consider a resolution authorizing the Mayor to execute a Contract for Purchase with Chandler Creek Parcel D, L.P.for the
purchase of right of way necessary for the University Boulevard Widening Project(Parcel 18).
Attorney Approval
r
Attorney . �_ � Date • Z.�-�,S
Notes/Comments
The purchase price is equal to the City's appraised value for the property to be acquired.
O:\wdox\SCCInts\0199\1451-18\MISC\00339103.XLS Updated 6/3/08