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Contract - North Mays, Ltd. - 10/8/2015 REAL ESTATE CONTRACT 500 North Mays Street This Real Estate Contract ("Contract") is entered into between NORTH MAYS, LTD. ("Seller"), and the CITY OF ROUND ROCK, a Texas home-rule municipal corporation ("Buyer") upon the terms and conditions set forth as follows: 1. Purchase and Sale of Property 1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, all of that certain 1.286 acre tract of land located in Williamson County, Texas, being more particularly described as Lot 1, Block A, Riverwalk Subdivision, a Replat of the East 150 feet of Block 15 and 16, Anderson Addition to the City of Round Rock, Williamson County, Texas, according to the Map or Plat thereof recorded in Cabinet DD, Slides 850-86, Plat Records of Williamson County, Texas, and as shown in the exhibit attached hereto and incorporated herein as Exhibit A. 1.02 This sale and purchase includes all rights and appurtenances pertaining to the Property, including any right, title, or interest of Seller in adjacent streets, alleys, or rights-of- way, together with any improvements, fixtures, and personal property situated on and attached to the Property. 1.03 The real property described above, and any rights or appurtenances are referred to in this Contract as the "Property." 2. Sales Price 2.01 Amount of Sales Price. The sales price for the Property shall be the sum of EIGHT HUNDRED SIXTY FOUR THOUSAND and NO/100 DOLLARS ($864,000.00) ("Sales Price"). 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in cash at the closing. 3. Buyers Obligations 3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Buyer at or before the closing). 3.02 Preliminary Title Report. Within 15 days of the execution of this Contract, Buyer, at Buyer's expense, will obtain from the Title Company a preliminary title report ("Title Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. (A) Buyer will give Seller written notice on or before the expiration of 10 days after Buyer receives the Title Report that the condition of title as set forth in the Title Report is or is not satisfactory. 00343311.DOCX -� -2nEG -�921F5 (B) In the event that Buyer states that the condition is not satisfactory, Seller will promptly undertake to assist Buyer to eliminate or modify all unacceptable matters to the reasonable satisfaction of Buyer, at Buyer's sole expense. In the event the Seller is unable to so within 10 days after receipt of written notice, this Contract may be terminated at the election of Buyer and the Escrow Deposit will be returned by the Title Company to Buyer. Otherwise, this condition will be deemed acceptable and any objection by the Buyer will be deemed waived. 3.03 Survey. Within 20 days from the date of this Contract, Buyer, at Buyer's expense, may, at its option, obtain a current plat or survey of the Property, prepared by a licensed Texas land surveyor selected by Seller. 3.04 Seller's Full Compliance. Seller will have complied with all of the covenants, agreements, and conditions required by this Contract by the closing date. 4. Representations and Warranties of Seller Seller represents and warrants to Buyer, as of the Closing Date, as follows: 4.01 There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. 4.02 Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it. 4.03 Seller is not aware of any material physical defects to the Property. 4.04 Other than the information obtained from the reports described in 4.07 below, Seller is not aware of any environmental hazards or conditions that affect the Property. 4.05 Other than the information obtained from the reports described in 4.07 below, Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers. 4.06 Other than the information obtained from the reports described in 4.07 below, Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. 4.07 Seller has provided Buyer with the following environmental reports on the Property: (1) UST Closure Report prepared by TMS Environmental Austin, LLC dated November 17, 1995; (2) Underground Storage Tank Closure Report prepared by TMS Environmental Austin, dated December 14, 2005; and (3) Asbestos Abatement "Closeout Report" prepared by Burcham Environmental Services, LLC, dated December 21, 2005. 2 The foregoing reports are the. only reports that Seller is aware of regarding environmental conditions, the storage or disposal of hazardous materials, underground tanks, or pollutants or contaminants of any nature that have existed on the Property. 5. Closing 5.01 Date and Location. The closing will be held at the office of Capital Title Company ("Title Company"), on or before October 31, 2015 ("Closing Date"), or at a time, date, and place agreed on by Seller and Buyer, or within 10 days after the completion of any title curative matters if necessary for items shown on the Title Report or in the Contract. 5.02 Sellers Responsibilities at Closing. At the closing Seller will: (A) Deliver to Buyer a properly executed and acknowledged Deed (the "Deed") conveying marketable title in fee simple to all of the Property, free of all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) Any exceptions approved by Buyer in accordance with Section 3 of this Contract; (ii) Any exceptions approved by Buyer in writing; and (iii) Currently existing easements, covenants, conditions and restrictions of record affecting the Property. The Deed shall be in the form as shown in Exhibit B attached hereto and incorporated herein (B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's fee simple title to the Property subject to the title exceptions listed in herein, to any other exceptions approved in writing by Buyer, and to those standard printed exceptions contained in the usual form of Texas Owner's Title Policy, with the following exceptions: (i) The boundary and survey exceptions will be deleted; (ii) The exception as to restrictive covenants will be endorsed"None of Record", if applicable; and (iii) The exception as to the lien for taxes will be limited to the year of closing and will be endorsed "Not Yet Due and Payable". (C) Deliver to Buyer possession of the Property. 5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales Price. 5.04 Prorations. General real estate taxes for the current year relating to the Property, interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be prorated as of the Closing Date and will be adjusted in cash at the Closing. If the Closing occurs before the tax rate has been fixed for the current year, the apportionment of taxes will be on the 3 basis of the tax rate for the preceding year applied to the latest assessed valuation. All special taxes or assessments to the Closing Date will be paid by Seller, if any. 5.05 Apportionment of Costs. All costs and expenses of closing in consummating the sale and purchase of the Property will be paid as follows: (A) Owner's Title Policy paid by Buyer. (B) Survey paid by Buyer. (C) Deed, tax certificates, and title curative matters, if any, paid by Buyer. (D) All other closing costs to be paid by Buyer. (E) Attorney's fees paid by each respectively. 6. Escrow Deposit 6.01 Purpose and Amount. For the purpose of securing the performance of Buyer under the terms of this Contract, Buyer has delivered to an authorized escrow agent of the Title Company, the sure of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) ("Escrow Deposit"), which will be paid by the Title Company to Seller in the event Buyer breaches this Contract as provided in Section 8 of this Contract. 6.02 Instructions at Closing. At the closing, the Escrow Deposit will be paid over to Seller and applied to the sales price, provided however, that in the event the Buyer has given written notice to the Title Company that one or more of the conditions to its obligations set forth in Section 3 of this Contract have not been met, or, in the opinion of Buyer, cannot be satisfied, as provided for in Section 3 of this Contract, then the Escrow Deposit will be immediately returned by the Title Company to Buyer. 6.03. Feasibility Period. Buyer may terminate this Contract for any reason within 21 days after- the Effective Date (feasibility period) by providing Seller written notice of termination. If Buyer terminates the Contract pursuant to this Section, the Escrow Deposit shall be returned by Buyer, less $500 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. 6.04 Inspections. During the feasibility period, or upon separate written authorization from Seller prior to the feasibility period, Buyer at its sole expense may complete or cause to be completed any and all inspections, studies, or assessments of the Property desired by Buyer. Buyer shall restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. To the extent allowed by law, Buyer will indemnify, hold harmless and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this Contract. 4 7. Breach by Seller 7.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely perforin any of its obligations under this Contract or fails to consummate the sale of the Property for any reason (except for Buyer's default), Buyer will have the right to: (A) Enforce specific performance of this Contract; or (B) Request that the Escrow Deposit will be returned by the Title Company to Buyer. 8. Breach by Buyer 8.01 Seller's Rights in the Event of Breach by Bum In the event Buyer fails to consummate the purchase of the Property, and if Seller is not in default under this Contract, Seller will have the right to retrieve the Escrow Deposit from the Title Company. 8.02 Liquidated Damages. If the Seller exercises its right to receive the Escrow Deposit in the event of breach by Buyer, Seller agrees to accept this cash payment as total damages and as Seller's only remedy under this Contract in the event of Buyer's default. 9. Miscellaneous Provisions 9.01 Assignment. This Contract is not assignable without the express written consent of Seller. 9.02 Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated by this Contract, will survive the closing. 9.03 Notice. 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 Buyer, as the case may be, at the address set forth in the signature block below. 9.04 Texas Law to Apply. 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. 9.05 Parties Bound. 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. 9.06 Legal Construction. In case any one or more of the provisions contained in this Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed. 5 9.07 Prior Contracts Superseded. 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 of this Contract. 9.08 Time of Essence. Time is of the essence in this Contract. 9.09 Memorandum of Contract. Upon the request of either party, both parties will promptly execute a memorandum of this Contract suitable for filing of record. 9.10 Compliance. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title insurance, or Buyer should have the abstract covering the Property examined by an attorney of Buyer's own selection. 9.11 Effective Date. 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. 9.12 Signature Warranty Clause. The signatories to this contract represent and warrant that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively. 9.13 Real Estate Brokers. Buyer and Seller represent and warrant to each other that neither party has contracted with any real estate brokers on this transaction. The parties are signing this Contract on the dates indicated. SELLER NORTH MAYS, LTD. By: TXRR, LLC, its Gen ral Partner By: John S. ery, Jr., its Vice Pres' pent N Address: I SOS S - —o�`^''� 4, -7$-1014 6 BUYER CITY OF ROUND ROCK,TEXAS 221 E. Main Street Round Rock TX 78664 By. 0 4, — Alan McGraw, Mayor Date: Attest: For Ci pproved4torm: tA, L J�) .:V Sara White, City Clerk Steph n L. Sheets, City Attorney 7 ( - EXHIBIT "All PHOTOGRAPHIC MYLAR FINAL PLAT OF LOCATION MAP RIVERWALK SUBDIVISION A REPEAT OF THE EAST 150 FEET OF SUN56S 6PJgt� fxN1N5.. BLOCK 15 AND 16, ANDERSON A00ITION E. N.T.S. TO THE CITY OF ROUND ROCK, SUBJECT EaBON PVS WILLIAMSON COUNTY, TEXAS TRACT Cil. y O� t Z YL 100 r s .m1 y 6CLLE 1'=106 m LEGEND vnulAMson coum.TEX/S !12-IR ON ROD WITH CAP SEF LABELED A OYMER NORTH MAYS,LTO. BAKER-AICKLEN&ASSOC.INC.' MR.JOH N AVERY JR..PROJECTMNIAGER 0 CALCULATED POIM 1508 S.LAMAA BLVD. O IRON ROD WITH CAP FOUND METES AND BOUNDS DESCRIPTION AUSTIN.TX 18704 AS NOTED HEREON 512-637-6M I(FAX)512-N5-7064 12•IRON ROD FOUND FOR A 1.285 ACRE TRACT OF LAID OUT OF THE-1. HARRIS SURVEY,ABSTRACT Nn M. I ® 'x IN CONLRETEFW.vD YALLIAMSONCOUNTY,TEXAS.ALSO DESCRIBEDAS THEEAST IWFEETOF BLOCKS15AN016. ACREAGE 1.286 ACRES:ONE Cl LOT ANDERSON ADDITION TO THE CITY OF ROUND ROCK AN UNRECORDED SUBDIVISION,ASSHOW N ON ( ) RECORD PER DOC.No.2006059863 THE MAPRECORDEDtN CABINET A SLIDE 35OF THE PLAT RECORDS OF WILUAN50N COUNTY.TEXAS. PATENTSURVEY:WILEY HARRIS SURVEY,ABSTRACT NO.298 � BENCHMARK BEING ALL OF A CALLED 2314 ACRE TRACT.DESCRIBE IN A DEED TO WILLIAM FREDERICK AND NICE NUMBER OF BLOCKS:ONE MAE ADAM$-AS RECORDED IN VOLUME 598.PAGE 6G4 OF THE DEED RECORDS.SAVE NN EXCEPT 0.131 ACRE TRACT DESCRIBED IN A DEED TO THE STATE Of TEXAS AS RECORDED IN VOLUME 280. NUMBER OF LOTS:ONE PAGE 372 OF THE DEED RECORDS OF WILLIAM SON COUNTY,TEXAS,SAID 1.206 ACRE TRACT BEING LINEAR FEET OF NEW STREETS:NONE MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: DATE:PLANNING 8 ZONING COMMISSION.FEBRUARY 7,2007 BEGINNING ATAN IRON ROD WITH CAP FOUND,LABELED'SNS'.W THE WEST.RIGHTAFMAY LINE OF NORTH MAYS STREET(RIGHT-OF-WAY WIDTH VARIES),FOR THE NORTHWEST CORNER OFSAO 0.131 DATE:SUBMITTAL,JANUMY10.2W7 ACRETRACT,BEING ALSO THE NORTH LINE OF SAID BLOCKI6,13EINGALSOTH'c SOMI LI NE OF BIG SURVEYOR:BAKER-NCKLEN 3AS:AC..INC. OAKADDITIONTO ROUND ROCK TEXAS,RECORDED IN CABINET A SLIDES 21-22 Of THE PLAT RECORDS OF WILLIAMSON COUNTY.TEXAS: ENGINEER:BAKER-ACKLEN d ASSOC..INC. BENCHIAAAK •SpUARE'CVT FOUND AT THE SOUTHEAST CORNEROF THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF NO RTHMAYSSTREET,BEINGALSOINPARTTHE BRIDGE WALL AT THE SOUTHWEST CORNER OF THE WEST LINE OF SAID 0.131 ACRE TRACT.THE FOLLbA1NG THREE(])COURSES: BRIDGE OVER BRUSHY CREEK ON NORTH MAYS STREET. 1.S24 26'N'E FOR A DISTANCE OF 2239 FEET TOA 121NCH IRON WITH CAP FOUND MARKED•SNS' I ELEV=71126 FORACORNERPOIM; 8 12 25'E FORA DISTANCE OF 267.84 FEET TO M'%'FOUND IN A CONCRETE WAU(FOR THE SOUTH CORNER OF SAD 0.171 ACRE TRACT;AND 3.S21'29'4U-EFORADISTMCEOF124.59FEETTOMR2 ROOIMTHCPPFDUND,L UED-&4S' FOR THE SOUTHEAST CORNER OFSND2314ACRETRACT,BEINGAL50THENORTHEASTCO FRCFA CALLED 04168 ACRE TRACT DESCRIBED INA DEED TO MICHAEL JOSEPH AS RECORDED IN DOCUMENT NO.2(K20�517 THE OFFICIAL RECORDS OF WILUAMSONCIXWTY.TEXAS,FORTHESOUTHEAST ORNERHEREOF THENCE LEAVING THE WEST RIGHT-OF-WAY OF SAID NORTH MAYS STREET ALONG THE SOUTH UNEOF SAID 2 314 ACRE TRACT.BEING ALSO THE NORTH UNE OF SND 0.4168 ACRE TRACTS 75-2c28-W FORA I ;rY• �O YF} A} \ \ - DISTANCE OF 158.54 FEET TO AIR INCH IRON ROD FOUND IN THE EAST UNE OFATRACTOESCREEDIN ADGMTOROUNDROCK INDEPENDENT SCHOOL DISTRICT AS RECORDED IN VOLUME M.PAGE 643 OF 'q POIM OF THE DEED RECORDS OF WILLIAMSON CCJNTY,TEXAS.AT THE SWMY TEST CORNER OF SVD 2314 f9C��h i"A s \BEGINNING\ ACRE TRACT,BEING ALSO THE NORTHWEST[ORNER OF THE SAID DAM ACRE TRACT.FOR THE ULTIMATE 100 YR 2416'11'E \ SOUTHWEST CORNER HEREOF: E�WooOGLNN q•,p,W(�E.'. 46 oT rn"2'rm'O THENCE ALONG THE WEST LINE OFSAID 2311 ACRE]PACT.BEING ALSO 1NPART THE EAST LINE OF SAID ROUND ROCK INDEPENDENT SCHOOL DISTRICT TMCTANDTHEEASTUNEOFACALEDSIM FEMA 20NEAE N-, \ ACRETRACTOWNED BY THE CITY OF ROUND ROCKACCORDINGTOTHEMLUAMSONCENDUL I ELEV.696.7 0,2 \ APPRAISAL DISTRICT,N 22'55'25'W AT A DISTANCE OF 360.56 FEET PASS A M INCH IRON ROD SET µ �( _ WITHCAP MARKED'BAKER.AICKLEN'FOR REFERENCE,AND CONTINUING FOR ATOTAL DISTANCE OF M 16. NG ALSO THE DSENIEERWERM �Nov ;£ �I f(4ELNINiVE �Hl LINE OFSESTAID BIG GR OAK ADDITION AT M937FE TO A POINT IN BRUSHY CREEK ITH THE CORNER OF SN THE NORTH LINEOF SAID AID S'4D ACRE TRACT.OR �/ // y\(SEE OETNL) F i ? J THENCE ALONG BRUSHY CREEK WITH THE NORTH LINE OF SA0214 ACRE TRACT,BEINGALSO THE l 10 P.U.E. COMMONLINEOFSAID BLOCKI6MDSAD BIGOAKADDITION,N57-39-W EFORADISTMCEOf LOT 1 / 0`�pkONF:•P'V f,Sq�— +j.� TCA \ �� 12173FEET TOTHEPOINTOFSEGINNINGMDCONTNNIWI:286ACRESOFLMO. BLOCK A T,p, I B�VI6A S 4\ L�,(1 �� I \ i 1 1.266AGRES !Q\ �y\ SETBACKUNE PLAT NOTES: I 1)BUILDING SETBACK LINES SHALL BE IN ACCOROMCEWRHCHMTER II.ZONING.CITYOF LSE f.GV:�RC^: . \ \-44" U, AVE. ROUND ROCK ORDINANCES(IM EDITION VSL.297,PG.SCG \�IO JJI. 1G 11P,M 13.36 AG2ES ICTAL \ �gSX EM 2)NOFENCES,STRUCTURES,STORAGE.OR FILL SHALL BE PLACED VATHIN THE LIMITS OF THE ULTIMATE 100 YEAR FLOOD PENN:UNLESS APPROVED BY THE CITY ENGINEER `i FILL MAY ONLY BE PERMITTED BY THE CITY ENGINEER Of THE PROPER ANALYSIS- . OF ROUND KS ROC AUL CODEoCONSTRUCTEDORDINANCES INA5EDITI NAND WITH CHAPTER OMSIONS.CITY OFFROUNCTION CODE RDS. NMCES(1995 EOlTlpl)ANONITH THE DESIGN AND CONSTRUCTION STANDARDS. \\OG CHAPTE4)THE R 11,SE TION4A. 6ACKALONG ROUND ROAYS CK CO SHOWNDINANC S.INPLCORNBUIL WITHNG \ \ CHTBACKS MALL BE IN ACCORDAN26(C)CITY OFCE WITH CHAPTER CODEZO OFITNG,CITY OFANING ROC CODO SETBACKS SHALL BE IN ACCORDANCE WITH CHAPTER/1,ZONING.CITY OFROUNO ROCK CODE OF ORDINANCES(1995 EOTTION). /� I 5)THE PROPERN INDICATED HEREON IS LOCATED PARRY IN A NON-SHADED ZONE-r(AREAS {fy, OUTSIDE THE 500 YEAR FLOOD PLAN)AND PARRY IN SHADED ZONE'AE-ACCORDING TO COMMUNITY PANEL MMSM 48491C0330 D OF THE FLOOD INSURANCE RATE MAP PREPARED FOR I WILLIAMSON COUNTY,TEXAS.EFFECTIVE DATE JANUARY 3.1937. 6)BEARING SASIS IS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM.CEN-mm. l ZONE HAD 0(HARM 93).A GRID TO SURFACE COMBINED SCALE FACTOR OF 0.99969 WAS USED I DRAINAGE AND STORM SEWER EASEMENT DETAIL FOR THIS PLAT SCALE 1'=50' ])VERTICAL DATLIMO.01.0S REFERENCED TO THE CITY MVD 115 S). GFS CONTROL NETWORK 1 5241634'E MONUMENT NO.Ot-016 ELEVATION=727.5578 NAND BB(GEDID99J. 1 22 M' L 8)MINIMUM FIWSHED FL000.ELEVATION FOR LOT 1LS 704.00 FEET. FINAL PLAT OF RIVERWALK SUBDIVISION O I ...5515-W / A REPLAT OF THE EAST 150 FEET OF 2S77BLOCK 15 AND 16,ANDERSON ADDITION S I TO THE CITY OF ROUND ROCK, N..E. WILIAMSON COUNTY,TEXAS u .oe',eN,•w TM' 1 OF 2 u n4ruarw 1Ln• V e4Y1r1rw 1)Af' u KTr1r1,•w e21• PROJECT NO.1586-2-001-22 u az4•BrJrw em' I/�7� BAKER-AICKLEN ac5e.et4cunna9 A ABBOCIATEB,INC, —P.,Tot 13 L Engin—s/Surveyorn 16121261}3100 DEED 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 NORTH MAYS, LTD., a Texas limited partnership, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, Texas, 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 Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All of that certain 1.286 acre tract of land described as Lot 1, Block A of the Riverwalk Subdivision, as shown on the plat recorded in Cabinet DD, 85 of the Plat Records of Williamson County, Texas. 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. 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 E:,, D 00342991.DOC 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. IN WITNESS WHEREOF, this instrument is executed on this the day of , 2015. GRANTOR: NORTH MAYS, LTD. By: TXRR, LLC, its General Partner By: John S. Avery, Jr., its Vice President Address: 2. Acknowledgment State of Texas § County of § This instrument was acknowledged before me on this the day of 2015 by , in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas 3. 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: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 4.