CM-2016-1068 - 3/25/2016REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between GVD
COMMERCIAL PROPERTIES, INC., a California 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 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 0.007 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 11 ; and
Public Utility Easement interest in and to that certain 0.044 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 `B", attached hereto
and incorporated herein Parcel 11
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 TWENTY FOUR THOUSAND EIGHT HUNDRED FIFTY FOUR and 00/100 Dollars
($24,854.00).
00353918.DOC
0,A,(,2!'l6,---1p64
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
ARTICLE III
CONDITIONS TO PURCHASER'S AND SELLER'S OBLIGATIONS
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of the following conditions set forth in Section
3.02 (any of which may be waived in whole or in part by Purchaser at or prior to the Closing).
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, and shall have delivered the Partial Release of Lease
attached as Exhibit E".
3.03 The obligations of Seller hereunder are conditional upon Seller's current lessee
having signed and delivered the Partial Release of Lease attached as Exhibit "E" and Purchaser's
payment of the Purchase Price and all amounts called for by Section 5.05.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(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 being conveyed to Purchaser under threat of condemnation.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Capital Title Company on or before May
20, 2016, 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 Special
Warranty Deed conveying good and indefeasible title in fee simple to all of the Property described
in Exhibit "A", and a duly executed and acknowledged Public Utility Easement conveying such
interest in and to the Property described in Exhibit `B", both 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, and any other recorded matters including, but not
limited to, those set forth in the Title Commitment issued by First National
Title Insurance Company on March 9, 2016, File No. G -15 -234644 -CP
(save and except Item l Os);
(b) Any exceptions executed by or through Purchaser or 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 "C" attached hereto. The Public Utility
Easement shall be in the form as shown in Exhibit "D" 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".
(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.
11
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.
Pnrtiec Round
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.
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
0
effective as originals for purposes of this Contract.
SELLER:
GVD Commercial Properties, Inc.,
a California corporation
By:
DAq tp A • CPS S'E
Its: C -F 0
Date: 3 i l �d ( tP
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: " i
Its: / �C
Date: 3---15
7
Address: 1 � 16- A e • kaa �-e 16 kk .
nroange, CA qZ9&-7
Address: 221 East Main St.
Round Rock, Texas 78664
EXHIBIT "A"
Variable Width Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.007 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.007 ACRE (324 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.007 ACRE TRACT BEING A PORTION OF LOT 2E, BLOCK A, REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER, FILED ON NOVEMBER 2, 2006, AND RECORDED
IN CABINET CC, SLIDES 230-233 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS (P.R.W.C.T.); SAID 0.007 ACRE TRACT ALSO BEING A PORTION OF LOT 2E
DESCRIBED IN A SPECIAL WARRANTY DEED TO GVD COMMERCIAL PROPERTIES,
INC., FILED ON JUNE 11, 2008, AND RECORDED IN DOCUMENT NO. 2008046034 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.);
SAID 0.007 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a cut "X" in concrete found for the common westernmost northwest comer of said Lot
2E and the northernmost corner of Lot 2A, Block A, of said Replat of Lot 2 East Chandler Retail Center,
and being on the southerly right-of-way line (R.O.W.) of University Boulevard (variable width R.O.W.),
for the westernmost corner of the herein described tract;
THENCE with the common northerly line of said Lot 2E and the southerly R.O.W. line of said
University Boulevard, the following two calls:
1) North 24° 21' 38" East, a distance of 22.42 feet to a found 1/2 -inch iron rod with orange plastic cap
stamped "WEST 4188" for the northwest corner of the herein described tract;
2) North 69° 18' 05" East, a distance of 14.13 feet to a set 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" for the northeast comer of the herein described tract;
THENCE South 24° 18' 09" West, traveling across the interior of said Lot 2E, a distance of 42.43 feet to
a cut "X" in concrete set for the common westerly line of said Lot 2E and the easterly line of said Lot 2A,
for the southernmost comer of the herein described tract;
THENCE North 20° 41' 53" West, with the common westerly line of said Lot 2E and the easterly line of
said Lot 2A, a distance of 14.16 feet to the POINT OF BEGINNING of the herein described tract,
delineating and encompassing within the metes recited 0.007 acre (324 square feet) of land, more or less,
based on the survey and exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock,
Texas in 2015.
Page 1 of 3
Exhibit "A" continued
Description of a 0.007 acre tract
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-4865 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.
;aniel M. Flaherty, R.P.L.S. No. 5
The Wallace Group, A CP&Y Comp y
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4865
22824-FN24.doc
Page 2 of 3
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..........................
)ANIEL M. FLAHE
..........................
q 5004 P
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11-02-2015
Date
EXHIBIT "A' t
(VARIABLE WIDTH RIGHT- OF- WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.007 ACRE (324 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
SCALE. I" = 100' I FIELD NOTE
POINT OF
BEGINNING
CUT "X' FND.
IN CONC.�
N 2041'53' W — 14.
R.O.W. LINE
CUT 'X" SE
IN CONC.
LOT 2A
Z BLOCK A
o
P O C4
E" w
cp
Qq
N 2471'38' E — 2242'
r-- N 6918'05' E — 14.13'
N 69'18'05' E — 187.49'
S 2498'09" W — 4243'
VARIABLE WIDTH
RIGHT--OF—WAY ACQUISITION
0.007 ACRE (324 SQ. Fr.)
R.O.W. UNE LOT 2E
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET OC, SLIDES 230-233
caJ cwV
P.R.W.C.T.
i—
FILED: NOVEMBER 2, 2006
0 o
TRACT 1
GVD COMMERCIAL PROPERTIES, INC
DOC. NO. 2008046034
O'P.R.W.C.T.
FILED: JUNE 11, 2008
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R. 0. W. )
CUT "X" FND.
IN CONC.
EXISTING R.O.W.
LOT 2F
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 230-233
P.R.W.C.T.
FILED: NOVEMBER 2, 2006
LOT 2H
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 230-233
P.R.W.C.T.
FILED: NOVEMBER 2, 2006 LEGEND
GENERAL NOTES:
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE.
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.
• = FOUND 1/2' IRON ROD WITH ORANGE CAP STAMPED
"WEST 4188" UNLESS OTHERWISE NOTED
O = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW" UNLESS OTHERWISE NOTED
A = CALCULATED POINT
P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. = OFFICIAL RECORDS, WILLIAMSON COUNTY, TOGAS
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
' : WALLACERC1_:
encneers architects surveyors rED*
A CPSY COMPANY WACO KILLEEN DALLAS ROUND ROCKTBPLS 10051701 1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 1 (512) 248-0065 TBPE F-54
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT w
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LANDSURVEYS IN THE STATE OF TEXAS. THIS 2ND DAY OF NOVEMBER, 2015
OCTOBER, 2014 ' >14
SURVEYED: NOVEMBER, 2015 IEL M. FLAHERTY PLS NO. 5 3 OF 3
0 100 200 PLAT NO. A-4865 DRAFT DATE 11-02-2015 DRAWN BY RKS
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 195/9 TAB # A-4865
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN24
4:II,008-m
Variable Width Public Utility Easement
METES AND BOUNDS DESCRIPTION
OF A
0.044 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.044 ACRE (1,930 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.044 ACRE TRACT BEING A PORTION OF LOT 2E, BLOCK A, REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER, FILED ON NOVEMBER 2, 2006, AND RECORDED
IN CABINET CC, SLIDES 230-233 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS (P.R.W.C.T.); SAID 0.044 ACRE TRACT ALSO BEING A PORTION OF TRACT I
DESCRIBED IN A SPECIAL WARRANTY DEED TO GVD COMMERCIAL PROPERTIES,
INC., FILED ON JUNE 11, 2008, AND RECORDED IN DOCUMENT NO. 2008046034 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.);
SAID 0.044 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a calculated point for the northwest corner of the herein described tract, and from which
a 1/2 -inch iron rod with orange plastic cap stamped "West 4188" found marking the northernmost
northwest corner of said Lot 2E, Block A, Replat of Lot 2 of East Chandler Retail Center bears North 26°
43' 38" West, at a distance of 12.85 feet, said iron rod also marking an angle point on the southerly right-
of-way (R.O.W.) line of University Boulevard (a variable width R.O.W.);
THENCE North 69° 11' 00" East, traveling across the interior of said Lot 2E, a distance of 200.27 feet to
a calculated point for the northeast corner of the herein described tract, said point being on the common
easterly line of said Lot 2E and the westerly line of Lot 2F of said Block A, and from which a cut "X" in
concrete found marking the common northeast corner of said Lot 2E and the northwest corner of said Lot
2F bears North 20° 41' 11" West, at a distance of 12.37 feet, said cut "X" also being on the southerly
R.O.W. line of said University Boulevard;
THENCE South 20" 41' 11" East, with the common easterly line of said Lot 2E and the westerly line of
said Lot 2F, a distance of 9.63 feet to a calculated point for the southeast corner of the herein described
tract;
THENCE South 69° 18' 05" West, traveling across the interior of said Lot 2E, a distance of 209.49 feet
to a calculated point for the southwest corner of the herein described tract;
THENCE North 24° 18' 09" East, a distance of 13.04 feet to the POINT OF BEGINNING of the herein
described tract, delineating and encompassing within the metes recited 0.044 acre (1,930 square feet) of
land, more or less, based on the survey and exhibit drawing made by The Wallace Group, A CP&Y
Company, Round Rock, Texas in September of 2015.
Page 1 of 3
Exhibit "A" continued
Description of a 0.044 acre tract
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-4710 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.
Daniel M. Flaherty, R.P.L.S. No. 5004
The Wallace Group, A CP&Y Company
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4710
22824-FNI Ldoc
Page 2of3
09-29-2015
Date
a
LO
0
M
rn
EXHIBIT "FBJ' '
(VARIABLE WIDTH PUBLIC UTILITY EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.044 ACRE (1,930 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
SCALE: 1 " = 100'
FIELD NOTE
POINT OF
BEGINNING
N 24'18'09' E - 1
LOT 2A
BLOCK A
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R. 0. W.) ,
26'43'38' W - 12.85'
S 69'18'05' W - 209.49'
PROPOSED R.O.W. LINE
TRACT 1
GVD COMMERCIAL PROPERTIES, INC
DOC. NO. 2008048034
O'P.R.W.C.T.
FILED JUNE 11, 2008
UTILITY EASEMENT
0.044 ACRE (1,930 SO.
IT "X" FND.
IN CONC.
20'41'11" W - 1237'
2041'11' E - 9.63'
LOT 2F
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 23D-233
C11 N P.R.W.C.T.
i- �- FILED: NOVEMBER 2, 2006
010
LOT 2H
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 230-233
P.R.W.C.T.
FILED: NOVEMBER 2, 2006 LEGEND
GENERAL NOTES:
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE
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.
0 = FOUND 1/2' IRON ROD NTH ORANGE CAP STAMPED
"WEST 4188" UNLESS OTHERWISE NOTED
0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW'
A = CALCULATED POINT
P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. = OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
-` � [= WALLACE 4G CJIU
engineers architects surveyors"s r" F
A CP&Y COMPANY �Q �G E9�
WACO KILLEEN DALLAS ROUNDROCK.DANIEL I.. FLAHEt1sY
01 1 Chisholm Trail, Suite 130, Round Rock Toes 78681 I (512) 248 0065 TBPE F-54 `\.......:..:....:.................
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT <'9 5004 Q Q
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND �/Ii °�Fss °`�'�O
SURVEYS IN THE STATE OFTEXAS. TH_ DAY OF EPTr MBER� 2015
SURVEYED: OCTOBER, 2014 DANIEL M. FLAHERTY RPLS N0. 50 3 OF 3
0 100 200 PLAT NO. A-4710 DRAFT DKTE 09-29-2015 DRAWN BY nV
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 195/9 TAB # A-4710
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 228248—PARCELS F/N # 22824—FN11
LOT 2E
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 230-233
N
A.R.NLC.T.
FILED: NOVEMBER 2, 2006
00
TRACT 1
GVD COMMERCIAL PROPERTIES, INC
DOC. NO. 2008048034
O'P.R.W.C.T.
FILED JUNE 11, 2008
UTILITY EASEMENT
0.044 ACRE (1,930 SO.
IT "X" FND.
IN CONC.
20'41'11" W - 1237'
2041'11' E - 9.63'
LOT 2F
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 23D-233
C11 N P.R.W.C.T.
i- �- FILED: NOVEMBER 2, 2006
010
LOT 2H
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 230-233
P.R.W.C.T.
FILED: NOVEMBER 2, 2006 LEGEND
GENERAL NOTES:
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE
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.
0 = FOUND 1/2' IRON ROD NTH ORANGE CAP STAMPED
"WEST 4188" UNLESS OTHERWISE NOTED
0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW'
A = CALCULATED POINT
P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. = OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
-` � [= WALLACE 4G CJIU
engineers architects surveyors"s r" F
A CP&Y COMPANY �Q �G E9�
WACO KILLEEN DALLAS ROUNDROCK.DANIEL I.. FLAHEt1sY
01 1 Chisholm Trail, Suite 130, Round Rock Toes 78681 I (512) 248 0065 TBPE F-54 `\.......:..:....:.................
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT <'9 5004 Q Q
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND �/Ii °�Fss °`�'�O
SURVEYS IN THE STATE OFTEXAS. TH_ DAY OF EPTr MBER� 2015
SURVEYED: OCTOBER, 2014 DANIEL M. FLAHERTY RPLS N0. 50 3 OF 3
0 100 200 PLAT NO. A-4710 DRAFT DKTE 09-29-2015 DRAWN BY nV
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 195/9 TAB # A-4710
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 228248—PARCELS F/N # 22824—FN11
Parcel 11
EXHIBIT "C"
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 GVD COMMERCIAL PROPERTIES, INC., a California 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 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 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 0.007 acre (approximately 324 Sq. Ft.) in the Ephraim Evans Survey,
Abstract No. 212, Williamson County; being more fully described by metes and bounds
in Exhibit "A", attached hereto and incorporated herein Parcel 11)
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, and any other matters of record (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.
00353706.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, 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 City of Round
Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto City of Round Rock, Texas and its assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof by through or under
Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2016.
GRANTOR:
GVD COMMERCIAL PROPERTIES, INC.,
a California corporation
Its:
2.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2016 by in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of California
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:
3.
EXHIBIT "D"
University Blvd.—Parcel 11PUE
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That GVD COMMERICAL PROPERTIES, INC., and its successors and assigns,
("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal
corporation situated in the County of Williamson and State of Texas ("Grantee"), the receipt and
sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto
Grantee certain rights and interests in the nature of a perpetual public utility easement and right-
of-way in, upon, over, under, above and across the following described property, to -wit:
All of that certain 0.044 acre (1,930 SF) tract of land situated in the Ephraim Evans
Survey, Abstract No. 212, Williamson County, Texas; and being more particularly
described in Exhibit "A" attached hereto and incorporated herein for all purposes
(Parcel 11 PUE).
The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance,
alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: electric transmission
and distribution lines, telecommunication and cable television lines, water lines, natural gas
lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and related
equipment, stormwater lines, drainage systems and underground drainage structures, all
necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and
collection facilities, drainage pipes and all other subsurface drainage structures, and any
necessary accessories, or operations.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00353920.DOCX
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
easement, including the right to build and use the surface of the easement for private streets,
roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided
Grantor shall not erect or construct on the easement any building or other structure such as a
patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the
easement, or diminish or substantially add to the ground cover over the facilities. Grantee shall
not be responsible or liable for the removal, repair or damage to any property, structure, building,
or other use inconsistent with the rights conveyed to Grantee by the easement; provided,
however, before constructing any improvements, at least ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the easement,
and Grantor must first obtain the consent and approval from Grantee of the construction and
location of any improvements within the easement.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
It is understood and agreed that any and all equipment and facilities placed upon said
property by Grantee shall remain the property of Grantee.
herein.
Grantor hereby dedicates the easement as a public utility easement for the purposes stated
OJI
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2016.
(Signatures on the following pages)
GRANTOR:
GVD COMMERCIAL PROPERTIES, INC.,
a California corporation
Its:
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this the day of the month
of , 2016, by , known by me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of and on behalf of said entity and in the capacity and for the
purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of
4
EXHIBIT "E"
PARTIAL RELEASE OF LEASE
University Blvd. Right of Way
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLL4,MSON
That, GVD Commercial Properties, Inc., a California corporation and Mar Lu
Days, LLC, a Texas limited liability company ("Mar Lu"), as successor -in -interest and
assignee of TGI Friday's, Inc., a New York corporation, for and in consideration of the
sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid
to it by the City of Round Rock, Texas, and its successors and assigns, the receipt and
sufficiency of which is hereby acknowledged, do hereby partially ABANDON,
RELEASE and DISCHARGE that certain leasehold interest which is evidenced by that
certain Memorandum of Lease instrument recorded in Document No. 2008030572 of the
Official Public Records of Williamson County, Texas.
Such ABANDONMENT, RELEASE and DISCHARGE of the above -referenced
leasehold shall apply only to the below -described Property, to -wit:
All of that certain 0.007 acre tract of land, more or less, 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 Parcel 11).
This instrument is given specifically to release the above described original lease
agreements and interest, and any subsequent revisions, renewals, or alterations between
the parties relating to the subject Property, and to release such original agreement only as
to the property specifically described herein, which agreement terms are hereby
terminated by abandonment, termination, vacation, and cessation of purpose, and which
lease agreement shall be of no further force and effect, whether legal or equitable.
In addition, Mar Lu recognizes and agrees that the Public Utility Easement
between GVD Commercial Properties, Inc., and the City of Round Rock, Texas, which
affects the property covered by the Memorandum of Lease, when recorded, will
constitute a permitted and valid exception to the lease described in the Memorandum of
Lease referred to above.
IN WITNESS WHEREOF, GVD Commercial Properties, Inc., a California
corporation and Mar Lu have caused this instrument to be executed effective the
day of the month of , 2016.
[signature pages follow]
00353711.DOC
RELEASOR:
GVD Commercial Properties, Inc.,
a California corporation
Its:
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this the day of the month
of , 2016, by , in the capacity and for the purposes
and consideration therein expressed.
Notary Public, State of
2
RELEASOR:
Mar Lu Days, LLC, a Texas limited liability company, as
successor in interest and assignee of TGI Fridays, Inc., a
New York corporation
an
Its:
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this the day of the month
of , 2016, by , in the capacity and for the purposes
and consideration therein expressed.
Notary Public, State of
AFTER RECORDING RETURN TO:
3
City of Round Rock
IROUND ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with GVD Commercial
Properties, Inc. for the purchase of right of way and public utility easement
rights necessary for the University Boulevard Widening Project (Parcel
11).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/25/2016
Dept Director: Steve Sheets
Cost:
Indexes:
Attachments: 00354211.PDF, 00354187.PDF
Department: Legal Department
Text of Legislative File CM -2016-1068
Consider executing a Real Estate Contract with GVD Commercial Properties, Inc. for
the purchase of right of way and public utility easement rights necessary for the
University Boulevard Widening Project (Parcel 11).
The purchase price is equal to the City's appraised value for the property to be
acquired.
Staff recommends approval.
City of Round Rock Page 1 Printed on 3/2412016