CM-2016-1069 - 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:
Public Utility Easement interest in and to that certain 0.033 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 12PUE);
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 Public Utility Easement interest in and to the Property
described in Exhibit "A", and any damage to the remaining property of Seller, shall be the sum of
NINE THOUSAND TWO HUNDRED THIRTY SEVEN and 00/100 Dollars ($9,237.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
WELLS(12)--contract for Univ. Blvd. no.w. (DC 3.11.16) (00353723xA08H).doc
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.
3.03 The obligations of Seller hereunder are conditional upon 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 beingconveyed to Purchaser under threat of condemnation.
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").
2
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 Public
Utility Easement conveying such interest in and to 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, 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 November 11, 2015, File No. G -15 -232436 -
CP, or any subsequent updates prior to Closing;
(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 Public Utility Easement 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".
(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.
2
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.
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 Tate
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.
,:01
SELLER:
GVD Commercial Properties, Inc.,
a California corporation
By:
A,. G�s�
Its: C -15d
Date: 3 ! 1-7 /1 �
PURCHASER:
CITY OY ROUND ROCK, TEXAS
By, Cel G�
G-�Zt,i�c C ' �L
Its: &-A4 P i A
Date: 152—�c,
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Address: N15 --A E • Ka �e l l et T"`-
Omhap CA a zg �7
Address: 221 East Main St.
Round Rock, Texas 78664
EXHIBIT "A"
Variable Width Public Utility Easement
METES AND BOUNDS DESCRIPTION
OF A
0.033 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.033 ACRE (1,421 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.033 ACRE TRACT BEING A PORTION OF LOT 2F, 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 0.033 ACRE TRACT ALSO BEING A PORTION OF TRACT II
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 0.033 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 cut "X" in concrete found marking the northwest corner of said Lot 2F, Block A, Replat of Lot 2 of East
Chandler Retail Center bears North 20° 41' 11" West, at a distance of 12.37 feet, same being the
northeast corner of Lot 2E of said Block A, said cut "X" also being 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 2F, a distance of 145.29 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 2F and the westerly line of Lot 2G of said Block A, and from which a cut "X" in
concrete found marking the common northeast corner of said Lot 2F and the northwest corner of said Lot
2G bears North 20° 41' 11" West, at a distance of 12.07 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 2F and the westerly line of
said Lot 2G, a distance of 9.93 feet to a calculated point for the southeast comer of the herein described
tract;
THENCE South 69° 18' 05" West, traveling across the interior of said Lot 2F, a distance of 145.29 feet
to a calculated point for the southwest comer of the herein described tract, said point being on the
common westerly line of said Lot 2F and the easterly line of said Lot 2E;
THENCE North 20° 41' 11" West, with the common westerly line of said Lot 2F and the easterly line of
said Lot 2E, a distance of 9.63 feet to the POINT OF BEGINNING of the herein described tract,
delineating and encompassing within the metes recited 0.033 acre (1,421 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 0.033 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-4711 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-4711
22824 -FN 12.doe
Page 2of3
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)ANlEL M. FLAKE.
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09-29-2015
Date
EXHIBIT "A' '
(VARIABLE WIDTH PUBLIC UTILITY EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.033 ACRE (1, 421 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R. 0. W )
SCALE. 1 " = 100'
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. NAD63) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTK NETWORK.
-x = WALLACE
enc,;reers arch i=et:!
A CPi Y COMPANY
WACO KILLEEN DALLAS
ITBPLS
VARIABLE WIDTH PUBLIC
UTILITY EASEMENT
0.033 ACRE (1,421 SQ. FT.) .
20'41'11' W - 12.07'
S 20'41'11' E
9.93'
LOT 2G
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
• = CUT "X" IN CONCRETE FOUND
0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW"
= 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
t
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surveyors
ROUND
TBPE F-54
1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LJ
SURVEYS IN THE STATE OF TEXAS. THIS THE 29TH DAY OF SEPTMEBER 2015.
SURVEYED: OCTOBER. 2014 ANI0. M. FLAHERTY RPL N'05. 004 3 OF 3
0 0 100 2bO PLAT NO. A -4711 -DA DA 09-29-2015 DRAWN BY DV
0 SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 195/9 TAB # A-4711
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R -PARCELS F/N # 22824-FN12
R.O.W. LINE
N 20'41'11' W - 12.37'
N 6991'00' E - 145.29'
FIELD NOTE
S 6996'05' W - 145.29'
POINT OF N 20'41'11' W
LOT 2F
BEGINNING 9.63'
BLOCK A
REPLAT OF LOT 2
LOT 2E
EAST CHANDLER
BLOCK A
RETAIL CENTER
q
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CABINET CC, SLIDES 230-233
REPLAT OF LOT 2
P.R.W.C.T.
E-4
EAST CHANDLER RETAIL CENTER
FILED: NOVEMBER 2, 2006
CABINET CC, SLIDES 230-233
P.R.W.C.T. N N 'TRACT
fl N N
FILED: NOVEMBER 2, 2006 0 o
GVD COMMERCIAL o 0
w 0
J J
PROPERTIES. INC J J
DOC. NO. 2008046034
FILED JUNE 11. 2008
ti
LOT 2H
LOT 2A
�� G
BLOCK A
BLOCK A
REPLAT OF LOT 2
�¢
EAST CHANDLER RETAIL CENTER
T•4
CABINET CC, SLIDE 230
�4 P
P.R.W.C.T.
FILED: NOVEMBER 2. 2006
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. NAD63) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTK NETWORK.
-x = WALLACE
enc,;reers arch i=et:!
A CPi Y COMPANY
WACO KILLEEN DALLAS
ITBPLS
VARIABLE WIDTH PUBLIC
UTILITY EASEMENT
0.033 ACRE (1,421 SQ. FT.) .
20'41'11' W - 12.07'
S 20'41'11' E
9.93'
LOT 2G
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
• = CUT "X" IN CONCRETE FOUND
0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW"
= 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
t
r�CU
surveyors
ROUND
TBPE F-54
1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LJ
SURVEYS IN THE STATE OF TEXAS. THIS THE 29TH DAY OF SEPTMEBER 2015.
SURVEYED: OCTOBER. 2014 ANI0. M. FLAHERTY RPL N'05. 004 3 OF 3
0 0 100 2bO PLAT NO. A -4711 -DA DA 09-29-2015 DRAWN BY DV
0 SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 195/9 TAB # A-4711
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R -PARCELS F/N # 22824-FN12
EXHIBIT "B"
University Blvd.—Parcel 12PUE
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 0.033 acre (1,421 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 12 PEE).
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.
00353724.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
2
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 92016.
(Signatures on the following pages)
GRANTOR:
GVD COMMERCIAL PROPERTIES, INC.,
a California corporation
LO -A
ACKNOWLEDGMENT
THE STATE OF CALIFORNIA
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 California
4
City of Round Rock
ROASDROCK Agenda Item Summary
Agenda Number:
Title: Consider execute a Real Estate Contract with GVD Commercial
Properties, Inc. for the purchase of public utility easement rights
necessary for the University Boulevard Widening Project (Parcel 12).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/25/2016
Dept Director: Steve Sheets
Cost:
Indexes:
Attachments: 00354212.PDF, 00354188.PDF
Department: Legal Department
Text of Legislative File CM -2016-1069
Consider execute a Real Estate Contract with GVD Commercial Properties, Inc. for the
purchase of public utility easement rights necessary for the University Boulevard
Widening Project (Parcel 12).
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 312412016