CM-13-12-270ROUND ROCK, TEXAS
RAMS" O%SGOIk PNOSYfRRY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Right of Way Deed through Nelson Homestead
Family Partnership, Ltd. with Taylor Morrison of Texas, Inc. for a tract of
land containing approximately 0.395 acres.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/13/2013
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost:
Indexes:
Attachments: Right_of Way_Deed.pdf
Department: Planning and Development Services Department
Text of Legislative File CM -13-12-270
City of Round Rock Page 1 Printed on 12/19/2013
RIGHT OF WAY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
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.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF WILLIAMSON
DATE: , 2013
GRANTOR: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited
partnership
GRANTOR'S: 3404 Glenview Avenue
ADDRESS Austin, Travis County, Texas 78703
Attn: John C. Nelson
GRANTEE: TAYLOR MORRISON OF TEXAS, INC., a Texas corporation
GRANTEE'S 11200 Lakeline Blvd., Suite 150A
ADDRESS: Austin, Travis County, Texas 78717
Attn: Adib Khoury
GRANTOR, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, including GRANTEE'S performance of its obligations under the
restrictive covenants set forth below and subject to the matters and right of reverter set forth
below, does hereby Grant, Bargain, Sell and Convey to GRANTEE the following tract or parcels
of land in Williamson County, Texas:
That certain tract of land containing approximately 0.395 acres, more or less, as
more fully described on Exhibit "A" attached hereto and incorporated herein for
all purposes (the "Property").
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CM -i3 -i2 -..VO
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging, to GRANTEE, its successors and assigns, forever;
and GRANTOR does hereby bind itself, and its successors and assigns, to warrant and forever
defend all and singular the Property unto GRANTEE, and its successors and assigns, against
every person whosoever lawfully claiming or to claim the same or any part hereof, by, through or
under GRANTOR, but not otherwise, subject, however, to:
(i) the exceptions set forth on Exhibit "B", attached hereto and incorporated herein by
reference;
(ii) the restrictive covenants set forth below;
(iii) the right of reverter retained by GRANTOR, as set forth below; and
(iv) the liens securing real estate taxes for the current and all subsequent years
and taxes, and related penalties and interest, for the year of closing and prior years arising
due to a change in use or ownership of the Property, all of which real estate taxes,
penalties and interest are hereby assumed by GRANTEE.
The following restrictive covenants (the "Covenants") are hereby imposed upon the
Property, will run with the land comprising the Property, and will be binding upon GRANTEE
and its successors and assigns and benefit and be enforceable by GRANTOR, and its successors
and assigns:
(1) The Property may be used, improved and maintained solely for
public road right-of-way purposes as depicted on the attached Exhibit "C" (the
"Roadway"), and for the construction, maintenance and improvement of roadway
facilities, utility facilities, drainage facilities and any other facilities depicted on
final plans and specifications approved by GRANTOR pursuant to the provisions
of Paragraph (5) below (collectively, the "Roadway Improvements"). The unused
portion of CR 186 will be removed by GRANTEE.
(2) GRANTOR's remaining property, being the remainder of the
63.8259 -acre tract identified in Exhibit "D" attached hereto and incorporated
herein for all purposes (the "Remainder Property"), shall have access to and from
the Roadway via the two (2) driveway entrances, generally as depicted on the
attached Exhibit "C" (the "Driveway Entrances").
(3) Concurrently with its construction of the Roadway Improvements,
GRANTEE will construct the Driveway Entrances. The Driveway Entrances will
extend from the Roadway to the boundary line between the Property and the
Remainder Property and shall be of concrete construction and shall include an
associated driveway apron, curb returns and appropriately -sized drainage culverts
(collectively, the "Driveway Improvements"). The final location and layout of the
Driveway Entrances to be constructed must be approved by GRANTOR prior to
GRANTEE's initiation of construction, which approval will not be unreasonably
withheld or unduly delayed; provided that in all events the eastern Driveway
Entrance (as shown on Exhibit "C" hereto) shall have a minimum width of forty
feet (40') and the western Driveway Entrance (as shown on Exhibit "C" hereto)
shall have a minimum width of thirty feet (30'). GRANTEE will obtain approval
of the final location of the Driveway Entrances from any governmental entity with
jurisdiction and provide GRANTOR with a copy of all required permits for the
{ W0602726.2 } 2
Driveway Improvements. Notwithstanding the foregoing, at GRANTOR'S option,
GRANTOR may elect to defer construction of the western Driveway Entrance
until such time as GRANTOR is ready to commence development of the
Remainder Property. If GRANTOR makes such election by written notice to
GRANTEE, GRANTEE shall be released from its obligation hereunder to
construct the western Driveway Entrance, but GRANTOR's entitlement to the
western Driveway Entrance as provided herein shall continue.
(4) The Roadway Improvements must include appropriate facilities for the collection
of all drainage and/or stormwater runoff from the Roadway and related right of way. No
stormwater runoff or drainage may be diverted onto the Remainder Property or Driveway
Entrances without an express easement for such drainage granted by GRANTOR in its sole
discretion, and any such easements will be at GRANTEE's sole cost.
(5) GRANTEE will provide the final paving plans for the Roadway
Improvements within the Property, together with final plans and specifications for
the Driveway Improvements, to GRANTOR for review and approval prior to the
initiation of construction, which approval will not be unreasonably withheld or
unduly delayed. All construction shall be in accordance with such plans and
specifications as approved in writing by GRANTOR. GRANTEE acknowledges
and agrees that it will not be unreasonable for GRANTOR to deny approval of the
plans for the Roadway Improvements and Driveway Improvements if such
improvements are not appropriate for service to commercial uses on the Remainder
Property as determined by GRANTOR. Without limiting the generality of the
foregoing, access between the westbound lanes of the Roadway and the eastern
Driveway Entrance (in each direction) must be unimpeded by a median, and the
eastern Driveway Entrance must be accessible from the westbound lanes of the
Roadway via a separate turn lane or aisle.
If GRANTEE breaches any of the Covenants, then, in addition to any other rights which
GRANTOR may have, at law or in equity, GRANTOR will have the equitable remedies of
mandamus and specific performance, it being acknowledged that the performance of the
Covenants constitutes a portion of the consideration for the sale and purchase of the Property and
that a failure by GRANTEE in the performance of its obligations under the Covenants could not
be adequately compensated in money damages alone. Therefore, GRANTOR will have the
express right to obtain a writ of mandamus against GRANTEE requiring GRANTEE to perform
its obligations under the Covenants. Further, if GRANTOR institutes legal proceedings as a
result of GRANTEE'S failure to comply with any of the Covenants, the prevailing party in the
proceedings will be entitled to recover its reasonable and necessary attorneys' fees. Upon
completion of construction of the Roadway Improvements and acceptance of same by the City of
Round Rock, GRANTEE intends to convey title to the Property to the City of Round Rock. If
requested by the City of Round Rock or GRANTEE at that time, GRANTOR agrees to execute
and deliver an instrument in recordable form acknowledging that the Covenants have been
satisfied, subject to GRANTOR's determination in its reasonable discretion that the Roadway
Improvements and Driveway Improvements have been completed in accordance with the plans
and specifications therefor as approved by GRANTOR.
GRANTOR agrees to grant any temporary construction easements, slope easements and
easements for lateral support structures which may reasonably be required on the Remainder
Property to enable GRANTEE to construct and support the Roadway Improvements and the
Driveway Improvements. Any temporary construction easement will require restoration of any
damage to the Remainder Property upon completion of construction of the Roadway
Improvements or the Driveway Improvements, as applicable.
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In the event the portion of the Property to be used for the Roadway Improvements ceases
to be used as a public roadway for any period in excess of twelve (12) consecutive months after
completion of the Roadway Improvements, then the Property will revert to and vest in
GRANTOR, and GRANTOR will be entitled to take immediate possession of the Property and to
record in the Official Public Records of Williamson County, Texas, an instrument confirming
that title to the Property has reverted to GRANTOR. GRANTOR will have the right to exercise
the right of re-entry hereunder, to re -take title to the Property free and clear of any claims
whatsoever of GRANTEE, its successors and assigns, and to immediately repossess the Property
without the need of any court action. GRANTEE agrees, upon demand, to execute, acknowledge
and deliver to GRANTOR any and all instruments that may be requested by GRANTOR to
confirm or evidence the reversion of the Property to GRANTOR; provided, however, that
GRANTEE will have 30 days to notify GRANTOR if GRANTEE contests GRANTOR'S right to
exercise its right of reverter. If GRANTEE fails to contest GRANTOR'S rights and fails to
execute, acknowledge and deliver any such instruments within 30 days following GRANTOR'S
written demand, then GRANTOR will have the right, in addition to any other remedies
GRANTOR may have, to execute, acknowledge and deliver such requested instruments as
GRANTEE'S agent and attorney in fact, and GRANTEE hereby irrevocably names, constitutes
and appoints GRANTOR as GRANTEE'S proper and legal agent and attorney-in-fact for such
purpose. The power of attorney granted hereunder is and will be coupled with an interest. The
foregoing notwithstanding, GRANTOR'S title to the Property in the event of reversion will be
subject to (i) easements for any underground utilities previously constructed within the Property
and (ii) easements for above -ground utilities previously constructed within the Property provided
that any such above -ground utility easement instrument provides GRANTOR with the right to
relocate and/or bury such above -ground utility facilities upon the occurrence of reversion
hereunder, at GRANTOR'S option and expense.
GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE ON AN "AS IS"
BASIS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OTHER THAN
THE SPECIAL WARRANTY OF TITLE CONTAINED IN THIS DEED. GRANTEE AGREES
THAT IT IS ACCEPTING THE PROPERTY BASED UPON ITS OWN STUDIES AND
CONCLUSIONS, AND NOT BASED UPON ANY REPRESENTATIONS OR WARRANTIES
OF GRANTOR OR ANY AGENT OF GRANTOR. GRANTOR SPECIFICALLY DISCLAIMS
ALL IMPLIED WARRANTIES CONCERNING THE PROPERTY, INCLUDING THE
IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. FURTHER, GRANTOR MAKES NO WARRANTIES
REGARDING ENDANGERED SPECIES OR ENVIRONMENTAL CONDITIONS.
GRANTEE ACKNOWLEDGES THAT THIS PROVISION IS A MATERIAL PORTION OF
THE CONSIDERATION FOR THE SALE OF THE PROPERTY, AND ACKNOWLEDGES
THAT GRANTOR WOULD NOT AGREE TO SELL THE PROPERTY ON ANY OTHER
BASIS.
The payment of taxes for the current and all subsequent years, as well as any taxes for the
current and all prior years due to a change in land usage or ownership, and any related penalty or
interest, is hereby assumed by GRANTEE.
IN WITNESS WHEREOF, the undersigned have executed this instrument, which shall
not become binding until signed by all parties, as of the date first above stated.
[Signature page to follow]
(W0602726.2) 4
Executed this the day of , 2013.
(W0602726.2}
GRANTOR:
NELSON HOMESTEAD FAMILY PARTNERSHIP,
LTD., a Texas Limited Partnership
By: NELSON HOMESTEAD MANAGEMENT, LLC,
a Texas limited liability company (its general
partner)
By:
John C. Nelson, Manager
GRANTEE:
TAYLOR MORRISON OF TEXAS, INC., a Texas
corporation
By:
Timothy J. Towell, Vice President
By:
Adib Khoury, Vice President
APPROVED AS TO FORM AND CONTENT
CITY OF ROUND ROCK, TEXAS, a home rule municipal
corporation
By;
Name: ,57 -"PS- flit? I
Title: G/T���P��
5
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared John C. Nelson,
Manager of Nelson Homestead Management, LLC, the general partner of Nelson Homestead
Family Partnership, Ltd., known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that he executed said instrument.
GIVEN under my hand and seal of office on this day of , 2013.
STATE OF TEXAS
COUNTY OF
Notary Public, State of Texas
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared Timothy J. Towell,
Vice President of Taylor Morrison of Texas, Inc., a Texas corporation, known to me to be the
persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed said instrument.
GIVEN under my hand and seal of office on this day of , 2013.
Notary Public—State of Texas
{ W0602726.2) 6
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
§
§
§
BEFORE ME, the undersigned authority, on this day personally Adib Khoury, Vice President of
Taylor Morrison of Texas, Inc., a Texas corporation, known to me to be the persons whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed said
instrument.
GIVEN under my hand and seal of office on this day of , 2013.
Notary Public—State of Texas
(W0602726.2) 7
EXHIBIT A
(Property Description)
THE RIGHT OF WAY TRACT
idPAPE-DAWSON
ENGINEERS
LAND DEVELOPMENT ENVIRONMENTAL TRANSPORTATION WATER RESOURCES SURVEYING
FIELD NOTES
FOR
A 0.395 of an acre, or 17,204 square feet more or Tess, tract of land out of that certain 1629.95
acre tract conveyed to Nelson Homestead Family Partnership, LTD., in Special Warranty Deed
recorded in Document No. 9824078 of the Official Public Records of Williamson County, Texas,
situate in the Joseph Mott Survey No. 427, Williamson County, in the Extraterritorial
Jurisdiction of the City of Round Rock, Texas. Said 0.395 acre tract being more fully described
as follows, with bearings based on the North American Datum of 1983 (CORS 1996), from the
Texas Coordinate System established for the Central Zone:
BEGINNING: At a set '''A" iron rod with yellow cap marked "Pape -Dawson" at the southeast
corner of a called 1.068 acre City of Round Rock tract recorded in Document
No. 2012004203, of the Official Public Records of Williamson County, Texas
and the remaining portion of that certain 1629.95 acre tract;
THENCE: N 21°23'44" W, along and with the east line of said 1.068 acre tract and an
cast lint of the remaining portion of said called 1629.95 acre tract, at 73.30
feet passing the northeast comer of said 1.068 acre tract and a point in the
south right-of-way line of Williamson County Road No. 186, based on a
variable width, in all a total distance of 85.55 feet to a calculated point in the
occupied south right-of-way line of said Williamson County Road No. 186,
the northwest comer of herein described tract;
THENCE: N 68°30'04" E, along the occupied south right-of-way line of said Williamson
County Road No. 186, with the north line of the remaining portion of said
1629.95 acre tract, a distance of 200.89 feet to a set '/2" iron rod with yellow
cap marked "Pape -Dawson", the northwest corner of a called 300.48 acre
tract, recorded in Volume 305, Pages 228-236, of the Deed Records of
Williamson County. Texas;
THENCE: S 21°01'46" E, departing the south right-of-way line of said Williamson
County Road No. 186 and the north line of the remaining portion of said
1629.95 acre tract, along and with the west line of said called 300.48 acre tract
and east line of the remaining portion of said 1629.95 acre tract, a distance of
85.97 feet to a set''/:" iron rod with yellow cap marked "Pape -Dawson";
THENCE: S 68°3T19" W, departing the west line of said called 300.48 acre tract and
east line of the remaining portion of said 1629.95 acre tract, over and across
the remaining portion of said 1629.95 acre tract, a distance of 200.34 feet to
the POINT OF BEGINNING and containing 0.395 of an acre in the
Page 1 of 2
AUSTIN / SAN ANTONIO / HOUSTON
(W0602726.2)
7800 Shoal Creek Blvd.. Suite 220 West Austin. Texas 78757
P 5l2.4.54.87ti F 512.4.59.88(i7 www.pape-dawson.com
A-1
0.395 of an Acre
Job No. 50803-00
Page 2 of 2
Extraterritorial Jurisdiction of the City of Round Rock, Williamson County,
Texas. Said tract being described in accordance with an exhibit prepared
under job number 50803-00 by Pape -Dawson Engineers, Inc.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: November 18, 2013
JOB NO.: 50803-00
DOC. ID.: H:\survey\CIVIL\50803-00\WORD\EX50803-00
TBPE Firm Registration #470
TBPLS Firm Registration #100288-00
CR 186 & University 0.395AC.doc
{W0602726.2}
A-2
PAPE-DAWSON
ENGINEERS
(W0602726.2)
A-3
EXHIBIT B
(Permitted Exceptions)
(W0602726.2) B-1
EXHIBIT C
(Site Plan)
WIDTH REQUIRED PER TIA
- 2 OUTBOUND LANES
- t LEFT TURN LANE
-2 INBOUND LANES
PROPOSED
ROW TOTAL
BO' ROW
- 4 LANE COLLECTOR
- NO MEDIAN
- 17 CENTER TWO-WAY
LEFT TURN LANE
4 STACKIN
20D'
APPROXIMATE DRIVEWAY
LOCATION TO BE
COORDINATED WITH THE
CIT Y!LANDOWNF_R TO SOUTH
APPROXIMATE ADDTi1ONAL
RIGHT INRIGHT OUT
DRIVEWAY TO BE
DETERMINED AT SITE PLAN
TAPER TO ROW
REQUIRED PER TIA
LOCAL COLLECTOR,
NO PARKING
hELSONAO1FS7EADFMALY
PARINERGIP, LiD.
36"PPURE EASEVENT -
VOL SST,Fa420
CLEO RECORDS
KttLIAIWYCOUNTY, MOM
NOTE:
UNUSED PORTION OF CR 186 TO
BE REMOVED BY THE GRANTEE.
EXHIBIT
SCALE: 1-= 200.
700'10C ;Or'
4j JOB No. SCRs -a
' DATE 12/x/13
UESIGAER
CHECKDRAWN 1E
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2 of 2
(W0602726.2)
CR 186 / TERAVISTA CLUB DRIVE 1 vm,PallINSIMWSON
AW GRIMES INTERSECTION FIR ENIUNEERS
PROPOSED ROADWAY C
ROUND ROCK, TEXAS
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4
EXHIBIT D
(Identification of Remainder Property)
63.8259 acre tract of land, more or less, out of the Mott, J. Survey, Abstract No. AW0427, Williamson
County, Texas, known as WCAD Tax Parcel No. R056317
(W0602726.2) D-1