CM-2014-408II
IIIII
11
1111111 11
SPECIAL WARRANTY DEED
IIIII
IIIII
III
DEED
11 PGS
2014014196
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.
STATE OF TEXAS
COUNTY OF WILLIAMSON
DATE: rG 2vA 1)/ 8 , 2014
GRANTOR: SPG Round Rock NS, L.P., a Delaware limited partnership
GRANTOR'S: c/o Simon Property Group, Inc.
ADDRESS 225 W. Washington Street
Indianapolis, Indiana 46204
GRANTEE: CITY OF ROUND ROCK, TEXAS
GRANTEE'S
ADDRESS:
City Of Round Rock
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
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:
3.82.3 acre tract of land, more or less, out of the EFHRAIWI EvANS
Survey, Abstract No. 2.12 , Williamson County, Texas, as more fully
described on Exhibit "A" attached hereto and incorporated herein for all purposes
(the "Property").
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;
CM -2014-408
Page 1 of 7
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 or any part hereof, by, through or under
GRANTOR, but not otherwise, subject, however, to:
(i) the restrictive covenants set forth below, which GRANTEE covenants and agrees
to perform;
(ii) the right of reverter retained by GRANTOR, as set forth below; and
(iii) 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 as a portion of the right
of way for the roadway as depicted on the attached Exhibit "B" and for the construction,
maintenance and improvement of permitted utilities therein.
(2) In the event the portion of the Property to be used for the Roadway Improvements
is not constructed and open to the public within seven (7) years from the date of execution of this
document or ceases to be used as a public roadway for any period in excess of twelve (12)
consecutive months, 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 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 easements for any underground
utilities previously constructed within the Property.
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
Page 2 of 7
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.
This instrument shall not become binding until signed by GRANTOR and GRANTEE.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURES BEGIN ON THE FOLLOWING PAGE.
Page 3 of 7
Right of Way Deed
Round Rock Plaza
Grantor's Signature Page
IN WITNESS WHEREOF, Grantor has executed this instrument as of the 31st day of
January , 2014.
GRANTOR:
SPG ROUND ROCK NS, L.P., a Delaware limited partnership
By: CPG TEXAS FINANCE I LLC, a Delaware limited liability company,
its general partner
By:
Printed: Richard S. Sokolov
Title: Vice President
STATE OF INDIANA
) SS:
COUNTY OF MARION
Re/Ntar
Bef re e, a of P blic in and for said County and State, personally appeared
�OV , to me personally known as the
V eS1d en of CPG Texas Finance I, LLC, a
Delaware limited liability company, the general partner of SPG Round Rock NS, L.P., a
Delaware limited partnership, who acknowledged his execution of the foregoing instrument for
and on behalf of said limited partnership.
W TNESS my hand and '`g rial seal this 3 day of " b _' , 2014.
Notar Public
Gail E. Phillips
Resident Ot
Marion County
My Commission Expires:
5/15/2016
Page 4 of 7
Right of Way Deed
Round Rock Plaza
Grantee's Signature Page
IN WITNESS WHEREOF, Grantee has executed this instrument as of the 216` day of
r615oe sty , 2014.
GRANTEE:
CITY OF ROUND ROCK, TEXAS
Printed: J%�i/ i�L/�iea0,04
Title: r)/
STATE OF TEXAS
COUNTY OF 14.1�f r6:fS t
S(V t -k*-ti ooc'
BEFORE ME, the undersigned authority, on this day personally appeared ,
of the City of Round Rock, 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 this2 day of , 2014.
1
MONIQUE ADAMS
MY COMMISSION EXPIRES
SWINI1bsr 18, 2015
7uCtik -041‘41—Fr
Notary Public ' State of Texas
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
Page 5 of 7
EXHIBIT A
Legal Description of the Property
Page 6 of 7
EXHIBIT "A"
3.823 ACRES
SIMON PROPERTY GROUP
OAKMONT RIGHT-OF-WAY
DESCRIPTION
FN.NO. 14-029(KWA)
JANUARY 30, 2014
BPI JOB NO. 80103294-10020
OF A 3.823 ACRE TRACT 01 LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 54.492 ACRE
REMAINDER TRACT CONVEYED TO SPG ROUND ROCK NS, LP, BY DEED OF
RECORD IN DOCUMENT NO. 2005040170 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 3.823 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod with "BURY" cap set in the
northerly right-of-way line of Teravista Parkway (100' R.O.W.),
being the southeasterly corner of Lot 1A, Block "B", CPG Partners
Commercial Tract Section 4 - Replat of Block "B", a subdivision of
record in Document No. 2012071042 of said Official Public Records,
for the southwesterly corner hereof;
THENCE, leaving the northerly right-of-way line of Teravista
Parkway, along the easterly line of said Lot 1A, for the westerly
line hereof, the following four (4) courses and distances:
1) Along a curve to the right, having a radius of 1350.00 feet,
a central angle of 20°00'02", an arc length of 471.25 feet,
and a chord which bears, N09°35'17"E, a distance of 468.86
feet to a 1/2 inch iron rod with "BURY" cap set at the point
of tangency of said curve;
2) N19°35'18"E, a distance of 244.39 feet to a 1/2 inch iron rod
with. "BURY" cap set at the point of curvature of a curve to
the left;
3) Along said curve, having a radius of 2950.00 feet, a central
angle of 12°59'17", an arc length of 668.72 feet, and a chord
which bears, N13°05'40"E, a distance of 667.29 feet to a 1/2
inch iron rod with "BURY" cap set at the point of tangency of
said curve;
4) N06°36'01"E, a distance of 268.40 feet to a 1/2 inch iron rod
with "BURY" cap set in the southerly line of that certain
19.4894 acre tract of land conveyed to KDR Equities, LLC by
deed of record in Document No. 2012082150 of said Official
Public Records, for the northwesterly corner hereof;
FN 14-029(KWA)
JANUARY 30, 2014
PAGE 2 of 3
THENCE, N66°36'31"E, along the southerly line of said 19.4894 acre
tract, being the northerly line of the remainder of said 54.492
acre tract, for the northerly line hereof, a distance of 94.38
feet to a 1/2 inch iron rod found in the westerly line of that
certain 76.27156 acre tract of land conveyed to Charles Terry
Isaacks by deed of record in Document No. 2013054014 of said
Official Public Records, for the northeasterly corner hereof;
THENCE, along the westerly line of. said 76.27156 acre tract, for a
portion of the easterly line hereof, the following two (2) courses
and distances:
1) S20°04'24"E, a distance of 16.10 feet to a 1/2 inch iron rod
found for an angle point;
2) S20°56'54"E, a distance of 23.84 feet to a 1/2 inch iron rod
with "BURY" cap set at the most northerly corner of Lot 1,
Block "C", The Final Plat of CPG Partners Commercial Tract
Section 5, a subdivision of record in Cabinet "BB", Slides
60-61 of the Plat Records of Williamson. County, Texas, for an
angle point hereof;
THENCE, leaving the westerly line of said 76.27156 acre tract,
along the westerly line of said Lot 1, for a portion of the
easterly line hereof, the following four (4) courses and
distances:
1) S06°36'01"W, a distance of 280.05 feet to a 1/2 inch iron rod
with "BURY" cap set at the point of curvature of a curve to
the right;
2) Along said curve, having a radius of 3050.00 feet, a central
angle of 12°59'17", an arc length of 691.39 feet and a chord
which bears, S13°05'40"W, a distance of 689.91 feet to a 1/2
inch iron rod with "BURY" cap set at the point of tangency of
said curve;
3) S19°35'18"W, a distance of 244.39 feet to a 1/2 inch iron rod
with "BURY" cap set at the point of curvature of a curve to
the left;
4) Along said curve, having a radius of 1250.00 feet, a central
angle of 19°26'52", an arc length of 424.28 feet and a chord
which bears, S09°51'52"W, a distance of 422.25 feet to a 1/2
inch iron rod with "BURY" cap set in the northerly right-of-
way line of Teravista Parkway, being the southwesterly corner
of said Lot 1, for the southeasterly corner hereof;
FN 14-029(KWA)
JANUARY 30, 2014
PAGE 3 of 3
THENCE, S82°43'03"W, along the northerly right-of-way line of
Teravista Parkway, for the southerly line hereof, a distance of
100.78 feet to the POINT OF BEGINNING, and containing an area of
3.823 acres (166,523 sq. ft.) of land, more or less, within these
metes and bounds.
ALL BEARINGS ARE REFERENCED TO THE STATE PLANE COORDINATE SYSTEM,
TEXAS CENTRAL ZONE IN TERMS OF NAD 83/93 DATUM EXPRESSED IN U.S.
SURVEY FEET. SURFACE DISTANCES SHOWN HEREON MAY BE CONVERTED TO
GRID BY MULTIPLYING BY THE COMBINED FACTOR OF 0.999870053. THIS
BASIS OF BEARINGS IS BASED UPON THE SAME SURVEY CONTROL FOR THE
TERAVISTA SUBDIVISION DEVELOPMENT.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
BURY -AUS, INC.
221 WEST SIXTH STREET
SUITE 600
AUSTIN, TEXAS 78701
JOHN T BILNOSKI
R.P.L NO. 4998
STATE OF EXAS
TBPLS # F-10107500
EXHIBIT B
Right of Way and Roadway Sketch
Page 7 of 7
EXHISR"
1
19.4894 ACRES
KDR EQU/TIES, LLC
DOCUMENT NO. 2012082150
S66'36'31 "W 1289.39'
11111111111111111111 MINN
0 100 200 300 400
1"-200'
LEGEND
1/2"
1/2"
POINT OF BEGINNING
IRON ROD
IRON ROD
FOUND (UNLESS NOTED)
WITH "BURY" CAP SET
LOT 1A, BLOCK " B'
CPG PARTNERS COMMERCIAL TRACT
SECTION 4 - REPEAT OF BLOCK " B"
DOCUMENT NO. 2012071042
FUTURE LOT 2, BLOCK A "
CPC PAR TNERS COMMERCIAL TRACT — A
REPLA T OF LOT 1A AND 5A,
BLOCK B" SECT/ON 4 AND A
FINAL PLA T OF SECTION 6
76.27156 ACRES
CHARLES TERRY /SHACKS
DOCUMENT NO. 2013054014
L3
-L4
L5
3.823 ACRES
(166,523 SQ. FT.)
REMAINDER OF 54.492 ACRES
SPG ROUND ROCK NS, LP
DOCUMENT NO. 2005040170 0
ti
TERAVISTA PARKWAY
(100' R.O.W.)
(DOCUMENT NO. 2005099184)
-)
0 to
1
UQ0 :oto
X<c0 0 1.14
Q0.co
oA
>,,zU
U
P.O.B.
WESTERLY LINE OF
WILLIAMSON COUNTY
MUD 10
L9
L!R
BURY
221 West Sixth Street, Suite 600
Austin, Texas 78701
TeL (512) 328-0011 Fax (512) 328-0325
TBPE 4 F-1048 TBPLS # F-10107500
Copyright ® 2014
LINE TABLE
No,
Bearing
Distance
L1
N19'3518"E
244.39'
L2
N06'36'01 "E
268.40'
L3
N66'36'31 "E
94.38'
L4
S20'04'24"E
16.10'
L5
S20'56'54"E
23.84'
L6
S06'36'01 "W
280.05'
L7
S19'35'18"W
244.39'
L8
S82'43`03"W
100.78'
L9
S42'46'27"W
36.14'
CURVE TABLE
No.
Delta
Radius
Arc Lenath
Chord Length
Chord Bearing.
C1
20'00'02"
1,350.00'
471.25'
468.86'
N09'35'17"E
C2
12'59'17"
2,950.00'
668.72'
667.29'
N13'05'40"E
C3
12'59'17"
3,050.00'
691.39'
689.91'
_
S13'05'40"W
C4
19'26'52"
1,250.00'
424.28'
422.25'
S09'51'52"W
SKETCH TO ACCOMPANY DESCRIPTION
OF A 3.823 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, SITUATED IN THE CITY OF ROUND ROCK,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN
54.492 ACRE REMAINDER TRACT CONVEYED TO SPG ROUND ROCK NS,
LP, BY DEED OF RECORD IN DOCUMENT NO. 2005040170 OF THE
OFFICIAL PUBUC RECORDS OF WILLIAMSON COUNTY, TEXAS.
SIMON PROPERTY
GROUP
DATE: 01/30/14
FILE: H: \103294\020\103294020EX1.DWG
FN No.: 14-029(KWA)
DRAWN 8Y: KWA
PROJ. No: R0103294-10020
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014014196
E. u,
03/03/2014 03:33 PM
DPEREZ $61.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
..,