Contract - Sunrise Burger, Ltd - 4/28/2016REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SUNRISE
BURGER, LTD., a Texas limited partnership, (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 0.119 acre tract of land, out of and situated in the Ephraim
Evans Survey, Abstract No. 212, and the Barney C. Low Survey, Abstract No.
385, in Williamson County; being more fully described by metes and bounds in
Exhibit "A", attached hereto and incorporated herein Parcel 7); and
Temporary Construction Easement interest in and to that certain 0. 10 16 acre tract
of land, more or less, out of and situated in the Ephraim Evans Survey, Abstract
No. 212, and the Barney C. Low Survey, Abstract No. 385, in Williamson County;
being more fully described as shown in Exhibit `B", attached hereto and
incorporated herein (Parcel 7TCE)
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, the acquisition of any improvements on the
Property described in Exhibit "A", and any damage to the remaining property of Seller, shall be
the sum of ONE HUNDRED FIFTEEN THOUSAND and 00/100 Dollars ($115,000.00).
00355195.DOC( O�p�
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
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.
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.
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ARTICLE V
CLOSING
Closing
5.01. The Closing shall be held at the office of Capital Title Company on or before May
31, 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 Deed
conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A",
and a duly executed and acknowledged Temporary Construction 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;
(b) Any exceptions 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 Temporary
Construction 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
3
(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 acquired in
fee simple 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.
M
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 parry.
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 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
effective as originals for purposes of this Contract.
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SELLER:
SUNRISE BURGER, LTD.,
a Texas limited partnership
By:
Printed Name: J? T r ey
Its: MeV
Date: L/ - () - %CP
PURCHASER:
CITY OF ROUND ROCK, TEXAS
Address: 1 q 06 V &W N
�Us��� 761'717
By: Address: 221 East Main St.
-Alana3cnr . Round Rock, Texas 78664
GPe*vv1�+-fie, voy r �Rv -TOM
Date: � • V�) • ( �-
7
EXHIBIT "A"
Variable Width Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.119 ACRE TRACT OF LAND OUT OF THE
SUNRISE BURGER, LTD. TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.119 ACRE (5,200 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 AND THE BARNEY C. LOW SURVEY,
ABSTRACT NO. 385, WILLIAMSON COUNTY, TEXAS; SAID 0.119 ACRE TRACT BEING
A PORTION OF LOT 1, BLOCK A, TERAVISTA COMMERCIAL 1 SUBDIVISION, PHASE
TWO, FILED ON JUNE 8, 2006, AND RECORDED IN CABINET BB, SLIDES 375-376 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 0.119
ACRE TRACT ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN A CORRECTION WARRANTY DEED TO SUNRISE BURGER, LTD.,
FILED ON OCTOBER 5, 2009, AND RECORDED IN DOCUMENT NO. 2009073046,
O.P.R.W.C.T.; SAID 0.119 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a cut "X" in concrete found marking the southeast corner of said Lot 1 and the herein
described tract, said point also marking the intersection of the northerly right-of-way (R.O.W.) line of
University Boulevard (a variable width R.O.W.) and the westerly R.O.W. line of Sunrise Road (a variable
width R.O.W.);
THENCE South 69° 16' 16" West, departing the westerly R.O.W. line of said Sunrise Road, and with the
common northerly R.O.W. line of said University Boulevard and the southerly line of said Lot 1, a
distance of 297.70 feet to a 1/2 -inch iron rod found marking the southwest corner of said Lot 1 and the
herein described tract;
THENCE North 17° 04' 25" West, with the west line of said Lot 1, a distance of 17.27 feet to a 1/2 -inch
iron rod with aluminum cap stamped "CORR ROW" (hereafter referred to as "CORR cap") set for the
northwest corner of the herein described tract, and from which a cotton spindle found marking the
southeast corner of Lot IA, Block A, Replat of Lot 1, Block A, Scott and White Subdivision, Section
One, filed on March 26, 2008, and recorded in Cabinet EE, Slides 224-227, P.R.W.C.T. bears North 17°
04' 25" West, at a distance of 4.75 feet;
THENCE traveling across the interior of said Lot 1, same being the proposed northerly R.O.W. line of
said University Boulevard, the following three (3) calls:
1) North 70° 00' 51" East, a distance of 79.36 feet to a 1/2 -inch iron rod with "CORR cap" set for a
corner of the herein described tract;
2) North 69° 17' 30" East, a distance of 190.94 feet to a 1/2 -inch iron rod with "CORR cap" set for
a corner of the herein described tract;
Page 1 of 3
Exhibit "A" continued
Description of a 0.119 acre tract
3) North 24° 43' 43" East, a distance of 37.58 feet to a 1/2 -inch iron rod with "CORR cap" set for
the northernmost northeast corner of the herein described tract, said point also being on the
common westerly R.O.W. line of said Sunrise Road and the easterly line of said Lot 1;
THENCE South 20° 04' 43" East, with the common westerly R.O.W. of said Sunrise Road and the
easterly line of said Lot 1, a distance of 42.51 feet to the POINT OF BEGINNING of the herein
described tract, delineating and encompassing within the metes recited 0.119 acre (5,200 square feet) of
land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round
Rock, Texas in September of 2014.
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 §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4715 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.
020(
Page 2 of 3 -'�'°
..........................:....
DANIEL M. FLAHERTY
"" ... """""""'"v;""
Daniel M. Flaherty, R.P.L.S. No. 5004
The Wallace Group, Inc.
5004%0 Q
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2�
One Chisholm Trail, Suite 130
.........
.....
Round Rock, Texas 78681
Ph. (512) 248-0065
See attached Plat No. A-4715
09-12-2014
22824-FN05.doc
Date
020(
Page 2 of 3 -'�'°
EXHIBIT `tA"
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
A 0.119 ACRE (5,200 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
V 05
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A85TgA
SCALE: f" = too' SUNRISE BURGER, LTD.
DETAIL: "A" DOC. NO. 2009073046
NOT TO SCALE O.P.R.W.C.T.
I FILED: OCTOBER 5, 2009
LOT to
BLOCK A
REPLAT OF
LOT 1. BLOCK A
SCOTT AND WHITE SUBDIVISION
SECTION ONE
CAB. EE. SL 224-227
P.R.W.C.T.
FILED: MARCH 26, 2008
Sp�N��F ON
"IVQ�
N 17'04'25" W - 4.75'
N 17'04'25" W - 17.27'----
F
1
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LOT 1
BLOCK A
TERAVISTA COMMERCIAL 1 SUBDIVISION
PHASE TWO
CAB. BB, SL 375-376
P.R.W.C.T.
FILEN JUNE 8, 2006
SEE PROPOSED
DETAIL "A" N 24'43.43' E
N 7R.O.W. LINE 37.58'
\ 7g Y
36'' E ) N 6917'30' E - 190.94' 1
VARIABLE WIDTH R.O.W. ACQIASITIOh
0.119 ACRE (5,20D SQ. FT.)
S 69'16'16' W - 297.70'
R.O.W. LINE
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R.O.W.)
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.
LOT 24
GOLF COURSE
TERAVISTA SECTION 109
CAB. BB, SL 363-365
P.R.W.C.T.
FILED: JUNE 1. 2006
-S 20'04'43' E - 42.51'
IT "X" FND.
IN CONC.
FIELD NOTE
POINT OF
BEGINNING
LEGEND
®= FOUND MONUMENT
®= 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
The Wallace Group Inc. of
One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 r�61)R�ffc
5 TfiEngineers ® Architects ® Planners ® Surveyors Waco * Killeen * Dallas * Round RockBPLS 10054701 TBPE F-54 Vii. FLAHERTY
1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ?� 5004 Q�
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LANDS':°F�ss�°?'��
SURVEYS IN THE STATE OF TEXAS. THIS THE _12TH DAY OF SEPTEMBER. 2014. �'Q''"' •"''
` ��
SURVEYED: 09-08-2014 (� �ANIEEE'M. FLAHERTY RPLS N 4 3 OF 3
0 0 200 PLAT No. A-4715 DRAFT DATE 09-12-2014 DRAWN BY - V
SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 195L9 TAB # A-4715
0 2014 ALL RIGHTS RESERVED DIGITAL FILE 22824R -PARCELS F/N # 22824-FN05
EXHIBIT "B"
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Parcel 7
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 SUNRISE BURGER, LTD., a Texas limited partnership, hereinafter referred to as
Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to Grantor in hand paid by 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 0.119 acre (approximately 5,200 Sq. Ft.) in the Ephraim Evans
Survey, Abstract No. 212, and the Barney C. Low Survey, Abstract No. 385,
Williamson County, Texas; being more fully described by metes and bounds in Exhibit
"A", attached hereto and incorporated herein (Parcel 7
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, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
00355198.130C
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 Properly
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.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of A/JLL ,
2016.
GRANTOR:
SUNRISE BURGER, LTD.,
a Texas limited partnership
By:
Printed Name: -+� -fr CY Z -
I
Its: - `
2.
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF W 1 L_L 1 iaMS QPt §
This instrument was acknowledged before me on this theTVA day of A?)2 k L ,
2016 --by SlYrl2d LPj--i i— T" , in the capacity and for the purposes and consideration
recited therein.
ANDREW DYEA Notary ublic, Sta of Texas
My Commission Expires
March 29, 201E
or e
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. IF
EXHIBIT "D"
TEMPORARY CONSTRUCTION EASEMENT
University Boulevard Improvements
KNOW ALL PERSONS BY THESE PRESENTS:
That SUNRISE BURGER, LTD., a Texas limited partnership (hereafter referred to as
"Grantor"), whether one or more, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration paid by the City of Round Rock, Texas, the receipt of which is hereby
acknowledged, does hereby grant to the CITY OF ROUND ROCK, TEXAS its agents,
contractors, successors and assigns (referred to as "Grantee"), a temporary construction easement
for the purpose of (1) constructing proposed University Blvd. roadway, retaining wall and related
facilities within the adjacent right of way owned or acquired by Grantee, and (2) constructing
and/or reconstructing Grantor's existing driveway entrance from the proposed University Blvd.
improvements ("Project") to the remaining property of Grantor, and any associated grading and
drainage therewith, in, along, upon and across the property described in Exhibit "A" ("the
Property") as necessary to carry out the purposes of this easement. The removal and/or
construction of any improvements, driveway, curbs, parking lot, or other related facilities on the
Property shall be in the location of, subject to, and shall comply with any notes, details,
specifications or other requirements or restrictions as shown on the plan sheets attached as
Exhibit `B" and incorporated herein.
The parties agree further as follows:
Following completion of work within the temporary construction easement area described
in Exhibit "A", Grantee shall at its expense and within ninety (90) days of completion of the
work restore any Property injured or damaged by Grantee's use of the Property and activities
thereon, including specifically landscaping, irrigation, parking, pavement, signage, lighting or
vegetation, as closely as possible to substantially the same condition or better than existed
previous to Grantee's entry upon the Property, taking into consideration the use and purposes to
which the Property is to be put.
This temporary construction easement shall be in full force and effect at all times during
the accomplishment and completion of the construction activities described above. This
temporary construction easement shall terminate and the easement rights and improvements
constructed within the easement area, if any, shall revert to and become the responsibility of the
Grantor, Grantor's successors, and assigns, and all interest conveyed shall terminate on the
earlier of (a) the expiration of two (2) months after the beginning of the work upon the Property,
or (b) on the date of completion of construction of the Project.
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.
0
At no time during the grant of this easement shall Grantor be denied reasonable driveway
ingress and egress to its remaining property for the purposes to which the parent tract is currently
being put, unless there is an agreement to do so between Grantor and Grantee in advance. At no
time during the grant of this easement shall Grantor be denied access to the existing underground
storage tank surface openings, unless there is an agreement to do so between Grantor and Grantee
in advance.
At no time during the grant of this easement shall Grantee, its agents or contractors be
allowed to store machinery or materials within the easement area unattended or during periods
where no active construction work is being performed in the right of way adjacent to the
easement area.
This conveyance is subject to all easements and rights of way of record, visible or
apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other
mineral leases, mineral severances and other instruments that affect the Property.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on this � 14
day of '/ / , 2016.
SUNRISE BURGER, LTD.,
a Texas limited partnership
Its:
Acknowledtment
State of Texas §
County of W�L��f'+N�Sor� §
This instrument was acknowledged before me on this the -7TH day of PO?9 IL
2016 by-3QYZ1y L"LQ- 2a�1`tV in the capacity and for the purposes and
consideration recited herein.
ANDREW DMSA
My Commission Expires
March 29, 2018
pq
Notaryublic, State of Texas
12
AGREED:
CITY OF ROUND ROCK, TEXAS
By: is t." 5— �") L'�
Its:
Acknowledgment
State of Texas
County of Williamson
d'tay
This instrument was acknow eded before me on this the of -&�t'
2016 by in the capacity and for tO purposes and
consideration recited hereitP
9AV11- vtw(f
Notary Public, State of Texas
U