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CM-2016-1019 - 1/15/2016ELECTRONIC,. LY RECORDED 2016010341 Williamson County Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY 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. DEED WITHOUT WARRANTY MLLIAMSON COUNTY, TEXAS CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership ("Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock. ("Grantee"), whose mailing address is 221 E. Main Street, Round Rock, TX., 78664, the receipt and sufficiency of which consideration is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set forth or referred to herein, the following described real property, together with all improvements thereon, if any (the "Property"), to -wit: Lot 14, Block A (1.302 acres, greenbelt) Preserve at Stone Oak, Phase 2, Section 3, according to the map or plat thereof recorded in Document No. 2000051319, Cabinet S, Slides 394,395 and 396 of the Plat Records of Williamson County, Texas; TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns, forever, but without warranty of title or any other warranty of any kind or nature, and without limitation on such disclaimer of warranties, Grantee, by acceptance of this Deed Without Warranty, hereby acknowledges and agrees: (i) that this conveyance is made by Grantor and accepted by Grantee subject to any restrictions and easements affecting the property; (ii) that this conveyance is made by Grantor and accepted by Grantee subject to all liens securing the payment of taxes for the current and all subsequent years, as well as to all easements, rights-of-way, prescriptive rights, encroachments, overlapping of improvements, discrepancies, conflicts, leases, reservations, mineral severances, restrictions, covenants, conditions, regulations, riparian rights and other title exceptions or claims of any kind or nature affecting the Property; and (iii) that this conveyance is made by Grantor and accepted by Grantee. Grantee hereby assumes the payment of all ad valorem taxes and assessments for the calendar year 2016 and all subsequent years. BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS CONVEYANCE, GRANTOR HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING (a) THE NATURE AND CONDITION OF THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, THE SUITABILITY THEREOF AND OF THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY ELECT TO CONDUCT THEREON, THE EXISTENCE OF ANY ENVIRONMENTAL HAZARDS OR CONDITIONS THEREON (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ASBESTOS OR OTHER HAZARDOUS MATERIALS) OR COMPLIANCE WITH APPLICABLE ENVIRONMENTAL LAWS, RULES OR REGULATIONS; (B) THE NATURE AND 1 10/14/2015 EXTENT OF ..ANY RIGHT' -OF -WAY, LEASE, RIGHT OF: POSSRESSION1, LIEN, ENCUMBRANCE LICENISF, RESERVATION, CONDITION OR OTHERWISE,. AND (C) 1111Z CO-INUILIANCE OF THE PROPERTY OR. OTHER ITEMS CONWEYED HEREUNDER OR ITS OPERATION INUIJ ANY: LAWS, ORDINANCES OR REGULATIONS OF: ANY GOVERNMENTAL EMITI-Y OR BODY. GKkNTEE ACKNO­VVT,F,DGFS: THAT IT: HAS. INSPECTED THE PROPERTY: OR OTHER ITE S CONVEYED HEREUNDER AND THAT IT IS RELYING: SOLELY* ON ITS O"TN . I . N .VES ITGATION VESTIGATION OF THE SAINTE AN.T.D NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ORON 'BET -1W OF GRANTOR, EFURTH GRANTE ER ACKNO-vVLEDGES TI -IAT ANY INIF ORNIATION PROVIDED WfrH RESPECT TO THE PROPERTY'OR OTHER:ITEMS CONVEYED HERET.-UNDERAWAS oBUWF.,p moo ,I .A VARIETY Or SOURCES, AND GRANTOR. (1) HAS NOT MADE. .ANY INDEPENDENNT INVESTIGXrJOIN OR VERIFICATION OF SUCH.INFORMIA-TION; AND (2). DOES NOT MAKE ANY REPRESENTATIONS A.S TO. THE ACCUaACY OR COMPLETENESSOFSUCH INFORMA310N. TMS CONVEYANCE TSMAI)E ON AN "ASIS!', "11HERE: AND. "WITH: ALLTAULTS"' BASIS; AND :GRANTEE EXPRESSLY ACKNOWLEDGES THAT GRANTOR HAS MADE NO 11VARRANTY OR REPREStNTAUGNT,. EX -PRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN OT LINUTED TO, ANY WARRANTY OF CONDITIONT, TITLE,. HABITABILITY., MERCHANTABILITY OR FITNESS FOR A PARUCULAR. PURPOSE ATITH RESPECT' TO TI -IE PROPERTY, ANY OTHER ITEM CONVEYED FTERE UNDERO A PORTION THEREOF, ALL SUCH J . R ANY REPRESENTATIONS AND WARRANTIES, AS 5 W ELL A.S. ANY 11APLIED 1ATARRAINTIES, BEING TIERRE BY EXPRESSLY DISCLXTMED: 0� 2015. EXECUTED;to be effective as of the�-- d 1 " ay of E, GRANTOR., CONTINENTAL HOMESOF TEXAS,. L.P., a Texas limited partnership -(H TEX of Texas,lnc.,. a D61aware Corpora pnerdl partner: k' A M, Z" 1�icdhard Maier,, Vice Presi- dim THESTATE OF TELA' , . 2 15 b'- �kckllqi le before nye on this: the.��:day c j Ay: This in* struMent. Wa led -te x 0 of CHTEX of Texts, Inc., a: Delaware corpm mntion, eneral Partner f Continental General Q. gital Homes of Texas;. L.P., a Texas.:.im ited partnership, on of said Co said b iteApartnership, Cor and im `* - Z*. ;.Z (SEA 2 '10/14/2015- V I ww I WV•"T , , Ltut V WE V ACKNOWLEDGED AND AGREED: City of Round Rock By Printed Name- AL i C. �' � �;�. �;''i.✓ Title - THE STATE OF TEK4S � COUNTNI' OF W", i 1: A 6 ?7ti u)strutxcex)t was acklx).vledgeci befor+� me this any of•_�A 201A by �qv� i Efa. � G % �+�� •� tai t,+ ..( �_scK c � o.� (SEAL; fk:•.y {�Tvt�i. fLAIQTSV�}G Fx b 1 "s MY COW ASS10N EXP3RES ...... ,.�. Notary Public Si -nature 2016010341 4^ •. . •NJ* 22,2019 Electronically Recorded OFFICIAL PUBLIC RECORDS A.PIT11 RECORDING RETURN TO., Yath.y Fxazier 11 J�E z4u D.R. Iiortnn 110700 Pecan Park Blvd.., Scute 400 Nancy E. Rister, County Clerk Atcstin, Teas 78750 2/8/2016 8:53 AM 3 Pages: 3 Fee: $ 29.00 t(? l.4!?tll `,; ��ti `t (;)�4, . (:�( Williamson County Texas 4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY 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. DEED WITHOUT WARRANTY IWLLL4MSON COUNTY, TEXAS CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership ("Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock. ("Grantee"), whose mailing address is 221 E. Main Street, Round Rock, TX., 78664, the receipt and sufficiency of which consideration is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set forth or referred to herein, the following described real property, together with all improvements thereon, if any (the "Property"), to -wit: Lot 14, Block A (1.302 acres, greenbelt) Preserve at Stone Oak, Phase 2, Section 3, according to the map or plat thereof recorded in Document No. 2000051319, Cabinet S, Slides 394,395 and 396 of the PIat Records of Williamson County, Texas; TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns, forever, but without warranty of title or any other warranty of any kind or nature, and without limitation on such disclaimer of warranties, Grantee, by acceptance of this Deed Without Warranty, hereby acknowledges and agrees: (i) that this conveyance is made by Grantor and accepted by Grantee subject to any restrictions and easements affecting the property; (ii) that this conveyance is made by Grantor and accepted by Grantee subject to all liens securing the payment of taxes for the current and all subsequent years, as well as to all easements, rights-of-way, prescriptive rights, encroachments, overlapping of improvements, discrepancies, conflicts, leases, reservations, mineral severances, restrictions, covenants, conditions, regulations, riparian rights and other title exceptions or claims of any kind or nature affecting the Property; and (iii) that this conveyance is made by Grantor and accepted by Grantee. Grantee hereby assumes the payment of all ad valorem taxes and assessments for the calendar year 2016 and all subsequent years. BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS CONVEYANCE, GRANTOR HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING (a) THE NATURE AND CONDITION OF THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, THE SUITABILITY THEREOF AND OF THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY ELECT TO CONDUCT THEREON, THE EXISTENCE OF ANY ENVIRONMENTAL HAZARDS OR CONDITIONS THEREON (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ASBESTOS OR OTHER HAZARDOUS MATERIALS) OR COMPLIANCE WITH APPLICABLE ENVIRONMENTAL LAWS, RULES OR REGULATIONS; (B) THE NATURE AND 10/14/2015 EXTENT OF ANY RIGHT-OF-WAY, LEASE, RIGHT OF POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHERWISE; AND (C) THE COMPLIANCE OF THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER OR ITS OPERATION WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL ENTYPY OR BODY. GRANTEE ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER AND THAT IT IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE SAME AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY OR ON BEHALF OF GRANTOR. GRANTEE FURTHER ACKNOWLEDGES THAT ANY INFORMATION PROVIDED WITH RESPECT TO THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER WAS OBTAINED FROM A VARIETY OF SOURCES, AND GRANTOR (1) HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION; AND (2) DOES NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THIS CONVEYANCE IS MADE ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" BASIS, AND GRANTEE EXPRESSLY ACKNOWLEDGES THAT GRANTOR HAS MADE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, TITLE, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROPERTY, ANY OTHER ITEM CONVEYED HEREUNDER OR ANY PORTION THEREOF, ALL SUCH REPRESENTATIONS AND WARRANTIES, AS WELL AS ANY IMPLIED WARRANTIES, BEING HEREBY EXPRESSLY DISCLAIMED. EXECUTED to be effective as of the-1day of2015. GRANTOR: CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership By: CHTEX of Texas, Inc., a Delaware corporation its general partner < By: / G ' _� Printed Name:&_1 ,�n . r t Ma re f" Title: � cle. THE STATE OF TEXASI § COUNTY OF1� it t -L-4 AMD%U § Thi instrument w ackn ledged before me on this the day of - �'� 2015, by of CHTEX of Texas, Inc., a Delaware corporation, General Partner of Continental Homes of Texas, L.P., a Texas limited partnership, on behalf of said corporation and said limited partnership. N, SYLVIA ANN CAZARES �: tet; • %': (SEA _ _. 5 Notary Public, state of Texas My Commission Expires May 09, 2016 t ry a e 10/14/2015 ACKNOWLEDGED AND AGREED: City of Round Rock By -.60 / r Printed Name: Title: L THE STATE OF TEXAS § COUNTY OF W; 11: A § 6 This instrument rwas acknowledged before me this i5 day of �•��A� 201/, by L.,tvr,e Na.f C;T, MA,.w./[( of 4v^o( 90eV— rCr+-j. of 1. (SEAL) i TARA C. AMBROSE ` = Nota Public Signature *. "= MY COMMISSION EXPIRES Notary July 22, 2019 AFTER RECORDING RETURN TO: Kathy Frazier D.R. Horton 10700 Pecan Park Blvd., Suite 400 Austin, Texas 78750 3 10/14/2015 GM, 20/b - W CM -2016-2019 AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK CITY MANAGERS OFFICE ATTN: MONIQUE ADAMS 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 City of Round Rock F� TEEX SO ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Deed Without Warranty from Continental Homes of Texas, L.P. regarding the Preserve at Stone Oak. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/15/2016 Dept Director: Steve Sheets Cost: Indexes: Attachments: 00349775.PDF, 00349750.PDF Department: Legal Department Text of Legislative File CM -2016-1019 Consider executing a Deed Without Warranty from Continental Homes of Texas, L.P. regarding the Preserve at Stone Oak. Staff recommends approval. City of Round Rock Page 1 Printed on 1/15/2016