CM-2016-1220 - 10/25/2016REAL ESTATE CONTRACT
Heritage Trail
THIS REAL ESTATE CONTRACT ("Contract") is made by and between KAHA
PROPERTIES, LLC, (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 2.354 acre tract of land, more or less, out of and situated in the
P.A. Holder Survey, Abstract No. 297 in Williamson County; being more fully
described in Exhibit "A", attached hereto and incorporated herein Parcel 6)
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 described in Exhibit "A", and the acquisition of
any improvements on the Property, shall be the sum of THIRTY FIVE THOUSAND THREE
HUNDRED SEVENTY ONE and 00/100 Dollars ($35,371.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
Ali -ZOIC -122-0
00363285.DOC
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 perfonned, 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.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
November 7"', 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 Deed
conveying good and indefeasible title in fee simple to all of 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;
(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 "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.
3
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.
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.
M
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.
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.
SELLER:
KAHA PROPERTIES, LLC
Keith Hickman, Manager
Rebecca Hickman,"Manager
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
Date:
Address: 221 East Main St.
Round Rock, Texas 78664
Page 1 of 5
County: Williamson 08/17/16
Parcel: Parcel 6 (KAHA Properties)
Project: Heritage Trail
EXHIBIT A
PROPERTY DESCRIPTION FOR PARCEL 6
DESCRIPTION OF A 2.354 ACRE (102,535 SQUARE FOOT), TRACT OF LAND SITUATED IN THE P. A. HOLDER
SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE REMAINDER OF THAT
CALLED 3.708 ACRE TRACT (TRACT 1) OF LAND CONVEYED TO KAHA PROPERTIES BY INSTRUMENT
RECORDED IN DOCUMENT NO. 2012046864 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 2.354 ACRE (102,535 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found in the easterly boundary line of said Tract 1, being the most southerly southwest
corner of that called 20.895 acre tract of land conveyed to the FSC Rocking Horse Ranch Associates, LLC by
instrument recorded in Document No. 2012022307 of the Official Public Records of Williamson County, Texas, same
being the most northwesterly corner of that called 5.3992 acre tract of land conveyed to the City of Round Rock,
Texas by instrument recorded in Document No. 9712000 of the Official Records of Williamson County, Texas;
1) THENCE, departing said 20.895 acre tract, with the common boundary line of said Tract 1 and said 5.3992 acre
tract, S 02°03'22" E, passing at a distance of 29.62 feet the called southeasterly corner of said Tract 1, and
continuing for a total distance of 219.80 feet to the approximate centerline of Brushy Creek, being the
southwesterly corner of said 5.3992 acre tract, same being in the northerly boundary line of that called 10.727
acre tract of land conveyed to Tilden W. and Kimberly J. Baack by instrument recorded in Document No.
2000036940 of the Official Public Records of Williamson County, Texas, for the southeasterly corner of the
herein described tract;
THENCE, departing said 5.3992 acre tract, with said approximate centerline of Brushy Creek, same being the
common boundary line between said Tract 1 and said 10.727 acre tract, represented by the following three (3)
courses (for area calculations only):
2) N 48°34'04" W, for a distance of 251.52 feet to a calculated angle point;
3) N 13°53'07" E, for a distance of 106.14 feet to a calculated angle point;
4) N 65°45'30" W, for a distance of 2.46.30 feet to a calculated angle point, being the southeasterly comer of that
called 0.317 acre tract of land conveyed to said Tilden W. and Kimberly J. Baack by instrument recorded in said
Document No. 2000036940 of the Official Public Records of Williamson County, Texas, for the southwesterly
corner of the herein described tract;
THENCE, departing said 10.727 acre tract, with the common boundary line of said Tract 1 and said 0.317 acre tract,
the following three (3) courses:
5) N 11 °31'44" E for a distance of 45.45 feet to a calculated point of curvature to the left;
6) along said curve to the left, having a delta angle 80°00'01", a radius of 95.02 feet, an arc length of 132.68 feet
and a chord which bears, N 28°28'16" W for a distance of 122.16 feet to a calculated point of reverse curvature
to the right;
7) along said curve to the right, having a della angle 33°11'38", a radius of 55.01 feet, an arc length of 31.87 feet
and a chord which bears, N 51°52'19" W for a distance of 31.43 feet to a capped iron rod stamped "MBC" found,
being the most westerly southwest corner of said 20.895 acre tract, for the northwesterly corner of the herein
described tract, and from which a capped iron rod stamped "MBU' found, being the northwesterly corner of said
20.895 acre tract, same being the northeasterly corner of said 0.317 acre tract bears N 06°17'30" E at a distance
of 113.81 feet;
County: Williamson
Parcel: Parcel 6 (KAHA Properties)
Project: Heritage Trail
Page 2 of 5
08/17/16
THENCE, departing said 0.317 acre boundary line, with the common boundary line of said Tract 1 and said 20.895
acre tract, the following two (2) courses:
8) S 77°37'40" E for a distance of 456.21 feet to a 1/2" iron rod found, being an angle point in the westerly
boundary line of said 20.895 acre tract, for the northeasterly corner of said Tract 1 and the herein described tract;
9) S 02003'22" E for a distance of 224.67 feet to the POINT OF BEGINNING, containing 2.354 acres, (102,535
square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is
true and correct and that the property described herein was determined by a survey made on the ground under my
direct supervision.
WITNESS VX HAND AND SEAL at Round Rock, Williamson County, Texas.
Lawren a M. Russo . t
Relit red Professional Land Surveyor No. 506
Inland Geodetics, LLC
Firm Registration No: 100591-00 �, `�.• g t•1.,��'�
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
LAWnITC M. nu«P10io
SI_CORR-PROJECTS/PARKS & REC/HERITAGE TRAIUPARCELS/KAHA PARCEL6-REV3.DOC
Date
/1
1 1
PLAT TO ACCOMPANY DESCRIPTION
U. S. 79
(VARM&E W/DTH ROW)
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LOT 1 3
BLOCK "A"
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DISTANCE
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OPUS SUBDIVISION
0-0-
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(95.00')
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(0.317 AC)
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NO.
DIRECTION
DISTANCE
L1
N11'31'44"E
45.45'
(Li)
(S14'59'03"1'/
(45.49')
S77'37'40 13. 4" E .456-21,
(S>5'05'I4'E 456.05)
456.61')
\ \ KAHA PROPERTIES
\ TRACT 1
I \ (REMAINDER OF 3.708 AC.)
RUsyy , DOC. NO. 2012046864
O.P.R.W.C.T.
(S64
480 44) (41,61' S 3
2 16,ty
TILDEN W. & KIMBERLY J. BAACK
(10.727 AC)
DOC. NO. 2000036940
O.P.R.W.C.T.
O
2.354 AC.
' 102,535 SQ. FT.
643 0'
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0 50 100
iV 1"i m 41�� ,
1 " = 100'
FSC ROCKING HORSE RANCH
ASSOCIATES, LLC
(20.895 ACRES)
DOC. NO. 2012022307
O.P.R.W.C.T.
0
0
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RADIUS
LENGTH
CHORD
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BRUSHY CREEK WATER
95.02'
o w w
r� �J 1
CONTROL AND IMPROVEMENT
(Ct)
(95.00')
(132.65')
DISTRICT
(0.16 ACRES)
VOL. 1619, PG. 354
(ti
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a ~
55.01'
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V6-
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RIVER AUTHORITY
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(S48'25'00"E)
(0.16 ACRES)
Sj
DOC. NO. 9716211
O.R.W.C.T.
NUMBER DELTA
RADIUS
LENGTH
CHORD
CHORD BEARING
Cl 80'00'01"
95.02'
132.68'
122.16'
N28'28'16"W
(Ct)
(95.00')
(132.65')
(122.13')
(S25'00'57"E
C2 33'11'38"
55.01'
31.87'
31.43'
N51'52'19"W
(C2)
(55.00')
(31.87')
(31.42)
(S48'25'00"E)
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GE0DETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PII.(512)238-1200,FAX(S12)238-1251
FIRM REGISTRATION NO. 100591-00
PARCEL 6
2.354 ACRES
102,535 SQUARE FEET
r
4
N
04
04
N
BRUSHY CREEK WATER
p
CONTROL AND
N
IMPROVEMENT DISTRICT
0
(0.36 ACRES)
(n
VOL. 1619, PG. 361
D.R.W.C.T. .
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00
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N !n
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N bo CIN OF ROUND
CS In ROCK, TEXAS
v (5.3992 AC.)
DOC. NO. 971200(
/.C.T.
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361 17,02
U8/ 1 //2U16
PAGE 3 OF 51
IA1
LEGEND PLAT TO ACCOMPANY DESCRIPTION
O
IRON ROD WITH CAP FOUND
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
O
1/2' IRON ROD FOUND
WILLIAMSON COUNTY, TEXAS
UNLESS NOTED
P.U.E. PUBLIC UTILITY EASEMENT
CALCULATED POINT
P.O.B. POINT OF BEGINNING
F�
PROPERTY LINE
( ) RECORD INFORMATION
D.R.W.C.T.
DEED RECORDS WILLIAMSON
COUNTY, TEXAS
P.R.W. C. T.
PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
0. R. W. C. T.
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are
surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00013.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF
NO. 1609685—GTN, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MARCH 14, 2016, ISSUE
DATE MARCH 22, 2016.
1. RESTRICTIVE COVENANTS: DOCUMENT NO. 9609150, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT
TO.
10H. TEXAS POWER & LIGHT EASEMENT RECORDED IN VOLUME 308, PAGE 54, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
I. TEXAS POWER & LIGHT EASEMENT RECORDED IN VOLUME 375, PAGE 621, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
J. LONE STAR GAS COMPANY EASEMENT RECORDED IN VOLUME 351, PAGE 331, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND MODIFIED OR AMENDED IN VOLUME 947, PAGE 60, OFFICIAL RECORDS OF WILLIAMSON
COUNT,Y TEXAS, DOES NOT AFFECT.
K. TEXAS POWER & LIGHT EASEMENT RECORDED IN VOLUME 353, PAGE 133, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
L. TEXAS POWER & LIGHT EASEMENT RECORDED IN VOLUME 443, PAGE 188, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
M. ACCESS EASEMENT RECORDED IN VOLUME 518, PAGE 283, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
DOES NOT AFFECT.
N. TEXAS POWER & LIGHT EASEMENT RECORDED IN VOLUME 608, PAGE 250, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
0. ACCESS AND UTILITY EASEMENT RECORDED IN VOLUME 846, PAGE 161 AND VOLUME 846, PAGE 762, DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
I N LA N Du
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
a FIRM REGISTRATION NO. 100591-00 F
PARCEL 6
2.354- ACRES
102,535 SQUARE FEET
S:\ CORK-PROJECTSIPARKS-RECWERITAGETRAIMTOWN AVE-GRIL.IES4PARCELMAHAEAST PARCEL WAIWEAST-6-0817%dwg
08/17/2016
PAGE 4 OF 5
PLAT TO ACCOMPANY DESCRIP7 ON
P. BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT EASEMENT RECORDED IN VOLUME 1619, PAGE 354
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
Q. LOWER COLORADO RIVER AUTHORITY EASEMENT RECORDED IN DOCUMENT NO. 9716211, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
R. CITY OF ROUND ROCK WATERLINE EASEMENT RECORDED IN DOCUMENT NO. 9808233, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
S. AUSTIN ROCKING HORSE RANCH, LTD. PRIVATE WASTEWATER EASEMENT RECORDED IN DOCUMENT NO. 9819011,
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
T. PRIVATE WASTEWATER EASEMENT RECORDED IN DOCUMENT NO. 9838400, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT
THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE
ON jGROUND UNDER MY DIRECT SUPERVISION.
AWRENCE M. RUSSO DA;(E `)
EGISTERED PROFESSIO AL LAND SURVEYOR NO. 5050
LICENSED STATE LAND SURVEYOR
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
I N LAN Du
GEODETICS -
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
1 FIRM REGISTRATION NO. 100591-00 r
PARCEL 6
2.354 ACRES
102,535 SQUARE FEET
08/17/2016
PAGE 5 OF 5
Parcel 6
EXHIBIT "B"
DEED
Heritage Trail
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 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 KAHA PROPERTIES, LLC, 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 Williamson County, 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 the
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 2.354 acre tract of land, out of and situated in the P.A. Holder Survey,
Abstract No. 297 in Williamson County; being more fully described in Exhibit "A",
attached hereto and incorporated herein Pareel 6
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.
00363286.DOC
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 the 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 the City of Round Rock, Texas and its assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the � -�) day of
2016.
GRANTOR:
KAHA PROPERTIES, LLC
Keith Hickman, Manager
By
Rebecca Hickman,' anagen
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF / E 1,,,r
This instrument was acknowledged before me on this the --:� day of 0C2
2015 by Keith Hickman and Rebecca Hickman, in the capacity and for the purposes and
consideration recited therein.
Notary Public, State of Texas
2.
ROSE M SPEAKER
Notary Public
State of Texas
My Comm. Expi es 12-27-2017
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock, Texas
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.
City of Round Rock
IROASO ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with KAHA Properties, LLC for
the purchase of a 2,354 acre tract necessary for the Brushy Creek Trail
Project (Parcel 6).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/21/2016
Dept Director: Rick Atkins, Director
Cost: $35,371.00
Indexes: 2014 General Obligation Bonds
Attachments: LAF - Real Estate Contract w-KAHA Properties, LLC - Parcel 6
(00365975xA08F8).pdf, KAHA(6)--contract for 2.354 acre whole property-
-Heritage Trail (signed by owners) (00365365xA08F8).pdf
Department: Parks and Recreation Department
Text of Legislative File CM -2016-1220
Consider executing a Real Estate Contract with KAHA Properties, LLC for the purchase
of a 2,354 acre tract necessary for the Brushy Creek Trail Project (Parcel 6).
This item will authorize the City Manager to execute a real estate contract with KAHA
Properties for the purchase of a 2.354 acre tract necessary for the Brushy Creek Trail -
Georgetown to A.W. Grimes Blvd. While only a portion of the property was required for
the trail to be built, PARD recommends purchase of the entire parcel of land for its
appraised value.
This portion of trail will consist of an 10' wide concrete trail section connecting A.W.
Grimes Blvd. to Georgetown St. and will eventually connect to Heritage Trail. This trail
section has been identified as one of the highest priority trail gaps in the most recent
trails master plan update.
$35,371.00
2014 General Obligation Bonds
City of Round Rock Page 1 Printed on 1012012016
Agenda Item Summary Continued (CM -2016-1220)
Department official recommends approval of this item.
City of Round Rock Page 2 Printed on 1012012016