R-2017-4330 - 4/13/2017 RESOLUTION NO. R-2017-4330
WHEREAS, the City desires to purchase that certain 0.188-acre tract of land (Parcel 6A, Part
1) necessary for the University Boulevard Project; and
WHEREAS, Scott & White Memorial Hospital f/k/a Scott and White Memorial Hospital and
Scott, Sherwood and Brindley Foundation, the owner of the Property, has agreed to sell said Property
to the City,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Scott & White Memorial Hospital f/k/a Scott and White Memorial Hospital and Scott,
Sherwood and Brindley Foundation, for the purchase of the above described Property, a copy of said
Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April, 2017.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
^r9� I d 1
W�t' W li• V l�(/l/1 NI
SARA L. WHITE, City Clerk
011217N.00775441
EXHIBIT
'All/�F1„
Parcel 6A—Pan I
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REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract') is made by and between SCOTT & !
WHITE MEMORIAL HOSPITAL f/Wa Scott and White Memorial Hospital and Scott, Sherwood
and Brindley Foundation, (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 i
pay for,the tract(s) of land described as follows:
All of that certain 0.188 acre (8,173 square foot)tract of land out of and situated in {
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas; being j
more fully described in Exhibit "A", attached hereto and incorporated herein
(Parcel 6A,Part 1);
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, RESERVING to Seller, however, all oil, gas and other minerals
in, under and that may be produced from the Property (the "Minerals"), for the consideration and
upon and subject to the terms, provisions,and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.0 1. The Purchase Price for the Property described in Exhibit "A", compensation for any
improvements on the Property, and for any damage or cost of cure or reconfiguration of the
remaining property of Seller shall be the sum of TWO HUNDRED SIXTY SEVEN THOUSAND
NINETY and 00/100 Dollars($267,090.00).
Payment of Purchase Price
2.02.The Purchase Price shall be payable in cash at the Closing.
00374610.DOC
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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). 6
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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
OFSELLER
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
Seller's actual, current knowledge (without any duty of investigation or inspection), 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.
4.02 PURCHASER ACKNOWLEDGES THAT IT IS PURCHASING THE PROPERTY
ON AN "AS IS, WHERE IS, WITH ALL FAULTS" BASIS, AND THAT SELLER IS
MAKING NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF THE
PROPERTY OR ANY IMPROVEMENTS THERETO. PURCHASER FURTHER
ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE
AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR
WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT
TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE
INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE
PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY
CONDUCT THEREON, (D) THE COMPLIANCE OR OF BY THE PROPERTY OR ITS
OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
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MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE
CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY,
(G)THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY, OR(H)ANY OTHER MATTER WITH RESPECT TO THE PROPERTY(OTHER
THAN THE WARRANTY OF TITLE TO BE CONTAINED IN THE SPECIAL WARRANTY
DEED TO BE DELIVERED AT THE CLOSING), AND SPECIFICALLY, THAT SELLER
HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS,ORDERS OR
REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U.S.
ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR
THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS
SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE
COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS
PROMULGATED THEREUNDER. PURCHASER FURTHER ACKNOWLEDGES AND
AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE
PROPERTY, PURCHASER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE r
PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY
SELLER. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY
INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY
WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT
MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH
INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN
ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS
OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF,
FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR
OTHER PERSON. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO
THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS
PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS "WITH ALL
FAULTS". IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS !
BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE
PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE
FOREGOING.
4.02. The Property herein is being conveyed to Purchaser under threat of condemnation.
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ARTICLE V
CLOSING
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Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before April 28, 2017, 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(which dale is herein referred to as the"Closing Date").
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Seller's Obligations at Closin
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Special t
Warranty Deed conveying title in fee simple to all of the Property described in Exhibit "A",
reserving the Minerals unto Seller, 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 restrictions, covenants, conditions, rights-of-way, easements,
ordinances, maintenance charges and liens securing said charges, mineral
and royalty grants and reservations, and all other matters, if any, of record
in Williamson County, Texas, to the extent, but only to the extent, that the
same are valid and subsisting and cover or related to the Property or some
portion or interest therein, and all matters that could be discovered by an
inspection or survey of the Property; and
(c) Any exceptions approved by Purchaser in writing.
(2)The Deed shall be in the form as shown in Exhibit"B"attached hereto.
(3) 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;
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(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable;and
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(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".
(4) 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.
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Prorations
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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 enforce specific performance of this Contract.
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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
$5,000.00 as liquidated damages for any failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
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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.
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Texas Law to Annly
8.02. This Contract shall be construed under and in accordance with the laws of the Stale
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 I
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 sale and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
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Time of Essence i
8.06. Time is of the essence in this Contract. I
Gender
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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.Neither party shall, without the consent of the other party,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 j
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.
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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.
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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.
[signalure page follows]
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SELLER:
SCOTT&WHITE MEMORIAL HOSPITAL,
f/k/a Scott and White Memorial Hospital and
Scott, Sherwood and Br' ey Foundation
By:
Printed Name: Shahin Motakef
Its: rT 2 S t &-QVt+
Date: 3 ✓ rl't
Address:
Baylor Scott&White Health
MS-20-D642
2401 South 31"Street
Temple,Texas 76508
Attention: General Counsel,Central Texas
Division
With a copy to:
DuBois, Bryant&Campbell
303 Colorado, Suite 2300
Austin,Texas 78701
Attn: Travis Siebeneicher
Tel.No.: (512) 381-8062
Email: tsiebeneicher@dbcllp.com
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PURCHASER: w
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Round Rock,Texas 78664
Its:
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Date:
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Parcel 6A Part I
EXHIBIT"A"
Variable Width Right-Of-Way Acquisition f
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METES AND BOUNDS DESCRIPTION
OFA
0.188 ACRE TRACT OF LAND OUT OF THE
SCOTT AND WHITE MEMORIAL HOSPITAL AND
SCOTT,SHERWOOD AND BRINDLEY FOUNDATION TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.188 ACRE (8,173 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.188 ACRE TRACT BEING A PORTION OF LOT 1 A,BLOCK A,REPLAT OF LOT 1, j
BLOCK A, SCOTT AND WHITE SUBDIVISION SECTION ONE, FILED ON MARCH 26, _.
2008, AND RECORDED IN CABINET EE, SLIDES 224-227 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY,TEXAS(P.R.W.C.T.);SAID 0.188 ACRE TRACT ALSO BEING A
PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION, FILED ON JULY 25, 1997, AND
RECORDED IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.); SAID 0,188 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point marking the southernmost southwest corner of said Lot IA and being
the southwest corner of the herein described tract, said point also marking the southerly end of a comer
clip at the intersection of the northerly right-of-way (R.O.W.) line of University Boulevard (a variable
width R.O.W.)and the easterly R.O.W.line of Oakmont Drive(a variable width R.O.W.);
THENCE North 650 42' 58"West,with the common line of said Lot IA and said R.O.W.corner clip, a
distance of 49.26 feet to a calculated point marking the northerly end of said comer clip, for a corner of
the herein described tract;
THENCE North 20° 41' 32" West, with the common line of the west line of said Lot IA and the east
R.O.W.line of said Oakmont Drive,a distance of 11.67 feet to a cut"X"in concrete set for the northwest
corner of the herein described tract;
THENCE traveling across the interior of said Lot IA,same being the proposed northerly R.O.W.line of
said University Boulevard,the following two(2)calls: i
1) South 65° 38' 32" East, a distance of 42.46 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW"(hereafter referred to as"CORR cap")set for a comer of the herein described tract;
2) North 69°24' 27" East,a distance of 418.96 feet to a 1/2-inch iron rad with "CORR cap"set for the
northeast corner of the herein described tract, said point being on the common line of said Lot IA and
Lot 2A of said Block A;
Page 1 of 3
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Exhibit"A"continued
Description of n 0.188 acre tract
THENCE(CI) in a Southerly direction, with the common line of said Lot I and said Lot 2A, and with
a curve to the left, 27.56 feet along the arc of said curve to the left, having a radius of 200.00 feet, a
central angle of 07°53' 42",and a chord bearing and distance of South 18°37' 35"East —27.54 feet to a
calculated point for the southeast corner of the herein described tract, same being a common comer of
said Lot 1 A and said Lot 2A,said point also being on the northerly R.O.W.line of said University Blvd;
THENCE with the common northerly R.O.W. line of said University Blvd. and the southerly line of said
Lot IA,the following three(3)calls:
1) South 691 16' 57" West, a distance of 43.07 feet to a 60d nail found for a comer of the herein
described tract;
2) South 750 43' 49"West, a distance of 106.86 feet to a 1/2-inch iron rod with:ed collar stamped
"Baker-Aicklen&Assoc"found for a corner of the herein described tract;
3) South 69° 16' 57"West,a distance of 263.87 feet to the POINT OF BEGINNING of the herein
described tract, delineating and encompassing within the metes recited 0.188 acre (8,173 square
feet)of land,more or less,based on the survey and exhibit drawing made by The Wallace Group,
A CP&Y Company,Round Rock,Texas in 2015.
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 §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That 1, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4743(1)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.
�E 4F TF
Daniel M.Flaherty,R.P.L.S.No.540 DANIEL M.FLAHERY f
...............................
The Wallace Group,a CP&Y Company <` 9 51104 p:Q
One Chisholm Trail,Suite 130 94jQ�fss:o?•-O
Round Rock,Texas 78681 SUR`1ee�
Ph.(512)248-0065
TBPLS Firm No. 10051701
See attached Plat No. A4743(I) 12-18-2015
22824-FN09(1).doc Date
Page 2 of 3
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EXHIBIT "A 11
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A
0.18B ACRE (8,173 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
y CURVE TABLE SCOTT AND WHITE MEMORW.HOSPITAL gY.N
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CURVE DELTA RAINS IFNCDI CR BEARiNC CN DIST. S=R SHERM=AND EONS FOUNDATION H IA �11� $jAND 7,12.0�•
O7SY42' MOOD' 27EW S 16'3715'E 2734' OR.973 ��M� 110'
Q V' 3 FILM. JULY 25. 1997 REPIAT IF 1..
QC LOT 1A S9TT AND WHIM sleon sou SECRDN a,E gPK BST
v CUT"%'SET Mmc A ,. ,T ,f CAR ET:s.22t-2n
Ir�' Z O of p4 �! PRWCT.
c C F F REPEAT OF.BLOCIC A. `p1 i1lER MMOL 26.2009 BNLar IIXIA
`4 w S 6538'32'E SCOTT AND
WHITE 1 SECTION ONE
42.46' CAB.EE SL 224-227 v c IFAANSTA C�¢O O1 91BpIVIgON
O PROPoS7:D PRWCT. LOT ZA PROPOSED C�89.S-.315-316
RO.W.NNE FILED: MARCH 26, MOB 6I A RO.W.NNE Z FlLERP.RUIWTE A 2006
N 2W41'3Y W N 6924'27' E- 418.96'
11.67
U
5 69'I6'ST
N 654 W- 263.87' 0' S 75' `
492V W E7RSONG_.MW UNE 1ti 106.85'
n , EXISTING R.O.W. UNE DUSTING R.O.W. UNE
o FIELD NOTE VARIABLE WIDTH RD.W. ACOUOITKIN S 6916*57' W
POINT OF 0.188 ALAE(8.173 SQ. Fr.) 43.07
BEGINNING
UNIVERSITY BOULEVARD
o GENERAL N076 (VARIABLE WIDTH RO.F..)
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.
Tri 4.) THIS DRAWING IS ACCOMPANIED BY A MITES AND BOUNDS DESCRIPTION.
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NA083) WHICH IS SCALE: 1 100
BASED ON UMCA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK.
a
N LEGEND _-,= WALLACE
n �= NOT TO SCALEu - , OF
,lee's _ i,l c;: s _ ce c.-s .(E........,T(,�
j i = FOUND 1/2 IRON ROD WITH RED A CP---Y COMPANY P '•�sr
w COLLAR STAMPED "BAKER—AKXLEN J4 `EG 1F`/ %-7
¢ ASSOC' UNLESS OTHERWISE NOTED WACO TOLLEEN DALLAS ROUNDROCK �,'e
O SET 1/2' IRON ROD WITH ALUMINUM TBPL51=51701 1 Olisholm bait.Suite 73G,Round Rock,Texas 78681 1 (5123248-0065TBPEF54 DANIEL h1.FLAHER'TY
v CAP STAMPED "Corot RDW' UNIESS I H STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT5004
o OTHERWISE NOTED THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND -7...0 Q
Dom'O
o A = CALCULATED POINT SURVEYS IN THE STATE OF TEXAS. THIS THE , 1M DAY OF 2075• • ESS1 ,:'y
PRWCT.= PLAT RECORDS, WI LIAMSON COUNTY,AS 3 U....
N DRWICL = DEED RECORDS, WIWAMSON COUNTY, OCTOBER, 2014
Te7(A6 SURVEYED: SEPTEMBER. 2015 DANIEL M. FLAHERTY, RPLS N0. 3 OF 3
O.RWCW
T. = OFFICIAL RECORDS, WIAMSON A-4743(1)
COUNTY. TDMS 0 100 200 PLAT NO. DRAFT DATE 12-17-2015 SRM
W DRAWN BY
r OP.RW.CT. _ CIAL PUBLIC RECORDS. WIWAMSON SCALE WORK ORDER NO. 22824 FlELDBOOK/PG. 197 15 TAB # A-4743(7)
j CIRF. = CAPPED IRON R= FOUND 0 2015 ALL RIGHTS RESERVED DIGITAL FILE 228248—PARCELS F/N # 22824—FN09(1)
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EXHIBIT 111311
Parcel 6A—Pan I
SPECIAL WARRANTY 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
INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
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That SCOTT & WHITE MEMORIAL HOSPITAL f/k/a Scott and White Memorial Hospital j
and Scott, Sherwood and Brindley Foundation, 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, hereinafter referred to as "Grantee", all that
certain tract or parcel of land lying and being situated in the County of Williamson, Stale of
Texas, along with any improvements thereon (collectively, the "Property"), being more
particularly described as follows:
All of that certain 0.188 acre (8,173 square foot) tract in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas; being more fully described by metes and
bounds in Exhibit"A", attached hereto and incorporated herein (Parcel 6A—Part 1)
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 (the "Retained Improvements"): The two signs located on the Property and, to the
extent removed by Grantor on or before June 1, 2017, any landscape plantings, facilities, lights
or other related landscape items located on the Property. Grantor hereby reserves the right to
enter the Property for purposes of removing the foregoing items. In the event Grantor fails, for
any reason, to remove the Retained Improvements on or before June 1, 2017 (but with no
obligation imposed or implied on Grantor to remove the Retained improvements), then, without
further consideration, title to all or part of such Retained Improvements not so removed shall
pass to and vest in Grantee and be subject to immediate demolition and removal.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
00374595.nOCldc
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Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show, and all
other matters that could be discovered by an inspection or survey of the property;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral i
severances, and encumbrances for taxes and assessments (other than liens and conveyances),
rights-of ways, ordinances, maintenance charges and liens securing said charges, mineral and
royalty grants and reservations, and all other matters, if any, 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.
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 materially and adversely interfere with the intended
use thereof or in any way materially and adversely 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 Property for any other purpose.
GRANTEE ACKNOWLEDGES THAT IT IS PURCHASING THE PROPERTY ON AN "AS IS,
WHERE IS, WITH ALL FAULTS" BASIS, AND THAT GRANTOR IS MAKING NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF THE PROPERTY OR ANY
IMPROVEMENTS THERETO. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT
GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND
DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF,
AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR
CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL
AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE
SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH t
GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OR OF BY THE PROPERTY
OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY, (F)THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER
WITH RESPECT TO THE PROPERTY (OTHER THAN THE WARRANTY OF TITLE
CONTAINED IN THIS SPECIAL WARRANTY DEED), AND SPECIFICALLY, THAT GRANTOR
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HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR
REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL
PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR
EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED
BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND f
LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED
THEREUNDER. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN
GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY
ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION
PROVIDED OR TO BE PROVIDED BY GRANTOR. GRANTEE FURTHER ACKNOWLEDGES
AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT
TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT
GRANTOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF
SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR I
COMPLETENESS OF SUCH INFORMATION. GRANTOR IS NOT LIABLE OR BOUND IN ANY
MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR
INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF,
FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER
PERSON. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN
IS MADE ON AN "AS IS" CONDITION AND BASIS "WITH ALL FAULTS". IT IS
UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY
PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY GRANTOR
AND PURCHASED BY GRANTEE SUBJECT TO THE FOREGOING.
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 successors and
assigns to Warrant and Forever Defend all and singular the Property 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, by, through or under Grantor, but not otherwise; provided,
however, that this conveyance and warranty of Grantor herein contained are subject to the
remainder of this Special Warranty Deed and the Reservations from and Exceptions to
Conveyance and Warranty.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed to be effective as of this the _day of
2017.
[Signature Page Follows]
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GRANTOR:
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SCOTT& WHITE MEMORIAL HOSPITAL,
f/k/a Scott and White Memorial Hospital and
Scott, Sherwood and Brindley Foundation
By:
Printed Name:
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Its:
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ACKNOWLEDGMENT
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STATE OF TEXAS §
COUNTY OF §
§ I
This instrument was acknowledged before me on this the _ day of
2017 by _ in the capacity and for the purposes and consideration
recited therein.
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Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C. j
309 East Main
Round Rock, Texas 78664
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GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock,Texas 78664
AFTER RECORDING RETURN TO:
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