R-07-06-28-11B1 - 6/28/2007 RESOLUTION NO. R-07-06-28-11B1
WHEREAS, the City desires to purchase a 0.193 acre tract of
land for additional right-of-way and a 0.316 acre public utility
easement interest for the I35/Hesters Crossing improvement project,
WHEREAS, Lowe' s Home Centers, Inc. , 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 Lowe' s Home Centers,
Inc. , 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 «hich 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 28th day of June, 07.
LL, Mayor
City of Round Rock, Texas
ANT:
CHRISTINE R. MARTINEZ, City S retary
0:\wdox\RRSOLUTI\R70628H1.WPD/dc
Hesters—parcel 3
A
REAL ESTATE CONTRACT
I35/Hesters Crossing Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between LOWE'S
HOME CENTERS, INC., (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 terns
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 ("Property"):
Fee simple interest in a 0.193 acre tract of land,more or less,situated in the Jacob
M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, being more
fully described by metes and bounds or shown in Exhibit "A",attached hereto and
incorporated herein(Parcel 3);and
A public utility easement interest in a 0.316 acre tract of land, more or less,
situated in the Jacob M. Harrell Survey,Abstract No.284, in Williamson County,
Texas,being more fully described by metes and bounds or shown in Exhibit "B",
attached hereto and incorporated herein(Parcel 3E)
All items of personal property owned by Seller which are located on the Property,
including without limitation all trade fixtures, racking, forklifts and other equipment, are not
included in this Contract. Further, Seller reserves the right,but not obligation,to remove any and
all of the'outside sales buildings, any and all of the separate pre-engineered metal storage
buildings and any and all outdoor covered lumber storage racking systems known as T-Sheds.
ARTICLE II
PURCHASE PRICE
Amount of Pumhase Price
2.01. The purchase price for the Property shall be the sum of ONE HUNDRED NINE
THOUSAND EIGHT HUNDRED SEVENTY ONE and 00/100 Dollars ($109,871.00).
Additional Co sensation
2.02. In addition to the Purchase Price the Purchaser shall also pay the amount of
ELEVEN THOUSAND ONE HUNDRED FORTY TWO AND 00/100 Dollars ($11,142.00) as
compensation for the purchase or replacement of any improvements within the Property and for
compensation for the purchase or replacement of any improvements within the Property and for
any damages to the remaining property.
Payment of Purchase Price
closing.2.03. The Purchase Price and Additional Compensation shall be payable in cash at the
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Oblieations
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.):
Preliminary Title Commitment
3.02. Purchaser,at Purchaser's sole cost and expense,has caused the Texas American Title
Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of--way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense,has caused to be delivered a current plat of survey
Of the Property,prepared by a duly licensed Texas land surveyor.
Miscellaneous Conditions
3.04. 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 WARRAN'T'IES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations
warranties shall be deemed made by Seller to Purchaser also as of the closing date,to the best of
Seller's knowledge:
2
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance,or trespassers,other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances,regulations, statutes,rules and
restrictions relating to the Property, or any part thereof.
The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before June 21, 2007, 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 date is herein referred to as the"closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title to all of the Property as shown in Exhibit 'IN, and a Public
Utility Easement for the Property as shown in Exhibit"B", free and clear of any and all liens and
encumbrances, 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;
(c) Any exceptions approved by Purchaser in writing;
(d) Any and all conditions and restrictions, if any, relating to the Property, to
the extent, and only to the extent, that the same may still be in force and
effect, shown of record in the office of the County Clerk of Williamson
County, Texas; and
(e) Any exceptions, restrictions, conditions, or easements of record or that
would be disclosed by a current American Land Title Association
("ALTA")survey of the property.
(2) If requested, 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
3
Purchase price, insuring Purchaser's interest 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 fonn 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;"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 a Seller's Affidavit in form attached as Exhibit C and
FIRPTA in form attached as Exhibit D.
(4) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price and the
additional compensation.
Proration
5.04. If required, 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. All certified and confirmed special taxes or assessments to the closing date shall be
paid by Seller. Purchaser shall be responsible for any special assessments or portions of special
assessments that become due and payable after closing. 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
(4) Attorney's fees paid by each respectively.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions
of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars
($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event
Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be
paid over to Seller and applied to the cash portion of the purchase
p ce, provided, however, that
in the event the Purchaser shall have givenri
written notice to the title company that one or more of
the conditions to its obligations set forth in Article III have not been met, or, in the opinion of
Purchaser, cannot be satisfied, in the manner and as provided for in Article 111, then the Escrow
Deposit shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
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 request that the Escrow Deposit shall be forthwith returned by the title company to
Purchaser, as Purchaser's sole remedy hereunder.
ARTICLE VIII
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 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 casha
damages and relief and as Seller's sole remedy hereunder in such event. paits total
ARTICLE IX
MISCELLANEOUS
Notice
9.01. 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.
5
Texas Law to Apnly
9.02. 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
9.03. 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
9.04. 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
9.05. 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
9.06. Time is of the essence in this Contract.
Gender
9.07. 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
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.49 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act,
Purchaser's hereby advised that it should be furnished with or obtain a policy of title
6
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use A Bement
9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of
relocating utilities within the property described in Exhibit "B", upon full execution of this
contract. Purchaser agrees to execute a separate Possession and Use Agreement document
suitable for recording if requested by Purchaser.
Indemnification
9.11 Purchaser agrees to indemnify, defend and hold Seller, its officers, employees and
agents harmless from any and all claims, damages, penalties, fines, costs or losses (including
those of an environmental nature, and reasonable fees for attorneys, consultants and experts) that
arise (i) directly or indirectly from the activities of Purchaser, its agents, employees and
contractors on or related to the Property after the date of closing, and (ii) from the
Presence or
suspected presence , release or suspected release, of an
substance or hazardous waste materials re y petroleum substance, hazardous
s son the Pro gelated under any applicable Federal, State or local laws
Property, migrating from the Property,or transported from theo
s related
directly or indirectly to the activities of Purchaser, its agents, employees, and contractors ttorsat lafter the
date of closing. This provision shall survive after the date of closing.
7
Effective Date
9.12 This Contract shall be effective as of the date it is approved by the City of Round
Rock,which date is indicated beneath the City's signature below.
SELLER:
LOWE'S HOME CENTERS, INC.
BY: i
Address: o.S
Its: � s `�� .t
VIWwyy _c L,.�,,, N frG C Z ?7
Date:�pS/_
PURCHASER:
CITY OF ROUND ROCK
By:
Nyle Maxwell,Mayor
221 E. MAIN STREET
ROUND ROCK,TEXAS 78664
Date:
8
DATE: June 21, 2007
SUBJECT: City Council Meeting - June 28, 2007
ITEM: 11131. Consider a resolution authorizing the Mayor to execute a contract with
Lowe's Home Centers, Inc. for the purchase of right-of-way for the
construction of the IH-35/Nesters Crossing expansion project.
Deo-- t el]t: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
This contract is for the purchase of a 0.128 acre fee simple tract and drainage easement along
the frontage of property owned by Lowe's in connection with the IH35/Hester Crossing
expansion project.
The appraised fair market value of the needed right-of-way and utility easement is
$109,871.00. The cost of moving and replacing improvements on the property is $11,142.00.
The total amount of compensation to the owner is $121,013. A copy of the appraiser summary
report is included in the Council's packet. The contract amount ($121,013) is slightly less than
the appraisal amount ($122,631) because the City already had an existing easement on a
portion of the acquisition tract.
Fun_
Cost: $121,013
Source of funds: 4B Funding
Outside ResourcesI. Sheets & Crossfield, P.C.
Backaround Information:
This will decrease the congestion at the intersection of IH 35 and Hesters Crossing.
Public Comm ft N/A
EXECUTED
DBCUMENT
FOLLOW' s
L
Hestm--pacel 3
REAL ESTATE CONTRACT
I35/Hesters Crossing Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract') is made by and between LOWE'S
HOME CENTERS, INC., (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("Property"):
Fee simple interest in a 0.193 acre tract of land,more or less,situated in the Jacob
M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, being more
fully described by metes and bounds or shown in Exhibit "A",attached hereto and
incorporated herein(Parcel 3);and
A public utility easement interest in a 0316 acre tract of land, more or less,
situated in the Jacob M.Harrell Survey,Abstract No.284,in Williamson County,
Texas,being more fully described by metes and bounds or shown in Exhibit "B",
attached hereto and incorporated herein(Parcel 3E)
All items of personal property owned by Seller which are located on the Property,
including without limitation all trade Sxtures, racking, forklifts and other equipment, are not
included in this Contract. Further,Seller reserves the right,but not obligation,to remove any and
all of the outside sales buildings, any and all of the separate pre-engineered metal storage
buildings and any and all outdoor covered lumber storage racking systems known as T-Sheds.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of ONE HUNDRED NINE
THOUSAND EIGHT HUNDRED SEVENTY ONE and 00/100 Dollars($109,871.00).
Additional Compensation
2.02. In addition to the Purchase Price the Purchaser shall also pay the amount of
ELEVEN THOUSAND ONE HUNDRED FORTY TWO AND 00/100 Dollars ($11,142.00) as
compensation for the purchase or replacement of any improvements within the Property and for
k-07-04P-Q8-1161
compensation for the purchase or replacement of any improvements within the Property and for
any damages to the remaining property
Payment of Purchase Price
2.03. The Purchase Price and Additional Compensation 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.):
Preliminary Title Commitment
3.02.Purchaser,at Purchaser's sole cost and expense,has caused the Texas American Title
Company, ("Title Company') to issue a preliminary title report (the "Title Commitment')
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
S e
3.03. Purchaser,at Purchaser's expense,has caused to be delivered a current plat of survey
of the Property,prepared by a duly licensed Texas land surveyor.
Miscellaneous Conditions
3.04. 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
Seller hereby represents and warrants to Purchaser as follows, which representations and
wammties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of
Seller's knowledge:
2
(1) There are no parties in possession of any portion of the property as lessees,tenants
at sufferance,or trespassers,other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances,regulations,statutes,rules and
restrictions relating to the Property,or any part thereof,
The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before June 21, 2007,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 date is herein referred to as the"closing date').
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title to all of the Property as shown in Exhibit"A", and a Public
Utility Easement for the Property as shown in Exhibit"B", free and clear of any and all liens and
encumbrances,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;
(c) Any exceptions approved by Purchaser in writing;
(d) Any and all conditions and restrictions, if any, relating to the Property, to
the extent, and only to the extent, that the same may still be in force and
effect, shown of record in the office of the County Clerk of Williamson
County,Texas; and
(e) Any exceptions, restrictions, conditions, or easements of record or that
would be disclosed by a current American Land Title Association
("ALTA')survey of the property.
(2) If requested, 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
3
z
purchase price, insuring Purchaser's interest 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;"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 a Seller's Affidavit in form attached as Exhibit C and
FIRPTA in form attached as Exhibit D.
(4) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closi_a
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price and the
additional compensation.
Proration
5.04. If required, 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 rent 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. All certified and confirmed.special taxes or assessments to the closing date shall be
paid by Seller. Purchaser shall be responsible for any special assessments or portions of special
assessments that become due and payable after closing. 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
(4) Attorney's fees paid by each respectively.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions
of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars
($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event
Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be
paid over to Seller and applied to the cash portion of the purchase price, provided, however, that
in the event the Purchaser shall have given written notice to the title company that one or more of
the conditions to its obligations set forth in Article III have not been met, or, in the opinion of
Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow
Deposit shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
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 request that the Escrow Deposit shall be forthwith returned by the title company to
Purchaser, as Purchaser's sole remedy hereunder.
ARTICLE VIII
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 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.
ARTICLE IX
MISCELLANEOUS
Notice
9.01. 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.
5
Texas Law to AMly
9.02. 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
9.03. 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
9.04. 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 Agents SURMgdkd
9.05. 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
9.06. Time is of the essence in this Contract.
Oder
9.07. 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
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Com reliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act,Purchaser is hereby advised that it should be fiunished with or obtain a policy of title
6
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Anent
9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of
relocating utilities within the property described in Exhibit `B", upon full execution of this
contract. Purchaser agrees to execute a separate Possession and Use Agreement document
suitable for recording if requested by Purchaser.
Indemnification
9.11 Purchaser agrees to indemnify, defend and hold Seller, its officers, employees and
agents harmless from any and all claims, damages, penalties, fines, costs or losses (including
those of an environmental nature, and reasonable fees for attorneys, consultants and experts) that
arise (i) directly or indirectly from the activities of Purchaser, its agents, employees and
contractors on or related to the Property after the date of closing, and (ii) fivm the presence or
suspected presence , release or suspected release, of any petroleum substance, hazardous
substance or hazardous waste materials regulated under any applicable Federal, State or local laws
in or on the Property,migrating from the Property,or transported from the property,that is related
directly or indirectly to the activities of Purchaser, its agents, employees, and contractors after the
date of closing. This provision shall survive after the date of closing.
7
Effective Date
9.12 This Contract shall be effective as of the date it is approved by the City of Round
Rock,which date is indicated beneath the City's signature below.
SELLER:
LOWE'S HOME CENTERS, INC.
By: Ile Address: 1&gS'(y4-r5 A--dae IU
Its: & � W'(kas hcrre N L' Zfr6 17
�✓yY
Date: to 10S
PURCHASER:
CITY OF ROUND ROCK
B •
Nyle Maxwell,Mayor
221 E. MAIN STREET
ROUND ROCK,TEXAS 78664
Date: 01-a -o 1'
8
Page 1 of 5
EXHIBIT A
County: Williamson
Parcel No.: 3
Highway: I.H. 35
Limits: From:Nesters Crossing Road(Along La Frontera Development)
To:Sundance Parkway
CSJ: 00154)9-
PROPERTY DESCRIPTION FOR PARCEL 3
DESCRIPTION OF A 0.193 ACRE (8,415 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT II, LA FRONTERA SECTIONS I & 11 (REPLAT), ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET R, SLIDES 292-293 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY CONVEYED TO LOWE'S
HOME CENTERS, INC. BY INSTRUMENT RECORDED IN DOCUMENT NO. 199968556 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS, SAID 0.193 ACRE(8,415 SQUARE
FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at a found P.K. nail, 212.79 feet right of proposed I.H.35 southbound
frontage road baseline station 1435+07.03, being an interior ell comer in the easterly boundary line of
said Lot 11 and the northwesterly comer of Lot 1A, Block A, Replat of Lot 1, Block A, of the Resubdivision
of La Frontera Sections I&11,according to the plat thereof recorded in Cabinet V,Slides 57-58 of the Plat
Records of Williamson County,Texas;
THENCE, with the common boundary line of said Lot 11 and said Lot 1A, N 84°26'16" E for a distance of
205.03 feet to a set 1/2" iron rod with TxDOT aluminum cap in the proposed westerly right-of-way line of
I.H. 35, 16.50 feet right of proposed I.H:35 southbound frontage road baseline station 1435+66.25, being
the southwesterly comer and POINT OF BEGINNING of the herein described tract;
THENCE, departing said common boundary line, through the interior of said Lot Il;with the proposed
westerly right-of--way line of I.H.35,the following four(4)courses:
1) N 22021'01" W, passing at a distance of 260.12 feet, a set 1/2' iron rod with TxDOT aluminum
cap stamped COA, delineating the beginning of a Control of Access line, 16.50 feet right of
proposed I.H. 35 southbound frontage road baseline station 1433+06.16, and continuing for a
total distance of 336.10 feet to a set TxDOT Type 11 monument, 16.55 feet right of proposed I.H.
35 southbound frontage road baseline station 1432+30.30, being an angle point in the westerly
boundary line of the herein.described tract;
2) N 21°17'33' W; passing at a distance of 224.00 feet, a set 1/2' iron rod with TxDOT aluminum
cap stamped COA,delineating the end of said Control of Access line, 16.50 feet right*of proposed
I.H. 35 southbound frontage road station 1.430+06.45, and continuing for a total distance of
270.21 feet to a set TxDOT Type it monument at the beginning of a curve to the left, 16.50 feet
right of proposed I.H.35 southbound frontage road baseline station 1429+60.24;
3) Along said curve to the left, having a delta angle of 03037119', a radius of 1040.00 feet, an arc
length of 65.75 feet, and a chord which bears N 23006'13"W for a distance of 65.73 feet to a set
TXDOT Type If monument, 16.50 feet right of proposed I.H. 35 southbound frontage road
baseline station 1428+93.45;
PARCEL 3 Page 2 of 5
4) N 24054152"W for a distance of 16.74 feet to a set 1/2"iron rod with TxDOT aluminum cap in the
common boundary tine of said Lot If and Lot 2, Resubdivision Chisholm Valley South Section
Five, according to the plat thereof recorded in Cabinet G, Slide 178 of the Plat records of
Williamson County, Texas, 16.50 feet right of proposed I.H. 35 southbound frontage road
baseline station 1428+76.71, being the northwesterly corner of the herein described tract;
5) THENCE, departing the proposed westerly right-of-way line of I.H. 35, with said common
boundary line, N 85033'00" E for a distance of 7.12 feet to a calculated point in the existing
westerly right-of-way line of I.H. 35 (right-of-way width varies), being the northeasterly comer of
said Lot ii and the southeasterly corner of said Lot 2, and being the northeasterly comer of the
herein described tract from which a found 1/2" iron rod with plastic cap bears S 85°33'00" W, a
distance of 0.86 feet;
6) THENCE,with the easterly boundary line of said Lot II, same being said existing westerly right-of-
way of I.H. 35, S 22056'41" E for a distance of 691.80 feet to a calculated point, being the
southeasterly comer of said Lot it and the northeasterly corner of said Lot 1A, and being the
southeasterly comer of the herein described tract, from which a found 1/2' iron rod with plastic
cap bears N 84°26'16'E,a distance of 0.15 feet;
7) THENCE, departing said existing westerly right-of-way line of I.H. 35,with the common boundary
line of said Lot II and said Lot 1A, S 84026116" W for a distance of 18.10 feet to the POINT OF
BEGINNING, containing 0.193 acres(8,415 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, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description 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 Rods,Williamson County,Texas.
O6
M.StepKe7n Tmi6sdale. Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor OF
Inland Geodetics, L.P. i •"�°"`• �.p
t� y�t�' •
1504 Chisholm Trail Road, Suite 103
Round Rods,TX 78681
M SMFWN TRUESDALE
4933 `'
" PARCEL-3.doc
May 10, 2006 A
EXHIBIT "
PLA. TO ACCOMPANY PARCEL DESCR. !ON
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16.50' RT 16.50' RT. STAMPEDW5 so:
C.0.A.'
1428.76.71 1430.06.45
16.50' RT 16.50' RT
LOT 2
RESUBDIVISION
CHISHOLM VALLEY SOUTH
SECTION FIVE
/ 1 CAB. G. SLD. 178 LOWE'S HOME CENTERS. INC.
t P.R.W.C.T. DOC. -NO. 199968556
FX I .
0.P.R.W.C.T.
.Yu.E.
B. kW
SL& 1078
P.R.N.C.T. LOT
11
LA FRONTERA
SECTIONS 16 11
EXIST. (REPLAT)
CAB. o SL. 203-205 CAB. R , SLD. 292 >2< 293
kR.N.C.T. P.R.W.C.T.
I
PXE3CF5
PARCEL PLAT SHOWING PROPERTY OF �■■,�.Tsxoa ftwn,W of Tranamlanan
INLAND ® _
GEIODET C:S Ltd'S HOW CEMERS, 1W..
/(roFEs>;Ia lk LAI*RWAM
m"ams MAL p. SWTE 1p PROJECT COUNTY
?Mom m Tsui SCALE CSJ +� PARCEL 3
RL GM X316 Fri 5121 MIN I ` = 50' 0015-09- 1 H CROSS 111 ESTERS 1 L L 1 AMSON
EXHIBIT "
PLA. TO ACCOMPANY PARCEL DESCRI. ON W
2
0 25 50
1" - 50'
RVEY
ABSTRACT NO. 609
0
0 0
N' EXIST. ELEC. £SMT.
VOL. 427. PG. 11
D.R:W.C. T.
(NO WIDTH STATED)
Z
in
Z
- — SEE DETAIL'8
� APPORIO�EY L.tNE
D (S 2134.01• E 87i.2600
Z � — HIGH 35 a
INTERSTATE
= SOUTHBOUNOW I I)TI4 RIES) _
tR.0.W.
336. 100
P.0.B. 1
3 -PARCEL 3
• 1435.66.25
CD AC.
FT. 16.50' RT
STAMPEDM
1C.0.A.• O
1432.30.30 1433.06.16 'a
16.55' RT 16.50' v
EXIST. 20' SEWER 6 '� O
'
GAS LINE EASEMENT iy
VOL. 824, PG. 598 N
EXIST- 15' P.U.E. D.R.W.C.T. to W
LAB. O. SL. 203-205 N �
P.R.W.C.T.
LOWE'S HOME CENTERS. INC.
DOC. N0. 199968556 ,m; N
0.P.R.1N.C.T. �o
P
LOT 11 ? °p
LA FRONTERA 2
SECT I ONS I & I I EX I ST. P.U.E.
(REPLAT) VOL. 850. 906
CAB. R. SLD. 292 & 293 D.R.M.c..T r.
g ppC. N0. 9846348
P.R.W.C.T. 0.R.M.C.T.
��p� LOT IA. BLOCK A. P.O.R. 1
f M. Hlv k-LL SU REPEAT OF LOT I P 3R"EL 3 ,
� NO. � BLOCK A 212.79' RT
f'1BSTWT' J
t7��r OF THE RESUBD I Y I S ION
OF LA FRONTERA
SECTIONS I & 11
CAB. P R DC.T7 T.
58
PARCEL PLAT SHOWING PROPERTY OF Fsxoa pepertmenl d Tr*wm
N L A N D • INC. � Xoa
GEODE X:S
LME $ EIGrE CE�'11'F�tS.
modswK
um Std GSJ • PROJECT
COUNTY PARCEL 3
ISN 01r90U►)HAIL IM. StiITE IN SCALE I N35/RESTERS. 1 LL 1 AMSON
=sm Tx. 701 1 • 50' 0015-09- cRosslRc
w 0021III-M In 612122-12AI
EXHIBIT "
PLA',_ TO ACCOMPANY PARCEL DL. .RIPTION
LEGEND
■ TYPE i CONCRETE MONUMENT FOUND
%2" IRON ROD FOUND UNLESS OTHERWISE
NOTED TO BE REPLACED BY S 8r.33.OD" W
TYPE II MONUMENT SET 0.86.
® TYPE 11 MONUMENT SET
• 1/2 " IRON ROD FOUND
O 1/2 " IRON ROD FOUND W/PLASTIC CAP (LOT 2 LOT 11
O 1/2 " IRON PIPE FOUND DETAIL 'A'
O 1/2 " IRON ROD SET W/ Ott&
TXDOT ALUMINUM CAP
(D PK NAIL FOUND
0 RAILROAD SPIKE FOUND (W26�111'0(E
® COTTON GIN SPINDLE SET 0.1
0 COTTON GIN SPINDLE FOUND
A CALCULATED POINT f CENTER LINELOTt PROPERTY LINE T 11
( ) RECORD INFORMATION
—NIL LINE BREAK
IV LAND HOOK DETAIL 'B'
Ku
-111— CONTROL OF ACCESS LINE
P.0.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
N.T.S. NOT TO SCALE
D.R.W.C.T. DEED RECORDS NLMBER D I RECT I M D I STANCE
WILLIAMSON COUNTY, TEXAS LI N 24'54'52' W 16.74'
R.P.R.W.C.T. REAL PROPERTY RECORDS
W I LL I AMSON COUNTY, TEXAS L2 N 85'33'00' E 7.12'
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS L3 S 84"26'16" W 18.10'
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
C.O.A. CONTROL OF ACCESS
ISR DELTA ANGLE I RADIUS I TANGENT ARC LENGTH CHORD LENGTH CHORD DIRECTION
CI 1 03-37' 19- 11040.001 32.88 1 65. 75 1 N 23.06' 13" W 65.73
NOTESt
I) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARINGS. 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 1.00012.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCLKNTS
AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON.
1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT IDf
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A
SURVEY MADE THE GROUND UW10 MY DIRECTION ♦ O
SUPERVI tON. ,r
/ M.STEPPlII N TRUESID"12
'* 44u8
M. ST PHEN T SDALE DATER ��' W
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933-STATE OF TEXAS
LICENSED STATE LAND SURVEYOR-STATE OF TEXAS =1�1
RiM565
PARCEL PLAT SHOW i NG PR PER Y. O e"&vw D4wrtmotof TrOAsp~on
I. N L A N D6
GEODETICS LONE'S HOW CENTERS. 1W. ® :°°'
mousm um swr¢rals
1591 TIII RAN la. SURE 103 COUNTY Pte(. 3
R, 1011 SCALE CSJ • 1 PROJECT ERS
K 6i2►Z>ri211,fQ 6121 2)I-1251
1 . 50' 0015-09- CRo551NG I LL I AMSON
Page 1 of 6
EXHIBIT
_R
County: Williamson
Parcel No.: 3-E
Highway: I.H. 35
Limits: From: 0.25 miles north of Hesters Crossing
To: 0.5 miles south of Hesters Crossing
CSJ: 0015-09-159
PROPERTY DESCRIPTION FOR PARCEL 3-E
DESCRIPTION OF A 0.316 ACRE (13,782 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 11, LA FRONTERA SECTIONS 1 & 11 (REPLAT),
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET R, SLIDES 292-293 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS,AND BEING A PORTION OF THE
SAME PROPERTY CONVEYED TO LOWE'S HOME CENTERS, INC. BY INSTRUMENT
RECORDED IN DOCUMENT NO. 199968556 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.316 ACRE (13,782 SQUARE FOOT) TRACT OF
LAND, CONTAINING A 0.045 ACRE (1,965 SQUARE FOOT) PORTIONOF AN EXISTING
PUBLIC UTILITY EASEMENT AS DEDICATED BY PLAT OF LA FRONTERA SECTION 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET Q, SLIDE 203-205 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a found P.K. nail, 212.79 feet right of proposed I.H. 35
southbound frontage road baseline station 1435+07.03, being an interior ell comer in the
easterly boundary line of said Lot 11 and the northwesterly comer of Lot 1A, Block A, Replat of
Lot 1, Block A, of the Resubdivislon of La Frontera Sections I & 11, according to the plat thereof
recorded in Cabinet V, Slides 57-58 of the Plat Records of Williamson County, Texas;
THENCE, with the common boundary line of said Lot If and said Lot 1A, N 84°26'16" E for a
distance of 184.14 feet to a calculated point, 36.50 feet right of proposed 1:H. 35 southbound
frontage road baseline station 1435+60.22, being the southwesterly comer and POINT OF
BEGINNING of the herein described tract;
THENCE, departing said common boundary line, through the interior of said Lot 11, the following
four(4)courses:
1) N 22°21'01" W, for a distance of 330.25 feet to a calculated point, being an angle point
in the westerly boundary line of the herein described tract;
2) N 21°17'33' W, for a distance of 270.44 feet to a calculated point at the beginning of a
curve to the left;
3) Along said curve to the left, having a delta angle of 03037100", a radius of 1020.00 feet,
an arc length of 64.39 feet, and a chord which bears N 23006'13"Vit for a distance of
64.38 feet to a calculated point;
PARCEL 3-E Page 2 of 6
4) N 24°54'52" W for a distance of 24.25 feet to a calculated point in the common
boundary line of said Lot 11 and Lot 2, Resubdivision Chisholm Valley South Section
Five, according to the plat thereof recorded in Cabinet G, Slide 178 of the Plat records of
Williamson County, Texas, being the northwesterly comer of the herein described tract;
5) THENCE, with said common boundary line, N 85033'00" E for a distance of 21.35 feet to
a set 1/2" iron rod with TxDOT aluminum cap in the proposed westerly right-of-way line
of I.H. 35, 16.50 feet right of proposed I.H. 35 southbound frontage road baseline station
1428+76.71, being the northeasterly comer of the herein described tract, from which a
found 1/2" iron rod with plastic cap bears N 85°33'00" E, a distance of 6.26 feet, and the
calculated northeast comer of said Lot 11, same being the southeasterly comer of said
Lot 2 Resubdivision Chisholm Valley South Section Five, bears N 85033'00" E, a
distance of 7.12 feet;
THENCE, departing said common boundary line, through the interior of said Lot II, with the
proposed westerly right-of-way line of I.H. 35, the following four(4)courses:
6) S 24°54152" E for a distance of 16.74 feet to a set TxDOT Type II monument at the
beginning of a curve to the right, 16.50 feet right of proposed I.H. 35 southbound
frontage road baseline station 1428+93.45;
7) Along said curve to the right, having a delta angle of 03037119", a radius of 1040.00 feet,
an arc length of 65.75 feet, and a chord which gears S 23006113" E for a distance of
65.73 feet to a set TxDOT Type II monument, 16.50 feet right of proposed I.H. 35
southbound frontage road baseline station 1429+60.24;
8) S 21'17'33" E, passing at a distance of 46.21 feet, a set 1/2" iron rod with TxDOT
aluminum cap stamped C.O.A., 16.50 feet right of proposed I.H. 35 southbound frontage
road baseline station 1430+06.45 delineating the beginning of a Control of.Access line,
and continuing for a total distance of 270.21 feet to a set TxDOT Type 11 monument,
16.55 feet right of proposed I.H. 35 southbound frontage• road baseline station
1432+30.30;
9) S 22°21'01" E, passing at a distance of 76.02 feet, a set 1/2" iron rod with TxDOT
aluminum cap stamped C.O.A., 16.50 feet right of proposed M. 35 southbound frontage
road baseline station 1433+06.16 delineating the end of said Control of Access line, and
continuing for a total distance of 336.10 feet to a set 1/2"iron rod with TxDOT aluminum
cap in the common boundary line of said Lot 11 and said Lot 1A, Block A, of the
Resubdivision of_ La Frontera Sections I & Il, 16.50 feet right of proposed I.H. 35
southbound frontage road baseline station 1435+66:25, being the southeasterly comer
of the herein described bad;
PARCEL 3-E Page 3 of 6
10)THENCE, departing said proposed westerly right-of-way line of I.H. 35, with said
common boundary tine, S 84°26'16" W for a distance of 20.89 feet to the POINT OF
BEGINNING, containing 0.316 acres(13,782 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 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that
the above description 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.
M. Stephen Truesdale Date
Registered Professional Land Surveyor No. 4933 Of
Licensed State Land Surveyory-
Inland Geodetics, L.P.
1504 Chisholm Trail Road, Suite 103 M � �
493
Round Rods, TX 78681
,3_ ;�
�RE.»«tg!Xko
PARCEL 3-E.doc S u R
March 8, 2007
EXHIBIT "
PLAT -I'0 ACCOMPANY PARCEL DESCRIPTION
2
H
3
--___.------------__ 0 25 50
I. _ 50.
ASA THOMAS SURVEY
ABSTRACT NO. 609
a a
EXIST. ELEC. ESM T_
VOL. 427, PG. �I
D.R.W.C.T.
iNO WIDTH STATED)
_ —
�I _ IGINAL
SURVEY LINE
_APPROXIW7E OR_ LR —
INTERSTATE HIGHWA 35
ROI D ® �-
SOUTHBOUND FRONTAGE 1135.66.
a (R.0.Wf W I DTH VARIES _ ql T _
O.W.
-336 PROS EASE (
• f
P.0.8.
3 .2
N 2 1• w - PARC143S-�E 22 3-E
STAMPED 36.50' RT
LC.0.A.• Q
IV2.30.30 I EXIST. 15' P.U.E. i
55' RT RT EXISTI CAB. 0. SL. 203-205 I
0.06 AC.- 1 965 S0. FL P.R.W.C.T. �*'
EXIST. 20' SEWER & • co !
GAS LINE EASEMENT PFI ED EASDAW ^� `
VOL. 824. PG. 598 0.271 AC.- 11.817 S0. FL
D.R.W.C.T. TOTAL AREA
0.316 AC.- 13.782 S0. FT. W
f
LOWE'S HOME CENTERS. INC.
DOC. NO. 199968556 LOT 11
0.P.R.w.C.T. LA FRONTERA C
SECT I ONS I & 11 /2 3
(REPLAT) EXIST. P.u.E.
CAB. R, SLD. 292 & 293 VOL. 850. PG. 906
P.R.W.C.T. D.R.N.C.T.
& DOC. NO. 9846348
0.R.W.C.T.
JAMB M. HARRELL 5:kIWEY LOT IA BLOCK A, P.0.R. i
ABSTRACT NO. 2$4 REPLAY OF LOT 1 PARCEL 3-E /
BLOCK A 1435#07.03
OF THE RESUBDIVISION 212.79' RT t
OF LA FRONTERA j
SECTIONS I & 11
CAB. V, SLD. 57 & 58
P.R.W.C.T. CF 6
PARCEL PLAT SHOWING PROPERTY OF + Tam Dgoormwof Tron�,palaNal
INLAND
GwoEncs COIFS FME CENTM ilk. ® >Nes
ma S'1m In Sim
1sa �tl WAO am�E I&. �,T)I0. s l fo3 PAlit3!" 3-E
�ppr SCALE CSJ • PROJECT COUNTY
Il 618 MImb In 60 2*1311 H35/NESTERS
I " = 50 0015-09- CROSSING i LL I AMSON
EXHIBIT "
PLAT fO ACCOMPANY PARCEL DESCRIPTION
s
0 2s so
1• = 50'
THE S ATE Of TEXAS
�aWA YOI. I0. .T 4
70
1 NT SOUND FRONTAGE ROAD o R...C .
WIDTH VARIES)
O.W. _
a' yEY LINE — _ Z
vT G1N_AL
N �ROXIMIA _
IA ® pa IH 35IDS
LA
F 1*t
N t- 1170'00
d
0. i
SEE _5 2 E-"2,T0.?i -+
• 70.44'
Cl 1129.60.21 STAMPED EXIST
1128.9 IS 16.50' RT C.0.A.• Is, P.11
128.76.71 16.50' RT 16.50' .15 CAB. 0, p5 EM ST ING PIS
!6.50' RT 16.50' RT Sp'R.N C?T.
® 0.045 AC.-1.966 S0. FT.
LOT EASBIE
' RESUBD I V i S I ON 0.27171 ACS-1111.817 SO.FT.
CHISHOLM VALLEY SOUTH TOTAL AREA
SECTION FIVE 0.316 AC.-13.782 S0. FT.
/ CAB. G. SLD, 178 LOWE'S HOME CENTERS, INC.
P.R.W.C.T. DOC. NO. 199968556
EX ST.
0.P.R.W.C.T.20' P.U.E. & 0.E.
CAB. G. SL. 178
P.R.W.C.T. LOT II
LA FRONTERA I
CT
EXIST. (REP AT) 11
v
1 P.U.E. CAB. R SLD. 292 6 293
/ CAR. P..R.W.C 203-205 P.R.W.C.T.
1 LOT 2 LOT 11•
I JACOB M. HARRELL SURVEYoETAt& .A.
` ABSTRACT NO. 284
PXX 5 OF 6
PARCEL PLAT SHOWING PROPERTY OF *laws Dwm o f Travlspa Moon
I N LA N D IF
GEODE ICS LEAF'S 1O CENTM Ltd ® =003
PWt=MK I%NEW
1501 ex19U.nt+u L s 107
Iggp PANEL 3-E
�em �, 1Ktl SCALE CSJ • . PROJECT COUNTY
!11 61212711211,iY IS1212x 12f1 I " - 50' 0015-09- IH3 SIN GRs 1 LL 1 AMSON
EXHIBIT " r
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
■ TYPE I CONCRETE MONUMENT FOUND
® %2' IRON ROD FOUND UNLESS OTHERWISE
NOTED TO BE REPLACED BY
TYPE II MONUMENT SET
® TYPE II MONUMENT SET
• 1/2 ' IRON ROD FOUND
O 1/2 " IRON ROD FOUND W/PLASTIC CAP
0 1/2 " IRON PIPE FOUND
0 1/2 " IRON ROD SET W/
TXDOT ALUMINUM CAP
® PK NAIL FOUND
0 RAILROAD SPIKE FOUND
0 COTTON GIN SPINDLE SET
0 COTTON GIN SPINDLE FOUND
A CALCULATED POINT
t CENTER LINE
C PROPERTY LINE
( ) RECORD INFORMATION
—ILL- LINE BREAK
N LAND HOOK
CONTROL OF ACCESS LINE
P.0.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE NLMBER DIRECTION DISTANCE
N. T.S. NOT TO SCALE LI N 21'17'33' W 270.44'
D.R.W.C. T. DEED RECORDS l2 N 2454'52" W 24.25'
WILLIAMSON COUNTY, TEXAS
0.R.W.C.T. OFFICIAL RECORDS L3 N 85.33'00" E 21.35'
W I LL I AMSON COUNTY, TEXAS L4 N 85.33'00' E 6.26'
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
W I LL I AMSON COUNTY. TEXAS L5 N 85'33'00" E 7.12'
P.R.W.C. T. PLAT RECORDS L6 S 24'54'52' E 16.74'
W I LL I AMSON COUNTY, TEXAS L7 S 21.17'33' E 270.21'
C.0.A. CONTROL OF ACCESS
L8 S 84'26'16' W 20.89'
"CER DELTA ANGLE RADIUS ARC LENGTH CHORD LENGTH CHORD DIRECTION
C 1 03.37'00' 1020.0064.39' 64.38' N 23.06' 13." W
C2
103-37' 19" 1040.00' 65. 75- 65. 73' S 23'06' 13" E
NOTES
I) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARINGS. ALL DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83, CENTRAL ZONE.
USING A CCwBINED SURFACE ADJUSTMENT
FACTOR OF 1.00012.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCUMENTS
AFFECTING THIS PROPERTY THAT ARE NDT ADDRESSED HEREON.
Q II<
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT O�
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A
SURVEY MADETHE GROUND UNDER MY DIRECTLON AND
SUPERV I I ON� -- M.STEPHEN TRIaESDALE
!' ! 49333
+O q
M. ST NEN TR SDALE DATE
��# .8 A
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933-STATE OF TEXAS -lift
LICENSED STATE LAND SURVEYOR-STATE OF TEXAS
P/GE 6 ff 6
PARCEL PLAT SHOWING PROPERTY OF
I N L A N D DworhnW d Tr&mPwtdkn
G EQDERCS LOIN'S FOIE CSS. 1W.
® 200J
MWESS141111L UII4 SUIKm
Ism Iaasa F M T w. sulk 103 PARCEL 3-E
��. �, ifEtl SCALE CSJ • iH3�E5 ERS COUNTY
!Il 6121 tlhitll,fu 5121231-1151 I " = 50' 0015-09- CROSSING I LL I AMSON
EXHIS"
It
STATE OF NORTH CAROLINA )
COUNTY OF WILKES ) SELLER'S AFFIDAVIT
Personally appeared before me this day of May, 2007, the undersigned officer of Lowe's Home
Centers, Inc. ("Seller"),whose address is P.O. Box 1111, North Wilkesboro, NC, 28656,who after being duly
sworn deposes and states to the best of the undersigned's actual knowledge:
(1) That this Affidavit is given in connection with the sale of real estate.Seller is the record owner of
property being sold which is more particularly described on attached Exhibit"A" made a part hereof.
(2) There are no unpaid bills for labor performed or materials furnished on the improvements on the
above described property;that there has been no labor performed or materials furnished on the premises within
the past ninety(90)days.
(3) There are no liens, encumbrances or easements against the said real or personal property that
are not being satisfied at closing except the following: See attached Exhibit"B" made a part hereof.
(4) All taxes and assessments(including without limitation any"Roll-Back"taxes or assessments)
thereon have been paid or will be paid by Seller except ad valorem taxes for the current year which will be
prorated at closing.
(5) No one, other than Seller, is entitled to, or claims possession(as tenant or otherwise)of, the
above described property.
(6) Seller has not filed a petition for bankruptcy or for similar proceedings for debtor relief; Seller
does not intend to file for bankruptcy or similar proceedings for debtor relief within the next one-hundred eighty
(180)days.
Under penalties of perjury, I declare that I have examined this Affidavit and, to my actual knowledge and
belief, it is true, correct and complete. The undersigned acknowledges having read and understood the within
Affidavit.
LOWE'S HOME CENTERS, INC.
By:
Gary E.Wyatt
Senior Vice President
STATE OF NORTH CAROLINA )
COUNTY OF WILKES )
I,the undersigned Notary Public for the aforesaid jurisdiction, do hereby certify that Gary E.Wyatt,
Senior Vice President of Lowe's Home Centers, Inc., personally appeared before me this day,and being by me
duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of Lowe's Home
Centers, Inc.
Witness my hand and official seal, this day of May, 2007.
(Official Seal)
Notary Public
My commission expires:
EXHIBIT "A"
PROPERTY DESCRIPTION
EXHIBIT "B"
This affidavit is made subject to W any zoning, restrictions, prohibitions or other requirements imposed by
governmental authority, (") the lien of ad valorem taxes for the current and subsequent years, and @1) any
exceptions, restrictions, conditions, easements, liens or other encumbrances of record or that would be
disclosed by a current American Land Title Association("ALTA")survey of the property.
EXHIBIT
CERTIFICATION OF NON-FOREIGN STATUS
TO: CITY OF ROUND ROCK,TEXAS [TRANSFEREE]
FROM: LOWE'S HOME CENTERS, INC. [TRANSFEROR]
Section 1445 of the Internal Revenue Code provides that a Transferee of a U.S. Real Property interest
must withhold tax if the Transferor is a foreign person. To inform the Transferee and the escrow agent
that withholding of tax is not required upon Transferor's disposition of a U.S. Real Property interest, the
undersigned hereby certifies the following on behalf of the Transferor:
1. Transferor is not a foreign corporation,foreign partnership,foreign trust, or foreign estate(as
those terms are defined in the Internal Revenue Code and Income Tax Regulations).
2. Transferor's U.S.Taxpayer Identification Number is 56-0748358.
3. Transferor's office address is: 1605 Curtis Bridge Road,Wilkesboro, NC 28697
Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the
Transferee and that any false statement contained herein could be punished by fine, imprisonment, or
both.
Under penalty of perjury I declare that I have examined this Certification and to my actual knowledge and
belief, it is true, correct and complete and 1 further declare that I have authority to sign this document on
behalf of Transferor.
LOWE'S HOME CENTERS, INC.
By:
Name: Gary E.Wyatt
Title: Senior Vice President
STATE OF NORTH CAROLINA )
COUNTY OF WILKES )
I,the undersigned Notary Public for the aforesaid jurisdiction, do hereby certify that Gary E.Wyatt,
Senior Vice President of Lowe's Home Centers, Inc., personally appeared before me this day, and being
by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of
Lowe's Home Centers, Inc.
Witness my hand and official seal,this day of May, 2007.
(Official Seal)
Notary Public
My commission expires:
Rev.10/03