R-01-08-09-13D5 - 8/9/2001 RESOLUTION NO. R-01-08-09-13D5
WHEREAS, the City desires to acquire an approximately 0 . 19 acre
tract of land for additional right-of-way for the SH 45 Roadway
Project, and
WHEREAS, 35/45 La Frontera, L. P. , the owner of the property, has
agreed to exchange said property for an approximately 0 . 19 acre tract
of land owned by 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 an Exchange Special Warranty Deed with 35/45 La
Frontera, L. P. , for the exchange of the above described property.
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, and the Act .
RESOLVED this 9th day of August 01 .
4RT A. STLUKA, R. , Mayor
City of Round Rock, Texas
AT ST:
AA J
FLO
J E LAND, City Secretary
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EXCHANGE SPECIAL WARRANTY DEED
1*
Date: August 's , 2001
Grantor: City of Round Rock, Texas, a Home Rule municipality
Grantor' s Mailing Address (including county) :
City of Round Rock
221 E. Main St .
Round Rock, Texas 78664
Williamson County
Grantee: 35/45 La Frontera, L. P. , a Texas limited partnership
Grantee' s Mailing Address (including county) :
35/45 La Frontera, L. P. , a Texas limited partnership
3345 Bee Caves Road, Suite 212
Austin, Texas 78745
Travis County
Consideration: The conveyance of real property of the same date as this
instrument from the Grantee named above to Grantor, the receipt and
sufficiency of which is acknowledged by Grantor.
Property (including any improvements) :
(Exhibit "A")
Reservations From and Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded instruments, other than liens and
conveyances, that affect the property; taxes for the current year, the
payment of which Grantee assumes .
Grantor, for the consideration, receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee ' s heirs, executors,
administrators, successors or assigns forever. Grantor binds Grantor and
Grantor' s heirs, executors, administrators and successors to warrant and
forever defend all and singular the property to Grantee and Grantee ' s
heirs, executors, administrators, successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance
and warranty, when the claim is by, through or under Grantor, but not
otherwise .
By deed of the same date as this instrument, Grantee has conveyed
to Grantor the property described in that deed as consideration for the
conveyance from Grantor to Grantee in this instrument . Grantor and
Grantee agree that no lien, either express or implied, shall arise in
favor of Grantor or Grantee as a result of the exchange of property
between Grantor and Grantee .
By the acceptance of this Deed, Grantee is taking the Property "as
is, " "where is" and "with all faults, " and without any representations
or warranties whatsoever, express or implied, written or oral, it being
the intention of Grantor and Grantee to expressly negate and exclude all
representations and warranties, including, but not limited to (i) the
physical condition of the property or any element thereof, including,
without limitation, warranties related to suitability for habitation,
merchantability or fitness for a particular purpose; (ii) the nature or
quality of construction, structural design and engineering of any
improvements; (iv) the soil conditions; drainage or other conditions
existing at the property with respect to any particular purpose,
developmental potential or otherwise; (v) all warranties created by any
affirmation of fact or promise or by and description of the Property;
and (vi) all other warranties and representations whatsoever, except the
warranty of title expressly set forth herein.
When the context requires, singular nouns and pronouns include the
plural .
CITY ROUND ROCK, TEXAS
h�,,�- I
By:
'Wert S . Stluka, Jr. , Mayor
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on August 1-3 , 2001, by
Robert A. Stluka, Jr. , Mayor of the City of Round Rock, Texas .
Not Public, State of Texas
PREPARED IN THE OFFICE OF: .. ......
F: ..iii. VIRGINIA M.MORENO
MY COMMISSION EXPIRES
2004
Shuts & Crossfield, P.C. - � 11'
309 E. Main St .
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 E. Main St .
Round Rock, Texas 78664
EXCHANGE SPECIAL WARRANTY DEED
Date: August 200
Grantor: 35/45 La Frontera, L. P. , a Texas limited partnership
Grantor' s Mailing Address (including county) :
35/45 La Frontera, L. P. , a Texas limited partnership
3345 Bee Caves Road, Suite 212
Austin, Texas 78745
Travis County
Grantee: City of Round Rock, Texas, a Home Rule municipality
Grantee' s Mailing Address (including county) :
City of Round Rock
221 E. Main St .
Round Rock, Texas 78664
Williamson County
Consideration: The conveyance of real property of the same date as this
instrument from the Grantee named above to Grantor, the receipt and
sufficiency of which is acknowledged by Grantor.
Property (including any improvements) :
Lot One (1) , Block M, LA FRONTERA, SECTION 3B, a subdivision in
Williamson County, Texas according to the map or plat recorded
in Cabinet S, Slides 69-76, Plat Records of Williamson County,
Texas
Reservations From and Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded instruments, other than liens and
conveyances, that affect the property; taxes for the current year, the
payment of which Grantee assumes .
Grantor, for the consideration, receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee ' s heirs, executors,
administrators, successors or assigns forever. Grantor binds Grantor and
Grantor' s heirs, executors, administrators and successors to warrant and
forever defend all and singular the property to Grantee and Grantee ' s
heirs, executors, administrators, successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance
and warranty, when the claim is by, through or under Grantor, but not
otherwise .
By deed of the same date as this instrument, Grantee has conveyed
to Grantor the property described in that deed as consideration for the
conveyance from Grantor to Grantee in this instrument . Grantor and
Grantee agree that no lien, either express or implied, shall arise in
favor of Grantor or Grantee as a result of the exchange of property
between Grantor and Grantee .
By the acceptance of this Deed, Grantee is taking the Property "as
is, " "where is" and "with all faults, " and without any representations
or warranties whatsoever, express or implied, written or oral, it being
the intention of Grantor and Grantee to expressly negate and exclude all
representations and warranties, including, but not limited to (i) the
physical condition of the property or any element thereof, including,
without limitation, warranties related to suitability for habitation,
merchantability or fitness for a particular purpose; (ii) the nature or
quality of construction, structural design and engineering of any
improvements; (iv) the soil conditions; drainage or other conditions
existing at the property with respect to any particular purpose,
developmental potential or otherwise; (v) all warranties created by any
affirmation of fact or promise or by and description of the Property;
and (vi) all other warranties and representations whatsoever, except the
warranty of title expressly set forth herein.
When the context requires, singular nouns and pronouns include the
plural .
35/45 La Frontera, L. P. ,
a Texas Limited Partnership
BY: 35/45 Genpar, L.L.C. , a Texas
Limited Liability Company as
General Partner
By:
WILLIAM S . SMALLING, Member
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on August 2001, by
Williams S . Smalling, Member of 35/45 Genpar, L.L.C. , a Texas Limited
Liability Company, as general partner of 35/45 La Frontera, L. P. , a
Texas Limited Partnership.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 E. Main St .
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
SCALES 1'-40'
1 K
1
1 ,PROPOSED EXXON/MOBIL
1 DEDICATED TOT CITY
1 /+ OF ROUND ROCK
1
1 /+ LA FRONTERA PROPERTY
+ APPROXIMATELY 0.19 ACRES TO BE
UTILIZED AS A LANDSCAPE AND
1� + SIGNAGE AREA
1/+ 10 EXISTING FM1325 ROW
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PROPOSED ROW -�
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DIP--Ir..- 11-10,.
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ao.roww Dwwtmwtaf Tiampartailon
Ln ' X LPI/SH45 FRONTAGE ROADS
FM 1325 ROW EXHIBIT
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FOR REVIEW ONLY 1-01c I
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PROPOSED LA F TERA ZwaiiiE
APPROX. 0.19 All LANDSCAPE
AND SIGNAGE AREA SCALE: 1'-40'
Qo
LETTER OF PERMISSION TO TIE
PROPOSED EXXONA"IL IN ROADWAY SLOPE (10')
1 }
1
1 /+ PROPOSED DRAINAGE EASEMENT
1 WIDTH VARIES FROM 6 FT. TO 30 FT.
EXISTING FM1325 ROW
T-- _ LETTER OF PERMISSION TO TIE
--r"OADWAY—SLOPE (11.5') +j
� zs.� jtic
-----� _ '� PROP c'.S
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PROPOSED ROW
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TW-D* /mart cf Trwzp~cn
Q .b TOW toe 711�el.wlollals
LPI/SH45 FRONTAGE ROADS
\X FM 1325 ROW EXHIBIT
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DATE: August 6, 2001
SUBJECT: City Council Meeting—August 9, 2001
ITEM: 13.D.5. Consider a resolution authorizing the Mayor to execute an
Exchange Special Warranty Deed with 35/45 La Frontera, L.P.
for right-of-way for the SH 45 roadway project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: Since the time that Block M of 35/45 La Frontera was platted, TTA revised the
design of the Limestone Ranch apartment access driveway to match the
driveway of The Enclave. Because of this it has become necessary to exchange
property with 35/45 La Frontera, L.P.
Funding:
Cost: N/A
Source of funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: None
Impact/Benefit: Increased mobility in the south quadrant of the city.
Public Comment: N/A
Sponsor: N/A
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
COUNTY OF WI LLIAMSON §
This Possession and Use Agreement ("Agreement,") effective the 6 day of kkG i, 2001
between the City of Round Rock, Texas, a home rule municipal corporation (the "City") and
35/45 La Frontera, L.P. a Texas limited partnership (the"Grantor"), grants an irrevocable right to
possession and use to the City, its contractors, agents, assigns and all others deemed necessary by
the City for the purpose of constructing a portion of State Highway No. 45. The property involved
is described more fully in Exhibit A, attached hereto and made a part of this Agreement by
reference(the "Property").
1. For the consideration paid by the Citywhich is set forth in Paragraph 2. below,the receipt
and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys to
the City exclusive possession and use of the Property for the purpose of constructing a
highway or turnpike project and appurtenances thereto and the right to remove any
improvements. This Agreement will extend to the City, its contractors, assigns and/or
owners of any existing utilities on the Property and those which may be lawfully permitted
on the Property by the City in the future. This grant will allow the construction, relocation,
replacement, repair, improvement, operation and maintenance of these utilities on the
Property. The City agrees that such work must be performed in a good, workmanlike and
safe manner and in accordance with all laws, codes, statutes, rules, regulations and
ordinances. The City will not allow any mechanics or materialmen liens(or any other liens
arising out of the City's possession of the Property)to attach to the Property. Finally, the
City will(i)maintain the Property in good order and repair and will not allow waste on the
Property and (ii)will not allow hazardous substances or waste to be stored or used on the
Property except in de minimis and customary amounts in strict accordance with all laws,
statutes, rules, regulations, codes and ordinances.
2. In full consideration for this irrevocable grant of possession and use;the City will tender to
the Grantor the sum of Ten Dollars($10.00). The Grantor agrees that this sum represents
adequate and full compensation for the possession and use of the Property. The City will
be entitled to take possession and use of the Property upon tender of payment.
3. The purpose of this Agreement is to allow the City to proceed with its construction project
without delay.
4. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but
waive all right of ingress and egress to the surface for the purpose of exploring,
developing, mining or drilling. Nothing in this reservation will affect the title and rights of
the City to take and use all other minerals and materials thereon, and thereunder. The
extraction of oil, gas and minerals may not affect the geological stability of the surface.
C:\WZHDOWS\THMP\00008113.WPD/ala 1
5. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current
year, and special assessments due at the time the City takes possession of the Property.
6. This Agreement will also extend to and bind the heirs, devisees, executors, administrators,
legal, representatives, successors and assigns of the parties.
7. It is agreed the City will record this document.
8. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of
its obligations to Purchase the Property under the terms of Real Estate Contract described
in paragraph 3 above.
9. It is agreed that the City may assign this Agreement to the State of Texas, acting by and
through the Texas Turnpike Authority Division of the Texas Department of
Transportation.
To have and to hold the Agreement herein described and conveyed, together with all the
rights and appurtenances belonging to the City and its assigns forever,for the purposes and subject
to the limitations set forth above.
In witness whereof,this instrument is executed on this the /3 day of U j 2001.
Grantor:
35145 LA FRONTERA,L.P.
i
By:Z3514 ,L. eral Partner
By:
William S. Smalling, ager
Date:
Accepted and agreed to by the City this the day of dY6AJ �'L�—' 2001.
Cioun Rock, T s
B .
o WAStlAaitsMay
Acknowledgments
2
State of Texas
County of Williamson
This instrument was acknowledged before me on A4_133—, 2001 by William
Smalling, Manager of 35/45 Genpar,L.L.C.,the General Partner of 35/45 LA FRONTERA,L.P..
_ k(signature)
LYNN FRANK (typed name)
o� ♦4�
Notary Public,State of
�`1 r My Commission Taxes
es' Notary Pub in and for
n1
�t,ty 16-2703 l� the State of Texas
My commission expires
2003
State of Texas
County of Williamson
This instrument was acknowledged before me on 2001 by Robert A.
Stluka, Mayor of the City of Round Rock, Texas.
signature)
(typed name)
s ._
r=0. "0"�,,CHRISTINE SPRECHER Notary Public in and for
:. % Notary1 �otTeas the State of Texas
s My C ,MssW E*M 01-11-2003 .
My commission expires
� P
1/ 2003
3
EXHIBIT"A"
Lot One (1) , Block M, LA FRONTERA, SECTION
3B, a subdivision in Williamson County, Texas
according to the map or plat recorded in
Cabinet S, Slides 69-76, Plat Records of
Williamson County, Texas
Isis Page I
®age
r' '
_ slig
SCALE: 1 �"
s �.�9°•6 :t � 40
/X PROPOSED EXXON/MOBIL o�
fi DEDICATED TO THE CITY
OF ROUND ROCK
LA FRONTERA PROPERTY m
APPROXIMATELY 0.19 ACRES TO BE
UTILIZED AS A LANDSCAPE AND =
SIGNAGE AREA W
EXISTING FM1325 ROW
-W bra
17,
_?Sap0
'- Al
PROPOSED ROW `\
1 s
111 1 � l^".rz�,�._w,_Ul
nr<.Inoi „
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Wi \x �r /I►�I>f afRansporbllm
0 \�\ LPI/SH45 FRONTAGE ROADS
O ' x
OC ' FM 1325 ROW EXHIBIT
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SHEET 1 OF 2
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PRELIMINARY a T4
FOR REVIEW ONLY
AUSTIN