Contract - HEB Grocery Company - 9/22/2022 (2)DocuSign Envelope ID: 6FFA9F4D-E57D-4889-B56B-9A3424B7468C
REAL ESTATE CONTRACT
Red Bud South Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between HEB Grocery
Company n/k/a H-E-B, LP, a Texas limited partnership (referred to in this Contract as "Seller")
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 agrees to sell and to convey, and Purchaser agrees to purchase and
to pay for, for use as a public right-of-way and no other purpose, the tract(s) of land described as
follows:
All of that certain 0.104 acre (4,529 square foot) tract of land out of and situated in
the Samuel Jenkins Survey, Abstract No. 347 in Williamson County, Texas; more
fully described in Exhibit "A", attached hereto and incorporated herein Parcel 1);
together with all and singular the rights and appurtenances pertaining to the property on a non-
exclusive basis such that the conveyance hereof does not diminish the rights pertaining to the
adjacent property returned by Seller, 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 Parcel 1 described in Exhibit "A" not otherwise retained by Seller, for the consideration and upon
and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property, compensation for any improvements on the
Property, and for any damage or cost of cure for the reconfiguration of the remaining property of
Seller shall be the sum of ONE HUNDRED FORTY-FIVE THOUSAND NINETY-THREE and
00/100 Dollars ($145,093.00).
Payment of Purchase Price
2.02. The full amount of the Purchase Price shall be payable by Purchaser to Seller in cash
at the Closing.
062007,00577 #i400518,
P--2D Z- 3(Z
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ARTICLE III
CLOSING CONDITIONS
3.01. 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.
3.02. Purchaser 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 Purchaser prior to or as of the Closing.
ARTICLE IV
EMINENT DOMAIN
4.01. 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 office of Texas National Title Company (the "Title
Company") on or before October 30, 2022 (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 the Purchaser a duly executed and acknowledged Special Warranty Deed (the
"Deed") conveying Seller's right, title and interest to all of the Property described in Exhibit "A",
free and clear of any and all monetary liens created by Seller.
(2) The Deed shall be in the form as shown in Exhibit "B" attached hereto.
(3) Provide reasonable assistance as requested and at no cost to Seller to cause Title
Company to provide Purchaser a Texas Owner's Title Policy at Purchaser's sole expense; provided
however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
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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";
(provided that Seller has no obligation to take any action pertaining thereto or satisfy any
requirements thereunder except as expressly set forth herein).
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(1) Pay the full amount of the Purchase Price to Seller in cash.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon
the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
Agricultural roll -back taxes, if any, which directly result from this transaction and conveyance 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 should fail to fully and timely perform any of its obligations hereunder
or should fail to consummate the sale of the Property for any reason, except due to Purchaser's
default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the
Escrow Deposit, if any, shall be forthwith returned by the Title Company to Purchaser.
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ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to perform any of its obligations hereunder or should fail
to consummate the purchase of the Property, except due to Seller's default, Seller shall have the
right to enforce specific performance of this Contract or receive the Escrow Deposit, if any, from
the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to
perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this
Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and
as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made, then Seller
shall receive the amount of $5,000 as liquidated damages for any failure by Purchaser hereunder.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed
to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson County,
Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective 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.
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Prior Agreements Superseded
8.05. This Contract constitutes the entire agreement of the parties pertaining to the subject
matter hereof and supersedes any prior understandings or written or oral agreements between the
parties with respect thereto. No representation, warranty, covenant, agreement or condition not
expressed in this Contract shall be binding on the parties hereto or shall affect or be effective to
interpret, change or restrict the provisions of this Contract.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's
own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock City
Council or City Manager, which date is indicated beneath the Mayor's or City Manager's signature
below. Seller shall have the right to void this Contract if not approved as provided on or before
October 31, 2022.
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.
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Legal Holidays
8.12 Notwithstanding anything contained herein to the contrary, if any date of performance
or any deadline date which is set forth herein falls on a Saturday, Sunday or federal legal holiday,
then such date shall be extended to the next following date which is not a Saturday, Sunday or
federal legal holiday.
Attorne sue' Fees
8.13 In the event it becomes necessary for either party to file a suit to enforce this contract
or any provisions contained herein, the prevailing party shall be entitled to recover, in addition to
all other remedies or damages, reasonable attorneys' fees and costs of court incurred in such suit.
[signature page follows]
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SELLER:
HEB Grocery Company n/k/a
H-E-B, LP, a Texas limited partnership
DoeuSlyned by:
I , �
By. a RFnfldfir)A 7 dFS
�J
05 Name: Benjamin R. Scott
9�-
Its: Vice President of Real Estate
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: — , 1A //
Name: Craig Porga
Its: Mayor
Date: ! 2 2 Z �L--
7
Address: H-E-B, LP
646 S. Flores Street
San Antonio, Texas 78204
Attention.: Benjamin R. Scott
Telephone: (210) 938-8766
with a copy to: Golden Steves & Gordon LLP
200 E. Basse Road, Suite 200
San Antonio, Texas 78209
Attention: Ami E. Gordon
Telephone: (210) 745-3710
Address: 221 East Main St.
Round Rock, Texas 78664
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EXHIBIT "All
[attached]
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County: Williamson
Parcel: 1
Project: Red Bud Lane
EXHIBIT
PROPERTY DESCRIPTION FOR PARCEL 1
07-21-2022
Page 1 of 3
DESCRIPTION OF A 0.104 ACRE (4,529 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED LOT 4 OF THE STONECREST
RETAIL SUBDIVISION RECORDED IN CABINET V, SLIDES 360-361 OF THE PLAT RECORDS OF WILLIAMSON COUNTY
TEXAS (P.R.W.C.T.) DESCRIBED IN SPECIAL WARRANTY DEED TO HEB GROCERY COMPANY, LP RECORDED IN
DOCUMENT NO. 2007095692 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.104 ACRE
(4,529 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at an "X" out in concrete found, being the northwesterly corner of said Lot 4, same being the
northeasterly corner of Lot 5 of said subdivision and an angle point in the southerly boundary line of Lot 2 of said subdivision;
THENCE, with the northerly boundary line of said Lot 4, same being in part the southerly boundary line of said Lot 2 and Lot 3 of
said subdivision, N 87'10'27" E, for a distance of 195.94 feet to an iron rod with aluminum cap stamped "CORR ROW 4933" set
(Grid Coordinates determined as N=10,155,304.79, E=3,153,069.60 TxSPC Zone 4203) in the proposed westerly Right -of -Way
(ROW) line of Red Bud Lane (ROW width varies), for the northwesterly corner and POINT OF BEGINNING of the herein described
parcel;
1) THENCE, continuing with said proposed ROW line, being the common boundary line of said Lot 4 and said Lot 3,
N 87`10'27" E, for a distance of 9.00 feet to an iron rod with aluminum cap stamped "CORR ROW 4933" set;
2) THENCE, departing said proposed ROW line and continuing with said the common boundary line N 87'10'27" E, for a
distance of 14.78 feet to a mag nail stamped "Forest 1847" found In the existing westerly ROW line of Red Bud Lane
(ROW width varies), being the southeasterly corner of said Lot 3, for the northeasterly comer of said Lot 4 and the herein
described parcel;
THENCE, with the easterly boundary line of said Lot 4, same being said existing westerly ROW line, the following three (3) courses:
3) S 02-34-33" E, for a distance of 21.92 feet to a calculated angle point;
4) S 00°19'14" E, for a distance of 139.72 feet to a calculated angle point;
5) S 02-38-35" E, for a distance of 46.67 feet to an iron rod with plastic cap stamped "4933" found;
6) THENCE, departing said existing ROW line, through the interior of said Lot 4, S 42°31'40" W, for a distance of 26.52 feet
to an iron rod with plastic cap stamped "CORR ROW 4933" set in said proposed ROW line, and from which an iron rod
with plastic cap stamped "4933" found in the proposed northerly ROW line of Gattis School Road (ROW width varies)
bears S42"31'40" W, at a distance of 8.94 feet;
7) THENCE, continuing with said proposed easterly ROW line, through the Interior of said Lot 4, N 02"27'42" W, for a
distance of 226.82 feet to the POINT OF BEGINNING, containing 0.104 acre (4,529 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 direct supervision.
WITNE�S/S Y MA=L af.RdCnd Rock,
M. Stephen Truesddle
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
S:\—LJA\redbLid-Gattis-Evergreen\Parcels\ParceI 1. Doc
Texas.
Q,
VS7FP1'IEN TRUESIA-E
r....'.+rQ
1933l
DocuSign Envelope ID: 6FFA9F4D-E57D-4889-B568-9A3424B7468C
"I' '1'0 A.(A,0MIDAAN'Y PA R CLL
NO.
DIRECTION
DISTANCE
L1
N87°10'27"E
9.00'
L2
N87° 10' 27"E
14. 76'
21.92'
LS
502°34'33"E
(L3)_
(S00° 30' 14"E_)
06' )
L4
S02' 38' 35"E
_(22.
46. 67'
L5
S02°38'35"E
20.24'
L6
542°31'40"W
26.52'
L7
542° 31' 40"W
8. 94'
(LB)
(SOO°30'14"E)
(66.76')
-
\ LOT 3
\ asp (0.958 AL:
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........._...........---��—i
N87°10'2'7"E 195.94'
P.O. R. (Ne9°13'2I"E 219.73')
P. O. B.
GRID COORDINATES:
N" N=10,155,304.79
0 C K I E-3,153,069.6�
HEB GROCERY COMPANY, LID
�I DOC. NO. 2007095692
O. P. R. W. C. T.
C
N
LOT 5- CO
798 AC_) N I Ld STONECREST RETA I t
`1 In SUBDIVISION
NI CAB. V SLIDE 360-361
FI, R. W. C. T.
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LOT 4 4,529 SO. FT. r
(REMAINDER CO IV I /
OF 1.240 AC.) 41 II I L°iy
It ' 1933•II
In it
PROPOSED _ R. 0.: 1i.�-
1, I .19]U 49, - ° 3S'% I • • 11 r � ', , tL 4
NG H'O..W IC t•. u. I. n'Lni
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GATTIS SCHOOL ROAD
(R.O.W. WIDTH VAR1ES>
I
07/21/2022 1
--- PARCEL PLAT SHOWING PROPERTY OF
F50.4
LAN D U
�ETICS HEB GROCERY COMPANY, LP PARCEL C1
NAL IAND SURVEYORS 0.104 ACRES
IOLM
ROCTRAIL
RD.
STF. 103 4,529 Sq. F1.
8-1200, FAX (512) 238-1251 81 SCALE PROJECT COUNIY
FIRM RFOISTRATION NO. 100591-00 1 — 60' RED BUD LANE WILLIAMSON PAGE 2 OF 3
DocuSign Envelope ID: 6FFA9F4D-E57D-4889-B56B-9A3424B7468C
PLAT TO ACCOMPANY PARCEL
LEGEND
DUCRIPTION
A
MAG NAIL STAMPED "FOREST 1847" FOUND
_I�^
LINE BREAK
O
IRON ROD WITH ALUMINUM CAP
VV
P.O.B.
POINT OF BEGINNING
STAMPED "CORR ROW 4933" SET
P.O.R.
POINT OF REFERENCE
U
IRON ROD WITH PLASTIC OR
( )
RECORD INFORMATION
ALUMINUM CAP FOUND - AS NOTED
P.R.W.C.T.
PLAT RECORDS
1/2" IRON ROD FOUND
WILLIAMSON COUNTY, TEXAS
®
CO'I TON GIN SPINDLE FOUND
D.R.W.C.T.
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
X
X CUT IN CONCRETE FOUND
O.R.W.C.T.
OFFICIAL RECORDS
0
CALCULATFD POINT
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
PROPERTY l_INF
WILLIAMSON COUNTY, TEXAS
DENOTES COMMON OWNERSHIP
1) All bearings shown hereon are based on grid boorin? All distances are surface distances. Coordinates ore surface voiuds
based on the TOXa3 State Plane Coordinate System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH TIIAT COMMITMENT FOR TITLE INSURANCE GF NO.T-162273,ISS(JED BY TITLE
RESOURCES GUARANTY COMPANY, EFFECTIVE DATE APRIL 20, 2022, ISSUE. DATE MAY 2, 2022.
1. RESTRICTIVE COVENANTS( CABINET V, SLIDE 360 PLAT RECORDS, DOCUMENT NO(S). 199961930 2001019243, 2001003876 2002009653,
2002035940. ?00OUNTY93f£& Z019047552, SUBJECT �O, 2001019244 & 2002009654, DO NOT AFFEC1, ALL OF THE OFFICIAL PUBLIC RECORDS
OF 10 (2). AID FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTH AND SOUTHEAST PROPERTY LINE AS SHOWN ON THE PLAT OF RECORD IN
CABINET V, SLIDE 360, THE PLAT RECORDS OF WILLIAMSON COUNTY, DOES NOT AFFECT AS Sf)OWW.
3. A 5 FOOT PUBLIC UTILITY EASEMENT ALONG THE EAST PROPERTY LINE, AS SHOWN ON TIIC PLAT OF RECORD 1N CABINET V, SLIDE 360,
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, AFFECTS AS SHOWN.
4. DEDICATION OF 0.491 ACRES FOR ADDITIONAL RIGHT-OF-WAY ALONG THE EASTERLY PROPERTY LINE, AS SHOWN ON PLAT RECORDED IN
CABINET V, SLIDE 360. Or THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
S. BUILDING SETBACK LINES AS SET FORTH IN INSTRUMENT RECORDED IN DOCUMENT NO. 19996t930, OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
6. ALL TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN POST -CLOSING AGREEMENT OF RECORD IN DOCUMENT NO. 199961930 AND
AMENDED IN DOCUMENT NO. 2001020940, OF THE OFFICIAL PUBLIC RECORDS Of WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
T. ALL TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN AGREEMENT AND DEVELOPMENT PLAN FOR WESTON PLANNED UNIT DEVELOPMENT
NO. 45 OF RFLLORD IN DOCUMFNT NO. 20010038TG, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
SiCALL TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN DECLARATION OF RESTRICTIONS EASEMENTS AND OPERATING AGREEMENT OF
RECORD IN DOCUMENT NO. 2001019243 AND AMENDED IN DOCUMENT NO. 2002009653, OF THE OFPICIAI PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SUBJECT TO.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION.
M.STE HE T VESDALE v DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS. LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
PARCEL PLAT SHi
(_ I L A N 0 u
GEOC>ETICS HEB GROCERY
1'RaifSSlaNA1 1/1Nt) Sl,liV [Y[);.
1 504 CHISHOLM TRAIT RO. STE. TOT
ROUND ROCK, TX. 78681
COMPANY. LP
PH. (S12) 238 1200 tAX 614238-1251 SCALE PROJEC 1 •.v.+,•,
�( FIRM REGISTRATION NO. 100501 00 j o _ 60, RED BUD LANE I WILLIAMS.ON
07/21/2022
PARCEL 1
0.104 ACRES
4,529 Sq. Ft.
PAGE 3 OF
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Parcel l
EXHIBIT "B"
DEED
Red Bud South 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 BY THESE PRESENTS:
That HEB GROCERY COMPANY, LP n/k/a H-E-B, LP, a Texas limited partnership
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, for use as public right-of-way
and no other purpose, all that certain tract or parcel of land lying and being situated in the
County of Williamson, State of Texas, along with any improvements thereon, being more
particularly described as follows (the "Property"):
All of that certain 0.104 acre (4,529 square foot) tract of land out of and situated in the
Samuel Jenkins Survey, Abstract No. 347 in Williamson County, Texas; more fully
described in Exhibit "A", attached hereto and incorporated herein (Parcel 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:
NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments
or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances,
and encumbrances for taxes and assessments (other than liens and conveyances) presently of record
in the Official Public Records of Williamson County, Texas, that affect the property, but only to the
extent that said items are still valid and in force and effect at this time.
DocuSign Envelope ID: 6FFA9F4D-E57D-4889-B56B-9A3424B7468C
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 interfere with the intended use thereof or in any way
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 Red Bud Lane/Gattis School Road.
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 heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises 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.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the _day of
2022.
[signature page _ follows]
PA
DocuSign Envelope ID: 6FFA9F4D-E57D-4889-B56B-9A3424B7468C
►: \ 6
HEB Grocery Company, LP, n/k/a
H-E-B, LP, a Texas limited partnership
Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the _ day of ,
2022 by in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.