Contract - KRG Round Rock Forest Commons, LLC - 11/17/2022 DocuSign Envelope ID:5492A639-A6D7-4DC2-95D5-4286C71 EB3AE
REAL ESTATE CONTRACT
Red Bud(South)Right of Way
THIS REAL ESTATE CONTRACT("Contract") is made by and between KRG ROUND
ROCK FOREST COMMONS, LLC (referred to in this Contract as "Seller", whether one or
more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"),
upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for,the tract(s) of land described as follows:
All of that certain 0.083 acre (3,600 square foot) tracts 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 4);
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A"
not otherwise retained by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property, 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 EIGHTY-FOUR THOUSAND TWO HUNDRED EIGHTY-TWO and
00/100 Dollars($84,282.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash or other good funds at the Closing.
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ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OFSELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date:
(a) To Seller's knowledge, there are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to
Purchaser;
(b) To Seller's knowledge, Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the Property, or any part thereof,
4.02. The Property herein is beingconveyed onveyed to Purchaser in lieu of and under threat of
condemnation.
4.03. SUBJECT TO THE EXPRESS REPRESENTATIONS OF SELLER SET FORTH
IN SECTION 4.01 OF THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT
SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE REAL ESTATE, INCLUDING, BUT NOT LIMITED TO, ANY
REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF
TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR
PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING
HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE
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COMPLIANCE OF THE REAL ESTATE WITH GOVERNMENTAL LAWS, THE TRUTH,
ACCURACY OR COMPLETENESS OF THE DOCUMENTS OR ANY OTHER
INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR ANY
OTHER MATTER OR THING REGARDING THE REAL ESTATE. SUBJECT TO THE
EXPRESS REPRESENTATIONS OF SELLER AS SET FORTH IN SECTION 7 OF THIS
AGREEMENT, PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING,
SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL
ACCEPT THE REAL ESTATE "AS IS, WHERE IS, WITH ALL FAULTS." SUBJECT TO
THE EXPRESS REPRESENTATIONS OF SELLER AS SET FORTH IN SECTION 4.01 OF
THIS AGREEMENT, PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND
SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESSED OR IMPLIED
WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION
PERTAINING TO THE REAL ESTATE OR RELATING THERETO (INCLUDING
SPECIFICALLY, WITHOUT LIMITATION, REAL ESTATE INFORMATION PACKAGES
DISTRIBUTED WITH RESPECT TO THE REAL ESTATE) MADE OR FURNISHED BY
SELLER, THE MANAGER OF THE REAL ESTATE, OR ANY REAL ESTATE BROKER OR
AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER
MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING.
PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR
WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE REAL ESTATE,
INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS
TO THE CONDITION OF THE REAL ESTATE AND THE EXISTENCE OR
NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY
HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE REAL
ESTATE,AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION
PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH
RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS OF SELLER AS ARE
EXPRESSLY SET FORTH IN SECTION 4.01 OF THIS AGREEMENT. UPON CLOSING,
PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT
NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY
PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, EXCEPT IN
CONNECTION WITH ANY REPRESENTATIONS OF SELLER MADE IN SECTION 4.01 OF
THIS AGREEMENT, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND
RELEASED SELLER (AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, CAUSES OF
ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS) OF
ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH
PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND
SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT
ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT
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CONSTRUCTION DEFECTS, PHYSICAL CONDITIONS (INCLUDING, WITHOUT
LIMITATION, ENVIRONMENTAL CONDITIONS), VIOLATIONS OF ANY APPLICABLE
LAWS (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) OR ANY
AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS
REGARDING THE REAL ESTATE.
4.04. SELLER AND PURCHASER ACKNOWLEDGE THAT THE COMPENSATION
TO BE PAID TO SELLER FOR THE REAL ESTATE REFLECTS THAT THE REAL ESTATE
IS BEING SOLD SUBJECT TO THE PROVISIONS OF SECTION 4.03, AND SELLER AND
PURCHASER AGREE THAT THE PROVISIONS OF SECTION 4.03 SHALL SURVIVE
CLOSING.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Rise Title Company on or
before December 15, 2022, or at such time, date, and place as Seller and Purchaser may agree, or
within 10 days after the completion of any title curative matters if necessary for items as shown
on the Title Commitment or in the contract (which date is herein referred to as the "Closing
Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Special
(Limited) Warranty Deed (the "Deed") conveying title in fee simple to all of the Property
described in Exhibit "A", free and clear of any and all monetary liens and restrictions, except for
the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2)The Deed shall be in the form as shown in Exhibit`B"attached hereto.
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(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, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shall be deleted; and
(b) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
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,
but shall otherwise be the continuing obligation of Seller to fully satisfy. Agricultural roll-back
taxes, if any, which directly result from the completion of 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 as incurred.
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ARTICLE VI
BREACH BY SELLER
6.01. In the event Seller shall fail to fully and timely perform any of its obligations
hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's
default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the
Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
7.01. In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County,Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract. Purchaser shall not assign its rights or obligations under this
Agreement to another party without the Seller's written consent, which shall not be unreasonably
withheld; provided, that no such assignment shall release Purchaser of its obligations or duties
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under this Agreement, and that the assignee agrees to be specifically bound by the terms of this
Agreement.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
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Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
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.
Contingent Possession and Use Agreement
8.12. Upon completion of(1) the full execution of this Contract by all parties, and (2)
acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the
Title Company, Purchaser, its agents and contractors shall be permitted at any time after
December 31, 2022 to enter and possess the Property prior to Closing for the purpose of
completing any and all necessary testing, utility relocation and construction activities associated
with the proposed roadway improvement construction project of Purchaser on the Property or
other obligations of this Contract, and Seller agrees to make any gate access available to
Purchaser, its contractors or utility facility owners as necessary to carry out the purposes of this
paragraph. The parties further agree to continue to use diligence in assisting with any title curative
measures or mortgage lien release required by the Contract to complete the Closing of the
purchase transaction.
No Brokers
8.13 Each of Purchaser and Seller represent that they, respectively, have not dealt with
any broker, agent, finder or similar party in connection with the transaction contemplated by this
Agreement, and each of Purchaser and Seller hereby indemnifies and holds harmless the other
from any liability, cost or expense (including, without limitation, reasonable attorneys' fees and
costs of enforcement of the foregoing indemnity, whether arising in any underlying action or in
the enforcement of this right of indemnification) arising out of the falsity of the foregoing
representation by such party. The provisions of this Section 18 shall survive the Closing or any
earlier termination of this Agreement
[Signature Page to Follow]
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SELLER:
KRG ROUND ROCK FOREST COMMONS, LLC,
a Delaware limited liability company ppDS
I—Docuftmd by:
Ej
DS
Dr
By: Address: c/o Kite Realty Group
018104A62003437... 30 S. Meridian Street, Suite 1100
Indianapolis, IN 46204
Name: Thomas McGowan
Its: President& COO
Date: 11/2/2022
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: AAddress: 221 E. Main Street
Craig M rgan. or Round Rock, Texas 78664
Date: ? ZZ-
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EXHIBIT A
County: Williamson 06-16-2022
Parcel: 4 Page 1 of 4
Project: Red Bud Lane
PROPERTY DESCRIPTION FOR PARCEL 4
DESCRIPTION OF A 0.083 ACRE (3,600 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE SAMUEL
JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 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 AND
ASSUMPTION TO INLAND WESTERN ROUND ROCK FOREST COMMONS LIMITED PARTNERSHIP
RECORDED IN DOCUMENT NO.2004094866 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.083 ACRE (3,600 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a cotton gin spindle found, being an ell corner in the northerly boundary line of
Lot 2 of said Stonecrest Retail subdivision,same being an ell corner in the easterly boundary line of said Lot 1;
THENCE,with the common boundary line of said Lot 2, and said Lot 1, N 87°29'18"E,for a distance of 45.64 feet to
an iron rod with aluminum cap stamped "CORR ROW 4933" set 49.50 feet left of Red Bud Lane Baseline Station
22+78.50 (Grid Coordinates determined as N=10,155,849.99, E=3,153,055.17 TxSPC Zone 4203) in the proposed
westerly Right-of-Way(ROW)line of Red Bud Lane(ROW width varies),for the southwesterly corner and POINT OF
BEGINNING of the herein described parcel;
THENCE, departing said Lot 2, with said proposed ROW line, through the interior of said Lot 1, the following five (5)
courses:
1) N 02°27'42"W, for a distance of 67.68 feet to an iron rod with aluminum cap stamped"CORR ROW 4933"
set 49.50 feet left of Red Bud Lane Baseline Station 23+46.18, for an ell corner of the herein described
parcel;
2) S 87°32'18" W, for a distance of 12.77 feet to an iron rod with aluminum cap stamped"CORR ROW 4933"
set 62.27 feet left of Red Bud Lane Baseline Station 23+46.18, for an ell corner of the herein described
parcel;
3) N 02°27'42" W, for a distance of 20.00 feet to an iron rod with aluminum cap stamped"CORR ROW 4933"
set 62.27 feet left of Red Bud Lane Baseline Station 23+66.18, for an ell corner of the herein described
parcel; j
4) N 87°32'18" E, for a distance of 12.77 feet to an iron rod with aluminum cap stamped"CORR ROW 4933"
set 49.50 feet left of Red Bud Lane Baseline Station 23+66.18, for an ell corner of the herein described
parcel; !
5) N 02°27'42"W,for a distance of 161.27 feet to an iron rod with aluminum cap stamped"CORR ROW 4933" :
set 49.50 feet left of Red Bud Lane Baseline Station 25+27.45, being in the southerly boundary line of the
remainder of that called 2.500 acre tract (Tract 1) described in a Warranty Deed to Robert M. Carlin and
wife, Sophia Carlin recorded in Volume 1747, Page 414 of the Official Records of Williamson County Texas,
same being in the northerly boundary line of said Lot 1,for the northwesterly corner of the herein described
parcel; rt
6) THENCE, departing said proposed ROW line, with the common boundary line of said Lot 1 and the
remainder of said 2.500 acre tract, N 87143'36" E,at a distance of 3.53 feet pass an iron rod with plastic cap
stamped "Baker Aicklen" found in the existing westerly ROW line of Red Bud Lane (ROW width varies), 1,
same being the southeast corner of the remainder of said 2.500 acre tract,and continuing with said existing
ROW line for a total distance of 13.19 feet to a calculated point, being the northeast corner of said Lot 1,
also being an ell corner in said existing ROW line,for the northeast corner of the herein described parcel;
7) THENCE, departing the remainder of said 2.500 acre tract, with the easterly boundary line of said Lot 1,
same being said existing westerly ROW line, S 02°34'33" E, for a distance of 248.90 feet to an "X" cut in a
concrete found, being the common comer of said Lot 1 and Lot 2, for the southeast corner of the herein
described parcel;
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County: Williamson 06-16-2022
Parcel: 4 Page 2 of 4
Project: Red Bud Lane
8) THENCE, departing said existing ROW line, with the common boundary line of said Lot 1 and Lot 2,
S 87029'18" W, for a distance of 13.69 feet to the POINT OF BEGINNING, containing 0.083 acre (3,600
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 surrey made on the ground under my direct'supervision. I
ARX
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas. E-1-le 1 t)a no" be
do uml sh purpose
Th�s'rtied 10r any
M.Stephen Truesdale 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,TX 78681
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L2 NO2°27'42"W 67. 68' GRID COORDINATES:
L3 S87"32' 18"W 12. 77' N=10, 155,849.99 v
L4 NO2°27'42"W 20.00' E=3, 1 53,055. 17 p yy' I r I n '
L5 N87°32' 18"E 1 2.77' pc`no
L6 N87°43'36"E 3.53'
L7 N87"43'36"E 1 3. 19, I V �; I 1 T j
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SAMUEL JECTINS N0, 347 ? I
ABSTRA 06/16/2022
PARCEL PLAT SHOWING PROPERTY OF
E
I N L A N D u INLAND WESTERN ROUND ROCK PARCEL 4
GEODETiCS PROFESSIONAL LAND SURVEYORS FOREST COMMONS PARTNERSHIP 0.083 ACRES
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY 3,600 S q. F t.
PH.(512)238-1200,FAX(512)239-1251
FIRM REGISTRATION N0.100591-00 rr 1" = 60' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 3 OF 4
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SAWAIRED BUD-GATTIS-EVERGREENIPARCELStPARCEL 4-INLAND WESTERN RRIPARCEL 4-INLAND-WESTERN-RR.dgn
DocuSign Envelope ID:5492A639-A6D7-4DC2-95D5-4286C71EB3AE ^ I B I T "
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
♦ 60D NAIL FOUND r LINE BREAK
0 IRON ROD WITH ALUMINUM CAP P.O.B. POINT OF BEGINNING
STAMPED "CORR ROW" SET
P.O.R. POINT OF REFERENCE
Q IRON ROD WITH PLASTIC OR j RECORD INFORMATION
ALUMINUM CAP FOUND - AS NOTED
P.R.W.C.T. PLAT RECORDS
1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS
® COTTON GIN SPINDLE FOUND D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O.R.W.C.T. OFFICIAL RECORDS
0 CALCULATED POINT WILLIAMSON COUNTY, TEXAS
PROPERTY LINE 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
1�t DENOTES COMMON OWNERSHIP
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the
Texas State Plane Coordinate System, NAD 63, Central Zone.
2) This survey was performed without benefit of a Title Abstract. There may be other instruments of record that affect this tract not
depicted hereon. I
i
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT 1
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION. j
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P *eL%A11 R not be
document sra%urpose,
M. STEPHEN TRUESDALE DATE 1 10r any p
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 recorded
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD. SUITE 103
ROUND ROCK, TEXAS 78661 06/16/2022
PARCEL PLAT SHOWING PROPERTY OF
VGEODETICS 'j
LA N Du INLAND WESTERN ROUND ROCK PARCEL 4
FOREST COMMONS PARTNERSHIP 0.083 ACRES
IONAL LAND SURVEYORSSHOLM TRAIL RD.STE.1033,60O S Ft.
ND ROCK,TX.78681SCALE PROJECT COUNTY q238-1200,FAR(512)238-1251FRGISTRATIONN2.100591-00 JW 60' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 4 OF 4 t
S:U.JAIRED BUD-GATTIS-EVERGREENIPARCELSIPARCEL 4-INLAND WESTERN RRIPARCEL 4-INLAND-WESTERN-RR.dan
DocuSign Envelope ID:5492A639-A6D7-4DC2-95D5-4286C71EB3AE
EXHIBIT "B"
Parcel 4
DEED
Red Bud Lane (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 KRG ROUND ROCK FOREST COMMONS, LLC, hereinafter referred to as
Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to Grantor in hand paid by 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, 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 0.083-acre (3,600 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 4).
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 5492A639-A6D7-4DC2-95D5-4286C71EB3AE
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 Grantee's roadway facilities and related appurtenances.
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 by, through or under
Grantor, but not otherwise.
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]
2.
DocuSign Envelope ID:5492A639-A6D7-4DC2-95D5-4286C71EB3AE
GRANTOR:
KRG ROUND ROCK FOREST COMMONS,LLC,
a Delaware limited liability company
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF §
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
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.