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Contract - Crown Investments, LLC - 8/11/2016
REAL ESTATE CONTRACT University Boulevard Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between CROWN INVETMENTS, LLC, a California limited liability company, (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 0.024 acre tract of land out of and situated in the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas; being more fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 17 ; and Temporary Construction Easement interest in and to all of that certain 0.0335 acre (1,460 SF) tract of land out of and situated in the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas; being further described and shown in Exhibit "B", attached hereto and incorporated herein (Parcel 17TCE); 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 and Additional Compensation 2.01. The Purchase Price for the Property described in Exhibit "A" and the Temporary Construction Easement interest for the Property described in Exhibit "B" shall be the sum of TWENTY SIX THOUSAND FIVE HUNDRED TWENTY and 00/100 Dollars ($26,520.00). 00359925.DOC Additional Compensation 2.02. As Additional Compensation for the acquisition of any improvements upon the Property described in Exhibit "A", and for any damage of cost of cure for reconfiguration of the remaining property of Seller, the Purchaser shall pay the sum of FIFTY EIGHT THOUSAND THREE HUNDRED EIGHT and 00/100 Dollars ($58,308.00) Payment of Purchase Price and Additional Compensation 2.03. The Purchase Price shall be payable in cash at the Closing. Special Provisions 2.04. As additional compensation and as an obligation which shall survive the Closing of this transaction, Seller shall not be required to pay any fees associated with obtaining any permits or other prerequisite requirements by Purchaser in order to construct a reconfiguration of Seller's parking lot and related facilities required by and resulting from the acquisition of the Property described herein. 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, to the best of Seller's knowledge: FA (a) 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) 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 being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Capital Title of Texas on or before August 19, 2016, 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 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 Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A", and a duly executed and acknowledged Temporary Construction Easement conveying such interest in and to the Property described in Exhibit "B", free and clear of any and all liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. The Deed shall be in the form as shown in Exhibit "C" attached hereto. The Temporary Construction Easement shall be in the form as shown in Exhibit "D" attached hereto. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; 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 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 and Additional Compensation. 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, 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. 4 ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (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 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. 5 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. 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. M 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. SELLER: 3830 valley center CROWN INVESTMENTS, LLC Address: a California limited liability company San di ego ca 92130 By: /q-,( Manager Its: Date: 7/25/2016 PURCHASER: CITY OF ROUND ROCK, TEXAS By: 199 / Its: qn G May aY• Date: 8 Address: 221 East Main St. Round Rock, Texas 78664 EXHIBIT "A" Variable Width Right -Of -Way Acquisition METES AND BOUNDS DESCRIPTION OF A 0.024 ACRE TRACT OF LAND OUT OF THE CROWN INVESTMENTS, LLC TRACT LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 0.024 ACRE (1,032 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS; SAID 0.024 ACRE TRACT BEING A PORTION OF LOT 3, BLOCK A, UNIVERSITY MEDICAL PLAZA, SECTION 1, FILED ON OCTOBER 7, 2011, AND RECORDED IN DOCUMENT NO. 2011067442, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.024 ACRE TRACT ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO CROWN INVESTMENTS, LLC, FILED ON AUGUST 28, 2013, AND RECORDED IN DOCUMENT NO. 2013083551, O.P.R.W.C.T.; SAID 0.024 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point marking the northernmost northeast corner of said Lot 3, Block A and the herein described tract, said point also marking the northernmost northwest corner of Lot 4 of said Block A, and from which a 1/2 -inch iron rod with yellow plastic cap stamped "CS LTD" found marking the northernmost northeast corner of said Lot 4, Block A bears North 69° 24' 27" East, at a distance of 195.69 feet, said iron rod also marking the northerly end of a curving cut-back corner at the intersection of the southerly right-of-way (R.O.W.) line of University Boulevard (a variable width R.O.W.) and the westerly R.O.W. line of Cypress Boulevard (a variable width R.O.W.); THENCE departing the southerly R.O.W. line of said University Boulevard (Blvd.), and with the common easterly line of said Lot 3 and the westerly line of said Lot 4, the following three (3) calls: 1) (C-1) In a Southerly direction, 12.74 feet along the arc of a curve to the left, having a radius of 16.28 feet, a central angle of 44° 49' 28", and a chord bearing and distance of South 29° 27' 42" East — 12.41 feet to a calculated point for a corner of the herein described tract and being the point of reverse curvature of a curve to the right; 2) (C-2) In a Southerly direction, 16.18 feet along the arc of said curve to the right, having a radius of 23.35 feet, a central angle of 39° 42' 36", and a chord bearing and distance of South 31° 01' 37" East — 15.86 feet to a calculated point for a corner of the herein described tract and being the point of compound curvature of a curve to the right; 3) (C-3) In a Southerly direction, 5.15 feet along the are of said curve to the right, having a radius of 401.93 feet, a central angle of 00° 44' 05", and a chord bearing and distance of South 15° 42' 53" East — 5.15 feet to a 1/2 -inch iron rod with aluminum cap stamped "CORR ROW" (hereafter referred to as "CORR cap") set for the southernmost southeast corner of the herein described tract; Page 1 of 3 Exhibit "A" continued Description of a 0.024 acre tract THENCE North 83° 54' 35" West, traveling across the interior of said Lot 3, and with the proposed southerly R.O.W. of said University Blvd., a distance of 73.49 feet to a 1/2 -inch iron rod with "CORR cap" set for westernmost corner of the herein described tract, said point being on the common southerly R.O.W. line of said University Blvd. and the northerly line of said Lot 3, and from which a p.k. nail found marking the common northwest corner of Lot 2, Block A and the northeast corner of Lot 1, Block A, both lots being part of said University Medical Plaza, Section 1, bears South 69° 24' 27" West, at a distance of 276.00 feet; THENCE North 69° 24' 27" East, with the common southerly R.O.W. line of said University Blvd. and the northerly line of said Lot 3, a distance of 61.31 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing within the metes recited 0.024 acre (1,032 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock, Texas in October of 2014. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone — NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. This metes and bounds description is accompanied by an exhibit drawing. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A-4742 attached hereto is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Page 2 of 3 Ay :N Daniel M. Flaherty, R.P.L.S. No. 5004 DANIEL M. The Wallace Group, Inc. < : 9 5004 y�i'� `E One Chisholm Trail, Suite 130 s sea y° SUR`l� Round Rock, Texas 78681 Ph. (512) 248-0065 TBPLS Firm No. 10051701 See attached Plat No. A-4742 10-08-2014 22824-FN08.doc Date Page 2 of 3 EXHIBIT "A' ' (VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION) DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 0.024 ACRE (1,032 SQ. FT.) TRACT OF LAND IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS VARIABLE WIDTH R.O.W. ACQUISITION 0.024 ACRE (1,032 SQ. FT,) A �4,S 69'24'27" W N 9'24': ��� A 276.00' 81.31 LOT LOT BL0CKIA I BL0CK2A LOT 3,49 BLOCK A PROPOSED _- CROWN INVESTMENTS. LLC R.O.W. LINE DOC. NO. 2013083551 O.P.R.W.C.T. FILED: AUGUST 28, 2013 UNIVERSITY MEDICAL PLAZA SECTION 1 DOC, NO. 2011067442 O.P.R.W.C.T. FILED: OCTOBER 7, 2011 SCALE: f " = 100' FIELD NOTE UNIVERSITY BOULEVARD POINT OF (VARIABLE WIDTH R. 0. W. ) BEGINNING 1/2" IRON ROD WITH YELLOW CAP STAMPED "CS LTD" FOUND N 69.24'27" E 195.69' -C-1 EXISTING R.O.W. LINE —C-2 LOT 4 CURVE TABLE LOT 18 CURVE DELTA RADIUS LENGTH CH. BEARING CH. DIST. C-1 44'49'28" 16.28' 12.74' S 29'27'42" E 12.41- C-2 39'42'36' 23.35' 16.18' S 31'01'37" E 15.86' C-3 00'"05" 1 401.93' 5.15' S 15'42'53' E 5.15' VARIABLE WIDTH R.O.W. ACQUISITION 0.024 ACRE (1,032 SQ. FT,) A �4,S 69'24'27" W N 9'24': ��� A 276.00' 81.31 LOT LOT BL0CKIA I BL0CK2A LOT 3,49 BLOCK A PROPOSED _- CROWN INVESTMENTS. LLC R.O.W. LINE DOC. NO. 2013083551 O.P.R.W.C.T. FILED: AUGUST 28, 2013 UNIVERSITY MEDICAL PLAZA SECTION 1 DOC, NO. 2011067442 O.P.R.W.C.T. FILED: OCTOBER 7, 2011 SCALE: f " = 100' FIELD NOTE UNIVERSITY BOULEVARD POINT OF (VARIABLE WIDTH R. 0. W. ) BEGINNING 1/2" IRON ROD WITH YELLOW CAP STAMPED "CS LTD" FOUND N 69.24'27" E 195.69' -C-1 EXISTING R.O.W. LINE —C-2 GENERAL NOTES- 1.) OTES1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD8,3) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. 0 = FOUND MONUMENT 0 = SET 1/2" IRON ROD WITH ALUMINUM CAP STAMPED "CORR ROW' = CALCULATED POINT P.R.W.C.T. = PLAT RECORDS, WIWAMSON COUNTY, TEXAS D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS O.R.W.C.T. = OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS. WILLJAMSON COUNTY, TEXAS w The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 The ■ Architects ■ Planners ■ Surveyors 3PLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR U SURVEYS IN THE STATE OF TEXAS. THIS-1iE 8TH_ DAY OF OCTOBER , 2014. SURVEYED: 09-19-2014 ( DANIEL M. FLAHERTY, RPLS NO. 5004 I 3 OF 3 0 100 200 PLAT NO. A-4742 DRAFT DATE 10-08-2014 DRAWN BY DV SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 197/15 TAB # A-4742 0 2014 ALL RIGHTS RESERVED DIGITAL FILE 22824R -PARCELS F/N # 22824-FNO8 LOT 4 LOT 18 / BLOCK A BLOCK 8 (STORMWATER DRAINAGE EASEMENT) w CHANDLER CREEK MEDICAL PAVIUON ti ti UNIVERSITY MEDICAL PLAZA, SECTION 1 j CABINET FF, SLIDES 329-331 Jo p DOC. NO. 2011067442 3 P.R.W.C.T. O.P.R.W.C.T. FILED: OCTOBER 7, 2011 d FILED: APRIL 21, 2009 C � S Jv?12 Ev T -�o X w CYPRESS BOULEVARD P$s RAG (VARIABLE WIDTH R. 0. W. ) Epi GENERAL NOTES- 1.) OTES1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD8,3) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. 0 = FOUND MONUMENT 0 = SET 1/2" IRON ROD WITH ALUMINUM CAP STAMPED "CORR ROW' = CALCULATED POINT P.R.W.C.T. = PLAT RECORDS, WIWAMSON COUNTY, TEXAS D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS O.R.W.C.T. = OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS. WILLJAMSON COUNTY, TEXAS w The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 The ■ Architects ■ Planners ■ Surveyors 3PLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR U SURVEYS IN THE STATE OF TEXAS. THIS-1iE 8TH_ DAY OF OCTOBER , 2014. SURVEYED: 09-19-2014 ( DANIEL M. FLAHERTY, RPLS NO. 5004 I 3 OF 3 0 100 200 PLAT NO. A-4742 DRAFT DATE 10-08-2014 DRAWN BY DV SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 197/15 TAB # A-4742 0 2014 ALL RIGHTS RESERVED DIGITAL FILE 22824R -PARCELS F/N # 22824-FNO8 / -- --ISExI STING PUE PRELIMINARY SUBJECT TO REVISION NOTE: THIS PRELIMINARY ROW STRIP MAP IS NOT TO BE USED FOR ROW RECORDATION PURPOSES N 0' 25' So' 100' SCALE IN FEET LEGEND ¢_.7% RIGHT-OF-WAY (ROW) ACQUISITION FIi^L� r" PUBLIC UTILITY EASEMENT ACOUISITION — -- — EXISTING ROW PROPOSED ROW - - - - -- EXISTING PUBLIC UTILITY EASEMENT - - - -- PROPOSED PUBLIC UTILITY EASEMENT EXISTING PROPERTY LINES CNSpCEg OSpTIO ASE ME NT KCIKENNEDY cONS X TING w „OCK Ili E. MAN ST CI A TYI E.OF LOCKlOUND, T%RTF66A ROW STRIP MAP DEL TACO Parcel 17 EXHIBIT "C" DEED University Boulevard Right of Way THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That CROWN INVESTMENTS, LLC, a California limited liability company, 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: All of that certain 0.024 acre (approximately 1,032 Sq. Ft.) in the Ephraim Evans Survey, Abstract No. 212, Williamson County; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 17 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. 00342326.DOC 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 University Blvd., but shall not be used or exported from the Property for any other purpose. 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 2016. GRANTOR: CROWN INVESTMENTS, LLC, a California limited liability company By: Manager Its: 2. ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF This instrument was acknowledged before me on this the day of , 2016 by in the capacity and for the purposes and consideration recited therein. Notary Public, State of California PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Attn: City Manager 221 East Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 3. Parcel 17 EXHIBIT "D" TEMPORARY CONSTRUCTION EASEMENT University Boulevard Improvements KNOW ALL PERSONS BY THESE PRESENTS: That CROWN INVESTMENTS, LLC, a California limited liability company (hereafter referred to as "Grantor"), whether one or more, in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by the City of Round Rock, Texas, the receipt of which is hereby acknowledged, does hereby grant to the CITY OF ROUND ROCK, TEXAS its agents, contractors, successors and assigns (referred to as "Grantee"), a temporary construction easement for the purpose of constructing proposed University Blvd. roadway, retaining wall, utilities and related facilities within the adjacent right of way owned or acquired by Grantee and/or the remaining property of Grantor, ("Project"), and any associated grading and drainage therewith, in, along, upon and across the property described in Exhibit "A" ("the Property") as necessary to carry out the purposes of this easement. The removal and/or construction of any improvements, driveway, curbs, parking lot, wall or other related facilities on the Property shall be in the location of, subject to, and shall comply with any notes, details, specifications or other requirements or restrictions as shown on the plan sheets attached as Exhibit `B" and incorporated herein. The parties further agree as follows: Following completion of work within the temporary construction easement area described in Exhibit "A", Grantee shall at its expense and within ninety (90) days of completion of the work restore any Property injured or damaged by Grantee's use of the Property and activities thereon, including specifically landscaping, irrigation, parking, pavement, signage, lighting or vegetation, as closely as possible to substantially the same condition or better than existed previous to Grantee's entry upon the Property, taking into consideration the use and purposes to which the Property is to be put. This temporary construction easement shall be in full force and effect at all times during the accomplishment and completion of the construction activities described above. This temporary construction easement shall terminate and the easement rights and improvements constructed within the easement area, if any, shall revert to and become the responsibility of the Grantor, Grantor's successors, and assigns, and all interest conveyed shall terminate on the earlier of (a) the expiration of six (6) months after the beginning of the work upon the Property, or (b) on the date of completion of construction of the Project. To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. 00353412.pOC At no time during the grant of this easement shall Grantor be denied circuity of movement through the existing drive-through service lane on the remaining property of Grantor for the purposes to which the parent tract is currently being put, unless there is an agreement to do so between Grantor and Grantee in advance. This conveyance is subject to all easements and rights of way of record, visible or apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other mineral leases, mineral severances and other instruments that affect the Property. IN WITNESS WHEREOF, the parties hereto have executed this instrument on this day of , 2016. CROWN INVESTMENTS, LLC, a California limited liability company IM Its: Acknowledgment State of California§ County of § This instrument was acknowledged before me on this the day of 2016 by in the capacity and for the purposes and consideration recited herein. Notary Public, State of California AGREED: CITY OF ROUND ROCK, TEXAS Its: Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the day of 2015 by in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas EXHIBIT "A" TO TEMPORARY CONSTRUCTION EASEMENT PRELIMINARY SUBJECT TO REVISION qrE. IS MEET TEE TlE USEB 1^aBNEbi Nun BECONDATION R1p E r ��ZIT I �xEE'INENTER _ L mi — — -- _________________ --- _ __ ____ IO' E STING BLIE BEL iN[O� O ENE' EXISTING VllE�i' T 67 G>�tElfM�i i �/ r 1Ep03®W 19� -------- T. ------- pgMNgpP�PO�OSSyEE�BEyTEE�Lp� I � 5 1C If•]60r 50��EppTIJ W NOT ESTCx ^ j OT B BIOCN ♦ � 1 1 11 EL TACO , . 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SEE - III A PROFILE.RET ALL Tll AOWOPSDELOSSOPpiiUL•ND BINPLAN AND iOION ITFpYIr10N. 2, ALL STATION / OFF SEI INFONNUTIW USED W E RET WALL UMIESS NOrED OTHERPISE. ]• LIMITS MEASUIED FP -NT FOR ROM TOP OF ALTATAIW O II NE BILLS NSNS IE LEVELING PAD .LESS NOTED OTHERWISE. ITIWAL DETAILS NDl SNDm SEE f100i STANDARDDRAWINGS RW NCB,. TIONS LOTIONS S. CONTRACTOR LULL VERIFYT LOU PRIM TO CWS -TIM. ENCINEER LULL BE NOTIFIED OF ANY CONFLICTS IOEDIATELT, 6. CONTRACTW LULL PROVIDE POSITIVE WIIWCf AWAY FRW WILL IT 4L TIMES DW [NG LONSTRUCT(W AND POST CWSTRLCTIW. T. BETCIONE[TED Ai1RP l�PE/WINIiET SP -LINE, REV ICN ,HLT R Wt fW MT TIM, BIW IKi W PERYIf PUi05E5 cD, E.V ONSBILrIND ENGINEER WTTHEt J• IIERNER. P.E. P.E. 6 'OrBNi OIR 1/20/2015 TIIDL EE)Y KCIKoN NG ift FROM UNIVERSITY OARS BLVD TO LWIIISE ND UNIVERSITY BLVD f!R RETAINING WALL LAYOUT WALL RWUNV] STA 10.00.00 TO STA 10e/S./1 VARIESVAW[ES SEE NDTE 3 EEE -1. 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