Contract - CV-Chandler Road LLC - 12/1/2016 REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CV-
CHANDLER ROAD 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 0.095 acre (4,126 square foot)tract of land out of and situated in
the N.B. Anderson Survey, Abstract No. 29 in Williamson County, Texas; being
more fully described in Exhibit "A", attached hereto and incorporated herein
(Parcel 21 ; and
Public Utility Easement interest in and to all of that certain 0.004 acre (170 square
foot) tract of land out of and situated in the N. B. Anderson Survey, Abstract No.
29 in Williamson County, Texas; being further described and shown in Exhibit
"B", attached hereto and incorporated herein(Parcel 21PUE);
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 Exhibits"A-
B" 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 described in Exhibit "A", the Public Utility
Easement interest for the Property described in Exhibit `B", 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 THIRTY TWO THOUSAND FOUR
HUNDRED TWENTY SEVEN and 00/100 Dollars ($132,427.00).
00365410.DOC
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Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
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:
(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.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before December 15`h, 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 Public Utility 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.
(2) The Deed shall be in the form as shown in Exhibit "C" attached hereto. The Public
Utility Easement shall be in the form as shown in Exhibit"D" attached hereto.
(3) 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
3
(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".
(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.
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.
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.
4
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.
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.
5
Prior Ajzreements 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.
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.
6
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:
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CV-CHANDLER ROAD LLC Address:
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PURCHASER:
CITY OF ROUND ROCK,TEXAS
By: Ov/), Address: 221 East Main St.
Round Rock, Texas 78664
Its: v� �' W G+VaY-
Date:
8
Exhibit "A"
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION I
OF A
i
0.095 ACRE TRACT OF LAND P
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
1
BEING A 0.095 ACRE(4,126 SQUARE FOOT)TRACT OF LAND SITUATED IN THE N.B.
ANDERSON SURVEY, ABSTRACT NO. 29,WILLIAMSON COUNTY,TEXAS;SAID 0.095
ACRE TRACT BEING A PORTION OF LOT 1, BLOCK B, UNIVERSITY SUNRISE
SECTION 1, A REPLAT OF A PORTION OF OAKMONT CROSSING SECTION ONE,LOT-
2, BLOCK B, FILED ON MAY 11, 2007, AND RECORDED IN CABINET DD, SLIDES 107-
108 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID
0.095 ACRE TRACT ALSO BEING A PORTION OF LOT 1, BLOCK B AS DESCRIBED IN
A GENERAL WARRANTY DEED TO CV-CHANDLER ROAD LLC, FILED ON
DECEMBER 15, 2011, AND RECORDED IN DOCUMENT NO. 2011084835 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS (O.P.R.W.C.T.); SAID
0.095 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a cut "X" in concrete found for the southwest corner of said Lot 1, Block B and the
herein described tract, same being the westernmost corner of Lot 5, Block B, University Sunrise
Subdivision Section Two, filed on March 8, 2007, and recorded in Cabinet DD, Slides 44-45,
P.R.W.C.T., and being on the easterly right-of-way line (R.O.W.) of Sunrise Road (variable width
R.O.W.);
THENCE North 20° 43' 42" West, with the common westerly line of said Lot 1, Block B and the
easterly R.O.W.line of said Sunrise Road, a distance of 252.55 feet to a 1/2-inch iron rod with yellow cap
stamped "Carter &Burgess"found for the westernmost northwest comer of said Lot 1,Block B and the
herein described tract, said point also marking the southerly end of a corner clip at the intersection of the
easterly R.O.W. line of said Sunrise Road and the southerly R.O.W. line of University Boulevard
(variable width R.O.W.);
THENCE North 24°57' 06"East,with the northwesterly line of said Lot 1,Block B,a distance of 49.16
feet to a 5/8-inch iron rod with yellow plastic cap stamped"Carter&Burgess"found for the northernmost
northwest corner of said Lot 1, Block B and the herein described tract, said point also marking the
northerly end of said corner clip at the intersection of the easterly R.O.W. line of said Sunrise Road and
the southerly R.O.W.line of said University Boulevard;
THENCE North 68° 57' 54" East, with the common northerly line of said Lot 1, Block B and the
southerly R.O.W. line of said University Boulevard, a distance of 9.62 feet to a 1/2-inch iron rod with
aluminum cap stamped"CORR ROW" set for the northeast corner of the herein described tract;
THENCE departing the southerly R.O.W. line of said University Boulevard, and traveling across the
interior of said Lot 1,Block B,the following two calls:
1) South 25° 18' 12"West, a distance of 41.39 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW"set for an angle point and interior corner of the herein described tract;
Page 1 of 3
t
Exhibit"VI continued
Description of a 0.095 acre tract
2) South 20° 43' 42" East, a distance of 258.21 feet to a set 1/2-inch iron rod with aluminum cap
stamped"CORR ROW"for the southeast corner of the herein described tract,said point being on the
common southerly line of said Lot 1,Block B and a northerly line of said Lot 5,Block B,University
Sunrise Subdivision Section Two;
THENCE South 69° 17' 14" West, with the common southerly line of said Lot 1, Block B and a
northerly line of said Lot 5, Block B, a distance of 15.00 feet to the POINT OF BEGINNING of the
herein described tract, delineating and encompassing within the metes recited 0.095 acre(4,126 square
feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, A
CP&Y Company,Round Rock,Texas in 2015.
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-4871 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.
OF
♦ CPQ N
Daniel M.Flaherty,R.P.L.S.No.5004( DANIEL M..FLAHERTY
The Wallace Group,A CP&Y Company r q 5004 P Q
One Chisholm Trail,Suite 130
Round Rock,Texas 78681 SURv
Ph.(512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4871 11-06-2015
22824-FN26.doc Date
Page 2 of 3
i
EXHIBIT eeA a
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.095 ACRE (4,126 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R.0.W.)
5/8' IRON ROD WITH
YELLOW PLASTIC CAP
STAMPED "CARTER k BURGESS' N 6867'64' E
FOUND 9.62'
EXISTING R.O.W. UNE
N 24'57'08' E
49.16'
S 2516'12' W „ ,
41.39' SCALE: 1 = 100
VARIABLE WIDTH
RIGHT-OF-WAY ACQUISITION
0 0.085 ACRE(4,128 SQ. FT) SUR9EY
r4 A� 'S, a BLOCKiB ? oDp'TNND 2
A 3 I UNIVERSITY SUNRISE SECTION 1, zo V.D.ASST
'cv A REPLAT OF A PORTION OF S
=� OAKMONT CROSSING SECTION ONE, LOT 5
b LOT 2, BLOCK B = BLOCK B
a CAB. DD, SLD. 107-108 v� UNIVERSITY SUNRISE SUBDIVISION
x N P.R.W.C.T. SECTION TWO
EQ N FILED: MAY 11, 2007 CAB. DD, SLD. 44-45
P.R.W.C.T.
PROPOSED LDDC. NOD 2LER 0110848 5OAD C FILED: MARCH 8, 2007
R.O.W. LINE O.P.R.W.C.T.
FILED: DECEMBER 15, 2011
CUT'X' FND.
IN CONC. SUBDIVISION UNE
w S 6917'14' W
FIELD NOTE 15'00'
LOT 5
E POINT OF I-- BLOCK B LOT 6 LOT 8
BEGINNING d BLOCK a BLOCK B
z
F
LEGEND
cn
N GENERAL NOTES: ®= FOUND 1/2' IRON WITH YELLOW CAP STAMPED
m 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. CARTER do BURGESS (UNLESS OTHERWISE NOTED)
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND ®_ SET 1/2" IRON ROD WITH ALUMINUM CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE. "CORR ROW'
0 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. ® = CALCULATED POINT
•0 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T.= PLAT RECORDS, VAWAMSON COUNTY, TEXAS
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, VAWAMSON COUNTY, TEXAS
0Uj
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LE1CA'S CENTRAL TEXAS CPS O.R.W.C.T.= OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS
cra
COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T.= OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY, TEXAS
i
N ® WALLACE c=t �g
engineers architects surveyors
F TF
A CP&Y COMPANY
of WACO KILLEEN DALLAS ROUNDROCK e N
j TBPLS 10051701 1 Chisholm Trail,Suite 130,Round Rock,Texas 78681 1 (512)248-0065 TBPE F-54 DANIEL M;FLAHERTY
3 1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT f 9 5004 Q [r
M THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 9' pFEsst°?' 0
SURVEYS IN THE STATE OF TEXAS. THIS �H D Y OF 2015 V ........
R`I��
N SEPTEMBER 2014 a,-,
SURVEYED: NOVEMBER 2015 IEL M. FLAHERTY RPLS NO. 5004 3 OF 3
0 0 100 200 PLAT NO. A-4871 DRAFT DATE 11-08-15 DRAWN BY SRM
& SCALE WORK ORDER N0. 22824 FIELDBOOK/PG, 195 9 TAB A-4871
i 22824R-PARCELS F 22824-FN26
® 2015 ALL RIGHTS RESERVED DIGITAL FILE # I
[Exhibit "B"
Variable Width Public Utility Easement
E
F
METES AND BOUNDS DESCRIPTION s
OF A
0.004 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.004 ACRE (174 SQUARE FOOT) TRACT OF LAND SITUATED IN THE N.B.
ANDERSON SURVEY, ABSTRACT NO. 29,WILLIAMSON COUNTY,TEXAS; SAID 0.004
ACRE TRACT BEING A PORTION OF LOT 1, BLOCK B, UNIVERSITY SUNRISE
SECTION 1, A REPLAT OF A PORTION OF OAKMONT CROSSING SECTION ONE, LOT
2, BLOCK B, FILED ON MAY 11, 2007, AND RECORDED IN CABINET DD, SLIDES 107-
108 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID
0.004 ACRE TRACT ALSO BEING A PORTION OF LOT 1, BLOCK B AS DESCRIBED IN
A GENERAL WARRANTY DEED TO CV-CHANDLER ROAD LLC, FILED ON
DECEMBER 15, 2011, AND RECORDED IN DOCUMENT NO. 2011084835 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS (O.P.R.W.C.T.); SAID
0.004 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING FOR REFERECNE at a 5/8-inch iron rod with yellow plastic cap stamped "Carter &
Burgess"found for the northernmost northwest corner of said Lot 1,Block B, said point also marking the
northerly end of a corner clip at the intersection of the southerly right-of-way(R.O.W.)line of University
Boulevard (variable width R.O.W.) and the easterly R.O.W. line of Sunrise Road (variable width
R.O.W.);
THENCE South 43°02' 30"East,traveling across the interior of said Lot 1,Block B,a distance of 10.79
feet to a calculated point for the POINT OF BEGINNING and northwest corner of the herein described
tract;
THENCE continuing to travel across the interior of said Lot 1,Block B,the following four calls:
1) North 68° 57' 54" East, a distance of 9.58 feet to a calculated point for the northeast corner of the
herein described tract;
2) South 25° 18' 12"West, a distance of 33.14 feet to a calculated point for the southernmost corner of
the herein described tract;
3) North 20°43' 42"West,a distance of 9.02 feet to a calculated point for the westernmost corner of the
herein described tract, and from which a 1/2-inch iron rod with yellow plastic cap stamped"Carter&
Burgess"found for the westernmost northwest corner of said Lot 1,Block B bears South 46°36' 49"
West, at a distance of 27.09 feet, said 1/2-inch iron rod also marking the southerly end of said corner
clip at the intersection of the southerly R.O.W. line of said University Boulevard and the easterly
R.O.W.line of said Sunrise Road;
Page 1 of 3
i
Exhibit"A"continued
Description of a 0.004 acre tract
4) North 24° 57' 06" East, a distance of 19.94 feet to the POINT OF BEGINNING of the herein
described tract,delineating and encompassing within the metes recited 0.004 acre(174 square feet)of
land, more or less,based on the survey and exhibit drawing made by The Wallace Group,A CP&Y
Company,Round Rock,Texas in 2015.
Basis of Bearings: Beatings 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-4873 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.
CPQ G`OF F9Ff i
�[ o N
DANIEL M.FLAHERTY
C' Daniel M.Flaherty R.P.L.S.No.5004 `""" """""'
� 9 5004 P:Q
The Wallace Group,A CP&Y Compa y 4%0 f o`' O
One Chisholm Trail,Suite 130 �..Fs s� . A
Round Rock,Texas 78681 SURv�
Ph.(512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4873 11-06-2015
22824-FN27.doc Date
Page 2 of 3
y'
E.XH BIT eeA t
(VARIABLE WIDTH PUBLIC UTILITY EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.004 ACRE (974 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
5/8"IRON ROD WITH
YELLOW PLASTIC CAP
STAMPED "CARTER &BURGESS"
FOUND S 43'02'30" E
10.79'
FIELD NOTE FIELD NOTE UNIVERSITY BOULEVARD
BEGINNING POINT OF (VARIABLE WIDTH R.O.W.)
FOR BEGINNING
REFERENCE SCALE. 1" = 100'
N 88'57'54' E
9.58' EXISTING R.O.W. LINE
N 2457'06" E
19.94' ----------------------
5 8838'49" W VARIABLE WIDTH
27'09' PUBUC UTILITY EASEMENT
0.004 ACRE (174 SQ. FT) 10' P.U.E. & SIDEWALK EASEMENT z
N 20'43'42' W I S 25'18'12" W PER CAB. DO SL 107-108,
9.02' 33.14' LOT 1 P.R.W.C.T. o
BLOCK B s
C3 z
-� UNIVERSITY SUNRISE SECTION 1, m 0
A REPLAT OF A PORTION OF 0
O W i OAKMONT CROSSING SECTION ONE, o a o
> > LOT 2, BLOCK B M N
p 3 3 I CAB. DD, SLD. 107-108 m F
V4 ' d o P.R.W.C.T. to In qc5
q d d I FILED: MAY 11, 2007 ,t �-o z zo iri 3
V1 Q CV-CHANDLER ROAD LLC 449 g m t' o d
W °o DDC. NO. 2011084835 9 2 m
a ( O.P.R.W.C.T. p11�0 �' cai
FILED: DECEMBER 15, 2011 �9�4¢�
� EASEMENT
TEXAS POWER 8 LIGHT COMPANY
I VOL.O 69,R.W.C.T.. 129, P�$�
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N 15' P.U.E.
PER CAB. H, SL 311-313,
"' I P.R.W.C.T.
1
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N GENERAL NOTES: LEGEND
to 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND 0= FOUND 1/2" IRON WITH YELLOW CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE CARTER &BURGESS(UNLESS OTHERWISE NOTED)
0 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. O= CALCULATED POINT
v 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. P.R.W.C.T.= PLAT RECORDS, W1WAMSON COUNTY, TEXAS
vi 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
w O.R.W.C.T.= OFFICIAL RECORDS, WIWAMSON COUNTY,TEXAS
L3 (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTK NETWORK.
a O.P.R.W.C.T.= OFFICIAL PUBLIC RECORDS, WILIIAMSON COUNTY, TEXAS
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A GPC.Y COMPANY �Q•,•'��srFy.-{-
WACO KILL
EEN DALLAS ROUNDROCK
Ln TBPLS 10051701 1 Chisholm Trail,Suite 130,Round Rock,Texas 78681 1 (512)248-0065 TBPE F-54 """ """""""""
� DANIEL M.FLAHERTY
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1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ...............................5004
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND -v'---O
tq
SURVEYS IN THE STATE OF TEXAS. THIS THE 6TH DAY OF NOVEMBER a 2015. j �sss�°? O
co SEPTEMBER 2014
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0 0 60 0 PLAT NO. A-4873 DRAFT DATE 11-06-15 DRAWN BY SRM
0 SCALE WORK ORDER N0. 22824FlELDBOOK/PG, 195/9 TAB # A-4873
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN27
EXHIBIT "C"
Parcel 21
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
INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That CV-CHANDLER ROAD 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:
All of that certain 0.095 acre (4,126 square foot) tract in the N.B. Anderson Survey,
Abstract No. 29, Williamson County, Texas; being more fully described by metes and
bounds in Exhibit"A", attached hereto and incorporated herein Parcel 21
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.
00361674.130C
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:
CV-CHANDLER ROAD LLC
By:
Printed Name:
Its:
2.
ACKNOWLEDGMENT
STATE OF §
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
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 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.
EXHIBIT "D"
University Blvd.—Parcel 21PUE
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That CV-CHANDLER ROAD LLC., whose current address is
, and its successors and assigns, ("Grantor"), for
and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated
in the County of Williamson and State of Texas ("Grantee"),the receipt and sufficiency of which
is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights
and interests in the nature of a perpetual public utility easement and right-of-way in, upon, over,
under, above and across the following described property,to-wit:
All of that certain 0.004 acre (174 SF) tract of land situated in the N.B. Anderson
Survey, Abstract No. 29, Williamson County, Texas; and being more particularly
described in Exhibit "A" attached hereto and incorporated herein for all purposes
(Parcel 21 PUE).
The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance,
alteration, repair, rebuilding, removal and patrol of public utilities, to-wit: electric transmission
and distribution lines, telecommunication and cable television lines, water lines, natural gas
lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and related
equipment, stormwater lines, drainage systems and structures, all necessary conduits, valves,
vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage
pipes and all other subsurface drainage structures, and any necessary accessories, or operations.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00351634.DOCX
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
easement, including the right to build and use the surface of the easement for private streets,
roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided
Grantor shall not erect or construct on the easement any building or other structure such as a
patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the
easement, or diminish or substantially add to the ground cover over the facilities. Grantee shall
not be responsible or liable for the removal, repair or damage to any property, structure, building,
or other use inconsistent with the rights conveyed to Grantee by the easement; provided,
however, before constructing any improvements, at least ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the easement,
and Grantor must first obtain the consent and approval from Grantee of the construction and
location of any improvements within the easement.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) 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.
It is understood and agreed that any and all utility equipment and facilities placed upon
said property by Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility easement for the purposes stated
herein.
The grant of this easement is being delivered in lieu of condemnation.
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TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2016.
(Signatures on the following pages)
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GRANTOR:
CV-Chandler Road LLC
By:
Printed Name:
Its:
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 2016, by , known by me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that they
executed the same as the act and deed of and on behalf of said entity and in the capacity and for
the purposes and consideration therein expressed.
Signature
Printed Name
Notary Public, State of
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