Contract - Scott & White Memorial Hospital - 4/13/2017 Parcel 6B
REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SCOTT &
WHITE MEMORIAL HOSPITAL f/k/a Scott and White Memorial Hospital and Scott, Sherwood
and Brindley Foundation, (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 0.042 acre (1,828 square foot) 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 6B);
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, RESERVING to Seller, however, all oil, gas and other minerals
in, under and that may be produced from the Property (the "Minerals"), 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", compensation for any
improvements on the Property, and for any damage or cost of cure or reconfiguration of the
remaining property of Seller shall be the sum of TWENTY EIGHT THOUSAND ONE
HUNDRED EIGHTY FOUR and 00/100 Dollars ($28,184.00).
Payment of Purchase Price
2.02.The Purchase Price shall be payable in cash at the Closing.
00374604.DOC
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ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obli ations
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
OF SELLER
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
Seller's actual, current knowledge (without any duty of investigation or inspection), 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.
4.02 PURCHASER ACKNOWLEDGES THAT IT IS PURCHASING THE PROPERTY
ON AN "AS IS, WHERE IS, WITH ALL FAULTS" BASIS, AND THAT SELLER IS
MAKING NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF THE
PROPERTY OR ANY IMPROVEMENTS THERETO. PURCHASER FURTHER
ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE
AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR
WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT
TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE
INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE
PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY
CONDUCT THEREON, (D) THE COMPLIANCE OR OF BY THE PROPERTY OR ITS
OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
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MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE
CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY,
(G)THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY, OR(H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY (OTHER
THAN THE WARRANTY OF TITLE TO BE CONTAINED IN THE SPECIAL WARRANTY
DEED TO BE DELIVERED AT THE CLOSING), AND SPECIFICALLY, THAT SELLER
HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR
REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U.S.
ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR
THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS
SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE
COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS
PROMULGATED THEREUNDER. PURCHASER FURTHER ACKNOWLEDGES AND
AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE
PROPERTY, PURCHASER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE
PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY
SELLER. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY
INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY
WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT
MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH
INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN
ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS
OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF,
FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR
OTHER PERSON. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO
THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS
PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS "WITH ALL
FAULTS". IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS
BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE
PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE
FOREGOING.
4.02.The Property herein is being conveyed to Purchaser under threat of condemnation.
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ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before April 28, 2017, 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 (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
Warranty Deed conveying title in fee simple to all of the Property described in Exhibit "A",
reserving the Minerals unto Seller, 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 restrictions, covenants, conditions, rights-of-way, easements,
ordinances, maintenance charges and liens securing said charges, mineral
and royalty grants and reservations, and all other matters, if any, of record
in Williamson County, Texas, to the extent, but only to the extent, that the
same are valid and subsisting and cover or related to the Property or some
portion or interest therein, and all matters that could be discovered by an
inspection or survey of the Property; and
(c) Any exceptions approved by Purchaser in writing.
(2)The Deed shall be in the form as shown in Exhibit"B"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;
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(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".
(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 enforce specific performance of this Contract.
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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
$5,000.00 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 ADn1Y
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.
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.
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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. Neither party shall, without the consent of the other party, 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.
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.
[signature page follows]
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SELLER:
SCOTT & WHITE MEMORIAL HOSPITAL,
f/k/a Scott and White Memorial Hospital and
Scott, Sherwood and dley Foundation
By:
Printed Name: Shahiln Motak1ef
Its: P V e s i C�
Date: OL C, L
Address:
Baylor Scott & White Health
MS-20-D642
2401 South 31" Street
Temple, Texas 76508
Attention: General Counsel, Central Texas
Division
With a copy to:
DuBois, Bryant & Campbell
303 Colorado, Suite 2300
Austin, Texas 78701
Attn: Travis Siebeneicher
Tel. No.: (512) 381-8062
Email: tsiebeneicher@dbcllp.com
8
PURCHASER:
CITY OF ROUND
�ROCK, TEXAS
By: O`//, ' " ` �-�� Address: 221 East Main St.
Round Rock, Texas 78664
Date: •«'��
9
Parcel 6B
EXHIBIT"A"
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.042 ACRE TRACT OF LAND OUT OF THE
SCOTT AND WHITE MEMORIAL HOSPITAL AND
SCOTT,SHERWOOD AND BRINDLEY FOUNDATION TRACT
LOCATED W THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.042 ACRE (1,828 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.042 ACRE TRACT BEING A PORTION OF LOT 2A, BLOCK A, REPLAT OF LOT 1,
BLOCK A, SCOTT AND WHITE SUBDIVISION SECTION ONE, FILED ON MARCH 26,
2008, AND RECORDED IN CABINET EE, SLIDES 224-227 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY,TEXAS (P.R.W.C.T.); SAID 0.042 ACRE TRACT ALSO BEING A
PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION, FILED ON JULY 25, 1997, AND
RECORDED IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.); SAID 0.042 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point marking the southernmost southwest comer of said Lot 2A and being
the southwest corner of the herein described tract, same being a comer of Lot IA of said Block A, said
point also being on the northerly right-of-way (R.O.W.) line of University Boulevard (a variable width
R.O.W.), and from which a 1/2-inch iron rod with red collar stamped "Baker-Aicklen & Assoc" found
marking an angle point on the south line of said Lot IA bears South 73° 52' 45" West, at a distance of
149.73 feet;
THENCE in a Northerly direction, departing the northerly R.O.W. line of said University Boulevard
(Blvd.), with the common line of said Lot IA and said Lot 2A, and with a curve to the right, 27.56 feet
along the arc of said curve to the right,having a radius of 200.00 feet, a central angle of 07°53' 42", and
a chord bearing and distance of North 18° 37' 35" West — 27.54 feet to a 1/2-inch iron rod with
aluminum cap stamped"CORR ROW"(hereafter referred to as"CORR cap")set for the northwest comer
of the herein described tract;
THENCE traveling across the interior of said Lot 2A, same being the proposed northerly R.O.W. line of
said University Boulevard,the following five(5)calls:
1) (LI) North 690 24' 27" East, a distance of 31.47 feet to a cut "X" in concrete set for a comer of
the herein described tract;
2) (L2)North 080 31' 54"West, a distance of 35.79 feet to a cut "X" in concrete set for a comer of
the herein described tract;
3) (L3) North 830 45' 12" East, a distance of 10.01 feet to a 1/2-inch iron rod with "CORR cap" set
for the northernmost comer of the herein described tract;
Page 1 of 3
Exhibit"A"continued
Description of a 0.042 acre tract
4) (L4) South 08° 3 P 54"East, a distance of 16.62 feet to a 1/2-inch iron rod with "CORR cap" set
for a corner of the herein described tract;
5) (1-5) South 65°42' 30" East, a distance of 9.61 feet to a 1/2-inch iron rod with "CORR cap" set
for the northeast comer of the herein described tract;
THENCE in a Southerly direction, with the common line of said Lot IA and said Lot 2A, and with a
curve to the left,37.10 feet along the arc of said curve to the left, having a radius of 150.00 feet, a central
angle of 14° 10' 21", and a chord beating and distance of South 160 06' 20" East — 37.01 feet to a
calculated point for the southernmost southeast corner of said Lot 2A and being the southeast corner of
the herein described tract, same being a corner of said Lot IA, said point also being on the northerly
R.O.W. line of said University Blvd.,and from which a cotton spindle found marking the southeast comer
of said Lot IA bears North 69° 16' 57"East, at a distance of 1,104.47 feet;
THENCE(L6)South 69° 16' 57"West,with the common northerly R.O.W. line of said University Blvd.
and the southerly line of said Lot 2A, a distance of 50.04 feet to the POINT OF BEGINNING of the
herein described tract, delineating and encompassing within the metes recited 0.042 acre (1,828 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 September of 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-4718 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.
,�E.OF TF
3E +
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LP
Daniel
Daniel M. Flaherty,R.P.L.S.No. 5004 D%N.EL.M..FILAFIEMiY
The Wallace Group,A CP&Y Compat y r y 5004 P;Q
One Chisholm Trail.Suite 130 9�`°;css �`.•'yO
Round Rock,Texas 78681 UP�Fi
Ph. (512)248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4718 09-28-2015
22824-FN07.doc Date
Page 2 of 3
EXHIBIT LEA"
(VARIABLE WIDTH RICHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
A 0.042 ACRE (1,828 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
SURVEY SCOTT AND VM1
AN
MEMORIAL HOSPITAL
TZAT� EVANS yf2 SCOTT, SHERWOOD AND BRINOIEY FOUNDATION
EPHABS CT DOC. NO.
O. 9 33254
FILED: JULY 25, 1997
J LOT 2A
REPLAT OF o� BLOCK A REPLAT OF
LOT 1,BLOCK A. CUT"X" �" LOT 1, BLOCK A. SCALE: 1" = 100'
SODrrµSECTIITE ON ONE SUBDIVISION PROPOSED r SCOTT AND MATE SUBDIVISION
CAB. EE, SL. 224-227 R.O.W. UNE O� ECTION ONE
y4 CAB.SFE. SL 22{--227 LOT
PAW. 2 P.R.W.C.T. 9 BLOCKIA
FILED: MARCH 2B, 2008 X0733'42' FILED: MARCH 28, 2006
R 200.00' CUT'Y' L.7' L4 TERAVISTA COMMERCIAL I SUBDIMSION
L�27.SB' tr14'10'2P PHASE TWO
LOT IA SET Rv150.00' S CAB. BB,A 375-376
BLOCK A CBvN 1837'35' W LS Lv37.10' L0T IA P.fl.WC.T.
CD-27.54' L1 CB-S 16'08'20' E BLOCK A FILED: JUNE S. 2DD6
S 73152'45•W CD
=37.01'
149_)3' N 6916'57'E- 1,IO4.47 ON
EXISTING R.O.W. UNE 4, COR FOUND
p)F" LS EXISTING R.O.W. UNE SP1t1�
.I�
FIELD NOTE 1WDTH RO.W. ACQUISITION
POINT OF (VARIABLE2 ACRE (1,626 SO. FTI) UNIVERSITY BOULEVARD
BEGINNING (VARIABLE WIDTH R.O.W.)
UNE TABLE
UNE BEARING DIST.
LI N 892417' E 31.47'
L2 N 01 W 35.78'
L3 N B345'12' E 10.01'
EE L4 S 0831'54' E 16.62'
n L5 S 85'4230' E 9.61'
LS S 6916'57' W 50.04'
LEGEND
N
N GENERAL NOTES; • e FOUND 1/2' IRON ROD WITH RED COLLAR STAMPED
m 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. "BAKER-AICKLEN @ ASSOC" UNLESS OTHERWISE NOTED
$,v 2.) SUBJECT TO ANY AND ALL COVENANTS. RESTRICTIONS, EASEMENTS AND 0 e SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
m CONDITIONS THAT MAY BE APPLICABLE. "CORR ROW' UNLESS OTHERWISE NOTED
o, 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. A - CALCULATED POINT
0 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. C.I.R.F. v CAPPED IRON ROD FOUND
5.) BEARINGS ARE BASED ON THE TEXASSTATE PLANE COORDINATE SYSTEM P.R.WC.T. - PUT RECORDS, WILLIAMSON COUNTY, TEXAS
u (CENTRAL ZONE. NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS D.R.W.C.T. DEED RECORDS, WILLIAMSON COUNTY, TEXAS
a COOPERATIVE CORS RTK NETWORK. O.R.W.C.T. a OFFICIAL RECORDS. WILLIAMSON COUNTY, TEXAS
R O.P.R.W.C.T. - OFFICIAL PUBUC RECORDS. WILLIAMSON COUNTY, TEXAS
I
-THE WALLACE SR-JIJP
`cy enc n Prs e �_i ,o;:.c i „- v � ' OF )-
'" A CP .Y COMPANY "'••••••• Ff
srr
COF':9
WACO KILLEEN DALLAS ROUND ROCK J;'a•
m TBPL510051701 1 Chisholm Trail,Suite 130, Round Rock,Tens 70681 1 (512)248-0065 TBPE F•54 ......................."'•
DANIEL M.FLAHERTY
a THISREBY PLATSTATE THAT TO AND THE SURVEYiE BEST OF MY UPON WHICH TPISO ASED MEETS THONAL E RGE AND BELIEF TH
EQUIREMENTS FOR LAND 5004 P. Q
SURVEYS IN THE STATE OF TEXAS. THIS THE _28TH_ DAY OF S1111MBER 2015
m OCTOBER, 2014 SLIR�f
y SURVEYED: SEPTEMBER, 2015 ~+�
N6 NI FLA ERTY RPLS NO. 5 3 OF 3
w 0 1 00 PLAT NO. A-4718 DRAFT DAfE 09-28-2015 DRAWN BY OV
O SCALEWORK ORDER N0. 22824 FIELDBOOK/PG. 197/15 TAB I/ A-4718
a
0 2015 ALL RIGHTS RESERVED DIGITAL FILE
22824R-PARCELS F/N $ 22824-FN07
EXHIBIT "B"
Parcel 613
SPECIAL WARRANTY 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 SCOTT & WHITE MEMORIAL HOSPITAL f/k/a Scott and White Memorial Hospital
and Scott, Sherwood and Brindley Foundation, 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, hereinafter referred to as "Grantee", 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 (collectively, the "Property"), being more
particularly described as follows:
All of that certain 0.042 acre (1,828 square foot) tract in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas; being more fully described by metes and
bounds in Exhibit"A", attached hereto and incorporated herein (Parcel 6B
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 (the "Retained Improvements"): To the extent removed by Grantor on or before
June 1, 2017, any landscape plantings, facilities, irrigation, lights or other related landscape
items located on the Property. Grantor hereby reserves the right to enter the Property for
purposes of removing the foregoing items. In the event Grantor fails, for any reason, to remove
the Retained Improvements on or before June 1, 2017, (but with no obligation imposed or
implied on Grantor to remove the Retained Improvements) then, without further consideration,
title to all or part of such Retained Improvements not so removed shall pass to and vest in
Grantee and be subject to immediate demolition and removal.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
00374602.DOC/dc
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show, and all
other matters that could be discovered by an inspection or survey of the property;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances),
rights-of-ways, ordinances, maintenance charges and liens securing said charges, mineral and
royalty grants and reservations, and all other matters, if any, 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.
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 materially and adversely interfere with the intended
use thereof or in any way materially and adversely 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.
GRANTEE ACKNOWLEDGES THAT IT IS PURCHASING THE PROPERTY ON AN "AS IS,
WHERE IS, WITH ALL FAULTS" BASIS, AND THAT GRANTOR IS MAKING NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF THE PROPERTY OR ANY
IMPROVEMENTS THERETO. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT
GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND
DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF,
AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR
CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL
AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE
SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH
GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OR OF BY THE PROPERTY
OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER
WITH RESPECT TO THE PROPERTY (OTHER THAN THE WARRANTY OF TITLE
2.
CONTAINED IN THIS SPECIAL WARRANTY DEED), AND SPECIFICALLY, THAT GRANTOR
HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR
REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL
PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR
EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED
BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND
LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED
THEREUNDER. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN
GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY
ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION
PROVIDED OR TO BE PROVIDED BY GRANTOR. GRANTEE FURTHER ACKNOWLEDGES
AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT
TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT
GRANTOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF
SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION. GRANTOR IS NOT LIABLE OR BOUND IN ANY
MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR
INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF,
FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER
PERSON. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN
IS MADE ON AN "AS IS" CONDITION AND BASIS "WITH ALL FAULTS". IT IS
UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY
PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY GRANTOR
AND PURCHASED BY GRANTEE SUBJECT TO THE FOREGOING.
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 successors and
assigns to Warrant and Forever Defend all and singular the Property 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; provided,
however, that this conveyance and warranty of Grantor herein contained are subject to the
remainder of this Special Warranty Deed and the Reservations from and Exceptions to
Conveyance and Warranty.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed to be effective as of this the _ day of
, 2017.
[Signature Page Follows]
3.
GRANTOR:
SCOTT& WHITE MEMORIAL HOSPITAL,
Vk/a Scott and White Memorial Hospital and
Scott, Sherwood and Brindley Foundation
By:
Printed Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the _ day of
2017 by in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of Texas
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:
4.