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R-08-04-10-11H1 - 4/10/2008 RESOLUTION NO. R-08-04-10-11 H 1 WHEREAS, the City desires to purchase a 0 . 531 acre tract of land for additional right-of-way for the Old Settlers Boulevard (formerly Kiphen Road) Improvement Project, and WHEREAS, Camco Land, Ltd. , the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Camco Land, Ltd. , a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 200 . NYL ELL, ayor Ci f Round Rock, Texas ATTEST: - q�,/M i,- I A MI S -L. WHITE, City Secretary 0:\WDOH\RESOLUTI\R80410H1.DOC/rmc Kiphen Rd.—parcel l REAL ESTATE CONTRACT Kiphen Road Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CAMCO LAND LTD., A TEXAS LIMITED PARTNERSHIP, (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 ("Property"): All of that certain 0.531 acre tract of land, more or less, situated in the George W. Glasscock Survey, Abstract No. 287, in Williamson County, Texas; being more fully described by metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein (Parcel 1). This purchase also includes any improvements and fixtures situated on and attached to the Property which are not removed by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property, and compensation for any damages to the remaining property of Seller, shall be the sum of FOUR HUNDRED EIGHTY THOUSAND and 00/100 Dollars ($480,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. C:\Documents and Settings\nncmillin\Local Settings\Temporary Intemet Fi1es\0LK352\CAMC0--Rea1 estat contract--Kiphen(DF 4-1-01)(00135753).DOC EXHIBIT D "Al l Special Provisions 2.03. As an obligation which shall survive the closing of this transaction, at the time of the construction of the Kiphen Road and Kiphen Circle Phase I/II project improvements Purchaser shall construct one thirty(30) foot wide driveway from Kiphen Circle to the northern remainder of Seller, and one thirty (30) foot wide driveway from Kiphen Road to the southern remainder of Seller, between the edge of the roadway improvements and the remaining property of Seller. Both driveways shall be built to commercially acceptable standards and regulations as applied within the City of Round Rock and in no event shall the grade of said driveways exceed eight percent. The driveways shall be constructed in substantial compliance with the plans, specifications and locations as shown on Exhibit "B" attached hereto and incorporated herein. If necessary, Seller agrees to provide a temporary construction easement as requested across the remainder property in order to allow Purchaser to complete the driveway construction, as well as any associated grading and/or drainage construction. 2.04. As an obligation which shall survive the closing of this transaction, after the realigned Kiphen Road/Kiphen Circle roadway improvements are completed and open to the public, Purchaser agrees to abandon or otherwise release any interest in the existing Kiphen Road/CR 113 right of way that is between FM 1460 and the proposed Kiphen Circle, obliterate any existing roadway improvements, and revegetate the area generally identified on Exhibit "B" attached hereto and incorporated 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.): Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Survey 3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. 2 Miscellaneous Conditions 3.04. 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 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: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof, 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 Title Company on or before April 25, 2008, 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 Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title to all of the Property as shown in Exhibit "A", free and clear of any and all liens and encumbrances, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; 3 (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) If requested, 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 Purchaser's interest 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;" 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 if not previously done. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. If required, 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. All special taxes or assessments to the closing date shall be paid by Seller. 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. 4 (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII 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 shall be forthwith returned by the title company to Purchaser. ARTICLE VIII 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 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. 5 ARTICLE IX MISCELLANEOUS Notice 9.01. 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 9.02. 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 9.03. 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 9.04. 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 9.05. 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 9.06. Time is of the essence in this Contract. 6 Gender 9.07. 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 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 9.09 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. Possession and Use Agreement 9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of relocating utilities and constructing or improving a public road and related facilities, upon full execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement document suitable for recording if requested by Purchaser. Effective Date 9.11 This Contract shall be effective as of the date it is approved by the City of Round Rock, which date is indicated beneath the City's signature below. [signature page follows/ 7 SELLER: CAMCO LAND LTD., A TEXAS LIMITED PARTNERSHIP By: Address: Its: Date: PURCHASER: CITY OF ROUND ROCK By: Nyle Maxwell Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 8 PARCEL: 1 Page 1 of 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.531 ACRE (23,148 SQUARE FOOT), TRACT OF LAND SITUATED IN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 287, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 275.214 ACRE TRACT OF LAND (TRACT 4), CONVEYED TO CAMCO LAND LTD. BY INSTRUMENT RECORDED IN VOLUME 2491, PAGE 303 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.531 ACRE (23,148 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found 3/8" iron rod at an interior ell comer in the easterly boundary line of the remaining portion of said 275.214 acre tract, 418.26 feet right of proposed Kiphen Road baseline station 12+41.93, being the northwesterly corner of that called 2.411 acre tract of land conveyed to Texas Power and Light Company by instrument.recorded in Volume 1389, Page 309 of the Official Records of Williamson County, Texas; THENCE, with common boundary line of the remaining portion of said 275.214 acre tract and said 2.411 acre tract, N 80°12'07" E. passing at a distance of 257.88 feet, a found 1/2" iron rod, and continuing for a total distance of 258.75 feet to a calculated point in the westerly boundary line of that called 11.301 acre tract of land (Tract 1), conveyed to GCLC Ltd., by instrument recorded in Document No. 2001032406 of the Official Public Records of Williamson County, Texas, being an exterior ell comer in the easterly boundary line of the remaining portion of said 275.214 acre tract and the northeasterly corner of said 2.411 acre tract; THENCE, departing the northerly boundary line of said 2.411 acre tract, with the common boundary line of the remaining portion of said 275.214 acre tract and said 11.301 acre tract, N 20016119" W for a distance of 351.68 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed curving south right-of-way line of Kiphen Road, 52.00 feet right of proposed Kiphen Road baseline station 13+58.65, being the southeasterly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing the westerly boundary line of said 11.301 acre tract, through the interior of the remaining portion of said 275.214 acre tract, with the proposed south right-of-way line of Kiphen Road, the following two courses: 1) Along a curve to the right, having a delta angle of 16°33'10", a radius of 746.49 feet, an arc length of 215.66 feet, and a chord which bears S 89054131" W for a distance of 214.91 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 52.00 feet right of proposed Kiphen Road baseline P.C. station 11+58.01; PARCEL: 1 Page 2 of 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK 2) N 81°48'54" W for a distance of 47.26 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the easterly boundary line of that called 1.179 acre tract of land conveyed to the State of Texas by instrument recorded in Document No. 2004096729 of the Official Public Records of Williamson County, Texas same being the existing east right-of-way line of F.M. 1460 (right-of-way width varies), 52.00 feet right of proposed Kiphen Road baseline station 11+10.75, being the southwesterly corner of the herein described tract, from which a found TxDOT Type II monument in said existing east right-of-way line of F.M. 1460 bears S 57010'06"W, a distance of 71.36 feet; THENCE, departing the proposed south right-of-way line of Kiphen Road, with the common boundary line of the remaining portion of said 275.214 and said 1.179 acre tract, same being said existing east right-of-way line of F-M. 1460, the following two(2)courses: 3) N 57010'06" E for a distance of 8.14 feet to a found TxDOT Type II monument, being an angle point in the westerly boundary line of the herein described tract; 4) N 21°06'36" E for a distance of 97.12 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed north right-of-way line of Kiphen Road, 48.00 feet left of proposed Kiphen Road baseline station 11+38.62, being the northwesterly corner of the herein described tract, from which a found TxDOT Type 11 monument at an angle point in said east right-of-way line of F.M_ 1460, bears N 21006'36" E, a distance of 9.79 feet; THENCE, departing said existing east right-of-way line of F.M. 1460, through the interior of the remaining portion of said 275.214 acre tract, with the proposed northerly right-of-way line of Kiphen Road, the following two courses; 5) S 81048'54" E for a distance of 19.40 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left, 48.00 feet left of proposed Kiphen Road baseline P.C. station 11+58.01: 6) Along said curve to the left, having a delta angle of 10°35'03", a radius of 646.49 feet, an arc length of 119.43 feet, and a chord which bears S 87°06'26" E for a distance of 119.26 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the southwesterly terminus of the cutback right-of-way line extending between said proposed northerly right-of-way line of Kiphen Road and the proposed westerly right-of-way line of Kiphen Circle, 48.00 feet left of proposed Kiphen Road baseline station 12+86.30, being an angle point in the northerly boundary line of the herein described tract; PARCEL: 1 Page 3 of 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK 7) THENCE, continuing through the interior of the remaining portion of said 275.214 acre tract, with said proposed cutback right-of-way line, N 34046'22" E for a distance of 54.21 feet to a set 1/2' iron rod with a City of Round Rock aluminum cap in the common boundary line of the remaining portion of said 275.214 acre tract and that called 46.526 acre tract of land conveyed to Northpark at Old Settlers, Ltd., by instrument recorded in Document No. 2004068735 of the Official Public Records of Williamson County, Texas, same being said proposed westerly right-of-way line of Kiphen Circle, 90.31 feet left of proposed Kiphen Road baseline station 13+23.97, being the northeasterly corner of the herein described tract; 8) THENCE, departing said proposed westerly right-of-way line of Kiphen Circle, with said common boundary line, S 20°16'19" E, passing at a distance of 143.23 feet, a calculated point, being an exterior ell corner in the westerly boundary line of said 46.526 acre tract and the northwesterly comer of said 11.301 acre tract, and continuing for a total distance of 146.20 feet to the POINT OF BEGINNING, containing 0.531 acres, (23,148 square feet)of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground.under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. At� ,moo M. Stephen Truesdale Date Registered Professional Land Surveyor No. 4933 �. Licensed State Land Surveyor p F Inland Civil Associates, L.L.C. •••°'•••� �` 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 M.STEPHEN TRUESOALE 512-238-1200 49300 A « KIPHEN ROAD—PARCEL 1 SUM . LEGEND ■ TYPE I CONCRETE MONUMENT FOUND R TYPE II MONUMENT FOUND • 1/2 " IRON ROD FOUND I £ 0 1/2 - IRON ROD SET W/ S CITY OF ROUND ROCK ALUMINUM CAP A CALCULATED POINT 0 50 100 l CENTER LINE I Q PROPERTY UNE ( ) RECORD INFORMATION J / 1" = 100' P.O.B. POINT OF BEGINNING o� P.O.R. POINT OF REFERENCE aGe A O.P.R.W.C.T. OFFICIAL PUBLIC RECORDSy4 > WILLIAMSON COUNTY, TEXAS `` r-I* O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS �— LINEWILLB EAON COUNTY, TEXAS CA WItI,iS DONAHO SURVEY, ABSTRACT NO. 173 < PROPOSED R.O.W. r / m EXISTING EXISTING C.R. 113 – KIPHKIPHEN ROAD GEORGE W. GLASSCOCK SURVEY (PRESCR)PT1VE R-O.w. WIDTH VAMES) .� _ S68'16'42"W EXISTING R.O.W_ ABSTRACT NO. 287 r- 106.02' � o °� / f N• o y�v NORTHPARK AT Qo /t/ g 66, o o Zi OLD SETTLERS, LTD. �/ k}P �yg �o s v 0;0 (46.526 AC.) ' qp F�>tG X'o <4 0 ol N�' rn 0 DOC. # 2004068735 / 9o°�G' �, • 11+3ps2 '� Z O.P_R_W.C.T. 4&00 LT n Q-' 0. mg� • •(v / / oc oQ ,y'`O� • 0 0 , tip 0 f �1 01 R,owa��L1 ,� Oj' 13+23.9 p 80.31'LT �`, O6" W Q J` 55��� • 11+5&01 N Q�j • /5200'R7 - p PROPOSED RAW- 0.5,31' At— w j O1_ PROPOSED KIPHEN ROAD 15200'RT pR 23.148 SQ. FT. w C=am 1 (loo' R.o.w. N1DTH) 3 C) PRDO' 1 i00 P O / ° SEF KIPEN ROAD BASELINE SEE DETAIL'A' SA a N PARCEL p PROPOSED R.O.W. 1 N81' o 1s+sass J 46'40"E m 5200'RT z I` 0.61' d C1 CAMCO LAND, LTD. ;J REMAINDER OF (275.214 AC.) `D GCLC, LTD. PAARRCEL 1 TRACT 4 � (11.301 AC) •• 13+58.65 VOL. 2491, PG. 303 � TRACT 1 szoo RT I O.R.W.C.T. r DOC. 12001032406 O.P.R.WC.T. w� TEXAS POWER AND 3/8-IRF DETAIL•A• / M80'12'07'E LIGHT COMPANY 0.87' olI (2.411 AC_) PORCEL 1 N 80'12 07. VOL. 1389, PG. 309 za3 T ` ' 2sg 75$8'E` O.R.W.C.T. PAGE 4 OF 5 fI N LAN S RIGHT OF WAY SKETCH Gf=C7DET(CS KIPHEN ROAD PROCHISIO LMTRAAL DM. WILLIAMSON COUNTY TEXAS l504 CHISHOLM TRAIL P.D.RD. STE.103 ROUND ROCK,TX.78681 PARCEL 1 PN.(512)23d-1200,FAX(512)238-1251 NUMBER DELTA ANGLE RADIUS TANGENT ARC LENGTH CHORD LENGTH CHORD DIRECTION Cl 16'33'10" 746.49' 108. 9' 215.66' 214.91' S 89'54'31" W C2 10'35'03" 646.49' 59.88' 119.43' 119.26' S 87'06'26" E NUMBER DIRECTION DISTANCE L1 N 57'10'06" E 8.14' L2 N 81'48'54" W 47.26' L3 S 20.16'19" E 2.97' L4 N 21'06'36" E 9.79' L5 S B1'48'54" E 19.40' NOTES: COORDINATES INATES ARE SUREARINGS ARE FACE VALUES BASED ON DISTANCES TEEXXASARE SURFACE DISTANCES. STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELT \. M.STEPHEN TRUESDALE 49 M. STER44 TRU ALE 1jfl�•'y4 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 a� ...•r LICENSED STATE LAND SURVEYOR $uEL .F PAGE 5 OF 5 INLAN�� GEODETICS P RIGHT OF WAY SKETCH PROFESSIONAL LAND SURVEYORS KIPHEN ROAD 1504 CHISHOLM TRAIL RD. SfE.103 WILLIAMSON COUNTY, TEXAS ROUND ROCK,TX.78681 R(. PARCEL 1 (5121238-1200,FAX(512)238-12S1 i Title' --]Date: 01-31-2007 Scale: 1 inch= 52 feet File: RevParcel l SK.des Tract 1: 0.531 Acres: 23148 Sq Feet:Closure=s65.1836w 0.01 Feet: Precision=1153151: Perimeter=707 Feet 001 R R�746.49 Axc=us 66 007 34.4622e 54.21 Bng.§PT71w,�A_32 .91 004-m21.0636e 97.12 002=n81.4854w 47.26 005=s81.4854e 19.40 008=s20.1619e 146.20 003=n57.1006e 8.14 a110„ o64,4 5J7�26 3 Title: _ Date: 02-02-2007 Scale: 1 inch = 40 feet File: RevParcel I-desc.des Tract 1: 0.531 Acres: 23148 Sq Feet:Closure=s65.1836w 0.01 Feet: Precision=1/53151: Perimeter=707 Feet R.1 W;43 w49c'nd�`2121.I66 004=n21.0636e 97.12 007=n34.4622c 5421 . 002=n81.4854w 47.26 '005=s8 14854e 19.40 008=s20.1619e 146.20 003=n57.1006e 8.14 1106:'M R�64 j.4 AV 19.43 Bng= 626e,Cid=11926 Title: Date: 02-20-2007 Scale: 1 inch= 52 feet File: RevParcellROW:des Tract 1: 0.531 Acres: 23148 Sq Feet:Closure=s45.5337w 0.01 Feet: Precision=1!84882: Perimeter=707 Feet B g sV431w4Ct jt4 16,DClla-16.3310 005=�s81.4854e 19.40 009=s20.1619e 143.23 002�81.4854w 47.26 sL87 0626,V=, 26 49(�d 192643'nea''-losso3 010"s20.1619e 2.97 003=n57.1006e 8.14 007=n34.4622e 12.61 004--ii21.0636e 97.12 008=n34.4622e 41.60 i to N a 50 25 0 50 100 "mm6m— MEQ SCALE FEET H 0 u / Ln 03 10 O om En Q�• - _ - JEXtSZ• _ —�" Co 1; PR.KIPHEN RD = `_ - ' �' / `• 1 SIDEWALK TYPICAL q 1 1 d PROP.R.O.W. to N., to KIPHEV �t i- EEs N CIRCLE C,4 to Q —•-—• - ; PROPS t0--SIDEWALK TYPICAL PR.KIPHEN RD / PROP.R.O.W. PR.KIPHEN CIRCLE l � / 1 , NO. REVISION By DATE Myj Chiang, Patel & Yerby, Inc. LEGEND ROUND ROCK,TEXAS 0 EXISTING ROADWAY PURPOSE.PASSION.PROSPERrfY. OBLITERATE AND ABANDON FM 1460 EXISTING ROADWAY ROADWAY EXHIBIT THIS DOCUMENT IS FOR EXHIBIT PURPOSES KIPHEN ROAD & KIPHEN CIRCLE ONLY UNDER THE AUTHORITY OF JESSE W. PENN,PE 88340 ON 3/31/08,IT IS NOT TO .7n ed: JWP ED NO° STATE STATE"N/ cv NO. 9 QT BE USED FOR CONSTRUCTION,BIDDING OR °1"M° No. PERMIT PURPOSES. Checked: JJR 6 EXAS Ororm: JWPs'"'E auNrr MTM YcnON +°e Nr.N"r 01St.N0. x0. Na x0. N0. Checked: JJR AUS WILLIAMSON 2211 02 1015 FM146 DATE: April 3, 2008 SUBJECT: City Council Meeting - April 10, 2008 ITEM: 111-11. Consider a resolution authorizing the Mayor to execute a real estate contact with Camco Land, LTD for the purchase of right of way of the Old Settlers Boulevard (formerly Kiphen Road) Improvement Project. Department: Legal Staff Person: Steve Sheets, City Attorney Justification: Increased east/west mobility in Round Rock. Funding• Cost: $480,000 Source of funds: 4B Funding Outside Resources: Sheets & Crossfield, P.C. Background Information• The proposed contract is for purchase of a 0.531 acre fee simple tract out of property owned by Camco Land, Ltd. in connection with the Kiphen Road expansion project. The purchase price includes payment for the actual right of way to be acquired, plus damages to the Northern remaining property because the small size and shape will limit its utility after the project is completed. The updated appraised value for the acquisition is $436K. The landowners had originally demanded $499K to settle the case, but will now accept $480K. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS Kiphen Rd.—parcel 1 REAL ESTATE CONTRACT Kiphen Road Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CAMCO LAND LTD., A TEXAS LIMITED PARTNERSHIP, (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 ("Property"): All of that certain 0.531 acre tract of land, more or less, situated in the George W. Glasscock Survey, Abstract No. 287, in Williamson County, Texas; being more fully described by metes and bounds or shown in Exhibit"A", attached hereto and incorporated herein (Parcel 1). This purchase also includes any improvements and fixtures situated on and attached to the Property which are not removed by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property, and compensation for any damages to the remaining property of Seller, shall be the sum of FOUR HUNDRED EIGHTY THOUSAND and 00/100 Dollars($480,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. CADocuments and Settings\Kevin Hunter\Local Settings\Temporary Intemet Fi1es\0LKI\CAMC0(1)—Rea1 estate contract--Kiphen(3-25-08)Revised 4-01.DOC TZ-o8 -0�--1D Special Provisions 2.03. As an obligation which shall survive the closing of this transaction, at the time of the construction of the Kiphen Road and Kiphen Circle Phase UII project improvements Purchaser shall construct one thirty(30) foot wide driveway from Kiphen Circle to the northern remainder of Seller, and one thirty (30) foot wide driveway from Kiphen Road to the southern remainder of Seller, between the edge of the roadway improvements and the remaining property of Seller. Both driveways shall be built to commercially acceptable standards and regulations as applied within the City of Round Rock and in no event shall the grade of said driveways exceed eight percent. The driveways shall be constructed in substantial compliance with the plans, specifications and locations as shown on Exhibit `B" attached hereto and incorporated herein. If necessary, Seller agrees to provide a temporary construction easement as requested across the remainder property in order to allow Purchaser to complete the driveway construction, as well as any associated grading and/or drainage construction. 2.04. As an obligation which shall survive the closing of this transaction, after the realigned Kiphen Road/Kiphen Circle roadway improvements are completed and open to the public, Purchaser agrees to abandon or otherwise release any interest in the existing Kiphen Road/CR 113 right of way that is between FM 1460 and the proposed Kiphen Circle, obliterate any existing roadway improvements, and revegetate the area generally identified on Exhibit `B" attached hereto and incorporated 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.): Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Survev 3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey of the Property,prepared by a duly licensed Texas land surveyor. 2 Miscellaneous Conditions 3.04. 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 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: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 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 Title Company on or before April 25, 2008, 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 Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title to all of the Property as shown in Exhibit "A", free and clear of any and all liens and encumbrances, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; 3 (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) If requested, 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 Purchaser's interest 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;"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 if not previously done. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. If required, 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. All special taxes or assessments to the closing date shall be paid by Seller. 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. 4 (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII 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 shall be forthwith returned by the title company to Purchaser. ARTICLE VIII 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 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. 5 ARTICLE IX MISCELLANEOUS Notice 9.01. 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 9.02. 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 9.03. 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 9.04. 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 9.05. 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 9.06. Time is of the essence in this Contract. 6 Gender 9.07. 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 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Com liance 9.09 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. Possession and Use Agreement 9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of relocating utilities and constructing or improving a public road and related facilities, upon full execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement document suitable for recording if requested by Purchaser. Effective Date 9.11 This Contract shall be effective as of the date it is approved by the City of Round Rock, which date is indicated beneath the City's signature below. [signature page follows] 7 SELLER: MCO LAND LTD., A TEXAS LIMITED PARTNERSHIP By' Address: ®l6 mo Its: r rc� _ a Date: J, D PURCHASER: CITY F K B . Maxwe Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 8 i PARCEL: 1 Page 1 of 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK EXHIBIT- PROPERTY DESCRIPTION DESCRIPTION OF A 0.531 ACRE (23,148 SQUARE FOOT), TRACT OF LAND SITUATED IN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 287, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 275.214 ACRE TRACT OF LAND (TRACT 4), CONVEYED TO CAMCO LAND LTD. BY INSTRUMENT RECORDED IN VOLUME 2491, PAGE 303 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.531 ACRE(23,148 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found 3/8" iron rod at an interior ell comer in the easterly boundary line of the remaining portion of said 275.214 acre tract, 418.26 feet right of proposed Kiphen Road baseline station 12+41.93, being the northwesterly corner of that called 2.411 acre tract of land conveyed to Texas Power and Light Company by instrument.recorded in Volume .. 1389, Page 309 of the Official Records of Williamson County, Texas; THENCE, with common boundary line of the remaining portion of said 275.214 acre tract and said 2.411 acre tract, N 80012'07" E, passing at a distance of 257.88 feet, a found 1/2" iron rod, and continuing for a total distance of 258.75 feet to a calculated point in the westerly boundary line of that called 11.301 acre tract of land (Tract 1), conveyed to GCLC Ltd., by instrument recorded in Document No. 2001032406 of the Official Public Records of Williamson County, Texas, being an exterior ell comer in the easterly boundary line of the remaining portion of said 275.214 acre tract and the northeasterly corner of said 2.411 acre tract; THENCE, departing the northerly boundary line of said 2.411 acre tract, with the common boundary line of the remaining portion of said 275.214 acre tract and said 11.301 acre tract, N 20016'19" W for a distance of 351.68 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed curving south right-of-way line of Kiphen Road, 52.00 feet right of proposed Kiphen Road baseline station 13+58.65, being the southeasterly comer and POINT OF BEGINNING of the herein described tract; THENCE, departing the westerly boundary line of said 11.301 acre tract, through the interior of the remaining portion of said 275.214 acre tract, with the proposed south right-of-way line of Kiphen Road, the following two courses: 1) Along a curve to the right, having a delta angle of 16°33'10", a radius of 746.49 feet, an arc length of 215.66 feet, and a chord which bears S 89°54'31" W for a distance of 214.91 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 52.00 feet right of proposed Kiphen Road baseline P.C. station 11+58.01; PARCEL: 1 Page 2 of 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK 2) N 81°48'54" W for a distance of 47.26 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the easterly boundary line of that called 1.179 acre tract of land conveyed to the State of Texas by instrument recorded in Document No. 2004096729 of the Official Public Records of Williamson County, Texas same being the existing east right-of-way line of F.M. 1460 (right-of-way width varies), 52.00 feet right of proposed Kiphen Road baseline station 11+10.75, being the southwesterly comer of the herein described tract, from which a found TxDOT Type II monument in said existing east right-of-way line of F.M. 1460 bears S 57°10'06"W,.a distance of 71.36 feet; THENCE, departing the proposed south right-of-way line of Kiphen Road, with the common boundary line of the remaining portion of said 275.214 and said 1.179 acre tract, same being said existing east right-of-way line of F.M_ 1460, the following two(2)courses: 3) N 57°10'06" E for a distance of 8.14 feet to a found TxDOT Type II monument, being an angle point in the westerly boundary line of the herein described tract; 4) N 21°06'36" E for a distance of 97.12 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed north right-of-way line of Kiphen Road, 48.00 feet left of proposed Kiphen Road baseline station 11+38.62, being the northwesterly corner of the herein described tract,from which a found TxDOT Type II monument at an angle point in said east right-of-way line of F.M. 1460, bears N 21°06'36" E, a distance of 9.79 feet; THENCE, departing said existing east right-of-way line of F.M. 1460, through the interior of the remaining portion of said 275.214 acre tract, with the proposed northerly right-of-way line of Kiphen Road, the following two courses: 5) S 81048154" E for a distance of 19.40 feet to a set 1/2" Iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left, 48.00 feet left of proposed 1Gphen Road baseline P.C. station 11+58.01; 6) Along said curve to the left, having a delta angle of 10°35'031, a radius of 646.49 feet, an arc length of 119.43 feet, and a chord which bears S 87006126" E for a distance of 119.26 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the southwesterly terminus of the cutback right-of-way line extending between said proposed northerly right-of-way line of Kiphen Road and the proposed westerly right-of-way line of Kiphen Circle, 48.00 feet left of proposed Kiphen Road baseline station 12+86.30, being an angle point in the northerly boundary line of the herein described tract; PARCEL: 1 Page 3 of 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK 7) THENCE, continuing through the interior of the remaining portion of said 275.214 acre tract, with said proposed cutback right-of-way line, N 34°46122" E for a distance of 54.21 feet to a set 1/2" iron rod with a City of Round Rack aluminum cap in the common boundary line of the remaining portion of said 275.214 acre tract and that called 46.526 acre tract of land conveyed to Northpark at Old Settlers, Ltd., by instrument recorded in Document No. 2004068735 of the Official Public Records of Williamson County, Texas, same being said proposed westerly right-of-way line of Kiphen Circle, 90.31 feet left of proposed Kiphen Road baseline station 13+23.97, being the northeasterly comer of the herein described tract; 8) THENCE, departing said proposed westerly right-of-way line of Kiphen Circle, with said common boundary line, S 20°16'19" E, passing at a distance of 143.23 feet, a calculated point, being an exterior ell corner in the westerly boundary line of said 46.526 acre tract and the northwesterly comer of said 11.301 acre tract, and continuing for a total distance of 146.20 feet to the POINT OF BEGINNING, containing 0.531 acres, (23,148 square feet)of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground;under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen Truesdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor q� Inland Civil Associates, L.L.C. *'� .n n. ' 1504 Chisholm Trail Road '� ♦�� 4'�0•'�► Suite 103 • Round Rock, TX 78681 M.STEPHEN TRUESDALE 512-238-1200 * 493 Z7 {o KIPHEN ROAD—PARCEL 1 LEGEND Al ■ TYPE I CONCRETE MONUMENT FOUND W Cd TYPE II MONUMENT FOUND • 1/2 " IRON ROD FOUND I F 0 1/2 - IRON ROD SET W/ S CITY OF ROUND ROCK ALUMINUM CAP 0 CALCULATED POINT 0 50 100 CENTER UNE e PROPERTY LINE / ( ) RECORD INFORMATION 1" 100' P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE A ' O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS +�5 WILLIAMSON COUNTY, TEXAS A I O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS LINE BREAK WLLLIS DONAHO SURVEY, ABSTRACT NO. 173 PROPOS R W. EXISTING C.R. 113 — KIPHEN ROAD (PRESCRIPTIVE R.D.W. w1DTH VARIES) GEORGE W. GLASSCOCK SURVEY .W ABSTRACT NO. 287 '� /—--— ss87s'4z"W EXISTING R. � 10s.02' 'u / o 0 NORTHPARK AT o cn o OLD SETTLERS, LTD. �ti� o z (46.526 AG) 00 p4 P�'�6 <t o co N_4z o DOC. # 2004068735 4&00 LT ?� � O.P.R.W.C.T. / �� 11+ Dt R, �°�1rj L1 LT 80.31'LT y 85770 06 W �' , l 32.00'RT /1 12+b¢•30� p PROPOSED R.O.W. 0.531 A-C.— 4B w LT u ;{ -2 PROPpS ro ED KIPHEN ROAD s2ooD`RT 23,148 SQ. FT. Q (100' R.o.w'►MOTH) . PROPOSED KIPENIIROAD BASELINE Z SEE DETAIL`A- PROPOSED R.O.W. p, PARCEL 1 NB1' 13+5&65 0.61 61Q"E Z 5207 RT z 0 C1 1 CAMCO LAND, LTD. REMAINDER OF I (275.214 AC.) tO PAR TRACT 4 � GCLC, LTD. • PARCEL (11.301 AC.) VOL. 2491, PG 303 52-07 RT TRACT I O.R.W.C.T. DOC. # 2001032406 O.P.R.W.C.T. TEXAS POWER AND �� UGHT COMPANY DETAIL"A- 3/e'IRF N8012'07'E 2.411 AC. POR / I N 0.87' o' VOL.(1389, PG.)309 12++41.93 255887 E O.R.W C.T 41&26'RT ��— PAGE 4 OF 5 INL^NC> GEODETICS RIGHT OF WAY SKETCH P PROFESSIONAL LAND SURVEYORS KIPHEN ROAD 5504CHISNOLMTRAILRD. STE,)03 WILLIAMSON COUNTY, TEXAS ROUND ROCK,Tx.78681 PARCEL 1 PH.(512)Z38-1200,FAX(S12)238-1251 NUMBER DELTA ANGLE RADIUS TANGENT ARC LENGTH CHORD LENGTH CHORD DIRECTION Cl 16'33'10" 746.49' 9' 215.66' 214.91' S 8954'31" W C2 10'35'03" 646.49' 59.88' 119.43' 119.26' S 87'06'26" E NUMBER DIRECTION DISTANCE L1 N 57'10'06" E 8.14' L2 N 81'48'54" W 47.26' L3 S 20'16'19' E 2.97' L4 N 21'06'36" E 9.79' L5 I S 81-48'54* E 1 19.40' NOTES. ALL BEARINGS ARE AON LID BDDXASE SURFACE DISTANCES. COORDNATAESURFCE VALUES BEARINGS, THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY TIFY ON AND SUPERVISION AND THAT THIHIS PIS LATS TRUE Y WAS AND CORRECON T TO THE BEST OF MYGROUND UNDER MY )KNOWLEDGE AND BELI 0 F4 "Nw ,d aa . 't %V T "'�,ti �^ M.STEPHEN TRUESDALE X307 (O\"* 4933 AlE 'o M. S TRU less% ti y REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933 NQ ess% � LICENSED STATE LAND SURVEYOR v R PAGE 5 OF 5 1NLr4Nf: GEODETICS RIGHT OF WAY SKETCH PROFESSIONAL LAND SURVEYORS KIPHEN ROAD 1504CHISHOLMTRAILRD. STE.103 WILLIAMSON COUNTY, TEXAS ROUND ROCK,TX.78681 PARCEL 1 PH.(512)238-1200,FAX(S12)23&1251 Title: Date: 01-31-2007 Scale: 1 inch= 52 feet File: RevParcel l SK.des Tract 1: 0.531 Acres: 23148 Sq Feet: Closure=s65.1836w 0.01 Feet: Precision=1/53151: Perimeter=707 Feet s�-s`�M3I 1=1s 9 004�21.0636e 97.12 002=n81.4854w 47.26 � 007=n34.4622e 54.21 005=s81.4854e 19.40 008=s20.1619e 146.20 003=n57.1006e 8.14 00n6g:—za6.aCnom119.43 2d1926 Title: Date: 02-02-2007 Scale: 1 inch=40 feet File: RevPazcelI-desc.des Tract 1: 0.531 Acres: 23148 Sq Feet:Closure=s65.1836w 0.01 Feet: Precision=1153151: Perimeter=707 Feet 001:R R7746.49 Aro-215.66 .ane-39.5431w, Arc-215.66 004--n21.0636e 97.12 007=n34.4622e 54.21 . 002=n81.4854w 47.26 005=s81.4854e 19.40 008=s20.1619e 146.20 003=n57.1006e 8.14 006: 11=64¢.a9 Afc-1 a3 Bng- %62�a Cid=119 Title: Date: 02-20-2007 Scale: 1 inch= 52 feet File: RevParcefIROW.des Tract 1: 0.531 Acres: 23148 Sq Feet:Closure=s45.5337w 0.01 Feet: Precision=1/84882: Perimeter=707 Feet 001:g�R-746.49 15.66,Dcl�-16.3310 sag&R431w,Ci. z a.91 005=s81.4854e 19.40 009=s20.1619e 143.23 002=n81.4854w 47.26 B� o�g .+19-2643,nel�-to.3so3 010=s20.l6l9e 2.97 003=n57.1006e 8.14 007=n34.4622e 12.61 00i21.0636e 97.12 008=n34.4622e 41.60 r, W Cnr N a 50 25 0 50 100 a i SCALE FEET H Cu Ln or Fo 10 Lo d N ' j t 6S CR g a i 3i EX ru •��• -'i fi< =n,.3a l = ei; /J/ EtC15 Q 3=; _ y J p 1 1 C PR.KIPHEN RD _n i 3<' / 1 PROP.5' SIDEWALK TYPICAL � PROP.R.O.W. io a / _ ry IRCLEKIPHE �- 3 / _ ' C4 1 1 _ PR 0S� IDEWALK TYPICAL z PR.KIPHEN RD / PROP.R.O.W. KI'HEN CIRCLE N0. REVISION BY OATS CRY] Chiang, Patel & Yerby, Inc. LEGEND ROUND ROC&TEXAS L I EXISTING ROADWAY PURPOSE PASSION.PROSPERITY. ® OBLITERATE B RATE AND ABANDON FM 1460 EXISTING ROADWAY EXHIBIT THIS DOCUMENT IS FOR EXHIBIT PURPOSES KIPHEN ROAD & KIPHEN CIRCLE ONLY UNDER THE AUTHORITY OF JESSE W. PENN,PE 88340 ON 3/31/05.]T IS NOT TO Designed: JWPsTATF STAR Ain PPMAW w snttr BE USED FOR CONSTRUCTION,BIDDING OR DIV N6 s PERMIT PURPOSES. Checked: JJR 6 EXAS Drown: JWP oIV.ea mwn > :enw A]e wiwwnr xo Cneeknd: JJR AUS I WILLIAMSON 12211 0 O1S FM146