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R-04-12-02-9C1 - 12/2/2004 e RESOLUTION NO. R-04-12-02-9C1 WHEREAS, the City desires to acquire 4 . 00 acres of land for the A.W. Grimes roadway project, and WHEREAS, M&M Equities Iv, Inc. , the owners of the property ("Owners") , have agreed to allow possession of 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 Right of Entry, Possession and Construction Easement with Owners, for the use of the above described property, a copy of said agreement 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 2nd day of December, 2004 . NYL LL, ay r City Round Rock, Texas ATS CHRISTINE R. MARTINEZ, City Secreta y @PFDesktop\:'ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41202C1.WPD/djc EXHIBIT A.W.Crimes-parcels 1&5 RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § WHEREAS, M&M EQUITIES IV, INC., of the County of Williamson, State of Texas, hereinafter referred to as "GRANTOR", whether one or more, is the owner of that certain piece, parcel or tract of land in Williamson County,Texas,being more particularly described by metes and bounds in Exhibits "A-B",which are attached hereto and made a part hereof; and WHEREAS,CITY OF ROUND ROCK,TEXAS,hereinafter referred to as the"GRANTEE", plans to acquire fee simple title to, and/or easement interests in, the tracts of land described in Exhibits "A-B",whether through contract and conveyance or through eminent domain proceedings; and WHEREAS, the GRANTEE must have possession of said-described tract of land for the purposes described below, Construction of A.W. Grimes Blvd. extension. NOW THEREFORE, BE IT KNOWN: That in consideration of the agreement of the City of Round Rock to close the purchase of the property needed for the construction of A.W. Grimes Blvd. as provided in this instrument, GRANTOR has GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the GRANTEE, its employees, agents and assigns an irrevocable right-of-entry,possession,and construction easement over, upon, and across those tracts of land described in Exhibits "AA B". It is expressly agreed,acknowledged,and understood thatege the easements,rights,and privils herein granted are assignable and shall be used by the GRANTEE,its employees,agents,and assigns, for the purposes of entering upon the above-described property, before the acquisition of title or easement interest through deed or settlement or upon entry of final judgment in a condemnation case, and proceeding with surveying, site review and analysis, utility relocation, actual construction of the A.W. Grimes Blvd. extension project, and all manner of preparation and work attendant thereto. Utility relocation, if any, shall include,but not be limited.to, the relocation of water and wastewater lines,electrical lines,cable television lines,telephone lines,gas lines,and their attendant facilities from the existing roadway right-of-way on the property described in Exhibits "A-B". C'\N1ND0WS\TnW0RAEY INTERNET 7ILES\0LK1D4\N MBQUITIBS--POSSESSION AC.REElQNT (UPDATED 11-12-04) (00077080).NPD/cdc A.W.Grimes-parcels 1&5 Road construction shall include,but not be limited to, the grading,cutting,and filling of the existing ground elevation, the temporary stockpiling of necessary materials, the placement or movement of earthen fill or other materials for necessary lateral support,the channelization of existing grade to accommodate storm water runoff,the construction of an open or enclosed drainage way and their attendant facilities, the construction of curb and gutter systems and bridge structures or grade separations, if applicable, and the laying of road base and the placement of finished grade course material.The GRANTEE,its employees,agents,and assigns shall have the right to possess and use the above-described tracts, including the right to erect and maintain fencing and traffic and pedestrian control and devices and signs,the right to clear trees and vegetation,and the right to excavate,trench, fill, and grade the real property itself. At no time during the possession of the property by GRANTEE for the purposes described herein shall GRANTOR be denied reasonable access and/or ingress to or egress from the property for the current uses of such property. This Right of Entry,Possession,and Construction Easement is permanent and continuous but shall automatically terminate upon the GRANTEE's purchase of the Property, though deed or settlement,but not otherwise. The closing of the purchase of the Property pursuant to this agreement, including full payment of the purchase price by GRANTEE and transfer of title by GRANTOR,shall take place on or before December 15, 2004. The parties further agree as follows: 1. That the fair market value of the Property, including any damages to the remaining property, is conclusively agreed to and established by the parties to be SEVEN HUNDRED FORTY FIVE THOUSAND AND 00/100 DOLLARS ($745, 000. 00) for purposes of any purchase of the property or any required condemnation proceeding if GRANTOR fails to complete a transfer of the Property pursuant to the terms as set out in this agreement, and shall constitute the complete full and just compensation to be paid by GRANTEE for the purchase of the Property or in any condemnation proceeding, and GRANTOR expressly waives any right to contest or otherwise object to the fair market value of the Property. GRANTOR further agrees to transfer title to the Property via special warranty deed to GRANTEE on or before January 30, 2005, upon full payment of the value of the Property as agreed to herein. 2 . This Agreement shall be binding upon the heirs, devises, executors, administrators, legal representatives, successors and assigns of the parties . 2. A.W.Grimes-parcels 1&S 3 . GRANTOR covenants that it will not convey any other easement or conflicting property rights of any kind within the area covered by this grant . This grant shall be binding upon legal representatives, successors, and assigns of GRANTOR for the term of this grant . 4 . GRANTEE will indemnify and hold harmless GRANTOR from any claims arising from and connected with the subject Property following taking possession of the subject Property and until the time of settlement and transfer of title, and shall, at all times, maintain, and require its agents, contractors, and other legal representatives to maintain, adequate insurance in connection with the exercise of rights conferred by this Agreement . TO HAVE AND TO HOLD the possession of the above-described tracts of land for the purposes and subject to the limitations described above, and GRANTOR warrants that he knows of no persons or business entity owns a present possessory interest in the fee title to the above-described premises other than GRANTOR, and that there are no parties in possession of any portion of the referenced real property as lessees. GRANTOR has read this entire instrument and fully understands and agrees to its provision. GRANTOR has executed this grant of its own free will, without coercion, harassment, or threat . Executed this the Pi day ofAv 2004 . GRANTOR: M&M EQUITIES IV, INC. By: �7 Its: (�p�s✓r--- GRANTEE: CITY OF ROUND ROCK, TEXAS 3. A.W.Crimes-parcels 1 6i 5 Nyle Maxwell, Mayor 4. 0 EXHIBIT 0 M&M Equities IV,Inc., FN 2938(ALG) 3.68 Acre Right-of-Way Tract September 7,2003 P.A.Holder Survey A-297 SAM,Inc.Job No.23103-20 Williamson County,Texas DESCRIPTION OF A 3.68 ACRE TRACT OF LAND LOCATED IN THE P.A.HOLDER SURVEY,ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 6.293 ACRE TRACT OF LAND AND A CALLED 5.631 ACRE TRACT OF LAND BOTH DESCRIBED IN THE DEED TO M & M EQUITIES IV,INC.,AS RECORDED IN DOCUMENT 1\O. 199963931 OF THE OFFICIAL PUBLIC RECORDS WILL 'k-W, ON COUNTY, TEXAS, SAID 3.68 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 3-inch iron pipe found in the south right-of-way(ROW)line of U.S.Highway 79(a varying width ROW) for the northwest comer of Lot 1 Block A of the Final Plat for Cirldel Commons, a subdivision of record in Cabinet P,Slide 230 of the Plat Records of Williamson County,Texas,same being a called 5.84 acre tract of land described in the deed to Martin J. Cirldel and Pamela Cirldel as recorded in Volume 589,Page 291 of the Deed Records Williamson County,Texas; THENCE with said south ROW line,same being the north line of said Lot 1,N 790 27'07"E,a distance of 212.45 feet to a 1-inch iron pipe found for the north common corner of said Lot 1 and said 6.293 acre tract,same being the northwest corner of the tract described herein,and the POINT OF BEGINNING; THENCE with said south right-of--way lime,same being the north line of said 6.293 acre tract, N 79°27'07"E, a distance of 138.87 feet to a concrete monument set for the northeast comer of the tract desenbed herein,from which a PK nail with a shiner found in said common line bears N 790 27'07"E,a distance of 378.15 feet; THENCE leaving said common line,and crossing said 6.293 acre tract and said 5.631 acre tract the following seven (7)courses and distances: Q 1. S 32°48'53"W,a distance of 23.82 feet to a concrete monument set for an angle point, C� 2. with the arc of curve to the left a distance of 85.89 feet through a central angle of 05° 32' 56",having a radius of 886.93 feet, and whose chord bears S 14° 33' 57 E, a distance of 85.86 feet to a concrete monument set for a point of tangency, 3. S 17°20'24"E,a distance of 17.33 feet to a concrete monument set for a point of curvature, 4. with the arc of a curve to the right a distance of 366.50 feet through a central angle of 250 59'20",having a radius of 808.00 feet, and whose chord bears S 04° 20' 44" E, a distance of 363.37 feet to a concrete monument set for a point of tangency, 5. S 08°38'56"W,a distance of 411.56 feet to a concrete monument set for a point of curvature, 6. with the arc of a curve to the right a distance of 53.53 feet through a central angle of 65° 15'31",having a radius of 47.00 feet, and whose chord bears S 23° 58' 50" E, a distance of 50.69 feet to a concrete monument set for a point of tangency,and 7. S 08°38' 56"W,a distance of 58.69 feet to a 1/2-inch iron rod with a plastic cap set on the west line of a remainder of a called 69.81 acre tract of land as described in the deed to Phillip W.Warner and wife,Alienn Warner as recorded in Volume 369, Page 299 of the Deed Records of Williamson County, Texas, same being a east line of said 5.631 acre tract; Page 1 of 3 0 M&M Equities IV,Inc., IN 2938(ALG) 3.68 Acre Right-of-Way Tract September 7,2003 P.A.Holder Survey A-297 SAM,Inc.Job No.23103-20 Williamson County,Texas THENCE with said east line, S 61°32' 59"W,a distance of 52.21 feet to a 1/2-inch iron rod found for a common interior ell corner of said 5.631 acre tract and said remainder tract; THENCE with a common line of said remainder tract and said 5.631 acre tract,S 380 54'58"E,a distance of 71.38 feet to a 1/2-inch iron rod with a plastic cap set on the north ROW line of the Missouri Pacific Railroad(a 100-foot wide ROW),as found monumented and occupied on the ground for the southeast comer of the tract described herein; THENCE crossing said 5.631 acre tract with said north ROW line,S 530 39'45"W,a distance of 219.30 feet to a 1/2-inch iron rod with a plastic cap set for the southwest corner of the tract described herein; THENCE crossing said 5.631 acre tract with the arc of a curve to the right a distance of 64.83 feet through a central angle of 04142'02",having a radius of 790.20 feet,whose chord bears N 06°40'06"W,a distance of 64.81 feet to a concrete monument set for a point of compound curvature; WHENCE continuing across said 5.631 acre tract with the are of a curve to the right a distance of 9.84 feet through a I central angle of 11° 59' 36",having a radius of 47.00 feet and whose chord bears N 78°55' 57"W, a distance of 9.82 feet to a 1/2-inch iron rod with a plastic cap set on the common line of said Lot 1 and said 5.631 acre tract; THENCE with said common line the following four(4)courses and distances: 1. N 11°53'09"E,a distance of 56.97 feet to a 1/2-inch iron rod with a plastic cap set for an angle point 2. N 19°06'37"E,a distance of 215.06 feet to a 112-inch iron rod found for an angle point, '-1 3. N 12°26'26"E,a distance of 105.31 feet to a 1/2-inch iron rod found for an angle point and 4. N 02°52' 51"W,a distance of 751.02 feet to the POINT OF BEGINNING,and containing 3.68 acres of land,more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System,NAD 83,Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson,RPLS,Survcon,Inc. THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That 1, C. M. Solomon, 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 during December 2000. WITNESS MY HAND AND SEAL,at Austin,Travis County,Texas this the 8" day of September 2003 A.D. SURVEYING AND MAPPING,Inc. C."I-k- 5508 West Highway 290,Building B C Austin,Texas 78735 C.M.Solomon Registered Professional Land OF TF No.5734-State of Texas A SOLOMON < 9 5734 r-- Page 2 of 3 ��� �SUR��yO P.A. HOER SURVEY A-2970 1G"W AY 7 9 �` 1479'27.07"E 17_9"Z7'107 37�-- 7 f 7 07 E 138.8 N 3"IPF 1479;122. jp 45" �1 T'�8 -L1 r r I SEE I I DETAIL IN I M & M EQUITIES IV, INC. CALLED 6.293 ACRES 0 100 200 , i1 DOC. NO. 199963931 LOT 1 BLOCK A Io O.P.R.W.C.TX. SEPTEMBER 2003 FINAL PLAT FOR + P.A.HOLDER SURVEY A-297 CIRKIEL COMMONS WILLIAMSON COUNTY.TEXAS (' ^� LINE SCALE 1"-200' CAB. P, SL. 230 1 3 LINE NO. BEARINTABG DISTANCE P.R.W.C.TX. 3.68 L1 S32'48'53"W 23.82' IACRES I L2 S17-20'24"E 17.33' '�' L3 MARTIN J. CIRKIEL AND i L4 561.2'59"W 52.29; PAMELA CIRKIELI z L5 S38.54'58"E 71_ CALLED 5.84 ACRES i L6 Ntt•53'09"E 56.97' VOL. 589, PG. 291cl 1 D.R.W.C.TX. A-05.32'56" 25.59'20" I R-886.93' R-808.00' M & M EQUITIES IV, INC. j ° L-85.89• L-366.50' CALLED 5.631 ACRES T-42.98' T-186.46' I 3 DOC. NO. 1999963931 to CB-S14-33'57"E CB-SO4.20'44"E j F) O.P.R.W.C.TX. C-85.86' C-363.37' I Nyf o C? f • C3 C4 +�CO. o PHILLIP W. WARNER AND / WIFE ALIENN WARNER A-65*15'31" A-04.42'02" 1N / REMAINDER OF A R-47.40' R-790.20' O L-53.53' L-64.83' / NZ • CALLED 69.81 ACRES T-30.09' T-32.43' '40 VOL. 369, PG. 299 CB-S23.58'50"E CB-N06.40'06"W !7(b D.R.W.C.TX. C-50.69' C-64.81• ONp O "'1 �/ DETNL 'A' DETAIL 'B' I • =' C5 / + °jcY • A-11'59'36" 1= R-47.00' I 84* l r 'o CB-N78°55'57"W SDE AIL 'B OPO N C-9.82' / y.9 y0 �� yl NOTES: a S� 1,1 - , SPF�y,P NOT TO SCALE NOT TO SCALE BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83. ENTRAL ZONE AND SURFACE ADJUSTMENT OSURFACE �G AS A 150��OF' \ \ LEGEND PROVIDED BY DOUG ANDERSON.RPLS.SURVCON,INC. �Gj A PK NAIL W/SHNER FOUND DETAILS ARE NOT DRAWN TO SCALE. 1� (E) r RON ME FOUND CESS NOTED r F T O It-WON ROD WITH A PLASTIC CAP SET 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE \ ,;�P,t�'�S r,�-•f CONCRETE wo'aME"T SET GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO +.�- " ��:—y ` 0 CALCULATED POINT THE BEST OF MY KNOWLEDGE AND BELIEF. �� o• J�\ • %i ROH ROD foUND W/CAP N RECORD INFORMATION UNLESS NOTED SOLOMON. P0' POINT OF BEGI.oNc .:::....-...... ,'/ PONT FOUND OM►NEHCIKi C.M.SOLOMON 7.0 5734 �T�'Q �c.., PO NC ALE F DATE �� • S S%0.:S� COUNTY,T L"J RECORDS WILLIAMSON REGISTERED PROFESSIONAL LAND SURVEYOR T O�''` -• 'v� o�N.cr. XAS OFFICIAL RECORDS WILLIAMSON COUNTY.TEXAS NO.5734.STATE OF TEXAS S i rx•.cT- PLAT RECORDS WILLW✓ISON COLUTY,TEXAS oRr.cT•. DEED RECORDS WILLIAMSON COUNTY.TEXAS 55M West HigNw M.Bvi6no R AmbmT—" 78735 RIGHT-OF-WAY PLAT PAGE 3 OF 3 sDP.VEYM4rAERUI IlAPP11fi-ENGNNN NANNINC. F=(512)6 'tea SHOWING PROPERTY OF REF. FIELD �326�� � NOTE N0. 2938 ✓. & M EQUITIES IV, INC. EXHIBIT M&M Equities IV,Inc. 0.32 Acre(13,937 sq.ft.)Right-of-Way Tract FN 2939(ALG)) P.A.Holder Survey A-297 May 14,2003 Williamson County,Texas SAM,Inc.Job No.23103-20 DESCRIPTION OF A 0.32 ACRE (13,937 SQ. FT.) TRACT OF LAND LOCATED IN THE P.A_ HOLDER SURVEY,ABSTRACT NO.297,WILLIAMSON COUNTY,TEXAS,BEING A PORTION OF A CALLED 5.631 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO M&M EQUITIES IV, INC., AS RECORDED IN DOCUMENT NO. 199963931 OF THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY,'TEXAS,SAID 0.32 ACRE (13,937 SQ. FT.) TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COM ENCING at a 1/2-inch iron rod found for an angle point in a common line of a called 5.7 acre tract of land as described in the deed to the City of Round Rock as recorded in Volume 1490, Page 660 of the Official Records Williamson County,Texas and said 5.631 acre tract, from which a 1/2-inch iron rod found bears S 39°07' 07"E,a distance of 170.62 feet to a 1/2-inch iron rod found for an angle point; WHENCE with said common line,N 38°54'58"W,a distance of 34.62 feet to a calculated point on the south right- of-way(ROW)line of the Missouri Pacific Railroad,a 100-foot wide ROW,as found monumented and occupied on the ground; THENCE crossing said 5.631 acre tract and with said south ROW line,S 53°39'45"W,a distance of 102.64 feet to a 1/2-inch iron rod with a plastic cap set for the northeast comer of the tract described herein and for the POINT OF BEGINNING; THENCE leaving said south ROW line and crossing said 5.631 acre tract the following two (2) courses and T-q distances: I I. with the arc of a curve to the left a distance of 103.31 feet through a central angle of 09°06' 12",having a radius of 650.20 feet, and whose chord bears S 190 20' 37" E, adistance of 103.20 fee © monument set for a point of tangency,and t to a concrete 2. S 23°53'43"E,a distance of 74.62 feet to a calculated point in the approximate centerline of Brushy Creek, same being the north line of the remainder of a called 27.61 acre tract of land described in the deed to Sycamore Trail,LTD.,as recorded in Document No.2001007249 of the Official Public Records Williamson County,Texas for the southeast corner of the tract descnbed herein, from which a 112-inch iron rod with a Plastic cap set for reference bears S 23'53'43"E,a distance of 60.00 feet; THENCE with said approximate centerline,same being the north line of said remainder tract,a called 3.52 acre tract of land as conveyed to the City of Round Rock as a Possession and Use Agreement for Transportation Purposes as recorded in Document No.2001038656 of the Official Public Records Williamson County,Texas,and the north line of a called 4.83 acre tract of land described in the deed to David L. Carlin and wife,Mary C. Carlin as recorded in Volume 1155,Page 286 of the Deed Records WilliamsonCounty,Texas,N 71°37'47"W,passing at a distance of 80.18 feet a calculated point for the north common comer of said 3.52 acre tract and said 4.83 acre tract,from which point a 1/2-inch-iron rod found in the common line of said 3.52 acre tract and said 4.83 acre tract, bears S 23°41'52"W,a distance of 34.90 feet,in all a total distance of 210.19 feet to a calculated point in said ROW line, as found monumented and occupied on the ground,same being the north corner of said 4.83 acre tract,from which a 1/2-inch iron rod found in said south ROW line bears S 53°39'45"W,a distance of 405.16 feet; Pagel of 3 • M&M Equities IV,Inc. 0.32 Acre(13,937 sq.ft.)Right-of-Way Tract FN 2939(ALG)) P.A.Holder Survey A-297 May 14,2003 Williamson County,Texas SAM,Inc.Job No.23103-20 THENCE crossing said 5.631 acre tract and with said south ROW line,N 530 39'45".E,a distance of 167.68 feet to the POINT OF BEGINNING and containing 0.32 acre(13,937 sq.ft.)of land,more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System,NAD 83,Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson,RPLS,Surveon,Inc. THE STATE OF TEXAS COUNTY OF WII,I,IAMSON KNOW ALL MEN BY THESE PRESENTS: That I, C. M. Solomon, 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 during December 2000. WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 9ffi day of September 2003 A.D. SURVEYING AND MAPPING,Inc. 5508 West Highway 290,Building B Austin,Texas 78735 C.M.Solomon l; Registered Professional Land Surve No.5734-State of Texas OF •r� ,�Q��Gi 5 TF9• �. �•e � _Fo N •C.M.SOLOMON C� •< 9 5734 sua� Page 2 of 3 0 P.A. HOLDER SU RVEY A -297 /� o N c1y`�a �yn A-09.06'12" O j O � R-650.20' , �+ O L-103.31' 6 6�so. �'� T-51.76' .� \ CB-S19.20'37"E �9�y P.o.c.% 50 P C-103.20' 3 > O 3� O 610 25 S� f O SEPTEMBER 2003 \,R�P�I o, O P.A.HOLDER SURVEY A-297 FL :� P.o.B. WILLIAMSON COUNTY, TEXAS SCALE 1•-50' DETAIL 'A' � �\G ,616 s' M & M EQUITIES IV, INC.CALLED ACRES • a DOC NO. 19995.631 63931 \ SEE 0.32 ACRE O.P.R.W.C.TX. � NOT TO SCALE DETAILX'A' (13937 SQ, F I.) k5 1 3"� \ iV11.3 j A. \ W cr+ h \ h h a h EmTvk 88, \ 1r \ \\ , , , DAVID L. CARLIN AND WIFE \ / \p REMAINDER OSYCAMORE TRAILF LTD. E. A MARY C. CARLIN CALLED 27.61 ACRES CALLED 4.83 ACRES \ \ DOC. NO. 2001007249 VOL. 1155, PG. 286 \ O.P.R.W.C.TX. D.R.W.C.TX. \\ CITY OF ROUND ROCK \\ \ POSSESSION AND USE AGREEMENT \ \ FOR TRANSPORTATION PURPOSES \ NOTES: CALLED 3.52 ACRES \ �� DOC. NO. 2001038656 \1 BEARINGS AND COORDINATES ARE BASED ON THE O.P.R.W.C.TX. O.P.R.W.C.TX. \ /� TEXAS STATE PLANE COORDINATE SYSTEM.NAD B3,\ CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS \ (E„0F ) PROVIDED BY DOUG ANDERSON.RPLS.SURVCON.INC. LP.•G�5 t�•.F+ LEGEND DETAILS ARE NOT DRAWN TO SCALE. :•Q 9 0�� O Yi IRON ROD Will A PLASTIC GAP SET I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE ....... � ® CONCRETE PONT SET _...S_OLOMO. • CALCULATO Pa.IT GROUND AND THAT 7M5 PLAT 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. V-•'' 5734 yi-IRON ROD FOUND W1 CAP UNLESS NOTED 7%0 flP,.'Q• t RECORD INFORMATION % A, P-ILL POINT OF BEGINNING P.*J-b PONT OF COL%ICNCM ” .11w, M' IRON ROC FOUND C.M.SOLOMON U R`I "ALM.C.T}.IRONOOFFIFICiALPUBL01ND IC RECORDS WLL AMSOm REGISTERED PROFESSIONAL LAND SURVEYOR DATECOUNTY.TEXAS DR.M.C.Tx OFFICIAL RECORDS WLUAMSON COwUN DN TY,TEXAS NO.5734,STATE OF TEXAS ��*� PLAT RECORDS WILL6COUNTY.TEXA4 axwz_T.. DEED RECORDS wLLVAISON CDUNTy.TEXAS IMM 6508 West FrDhwaY Tp2so.euldn9 B AIs8rTe-2 ,�,n RIGHT-OF-WAY PLAT PAGE 3 OF 3 9U8VERIJG.AERPLYAPPIN6•BIOINEQWG �44a 2g SHOWING PROPERTY OF REF. FIELD M & M EQUITIES IV, INC. NOTE N0. 2939 DATE: November 23, 2004 SUBJECT: City Council Meeting - December 2, 2004 ITEM: 9.C.1. Consider a resolution authorizing the Mayor to execute a Right of Entry, Possession and Construction Easement for property to be used for the A.W. Grimes Boulevard Project. (M&M Equities Tract) Department: Legal Staff Person: Steve Sheets, City Attorney Justification: Improvement to traffic mobility in Round Rock. Funding: Cost: $745,000 Source of funds: TCIP Outside Resources: Sheets & Crossfield Background Information• Current appraised value is $695,374. Our appraiser has estimated that if we go forward with condemnation, there will be an additional upward time value adjustment to the appraised value of approximately $30,000. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS A.W.Grimes—parcels 1&5 RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § WHEREAS, M&M EQUITIES IV, INC., of the County of Williamson, State of Texas, hereinafter referred to as "GRANTOR", whether one or more, is the owner of that certain piece, parcel or tract of land in Williamson County,Texas,being more particularly described by metes and bounds in Exhibits "A-B", which are attached hereto and made a part hereof, and WHEREAS,CITY OF ROUND ROCK,TEXAS,hereinafter referred to as the"GRANTEE", plans to acquire fee simple title to, and/or easement interests in, the tracts of land described in Exhibits "A-B",whether through contract and conveyance or through eminent domain proceedings; and WHEREAS, the GRANTEE must have possession of said-described tract of land for the purposes described below, Construction of A.W. Grimes Blvd. extension. NOW THEREFORE, BE IT KNOWN: That in consideration of the agreement of the City of Round Rock to close the purchase of the property needed for the construction of A.W. Grimes Blvd. as provided in this instrument, GRANTOR has GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the GRANTEE, its employees, agents and assigns an irrevocable right-of-entry,possession, and construction easement over, upon, and across those tracts of land described in Exhibits "A-B". It is expressly agreed,acknowledged,and understood that the easements,rights,and privileges herein granted are assignable and shall be used by the GRANTEE, its employees,agents,and assigns, for the purposes of entering upon the above-described property, before the acquisition of title or easement interest through deed or settlement or upon entry of final judgment in a condemnation case, and proceeding with surveying, site review and analysis, utility relocation, actual construction of the A.W. Grimes Blvd. extension project, and all manner of preparation and work attendant thereto. Utility relocation, if any, shall include, but not be limited_to, the relocation of water and wastewater lines,electrical lines,cable television lines,telephone lines,gas lines,and their attendant facilities from the existing roadway right-of-way on the property described in Exhibits "A-B". R-off 1a-0a-9C1 C:\NINDONS\TSNPORARY INTERNET FILES\OLR1D4\N NRQDITIBS--POSSESSION AGRZZMENT (UPDATED 11-12-04) (00077080).NPD/cdc A.W.Grimes-parcels 1&5 Road construction shall include,but not be limited to,the grading,cutting,and filling of the existing ground elevation, the temporary stockpiling of necessary materials, the placement or movement of earthen fill or other materials for necessary lateral support,the channelization of existing grade to accommodate storm water runoff,the construction of an open or enclosed drainage way and their attendant facilities, the construction of curb and gutter systems and bridge structures or grade separations, if applicable, and the laying of road base and the placement of finished grade course material.The GRANTEE, its employees,agents,and assigns shall have the right to possess and use the above-described tracts, including the right to erect and maintain fencing and traffic and pedestrian control and devices and signs,the right to clear trees and vegetation,and the right to excavate,trench, fill, and grade the real property itself. At no time during the possession of the property by GRANTEE for the purposes described herein shall GRANTOR be denied reasonable access and/or ingress to or egress from the property for the current uses of such property. This Right of Entry, Possession,and Construction Easement is permanent and continuous but shall automatically terminate upon the GRANTEE's purchase of the Property, though deed or settlement,but not otherwise. The closing of the purchase of the Property pursuant to this agreement, including full payment of the purchase price by GRANTEE and transfer of title by GRANTOR,shall take place on or before December 15, 2004. The parties further agree as follows: 1 . That the fair market value of the Property, including any damages to the remaining property, is conclusively agreed to and established by the parties to be SEVEN HUNDRED FORTY FIVE THOUSAND AND 00/100 DOLLARS ($745, 000 . 00) for purposes of any purchase of the property or any required condemnation proceeding if GRANTOR fails to complete a transfer of the Property pursuant to the terms as set out in this agreement, and shall constitute the complete full and just compensation to be paid by GRANTEE for the purchase of the Property or in any condemnation proceeding, and GRANTOR expressly waives any right to contest or otherwise object to the fair market value of the Property. GRANTOR further agrees to transfer title to the Property via special warranty deed to GRANTEE on or before January 30, 2005, upon full payment of the value of the Property as agreed to herein. 2 . This Agreement shall be binding upon the heirs, devises, executors, administrators, legal representatives, successors and assigns of the parties . 2. A.W.Grimes-parcels 1&S 3 . GRANTOR covenants that it will not convey any other easement or conflicting property rights of any kind within the area covered by this grant . This grant shall be binding upon legal representatives, successors, and assigns of GRANTOR for the term of this grant . 4 . GRANTEE will indemnify and hold harmless GRANTOR from any claims arising from and connected with the subject Property following taking possession of the subject Property and until the time of settlement and transfer of title, and shall, at all times, maintain, and require its agents, contractors, and other legal representatives to maintain, adequate insurance in connection with the exercise of rights conferred by this Agreement . TO HAVE AND TO HOLD the possession of the above-described tracts of land for the purposes and subject to the limitations described above, and GRANTOR warrants that he knows of no persons or business entity owns a present possessory interest in the fee title to the above-described premises other than GRANTOR, and that there are no parties in possession of any portion of the referenced real property as lessees . GRANTOR has read this entire instrument and fully understands and agrees to its provision. GRANTOR has executed this grant of its own free will, without coercion, harassment, or threat . Executed this the 04 day of 2004 . GRANTOR: M&M EQUITIES IV, INC. ByO �'`7 Its : GRANTEE: CITY OF ROUND ROCK, TEXAS 3. A.W.Grimes-parcels I&S 4PW-� llL-, M a 2y-o i� -off-�y 4. 0 EXHIBIT M&M Equities IV,Inc., FN 2938(ALG) 3.68 Acre Right-of-Way Tract September 7,2003 P.A.Holder Survey A-297 SAM,Inc.Job No.23103-20 Williamson County,Texas DESCRIPTION OF A 3.68 ACRE TRACT OF LAND LOCATED IN THE P.A.HOLDER SURVEY,ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 6.293 ACRE TRACT OF LAND AND A CALLED 5.631 ACRE TRACT OF LAND BOTH DESCRIBED IN THE DEED TO M & M EQUITIES 1V,INC.,AS RECORDED IN DOCUMENT NO. 199963931 OF THE OFFICIAL PUBLIC RECORDS WILLIA&1SON COUNTY, TEXAS, SAID 3.68 ACRE 'TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 3-inch iron pipe found in the south right-of-way(ROW)line of U.S. Highway 79(a varying width ROW) for the northwest comer of Lot 1 Block A of the Final Plat for Cirldel Commons, a subdivision of record in Cabinet P, Slide 230 of the Plat Records of Williamson County,Texas, same being a called 5.84 acre tract of land described in the deed to Martin J. Cirldel and Pamela Cirldel as recorded in Volume 589, Page 291 of the Deed Records Williamson County,Texas; THENCE with said south ROW line,same being the north line of said Lot 1,N 791 27' 07"E, a distance of 212.45 feet to a 1-inch iron pipe found for the north common comer of said Lot 1 and said 6.293 acre tract,same being the northwest comer of the tract described herein,and the POINT OF BEGINNING; THENCE with said south right-of-way line,same being the north line of said 6.293 acre tract, N 79° 27' 07"E, a distance of 138.87 feet to a concrete monument set for the northeast comer of the tract described herein,from which a G PK nail with a shiner found in said common line bears N 790 27'07"E,a distance of 378.15 feet; THENCE leaving said common line,and crossing said 6.293 acre tract and said 5.631 acre tract the following seven (7)courses and distances: 1. S 32'48'53"W,a distance of 23.82 feet to a concrete monument set for an angle point, 2. with the arc of curve to the left a distance of 85.89 feet through a central angle of 05° 32' 56", having a radius of 886.93 feet, and whose chord bears S 14° 33' 57" E, a distance of 85.86 feet to a concrete monument set for a point of tangency, 3. S 17°20'24"E,a distance of 17.33 feet to a concrete monument set for a point of curvature, 4. with the arc of a curve to the right a distance of 366.50 feet through a central angle of 250 59'20",having a radius of 808.00 feet, and whose chord bears S 04° 20' 44" E, a distance of 363.37 feet to a concrete monument set for a point of tangency, 5. S 08°38'56"W,a distance of 411.56 feet to a concrete monument set for a point of curvature, 6. with the arc of a curve to the right a distance of 53.53 feet through a central angle of 65° 15'31",having a radius of 47.00 feet, and whose chord bears S 23° 58' 50" E, a distance of 50.69 feet to a concrete monument set for a point of tangency,and 7. S 08°38' 56"W, a distance of 58.69 feet to a 1/2-inch iron rod with a plastic cap set on the west line of a remainder of a called 69.81 acre tract of land as described in the deed to Phillip W_Warner and wife,Alienn Warner as recorded in Volume 369, Page 299 of the Deed Records of Williamson County, Texas, same being a east line of said 5.631 acre tract; Page 1 of 3 0 M&M Equities IV,Inc., FN 2938(ALG) 3.68 Acre Right-of-Way Tract September 7,2003 P.A.Holder Survey A-297 SAM,Inc.Job No.23103-20 Williamson County,Texas THENCE with said east line, S 610 32' 59"W, a distance of 52.21 feet to a 1/2-inch iron rod found for a common interior ell comer of said 5.631 acre tract and said remainder tract,- THENCE ract;THENCE with a common line of said remainder tract and said 5.631 acre tract,S 381 54' 58"E,a distance of 71.38 feet to a 1/2-inch iron rod with a plastic cap set on the north ROW line of the Missouri Pacific Railroad(a 100-foot wide ROW),as found monumented and occupied on the ground for the southeast corner of the tract described herein; THENCE crossing said 5.631 acre tract,with said north ROW line, S 53°39'45"W, a distance of 219.30 feet to a 1/2-inch iron rod with a plastic cap set for the southwest comer of the tract described herein; THENCE crossing said 5.631 acre tract with the arc of a curve to the right a distance of 64.83 feet through a central angle of 04°42'02",having a radius of 790.20 feet,whose chord bears N 06°40'06"W,a distance of 64.81 feet to a concrete monument set for a point of compound curvature; THENCE continuing across said 5.631 acre tract with the are of a curve to the right a distance of 9.84 feet through a central angle of 111 59' 36",having a radius of 47.00 feet, and whose chord bears N 78° 55' 57"W, a distance of 9.82 feet to a 1/2-inch iron rod with a plastic cap set on the common line of said Lot 1 and said 5.631 acre tract; THENCE with said common line the following four(4)courses and distances: 1. N 11°53'09"E,a distance of 56.97 feet to a 1/2-inch iron rod with a plastic cap set for an angle point, I C 2. N 19°06'37"E,a distance of 215.06 feet to a 1/2-inch iron rod found for an angle point, 3. N 12°26'26"E,a distance of 105.31 feet to a 1/2-inch iron rod found for an angle point,and M C= 4. N 02°52' 51"W,a distance of 751.02 feet to the POINT OF BEGINNING, and containing 3.68 acres of land,more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System,NAD 83,Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson,RPLS,Survcon,Inc. THE STATE OF TEXAS COUN'T'Y OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That 1, C. M. Solomon, 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 during December 2000. WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 8m day of September 2003 A.D. SURVEYING AND MAPPING,Inc. 5508 West Highway 290,Building B C.M.Solomon Austin,Texas 78735 OF T Registered Professional LandG Ye No.5734-State of Texas A P '94%,-F ............................... C.M.SOLOMON ....:.......................... ,r--.7p 5734 -1 Q O,c�3 S lot'.�O O .SUR�� Page 2 of 3 P.A. HOER SURVEY A -2970 v•S MtGHw AY 79-27 07 e N7 87' --- N 3"IPF „79'2745?-r 138• AL1 Z12.r- P.0.6. P•0 r� i T' IPF SEE l I I ® DETAIL 'A' M & M EQUITIES IV, INC. CALLED 6.293 ACRES 0 100 200 I ► DOC. NO. 199963931 LN O.P.R.W.C.TX. OT 1 BLOCK A to SEPTEMBER 2003 FINAL PLAT FOR P.A.HOLDER SURVEY A-297r 0 LINE TABLE WILLIAMSON COUNTY, TEXAS CIRKIEL COMMONS N SCALE 1"-200' CAB. P, SL. 230 I 3 LINE NO. BEARING DISTANCE P.R.W.C.TX. 3.68 L1 s32.48.53"w 23.82• N ACRES L2 S17.20.24"E 17.33' MARTIN J. CIRKIEL AND i L4 L3 Sst•32'59"'W52.29' PAMELA CIRKIEL z L5 S38°54'58"E 71. ' CALLED 5.84 ACRES I L6 N11.53'09"E 56.97' VOL. 589, PG. 291 D.R.W.C.TX. Cl I _ 0.05°32'56" 0 25°59'20" , INdM & M EQUITIES IV, INC. R-886.93' R-808.00' i CALLED 5.631 ACRES L-85.89' L-366.50' { DOC. N0. 1999963931 T-42C12 .98' T-186.46' CB-S14.33'57"E CB-SO4°20'44"E j F) O.P.R.W.C.TX. I C-85.86' C-363.37' I i„ 0 O 1 � • ° I�.,- o PHILLIP W. WARNER AND T" C3 C4 IN �„ f WIFE, ALIENN WARNER A•65°15'31" A-04.42'02' 1N // REMAINDER OF A R-47.00' R-790.20' I� O CALLED 69.81 ACRES L-53.53' L-64.83' / • �, i T•30.09' T-32.43' VOL. 369, PG. 299 ® CB-S23.58'50"E CB-NO6.40'06"W D.R.W.C.TX. C-50.69' C-64.81' / I O p i/ DETAIL 'A' DETAIL •B' I h C5 / I �'`�' • A-11.59'36" 1= R-47.00' L-9.84' `N T-4.94' SEE/ CB-N78°55'57"W DETAIL 'B' C-9.82' NOTES: A 5h �� 1 �PF�P NOT TO SCALE NOT TO SCALE BEARINGS AND COORDINATES ARE BASED ON THE G\K\���0 \ TEXAS STATE PLANE COORDINATE SYSTEM,NAD 63, CENTRAL ASURFACE OADJUSTM NTUFACTOROOFU1R.00012 US RASING ` Q�QO�' LEGEND PROVIDED BY DOUG ANDERSON,RPLS,SURVCON,INC. `�\�7 \ ♦ PK NAL W/SHKR FOUND r'�Q O 1-IRON PIPE FWNO UNLESS NOTED DETAILS ARE NOT DRAWN TO SCALE_ /'73) ,- O %_-IRON ROD WITH A PLASTIC CAP SET �� ,TC 91 CONCRETE MOWMENT SET I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE e-P•`; '•; GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO •f � n c.'y > 0 CALCULATED POINT THE BEST OF MY KNOWLEDGE AND BELIEF. / i o'•:1% \ 0 '/:"IRON ROD FOUND Wi CAP UNLESS NOTED C C. P;t SOLOMON I ` ' PONTRECOINFORMATION •••........................... ......"..... ........ a.p•I POINT DF BEGRNNC G i/ ,................................. , PA.C. POINT OF COMMENCING /`O �' Q �` Jr'/J� r:�` ni IRON PIRON P FOUND FOUND C.M.SOLOMON -p c c�: JRW,C_T"OFFX:UL PLIC RECORDS WLLIAMSON GATE /� ..."5 S 5 1 O:S� COUNTY.TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR ' •••••�!G OJLW.C•T„.OFFICNAL RECORDS WLLWASON COUNTY.TEXAS NO.5734•STATE OF TEXAS S'u PAW.C.T,. PLAT RECORDS WILLIAMSON COUNTY.TEXAS DJLW,C.T.. DEED RECORDS WILLIAMSON COUNTY.TEXAS SAM .N� 55M West Hig m my M.Buidre 9 Austin.Tc"s 7B735 RIGHT-OF-WAY PLAT PAGE 3 OF 3 SUP.VEYING•AERWL MAPPNG•ENGINEEgNG (512)"74575 SHOWING PROPERTY O F REF. FIELD Fax. 012)326--W29 V & M EQUITIES IV, INC. NOTE NO. 2938 EXHIBIT M&M Equities IV,Inc. FN 2939(ALG)) 0.32 Acre(13,937 sq.ft.)Right-of-Way Tract , 03 May a 14 20 P.A.Holder Survey A-297 SAM,Inc.Job MMa 14,20 0 Williamson County,Texas DESCRIPTION OF A 0.32 ACRE (13,937 SQ. FT.) TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY,ABSTRACT NO.297,WILLIAMSON COUNTY,TEXAS,BEING A PORTION OF A CALLED 5.631 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO M &M EQUITIES IV, INC., AS RECORDED IN DOCUMENT NO. 199963931 OF THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY,TEXAS,SAID 0.32 ACRE (13,937 SQ. FT.) TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2-inch iron rod found for an angle point in a common line of a called 5.7 acre tract of land as described in the deed to the City of Round Rock as recorded in Vo mm 1490, Page 660 of the Official Records Williamson County,Texas and said 5.631 acre tract, from which a 1/2-inch iron rod found bears S 39°07' 07"E, a distance of 170.62 feet to a 1/2-inch iron rod found for an angle point; THENCE with said common line,N 38°54' 58"W,a distance of 34.62 feet to a calculated point on the south right- of-way(ROW)line of the Missouri Pacific Railroad,a 100-foot wide ROW,as found monumented and occupied on the ground; THENCE crossing said 5.631 acre tract and with said south ROW line, S 530 39'45"W,a distance of 102.64 feet to a 1/2-inch iron rod with a plastic cap set for the northeast comer of the tract described herein and for the POINT OF BEGINNING; THENCE leaving said south ROW line and crossing said 5.631 acre tract the following two (2) courses and distances: 1. with the arc of a curve to the left a distance of 103.31 feet through a central angle of 09°06' 12",having a CtiJ radius of 650.20 feet, and whose chord bears S 190 20' 37" E, a distance of 103.20 feet to a concrete ® monument set for a point of tangency,and 2. S 23°53'43"E,a distance of 74.62 feet to a calculated point in the approximate centerline of Brushy Creek, same being the north line of the remainder of a called 27.61 acre tract of land described in the deed to Sycamore Trail,LTD.,as recorded in Document No.2001007249 of the Official Public Records Williamson County,Texas for the southeast corner of the tract described herein, from which a 1/2-inch iron rod with a plastic cap set for reference bears S 23'53'43"E,a distance of 60.00 feet; THENCE with said approximate centerline,same being the north line of said remainder tract,a called 3.52 acre tract of land as conveyed to the City of Round Rock as a Possession and Use Agreement for Transportation Purposes as recorded in Document No.2001038656 of the Official Public Records Williamson County,Texas,and the north line of a called 4.83 acre tract of land described in the deed to David L. Carlin and wife,Mary C. Carlin as recorded in Volume 1155,Page 286 of the Deed Records Williamson County, Texas,N 711 37'47"W,passing at a distance of 80.18 feet a calculated point for the north common comer of said 3.52 acre tract and said 4.83 acre tract,from which point a 1/2-inch iron rod found in the common line of said 3.52 acre tract and said 4.83 acre tract, bears S 23°41'52"W,a distance of 34.90 feet,in all a total distance of 210.19 feet to a calculated point in said ROW line, as found monumented and occupied on the ground,same being the north corner of said 4.83 acre tract,from which a 1/2-inch iron rod found in said south ROW line bears S 53°39'45"W,a distance of 405.16 feet; Pagel of 3 M&M Equities IV,Inc. FN 2939(ALG)) 0.32 Acre(13,937 sq.ft.)Right-of-Way Tract P.A.Holder Survey A-297 May 14,2003 Williamson County,Texas SAM,Inc.Job No.23103-20 T IENCE crossing said 5.631 acre tract and with said south ROW line,N 53'39'45"E,a distance of 167.68 feet to the POINT OF BEGINNING and containing 0.32 acre(13,937 sq.ft.)of land,more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System,NAD 83,Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson,RPLS,Survcon,Inc. THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That I, C. M. Solomon, 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 during December 2000. WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 9h day of September 2003 A.D. SURVEYING AND MAPPING,Inc. C"i( . 5508 West Highway 290,Building B C.M.Solomon Austin,Texas 78735 Registered Professional Land Surve No.5734-State of Texas o;N .................OOMON - •<'•� 5734 SU '4 Page 2 of 3 0 P.A. HOLDER S \Z ,A SURVEY A -297 `Q o N Owl ti A-09"06'12" / 'a o�00'A�O R-650.20' L-103.31' rO \sad 'A 905� GiG CB-S 96 20'37"E - P.O.C. 0 25 50 C-103.20' S •� �OP�X00 SEPTEMBER 2003 a Q• o, P.A. HOLDER SURVEY A P.O.B.-297 �� o� WILLIAMSON COUNTY, TEXAS � SCALE 1"-50' i DETAIL 'A' 1 P�\pt'- 11 �l\O� k��• � • M & M EQUITIES IV, INC. CALLED 5.631 ACRES \ DOC. NO. 1999963931 SEE 1 0.32 ACRE O.P•R•W•C.TX. NOT TO SCALE DETAILI'N (13937 SO, FT.) lb 1 a �° 1 Tzs�T• cA� V. k6 1 vy � \\ $ 0 e •Te• n, 2� \ hry \ \�� MA7=�fVTERl1 CWEK \ \'M�, SYCAMORE TRAIL, LTD., DAVID L. CARLIN AND WIFE, \ \a, REMAINDER OF A MARY C. CARLIN \ / \o CALLED 27.61 ACRES CALLED 4.83 ACRES \ DOC. NO. 2001007249 VOL. 1155, PG. 286 \ O.P.R.W.C.TX. D-R.W.C.TX. \\ CITY OF ROUND ROCK \\ \ POSSESSION AND USE AGREEMENT \ \ FOR TRANSPORTATION PURPOSES \ NOTES: CALLED 3.52 ACRES \ �— DOC. NO. 2001038656 \1 BEARINGS AND COORDINATES ARE BASED ON THE\\ O.P.R.W.C,TX• \ TEXAS STATE PLANE COORDINATE SYSTEM,NAD $3,\ y' CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS \ (E.,OF T PROVIDED BY DOUG ANDERSON,RPLS,SURVCON•INC. P.•' S T •.F* LEGEND DETAILS ARE NOT DRAWN TO SCALE. %•Q o - O Yz-IRON ROD WITH A PLASTIC CAP SET ® CONCRETE MONUMENT SET I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE .C:M.SOLOMON p CALCULATED POINT GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO • %"IRON ROD FOUND W/ CAP U1&ESS NOTED THE BEST OF MY KNOWLEDGE AND BELIEF_ •�'9 5734 �;Q I I RECORD WFORMATION ��••'�FE S 5\O r'0 I.D.e. PONT OF REGNNNO // �O •'-......••'�� CAL POINT OF COMMENCING J Or IRON ROD FOUND SUR DPAw CYIRON PIPE OU T+.OFFO&PUBLIC RECORDS WILIAYSON C.M.SOLOMON DATECOUNTY'TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR 0j"l ..OFFICIAL RECORDS WILLWRSON COUNTY,TEXAS NO.5734,STATE OF TEXAS "l PLAT RECORDS WILLIA6RSOH COUNTY TEXAS DJLW.GIn DEED RECORDS WILLUVRSON COUNTY,TEXAS SAMAZUR TeX&S 9735 DuRWIg A�DnT� ,�,� RIGHT-OF-WAY PLAT PAGE 3 OF 3 SURYEYWG•AERNL MAPPING-ENGIHEERWG �-0�5 Fax: P2)326-W29SHOWING PROPERTY OF REF' FIELD Fa><. M & M EQUITIES IV, INC. NOTE N0. 2939