R-04-11-23-9A1 - 11/23/2004 RESOLUTION NO. R-04-11-23-9A1
WHEREAS, the City desires to purchase two tracts of land
totaling 0 .441 acres for additional right-of-way for the Red Bud Lane
(CR 122) Project, and
WHEREAS, Robert Lee Burnell, 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 Robert Lee Burnell,
for
the purchase of the above described property, a copy of said Real
Estate Contract being attached hereto as Exhibit "A" and incorporated
herein for all purposes .
finds and declares that written notice of
The City Council hereby
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 23rd day of November, 2 04 .
NY WEL Mayor
City of Round Rock, Texas
AT
CHRISTINE R. MARTINEZ, City Secretar
QPFDeskt0P\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R41123A1.WPD/Sc
Red Bud Lane-Parcels 6&7
REAL ESTATE CONTRACT
Red Bud Lane
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ROBERT LEE
BUNNELL, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF
MORRIS D. CLARK,AKA M.D. CLARK AND AKA MORRIS DANIEL CLARK,DECEASED,
(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:
0.225 acre(9,808 square foot)tract of land situated in the Joseph Marshall Survey,Abstract No.
409,in Williamson County,Texas,being more fully described bymetes and bounds in Exhibit"A",attached
hereto and incorporated herein (Parcel 6);
0.216 acre(9,422 square foot)tract of land situated in the Joseph Marshall Survey,Abstract No.
409,in Williamson County,Texas,being more fully described by metes and bounds in Exhibit"B",attached
hereto and incorporated herein(Parcel 7);
together with all and singular the rights and appurtenances pertaining to the property,including any right,title
and interest of Seller in and to adjacent streets,alleys or rights-of-way(all of such real property,rights,and
appurtenances being referred to in this Contract as the"Property"). 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 shall be the sum of FORTY EIGHT THOUSAND FOUR
HUNDRED FIFTY THREE and 00/100 Dollars ($48,453.00).
K:\bunnellrobertcr122par6par7\0\Rea1 Estate Contract/sls 1 EXHIBIT
"All
Red Bud Lane-Parcels 6&7
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01.The obligations of Purchaser hereunder to consummate the transactions contemplated hereby
are subject to the satisfaction of each of the following conditions(any of which maybe 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 Austin Title Company,Round
Rock office("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 reasonablyrequested as necessary to eliminate or modify
such matters.In the event Seller is unable to do so prior to the closing date or by other date as agreed to
between the parties,Purchaser may terminate this Contract and it shall thereupon be null and void for all
purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser,as provided
in Article VI.
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.The survey shall be staked on the ground,and
the plat shall show the location of all improvements,highways,streets,roads,railroads,rivers,creeks,or
other water courses,fences,easements,and rights-of-way on or adjacent to the Property,if any,and shall
set forth the number of total acres comprising the Property,together with a metes and bounds description
thereof.
If anyportion of the survey is unacceptable to Purchaser,then Purchaser shall give Seller notice of
this fact.Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate
or modify such matters.In the event Seller is unable to do so prior to the closing date or by other date as
agreed to between the parties,Purchaser may terminate this Contract and the Contract shall thereupon be
null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser,
as provided in Article VI.
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Red Bud[ane-Parcels 6&7
Miscellaneous Conditions
3.04.Seller shall have performed,observed,and complied with all ofthe 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 ofthe 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 office of Austin Title,Round Rock office,on or before
November 1,2004,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 in fee simple to all of the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and restrictions, except for the following:
K:\bunnellrobertcrl22par6par7\0\Real Estate Contract/sls 3
Red Bud Lane-Parcels 6&7
(a) General real estate taxes for the year of closing and subsequent years not yet due
and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof, and
(c) Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense,issued by
Austin Title, in Purchaser's favor in the full amount of the purchase price, insuring
Purchaser's fee simple title to the Property subject only to those title exceptions listed
herein,such other exceptions as maybe 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 ofRecord;"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.
Proration
5.04.General real estate taxes for the then current year relating to the Property shall be prorated
as ofthe closing date and shall be adjusted in cash at the closing.Ifthe 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:
K:\bunnellrobertcr122par6par7\0\Real Estate Contract/sls 4
Red Bud[ane-Parcels 6&7
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions ofthis
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 in Article IX hereof.At the closing,the Escrow Deposit shall be paid over to Seller
and applied to the cash portion ofthe 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 M 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 ofthis 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 ofthis 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.
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Red Bud lane-Parcels 6&7
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 anyone 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.
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Red Bud Lane—Parcels 6&7
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 famished with or obtain a policy of title insurance or Purchaser
should have the abstract covering the Property examined by an attorney of Purchaser's own selection.
Effective Date
9.10 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.
S LE
Addr •C7�c�k Z
ROBERT LEE B ELL, INDIVIDUALLV
AND AS INDEPENDENT EXECUTOR OF
THE ESTATE OF MORRIS D. CLARK,
AKA M.D. CLARK AND AKA MORRIS
DANIEL CLARK, DECEASED
Date: 2 Z( y
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Red Bud Lane-Parcels 6&7
PURCHASER:
CITY OF ROUND ROCK
By:
James Nuse, P.E.
City Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
K:\bu nellrobertcr122par6par7\0\Real Estate Contract/sls 8
a
EXHIBIT
Clark
0.225 Acre Tract
a -.APage I of 3
DESCRIPTION
FOR A 0.225 ACRE (9,808 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 2, A
CALLED 2.50 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO
MORRIS D. CLARK AND RECORDED IN VOLUME 2153, PAGE 775 OF
THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.225 ACRE TRACT
AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %Z" iron rod found for the southeast comer of a called
2.50 acre tract of land as described in that deed to Joseph E. Jenkinson and wife, Marion K.
Jenkinson and recorded in Document No. 9831278 of the Official Records of said county, same
being on the west right-of-way line of County Road No. 122, also called Red Bud Lane(right-of-
way width varies);
THENCE with the west right-of-way line of said County Road No. 122, S 030 57' 10"W for a
00 distance of 251.74 feet to a calculated point for the northeast corner of said north Clark 2.50 acre
tract, for the northeast corner and POINT OF BEGINNING hereof,
00
C=) THENCE continuing with the west right-of-way line of said County Road No. 122, same being
CVD the east line of said north Clark 2.50 acre tract, S 030 57' 10"W for a distance of 252.05 feet to a
C-15 calculated point for the southeast corner of said north Clark 2.50 acre tract, same being the
northeast comer of a called 2.50 acre tract of land as described in that deed to Morris D. Clark
and recorded in Volume 2154, Page 788 of the Official Records of said county, for the southeast
corner hereof, from which a %2" iron rod found on the west right-of-way line County Road No.
122, for the southeast corner of a called 2.500 acre tract of land as described in that deed to
Robert M. Carlin and wife, Sophia Carlin and recorded in Volume 1747,Page 414 of the Official
Records of said county bears, S 030 57' 10"W for a distance of 504.33 feet;
THENCE with the south line of said north Clark 2.50 acre tract, same being the north line of
said south Clark 2.50 acre tract, N 850 57' 58"W for a distance of 38.47 feet to a '/z" iron rod set
with Baker-Aicklen cap for the southwest corner hereof;
SKETCH TO ACCOMPANY DESCRIPTION
BEGINNING FOR DETAIL
REFERENCE I (N.T.S.)
JOSEPH E' JENKINSONANDI
MARION K. ✓ENKINSON WIFE,
SCALE: 1" = 50' CALLED 2.50 ACRES DOC. L2
NO. 9831278
38.28 •p/6,
Wff" 1fSON COUNTY, WI
TEUS LLIAM R. KITTS AND
WIFE, KAY S. KITTS
UNRECORDED
DEED PER WCAp � •
LEGEND
L2.
FWITH
RON ROD FOUNDRON ROD FOUND CAP (AS NOTED) f' ....•:-:•:•:•:•
O 1/2"IRON ROD SET WITH
BAKER-AICKLEN CAP 0.22'
D CALCULATED POINT �' :"
It POINT OF
E) 3/4"IRON PIPE FOUND DETAIL BEGINNING
l I RECORD INFORMATION
r.s.) -1
PER VOL. 1747, PG. 414 - o, h
<< >> RECORD INFORMATION �t •• w
PER VOL. 2153, PG. 775 N 0./2' C%
( ) RECORD INFORMATIONI •,•,••••••••
PER VOL. 2154, PG. 788w
< > RECORD INFORMATION PER ''.'.'.'''' ' n
CAB. V. SL. 360 - 361 v n O
( 1 RECORD INFORMATION q
PER DOC. NO. 983/278 cv
NUMBER BEARING u A
DISTANCE Y ^ .. o o A ,
L1 N 8505758" W 38.47' 1 ..........
«/N 89055'00" W» Q ' O))Ifs� ••.
(N 69°55'00" E) v tu
p (x V OO O O
L2 S 86°07'58"E 38.44' o v►� V r0
O
<<N
N 89°55'00"E» � WN
L3 S86D2'50"E ph24.44 y
cV j � h •-..........'.
(N 89°5722"EJ p J 1 'o
'.'.'.'.'.'.'.
L4 <N 89050'00`E> <24.33� J U, .....:•:•... PARCEL 6
N 03-57-10'E 252.29 ;� :.;.:.:.'.'.'.'.... 0.225 ACRE
(N 00005'00"E) (251.76')
L5 N 03°57'10"E 252.05' "11+ ►� .'.'.'.'.'.'.•.. (9,808 SQ. FT.)
(N 00005'00"E) (252.40') �J °
L6 S 0305710" W 251.T4 p ...........
..... ..... .
(S 00005'00" W) 1252.0511 7 •••.. BASIS OF BEARINGS IS
THE COUNTY ROAD 122
PROJECT BETWEEN U.
S. HIGHWAY NO. 79
MORRIS p• LI AND FOREST CREEK
CALLED CLARK DRIVE, PERFORMED BY
VOLU 2.50 ACRES M BAKER-AICKLEN,
ME 2154, PAGE 788 J APRIL, 2000.
ROBERTM. CARL IN AND WIFE SOP— _--
CALLED
PHCARLIN 3
VOLUME/74700 ACRES SEE o
PAGE 414 DETAIL
BURY Q PARTNERS CAP
APPROXIMATE SURVEY °
UNE J DATE: FEBRUARY, 2003
LOT/, BLOCK h JOB NO.: 0601-2-058-51
CK A CALLED 3.651 ACRES BY: TJR
STONECREST RETAIL SUBDIVISION
CAB PAGE 3 OF 3
V, SL. 360 - 361 1.3
s-AM UE:1- JE•Nt<j"'s I BAKER-AICKLEN
E3 UR V JE Y, MENGINEERS/SURVEYORS
a A880C1ATE8.INa
JNJO. ;34 -7
K:\PROJECTS\CORR\CRl22-RED
BUD\ROW\SKETCH\PARCEL 06.DWO 13 OF 31 May 01.2003-3:48pm
Clark
0.225 Acre Tract
Page 2 of 3
THENCE through the interior of said north Clark 2.50 acre tract, the following two (2) courses
and distances:
1) N 03°27' 27" E for a distance of 106.53 feet to a %2" iron rod set with Baker-Aicklen cap
for an angle point hereof, and
2) N 04° 19'32"E fora distance of 145.42 feet to a %i"iron rod set with Baker-Aicklen cap on
the north line of said north Clark 2.50 acre tract,for the northwest corner hereof;
THENCE with the north line of said north Clark 2.50 acre tract, S 86°07' 58"E pass a3/4"iron
pipe found at a distance of 38.28 feet, continuing for a total distance of 38.44 feet to the POINT
OF BEGINNING and containing 0.225 acre of land.
Basis of bearings is the County Road 122 Project between U. S.Highway No. 79 and Forest
Creek Drive,performed by Baker-Aicklen,April, 2000.
Surveyed under the direct supervision of the undersigned during February,2003:
DO
--I
OF
MARGARET A.NOLE
=> Margaret A.Nolen
Ir90 559
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN&ASSOCIATES,INC.
203 E. Main Street, Suite 201 f
Round Rock, Texas 78664
(512)244-9620
Job No.: 0601-2-058-51
Filename: WAPROJECTWORMR122-RED BUDWOMMBIPARCEL 06.DOC
• EXHIBIT -
Clark
0.216 Acre Tract E
Page l of 3
DESCRIPTION
FOR A 0.216 ACRE (9,422 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
2.50 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO MORRIS
D. CLARK AND RECORDED IN VOLUME 2154, PAGE 788 OF THE
OFFICIAL RECORDS OF SAID COUNTY, SAID 0.216 ACRE TRACT AS
SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %2" iron rod found for the southeast comer of a called
2.50 acre tract of,land as described in that deed to Joseph E. Jenkinson and wife, Marion K.
Jenkinson and recorded in Document No. 9831278 of the Official Records of said county, same
co being on the west right-of-way line of County Road No. 122, also called Red Bud Lane(right-of-
way width varies);
00
r-1 THENCE with the west right-of-way line of said County Road No. 122, S 03°57' 10"W for a
00 distance of 503.79 feet to a calculated point for the northeast comer of said south Clark 2.50 acre
C tract, same being the southeast corner of a Tract 2, a called 2.50 acre tract of land as described in
M that deed to Morris.D. Clark and recorded in Volume 2153, Page 775 of the Official Records of
O said county, for the northeast corner and POINT OF BEGINNING hereof;
THENCE continuing with the west right-of-way line of said County Road No. 122,
S 03°57' 10"W for a distance of 252.05 feet to a calculated point for the southeast corner of
said south Clark 2.50 acre tract, same being the northeast corner of a called 2.500 acre tract of
land as described in that deed to Robert M. Carlin and wife, Sophia Carlin and recorded in
Volume 1747, Page 414 of the Official Records of said county, for the southeast comer hereof,
from which a %2" iron rod found on the west right-of-way line County Road No. 122, for the
southeast corner of said Carlin 2.500 acre tract bears, S 03°57' 10"W for a distance of
252.28 feet;
THENCE with the south line of said south Clark 2.50 acre tract, same being the north line of
said Carlin 2.500 acre tract, N 85°57' 58" W for a distance of 36.29 feet to a %2" iron rod set
with Baker-Aicklen cap for the southwest corner hereof,
hark
0.216 Acre Tract
Page 2 of 3
THENCE through the interior of said south Clark 2.50 acre tract, N 030 27' 27"E for a distance
of 252.06 feet to a %2" iron rod set with Baker-Aicklen cap on the north line of said south Clark
2.50 acre tract, same being the South line of said north Clark 2:50 acre tract, for the northwest
corner hereof;
THENCE with the north line of said south Clark 2.50 acre tract, same being the south line of
said north Clark 2.50 acre tract, S 85°57' 58"E for a distance of 38.47 feet to the POINT OF
BEGINNING and containing 0.216 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive,performed by Baker-Aicklen,April,2000.
Surveyed under the direct supervision of the undersigned during February,2003:
co E CF
00 *0 IV
Margaret A.Nolen •
Go Registered Professional Land Surveyor No. 5589 N4AF�GAR 5 is►'NOt_EN
q 5589 Q:
o BAKER-AICKLEN&ASSOCIATES,INC. ,; ESS a {o
203 E.Main Street, Suite 201 O S t1 a
Round Rock, Texas 78664
(512)244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CRI22-REDBUD\ROW\MB\PARCEL07.DOC
t i
SKETCH TO ACCOMPANY DESCRIPTION
BASIS OF BEARINGS IS THE COUNTY ROAD
122 PROJECT BETWEEN U. S. HIGHWAY NO.
79 AND FOREST CREEK DRIVE, PERFORMED BEGINNING FOR I
BY BAKER-AICKLEN, APRIL, 2000. REFERENCE
JOSEPH E JENKINSON AND WIFE;
SCALE: 1" = 50' CALLED MARION K. JENKINSON I
2-50 ACRES DOC. NO. 9831278
A'ILLIAMSON COUNTY, -'—• ---
TEXAS
WILLIAM R. KITTS AND ~
WIFE, KAY S. KITTS o
LEGEND UNRECORDED DEED PER h h
WCAp J 3
• 1/2'IRON ROD FOUND
O I/2"IRON ROD FOUND CALLE02-50 ORRIS p• CLARK o
WITH CAP (A.S NOTED) VOLUME 53RPS - TRACT 2 h b
O 1/2'IRON ROD SET WITH AGE 775 M
BAKER-AICKLEN CAP L2 0
CALCULATED POINT h
f J RECORD INFORMATION •
PER VOL. 1747. PG. 414 i 0.22'
« » RECORD INFORMATION a
PER VOL. 2153, PG. 775 N DETAIL "+ POINT OF
BEGINNING
( ) RECORD INFORMATION (N.T•S.)
PER VOL. 2154,.PG. 788
< > RECORD INFORMATION PER a � w
CAB. V, SL. 360 - 361 N 0.f2'
Jo f 1 RECORD INFORMATION I • r� ';';';'
. ..
. ..
PER DOC. N0. 9831278 �J C
..'.'.'.'.'.'.'.'.
co
ti w
`° -4 ov W
00 NUMBER BEA RfNG DISTANCE Q: W ''''''
1y Ti N 85.57'58' W 36.29' (1 0 Q. b NN g w
co IN 89055'00. W) O b v l N ..........:.: 33 O
IN 8905343" W] h N h �1 W "''.'''.' 00o
L2 S 85057'58"E 38.47' J �J S 1 N ; ; ' �O
� (S 89-55'00'E) 0 (� V N °
� Q, o . 00
«S 89°55'00"E»
L3 S 86°02'50"E 24.44' l 2 ••.•••.•... U O
(N 8905722"EJ
<N 89050'00"E> <24.33> U� •'-.•.•.•.•....
L4 S 03057"10' W 252.28' r�J
[S 00005'00" W] (251.76'] (� W ;•;•;•.
L5N 03.57'10"E 252.05' '.'.•.';';';' ; PARCEL 7
EJJN:N °05'00"E>> «252.40'» 0.216 ACRE
0�00!05'00�*
710" (9,422 SQ. FT.)
EJ 1252.05'1 ;;;;;;
ROBERT M. CARLIN
A No SOPHIA CARLIN WIFE, L/
CALLED 2.500BURY & SEE
VOLUME 1747 ACRES PARTNERS CAP DETAIL
APPROXIMATEPAGE 414 V
SURVEY LINE
LOT I, BLOCK A, CALLED 3.65 DATE: FEBRUARY, 2003
STONECREST RETAIL SUBDIVISIONS JOB NO.: 0601-2-058-51
CAB'
V; L3 BY: TJR
SL. 360 - 361
PAGE 3 OF 3
'S-A UEL J�J�Jt<J]�J5 I
S UR v/E Y, BAKER-AICKLEN
a4. 7' I �� a ABSOC1ATEs,lNr-
ENGINEERS/SURVEYORS
WAPROJECTS\CORR\CR122-RED BUD\ROW\SKETCH\PARCEL 07.DWG[3 OF 31 May Of,2003-3:50pm
DATE: November 18, 2004
SUBJECT: City Council Meeting - November 23, 2004
ITEM: 9.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with Robert Lee Burnell for the purchase of 0.443 acres of
right-of-way for the Red Bud Lane (CR 122) Project.
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification: Purchase right-of-way from Robert Lee Burnell, Individually and as
Independent Executor of the Estate of Morris D. Clark, Decreased for the
widening and improvement of Red Bud Lane (CR 122) Project.
Funding•
Cost: $48,453.00
Source of funds: Round Rock Transportation System Development Corporation.
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Increased mobility to the Southeast quadrant of the City.
The appraised value for both of these parcels was
$48,453.00.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
Red Bud Lane-Parcels 6&7
REAL ESTATE CONTRACT
Red Bud Lane
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ROBERT LEE
BUNNELL, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF
MORRIS D. CLARK,AKA M.D. CLARK AND AKA MORRIS DANIEL CLARK, DECEASED,
(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:
0.225 acre(9,808 square foot)tract of land situated in the Joseph Marshall Survey,Abstract No.
409,in Williamson County,Texas,being more fully described bymetes and bounds in Exhibit"A",attached
hereto and incorporated herein (Parcel 6);
0.216 acre(9,422 square foot)tract of land situated in the Joseph Marshall Survey,Abstract No.
409,in Williamson County,Texas,being more fully described by metes and bounds in Exhibit`B",attached
hereto and incorporated herein(Parcel 7);
together with all and singular the rights and appurtenances pertaining to the property,including any right,title
and interest of Seller in and to adjacent streets,alleys or rights-of-way(all of such real property,rights,and
appurtenances being referred to in this Contract as the"Property"). 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 shall be the sum of FORTY EIGHT THOUSAND FOUR
HUNDRED FIFTY THREE and 00/100 Dollars ($48,453.00).
k-011-11- 3AA1 1
K:\bunnellrobertcrl22par6par7\0\Real Estate Contract/sls
Red Bud Lane-Parcels 6&7
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01.The obligations of Purchaser hereunder to consummate the transactions contemplated hereby
are subject to the satisfaction of each of the following conditions(any of which may be waived in whole or
in part by Purchaser at or prior to the closing.)
Preliminary Title Commitment
3.02.Purchaser,at Purchaser's sole cost and expense,has caused the Austin Title Company,Round
Rock office("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.In the event Seller is unable to do so prior to the closing date or by other date as agreed to
between the parties,Purchaser may terminate this Contract and it shall thereupon be null and void for all
purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser,as provided
in Article VI.
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.The survey shall be staked on the ground,and
the plat shall show the location of all improvements,highways,streets,roads,railroads,rivers,creeks,or
other water courses,fences,easements,and rights-of-way on or adjacent to the Property,if any,and shall
set forth the number of total acres comprising the Property,together with a metes and bounds description
thereof.
Ifanyportion ofthe survey is unacceptable to Purchaser,then Purchaser shall give Seller notice of
this fact.Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate
or modify such matters.In the event Seller is unable to do so prior to the closing date or by other date as
agreed to between the parties,Purchaser may terminate this Contract and the Contract shall thereupon be
null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser,
as provided in Article VI.
K:\bunnellrobertcrl22par6par7\O\Real Estate Contract/sls 2
Red Bud Lane-Parcels 6&7
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 office of Austin Title, Round Rock office, on or before
November 1,2004,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 in fee simple to all of the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and restrictions, except for the following:
K:\bunnellrobertcr122par6par7\0\Rea1 Estate Contract/31s 3
Red Bud Lane-Parcels 6&7
(a) General real estate taxes for the year of closing and subsequent years not yet due
and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense,issued by
Austin Title, in Purchaser's favor in the full amount of the purchase price, insuring
Purchaser's fee simple title 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.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 occurbefore 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:
K:\bunnellrobertcr122par6par7\0\Real Estate Contract/sls 4
Red Bud Lane Parcels 6&7
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
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 in Article IX hereof.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 timelyperform 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 ofthis 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.
K:\bunnellrobertcr122par6par7\0\Rea1 Estate Contract/sls 5
Red Bud Lane-Parcels 6&7
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 anyone 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.
K:\bunnellrobertcrl22par6par7\0\Real Estate Contract/sls 6
Red Bud Lane Parcels 6&7
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.
Effective Date
9.10 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.
S LE
Addr •CD, �k CMZ
ROBERT LEE B ELL, INDIVIDUAL.LV p�� �'�� �73, -j��
AND AS INDEPENDENT EXECUTOR OF
THE ESTATE OF MORRIS D. CLARK,
AKA M.D. CLARK AND AKA MORRIS
DANIEL CLARK, DECEASED
Date: Z Z 4
K:\bunnellrobertcr122par6par7\0\Real Estate Contract/sls 7
Red Bud Lane-Parcels 6&7
PURCHASER:
CITY OF ROUND ROCK
By:4 6 mewEcc
Y -fgy0Ra
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
K:\bunnellrobertcr122par6par7\O\Real Estate Contract/sls 8
EXHIBIT
Clark $
0.225 Acre Tract $
Page 1 of 3
DESCRIPTION
FOR A 0.225 ACRE (9,808 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 2, A
CALLED 2.50 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO
MORRIS D. CLARK AND RECORDED IN VOLUME 2153, PAGE 775 OF
THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.225 ACRE TRACT
AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %2" iron rod found for the southeast corner of a called
2.50 acre tract of land as described in that deed to Joseph E. Jenkinson and wife, Marion K.
Jenkinson and recorded in Document No. 9831278 of the Official Records of said county, same
being on the west right-of-way line of County Road No. 122, also called Red Bud Lane (right-of-
way width varies);
THENCE with the west right-of-way line of said County Road No. 122, S 03°57' 10"W for a
oo distance of 251.74 feet to a calculated point for the northeast corner of said north Clark 2.50 acre
*-1 tract, for the northeast corner and POINT OF BEGINNING hereof;
00
o THENCE continuing with the west right-of-way line of said County Road No. 122, same being
M the east line of said north Clark 2.50 acre tract, S 03°57' 10"W for a distance of 252.05 feet to a
C:1 calculated point for the southeast corner of said north Clark 2.50 acre tract, same being the
northeast corner of a called 2.50 acre tract of land as described in that deed to Morris D. Clark
and recorded in Volume 2154, Page 788 of the Official Records of said county, for the southeast
corner hereof, from which a %2" iron rod found on the west right-of-way line County Road No.
122, for the southeast corner of a called 2.500 acre tract of land as described in that deed to
Robert M. Carlin and wife, Sophia Carlin and recorded in Volume 1747, Page 414 of the Official
Records of said county bears, S 03° 57' 10"W for a distance of 504.33 feet;
THENCE with the south line of said north Clark 2.50 acre tract, same being the north line of
said south Clark 2.50 acre tract, N 85°57' 58"W for a distance of 38.47 feet to a %s' iron rod set
with Baker-Aicklen cap for the southwest corner hereof;
1' •
SKETCH TO ACCOMPANY DESCRIPTION
BEGINNING FOR DETAIL
REFERENCE I IN.T.S.)
JOSEPH,E; JENKINSON
MARION K. JENKINSON WIFE,
SCALE: 1" = 50' CALLED 2.50 ACRES D I L2
OC. Np, 9831278 38,28 .
A7LLL9bfSON COUNTY, P.16,
TEXAS WILLIAM R. KITTS AND
WIFE, KAY S. KITTS
UNRECORDED DEED P r
LEGEND PER WCAD 'o
• 1/2"IRON ROD FOUND L2
1/2"IRON ROD FOUND • ''
WITH CAP (AS NOTED) •.......•.•
O 1/2"IRON ROD SET WITH
BAKER-AICKLEN CAP
D
CALCULATED POINT
NPOINT OF
O 3/4"IRON PIPE FOUND DETAIL 41 BEGINNING
I I RECORD INFORMATION (N.T.S.) -�
PER VOL. 1747, PG. 414 0, h
<< » RECORD INFORMATION a
PER VOL. 2153, PG. 775 N 0.12' , nt
( ) RECORD INFORMATION J o ..•••••••
1 ......... c
-4A w
PER VOL. 2154, PG. 788 0J y
< > RECORD INFORMATION PER O
CAB. V. SL. 360
- 361 ••......... ho
f 1 RECORD INFORMATION2 .••••••••-.'.' Da P
PER DOC. NO. 9831278 N .• INN
1 NN 0 A
NUMBER BEARING DISTANCE Q 3 3 q
r. LI N 85°57'58" W 38.47, ^ :•:•:•:•:•:•'..'..
«N 89055'00" W» Q �f, IL, b to Z
v °� U •.•.•..•.•..... o o O U O
00 (N 89°55'00"E) o
L2 S 86007'58"E 38.44' d co Q h h o U O
«N 89°55`00" E» p N 1 1
L3 S 86°0250"E 24.44' o q �' � M """""'
1N 8905722"Ej z W �� p '''
. ..
<N 89050'00"E> <24.33>
EL 6
L4 N 03°57'10"E 252.28' o W ^ :.:.:.:.:.:...•.•.•.•.' 0.225ACRE1N 00005'00"El (251.76'j
L5 N 03°57'10" E 252.05' ^ -..........' (9,808 SQ. n.)
° ...........'
(N 00°05'00"E) (252.40') t� M . ...
L6 S 03°57'10" W 251.74' o .'.'.'.'.'.'.'
1S 00°05'00" WI 1-252.05'1 ........ ... BASIS OF BEARINGS IS
_ THE COUNTY ROAD 122
PROJECT BETWEEN U.
S. HIGHWAY NO. 79
MORRIS D. Ll AND FOREST CREEK
CALLED CLARK DRIVE, PERFORMED BY
VOLUME . ACRES M BAKER-AICKLEN,
2/54, PAGE 788i d APRIL, 2000.
ROBERT h
M. CARLIN AND WIFE SOPHI CARLIN
CALLED 3
VOLUME 174700 ACRES SEE '. O
PAGE 414 DETAIL
APPROXIMATE SURVEYLINE-::_:,.
BURY & h
L1NE PARTNERS CAP J 0 DATE: FEBRUARY, 2003
LOT/, h JOB NO.: 0601-2-058-51
BLOCK A, CALLED 3.65/ BY: TJR
ST ONECREST RETAIL SUBDIVISION
S PAGE 3 OF 3
CAB' V, SL. 360 - 361 L3
l\J UE•L a I BAKER-AICKLEN
S U 1;�!V E Y, f3 ASSOCLArE8,INC.
ISI C), 34 7' ENGINEERS/SURVEYORS
W'.\PROJECTS\CORA\CR122-RED BUD\ROW\SKETCH\PARCEL 06-DWG 13 OF 3I Mar Ol.2003 -3:48pm
w
Clark
0.225 Acre Tract
Page 2 of 3
THENCE through the interior of said north Clark 2.50 acre tract, the following two (2) courses
and distances:
1) N 03° 27' 27" E for a distance of 106.53 feet to a %2" iron rod set with Baker-Aicklen cap
for an angle point hereof, and
2) N 04° 19'32"E fora distance of 145.42 feet to a %2"iron rod set with Baker-Aicklen cap on
the north line of said north Clark 2.50 acre tract, for the northwest corner hereof;
THENCE with the north line of said north Clark 2.50 acre tract, S 86°07' 58"E pass a3/4" iron
pipe found at a distance of 38.28 feet, continuing for a total distance of 38.44 feet to the POINT
OF BEGINNING and containing 0.225 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive,performed by Baker-Aicklen, April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
00
T—i OF
00
10
C+0 MARGARET A.NOLEN N
O Margaret A. Nolen
5589---��:
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN&ASSOCIATES, INC.
203 E. Main Street, Suite 201 sulk
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CRI22-REDBUD\ROW\MB\PARCEL06.DOC
f
' Eb
IBIT
• Clark
0.216Acre TractPage 1 of 3
DESCRIPTION
FOR A 0.216 ACRE (9,422 SQUARE FOOT) TRACT OF LAND SITUATED-
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
2.50 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO MORRIS
D. CLARK AND RECORDED IN VOLUME 2154, PAGE 788 OF THE
OFFICIAL RECORDS OF SAID COUNTY, SAID 0.216 ACRE TRACT AS
SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %2" iron rod found for the southeast corner of a called
2.50 acre tract of land as described in that deed to Joseph E. Jenkinson and wife, Marion K.
Jenkinson and recorded in Document No. 9831278 of the Official Records of said county, same
co being on the west right-of-way line of County Road No. 122, also called Red Bud Lane(right-of-
way width varies);
00
.-1 THENCE with the west right-of-way line of said County Road No. 122, S 030 57' 10"W for a
00 distance of 503.79 feet to a calculated point for the northeast corner of said south Clark 2.50 acre
C:) tract, same being the southeast corner of a Tract 2, a called 2.50 acre tract of land as described in
M that deed to Morris.D. Clark and recorded in Volume 2153, Page 775 of the Official Records of
O said county, for the northeast corner and POINT OF BEGINNING hereof;
THENCE continuing with the west right-of-way line of said County Road No. 122,
S 03°57' 10" W for a distance of 252.05 feet to a calculated point for the southeast corner of
said south Clark 2.50 acre tract, same being the northeast corner of a called 2.500 acre tract of
land as described in that deed to Robert M. Carlin and wife, Sophia Carlin and recorded in
Volume 1747, Page 414 of the Official Records of said county, for the southeast corner hereof,
from which a %2" iron rod found on the west right-of-way line County Road No. 122, for the
southeast corner of said Carlin 2.500 acre tract bears, S 03° 57' 10"W for a distance of
252.28 feet;
THENCE with the south line of said south Clark 2.50 acre tract, same being the north line of
said Carlin 2.500 acre tract, N 85°57' 58" W for a distance of 36.29 feet to a %2" iron rod set
with Baker-Aicklen cap for the southwest corner hereof;
hark '
0.216 Acre Tract
Page 2 of 3
THENCE through the interior of said south Clark 2.50 acre tract, N 030 27' 27"E for a distance
of 252.06 feet to a %2" iron rod set with Baker-Aicklen cap on the north line of said south Clark
2.50 acre tract, same being the south line of said north Clark 2:50 acre tract, for the northwest
corner hereof;
THENCE with the north line of said south Clark 2.50 acre tract, same being the south line of
said north Clark 2.50 acre tract, S 85°57' 58"E for a distance of 38.47 feet to the POINT OF
BEGINNING and containing 0.216 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive,performed by Baker-Aicklen, April,2000.
Surveyed under the direct supervision of the undersigned during February,2003:
co 0 IFF '41
00 Q i
Margaret A.Nolen MARGARET A.N0LEN
~ Registered Professional Land Surveyor No. 5589 q
� 5589 Q•
c BAKER-AICKLEN& ASSOCIATES INC. o E�s�� {oma
203 E.Main Street, Suite 201 S U R
p Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CRI22-REDBUD\ROVAMB\PARCEL07.DOC
SKETCH TO ACCOMPANY DESCRIPTION
BASIS OF BEARINGS IS THE COUNTY ROAD
122 PROJECT BETWEEN U. S. HIGHWAY NO,
79 AND FOREST CREEK DRIVE, PERFORMED BEGINNING FOR I
BY BAKER-AICKLEN, APRIL, 2000. REFERENCE
JOSEPH E ,1ENKINSON AND WIFE.
SCALE: 1" = 50' MARION K. ,1ENKINSON I
CALLED 2.50 ACRES DOC. NO. 9831278
11'I u"SON COUNTY,
TEXAS
WILLIAM R. KITTS AND
WIFf, KAY S. KITTS O
LEGF. rD UNRECORDED DEED P 'o b
PER WCAD
• 1/2"IRON ROD FOUND MORRISp
4) 1/2"IRON ROD FOUND CALLED 2.50 ARES AR RACT
2 h h
WITH CAP (AS NOTED) VOLUME
O 1/2"IRON ROD SET WITH 2153• PAGE 775
BAKER-AICKLEN CAP L2 O
CALCULATED POINT •••••• h
I 1 RECORD INFORMATION • w
PER VOL. 1747, PG. 414 > 0.22'
<< » RECORD INFORMATION a
PER VOL. 2153, PG. 775 N DETAIL, ••'''''•• BEGINNING
( ) RECORD INFORMATION - (N.T.S.) "
PER VOL. 2154,. PG. 788 °>
< > RECORD INFORMATION PER a w
CAB. V, SL. 360 - 361 N 0.12' J ;\ ............
f } RECORD INFORMATION I • r� J
PER DOC. NO. 9831278 yJ C� Uj
00
..
O
O �
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ROBERT
M' CARL IN AND WIFE,
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SOPHIA CARLIN LI SEE
CALLED 2.500 ACRES BURY Q
VOLUME 17471PARTNERS CAP DETAIL
SUR APPROXIMATE PAGE 414 a
-----`-- EY �
L INE
LOT I, BLOCK A. CALLED 3.651 ACRES DATE: FEBRUARY, 2003
ST
ONECREST RETAIL SUBDIVISION JOB NO.: 0601-2-058-51
CAB' V, L3 BY: TJR
SL. 360 - 361
PAGE 3 OF 3
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WAPROJECTS\CORR\CR/22-RED BUD\ROW\SKETCH\PARCEL 07.DWO(3 OF 31 May Ol, 2003-3:50pm
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