R-04-08-12-13G1 - 8/12/2004 RESOLUTION NO. R-04-08-12-13G1
WHEREAS, the City desires to acquire 1 . 20 acres of land for the
A.W. Grimes roadway project, and
WHEREAS, Martin J. Cirkiel and Pamela Cirkiel, 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 12th day of August, 2004 .
NYL LL ayor
Ci y Round Rock, Texas
AX:�t�
le.
CHRISTINE R. MARTINEZ, City Secreta
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40812G1.WPD/djc
EXHIBIT
TIA11
RIGHT OF ENTRY,POSSESSION AND CONSTRUCTION
EASEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS,MARTIN J.CIRKIEL AND PAMELA CIRKIEL,ofthe 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 Exhibit "A", which is attached hereto and made a part hereof; and
WHEREAS, THE 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 Exhibit "A", 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. ("Project").
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment of the amount of Two Hundred Thirty Five Thousand
Four Hundred Seventy Nine and 00/100 Dollars($235,479.00),the payment of which is contingent
upon the completed execution and delivery of a partial release of lien by Union State Bank with
respect to the property described herein,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, with the right of exclusive
possession over, upon, and across those tracts of land described in Exhibit "A".
It is expressly agreed, acknowledged, and understood that the consideration paid hereunder
shall be credited against,applied towards,and offset from any consideration to be paid in satisfaction
of an agreed purchase price under a contract and conveyance or in satisfaction of the award of the
special commissioners or subsequent judgment in any condemnation proceeding for the acquisition
of the property described in Exhibit"A".
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 closing of
the contemplated real estate transaction or the acquisition of title or easement interest through
condemnation, and proceeding with surveying, site review and analysis, utility relocation, actual
construction of the 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,
C:\Documents and Settings\admin\Local Settings\Temporary Internet F41es\Content.IE5\8967OXA7\CIRKIEL--Poss Use Agreement (clean
version) (7-30-04) (00071003).WPD/kg
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 Exhibit "A".
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 ofearthen fill or other materials for necessary lateral support,the channelization ofexisting
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 full and exclusive right
to control 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 GRANTOR'S
remaining property for the current uses of such property.If it is determined by GRANTEE that denial
of access for more than 30 minutes is necessary, GRANTEE agrees to give GRANTOR reasonable
notice of such denial of access.
The easement, rights, and privileges herein granted shall automatically terminate upon the
contemplated closing of the above-described real estate transaction or the rendition of a final
judgment in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
1. That by virtue of the granting of permission to the GRANTEE to take temporary possession
of the Property in accordance with this Agreement, GRANTOR does not waive any legal
rights or defenses under the Constitution of the United States,the Constitution and Statutes
of the State of Texas or any other provisions of the law that GRANTOR may have in
connection with the acquisition of any rights to the Property by the GRANTEE under the
right of eminent domain as set out in Cause No. 04-0521-CC2, City of Round Rock, Texas
v. Martin J. Cirkiel, Pamela Cirkiel and Union State Bank(the "Cause"). By entering into
this Agreement, neither party waives any of their legal rights regarding the Cause, including
any right to appeal or otherwise complain of any award by Special Commissioners appointed
in the Cause.
2. That this Right of Entry, Possession, and Construction Easement is irrevocable by
GRANTOR but only valid until thirty (30) business days after the filing of a Special
Commissioners' award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law governing
possession in a statutory eminent domain case.
3. In consideration of the execution of this Right of Entry and Possession, the GRANTEE
agrees that GRANTOR will be allowed a reasonable time,which in any event shall not be less
2.
than ninety(90)days from the Date of this Agreement,to prepare for the hearing before the
Special Commissioners appointed by the Court in the Cause.
4. The date of valuation for purposes of determining the value of the just compensation for the
fee simple and easement rights sought in the Cause shall be the date that this Agreement is
executed by the GRANTEE.
5. This Agreement shall be binding upon the heirs, devises, executors, administrators, legal
representatives, successors and assigns of the parties.
6. The easement,right,and privileges granted herein are exclusive,and GRANTOR covenants
that it will not convey any other easement or conflicting rights 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.
7. The road construction project will include a median cut that will allow right and left turns into
and out of GRANTOR'S remaining property. The said median cut will be constructed
generally as shown on Exhibit `B"attached hereto and incorporated herein.
8. GRANTEE agrees that in the event that the road construction project requires that
GRANTOR'S wastewater service line for the remainder of GRANTOR'S property be moved
and/or replaced that the cost of same shall be borne by GRANTEE.
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 which 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 provisions.
GRANTOR has executed this grant of their own free will,without coercion,harassment, or threat.
Executed this the day of CC , 2004.
T
7
M J. iel
Pamela qirkiel
GRANTEE:
APPWM AS M FORM' CITY OF ROUND ROCK, TEXAS
STEPMAN L.SHEETS,CI1Y ATTORNEY
Nyle Maxwell, Mayor
3.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this thegl9day ofOMV" 2004 by
Martin J. Cirkiel and Pamela Cirkiel, in the capacity and for the purposes stated therein.
CATANKSNotary Pub , State of Texas
e
MY COMMISSION EXPIRES
MAY 29.2W7 Printed Name: CcNb Ta
My Commission Expires: 5 R4'o7
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the_day of , 2004 by
Nyle Maxwell, in the capacity and for the purposes stated therein.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
4.
Martin J.Cirkiel and Pamela Cirkiel
1.20 Acre Right-Of-Way Tract FN 2940(ALG)
P.A.Holder Survey A-297 May 15,2003
Williamson County,Texas SAM,Inc.Job No.23103-20
DESCRIPTION OF A 1.20 ACRE TRACT OF LAND LOCATED IN THE P.A.HOLDER SURVEY,ABSTRACT
NO. 297, WILLIAMSON COUNTY, TEXAS,BEING A PORTION OF LOT 1 BLOCK A OF THE FINAL PLAT
FOR CIRKIEL 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. CIRKIEL AND PAMELA CIRKIEL AS RECORDED IN VOLUME
589,PAGE 291 OF THE DEED RECORDS OF WILLIAMSON COUNTY,TEXAS SAID 1.20 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(varying
width ROW)for the northwest corner of said Lot 1;
THENCE with said south ROW line,same being the north line of said Lot 1,N 79°27' 07"E,a distance of 155.00
feet to a concrete monument set for the northwest corner of the tract described herein and the POINT OF
BEGINNING;
THENCE continuing with said common line N 79°27'07"E,a distance of 57.45 feet to a 1-inch iron pipe found for
the northeast corner of said Lot 1, being the northeast comer of the tract described herein, and being the northwest
comer of a called 6.293 acre tract of land as described in the deed to M & M Equities IV, Inc. as recorded in
Document No. 199963931 of the Official Public Records of Williamson County,Texas,from which a PK nail with a
shiner found in said south ROW line bears N 79°27'07"E,a distance of 517.02 feet;
—I THENCE leaving said ROW line and with the common line of said Lot 1, said 6.293 acre tract and a called 5.631
acre tract of land as described in the deed to M&M Equities IV,Inc.as recorded in Document No. 199963931 of the
:> Official Public Records of Williamson County,Texas,the following four(4)courses and distances:
1. S 02°52' 51"E,a distance of 751.02 feet to a 1/2-inch iron rod found for an angle point,
2. S 12°26'26"W,a distance of 105.31 feet to a 1/2-inch iron rod found for an angle point,
3. S 19°06' 37"W,a distance of 215.06 feet to a 1/2-inch iron rod with a plastic cap set,and
4. S 11°53' 09"W,a distance of 56.97 feet to a 1/2-inch iron rod with a plastic cap set for the southeast comer
of the tract described herein;
THENCE leaving said common line and crossing through the interior of said Lot 1, the following thirteen (13)
courses and distances:
1. with the arc of a curve to the right a distance of 59.07 feet, through a central angle of 72° 00'32",having a
radius of 47.00 feet, and whose chord bears N 36° 55' 53" W, a distance of 55.26 feet to a concrete
monument set for a point of compound curvature,
2. with the arc of a curve to the right a distance of 149.48 feet,through a central angle of 10° 18'28",having a
radius of 830.90 feet, and whose chord bears N 04° 13' 37" E, a distance of 149.28 feet to a concrete
monument set for a point of compound curvature,
3. with the arc of a curve to the right a distance of 48.62 feet,through a central angle of 59° 16' 05", having a
radius of 47.00 feet, and whose chord bears N 39° 00' 53" E, a distance of 46.48 feet to a concrete
monument set for a point of tangency,
EEXHIBIT
Pagel of 3
Martin J.Cirkiel and Pamela Cirkiel
1.20 Acre Right-Of-Way Tract FN 2940(ALG)
P.A.Holder Survey A-297 May 15,2003
Williamson County,Texas SAM,Inc.Job No.23103-20
4. N 68°38'56"E,a distance of 24.41 feet to a 1/2-inch iron rod with a plastic cap set,
5. N 08°38' 56"E,a distance of 80.09 feet to a concrete monument set for a point of curvature,
6. with the arc of a curve to the left a distance of 144.30 feet, through a central angle of 12°09' 51",having a
radius of 679.70 feet, and whose chord bears N 02° 34' 00" E, a distance of 144.03 feet to a concrete
monument set for a point of tangency,
7. N 03°30'55"W,a distance of 251.23 feet to a concrete monument set for a point of curvature,
8. with the arc of a curve to the right a distance of 139.37 feet,through a central angle of 08°00'04",having a
radius of 998.00 feet, and whose chord bears N 00° 29' 07" E, a distance of 139.25 feet to a concrete
monument set for a point of tangency,
9. S 85°30' 51"E,a distance of 10.00 feet to a concrete monument set for a point of curvature,
10. with the arc of a curve to the right a distance of 51.80 feet,through a central angle of 03°00' 14",having a
radius of 988.00 feet, and whose chord bears N 05° 59' 16" E, a distance of 51.79 feet to a concrete
monument set for a point of reverse curvature,
11. with the arc of a curve to the left a distance of 176.11 feet, through a central angle of 14°34' 53",having a
radius of 692.00 feet, and whose chord bears N 001 11' 56" E, a distance of 175.64 feet to a concrete
-i monument set for point of
� P compound curvature,
O 12. with the arc of a curve to the left a distance of 10.56 feet, through a central angle of 12° 36' 18", having a
radius of 48.00 feet, and whose chord bears N 13° 23' 39" W, a distance of 10.54 feet to a concrete
O monument set for a point of tangency,and
13. N 690 47' 34" W, a distance of 39.43 feet to the POINT OF BEGINNING and containing 1.20 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 8h day of September 2003 A.D.
SURVEYING AND MAPPING,Inc.
5508 West Highway 290,Building B - C
C.M. Solomon
Austin,Texas 78735 0F T
Registered Professional Land So
No. 5734-State of Texas G:). o•
...............................
C.
..........M. SOLOMON
......................
Page 2 of < 9 5734 e:�Q
��,••°FEss,o? O
LINE TABLE
"L5NO8*
EARING G {NCE P. A . HOLDER SURVEY A -297
°27'07"E 57.45'
°26'26"W 105.31'
53'09"W 56.97'
°38'56"E 24.41'
38'56"E 80.09' N
°30'51"E 10.00'
L7 I N69°47'34"W 39.43'
01.72°00'32" A-10°18'28" H�GHW AY 7 9
R-47.00' R-830.90' U.S. -A
L-59.07T-34. 5'' L•149.48' 2
P.O.B.BN79•�7 ' � p 100 200
T-7N040 E �
CB-N36°55'53"W CB-N04°13'37"E N79'5.00' IPF
2707 • --- SEPTEMBER 2003
C-55.26' C-149.28' 15 �"
P.A.HOLDER SURVEY A-297
P.O.C. SEE 1 WILLIAMSON COUNTY, TEXAS
3"IPF DETAIL 'B' ` SCALE 1"-200'
C4 I I.
A-12°09'51" L) 11 M & M EQUITIES IV, INC.
59°16'05" R-679.70' CALLED 6.293 ACRES
R-47.00' L-144.30' DOC. NO. 199963931
L-48.62' T-72.42'
CB-N020 34'00"E O.P.R.W.C.TX.
T-26.74' C-144.03' iv
CB-N39°00'53"E SEE O I DETAIL 'A' DETAIL '8'
C-46.48' I DETAIL 'A
LOT 1 BLOCK A u I
C5 FINAL PLAT FOR I W
A-080 00'04" CIRKIEL COMMONS - L6
R 139 3 1 CAB. P, SL. 230 civ
T-69.80' P.R.W.C.TX. I 3 N a In ' r,
CB-NOO°29'07"E �- w o I ' v
C-139.25' ,nM U In
MARTIN J. CIRKIEL ANDI oma! Q ' ,NOT T SCALE NOT TO SCALE
i o 03°00'14" PAMELA CIRKIEL M N o
R-988.00' CALLED 5.84 ACRES o N
L-51.80' VOL. 589, PG. 291 Z M & M EQUITIES IV, INC.
T-25.90' D.R.W.C.TX. CALLED 5.631 ACRES
C N0959'ts"E
5 ' I DOC. NO. 1999963931 /
O.P.R.W.C.TX. /
C7 C8
A-140 34'53" A•12°36'18" • / / /
R-692.00' L-10.5 '
L-176.11' L•10.56' �
T-88.53' T-5.30'
CB-N00°11'56"E CB-N13°23'39"W L4 •
O 1
C-175.64' C-10.54' ��yaP� /
/ �o o /PG�FG -1)/
16
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83
CENTRAL ZONE AND ADJUSTED TO SURFACE USINGA SURFACE ADJUSTMENT ' /F 1.00012. AS LEGEND
PROVIDED B DOUG ANDERSON,RPLS,SURVCON,INC.
PK NAL W/S►eNER FOUND
DETAILS ARE NOT DRAWN TO SCALE. 1 O r RON PIPE FOUND UNLESS NOTED
OF J O ��/2-RON ROD WITH A PLASTIC CAP SET
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE �?.��t=T E.9 OO CONCRETE MONUWNT SET
GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO \ Q:,yN CALCULATED PONT
THE BEST OF MY KNOWLEDGE AND BELIEF. • 'RE Roo FOUND wi CAP UNLESS NOTED
C. M. SOLOMON. ' T RECORRDD INFORMATION
P.09. POINT OF BECNMNO
• P.O.C. PONT OF COMMENCMO
/� �- _ •< 9 5734 P:Q +W RON ROD FOUND
'� PF IRON PIPE FOUND
C.M.SOLOMON �'PE s S t 0..:O o P R W.C.T•.OFFICIAL PUBLIC RECORDS WILLIAMSON
REGISTERED PROFESSIONAL LAND SURVEYOR DATE AL •-......... G"L COUNTY,TEXAS
J v O.RW.C.T,. OFFICIAIRECORDS WILLWISON COUNTY,TEXAS
NO.5734,STATE OF TEXAS PAW.C.T- PLAT RECORDS WILLIAMSON COUNTY.TEXAS
DAW.C.T- DEED RECORDS WILLIAAMN COUNTY.TEXAS
® RIGHT-OF-WAY PLAT
5508 West Highway 290,guildng 8 SHOWING PROPERTY PAGE 3 OF 3
Austin,Taxes 78735 0 F
SURVEYING•AERIALMAPPING•ENGINEEflING Fax: (12)325 MARTIN J. CIRKIEL AND NOTEFNOD2940
Fax: (512)32G-3029
PAMELA CIRKIEL
DATE: August 6, 2004
SUBJECT: City Council Meeting - August 12, 2004
ITEM: 13.G.1. Consider a resolution authorizing the Mayor to execute a Right of
Entry, Possession and Construction Easement with Martin J. Cirkiel
and Pamela Cirkiel for the A.W. Grimes Roadway Project.
Department• Legal
Staff Person: Steve Sheets, City Attorney
Justification:
Improvement to traffic mobility in Round Rock.
Funding: Transportation Capital Improvement Project
Cost: $235,479.00 (agreement amount is equal to CORR's appraised value)
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Background Information• N/A
Public Comment• N/A
RECORDED
DOCUMENT
FOLLOWS
illlllllilllllllllllllllllllllilllllllllllllllllllllllllllll ESMT 2004067838
a PGS
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
EASEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS,MARTIN J.CIRKIEL AND PAMELA CIRKIEL,ofthe 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 Exhibit "A", which is attached hereto and made a part hereof; and
WHEREAS, THE 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 Exhibit "A", 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. ("Project").
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment of the amount of Two Hundred Thirty Five Thousand
Four Hundred Seventy Nine and 00/100 Dollars($235,479.00),the payment of which is contingent
upon the completed execution and delivery of a partial release of lien by Union State Bank with
respect to the property described herein,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, with the right of exclusive
possession over, upon, and across those tracts of land described in Exhibit "A".
It is expressly agreed, acknowledged, and understood that the consideration paid hereunder
shall be credited against,applied towards,and offset from any consideration to be paid in satisfaction
of an agreed purchase price under a contract and conveyance or in satisfaction of the award of the
special commissioners or subsequent judgment in any condemnation proceeding for the acquisition
of the property described in Exhibit "A".
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 closing of
the contemplated real estate transaction or the acquisition of title or easement interest through
condemnation, and proceeding with surveying, site review and analysis, utility relocation, actual
construction of the 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,
2-0q_0g-/a-/30I
C:\Documents and Settings\admin\Local Settings\Temporary Internet Files\Content.IE5\8967OXA7\CIRKIEL--Poss Use Agreement (clean
version) (7-30-04) (00071003).WPD/kg
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 Exhibit "A".
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 ofearthen 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 full and exclusive right
to control 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 GRANTOR'S
remaining property for the current uses of such property.If it is determined by GRANTEE that denial
of access for more than 30 minutes is necessary, GRANTEE agrees to give GRANTOR reasonable
notice of such denial of access.
The easement, rights, and privileges herein granted shall automatically terminate upon the
contemplated closing of the above-described real estate transaction or the rendition of a final
judgment in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
1. That by virtue of the granting of permission to the GRANTEE to take temporary possession
of the Property in accordance with this Agreement, GRANTOR does not waive any legal
rights or defenses under the Constitution of the United States,the Constitution and Statutes
of the State of Texas or any other provisions of the law that GRANTOR may have in
connection with the acquisition of any rights to the Property by the GRANTEE under the
right of eminent domain as set out in Cause No. 04-0521-CC2, City of Round Rock, Texas
v. Martin J. Cirkiel, Pamela Cirkiel and Union State Bank(the "Cause"). By entering into
this Agreement, neither party waives any of their legal rights regarding the Cause, including
any right to appeal or otherwise complain of any award by Special Commissioners appointed
in the Cause.
2. That this Right of Entry, Possession, and Construction Easement is irrevocable by
GRANTOR but only valid until thirty (30) business days after the filing of a Special
Commissioners' award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law governing
possession in a statutory eminent domain case.
3. In consideration of the execution of this Right of Entry and Possession, the GRANTEE
agrees that GRANTOR will be allowed a reasonable time,which in any event shall not be less
2.
than ninety(90)days from the Date of this Agreement,to prepare for the hearing before the
Special Commissioners appointed by the Court in the Cause.
4. The date of valuation for purposes of determining the value of the just compensation for the
fee simple and easement rights sought in the Cause shall be the date that this Agreement is
executed by the GRANTEE.
5. This Agreement shall be binding upon the heirs, devises, executors, administrators, legal
representatives, successors and assigns of the parties.
6. The easement,right,and privileges granted herein are exclusive, and GRANTOR covenants
that it will not convey any other easement or conflicting rights 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.
7. The road construction project will include a median cut that will allow right and left turns into
and out of GRANTOR'S remaining property. The said median cut will be constructed
generally as shown on Exhibit "B" attached hereto and incorporated herein.
8. GRANTEE agrees that in the event that the road construction project requires that
GRANTOR'S wastewater service line for the remainder of GRANTOR'S property be moved
and/or replaced that the cost of same shall be borne by GRANTEE.
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 which 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 provisions.
GRANTOR has executed this grant of their own free will, without coercion, harassment, or threat.
-r t 1\'
Executed this the A- day of t , 2004.
1� NT
M J. iel
Pamela qirkiel
GRANTEE:
ClAPPMASTOW OFO RO
.
� J
�.SWEETS,CITY ATTORNEY
e ax ayor
3.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the,619day of , 2004 by
Martin J. Cirkiel and Pamela Cirkiel, in the capacity and for the purposes stated therein.
AROLYCCOMMIS TANKSIRE Notary Pub c, State of Texas
•; MYC
COMMISSION EXPIRES
MAY 29,2007 Printed Name: C-00Tagksley
My Commission Expires: 51,A4 07
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the Ja day of , 2004 by
Nyle Maxwell, in the capacity and for the purposes stated therein.
,''iii"•
CHRISTINE R.MARTINEZ Not Public State of Texas
MY COMMISSION EXPIRES
E Q;;E+�,
August 28,2oos Printed Name: 1 iA) IP lye g47'/A)EZ
My Commission Expires:--L 8-06
4.
Martin J. Cirkiel and Pamela Cirkiel FN 2940(ALG)
1.20 Acre Right-Of-Way Tract May 15,2003
P.A.Holder Survey A-297 SAM,Inc.Job No.23103-20
Williamson County,Texas
DESCRIPTION OF A 1.20 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY,ABSTRACT
NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 BLOCK A OF THE FINAL PLAT
FOR CIRKIEL 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. CIRKIEL AND PAMELA CIRKIEL AS RECORDED IN VOLUME
589,PAGE 291 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 1.20 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 (varying
width ROW)for the northwest comer of said Lot 1;
THENCE with said south ROW line, same being the north line of said Lot 1, N 79°27' 07"E, a distance of 155.00
feet to a concrete monument set for the northwest corner of the tract described herein and the POINT OF
BEGINNING;
THENCE continuing with said common line N 79°27'07"E,a distance of 57.45 feet to a 1-inch iron pipe found for
the northeast corner of said Lot 1, being the northeast corner of the tract described herein, and being the northwest
comer of a called 6.293 acre tract of land as described in the deed to M & M Equities IV, Inc. as recorded in
Document No. 199963931 of the Official Public Records of Williamson County, Texas, from which a PK nail with a
shiner found in said south ROW line bears N 79°27'07"E,a distance of 517.02 feet;
O
T-q THENCE leaving said ROW line and with the common line of said Lot 1, said 6.293 acre tract and a called 5.631
acre tract of land as described in the deed to M&M Equities IV,Inc. as recorded in Document No. 199963931 of the
O Official Public Records of Williamson County,Texas,the following four(4)courses and distances:
1. S 02°52' 51"E,a distance of 751.02 feet to a 1/2-inch iron rod found for an angle point,
2. S 12°26' 26"W,a distance of 105.31 feet to a 1/2-inch iron rod found for an angle point,
3. S 19°06'37"W,a distance of 215.06 feet to a 1/2-inch iron rod with a plastic cap set,and
4. S 11°53' 09"W,a distance of 56.97 feet to a 1/2-inch iron rod with a plastic cap set for the southeast corner
of the tract described herein;
THENCE leaving said common line and crossing through the interior of said Lot 1, the following thirteen (13)
courses and distances:
1. with the arc of a curve to the right a distance of 59.07 feet, through a central angle of 72° 00'32", having a
radius of 47.00 feet, and whose chord bears N 360 55' 53" W, a distance of 55.26 feet to a concrete
monument set for a point of compound curvature,
2. with the arc of a curve to the right a distance of 149.48 feet,through a central angle of 10° 18'28",having a
radius of 830.90 feet, and whose chord bears N 04° 13' 37" E, a distance of 149.28 feet to a concrete
monument set for a point of compound curvature,
3. with the arc of a curve to the right a distance of 48.62 feet, through a central angle of 59° 16' 05", having a
radius of 47.00 feet, and whose chord bears N 39° 00' 53" E, a distance of 46.48 feet to a concrete
monument set for a point of tangency,
Pagel of 3
Martin J. Cirkiel and Pamela Cirkiel FN 2940(ALG)
1.20 Acre Right-Of-Way Tract May 15,2003
P.A.Holder Survey A-297 SAM,Inc.Job No.23103-20
Williamson County,Texas
4. N 68°38' 56"E,a distance of 24.41 feet to a 1/2-inch iron rod with a plastic cap set,
5. N 08°38' 56"E,a distance of 80.09 feet to a concrete monument set for a point of curvature,
6. with the arc of a curve to the left a distance of 144.30 feet, through a central angle of 12° 09' 51", having a
radius of 679.70 feet, and whose chord bears N 02° 34' 00" E, a distance of 144.03 feet to a concrete
monument set for a point of tangency,
7. N 03°30' 55"W,a distance of 251.23 feet to a concrete monument set for a point of curvature,
8. with the arc of a curve to the right a distance of 139.37 feet,through a central angle of 08°00' 04",having a
radius of 998.00 feet, and whose chord bears N 00° 29' 07" E, a distance of 139.25 feet to a concrete
monument set for a point of tangency,
9. S 85°30' 51"E,a distance of 10.00 feet to a concrete monument set for a point of curvature,
10. with the arc of a curve to the right a distance of 51.80 feet, through a central angle of 03° 00' 14",having a
radius of 988.00 feet, and whose chord bears N 05° 59' 16" E, a distance of 51.79 feet to a concrete
�1 monument set for a point of reverse curvature,
11. with the arc of a curve to the left a distance of 176.11 feet, through a central angle of 14°34' 53",having a
radius of 692.00 feet, and whose chord bears N 001 11' 56" E, a distance of 175.64
e--q monument set for a point of compound curvature, feet to a concrete
O 12. with the arc of a curve to the left a distance of 10.56 feet, through a central angle of 12° 36' 18", having a
radius of 48.00 feet, and whose chord bears N 13° 23' 39" W, a distance of 10.54 feet to a concrete
O monument set for a point of tangency,and
13. N 690 47' 34" W, a distance of 39.43 feet to the POINT OF BEGINNING and containing 1.20 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 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 8'h day of September 2003 A.D.
SURVEYING AND MAPPING,Inc.
5508 West Highway 290,Building B C.M. Solomon
Austin,Texas 78735 (E•,�F
, T
Registered Professional Land S hyo e 9 F/
No. 5734-State of Texas
..................
C. M. SOLOMON
Pa 2 '•9 5734
Page of 3
g y . o�F s s`o? O
LINE TABLE
a
BEARING G ANCE p. A . HOLDER S u R V E Y A -297
N79°27'07"E 57.45'
S12°26'26"W 10531'
S11°53'09"W 56.97'
N68°38'56"E 24.41'N08°38'56 'E 80.09' N
S85°30'51"E 10.00'
N69°47'34"W 39.43'
A-72°00'32" 0210°18'28" c . HIGH% AY 7 9
R-47.00' R-830.90' U-S.
��
T-34.05' L-149.48' pOB N79.07'•E, 2�.0 0 100 200
T-74.94'
CB-N360 55'53"W CB-N04°13'37"E N7955 00� E •� IPF SEPTEMBER 2003
C-55.26' C-149.28' P.A.HOLDER SURVEY A-297
-0P.O.C. SEE WILLIAMSON COUNTY TEXAS
_ 13"IPF DETAIL 'B' ` SCALE 1"-200'
C4 I �.
C3 0.12°09'51' " M & M EQUITIES IV, INC.
0.59°16'05" R-6 4.309.70'
L- CALLED 6.293 ACRES
T-772.422.42'''
R-47.00' DOC. NO. 199963931
L-48.62'
CB-N020 34'00"E to O.P.R.W.C.TX.
T-26.74' C-144.03'
CB-N39°00'53"E SEE p I DETAIL 'A' DETAIL 'B'
C-46.48' I DETAIL 'A
LOT 1 BLOCK A
C5 FINAL PLAT FOR
A-08°00'04" CIRKIEL COMMONS Ls
R-998.001
-1399 3 7 CAB. P, SL. 230 N /�
T-69.80' P.R.W.C.TX. I 3 v>
CB-N00°29'07"E w c"!
C-139.25' to;� v N
MARTIN J. CIRKIEL ANDI oN a /NOT T SCALE NOT TO SCALE
"1 0 03°00'14" PAMELA CIRKIEL Mto o /
I. R-988.00' CALLED 5.84 ACRES o N
L-51.80' VOL. 589, PG. 291 Z r M & M EQUITIES IV, INC.
T-25.90' D.R.W.C.TX. CALLED 5.631 ACRES
ra C-51.79'0
5110790 59' 16"E I DOC. N0. 1999963931 /
O.P.R.W.C.TX. /
D C7 C8
rJ 0.14°34'53" A-12°36'18" • J / / /
R-692.00' R-10.56'
L-176.11' L-10.56' �
T-88.53' T-5.30' /
CB-N00°11'56"E CB-N13°23'39"W L4 • / �O yl / NN
S
C-175.64' C-10.54' '
o�
co
(400
NOTES: l U �c�5P.T1 / Tf
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING / c, LEGEND
PROVIDED BYA SURFACE DOUG ANDERSON,RJUSTMENT FACTORPLS,SURVCON,INC.
/F 1.00012.AS
A PK NAL W/SHINER FOUND
DETAILS ARE NOT DRAWN TO SCALE. I @ I"RON PIPE FOUND UNLESS NOTED
OFT O %:"RON ROD WITH A PLASTIC CAP SET
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE ,`P.:C,�s TFq F� OO CONCRETE MONUMENT SET
GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO ;•?` F%*. 0 CALCULATED PONT
THE BEST OF MY KNOWLEDGE AND BELIEF. .... °SN 0 'Yi'IRON ROD FOUND W/ CAP UNLESS NOTED
.C�M•SOLOMON•• U RECORD INFORMATION
J .. ...... P.0.8. PONT OF COMMENCING
/(���(f •••••••••••••••••••••• P.O.C. PONT OF COMMENCING
r 9 5734 P:Q OF RON ROD FOUND
(' �'. pF p��O PF RON PIPE FOUND
C.M. SOLOMON DATE �iO•..F 3 S , O.P.R.W.0 T..OFFICIAL PUBLIC RECORDS WILLwrsON
REGISTERED PROFESSIONAL LAND SURVEYOR `1! COUNTY,TEXAS
S Rvv O.R.W.C-T,. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS
NO. 5734, STATE OF TEXAS T` PJLW.C.T.. PLAT RECORDS WILLUWSON COUNTY,TEXAS
DAW.C.T.. DEED RECORDS WILLIMIISON COUNTY.TEXAS
6508® RIGHT-OF-WAY PLAT
SAM ,N� Au SdnyTeezaS19M7g 'Building B SHOWING PROPERTY PAGE 3 OF 3
SURVEYING•AEflIAL MAPPING•ENGINEEAING (512)447-0575 O P E R T Y O F REF. FIELD
Fax: (512)326-3029 MARTIN J. CIRKIEL AND NOTE NO. 2940
PAMELA CIRKIEL
x
IIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlI PAR 2004067837
6 PGS
PARTIAL RELEASE OF LIEN
Date: August-L 2004
Holder of Note and Lien: Union State Bank, a Texas Bank
Holder's Mailing Address:
Union State Bank
902 E. Palm Valley Boulevard
Round Rock, TX 78664
Williamson County
Note
Date: November 4, 1998
Original principal amount: $425,000
Borrower: Martin J. Cirkiel and Pam Cirkiel, husband and wife
Lender: Union State Bank, a Texas Bank
Note and Lien Are Described in the Following Documents: In the property records of Williamson
County under#9870864 of the Real Property Records Of Williamson County
Property (including any improvements) to Be Released from Lien ("Property"):
DESCRIPTION of a 1.20 Acre Tract Of Land Located In The P.A. Holder Survey,
Abstract#297,Williamson County,Texas,Being A Portion Of LOT 1 BLOCK A Of
The Final Plat For Cirkiel Commons, A Subdivision Of Record In Cabinet P, Slide
230 Of The Plat Records Of Williamson County, Same Being A Called 5.84 Acre
Tract OF Land Described In The Deed to Martin J. Cirkiel and Pamela. Cirkiel As
Recorded In Volume 589, Page 291 Of The Deed Records Of Williamson County;
Said 1.20 Acre Tract Of Land As Shown On The Accompanying Sketch, Exhibit A,
And Being More Appropriately Described By Metes And Bounds As Described In
Attachment B.
For value received, Holder of Note and Lien releases only the Property from the Lien and
from all liens held by Holder of Note and Lien, without regard to how they were created or
evidenced.
When the context requires, singular nouns and pronouns include the plural.
Union State Bank
BY:
Dale M. Alley, Re esentative
1
STATE OF TEXAS )
COUNTY OF WILLIAMSON )
Before me, , on this day personally appeared Dale M. Alley, Representative of Union State
Bank, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that Dale M.Alley executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this day of 2004.
n
Notary Public, State of Te;�V
rR ��
PREPARED IN THE OFFICE OF °r'—'`� SHIRLEY A.JACKSON
AND RETURN TO: s Notary P" �T°m
s �ycE
NOVSuIBER 30,2004
F tom=
M
Martin J. Cirkiel, Esq.
Cirkiel&Associates, PC
1901 E. Palm Valley Blvd.
Round Rock, Texas 78664
Tel: (512)244-6658
Fax: (512) 244-6014
2
Martin J.Cirldel and Pamela Cirldel
1.20 Acre Right-Of-Way Tract IN 2940(ALG)
PA.Holder Survey A-297 May 15,2003
Williamson County,Texas SAM,Inc.Job No.23103-20
DESCRIPTION OFA 1.20 ACRE TRACT OF LAND
N0.297, LOCATED IN THE P.A.HOLDER SURVEY,ABSTRACT
WILLIAMSON COUNTY,TEXAS,BEING A PORTION OF LOT 1 BLOCK A OF THE FINAL PLAT
FOR CHZML 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 1 OF THE DEED
THE DEED MARTIN J.
589,PAGE 291 CMML AND PAMELA CIRKIEL AS RECORDED IN VOLUME
RECORDS OF WILLIAMSON COUNTY,TEXAS SAID 120 ACRE TRACT OF
LAND AS SHOWN ON THE ACCOMPANYING
BY METES AND BOUNDS AS FOLLOWS: SKETCH AND BEING MORE PARTICULARLY DESCRIBED
COMN)ENCING at a 3-inch iron pipe found in the south Right-Of--Way(ROW)line of U.S.Highway 79 (varying
width ROW)for the northwest corner of said Lot 1;
THENCE with said south ROW line,same being the north line of said Lot 1,N 79°27'07"E,a distance of 155.00
feet to a concrete monument set for the northwest corner of the
BEGINNING; tract described herein and the POINT OF
THENCE continuing with said common line N 7T 27'07"E,a distance of 57.45 feet to a 1-inch iron pipe found for
the northeast corner of said Lot 1,being the northeast corner of the tract described herein, and being the northwest
corner of a called 6.293 acre tract of land as described in the deed to M & M Equities IV, Inc. as recorded in
Document No. 199963931 of the Official Public Records of Williamson Cour Te
shiner found in said south ROW line bears N 790 27'07" �'� �from which a PK nail with a
E,a distance of 517.02 feet;
THENCE leaving said ROW line and with the common line of said Lot 1,said 6.293 acre tract and a called 5.631
acre tract of land as described in the deed to M&M Equities IV,Inc,as recorded in Document No. 199963931 of the
Official Public Records of Williamson County,Texas,the following four(4)courses and distances:
L S 02°52'51"E,a distance of 751.02 feet to a 1/2-inch iron rod found for an angle point,
2. S 12°26'26"W,a distance of 10531 feet to a 1/2-inch iron rod found for an angle point,
3. S 19°06'3T'W,a distance of 215.06 feet to a 1/2-inch iron rod with a plastic cap set,and
4. S 11°53'09"W,a distance of 56.97 feet to a 1/2-inch iron rod with a plastic cap set for the southeast comer
of the tract described herein;
THENCE leaving said common line
courses and distances: and crossing through the interior of said Lot 1, the following thirteen (13)
1. with the arc of a curve to the right a distance of 59.07 feet, through a central angle of 72°00'32",having a
radius of 47.00 feet, and whose chord bears N 360 55o a concrete
monument set for a point of compound curvature, ' 53" W, a distance of 55.26 feet t
2. with the arc of a curve to the right a distance of 149.48 feet,through a central angle of 10° 18'28",having a
radius of 830.90 feet, and whose chord bears N 040 13' 37" E. a distance of 149.28 feet to a concrete
monument set for a point of compound curvature,
3. with the arc of a curve to the right a distance of 48.62 feet,through a central angle of 590 16' 05",having a
radius of 47.00 feet, and whose chord bears N 390 00' 53" E, a distance of 46.48 feet to a concrete
monument set for a point of tangency,
Pagel of 3
Martin J.Cirkiel and Pamela Cirkiel
1.20 Acre Right-Of-Way Tract FN 2940(ALG)
P.A.Holder Survey A-297 May 15,2003
Williamson County,Texas SAM,Inc.Job No.23103-20
4• N 680 38'56".E,a distance of 24.41 feet to a 1/2-inch iron rod with a plastic cap set,
5. N 080 38'56"E,a distance of 80.09 feet to a concrete monument set for a point of curvature,
6- with the arc of a curve to the left a distance of 144.30 fee
radius of 679.70 feet, and whose chord be ° �'00"ough a central angle of 12°09'51",having a
monument set for a ars N 02 34 00 E, a distance of 144.03 feet to a concrete
point of tangency,
7. N 030 30'55"W,a distance of 251.23 feet to a concrete monument set for a point of curvature,
8, with the arc of a curve to the
right a distance s 139.37 feet,through a central angle of 08°00'04" having
radius-of 998.00 feet, and whose chord bears N 00° 29' 07" E, a distance of 139.25 feet to a concrete
monument set fora e
point of tangency,
9. S 85°30'51"E,a distance of 10.00 feet to a concrete monument set for a point of curvature
10. with the arc of a curve to the right a distance of 51.80 fee '
radius of 988.00 feet, and whose chord bears N 05° 59't rug a central angle of 03°00' 14",having a
monument set for a point of reverse curvature distance of 51.79 feet to a concrete
11- with the arc of a curve to the left a distance of 176.11 feet, a ° , „
4 radius of 692.00 feet; and whose chord bears N 00° 11' S�gh central angle of 14 34 53 ,having a
monument set for a point of compound curvaturea distance of 175.64 feet to a concrete
i
12. with the arc of a curve to the left a
radius of 48.00 feet, and whose chord ance of 10.56 feet,through a central angle of 120 36' 18",having a
monument set for a bears N 13 23 39 W, a distance of 10.54 feet to a concrete
point of tangency,and
13. la 690 47' 34"W, a distance of 39.43 feet to the POIlVT OF BEGINNING and containing 1.20 acres
land,more or less. of
Bearnig Basis: Bearings are based on the Texas State Plane Coordinate System,to surface using a surface adjustment factor of 1.00012. As provided by Doug Ara A�Do 83Rp�tral Zone
and adjusted
THE STATE OF TEXAS q ,Survcoq Inc.
COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS:
That I, C. M. Solomoq a Registered Professional
description at true and correct to the best Registered
m Land Surveyor, do hereby
determined b a Y knowledge and belief and that the Y certify that the above
Y survey made on the ground during December 2000. pf OXY d �herein
WITNESS My HAND AND SEAL at Austin,Travis County,Texas this the 8'h day of September eP 2003 A.D.
SURVEYING AND MAPPING,Inc.
5508 West Highway 290,Building B
Austin,Texas 78735 C.M.Solomon ��—
,�E.OF
Registered Professional Land g�•o1�s r Fq F..t
No.5734-State of Texas oj:-Q
o;N
Page 2 of 3 -5�.34»OMON
� o aP•'Q
ss�o O
LINE TABLE
LINE N0. I BEARING DISTANCE P.A. HOLDER SURVEY A-297
Lt N79'27'07"E 57.45'
L2 S12.26'26"W 105.31'
L3 S11.53'09"W 56.97'
L4 N68"38'56"E 24.41' N
L5 NOW 38'56"E 80.09'
L6 I S85.30'51"E 1 10.00'
L7 I N69*47'34"W 1 39.43' 1 cl v
A-72.00'32" A- 10.18'28"
U.S•
L7, L44 , H1G W A 1
I �.t.oI
-59.0 -198' _20 .
T-34.15' T-74.94'
CB-N36.55'53"W C8-N04.13'37"E Mgt o$� P SEPTEMBER 2003
C-55.26' C-149.28' .-Q P.A HOLDER SURVEY A-297
s �� I3 p� SEE7 j2� WILLWSCAL COUNTY,TEXAS
DETAIL 13' la ` SCALE 1•'-200'
I n
A-12*09'51" " 1 M & M EQUITIES IV. INC.
C3 R-679.70' CALLED 6.293 ACRES
A-59016'05" L-144,30•CB-N02.34'00"E �gr�c,-3 DOC. NO. 199963931
L-48.62' N0
R-47.00' 2' O.P.R.W.C.TX.
t
T-26.74' C-144.03' cv
C-46.48'B00'53"E DSEEETAIL DETAIL •a' DETAIL •e•
I
LOT 18LOCK A
C5 FINAL PLAT FOR I U W Ls C
e-08.00.04" CIRKIEL COMMONS ,
L-19.39 00' CAB. P. SL. 230 I
T-69.80' P.R.W.C.TX. ` 3 w • j J
CB-N0o•
29'07"E
C-139.25' b,ci U N
I _ T SCALE NOT TO SCALEMARTIN J. CIRKIEL AND �
0e3.00'14" PAMELA CIRKIELN
7
R 988.00' CALLED 5.84 ACRES z I M & M EQUITIES IV INC.
L-51.80' VOL. 589. PG. 291 I
T-25.90' D.R.W.C.TX: ES
CALLED 5.631 ACR
CB-N05'59'16"E ` �' I DOC. NO. 1999963931 /
C-51.79' O.P.R.W.C.TX. /
v I
14.34'53" D 12.36'18"
R-692.00' R-48.00'
L-176.11' L-10.56'
T-88.53' T-5.30' / L I / / 0O A
CB-N00.11'56"E CB-N13.23'39"W 0,4t-
1 V�
C-175.64' C-10.54' 3 / Q. -
NOTES: IC-75R, t&
� �/� ��W/ � � m�
BEARINGS AND COORDINATES ARE BASED ON THE
`10
TEXAS STATE PLANE COORDINATE SYSTEM.NAD 83.
CENTRAL ZONE AND ADJUSTED TO SURFACE USING / K+' \`� LEGEND
A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS ��\i�c w�MSR fouw
PROVIDED BY DOUG ANDERSON.RPLS.SURVCON.�. / p r RDN PIPE INER UNLESS NOTED
DETAILS ARE NOT DRAWN TO SCALE. , OF O W IRON ROD WTH A PLASM CAP SET
••••••• F ® CONCRETE UWAOR SET
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE �P� S T FAF f-y CALCULATED PORT
GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO :Q o•; • Ve -IRON ROD FOUND,v CAP UNLESS NOTED BEST OF MY KNOWLEDGE AND BELIEF. .«»»«.«««.«.«.«.»«. .
RECORD INFORMATION
C.M.SOLOMON .� PONT OF Kant ra
/,/ q .....«.» .«.......�..» P:r_ PONT orVa" C01trE7+�11C
/l![ -..:r-s. !- - 3 •�'z 9 5734 � SM Rao rano
.� rtoN PDE roup
°F O O OIJt»C.s..OFFOAL PUDL C RECORDS hSMYSON
,. ESS
C.M.SOLOMON -� couNrr,TEXAS
REGISTERED PROFESSIONAL LAND SURVEYOR DATE Q••SURJ� *".C.T..OFF%3AL RECORDS r�Lw�aN COUNTY TEXAS
►iMr-T.. PLAT RECORDS WILLNYSON COUNTY,TEXAS
NO.5734,STATE OF TEXAS au.C.T� DEED RECORDS r amA ISON COUNTY.TEXAS
RIGHT-OF-WAY PLAT
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REF.FIELD
�" - �Ism MARTIN J. CIRKIEL AND NOTE NO. 2940
PAMELA CIRKIEL
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2004067837
08/27/2004 09:59 AM
ALLEN $24.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
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