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R-04-08-26-13C1 - 8/26/2004 RESOLUTION NO. R-04-08-26-13C1 WHEREAS, the City desires to purchase a 2 . 548 acre tract of land for additional right-of-way for the Highway 79 expansion project, and WHEREAS, Cressman Enterprises, L.P. , 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 Cressman Enterprises, L.P. , 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 . 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 26th day of August, 2 4 . WCXWEff', Mayor Cit of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta y @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40826CI.WPD/Sc REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract') is made by and between CRESSMAN ENTERPRISES,L.P.,A TEXAS LIMITED PARTNERSHIP,(referred to in this Contract as"Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract,Seller sells and agrees to convey,and Purchaser purchases and agrees to pay for, the tract(s)of land described as follows: Fee simple interest in 2.548 acres located in the Prior A.Holder Survey No. 9,Abstract No. 297, in Williamson County, Texas;being a portion of that tract of land described as 15.99 acres in that warranty deed to Marvin Cressman, dated February 10, 1989, recorded in Volume 1755, Page 329, Official Records of Williamson County, Texas, more fully described by metes and bounds in Exhibit"A", attached hereto and incorporated herein; and A waterline easement interest in 0.415 acres located in the Prior A. Holder Survey No. 9, Abstract No. 297, in Williamson County, Texas; being a portion of that tract of land described as 15.99 acres in that warranty deed to Marvin Cressman,dated February 10, 1989,recorded in Volume 1755, Page 329, Official Records of Williamson County,Texas,more fully described by metes and bounds in Exhibit`B", attached hereto and incorporated herein. 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, 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 FIVE HUNDRED SEVENTY ONE THOUSAND EIGHT HUNDRED FORTY FOUR and no/100 Dollars ($571,844.00). @PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/TRANSPRT/HWY79/C s EXHIBIT "All Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obli atg ions 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. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense,shall have 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 promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or 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 VII. Survey 3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause 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 contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller notice of this fact.Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so prior to the closing 2 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 VII. 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; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof, (3)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 October 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: 3 (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: (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 ofTexas 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. 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 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. 4 Closing Costs 5.05.All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters,if any,paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI 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 timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason,except Purchaser's default,Purchaser may: (1)enforce specific performance of this Contract; or (2)request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property,the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit 5 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. ARTICLE IX MISCELLANEOUS Notice 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail,postage prepaid,certified mail,return receipt requested, addressed to Seller or Purchaser,as the case may be,at the address set forth opposite the signature of the party. Texas Law to Apply 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 9.04.In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 9.05.This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 6 Time of Essence 9.06. Time is of the essence in this Contract. 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 Round Rock City Council,which date is indicated beneath the Mayor's signature below. Possession and Use Agreement 9.11 By signing this Contract,Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a public road and related facilities, upon full execution of this contract. 7 SELLER: CRESSMAN ENTERPRISES, L.P., A TEXAS LIMITED PARTNERSHIP By. Its: PURCHASER: CITY OF ROUND ROCK By: Nyle Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 8 Page 1 of 4 County: Williamson EXHIBIT Highway: U.S. 79 Limits: From: West of FM-1460 's To: East of FM-1460 CSJ No: 0204-01-055 Account No: 8014-2-29 PROPERTY DESCRIPTION FOR PARCEL 9 DESCRIPTION OF 2.548 ACRES OF LAND,LOCATED IN THE PRIORA.HOLDER SURVEY NO.9,ABSTRACT NO.297, IN WILLIAMSON COUNTY,TEXAS; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS 15.99 ACRES IN THAT WARRANTY DEED TO MARVIN CRESSMAN,DATED FEBRUARY 10,1989,RECORDED IN VOLUME 1755, PAGE 329, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.548-ACRE TRACT OF LAND,AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY PLAT FOR THIS PARCEL,BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING.at a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept of Tran",being the intersection of the north line of the proposed right-of-way of U.S.Highway No.79 and the west line of the said 15.99-acre Cressman tract, being the east line of that tract of land described as 214/5 acres, referred to as Item 1 in that deed to Palm Valley Evangelical Lutheran Church, dated February 18, 1936, recorded in Volume 277, Page 473 of the Deed Records of Williamson County,Texas,and being 64.00 feet left of proposed survey baseline station 198+32.72,and also being the northwest comer of the herein described 2.548-acre tract,from which a Point for Reference,being a 1/2-inch iron rod found at the northwest comer of the said 15.99-acre Cressman tract,being the northeast comer of the said 21 4/5-acre Palm Valley Church tract, bears N01°55'30"W,a distance of 769.50 feet; THENCE leaving the said west line of the 15.99-acre Cressman tract and east line of the 21 4/5-acre Palm Valley Church tract,with the said north line of the proposed right-of-way of U.S.Highway No.79,over and across the said 15.99-acre Cressman tract,the following three(3)courses: 1. N64°11'21"E, a distance of 506.82 feet to a Texas Department of Transportation (Tx.D.o.T.) Type 11 Monument set, being 64.00 feet left of proposed survey baseline station 203+39.55; 2. N63°54'22"E, a distance of 225.75 feet to a Tx.D.o.T. Type II Monument set, being 64.00 feet left of proposed survey baseline station 205+65.93 and; 3. N63°37'23"E,a distance of 472.23 feet to a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept of Tran"on the east line of the said 15.99-acre Cressman tract, being the west line of that tract of land described as 3.0 acres in that warranty deed to Aaron Thomison and wife, Brenda Thomison, dated November 30, 1993,recorded in Volume 2422,Page 420,Official Records of Williamson County,Texas, said point being 64.00 feet left of proposed survey baseline station 210+38.16, from which a Point for Reference, being a 1/2-inch iron rod found at the northeast corner of the said 15.99-acre Cressman tract and the northwest comer of the said 3.0-acre Thomison tract, bears N01 054'40"W,a distance of 292.44 feet; 4. THENCE leaving the said north line of the proposed right-of-way of U.S.Highway No.79,with the said east line of the 15.99-acre Cressman tract and west line of the 3.0-acre Thomison tract, S01 054'40"E, a distance of 99.08 feet to a point on the north line of the existing right-of-way of U.S.Highway No.79(100-foot wide),being the southeast corner of the said 15.99-acre Cressman tract, and being the southwest corner of the said 3.0- acre Thomison tract, from which a 1/2-inch iron rod found bears S01°54'40"E,a distance of 0.36 feet; T:\Tech1\TxDOTGeneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-225_P9.ay.doc February 13,2003 Page 2 of 4 County: Williamson Highway: U.S. 79 Limits: From: West of FM-1460 To: East of FM-1460 CSJ No: 0204-01-055 Account No: 8014-2-29 5. THENCE leaving the said east line of the 15.99-acre Cressman tract and west line of the 3.0-acre Thomison tract,with the said north line of the existing right-of-way of U.S. Highway No.79,being the south line of the said 15.99-acre Cressman tract,S6303648"W,a distance of 1207.63 feet to a point on the said east line of the 21 4/5-acre Palm Valley Church tract, being the southwest corner of the said 15.99-acre Cressman tract; 6. THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 15.99-acre Cressman tract,with the said west line of the 15.99-acre Cressman tract and east line of the 214/5- acre Palm Valley Church tract,N01°55'30"W,passing at a distance of 0.14 feet a 1/2-inch iron rod found,in all a total distance of 106.03 feet to the POINT OF BEGINNING and containing 2.548 acres of land,more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, John Strawbridge, 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 is based upon a on the ground survey compiled during October,2001. WITNESS MY HAND AND SEAL at Austin,Travis County,Texar.,this the 13th day of February,2003 A.D. Carter&Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 ••OF••Td6hn Strawbri ge Austin, Texas 78746 `Q:•c,\s T f,p0"� Registered Professional Land Surveyor No.4283-State of Texas JOHN STRAWBRIDGE r*%-p 4283 P•J�• SUR T.\Tech1\TxDOTGeneral\050098 TxDoT US79-RR RoW-Plan\Fnotes\Fn01-225 P9.ay.doe February 13,2003 Page 3 of 4 MATM UK TO IHMT 4 i PT=205+65.93os,dsss3 PROPOSED SURVEY o1s Lt o o B SCT IIS CLIRyF DATA � r7 0 PI Sto 204+5274 N - 10164606.799 E - 3144576.514 0- 0 33'57" R - 22916.31' w w L - 226.39' ' a 1 1 ' T - 113.19' C - 226.39' ! �W J 39� z A GRAPHIC SCALE PT- 205+65.93 - o ` LEGEND x B mD.O.T.TYPE I MONUMENT SET PC=203+39.55 0 1/r MN Roo SET WITH TAAO.T.ALUMINIUM CAP STAMPED 'TEXAS DEPT OF TRAN' " • WN ROD FOUND(1/r, OR AS NOTED) MARVIN CRESSMAN OFFICIAL VOL1755, PG.329, O.R.W.C. O.R.W.C. WIL N� � WARRANTY DEED: FEB. 10, 1989 _ D.R.w.C. DEED REaotms of 15.99 AC. "" 0NY'TEXAS 3* TX.D.O.T. TEXAS DEPARTMENT OF TRANSPORTATION Ot R O.W. R1GNi—OF—rMY z * I S727O W COURSES t STATIONS ^. 123+45 FROM TXA.0.T. RECORDS V (s020o0T) COURSES FROM ADJOINING (12245) PROPERTY RIETORDS � 0-0— iwARo RAL FENCE UNE PROPERTY LINE CENTERLINE § DISTANCE NOT TO SCALE 4 2.548 AC. 3 PARCEL NIlM6ER FOR 110993 SQ.FT R.O.W.ACQUISITION OFTF �'• .r o T j A_P r._ SOUTHWESTERN BELL rr JOHN STRAWBRIDGE TELEPHONE COMPANY # ............................... Q VOL.623, PG.91, O.R.W.C. Z z .14, 4283 10' ESMT.: NOV. 14, 1975 y' 9ti�'-°OEss��`•'•y� elms SURF. x w 1.ALL BEARINGS AD sNOrN HEREON ARE BASED UPON �N q POINT OF BEGINNING s', THE:TEXAS STATE PLANE COORDINATE SYSTEM. NAD83. CENTRAL ZONE. �000. s�T , I ALL DISDRE NCES SHOWN HEREON ASURFACE DISTANCES AL p 198+32.72 COORDINATES COORIATES WERE ADJUSTED FROM STALE PLANE GRID 70 PROJECT SURFACE USING THE M.R15T►ENr SCALE FACTOR OF 1.000085. 64.00' Lt REFERENCE Tx.D o.T. CONTROL POINT M2460044,PROJECT SURFACE N=10164394.457 COORDINATE* N-10183548.214, E-3142527.910. V� E=3143990 487 Alpe � 2 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TIRE � REPORT THERE MAY BE EASOAOIHS OR OTHER NSTRUMENIS S)3' %'+/� s PERTAINING TO THS PROPERTY THAT ARE NOT SHOWN HEREON. s�S 4C78,� -4,L, Y 3.ALL STATIONS AND OFFSE75 SHOWN HEREON ARE MEASURED 8 C, RELMW TO THE PROPOSED SURVEY BASELINE OF US HIGHWAY 79. AL OFFSETS ARE MEASURED AT RIGHT ANGLES TO SAID SURVEY BASELINE. 4. REMAINDER AREAS SHOWN N THE TABLE ARE CALCULATED BY ` ASUBTRACTING CRE THE R.O.W.ACOIUISIIION FROM THE RECORD DEED I I I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND 1 4/ eDNECTON AND SUPEIttAN� IS TRUE AND QCT 4 CNOWLEDGE !1 SRAWB GE ls�DATE REGISTERI:D PIOFESSIOlW. SURVEYOR STATE OF TEXAS NO.4283 Carter®Burgess RIGHT—OF—WAY PLAT SHOWING PROPERTY OF NPARCEL UMBER 9 2705 Bee Cave Road MARVIN CRESSMAN ACRES SQUARE FEET Suite 300 DATE Tx.D.O.T. PROJECT DISTRICT ACQUISMON 2.548 110993 PLone:51 Z 314:100 Fox:512.328.6672 n. Texas 78746 °�0 2001 U S HIGH WAY 7 9 4 � DEED AREA 15.99 www.c—b.com SG41.E ACCOUNT N0. C. S J. NO. NINE ® Copyright 2002 Carter & Burgess, Inc. 1" = 100' 8014-2-29 1 0204-01-055 WILLIAMSON REMAINDER AREA 13.44 T:\Techl\TxDOTGeneral\050098_TxOoT US79-RR_PoW-Plan\Fnotes\FnOl-225_P9.dwg,3 of 4,2003/02/13 03:01 p,Schre'ber10.,CS Austin Survey Page 4 of 4 b Q AARON THOMISON AND WIFE, BRENDA THOMISON J=� VOI-2422, PG.420, O.R.W.C. 1 RRANTY DEED: NOV. 30, 1993 3.0 AC. I >1 �a .Sr 210.36.16 64.00' Lt . N.T.S. I \ f, CA Sl y I I R az SOUTHWESTERN BELL x 'f 65—�-3 TELEPHONE COMPANY z ? " VOL,623, PG.91, O.R.W.C. Q10' ESMT.: NOV. 14, 1975 z r3 MARVIN CRESSMAN I� 3 W O VOL.1755, PG.329, O.R.W.C. ° WARRANTY DEED: FEB. 10, 1989 3 _ Z 15_99 AC. F yl b 1 FUTURE ARTERIAL "A" d �= I 2.548 AC. 110993 SQ.FT. YA7C11 i TO 3 PT-205+65.93 PROPOSED SURVEY Ill Sto 204+5Z74 N N = 10164606.799 E = 3144578.514 vim, A- 033'57' I s R = 22918.31' m w T= 119' �, 1 8 6 ' C = 226.39' 1p C8= N6354'22`E P 2 203+39.553 9 Z k o I GRAPHIC SCALE r � Carter Surgess RIGHT-OF-WAY PLAT SHOYnNG PROPERTY OF NPARCEL UMBER 9 2705 Bee Cave Road MARVIN CRESSMAN ACRES SQUARE FEET Suite 300 DATE Tx.D.O.T. PROJECT DMTIOCT ACQUISITION 2.548 110993 Austin, Texas 78746 OCTOBER 200114 Phone:512.314.3100 Fox:512.328'6672 US HIGHWAY 79 DEED AREA, 15,99 www.c—b.com SCALE ACCOt1N1• NO. C. S. J. NO. COUNTY ® Copyright 2002 Carter & Burgess, Inc. 1' = 100' 8014-2-29 0204-01-055 WILLIAMSON REMAINDER AREA 13.44 T:\Techl\TxDOTGenerol\050098_TxboT 0579-RR_RoW-Plan\Fnotes\FrM-225_P9.dw9,4 of 4,2003/02/13 03:01 p,Schreiherm,CB Austin Survey Page 1 of 4 City of Round Rock EXHIBIT 15'Water Line Easement A 8 PROPERTY DESCRIPTION FOR 15'WATER LINE EASEMENT DESCRIPTION OF 0.415 ACRE (18072 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY NO.9,ABSTRACT NO.297, IN W ILLIAMSON COUNTY,TEXAS;BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS 15.99 ACRES IN THAT WARRANTY DEED TO MARVIN CRESSMAN, DATED FEBRUARY 10, 1989,RECORDED IN VOLUME 1755, PAGE 329, OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS;SAID 0.415 ACRE TRACT OF LAND,AS SHOWN ON THE ACCOMPANYING SKETCH FOR THIS EASEMENT, BEING MORE PARTICULARLY DESCRIBED.BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept of Tran",being the intersection of the north line of the proposed right-of-way of U.S.Highway No.79 and the west line of the said 15.99-acre Cressman tract, being the east line of that tract of land.described as 21.4/5 acres, referred to as Item 1 in that deed to Palm. Valley Evangelical Lutheran Church, dated February 18, 1936, recorded in Volume 277, Page 473 of the Deed. Records of Williamson County, Texas, from which a Point for Reference, being a.1/2-inch iron rod found.at the northwest corner of the said 15.99-acre.Cressman tract, being'the northeast corner of the said 21 4/5-acre Palm Valley Church.tract, bears.N01 055'30"W,a distance of 769.50 feet; THENCE with said west line of said 15.99-acre Cressman.tract and said east line of the 21 4/5-acre Palm Valley Church tract, N01 055'30"W, a distance of 16.41 feet to a point; THENCE leaving the said west line of said 15.99-acre Cressman tract and said east line of 214/5-acre Palm Valley Church tract, over and across said 15.99-acre Cressman tract, the following three(3)courses:. 1. N64*1 1'21"E, a distance of 500.14 feet to a point; 2. N6305422"E, a distance of 225.68 feet to a point; 3. N63°3723"E, a distance of 479.02 feet to a point in the east line of the said 15.99-acre Cressman tract, being the west line of that tract of land described as 3.0 acres in that warranty deed to Aaron.Thomison and wife, Brenda Thomison, dated November 30, 1993, recorded. in Volume 2422, Page 420, Official Records of Williamson County,Texas,from which a Point for Reference,being a 1/2-inch iron rod found at the northeast corner of the said 15.99-acre Cressman tract and the northwest comer of the said 3.0-acre. Thomison tract, bears N01°54'40"W,a distance of 292.44 feet; THENCE with the said east line of the. 15.99-acre Cressman tract and west line of the 3.0-acre Thomison tract, S01 054'40"E,a distance of 16.48 feet to a 1/2-inch iron rod set with aluminum cap stamped`Texas Dept of Tran",in the north line of the proposed right-of-way of U.S. Highway No. 79; THENCE leaving the said east line of the 15.99-acre Cressman tract and west line of the 3.0-acre Thomison tract, over and across said 15.99-acre Cressman tract, the following three(3)courses: 4. S63°3723"W, a distance of 472.23 feet to a Texas Department of Transportation (Tx.D.o.T.) Type II monument set; 5. S63'5422"W, a distance of 225.75 feet to a Texas Department of Transportation (Tx.D.o.T.) Type If monument set; 6. S64°11'21"W,a distance of 506.82 feet to the POINT OF BEGINNING and containing 0.415 acre of land, more or less. T:\Tech1\TxDOTGeneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\PD03-012.KS.doc February 14,2003 Page 2 of 4 City of Round Rock 15'Water Line Easement BEARING BASIS: Texas State Plane Coordinate System,Central Zone, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, John Strawbridge, 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 is based upon a on the ground survey compiled during October,2001. WITNESS MY HAND AND SEAL at Austin,Travis County,Texas,this the 14th 09y of February,2003 A.D. Carter&Burgess, Inc. 2705 Bee Cave Rd.,Ste.300 ��••°F••X, 16hn Strawbri e Austin,Texas 78746 s T f�•.+ Registered Professional Land Surveyor CO osJ' No.4283 State of Texas JOHNS1R V BRIDGE• ° 4283 op S5�ot.-�O SUR`I T:\Tech1\TxDOTGeneral\050098 TxDoT US79-RR_RoW-Plan\Fnotes\PD03-012.KS.doc February 14,2003 Page 3 of 4 MATCH LINE TO SHEET 4 , I MARVIN CRESSMAN VOL.1755, PG.329, O.R.W.C. OR 15.99 AC. N N I N Nn I z - I I LEGEND 0 TX.D.O.T.TYPE N MONUMENT SET � 1/2'IM ROD SET WITH TX.D.O.T.ALLMNNAM z 8 CAP STAMPED'TEXAS DEPT OF TRAM' • NION ROD FOUND(1/2%OR AS NOTED) OFFICIAL R O. W.C. W LLMNSON COUNTY FTEYAS RECORDS J * 3p I DAW.C. NWAWNASON COUN, TEXAS G� I TX D.O T. TEXAS DEPARTMENT OF TRAMSPORTATTON R.O.W. ROfT—OF—wAY R iXC� • a � ) W — QI a a � +s I > Q � � � N = gW I O n � h N � 3 z m n zp ,m I z s` Iii SOUTHWESTERN BELL • I TELEPHONE COMPANY VOL.623, PG.91, O.R.W.C. �easo• co(/* 1'•4[x,. 1195 �oL1 j) �N0�4 Nm 6 so'ry pC RSH 04 �R•kc yFRgN POINT OF BEGINNING IqW MV 6r 41 11, V 1 • IGRAPHIC SCALE MOM to Acc wmy DBaWTiON No. PD03-012 Carter Surgess CarteM��gid' Consultants in Surveying. Austin.TdKuits 300 Engineering, «u 7874678746En g ng, AT-chitecturo. T'honx 512.314.3100 Constriction Management. Floc 512.328.8672 ww'and Related Services --corn O Cop+igM 1002 Cllr k Bur9•u,inc T:\Techl\TxDOT6eneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\PD03-012.dwg,3 of 4,2003/02/13 03:3I p,SchrelbwKL.C8 Austin Survey Page 4 of 4 oh O I l °o J= AARON THOMISON AND WIFE, 00 BRENDA THOMISON VOL.2422, PG.420, O.R.W.C. hp7�� 3.0 AC. 1qW 6' 6' 4' Z' 5 ' t w GRAPHIC SCALE 0? S01!W40"E p 16.4a� ( 4R" SOUTHWESTERN BELL t� 3 TELEPHONE COMPANY 2� I VOL.623, PG.91, O.R.W.C. 4 Mme £ O ZZ) 2 a o1 W : I CNI H M 0 M n ID Z Z 1.All BEARINGS AND COORDIATES SHOW HEREON ARE BASED UPON THE 7E)(AS STATE PLANE COORDWE M I ALL DISTANCES SHOWN HEREDN ARE 5�DISTANCES ANLL o COORDw7ES WERE ADJUSTED FROM STATE PLANE GRID TO PRQIECT y I SURFACE USING THE AD�I/STIEJNr SCALE FACTOR OF 1.000085. RFFEAOICE Tx.D.o.T.CONTROL POINT N246w" PROJECT SURFACE COORDWW 14-10/83548.214, E-3142527.010. 2.THIS SURVEY WAS PERFORMED WRHOUT THE BENEFIT OF A TRLE FUTURE ARTERIAL 'A" I ^ W REPORT.THERE MAY BE FA.sEME NTS OR OILER IISTRUIM9nS Q PERTAINING TRE O THIS PROPERTY THAT ANOT SHOWN HEREON. o > I HEREBY COMFY THAT THIS SURVEY WAS LADE ON THE GROUND (� I TINDER MY. AND SUPERVISION,AM IS TRUE AND CORRECT L"j = TO BEST aF cNOWLEDGE AID SO EF 0JOHN V) �IONAL SURVEYOR Iu STATE OF TEXAS NO. 4283 MATCH UNE TO SHEET 3 ( I .�E ,OF TF \ 1 AP. t ;49 MARVIN CRESSMAN I Q................................ TRARDGE b VOL.1755, PG.329, O.R.W.C. o o ri 15.99 AC. N N :�, 428.3 ss�° :�� N I Z sKErm to AI:C wmy DmRpnoti No. PD03-01 2 �/� Carter & Bu ess, Inc. Carter®Burgess 2705 B»Caw Rood Consultants in Surveying, Sufte 300 Audin,Tax"es 78746 Engineering, Architecture, Pham:512.314,3100 Construction Management, F=512.328.6672 Wwr h_eom and Related Services o C"nm 2=C-tR . T:\Techl\TxDOT6eneral\050098_TxOoT US79-RR_RoW-Plan\Fnotes\PD03-012.dwg,4 of 4,2003/02/13 03:31 p,SchreiberKL.CS Austin Survey DATE: August 20, 2004 SUBJECT: City Council Meeting - August 26, 2004 ITEM: 13.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Cressman Enterprises, L.P. for the purchase of 2.548 acres of right-of-way for the Highway 79 Expansion Project. Department: Legal Department Staff Person: Steve Sheets, City Attorney Justification: Purchase of right-of-way from Marvin Cressman for the future expansion of Highway 79 in Round Rock. Funding: Transportation Capital Improvement Project Cost: $571,844.00 (purchase price is equal to the City's appraised value) Funding Source: N/A Outside Resources: Sheets & Crossfield, P.C. Background Information: N/A Public Comment: N/A Executed Document Follows REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CRESSMAN ENTERPRISES,L.P.,A TEXAS LIMITED PARTNERSHIP,(referred to in this Contract as"Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract,Seller sells and agrees to convey,and Purchaser purchases and agrees to pay for,the tract(s)of land described as follows: Fee simple interest in 2.548 acres located in the Prior A. Holder Survey No. 9, Abstract No. 297, in Williamson County, Texas; being a portion of that tract of land described as 15.99 acres in that warranty deed to Marvin Cressman, dated February 10, 1989, recorded in Volume 1755, Page 329, Official Records of Williamson County, Texas, more fully described by metes and bounds in Exhibit"A", attached hereto and incorporated herein; and A waterline easement interest in 0.415 acres located in the Prior A. Holder Survey No. 9, Abstract No. 297, in Williamson County, Texas; being a portion of that tract of land described as 15.99 acres in that warranty deed to Marvin Cressman,dated February 10, 1989,recorded in Volume 1755, Page 329, Official Records of Williamson County,Texas,more fully described by metes and bounds in Exhibit`B", attached hereto and incorporated herein. 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, 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 FIVE HUNDRED SEVENTY ONE THOUSAND EIGHT HUNDRED FORTY FOUR and no/100 Dollars ($571,844.00). k-0 L/--Q 9-a4k)--/-30-1 @PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/TRANSPRT/HWY79/CRESSMAN/Ra ST/00059940.WPD/Sls Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obli atg ions 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. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense,shall have 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 promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or 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 VII. Sury 3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause 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 contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller notice of this fact.Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so prior to the closing 2 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 VII. 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; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; (3)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 October 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: 3 (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: (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. 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 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. 4 Closing Costs 5.05.All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI 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 timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason,except Purchaser's default,Purchaser may: (1)enforce specific performance of this Contract; or (2)request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property,the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit 5 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. 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 Applv 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 9.04.In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 9.05.This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 6 Time of Essence 9.06. Time is of the essence in this Contract. 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 Round Rock City Council, which date is indicated beneath the Mayor's signature below. Possession and Use Agreement 9.11 By signing this Contract,Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a public road and related facilities, upon full execution of this contract. 7 SELLER: CRESSMAN ENTERPRISES, L.P., A TEXAS LIMITED PARTNERSHIP Its: Gi-u t. PURCHASER: CITY OF ROUND ROCK By: W�KtaA*Zfke'll, >1E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 0 " 8 Page 1 of 4 County: Williamson EXHIBIT Highway: U.S. 79 b A- To: Limits: From:West of FM-1460 a East of FM-1460 CSJ No: 0204-01-055 Account No:. 8014-2-29 PROPERTY DESCRIPTION FOR PARCEL 9 DESCRIPTION OF 2.548 ACRES OF LAND,LOCATED IN THE PRIOR A.HOLDER SURVEY NO.9,ABSTRACT NO.297, IN WILLIAMSON COUNTY,TEXAS;BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS 15.99 ACRES IN THAT WARRANTY DEED TO MARVIN CRE SMAN,DATED FEBRUARY 10,1989,RECORDED IN VOLUME 1755, PAGE 329, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.548-ACRE TRACT OF LAND,AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY PLAT FOR THIS PARCEL,BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING.at a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept of Tran",being the intersection of the north line of the proposed right-of-way of U.S.Highway No.79 and the west line of the said 15.99-acre Cressman tract, being the east line of that tract of land described as 214/5 acres, referred to as Item 1 in that deed to Palm Valley Evangelical Lutheran Church, dated February 18, 1936, recorded in Volume 277, Page 473 of the Deed Records of Williamson County,Texas,and being 64.00 feet left of proposed survey baseline station 198+32.72,and also being the northwest comer of the herein described 2.548-acre tract,from which a Point for Reference,being a 1/2-inch iron rod found at the northwest comer of the said 15.99-acre Cressman tract,being the northeast comer of the said 21 4/5-acre Palm Valley Church tract, bears N01°55'30"W,a distance of 769.50 feet; THENCE leaving the said west line of the 15.99-acre Cressman tract and east line of the 21 4/5-acre Palm Valley Church tract,with the said north line of the proposed right-of-way of U.S.Highway No.79,over and across the said 15.99-acre Cressman tract, the following three(3)courses: 1. N64°11'21"E, a distance of 506.82 feet to a Texas Department of Transportation (Tx.D.o.T.) Type If Monument set, being 64.00 feet left of proposed survey baseline station 203+39.55; 2. N6305422"E, a distance of 225.75 feet to a Tx.D.o.T. Type 11 Monument set, being 64.00 feet left of proposed survey baseline station 205+65.93 and; 3. N63°3723"E,a distance of 472.23 feet to a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept of Tran"on the east line of the said 15.99-acre Cressman tract, being the west line of that tract of land described as 3.0 acres in that warranty deed to Aaron Thomison and wife, Brenda Thomison, dated November 30, 1993,recorded in Volume 2422,Page 420,Official Records of Williamson County,Texas, said point being 64.00 feet left ofproposed survey baseline station 210+38.16, from which a Point for Reference,being a 1/2-inch iron rod found at the northeast corner of the said 15.99-acre Cressman tract and the northwest comer of the said 3.0-acre Thomison tract, bears NO 054'40"W,a distance of 292.44 feet; 4. THENCE leaving the said north line of the proposed right-of-way of U.S.Highway No.79,with the said east line of the 15.99-acre Cressman tract and west line of the 3.0-acre Thomison tract, S01°54'40"E, a distance of 99.08 feet to a point on the north line of the existing right-of-way of U.S.Highway No.79(100-foot wide),being the southeast comer of the said 15.99-acre Cressman tract,and being the.southwest comer of the said 3.0- acre Thomison tract, from which a 1/2-inch iron rod found bears S01°54'40"E,a distance of 0.36 feet; T:\TechllTxDOTGenera11050098 TxDoT US79-RR RoW-PlanlFnotes1Fn01-225 P9.ay.doc _ February 13,2003 Page 2 of 4 County: Williamson Highway: U.S. 79 Limits: From:West of FM-1460 To: East of FM-1460 CSJ No: 0204-01-055 Account No: 8014-2-29 5. THENCE leaving the said east line of the 15.99-acre Cressman tract and west line of the 3.0-acre Thomison tract,with the said north line of the existing right-of-way of U.S.Highway No.79,being the south line of the said 15.99-acre Cressman tract,S63'3648"W,a distance of 1207.63 feet to a point on the said east line of the 21 . 4/5-acre Palm Valley Church tract,being the southwest comer of the said 15.99-acre Cressman tract; 6. THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 15.99-acre Cressman tract,with the said west line of the 15.99-acre Cressman tract and east line of the 214/5- acre Palm Valley Church tract,N01°55'WW,passing at a distance of 0.14 feet a 1/2-inch iron rod found,in all a total distance of 106.03 feet to the POINT OF BEGINNING and containing 2.548 acres of land,more or less. BEARING BASIS: Texas State Plane Coordinate System,Central Zone, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, John Strawbridge, 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 is based upon a on the ground survey compiled during October,2001. WITNESS MY HAND AND SEAL at Austin,Travis County,Tee the 13 day of February,2003 A.D. Carter&Burgess, Inc. 2705 Bee Cave Rd.,Ste.300 � ..........T hn Strawbri ge Austin,Texas 78746 .�Q.�� R�.f Registered Professional Land Surveyor No.4283-State of Texas JOHN STRAWBRIDGE 1 4283 Pte: SURV TATech1XTxD0TGenera1\050098 TxDOT US79-RR RoW-Plan\Fnotes1Fn01-225_P9.ay.doc _ February 13,2003 Page 3 of 4 mmmmm�UAA7CH V'E TO BEET 4 PROPOSED ar05+65.93 m RAM INE G1RVE DATA PI Sta 204+5274 ^ ro N N 10184606.799 10 ^ E = 3144576.514 0'33'57'R 3 A '33'57z s v l o 2291&31*' r� '• L - 226-W wt h T 11319' C 1 1 C - 226.39'22*E i ' PC- 203+39.55 PT 205+6593 + ` I GRAPHIC SCALE , LEGEND ' s r i s TXA.O.T.TYPE I MONUMENT'SET PC_203+39.55 - O 1/2'IRON ROD SET WON TXD.oT ALUMHIM _ I CAP STAMPED '11MAS DEPT of 7Wr MARVIN CRESSMANp • ION ROD FOUND(1/Y.OR AS NOTED) VOL1755, PG.329, O.R.W.C. z r o.RW.c. 7EXAS WARRANTY DEED: FEB. 10, 1989 l f D.R.W.0 yp DS OF TExAS 15.99 AC. TX.D.O.T. TEXAS DEPARTMENT OF TRAHJSPoRTATIOH R.O.W. RIGHT-OF- y J " I S72701Y COURSES t SEMONS 123+45 FROM TX.D.O.T.RECORDS (SMIDOT) COURSES FROM ADJOINING (1--7 PROPERTY RECORDS q . . . -o— GUARD RAL "1 FENCE UNE PROPERTY LINE DISTANCE NOT TO SCALE �Q 2.548 AC. NULMER MR v4 110993 SQ.FT. G) RP 4'• - W •OF..TF z tl© z A.. f� r \4 SOUTHWESTERN BELL _ ; .y `�.......»......�:..... Q4' TELEPHONE COMPANY K JOHN STRAWBRIDGE I ................................ VOL623, PG-91. O.R.W.C. z o <�? 4283 `�.•' 10' ESMT.: NOV. 14, 1975 z '��'p0, o?Z O� � ti�•.•fssv -t elms S U its�• POINT OF BEGINt" _ 1.Au BEARINGS AND SHOWN HEREON ARE IASED UPON 9''O�• PARCEL.9 I AAM SH M HEKON AM 7HE'TE �DIST�MICES�AM ZONE. p �rdiS 198+32.72 COD MWES WERE ADJUSTED FROM SWE PIANS CRO TO PROX= sl ;- SURFACE USING THE AD�IHSTMENTT SCALE FACTOR OF 1.000085. V °moo N=101 464394.457REFERENCE Nva o sCONTROL Eo�.3�4252748oAo" PRO ECT SURFACE Ig Ey E=3143990.487 10. 2.THIS RV SUEY WAS PERFORMED WOHDU'THE BENEFTT OF A TIRE REPORT.THERE MAY BE EASnmm OR OTHER NSIRUMENTS �� PERTNNNG TO THIS PROPERTY TWIT ARE NOT SHOWN HOOK ' Fd y 1f•C 'W I a ALL STAMONs AND OFFSET'S SHOWN HEREON ARE MEASURED RELOVE TO THE PROPOSED SURVEY WSE1NE OF US HOMY 7/. �•`�Y! a ALL OFFSETS ARE MEASURED Al MW ANQ.S TO S09D SURVEY ,� ,< BASFJ RE • _ 4. RE]WN DER AREAS SHOWN N THE T11BLE ARE CALGAATED BY mmwnwTHE R.O.W.ACQUISRION FROM THE RETARD DEED _ I I I HEREBY CERTIFY THAT THS SURVEY WAS MADE ON THE GROUND ` Q WBEST AND SIlPER1�N,�IS TRUE AND CORRECT ' Z//1/3 ` _ ( DATE �STERED PROFEMNAL SUIWE,TTR SUMOF TEXAS NO. 4283 CarterssBUrge55 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF PARCEL 2705 Bee Cave Rood MARVIN CRESSMAN NUMBER 9 ACRES. SQUARE FEET Suite 300 DATE Tx.D.O.T. PROJECT DISTRICT ACQUISITION ACRES 110993 Austin. Texas 78746 OCTOBER 2001 Phone:512.314.3100 Fax:512.328.6672 U S HIGH WAY 79 14.e-b.com SLUE ACCOUNT N0. C.S.J. NO. COUNTY 15.99 DEED AREA ® copyright wvr2002 carter & Burgess, hoc. 1" = 100' 8014-2-29 0204-01-055 WIWAMSON REMAINDER AREA 13.44 T:\Techl\TxDOTGemml\050098_TxooT U579-RR ROW-Plan\Fortes\Fn01-225_P9.dwg,3 of 4,2003/02/13 03,01 P,5chreiber•IQ.,C8 Austin Survey Page 4 of 4 h o AARON THOMISON AND WIFE, ,�. BRENDA THOMISON J VOL.2422, PG.420, O.R.W.C. RRANTY DEED: NOV. 30, 1993 3.0 AC. > 210.38.16 64.00'Lt 117T.—S. I S 4 ' VJ t c Q SOUTHWESTERN BELL65 —-3 ' Q TELEPHONE COMPANY Z'' VOL.623, PG.91, O.R.W.C. W � 10' ESMT.: NOV. 14, 1975 $ z z Q MARVIN CRESSMAN W l0 3 VOL.1755, PG.329, O.R.W.C. � WARRANTY DEED: FEB. 10, 1989 3 �; Z i 15_99 AC. — — — a ZS � s FUTURE ARTERIAL 'A' 9 I 2.548 AC. 110993 SQ.FT. W= UK NO 3 PT=205+65.93 PRaPosm alrryEy 9R INE 11' DM V eo PI Sta 204+5274 ' ro N = 10164606.799rz E = 3144576.514 � A= o-33vr " � U R = 2291x.31' Ate. cc � L = 226.39' T= 11319' 6 6 4 2 5 1 C 226 39' t r u y CB- N6354'22EIN o 2203+39.55 839.5 Z GRAPHIC SCALE :,.. Carter Surgess RIGHT—OF—WAY PLAT SHOWING PROPERTY OF PARCEL MARVIN CRESSMAN NUMBER 9 2705 Bee Cave Road ACRES SQUARE FEET Suite 300 DATE Tx.D.O.T. PROJECT DISTWT ACQUISITION 2.548 110993 Phone31Y1�31�4:ioo° F758172`a2e.6672 OBER 2001 US HIGHWAY 79 14 ,Iryw.a�t.c SCALEDEED AREA 15.99 0 Copyright 2002 Carter do Bu ess. Inc. 1" = 100' 8014 2 29 02045 J. NO. COUNTY 1 01 055 WILLIAMSON I REMAINDER AREA 13.44 T:\Techl\Tx00TGeneml\050098_TxOoT_US79-RR ROW-Mn\Fnotes\Fn01-225 P9.dwg,4 of 4,2W3/02/13 03:01 P.SchreiberKL,CB Austin Survey Page 1 of 4 City of Round Rock EXHIBIT 15'Water Line Easement a 8 PROPERTY DESCRIPTION FOR 15'WATER LINE EASEMENT DESCRIPTION. OF 0.415 ACRE (18072 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A.. HOLDER SURVEY NO.9,ABSTRACT NO.297,IN WILLIAMSON COUNTY,TEXAS;BEING A PORTION OF THAT TRACT OF LAND DESCRIBED. AS 15.99 ACRES. IN THAT WARRANTY DEED TO MARVIN CRESSMAN, DATED FEBRUARY 10, 1989, RECORDED IN VOLUME 1755,. PAGE 329, OFFICIAL RECORDS. OF WILLIAMSON COUNTY,TEXAS;SAID 0.415 ACRE TRACT OF LAND,AS.SHOWN ON THE ACCOMPANYING SKETCH FOR THIS EASEMENT, BEING.MORE PARTICULARLY DESCRIBED.BY METES AND.BOUNDS.AS.FOLLOWS: BEGINNING at a 1/2-inch iron rod set with aluminum cap stamped.`Texas.Dept of Tran",being the intersection of the north line of the proposed.right-of-way of U.S.Highway No.79 and the west line of the.said.15.99-acre Cressman tract, being the east line of that tract of land described as 21.4/5 acres, referred to as.Item.1.in that deed to.Palm. Valley Evangelical. Lutheran Church, dated. February 18, 1936, recorded in.Volume 277, Page 473 of the.Deed. Records of Williamson. County, Texas,.from.which a Point for Reference, being a.1/2-inch iron rod found at the northwest corner of the said 15.99-acre Cressman tract,being:the.northeast comer of the said 21 4/5-acre Palm. Valley Church tract, bears.N01 055'30"W,a distance of 769.50 feet; THENCE with said west line of said 15.99-acre.Cressman tract and said east line of the 21 4/5-acre.Palm Valley Church tract, N01°55'30"W,a distance of 16.41 feet to a point;, THENCE leaving the said west line of said.15.99-acre Cressman.tract and said east line of 214/5-acre.Palm Valley Church tract,over and.across said 15.99-acre Cressman.tract, the following three.(3)courses: . 1. N64'1 1'21"E,a distance of 500.14 feet to a point; 2. N63'5422"E,a distance of 225.68.feet to a point; 3. N6303723"E,a distance of 479.02 feet to a point in the east line of the said 15.99-acre Cressman tract,. being the west line of that tract of land described as.3.0 acres in that warranty deed.to Aaron.Thomison and wife, Brenda Thomison, dated November 30, 1993, recorded. in.Volume.2422, Page 420, Official Records of Williamson County,Texas,from which a Point for Reference,being a 1/2-inchiron rod found at the northeast comer of the said 15.99-acre Cressman tract and the northwest comer of the said 3.0-acre. Thomison tract,bears N01°54'40"W,a distance of 292.44.feet; THENCE with thesaid east line of the. 15.99-acre.Cressman tract and west line of.the 3.0-acre Thomison tract,. S01°54'40"E,a distance.of.16.48.feet to a 1/2-inchiron.rod set with aluminum cap.stamped`Texas.Dept of.Tran',in. the north line of the proposed right-of-way of.U.S. Highway No. 79; THENCE leaving the said.east line of the 15.99-acre Cressman.tract and.west line of.the 3.0-acre.Thomison.tract, over and across said 15.99-acre Cressman tract,the following three(3)courses: 4. S63°3723"W, a distance of 472.23 feet to a Texas. Department of Transportation (Tx.D.o.T.) Type II. monument set; 5. S63'5422"W, a distance of 225.75 feet to a Texas. Department of Transportation (Tx.D.o.T.) Type II. monument set; 6. S64°11'21"W,a distance of 506.82 feet to the POINT OF BEGINNING and containing 0.415 acre of land, more or less. T:1Tech1\TxD0TGenera1k050098 TxDoT US79-RR_RoW-P1an\Fnotes1PD03-012.KS.doc February 14,2003 Page 2 of 4 City of Round Rock 15'Water Line Easement BEARING BASIS: Texas State Plane Coordinate System,Central Zone, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, John Strawbridge, 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 is based upon a on.the ground survey compiled during October,2001. WITNESS MY HAND AND SEAL at Austin,Travis.County,Texas,this.the 14"y of February,2003 A.D. Carter&Burgess, Inc. 2705 Bee.Cave.Rd., Ste.300 ��..OF..TQC. hn Strawbridge- Austin,. Texas 78746 P; s r e ., j- C Registered Professional.Land Surveyor • * o•J' No..4283-.State of Texas JOHN STRAWMIDGE r 4283 ��iO�- Y SUR`I T:\Tech1\TxD0TGeneraf\050098 TxDoT US79-RR_RoW4'lanlFnotes1PD03-012.KS.doc February 14,2003 Page 3 of 4 MATCH LINE TO SHEET 4I 1Ole ..�� I MARVIN CRESSMAN .o I VOL.1755, PG.329, O.R.W.C. o ri 15.99 AC. N =' I W N N N � I O .s N r: �t LEGEND -0 mD o.T.TYPE M MONUMENT SET O 1/2'r"ROD SET UM 1XAA.T.NIDI" w GW STAVED TEXAS DEPT OF 7RW' *IRON ROD RXIND(1/1;OR AS NOTED) FIECORDS OF O.R.W.C. K SON COUNTY.7EXAS Jl I DRW.C. DEED OF �f J wN1WASON A50N COUNTY. UMY,lE7UlS pp I TX.D.O T. TEXAS DEPARTMENT OF 7RANSPORTAnDN R.O.W. F"IT—OF—WAY ILIle ^ N � I W IRL- Q < n O I D� N N r' 3 r o Z Z V Z _XHX W SOUTHWESTERN BELL TELEPHONE COMPANY IVOL.623, PG.91, O.R.W.C. CpU 11040 I 16.41• pC,¢�Cy cq� t t 3 R,h,C yFRq,� POINT OF BEN004G • ICF q q 4V 2V q 1 IGRAPHIC SCALE 9001 to ACCOMPMY DBUTTION No. PD03-012 �/� �c Carter do Burgess, Inc. CQrterBurgess 2705 Sm Co"Road Consultants In Surveying. salts 300 78746 Engineering, Architecture, 51�zs14,3100 Construction Management. Fmc 512 328 W72 ww_c—h.com and Related Services C C-,d M 2= T:\Techl\TxDOT6emrW\050098_TxOoT VS79-RR RoW-Plan\Fnotes\PD03-012.dwg,3 of 4,2003/02/13 03:310_Sch—b—L.CR A—ri..S..rm... Page 4 of 4 �h J2 AARON THOMISON AND WIFE, BRENDA THOMISON VOL.2422, PG.420. O.R.W.C. N 3.0 AC. °rte. GRAPHIC SCALE 0) W*5, 4o E 16.48' t� 0) SOUTHWESTERN BELL t11 TELEPHONE COMPANY IVOI-623, PG.91, O.R.W.C. �o = Iy of ci _d In C7 I 0 CQ2 Q- c Q go �aj u Q N M O :. C4 Q Z �' ; N OM 1.ALL BEARINGS AND 1 COOFOO SHOWN FIi7EON C�UPW ZONE. I ALL OISTN4CE5 SFWMM N=tEONARE SWAMPLANE WS pRDJECf ro7t1stw E AO,RIsTm Nf SCALE FAOIOR OF 1.000085. N I RFFERENCF Tx D e T.CON1100L PONE 112460044.PROJECT SURFACE COORD6W7F:1110183546.414. M42527.910. 2.7M SURVEY WAS PERFORMED r81Mn INE B1:1EFII OF A W LE i� W RDPORr.1lEAE MAY BE EAS WIFS OR OVER DORUMDOS UTU FRE ARTERIAL 'A' ' PERfIWNG 70 7NIS PROP'ER1Y 7W ARF NOT%MN HU=K o I a I a 11,E �,1�s�WAS MADE ON 7NF sRoulo 3 > supERV ION.Me IS 71M AND CORRECT x ;o K OEM of Alp 08 EF N v si �TDtws 4W MATCH LINE TO SHEET 3 ( f 3�5 7 1C7:*� �p9UN _ i =� I JOHN S7RAWSRIDGE It MARVIN CRESSMAN ;, '..;w.......................4283 •.. .. VOL.1755, PG.329, O.R.W.C. 'D N 0 15.99 AC. N I °:�Es5�4 {0 SUR% SKEM to AtxOMPANY oiscR nm ia. PD03-012 Carter do Burgess. Inc. Carter�Burgess 4>05 t.cow ROW 300 Consultants in Surveying. �;,,.Tom 78746 Engineering. Architecture. Phwa:512314.3100 Construction Management. Fmc 512.328.6674 .�-e. and Related Services 0 Cwpw 2M C�w k T:\Techl\TXDOT6efwxW\0W098_TXDOT U579-RR RoW-PIon\FnoTu\PD03-012.dwv.4 of 4.2003/02/13 03:310