Contract - Frank E. Martin III - 7/27/2017 REAL ESTATE CONTRACT
RM 620 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between FRANK E.
MARTIN, III, Independent Executor of the Estate of Ardelia Ellen Stark Martin, (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:
All of that certain 0.256 acre (11,162 square foot) parcel of land situated in the
J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas; said 0.176
acre parcel of land being more fully described by metes and bounds in Exhibit
"A", attached hereto and incorporated herein (Parcel 19); and
Public Utility Easement interest in and across all of that certain 0.058 acre (2,509
square foot) tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in
Williamson County, Texas; said 0.058 acre tract of land being more fully
described by metes and bounds in Exhibit "B", attached hereto and incorporated
herein (Parcel 19PUE);
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"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A",
or bisected by the acquisition and not otherwise retained by Seller, for the consideration and upon
and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the fee simple portion of the Property described in Exhibit
"A", the acquisition of any improvements on the Property, and any damage to or cost to cure of
the remaining property of Seller, shall be the sum of TWO HUNDRED SIX THOUSAND FOUR
HUNDRED FORTY-FIVE and 00/100 Dollars ($206,445.00).
0038221 LDDC
*K112D` 1_1_�Y �
2.02. The Purchase Price for the public utility easement interest portion of the Property
described in Exhibit `B" shall be the sum of SEVEN THOUSAND and 00/100 Dollars
($7,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the Closing.
Special Provisions
2.04. By execution of this Contract, Seller consents and agrees that Purchaser shall be
allowed to temporarily enter the remaining property of Seller for the sole purpose of removing any
bisected improvement(s) acquired or damaged by the City of Round Rock or TxDoT.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have perforined, 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
4.01. 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:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
2
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof,
4.02. 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 Capital Title Company on or before August
30th, 2017, 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 or in the Contract(which date is herein referred to as the"Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the State of Texas a duly executed and acknowledged Deed conveying good
and indefeasible title in fee simple to all of the Property described in Exhibit "A", and deliver to
the City of Round Rock a duly executed and acknowledged Public Utility Easement conveying
such interest to all of the Property described in Exhibit "B", both free and clear of any and all
liens 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.
The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached
hereto. The Public Utility Easement to the City of Round Rock shall be in the form as shown in
Exhibit"D" attached hereto.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring each
Grantee's fee simple and/or easement interests in and 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;
3
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; 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:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property acquired in
fee simple 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. Agricultural roll-back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
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, if any, shall be forthwith returned by the title company to Purchaser.
4
ARTICLE VII
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, if any, 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. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. 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
8.02. 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
8.03. 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
8.04. 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.
5
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. 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
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 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
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which,may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
6
SELLER:
4VI ���ti � Address: 8514 Cele Road
Frank E. Martin III, Independent Executor Manor, Texas 78653
of the Estate of Ardalia Ellen Stark Martin
Date: t)I �,7-Ljru 17
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Craig rgan, Yor Round Rock, Texas 78664
DateJ.2,1
7
Reissued: 12/04/15
EXHIBIT
A Page 1 of 4
County: Williamson
Highway: R. M. 620
Limits: Deepwood Dr. to IH 35
CSJ: 0683-01-092
PROPERTY DESCRIPTION FOR
PARCEL. 19
DESCRIPTION OF A 0.256 ACRE (11,162 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 1 OF THE LITTLE OAK ADDITION SUBDIVISION RECORDED IN CABINET A, SLIDES 350-352
OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO ARDALIA E.
MARTIN, TRUSTEE BY INSTRUMENT RECORDED IN VOLUME 1259 PAGE 83 OF THE DEED
RECORDS OF WILLIMSON COUNTY, TEXAS, SAID 0.256 ACRE (11,162 SQUARE FOOT) PARCEL
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a '/2" iron rod found being the northwesterly corner of Lot 2 of said
subdivision, being the existing easterly right-of-way (ROW) line of Brentwood St. (ROW width varies),
same being the southwesterly corner of said Lot 1, 218.87 feet right of proposed R.M. 620 baseline
station 492+20.82,
THENCE with the westerly boundary line of said Lot 1 and said existing easterly ROW line N 07030'27" W
at a distance of 73.11 feet to a '/2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT
Type II monument), 150.53 feet right of proposed R.M. 620 baseline station 491+93.02, being the
proposed southerly ROW line of R.M. 620 (ROW width varies), for the southwesterly corner and POINT
OF BEGINNING of the herein described parcel,
THENCE, departing said proposed southerly ROW line, with the westerly boundary line of said Lot 1,
same being said easterly ROW line of Brentwood St. the following two(2)courses:
1) N 07°30'27" W for a distance of 41.79 feet to calculated point being an angle point in the herein
described parcel;
2) N 18°22'33" E for a distance of 40.83 feet the to a calculated point being the northwesterly corner
of said Lot 1, same being the point of intersection of said Brentwood St. and the existing curving
southerly ROW line of R.M. 620 (ROW width varies), for the northwesterly corner of the herein
described parcel;
THENCE departing the existing easterly'ROW line of said Brentwood St., with said existing southerly
ROW line of R.M. 620, same being the northerly boundary line of said Lot 1, the following two (2)
courses:
3). Along a curve to the left, having a delta angle of 09'54'21", a radius of 766.20 feet, an arc length
of 132.47 feet, and a chord which bears S 75°50'03" E for a distance of 132.30 feet to a
calculated point of non-tangency;
4) S 76°35'17" E for a distance of 31.68 feet to a calculated point, being the northeasterly corner of
said Lot 1, same being an angle point is said southerly ROW line, for the northeasterly corner of
the herein described parcel;
Reissued: 12/04115
Parcel 19 Page 2of4
5) THENCE with said existing southerly ROW line ofR.K8. 820. some being the oeabady boundary
line ofsaid Lot 1, 8 01085'88" E at distance of 10.00 feet pass a iron rod found with aluminum
cep, being the northwesterly corner of Lot 1 of The Commons subdivision recorded in Cabinet G.
Slide 81 of the P(oL Records of Williamson County Texas and conveyed to the City of Round
Rook. Taxam, by instrument recorded in Document No. 2012009041 of the Official Public Records
of Williamson Cuunty. Texoa, departing said existing southerly ROW line of R.N1, 820. with the
common boundary line of said Lot 1 (The Commons eubdiviaion), and said Lot 1 (The Little Oak
Addition subdivision) and continuing for a total distance of 68.57 feet to o yk^ iron rod with TxDOT
aluminum cap set, 134.41 feet right of proposed R.M. 820 baseline station 493+72.50, being said
proposed curving southerly ROW line of R.M. 820, for the southeasterly corner ofthe herein
described parce|, and from which o 1/2" iron rod stamped "Inland 4933" aet, being the
northeasterly corner of said Lot 2, same being the southeasterly corner of said Lot 1 bears
GO1"55'58"Eatedistance of21.43feet�
.
THENCE, departing the westerly boundary line ofsaid Lot (The Commons eubdiv|mion). with said
proposed southerly R0VV line of R.M. 620' through the interior ofsaid Lot 1 (The Little Oak Addition
subdivision)the following three(3) courses:
0) Along a ounxs to the left, having a delta angle ofU3"5O'38". a radius of 1978J00 feet, an aro
length of 132.52 feet, and a chord which beans N 75048'51" VVfor a distance of 132.50 feet to e
%" iron rod with TxODT aluminum cap sot (ho be replaced with TxOOTType || monument).
138.81 feet right of proposed R.M. 820 baseline station 492+33.33. for e point of tangency of the
herein described parcel;
7) N 77"42'08" VV for o distance of 25.54 feet to a 1/2" iron nod with TxOOT aluminum cap se((to be
replaced with TxODTType || monument). 137.37 feet right oYproposed R.M. 620 baseline station
4Q2+0G.49. for anangle point ofthe herein described parcel;
8) 857"17'52" VVfor edistance of1D.34feet bzthe POINT OFBEGINNING,containing O.258acres
(11.1O2square feet)ofland, more orless.
This property description isaccompanied byeseparate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate 8ymhem, Central Zone No.
42O3. NAD 83.
THE STATE OFTEXAS �
� KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFVV|LL>AMSON §
That |. M. Stephen Trueedo|e. o Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined.by a survey made on the ground under my direction and supervision.
VV|TNE88 MY ND AND SEAL at Round RockrWilliamson County, Texas.
' —'._ -__—_ "a=
Registered Professional Land Surveyor No. 4833
Licensed State Land Surveyor
Inland Geodetinn. LLC
Firm Registration No: 1OO581-OO
15O4Chisholm Trail Road, Suite 103M.STEPHEN TpUE
Round Rock, TX78881
EXHIBIT A "
PLAT TO ACCOMPANY PARCEL DESCRH:'TION Re I ssuedt 12/04/15
PAGE 3 OF 4
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
C I 090 54'21 " 766. 20' 132. 47' 1 32. 30' S75° 50'03"E
(CI ) (95.2' ) (S840 56"E)
C2 03'50'33" 1 1976.00'1 132. 52' 1 32. 50' N750 46'5 1 "W
NUMBER DIRECTION DISTANCE N
Ll N77° 42'08"W 25. 54'
L2 S57° 1 7'52" W 1 8. 34'
L3 SOI- 55' 58"E 21. 43
EklsrlNC R,0 0 25 50
491.1 0 1 „ = 50'
4921'00
PROPOSED R.la
62p BASELINE 993'00
1R.R M,
r- yy/DTM 620
V4RI ES)
LOT 25 0 EV/ST1 999 00
Q' tt
ct) oP C R 0' C (S86. 13'
E
/
s
3w P off'' (C/)
S76-,3
'�
4, Zia Z ? 3/• 1�,,E
68
515 58 E
0.00
`,R 0
N STA. 492.06.49 ALUMINUM .
EXISTINGW' (" 137,7' RT
p � EXISTING R.O.W.
co
r- O i 536,849233.33 =
o v
(n
GLENWOO� ST. P. 0. B. p o �2 C I o I(� RT 1 1 01.625 SAC.
C�FT.
PARCEL 1 9 z'
R.0-y") 0
((PEP PLAT) STA, 491-93.02 �� M PR0p0Sf O 010
R.0.Yl. 150.53' RT N �1 ^' ` n� C 0 R O•)Y N o LOT I
EXISTING 3 2 _N
N— ~ LOT I \ i—STA. 493+72.56
cr \ 134,4 I' RT
Zo z ARDAL I A E. MART I N, \
TRUSTEE PROPOSED 15' L3
o VOL. 1259, PG. 83 EASEMENT
w z D. R.W. C. T.
50'
LOT 26 \�a��I \
LOT 2 THE
P.O. R. 3 LITTLE OAK ADDITION
COMMONS
PARCEL 19 6 CAB. A, SL. 350-352 I CAB. G, SLD. 81
STA. 492.20.82 P.R.W.C.T.
P.R.W.C.T.
218.87' RT
I z CITY OF
PROPOSED R.M. 620 BASELINE I ROUND ROOK, TEXAS
PI STATION = 490+55.90 w I N0
, .
DELTA = 22' 57' 22' (RT) DOC.
9
DEGREE OF CURVE = 02' 02' 47'
TANGENT = 568.55 0.P.R.W. C. T.
LENGTH = 1121.65
RADIUS = 2800.00
PC STATION 484+87.35
PT STATION. = 496+09.20
P.C. P. I. P.T.
X=3128065.2590 X=3128633.6335 X=3129162.5381
Y=10160813.5144 Y=10160827,7278 Y=10160619. 1340
I N LA N Du PARCEL PLAT SHOWING PROPERTY OF ,,
G EO D ETI CS -i ARDAL I A E, MARTIN, TRUSTEE ,Texas Department of Transporratlon
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103 PARCEL 19
ROUND ROCK,Tx.78681 SCALE CSJ PROJECT COUNTY
PH.(512)238-1200,FAX(512)238-1251 I " = 50' 0683-01-092 RM 620 W)LL I AMSON
EXHIBITA .-
PLAT TO ACCOMPANY PARCEL DWR.IPTION Re t ssueda 12704/15
PAGE: 4 OF 4
LEGEND
■I TXDOT TYPE I CONCRETE MONUMENT FOUND R PROPERTY LINE
F01 11/2" IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION
TO BE REPLACED BY TYPE If MONUMENT LINE BREAK
R TXDOT TYPE 11 CONCRETE MONUMENT FOUND N LAND HOOK
P.O.B. POINT OF BEGINNING
• 1/2" IRON ROD FOUND UNLESS NOTED P.O. R. POINT OF REFERENCE
O Y2" IRON ROD FOUND W/PLASTIC CAP N. T. S. NOT TO SCALE
0 COTTON GIN SPINDLE FOUND D.R.W.C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O.R.W.C. T. OFFICIAL RECORDS
j 6O/D NAIL FOUND WILLIAMSON COUNTY, TEXAS
O. P.R.W.C.T. OFFICIAL PUBLIC RECORDS
L1 CALCULATED POINT WILLIAMSON COUNTY, TEXAS
0 l'12" IRON ROD W/ ALUMINUM CAP P.R.W.C.T. PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
q CENTER LINE
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates
are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1029, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 21, 2014, ISSUE DATE
JANUARY 30, 2014.
1. RESTRICTIVE COVENANTS: CABINET A, SLIDE 250 (ACTUAL SLIDES 350-352), PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, SUBJECT TO.
10E. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENT FILED UNDER VOLUME 234, PAGE 134, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED.
F. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENT FILED UNDER VOLUME 299, PAGE 385, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED,
KF o 1
" .
wo
1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT `
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT � go*s.aw,e►««w«��s«+►aarr«r
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A t" M,z wP',IEN'A "
SURVEY MADE ON THE GROUND UNDERMY DIRECTION AND
SUPERVISION. -�
CAA Z4 su
M. STEPHEN TRUESDALE DATE.
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SODARE FEET
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC ACQUISITION 0.256 11, 162
FIRM REGISTRATION NO. 100591-00 CALL/DEED AREA 0.461 20
1504 CHISHOLM TRAIL ROAD, SUITE 103 1072
ROUND ROCK, TX 78681 REMAINDER AREA 0.205 8,910
IL L
CEL PLAT SHOWING PROPERTY OF
I N LA N Du
G ED D ETI CS , ► R ( U T ,Texas Department of Transportation
PROFESSIONAL LAND SURVEYORS
1sa4cHls D RO K,-r 78681.iQ3 CSJ # PROJECT PARCEL 19
ROUND ROCK,TX.786$1 COUNTYPH.(512)238-1260,FAx(slz)z3s-1zs1 0683-01-092 RM 620 W I LL I AMSON
B Page 1 of 4
EXHIBIT
County: Williamson
Parcel : 19-E
Highway: R. M. 620
PROPERTY DESCRIPTION FOR PARCEL 19-E
DESCRIPTION OF A 0.058 ACRE (2,509 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 1 OF THE LITTLE OAK ADDITION SUBDIVISION RECORDED IN CABINET A, SLIDES 350-352
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND CONVEYED TO ARDALIA E.
MARTIN, TRUSTEE BY INSTRUMENT RECORDED IN VOLUME 1259 PAGE 83 OF THE DEED
RECORDS OF.WILLIAMSON COUNTY, TEXAS, SAID 0.058 ACRE (2,509 SQUARE FOOT)TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 'YZ" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type 11
monument), 150.53 feet right of proposed R.M. 620 baseline station 491+93.02, being the proposed
southerly ROW line of R.M. 620 (ROW width varies), being the existing easterly right-of-way (ROW) line
of Brentwood St. (50' ROW width), same being the westerly boundary line of said Lot 1, for the
northwesterly corner and POINT OF BEGINNING of the herein described tract;
THENCE, departing said easterly ROW line of Brentwood St., through the interior of said Lot 1, with said
proposed southerly ROW line, the following three(3)courses:
1) N 57°17'52" E for a distance of 18.34 feet to 'Y2" iron rod with TxDOT aluminum cap set (to be
replaced with TxDOT Type Il monument), 137.37 feet right of proposed R.M. 620 baseline station
492+06.49, for an angle point of the herein described tract;
2) S 77042'08" E for a distance of 25.54 feet the to a 'Y2" iron rod with TxDOT aluminum cap set (to
be replaced with TxDOT Type 11 monument), 136.81 feet right of proposed R.M. 620 baseline
station 492+33.33, for a point of curvature to the right of the herein described tract;
3) Along said curve to the right, having a delta angle of 03050'33", a radius of 1976.00 feet, an arc
length of 132.52 feet, and a chord which bears S 75046'51" E for a distance of 132.50 feet to a
'Y2" iron rod with TxDOT aluminum cap set, 134.41 feet right of proposed R.M. 620 baseline
station 493+72.56, being the westerly boundary line of Lot 1 of The Commons subdivision
recorded in Cabinet G, Slide 81 of the Plat Records of Williamson County Texas, same being the
easterly boundary line of said Lot 1 (Little Oak Addition subdivision), for the most northeasterly
corner of the herein described tract;
4) THENCE, departing said proposed southerly ROW line of R.M. 620, with the common boundary
line of said Lot 1 (The Commons subdivision) and Lot 1 (Little Oak Addition subdivision),
S 01°5558" E for a distance of 15.78 feet to a calculated point, for the most southeasterly corner
of the herein.described tract;
Parcel 19-E Page 2 of 4
THENCE, departing the westerly boundary line of said Lot 1 (The Commons subdivision), through the
interior of said Lot 1 (Little Oak Addition subdivision)the following two(2)courses:
5) Along a curve to the left, having a delta angle of 03159'08", a radius of 3,961.00 feet, an arc
length of 136.41 feet, and a chord which bears N 75°4233" W for a distance of 136.38 feet to a
calculated point of tangency;
6) N 77042'08"W for a distance of 37.78 feet to a calculated point, being the westerly boundary line
of said Lot 1, (Little Oak Addition subdivision), same being the easterly ROW line of said
Brentwood St., for the southwesterly corner of the herein described tract and from which a'/a" iron
rod found, being the northwesterly corner of Lot 2 of said Little Oak Addition subdivision, same
being the southwesterly corner of said Lot 1 (Little Oak Addition subdivision) bears S 07°30'27" E
at a distance of 73.11 feet;
7) THENCE, with the existing easterly ROW line of said Brentwood St., same being the westerly
boundary line of said Lot 1 (Little Oak Addition subdivision), N 07°30'27" W for a distance of 2.16
feet to the POINT OF BEGINNING, containing 0.058 acres (2,509 square feet) of land, more or
less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83,
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County, Texas.
M. Stephen Truesdale Oate
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC OF
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681 ••�...��,.� ••
e M.STEPHEN wrasa
X33'
EXHIBIT "B "
PLAT TO ACCOMPANY PARCEL DESCRUMON 04/01/14
PAGE 3 OF 4
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
CI 03°50' 33" 1976.00' 132. 52' 1 32. 50' S750 46'5 1 "E
(C3) (95. 2' ) (S84°56"E)
C2 03°59'08" 1961 .00' 136. 4 1 ' 1 36. 38' N75°42'33"W
NUMBER DIRECTION DISTANCE N
LI N57' 17'52" E 1 8. 34'
L2 S770 42'08"E 25. 54'
Fx�ST�NC L3 S01°55'58"E 1 5. 78'
L4 N77" 42'08"W 37. 78'
L5 N070 30'27"W 2. 16' 0 25 50
49/.[0 __ 1 " = 50'
Qs200 ROPOS�`M_,
620 94 S fC I Ne
R. M. 49.3
93 00 \�
rR
O.W. "fork 6 0
es,
4941 0
LOT 25 o cu Fx,Sr�Nc .
R.0.
co_. 3)
wo o
S86- 13,C
68.s,)
S01°55'58"E
10.00,
R.O,W. STA. 492.06.49 ALUMINUM
EXISTING' �� 137.37' RT 19-E �Lu EXISTING R.O.W.
P.0. B. Ln STA. 492433.33
PARCEL 19-E L _-o z 136.8Tr RT 0.058 AC. m��
Gt E o WODUi ST 550.5391893.02 0 ` o PROPOSfO R q 2.509 S0. FT. o Ln o0
Ld q ` o
R.0.W. _ _
EX l ST I NG cn
6 -- LOT I �. '+ STA. 493*72.56
1•- p- C2 '` 1 34.4 1' RT
ul1= z M rr ARDAL I A E. MART I N,
�o r` TRUSTEE PROPOSED 15'
ul 03: I VOL. 1259, PG. 83 EASEMENT
w 03 D.R.W.C. T. SOI°55'58"E
5. 65'
z°` f \�P THE LOT I
LOT 26
COMMONS
CAB. G, SLD. 81
m� 3 LOT 2 P. R.W. C.T.
0� LITTLE OAK ADDITION
z CAB. A,, SL. 350-352 LOT I
P. R.W.C.T. P.0. B.
Ln
PARCEL 19-E
x STA. 491+93.02
w 150.53' RT �0 1 9-E
J
L4
DETAIL "A"
N. T. S.
61 PARCEL PLAT SHOWING PROPERTY OF
I N L A N D u T,
Texas Department of Transportation
GEODETICS .i ARDAL I A E. MARTIN, TRUSTEE ° 2003
PROFESSIONAL LAND SURVEYORS
1504 CHIS TRAIL R 103
ROUNDD ROCK,7X.78868181 SCALE CSJ PROJECT COUNTY PARCEL 19-E
ROCK,
PH.(512)238-1204,FAX(5 12)239-1251 = 50' RM 620 W I LL I AMSON
B
EXHIBIT
PLAT TO kCCOMPANY PARCEL DESCRIPTION 04/01/14
PAGE 4 OF 4
LEGEND
■ TXDOT TYPE I CONCRETE MONUMENT FOUNDPROPERTY LINE
C] Ill" IRON ROD SET W/ TXDOT ALUMINUM CAP ) RECORD INFORMATION
TO BE REPLACED BY TYPE II MONUMENT LINE BREAK
E-j- TXDOT TYPE 11 CONCRETE MONUMENT FOUND N LAND HOOK
P.O. B. POINT OF BEGINNING
If2" IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE
� Il2" IRON ROD FOUND 'N/PLASTICN.T.S. NOT TO SCALE/PLASTIC CAP p, R.W.c.T. DEED RECORDS
Q COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O. R.W.C. T. OFFICIAL RECORDS
60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS
CALCULATED POINT O.P. R.W. C. T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
Q X112" IRON ROD W/ ALUMINUM CAP P. R.W.C. T. PLAT RECORDS
STAMPED '*TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates
are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1029, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 21, 2014, ISSUE DATE
JANUARY 30, 2014.
1. RESTRICTIVE COVENANTS: CABINET A, SLIDE 250 (ACTUAL SLIDES 350-352), PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, SUBJECT TO.
IDE. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENT FILED UNDER VOLUME 234, PAGE 134. OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED.
F. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENT FILED UNDER VOLUME 299, PAGE 385, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT'BE LOCATED.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A OF
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND **+•*�*»
SUPERVISION. red
Jot
M.MPHEN TAIJEWALE
4933
M. STEPHEN- T UESDALE DATE: I. 0,r
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
�8i#11*}fie!
LICENSED STATE LAND SURVEYOR
INLAND GEODET I CS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
v
I N L A NPARCEL PLAT SHOWING PROPERTY OF Texas Department or Transportation
[�
GE+OQETICS u ARDAL I A E. MARTIN, TRUSTEE t7 2003
PROFESSIONAL LAND SURVEYORS
1504CHISTRAIL RD.STE.103 COUNTY PARCEL 19—E
ROUNDDROCK,
ROCK,TX.78681 SCALE CSJ # PROJECT
PH.(512)238-1200,FAX(512)238-3251 I =t 50. RM 620 WILLIAMSON
EXHIBIT "C"
Notice of Confidentiality Rights: If you are a natural person,you may remove or strike any of the
following information from this instrument before it is filed in the public records: your Social
Security Number or your Driver's License Number.
A
arWWidn
Form ROW-N-14
(Rev.07/13)
Page 1 of 3
DEED
RM 620 Right of Way
TxDOT ROW CSJ: 0683-01-092
TxDOT Parcel No.: 19
Grantor(s), whether one or more: FRANK E. MARTIN III, Independent Executor of the Estate of Ardalia Ellen
Stark Martin,Deceased
Grantor's Mailing Address(including county):
8514 Cele Road
Manor,Texas 78653
Travis,County
Grantee: THE STATE OF TEXAS,acting by and through the Texas Transportation Commission
Grantee's Authority:
The Texas Transportation Conunission is authorized under the Texas Transportation Code to purchase land
and such other property rights(including requesting that counties and municipalities acquire highway right of
way)deemed necessary or convenient to a state highway or turnpike project to be constructed,reconstructed,
maintained, widened, straightened, or extended, or to accomplish any purpose related to the location,
construction, improvement, maintenance, beautification, preservation, or operation of a state highway or
turnpike project.
The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203
to acquire or request to be acquired such other property rights deemed necessary or convenient for the
purposes of operating a state highway or turnpike project,with control of access as necessary to facilitate the
flow of traffic and promote the public safety and welfare on both non-controlled facilities and designated
controlled access highways and turnpike projects.
Grantee's Mailing Address(including county):
Texas Department of Transportation
Attn: Right of Way Administrator
7901 N.IH 35
Austin,Texas 78761
Consideration;
The sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration to Grantor in hand
paid by the City of Round Rock,receipt of which is hereby acknowledged,and for which no lien is retained,
either expressed or implied.
* N14 *
Form ROW-N-14
(Rev.07/13)
Page 2 of 3
Property:
All of that certain tract or parcel of land in Williamson County, Texas,being more particularly described in
the attached Exhibit A(the"Property").
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made by Grantor and accepted by Grantee subject to the following:
1. Visible and apparent easements not appearing of record.
2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any
overlapping of improvements which a current survey would show.
3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property,but only to the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and
assigns,to take and use all other minerals and materials thereon,therein and thereunder.
Grantor is retaining title to the following improvements ("Retained Improvements") located on the
Property,to wit: NONE
And for the same consideration described above, and upon the same conditions, Grantor does hereby
bargain, sell and convey unto the State of Texas that portion of the following improvements located on
the remaining property out of which the above described premises were originally a portion, to wit: Brick
Veneer Residence,Brick Veneer Garage.
Access on and off Grantor's remaining property to and from the State highway facility shall be permitted
except to the extent that such access is expressly prohibited by the provisions set out in Exhibit"A". Grantor
acknowledges that such access on and off the State highway facility is subject to regulation as may be
detennined by the Texas Department of Transportation to be necessary in the interest of public safety or by
applicable local municipal or county zoning,platting or pernlitting requirements.
GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's
successors and assigns forever. Grantor binds Grantor and Grantor's heirs,successors and assigns to Warrant
and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against
every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
This Deed is being delivered in lieu of condemnation.
EXECUTED on the date(s)of acknowledgement indicated below.
Form ROW-N-14
(Rev.07/13)
Page 3 of 3
GRANTOR:
Frank E.Martin III,Independent Executor of the Estate of
Ardalia Ellen Stark Martin,Deceased
Acknowledgement
State of Texas
County of
This instrument was acknowledged before me on
by Frank E.Martin III,in the capacity and for the purposes and consideration recited herein.
Notary Public—State of Texas
EXHIBIT 111)"
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That FRANK E. MARTIN III, Independent Executor of the Estate of Ardalia Ellen Stark Martin,
Deceased, whose current address is 8514 Cele Road, Manor, Texas 78653, and his successors and
assigns, ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS,a municipal corporation
situated in the County of Williamson and State of Texas ("Grantee"),the receipt and sufficiency of which
is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and
interests in the nature of a perpetual public utility easement and right-of-way in,upon, over,under, above
and across the following described property(the"Property"),to-wit:
All of that certain 0.058 acre (2,509 SF) parcel of land situated in the J.M. Harrell Survey,
Abstract No. 284; and being more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes (Parcel 19PUE).
The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the
purposes of location,placement,relocation, construction, operation,enlargement,maintenance, alteration,
repair, rebuilding, removal and patrol of public utilities, to-wit: electric transmission and distribution
lines, telecommunication and cable television lines, water lines, natural gas lines, wastewater
lines, sanitary sewer lines, connecting lines, access facilities and related equipment, stormwater
lines, drainage systems and structures, all necessary conduits, valves, vaults, manholes,
ventilators and appurtenances, storm sewers and collection facilities, drainage pipes and all other
subsurface drainage structures, and any necessary accessories, or operations.
This conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove described property to the extent,and only to the extent, that the same may still
be in force and effect and shown of record in the office of the County Clerk of Williamson County,
Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual,
provided however that said easement,rights, and privileges shall cease and revert to Grantor in the event
the utilities are abandoned,or shall cease to be used, for a period of five(5)consecutive years.
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive, and
Grantor covenants not to convey any other easement or conflicting rights within the premises covered by
this grant, without the express written consent of Grantee, which consent shall not be unreasonably
withheld. Grantee shall have the right to review any proposed easement or conflicting use to detennine
the effect, if any, on the utilities contemplated herein. .Prior to granting its consent for other easements,
Grantee may require reasonable safeguards to protect the integrity of the utilities thereon.
00378430.DOCX
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any
and all purposes which do not interfere with and prevent the use by Grantee of the easement, including
the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks,
gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the
easement any building or other structure such as a patio, swimming pool, sport court, storage shed,
accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any
reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over
the facilities. Grantee shall not be responsible or liable for the removal,repair or damage to any property,
structure, building, or other use inconsistent with the rights conveyed to Grantee by the Easement;
provided, however, before constructing any improvements, at least ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the easement, and
Grantor must first obtain the consent and approval from Grantee of the construction and location of any
improvements within the easement.
Grantee shall have the additional right to temporarily enter upon the remaining property of
Grantor if necessary for removing portions of any improvements which are bisected by the acquisition of
the Property or otherwise acquired or damaged by Grantee, and for cutting any additional bisected or
damaged improvements which are retained by Grantor at the line of bisection or as closely as possible
thereto in order to maintain the structural integrity of the remaining improvement, and for no other
purpose.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any
damage it shall do to Grantor's private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the rights of ingress and egress or by
any wrongful or negligent act or omission of Grantee's agents or employees in the course
of their employment.
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility easement for the purposes stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns, forever, together with all and singular all usual and customary rights thereto in anywise
belonging, and together with the right and privilege at any and all times to enter said premises, or any part
thereof,for the purpose of constructing or maintaining said utilities and for making connections therewith,
and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT
AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of
Round Rock,Texas, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of ,2017.
GRANTOR:
Frank E.Martin III,Independent Executor
of the Estate of Ardalia Ellen Stark Martin,Deceased
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 20171 by Frank E. Martin III, in the capacity and for the purposes and
consideration therein expressed.
Signature
Printed Name
Notary Public, State of Texas
00378430.DOCX