R-10-08-12-9C1 - 8/12/2010RESOLUTION NO. R -10-08-12-9C1
WHEREAS, the City desires to purchase certain property interests necessary for the Chisholm
Trail Improvement Project, and said tracts are described as follows ("Property"): All of that certain
0.0077 acre tract of land (Parcel 19, Part 1); All of that certain 0.3978 acre tract of land (Parcel 19, Part
4); Subsurface drainage easement interest in and under that certain 0.0414 acre tract of land (Parcel
19E, Part 3); Slope easement interest in and across that certain 0.0290 acre tract of land (Parcel 19E,
Part 4); Open channel drainage easement interest in and across that certain 0.0898 acre tract of land
(Parcel 19E, Part 9); and all of that certain 0.0069 acre tract of land (Parcel 19, Part 2), and
WHEREAS, Chisholm Trail Developers Venture, Ltd., 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 Chisholm Trail Developers Venture, Ltd., 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 12th day of August, 2010.
m✓V
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
CgivAA lattt
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\ 1005\MUNICIPAL\00199234.DOC/rmc
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHISHOLM
TRAIL DEVELOPERS VENTURE, LTD., 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 ("Property"):
All of that certain 0.0077 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 19, Part 1); and
All of that certain 0.3978 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "B", attached hereto and
incorporated herein (Parcel 19, Part 4); and
Subsurface drainage easement interest in and under that certain 0.0414 acre tract
of land, more or less, situated in the David Curry Survey, Abstract No. 130, in
Williamson County, Texas; being more fully described by metes and bounds as
shown in Exhibit "C", attached hereto and incorporated herein (Parcel 19E, Part
3); and
Slope easement interest in and across that certain 0.0290 acre tract of land, more
or less, situated in the David Curry Survey, Abstract No. 130, in Williamson
County, Texas; being more fully described by metes and bounds as shown in
Exhibit "D", attached hereto and incorporated herein (Parcel 19E, Part 4); and
Open channel drainage easement interest in and across that certain 0.0898 acre
tract of land, more or less, situated in the David Curry Survey, Abstract No. 130,
in Williamson County, Texas; being more fully described by metes and bounds as
shown in Exhibit "E", attached hereto and incorporated herein (Parcel 19E, Part
9).
CTD(19)--Real estate contract (part 14 E3E4E92) (00174460)
EXHIBIT
„A»
All of that certain 0.0069 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "F", attached hereto and
incorporated herein (Parcel 19, Part 2).
This purchase also includes any improvements and fixtures situated on and attached to the
Property which are not removed by Seller, for the consideration and upon and subject to the
terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of NINETY ONE THOUSAND
AND FOUR HUNDRED ONE and 00/100 Dollars ($91,401.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
Special Provisions
2.03. As an obligation which shall survive the closing of this transaction, prior to the
beginning of roadway construction for the expansion of the Chisholm Trail/Chisholm Parkway
road widening improvements, Purchaser agrees to reconstruct temporary and/or permanent
fencing along the boundary of the remaining property of Seller in the locations as shown in detail
on Exhibit "G" attached hereto. The fencing construction shall be in compliance with the notes
and specifications for TxDoT barbed wire with metal post fencing and Type 1 gates, as shown in
further detail on Exhibit "H" attached hereto. Seller agrees to provide any necessary temporary
construction easement to Purchaser or its contractors necessary to carry out the obligations of this
paragraph.
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.):
2
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
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 current actual knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
The Property herein is being conveyed to Purchaser under threat of condemnation.
3
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before August 15, 2010, or at
such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the
completion of any title curative matters if necessary for items as shown on the Title Commitment
(which date is herein referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title to all of the Property as shown in Exhibits "A", "B" and
"F", deliver a duly executed subsurface drainage easement in and under the portion of the
Property shown in Exhibit "C", deliver a duly executed slope easement in and across the portion
of the Property shown in Exhibit "D", and deliver a duly executed open channel drainage
easement in and across the portion of the Property shown in Exhibit "E", free and clear of any and
all liens and encumbrances, 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 form of the deed shall be as shown in Exhibit "I" attached hereto. The form of the
subsurface drainage easement shall be as shown in Exhibit "J" attached hereto. The form of the
slope easement shall be as shown in Exhibit "K" attached hereto. The form of the open channel
drainage easement shall be as shown in Exhibit "L" attached hereto.
(2) If requested, 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 Purchaser's drainage easement interest 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;
4
(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 if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, 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.
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.
5
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.
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
amount of FIVE HUNDRED and 00/100 Dollars ($500.00) from the Purchaser, 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 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.
6
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.
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, both 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.
Possession and Use Agreement
8.10 If necessary for beginning of the roadway project contemplated to be constructed
upon the Property, Seller agrees to allow Purchaser to use and possess the Property for the
purpose of relocating utilities, drainage or water quality facilities, and/or constructing or
improving a public road and related facilities, upon full execution of this contract and deposit of
the Purchase Price with the Title Company. Purchaser agrees to execute a separate Possession
and Use Agreement document suitable for recording if requested by Purchaser.
7
Effective Date
8.11 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
SELLER:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.,
a Texas limited partnership
By: HiJolly Inc., a Texas corporation,
Its Gene. Part :r
By: /(.
Address: )--1( LII�I�CY,�
David C. B • denman
President 41A fr(")i 'Ili g4i°
Date: SiLV 14( WI
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
8
EXHIBIT
Page 1 of 3
ROW
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 19 (PART 1)
DESCRIPTION OF 0.0077 OF ONE ACRE (336 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0077 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the east corner of this tract, sante
being in the north line of said Chisholm Trail Developers tract and the existing south
right-of-way (ROW) line of Chisholm Parkway, said Chisholm Parkway being described
in Volume 1322, Page 207, Official Records, Williamson County, Texas, from which a
1/2" iron rod found in the north line of Chisholm Trail Developers tract and the existing
south ROW line of Chisholm Parkway bears N61°21'59"E 229.20 feet;
1) THENCE, with the southeast line of this tract, crossing said Chisholm Trail
Developers tract, S30°01'29"W 36.67 feet to a 1/2" iron rod set with a plastic cap at
the south corner of this tract, same being in the west line of said Chisholm Trail
Developers tract and the existing east ROW line of Chisholm Trail and the east line
of the tract described as 0.307 of one acre for ROW in a deed to the City of Round
Rock, of record in Document Number 2003093096, Official Public Records,
Williamson County, Texas;
2) THENCE, with the west line of this tract and crossing said Chisholm Trail Developers
tract and the existing east ROW line of said Chisholm Trail and the east line of said
0.307 of one acre City of Round Rock tract, N14°47'03"W 25.97 feet to a 1/2" iron
rod set with a plastic cap at the northwest corner of this tract and said Chisholm Trail
Developers tract, same being in the existing south ROW line of Chisholm Parkway;
THENCE, with the north line of this tract and crossing said Chishohn Trail Developers
tract and the existing south ROW line of Chisholm Parkway, the following two (2)
courses, numbered 3 and 4;
3) N75°07'25"E 23.17 feet to a 1/2" iron rod set with a plastic cap, and
EXHIBIT
Page 2 of 3
ROW
March 5, 2009
4) with a curve to the left whose intersection angle is 00°14'21, radius is 640.00
feet, an arc distance of 2.67 feet, the chord of which bears N75°00'15"E 2.67 feet
to the POINT OF BEGINNING and containing 0.0077 of one acre (336 square
feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
5111 day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78,731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ROW2) Issued 3/5/2009
RE: CITY OF ROUND ROCK
SK[ -H TO ACCOMPANY DESCRIPTION
OF' 0:._.,17 AC. OR 336 SQ. FT. OF LANs.
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
/
CHISHOLM PARKWAY
ROAD R.O.W. (80' R.O.W.)
UTILITY AND DRAINAGE
/5.p1'25°r" G2
/ N1 2 1 0'O
4,.
P.O.B.
CITY OF ROUND ROCK
RIGHT-OF-WAY DEED
DOC. 2003093096
0.P.R.W.C.
(0.307 AC.)
PART 1
0.0077 AC.
336 SQ.FT.
EASEMENT j
EXHIBIT "A" tG3
VOL. 1322, PG. 207 C'1
0.R.1Y.C.
SCALE 1" = 20'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
CURVE/TABLE
CURVE
LENGTH
RADIUS
DELTA /
TANGENT
BEARING
CHORD
C1
302.00
640.00
27'02'10"
153.86
N6111'59"E
299.20
C2
2.67
640.00
0014'21`
1.34
N75400'15"E
2.67
(C3)
(304.66}
(640.00)
(27'16'30")
(S62'49'15"W)
(301.80)
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID '
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENE , AN OWNERSHIP AND EASEMENT
REPORT.
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CTOV_ROW2.DWG
LEGEND
® 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY'
P.0.8. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILUAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
MQGRAY & MCGRAY
LAND SURVEYORS, INC.
3301 HANCOCKIDRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
a
EXHIBIT
3
Page 1 of 3
Drainage Fee Area
August 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 19 (PART 4)
DESCRIPTION OF 0.3978 OF ONE ACRE (17,329 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.3978 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County,
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following six (6) courses, numbered 1 through 6;
1) N75°15'37"E 29.93 feet to a 1/2" iron rod set with a plastic cap;
2) S39°30'53"E 83.84 feet to a 1/2" iron rod set with a plastic cap,
3) S14°47'03"E 28.84 feet to a 1/2" iron rod set with a plastic cap;
4) N75°12'57"E 19.57 feet to a 1/2" iron rod set with a plastic cap for the easterly
northeast corner of this tract;
5) S14°47'03"E 140.00 feet to a 1/2" iron rod set with a plastic cap for the southeast
corner of this tract; and
6) S75°12'57"W 84.57 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chisholm Trail Developers
tract and the east line of Chisholm Trail and the existing east ROW line of
Chisholm Trail and the east line of said 0.307 acre City of Round Rock tract from
which a 1/2" iron rod found at the southwest corner of said Chisholm Trail
Developers tract and the northwest corner of Lot 1, Block A, Anchor One, a
subdivision of record in Cabinet P, Slide 120-121, Plat Records, Williamson
County, Texas and the northwest corner of that tract described in a deed to
EXHIBIT
Page 2 of 3
Drainage Fee Area
August 13, 2009
Frieling and Samuels Investments, of record in Document Number 2000006036,
Official Public Records, Williamson County, Texas bears S14°47'03"E 598.13
feet and from which a 1/2" iron rod found at the northeast corner of said Lot 1 and
said Frieling and Samuels tract bears S14°47'03"E 598.13 feet and N68°45'19"E
558.21 feet;
7) THENCE, with the west line of this tract and said Chisholm Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east line of said 0.307 acre
City of Round Rock tract, N14°47'03'W 245.01 feet to the POINT OF BEGINNING
and containing 0.3978 of one acre (17,329 square feet) within these metes and
bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
13th day of August, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_Purchase 2)
Issued 4/8109, Revised 8/13/09
SK—CH TO ACCOMPANY DESCRIPTION
OF 0._, 8 AC. OR 17,329 SQ. FT. OF 'L...D
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
P.O.B.
l
• o
•• 970n-
r-w1�
o 011
• 'y rn.{ N
9c°U
kvii
0
0
•
84.51
0
0
RE: CITY OF ROUND ROCK
SCALE 1" = 100' ——
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
PART 4
0.3978 AC.
17,329 SQ.FT.
DAVID CURRY SURVEY
ABSTRACT NO. 130
LINE TABLE
LINE
BEARING
LENGTH
Ll
L2
L3
N75'15'37'E
S14'47113'E
N75.12'57'E
29.93
28.84
19.57
67_4"11 561a ZS
SN68 ,519 -
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABUSHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RRO1 —002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RRO1-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT Ia _OF AN OWNERSHIP AND EASEMENT
REPORT. OF
08/13/09
CHRI O RAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through on original seal appears on Rs face. There is a description to
accompany this plot.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CTDV_PURCHASE2_REV1.DWG
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, 81s. 120-121
:IA) P.R.W.C.
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036 0.P.R.W.C.
LEGEND
O 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
REVISED: 08/13/09
ISSUED: 04/08/09
PAGE 3 OF 3
MCGRAY 8c MCGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: OB -112
EXHIBIT
C
Page 1 of 3
Drainage Easement
Subsurface Area
April 8, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 3)
DESCRIPTION OF 0.0414 OF ONE ACRE (1,803 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISIIOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0414 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County,
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following three (3) courses, numbered 1 through 3;
1) N75°12'57"E 15.00 feet to a 1/2" iron rod set with a plastic cap for the northeast
corner of this tract;
2) S14°47'03"E 120.23 feet to a 1/2" iron rod set with a plastic cap for the southeast
corner of this tract; and
3) S75°15'52"W 15.00 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chisholm Trail Developers
tract and the existing east ROW line of Chisholm Trail and the east line of said
0.307 acre City of Round Rock tract from which a 1/2" iron rod found at the
southwest corner of said Chisholm Trail Developers tract and the northwest corner
of Lot 1, Block A, Anchor One, a subdivision of record in Cabinet P, Slide 120-
121, Plat Records, Williamson County, Texas and the northwest corner of that
tract described in a deed to Frieling and Samuels Investments, of record in
Document Number 2000006036, Official Public Records, Williamson County,
Texas bears S14°47'03"E 477.91 feet and from which a 1/2" iron rod found at the
northeast corner of said Lot 1 and said Frieling and Samuels tract bears
S14°47'03"E 477.91 feet and N68°45' 19"E 558.21 feet;
EXHIBIT
Page 2 of 3
Drainage Easement
Subsurface Area
April 8, 2009
4) THENCE, with the west line of this tract and said Chisholm Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east line of said 0.307 acre
City of Round Rock tract, N14°47'03'W 120.22 feet to the POINT OF BEGINNING
and containing 0.0414 of one acre (1,803 square feet) within these metes and bounds,
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
COUNTY OF TRAVIS
§
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
8th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512) 451-8591
/' OF
H; / k
1 �IS CsNra, ,i/
90 b23 : f
Chris Conrad, Reg. Professional Lan • Surveyor No. 5623 �wti �SUR`1
Note: There is a plat to accompany this description. (CTDV ESMT4) �' �.-...
Issued 4/8/09
•
Q°
1000 •'
/
SIflCH TO ACCOMPANY DESCRIPTION
OF 0:, X14 AC. OR 1,803 SQ. FT. OF
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
• .0
P.O.B. • LA
n ti • 1
13 UTOOvA
Pi
cA
W3vri
CP
LINE TABLE
LINE
BEARING
LENGTH
LI
L2
N75'12'57'E
S75'15'52'W
15.00
15.00
O
p N
O
: n
N Z� . _40
W 1
Nf W 1 G
• • •y•
•
��0
.Oi o O terctoo .
•
9 (N
N
0
RE: CITY OF ROUND ROCK
SCALE 1" = 100' —44—
I/
CHISHOLM
4—
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
PART 3
0.0414 AC.
1,803 SQ.FT.
DAVID CURRY SURVEY
ABSTRACT NO. 130
4,1 05605
84ky�9 5g82,
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
130 P.R.W.C.
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036 0.P.R.W.C.
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE. NAD83 (93 HARM) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39. AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N1504'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFD' eF AN OWNERSHIP AND EASEMENT
REPORT.
04/08/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through on original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM--RTG\DWG\PARCELS\C7DV ESMT4_REV1.DWG
LEGEND
0 1/2" IRON ROD FOUND
p 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBUC RECORDS
WILUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 04/08/09
PAGE 3 OE 3
McGRAY & MOORAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
Page 1 of 3
Slope Easement
April 08, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 4)
DESCRIPTION OF 0.0290 OF ONE ACRE (1,262 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0290 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County, Texas;
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following three (3) courses, numbered 1 through 3;
1) N75°15'37"E 10.00 feet to a 1/2" iron rod set with a plastic cap for the northeast
corner of this tract;
2) S14°47'03"E 126.15 feet to a 1/2" iron rod set with a plastic cap for the southeast
corner of this tract; and
3) S75°15'37"W 10.00 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chisholm Trail Developers
tract and the existing east ROW line of Chishohn Trail and the east line of said
0.307 acre City of Round Rock tract, from which a 1/2" iron rod found at the
southwest corner of said Chisholm Trail tract and the northwest corner of Lot 1,
Block A, Anchor One, a subdivision of record in Cabinet P, Slide 120-121, Plat
Records, Williamson County, Texas and the northwest corner of that tract
described in a deed to Frieling and Samuels Investments, of record in Document
Number 2000006036, Official Public Records, Williamson County, Texas bears
S14°47'03"E 843.14 feet and from which a 1/2" iron rod found at the northeast
corner of said Lot 1 and said Friedling and Samuels tract bears S14°47'03"E
843.14 feet and N68°45' 19"E 558.21 feet;
EXHIBIT
Page2of3
Slope Easement
April 08, 2009
4) THENCE, with the west line of this tract and said Chisholm Trail Developers
tract and the existing east ROW line of Chisholm Trail and the east line of said
0.307 acre City of Round Rock tract, N14°47'03"W 126.15 feet to the POINT
OF BEGINNING and containing 0.0290 of one acre (1,262 square feet) within
these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That 1, Chris Conrad, 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 Austin, Travis County, Texas, this the
8`h day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV ESMT3)
Issued 3/5/2009; Revised 4/8/09
SIf''TCH TO ACCOMPANY DESCRIPTION. ,
OF 0....90 AC. OR 1,262 SQ. FT. OF Lk. J
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
LINE TABLE
LINE
BEARING
LENGTH
Ll
N75.15'37'E
10.00
L2
S75'15'37'1./
10,00
/-O
rn
RE: CITY OF ROUND ROCK
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABUSHED FROM CIN OF ROUND ROCK CONTROL
MONUMENTS, "RRO1 -002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BEN E,Ei , ? AN OWNERSHIP AND EASEMENT
REPORT.
23 Q-;
SURNl
orf 04/08/09
CHRIS GONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is o description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_ESMr3_REV1.DWG
PART 4
0.0290 AC.
1,262 SQ.FT.
en
62kr4 503''1
($60- h519
N68
14)
`r'�ST LOT 1
y El BLOCK A
01' ANCHOR ONE
14CAB. P, SL. 120-121
P.R.W.C.
FRIEUNG AND SAMUELS
INVESTMENTS
DOC. 2000006036
0.P.R.W.C.
LEGEND
A 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILUAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C.
SURVEYED BY:
REVISED: 0009
ISSUEO: 03/05/09
PAGE 3 OF 3
MCGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT
Page 1 of 3
Drainage Easement
Channel Area
April 8, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 9)
DESCRIPTION OF 0.0898 OF ONE ACRE (3,914 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0898 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County,
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following five (5) courses, numbered 1 through 5;
1) N75°15'52"E 15.00 feet to a 1/2" iron rod set with a plastic cap for the northeast
corner of this tract;
2) S14°47'03"E 63.79 feet to a 1/2" iron rod set with a plastic cap;
3) S45°17'32"E 93.38 feet to a 1/2" iron rod set with a plastic cap;
4) S44°42'28"W 33.23 feet to a 1/2" iron rod set with a plastic cap; and
5) N45°17'32"W 66.53 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chisholm Trail Developers
tract and the existing east ROW line of Chisholm Trail and the east line of said
0.307 acre City of Round Rock tract from which a 1/2" iron rod found at the
southwest corner of said Chisholm Trail Developers tract and the northwest corner
of Lot 1, Block A, Anchor One, a subdivision of record in Cabinet P, Slide 120-
121, Plat Records, Williamson County, Texas and the northwest corner of that
tract described in a deed to Frieling and Samuels Investments, of record in
Document Number 2000006036, Official Public Records, Williamson County,
Texas bears S14°47'03"E 374.11 feet and from which a 1/2" iron rod found at the
northeast corner of said Lot 1 and said Frieling and Samuels tract bears
S14°47'03"E 374.11 feet and N68°45'19"E 558.21 feet;
EXHIBIT
Page 2 of 3
Drainage Easement
Channel Area
April 8, 2009
6) THENCE, with the west line of this tract and said Chisholm Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east line of said 0.307 acre
City of Round Rock tract, N14°47'03'W 103.80 feet to the POINT OF BEGINNING
and containing 0.0898 of one acre (3,914 square feet) within these metes and bounds,
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
COUNTY OF TRAVIS
§
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
8th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_BSMT11)
Issued 4/8/09
SIf''TCH TO ACCOMPANY DESCRIPTION
OF O...98 AC. OR 3,914 SQ. FT. OF
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
RE: CITY OF ROUND ROCK
SCALE 1" = 100' -N-
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
LINE TABLE
LINE
BEARING
LENGTH
L1
L2
L3
N75.15'52`E
S44.42'28'W
N45'17'32'1"/
15.00
3323
66.53
PART 9
0.0898 AC.
3,914 SQ.FT.
A
``,N6650 558
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07. E=3126054.61. HAVING A GRID BEARING OF
N1504'02"W, AND A GRID DISTANCE OF 9359.82 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT Q, OWNERSHIP AND EASEMENT
REPORT.
S CeNR
r 23
4SUR`I�%`
04/08/09
CHRIS CO RAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal oppears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CTDV_ESMTI1.DWG
LOT 1
BLOCK A
ANCHOR ONE
CAE, P, SL. 120-121
94i
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036 0.P.R.W.C.
LEGEND
p 1/2" IRON ROD FOUND
0 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.0.8. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 04/08/09
PAGE 3 OF 3
MCGRAY & MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
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EXHIBIT
SPECIAL WARRANTY DEED
Chisholm Trail Roadway Project
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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 FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Chisholm Trail improvement project ("Project");
and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership,
hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of
Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell
and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and
being situated in the County of Williamson, State of Texas, being more particularly described as
follows:
All of that certain 0.0077 acre tract of land, more or less, out of the David Curry
Survey, Abstract No. 130, Williamson County, Texas, being more fully described by
metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein
(Parcel 19, part 1); and
All of that certain 0.3978 acre tract of land, more or less, out of the David Curry
Survey, Abstract No. 130, Williamson County, Texas, being more fully described by
metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein
(Parcel 19, part 4).
00174470.DOC
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, though, or under Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2009.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before me on this the day of the month of
, 2009, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
SUBSURFACE STORM SEWER DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
EXHIBIT
KNOW ALL BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its 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 ("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 underground storm sewer drainage
easement to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild,
repair, and remove public utility storm sewer drainage facilities and improvements, together with
the express right to maintain the easement area by clearing and removing vegetation, silt and
debris therefrom, in, under and across the following described property, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing a storm sewer
drainage easement consisting of 0.0414 acre of land out of and part of the David
Curry Survey, Abstract No. 130, Williamson County, Texas; and the said 0.0414
acre tract of land being more particularly described by metes and bounds as
indicated; and
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
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 storm sewer drainage lines,
facilities and related equipment, 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. All storm sewer
facilities of Grantee which are placed within the easement shall be located underground.
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 facilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
The easement, rights, and privileges granted herein are exclusive, and Grantor covenants
that it will not convey any other easement or conflicting rights within the area covered by this
grant without the express written consent of Grantee, which consent shall not be unreasonably
withheld.
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, but only if access to the easement
is not available from a public right of way; otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to Grantor;
provided that such right of ingress and egress shall not extend to any portion of
Grantor's property which is isolated from the easement by any public highway or
road now crossing or hereafter crossing the property.
(b) the right to mark the location of the easement by suitable markers set in. the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the
easement.
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)
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.
0ladasiSCClolsW119flA0191REALESTATED0174167.00C7ig
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 drainage ditches
and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like
uses or to dedicate all or any part of the surface of the property affected by this easement to any
city or county for use as a public street, road or alley; 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 amount of soil covering the pipelines. 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.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said public utility storm sewer
facilities; all upon the condition that Grantee will at all times after doing work in connection with
the construction or repair of said facilities restore the surface of said premises as nearly as is
reasonably possible to the condition in which the same was in before the work was undertaken.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
easement and rights and interests unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of , 2009.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
3
ACKNOWLEDGMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2009, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
4
SLOPE EASEMENT
Chisholm Trail Road Reconstruction
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
§ KNOW ALL MEN BY THESE PRESENTS:
THAT CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns ("Grantor"), for and in consideration of the sum of
TEN and no/100th DOLLARS ($10.00) and other good and valuable consideration paid by
the CITY OF ROUND ROCK, TEXAS, ("Grantee"), receipt of which is hereby
acknowledged, does hereby Grant, Sell, Donate and Convey, unto Grantee a permanent
easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct,
enlarge, relocate, rebuild, repair, and remove materials for slope and lateral support of the
adjacent Chisholm Trail roadway facilities and related appurtenances to wit:
See Exhibit "A" attached hereto and incorporated herein for all purposes, being a strip
of land containing approximately 0.0290 acres of land, more or less, out of the David
Curry Survey, Abstract No. 130, Williamson County, Texas; said area described in
further detail by metes and bounds in Exhibit "A" (the "Easement") (Parcel 19E, part
4).
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, shown of record in the office of the
County Clerk of Williamson County, Texas.
The Easement, rights, and privileges granted herein are exclusive, and Grantor
covenants that it will not convey any future easement or conflicting rights within the area
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 of the Easement to determine the effect, if any, on the road system
contemplated herein. Prior to granting its consent for other easements Grantee may require
reasonable safeguards to protect the integrity of the adjacent road system improvements.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width thereof and to extend the
cuts and fills for such grading into and on the land along. and outside the Easement to such
extent as Grantee may find reasonably necessary to match the grade of the adjacent property;
(b) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement.
Grantee hereby covenants and agrees:
(a) 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.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind himself, his heirs, successors
and assigns, and legal representatives, to warrant and forever defend, all and singular, the
above-described Easement and rights and interests unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2009.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before nie on this the day of the month of
, 2009, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
OPEN CHANNEL SURFACE DRAINAGE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns (hereinafter referred to as "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 Texas home -rule municipal
corporation (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual open
channel surface drainage easement and right-of-way to construct, install, operate, maintain,
inspect, reconstruct, rebuild, repair, and remove drainage facilities in the nature of an open
drainage channel, together with all rock, riprap, necessary equipment, improvements and
appurtenances thereto, in, upon, over, under, above and across the following described property
of Grantor, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing a 0.098 tract
of land out of the David Curry Survey, Abstract No. 130, Williamson County,
Texas; and said 0.098 acre being more particularly described by metes and
bounds as indicated; and
See "Sketch to Accompany Description" attached hereto and made a part hereof for all
intents and purposes hereunto and in any wise pertaining, showing such easement.
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.
Grantor shall not construct permanent improvements on the easement. Grantor shall
retain full use of the easement for any purpose not prohibited by the terms of this document and
not inconsistent with the easement herein granted unto Grantee.
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 said drainage channel is abandoned, or shall cease to be used, for a
period of five (5) consecutive years.
The easement, rights, and privileges granted herein are non-exclusive, but Grantor
covenants that it will not convey any other conflicting easement or conflicting rights within the
area covered by this grant. Grantee shall have the right to review any proposed easement or
conflicting use of the easement granted herein to determine the effect, if any, on the drainage
channel contemplated herein. Prior to granting its consent for other easements, Grantee may
request reasonable safeguards to protect the integrity of the drainage channel.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof;
(b) the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, but only if access from a public
right of way is not available; otherwise by such route or routes as shall occasion
the least practicable damage and inconvenience to Grantor; the foregoing right of
ingress and egress includes the right of Grantee to disassemble, remove, take
down, and clear away any fence, barricade, or other structure which obstructs,
prevents, or hinders Grantee's ingress to and egress from Grantor's property, and
should Grantee deem it necessary to so disassemble, remove, take down, or clear
away any such fence, barricade, or other structure, Grantee shall immediately
replace or restore Grantor's property to as similar a condition as reasonably
practicable as existed immediately prior to Grantee's actions pursuant to this
provision, unless said fence, barricade, or other structure is inconsistent with the
rights conveyed to Grantee herein; the foregoing right of ingress and egress, but
not the right of Grantee to disassemble, remove, take down, and clear away any
obstructing structure, applies during the period of construction as well as
otherwise. Upon entry and exit from the property, Grantee shall close and latch
every gate Grantee passes through immediately upon passage through such gate
so as to prevent the release of animals through the gate;
(c) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the easement and to trim and to cut down and
clear away any trees on either side of the easement which now or hereafter in the
opinion of Grantee may be a hazard to the drainage channel by reason of blockage
thereof, or which may otherwise interfere with the exercise of Grantee's rights
hereunder, provided, however, that all trees which Grantee is hereby authorized to
cut and remove, if valuable for timber or firewood, shall continue to be the
property of Grantor, but all tops, lops, brush and refuse wood shall be removed by
Grantee;
O:twdo SCCImst9119950000'AEALESTAT OOI74463.DOCljkg
2
(d) the right to nark the location of the easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or locations which
will not interfere with any reasonable use Grantor shall make of the easement.
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) Grantee shall indemnify Grantor against any loss and damage 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.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said drainage facilities, and for
making connections therewith; all upon the condition that Grantee will at all times after doing
work in connection with the construction or repair of said facilities restore the surface of said
premises as nearly as is reasonably possible to the condition in which the same was in before the
work was undertaken.
It is understood and agreed that any and all equipment and facilities placed upon said
property by Grantee shall remain the property of Grantee.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, and its successors and
assigns, and legal representatives, to warrant and forever defend, all and singular, the above-
described easement and rights and interests unto Grantee, 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 , 2009.
'signature page follows,
3
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before nie on this the day of the month of
, 2009, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
4
AFTER RECORDING RETURN TO:
5
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 9C1.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Chisholm
Trail Developers Venture, LTD. for the Chisholm Trail Project (Parcel 19, Part 1, 2, 4; Parcel
19E, Part 3, 4, 9).
Meeting Date: August 12, 2010
Department: Legal
Staff Person making presentation: Steve Sheets
City Attorney
Item Summary:
This is a request for execution of a Real Estate Contract with Chisholm Trail Developers Venture, Ltd. for the
Chisholm Trail Project (Parcel 19, Part 1,2,4; Parcel 19E, Part 3,4,9). The purchase price is equal to the appraised
value for these parcels.
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: $91,401.00
Source of Funds: 2002 General Obligation Bonds
Date of Public Hearing (if required): N/A
Recommended Action: Approve Real Estate Contract
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHISHOLM
TRAIL DEVELOPERS VENTURE, LTD., 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 ("Property"):
All of that certain 0.0077 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 19, Part 1); and
All of that certain 0.3978 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "B", attached hereto and
incorporated herein (Parcel 19, Part 4); and
Subsurface drainage easement interest in and under that certain 0.0414 acre tract
of land, more or less, situated in the David Curry Survey, Abstract No. 130, in
Williamson County, Texas; being more fully described by metes and bounds as
shown in Exhibit "C", attached hereto and incorporated herein (Parcel 19E, Part
3); and
Slope easement interest in and across that certain 0.0290 acre tract of land, more
or less, situated in the David Curry Survey, Abstract No. 130, in Williamson
County, Texas; being more fully described by metes and bounds as shown in
Exhibit "D", attached hereto and incorporated herein (Parcel 19E, Part 4); and
Open channel drainage easement interest in and across that certain 0.0898 acre
tract of land, more or less, situated in the David Curry Survey, Abstract No. 130,
in Williamson County, Texas; being more fully described by metes and bounds as
shown in Exhibit "E", attached hereto and incorporated herein (Parcel 19E, Part
9).
CTD(19)--Real estate contract (part 14 E3E4E92) (00174460)
All of that certain 0.0069 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "F", attached hereto and
incorporated herein (Parcel 19, Part 2).
This purchase also includes any improvements and fixtures situated on and attached to the
Property which are not removed by Seller, for the consideration and upon and subject to the
terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of NINETY ONE THOUSAND
AND FOUR HUNDRED ONE and 00/100 Dollars ($91,401.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
Special Provisions
2.03. As an obligation which shall survive the closing of this transaction, prior to the
beginning of roadway construction for the expansion of the Chisholm Trail/Chisholm Parkway
road widening improvements, Purchaser agrees to reconstruct temporary and/or permanent
fencing along the boundary of the remaining property of Seller in the locations as shown in detail
on Exhibit "G" attached hereto. The fencing construction shall be in compliance with the notes
and specifications for TxDoT barbed wire with metal post fencing and Type 1 gates, as shown in
further detail on Exhibit "H" attached hereto. Seller agrees to provide any necessary temporary
construction easement to Purchaser or its contractors necessary to carry out the obligations of this
paragraph.
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.):
2
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
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 current actual knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
The Property herein is being conveyed to Purchaser under threat of condemnation.
3
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before August 15, 2010, or at
such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the
completion of any title curative matters if necessary for items as shown on the Title Commitment
(which date is herein referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title to all of the Property as shown in Exhibits "A", "B" and
"F", deliver a duly executed subsurface drainage easement in and under the portion of the
Property shown in Exhibit "C", deliver a duly executed slope easement in and across the portion
of the Property shown in Exhibit "D", and deliver a duly executed open channel drainage
easement in and across the portion of the Property shown in Exhibit "E", free and clear of any and
all liens and encumbrances, 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 form of the deed shall be as shown in Exhibit "I" attached hereto. The form of the
subsurface drainage easement shall be as shown in Exhibit "J" attached hereto. The form of the
slope easement shall be as shown in Exhibit "K" attached hereto. The form of the open channel
drainage easement shall be as shown in Exhibit "L" attached hereto.
(2) If requested, 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 Purchaser's drainage easement interest 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;
4
(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 if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, 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.
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.
5
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.
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
amount of FIVE HUNDRED and 00/100 Dollars ($500.00) from the Purchaser, 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 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.
6
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.
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, both 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.
Possession and Use Agreement
8.10 If necessary for beginning of the roadway project contemplated to be constructed
upon the Property, Seller agrees to allow Purchaser to use and possess the Property for the
purpose of relocating utilities, drainage or water quality facilities, and/or constructing or
improving a public road and related facilities, upon full execution of this contract and deposit of
the Purchase Price with the Title Company. Purchaser agrees to execute a separate Possession
and Use Agreement document suitable for recording if requested by Purchaser.
7
Effective Date
8.11 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
SELLER:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.,
a Texas limited partnership
By: HiJolly Inc., a Texas corporation,
Its Gene. Part .r
By:C. kQ-4C '' Address: 7--1( ..StA411J(f.r01
Y�
David C. B . denman �
President fc(P �� �6/
Date: -SS iqt WI c?
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
94 12-, 201a
8
EXHIBIT
Page 1 of 3
ROW
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 19 (PART 1)
DESCRIPTION OF 0.0077 OF ONE ACRE (336 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0077 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the east corner of this tract, same
being in the north line of said Chisholm Trail Developers tract and the existing south
right-of-way (ROW) line of Chisholm Parkway, said Chisholm Parkway being described
in Volume 1322, Page 207, Official Records, Williamson County, Texas, from which a
1/2" iron rod found in the north line of Chisholm Trail Developers tract and the existing
south ROW line of Chisholm Parkway bears N61°21'59"E 229.20 feet;
1) THENCE, with the southeast line of this tract, crossing said Chisholm Trail
Developers tract, S30°01'29"W 36.67 feet to a 1/2" iron rod set with a plastic cap at
the south corner of this tract, same being in the west line of said Chisholm Trail
Developers tract and the existing east ROW line of Chisholm Trail and the east line
of the tract described as 0.307 of one acre for ROW in a deed to the City of Round
Rock, of record in Document Number 2003093096, Official Public Records,
Williamson County, Texas;
2) THENCE, with the west line of this tract and crossing said Chisholm Trail Developers
tract and the existing east ROW line of said Chisholm Trail and the east line of said
0.307 of one acre City of Round Rock tract, N14°47'03"W 25.97 feet to a 1/2" iron
rod set with a plastic cap at the northwest corner of this tract and said Chisholm Trail
Developers tract, same being in the existing south ROW line of Chisholm Parkway;
THENCE, with the north line of this tract and crossing said Chisholm Trail Developers
tract and the existing south ROW line of Chisholm Parkway, the following two (2)
courses, numbered 3 and 4;
3) N75°07'25"E 23.17 feet to a 1/2" iron rod set with a plastic cap, and
EXHIBIT
Page 2 of 3
ROW
March 5, 2009
4) with a curve to the left whose intersection angle is 00°14'21, radius is 640.00
feet, an arc distance of 2.67 feet, the chord of which bears N75°00'15"E 2.67 feet
to the POINT OF BEGINNING and containing 0.0077 of one acre (336 square
feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
§
COUNTY 01? TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
5't' day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ROW2) Issued 3/5/2009
CHRIS CCNRAD
RE: CITY OF ROUND ROCK
SKr ,H TO ACCOMPANY DESCRIPTION I
OF 0:. ,17 AC. OR 336 SQ. FT. OF LAN..
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
/ N? 25.'►7 Q°
C2
4.
/
P.O.B.
CITY OF ROUND ROCK
RIGHT-OF-WAY DEED
DOC. 2003093096
0.P.R.W.C.
(0.307 AC.)
CHISHOLM PARKWAY
ROAD R.O.W. (80'
UTILITY AND DRAINAGE
EASEMENT !! 3>
EXHIBIT "A" \C'
VOL. 1322, PG. 207 G1
O.R.W.C.
PART 1
0.0077 AC.
336 SQ.FT.
SCALE 1" = 20'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
i
CURVE /TABLE
CURVE
LENGTH
RADIUS
DELTA /
TANGENT
BEARING
CHORD
C1
302.00
640.00
27'02'10-
153.86
N61'21'59"E
299.20
02
2.67
640.00
0014'21"
1.34
N75'0015"E
2.67
(03)
(304.66)
(640.00)
(2716'30")
(S62'49'15"W)
(301.80)
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID '
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RRO1-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEE ; +F AN OWNERSHIP AND EASEMENT
REPORT. dd`
A OF TF
co/g.A a•.
ESSk
.SkUjp, 03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CTDV_ROW2.0WG
LEGEND
p 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
ISSUED: 03/05/09
SURVEYED BY: PAGE 3 OF 3
MoGRAY Sc MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCk' DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT
1 B
Page 1 of 3
Drainage Fee Area
August 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 19 (PART 4)
DESCRIPTION OF 0.3978 OF ONE ACRE (17,329 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.3978 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County,
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following six (6) courses, numbered 1 through 6;
1) N75°15'37"E 29.93 feet to a 1/2" iron rod set with a plastic cap;
2) S39°30'53"E 83.84 feet to a 1/2" iron rod set with a plastic cap,
3) S14°47'03"E 28.84 feet to a 1/2" iron rod set with a plastic cap;
4) N75°12'57"E 19.57 feet to a 1/2" iron rod set with a plastic cap for the easterly
northeast corner of this tract;
5) S14°47'03"E 140.00 feet to a 1/2" iron rod set with a plastic cap for the southeast
corner of this tract; and
6) S75°12'57"W 84.57 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chisholm Trail Developers
tract and the east line of Chisholm Trail and the existing east ROW line of
Chisholm Trail and the east line of said 0.307 acre City of Round Rock tract from
which a 1/2" iron rod found at the southwest corner of said Chisholm Trail
Developers tract and the northwest corner of Lot 1, Block A, Anchor One, a
subdivision of record in Cabinet P, Slide 120-121, Plat Records, Williamson
County, Texas and the northwest corner of that tract described in a deed to
EXHIBIT
Page 2 of 3
Drainage Fee Area
August 13, 2009
Frieling and Samuels Investments, of record in Document Number 2000006036,
Official Public Records, Williamson County, Texas bears S14°47'03"E 598.13
feet and from which a 1/2" iron rod found at the northeast corner of said Lot 1 and
said Frieling and Samuels tract bears S14°47'03"E 598.13 feet and N68°45'19"E
558.21 feet;
7) THENCE, with the west line of this tract and said Chisholm Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east Iine of said 0.307 acre
City of Round Rock tract, N14°47'03'W 245.01 feet to the POINT OF BEGINNING
and containing 0.3978 of one acre (17,329 square feet) within these metes and
bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That 1, Chris Conrad, 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 Austin, Travis County, Texas, this the
13th day of August, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_Purchase 2)
Issued 4/8/09, Revised 8/13/09
SK—CH TO ACCOMPANY DESCRIPTION
OF 0._, 8 AC. OR 17,329 SQ. FT. OF L...D
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
P.O.B.
00.
r
O
S7 h2�5?"
84.5'1
LINE TABLE
LINE
BEARING
LENGTH
Li
L2
L3
N75'15'37'E
S14"47'03'E
N751.2'57'E
29.93
28.84
19.57
CJ
'P!
CP
•Nye:
. 0�
0 '
• • X.
• • aW .
•J007
•
0
0
0
RE: CITY OF ROUND ROCK
SCALE 1" = 100'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
PART 4
0.3978 AC.
17,329 SQ.FT.
DAVID CURRY SURVEY
ABSTRACT NO. 130
551A6�
558 At 219 558 21
l OA
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RRO1-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR 15
1.00012. ALL DISTANCES SHOWN ARE SURFACE,,DISTANCES.
2R POTHIS SURVEY WAS PERFORMED WITHOUT eiiB NEED_OF\�\AN OWNERSHIP AND EASEMENT
sts c
08/13/09
CHRI ONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—REG\DWG\PARCELS\CTDV_PURCHASE2_REVI.DWG
4
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
851 �Ai
P.R.W.C.
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036 O.P.R.W.C.
LEGEND
O 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
REVISED: 08/13/09
ISSUED: 04/08/09
PAGE 3 OF 3
McGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT
I C
Page 1 of 3
Drainage Easement
Subsurface Area
April 8, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 3)
DESCRIPTION OF 0.0414 OF ONE ACRE (1,803 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISIIOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0414 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County,
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following three (3) courses, numbered 1 through 3;
1) N75°12'57"E 15.00 feet to a 1/2" iron rod set with a plastic cap for the northeast
corner of this tract;
2) S14°47'03"E 120.23 feet to a 1/2" iron rod set with a plastic cap for the southeast
corner of this tract; and
3) S75°15'52"W 15.00 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chisholm Trail Developers
tract and the existing east ROW line of Chisholm Trail and the east line of said
0.307 acre City of Round Rock tract from which a 1/2" iron rod found at the
southwest corner of said Chisholm Trail Developers tract and the northwest corner
of Lot 1, Block A, Anchor One, a subdivision of record in Cabinet P, Slide 120-
121, Plat Records, Williamson County, Texas and the northwest corner of that
tract described in a deed to Frieling and Samuels Investments, of record in
Document Number 2000006036, Official Public Records, Williamson County,
Texas bears S14°47'03"E 477.91 feet and from which a 1/2" iron rod found at the
northeast corner of said Lot 1 and said Frieling and Samuels tract bears
S 14°47'03"E 477.91 feet and N68°45' 19"E 558.21 feet;
EXHIBIT
Page 2 of 3
Drainage Easement
Subsurface Area
April 8, 2009
4) THENCE, with the west line of this tract and said Chisholm Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east line of said 0.307 acre
City of Round Rock tract, N14°47'03'W 120.22 feet to the POINT OF BEGINNING
and containing 0.0414 of one acre (1,803 square feet) within these metes and bounds,
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
8th
day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ESMT4)
Issued 4/8/09
/Kt\,b
Q • cid- 0
"% -0 �ry1 -G
moo`
SK-TCH TO ACCOMPANY DESCRIPTION
OF 0,14 AC. OR 1,803 SQ. FT. OF Lk ,J
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(83.167 AC.)
'Pt
LINE TABLE
LINE
BEARING
LENGTH
U
L2
N75'12'57'E
S75°15'52'4/
15.00
15.00
• O
P 70n •
o
W t o
•. N•
�•74•
•
•• q �ya. O • •
• ,a 4110
'730"F-
RE: CITY OF ROUND ROCK
SCALE 1" = 100' _H,
it
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
PART 3
0.0414 AC.
1,803 SQ.FT.
DAVID CURRY SURVEY
ABSTRACT NO. 130
5g1 h6 �
tti6 2A $V6.1".
LS5�yy9
t,N
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFJ.T•,,OF AN OWNERSHIP AND EASEMENT
REPORT.
CHF S G
623 ;r:
\:> •Pt -E ss
04/08/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of thls plat is not valid unless an original signature
through on original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CTDV_ESMT4_REVI.DWG
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
P.R.W.C.
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036 O.P.R.W.C.
LEGEND
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.C.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 04/08/09
PAGE 3 OF 3
McGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT
Page 1 of 3
Slope Easement
April 08, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 4)
DESCRIPTION OF 0.0290 OF ONE ACRE (1,262 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM `1RAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0290 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rocl set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County, Texas;
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following three (3) courses, numbered 1 through 3;
1) N75°15'37"E 10.00 feet to a 1/2" iron rod set with a plastic cap for the northeast
corner of this tract;
2) S14°47'03"E 126.15 feet to a 1/2" iron rod set with a plastic cap for the southeast
corner of this tract; and
3) S75°15'37"W 10.00 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chishohn Trail Developers
tract and the existing east ROW line of Chisholm Trail and the east line of said
0.307 acre City of Round Rock tract, from which a 1/2" iron rod found at the
southwest corner of said Chisholm Trail tract and the northwest corner of Lot 1,
Block A, Anchor One, a subdivision of record in Cabinet P, Slide 120-121, Plat
Records, Williamson County, Texas and the northwest corner of that tract
described in a deed to Frieling and Samuels Investments, of record in Document
Number 2000006036, Official Public Records, Williamson County, Texas bears
S14°47'03"E 843.14 feet and from which a 1/2" iron rod found at the northeast
corner of said Lot 1 and said Friedling and Samuels tract bears S14°47'03"E
843.14 feet and N68°45' 19"E 558.21 feet;
EXHIBIT
Page2of3
Slope Easement
April 08, 2009
4) THENCE, with the west line of this tract and said Chisholm Trail Developers
tract and the existing east ROW line of Chisholm Trail and the east line of said
0.307 acre City of Round Rock tract, N14°47'03"W 126.15 feet to the POINT
OF BEGINNING and containing 0.0290 of one acre (1,262 square feet) within
these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
8th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ESMT3)
Issued 3/5/2009; Revised 4/8/09
SKETCH TO ACCOMPANY DESCRIPTION,
OF 0...90 AC. OR 1,262 SQ. FT. OF Lk. J
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
/ 1 /
/
/
11,1
/ 0.O
•
o 45
d
73 a a � rn
/ l0
/ `'r
RE: CITY OF ROUND ROCK
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
t*1 (63.777 AC.)
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P,R.W.C.
(83.167 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
LINE TABLE
LINE
BEARING
LENGTH
L1
N75°15'37'E
10,00
L2
S75°15'37'No/
10,00
N
O V'
01,3
0_A0 �z
c•-• n -
VI to 73 CO
—10
tO
t....o� •
0
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784,07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENE F AN OWNERSHIP AND EASEMENT
REPORT.
.a'q
szE.
1 ° �.
23
4-ESS50�
suR`'
04/08/09
CHRIS CNRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on Rs face. There is ❑ description to
accompany this plat.
M:\SOSKPROJ\CH ISHOLM—RTG\DWG\PARCELS\CTDV_ESIM_REV1.DWG
PART 4
0.0290 AC.
1,262 SQ.FT.
61 AEn
X565 A A5.k 556 21
N5$
14)
"55 LOT 1
,Og"til
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
P.R.W.C,
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036
O.P.R.W.C.
LEGEND
o 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C.
SURVEYED BY:
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 3 OF 3
MCGRAY & McGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451--8591
JOB NO.: 08-112
EXHIBIT
1 E -
Page 1 of 3
Drainage Easement
Channel Area
April 8, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 9)
DESCRIPTION OF 0.0898 OF ONE ACRE (3,914 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0898 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said Chisholm Trail Developers tract and the existing east
right-of-way (ROW) line of Chisholm Trail and the east line of that tract described as
0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County,
THENCE, with the perimeter of this tract, crossing said Chisholm Trail Developers tract,
the following five (5) courses, numbered 1 through 5;
1) N75°15'52"E 15.00 feet to a 1/2" iron rod set with a plastic cap for the northeast
corner of this tract;
2) S14°47'03"E 63.79 feet to a 1/2" iron rod set with a plastic cap;
3) S45°17'32"E 93.38 feet to a 1/2" iron rod set with a plastic cap;
4) S44°42'28"W 33.23 feet to a 1/2" iron rod set with a plastic cap; and
5) N45°17'32"W 66.53 feet to a 1/2" iron rod set with a plastic cap for the southwest
corner of this tract, same being in the west line of said Chisholm Trail Developers
tract and the existing east ROW line of Chisholm Trail and the east line of said
0.307 acre City of Round Rock tract from which a 1/2" iron rod found at the
southwest corner of said Chisholm Trail Developers tract and the northwest corner
of Lot 1, Block A, Anchor One, a subdivision of record in Cabinet P, Slide 120-
121, Plat Records, Williamson County, Texas and the northwest corner of that
tract described in a deed to Frieling and Samuels Investments, of record in
Document Number 2000006036, Official Public Records, Williamson County,
Texas bears S14°47'03"E 374.11 feet and from which a 1/2" iron rod found at the
northeast corner of said Lot 1 and said Frieling and Samuels tract bears
S14°47'03"E 374.11 feet and N68°45'19"E 558.21 feet;
EXHIBIT
Page 2 of 3
Drainage Easement
Channel Area
April 8, 2009
6) THENCE, with the west line of this tract and said Chisholm Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east line of said 0.307 acre
City of Round Rock tract, N14°47'03'W 103.80 feet to the POINT OF BEGINNING
and containing 0.0898 of one acre (3,914 square feet) within these metes and bounds,
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
§
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
8th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ESMT11)
Issued 4/8/09
SK''TCH TO ACCOMPANY DESCRIPTION
OF O...98 AC. OR 3,914 SQ. FT. OF
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(83.167 AC.)
o u:
ia
.• ui
• o �0 2 00
•
•Y 0'7.40 6
. ✓ v•J
LINE TABLE
LINE
BEARING
LENGTH
L1
L2
L3
N75'15'52'E
S44"42'28'W
N45'17'32'W
15.00
3323
66.53
76 0.1
RE: CITY OF ROUND ROCK
SCALE 1" = 100' —H—
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
P.O,B.
>4111141.
•
• o �'
•
o
• % 00 CA
••Jwti c�
• �90
90
• �o�•
PART 9
0.0898 AC.
3,914 SQ.FT.
561 k1
19 `S6g h A� 55g.2
IN
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RRO1-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N1504'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OWNERSHIP AND EASEMENT
REPORT. f , �
F
........ TF
��: f��,\STEq�•,�,
G9 e!I a•
C
1
04/08/09
CHRIS CO RAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless on original signature
through on original seal appears on its face. There is a description to
accompany this plat.
M:\SOSKPROJ\CHISHOLM-RTG\DWG\PARCEIS\CTDV_ESMT11. DWG
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
P.R,W.C.
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036 0.P.R.W.C.
LEGEND
0 1/2" IRON ROD FOUND
0 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 04/08/09
PAGE 3 OF 3
1
McGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
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SPECIAL WARRANTY DEED
Chisholm Trail Roadway Project
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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 FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Chisholm Trail improvement project ("Project");
and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership,
hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of
Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell
and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and
being situated in the County of Williamson, State of Texas, being more particularly described as
follows:
All of that certain 0.0077 acre tract of land, more or less, out of the David Curry
Survey, Abstract No. 130, Williamson County, Texas, being more fully described by
metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein
(Parcel 19, part 1); and
All of that certain 0.3978 acre tract of land, more or less, out of the David Curry
Survey, Abstract No. 130, Williamson County, Texas, being more fully described by
metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein
(Parcel 19, part 4).
00174470.DOC
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2009.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before me on this the day of the month of
, 2009, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
SUBSURFACE STORM SEWER DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
i
KNOW ALL BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its 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 ("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 underground storm sewer drainage
easement to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild,
repair, and remove public utility storm sewer drainage facilities and improvements, together with
the express right to maintain the easement area by clearing and removing vegetation, silt and
debris therefrom, in, under and across the following described property, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing a storm sewer
drainage easement consisting of 0.0414 acre of land out of and part of the David
Curry Survey, Abstract No. 130, Williamson County, Texas; and the said 0.0414
acre tract of land being more particularly described by metes and bounds as
indicated; and
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
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 storin sewer drainage lines,
facilities and related equipment, 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. All storm sewer
facilities of Grantee which are placed within the easement shall be located underground.
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 facilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
The easement, rights, and privileges granted herein are exclusive, and Grantor covenants
that it will not convey any other easement or conflicting rights within the area covered by this
grant without the express written consent of Grantee, which consent shall not be unreasonably
withheld.
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, but only if access to the easement
is not available from a public right of way; otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to Grantor;
provided that such right of ingress and egress shall not extend to any portion of
Grantor's property which is isolated from the easement by any public highway or
road now crossing or hereafter crossing the property.
(b) the right to mark the location of the easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or other Iocations
which will not interfere with any reasonable use Grantor shall make of the
easement.
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)
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.
O1wdos\ SCClnls19l 199,0019RE ALE STATRA0174467.00C(kg
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 drainage ditches
and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like
uses or to dedicate all or any part of the surface of the property affected by this easement to any
city or county for use as a public street, road or alley; 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 amount of soil covering the pipelines. 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.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said public utility storm sewer
facilities; all upon the condition that Grantee will at all times after doing work in connection with
the construction or repair of said facilities restore the surface of said premises as nearly as is
reasonably possible to the condition in which the same was in before the work was undertaken.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
easement and rights and interests unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim sante, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of , 2009.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
3
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before me on this the day of the month of
, 2009, by David C. Bodenrnan, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
4
SLOPE EASEMENT
Chisholm Trail Road Reconstruction
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ KNOW ALL MEN BY THESE PRESENTS:
THAT CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns ("Grantor"), for and in consideration of the sum of
TEN and no/100th DOLLARS ($10.00) and other good and valuable consideration paid by
the CITY OF ROUND ROCK, TEXAS, ("Grantee"), receipt of which is hereby
acknowledged, does hereby Grant, Sell, Donate and Convey, unto Grantee a permanent
easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct,
enlarge, relocate, rebuild, repair, and remove materials for slope and lateral support of the
adjacent Chisholm Trail roadway facilities and related appurtenances to wit:
See Exhibit "A" attached hereto and incorporated herein for all purposes, being a strip
of land containing approximately 0.0290 acres of land, more or less, out of the David
Curry Survey, Abstract No. 130, Williamson County, Texas; said area described in
further detail by metes and bounds in Exhibit "A" (the "Easement") (Parcel 19E, part
4).
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, shown of record in the office of the
County Clerk of Williamson County, Texas.
The Easement, rights, and privileges granted herein are exclusive, and Grantor
covenants that it will not convey any future easement or conflicting rights within the area
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 of the Easement to determine the effect, if any, on the road system
contemplated herein. Prior to granting its consent for other easements Grantee may require
reasonable safeguards to protect the integrity of the adjacent road system improvements.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width thereof and to extend the
cuts and fills for such grading into and on the land along and outside the Easement to such
extent as Grantee may find reasonably necessary to match the grade of the adjacent property;
(b) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement.
Grantee hereby covenants and agrees:
(a) 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.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind himself, his heirs, successors
and assigns, and legal representatives, to warrant and forever defend, all and singular, the
above-described Easement and rights and interests unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2009.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2009, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
OPEN CHANNEL SURFACE DRAINAGE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns (hereinafter referred to as "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 Texas home -rule municipal
corporation (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual open
channel surface drainage easement and right-of-way to construct, install, operate, maintain,
inspect, reconstruct, rebuild, repair, and remove drainage facilities in the nature of an open
drainage channel, together with all rock, riprap, necessary equipment, improvements and
appurtenances thereto, in, upon, over, under, above and across the following described property
of Grantor, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing a 0.098 tract
of land out of the David Curry Survey, Abstract No. 130, Williamson County,
Texas; and said 0.098 acre being more particularly described by metes and
bounds as indicated; and
See "Sketch to Accompany Description" attached hereto and made a part hereof for all
intents and purposes hereunto and in any wise pertaining, showing such easement.
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.
Grantor shall not construct permanent improvements on the easement. Grantor shall
retain full use of the easement for any purpose not prohibited by the terms of this document and
not inconsistent with the easement herein granted unto Grantee.
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 said drainage channel is abandoned, or shall cease to be used, for a
period of five (5) consecutive years.
The easement, rights, and privileges granted herein are non-exclusive, but Grantor
covenants that it will not convey any other conflicting easement or conflicting rights within the
area covered by this grant. Grantee shall have the right to review any proposed easement or
conflicting use of the easement granted herein to determine the effect, if any, on the drainage
channel contemplated herein. Prior to granting its consent for other easements, Grantee may
request reasonable safeguards to protect the integrity of the drainage channel.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof;
(b) the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, but only if access from a public
right of way is not available; otherwise by such route or routes as shall occasion
the least practicable damage and inconvenience to Grantor; the foregoing right of
ingress and egress includes the right of Grantee to disassemble, remove, take
down, and clear away any fence, barricade, or other structure which obstructs,
prevents, or hinders Grantee's ingress to and egress from Grantor's property, and
should Grantee deem it necessary to so disassemble, remove, take down, or clear
away any such fence, barricade, or other structure, Grantee shall immediately
replace or restore Grantor's property to as similar a condition as reasonably
practicable as existed immediately prior to Grantee's actions pursuant to this
provision, unless said fence, barricade, or other structure is inconsistent with the
rights conveyed to Grantee herein; the foregoing right of ingress and egress, but
not the right of Grantee to disassemble, remove, take down, and clear away any
obstructing structure, applies during the period of construction as well as
otherwise. Upon entry and exit from the property, Grantee shall close and latch
every gate Grantee passes through immediately upon passage through such gate
so as to prevent the release of animals through the gate;
(c) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the easement and to trim and to cut down and
clear away any trees on either side of the easement which now or hereafter in the
opinion of Grantee may be a hazard to the drainage channel by reason of blockage
thereof, or which may otherwise interfere with the exercise of Grantee's rights
hereunder, provided, however, that all trees which Grantee is hereby authorized to
cut and remove, if valuable for timber or firewood, shall continue to be the
property of Grantor, but all tops, lops, brush and refuse wood shall be removed by
Grantee;
O.wdoNISCCIntsl91 199'.0000\REALESTAiE 0017446).1300k
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(d) the right to mark the location of the easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or locations which
will not interfere with any reasonable use Grantor shall make of the easement.
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) Grantee shall indemnify Grantor against any loss and damage 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.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said drainage facilities, and for
making connections therewith; all upon the condition that Grantee will at all times after doing
work in connection with the construction or repair of said facilities restore the surface of said
premises as nearly as is reasonably possible to the condition in which the same was in before the
work was undertaken.
It is understood and agreed that any and all equipment and facilities placed upon said
property by Grantee shall remain the property of Grantee.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, and its successors and
assigns, and legal representatives, to warrant and forever defend, all and singular, the above-
described easement and rights and interests unto Grantee, 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 , 2009,
signature page follows].
3
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before me on this the day of the month of
, 2009, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
4
AFTER RECORDING RETURN TO:
5