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R-08-09-25-14D1 - 9/25/2008RESOLUTION NO. R -08-09-25-14D1 WHEREAS, the City desires to purchase a 0.975 acre tract of land for additional right-of-way for the North Mays improvement project, WHEREAS, Tamburro-King Investments, 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 Tamburro-King Investments, 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 25th day of September, 2008. 9)1-1 1{.„ ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R80925D1.DOC/xmc N. Mays—parcel 1 State of Texas County of Williamson REAL ESTATE CONTRACT North Mays Improvement Project THIS REAL ESTATE CONTRACT ("Contract") is made by and between TAMBURRO- KING INVESTMENTS, LTD., (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 0.975 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 or shown in Exhibit "A", attached hereto and incorporated herein (Parcel 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 AND ADDITIONAL COMPENSATION Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of THREE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED AND SIXTY THREE and 00/100 Dollars ($317,863.00). Payment of Purchase Price 2.03. The Purchase Price and Additional Compensation, if any, shall be payable in cash at the closing. O:\ W DOX\CORK\gnl\NMAYSTARCEL2\CONTRACT\00145390. DOC ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing.): Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused the 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 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; 2 The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the Title Company on or before October 6, 2008, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment (which date is herein referred to as the "closing date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title to all of the Property as shown in Exhibit "A", 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. (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 fee simple 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; (b) 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. 3 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: Owner's Title Policy and survey to be paid by Purchaser. Deed, tax certificates, and title curative matters, if any, paid by Purchaser. All other closing costs shall be paid by Purchaser. Attorney's fees paid by each respectively. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow 4 Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Notice 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 9.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 5 Prior Agreements Superseded 9.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Compliance 9.08 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 9.09 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. [signature page follows] 6 SELLER: TAMBURRO-KING INVESTMENTS, LTD. By: Its: Date: PURCHASER: CITY OF ROUND ROCK By: Alan McGraw Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 7 Address: DATE: September 17, 2008 SUBJECT: City Council Meeting — September 25, 2008 ITEM: 14D1. Consider a resolution authorizing the Mayor to execute a real estate contract with Tamburro-King for the purchase of 0.975 acres necessary for the construction of the N. Mays expansion project. Department: Staff Person: Justification: Legal Steve Sheets, City Attorney The contract is for the purchase of right of way necessary for the construction of the proposed expansion of N. Mays street in Round rock. Funding: Cost: $317,863 Source of funds: 4B Transportation Funds Outside Resources: N/A Background Information: The proposed contract price for this purchase is equal to the appraised value for the acquisition. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS N. Mays --parcel I REAL ESTATE CONTRACT North Mays Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between TAMBURRO- KING INVESTMENTS, LTD., (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 0.975 acre tract Curry Survey, Abstract No. 130, in described by metes and bounds or incorporated herein (Parcel 2). of land, more or less, situated in the David Williamson County, Texas; being more fully shown in Exhibit "A", attached hereto and 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 AND ADDITIONAL COMPENSATION Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of THREE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED AND SIXTY THREE and 00/100 Dollars ($317,863.00). Payment of Purchase Price 2.03. The Purchase Price and Additional Compensation, if any, shall be payable in cash at the closing. C:ADocuments and Settings\Charles\Local Settings\ Temporary Internet Files\OLK502\KING(2)--Real estate contract --N Mays (9-8-08) (00145390). DOC g --00-09-2J;- 4-t 7 1 ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing.): Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused the 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 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; 2 The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the Title Company on or before October 6, 2008, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment (which date is herein referred to as the "closing date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title to all of the Property as shown in Exhibit "A", 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) (c) Any exceptions approved by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. (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 fee simple 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; (b) 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." Deliver to Purchaser possession of the Property if not previously done. (3) 3 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. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow 4 Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Notice 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 9.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 5 Prior Agreements Superseded 9.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Compliance 9.08 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 9.09 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. [signature page, follows] 6 SELLER: TAMB ING INVESTMENTS, LTD. I3y: Its: rc�tCF- c /E G:.C.. > Date: cam. J Y_ PURCHASER: CITY OF ROUND ROCK By: Alan McGraw Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 9.2s. Address: rtil77kci7fE PROJECT: NORTH MAYS STREET PARCEL: 2 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK EXHIBIT qr� PROPERTY DESCRIPTION DESCRIPTION OF A 0.975 ACRE (42,459 SQUARE FOOT), TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A", REPLAT OF LOT 2, BLOCK "B", CRYSTAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET 0, SLIDES 48-49 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT SAME TRACT OF LAND CONVEYED TO TAMBURRO-KING INVESTMENTS, LTD., BY INSTRUMENTS RECORDED IN DOCUMENT NO. 2001020134 (40% INTEREST), DOCUMENT NO. 2001020135 (40% INTEREST) AND DOCUMENT NO. 2001020136 (20% INTEREST), OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.975 ACRE (42,459 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 5 BEGINNING FOR REFERENCE at a found 1/2" iron rod at an angle point in the southwesterly boundary line of said Lot 1, same being a northeasterly boundary line of Lot 1B, Block "B", of An Amending Plat of Lot 1A and Lot 16, Block "B" of Crystal Park, according to the plat thereof recorded in Cabinet T, Slides 82-83 of the Plat Records of Williamson County, Texas, 380.18 feet right of proposed North Mays Street baseline station 108+13.07; THENCE, with the common boundary line of said Lot 1 and said Lot 1B, the following two courses: S 23°05'23" E for a distance of 309.65 feet to a calculated point, 153.80 feet right of proposed North Mays Street baseline station 110+24.35, being an angle point in said common boundary line; S 66°47'51" E for a distance of 85.70 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R. in the proposed westerly right-of-way line of North Mays Street, 68.11 feet right of proposed North Mays Street baseline station 110+23.32, being the southwesterly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, through the interior of said Lot 1, with said proposed westerly right-of-way line of North Mays Street, the following six (6) courses: 1) N 30°52'37" E for a distance of 151.71 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 49.65 feet right of proposed North Mays Street baseline station 108+72.74, being an angle point in the westerly boundary line of the herein described tract; PROJECT: NORTH MAYS STREET PARCEL: 2 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 2 of 5 2) N 26°42'08" E for a distance of 21.93 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R. at the beginning of a curve to the left, 48.57 feet right of proposed North Mays Street baseline station 108+50.83; 3) Along said curve to the left, having a delta angle of 02°48'53", a radius of 2961.00 feet, an arc length of 145.47 feet, and a chord which bears N 25°17'40' E for a distance of 145.45 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 45.00 feet right of proposed North Mays Street baseline station 107+05.42; 4) N 23°53'13" E for a distance of 126.02 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R. at the beginning of a curve to the left, 45.00 feet right of proposed North Mays Street baseline P.T. station 105+79.40; 5) Along said curve to the left, having a delta angle of 44°08'06", a radius of 425.00 feet, an arc length of 327.38 feet, and a chord which bears N 01°49'14" E for a distance of 319.34 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 45.00 feet right of proposed North Mays Street baseline P.C. station 102+17.37; 6) N 20°14'45" W for a distance of 57.36 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R. in the northerly boundary line of said Lot 1, same being the southerly boundary line of Lot 2A, Block "A", Replat of Amanda Subdivision Lot 2 & 3, Block "A", according to the plat thereof recorded in Cabinet K, Slides 29-30 of the Plat Records of Williamson County, Texas, 45.00 feet right of proposed North Mays Street baseline station 101+60.01, being the northwesterly corner of the herein described tract; 7) THENCE, with the common boundary line of said Lot 1 and said Lot 2A, N 69°57'36" E for a distance of 14.75 feet to a calculated point in the existing westerly right-of-way line of Tellabs Drive (60 foot right-of-way width), as dedicated by instrument recorded in Volume 1898, Page 844 of the Official Records of Williamson County, Texas, being the northeasterly corner of .said Lot 1 and the southeasterly corner of said Lot 2A, and being the northeasterly corner of the herein described tract; THENCE, departing said common boundary line, with in part, the easterly boundary line of said Lot 1, same being said existing westerly right-of-way line of Tellabs Drive, and in part, the southeasterly boundary line of said Lot 1, same being the existing northerly right-of-way line of Greenhill Drive (60 foot right-of-way width), as dedicated by plat of Crystal Park Subdivision, recorded in Cabinet I, Slides 146- 149 of the Plat Records of Williamson County, Texas, the following seven (7) courses: 8) S 20°12'56" E for a distance of 260.61 feet to a calculated point at the beginning of a curve to the left; 9) Along said curve to the left, having a delta angle of 04°30'44", a radius of 1530.00 feet, an arc length of 120.49 feet, and a chord which bears S 22°30'12" E for a distance of 120.46 feet to a calculated point; 10) S 24°49'10" E for a distance of 20.23 feet to a found 1/2" iron rod at the beginning of a curve to the right; 11) Along said curve to the right, having a delta angle of 89°59'56", a radius of 50.00 feet, an arc length of 78.54 feet, and a chord which bears S 20°15'07" W for a distance of 70.71 feet to a found 1/2" iron rod with plastic cap; PROJECT: NORTH MAYS STREET PARCEL: 2 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK 12) S 65°11'33' W for a distance of 46.55 feet to a found 1/2" iron rod at the beginning of a curve to the left; Page 3 of 5 13) Along said curve to the left, having a delta angle of 41°50'37", a radius of 430.00 feet, an arc length of 314.03 feet, and a chord which bears S 44°18'32" W for a distance of 307.10 feet to a found 1/2" iron rod; 14) S 23°19'08' W for a distance of 114.06 feet to a calculated point, being the most southerly corner of said Lot 1 and the most easterly corner of said Lot 1 B, and being the southeasterly corner of the herein described tract, from which a found 1/2" iron rod bears S 72°30'07" E, a distance of 0.21 feet; 15) THENCE, departing said existing northerly right-of-way line of said Greenhill Drive, with the common boundary fine of said Lot 1 and said Lot 1 B, N 66°47'51" W for a distance of 25.35 feet to the POINT OF BEGINNING, containing 0.975 acres (42,459 square feet) of land, more or Tess. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. 2 M. Stepfien Truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 c/_4 r` F -6-6-e)? Date \ AMANDA SUBDIVISION BLOCK A LOT 2A REPEAT OF (5.8417 AC.) STA'.'101+60.01 45.00 RT„ LOT 2 & 3, BLOCK "A" l \CAB. K, SLD. 29-30 P.R.W.C.T. N ..-'P G `1l.,2+;x. STA. 102k17.37 45.00' RT;:, 906 O R.. 4. E SCALE I" = 100' 100 \, DAVID D C; U Y U R VE Y _, A..BST.RA.C; r[ .;\'O 130 TAMBURRO-KING INVESTMENTS, LTD. DOC. NO. 2001020134 (40% INTEREST) DOC. NO. 2001020135 (40% INTEREST) DOC. NO. 2001020136 (20% INTEREST) 0. P. R. W.C. T. LOTI (7.301 AC.) BLOCK A r. PARCEL 2 STA. 198+13.07 380.18 RT 8 LOT 18 (4.7/8 AC.) BLOCK B AN AMENDING PLAT OF LOT IA AND LOT IB, BLOCK "B" CRYSTAL PARK CAB. T, SLD. 82-83 P.R.W.C.T. 0.975 AC. 42.459 SO. FT. STA. 105+79.40 45 00' RT REPLAT OF LOT 2 BLOCK B CRYSTAL PARK CAB. O. SLDS. 48-49 P.R.W.C.T. I / STA. 107+05,42 45.00' RT / 15' P.U.E. lCIA8 0 S°_D. S-49_ P.R.W.C.T STA. 108+50.83 48.57' RT STA. 108+72.74 49.65' RT oto "O STA. �RT4.35-� _ • STA. TA. II0+23':32 68.11 -RT, I1504 INLANL7GEODETICSPROFESSIONAL LAND SURVEYORS CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 •�eQ�. S 72°30'07' E 0.21' DETAIL "A" RIGHT OF WAY SKETCH PARCEL 2 PAGE 4 OF 5