R-09-08-13-14A - 8/13/2009RESOLUTION NO. R -09-08-13-14A
WHEREAS, the City desires to purchase a 0.392 acre tract of
land in fee simple for additional right-of-way and a 0.040 acre
public utility easement interest for the North Mays Expansion
Project,
WHEREAS, KBS Industrial Portfolio, LLC, the owner of the
property, has agreed to sell said property interests 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 KBS Industrial
Portfolio, LLC, 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 13th day of August, 2009.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
etukt
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\0905\MUNICIPAL\R90813A.DOC/rmc
N. Mays—parcel 3
REAL ESTATE CONTRACT
North Mays Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between KBS
INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company, (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 0.392 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 3); and
Public Utility Easement interest in and to all of that certain 0.040 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 "B", attached hereto and incorporated herein (Parcel 3E).
This purchase also includes any improvements and fixtures situated on and attached to
the Property shown in Exhibit "A" 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 and any improvements situated thereon shall be
the sum of TWO HUNDRED TWENTY THOUSAND and 00/100 Dollars ($220,000.00).
Payment of Purchase Price
2.03. The Purchase Price and shall be payable in cash at the closing.
O:\wdox\SCClnts\90199\7043\CONTRACT\00167252. DOC
Special Provisions
2.04. As an obligation and agreement which shall survive the closing of this transaction, it
is agreed between the parties that the replacement construction of Seller's existing driveway as
part of the North Mays road widening project shall be terminated at the edge of the Property as
show on Exhibit "C" attached hereto and incorporated herein. The parties agree that a portion of
the compensation paid herein is specifically intended to compensate Seller for the connection of
its driveway from the edge of Property purchased herein to the remaining property of Seller.
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.
2
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;
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 September 7, 2009, 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", and a duly
executed Public Utility Easement in and to all of the Property shown in Exhibit "B", 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.
3
(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;
(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.
4
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
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.
5
Texas Law to Apply
9.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
9.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
9.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
6
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Agreement
9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of
relocating utilities and constructing or improving a public road and related facilities, upon full
execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement
document suitable for recording if requested by Purchaser.
Effective Date
9.11 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.
[signature page follows]
7
SELLER:
KBS INDUSTRIAL PORTFOLIO, LLC,
a Delaware limited liability company
By: Address:
Its:
Date:
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw
Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
8
PROJECT: NORTH MAYS STREET
PARCEL: 3 REVISED
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.392 ACRE (17,062 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 "C", REPLAT OF LOT 1 B,
AMENDING PLAT OF THE REPLAT OF BLOCK "C", CRYSTAL
PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET W, SLIDES 75-76 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF
THAT SAME TRACT OF LAND CONVEYED TO KBS
INDUSTRIAL PORTFOLIO, LLC, BY INSTRUMENT RECORDED
IN DOCUMENT NO. 2007066956 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.392
ACRE (17,063 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 the beginning of a curve to the left in
the westerly boundary line of said Lot 1, same being the existing easterly right-of-way line of
Greenhill Drive (60 foot right-of-way width), as dedicated by the plat of Crystal Park subdivision,
recorded in Cabinet I, Slides 146-149 of the Plat Records of Williamson County, Texas, being
108.70 feet left of proposed North Mays Street baseline station 106+60.47;
THENCE, with the westerly boundary line of said Lot 1 and said existing easterly right-of-way
line of Greenhill Drive, along said curve to the left, having a delta angle of 18°41'14", a radius of
370.00 feet, an arc length of 120.68 feet, and a chord which bears S 55°54'17" W for a distance
of 120.14 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 45.00 feet left of
proposed North Mays Street baseline station 107+62.34, being the most northerly corner and
POINT OF BEGINNING of the herein described tract;
THENCE, departing said existing easterly right-of-way line of Greenhill Drive, through the
interior of said Lot 1, with in part, the proposed easterly right-of-way line of the North Mays
Street, and in part, the proposed northerly right-of-way line of Old Settlers Boulevard, the
following seven (7) courses:
1) S 23°53'13" W for a distance of 476.02 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 45.00 feet left of proposed North Mays Street baseline
station 112+38.36;
2) S 64°11'08" E fora distance of 7.95 feet to a set 1/2" iron rod with aluminum cap
stamped C.O.R.R., 52.95 feet left of proposed North Mays Street baseline station
112+38.83;
PROJECT: NORTH MAYS STREET
PARCEL: 3 REVISED
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
3) S 23°05'27" W for a distance of 34.89 feet to a set
cap stamped C.O.R.R., 53.43 feet left of proposed
station 112+73.52;
4) S 66°20'59" E for a distance of 36.91 feet to a set
cap stamped C.O.R.R., 90.35 feet left of proposed
station 112+73.37;
5) S 22°37'31" W for a distance of 17.25 feet to a set
cap stamped C.O.R.R., 99.81 feet left of proposed
station 112+90.52;
6) S 66°39'23" E for a distance of 163.80 feet to a set
cap stamped C.O.R.R., 254.52 feet left of proposed
station 112+89.05;
Page 2of5
1/2" iron rod with aluminum
North Mays Street baseline
1/2" iron rod with aluminum
North Mays Street baseline
1/2" iron rod with aluminum
North Mays Street baseline
1/2" iron rod with aluminum
North Mays Street baseline
7) S 65°04'59" E for a distance of 139.01 feet to a 1/2" iron rod found to be
replaced with a set 1/2" iron rod with aluminum cap stamped C.O.R.R. in the
existing curving northerly right-of-way line of Old Settlers Boulevard (120 foot
right-of-way width), as dedicated by said plat of Crystal Park subdivision, same
being the southeast corner of said Lot 1 and the southwest corner of Lot 2 of said
subdivision, 393.51 feet left of proposed North Mays Street baseline station
112+91.56, being the most easterly corner of the herein described tract;
THENCE, with in part, the southerly boundary line of said Lot 1, same being said existing
northerly right-of-way line of Old settlers Boulevard, and in part, the westerly boundary line of
said Lot 1, same being the said existing easterly right-of-way line of Greenhill Drive, the
following five (5) courses:
8) Along a curve to the right, having a delta angle 05°29'51", a radius of 1240.00
feet, an arc length of 118.98 feet, and a chord which bears N 69°23'36' W for a
distance of 118.93 feet to a calculated point;
9) N 66°38'41" W for a distance of 229.57 feet to a calculated point at the beginning
of a curve to the right, being the most southerly southwest corner of said Lot 1
and being the most southerly southwest corner of the herein described tract, from
which a found TxDOT Type II monument bears S 51°40'05" W, a distance of 0.18
feet;
10) Along said curve to the right, having a delta angle of 90°20'23", a radius of 25.00
feet, an arc length of 39.42 feet, and a chord which bears N 21°27'29" W for a
distance of 35.46 feet to a calculated point, being the most westerly southwest
corner of said Lot 1 and the most westerly southwest corner of the herein
described tract, from which a found 1/2" iron rod bears S 55°48'50" W, a distance
of 0.22 feet;
PROJECT: NORTH MAYS STREET
PARCEL: 3 REVISED
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 3 of 5
9) N 23°19'50" E for a distance of 367.23 feet to a calculated point at the beginning
of a curve to the right, from which a found 1/2" iron rod with plastic cap bears
S 54°36'32" W, a distance of 0.14 feet;
10) Along said curve to the right, having a delta angle of 23°11'53", a radius of
370.00 feet, an arc length of 149.81 feet, and a chord which bears N 34°57'43" E
for a distance of 148.78 feet to the POINT OF BEGINNING, containing 0.392
acres (17,062 square feet) of land, more or less.
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.
1
<W11 �r
M. Step''ien Tru'esdale
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
if 4
Date
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1
P.O.R.
PARCEL 3
STA. 106+60.47
108.70' LT
P.O.B.
PARCEL 3
STA. 107+62.34
45.00' LT
N
s
25 0
50
100
SCALE I"=100'
001
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0.392 AC.
17.062 SO. FT.
LOT I
(6.221 AC.)
BLOCK "C"
KBS INDUSTRIAL
PORTFOLIO, LLC
DOC. NO. 2007066956
0. P. R. W.C. T.
o AMENDING PLAT OF THE REPLAT
Q. OF BLOCK "C" CRYSTAL PARK
Q. STA, 112+38.36 CAB. W, SLD. 75.76
45..00' LT P. R.W.C. T.
,1 'STA. 112+38.83
•:52.95' LT
STA. 112+73.52
53.43 LT
STA. 112+73.37
90.35 LT
4 STA. 112+90.52
99.8r LT
8
so
REPLAT OF LOT IB
/ SEE
DETAIL
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0� °24 2T , %..�.yi1,
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STA. 112+89.05
. 254.52' LT
Se.
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\-STA.112.91.56
393.51' LT
LOT 2
(11.105 AC.)
PAGE 4 OF 5
INLAND
GEODETICS tE
PROFESSIONAL LAND SURVEYORS
-.4 1 504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
RIGHT OF WAY SKETCH
PARCEL 3
REVISED
LEGEND
• 1/2" IRON ROD FOUND
O 1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
O TXDOT TYPE I I CONCRETE MONUMENT W/ BRASS DISK FOUND
O IRON ROD FOUND TO BE REPLACED W/
1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
O. IRON ROD W/PLASTIC CAP FOUND
• CALCULATED POINT
t PROPERTY LINE
PROPOSED EASEMENT
( ) RECORD INFORMATION
POINT OF REFERENCE
POINT OF BEGINNING
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
P.O.R.
P.O.B.
0.P.R.W.C.T.
0 R.W.C.T.
P. R. W. C.T.
NO.
BEARING
DISTANCE
LI
S 64°11'08" E
7.95'
L2
S 23°05'27" W
34.89'
L3
S 66°20'59" E
36.91'
L4
S 22°37'31" W
17.25'
S 55°48'50" w
.22'
S 51°40'05' w
0.18'
,4 ek, /
STING
DETAIL "B"
DETAIL "A"
NUMBER
DELTA ANGLE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
CI
18°41'14"
370.00'
120.68'
120.14'
S 55°54'17" W
C2
05°29'51"
1240.00'
118.98'
118.93'
N 69°23'36" W
(C2)
(05°29'510)
(1240.00')
(118.98')
(118.93')
(N 67°09'22" W)
C3
90020'23"
25.00'
39.42'
35.46'
N 21027'29" W
(C3)
(90°20'23")
(25.00')
(39.42')
(35.46')
(N 19°13'15" W)
C4
23°11'53"
370.00'
149.81'
148.78'
N 34057'43" E
(C5)
(41°53'07")
(370.00')
(270.48')
(264.50')
(N 46°32'34" E)
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDG D BELIEF.
ra- .
OF
°essau
�ry
M. STEPHEN T1UESDALE !f
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
(("/
PAGE 5 OF 5
INLAND
} G EO D ET I CS
PROFESSIONAL LAND SURVEYORS
1 504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
RIGHT OF WAY SKETCH
PARCEL 3
REVISED
1
PROJECT: NORTH MAYS STREET
PARCEL: 3-E
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.040 ACRE (1,726 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 "C", REPLAT OF LOT 1B,
AMENDING PLAT OF THE REPLAT OF BLOCK "C", CRYSTAL
PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET W, SLIDES 75-76 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF
THAT SAME TRACT OF LAND CONVEYED TO KBS
INDUSTRIAL PORTFOLIO, LLC, BY INSTRUMENT RECORDED
IN DOCUMENT NO. 2007066956 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.040
ACRE (1,726 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
Page 1 of 4
BEGINNING FOR REFERENCE at a iron rod found to be replaced with a set 1/2"
iron rod with aluminum cap stamped C.O.R.R. in the existing curving northerly right-
of-way line of Old Settlers Boulevard (120 foot right-of-way width), as dedicated by
said plat of Crystal Park subdivision, same being the southeast corner of said Lot 1
and the southwest corner of Lot 2 of said subdivision, 393.51 feet left of proposed
North Mays Street baseline station 112+91.56, being the most easterly corner of the
herein described tract;
THENCE, through the interior of said Lot 1, with the proposed right-of-way line of Old
Settlers Boulevard, N 65°04'59" W for a distance of 139.01 feet to a set 1/2" iron rod
with aluminum cap stamped C.O.R.R., 254.52 feet left of proposed North Mays
Street baseline station 112+89.05, N 66°39'23" W for a distance of 133.18 feet to a
calculated point, 121.34 feet left of proposed North Mays Street baseline station
112+90.31,and POINT OF BEGINNING of the herein described tract;
THENCE, continuing through the interior of said Lot 1, with in part, the proposed easterly right-
of-way line of North Mays Street, and in part, the proposed northerly right-of-way line of Old
Settlers Boulevard, the following six (6) courses:
1) N 66°39'23" W for a distance of 30.62 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 99.81 feet left of proposed North Mays Street baseline
station 112+90.52;
PROJECT: NORTH MAYS STREET
PARCEL: 3
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2of4
2) N 22°37'31" E for a distance of 17.25 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 90.35 feet left of proposed North Mays Street baseline
station 112+73.37;
3) N 66°20'59" W for a distance of 36.91 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 53.43 feet left of proposed North Mays Street baseline
station 112+73.52;
4) N 23°05'27" E for a distance of 34.89 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 52.95 feet left of proposed North Mays Street baseline
station 112+38.83;
5) N 64°11'08" W for a distance of 7.95 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 45.00 feet left of proposed North Mays Street baseline
station 112+38.36;
6) N 23°53'13" E for a distance of 20.78 feet to calculated point;
7) THENCE, departing the proposed easterly right-of-way line of the North Mays
Street, and the proposed northerly right-of-way line of Old Settlers Boulevard,
continuing through the interior of said Lot 1, S 22°30'12" E for a distance of
105.44 feet to the POINT OF BEGINNING, containing 0.040 acres (1,726 square
feet) of land, more or less.
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.
fJ f
M. Stephen Trudsdale
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
Date
NO.
BEARING
DISTANCE
L1
N 66'39'23" W
30.62'
L2
N 2237'31" E
17.25'
L3
N 66'20'59" W
36.91'
L4
N 2305'27" E
34.89'
L5
N 6411'08" W
7.95'
L6
N 23'53'13" E
20.78'
• .1::' A R T fs.1
STA. 112+38.36
112+38.36
45.00' LT
4,5 STA. 112+38.83
52.95' LT
V81-123.
Vuo'
0.040 AC.
3
4 1,726 SQ. FT.
112+73.37
90.35' LT
P.O.B.
47 \ STA. 112+90.31
121.34' LT
4/ 66
STA. 112+90.52 73.,309 'D
99.81' LT
STA. 112+73.52
53.43' LT
64:24,istz
040
S4-2.7z.E.
•0.1t)441,,,44,0
s
25 0 50 100
SCALE 1" = 50'
LOT 1
(6.221 AC)
BLOCK "C '
REPLAT OF LOT 1B
AMENDING PLAT OF THE REPLAT
OF BLOCK "C" CRYSTAL PARK
CAB. W, SLD. 75-76
P. R. VV. C. T.
KBS INDUSTRIAL
PORTFOLIO, LLC
DOC. NO. 2007066956
O. P. R. W.C. T.
229
15C2F.r.',
STA. 112+89.05
254.52' LT
, C2
( C2)
6.
5)
'
• 0))7
P.O.R.
STA. 112+91.56
393.51' LT
(\,
PAGE 3 OF 4
I NI Lick N ED
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512)238-1251
EASEMENT SKETCH
PARCEL 3—E
LEGEND
• 1/2" IRON ROD FOUND
O 1/2 "IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
• TXDOT TYPE I I CONCRETE MONUMENT W/ BRASS DISK FOUND
O IRON ROD FOUND TO BE REPLACED W/
1/2 "IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
O IRON ROD W/PLASTIC CAP FOUND
O CALCULATED POINT
R PROPERTY LINE
PROPOSED EASEMENT
( ) RECORD INFORMATION
P.O.R. POINT OF REFERENCE
P.O.B. POINT OF BEGINNING
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY�, ,�s„ EDGE AND BELIEF.
r;
/
M. STEPHEN` TRUESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
EASEMENT SKETCH
PARCEL 3-E
PAGE 4 OF 4
DATE: August 7, 2009
SUBJECT: City Council Meeting — August 13, 2009
ITEM: 14A. Consider a resolution authorizing the Mayor to execute a real estate contract
with KBS Industrial Portfolio, LLC for the purchase of certain property interests
for construction of the N. Mays Project.