R-09-10-22-11A2 - 10/22/2009RESOLUTION NO. R -09-10-22-11A2
WHEREAS, the City of Round Rock ("City") desires to purchase
two tracts of land known as Lot 1, Block 6, E.H. & A., Round Rock
Joint Venture Subdivision, and Lot 2A, Replat of Lot 2, Block 6,
E.H. & A., Round Rock Joint Venture Subdivision, in the City of
Round Rock, Williamson County, Texas ("property"), for the
Intermodal Transit and Parking Facility Project, and
WHEREAS, Williamson -Burnet County Opportunities, Inc., 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 Williamson -Burnet
County Opportunities, Inc., 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.
O:\wdox\SCC1nts\0112\0905\MUNICIPAL\R91022A2.DOC/rmc
RESOLVED this 22nd day of October, 2009.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Ye1/1/14/L, ttet/W
SARA L. WHITE, City Secretary
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. (referred to in this Contract as
"Seller") and the CITY OF ROUND ROCK (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:
Tract 1: Lot 1, Block 6, E. H. & A., Round Rock Joint Venture Subdivision, a
subdivision in and to the City of Round Rock, Williamson County, Texas, according to the map or
plat thereof, recorded in Cabinet H, Slide 48, Plat Records of Williamson County, Texas; and
Tract 2: Lot 2A, Replat of Lot 2, Block 6, E. H. & A., Round Rock Joint Venture
Subdivision, a subdivision in and to the City of Round Rock, Williamson County, Texas
according to the map or plat thereof, recorded in Cabinet L, Slides 191-192, Plat Records of
Williamson County, Texas;
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property, for the consideration and
upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price and Additional Compensation
2.01. The purchase price for the Property shall be the sum of ONE MILLION TWO
HUNDRED TWENTY THOUSAND AND 00/100 dollars ($1,220,000.00).
2.01.1. As Additional Compensation Purchaser shall pay the amount of ONE HUNDRED
EIGHTY THOUSAND AND 00/100 dollars ($180,000.00) in order to compensate Seller for any
relocation and reestablishment expenses. The parties acknowledge and intend for this payment to
be in full and final satisfaction of any relocation claim by Seller pursuant to the provisions and
00172547.DOC
EXHIBIT
entitlements of the Uniform Act or any related relocation assistance program in place under
current federal or State law.
Payment of Purchase Price
2.02. The Purchase Price and Additional Compensation shall be payable in cash at the
closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.)
Miscellaneous Conditions
3.02. Seller shall have 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 previously disclosed to Purchaser;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of ("Title
Company") on or before the day of November, 2009, or at such time, date, and place as Seller
2
and Purchaser may agree upon, or within 10 days after the completion of any title curative matters
if necessary for items as shown on the Title Commitment or in the contract (which date is herein
referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title in fee simple to all of the Property, free and clear of any and
all liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring
Purchaser's fee simple title to the Property subject only to those title exceptions listed herein, such
other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record;" and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the purchase price and additional compensation.
3
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
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 Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given written notice to 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 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 Title Company to Purchaser.
4
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 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.
Memorandum of Contract
9.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the Round Rock City
Council, which date is indicated beneath the Mayor's signature below.
Counterparts
9.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile may be considered effective as
originals for purposes of this Contract.
[signature page follows]
6
SELLER:
Williamson -Burnet County Opportunities, Inc.,
By:
, its
Date:
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw, Mayor
Date:
7
DATE: October 15, 2009
SUBJECT: City Council Meeting — October 22, 2009
ITEM: 11A2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract
with Williamson Burnet County Opportunities, Inc. for the purchase of two
tracts of land needed for the Intermodal Transit and Parking Facility Project.
Department:
Staff person:
Justification:
Engineering and Development Services
Tom Word, P.E., Chief of P.W. Operations
These tracts are required for the Intermodal Parking and Transit Facility.
Funding:
Cost: $1,400,000
Source of funds: 2002 General Obligation Bonds
Outside Resources:
Federal Transit Administration
Background Information:
This is a request for execution of a contract to acquire two tracts of land needed for the Intermodal
Transit and Parking Facility. The mixed use Intermodal Transit and Parking Facility, which will be located
in southwest downtown, will provide safe and easy access to transit for motor vehicles, bicycle users,
and pedestrians. The facility will also provide public parking for the southwest downtown area, as well
as the future commercial shell space.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. (referred to in this Contract as
"Seller") and the CITY OF ROUND ROCK (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:
Tract 1: All of that certain 0.318 acre tract of land, more or less, situated in the
Wiley Harris Survey, Abstract No. 298 in Williamson County, Texas, and being all of Lot 1,
Block 6, E. H. & A., Round Rock Joint Venture Subdivision, a subdivision in and to the City of
Round Rock, Williamson County, Texas, according to the map or plat thereof, recorded in
Cabinet H, Slide 48, Plat Records of Williamson County, Texas; said tract being more fully
described by metes and bounds as shown in Exhibit "A" attached hereto and incorporated herein;
and
Tract 2: All of that certain 0.181 acre tract of land, more or less, situated in the
Wiley Harris Survey, Abstract No. 298 in Williamson County, Texas, and being all of Lot 2A,
Replat of Lot 2, Block 6, E. H. & A., Round Rock Joint Venture Subdivision, a subdivision in and
to the City of Round Rock, Williamson County, Texas according to the map or plat thereof,
recorded in Cabinet L, Slides 191-192, Plat Records of Williamson County, Texas; said tract
being more fully described by metes and bounds as shown in Exhibit "B" attached hereto and
incorporated herein;
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property, for the consideration and
upon and subject to the terms, provisions, and conditions set forth below.
00174305.DOC
R -v°' -1o'22 1 k2 -
ARTICLE II
PURCHASE PRICE
Purchase Price and Additional Compensation
2.01. The purchase price for the Property shall be the sum of ONE MILLION TWO
HUNDRED TWENTY THOUSAND AND 00/100 dollars ($1,220,000.00).
2.01.1. As Additional Compensation Purchaser shall pay the amount of ONE HUNDRED
EIGHTY THOUSAND AND 00/100 dollars ($180,000.00) in order to compensate Seller for any
relocation and reestablishment expenses. The parties acknowledge and intend for this payment to
be in full and final satisfaction of any relocation claim by Seller pursuant to the provisions and
entitlements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, 42 U.S.C.A., et. al., or any related relocation assistance program in place under current
federal or State law.
Payment of Purchase Price
2.02, The Purchase Price and Additional Compensation shall be payable in cash at the
closing.
ARTICLE HI
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 conditions set forth on Schedule
C of the Title Commitments and Seller acquiring any and all interest previously claimed in the
property by the U.S. Dept. of Health and Human Services, Head Start Agency (any of which may
be waived in whole or in part by Purchaser at or prior to the closing.)
Miscellaneous Conditions
3.02. Seller shall have 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 previously disclosed to Purchaser, particularly Austin
Groups for the Elderly (AGE).
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Texas American Title Company ("Title
Company") on or before the 5th day of November, 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 or in- the contract (which date is herein
referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title in fee simple to all of the Property, free and clear of any and
all liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
3
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring
Purchaser's fee simple title to the Property subject only to those title exceptions listed herein, such
other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", 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.
Within five (5) days after the full execution of this contract, Seller shall deliver to
Purchaser a list of personal property, furniture and fixtures to be salvaged from the property by
Seller, which shall be approved by Purchaser in writing prior to the removal of any of the listed
items. Purchaser shall give Seller at least 30 days notice prior to demolition the buildings on the
property in order to all Purchaser time to salvage the identified personalty.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the purchase price and additional compensation; and
(b) Use its best efforts to attempt to enter into a direct leasing arrangement with
AGE to remain in the building until it has relocated its operations, which
shall in no event be later than January 31, 2010.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
Agricultural roll -back taxes, if any, shall be paid by Purchaser.
4
Closing Costs
5.05, All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
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 Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given written notice to 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 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 Title Company to Purchaser.
5
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 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.
6
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, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the Round Rock City
Council, which date is indicated beneath the Mayor's signature below.
Counterparts
9.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile may be considered effective as
originals for purposes of this Contract.
[signature page follows]
7
SELLER:
Williamson -Burnet County Opportunities, Inc.,
By:
Andrew Shell, Executive Director
Date: i ® D01
PURCHASER:
CITY OF ROUND ROCK
4
By: x ��"��
Alan McGraw, Mayor
211
Date: (0.
��• 0°1
8
Parcel 2
0.318 Acres Tract
Page 1 of 3
EXHIBIT
1 A
PARCEL 2
DESCRIPTION
FOR A 0.318 ACRE (13,874 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN WILLIAMSON
COUNTY, TEXAS, BEING ALL OF LOT 1, BLOCK 6 OF E.H. & A., ROUND
ROCK JOINT VENTURE SUBDIVISION. A SUBDIVISION ACCORDING TO
THE PLAT OF RECORD IN CABINET H. SLIDE 48 OF THE PLAT
RECORDS OF SAID COUNTY, SAID 0.318 ACRE TRACT, AS SHOWN ON
THE ACCOMPANYING SURVEY SKETCH, IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %" iron rod found on a point in the south right-of-way line of West Main
Avenue (100' right-of-way width), said point being the northeast corner of a tract of land in
deed to Dain Jay Johnson of record in Document No. 2007064224 of the Official Public
Records of said County, same being_ the northwest corner of said Lot 1 for the northwest
corner and POINT OF BEGINNING hereof;
THENCE with the south right-of-way line of said West Main Avenue, sante being the north
boundary line of said Lot 1, N 70°33'42" E for a distance of 60.03 feet to a 1/2" iron rod with
"Baker-Aicklen" cap set on a point in the west right-of-way line of South Brown Street (80'
right-of-way width), said point being the northeast corner of said Lot 1, for the northeast
corner hereof;
THENCE with the west right-of-way line of said South Brown Street, same being the east
boundary line of said Lot 1, S 19°23'06" E for a distance of 187.97 feet to a'/2" iron rod with
"Baker-Aicklen" cap set on a point being the northeast corner of Lot 2B, of the Replat of Lot
2, Block 6, E.H. & A. Round Rock Joint Venture Subdivision, a subdivision according to the
plat of record in Cabinet L, Slide 191 of said Plat Records, same being the southeast corner
of said Lot 1, for the southeast corner hereof;
THENCE with the north boundary line of said Replat of Lot 2, Block 6, E.H. & A. Round
Rock Joint Venture Subdivision, same being the south boundary Iine of said Lot 1,
S 70°42'32" W for a distance of 108.67 feet to a 'h" iron rod with "Balser-Aicklen" cap set
Parcel 2
0.318 Acres Tract
Page 2 of 3
on a point being the south east corner of said Dain Jay Johnson tract, same being the
southwest corner of said Lot 1, for the southwest corner hereof;
THENCE departing the north boundary line of said Replat of Lot 2, Block 6, E.H. & A.
Round Rock Joint Venture Subdivision, with the east boundary line of said Dain Jay Johnson
tract, same being the west boundary line of said Lot 1, the following three (3) courses and
distances:
1. N 19°23'06" W for a distance of 52.66 feet to a V" iron rod found for an angle
point hereof,
2. N 70°42'32" E for a distance of 48.15 feet to a %" iron rod with "Baker-Aicklen"
cap set for an angle point hereof and
3. N 19°10'38" W for a distance of 135.16 feet to the POINT OF BEGINNING
hereof and containing 0.318 acre of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during October, 2009.
Surveyed under the direct supervision of the undersigned during October, 2009:
f - 2c+
uyi� U -
2 oa q
Parker J. Grab
.,., 7
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 260-3700
Job No.: 1906-3-001-20
Filename: W:\PROJECTS\CORR\FNTERA4ODAL TRANSIT & PARKING FACILITY\PARCEL
DESCRIPTION\CORR intermodal -Parcel 2.doc
— J
SKETCH TO ACCOMPANY DESCRIPTION
PARCEL 2
WEST MAIN AVENUE (100' R.O.W.)
POINT OF
BEGINNING
DAIN JAY JOHNSON
DOC. NO. 2007064224
tri
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Q
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LEGEND
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N 19°23'06" W
0
N 70°33'42" E 60.03'
PARCEL 2
0.318 AC.
(13,874 SF)
N 70°42'32" E 48.15' O LOT 1 BLOCK "6"
E. H. & A. ROUND ROCK
JOINT VENTURE
SUBDIVISION
CAB. H, SL. 48
S 70042132" W 108.67'
29.35' '( 79.32'
REPEAT OF LOT 2, BLOCK 6, E. H. &
A. ROUND ROCK JOINT VENTURE
SUBDIVISION
CAB. L, SL. 191
O 1/2" IRON ROD WITH
"BAKER-AICKLEN" CAP SET
1/2" IRON ROD FOUND
DATE: 10/19/2009
JOB NO.: 1908-3-001-20
BY: PJG
CHK: MAN
PAGE 3 OF 3
28
S 19°23'06" E 187.97'
SOUTH BROWN STREET (80' R.O.VV.)
0
15
30
ORIGINAL SCALE
1"=30'
JO-2ocol
F)j
BAKER-AICKLEN
& ASSOCIATES, INC.
405 eRL ft 0Rccx RD.
CEDAR PARK,TK78813
Engineers • Surveyors • GIS • Planning M1212r 03700
tir.1PROIECTStCORRUNTERMOOALTRANSIT 8 PARKING F'ACILUTYWPARCEL DWGtCORRPARCEL-2o'4IPARCEL-21Ogober20,2009-949am
Parcel 1
0.181 Acres Tract
Page 1 of 3
EXHIBIT
I
PARCEL 1
DESCRIPTION
FOR A 0.181 ACRE (7,904 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY; ABSTRACT NO. 298 IN WILLIAMSON
COUNTY; TEXAS, BEING ALL OF LOT 2A OF THE REPLAT OF LOT 2,
BLOCK 6 E.H. & A., ROUND ROCK JOINT VENTURE SUBDIVISION, A
SUBDIVISION ACCORDING TO THE PLAT OF RECORD IN CABINET L,
SLIDE 191 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.181 ACRE
TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY SKETCH, IS
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a' W' iron rod with "Baker-Aicklen" cap set on a point in the north right-of-
way line of Bagdad Avenue (80' right-of-way width), said point being the southwest corner
of Lot 2B of said Replat of Lot 2, Block 6. E.H. & A.. Round Rock Joint Venture
Subdivision; SAME BEING THE SOUTHEAST CORNER OF SAID Lot 2A, for the
southeast corner and POINT 01? BEGINNING hereof;
THENCE with the north right-of-way line of said Bagdad Avenue, same being the south
boundary line of said Lot 2A, S 70°42'28" W for a distance of 96.33 feet to a '/" iron rod
with "Baker-Aicklen" cap set on a point in the south boundary line of Lot 7 of the Original
Town of Round Rock, a subdivision according to the plat of record in Cabinet A. Slide 190
of said Plat Records, same benne the southwest corner of said Lot 2A, for the southwest
corner hereof:
THENCE departing the north right -of -wad' line of said Bagdad Avenue, through the interior
of said Lot 7, with the west boundary line of said Lot 2A, N 19°27'55" W for a distance of
82.03 feet to a '/," iron rod with "Baker-Aicklen" cap set on a point being the northwest
corner of said Lot 2A, for the northwest corner hereof:
THENCE continuing, in part, through the interior of Lot 7 and Lot 6 of said Original Town
of Round Rock, and in part with the south boundary line of a tract of land in deed to Dain Jay
Johnson of record in Document No. 2007064224 of the Official Public Records of said
Parcel 1
0.181 Acres Tract
Page 2 of 3
County; and in part, with the south boundary line of Lot 1, Block 6 of E.H. & A. Round Rock
Joint Venture Subdivision; a subdivision according to the plat of record in Cabinet H, Slide
48 of said Plat Records, N 70°42'32" E for a distance of 96.38 feet to a ''/ iron rod with
"Baker-Aicklen" cap set on a point being the northwest corner of said Lot 2B, same being the
northeast corner of said lot 2A, for the northeast corner hereof;
THENCE departing the south boundary line of said Lot 1, with the west boundary line of
said Lot 28, same being the east boundary line of said Lot 2A, 8 19°26'02" E for a distance
of 82.03 feet to the POINT OF BEGINNING hereof and containing 0.l 81 acre of land.
Bearings shown hereon are referenced to Grid North for the Texas State PIane Coordinate
System, Central Zone NAD 83 per GPS survey performed during October, 2009.
Surveyed under the direct supervision of the undersigned during October; 2009:
Parker J. Grab
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES; INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 260-3700
Job No.: 1906-3-001-20
Filename: WAPROJECTS\CORK\INTERMODAL TRANSIT & PARKING FACILITY\PARCEL
DESCRIPTION\CORK Intermodal -Parcel 1.doc
SKETCH TO ACCOMPANY DESCRIPTION
PARCEL 1
BLO6K 6 ( I
12 'ORIGINAL TON OF ROUND 115 I
Ropx
CAB, A,ISL. 190 I I
1
ALLEY VACATED BY CITY
ORDINANCE NO. 2147
8
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1
RAIN JAY JOHNSON
DOC. NO. 2007064224
6S� (9fl
7 I 6`\'����P
P
0
34.98'
32.04' 29.35'
N 70°42'32" E 96.38'
0 2A
REPLAT OF LOT 2, BLOCK 6, E. H. & A.
co
ROUND ROCK JOINT VENTURE
SUBDIVISION
CAB. L, SL. 191
N 19°27'55" W
PARCEL 1
0.181 AC.
(7,904 SF)
S 70°42'28" W 96.33'
S 19°26'02" E 82.03'
BAGDAD AVENUE (80' R.O.W.)
!O-
LEGEND
1
4 15 30
ORIGINAL SCALE
1"=30'
LOT 1 BLOCK "6"
E. H. & A. ROUND ROCK JOINT
VENTURE SUBDIVISION
CAB. H, SL. 48
28
REPLAT OF LOT 2, BLOCK 6, E.
H. & A. ROUND ROCK JOINT
VENTURE SUBDIVISION
CAB. L, SL. 191
POINT OF
BEGINNING
O 112" IRON ROD WITH
"BAKER-AICKLEN" CAP SET
DATE:.10119/2009
JOB NO,: 1906.3-001-20
BY: RIG
CHK: MAN
PAGE 3 OF 3
1
BAKER -AI CKL.EN
& ASSOCIATES, INC.
Engineers • Surveyors • GIS • Planning
W..PROJECTSICORRUNTERMODAL TRANSIT & PARKING FACILRYIPARCEL [MGT ORR PARCEL4.dWg IPARCEL.1I Odob!v20, 2009 -9:47em
CUB BRUSHY CREEK ,,c
C1MAR PAAK1%78513
1519 2SD37C37