R-03-01-23-10E4 - 1/23/2003RESOLUTION NO. R -03 -O1 -23-10E4
WHEREAS, the City of Round Rock ( "City") is the owner of a tract
of land containing 1.45 acres, more or less, ("Property") which is more
fully described in the Real Estate Contract ("Contract") which is
attached hereto as Exhibit "A", and
WHEREAS, because of the Property's shape, lack of access to
public roads, and small area the Property cannot be used independently,
and
WHEREAS, Sycamore Trail, Ltd. ("Sycamore") is the owner of the
only property abutting the Property and Sycamore desires to purchase
the Property from the City, and
WHEREAS, § 272.001(b) provides that the notice and bidding
requirements to sell municipally owned land do not apply to tracts
meeting the aforesaid requirements, and
WHEREAS, the City Council desires to sell the Property to
Sycamore, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council finds that the Property meets the
requirements of § 272.001(b) and (c), and
BE IT FURTHER RESOLVED,
That the Mayor is hereby authorized and directed to execute on
behalf of the City the Contract with Sycamore Trail, Ltd. for the sale
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R30123E4.WPD/s]s
of the Property, a copy of said 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 thi s 23rd day of January, 2003.
ATTEST:
LL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
2
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS CONTRACT OF SALE ("Contract") is made by and between the CITY OF ROUND ROCK, a Texas
Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Seller")
and SYCAMORE TRAIL, LTD. (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 a tracts of
land situated in Williamson County, Texas, being more particularly described as follows:
1.45 Acres, more or less, out of the P.A. Holder Survey, Abstract 297, Williamson County, Texas, being more
fully described in Exhibit "A", 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"), together with any improvements, fixtures, built-in appliances, and
personal property 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
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Thirty -Seven Thousand and no/100 Dollars
($37,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be paid 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 transaction 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. Within twenty-one (21) days after the date of execution of this Contract, Purchaser , at Purchaser's sole
cost and expense, will obtain from Georgetown Title Company, 1717 N. Mays St., Round Rock, Texas, 78664 (the
"Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents
relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before
the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the
Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller
may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to
O:\wdox\corr\gnl\sycamore\000425 29.DOC
Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all
purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser.
Miscellaneous Conditions
3.03. 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
CLOSING
The closing shall be held at the Title Company, on or before February 15, 2003, or at such time, date, and place
as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date").
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and
indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions,
easements, assessments, and restrictions, except for the following:
(i) General real estate taxes for the year of closing and subsequent years not yet due and
payable;
(ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Seller'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 above, 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.
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
4.03 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.
Closing Costs
4.04 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 paid by Purchaser;
Filing fees for deed paid by Purchaser;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
2
ARTICLE V
REPRESENTATIONS OF SELLER
5.01 Seller represents and warrants to Buyer, as of the closing date, as follows:
(1) There are no parties in possession of any portion of the Property as lessees, tenants at
sufferance, or trespassers;
(2) To the current, actual knowledge of Seller without investigation, Seller has complied with all
applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part
of it;
(3)
To the current, actual knowledge of Seller without investigation, Seller is not aware of any
material physical defects to the Property;
(4) To the current, actual knowledge of Seller without investigation, Seller is not aware of any
environmental hazards or conditions that affect the Property; and
To the current, actual knowledge of Seller without investigation, Seller is not aware that the
Property is or has ever been used for the storage or disposal of hazardous materials or toxic
waste, or any underground tanks or containers.
(5)
5.02 The foregoing representations and warranties will survive closing for a period of six (6) months, and
will be of no further force or effect thereafter, notwithstanding any provision herein to the contrary. Purchaser
acknowledges that Purchaser has already inspected the Property or will hereafter independently cause the Property to be
inspected on its behalf and that Purchaser has not entered into this Contract based upon any representation, warranty,
agreement, statement or expression of opinion by Seller (except as contained herein) or by any person or entity acting or
allegedly acting for or on behalf of Seller as to the condition of the Property. Purchaser agrees that the Property is to be
sold to and accepted by Purchaser at closing, AS IS, WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the express
warranties contained herein and the warranty of title set out in the Deed).
ARTICLE VI
REAL ESTATE COMMISSIONS
The parties hereto agree that there are no real estate brokers involved in this transaction.
ARTICLE VII
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 One Thousand Dollars ($1,000.00), the Escrow Deposit, which
shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII
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 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 VIII
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
3
performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser.
ARTICLE IX
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.
10.01.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
(a) This Contract may not be assigned without the express written consent of Seller.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights
and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
Notice
(c) 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
(d) 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
(e) 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
(f) 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
(g) 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.
4
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) 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.
Dated this 23rd day of January, 2003.
SELLER:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
221 E. Main Street
Round Rock, Texas 78664
PURCHASER:
SYCAMORE TRAIL, LTD
By: ASHTON OAKS, L.L.C.
Its General Partner
By:
Robert D. Wunsch, its President
5
11/27;'2002 14:59 5123811282
City of Round Rock
1.45 Acre Tract
Page 1 of2
RDW DEVELOPMENT
DESCRIPTION
PAGE 02/04
FOR A 1.45 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER
SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF A CALLED 1.49 ACRE TRACT OF LAN) AS DESCRIED
IN THAT DEED TO THE CITY OF ROUND ROCK AND RECORDED IN
DOCUMENT NO. 2001031577 OF THE OFFICIAL RECORDS OF SAID
COUNTY, SAID 1.45 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH T5 MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS;
BEGINNING on a %2" iron rod found on the north lute of said 1.49 acre tract, same being the
south line of a called 27.61 acre tract of land as described in that deed to Sycamore Trail, Ltd,
and recorded in Document No. 2001007249 of the Official Records of said county, sante being
on the east right-of-way line of Arterial "B» (120 foot right-of-way width) as recorded in
Document No. 2001038656 of the Official Records of said county, same being the northwest
corner hereof, from which a railroad spike found for the northwest corner of said 1.49 acre tract
bears, N 80° 41' 39" W for a distance of 27.55 feet;
THENCE with the north line of said 1,49 acre tract, same being the south line of said 27.61 acre
tract, S 800 41' 39" E for a distance of 205.85 feet to the northeast corner hereof;
THENCE with the east line of said 1.49 acre tract, same being an interior west line of said
27.61 acre tract, the following three (3) courses and distances:
1) S 02° 27' 50" E for a distance of 143.00 feet to a fence corner found for an angle point
hereof,
2) S 00° 03' 28" E for a distance of 94.78 feet to a Y2" iron rod found for an angle point hereof,
and
11/27/2002 WED 14:54 [TX/RX NO 6076] a002
11/27,'2002 14: 59 512321122
City of Round Rock .
I.45 Acre Tract
Page 2 of 2
RD4J DEVELOPMENT
PAGE 03/04
3) $ 02° 06' 00" E for a distance of 60.00 feet to the southeast corner of said 1,49 acre tract,
same being an interior southwest corner of said 27.61 acre tract, same being on the
approximate centerline of Lake Creek, same being the southeast corner hereof,
T13ENCE with the south line of said 1.49 acre tract, same being the said approximate centerline
of Lake Creek, N 76° 31' 55" W for a distance of 193.
81 eet to the southwet corner of said
1.49 acre tract, same being an interior southeast corner of sad 27.61 acre tracts same being the
southwest corner hereof,
THENCE with the west line of said 1.49 acre tract, same b
einan interior east line of said
27.61 acre tract, N 20° 13' 22" W for a distance of 175.57 feet to a 4» iron rod found on the cast
right-of-way line of said Arterial "B", same being a non -tangent point of curvature hereof, from
which a a" iron rod found for an angle point on the west line of said 1.49 acre tract bears,
N 20° 13' 22" W for a distance of 8.42 feet;
THENCE with the east right-of-way line of said Arterial "B", with the arc of a curve to the left,
having a radius of 776.20 feet, an arc length of 126.86 feet, a central angle of 090 21' 50", Load a
chord which bears, N 17° 15' 26" E for a distance of 126.71 feet to the POINT OF
BEGINNING hereof and containing 1.45 acres of land.
Bearing Basis is Grid North as based on the Texas State ?lane Coordinate System, +Central. Zone,
NAD '83
Survey work performed: March 28, 2001
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
7°b No.; 1154.2.001.29
File°amo: W:IPROJL••CTS OOVL•R1SKETCKE3\METES & SOUNDS\M1LL,ER.O0C
11/27/2002 WED 14:54 [TX/RX NO 6076] (7j003
11/27/2092 14:59 5123811282
RD'.' DEVELOPMENT
SKETCH TO ACCOMPANY DESCRIPTION
1
POINT OP
BEGINNING
/
/
1
PAGE 04/04
.P . A . J o L.).�'r-� S UR
A8 P. ,CI' No. .297
SYCAMORE TRAIL., ,LTD.
CALLED 27.61 ACRES
DOC. NO. 2001007249
iv
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. �1/ S �Os�I.3$Nk. zQ� 8.r
$..(
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J` +o'o'h
Jco • •s
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/ SYCAMORE TRAIL, LTD,
CALLED 27.61 ACRES
DOC. N0. 2001007249
SCALE: 1 " = 80'
WILLIAMSON COUNTY, TE'XA,F
6 1/E" IRON ROD FOUND
A. RAILROAD SPACE FOUND
C3 FENCE POST
=i
GT
1.74
1.45 ACRE
CITY OF ROUND ROCK
CALLED L49 ACRE"
DOC. NO, 200/031577
At is•,'Ssft
4PI'ROJ0414 Tt CFNfi ,9 61,
L��
cQNTINENTAL HOMES
CALLED 33,61 ACRES
OOC. No, 20000645°4
NUMBER
LI
L2
DIRECTION
N 80.4I'3S' W
N EO•I3'22N W
DISTANCE
27.35'
3.4E'
•
Om
a�
rrf
4ir CA,FE/t
DATE: JUNE, 2002
JOB NO.: 1154-2-00229
BY: M, NOLEN
PAGE 3 OF 3
IIEIAXER-AIOCLEN
• A6SIOCIIATE®, PING.
EN GIN REBS/SURVEYOR®
PILE NAME: HOp \SXETCNEs\DWG\MILLFR.DWG
PLOT DATE: JULY 02, 2002
11/27/2002 WEI) 14:54 [TX/RX NO 6076] Z004
DATE: January 17, 2003
SUBJECT: City Council Meeting — January 23, 2003
ITEM: 10.E.4. Consider a resolution authorizing the sale of 1.45 acres of land out
of the P.A. Holder Survey, Abstract 297, in Williamson County,
Texas to Sycamore Trails, Ltd
Resource: Tom Word, Director of Transportation Services
History: This 1.45 acre tract is surplus property acquired as part of the right-of-way for A.W.
Grimes Boulevard. This tract is no longer needed. Sycamore Trails, Ltd. is the
surrounding property owner.
Funding:
Cost: $36,000.00
Source of Funds: Round Rock Transportation System Development Corporation
Outside Resources: Sycamore Trails, Ltd.
Impact: None
Benefit: Sales of surplus property.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
Sheets & Crossfield, P.C.
Christine Martinez
221 East Main
Round Rock, Texas 78664
ATTORNEYS AT LAW
309 East Main Street • Round Rock, TX 78664-5246
phone 512-255-8877 • fax 512-255-8986
February 6, 2003
Hand Delivered
Re: 1.45 acre, more or less, out of the P.A. Holder Survey, Abstract 297, Williamson
County, Texas. City of Round Rock ("Seller") and Sycamore Trail, Ltd.
("Purchaser")
Dear Christine:
Enclosed is the original executed Real Estate Contract, where the City of Round Rock
("Seller") is selling 1.45 acres, more or less, out of the P.A. Holder Survey, Abstract 297,
Williamson County, Texas, to Sycamore Trail, Ltd. ("Purchaser").
CC/kg
Enclosure
Sincerely,
CA044/41#t Kd
Charles Crossfield
REAL ESTATE CONTRACT
State of Texas
County of Williamson
ORIGINAL
THIS CONTRACT OF SALE ("Contract") is made by and between the CITY OF ROUND ROCK, a Texas
Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Seller")
and SYCAMORE TRAIL, LTD. (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 a tracts of
land situated in Williamson County, Texas, being more particularly described as follows:
1.45 Acres, more or less, out of the P.A. Holder Survey, Abstract 297, Williamson County, Texas, being more
fully described in Exhibit "A", 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"), together with any improvements, fixtures, built-in appliances, and
personal property 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
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Thirty -Seven Thousand and no/100 Dollars
($37,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be paid 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 transaction 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. Within twenty-one (21) days after the date of execution of this Contract, Purchaser , at Purchaser's sole
cost and expense, will obtain from Georgetown Title Company, 1717 N. Mays St., Round Rock, Texas, 78664 (the
"Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents
relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before
the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the
Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller
may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to
O:\wdox\corr\gnl\sycamore\00042529.DOC
Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all
purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser.
Miscellaneous Conditions
3.03. 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
CLOSING
The closing shall be held at the Title Company, on or before February 15, 2003, or at such time, date, and place
as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date").
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and
indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions,
easements, assessments, and restrictions, except for the following:
(i)
General real estate taxes for the year of closing and subsequent years not yet due and
payable;
(ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Seller'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 above, 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.
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
4.03 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.
Closing Costs
4.04 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 paid by Purchaser;
Filing fees for deed paid by Purchaser;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
2
ARTICLE V
REPRESENTATIONS OF SELLER
5.01 Seller represents and warrants to Buyer, as of the closing date, as follows:
(1) There are no parties in possession of any portion of the Property as lessees, tenants at
sufferance, or trespassers;
(2) To the current, actual knowledge of Seller without investigation, Seller has complied with all
applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part
of it;
(3)
To the current, actual knowledge of Seller without investigation, Seller is not aware of any
material physical defects to the Property;
(4) To the current, actual knowledge of Seller without investigation, Seller is not aware of any
environmental hazards or conditions that affect the Property; and
To the current, actual knowledge of Seller without investigation, Seller is not aware that the
Property is or has ever been used for the storage or disposal of hazardous materials or toxic
waste, or any underground tanks or containers.
(5)
5.02 The foregoing representations and warranties will survive closing for a period of six (6) months, and
will be of no further force or effect thereafter, notwithstanding any provision herein to the contrary. Purchaser
acknowledges that Purchaser has already inspected the Property or will hereafter independently cause the Property to be
inspected on its behalf and that Purchaser has not entered into this Contract based upon any representation, warranty,
agreement, statement or expression of opinion by Seller (except as contained herein) or by any person or entity acting or
allegedly acting for or on behalf of Seller as to the condition of the Property. Purchaser agrees that the Property is to be
sold to and accepted by Purchaser at closing, AS IS, WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the express
warranties contained herein and the warranty of title set out in the Deed).
ARTICLE VI
REAL ESTATE COMMISSIONS
The parties hereto agree that there are no real estate brokers involved in this transaction.
ARTICLE VII
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 One Thousand Dollars ($1,000.00), the Escrow Deposit, which
shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII
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 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 VIII
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
3
performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser.
ARTICLE IX
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.
10.01.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
(a) This Contract may not be assigned without the express written consent of Seller.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights
and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
Notice
(c) 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
(d) 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
(e) 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
(f) 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
(g) 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.
4
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) 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.
Dated this 2311 day of January, 2003.
SELLER:
CITY O ' O
By:•
D :
axw , Mayor
221 E. Main Street
Round Rock, Texas 78664
PURCHASER:
SYCAMORE TRAIL, LTD
By: ASHTON OAKS, L.L.C.
Its General Partner
By:
Robert D. Wunsch, its President
5
Li, LandAmerica
=I Austin Title
PAY •
O THE
AIDER
)F
iF No.
AUSTIN
TITLE
COMPANY
101 E. OLD SETTLERS BLVD.
SUITE 100
ROUND ROCK, TEXAS 78664
THIRTY SIX THOUSAND EIGHT HUIEWINIBIETY ONE DOLLARS
CITY OF ROUND ROCK
248545 - U
VOID AFTER 90 DAYS
WELLS FARGO BANK 37-65/1119
GF No.
03 CENTS
DATE
3/11/2003
018644
0018644
AMOUNT
$ *****36,891.03
AUST
ANY
IN TITLE COMPANY O'
�BAAUSTIN E COM'
ESCRO ACCOArta )'41411f /AL A A A_A. .14AA
n■0 1864411' 1s L L L9006 591:06 1 290600811'
TW
SIGNATURES REQUIRED
THE BACK OF THIS CHECK CONTAINS AN ARTIFICIAL WATERMARK - CAN BE VIEWED AT AN ANGLE
DETACH BEFORE CASHING OR DEPOSITING CHECK
AUSTIN TITLE COMPANY OF AUSTIN, DBA AUSTIN TITLE COMPANY
ESCROW ACCOUNT
248545 - U
Bank Name: WELLS FARGO
Check No: 0018644
Location: RR
Check Amt: 36,891.03
Check Date: 3/11/2003
Closer: 384
101 E. OLD SETTLERS BLVD., STE. 100
ROUND ROCK, TEXAS 78664
Seller/Owner: CITY OF ROUND ROCK
Buyer/Lender: SYCAMORE TRAIL.,
PROPERTY DESCRIPTION:
Street No.:
City: ROUND ROCK
Lot:
Addn:
No. 008
Street:
Block:
SELLERS PROCEEDS
LTD.
State: TX
County: WILLIAMSON
36,891.03
36,891.03
018644
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03/11/2003 TUE 12:50 FAX SHEETS & CROSSFIELD P.C. Z002/011
Date:
Grantor:
Lo --o QZ
2/3
SPECIAL WARRANTY DEED ��
FEa/l Ge y aO , 2003
CITY OF ROUND ROCK, TEXAS, a Texas home rule municipality
Grantor's Mailing Address (including
CITY OF ROUND ROCK, TEXAS
221 E. MAIN ST.
ROUND ROCK, TEXAS 78664
WILLIAMSON COUNTY
Grantee: SYCAMORE TRAIL, LTD.
Grantee's Mailing Address
SYCAMORE TRAIL, LTD.
4314 W. BRAKER LANE
SUITE 250
AUSTIN, TEXAS 78759
TRAVIS COUNTY
(including
county) :
county):
ORIGINAL FILED
BUT NOT ( Arm ^--�
MAR 1 1 2003
c°'mp per, �gy�on co. �r
Consideration: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
Property (including any improvements):
1.45 acres, more or less, out of the P.A. Holder Survey,
Abstract No. 297, Williamson County, Texas, being more fully
described in Exhibit "A", attached hereto and incorporated
herein.
Reservations From and Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded instruments, other than liens and
conveyances, that affect the property; taxes for the current year, the
payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators, successors or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators and successors to warrant and
ePFDeskGOD\::ODMA:7ORLDOY/O!/MDOWGORR/GNL/syO1MORE/ODOdl187.71PD
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rj003/011
forever defend all and singular the property to Grantee and Grantee's
heirs, executors, administrators, successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance
and warranty, when the claim is by, through or under Grantor, but not
otherwise.
By the acceptance of this Deed, Grantee is taking the Property AS
IS, WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT ANY REPRESENTATIONS
OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the express
warranties contained herein and the warranty of title expressly set
forth herein.
When the context requires, singular nouns and pronouns include the
plural.
STATE OF TEXAS
CITY OF ROUND ROCK, TEXAS
B
yo r
ACKNOWLEDGMENT
l
COUNTY OF WILL/M1500
LL/M150&)
This instrument was acknowledged before me on this the day of
rEZPLARy , 2003, by NYLE MAXWELL, Mayor, CITY OF ROUND ROCK, TEXAS, a
Texas home rule municipality, on behalf of said municipality.
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
MAR -11-2003 13:05
Notary Public, State of Texas
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
2.
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City of Round Rock
L45 Acre Tract
Page 1 of 2
DESCRIPTION
FOR A 1.45 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER
SURVEY, ABSTRACT NO, 297, WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF A CALLED 1.49 ACRE TRACT OF LAND AS DESCRIBED
111 THAT DEED TO THE CITY OF ROUND ROCK AND RECORDED IN
DOCUMENT NO. 2001031577 OF THE OFFICIAL RECORDS OF SAID
COUNTY, SAID 1.45 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRJBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING on a 'A" iron rod found on the north line of said 1.49 acre tract, same being the
south line of a called 27.6I acre tract of land as described in that deed to Sycamore Trail, Ltd.
and recorded in Document No. 2001007249 of the Official Records of said county, same being
on the east right-of-way line of Arterial "B" (120 foot right-of-way width) as recorded in
Document No. 2001038656 of the Official Records of said county, same being the northwest
comer hereof; from which a railroad spike found for the northwest corner of said 1.49 acre tract
bears, N 80° 41' 39" W for a distance of 2755 feet;
THENCE with the north line of said 1.49 acre tract, same being the south line of said 27.61 acre
tract, S 80° 41' 39" E for a distance of 205.85 feet to the northeast corner hereof;
THENCE with the east line of said 1.49 acre tract, same being an interior west line of said
27.61 acre tract, the following three (3) courses and distances:
1) S 02° 27' 50" E for a distance of 143.00 feet to a fence corner found for an angle point
hereof,
2) S 00° 03' 28" E for a distance of 94.78 feet to a 4" iron rod found for an angle point hereof,
and
EXHIBIT
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City of Round Rock
1.45 Acre Tract
Page 2 of 2
3) S 02° 06' 00" E for a distance of 60.00 feet to the southeast comer of said 1.49 acre tract,
same being an interior southwest comer of said 27.61 acre tract, same being on the
approximate centerline of Lake Creek, same being the southeast corner hereof;
THENCE with the south line of said L49 acre tract, same being the said approximate centerline
of Lake Creek, N 76° 31' 55" W for a distance of 193.81 feet to the southwest comer of said
1.49 acre tract, same being an interior southeast corner of said 27.61 acre tract, same being the
southwest corner hereof;
THENCE with the west line of said 1.49 acre tract, same being an interior'east line of said
27.61 acre tract, N 20° 13' 22" W for a distance of 175.57 feet to a 'A" iron rod found on the east
right-of-way line of said Arterial "8", same being a non -tangent point of curvature hereof, from
which a 'A" iron rod found for an angle point on the west line of said 1.49 acre tract bears,
N 20° 13' 22" W for a distance of 8.42 feet;
THENCE with the east right-of-way line of said Arterial "B", with the arc of a curve to the left,
having a radius of 776.20 feet, an arc length of 126.86 feet, a central angle of 09° 21' 50", and a
chord which bears, N 17° 15' 26" E for a distance of 126.71 feet to the POINT OF
BEGINNING hereof and containing 1.45 acres of land.
Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone,
NAD '83
Survey work performed: March 28, 2001
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suitc 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154-2.002-29
Filename: W:IPROJEC SI.HOOVERISKETCfl METES & BOUNDS\MILLER-DOC
MAR -11-2003 13:05
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P.05
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1
I
1
I
SKETCH TO ACCOMPANY DESCRIPTION
1
1
1
POINT OF '
BEGINNING
- A- J- c IZ S UJ \/ y.
�.BSTrzAc-r ,Nro 2g7
1 SYCAMORE TRAIL, LTD.
CALLED 27.61 ACRES
v
DOC. No. 2001007249
F
h
S�ect) .
0) � • u S epe41'3t9
„,
O~ f j No. O 205.0.s.
OS QS.
WO•� Ao�b�
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Q� oct-r
tiV1
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/ SYCAMORE TRAIL, LTO.
CALLED 27.61 ACRES
�• DOC NO. 200/007249
SCALE, 1 " = 60'
WILLIAMSON COUNTY, TEXAS
• 1/2- IRON ROD FOUND
% RAILROAD SPIKE FOUND
O FENCE POST
MAR -11-2003 13:06
-a
1.45 ACRE
CITY OF ROUND ROCK
CALLED L49 ACRE
DOC. NO. 2001031577
N
CONTINENTAL HOMES
CALLED 33.61 ACRES
DOC. NO. 2000065504
3 „09,1Z•ZO
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CES fRL/N
E OP L q .CREEK
DATE: JUNE. 2002
J08 NO.: 1154-2-002-29
BY: M.NOLEN
PAGE 3 OF 3
Z006/011
BAKER-AICKLEN
61. ASSOCIATES, INC.
ENGINEERS/SURVEYORS
FILE NAME: HOOVER\SKETCHES\DWG\MILLER.DWG
PLOT DATE: JULY 02. Jnn9
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STATE OF TEXAS
SHEETS & CROSSFIELD P.C.
ORIGINAL FILED
3u'- NOT CM/IPA '
MAR 1 1 2003 N "RELEASE OF EASEMENT
COUNTY OF WILLIAMSON
EASEMENT IS DESCRIBED IN
THE FOLLOWING DOCUMENT:
OWNER OF EASEMENT:
PROPERTY BURDENED BY
THE EASEMENT:
PROPERTY BENEFITTED BY
THE EASEMENT:
OWNER OF THE BENEF111bU
TRACT:
Z007/011
2_J�C-
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w,,eTx
Warranty Deed with Vendor's Lien dated March 25, 1980,
recorded in Volume 790, Page 892, Official Records of
Williamson County, Texas (a copy of which is attached hereto
as EXHIBIT A).
City of Round Rock, Texas
Approximately 27.61 acre tract conveyed to James 7. Hoover
described in a Deed recorded in Volume 649, Page 114, Deed
Records, Williamson County, Texas; said Easement described
by metes and bounds in the Warranty Deed recorded in
Volume 790, Page 892, Official Records of Williamson
County, Texas.
BEING an approximate 1.50 acre tract out of the P. A Holder
Survey, Abstract No. 297, Williamson County, Texas, being
described by metes and bounds in the Deed recorded in
Volume 790, Page 892, Official Records of Williamson
County, Texas (the "Benefitted Tract").
City of Round Rock, Texas
The City of Round Rock, Texas, being the Beneficiary and Owner of the Easement described above,
and being the Owner of the Real Property to which the Easement is appurtenant and which benefits
from the Easement, for a good and valuable consideration, the receipt of which is hereby
acknowledged, has RELEASED AND DISCHARGED, and by these presents RELEASES AND
DISCHARGES the Easement described above.
MAR -11-2003 13:06
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EXECUTED this c90 day of FE( uf}Ry , 2003
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
CITY OF ROUND ROCK, TEXAS
BY:
NOTARIAL ACKNOWLEDGMENT
MAYOR
ACKNOWLEDGED BEFORE ME by the said Nyle Maxwell, as Mayor of the City of
Round Rock, Texas, on this 0 day of retee,UARy , 2003.
w.�
0.
•
CIiRISTINE R. MARTINEZ
;PI MY COMMISSION EXPIRES
Must 28, 2005
1
NOTARY PUBLIC ' State of TEXAS
KAIWOSycamorc Trail Ltd P2860\Round Rods .071RELEASE-Eascmeot
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P.es
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rill /.V..Of10E 892
WARRANTY DEED *WITH VENDOR'S LIEN
me STATE OF TEXAS
COUNTY OF Wnitulfsen
... new...wJr •..-. ti .... -e ".M..r./ 1...0 ,v
1 10198
tKNOW ALL MEN HY THESE PRESENTS:
Thai vs. JAMES J. HOOVE>t
and wit's. SUE S. iSOOVLY,
of the County of Williataaon
• and Sista of 'Taxes
eensiderotlon of the sum of _. for and in
($10.00) -__TEN AND NO/100_______________________
and other •aluebk consideration to the undstYi DOLLARS
lira' paid by me gtanteta hcrein named, the receipt of which
is hereby eekaowl.dttghed, in the further onneldentbn D( the execution and deltvcry
omits**
A saa'otheir
principal ■oneot certain
o L gory note of oven dat e kereewith
inithe 5ipa e Fifty -Five Thousand, Tro Hundred and No/100
Associa-
tion in iia offices)in'Ra d lock, Williamer sonf BCounty. Saving, Atherei-
nprovided and bearing interest at the retail therein County. Texas
ttoding for atceeleratien of maturity is event of dafault.and for
nney ■ fees,,
•
•
the payment of whkh note is snouted by the vondofs lion herein retained, and Is additionally secured by a dead
of treat of earn duo herewith to
ROBERT E, AlIOADPS Treater,
Iwo GRANTED, SOLD AND CONVEYS end by those poems do ORANr, SELL AND CONVEY unto
ROG 'A,. MLER and vita, SUZANNE 8. }¢LLZR
of the County of Williamean and State of Tones a all of the following described real
property in litiliataaon County, Teta& wait:
•
-r ewra. n - ... ...roes
•
MAR -11-2003 13:06
•
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f
1
BEING a 1.50 acre tract our of cha P.A. Holder Survey, Abstract
No. 297, aituazad in Nilliamaon Cauuty, Texan, and also being
out of the aouthaaatertt corner of chat 27.61 acre tract conveyed
to Jesse J. Heaver da eribad in a deed recorded in Vol. 649, Pg.
114, Deed Records of said County, said 1.50 acre tract being more
particularly described by motets and baunda as follower
BEGINNING at cha 9outheasc corner of staid Hoover tract for the
Southeast corner hawse/ and also being in the center of Lake Creak;
THENCE N 74'34'W. 193.60 feet along the center of Lake Creak to
chs Southwest corner hereof;
THENCE v 18' 44'1J, 183.99 fest to an iron pin eat and N n7' 56'40"E.
118.27 feet to a railroad spike set for the Northwest corner hereof;
THENCE 9 78'54'30"P., 233.40 fear to as Pence corner poet in the
Eaet line of acid Hoover tract far ch.Nartheast touter hereof;
THENCE southerly along said fence 9 00'59'40"E, 143.00 feac to
a fence dormer. 3 Ol'41'W, 95,05 feet Co an iron pin found on
Cha North ton of bank of Lake Creek and 9 00'37'E, 60.00 feet
to the POINT OF BEGINNING of chis deocribsd creat containing 1.50
sores of land acro or lees.
Por the canaiderarion hsreinbefers set faith, JAMS S. fl VEIL end wife, 511 S. PLOVER do
additionally Borate, bargain, sell, end =may tato SOM. A. mu= BM wife, SUZANNE 8.
1,47.Ii7t an eaeeenett and rigpt.af-way upon end =moan the falai*/ described property of
tramcar, Hare perticu1erly described in Exhibit A attached hereto end made a parr hereof
for all purpaaes.
TO HAVE 'AND TO HOLD the above described premien. together with all and Lingular the rights ant
appurtenances thereto in anywise belonging unto the said gramme ,
their heirs 2nd aaalgn
forever. and we' do hereby bind ourselves , our heirs, esecutor* and admtniatreton t.
WARRANT AND FOREVER DEFEND all and insular the said promises unto the Laid grantees . thele
hairs and aaiens. against every person whomsoever lawfully e.laimins or to lairs the same or any pa
therw4
But it is espeealy agreed shot the VENDOR'S LIEN, as well as the Superior Title In and to the stun
described premises, is retained against the oboe* described property. premises end Improvements until the atm.
described nags and all interest thereon are rutty geld according co the race, tenor, effect and reading thee/
when thin Deed chill become aleolute.
Tho Equitable Savinga Association, at eha instance and requeac of
the granters herein. having advanced andaid in cash to the grantor
e■ is avidottead• by the .hsrsinabove described Fifty -Five Thousand, 'Luso
Hundred and No/100 Dollar ($55,200.00) Noce, the Vendor's. Lion, together
with the Superior. Title to said property. is retained herein for the
benefit of said Equitable Savings Aseeeiation end the aama are hereby
TRANSFERRED and A951FNXn co said Equitable Savings Asaoeiatian.
This conveyance is made and accepted subject to the following reecrieei.
1. No structure o! a temporary character, trailer, mobilo home
basement, tent, shack, garage, or other outbuildings shall be
used on the property at any time as a residence, either tempora
or permen■nt2ly. .
2. No anlmtale, livestock. or unaged poultry of'any kind =hall
be reiaad, bred, or kept on the property except ono (1) large
animal and/or three (3) spall animals.
3. 'All property shall be used for residential purposes only,
and no building shall be aroeted, altered, placed or permitted
to remain on any property ocher than one detached atingle !=mil)
duelling not to exceed two (2) stories in height and a private
garage for not more than three (3) automobiles. The property
shall not be used for commerical, school, or mining purposed.
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■
EXECUTED Ihi■ 25th day -A-D. 19 80
: t ' • :) SUES DOVER
- - - (Aedmewwdp°wj --
THE l?ATN Or TEXAS `
COUNTY or WXLLIAte$0N Jl
Odom m■, the mid/nip/sod suth■ray, on MN day t+nonally typo/rid
9u. S. Hoover
know■ is me le i les po. s...a__. edict. Mms..L.ar'E. wh,albdd to 1
that... -E. hat.- eaoeul.d Me Nino tor M. purposes ..d .°odbadM%
d.
ol•.ruR44',lor �'aa and aae! ■f srCw on IMP Uy ,Nd. rub o wD 1 BO
rr' ` i , ` �? n a Is and for Wi 3 on Y f evsty, ? w
i-,: ✓ : v My i u'lIUtus opiroo19.-
1'7 • 1 . c
'4 ` .'t t
1DWIUIT "An
Jame■ J. Hoover and wife,
•
seh.wl.daee Is .is
rrrlelM or Zrompee a■m■ of notary) "r—^
M'rLIND, MODsta'
rwora,tt Pueuc •
aa■.u,.e" ■ oe d•tt.e1
FIELD NOTES FOR A TWENTY (201 FOOT WIDE ROADWAY EASEMENT
Field Notes describing a twenty (20) foot wide roadway easement across
• 27.61 acre tract conveyed to James J. Hoover described in a deed recorded
in Volume 649, Page 114 of the Deed Records of Williamson County. Teras
said easeteent'lying twenty feet southerly end westerly of its herein
described north and east lines:
Beginning for Reference at the most westerly corner of said Hoover
traet being 1n the South margin of the Missouri Pacific Railroad;
THENCE 314040'E 249.14 feet Clang the West line of said Hoover tract
to the True Point of Beginning of this described easement;
THENCE along the North line hereof the following three courses: (1)
sa3°04'00"E 326.41 feet to a fence corner, (2) N89°1!'504E 346.45
feet t° a fence angle point. (3) N83°02'151 67.05 feet to a Pence
corner;
THENCE S0101I'40"E 176.80 feet along an east line hereof to
a 'roma corner;
THENCE Tong the North line haraof 568°54'E 101.82 feet to a .fence
angle point and S880571. 148,30 feet to a point in said fence for an
ell corner hereof;
THENCE S87056:40"W 138.82 feet along an East line hereof to a point in
the North line of a 1.50 acre tract surveyed this day for Roger Millers
said point being the ending point of this described easement and also
being 578°54'30"E 20.03 feet from the Northwest corner of said 1.50
acre tract.
TEs STATE Of TLXA9 urt of Me Gooses Courter told Ce■e/y. ds h.nay em
Cooney of W Ililamton } 1,3a�p6„. >;%�w';'yC
esnl�af suth€ed.rstee. wet Nod for ?mord is orfke o■
dry law v.■ rerdNlna laoww.at le !°!W�� It1 •
,l aufle e'elaeY�� M.. aneduly.otdgUUs.'
,1,S 26tn day ■f�J111001 1.Dras ' �j
la• 27th i. of March.' 4.e. 10.(0.M,.Mtha__�. -.+�•
b..d •1. P�1iivraOfsaki pinny.
IAV.I lee 9a -
WITNESS MY 14ANb raid, rut sf 14 tarp Weis el mild, Goons. u Oka le 0..rp wn. Tem. ua dem
len ahem wdant, •
ay /6vr�1
3AMv N. Bd'Dsro$. =SPX,
County Co" rd1114oaoa Csaoiy.'f.ssa '
2
• ?11I"
MAR -11-2003 13:0?
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