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R-2017-5040 - 12/21/2017 r RESOLUTION NO. R-2017-5040 WHEREAS, the City of Round Rock ("City") desires to purchase right of way necessary for the RM 620 Right of Way Project, and said tracts ("Property") are described as follows: All of that certain 0.218-acre tract of land (Parcel 14) and all of that certain 0.005-acre tract of land (Parcel 14R), and WHEREAS, Kristine Warren and James A. Warren, the owners of the Property, have 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 Kristine Warren and James A. Warren, 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 21 st day of December, 2017. CRAIG ORGA yor City of ound R c , Texas ATTEST: SARA L. WHITE, City Clerk 0112.1704;00391454 EXHIBIT „A» REAL ESTATE CONTRACT RM 620 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between KRISTINE WARREN and JAMES A. WARREN, (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: All of that certain 0.218 acre (9,480 square foot) tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 14); and All of that certain 0.005 acre (238 square foot) tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; being more particularly described by metes and bounds in Exhibit `B", attached hereto and incorporated herein (Parcel 14R); 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 described herein not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the portion of the Property and the acquisition of any improvements on the portion of the Property described in Exhibit "A", shall be the sum of TWO HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED and 00/100 Dollars ($234,500.00). 2.02. The Purchase Price for the remaining portion of the Property and the acquisition of any improvements on the remaining portion of the Property of Seller described in Exhibit "B" shall be the sum of FIVE HUNDRED and 00/100 Dollars ($500.00). 00389773.DOC Payment of Purchase Price 2.03. The Purchase Price 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 4.01. 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: (a) 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; (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof, 4.02. The Property herein is being conveyed to Purchaser under threat of condemnation. 2 ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Capital Title Company on or before January 10h, 2018, 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"). Prior to the Closing, Purchaser, its contractors, employees or agents will be allowed to enter the improvements located on the Property for the purpose of collecting samples for hazardous materials testing according to TxDoT standard policies and procedures, and Seller shall make reasonable arrangements to provide Purchaser such entry and access on the date and time requested by Purchaser. The results of any testing authorized herein shall not alter any of the obligations in this Contract. Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the State of Texas a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A", and deliver to the City of Round Rock a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit `B", both 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) The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached hereto. The Deed to the City of Round Rock shall be in the form as shown in Exhibit "D" attached hereto. (3) 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 each Grantee's fee simple and/or easement interests in and 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: 3 (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". (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property acquired in fee simple 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. 4 ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, 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. If no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 5 Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 8.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8.06. Time is of the essence in this Contract. Gender 8.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 6 Ellbetivc Date 5.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. Counterpis 8,11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. ELLER; Address• _,( Akine mien Date: www, ,A,ddress• �Ls ,1 es A. Wariren Tutt;: 7 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Address: 221 East Main St. Craig Morgan, Mayor Round Rock, Texas 78664 Date: 8 Reissued 12/O4/ 5 Page 1of4 EXHIBITA. County: Williamson Highway: R, yW. G2O Liru1ba: DeepwoodDr, ho |H35 CSJz 0083'01'092 PROPERTY DESCRIPTION FOR PARCEL14 DESCRIPTION OFAD.21HACRE (0'4BOSQUARE FOOT) PARCEL DFLAND SITUATED 1NTHE J.k4. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2OOFTHE LITTLE OAK ADDITION SUBDIVISION RECORDED (NCABINET A. SLIDES 350-352 OF THE PLAT RECORDS OFVNLL|AK4SON COUNTY TEXAS AND CONVEYED TO KR|ST|NE WARREN BY INSTRUMENT RECORDED IN DOCUMENT NO, 2004064710 OF THE OFFICIAL PUBLIC RECORDS OF VV/LL|AK48DN COUNTY, TEXAS, AND JAMES A. WARREN BY INSTRUMENT RECORDED IN DOCUMENT NO. 2008082332 OF THE OFFICIAL PUBLIC RECORDS OF WILLIMSON C0UNTY, TEXAS, SAID O218ACRE (B.48O SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BYMETES AND BOUNDS A8FOLLOWS: BEGINNING FOR REFERENCE, at oohcukshad point in the nodhedy boundary Kna of Lot 22 of said subdivision and conveyed to Kyle Ray Rannn by instrument recorded in Document No. 9909052 of the Official Records of Williamson County. Texas, being the moot Southeasterly corner of Lot 19 of said subdivision and conveyed to Juanita A, Madonna by instrument recorded in Document No. 199931537 of the Otho{a| Public Records of VViUiamson County. Texoa, same being the most southwesterly corner of said Lot 20. 112.88 feet right of proposed Ranch to Market(R.M.)820 baseline station 487+34.40, THENCE deporting the northerly boundary line ofsaid Lot 22, with the common boundary line of said Lot 19 and said Lot 20, N 0702633" W at a distance of 0.33 feet pass a W iron rod found and continuing for a total distance of 13.25 feet to o &^ iron nod with TxOOT aluminum cap oet. 99.88 feet right of proposed R.M620 baseline station 487+91.77. being in the proposed southerly right-of-way (ROW) line ofR,N1, 620 (ROW width varieo), for the most southwesterly corner and POINT OF BEGINNING of the herein described parcel', 1) THENCE, departing said proposed southerly ROW line ofR.W1. 820. continuing with the common boundary line ofsaid Lot 19and said Lot 2O. 007°28'3Q',VVot adistance of03.27feet pass e >6" iron rod tound and continuing for e total distance of 63.53 feet to a o@|ou|ahad point being in the existing oun/}nQ southerly ROW line of R.M. 620 (ROW width varies), being the northeasterly corner of said Lot 19. same being the northwesterly corner of said Lot 20. for the northwesterly corner of the herein described paroe/� 2) THENCE with said existing curving southerly ROW line of R.M. 620. same being the northerly boundary line of said Lot 20. along said oumo to the hght, having a delta angle of 09'06'5711, a radius of 1095,92 feet, an arc length of 174.36 feet, and a chord which bears S 84"2B'07" Efor a distance of 174.18 0*ot to e calculated point, being the northwesterly corner of Lot 24 of said subdivision and conveyed to Penny A. Lackey and Tina D. Lackey by inokument recorded in Volume 1589. Page 583 of the Official ReuoujmoyWilliamson County' Texas, same being the northeasterly corner of said Lot 20, for the northeasterly corner of the herein described parcel; Reissued 12104/15 Parcel 14 Page 2of4 3) THENCE, departing said existing southerly ROW |(na of R.M. 620. with the common boundary line of said Lot 24 and said Lot 20. S O7"25'33" E at distance of 1.01 feet p000 o 3/8" iron nod found and continuing for a total distance of 32.88 feet to a co|cu|ohad point being the most northeasterly corner ofLot 23 of said subdivision and conveyed to Steven W. Redden and Linda J. Redden by instrument recorded in Volume 2022' Page 46 of the Official Records of Williamson Couniy. Texon, being the southeasterly corner of said Lot 20, for the southeasterly corner of the herein described parcel; 4) THENCE, with inpart the northerly boundary line ofsaid Lot 23and |npart the northerly boundary line of said Lot 22, same being the southerly boundary line of said Lot 20, S Q0"58'27`, W fora distance of 134.45 feet to a ��^ iron rod with TxOOT aluminum cap aat' 104.92 feet right of proposed R.M. 620 baseline station 487+70.25. being o point in said proposed southerly ROW line ofR.PN. 02O. for enangle point o[the herein described parcel; THENCE, departing the northerly boundary line ofsaid Lot 22, with said proposed southerly ROW line of R.M, 620, through the interior of said Lot 20, the following two(2) courses: 5) N 77"42,08''W fora distance of 9.57 feet to a y6" iron rod with TxOOT aluminum cop set. 103.58 feet right of proposed R.M. 620 baseline station 487+60.41, for a point of tangency; 8) Along a curve to the |eft, having a delta angle ofO1"%7,12". a radius of 985.00 feet, on oro length of 27.85 foet, and o chord which beans N 78030'43" VV for o distance of 27.85 feet to the PC}|0T OF BEGINNING,containing 0.218 acres (9,480 square feet)of land, more or less. This property description iaaccompanied byaseparate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate 8yah*m, Central Zone No. 42O3. NAD 83. THE STATE OFTEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF VV}LL|A&48ON § That |. M. Stephen Trueada|e, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the beat 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 W1YHAND AND SEAL atRound Rock, Williamson County, Texas. Registered Professional Land Surveyor No. 4833 Licensed State Land Surveyor Inland Geodetioo. LLC Firm Registration No: 100591'00 15O4Chisholm Trail Road, Suite 1O3 Round Rock, TX78O81 EXHIBIT PLAT TO ACCOMPANY PARCE4 L DESCRIPTION Re f ssueU= 1210411 PACE .3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C I 09°06'57" 1095.92' 1-74. 36' 174. 18' S840 28'07"E. (CI) (174. 3' ) `- C2 01° 37' 1 2' 985.00' 27. 85' 2.7.85' N 78* 30'43"W ---- _._�.............._._ N PROPOSED t2.M. 620 BASELINE P1 STAT!ON = 450+55.903 NUMBER DIRECTION DISTANCE DELTA - 22' 57' 22* fRTk l_I N77°42`�}$"Yt1 9. 57' . S7 f_._ DEGREE OF CURVE = 02' 02' 47' TANGENT * 565.55: LENGTH = 1121.85 RADIUS - 2800.00 PC STATION 484+67.35 0 25 10 PT STATION 4961.09.20 P.C. P. I. P.T. X=3128065.2590 X=3128633,01335 X-3129162.5381 I " _ 0' Y-f0160813,5144 Y-10160827.7278 Y-10160615. 1340 R• M 620 0.W. WiDT14 VARIES) 466.00 -l-------.._..2ROPOSED rR,M 4&I+{t0 �620 BASE(_INE 488.00 489,00 SEE DETAIL w8" . cv F7D" N I TA A. MADONNA -1 LOT 20 (C)) "`""",�•.. ING'R. C'. Nc�. 195931537 _- 0.P. R.W.C. T. KR I ST I NE WARREN SEE. DETAIL 'C* DOC. No. 20040'6471 N07.25''33"W_ r� JAMES A. IYARREN 63.53' 14 COC. No. 2008`082332 — SOT'25 33"'E `-�- `�' O.P.R.W.C. T.P.R.W.C. T. 321 98' F P. 013 B. �„j1 0..2!8 AC. � � 'Sj7°23'E 3.3` ) � 9,4.80 SO, t- 1• .. .. 1 Y PARCEL `,1 -- ti4�i7 C ;^0° I PENNY„, LO 1' I STA. 4137-3w r7-- ENVY A. .LAC .EY, C'2 0L 1 : 1 0°58' 2-�_..W. 13�1�A5 ( TINA D;:I LACKEY t 99.88' RT VOL. 1989,` PG. 503 _ s L/hn0.R. C. TA kP N07"25'33"W ° SIA. 487-70.25 13.25' , rvOr104.92' FIT 4. . STA. 487+60.41 P. O. R. r' 103.58' RT � 1� �'i� I OT/1241 PARCEL 14 t � STA. 487134.40 LOT 23 rn I 112.513' RT LOT 22 j STEVEN W. REDDENLOT" 21 rp '- 1 KYLE RAY RANNE LINDA J REDDEN , rs 9 LITTLE OAK ADDITION � � 'SOL. 2022, PG. 46 � w ;+ � CAB. A, SL. 350-352 � DOC. N:�, 97Q9G�2 � 0.R ,W.-c � 1� P.R.W. 7. O.P.R.W.C.T. C! b. ul '- ----ES►G RO. 1� L.'OT 20 R. M. G0 - X7 � GLENWOOD; ST. P. O. R. �N070 25` z5"W R.O.W. (t 1 ) i6 r 0. 33 507 25 33`E. ss ° 0 IN PARCEL 1 4 S07°25'33"E LOT 20 (SFR gs_A11 LOT 19 STA. 487-34.40 LOT 22 ---- ' DETAIL.. „A„ DETAIL :,8„ DETAIL „C„ N. T. S. N. T. S. N. T. S. — PARCEL PLAT SHOWING PROPERTY OF • Texas Department of Trams ortation GE E;T'f .� JAMES 1�. �ARREN � � PROFESSIONAL LAND SURVEYORS 1504 CHiSHOLM TRrtIL PD.STE.103 E � � t ROUND ROCK,TX.78681 SrALE 1 5J � PROJECT COUNTY t.. RK(512)238-1201,FAX(512)23$-1251 1 5(r 0683-01-092 1 RM 620 W I LL I AMSCN EXHIBIT A " PLAT TO ACCOMPANY PARCE=RIPTI®N ReISSUed! 12N/04/15 PAGE 4 OF 4 LEGEND N TXDOT TYPE I CONCRETE MONUMENT FOUND I?- PROPERTY LINE E01 '/2" IRON ROD SET W/ TXDOT ALUMINUM CAP RECORD INFORMATION TO BE REPLACED BY TYPE 11 MONUMENT SET LINE BREAK [j) TXDOT TYPE 11 CONCRETE MONUMENT FOUND LAND HOOK P.O.B. POINT OF BEGINNING 0 1/2- IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE 0 '/2" IRON ROD I:OUND W/PLASTIC CAP N.T.S. NOT TO SCALE 0 COTTON GIN SPINDLE FOUND D.R.W.C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS X X CUT FOUND O.R.W.C. T. OFFICIAL RECORDS A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS O.P.R.W.C. T. OFFICIAL PUBLIC RECORDS Q CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0 1/2" IRON ROD W/ ALUMINUM CAP P.R.W.C. T. PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) CENTER LINE 1) All bearings shown hereon are based on grid bearing. All 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 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1300686052, ISSUED BY STEWART TITLE. GUARANTY COMPANY, EFFECTIVE DATE AUGUST 21, 2013, ISSUE DATE AUGUST 27, 2013. 1. RESTRICTIVE COVENANTS: CABINET A, SLIDES 350-352, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 11. 5 FOOT PUBLIC UTILITY EASEMENT OVER REAR OF LOT AS SHOWN ON PLAT RECORDED IN CABINET A, SLIDE 350-352, PLAT RECORDS WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 12. 10 FOOT WIDE UTILITY EASEMENT ALONG THE EAST LOT LINE DATED SEPTEMBER 24, 1971 TO THE CITY OF ROUND ROCK IN VOLUME 54I, PAGE 76 , DEED RECORDS WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. d *40. + 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT ST F4. TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT -'t THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND C M.STIE TMSD SUPERVISION. Af e34 U 0,14t 4 11-e M. STEPHEN TRUE DALE DATE*. REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933 .--A-kE-—S --CjQARE FE LICENSEDSTATE LAND SURVEYOR INLAND GEODETICS, LLC ACQUISITION 0.218 9,480 FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 0.223 9,718 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 REMAIINDER AREA 0.005 -20 1 2-)Q PARCEL PLAT SHOWING PROPERTY OF I N LAN Du Amp+ OL GEODETI CSJAMES A. WARREN .1rexas Department of Transportarlon PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.STE., 103 - ROUND ROCK,TX.7868) SCALE Csi PROJECT COUNTY PARCEL 14 PH.(512)238-1200,FAX(512)2:2Lffl 50' 0683-01-092 092 RM 620 W I LL I AMSON I p Pagel of 4 EXHIBIT .1_7 County: Williamson Parcel : Warren Highway: R. M. 620 PROPERTY DESCRIPTION FOR JAMES WARREN DESCRIPTION OF A 0.0105 ACRE (238 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT GALLED LOT 20 OF THE. LITTLE OAK ADDITION SUBDIVISION RECORDED IN CABINET A, SLIDE 350-352 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO KRISTINE WARREN BY INSTRUMENT RECORDED IN DOCUMENT NO. 20040647/0 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. AND JAMES A. WARREN BY INSTRUMENT RECORDED IN DOCUMENT NO, 2008082332 OF THE OFFICIAL PUBLIC RECORDS OF WILLIMSON COUNTY, TEXAS, SAID 0,005 ACRE (238 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated paint in the northerly boundary fine of Lot 22 of said subdivision, being the most southeasterly corner of Lot 10 of said subdivision, same being the most southwesterly corner of said Lot 20, for the most southwesterly corner and POINT OF BEGINNING of the herein described tract; 1} THENCE, departing the northerly boundary line of said Lot 22, with the common boundary line of said Lot 10 and said Lot 20, N 0702533"W at a distance of 0.33 feet passing a 1/2" iron rod found for a total distance of 13.25 feet to Y2" iron rod with TxDOT alurninurn cap set, 00.88 feet right of proposed R.M. 620 baseline station 487+31.77, in the proposed southerly right-of-way (ROW) line of R.M. 620 (ROW width varies), for the northwesterly corner of the herein described tract; THENCE. departing the easterly boundary line of said Lot 10, with the proposed southerly ROW line of said R.M. 620, through the interior of said Lot 20, the following two (2) courses: 2) along a curve to the right, having a delta angle of 01°37'12', a radius of 985.00 feet, an arc length of 27.85 feet, and a chord which gears S 78*347'43" E for a distance of 27.85 feet to a /2j iron rod with TxDOT altiminurn cap set (to be replaced with TxDOT Type II monument), '1013.58 feet right of proposed R.M. 620 baseline station 487+60.41, for a paint of tangency; 3) S 77'42'08" E for a distance of 3.57 feet to a Y2" iron rod with TxDOT alurniflUrn cap set, 104.02 feet right of proposed R.M. 620 baseline station 487+70.25; being the southerly boundary line of said Lot 20; same being the northerly boundary line of said Lot 22, for the easterly corner of the herein described tract: Page 2of4 4) THENCE, departing said proposed southerly ROW line, with the common boundary line of said Lot 22 and said Lot 20, S 80"58"27" W for n distance of 35.36 feet to the POINT OF BEGINNING, containing O.0D5acre(238square feet) oyland, more orless. This property description |saccompanied byaseparate parcel plat, All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No, 42O3. NAD 83. THE STATE DFTEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY DFVVILL|AM8ON § That |. M. Stephen Truoado|e. o Registered Professional Land 8unxsyor, 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 Linder my direction and supervision. WITNESS MY HAN ;AN:D SEAL at Round Rock, Williamson County, Texas. 6/Ij M. StephenTrueadeOe ~ Date Registered Professional Land Surveyor No. 4833 Licensed State Land Surveyor Inland GeodoUcs. LLC Firm Registration No: 1O0501-0U ' 15O4Chisholm Trail Road, Suite 1O3 Round Rock, TX78601 EXHIBIT "__.B " SLAT TO ACCOMPANY PARCEL DESCRIPTION 09/27/16 NUMBER DELTA RAD I US LENGTH CHORD CHORD BEARING PAGE 3 OF 4 C 1 01 g 3 r' 12 985. 00' 27. 85' 27. 85' S78" 30' 413"E 487E00 PROPOSE 62d BASELINE 1 NE. NUMBER DIRECTION DISTANCE - L I S77° 42'08"E 9. 57' WIDTH VARIES) t SEE DETAIL »13" 0 --- W. 1 i I LOT 20 r to -- KRISTINE WARREN LOT 19 l DOC. No. 2004064710 { kA .JAMES A. WARREN DOC. No. 2008082332 O.P.R.W.C.T. ,TA. 487;31.77 .. STA.. 487460.41 113.58' RT PRop Cl Z, -- .Sf€4 u E�� �- 71 N07.25` 33"W.._.._... 0�T- 13. AC �_0.. _25` 23 __ _ I..OT 23 SEEDETAIL A3S•3 ' 2S80 STA. 487-70,25 i _ --. 104.92' RT \----STA.487+34.40 �. 1 112.88' RT L I TTLE OAK ADD 1 T ION Lr-IT 21 CAB. A, SL. 350_.352 P.R.Vj.C.T. PROPOSED R.M. 620 BASELINE LOT 22 PI STATION = 490-55.90 OE LTA = 22* 57' 22" Ml) DEGREE t F "liF?�tE O2' 132' =17• KYLE RAY RANNE TANGENT - 568.55 DOC. No. 9909052 1 LENGTH = 1121.85 0. f'. R. }Xr. C. T.. RADIUS - 2800.00 1 PC STATION 4841 87.35 PT STATION = 496,09.20 P,c: P 1. P,T. :=3128.t65.259C1 X=3128633.6.335 X-31291152.5381 1 _;^1608 1 3<51 44 Y=10160827.7278 Y*:0160615,1340 GEODETICcS ..I JAMES A. WARREN � i ,.a PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD,STE,103 _ _.___._... € _ __-._._..._ __.._.__._ 238 SO. FT. ROUND ROCK,TX.78661 SCAI...E I PROJECT COUNTY Y ('11.(512)238-1200,FAY(5 12}738-1251 1 ' � 50' � RM62 0 ��'' IL L f A'�5O'! S,\*HAL1=F1-V 62WARCE.I.WARCE.L 14-3 AIRREWARR;N-REM-09271 G.dp EXHIBIT , B , PLAT TO ACCOMPANY PARCEL, DESCRIPTION 09/27/16 PAGE 4 OF 4 LEGEND * TXDOT TYPE I CONCRETE MONUMENT FOUND Z PROPERTY LINE * '/2" IRON ROD SET W/ TXDOT ALUMINUM CAP RECORD INFORMATION TO BE REPLACED BY TYPE 11 MONUMENT SET LINE BREAK [ij TXDOT TYPE 11 CONCRETE MONUMENT FOUND LAND HOOK P.O.B. POINT OF BEGINNING IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE IRON ROD FOUND W/PLASTIC CAP N.T. S. NOT TO SCALE D. R.W.C. T. DEED RECORDS 0 COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS X X CUT FOUND O.R.W. C. T. OFFICIAL RECORDS Ak 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS O.P. R.W.C. T. OFFICIAL PUBLIC RECORDS A CALCULATED POINT WILL.IAMSON COUNTY, TEXAS 0 '/2" IRON ROD W/ ALUMINUM CAP P. R.W.C. T, PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) q. CENTER LINE 11 All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on 1-he Texas S-fate Plane Coordinate System, NAD 83, Central Zone using a combined surface adjusfinent factor of 1.0001 1. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1300686052, ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE AUGUST 21, 2013, ISSUE DATE AUGUST 27, 2013. 1. RESTRICTIVE COVENANTS= CABINET A, SLIDES 350-352, PLAT RECORDS OF WILLIAMSON %COUNTY. TEXAS, SUBJECT TO. 11. 5 FOOT PUBLIC UTILITY EASEMENT OVER REAR OF LOT AS SHOWN ON PLAT RECORDED IN CABINET A. SLIDE 350-352, PLAT' RECORDS WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 12. 10 FOOT WIDE UTILITY EASEMENT ALONG THE EAST LOT LINE DATED SEPTEMBER 24, 1971 TO THE CITY OF ROUND ROCK IN VOLUME 541, PAGE 76 DEED RECORDS WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. LOT 20 R. M. 620 R• M 62 EXISTING 5 W. N07-25'33"W Rt.w. P9 0* B" 0---�LOT 20 So. STA. 487434.40 0. 33' T 1 7 1 12,88' RT LOT 22 L OT f9 SO 7* 25'33"E 0.26' DETAIL "A" N. T. S. DETAIL "B" N. 1'.S. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAI' THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION./)�) Y off 4 R STEPHEN TRUESDALE 4933 M. STEPHEN TROESDALE DATE, lk)4 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC S U V4,4. FIRM REGISTRATION NO. 100591-00 1504 CHiSHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 7B681 PARCEL PLAT SHOWING PROPERTY OF I N L A N D u J GEODETICS JAMES A. WARREN 0. 005 AC PROFESSIONAL LAND SURVEYORS IL504 CHISHOLM TRAIL RD.STE.103 238 SO. F�* ROUND X.78681 COUNTY , Ur ROUND ROCK,I PROJECT 0 �H'(51 )� PH,(512)�38-1200,FAX(512)239-12S) 1 I pr 1 RM 620 IN I I, L I AMSON 50' t St\,sPALFF\W, 620\PARCEL5\PARCEL 14-WARREN\W,4RRENI-RE?A-092716.ctrl EXHIBIT '►C" Notice of Confidentiality Rights: If you are a natural person.,you may remove or strike any of the following information from this instrument before it is filed for record in the public records: ,your Social Security Number or your Driver's License Number. Fame AMFNs11fSMf d 7YarisparYatK n Form ROW-N-14 (Rev.47/13) Page 1 of 4 DEED RM 620 Right of Way Tx-DOT ROW CSJ: 0683-01-092 TxDOT Parcel No.: 1.4 Grantor(s),whether one or more: Kristine Warren,a/k/a Mary K. Warren,and James A. Warren Grantor's Mailing Address(including county): 615 Eastview Dr. Georgetown,Texas 78626 Williamson County Grantee: The State of"Texas,acting by and through the Texas Transportation Commission Grantee's Mailing Address(including county): Texas Department of Transportation Attn: Right of Way Administrator 7901 N. H 35 Austin,Texas 78761 Travis County (.grantee's Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights(including requesting that counties and municipalities acquire highway right of way)deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under the'Texas Transportation Code, Chapter 203 to acquire or request to be acquired such other property rights deemed necessary- or convenient for the purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non-controlled facilities and designated controlled access highways and.turnpike projects. * N14* Form ROW-N-14 (Rev.07113) Page 2 of 4 Consideration: The sum of Two Hundred Thirty-Four Thousand.Five Hundred and no/100 Dollars ($234,500.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, receipt of which is hereby acknowledged,and for which no lien is retained,either expressed or implied. Property All of that certain tract or parcel of land in Williamson County, 'Texas, being more particularly described in the attached Exhibit A(the"Property"). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: I. Visible and apparent easements not appearing of record. 2. rtages in area or boundary lines or any encroachments or any Any discrepancies, conflicts, or sho overlapping of improvements which a current survey would show. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, rniner•al severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and. egress to the surface thereof for the purpose of exploring, developing, mining or drilling .for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns,to take and use all other minerals and materials thereon. therein and thereunder. Grantor is retaining title to the following improvements (`'Retained Improvements,') located on the Property,to wit: NONE GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs,successors and assigns to Warrant and Forever Defend all and singular the Property, to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance acid Warranty. EXECUTED on the date(s)of acknowledgement indicated below. (sigmaure page follrnvs) Form ROW-N-14 (Rev.07/13) Page 3 of 4 GRANTOR: Kristine Warren a/k/a Mary K. Warren Acknowledgement State of"r'exas County of This instrument was acknowled,red before me on by Kristine Warren a/k/a Mary K. Warren, in the capacity and for the purposes and consideration recited herein. Notary Public—State of Texas Form ROW-N-14 (Rev.07/13) Page 4 of 4 GRANTOR: .lames A. Warren Acknowlediement State of'Fexas County of This instrument was acknowledged before me on. by Jarnes A. Warren, in the capacity and for the purposes and consideration recited herein. Notary Public--State of Teas After recording return to: EXHIBIT "D" DEED THE STATE OF TEXAS § COUNTY OF WILLIAMSON NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That KRISTINE WARREN a/k/a Mary K. Warren, and JAMES A. WARREN, hereinafter referred to as Grantor, whether one or more, for and in consideration of the suns of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the receipt and sufficiency of which is hereby acknowledged, and f`or which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon (the *'Property"). being more particularly described as follows: All of that certain 0.005 acre (238 Sq. Ft.) tract of land in the J.M. Harrell Survey, Abstract No. 284, Williamson County, Texas; being more fully described by metes and bounds in Exhibit"A", attached hereto and incorporated herein (Parcel .14R) SAVE AND EXCEPT, .HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the Property conveyed herein, to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, aild encumbrances for taxes and assessments (other than liens and conveyances) presently of' record in the Official. Public Records of`Williamson County, Texas, that affect the Property, but only to the extent that said. items are still valid and in force and effect at this time. (10388072.1)oc TO HAVE AND TO HOLT) the property herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of 2017. GRANTOR: Kristine Warren, a/k/a Mary K. Warren ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WII.LIAMSON § This instrument was acknowledged before me on this the day of , 2017 by Kristine Warren a/k/a Mary K. Warren. in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas GRANTOR: James A. Warren ACKNOWLEDGMENT STATE OF TEXAS § COUINTY OF WILIIIAMSON This instrument was acknowledged before me on this the clay of 2017 by James A. Farren, in the capacity and for the purposes and consideration recited therein. Notary Public, State of"Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock. Attn: City Manager 221 East Main Street Round Rock. 'Texas 78664 AFTER RECORDING RETURN TO: 3.