R-10-11-23-11A1 - 11/23/2010RESOLUTION NO. R -10-11-23-11A1
WHEREAS, the City desires to purchase certain property interests necessary for the Chisholm
Trail Road Improvement Project, and said tracts are described as follows ("Property"): All of that
certain 15.0790 acre tract of land (Parcel 19, Part 5); Access easement in and across of that certain
0.0205 acre tract of land (Parcel 19E, Part 1); Public utility easement and slope easement interest in
and to that certain 0.6326 acre tract of land (Parcel 19E, Part 6B); Temporary construction easement
interest in and across that certain 0.2138 acre tract of land (Parcel 19E, Part 7); Drainage easement
interest in and across that certain 0.6745 acre tract of land (Parcel 19E, Part 5); and temporary
construction easement interest for offsite grading in and across that certain 1.0422 acre and
approximately 1.113 acre tract of land (Parcel 19E, Part 10 & Area 1), and
WHEREAS, Chisholm Trail Developers Venture, Ltd., 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 Chisholm Trail Developers Venture, Ltd., 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\SCClnts\0112\ 1005\MUNICIPAL\00207835. DOC/rmc
RESOLVED this 23rd day of November, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
c5xwk . v,fttVcr-
SARA L. WHITE, City Secretary
REAL ESTATE CONTRACT
Chisholm Trail Road Improvement Project
State of Texas
County of Williamson
EXHIBIT
IIA„
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHISHOLM
TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership, (referred to in this
Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred
to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows ("Property"):
All of that certain 15.0790 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 19, Part 5); and
Access easement in and across of that certain 0.0205 acre tract of land, more or
less, situated in the David Curry Survey, Abstract No. 130, in Williamson County,
Texas; being more fully described by metes and bounds as shown in Exhibit "B",
attached hereto and incorporated herein (Parcel 19E, Part 1); and
Public utility easement and slope easement interest in and to that certain 0.6326
acre tract of land, more or less, situated in the David Curry Survey, Abstract No.
130, in Williamson County, Texas; being more fully described by metes and
bounds as shown in Exhibit "C", attached hereto and incorporated herein (Parcel
19E, Part 6B); and
Temporary construction easement interest in and across that certain 0.2138 acre
tract of land, more or less, situated in the David Curry Survey, Abstract No. 130,
in Williamson County, Texas; being more fully described by metes and bounds as
shown in Exhibit "D", attached hereto and incorporated herein (Parcel 19E, Part
7); and
Drainage easement interest in and across that certain 0.6745 acre tract of land,
more or less, situated in the David Curry Survey, Abstract No. 130, in Williamson
County, Texas; being more fully described by metes and bounds as shown in
Exhibit "E", attached hereto and incorporated herein (Parcel 19E, Part 5).
CTD(19)--final purchase contract (DC 11-5-10 clean) (00207627).DOC
Temporary construction easement interest for offsite grading in and across that
certain 1.0422 acre and approximately 1.113 acre tract of land, more or less, both
situated in the David Curry Survey, Abstract No. 130, in Williamson County,
Texas; being more fully described on the sketch as shown in Exhibit "F" and
Exhibit "G', attached hereto and incorporated herein (Parcel 19E, Part 10 & Area
1).
This purchase also includes any improvements and fixtures situated on and attached to the
Property described in Exhibit "A" which are not removed by Seller, for the consideration and
upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property described in Exhibit "A" shall be the sum of SIX
HUNDRED THOUSAND THIRTY NINE and 00/100 Dollars ($600,039.00).
2.01.1. The purchase price for the property interests described in Exhibit "B" shall be the
sum of TWELVE THOUSAND FOUR HUNDRED NINETY NINE and 00/100 Dollars ($12,
499.00).
2.01.2. The purchase price for the property interests described in Exhibits "C -D" shall be
the sum of FIFTY FIVE THOUSAND ONE HUNDRED THIRTY FOUR and 00/100 Dollars
($55,134.00).
2.01.3. The property interests described in Exhibits "E -G" shall be donated to Purchaser
by Seller.
Out of the total Purchase Price amount of $667,672.00 Purchaser has previously paid the
amount of $50,000.00 in connection with a Possession and Use Agreement for portions of the
Property sought herein, leaving a balance of $617,672.00 now due and owing to Seller at closing.
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
2
Special Provisions
2.03. As an obligation which shall survive the closing of this transaction, Purchaser agrees
to construct a driveway between the proposed Chisholm Trail Road improvements and the
remaining property of Seller at approximately Station 68+75R of the roadway project. The paved
driveway improvements shall terminate at the new Chisholm Trail Road right of way line, and
shall otherwise be constructed in substantial compliance with any notes or specifications as shown
on the plan sheet attached hereto as Exhibit "H". Seller agrees to provide any necessary
temporary construction easement to Purchaser or its contractors necessary to carry out the
obligations of this paragraph.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.).
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
Miscellaneous Conditions
3.04. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the closing.
3
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 current actual knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof.
The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before December 15, 2010, or
at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the
completion of any title curative matters if necessary for items as shown on the Title Commitment
(which date is herein referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title to all of the Property as shown in Exhibit "A", deliver a
duly executed access easement in and across the portion of the Property shown in Exhibit "B",
deliver a duly executed public utility easement and slope easement in and across the portion of the
Property shown in Exhibit "C", deliver a duly executed temporary construction easement in and
across the portion of the Property shown in Exhibit "D", deliver a duly executed drainage
easement in and across the portion of the Property shown in Exhibit "E", and deliver a duly
executed temporary construction easement for offsite grading in and across the portion of the
property shown in Exhibits "F" and "G", all free and clear of any and all liens and encumbrances,
except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
4
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
The form of the deed shall be as shown in Exhibit "I" attached hereto. The form of the
access easement shall be as shown in Exhibit "J" attached hereto. The form of the public utility
easement shall be as shown in Exhibit "K" attached hereto. The slope easement shall be as
shown in Exhibit "L" attached hereto. The form of the drainage easement shall be as shown in
Exhibit "M" attached hereto. The form of the temporary construction easement for offsite
grading shall be as shown in Exhibit "N" attached hereto. The form of the temporary
construction easement for adjacent road and utility work shall be as shown in Exhibit "0"
attached hereto.
(2) If requested, deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole
expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's drainage easement interest to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, general real estate taxes for the then current year relating to the Property
shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing
shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall
be upon the basis of the tax rate for the next preceding year applied to the latest assessed
valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural
roll -back taxes, if any, shall be paid by Purchaser.
5
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
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
amount of FIVE HUNDRED and 00/100 Dollars ($500.00) from the Purchaser, 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 VIII
SPECIAL PROVISIONS
The City agrees that Grantor, its successors and assigns, has the right to modify the 100 -
year ultimate flood plain by excavation, placement of embankment, and/or channelization in
conjunction with future regulated development activities on the property currently owned by the
Grantor abutting Chisholm Trail (or a successor name) after Grantor, its successors and assigns,
provides engineered flood plain studies supporting said modifications to the Grantee's City
Engineer for his/her approval, which studies adhere to all other local, state and federal regulations.
6
Grantor, its successors and assigns, shall not be required to dedicate any additional public
utility easements which are approximately parallel and immediately adjacent to Chisholm Trail
Road (or a successor name) from property currently owned by Grantor abutting Chisholm Trail
(or a successor name).
Grantee agrees to install temporary fencing for the drainage easement along the east side
of Chisholm Trail which is required to prevent livestock from escaping during the construction
period.
Grantor and Grantee have previously entered into agreements regarding Chisholm Trail.
These agreements include:
AGREEMENT REGARDING STORMWATER SYSTEM AND DEDICATION OF RIGHT-
OF-WAY FOR PUBLIC IMPROVEMENTS, filed of record in document No. 2003093097 on
September 22, 2003, in the Williamson County Real Property Records;
AGREEMENT REGARDING CONSTRUCTION OF STORMWATER SYSTEM
IMPROVEMENTS effective June 24, 1999; and
AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE IMPROVEMENTS effective
January 11, 1996.
Both parties agree that the three prior agreements shall remain in full force and effect.
Any conflicts between the three prior agreements and this agreement and its related documents,
are specific to this Chisholm Trail widening project and shall not be interpreted as amending or
changing in any manner the three prior agreements lists above.
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.
7
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, both 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.
Survival of Closing
8.10 The terms of this agreement shall survive the closing and continue to be of force and
effect until mutually terminated by the parties or their successors.
8
Effective Date
8.11 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
SELLER:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.,
a Texas limited partnership
By: HiJolly Inc., a Texas corporation,
Its General Partner
By: Address:
David C. Bodenman
President
Date:
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
9
EXHIBIT A
Page 1 of 6
15.0790 Acres
October 11, 2010
PROPERTY DESCRIPTION FOR PARCEL 19 (PART 5)
DESCRIPTION OF 15.0790 ACRES (656,843 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 15.0790 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the southeast corner of this tract, and said
Chisholm Trail Developers tract, same being in the north line of that tract described as
7.12 acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph
Peterson, of record in Volume 768, Page 589, Deed Records, Williamson County, Texas,
same being at an angle point in the existing west right-of-way (ROW) line of Chisholm
Trail and at the southwest corner of that tract described as 1.273 of one acre for ROW in
a deed to the City of Round Rock, of record in Document Number 2003093096, Official
Public Records, Williamson County, Texas, from which a 5/8" iron pipe found at the
southeast comer of said 1.273 acre City of Round Rock tract and the northeast comer of
said Caldwell, Olson, Peterson tract bears N85°31'55"E 15.23 feet;
THENCE, with the south line of this tract and said Chisholm Trail Developers tract and
the north line of said Caldwell, Olson, Peterson tract, the following four (4) courses,
numbered 1 through 4;
1) S85°17'20"W 362.65 feet to a 3/4" iron pipe found;
2) N89°44'10"W 157.39 feet to a 1/2" iron pipe found;
3) S68°50'02"W 17.29 feet to a 3/4" iron pipe found; and
4) S86°07'50"W 322.00 feet to a 3/4" iron pipe found at the southwest corner of this
tract and said Chisholm Trail Developers tracts, and the northwest corner of said
Caldwell, Olsen, Peterson tract, same being in the east line of the Georgetown
Railroad ROW;
THENCE, with the west line of this tract and said Chisholm Trail Developers tract and
the east line of the Georgetown Railroad ROW, N15°38'55"W 1574.14 feet to a 1/2"
iron rod set with a plastic cap at the northwest corner of this tract, same being in the
approximate centerline of Onion Branch Creek from which a 1/2" iron rod found at an
angle point in the east line of the Georgetown Railroad ROW bears, N15°38'55"W
285.59 feet;
EXHIBIT
Page 2 of 6
15.0790 Acres
October 11, 2010
THENCE, with the northeast line of this tract, crossing said Chisholm Trail Developers
tract with the approximate centerline of Onion Branch Creek, the following twenty (20)
courses, numbered 1 through 20;
1) S58°19'32"E 177.86 feet to a calculated point;
2) S80°01'33"E 33.64 feet to a calculated point;
3) N77°35'52"E 146.20 feet to a calculated point;
4) N67°39'27"E 56.81 feet to a calculated point;
5) S69°19'30"E 27.49 feet to a calculated point;
6) S48°11'45"E 32.96 feet to a calculated point;
7) S16°31'11"E 154.00 feet to a calculated point;
8) S22°24' 10"E 254.57 feet to a calculated point;
9) SO4°59'57"E 242.12 feet to a calculated point;
10) S21°52'11"E 34.22 feet to a calculated point;
11) S00°45'54"E 143.57 feet to a calculated point;
12) S11°00'24"E 73.97 feet to a calculated point;
13) S23°46'44"E 34.23 feet to a calculated point;
14) S13°57'41"E 128.07 feet to a calculated point;
15) S28°04'43"E 61.46 feet to a calculated point;
16) S67°50'33"E 69.02 feet to a calculated point;
17) S59°02'31"E 176.08 feet to a calculated point;
18) S50°41'54"E 56.22 feet to a calculated point;
19) S27°23'26"E 22.32 feet to a calculated point; and
EXHIBIT
Page 3 of 6
15.0790 Acres
October 11, 2010
20) S88°31'09"E 286.34 feet to a calculated point at the northeast corner of this
tract, same being in the east line of said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 acre
City of Round Rock tract;
THENCE, with the east line of this tract and said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 City of Round
Rock tract, S14°44'18"E 123.52 feet to the POINT OF BEGINNING and containing
15.0790 acres (656,843 square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
11th day of October, 2010 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. ProfessionLand Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV PURCHASE3.6)
Issued 3/5/09; Revised 4/8/09; 10/11/2010
SKETCH TO ACCOMPANY DESCRIPTION
OF 15.0790 AC. OR 656,843 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
MATCH PAGE 5 OF 6 / /
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PART 5
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DOC. 2003114923
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.
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(S87'29'52"W (N8816 04"w
3/4' 322.00' 3/
(322.13') X421 N89 4410 W
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4" 157.39
• 1/2' IRON ROD FOUND
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P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBUC RECORDS
WALLIAMSON COUNTY, TEXAS
RECORD INFORMATION
(XXX) DOC. 2003114923
[XXX] VOL. 768, PG. 589
431
0
1(S8716'E)
322.17' /4"
(N88'09'E6 YRS.)
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RE: CITY OF ROUND ROCK
SCALE 1" = 200'
/
CHISHOLM TRAIL
DEVELOPERS
VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
(586'39'56"W 377.761 I
585'17'20"W 362.65'
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ISSUED: 10/11/10
PAGE 4 OF 8
McGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
LP_
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SKETCH TO ACCOMPANY DESCRIPTION
OF 15.0790 AC. OR 656,843 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
DAVID CURRY SURVEY
ABSTRACT NO. 130
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DOC. 2003114923
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19
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RE: CITY OF ROUND ROCK
SCALE 1" = 200'
—N—
CHISHOLM TRAIL
DEVELOPERS
VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
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• 144
0
APPROXIMATE
5+O CENTERUNE OF
ONION BRANCH CREEK
• 1/2" IRON ROD FOUND
QQ IRON PIPE FOUND (SIZE NOTED)
A CALCULATED POINT
0 1/2" IRON ROD SET WITH
PLASTIC CAP 'MCGRAY MCGRAY
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY. TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
RECORD INFORMATION
(XXX) DOC. 2003114923
[XXX] VOL. 766, PG. 589
M:\SDSKPRW\CHISHOLM-RTG\OWG\PARCELS\CrDV_,PURCW►SE3.DWG
•
CHISHOLM TRAIL
DEVELOPERS
VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.) . •
MATCH PAGE 4 OF 6
SURVEYED BY:
Pea vs:
'0st:0"
ISSUED: 10/11/10
PAGE 5 OF 6
MCGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 15.0790 AC. OR 656,843 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LINE TABLE
LINE
BEARING
LENGTH
L1
N8511' 55"E
15.23
L2
S68'50'02"W
17.29
(L2)
(56919'42"W)
(17.35)
[L2]
[N6919'E]
[6.25 VRS]=17.36'
L3
55819'32"E
177.86
L4
S80'01' 33"E
33.64
L5
N77'35' 52"E
146.20
L6
N67'39'27"E
56.81
L7
S69'19'30"E
27.49
L8
S4811' 45"E
32.96
L9
S16'31'11"E
154.00
L10
S2224'10"E
254.57
L11
SO4'59'57"E
242.12
L12
S21'52'11 "E
34.22
L13
$00'45'54"E
143.57
L14
S11'00'24"E
73.97
L15
S23'46'44"E
34.23
L16
S13'57'41 "E
128.07
L17
S28'04' 43"E
61.46
L18
S67'50'33"E
69.02
L19
S59'02'31 "E
176.08
L20
S50'41'54"E
56.22
L21
S2723'26"E
22.32
L22
S88'31'09"E
286.34
L23
S14'4418"E
123.52
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NA083 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007". A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N1504'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF AN OWNERSHIP ► EASEMENT
REPORT.
RE: CITY OF ROUND ROCK
LEGEND
• 1/2" IRON ROD FOUND
Q IRON PIPE FOUND (SIZE NOTED)
A CALCULATED POINT
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILUAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILUAMSON COUNTY, TEXAS
RECORD INFORMATION
(XXX) DOC. 2003114923
[XXX] VOL. 768, PG. 589
CHRIS CONRA "REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot is not valid unless an original signature
through an original seal appears on its face. There is o description to
accompany this plot.
M:\S06KPR0.t cHISH0LM—RTG\DWG\PARCELS\CTDV_PURCHASE3.DWG
ISSUED: 10/11/10
RVEYED BY: PAGE 6 OF 6
McGRAY & McGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT B
Page 1 of 3
Access Easement
August 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 1)
DESCRIPTION OF 0.0205 OF ONE ACRE (895 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHIISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0205 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the southwest corner of this tract and said
Chisholm Trail Developers tract and the northwest corner of Lot 1, Block A, Anchor
One, a subdivision of record in Cabinet P, Slide 120-121, Plat Records and of that tract
described in a deed to Frieling and Samuels Investments, of record in Document Number
2000006036, Official Public Records, Williamson County, Texas, same being in the
existing east right-of-way (ROW) line of Chisholm Trail and the southeast corner of that
tract described as 0.307 of one acre for ROW in a deed to the City of Round Rock, of
record in Document Number 2003093096, Official Public Records, Williamson County,
Texas and the northeast corner of that tract dedicated as ROW on said Plat of Anchor
One, from which a 1/2" iron rod found at the northwest corner of said dedicated ROW
and the southwest corner of said 0.307 one acre City of Round Rock tract bears
S68°58'47"W 9.53 feet;
1) THENCE, with the west line of this tract and said Chishohn Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east line of said 0.307 of
one acre City of Round Rock tract, N14°47'03"W 20.01 feet to a 1/2" iron rod set
with a plastic cap at the northwest corner of this tract;
2) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers
tract, N68°44'10"E 45.00 feet to a 1/2" iron rod set with a plastic cap at the northeast
corner of this tract;
3) THENCE, with the east line of this tract, continuing across said Chisholm Trail
Developers tract, S14°47'24"E 20.02 feet to a 1/2" iron rod set with a plastic cap at
the southeast corner of this tract, same being in the south line of said Chisholm Trail
Developers tract and the north line of said Lot 1 and said Frieling and Samuels tract,
from which a 1/2" iron rod found at the northeast corner of said Lot 1 bears
N68°45' 19"E 513.21 feet;
EXHIBIT
Page 2 of 3
Access Easement
August 13, 2009
4) THENCE, with the south line of this tract and said Chisholm Trail Developers tract
and the north line of said Lot 1 and said Frieling and Samuels tract, S68°45'19"W
45.00 feet to the POINT OF BEGINNING and containing 0.0205 of one acre (895
square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface rising a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
13th clay of August, 2009 A.D.
SURVEYED BY:
!F 01-i.\•
MeGRAY & McGRAY LAND SURVEYORS, INC. 1 `. ..`.....
.,
3301 Hancock Drive, Suite 6 Austin, Texas 787311 .:::,, ........ 4
• , "
tS(i_.i �,v.
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ESMT7)
Issued 3/5/2009; Revised 8/13/2009
SLICA
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.0205 AC. OR 895 SO. FT. OF' LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHiSHOLM TRAIL
DEVELOPERS VENTURE. L70.
DOC. 2003114923
O.P.R.W.C.
(63.777 AC.)
RE: CITY OF ROUND ROCK
SCALE 1 " = 20'
40'x45' EASEMENT
FOR TELEPHONE
EOUIPMENT STATION
VOL. 1182. PG. 215
O.R.%C.
•
.t o
bn
YG...0 \
) -. o
4
P.O.B.
S11'O9'18"E
9.36'
S.
CO. RD. 173
CHISHOLM TRAIL
(R.O.W. VARIES)
/i,,. ,/
PART 1
0.0205 AC.
895 SQ.FT
�y�9NW
SBa�
5.
yA'�1 bg1 abs
t56gg6p5\9 5�'�� ti�
Nab a"E 6660 et
•
\6 9AQs• Pp g'1LC.i i
$k519.- 558y\.
•
t,s
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036
0.P.R.W.C.
O
\
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
P.R.W.C,
DAVID CURRY SURVEY
ABSTRACT NO. 130
LINE TABLE
LINE
BEARING
LENGTH
LI
S67'58'47'1./
9.53
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NA083 (93 WARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RRO1-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RRO1-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N-10165784.07, Em3126054.61. HAVING A GRID BEARING OF
N1504'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR 15
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE JTOF AN OWNERSHIP AND EASEMENT
REPORT./' t,
Or • •
02
;23 ,
_ZS . 08/13/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot Is not valid unless on original signature
through an original seal oppeors on Its face. There Is a description to
accompany this plot.
M:\SDSKPROJ\CHISHOLM-RIG\DWG\PARCELS\CTOV ESMf7...REVI.DWG
LEGEND
O 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTEO)
O 1/2" IRON ROD SET PATH
PLASTIC CAP "MCGRAY MCCRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WLUAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
%MUJAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WiLUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILUAMSON COUNTY, TEXAS
REISSUED: 08/13/09
ISSUED: 03/05/09
PAGE 3 OF 3
SURVEYED BY:
MoORAY ,Sc MoORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT C
Page I of 6
Public Utility Easement
and Slope Easement
October 11, 2010
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 6B)
DESCRIPTION OF 0.6326 OF ONE ACRE (27,555 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.6326 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the east line of said Chisholm Trail Developers tract and the existing west
right-of-way (ROW) line of Chisholm Trail and the west line of that tract described as
1.273 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County, Texas, from which a
1/2" iron rod found at an angle point in the east line of said Chisholm Trail Developers
tract and the existing west ROW line of Chisholm Trail bears N15°00'27'W 249.48 feet;
THENCE, with the east line of this tract and said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 acre City of
Round Rock tract, the following two (2) courses, numbered 1 and 2;
1) S15°00'27"E 748.84 feet to a 1/2" iron rod set with a plastic cap; and
2) S14°44'18"E 631.81 feet to a 1/2" iron rod set with a plastic cap at the southeast
corner of this tract, same being in the approximate centerline of Onion Branch
Creek from which a 1/2" iron rod found at the southeast corner of said Chisholm
Trail Developers tract, same being in the north line of that tract described as 7.12
acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph
Peterson, of record in Volume 768, Page 589, Deed Records, Williamson County,
Texas, bears S14°44' 18"E 123.52 feet and from which a 5/8" iron pipe found at
the southeast corner of said 1.273 acre City of Round Rock tract and the northeast
corner of said Caldwell, Olson, Peterson tract bears N85°31'55"E 15.23 feet;
THENCE, with the south line of this tract and the approximate centerline of Onion
Branch Creek crossing said Chisholm Trail Developers tract, N88°31'09"W 20.83 feet to
a 1/2" iron rod set with a plastic cap at the southwest corner of this tract;
EXHIBIT
Page 2 of 6
Public Utility Easement
and Slope Easement
October 11, 2010
THENCE, with the west line of this tract, continuing across said Chisholm Trail
Developers tract, the following two (2) courses, numbered 4 and 5;
3) N14°44'15"W 625.95 feet to a 1/2" iron rod set with a plastic cap; and
4) N15°00'27"W 748.79 feet to a 1/2" iron rod set with a plastic cap at the northwest
corner of this tract;
THENCE, with the north line of this tract, crossing said Chisholm Trail Developers tract,
N74°59'28'E 20.00 feet to the POINT OF BEGINNING and containing 0.6326 of one
acre (27,555 square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
11t day of October, 2010 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ESMT6B)
Issued 3/5109; Revised 4/8/09; 10/11/2010
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
P.O.B.
DAVID CURRY SURVEY
ABSTRACT NO. 130
(-9-3)
PART 6B iloo
0.6326 AC.
27,555 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE. LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
•
•
tn•
RE: CITY OF ROUND ROCK
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE. LTD.
DOC. 2006078336
0.P.R.W.C.
(5.00 AC. SAVE AND
EXCEPT 0.175 AC.)
ir.\moo'•
i• a
LINE TABLE
LINE
BEARING
LENGTH
Li
N85'31'55'E
15.23
L2
N88'31'09'W
20.83
L3
N74'59'28'E
20.00
LEGEND
• 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
Q 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILUAMSON COUNTY. TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
0.P.R.W.C. OFFICIAL PUBUC RECORDS
MALUAMSON COUNTY, TEXAS
MATCH PAGE
40F6
M:\SDSKPROJ\CWSHOLM-RrG\DWG\PARCELS\CTDV_ESMT9_REV2-B.DWG
SURVEYED SY:
REVISED: 10/11/10
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 3 OF 6
1
McGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
MATCH PAGE
3 OF 6
SCALE 1" = 60'
PART 6B
0.6326 AC.
27,555 SQ.FT.
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2006078336 V
0.P.R.W.C. �- Q c
(5.00 AC. SAVE AND Y�2-• // /
EXCEPT 0.175 AC.) �o� /
RE: CITY OF ROUND ROCK
• p6 / /
P
R.0 � + °'oi6F•4//vo/ p.\k
5 • / / 'S 4) Et
"\.. yo / 61.
6
•C•01,QG / yFv00 O.A
SOAPA. •
/
L5ea�' / / /
`04)
so: Cr
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
/ N4F'A•
/ 6 Q6• /
/ V•ry\•\4.• ,2423y.
�.
N1
ROAD R.O.W.
UTILITY AND DRAINAGE EASEMENT
EXHIBIT "A"
VOL. 1322, PG. 207
O.R.W.C.
CHISHOLM PARKWAY
(80' R.O.W.) VOL. 1322, PG. 207
O.R.W.C.
/
/ 744 •
0 4y� '.
?,19.
/ MATCH PAGE /
/ 50F6 /'
LEGEND
• 1/2" IRON ROD FOUND
0 IRON PIPE FOUND (SIZE NOTED)
0 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WIWAMSON COUNTY. TEXAS
O.R.W.C. OFFICIAL RECORDS
WILUAMSON COUNTY. TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILUAMSON COUNTY, TEXAS
M:\SDSKPROJ\CHISHOLM-Rra\DWG\PARCELS\CTDV_ESMT9_REV2-B.DWG
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
SURVEYED BY:
REVISED: 10/11/10
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 4 OF 6
MoGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
_ _ FACE' .... ROUND ROCK, WILLIAMSON COUNTY, TEXAS
.��•
z MATCH /.——..—..-�/�..—. .
4OF6 / 0
�•0 :./
CHISHOLM TRAIL
DEVELOPERS VENTURE. LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
/..
o ••
S"•
N ,-o
• 7
at PA 0
N •
(•
•
RE: CITY OF ROUND ROCK
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
PART 6B
0.6326 AC.
27,555 SQ.FT.
DAVID CURRY SURVEY
ABSTRACT NO. 130
MATCH PAGE
60F6
LEGEND
• 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
Q 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.0.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WIWAMSON COUNTY. TEXAS
O.R.W.C. OFFICIAL RECORDS
IMLUAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBUC RECORDS
WILUAMSON COUNTY. TEXAS
REVISED: 10/11/10
REVISED: 04/08/09
ISSUED: 03/05/09
SURVEYED SY: PAGE 5 OF 6
MCGRAY & MCGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
M:\SDSKPROd\CHISHOLM—RTG\DING\PARCELS\CTDN_,ESMT9_REV2—B.0WG JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
MATCH PAGE .. — .. _ .. — .. _ — — .. _
5 OF 6
DAVID CURRY SURVEY
ABSTRACT NO. 130
co
v
v►
RE: CITY OF ROUND ROCK
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE. LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
PART 6B
0.6326 AC.
27,555 SQ.FT.
APPROXIMATE
CENTERLINE OF
ONION BRANCH CREEK
Onion Branch.
LINE TABLE
LINE
BEARING
LENGTH
L1
N85.31'55'E
15.23
L2
N88'31'09'W
20.83
L3
N74'59'28'E
_ 20.00
CHISHOLM TRAIL
DEVELOPERS VENTURE. LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
9' •
.J '.
BARBARA LOU CALDWELL.
NANCY ANN OLSON. AND
GARY RALPH PETERSON
VOL. 768, PG. 589
D.R.W.C. _
(7.12 AC.) (S86'39'56"W 377.761
377.69
(N87'20'E 135.97 VRS.)
as
0
7►sw v g917D •:
•
• • 0 P -`c73
"so
NOTES: THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30. E='3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N1504'02"W. AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF AN OWNERSH P AND EASEMENT
REPORT.
;5/8"
LEGEND
O 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
Q 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WIL IAMSON COUNTY, TEXAS
OFFICIAL RECORDS
WILUAMSON COUNTY, TEXAS
OFFICIAL PUBUC RECORDS
WILUAMSON COUNTY. TEXAS
REVISED: 10/11/10
REVISED: 04/08/09
SURVEYED 8Y: ISSUED: 0359
PAGE 6 CF 6
McGRAY & McGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
O.R.W.C.
0.P.R.W.C.
CHRIS CONRAD, REG. PROF. LAN • SURVEYOR NO. 5623 DA
Note: This copy of this plat is not valid unless on original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTO\DWG\PARCELS\CTDV_ESMT9JtEV2—B.DWG
.100 NO.: 08-112
EXHIBIT I)
Page 1 of 6
Construction Easement
April 08, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 7)
DESCRIPTION OF 0.2138 OF ONE ACRE (9,315 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.2138 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the east line of said Chisholm Trail Developers tract and the existing west
right-of-way (ROW) line of Chisholm Trail and the west line of that tract described as 1.273
of one acre for ROW in a deed to the City of Round Rock, of record in Document Number
2003093096, Official Public Records, Williamson County, Texas, from which a 1/2" iron
rod found at an angle point in the east line of said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail bears N00°24'58'W 890.72 feet;
THENCE, with the east line of this tract and said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 acre City of
Round Rock tract, the following four (4) courses, numbered 1 and 4;
1) S0O°24'58"E 350.24 feet to a 1/2" iron rod found;
2) S00°41'37"E 1,000.65 feet to a 1/2" iron rod found;
3) with a curve to the left whose intersection angle is 14°18'42", radius is 1,045.00 feet,
an arc distance of 261.03 feet, the chord of which bears S07°50'58"E 260.35 feet to
a 1/2" iron rod found; and
4) S15°00'27"E 249.48 feet to a 1/2" iron rod set with a plastic cap at the southeast
corner of this, tract from which a 1/2" iron rod found at the southeast corner of said
Chisholm Trail Developers tract, same being in the north line of that tract described
as 7.12 acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph
Peterson, of record in Volume 768, Page 589, Deed Records, Williamson County,
Texas bears S15°00'27"E 748.84 feet and S14°44'18"E 755.33 feet;
5) THENCE, with the south line of this tract crossing said Chisholm Trail Developers
tract, S74°59'28"W 5.00 feet to a 1/2" iron rod set with a plastic cap at the southwest
corner of this tract;
EXHIBIT
Page 2 of 6
Construction Easement
April 08, 2009
THENCE, with the west line of this tract, continuing across said Chisholm Trail Developers
tract, the following four (4) courses, numbered 6 and 9;
6) N15°00'27"W 249.49 feet, to a 1/2" iron rod set with a plastic cap;
7) with a curve to the right whose intersection angle is 14°18'43", radius is 1,050.00
feet, an arc distance of 262.28 feet, the chord of which bears N07°50'58"W 261.60
feet to a 1/2" iron rod found;
8) NO0°41'37"W 1,000.66 feet, to a 1/2" iron rod set with a plastic cap; and
9) N00°24'58"W 350.25 feet to a 1/2" iron rod set with a plastic cap at the northwest
corner of this tract;
10) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers
tract, N74°59'28'E 5.00 feet to the POINT OF BEGINNING and containing 0.2138 of
one acre (9,315 square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE 01? TEXAS §
COUNTY 01? TRAVIS §
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct to the best of my knowledge and belief and that the
property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
8th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
oF
,T
;ia�
3623 ,v4.
:°r..s ..off._'
Chris Conrad, Reg. �'rofessional�Surveyor No. 5623 ��. s utzs``
Note: There is a plat to accompany this description. (CI'DV h3SM'I7)
Issued 3/05/09; Revised 4/8/09
SCALE 1" = 100'
.DAVID CURRY
SURVEY
ABSTRACT NO. 130
PART 7
0.2138 AC.
9,315 SQ.FT.
SKETCH TO ACCOMPANY DESCRIPTION
OF' 0.2138 AC. OR 9,315 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
1
p PPL1
P.O.B.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
RE: CITY OF ROUND ROCK
CHISHOLM TRAIL HOTEL d CENTRE `- ' • / 1. '\ \
.RW.C. Al 60...
L / \ \o*
AABIEL INCO iPORT.O \
08
K I 0 o o2�w269 4LOT 1 3r
w /
v�/a1l%5 .\\
kse t9� �o'l \ \ \
\ •
\ \\•\ , W2007 EQUITY INNS REALTY. L.P.
DOC. 2007102875
0.P.R.W.C,
JI
AMENDING PLAT OF
LOT 2 & 3
CHISHOLM TRAIL HOTEL CENTRE
CAB. R, SL. 185
P,R.R.C,
LOT 3
BLOCK A
ROUND ROCK-,,
HOSPITALITY, L.P. \ ,
\�
DOC. 9830791 ' _k. 14
O R.W.C. \v0'
LOT 4 ' \-
\ 3
BLOCK A \\•
CHISHOLM TRAIL\\,
HOTEL CENTRE \.\\
iI CAB,P.R.B.C. SL. 114 \ \
I
I/0;'aty (1,,°‘:0%;:143,>‘
;' /
r.
MATCH PAGE
1.I:\SDSKPRRJ\CHISHOLM-RTO\DWG\PARCELS\CTOV..ESMT6_REV1.DWG
•
•••••'"
/-, .
/ °, • /
/449-�%53j/
DIANA HALL, ET AL.
DOC. 9917891
O.R.I. C.
(0.99 AC.)
LINE TABLE
LINE
BEARING
LENGTH
LI
N89'35'02'E
5.00
12
N74'59'28'E
5.00
LEGEND
O 1/2'IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY'
P.O.B. POINT OF BEGINNING
D.R,W.C. DEED RECORDS
WILUAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILUAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBUO RECORDS
WILUAMSON COUNTY. TEXAS
P.R.W.C. PLAT RECORDS
WILUAMSON COUNTY. TEXAS
REVISED: 04/08/09
SURVEYED BY: ISSUED: 03/05/09
PAGE 3 OF 6
11 MaORAY & MaORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.2138 AC. OR 9,31 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
SCALE 1" = 100'
DAVID CURRY
SURVEY
ABSTRACT NO. 130
PART 7
0.2138 AC.
9,315 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
jig
RE: CITY OF ROUND ROCK
MATCH PAGE
3 OF 6
1.4NSDSKPROACHISHOLM^RTO\DWO\PARCELS\CION ESMTB_REVI.OWG
DIANA NALL. ET AL
DDC. 9917891
O.R.W.C.
(6.99 AC.) '
&O.°I -
�`41
-1`�oy5 SEea $11
i 01
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
MATCH PAGE
5 OF 6 ,OM.„_
LEGEND
0 1/2" IRON ROD FOUND
Co 1/2” IRON ROD SET WITH
PLASTIC CAP 'MCGRAY MCGRAY
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
1MLUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/08/09
SURVEYED BY: PGE 4 OF 59
MoGRAY 8c MoORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #8
AUSTIN. TEXAS 78731
(812) 4451--8591
JOB NO.: 08-112
11
SCALE 1" = 100'
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.2138 AC. OR 9,315 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
DAVID CURRY it
SURVEY
ABSTRACT NO. 130
0
g
PART 7
0.2138 AC.
9,315 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD,
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
MATCH PAGE
4 OF 6
RE: CITY OF ROUND ROCK
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
00C. 2003114923
0.P.R.W.C.
(63.777 AC.)
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
01
C2
261.03
262.28
1045.00
1050.00
1418'42"
14'18'43"
131.20
131.83
50760'58"E
NO750'5871Y
260.35
261.60
M:\SOSICPROACHISHOLM-RTG\DWO\PARCELS\CTDV-ESMT8-REVLOWO
MATCH PAGE
6 OF 6 _ _
r.. -..-..-.._..r.... LEGEND
0 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MOGRAY MCGRAY"
P.O.B. POINT OF BE01NNINC
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILUAMSON COUNTY; TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
HILUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILI.IAMSON COUNTY. TEXAS
REVISED: 04/08/09
SURVEYED BY: ISSUED: 03/05/09
PACE 5OF6
MoORAY & MOGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
4108 NO.: 08-112
SCALE 1" = 100'
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.2138 AC. OR 9,315 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
DAVID CURRY SURVEY
ABSTRACT NO. 130
RE: CITY OF ROUND ROCK
MATCH PAGE ••-••-••_•• •
5OF6
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(63.777 AC.)
PART 7
0.2138 AC.
9,315 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(83.167 AC.)
LINE TABLE
LINE
BEARING
LENGTH
Ll
N89'35'02'E
5.00
1.2
N74'59'28'E
5.00
BARBARA LOU CALDWELL,
NANCY ANN OLSON, AND
GARY RALPH PETERSON
VOL. 768. PG. 589
D.R.W.C.
(7.12 AC.)
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE. NAD83 (93 HARN) DATUM. THE, BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01--002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RRO1-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=1016.5784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W. AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR 15
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENDOWNERSHIP AND EASEMENT
REPORT. /< OF
••gy- -- -f'-1
I i,R
2
Oa,; Es50°•�
04/08/09
CHRIS COTJRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: ThIs copy of this plat is not Valid unless on original signature
through on originol seal appears on its face. There Is a description to
accompany this plat.
M \SDSKPROJ\CHISHOLM—RTO\OWG\PARCELS\C[DV_ESMT8_REVI.DWG
_ r -
(517.1 ---":04--,691
r — E
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTO.
00C. 2008078336
O.P.R.W.C.
(5.00 AC. SAVE AND
EXCEPT 0.175 AC.)
30' T. P. ft L. EASEMENT
VDI. 239, PG. 66
0.R.YWC.
AND
7. P. & L. AND
S.W.ILT. EASEMENT
VOL 564, PC. 483
D.R.W.C.
AND
T. P. & L EASEMENT
VOL 233. PG. 446
D.R.W.C.
�/ .
LEGEND
O 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET YATH
PLASTIC CAP "MCGRAY MCGRAY"
P.0.8. POINT OF BEGINNING
D.R.W.C. GEED RECORDS.
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
VALLIAMSON COUNTY. TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WWAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILUAMSON COUNTY. TEXAS
REVISED: 04/05/09
SURVEYED MA PAGE
03/05/09
PAGE 6 OF 6
MoORAY 8c MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE 116
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT E
Page 1 of 7
Easement
August 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 5)
DESCRIPTION OF 0.6745 OF ONE ACRE (29,379 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS AND OUT OF THAT TRACT DESCRIBED AS
5.00 ACRES SAVE AND EXCEPT 0.175 OF ONE ACRE IN A DEED TO
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF RECORD IN DOCUMENT
NUMBER 2006078336, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,
TEXAS; SAID 0.6745 OF ONE ACRE OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest corner of this tract,
same being in the west line of said 63.77 acre Chisholm Trail Developers tract and the
existing east right-of-way (ROW) line of Chisholm Trail and the east line of that tract
described as 0.540 of one acre for ROW in a deed to the City of Round Rock, of record in
Document Number 2003093096, Official Public Records, Williamson County, Texas
from which a 1/2" iron pipe found at the southwest corner of that tract described in a
deed to Diana Hall, et al., of record in Document Number 9917891, Official Records,
Williamson County, Texas, same being at an angle point in the east line of Chisholm
Trail bears N00°41'56"W 326.58 feet and S70°36'52"W 23.16 feet;
I) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers
tract, N89°18'29"E 15.00 feet to a 1/2" iron rod set with a plastic cap at the northeast
corner of this tract;
THENCE, with an east line of this tract, continuing across said 63.777 acre and said 5.00
acre Chisholm Trail Developers tracts, the following five (5) courses, numbered 2
through 6;
2) S00°41'56"E 350.75 feet to a 1/2" iron rod set with a plastic cap;
3) with a curve to the left whose central angle is 14°19'00", radius is 940.00 feet, an
arc distance of 234.88 feet, the chord of which bears S07°51'25"E 234.27 feet to a
1/2" iron rod set with a plastic cap,
EXHIBIT
Page 2 of 7
Easement
August 13, 2009
4) S14°59'33"E 203.19 feet to a 1/2" iron rod set with a plastic cap in the south line
of said 63.777 acre Chisholm Trail Developers tract and the north line of said 5.00
acre Chisholm Trail Developers tract;
5) S15°00'52"E 535.93 feet to a 1/2" iron rod set with a plastic cap; and
6) S59°58'31'E 41.80 feet to a 1/2" iron rod set with a plastic cap for an interior ell
corner of this tract;
THENCE, with a north line of this tract crossing said 63.777 acre tract, the following four
(4) courses, numbered 7 through 10;
7) with a curve to the left, whose central angle is 25°05'34", radius is 545.00 feet, an
arc distance of 238.68 feet, the chord of which bears N60°19'07"E 236.78 feet to
a 1/2" iron rod set with a plastic cap;
8) N48°20'01"E 69.48 feet to a 1/2" iron rod set with a plastic cap;
9) with a curve to the left, whose central angle is 12°03'59", radius is 945.00 feet, an
arc distance of 199.02 feet, the chord of which bears N41°37'40"E 198.65 feet to
a 1/2" iron rod set with a plastic cap; and
10) N35°51'32"E 34.18 feet to a 1/2" iron rod set with a plastic cap at the north corner
of this tract;
11) THENCE, with a northeast line of this tract, crossing said 63.777 acre tract,
S54°08'28"E 15.00 feet to a 1/2" iron rod set with a plastic cap at the east corner of
this tract, same being in the southeast line of said 63.777 acre tract and the existing
northwest ROW line of Chisholm Trail Parkway from which a 1/2" iron rod found in
the southeast line of said 63.777 acre Chisholm Trail Developers tract and the
northwest ROW line of Chisholm Trail Parkway bears N35°51'32"E 18.45 feet;
THENCE, with a southeast line of this tract and said 63.777 acre Chisholm Trail
Developers tract and the existing northwest ROW line of Chisholm Trail Parkway, the
following four (4) courses, numbered 12 through 15;
12) 835°51'32"W 34.15 feet to a 1/2" iron rod set with a plastic cap;
EXHIBIT Page 3 of 7
Easement
August 13, 2009
13) with a curve to the right, whose central angle is 12°04'12", radius is 960.00 feet,
an arc distance of 202.23 feet, the chord of which bears S41°37'53"W 201.86 feet
to a 1/2" iron rod set with a plastic cap;
14) S48°20'01"W 69.49 feet to a 1/2" iron rod set with a plastic cap; and
15) with a curve to the right, whose central angle is 27°11'15", radius is 560.00 feet,
an arc distance of 265.73 feet, the chord of which bears S61°22'24"W 263.24 feet
to a 1/2" iron rod set with a plastic cap at the southwest corner of this tract;
16) THENCE, with a southwest line of this tract, crossing said 63.777 acre Chisholm
Trail Developers tracts, N59°58'31"W 34.76 feet to a 1/2" iron rod set with a plastic
cap in the west line of said 5.00 acre Chisholm Trail Developers tract and the existing
east ROW line of Chisholm Trail and the east line of that tract described as 0.175 of
one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2001062136, Official Public Records, Williamson County, Texas;
17)THENCE, with the west line of this tract and said 5.00 acre Chisholm Trail
Developers tract and the existing east ROW line of Chisholm Trail and the east line of
said 0.175 of one acre City of Round Rock tract, N15°00'52"W 556.29 feet to a 1/2"
iron rod found at the northwest corner of said 5.00 acre Chisholm Trail Developers
tract and the northeast corner of said 0.175 of one acre City of Round Rock tract and a
southwest corner of said 63.777 acre Chisholm Trail Developers tract and the
southeast corner of said 0.540 of one acre City of Round Rock tract;
THENCE, continuing with the west line of this tract and said 63.777 acre Chisholm Trail
Developers tract and the existing east ROW line of Chisholm Trail and the east line of
said 0.540 of one acre City of Round Rock tract, the following three (3) courses,
numbered 10 through 12;
18) N14°59'33"W 203.19 feet to a 1/2" iron rod found;
19) with a curve to the right, whose central angle is 14°19'00", radius is 955.00 feet,
an arc distance of 238.63 feet, the chord of which bears N07°51'25"W 238.01
feet to a 1/2" iron rod found; and
EXHIBIT
Page4of7
Easement
August 13, 2009
20) N00°41'56"W 350.75 feet to the POINT OF BEGINNING and containing
0.6745 of one acre (29,379 square. feet) within these metes and bounds, more or
less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That 1, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
13th day of August, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. ProfessionaTLand Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ESMT1)
Issued 3/5/2009; Revised 8/13/09
1 2"
S70 36'52"W)
23.18'
P.O.B.
0
arn
22 Q
Nit
p�
*j3Q
PP000
��3t
LEGEND
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6745 AC. OR 29,379 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
Lt
N0011'56"W
326.58'
z
r
UN
DIANA HALL, ET AL
DOC. 9917891
O.R.W.C.
(8.99 AC.)
RE: CITY OF ROUND ROCK
-H-
SCALE 1" = 100'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
234.88
940.00
14'19'00"
118.06
S07'51'25"E
234.27
C2
238.68
545.00
25'05'34"
121.29
N6019'07"E
236.78
C3
199.02
945.00
12'03'59"
99.88
N4137'40"E
198.65
C4
202.23
980.00
12'04'12"
101.49
S4117'53"W
201.86
C5
265.73
560.00
27'1115"
135.41
S61'22'24"W
263.24
C6
238.63
955.00
1419'00"
119.94
N07'51'25"W
238.01
O 1/2" IRON ROD FOUND
0 IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY•
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILUAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILUAMSON COUNTY. TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
P.R.W.C. PLAT RECORDS
WILUAMSON COUNTY, TEXAS
RECORD INFORMATION
Oax) V01.. 1322, PG. 207
EXHIBIT "A"
PART 5
0.6745 AC.
29,379 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
<63.777 AC.>
1.1:\SOSKPROACHISHOIM--RTG\DWGAPARCELS\CiDV_ESMTI-REV2.DWG
LINE TABLE
LINE
BEARING
LENGTH
L1
N89.18'29'E
15.00
L2
S59•58'31'E
41.80
L3
N48'20'Ol'E
69.48
L4
N35.51'32'E
34.18
L5
554.08'28'E
15.00
L6
N35.51'32'E
18.45
L7
S35.51'32'W
34.15
<L8)
<N37.05'41'E)
(52.23)
L9
S48.20'Ol'W
69.49
L10
N59.58'31'4/
34.76
L11
S54.18'32`E
20,07
L12
S77.13'32'1.4
14.10
DAVID CURRY SURVEY
ABSTRACT NO. 930
of6 ..__...._ ...,... - ....,
SURVEYED BY:
REVISED: 08/13/09
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 5 OF 7
MoORAY & MoORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
.108 NO"' 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6745 AC. OR 29,379 SQ. FT. OF LAND
SCALE 1 = 100 OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
_ r ..._.._.._....�.."..A._..__ ..._......_.........—.._
i la'91:•.!
MATCH TAW" OF 6
V -I0.: r CHISHOLM TRAIL
Q4�• DEVELOPERS VENTURE, LTD.
(ii 1 ,Z Ua DOC. 2003114923
0.P.R.W.C.
s• a7'.c� . (63.777 AC.)
�.lx TId tilt).
RE: CITY OF ROUND ROCK
DAVID CURRY SURVEY
ABSTRACT NO. 930
a,
CHISHOLM TRAIL
DEVELOPERS
VENTURE. LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
LEGEND
•� kgh•�1').
($/7�1��? 494.691(078.3� OO
PART 5
0.6745 AC.
29,379 SQ.FT.
CHISHQIJA TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2006078336
0.P.R.W.C.
(5.00 AC. SAVE AND
EXCEPT 0.175 AC.)
30. T. P. & L. EASEMENT
VOL.. 239, PG. 66
D.R.W.C.
AND
T. P. & L. AND
S.W.B.i. EASEMENT
VOL. 564, PG. 483
D.R.W.C.
AND
T. P. & L. EASEMENT
VOL 233. PG. 446
D.R.W.C.
1
�..
�,N
wk
.moi t i
1
/17
CHISHOLM PARKWAY
(80' R.O.W.)
VOL. 1322, PG. 207
O.R.W.C.
)HATCH PAGE 8 OF.„g, ,_ ... .._. .._ ..
• 1/2' IRON ROD FOUND
0 IRON PIPE FOUND (SIZE NOTED)
O 1/2' IRON ROD SET WITH
PLASTIC CAP 'MCGRAY MCGRAY'
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILUAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
YALUAUSON COUNTY, TEXAS
O.P.R.W.C. OFFKXAL PUBUC RECORDS
Y1LUAMSON COUNTY, TEXAS
P.R.W.C. PIAT RECORDS
V1LUAMSON COUNTY, TEXAS
RECORD INFORMATION
(xxx) VOL. 1322, PG. 207
EXHIBIT "A"
M:\SDSKPR0.PCHISHOLM—RTG\DWO\PARCELS\CTOV_ESMI1_REV2.0WG
CHPAISHOI.3i
RK
1 SECTION
ENEN
AMENDED
CAB. H,
SSL 216-216
1 '.RAC.
1 LOT. oast
`
LOT
`4\
\
1
/ / 11 �4.V
40
REVISED: 08/1.3/09
REVISED: 04/08/09
SURVEYED 8Y: ISSUED: 03/05/09
PAGE 6 OF 7
MoORAY 8c MOGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
SCALE 1"
100'
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6745 AC. OR 29,379 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
•
PART 5
0.6745 AC,
29,379 SQ.FT.
CHISHOLM. TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(83.167 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130 /
/1 G,
/ • a0,/
/ /.
/ /• /
/• /• /
/" /-
/ /•
/ •
/
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM. CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
W.10156747.30, E3128487.39, AND "RROM-007`", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N*10165784.07, E»3126054.81. HAVING A GRID BEARING OF
N15'04'02'W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BEN OF AN OWNERSHIP AND EASEMENT
REPORT. >r
/
/•
/
Vyi lf�
i'D
5144O 00C 2005078 336
RE: CITY OF ROUND ROCK
• MAToil PAGE 8.OF 6 •• Y. P. 'it L.. AMo /dol
S-W.O.T. EASEMENT—� ,,0.
tri DEVELOPERS YOL. 233. PC. 446 //4, /
CHISHOLM TRAIL VVL 564. PC. 483 k • y
•
d VENTURE, LTD. D.R.W.C. /%o'(
O.P.R.W.C. g4N
o I - (5.00 AC. SAVE AND 4,44°j te,Z, .0 1 QG
pl 30• T.P.&L. 1 /.��i b l6
• p 10 to EASEMENT ill' . •�/O G
o W" VOL. 239, `5 . / G••
?• 4(11.3q..
�, � I1 EXCEPT 0.175 AC.) /‘‘,
O.R.1Y.C.
hyo'
3 •
/ 4.JfJG
•4\G6o�
OP,H p�y\`
CI -IF
•;10.'
40, .SUiZ`I`4 08/13/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. '5.623 DATE
Note: This copy of this plat is not valid unless an original signature
through on original seal oppears on Its fore. There Is a description to
accompany this plat.
M:\SDSKPRO I\CHISHOLM—RTG\DWG\PARCELS\OTOV_ESMTI_REV2.0WG
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(63.777 AC.)
/
LEGEND
o 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET NOH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.Y1.C. DEED RECORD$
WILLIAMSON COUNTY. TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WALUAMSON COUNTY. TEXAS
P.R,W.C. PLAT RECORDS
WALUAMSON COUNTY, TEXAS
RECORD INFORMATION
(XXX) VOL 1322, PG. 207
EXHIBIT "A'"
REVISED: 08/13/09
REVISED: 04/08/09
SURVEYED 9Yt ISSUED: 03/05/09
PAGE 7 4F 7
MoGRAY & MCORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
.108 NO.: 08-112
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tr ItS111(nVaNi1SX..a0
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SPECIAL WARRANTY DEED
Chisholm Trail Roadway Project
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
s
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.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
itnprovement, or operation of a portion of the proposed Chisholm Trail improvement project ("Project");
and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership,
hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of
Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell
and. Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and
being situated in the County of Williamson, State of Texas, being more particularly described as
follows:
All of that certain 15.0790 acre tract of land, more or less, out of the David Curry
Survey, Abstract No. 130, Williamson County, Texas, being more fully described by
metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein
(Parcel 19, part 5); and
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
00203645.00c
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrurnent is executed on this the day of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
ACKNOWLEDGMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
INGRESS AND EGRESS EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
§
KNOW ALL BY THESE PRESENTS:
That, Chisholm Trail Developers Venture, Ltd., a Texas limited partnership, and its
successors and assigns, ("GRANTOR"), for and in consideration of the payment of TEN and
NO/100 DOLLARS, ($10.00), and other good and valuable consideration, in hand paid to
GRANTOR by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the
County of Williamson, State of Texas, ("GRANTEE"), the receipt of which is hereby
acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT,
SELL, and CONVEY unto Grantee, its successors and assigns, the perpetual right of ingress and
egress over and across the following described property, to -wit:
See Exhibit "A" describing by metes and bounds a tract of land consisting of
0.0205 acre, more or less, out of the David Curry Survey, Abstract No. 130,
Williamson County, Texas (the "Easement") (parcel 16E Part 1); and
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property, to the extent, and only to the extent, that
the same may still be in force and effect, shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the Easement, rights and privileges herein granted shall be
perpetual, provided however, that said Easement, rights, and privileges shall cease and revert to
Grantor in the event the right of ingress and egress is abandoned, or shall cease to be used, for a
period of five (5) consecutive years.
The Easement, rights, and privileges granted herein are exclusive, and Grantor covenants
that it will not convey any other easement or conflicting rights within the area covered by this
easement grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use of the Easement to determine the effect, if any, on Grantee's rights contemplated
herein. Prior to granting its consent for other easements Grantee may require reasonable
safeguards to protect the integrity of its rights of ingress and egress.
Grantor further covenants and agrees and Grants:
00205651.DOC
(a) the foregoing right of ingress and egress includes the right of Grantee to
disassemble, remove, take down, and clear away any fence, barricade, or other
structure which obstructs, prevents, or hinders Grantee's ingress and egress
across Grantor's property;
(c) the right of grading for, construction, maintaining and using such roads on and
across the property as Grantee may deem necessary in the exercise of the right of
ingress and egress, including, but not limited to, the construction of access road
improvements as shown on the plan sheet attached hereto as Exhibit "B".
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement;
(b) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
Easement and rights and interests unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim same, or any part thereof by, through or under
Grantor, but not otherwise.
1N WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.,
a Texas limited partnership
By: Hi Jolly Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
ACKNOWLEDGEMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Bodeiunan, in the capacity and for the purposes and
consideration recited herein,
PREPARED IN THE OFFICE OF:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
3
Notary Public, State of Texas
PUBLIC UTILITY EASEMENT
Chisholm Trail Road
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
§ KNOW ALL BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS, LTD., a Texas limited partnership and its
successors and assigns, ("Grantor"), for and in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND
ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of
Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby
GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a
perpetual public utility easement and right-of-way in, upon, over, under, above and across the
following described property, to -wit:
See Exhibit "A" describing a 0.6326 acre tract of land, more or less, said tract
described in further detail by metes and bounds in Exhibit "A" (Parcel 19E, Part
6B)
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: electric
transmission and distribution lines, telecommunication and cable television lines, water lines,
natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and
related equipment, stormwater lines, drainage systems and structures, all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities,
drainage pipes and all other subsurface drainage structures, and any necessary accessories, or
operations.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
It is understood and agreed that any and all equipment and facilities placed upon said
property shall remain the property of Grantee.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests' unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2010.
[signature page follows]
2
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGEMENT
§
§
§
This instrument was acknowledged before me on this the day of the month of
, 2010, by David Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
SLOPE EASEMENT
Chisholm Trail Road Reconstruction
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
§ KNOW ALL MEN BY THESE PRESENTS:
THAT CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns ("Grantor"), for and in consideration of the stun of
TEN and no/100th DOLLARS ($10.00) and other good and valuable consideration paid by
the CITY OF ROUND ROCK, TEXAS, ("Grantee"), receipt of which is hereby
acknowledged, does hereby Grant, Sell, Donate and Convey, unto Grantee a permanent
easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct,
enlarge, relocate, rebuild, repair, and remove materials for slope and lateral support of the
adjacent Chisholm Trail roadway facilities and related appurtenances to wit:
See Exhibit "A" attached hereto and incorporated herein for all purposes, being a strip
of land containing approximately 0.6326 acres of land, more or less, out of the David
Curry Survey, Abstract No. 130, Williamson County, Texas; said area described in
further detail by metes and bounds in Exhibit "A" (the "Easement") (Parcel 19E, part
6B).
This conveyance is made and accepted subject to any and all conditions and
restrictions, if any, relating to the hereinabove described property, to the extent, and only to
the extent, that the same may still be in force and effect, shown of record in the office of the
County Clerk of Williamson County, Texas.
The Easement, rights, and privileges granted herein are exclusive, and Grantor
covenants that it will not convey any future easement or conflicting rights within the area
covered by this grant, without the express written consent of Grantee, which consent shall not
be unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use of the Easement to determine the effect, if any, on the road system
contemplated herein. Prior to granting its consent for other easements Grantee may require
reasonable safeguards to protect the integrity of the adjacent road system improvements.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width thereof and to extend the
cuts and fills for such grading into and on the land along and outside the Easement to such
extent as Grantee may find reasonably necessary to match the grade of the adjacent property;
(b) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement.
00205644.DOC
Grantee hereby covenants and agrees:
(a) Grantee shall indemnify Grantor against any loss and damage which shall be
caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act
or omission of Grantee's agents or employees in the course of their employment.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind himself, his heirs, successors
and assigns, and legal representatives, to warrant and forever defend, all and singular, the
above-described Easement and rights and interests unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Bodetmtan, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
DRAINAGE EASEMENT
THE STATE OF TEXAS
EXHIBIT
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns, hereinafter referred to as Grantor (whether one or
more), ("GRANTOR"), for and in consideration of the payment of TEN and NO/100 DOLLARS
($10.00) and other good and valuable consideration paid to GRANTOR by the CITY OF
ROUND ROCK TEXAS, TEXAS, a municipal corporation, (hereinafter referred to as
"Grantee"), the receipt of which consideration is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto
Grantee certain rights and interests in the nature of a perpetual drainage easement and right-of-
way in, upon, over, under, above and across the following described property, to -wit:
See Exhibit "A" describing a certain tract of land being 0.6745 acre out of
the David Curry Survey, Abstract No. 130, Williamson County, Texas
(Parcel 19E, part 5) ; and
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: lines,
connecting lines, access facilities and related equipment, drainage systems, channel and
structures, all necessary conduits, valves, vaults, manholes, ventilators, rip rap, rock and related
appurtenances, storm sewers and collection facilities, drainage pipes and all other surface and
subsurface drainage structures, and any necessary accessories, or operations; and for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance,
alteration, repair, rebuilding, removal and patrol of a drainage system, together with all necessary
equipment, improvements and appurtenances thereto.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the facilities or improvements are abandoned, or shall cease to be used, for a
period of five (5) consecutive years, or as otherwise specified herein.
00159777
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use of the easement to determine the effect, if any, on the facilities or uses
contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the facilities or structures or flows thereon.
Grantee certifies that any and all drainage facilities as described herein and constructed
by Grantee within the easement shall convey the 25 year storm water runoff from the existing
undeveloped upstream drainage basin of approximately thirty nine (39) acres. Grantee also
certifies that all drainage facilities, storm sewer lines, and/or culverts constructed downstream of
the easement as part of the Grantee's Chisholm Trail Reconstruction/Chisholm Parkway
Extension project are sized and constructed to convey the fully -developed, undetained 100 year
storm water runoff from the same thirty nine (39) acre upstream drainage basin from the
easement to Onion Creek with the assumptions of eighty (80) percent impervious coverage and a
time of concentration of five (5) minutes for the drainage basin.
If, at any time in the future Grantor, its successor and assigns shall cause to be
constructed on the ground and in place any drainage improvements on the adjoining property
which function sufficiently to divert stormwater runoff away from the Property conveyed herein
to the extent that this drainage easement area is no longer needed to carry runoff for the purposes
acquired herein; then, upon review and approval of such condition by the City of Round Rock
Engineer or his designated agent Grantee shall abandon and release all interest in this Drainage
Easement back to Grantor, its successors or assigns by document recorded in the real property
records of Williamson County, provided however, that Grantee shall be allowed to retain or
otherwise be granted a continuing easement interest in the area immediately surrounding any
inlet or other drainage structures that have been installed on the Property in order to allow
continuing operation and maintenance of any such facilities, along with any ingress and egress
necessary to access such facilities if same is not available from an adjacent public right of way.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof and to extend the cuts
and fills for such grading into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary to match the grade of the
adjoining property;
(b) the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, if such exist; otherwise by such
route or routes as shall occasion the least practicable damage and inconvenience
to Grantor; provided that such right of ingress and egress shall not extend to any
portion of Grantor's property which is isolated from the easement by any public
2
(c)
highway or road now crossing or hereafter crossing the property; the foregoing
right of ingress and egress includes the right of the Grantee to disassemble,
remove, take down, and clear away any fence, barricade, or other structure which
obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's
property, and should Grantee deem it necessary to so disassemble, remove, take
down, or clear away any such fence, barricade, or other structure, Grantee shall,
as soon as is reasonably feasible, replace or restore Grantor's property to as
similar a condition as reasonably practicable as existed immediately prior to
Grantee's actions pursuant to this provision, unless said fence, barricade, or other
structure is inconsistent with the rights conveyed to Grantee herein;
the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the easement and to trim and to cut down and
clear away any trees on either side of the easement which now or hereafter in the
opinion of Grantee may be a hazard to any improvements, by reason of the danger
of falling thereon or root infiltration therein, or which may otherwise interfere
with the exercise of Grantee's rights hereunder, provided, however, that all trees
which Grantee is hereby authorized to cut and remove, if valuable for timber or
firewood, shall continue to be the property of Grantor, but all tops, lops, brush and
refuse wood shall be burned or removed by Grantee;
(e) the right to mark the location of the easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the
easement;
(f) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the easement; and
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and damage which shall be
caused by the exercise of the rights of ingress and egress or by any wrongful or
negligent act or omission of Grantee's agents or employees in the course of their
employment.
3
it is understood and agreed that any and all equipment and facilities placed upon said
property shall at all times remain the property of Grantee unless otherwise agreed between the
parties in writing.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
4
ACKNOWLEDGMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
PREPARED IN THE OFFICE OF:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
5
Notary Public, State of Texas
TEMPORARY CONSTRUCTION EASEMENT
Chisholm Road Improvements—Offsite Grading
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT
I N
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., hereafter referred to as Grantor,
whether one or more, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration paid by the City of Round Rock, Texas, the receipt of which is hereby
acknowledged, does hereby grant to the City of Round Rock, Texas, its agents, contractors,
successors and assigns (referred to as "City"), a temporary construction easement for the purpose
of earthen or material placement, grading, shaping or other reconfiguration or modification of the
floodplain area in, along, upon and across the property located in the County of Williamson,
State of Texas ("Project"), more fully shown described in Exhibits "A" and "B" for any and all
purposes ("Property"). The placement of any material or other grading on the Property shall be
subject to, and shall comply with any notes, details, specifications or other requirements or
restrictions as shown on Exhibits "A" and "B". The fill material used for the purposes of this
easement shall comply with the following specifications:
Texas Department of Transportation "Standard Specifications for Construction and Maintenance
of Highways, Streets, and Bridges" 2004: Embankment (Final)(Density Control)(l'ype > B) with
rock no larger than three inches and void of vegetative material
The parties agree further as follows:
Following completion of work within the temporary construction easement area described in
Exhibits "A" and "B", if City has removed or damaged improvements, planted landscaping or
other improvements or vegetation within said easement area or otherwise on any other property
owned by Grantor that are outside the purposes and scope of the rights granted herein, City shall
at its expense and within sixty (60) days of completion of the work, restore the Property injured
by City's activities to substantially the sante condition as existed previous to City's entry upon
the Property.
This temporary construction easement shall be in full force and effect at all times during the
accomplishment and completion of the construction activities described above. For the work to
be done on the property Shown on Exhibit "A" this temporary construction easement shall
terminate and the easement rights shall revert to the Grantor, Grantor's successors, and assigns,
and all interest conveyed shall terminate upon the expiration of 90 days after the initial entry
upon the Property for the activities described herein, or on the 31st day of December, 2011,
whichever occurs first. For the work to be done on the property Shown on Exhibit "B" this
temporary construction easement shall terminate and the easement rights shall revert to the
Grantor, Grantor's successors, and assigns, and all interest conveyed shall terminate upon the
expiration of 120 days after the initial entry upon the Property for the activities described herein,
or on the 31' day of December, 2012, whichever occurs first.
O:lwdox\SCCInts191199W0191REALESTATE100206376.DOC
This conveyance is subject to all easements, rights of way, and prescriptive rights, whether of
record, visible or apparent on the ground, all restrictions, reservations, covenants, conditions, oil,
gas, or other mineral leases, mineral severances and other instruments that affect the Property.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on this day
of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD,
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
THE STATE OF TEXAS
COUNTY OF
§
§
Acknowledgment
This instrument was acknowledged before me on the day of ,
2010, by David C. Bodenman in the capacity and for the purposes and consideration recited
herein.
(seal)
After recording return to:
Notary Public Signature
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, Texas 78664
3
TEMPORARY CONSTRUCTION EASEMENT
Chisholm Trail Road Widening Iinprovenients
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT
i 0
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership,
hereafter referred to as Grantor, whether one or more, in consideration of Ten Dollars ($10.00)
and other good and valuable consideration paid by the City of Round Rock, the receipt of which
is hereby acknowledged, does hereby grant to the City of Round Rock, its agents, contractors,
successors and assigns (referred to as "City"), a temporary construction easement in and to the
property described in Exhibit "A" attached hereto for the purpose of constructing roadway
improvements on the adjacent property owned by the City, and any associated clearing, tree,
plant or other improvement removal, storage, staging or other use to facilitate the adjacent road
widening and utility relocation improvement project, in, along, upon and across the Property as
necessary to carry out the purposes of this easement. The construction and/or removal of any
improvements within the adjacent right of way shall be subject to and shall comply substantially
with any notes, details, specifications or other requirements or restrictions as shown on Exhibit
The parties agree further as follows:
Following completion of work within the temporary construction easement area described
in Exhibit "A", City shall at its expense and within ninety (90) days of completion of the work
restore any Property injured by City's activities which are outside the scope, purposes, or
required use of the easement to substantially the same condition as existed previous to City's
entry upon the Property, taking into consideration the use and purposes to which the Property is
to be put.
This temporary construction easement shall be in full force and effect at all times during
the accomplishment and completion of the construction activities described above. This
temporary construction easement and all interest conveyed herein shall terminate eight months
after the first entry for beginning of the work upon the Property, or on the date of completion of
construction of the Project, or December 31, 2011, whichever occurs first.
This conveyance is subject to all easements and rights of way of record, visible or
apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other
mineral leases, mineral severances and other instruments that affect the Property.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on this
day of , 2010.
GRANTOR:
Chisholm Trail Developers Venture, Ltd.,
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its General Partner
By:
David C. Bodenman
President
Acknowledgment
State of Texas §
§
County of §
This instrument was acknowledged before me on this the day of
, 2010 by David C. Bodenman, in the capacity and for the purposes and consideration
recited herein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, Texas 78664
3
00197709.DOC
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY,
City Council Agenda Summary Sheet
Agenda Item No. 11A1.
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with
Agenda Caption: Chisholm Trail Developers Venture, Ltd for the Chisholm Trail Project (Parcel 19)
Meeting Date: November 23, 2010
Department: Legal
Staff Person making presentation: Steve Sheets
City Attorney
Item Summary:
This is a request for execution of a Real Estate Contract with Chisholm Trail Developers Venture, Ltd. for the
Chisholm Trail Project (Parcel 19, Part 5; Parcel 19E, Part 1; Parcel 19E, Part 6B; Parcel 19E, Part 7; Parcel 19E, Part 5;
Parcel 19E, Part 10 & Area 1). The purchase price is equal to the appraised value for these parcels.
The total purchase price is $667,672.00. Out of the total Purchase Price amount of $667,672.00 Purchaser has
previously paid the amount of $50,000.00 in connection with a Possession and Use Agreement for portions of the
Property sought herein, leaving a balance of $617,672.00 now due and owing to Seller at closing.
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: $617,672.00
Source of Funds: 2002 General Obligation Bonds
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
Chisholm Trail Road Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHISHOLM
TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership, (referred to in this
Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred
to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows ("Property"):
All of that certain 15.0790 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds as shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 19, Part 5); and
Access easement in and across of that certain 0.0205 acre tract of land, more or
less, situated in the David Curry Survey, Abstract No. 130, in Williamson County,
Texas; being more fully described by metes and bounds as shown in Exhibit "B",
attached hereto and incorporated herein (Parcel 19E, Part 1); and
Public utility easement and slope easement interest in and to that certain 0.6326
acre tract of land, more or less, situated in the David Curry Survey, Abstract No.
130, in Williamson County, Texas; being more fully described by metes and
bounds as shown in Exhibit "C", attached hereto and incorporated herein (Parcel
19E, Part 6B); and
Temporary construction easement interest in and across that certain 0.2138 acre
tract of land, more or less, situated in the David Curry Survey, Abstract No. 130,
in Williamson County, Texas; being more fully described by metes and bounds as
shown in Exhibit "D", attached hereto and incorporated herein (Parcel 19E, Part
7); and
Drainage easement interest in and across that certain 0.6745 acre tract of land,
more or less, situated in the David Curry Survey, Abstract No. 130, in Williamson
County, Texas; being more fully described by metes and bounds as shown in
Exhibit "E", attached hereto and incorporated herein (Parcel 19E, Part 5).
CTD(19)--final purchase contract (DC 11-5-10 clean) (00207627)
Temporary construction easement interest for offsite grading in and across that
certain 1.0422 acre and approximately 1.113 acre tract of land, more or less, both
situated in the David Curry Survey, Abstract No. 130, in Williamson County,
Texas; being more fully described on the sketch as shown in Exhibit "F" and
Exhibit "G', attached hereto and incorporated herein (Parcel 19E, Part 10 & Area
1).
This purchase also includes any improvements and fixtures situated on and attached to the
Property described in Exhibit "A" which are not removed by Seller, for the consideration and
upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property described in Exhibit "A" shall be the sum of SIX
HUNDRED THOUSAND THIRTY NINE and 00/100 Dollars ($600,039.00).
2.01.1. The purchase price for the property interests described in Exhibit "B" shall be the
sum of TWELVE THOUSAND FOUR HUNDRED NINETY NINE and 00/100 Dollars ($12,
499.00).
2.01.2. The purchase price for the property interests described in Exhibits "C -D" shall be
the sum of FIFTY FIVE THOUSAND ONE HUNDRED THIRTY FOUR and 00/100 Dollars
($55,134.00).
2.01.3. The property interests described in Exhibits "E -G" shall be donated to Purchaser
by Seller.
Out of the total Purchase Price amount of $667,672.00 Purchaser has previously paid the
amount of $50,000.00 in connection with a Possession and Use Agreement for portions of the
Property sought herein, leaving a balance of $617,672.00 now due and owing to Seller at closing.
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
2
Special Provisions
2.03. As an obligation which shall survive the closing of this transaction, Purchaser agrees
to construct a driveway between the proposed Chisholm Trail Road improvements and the
remaining property of Seller at approximately Station 68+75R of the roadway project. The paved
driveway improvements shall terminate at the new Chisholm Trail Road right of way line, and
shall otherwise be constructed in substantial compliance with any notes or specifications as shown
on the plan sheet attached hereto as Exhibit "H". Seller agrees to provide any necessary
temporary construction easement to Purchaser or its contractors necessary to carry out the
obligations of this paragraph.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.).
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
Miscellaneous Conditions
3.04. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the closing.
3
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 current actual knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof.
The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before December 15, 2010, or
at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the
completion of any title curative matters if necessary for items as shown on the Title Commitment
(which date is herein referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title to all of the Property as shown in Exhibit "A", deliver a
duly executed access easement in and across the portion of the Property shown in Exhibit "B",
deliver a duly executed public utility easement and slope easement in and across the portion of the
Property shown in Exhibit "C", deliver a duly executed temporary construction easement in and
across the portion of the Property shown in Exhibit "D", deliver a duly executed drainage
easement in and across the portion of the Property shown in Exhibit "E", and deliver a duly
executed temporary construction easement for offsite grading in and across the portion of the
property shown in Exhibits "F" and "G", all free and clear of any and all liens and encumbrances,
except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
4
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
The form of the deed shall be as shown in Exhibit "I" attached hereto. The form of the
access easement shall be as shown in Exhibit "J" attached hereto. The form of the public utility
easement shall be as shown in Exhibit "K" attached hereto. The slope easement shall be as
shown in Exhibit "L" attached hereto. The form of the drainage easement shall be as shown in
Exhibit "M" attached hereto. The form of the temporary construction easement for offsite
grading shall be as shown in Exhibit "N" attached hereto. The form of the temporary
construction easement for adjacent road and utility work shall be as shown in Exhibit "0"
attached hereto.
(2) If requested, deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole
expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's drainage easement interest to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, general real estate taxes for the then current year relating to the Property
shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing
shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall
be upon the basis of the tax rate for the next preceding year applied to the latest assessed
valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural
roll -back taxes, if any, shall be paid by Purchaser.
5
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
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
amount of FIVE HUNDRED and 00/100 Dollars ($500.00) from the Purchaser, 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 VIII
SPECIAL PROVISIONS
The City agrees that Grantor, its successors and assigns, has the right to modify the 100 -
year ultimate flood plain by excavation, placement of embankment, and/or channelization in
conjunction with future regulated development activities on the property currently owned by the
Grantor abutting Chisholm Trail (or a successor name) after Grantor, its successors and assigns,
provides engineered flood plain studies supporting said modifications to the Grantee's City
Engineer for his/her approval, which studies adhere to all other local, state and federal regulations.
6
Grantor, its successors and assigns, shall not be required to dedicate any additional public
utility easements which are approximately parallel and immediately adjacent to Chisholm Trail
Road (or a successor name) from property currently owned by Grantor abutting Chisholm Trail
(or a successor name).
Grantee agrees to install temporary fencing for the drainage easement along the east side
of Chisholm Trail which is required to prevent livestock from escaping during the construction
period.
Grantor and Grantee have previously entered into agreements regarding Chisholm Trail.
These agreements include:
AGREEMENT REGARDING STORMWATER SYSTEM AND DEDICATION OF RIGHT-
OF-WAY FOR PUBLIC IMPROVEMENTS, filed of record in document No. 2003093097 on
September 22, 2003, in the Williamson County Real Property Records;
AGREEMENT REGARDING CONSTRUCTION OF STORMWATER SYSTEM
IMPROVEMENTS effective June 24, 1999; and
AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE IMPROVEMENTS effective
January 11, 1996.
Both parties agree that the three prior agreements shall remain in full force and effect.
Any conflicts between the three prior agreements and this agreement and its related documents,
are specific to this Chisholm Trail widening project and shall not be interpreted as amending or
changing in any manner the three prior agreements lists above.
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.
7
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, both 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.
Survival of Closing
8.10 The terms of this agreement shall survive the closing and continue to be of force and
effect until mutually terminated by the parties or their successors.
8
Effective Date
8.11 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
SELLER:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.,
a Texas limited partnership
By: HiJolly Inc., a Texas corporation,
Its Genera a ne
By:
David 'C. Bodenman
President
Date: /(%ad I IPS )-fit D
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 10,3 .1
9
Address: )4 L • �/t7 ✓f�N jv 1 rd 2
tovsci 1s 1-s-4-0)
EXHIBIT l
Page 1 of 6
15.0790 Acres
October 11, 2010
PROPERTY DESCRIPTION FOR PARCEL 19 (PART 5)
DESCRIPTION OF 15.0790 ACRES (656,843 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 15.0790 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the southeast corner of this tract, and said
Chisholm Trail Developers tract, same being in the north line of that tract described as
7.12 acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph
Peterson, of record in Volume 768, Page 589, Deed Records, Williamson County, Texas,
same being at an angle point in the existing west right-of-way (ROW) line of Chisholm
Trail and at the southwest corner of that tract described as 1.273 of one acre for ROW in
a deed to the City of Round Rock, of record in Document Number 2003093096, Official
Public Records, Williamson County, Texas, from which a 5/8" iron pipe found at the
southeast corner of said 1.273 acre City of Round Rock tract and the northeast corner of
said Caldwell, Olson, Peterson tract bears N85°31'55"E 15.23 feet;
THENCE, with the south line of this tract and said Chisholm Trail Developers tract and
the north line of said Caldwell, Olson, Peterson tract, the following four (4) courses,
numbered 1 through 4;
1) S85°17'20"W 362.65 feet to a 3/4" iron pipe found;
2) N89°44'10"W 157.39 feet to a 1/2" iron pipe found;
3) S68°50'02"W 17.29 feet to a 3/4" iron pipe found; and
4) S86°07'50"W 322.00 feet to a 3/4" iron pipe found at the southwest corner of this
tract and said Chisholm Trail Developers tracts, and the northwest corner of said
Caldwell, Olsen, Peterson tract, same being in the east line of the Georgetown
Railroad ROW;
THENCE, with the west line of this tract and said Chisholm Trail Developers tract and
the east line of the Georgetown Railroad ROW, N15°38'55"W 1574.14 feet to a 1/2"
iron rod set with a plastic cap at the northwest corner of this tract, same being in the
approximate centerline of Onion Branch Creek from which a 1/2" iron rod found at an
angle point in the east line of the Georgetown Railroad ROW bears, N15°38'55"W
285.59 feet;
EXHIBIT Page 2 of 6
15.0790 Acres
October 11, 2010
THENCE, with the northeast line of this tract, crossing said Chisholm Trail Developers
tract with the approximate centerline of Onion Branch Creek, the following twenty (20)
courses, numbered 1 through 20;
1) S58°19'32"E 177.86 feet to a calculated point;
2) S80°01'33"E 33.64 feet to a calculated point;
3) N77°35'52"E 146.20 feet to a calculated point;
4) N67°39'27"E 56.81 feet to a calculated point;
5) S69°19'30"E 27.49 feet to a calculated point;
6) S48°11'45"E 32.96 feet to a calculated point;
7) S16°31'11"E 154.00 feet to a calculated point;
8) S22°24'10"E 254.57 feet to a calculated point;
9) SO4°59'57"E 242.12 feet to a calculated point;
10) S21°52'11"E 34.22 feet to a calculated point;
11) S00°45'54"E 143.57 feet to a calculated point;
12) S11°00'24"E 73.97 feet to a calculated point;
13) S23°46'44"E 34.23 feet to a calculated point;
14) S13°57'41"E 128.07 feet to a calculated point;
15) S28°04'43"E 61.46 feet to a calculated point;
16) S67°50'33"E 69.02 feet to a calculated point;
17) S59°02'31"E 176.08 feet to a calculated point;
18) S50°41'54"E 56.22 feet to a calculated point;
19) S27°23'26"E 22.32 feet to a calculated point; and
EXHIBIT
Page 3 of 6
15.0790 Acres
October 11, 2010
20) S88°31'09"E 286.34 feet to a calculated point at the northeast corner of this
tract, same being in the east line of said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 acre
City of Round Rock tract;
THENCE, with the east line of this tract and said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 City of Round
Rock tract, S14°44'18"E 123.52 feet to the POINT OF BEGINNING and containing
15.0790 acres (656,843 square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
11th day of October, 2010 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, IN
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
C
Chris Conrad, Reg. Profession Land Surveyor No.
Note: There is a plat to accompany this description. (CTDV_PURCHASE3.6)
Issued 3/5/09; Revised 4/8/09; 10/11/2010
C.4
o
0
SKETCH TO ACCOMPANY DESCRIPTION
OF 15.0790 AC. OR 656,843 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
MATCH PAGE 5 OF 6 / /
\ //
<��kli ` / / /
0- c, / / /
r' T3 ti"')v�Gi / / �4y
fid„ O- / / 4, 0")
/ / / Q0.
/ TY 1.,G. /
\0643\-'O /
T
/ w,
CHISHOLM TRAIL N,
DEVELOPERS ri
PART 5
15.0790 AC.
656,843 SQ.FT.
(11
1.T os
-4.13
DAVID CURRY
SURVEY
ABSTRACT
NO. 130
LEGEND
/
/
RE: CITY OF ROUND ROCK
. n
/ VENTURE, LTD. -+
/ DOC. 2003114923
0.P.R.W.C.
(83.167 AC.) ✓
SCALE 1" = 200'
i
—N—
/
APPROXIMATE
ONION BRANCH CREEK o 4
N:pol
1:.',C) W7.4
L22
CENTERLINE OF
19
•
(587'29'52"W (N88'l6'04"W
(322.13') �L21 (157.46')1W
S86'07'50"W
3/4" 322.00' 3/4"
N8195.474.3190:\
• 1/2" IRON ROD FOUND
0 IRON PIPE FOUND (SIZE NOTED)
A CALCULATED POINT
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
RECORD INFORMATION
(XXX) DOC. 2003114923
(XXX] VOL. 768, PG. 589
07
(Po
•
CHISHOLM TRAIL
DEVELOPERS
VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
•
89'4410 (S86'39'56"W 377.76') w
157.39' 0 S85'17'20"W 362.65
1/2" /4^ (N87'20%377 69' 1
(N8$'09'E 115.98 VRS.) `L25 (S87'36'E)
= 322.17' (56.70 VRS.)
= 157.50'
� 15/8'•:
W
P.O.B.
No
LLP.
N w BARBARA LOU CALDWELL, N a
NANCY ANN OLSON, AND cr o
RIGHT
" • GARY RALPH PETERSON i,i � `-
;
4,0 oVi
40'x45'
EASEMENT
roR
TELEPHONE
EOL/IPM ENT
STATION
VOL. $182,
PC. 215
. y
1/2"
0
OF V/AY ANO EASEMENT • - VOL. 768, PG. 589 `° °r -
U, N✓
VOL. 721, PG. 637 VOL 427, PG, 234 D.R.V.%C.• D.R.W.C.
PARTIAL RELEASE OF EASEMENT ( AC.]
7.12
o.R.VV. c.
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_PURCHASE3.DWG
ISSUED: 10/11/10
SURVEYED BY: PAGE 4. OF 6
,cLif McGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
T
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 15.0790 AC. OR 656,843 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
DAVID CURRY SURVEY
.ABSTRACT NO. 130
rd
klm 0°
V: OPEN CHANNEL SURFACE
m DRAINAGE ESM.
tri TRACT 1 - (0.06 AC.)
DOC. 2005003050
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
OPEN CHANNEL
SURFACE DRAINAGE ESM.
TRACT 2
(2.59 AC.)
DOC. 2005003050
0.P.R.W.C.
14
1.5
tr%LP
LEGEND
PART 5 g
15.0790 AC.
656,843 SQ.FT.
• 1/2" IRON ROD FOUND
Q IRON PIPE FOUND (SIZE NOTED)
A CALCULATED POINT
O 1/2" IRON ROD SET WITH
PLASTIC CAP 'MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
\MLLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
RECORD INFORMATION
(XXX) DOC. 2003114923
[XXX] VOL. 768, PG. 589
M:\SDSKPROJ\CHISHOLM-RTG\0WG\PARCELS\CTDV_PURCHASE3.DWG
J
1
APPROXIMATE
CENTERLINE OF
ONION BRANCH CREEK
RE: CITY OF ROUND ROCK
SCALE 1" = 200'
—N—
CHISHOLM TRAIL
DEVELOPERS
VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
CHISHOLM TRAIL
0 DEVELOPERS
g S-' VENTURE, LTD.
,Ago, DOC. 2006078336
,..2"..5,1 Qn 0.P.R.W.C.
?..3,%/3„,(5.00 AC. SAVE
730143,..., fAND EXCEPT
7'6'1'45 0.175 AC.)
51,1 o
MATCH PAGE 4 OF 6
CHISHOLM TRAIL
DEVELOPERS
VENTURE. LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.) _ ,
/..
/
014
",0� •
ISSUED: 10/11/10
SURVEYED BY: PAGE 5 OF 6
MCGRAY & MCGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #8
AUSTIN. TEXAS 78731
(512) 451-8591
T
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 15.0790 AC. OR 656,843 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LINE TABLE
LINE
BEARING
LENGTH
L1
N8511'55"E
15.23
L2
568'50'02"W
17.29
(12)
(56919'42"W)
(17.35)
[12]
[N69.39'E]
[6.25 VRS.]=17.36'
L3
S5819'32"E
177.86
L4
S80'01'33"E
33.64
L5
N77'35'52"E
146.20
L6
N67'39'27"E
56.81
L7
S69'19'30"E
27.49
L8
S48'11'45"E
32.96
L9
S1611'11"E
154.00
L10
S22'24'10"E
254.57
L11
504'59'57"E
242.12
L12
S21'52'11 "E
34.22
L13
SO0'45'54"E
143.57
114
S11'00'24"E
73.97
L15
S23'46'44"E
34.23
L16
S13'57'41"E
128.07
L17
S28'04'43"E
61.46
L18
S67'50'33"E
69.02
L19
S59'02'31 "E
176.08
120
S50'41'54"E
56.22
L21
S27'23'26"E
22.32
L22
S88'31'09"E
286.34
L23
S14'44'18"E
123.52
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RRO1-007 A AXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N 15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF AN OWNERSHIP s EASEMENT
REPORT.
RE: CITY OF ROUND ROCK
LEGEND
• 1/2" IRON ROD FOUND
0 IRON PIPE FOUND (SIZE NOTED)
A CALCULATED POINT
0 1/2" IRON R00 SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILUAMSON COUNTY, TEXAS
RECORD INFORMATION
(XXX) DOC. 2003114923
[XXX] VOL. 768, PG. 589
CHRIS CONRA "REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot is not valid unless an original signature
through an original seal oppears on its foce. There is a description to
accompany this plot.
M:\SOSKPROACHISHOLM—RTOWYGVARCELS\CTIN_PORCHASE3.DWG
ISSUED: 10/11/10
URVEYED BY: PAGE 6 OF 6
McGRAY do MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
J08 NO.: 08-112
EXHIBIT L)
Page 1 of 3
Access Easement
August 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 1)
DESCRIPTION OF 0.0205 OF ONE ACRE (895 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0205 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the southwest corner of this tract and said
Chisholm Trail Developers tract and the northwest corner of Lot 1, Block A, Anchor
One, a subdivision of record in Cabinet P, Slide 120-121, Plat Records and of that tract
described in a deed to Frieling and Samuels Investments, of record in Document Number
2000006036, Official Public Records, Williamson County, Texas, same being in the
existing east right-of-way (ROW) line of Chisholm Trail and the southeast corner of that
tract described as 0.307 of one acre for ROW in a deed to the City of Round Rock, of
record in Document Number 2003093096, Official Public Records, Williamson County,
Texas and the northeast corner of that tract dedicated as ROW on said Plat of Anchor
One, from which a 1/2" iron rod found at the northwest corner of said dedicated ROW
and the southwest corner of said 0.307 one acre City of Round Rock tract bears
S68°58'47"W 9.53 feet;
1) THENCE, with the west line of this tract and said Chishohn Trail Developers tract
and the existing east ROW line of Chisholm Trail and the east line of said 0.307 of
one acre City of Round Rock tract, N14°47'03"W 20.01 feet to a 1/2" iron rod set
with a plastic cap at the northwest corner of this tract;
2) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers
tract, N68°44'10"E 45.00 feet to a 1/2" iron rod set with a plastic cap at the northeast
corner of this tract;
3) THENCE, with the east line of this tract, continuing across said Chisholm Trail
Developers tract, S14°47'24"E 20.02 feet to a 1/2" iron rod set with a plastic cap at
the southeast corner of this tract, satne being in the south line of said Chisholm Trail
Developers tract and the north line of said Lot 1 and said Frieling and Samuels tract,
from which a 1/2" iron rod found at the northeast corner of said Lot 1 bears
N68°45' 19"E 513.21 feet;
EXHIBIT
Page 2 of 3
Access Easement
August 13, 2009
4) THENCE, with the south line of this tract and said Chisholm Trail Developers tract
and the north line of said Lot 1 and saki Frieling and Samuels tract, S68°45'19"W
45.00 feet to the POINT OF BEGINNING and containing 0.0205 of one acre (895
square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
13th day of August, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No, 5623
Note: There is a plat to accompany this description. (CTDV_ESMT7)
Issued 3/5/2009; Revised 8/13/2009
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.0205 AC. OR 895 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
40'x45' EASEMENT
FOR TELEPHONE
EQUIPMENT STATION
VOL. 1182, PG. 215
O.R.W.C.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
RE: CITY OF' ROUND ROCK
SCALE 1" = 20'it
SI1'09.18"E
9.36'
CO. RD. 173
CHISHOLM TRAIL
(R.O.W. VARIES)
5/8" \ o o,
A6�gpt Z\,
558'
N6$
FRIELING AND SAMUELS
INVESTMENTS
DOC. 2000006036
O.P.R.W.C.
661
O4
5°\
66T1yj 215?C
61
to \6 PV a\. , col C. .
G , Q.
LOT 1
BLOCK A
ANCIIOR ONE
CAB. P, SL. 120-121
P.R.W.C.
DAVID CURRY SURVEY
ABSTRACT NO. 130
LINE TABLE
LINE
BEARING
LENGTH
LI
S67.58'47'W
9,53
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NA083 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABUSHEO FROM CIN OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=.10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012, ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE B EFLT OF AN OWNERSHIP AND EASEMENT
REPORT.
UJ: Qk ( 0 �(f1
,1
CI-1I.il
'i
• .......
08/13/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot Is not valid unless an original signature
through an original seal appears on Its face. There Is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM-RTO\DWG\PARCELS\CTDV_ESMT7_REV1.DWG
LEGEND
O 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MORAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.R.W.C. OFFICIAL RECORDS
IMLLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REISSUED; 08/13/09
ISSUED: 03/05/09
PAGE 3 OF 3
SURVEYED BY:
}
MoORAY & MCORAY
LAND SURVEYORS, INC.
3301 HANCOCI< DRIVE #8
AUSTIN, TEXAS 78731
(512) 451--8591
JOB NO.: 08-112
EXHIBITPage 1 of 6
Public Utility Easement
and Slope Easement
October 11, 2010
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 6B)
DESCRIPTION OF 0.6326 OF ONE ACRE (27,555 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.6326 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the east line of said Chisholm Trail Developers tract and the existing west
right-of-way (ROW) line of Chisholm Trail and the west line of that tract described as
1.273 of one acre for ROW in a deed to the City of Round Rock, of record in Document
Number 2003093096, Official Public Records, Williamson County, Texas, from which a
1/2" iron rod found at an angle point in the east line of said Chisholm Trail Developers
tract and the existing west ROW line of Chisholm Trail bears N15°00'27'W 249.48 feet;
THENCE, with the east line of this tract and said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 acre City of
Round Rock tract, the following two (2) courses, numbered 1 and 2;
1) S15°00'27"E 748.84 feet to a 1/2" iron rod set with a plastic cap; and
2) S14°44'18"E 631.81 feet to a 1/2" iron rod set with a plastic cap at the southeast
corner of this tract, same being in the approximate centerline of Onion Branch
Creek from which a 1/2" iron rod found at the southeast corner of said Chisholm
Trail Developers tract, same being in the north line of that tract described as 7.12
acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph
Peterson, of record in Volume 768, Page 589, Deed Records, Williamson County,
Texas, bears S14°44' 18"E 123.52 feet and from which a 5/8" iron pipe found at
the southeast corner of said 1.273 acre City of Round Rock tract and the northeast
corner of said Caldwell, Olson, Peterson tract bears N85°31'55"E 15.23 feet;
THENCE, with the south line of this tract and the approximate centerline of Onion
Branch Creek crossing said Chisholm Trail Developers tract, N88°31'09"W 20.83 feet to
a 1/2" iron rod set with a plastic cap at the southwest corner of this tract;
EXHIBIT
Page 2 of 6
Public Utility Easement
and Slope Easement
October 11, 2010
TI-IENCE, with the west line of this tract, continuing across said Chisholm Trail
Developers tract, the following two (2) courses, numbered 4 and 5;
3) N14°44'18"W 625.95 feet to a 1/2" iron rod set with a plastic cap; and
4) N15°00'27"W 748.79 feet to a 1/2" iron rod set with a plastic cap at the northwest
corner of this tract;
THENCE, with the north line of this tract, crossing said Chisholm Trail Developers tract,
N74°59'28'E 20.00 feet to the POINT OF BEGINNING and containing 0.6326 of one
acre (27,555 square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS §
COUNTY OF TRAVIS §
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
11th day of October, 2010 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591 -/ A
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTDV_ESMT6B)
Issued 3/5/09; Revised 4/8/09; 10/11/2010
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
°Ia •.
46
0.
0
P.O.B. ca n o
�No7�
o - zOq�D
_• ' c.
DAVID CURRY SURVEY
ABSTRACT NO. 130
PART 6B
0.6326 AC.
27,555 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
a
0
c0,
LINE TABLE
LINE
BEARING
LENGTH
L1
N85'31'55'E
1523
L2
N88'31'09'W
20.83
L3
N74.59`28'E
20.00
LEGEND
A 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
Q 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
4 •
•
J
MATCH PAGE
4 OF 6
M:\SOSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT9_REV2-B.DWG
0•.
•
• •
s
•
oa
X10
o
0 7P
• p• .w-4oto ri%cyA
•
RE: CITY OF ROUND ROCK
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2006078336
0.P.R.W.C.
(5.00 AC. SAVE AND
EXCEPT 0.175 AC.)
SURVEYED BY:
REVISED: 10/11/10
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 3 OF 6
MCGRAY 8c MCGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
MATCH PAGE
3 OF 6
SCALE 1" = 60'
PART 6B
0.6326 AC. �- �, a �•
27,555 SQ.Ff. Z r •
(J' '.
Nl ill '.
4. - .
/
'. / -
/ 0 .
NQ0�O
'.i O y o
• q .040.4.
------... /▪ X073 /
a'a� /
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(83.167 AC.)
DAVID CURRY SURVEY
ABSTRACT NO. 130
/
4
c0
/
/
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2006078336
O.P.R.W.C.
(5.00 AC. SAVE AND
RE: CITY OF ROUND ROCK
�•.. �tb / /
e *-c, / /
e
EXCEPT 0.175 AC.) >� �,, ,o`' O ` / /
Pi<T,,s40 „i / / %.... •O'
1.0 �6"�• G• /-// /. a7,:-cb1.
13, 66�"k•v O `/ // /C_d 4Ly1GGl
ik
y / /
//
/
/
/ /
/
ROAD R.O.W.
UTILITY AND DRAINAGE EASEMENT
EXHIBIT "A"
VOL. 1322. PG. 207
O.R.W.C.
CHISHOLM PARKWAY
(80' R.O.W.) VOL. 1322, PG. 207
O.R.W.C.
/ MATCH PAGE
60F6
LEGEND
• 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
Q 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT9_REV2-B.DWG
as
0 d.
goo
°flr'o� 0 .
01730 c.r 0 7>
O •
-' ooh
/
/
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
REVISED: 10/11/10
REVISED: 04/08/09
ISSUED: 035 09
SURVEYED BY:
PAGE 4 OF 6
,Li, McGRAY & MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
T (512) 451-8591
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
MATCH PAGE /.—..—..—..—�= O
/
/
0
O IRON PIPE FOUND (SIZE NOTED)
Q 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY'
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
/
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
PART 6B
0.6326 AC.
27,555 SQ.FT.
DAVID CURRY SURVEY
ABSTRACT NO. 130
LEGEND
1/2" IRON ROD FOUND
MATCH PAGE
6 OF 6
c) a.
n •
9t
•
p��
yo
cr. rti
1.
i•.
A� O
o
.Ort
.P y73 w -S
N L W
RE: CITY OF ROUND ROCK
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT9_REV2-B.DWG
SURVEYED BY:
REVISED: 10/11/10
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 5 OF 6
McGRAY & MoGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6326 AC. OR 27,555 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
..MATCH PAGE ..—..—.._..—..—.._..r..
5 OF 6
RE: CITY OF ROUND ROCK
DAVID CURRY SURVEY
ABSTRACT NO. 130
SCALE 1" = 60'
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
PART 6B
0.6326 AC.
27,555 SQ.FT.
APPROXIMATE
CENTERLINE OF
ONION BRANCH CREEK
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
Onion Branch ___
LINE TABLE
LINE
BEARING
LENGTH
Li
N85'31'55'E
15.23
L2
N88'31'09'W
20,83
L3
N74.59'28'E
20.00
BARBARA LOU CALDWELL,
NANCY ANN OLSON, AND
GARY RALPH PETERSON
VOL. 768, PG. 589
D.R.W.C.
(7.12 AC.)
L2
(S86'39'56"W 377.761
(N67'20'E 135.97 VRS.) = 377.69'
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF AN OWNERS P AND EASEMENT
REPORT.
N
o
rn1, O
•
w ���1ncQ(�
1'
5/8"
LEGEND
• 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
o 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY. TEXAS
O.R.W.C. OFFICIAL RECORDS
WILUAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WLUAMSON COUNTY, TEXAS
REVISED: 10/11/10
REVISED: 04 08/09
ISSUED: 03/05/09
PAGE 6 OF 6
0.P.R.W.C.
CHRIS CONRAD, REG. PROF. LAN SURVEYOR NO. 5623 DA
Note: This copy of this plot is not valid unless on original signoture
through an original seal oppeors on its face. There is a description to
accompany this plot.
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT9_REV2-B.DWG
McGRAY & MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT )
Page 1 of 6
Construction Easement
April 08, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 7)
DESCRIPTION OF 0.2138 OF ONE ACRE (9,315 SQUARE FEET) OF LAND OUT OF
THE DAVID CURRY SURVEY, ABSTRACT NO, 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.2138 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the east line of said Chisholm Trail Developers tract and the existing west
right-of-way (ROW) line of Chisholm Trail and the west line of that tract described as 1.273
of one acre for ROW in a deed to the City of Round Rock, of record in Document Number
2003093096, Official Public Records, Williamson County, Texas, from which a 1/2" iron
rod found at an angle point in the east line of said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail bears N00°24'58'W 890.72 feet;
THENCE, with the east line of this tract and said Chisholm Trail Developers tract and the
existing west ROW line of Chisholm Trail and the west line of said 1.273 acre City of
Round Rock tract, the following four (4) courses, numbered 1 and 4;
1) S00°24'58"E 350.24 feet to a 1/2" iron rod found;
2) S00°41'37"E 1,000.65 feet to a 1/2" iron rod found;
3) with a curve to the left whose intersection angle is 14°18'42", radius is 1,045.00 feet,
an arc distance of 261.03 feet, the chord of which bears S07°50'58"E 260,35 feet to
a 1/2" iron rod found; and
4) S15°00'27"E 249.48 feet to a 1/2" iron rod set with a plastic cap at the southeast
corner of this, tract from which a 1/2" iron rod found at the southeast corner of said
Chisholm Trail Developers tract, same being in the north line of that tract described
as 7.12 acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph
Peterson, of record in Volume 768, Page 589, Deed Records, Williamson County,
Texas bears S15°00'27"13 748.84 feet and S14°44'18"E 755.33 feet;
5) THENCE, with the south line of this tract crossing said Chisholm Trail Developers
tract, S74°59'28"W 5.00 feet to a 1/2" iron rod set with a plastic cap at the southwest
comer of this tract;
EXHIBIT
Page 2 of 6
Construction Easement
April 08, 2009
THENCE, with the west line of this tract, continuing across said Chisholm Trail Developers
tract, the following four (4) courses, numbered 6 and 9;
6) N15°00'27"W 249.49 feet, to a 1/2" iron rod set with a plastic cap;
7) with a curve to the right whose intersection angle is 14°18'43", radius is 1,050.00
feet, an arc distance of 262.28 feet, the chord of which bears N07°50'58"W 261.60
feet to a 1/2" iron rod found;
8) N00°41'37"W 1,000.66 feet, to a 1/2" iron rod set with a plastic cap; and
9) N00°24'58"W 350.25 feet to a 1/2" iron rod set with a plastic cap at the northwest
corner of this tract;
10) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers
tract, N74°59'28'10 5.00 feet to the POINT OF BEGINNING and containing 0.2138 of
one acre (9,315 square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 FIARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
COUNTY 01? TRAVIS
§
KNOW ALL MEN BY THESE PRESENTS:
That 1, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct to the best of my knowledge and belief and that the
property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
8ti' day of April, 2009 A,D,
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Mole: There is a plat to accompany this description. (GTDV I?SMT7)
Issued 3/05/09; Revised 4/8/09
SCALE
1"
100'
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.2138 AC. OR 9,315 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
8
DAVID CURRY g �>d�
SURVEY
€
ABSTRACT NO. 130 .r.;�
L1 i
P.0.8.
PART 7
0.2138 AC.
9,315 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
RE: CITY OF ROUND ROCK
'CHISHOLM TRAIL }IOTEL CENTRE - p4L / _ ---
CAB.
CAB. Q. 21,, 114 / `i • v i
16 L eye .
cI MOTET. JNC0 PONATEO.C/ 8�5arty
• 000. 2001028984� � 4%11 $656:43-
1"
6
1" I tor ..../ 17i93A / •
BIOCK, j �'
r
Q.I
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\\\4
I HOSRP TAUTD RYe,L.P. \ \` paN
DOC. 9830791 `1
O.R.W.C. \„1\
A
107 4 S,*\\-$
Y
BLOCK A
\\'
CHISHOLM TRAIL •\\\,
HOTEL CENTRE
AMENDING PLAT OF
LOT 2 14 3
GRIMM TRAIL HOTEL CENTRE
CAB. R, K. 16
P,R.IL.C.
I
22I
JI
i1
I;.
LOT 3
BLOCK A
W2007 EQUITY INNS REALTY. L.P.
DOC. 2007102875
O.P.R.W.C.
so /.
/ o y / •3.yZl
CAB, Q, SL 114
P.R.A.C. \t*I\ /•
_.03t
/t,►s/.65W9/
/ e/S61 /
/M1p�s• r+OL�
MATCH PAGE
4OF8
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_ESMTB_REVI.DWO
X58
CF10Q% /
DIANA HALL, ET AL.
000. 9917891
O.R.W.C,
(6.99 AC.)
LINE TABLE
LINE
BEARING
LENGTH
Ll
N89'35'02'E
5.00
L2
N74'59'20'E
5.00
LEGEND
0 1/2" IRON ROD FOUND
o 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY'
P.0.B, POINT OF BEGINNING
O.R.W.C. DEED RECORDS
YALUAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
YALUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
YALUAMSON COUNTY, TEXAS
REVISED: 04/08/09
SURVEYED BY: PAGE 3 OF 61,/, 03/05/09
MoORAY & MOORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.2138 AC. OR 9,31 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
--Nr
SCALE 1" = 100'
DAVID CURRY
SURVEY
ABSTRACT NO. 130
PART 7
0.2138 AC.
9,315 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
MATCH PAGE
30F6
i, NSDSKPROJ\CHISHOLM-RTO\DWG\PARCELS\CTOY ESMTS_REVI.DWO
DIAHA HALL. ET AL.
DOC. 9017891
O.R.W.C.
(6.99 AC.)
RE: CITY Of ROUND ROCK
�9 1 --
al,
y.£e
/—/ lN�D3gA
MATCH PAGE
5 OF 6
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.777 AC.)
LEGEND
0 1/2" IRON ROD FOUND
Q 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY'
P.0,8. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/08/09
ISSUED: 03/05/09
SURVEYED BY: PAGE 4 OF 6
\4/ MoGRAY & MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #8
AUSTIN, TEXAS 78731
(612) 451-8591
JOB 1,10.; 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.2138 AC. OR 9,315 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
SCALE 1" = 100'
DAVID CURRY
SURVEY
ABSTRACT NO. 180
0
PART 7
0.2138 AC.
9,315 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(83.167 AC.)
MATCH PAGE
4 OF 6
RE: CITY OF ROUND ROCK
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
02
281.03
262.28
1045.00
1050.00
14'18'42'
1418'4"
131.20
131.83
507'80'58'E
N0750'58 W
260.35
261.60
M:\SDSKPROJ\CH ISHOLM- RTC \OWG\PARCELS\CTDV_ESMTB_REV I .DWG
MATCH PAGE
6 OF 6 _ ..11.1=i•.."....."......_.._..-.._.. LEGEND
a 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
VALLIAMSON COUNTY, TEXAS
0.R.W.C. OFFICIAL RECORDS
YALLIAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/06/09
SURVEYED ISSUED: 03/05/09
PAGE 5 OF 6
0.P.R.W.C.
8Y:
MoORAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
408 NO.: 08-112
_N—
SCALE 1" = 100'
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.2138 AC. OR 9,315 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
DAVID CURRY SURVEY
ABSTRACT NO. 130
RE: CITY OF ROUND ROCK
MATCH PAGE .__
50F8
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.W.C.
(63.777 AC.)
PART 7
0.2138 AC.
9,315 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
O.P.R.WC.
(83.167 AC.)
LINE TABLE
LINE
BEARING
LENGTH
LI
N89'35'02'E
5.00
12
N74'59'20'E ,
5.00
BARBARA LOU CALDWELL,
NANCY ANN OLSON, AND
GARY RALPH PETERSON
VOL. 768, PG. 509
D.R.W.C.
(7,12 AC.)
--------
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE. NA483 (93 BARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01--002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02'W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2R THIS SURVEY WAS PERFORMED WITHOUT THE BENZ jTQF IN OWNERSHIP AND EASEMENT
/O•i?-„.:.s--\ y ,�. S T •(....;;:-.././/i,'9«.1'
q:
a ,
1111S(ONIAC
)2_.
U�. t S:i k .
t ' 04/0B/09
CHRIS CO RAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of thls plat is not valid unless on original signature
through an original seal appears on its face. There Is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CTDV ESMT8_REVI.DWG
tsT1 t� E A04
—kti7634 00
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2006078336
O.P.R.W.C.
(5.00 AC. SAVE AND
EXCEPT 0.175 AC.)
30' T. P. & L. EASEMENT
VOL. 239, PG. 66
AND
T. P. & L. AND
S.W.D.T. EASEMENT
VOL. 564, PG. 483
D.R.W.C.
AND
T. P. & L. EASEMENT
VOL. 233, PG. 446
D.R.VLC.
LEGEND
O 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.0,B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS.
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 6 OF 6
O.P.R.W.C.
SURVEYED BY:
MoGRAY & MoGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE 1/6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT E Page 1 of 7
Easement
August 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 5)
DESCRIPTION OF 0.6745 OF ONE ACRE (29,379 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777
ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF
RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS AND OUT OF THAT TRACT DESCRIBED AS
5.00 ACRES SAVE AND EXCEPT 0.175 OF ONE ACRE IN A DEED TO
CHISHOLM TRAII, DEVELOPERS VENTURE, LTD., OF RECORD IN DOCUMENT
NUMBER 2006078336, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,
TEXAS; SAID 0.6745 OF ONE ACRE OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northwest comer of this tract,
same being in the west line of said 63,77 acre Chisholm Trail Developers tract and the
existing east right-of-way (ROW) line of Chisholin Trail and the east line of that tract
described as 0.540 of one acre for ROW in a deed to the City of Round Rock, of record in
Document Number 2003093096, Official Public Records, Williamson County, Texas
from which a 1/2" iron pipe found at the southwest corner of that tract described in a
deed to Diana Hall, ct al., of record in Document Number 9917891, Official Records,
Williamson County, Texas, same being at an angle point in the east line of Chisholm
Trail bears N00°41'56"W 326.58 feet and S70°36'52"W 23.16 feet;
1) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers
tract, N89°18'29"E 15.00 feet to a 1/2" iron rod set with a plastic cap at the northeast
corner of this tract;
THENCE, with an east line of this tract, continuing across said 63.777 acre and said 5.00
acre Chisholm Trail Developers tracts, the following five (5) courses, numbered 2
through 6;
2) S00°41'56"E 350.75 feet to a 1/2" iron rod set with a plastic cap;
3) with a curve to the left whose central angle is 14°19'00", radius is 940.00 feet, an
arc distance of 234.88 feet, the chord of which bears S07°51'25"E 234.27 feet to a
1/2" iron rod set with a plastic cap,
EXHIBIT
Page 2 of 7
Easement
August 13, 2009
4) S14°59'33"E 203.19 feet to a 1/2" iron rod set with a plastic cap in the south line
of said 63.777 acre Chisholm Trail Developers tract and the north line of said 5,00
acre Chisholm Trail Developers tract;
5) S15°00'52"E 535.93 feet to a 1/2" iron rod set with a plastic cap; and
6) S59°58'31'E 41.80 feet to a 1/2" iron rod set with a plastic cap for an interior ell
corner of this tract;
THENCE, with a north line of this tract crossing said 63.777 acre tract, the following four
(4) courses, numbered 7 through 10;
7) with a curve to the left, whose central angle is 25°05'34", radius is 545.00 feet, an
arc distance of 238.68 feet, the chord of which bears N60°19'07"E 236.78 feet to
a 1/2" iron rod set with a plastic cap;
8) N48°20'01"E 69.48 feet to a 1/2" iron rod set with a plastic cap;
9) with a curve to the left, whose central angle is 12°03'59", radius is 945.00 feet, an
arc distance of 199.02 feet, the chord of which bears N41°37'40"E 198.65 feet to
a 1/2" iron rod set with a plastic cap; and
10) N35°51'32"E 34.18 feet to a 1/2" iron rod set with a plastic cap at the north corner
of this tract;
11) THENCE, with a northeast line of this tract, crossing said 63.777 acre tract,
S54°08'28"E 15.00 feet to a 1/2" iron rod set with a plastic cap at the east corner of
this tract, same being in the southeast line of said 63.777 acre tract and the existing
northwest ROW line of Chisholm Trail Parkway from which a 1/2" iron rod found in
the southeast line of said 63.777 acre Chisholm Trail Developers tract and the
northwest ROW line of Chishotrn Trail Parkway bears N35°51'32"E 18.45 feet;
THENCE, with a southeast line of this tract and said 63.777 acre Chisholm Trail
Developers tract and the existing northwest ROW line of Chisholm Trail Parkway, the
following four (4) courses, numbered 12 through 15;
12) S35°51'32"W 34.15 feet to a 1/2" iron rod set with a plastic cap;
BXHIBIT
Page 3 of 7
Easement
August 13, 2009
13) with a curve to the right, whose central angle is 12°04'12", radius is 960.00 feet,
an arc distance of 202.23 feet, the chord of which bears S41°37'53"W 201.86 feet
to a 1/2" iron rod set with a plastic cap;
14) S48°20'01"W 69.49 feet to a 1/2" iron rod set with a plastic cap; and
15) with a curve to the right, whose central angle is 27°11'15", radius is 560.00 feet,
an arc distance of 265.73 feet, the chord of which bears S61°22'24"W 263.24 feet
to a 1/2" iron rod set with a plastic cap at the southwest corner of this tract;
16) THENCE, with a southwest line of this tract, crossing said 63.777 acre Chisholm
Trail Developers tracts, N59°58'31"W 34.76 feet to a 1/2" iron rod set with a plastic
cap in the west line of said 5.00 acre Chisholm Trail Developers tract and the existing
east ROW line of Chisholm Trail and the east line of' that tract described as 0.175 of
one acre for ROW in a deed to the City of Round Rock, of record in Document
Nutnber 2001062136, Official Public Records, Williamson County, Texas;
17)THENCE, with the west line of this tract and said 5.00 acre Chisholm Trail
Developers tract and the existing east ROW line of Chisholm Trail and the east line of
said 0.175 of one acre City of Round Rock tract, N15°00'52"W 556.29 feet to a 1/2"
iron rod found at the northwest corner of said 5.00 acre Chisholm Trail Developers
tract and the northeast corner of said 0.175 of one acre City of Round Rock tract and a
southwest corner of said 63.777 acre Chisholm Trail Developers tract and the
southeast corner of said 0.540 of one acre City of Round Rock tract;
THENCE, continuing with the west line of this tract and said 63.777 acre Chisholm Trail
Developers tract and the existing east ROW line of Chisholm Trail and the east line of
said 0.540 of one acre City of Round Rock tract, the following three (3) courses,
numbered 10 through 12;
18) N14°59'33"W 203.19 feet to a 1/2" iron rod found;
19) with a curve to the right, whose central angle is 14°19'00", radius is 955.00 feet,
an arc distance of 238.63 feet, the chord of which bears N07°51'25"W 238.01
feet to a 1/2" iron rod found; and
EXHIBIT
Page 4 of 7
Easement
August 13, 2009
20) NO0°41'56"W 350,75 feet to the POINT OF BEGINNING and containing
0.6745 of one acre (29,379 square feet) within these metes and bounds, more or
less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the property described herein was determined by a survey made on the ground under niy
direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
13th day of August, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg, Professiona Lancl Surveyor No, 5623
Note: There is a plat to accompany this description. (CTDV_ESMT1)
Issued 3/5/2009; Revised 8/13/09
1/2"
S70'36'52"W)
23.18'
P,0.8.-•- .O
SKETCH TO ACCOMPANY DESCRIPTION
OF 0,6745 AC. OR 29,379 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
NO0'41'56"W
L1 326.58'
z
o g
o
8
DIANA HALL, ET AL
DOC, 9917891
0.R.W.C.
(6.99 AC.)
RE: CITY OF ROUND ROCK
SCALE 1" = 100' - -
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
234.88
940.00
1419'00"
118.06
S07'51'25"E
234.27
C2
238.68
545.00
25'05'34"
121.29
N60'19'07"E
236.78
C3
199.02
945.00
12'03'59"
99.88
N41'37`40"E
198.65
C4
202.23
960.00
12'04'12"
101.49
S41'37'53"W
201.86
C5
265.73
560.00
27'11'15"
135.41
S61'22'24"W
263.24
C6
238.63
955.00
14'19'00"
119.94
N0751'25"W
238.01
1'
LEGEND
O 1/2" IRON ROD FOUND
Q IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C, DEED RECORDS
WLUAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C, OFFICIAL PUBLIC RECORDS
WLLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
RECORD INFORMATION
(xxx) VOL. 1322, PG. 207
EXHIBIT "A"
PART 5
0.6745 AC.
29,379 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
<63,777 AC.>
LINE TABLE
LINE
BEARING
LENGTH
Ll
N89.18'29`E
15.00
12
S59.58'311E
41.80
L3
N48'20'01'E
69.48
14
N35.51'32'E
34.18
L5
S54.08'28`E
15.00
L6
N35'51'32'E
18.45
L7
S35'51'32'W
34.15
(L8)
(N37'05'41'E)
(52,23)
L9
S48'20'01'W
69.49
110
N59'58'31'W
34.76
111
S54.18'32'E
20.07
112
S77.13'32'4/
14,10
DAVID CURRY SURVEY
ABSTRACT NO, 130
_MATCH PAGE 8 OF 8.........._
M:\SDSKPROJ\CHISHOIJA-RTG\DWG\PARCELS\CTDV_ESMT1_REV2.DWG
SURVEYED BY:
REVISED: 08/13/09
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 5 OF 7
MoORAY & MoGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #8
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.6745 AC. OR 29,379 SQ. FT. OF' LAND
SCALE 1" = 100' OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
▪ .r•..... _ .. _... kIATCIi PAGE 4 OF 6 .. _•
...._............. .
9
40.
LA
RE: CITY OF ROUND ROCK
DAVID CURRY SURVEY
ABSTRACT NO. 130
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
(511107*V1 49 4,0
IN 3h 0
CHISHOLM TRAIL
DEVELOPERS
VENTURE. LTD.
DOC. 2003114923
O.P.R.W.C.
(83.167 AC.)
PART 5
0.6745 AC.
29,379 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2006078336
0.P.R.W.C.
(5.00 AC. SAVE AND
EXCEPT 0.175 AC.)
30' T. P. & 1.. EASEMENT
VOL. 239. PG. 66
AND
T. P. k L. AND
S.W.B.7. EASEMENT
VOL. 564, PG. 483
D.R.W.C.
AND
T. P. t< L. EASEMENT
VOL 233. PG. 446
N
tic;
N1✓
CHISHOLM PARKWAY ` / `s\I�
(80' R.O.W.)
VOL. 1322, PG. 207 ).' >r�
o.R.W.c.
CHISHOLM
PARK
l SECTION
` AMBNDED
CAE. H,
L. 215-216
I ,P,R.A.C.
'LOT1
\lite �r
Ll-
L3T
\
-„. MATCH PAGE 6 .OF 8. _.. ... _
LEGEND
C 1/2"IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
O 1/2' IRON ROD SET 'NTH
PLASTIC CAP "MCGRAY MCGRAY'
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUDUC RECORDS
WILUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
RECORD INFORMATION
(xxx) VOL. 1322, PG. 207
EXHIBIT 'A"
M:\SDSKPROJ\CHISHOLM-RTG\DWO\PARCELS\CTOV_ESWT1_REV2.OWG
SURVEYED BY:
l Qo vtc,•
o•
REVISED: 08/13/09
REVISED: 04/08/09
ISSUED: 038 09
PAGE 6 OF 7
MCGRAY 8c MOORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #8
AUSTIN, TEXAS 78731
(612) 461-8691
JOB NO.: 08-112
SCALE 1" = 100'
—_
SKETCH TO ACCOMPANY DESCRIPTION
Of 0+6745 AC. OR 29,379 SQ. FT. OF LAND
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
PART 5
0.6745 AC.
29,379 SQ.FT.
CHISHOLM TRAIL
DEVELOPERS VENTURE,
DOC. 200311.4923
O.P.R.W.C.
(83.167 AC.)
LTD.
DAVID CURRY SURVEY
ABSTRACT NO. 130 /
/ /
1.,/
/U,�•/
/ .c1-/
/ /.
/ /.
/
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD63 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10186747.30, E3128487.39, AND "RRO1-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10185784.07, £to3I26054.61. HAVING A GRID BEARING OF
NiS'04'02'W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENE9JOF AN OWNERSHIP AND EASEMENT
REPORT.>nr;
f%i�G U1 .
G9 c- w 'jt'' i.;d'
r yt j
g) t✓I OOC 2005078336 •/ p�•
p � I' �� (b 00 AC SAVE AND 'h°�t�/�� �y p•
� n � fl EXCEPT 0.175 AC.) �� /� '� hb. ,�
a � N � � EASEMENT. ...:SN, �(�. �a� do 0.
,—.-..s% r0 / W VOL. 23�J. \moi. "�G• S�'
RE: CITY OF ROUND ROCK
06:i PAGE B 'O6. . .'T. P. 7( L. nr10 �� // 9l
5 VI a T. EASCMLNT
S CHISHOLM TRAIL voL. 564. PG. 483 do /4, 4 /
DEVELOPERS VOL. 233. PG. 446./41., /
VENTURE, LTD. D.R.W.C. //o'l /
O.P.R.W.C. 61 ,,-/.1„.
k� / Gl
ovah �� %
• •
30' T. PAL Y0 / Q% b7 to")
/ /
/ /.
• ...gyp'73 •o
.V410
/:fo t� 0,5
•e' $ ' � /
/
/
/ Cl
0
tp`
pit' ,yo'I
/ • 01%\v
/
/ /,
/ )r
(1.
01 jr
•.oj.t ,tiON'r0V
�,:), ti,�tl ;f 08/13/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot Is not valid unless on original signature
through on original spot oppears on its face. There Is a description to
occompany this plat.
M:\SDSKPROJ\CHISHOU,I-RTG\DWG\PARCELS\OTOV_ES1 f 1_REV2.DWG
CHISHOLM TRAIL
DEVELOPERS VENTURE, LTD.
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.)
LEGEND
•
O i/2"IRON ROD FOUND
0 IRON PIPE FOUND (SITE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P,O.B. POINT OF BEGINNING
D.R.W.C. GEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R,W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
JiECORD INFORMATION
(xxx) VOL. 1322, PG. 207
EXHIBIT "A".
REVISED: 08/13/09
REVISED: 04/08/09
SURVEYED BY: ISSUED: 03/05/09
PAGE 7 OF 7
M0ORAY Sc MoORAY
LAND SURVEYORS, INC.
3301 HANCOCI< DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.; 08-112
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SPECIAL WARRANTY DEED
Chisholm Trail Roadway Project
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Chisholm Trail improvement project ("Project");
and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership,
hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of
Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell
and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and
being situated in the County of Williamson, State of Texas, being more particularly described as
follows:
All of that certain 15.0790 acre tract of land, more or less, out of the David Curry
Survey, Abstract No. 130, Williamson County, Texas, being more fully described by
metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein
(Parcel 19, part 5); and
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
00205645.DOC
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
ACKNOWLEDGMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
INGRESS AND EGRESS EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
1 S
§ KNOW ALL BY THESE PRESENTS:
That, Chisholm Trail Developers Venture, Ltd., a Texas limited partnership, and its
successors and assigns, ("GRANTOR"), for and in consideration of the payment of TEN and
NO/100 DOLLARS, ($10.00), and other good and valuable consideration, in hand paid to
GRANTOR by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the
County of Williamson, State of Texas, ("GRANTEE"), the receipt of which is hereby
acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT,
SELL, and CONVEY unto Grantee, its successors and assigns, the perpetual right of ingress and
egress over and across the following described property, to -wit:
See Exhibit "A" describing by metes and bounds a tract of land consisting of
0.0205 acre, more or less, out of the David Curry Survey, Abstract No. 130,
Williamson County, Texas (the "Easement") (parcel 16E Part 1); and
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property, to the extent, and only to the extent, that
the same may still be in force and effect, shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the Easement, rights and privileges herein granted shall be
perpetual, provided however, that said Easement, rights, and privileges shall cease and revert to
Grantor in the event the right of ingress and egress is abandoned, or shall cease to be used, for a
period of five (5) consecutive years.
The Easement, rights, and privileges granted herein are exclusive, and Grantor covenants
that it will not convey any other easement or conflicting rights within the area covered by this
casement grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use of the Easement to determine the effect, if any, on Grantee's rights contemplated
herein. Prior to granting its consent for other easements Grantee may require reasonable
safeguards to protect the integrity of its rights of ingress and egress.
Grantor further covenants and agrees and Grants:
0020565 !DOC
(a) the foregoing right of ingress and egress includes the right of Grantee to
disassemble, remove, take down, and clear away any fence, barricade, or other
structure which obstructs, prevents, or hinders Grantee's ingress and egress
across Grantor's property;
(c) the right of grading for, construction, maintaining and using such roads on and
across the property as Grantee niay deem necessary in the exercise of the right of
ingress and egress, including, but not limited to, the construction of access road
improvements as shown on the plan sheet attached hereto as Exhibit "B".
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement;
(b) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
Easement and rights and interests unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim same, or any part thereof by, through or under
Grantor, but not otherwise.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.,
a Texas limited partnership
By: Hi Jolly Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGEMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Boderunan, in the capacity and for the purposes and
consideration recited herein,
PREPARED IN THE OFFICE OF:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
3
Notary Public, State of Texas
PUBLIC UTILITY EASEMENT
Chisholm Trail Road
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
§ KNOW ALL BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS, LTD., a Texas limited partnership and its
successors and assigns, ("Grantor"), for and in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND
ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of
Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby
GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a
perpetual public utility easement and right-of-way in, upon, over, under, above and across the
following described property, to -wit:
See Exhibit "A" describing a 0.6326 acre tract of land, more or less, said tract
described in further detail by metes and bounds in Exhibit "A" (Parcel 19E, Part
6B)
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: electric
transmission and distribution lines, telecommunication and cable television lines, water lines,
natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and
related equipment, stormwater lines, drainage systems and structures, all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities,
drainage pipes and all other subsurface drainage structures, and any necessary accessories, or
operations.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the sante may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld: Grantee shall have the right to review any proposed easement or
conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
It is understood and agreed that any and all equipment and facilities placed upon said
property shall remain the property of Grantee.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests° unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2010.
[signature page follows]
2
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGEMENT
§
§
§
This instrument was acknowledged before me on this the day of the month of
, 2010, by David Bodenman, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
SLOPE EASEMENT
Chisholm Trail Road Reconstruction
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
1
EXHIBIT
§ KNOW ALL MEN BY THESE PRESENTS:
THAT CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns ("Grantor"), for and in consideration of the sum of
TEN and no/100th DOLLARS ($10.00) and other good and valuable consideration paid by
the CITY OF ROUND ROCK, TEXAS, ("Grantee"), receipt of which is hereby
acknowledged, does hereby Grant, Sell, Donate and Convey, unto Grantee a permanent
easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct,
enlarge, relocate, rebuild, repair, and remove materials for slope and lateral support of the
adjacent Chisholm Trail roadway facilities and related appurtenances to wit:
See Exhibit "A" attached hereto and incorporated herein for all purposes, being a strip
of land containing approximately 0.6326 acres of land, more or less, out of the David
Curry Survey, Abstract No. 130, Williamson County, Texas; said area described in
further detail by metes and bounds in Exhibit "A" (the "Easement") (Parcel 19E, part
6B).
This conveyance is made and accepted subject to any and all conditions and
restrictions, if any, relating to the hereinabove described property, to the extent, and only to
the extent, that the same may still be in force and effect, shown of record in the office of the
County Clerk of Williamson County, Texas.
The Easement, rights, and privileges granted herein are exclusive, and Grantor
covenants that it will not convey any future easement or conflicting rights within the area
covered by this grant, without the express written consent of Grantee, which consent shall not
be unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use of the Easement to determine the effect, if any, on the road system
contemplated herein. Prior to granting its consent for other easements Grantee may require
reasonable safeguards to protect the integrity of the adjacent road system improvements.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width thereof and to extend the
cuts and fills for such grading into and on the land along and outside the Easement to such
extent as Grantee may find reasonably necessary to match the grade of the adjacent property;
(b) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement.
00205644.DOC
Grantee hereby covenants and agrees:
(a) Grantee shall indemnify Grantor against any loss and damage which shall be
caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act
or omission of Grantee's agents or employees in the course of their employment,
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind himself, his heirs, successors
and assigns, and legal representatives, to warrant and forever defend, all and singular, the
above-described Easement and rights and interests unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Bodetmian, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
DRAINAGE EASEMENT
THE STATE OF TEXAS
EXHIBIT
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited
partnership, and its successors and assigns, hereinafter referred to as Grantor (whether one or
more), ("GRANTOR"), for and in consideration of the payment of TEN and NO/100 DOLLARS
($10.00) and other good and valuable consideration paid to GRANTOR by the CITY OF
ROUND ROCK TEXAS, TEXAS, a municipal corporation, (hereinafter referred to as
"Grantee"), the receipt of which consideration is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto
Grantee certain rights and interests in the nature of a perpetual drainage easement and right-of-
way in, upon, over, under, above and across the following described property, to -wit:
See Exhibit "A" describing a certain tract of land being 0.6745 acre out of
the David Curry Survey, Abstract No. 130, Williamson County, Texas
(Parcel 19E, part 5) ; and
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: lines,
connecting lines, access facilities and related equipment, drainage systems, channel and
structures, all necessary conduits, valves, vaults, manholes, ventilators, rip rap, rock and related
appurtenances, storm sewers and collection facilities, drainage pipes and all other surface and
subsurface drainage structures, and any necessary accessories, or operations; and for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance,
alteration, repair, rebuilding, removal and patrol of a drainage system, together with all necessary
equipment, improvements and appurtenances thereto.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the facilities or improvements are abandoned, or shall cease to be used, for a
period of five (5) consecutive years, or as otherwise specified herein.
00159777
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use of the easement to determine the effect, if any, on the facilities or uses
contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the facilities or structures or flows thereon.
Grantee certifies that any and all drainage facilities as described herein and constructed
by Grantee within the easement shall convey the 25 year storm water runoff from the existing
undeveloped upstream drainage basin of approximately thirty nine (39) acres. Grantee also
certifies that all drainage facilities, storm sewer lines, and/or culverts constructed downstream of
the easement as part of the Grantee's Chisholm Trail Reconstruction/Chisholm Parkway
Extension project are sized and constructed to convey the fully -developed, undetained 100 year
storm water runoff from the same thirty nine (39) acre upstream drainage basin from the
easement to Onion Creek with the assumptions of eighty (80) percent impervious coverage and a
time of concentration of five (5) minutes for the drainage basin.
If, at any time in the future Grantor, its successor and assigns shall cause to be
constructed on the ground and in place any drainage improvements on the adjoining property
which fiinction sufficiently to divert stormwater runoff away from the Property conveyed herein
to the extent that this drainage easement area is no longer needed to carry runoff for the purposes
acquired herein; then, upon review and approval of such condition by the City of Round Rock
Engineer or his designated agent Grantee shall abandon and release all interest in this Drainage
Easement back to Grantor, its successors or assigns by document recorded in the real property
records of Williamson County, provided however, that Grantee shall be allowed to retain or
otherwise be granted a continuing easement interest in the area immediately surrounding any
inlet or other drainage structures that have been installed on the Property in order to allow
continuing operation and maintenance of any such facilities, along with any ingress and egress
necessary to access such facilities if same is not available from an adjacent public right of way.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof and to extend the cuts
and fills for such grading into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary to match the grade of the
adjoining property;
(b) the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, if such exist; otherwise by such
route or routes as shall occasion the least practicable damage and inconvenience
to Grantor; provided that such right of ingress and egress shall not extend to any
portion of Grantor's property which is isolated from the easement by any public
2
highway or road now crossing or hereafter crossing the property; the foregoing
right of ingress and egress includes the right of the Grantee to disassemble,
remove, take down, and clear away any fence, barricade, or other structure which
obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's
property, and should Grantee deem it necessary to so disassemble, remove, take
down, or clear away any such fence, barricade, or other structure, Grantee shall,
as soon as is reasonably feasible, replace or restore Grantor's property to as
similar a condition as reasonably practicable as existed immediately prior to
Grantee's actions pursuant to this provision, unless said fence, barricade, or other
structure is inconsistent with the rights conveyed to Grantee herein;
(c) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the easement and to trim and to cut down and
clear away any trees on either side of the easement which now or hereafter in the
opinion of Grantee may be a hazard to any improvements, by reason of the danger
of falling thereon or root infiltration therein, or which may otherwise interfere
with the exercise of Grantee's rights hereunder, provided, however, that all trees
which Grantee is hereby authorized to cut and remove, if valuable for timber or
firewood, shall continue to be the property of Grantor, but all tops, lops, brush and
refuse wood shall be burned or removed by Grantee;
(e)
(f)
the right to mark the location of the easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the
easement;
the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the easement; and
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and damage which shall be
caused by the exercise of the rights of ingress and egress or by any wrongful or
negligent act or omission of Grantee's agents or employees in the course of their
employment.
3
It is understood and agreed that any and all equipment and facilities placed upon said
property shall at all times remain the property of Grantee unless otherwise agreed between the
parties in writing.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE LTD.
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
4
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before me on this the day of the month of
, 2010, by David C. Bodenman, in the capacity and for the purposes and
consideration therein expressed.
PREPARED IN THE OFFICE OF:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfiled, P.C.
309 E. Main Street
Round Rock, TX 78664
5
Notary Public, State of Texas
TEMPORARY CONSTRUCTION EASEMENT
Chisholm Road Improvements—Offsite Grading
EXHIBIT
N
KNOW ALL MEN BY THESE PRESENTS:
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., hereafter referred to as Grantor,
whether one or more, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration paid by the City of Round Rock, Texas, the receipt of which is hereby
acknowledged, does hereby grant to the City of Round Rock, Texas, its agents, contractors,
successors and assigns (referred to as "City"), a temporary construction easement for the purpose
of earthen or material placement, grading, shaping or other reconfiguration or modification of the
floodplain area in, along, upon and across the property located in the County of Williamson,
State of Texas ("Project"), more fully shown described in Exhibits "A" and "B" for any and all
purposes ("Property"). The placement of any material or other grading on the Property shall be
subject to, and shall comply with any notes, details, specifications or other requirements or
restrictions as shown on Exhibits "A" and "B". The fill material used for the purposes of this
easement shall comply with the following specifications:
Texas Department of Transportation "Standard Specifications for Construction and Maintenance
of Highways, Streets, and Bridges" 2004: Embankment (Final)(Density Control)(Type > B) with
rock no larger than three inches and void of vegetative material
The parties agree further as follows:
Following completion of work within the temporary construction easement area described in
Exhibits "A" and "B", if City has removed or damaged improvements, planted landscaping or
other improvements or vegetation within said easement area or otherwise on any other property
owned by Grantor that are outside the purposes and scope of the rights granted herein, City shall
at its expense and within sixty (60) days of completion of the work, restore the Property injured
by City's activities to substantially the same condition as existed previous to City's entry upon
the Property.
This temporary construction easement shall be in filll force and effect at all times during the
accomplishment and completion of the construction activities described above. For the work to
be done on the property Shown on Exhibit "A" this temporary construction easement shall
terminate and the easement rights shall revert to the Grantor, Grantor's successors, and assigns,
and all interest conveyed shall terminate upon the expiration of 90 days after the initial entry
upon the Property for the activities described herein, or on the 31s1 day of December, 2011,
whichever occurs first. For the work to be done on the property Shown on Exhibit "B" this
temporary construction easement shall terminate and the easement rights shall revert to the
Grantor, Grantor's successors, and assigns, and all interest conveyed shall terminate upon the
expiration of 120 days after the initial entry upon the Property for the activities described herein,
or on the 31m day of December, 2012, whichever occurs first.
O: wdox\SCCh%ts\9I 199\0019 REALESTATE\00206376.DOC
This conveyance is subject to all easements, rights of way, and prescriptive rights, whether of
record, visible or apparent on the ground, all restrictions, reservations, covenants, conditions, oil,
gas, or other mineral leases, mineral severances and other instruments that affect the Property.
IN WITNESS WHEREOF, the parties hereto have executed this instillment on this day
of , 2010.
GRANTOR:
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD,
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its: General Partner
By:
David C. Bodenman
President
2
THE STATE OF TEXAS
COUNTY OF
§
§
Acknowledgment
This instrument was acknowledged before me on the day of ,
2010, by David C. Bodenman in the capacity and for the purposes and consideration recited
herein.
(seal)
After recording return to:
Notary Public Signature
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, Texas 78664
3
TEMPORARY CONSTRUCTION EASEMENT
Chisholm Trail Road Widening Improvements
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT
1 0
That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership,
hereafter referred to as Grantor, whether one or more, in consideration of Ten Dollars ($10.00)
and other good and valuable consideration paid by the City of Round Rock, the receipt of which
is hereby acknowledged, does hereby grant to the City of Round Rock, its agents, contractors,
successors and assigns (referred to as "City"), a temporary construction easement in and to the
property described in Exhibit "A" attached hereto for the purpose of constructing roadway
improvements on the adjacent property owned by the City, and any associated clearing, tree,
plant or other improvement removal, storage, staging or other use to facilitate the adjacent road
widening and utility relocation improvement project, in, along, upon and across the Property as
necessary to carry out the purposes of this easement. The construction and/or removal of any
improvements within the adjacent right of way shall be subject to and shall comply substantially
with any notes, details, specifications or other requirements or restrictions as shown on Exhibit
Bes
The parties agree further as follows:
Following completion of work within the temporary construction easement area described
in Exhibit "A", City shall at its expense and within ninety (90) days of completion of the work
restore any Property injured by City's activities which are outside the scope, purposes, or
required use of the easement to substantially the same condition as existed previous to City's
entry upon the Property, taking into consideration the use and purposes to which the Property is
to be put.
This temporary construction easement shall be in full force and effect at all times during
the accomplishment and completion of the construction activities described above. This
temporary construction easement and all interest conveyed herein shall terminate eight months
after the first entry for beginning of the work upon the Property, or on the date of completion of
construction of the Project, or December 31, 2011, whichever occurs first.
This conveyance is subject to all easements and rights of way of record, visible or
apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other
mineral leases, mineral severances and other instruments that affect the Property.
IN WITNESS WHEREOF, the parties hereto have executed this instrnmient on this
day of , 2010.
GRANTOR:
Chisholm Trail Developers Venture, Ltd.,
a Texas limited partnership
By: HiJolly, Inc., a Texas corporation
Its General Partner
By:
David C. Bodenman
President
Acknowledgment
State of Texas §
§
County of §
This instrument was acknowledged before me on this the day of
, 2010 by David C. Bodenman, in the capacity and for the purposes and consideration
recited herein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, Texas 78664
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00197709.DOC