R-11-06-09-10E1 - 6/9/2011RESOLUTION NO. R -11-06-09-10E1
WHEREAS, the City desires to purchase certain property interests necessary for the Kenney
Fort Boulevard (aka Arterial A) Project, and said tracts are described as follows ("Property"): a 0.387
acre tract of land (Parcel 5) and a 1.677 acre tract of land (Parcel 6), and
WHEREAS, Susan Hickox Harris, John Bolt Harris and The Hickox Family Living Trust, the
owners of the Property, have agreed to sell said Property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Susan Hickox Harris, John Bolt Harris and The Hickox Family Living Trust, for the
purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 9th day of June, 2011.
ATTEST:
IA.Qtbh9-
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\ 1104\MUNICIPAU00223894.DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SUSAN
HICKOX HARRIS, JOHN BOLT HARRIS and THE HICKOX FAMILY LIVING TRUST
(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:
0.387 acres of land and 1.677 acres of land more or less and being further
described by metes and bounds in Exhibits "A" and "B" respectively, attached
hereto and incorporated herein.
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibits "A"
and "B, for the consideration and upon and subject to the terms, provisions, and conditions set
forth below. The exact acreage will be determined after the final survey, which shall be ordered
by Purchaser after execution of this Contract.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The purchase price ("Purchase Price") for the Property described herein shall be
the determined as follows:
(a) The Initial Purchase Price ("Initial Purchase Price") shall be in the amount
of SIXTY-NINE THOUSAND FOUR HUNDRED AND TWENTY-
SEVEN DOLLARS ($69,427.00).
00221599
Special Provisions
2.02. As a part of the consideration for this transaction, it is expressly agreed that THE
CONVEYANCE OF THE PROPERTY TO PURCHASER SHALL BE MADE ON AN "AS IS",
"WHERE IS" BASIS, "WITH ALL FAULTS." EXCEPT FOR THE SPECIAL WARRANTY
OF TITLE, SELLER MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT
TO THE PROPERTY, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY, CONDITION, HABITABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY. SELLER HEREBY DISCLAIMS ANY AND ALL
WARRANTIES WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT
LIMITATION, WARRANTIES AS TO QUALITY AND SUITABILITY FOR ANY PURPOSE,
PROVIDED THAT THIS DISCLAIMER SHALL NOT BE CONSTRUED AS A DISCLAIMER
OF ANY SPECIAL WARRANTY OF TITLE OF THE PROPERTY. These provisions will be
contained in the deed conveying the Property.
Payment of Purchase Price
2.02. The Initial Purchase Price shall be payable in cash at the Closing, at which time
title shall vest in Purchaser. The Purchase Price shall be determined as stated herein.
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.): Seller shall
have performed, observed, and complied in all material respects 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.
Conditions to Seller's Obligations
3.02. The obligations of Seller 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 Seller at or prior to the Closing.): Purchaser shall have performed,
observed, and complied in all material respects with all of the covenants, agreements, and
conditions required by this Contract to be performed, observed, and complied with by Purchaser
prior to or as of the Closing. In particular, Purchaser shall have (1) adopted a roadway impact fee
in an amount of $704 per service unit; (2) approved a construction contract for the construction of
Kenney Fort Boulevard, and (3) obtained a right-of-way dedicationtof two tracts connecting
2 otAA.o( afiet49140a .
dam) f
Kenney Fort Boulevard to the eastern boundary of the Harris Tract, as shown on Exhibit "C",
attached hereto (Purchasers Obligations).
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of
Seller's knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser, and Seller has either
terminated all leases or other contracts affecting the property, or shall do so prior to the Closing
Date as set out herein.
(2) Seller has not received written notice that Seller is not in compliance with all
applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or
any part thereof.
ARTICLE V
CLOSING
Closing Date
5.01. The closing ("Closing") shall be held at the office of Georgetown Title Company,
in Round Rock, Texas 78701 ("Title Company") on or before June 30, 2011 or at such earlier
time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as
the "Closing Date"). All of Purchaser's and Seller's Obligations as listed in Section 3.02 shall be
completed prior to or simultaneously with Closing
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged
Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property
described in Exhibits "A" and "B, free and clear of any and all liens and restrictions, except for
the following:
(a) General real estate taxes for the year of Closing and subsequent years not
yet due and payable;
3
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(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c)
Any exceptions approved by Purchaser in writing.
(2) Cause the Title Company to deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the
Purchase Price, insuring Purchaser's fee simple title and/or easement interests to the Property
subject only to those title exceptions listed in the Commitment such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained in the usual form
of Texas Owner's Title Policy, provided, however:
(3)
(a)
The boundary and survey exceptions shall be deleted at Purchaser's
expense;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable, except for the restrictions contained in the
subdivision plat for the Property as shown on the Commitment; and
(c) The exception as to the lien for taxes shall be Iimited to the year of Closing.
Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the Initial Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the Closing. The
apportionment of taxes shall be based upon the tax rate and assessed valuation for
2010. Roll -back taxes assessed against the Property, if any, shall be paid by
Purchaser.
Closing Costs
5.05. All costs and expenses of Closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser:
4
Title Company Fees paid equally;
Survey paid by Purchaser
Recording fees paid by Purchaser:
Attorney fees paid by each respectively
No real estate commission shall be paid.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms of this Contract,
Purchaser has delivered to Title Company, the sum of Six Hundred Dollars ($600.00), the Escrow
Deposit, which will be paid by the Title Company to Seller in the event Purchaser breaches this
Contract as provided in Article VIII of this Contract. At the closing, the Escrow Deposit will be
paid over to Seller and applied to the cash portion of the sales price, provided, however, that in the
event the Purchaser fails to acquire the Property, then the Escrow Deposit will be immediately
remitted to Seller.
ARTICLE VII
BREACH BY SELLER
If Seller fails to fully and timely perforin any of its obligations under this Contract or fails
to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may,
as its sole remedies: (1) enforce specific performance of this Contract; or (2) request that the
Escrow Deposit will be returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser fails to consummate the purchase of the Property, if Seller is not in
default under this Contract, Seller will have the right to receive the Escrow Deposit from the Title
Company, as liquidated damages for the failure of Purchaser to perform the duties imposed on it
by the terms of this Contract. Seller agrees to accept this cash payment as total damages and as
Seller's only remedy under this Contract in the event of Purchaser's default.
ARTICLE IX
MISCELLANEOUS
Notice
5
9.01. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
9.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
9.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
9.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
Memorandum of Contract
6
9.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the Round Rock
City Council, which date is indicated beneath the Mayor's signature below.
Counterparts
9.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile may be considered effective as
originals for purposes of this Contract.
Commission
9.12 Commission. Purchaser and Seller each warrant and represent to the other that no
agent or broker is entitled to a commission or fee as a result of this sale. Notice is provided to
Purchaser that John Bolt Harris and Susan Hickox Harris of Seller are licensed real estate brokers
in the State of Texas.
9.13 TITLE DISCLOSURE. IN ACCORDANCE WITH THE TERMS OF THE REAL
ESTATE LICENSE ACT OF TEXAS, YOU, AS PURCHASER, ARE ADVISED THAT YOU
SHOULD HAVE THE ABSTRACT COVERING THE PROPERTY EXAMINED BY AN
ATTORNEY OF YOUR CHOICE, OR BE FURNISHED WITH OR OBTAIN A POLICY OF
TITLE INSURANCE. PURCHASER ACKNOWLEDGES RECEIPT OF SUCH NOTICE BY
ITS EXECUTION OF THIS AGREEMENT.
(remainder of page intentionally left blank; signature page follows)
7
SELLER:
JOH . BOLT HA
7/tvi,
S SAN HIC
A --
THE HIC�,4% X FAMILY LIVING TRUST
etir
mir eyes H ox, Sr., rustee
PURCHASER:
CITY OF ROUND ROCK, TEXAS
Address: 509 West 18th Street
Austin, Texas 78701
By: Address: 221 East Main Street
Alan McGraw, Mayor Round Rock, Texas 78664
Date:
Escrow Receipt
Receipt of a fully executed copy of this Contract and Escrow funds in the amount of $
is acknowledged as received.
By:
Date:
Address:
Phone:
8
PARCEL6
FN4374R2A John Bolt Harris, et al
July 26, 2010 - to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acquisition—Arterlat A, Phaso 1
FIELD NOTE DESCRIPTION
DESCRIPTION OF A 0.387 ACRE TRACT OF LAND (18,876 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 207 IN WILLiAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 107.17 ACRE TRACT DESCRIBED iN A SPECIAL WARRANTY DEED FROM FEDERAL
DEPOSIT INSURANCE CORPORATION TO JOHN BOLT HARRIS, ET AL. OF RECORD IN VOLUME
2372, PAGE 112 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS, SAID 107.17 ACRE
TRACT ALSO DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED AS DOCUMENT# 2006053683
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; FROM GEORGE KEYES
HICKOX SR. AND VIRGINIA L. HICKOX TO THE HICKOX FAMILY LIVING TRUST DATED OCTOBER 22,
1997; SAID 0.307 ACRES OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the southeriy right-of-way line of the Union Pacific Railroad, for the
northeast corner of this Iran and said John Bolt Harris, et al tract, sold point being the northwest corner of
that certain 162.392 acre tract as described in a General Warranty Deed from Bison Building Materials, Ltd.
to Bison Tract 79, Ltd. of record In Document No. 2007049857 of the Official Public Records of Williamson
County, Texas, from which a IV Iron rod with plastic cap stamped "SAMINC` set In sold southerly rlght•of-
way line of the Union Pacific Railroad bears N83°38'41r"E, a distance of 23.38 feet;
THENCE with the common line of said John Bolt Harris, et al tract and said Bison Tract 79, Ltd. tract,
802'18'18"E passing at a distance of 0.67 feet a found W Iron rod and continuing for a total distance of
443.96 fent to calculated point for the southeast corner of this tract;
THENCE departing said common Bne, crossing through the Interior of sold John Bolt Harris, et at tract, the
following two (2) courses and distances;
1. N23°12'25'W for a distance of 126.13 feat toe calculated point;
2. NO2'18'18'W for a distance of 306.02 feet to a calculated point In the north line of said John Bolt
Harris, et al tract and in said southerly right-of-way line of the Union Pacific Railroad, for the
northwest corner of this tract, from which point a Yi Iron rod found at an angle point In said north line
and being the northeast corner of That certain 6.000 acre tract described In a Special Warranty Peed
from Federal Deposit Insurance Corporation to the Missouri Pacific Railroad Company of record In
Volume 2135, Page 694 of the Official Records of Williamson County, Texas and being in the
southerly right-of-way tine of the Union Pacific Railroad bears, S63'36'48'W, a distance of 777.87
feet;
Page 1 of 4
PARCEL 5
FN4374R2A John Boit Harris, et al
July 26, 2010 to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acquisition — Arterial A, Phase I
THENCE with the northwesterly line of this tract, with the common line of said John Bolt Harris, et al tract
and said southerly right-of-way line of the Union Pacific Railroad, NO3°38'40'E, a distance of 49.29 feet 10
the POINT OF BEGINNING containing 0,387 acres (10,875 square feet) of land, more or less.
BEARING BASIS: Alt bearings are based on a previous survey performed by SAM, Inc. In 2003. Ail
distances end coordinates are surface values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That 1, Guy W. Grlsdale, a Registered Professional Lend 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 28`" day of July2010, A.O.
SURVEYING AND MAPPING, Inc.
4801 Southwest Parkway
Parkway TWo, Suite 100
Austin, Texas 78735
Page 2 of 4
Guy . Gr • - le
Regi. : red P fessional and Surveyor
No. 6 '2 -State of Texa
10 ,50 0 300
GRAPHIC SCALE
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PARCEL 5
PROPOSED ROW
ACQUISITION
PARCEL
0.387 ACRES
(18,875)
(SQ. PT,)
Ott°11-
x
4000° I
0,09 41.1
90' C4y,� •
5tto
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20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PG. 529 D.R.WC.TX
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S6837'27"W 3.76'
(S69'49'32"W)
(3.80')
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SMR%' Y PERFORMED 9Y SAM INC. 03. DIE COORDINATES AND
ELEVATIONS HELD WERE SUPPLIED IN 20
LIED BY OTHERS. ALL COORDINATES
AND DISTANCES ARE SURFACE VALUES USWO A COMBINED SCALE
FACTOR OF 1.000094953
r
II
20' WIDE ACCESS EASEMENT
DESCRIBED IN VOL. 941,
PG. 346 D.RW.C.TX
N 9 07'0r E..1$.81'
(N88'51 25"W)
(20.72')
t(' 299.89')Y)
(N88'36'00"E)
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RIGHT—OF—WAY PARCEL
ARTERIAL A — PHASE I
FIELD NOTE 4374R2A
PAGE 3 OF 4 /
GENERAL WARRANTY DEED WM VENDORS LIEN
OFROM PAUL T. NICKS AND SPOUSE, MOIELLE NICKS
TO THOMAS P. ELROD AND SPOUSE, CHRISM ELROD
CALLED 4.42 ACRES VOL. 1813, PACE 540
O.R.W.C.TX
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
O TxDOT TYPE f1 ROW MONUMENT FOUND
40D NAIL FOUND
C 1/2" IRON ROD WITH SAMINC' CAP SET
▪ CALCULATED POINT
'11--x- WIRE FENCE
P.0,13. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
() RECORD INFORMATION
0 P.R.W.C.TX OFFICIAL PUBLIC RECORDS OF
WILUAMSON COUNTY, TEXAS
O.R.W.C.TX OFFICIAL RECORDS OF
WILLIAMSON COUNTY. TEXAS
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
UNE TABLE
LINE NO.
BEARING
DISTANCE
LI
S0218'18'E
444,96'
L2
N231 2.25'W
126.13'
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006.02'
14
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ARTERIAL A — PHASE I
FIELD NOTE 4374R2A
PAGE 4 OF 4
PARCEL 6
FN4374R28 - John Boll Harris, et al
July 26, 2010 to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acquisition -- Arterial A, Phase 1
FIELD NOTE DESCRIPTION
DESCRIPTION OFA 1.677 ACRE TRACT OF LAND (73,068 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WiLLIAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 107.17 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED FROM FEDERAL.
DEPOSIT INSURANCE CORPORATION TO JOHN BOLT HARRIS, ET AL. OF RECORD IN VOLUME
2372, PAGE 112 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAiD 107.17 ACRE
TRACT ALSO DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED AS DOCUMENTI/ 2008053883
OF THE OFFICIAL PUBLIC RECORDS OF WiLLIAMSON COUNTY, TEXAS; FROM GEORGE KEYES
HiCKOX SR. AND VIRGINIA L. HICKOX TO THE HICKOX FAMILY LIVING TRUST DATED OCTOBER 22,
1997; SAID 1.677 ACRES OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the southerly right-of-way line of the Union Paclffc Rellroad, for the
northeast corner of this tract, from which a 1/2" iron rod found In the common line between said John Boit
Harris, et al tract and that certain 152.392 acre tract as described in a General Warranty Deed from Bison
Building Materials, Ltd. to Bison Tract 79, Ltd. of record In Document No. 2007049657 of the Official Public
Records of Wlfiemson County, Texas, bears N83'36'48'E, a distance of 49.29 foot to a calculated point and
S02'18'18"E, a distance of 0.67 feet;
THENCE departing said southerly right-of-way line of the Union Pacific Railroad Tina end crossing through
the Interior of said John Bolt Harris, et al tract, the following Iwo (2) courses and distances;
1. 302°18'18"E for a distance of 306.02 feet to n calculated point;
2. 323°12'26'E for a distance of 126.13 feet to a calculated point In the common line of said John Bolt
Harris, et al tract end said Bison Tract 79, Ltd. Tract;
THENCE with said common line S02'18'18"E, a distance of 218.73 feet to a calculated point In said common
line;
THENCE departing said common line, crossing through lite interior of sold John Bolt Harris. et 81 tract, the
following two (2) courses end distances;
1. N28.43'51"W for a distance of 380.91 feet to a 1/2 inch Iron rod with yellow plastic cap stamped
*SAM INC." set;
2. N30°1 2•33'W for a distance of 224.92 feel to a 1/2 inch IrOn rod with yellow plastic cap stamped
°SAM INC." sol in saki southerly right•of--way line of the Linton Pacific Railroad, for the northwest
corner of this tract; from which point a Si" iron rod found at an angle point In said north lirie and being
the northeast corner of that certain 8.000 acre tract described In a Special Warranty Deed from
Federal Deposit Insurance Corporation to the Missouri Pacific Railroad Company of record In
Volume 2135. Page 694 of the Official Records of Williamson County, Texas end being in the
southerly right-of-way line of the Union Pacific Railroad bears, S63°36'48V, a distance 01 628.18
feet;
Page 1 014
PARCEL 6
FN4374R2B John Bolt Harris, et el
July 28, 2010 to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acquisition — Arterial A, Phase I
THENCE with the northwesterly line of this tract, with the common Ane of said John Bolt Harris, et al Tract
and said southerly right-of-way line of the Union Pacific Railroad, N83'36`48°E, a distance of 261.69 feet to
the POINT OF BEGINNING containing 1.677 acres (73,088 square feet) of land, more or less.
BEARING BASIS: Allbearings are based on a previous survey performed by SAM, Inc. in 2003. Alt
distances and coordinates are surface values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
KNOW ALL MEN BY THESE PRESENTS:
That I, Guy W. Grtsdate, a Registered Professional Land Surveyor, do hereby certify that the above
description Is true and correct to the bast of my knowledge and betief and that the properly described herein
was determined by a survey made on the ground under my direction end supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 26th day of July 2010, A.D.
SURVEYING AND MAPPING, Inc.
4801 Southwest Parkway
Parkway TWo, Suite 100
Austin, Texas 78735
Page 2of4
O W, Gri dale
rofesstona and Surveyor
tate of Tex -s
7/a.'
300
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/ti
1013 kw -
SEE
DETAIL
A"
0
P.O.R.
SO2' 10'18'E
0.67'
s
oto$
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gegges 0, 9°
PARCEL 6
PROPOSED ROW
ACQUISIITON
PARCEL
1.677 ACRES
(7,/068
SQ. FF.)
DETAIL "A"
N.T.S.
ososs211'
dl
40_1%00.1 r)4119 001 OC'
20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PO. 529 D.R.W,C.TX
S6837'27"W 3.76'
(S89'49'3210I)
(3.80')
NOTE:
THE BEARING BASIS IS FROM A PRENOUS DESIGN AND 6OUE ANDARY
sumer MED o %ERE SSUPPO ED IN 2001
OTHERS�AR COORDINATES
AND DISTANCES ARE SURFACE VALUES USW A COMBINED SCALE
FACTOR OF 1.000084951
P.A. HOLDER SURVEY
ABST. NO. 297
20' WIDE ACCESS E1SEMENr
DESCRIBED IN .VOL. 941,
PC. 346 D.R.WC.TX
Her Q7'02 E 10.81'
(N68'51'25"W)
(20.72')
1 lit
(N(209 895) 1)
(1488'36'00"E)
(319.8I3')
N89107'02"E
290.95'
11O
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A MAI( I
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SKETCH TO ACCOMPANY
RIGHT--OF-WAY PARCEL
ARTERIAL A - PHASE 1
FIELD NOTE 4374R20
PAGE 3 OF 4 1
.101
GENERAL WARRANTY DEED WITH VENDORS LIEN
A FROM PAUL T. NICKS AND SPOUSE, MOZELLE NICKS
TO 7H014AS P. ELROD AND SPOUSE, CHRISTEL ELROD
CALLED 4.42 ACRES VOL. 1813, PAGE 540
D.R.IWC.TX
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
O TxDOT TYPE II ROW MONUMENT FOUND
4. 400 NAIL FOUND
OO 1/2" IRON ROD IWTN SAMINC" CAP SET
• CALCULATED POINT
—X- WIRE FENCE
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
() RECORD INFORMATION
O.P.R.W.C.TX OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY. TEXAS
O.R.W.C.TX OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION MD THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
GUY W. GRI .'ALE
RED .TERED PROFESSION L LAND SURVEYOR
H0. 202 - STATE OF XAS
•
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DATE
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REVISED 7/26/2010
SKETCH TO ACCOMPANY
RIGHT--OF--WAY PARCEL
ARTERIAL A - PHASE
FIELD NOTE 4374R28
PAGE 4 Of 4 f
EXHIBIT "C"
PARCEL 3
FN4375CR4
July 23, 2010
SAM, Inc. Job No. 28101
Bison Tract 79, Ltd.
to
The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase I
FIELD NOTE DESCRIPTION
DESCRIPTION OF A 0.158 ACRE TRACT OF LAND (6,890 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 152.392 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED FROM BISON
BUILDING MATERIALS, LTD. TO BISON TRACT 79, LTD., OF RECORD IN DOCUMENT NO. 2007049657
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.158 ACRES OF
LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a calculated point in the southerly right-of-way line of the Union Pacific Railroad, said
point being the most northeasterly comer of that certain 107.17 acre tract as described in a Special Warranty
Deed from Federal Deposit Insurance Corporation to John Bolt Harris, et al. of record in Volume 2372, Page
112 of the Official Records of Williamson County, Texas, said 107.17 acre tract also described in a Special
Warranty Deed recorded as document No. 2006053683 of the Official Public Records of Williamson County,
Texas; from George Keyes Hickox Sr. and Virginia L. Hickox to the Hickox Family Living Trust Dated
October 22, 1997; said calculated point also being the northwest comer of the said 152.392 acre Bison Tract
79, Ltd. tract;
THENCE departing said southerly right-of-way line of the Union Pacific Railroad, with the common line
between said 152.392 acre Bison Tract 79, Ltd. tract and said 107.17 acre John Bolt Harris, et al. tract;
S02°18'18"E at a distance of 0.67 feet passing a 1/2" iron rod found and continuing for a total distance of
771.21 feet to a calculated point for the POINT OF BEGINNING;
THENCE departing said common line and crossing through the interior of said Bison Tract 79, Ltd. tract, the
following fourteen (5) courses and distances:
1) N63°37'23"E a distance of 8.30 feet to a 1/2' iron rod with plastic cap stamped "SAMINC" set;
2) N17°26'46"E a distance of 55.44 feet to a'/4" iron rod with plastic cap stamped "SAMINC" set;
3) S27°46'43"E a distance of 160.05 feet to a %z" iron rod with plastic cap stamped "SAMINC" set;
4) N71 °22'37"W a distance of 56.57 feet to a %i iron rod with plastic cap stamped "SAMINC" set;
5) S63°37'23"W a distance of 46.35 feet to a 1/2' iron rod with plastic cap stamped "SAMINC" set in the
common line of said John Bolt Harris, et al. tract and said Bison Tract 79, Ltd. tract;
THENCE with said common line, NO2°18'18"W a distance of 87.62 feet to the POINT OF BEGINNING and
containing 0.158 acres (6,890 square feet) of land, more or less.
Page 1 of 4
PARCEL 3
FN4375CR4
July 23, 2010
SAM, Inc. Job No. 28101
Bison Tract 79, Ltd.
to
The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase
BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. in 2003. All
distances and coordinates are surface values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Guy W. Grisdale, 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 23r1 day of July, A.D.
SURVEYING AND MAPPING, Inc.
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
opy
GUY WILLIAM GRISDALE
'1.70 6202 v:
.'0 4,4
Su
Page 2 of 4
•
Gu, . G . ale
Reg stered Professionaltand Surveyor
No. 6202 - State of Texas
7/1-,A0
3002 150300
0
mmilimmol
GRAPHIC SCALE
Qg)
41.11%,,,:s6s) fb.i00
� ,,r0 i SEE DETAIL "A"
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6°� •-•561
44 32
4 of
4',N7
Q ,N
A
€4/4.ed,
a A
4�
.0 a
PARCEL 3
PROPOSED ROW
ACQUISITION
PARCEL
0.158 ACRE
(6,890)
(SQ. FT.)
SEE DETAIL "B"
20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PG. 529 D.R.W.C.TX
11
1
NOTE:
THE BEARING BASIS IS FROM A PREVIOUS DESIGN AND BOUNDARY
SURVEY PERFORMED BY SAM. INC. IN 2003. THE COORDINATES AND
ELEVATIONS HELD WERE SUPPUED BY OTHERS. ALL COORDINATES
AND DISTANCES ARE SURFACE VALUES USING A COMBINED SCALE
FACTOR OF 1.000084953
ASL A PAM
PO
saws r.mr
DETAIL "A"
N.T.S.
GENERAL WARRANTY DEED
BISON BUILDING MATERIALS, LTD
TO BISON TRACT 79, LTD
152.392 ACRES
DOC# 2007049657 0.P.R.W.C.TX
P.A. HOLDER SURVEY
ABST. NO. 297
20' WIDE ACCESS EASEMENT
DESCRIBED IN VOL. 941, PG.346
\
D.R.W.C.TX
\ \\ \
\\ \ \\
4501 SOUTHWEST PARKWAY
PARKWAY TWO. SUITE 100
AUSTIN, TX 75735
(512) 447-0575
PAX: (512) 326-3029
EMAIL: SAMSSAMINCAUS.COM
DETAIL "B"
N.T.S.
SKETCH TO ACCOMPANY
RIGHT—OF—WAY PARCEL
ARTERIAL A — PHASE 1
FIELD NOTE 4375R4C
PAGE 3OF4
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
O Tx0OT TYPE II ROW MONUMENT FOUND
40D NAIL FOUND
O 1/2" IRON ROD WITH "SAMINC" CAP SET
O CALCULATED POINT
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
O.P.R.W.C.TX OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.R.W.C.TX OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
LINE TABLE
UNE NO.
BEARING
DISTANCE
L1
S0218'18"E
771.21'
L2
N63'37'23"E
8.30'
L3
N17'26'46"E
55.44'
L4
S27'46'43"E
160.05'
L5
N71 22137"W
56.57'
L6
S63'37'23"W
46.35'
L7
NO218'18"W
87.62'
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
GU W ALE
R -
PROFESSION LAND SURVEYOR
NO. 6202 - STATE OF S
AMES&.A RIM 1
ptio
1}f►
. IMAM r P 302
SA41101
• DATE
4501 SOUTHWEST PARKWAY
PARKWAY TWO. SUITE 100
AUSTIN. TX 75733
(512) 447-0575
PAX: (512) 326-3020
EMAIL: SAM•SAMINCAUS.COM
4..'a
GUY WILLIAM ( SDALE
y
� .1/4.4 6202 S 4.
t1381mkt*
-+o $..U....
'
SKETCH TO ACCOMPANY
RIGHT-OF-WAY PARCEL.
ARTERIAL A - PHASE I
FIELD NOTE 4375R4C
PAGE 4 OF 4 ,1
PARCEL 4
FN4375DR4
July 23, 2010
SAM, Inc. Job No. 28101
Bison Tract 79, Ltd.
to
The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase I
FIELD NOTE DESCRIPTION
DESCRIPTION OF A 0.864 ACRE TRACT OF LAND (37,635 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 152.392 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED FROM BISON
BUILDING MATERIALS, LTD. TO BISON TRACT 79, LTD., OF RECORD IN DOCUMENT NO. 2007049657
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.864 ACRES OF
LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a calculated point in the southerly right-of-way line of the Union Pacific Railroad, said
point being the most northeasterly comer of that certain 107.17 acre tract as described in a Special Warranty
Deed from Federal Deposit Insurance Corporation to John Bolt Hams, et al. of record in Volume 2372, Page
112 of the Official Records of Williamson County, Texas, said 107.17 acre tract also described in a Special
Warranty Deed recorded as document No. 2006053683 of the Official Public Records of Williamson County,
Texas; from George Keyes Hickox Sr. and Virginia L. Hickox to the Hickox Family Living Trust Dated
October 22, 1997; said calculated point also being the northwest corner of the said 152.392 acre Bison Tract
79, Ltd. tract;
THENCE departing said southerly right-of-way line of the Union Pacific Railroad, and with the common line
between said 152.392 acre Bison Tract 79, Ltd. tract and said 107.17 acre John Bolt Harris et al. tract;
S02°18'18"E at a distance of 0.67 feet passing a 1/2" iron rod found and continuing for a total distance of
1707.66 feet to a 1/2 inch iron rod with yellow plastic cap stamped "SAM INC." for the POINT OF
BEGINNING;
THENCE departing said common line and crossing through the interior of said Bison Tract 79, Ltd. tract, the
following five (5) courses and distances:
1) N63°37'23"E a distance of 392.57 feet to a %Z" iron rod with plastic cap stamped "SAMINC" set;
2) N18°37'23"E a distance of 56.57 feet to a W iron rod with plastic cap stamped "SAMINC" set;
3) S26°22'37"E a distance of 160.00 feet to a iron rod with plastic cap stamped "SAMINC" set;
4) N71°22'37"W a distance of 56.57 feet to a Y2" iron rod with plastic cap stamped "SAMINC" set;
5) S63°37'23"W a distance of 428.31 feet to a %Y" iron rod with plastic cap stamped "SAMINC" set in
the common line of said John Bolt Harris, et al. tract and said Bison Tract 79, Ltd. tract;
THENCE with said common line, NO2°18'18"W a distance of 87.62 feet to the POINT OF BEGINNING and
containing 0.864 acres (37,635 square feet) of land, more or less.
Page 1 of 4
PARCEL 4
FN4375DR4
July 23, 2010
SAM, Inc. Job No. 28101
Bison Tract 79, Ltd.
to
The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase I
BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. in 2003. All
distances and coordinates are surface values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Guy W. Grisdale, 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 23`i day of July, A.D.
SURVEYING AND MAPPING, Inc. •
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
Page 2 of 4
s
Guy
Regi ion4,Land Surveyor
No. 6202 - State of Texas
Z.
Gr ale
�tered ofess
td%
300 150 0 300
GRAPHIC SCALE
' o•
(.1•11.41'1 f4174 0:41*
4 01'4
SEE DETAIL "A"
6'
20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PG. 529 D. R. W. C. TX
NOTE:
THE BEARING BASIS IS FROM A PREVIOUS DESIGN AND BOUNDARY
SURVEY PERFORMED BY SAM, INC. IN 200.1 THE COORDINATES AND
ELEVATIONS HELD WERE SUPPLIED BY OTHERS. ALL COORDINATES
AND DISTANCES ARE SURFACE VALUES USING A COMBINED SCALE
FACTOR OF 1.000084953.
\\
0
1
5
J
0
at
11\\
I \ \
\ \ P.A. HOLDER SURVEY
\ \ ABST. NO. 297
"14:\ \\ \
\ \ \
\ \.
DETAIL "A"
N.T.S.
GENERAL WARRANTY DEED
BISON BUILDING MATERIALS, LTD
TO BISON TRACT 79, LTD
152.392 ACRES
DOC# 2007049657 0.P.R.W.C.TX
20' WIDE ACCESS EASEMENT
DESCRIBED IN VOL. 941, PG.346
\ \ \ .O D.R.W.C.TX
%°�\ X \‘.
\ \ \
PARCEL 4
PROPOSED ROW
ACQUISITION
PARCEL
0.864 ACRE
(37, 635)
(SQ. FT.)
P.O.B.
r_
4501 SOUTHWEST PARKWAY
PARKWAY TWO. SUITE 100
AUSTIN. TX 75735
(512) 447-0575
PAX: (515) 526-3029
EMAIL: SAMOSAMINCAUS.COM
SKETCH TO ACCOMPANY
RIGHT-OF-WAY PARCEL
ARTERIAL A - PHASE 1
FIELD NOTE 4375R4D
PAGE 3 OF 4
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
▪ TxDOT TYPE II ROW MONUMENT FOUND
400 NAIL FOUND
• 1/2" IRON ROD WITH "SAMINC" CAP SET
O CALCULATED POINT
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
O.P.R.W.C.TX OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.R.W.C.TX OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
LINE TABLE
UNE NO.
BEARING
DISTANCE
L1
N63'37'23"E
392.57'
L2
N18'37'23"E
56.57'
L3
52622'37"E
160.00'
L4
N71'22'37"W
56.57'
L5
S63'37'23"W
428.31'
L6
NO2'18'18"W
87.62'
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF.
•
REGISTE ' EF! ' "• • SSIONALAND SURVEYOR DATE
N0. 6 e' ' — STATE OF a 5
FA PRASE t
flo
4101 SOUTHWEST PARKWAY
PARKWAY TWO. SUITE 100
AUSTIN. T% 71735
(512)44T-0575
FAx (512) 326-3029
EHAIL• SAHRSAMINCAUS.COM
SKETCH TO ACCOMPANY
RIGHT—OF—WAY PARCEL
ARTERIAL A — PHASE 1
FIELD NOTE 4375R4D
PAGE 4 OF 4
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Council Agenda Summar Sheet
Agenda Item No. 10E1.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Susan
Hickox Harris, John Bolt Harris, and The Hickox Family Living Trust for the Kenney Fort
Boulevard (aka Arterial A) Project.
Meeting Date: June 9, 2011
Department: Legal
Staff Person making presentation: Steve Sheets
City Attorney
Item Summary:
This is a Real Estate Contract with Susan Hickox Harris, John Bolt Harris and The Hickox Family Living Trust for the
Kenney Fort Boulevard (aka Arterial A) Project.
Strategic Plan Relevance:
Cost: $69,427.00
Source of Funds: Round Rock Transportation Development Corporation
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SUSAN
HICKOX HARRIS, JOHN BOLT HARRIS and THE HICKOX FAMILY LIVING TRUST
(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:
0.387 acres of land and 1.677 acres of land more or less and being further
described by metes and bounds in Exhibits "A" and "B" respectively, attached
hereto and incorporated herein.
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibits "A"
and "B, for the consideration and upon and subject to the terms, provisions, and conditions set
forth below. The exact acreage will be determined after the final survey, which shall be ordered
by Purchaser after execution of this Contract.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The purchase price ("Purchase Price") for the Property described herein shall be
the determined as follows:
(a) The Initial Purchase Price ("Initial Purchase Price") shall be in the amount
of SIXTY-NINE THOUSAND FOUR HUNDRED AND TWENTY-
SEVEN DOLLARS ($69,427.00).
0022)599
Special Provisions
2.02. As a part of the consideration for this transaction, it is expressly agreed that THE
CONVEYANCE OF THE PROPERTY TO PURCHASER SHALL BE MADE ON AN "AS IS",
"WHERE IS" BASIS, "WITH ALL FAULTS." EXCEPT FOR THE SPECIAL WARRANTY
OF TITLE, SELLER MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT
TO THE PROPERTY, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY, CONDITION, HABITABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY. SELLER HEREBY DISCLAIMS ANY AND ALL
WARRANTIES WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT
LIMITATION, WARRANTIES AS TO QUALITY AND SUITABILITY FOR ANY PURPOSE,
PROVIDED THAT THIS DISCLAIMER SHALL NOT BE CONSTRUED AS A DISCLAIMER
OF ANY SPECIAL WARRANTY OF TITLE OF THE PROPERTY. These provisions will be
contained in the deed conveying the Property.
Payment of Purchase Price
2.02. The Initial Purchase Price shall be payable in cash at the Closing, at which time
title shall vest in Purchaser. The Purchase Price shall be determined as stated herein.
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.): Seller shall
have performed, observed, and complied in all material respects 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.
Conditions to Seller's Obligations
3.02. The obligations of Seller 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 Seller at or prior to the Closing.): Purchaser shall have performed,
observed, and complied in all material respects with all of the covenants, agreements, and
conditions required by this Contract to be performed, observed, and complied with by Purchaser
prior to or as of the Closing. In particular, Purchaser shall have (1) adopted a roadway impact fee
in an amount of $704 per service unit; (2) approved a construction contract for the construction of
Kenney Fort Boulevard, and (3) obtained a right-of-way dedicationtof two tracts connecting
2 (mat a-
Kenney Fort Boulevard to the eastern boundary of the Harris Tract, as shown on Exhibit "C",
attached hereto (Purchasers Obligations).
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of
Seller's knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser, and Seller has either
terminated all leases or other contracts affecting the property, or shall do so prior to the Closing
Date as set out herein.
(2) Seller has not received written notice that Seller is not in compliance with all
applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or
any part thereof.
ARTICLE V
CLOSING
Closing Date
5.01. The closing ("Closing") shall be held at the office of Georgetown Title Company,
in Round Rock, Texas 78701 ("Title Company") on or before June 30, 2011 or at such earlier
time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as
the "Closing Date"). All of Purchaser's and Seller's Obligations as listed in Section 3.02 shall be
completed prior to or simultaneously with Closing
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged
Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property
described in Exhibits "A" and "B, free and clear of any and all liens and restrictions, except for
the following:
(a) General real estate taxes for the year of Closing and subsequent years not
yet due and payable;
3
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) Cause the Title Company to deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the
Purchase Price, insuring Purchaser's fee simple title and/or easement interests to the Property
subject only to those title exceptions listed in the Commitment such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained in the usual form
of Texas Owner's Title Policy, provided, however:
(3)
(a)
The boundary and survey exceptions shall be deleted at Purchaser's
expense;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable, except for the restrictions contained in the
subdivision plat for the Property as shown on the Commitment; and
(c) The exception as to the lien for taxes shall be limited to the year of Closing.
Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the Initial Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the Closing. The
apportionment of taxes shall be based upon the tax rate and assessed valuation for
2010. Roll -back taxes assessed against the Property, if any, shall be paid by
Purchaser.
Closing Costs
5.05. All costs and expenses of Closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser:
4
Title Company Fees paid equally;
Survey paid by Purchaser
Recording fees paid by Purchaser:
Attorney fees paid by each respectively
No real estate commission shall be paid.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms of this Contract,
Purchaser has delivered to Title Company, the sum of Six Hundred Dollars ($600.00), the Escrow
Deposit, which will be paid by the Title Company to Seller in the event Purchaser breaches this
Contract as provided in Article VIII of this Contract. At the closing, the Escrow Deposit will be
paid over to Seller and applied to the cash portion of the sales price, provided, however, that in the
event the Purchaser fails to acquire the Property, then the Escrow Deposit will be immediately
remitted to Seller.
ARTICLE VII
BREACH BY SELLER
If Seller fails to fully and timely perform any of its obligations under this Contract or fails
to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may,
as its sole remedies: (1) enforce specific performance of this Contract; or (2) request that the
Escrow Deposit will be returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser fails to consummate the purchase of the Property, if Seller is not in
default under this Contract, Seller will have the right to receive the Escrow Deposit from the Title
Company, as liquidated damages for the failure of Purchaser to perform the duties imposed on it
by the terms of this Contract. Seller agrees to accept this cash payment as total damages and as
Seller's only remedy under this Contract in the event of Purchaser's default,
ARTICLE IX
MISCELLANEOUS
Notice
5
9.01. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
9.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
9.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
9.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
Memorandum of Contract
6
9.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the Round Rock
City Council, which date is indicated beneath the Mayor's signature below.
Counterparts
9.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile may be considered effective as
originals for purposes of this Contract.
Commission
9.12 Commission. Purchaser and Seller each warrant and represent to the other that no
agent or broker is entitled to a commission or fee as a result of this sale. Notice is provided to
Purchaser that John Bolt Harris and Susan Hickox Harris of Seller are licensed real estate brokers
in the State of Texas.
9.13 TITLE DISCLOSURE. IN ACCORDANCE WITH THE TERMS OF THE REAL
ESTATE LICENSE ACT OF TEXAS, YOU, AS PURCHASER ARE ADVISED THAT YOU
SHOULD HAVE THE ABSTRACT COVERING THE PROPERTY EXAMINED BY AN
ATTORNEY OF YOUR CHOICE, OR BE FURNISHED WITH OR OBTAIN A POLICY OF
TITLE INSURANCE. PURCHASER ACKNOWLEDGES RECEIPT OF SUCH NOTICE BY
ITS EXECUTION OF THIS AGREEMENT.
(remainder of page intentionally left blank; signature page follows)
7
SELLER:
J 1 HN I OLT HARRIS
r
S AN�HICKO H R
THE HI /X FAMILY LIVING TRUST
By:Gic
George
7110,
eyes
PURCHASER:
ickox, Sr., Trustee
CITY OF ROUND ROCK, TEXAS
By:
Alan M
Date: b.
aw, Mayor
Address: 509 West 18th Street
Austin, Texas 78701
Address: 221 East Main Street
Round Rock, Texas 78664
Escrow Receipt
Receipt of a fully executed copy of this Contract and Escrow funds in the amount of $
is acknowledged as received.
By:
Date:
Address:
Phone:
8
PARCEL 5
FN4374R2A John Bolt Harris, et al
July 26, 2010 to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acquisition —Arterial A, Phase I
FIELD NOTE DESCRIPTION
DESCRIPTION OF A 0.387 ACRE TRACT OF LAND (18,076 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 207 IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 107.17 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED FROM FEDERAL
DEPOSIT INSURANCE CORPORATION TO JOHN BOLT HARRIS, ET AL. OF RECORD iN VOLUME
2372, PAGE 112 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 107.17 ACRE
TRACT ALSO DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED AS DOCUMENT# 2006063683
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; FROM GEORGE KEYES
HICKOX SR. AND VIRGINIA L. HICKOX TO THE HICKOX FAMILY LIVING TRUST DATED OCTOBER 22,
1997; SAID 0.387 ACRES OF LAND, AS SHOWN 014 THE ACCOMPANYING SKETCH, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point In the southerly right-of-way line of the Union Pacific Railroad, for the
northeast corner of this tract and said John Bolt Harris, et al tract, said point being the northwest corner of
that certain 162.392 acre tract as described In a General Warranty Deed from Bison Building Materials, Ltd.
to Bison Tract 79, LW. of record In Document No. 2007049057 of the Official Public Records of Williamson
County, Texas, from which a 34" Iron rod with plastic cap stamped "SAMINC" set In said southerly right-of-
way line of the Union Pacific Railroad bears N63°36'48"E, a distance of 23.38 feet;
THENCE with the common line of said John Bolt Harris, et al tract and said Bison Tract 79, Ltd. tract,
S02°18'18"E passing at a distance of 0.67 feet a found 14' iron rod and continuing for a total distance of
443.90 feel to a calculated point for the southeast corner of this tract;
THENCE departing said common line, crossing through the Interior of said John Boil Harris, et al tract, the
following two (2) courses and distances;
1. N23°12'26'W for a distance 01 126.13 feet to calculated point;
2. NO2°18'18°W for a distance of 306.02 feet to a calculated point In the north line of said John Bolt
Harris, et al tract and in saki southerly right-of-way line of the Union Pacific Railroad, for the
northwest corner of This tract, tram which point a 14 Iron rod found at an angle point in said north line
and being the northeast corner of that certain 6.000 acre tract described in a Special Warranty Peed
from Federal Deposit Insurance Corporation to the Missouri Pacific Railroad Company of record In
Volume 2135, Page 694 of the Official Records of Williamson County, Texas and being In the
southerly right-of-way line of the Union Pacific Railroad bears, 86316'45V, a distance of 777.87
feet;
Page 1 of 4
PARCEL 5
FN4374R2A John Boll Harris, e al
July 28, 2010 to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acqulaition— Arterial A, Phase I
THENCE with the northwesterly lino of thls tract, with the common line of said John Bolt Harris, el al tract
and sald southerly right-of-way tine of the Union Pacific Railroad, N83°38'48"E, a distance of 49.29 feet 10
the POINT OF BEGINNING containing 0.387 acres (10,876 square feet) of land, more or less.
BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. In 2003. AtI
distances end coordinates are surface values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
(KNOW ALL MEN BY THESE PRESENTS:
That I, Guy W. Grlsdale, 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 thls the 28th day of July2010, A.D.
SURVEYING AND MAPPING, Inc.
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
Page 2of4
Guy Gris -1e
Regis red P tensional and Surveyor
No. 0 2 - Stale of Texas
150
0
300
1mmor
GRAPHIC SCALE
1400) ,40-i Y;�40y{'41118.4 e°141)0
SEE DETAIL "A"
ll
y
It�
\\N Ott;
tiA
\ ` P.A. HOLDER SURVEY
\ \\tq ASST. NO. 297
I \ \L
11 ‘c\\
40%o
to" NO Ig
OSED VON
oPlitv
PARCEL 5
PROPOSED ROW
ACQUISITION
PARCEL
0.387 ACRES
18,878)
(SQ. FT.)
000 to 05*
sou- gpSV
60- # i001440
�4
58'
20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PC 529 D.R.W.C.7X
\ L2
DETAIL "A"
N.T.S.
20' WIDE ACCESS EASEMENT
DESCRIBED IN VOL. 941,
PG. .346 D.R.W.C.TX
59(689 4 '3 '11) I� N(N88'5?,25 1$.81'
(589'49'32'�V� N88'SS 25'1
(3.80') —1 (20.72')
WE:
DIE BEARING BASIS IS FROM A pREV10U5 DESIGN ANO BOUNDARY
SELEVATIONS HEVEY ELLDEHERE SUPMD DY PLIED BY C. 141 OTERS.3. �ALL COORDINATESE COORDINATES
AND DISTANCES ARE SURFACE VALUES USINO A COMBINED SCALE
FACTOR OF 1.000084953.
LA 1xUr 1
IN&
r t
li
a101 SOUTIW[ST /LIAMAY
/AMWAY TWO. $IkTE 100
AUSTIW, 10 13133
(51314.17.051s
fsx 4113) 37340F1
!1411: SOI03AMNCAVS.COS
(N (299.189') Y)
(N88'36.00'E)
(310.80') N8907'02"E
299.95'
REVISED 7/26/2010
SKETCH TO ACCOMPANY
RIGHT -OP -WAY PARCEL
ARTERIAL A - PHASE 1
FIELD NOTE 4374R2A
PAGE 3 OF 4 /
GENERAL WARRANTY DEED WITH VENDORS LIEN
OFROM PAUL T. NICKS AND SPOUSE, MOZELLE NICKS
TO THOMAS P. ELROD AND SPOUSE, CHRISTEL ELROD
CALLED 4.42 ACRES VOL. 1813, PAGE 540
O.R.W.C.TX
I,HGBND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
D7 TxDOT TYPE 11 ROW MONUMENT FOUND
„, 40D NAIL FOUND
b 1/2" IRON ROD WITH 'SAMINC" CAP SET
• CALCULATED POINT
WIRE FENCE
P.0.8. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
() RECORD INFORMATION
0.P.R.W.C.TX OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.R.W.C.TX OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
LINE TABLE
LINE NO.
BEARING
DISTANCE
L1
S02'1818'E
443.96'
L2
N2392'25"W
126,13'
L3
NO2'18'18'W
308.02'
L4
N63'38'48"E
49.29'
�� 4:••to�n..&d i/zk/1 v
GUY W. GRI ALE DATE
REGI TEREO ROFESSION L LAND SURVEYOR
NO. 202 - TATE OF %AS
REVISED 7/25/2010
V:10
A 9MUT1
I r . 4o4'
4101 LW rM 1$r PAMWAY
PARTWAY TWO. "IIT. 1 1
N1fTIII. TX 79flS
(SHi
4474E111
rAt INI3 JTW919
EHNt: SAHfSA,EIKAUS,COH
SKETCH TO ACCOMPANY
RICHT-OF-WAY PARCEL
ARTERIAL A - PHASE 1
FIELD NOTE 4374R2A
PACE 4 OF 4 J
PARCEL 6
FN4374R26
July 26, 2010
SAM, Inc. Job No. 28101
EXHIBIT
B
John 0011 Harris, et al
to
The City of Round Rock
Proposed ROW Acquisition -- Arterial A, Phase
FIELD NOTE DESCRIPTION
DESCRIPTION OF A 1.677 ACRE TRACT OF LAND (73,068 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WiLLIAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 107.17 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED FROM FEDERAL
DEPOSIT INSURANCE CORPORATION TO JOHN BOLT HARRIS, ET AL, OF RECORD IN VOLUME
2372, PAGE 112 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAiD 107.17 ACRE
TRACT ALSO DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED AS DOCUMENT,{ 2006053683
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; FROM GEORGE KEYES
HiCKOX SR. AND VIRGINIA L. HICKOX TO THE HICKOX FAMILY LIVING TRUST DATED OCTOBER 22,
1997; SAID 1.677 ACRES OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the southerly right•of-way line of the Union Pacific Railroad, for the
northeast corner of this tract, from which a 1/2" iron rod found In the common line between said John Bolt
Harris, et al Tract end that certain 152.392 acre Tract as described In a Gonaral Warranty Deed from Bison
Bullding Materiels, Ltd. to Olson Tract 79, Ltd. of record In Document No. 2007049657 of the Official Public
Records of Williamson County, Texas, bears N63'36'48°E, a distance of 49.29 feet to a calculated point and
S02°18'18"E, a distance of 0.67 feel;
THENCE departing said southerly right-of-way Time of the Union Pacific Railroad line and crossing through
the Interior of said John Boll Harris, el al tract, the following Iwo (2) courses and distances;
1. S02618't8"E for a distance of 306.02 feet to 0 calculated point;
2. 323412'26"E for a distance of 128.13 feet to a calculated point in the common tine of said John Bolt
Harris, et al tract end said Bison Traci 79, Ltd. Tract;
THENCE with said common line 30218'18"E, a distance of 218.73 feet to a calculated point In said common
line;
THENCE departing said common line, crossing through the Interior of said John Bolt Harris, et al tract, the
following two (2) courses and distances;
1. 1428°43'51"W for a distance of 380.91 feet to a 1/2 inch Iron rod with yellow plastic cap stamped
"SAM INC." set;
2. N30°12'33'W for a distance of 224.92 feat to a 1/2 inch iron rod with yellow plastic cap stamped
SAM INC" sol in saki southerly right•of-way line of the Union Pacific Railroad, for the northwest
corner of this tract; from which point a lit iron rod found at an angle point in said north line and being
the northeast corner of that certain 6.000 acre tract described In a Special Warranty Deed from
Federal Deposit insurance Corporation to the Missouri Pacific Railroad Company of record In
Volume 2135, Page 694 of the Official Records of Williamson County, Texas end being In the
southerly right.of-way line of the Union Pacific Railroad bears, S63°36'48'W, o distance of 628.18
feel;
Page 1 of 4
PARCEL 8
FN4374R2B John Bolt Herds, et el
July 26, 2010 to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acquisition — Arterial A, Phase i
THENCE with the northwesterly line of this Tract, with the common line of said John Bolt Harris, et al Tract
and said southerly right-of-way line of the Union Pacific Railroad, NO3°38'48"E, a distance of 261.69 feet to
the POINT OF BEGINNING containing 1.877 acres (73,080 square feel) of land, more or less.
BEARING BASIS: All bearings are based on a previous survey performed by SAM, inc. in 2003. Alt
distances and coordinates are surfaco values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
I<NOW ALL MEN BY THESE PRESENTS:
That I, Guy W. Grisdale, a Registered Professional Land Surveyor, do hereby certify that the above
description Is true and correct to the best of my knowledge and belief end that the property described herein
was determined by e survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 28°i day of July 2010, A.D.
SURVEYING AND MAPPING, Inc.
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
Page 2 of 4
h . 9..AcsP„,
dale
rofesslone and Surveyor
tate of Tex s
SEE
DETAIL
A"
-41
06'
CJ,
PARCEL 6
PROPOSED ROW
Soso
Fv ACQUISITION
PARCEL
c °` 1.677 ACRES
`i oWOTS' off. (73,068
• SQ. Fr)
0014.'4
,.00.
iovskcg.° ;601
too
� I
.,moi -co
�c�y,v`�,�,•gy�4ppittt4 '-os°'d ' 00'04
tra0-
1,41.00
N1
P. 1.R.
SOF i8'lB'F
0.67'
DETAIL "A"
N.T.S.
20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PG. 529 D.R.W,C,TX
58837'27"W 3.76'
(S89'49'32'YW)
(3.80)
NOTE:
THE SEARING DASIS IS FROM A PREVIOUS DESIGN AND BOUNDARY
SURVEY PERFORMED DY SAN. INC. IN 2003: THE COORDINATES MO
ELEVATIONS NELD HERE SUPPLIED DY OTHERS ALL COORDINATES
AND DISTANCES ARE SURFACE VALUES USING A COAIDINEO SCALE
FACTOR OF 1.000084953.
1
11
11
11
11
P.A. HOLDER SURVEY
ABST. NO. 297
20' WIDE ACCESS EASEMENT
I ESCRIBEO IN VOL. 941,
PG. 346 D.R.W.C.TX
N80Q7'02"E 19.81'
(ND(20. 2') `)
(N88.51
Ij
(299.80)
(N88.36.00"E)
(319.8d')
O N8299 95' E
RCVISEO 7/26/2010
AMW11
nia
4•(1sOVTIWIC5T 'AHMWAY
mutat. TWO. MATO NO
AVSTIN. TA 70751
1411) 4N.0175
riu 1012) 316-0410
4NAKs SA11.01ANV114YS.00N
SKETCH TO ACCOMPANY
RIGHT—OF—WAY PARCEL
ARTERIAL A — PHASE I
FIELD NOTE 4374R29
PAGE3OF4
GENERALWARRANTY DEED KITH VENDOR'S LIEN
A FROM PAUL T NICKS AND SPOUSE, MOZELLE NICKS
TO THOMAS P, ELROD AND SPOUSE, CHRISTEI. ELROD
CALLED 4.42 ACRES VOL. 1813, PAGE 540
O.R.W.C.7X
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
ID TxDOT TYPE 11 ROW MONUMENT FOUND
4, 40D NAIL FOUND
.O 1/2" IRON ROD WITH S4M1NC" CAP SEF
CALCULATED POINT
'9,`— X— WIRE FENCE
P.0.8. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
() RECORD INFORMA710N
O.P.R.WC,TX OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.R.W.C.7X OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF My KNOWLEDGE AND BELIEF,
GUY W. ORI 1 ALE
REG TEREO PROFESSION L LAND SURVEYOR
NO. ;202 - STATE OF XAS
UNE TABLE
LINE NO,
BEARING
DISTANCE
11
S02'18'18"E
306.02'
L2
S23'1215'E
126.13'
L3
S0218'18"E
218.73'
L4
N28'43'51'W
380.91'
1.5
N3GY2'33"W
224.92'
16
N63'36'46'E
251.69'
//Se 4P/I0
DATE
REVISED 7/26/2010
.
F
A PM(
TO
r . s
£ 3I SOUTHWEST F MWAY
FAAHViAY TWO. WITS TOO
ATAT,N. TM 3►)33
HEM 4.4.7.0116
FA4 (H113Z6.3yti
FHNLi CAHy6HMCLURCCH
SKETCH TO ACCOMPANY
RIGHT—OF—WAY PARCEL
ARTERIAL A — PHASE 1
FIELD NOTE 4374R26 J
PAGE 4 OF 4
EXHIBIT "C"
PARCEL 3
FN4375CR4 Bison Tract 79, Ltd.
July 23, 2010 to
SAM, Inc. Job No. 28101 The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase I
FIELD NOTE DESCRIPTION
DESCRIPTION OF A 0.158 ACRE TRACT OF LAND (6,890 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 152.392 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED FROM BISON
BUILDING MATERIALS, LTD. TO BISON TRACT 79, LTD., OF RECORD IN DOCUMENT NO. 2007049657
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.158 ACRES OF
LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a calculated point in the southerly right-of-way line of the Union Pacific Railroad, said
point being the most northeasterly comer of that certain 107.17 acre tract as described in a Special Warranty
Deed from Federal Deposit Insurance Corporation to John Bolt Harris, et al. of record in Volume 2372, Page
112 of the Official Records of Williamson County, Texas, said 107.17 acre tract also described in a Special
Warranty Deed recorded as document No. 2006053683 of the Official Public Records of Williamson County,
Texas; from George Keyes Hickox Sr. and Virginia L. Hickox to the Hickox Family Living Trust Dated
October 22, 1997; said calculated point also being the northwest comer of the said 152.392 acre Bison Tract
79, Ltd. tract;
THENCE departing said southerly right-of-way line of the Union Pacific Railroad, with the common line
between said 152.392 acre Bison Tract 79, Ltd. tract and said 107.17 acre John Bolt Harris, et al. tract;
S02°18'18"E at a distance of 0.67 feet passing a 1/2" iron rod found and continuing for a total distance of
771.21 feet to a calculated point for the POINT OF BEGINNING;
THENCE departing said common line and crossing through the interior of said Bison Tract 79, Ltd. tract, the
following fourteen (5) courses and distances:
1) N63°37'23"E a distance of 8.30 feet to a 1/2" iron rod with plastic cap stamped "SAMINC" set;
2) N17°26'46"E a distance of 55.44 feet to a W iron rod with plastic cap stamped "SAMINC" set;
3) S27°46'43"E a distance of 160.05 feet to a W iron rod with plastic cap stamped "SAMINC" set;
4) N71 °22'37' W a distance of 56.57 feet to a %z" iron rod with plastic cap stamped "SAMINC" set;
5) S63°37'23"W a distance of 46.35 feet to a W iron rod with plastic cap stamped "SAMINC" set in the
common line of said John Bolt Harris, et al. tract and said Bison Tract 79, Ltd. tract;
THENCE with said common line, NO2°18'18"W a distance of 87.62 feet to the POINT OF BEGINNING and
containing 0.158 acres (6,890 square feet) of land, more or less.
Page 1 of 4
PARCEL 3
FN4375CR4
July 23, 2010
SAM, Inc. Job No. 28101
Bison Tract 79, Ltd.
to
The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase I
BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. in 2003. All
distances and coordinates are surface values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
KNOW ALL MEN BY THESE PRESENTS:
That I, Guy W. Grisdale, 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 23rd day of July, A.D.
SURVEYING AND MAPPING, Inc.
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
Page 2of4
4/0•:"
•
GuGridale
Registered Professional
No. 6202 - State of Texas
nd Surveyor
S' 300 1 50 Oimill mom i i 300 i `�,,r'
/1°
�P�
GRAPHIC SCALE / % 9
liail : NfP1'6CA .*
/ 0 • SEE DETAIL A
/�11'
2 PARCEL 3
„8 .. �. �t�8 I PROPOSED ROW DETAIL "A"
6.556 48 �\ ACQUISITIONN.T.S.
PARCEL
I 0.158 ACRE
%00\ (6,890)
\ (SQ. FT.)
4-4 R\
�\ �'� GENERAL WARRANTY DEED
co
?,�� \ \ BISON BUILDING MATERIALS, LTD
TO BISON TRACT 79, LTD
\
152.392 ACRES
DOC# 2007049657 0.P.R.W.C.TX
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SEE DETAIL "B"
20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PG. 529 D.R.W.C.TX
NOTE:
THE BEARING BASIS IS FROM A PREVIOUS DESIGN AND BOUNDARY
SURVEY PERFORMED BY SAM. INC. IN 2003. THE COORDINATES AND
ELEVATIONS HELD WERE SUPPLIED BY OTHERS. ALL COORDINATES
AND DISTANCES ARE SURFACE VALUES USING A COMBINED SCALE
FACTOR OF 1.000084953.
\13\4
. P.A. HOLDER SURVEY
\ \\ ASST. NO. 297
\ \ \
20' WIDE ACCESS EASEMENT
DESCRIBED IN VOL. 941, PG.346
\ \ \ D.R.W.C.TX
\ \
\ \ \ \
4801 SOUTHWEST PARKWAY
PARKWAY TWO. SUITE 100
AUSTIN, TX 78735
(5)2) 447-0575
FAA: (512) 326-3029
EMAIL: SAM•SAMINCAUS.COM
DETAIL "B"
N.T.S.
SKETCH TO ACCOMPANY
RIGHT-OF-WAY PARCEL
ARTERIAL A - PHASE 1
FIELD NOTE 4375R4C�
PAGE 3 OF 4
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
C1 TxDOT TYPE II ROW MONUMENT FOUND
.- 400 NAIL FOUND
• 1/2" IRON ROD WITH SAMINC" CAP SET
O CALCULATED POINT
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
0.P.R.W.C.TX OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
0. R. W. C.TX OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
LINE TABLE
LINE NO.
BEARING
DISTANCE
L1
S02'18'18"E
771.21'
L2
N63'37'23"E
8.30'
L3
N17'26'46"E
55.44'
L4
S27'46'43"E
160.05'
L5
N71'22'37"W
56.57'
L6
S63'37'23"W
46.35'
L7
N0218'18"W
87.62'
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
•
GU W. GR ALE
REG TERE PROFESSION.
NO. 6202 - STATE OF 1
ANIMAL • NUM 1
14110
LAND SURVEYOR
XAS
4804 SOUTHWEST PARKWAY
PARKWAY TWO, SUITE 100
AUSTIN. TX 78735
(512) 447-0575
FAX' (512) 326-3029
EMAIL- SAM•SAMINCAUS.COM
SKETCH TO ACCOMPANY
RIGHT-OF-WAY PARCEL
ARTERIAL A - PHASE 1
FIELD NOTE 4375R4C
PAGE 4 OF 4
tif-/
PARCEL 4
FN4375DR4
July 23, 2010
SAM, Inc. Job No. 28101
Bison Tract 79, Ltd.
to
The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase I
FIELD NOTE DESCRIPTION
DESCRIPTION OF A 0.864 ACRE TRACT OF LAND (37,635 SQUARE FEET) BEING LOCATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF
THAT CERTAIN 152.392 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED FROM BISON
BUILDING MATERIALS, LTD. TO BISON TRACT 79, LTD., OF RECORD IN DOCUMENT NO. 2007049657
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.864 ACRES OF
LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a calculated point in the southerly right-of-way line of the Union Pacific Railroad, said
point being the most northeasterly corner of that certain 107.17 acre tract as described in a Special Warranty
Deed from Federal Deposit Insurance Corporation to John Bolt Harris, et al. of record in Volume 2372, Page
112 of the Official Records of Williamson County, Texas, said 107.17 acre tract also described in a Special
Warranty Deed recorded as document No. 2006053683 of the Official Public Records of Williamson County,
Texas; from George Keyes Hickox Sr. and Virginia L. Hickox to the Hickox Family Living Trust Dated
October 22, 1997; said calculated point also being the northwest corner of the said 152.392 acre Bison Tract
79, Ltd. tract;
THENCE departing said southerly right-of-way line of the Union Pacific Railroad, and with the common line
between said 152.392 acre Bison Tract 79, Ltd. tract and said 107.17 acre John Bolt Harris et al. tract;
S02°18'18"E at a distance of 0.67 feet passing a 1/2" iron rod found and continuing for a total distance of
1707.66 feet to a 1/2 inch iron rod with yellow plastic cap stamped "SAM INC." for the POINT OF
BEGINNING;
THENCE departing said common line and crossing through the interior of said Bison Tract 79, Ltd. tract, the
following five (5) courses and distances:
1) N63°37'23"E a distance of 392.57 feet to a'/z" iron rod with plastic cap stamped "SAMINC" set;
2) N18°37'23"E a distance of 56.57 feet to a'/2" iron rod with plastic cap stamped "SAMINC" set;
3) S26°22'37"E a distance of 160.00 feet to a'/Z' iron rod with plastic cap stamped "SAMINC" set;
4) N71 °22'3T'W a distance of 56.57 feet to a Y2' iron rod with plastic cap stamped "SAMINC" set;
5) S63°37'23'W a distance of 428.31 feet to a Y2" iron rod with plastic cap stamped "SAMINC" set in
the common line of said John Bolt Harris, et al. tract and said Bison Tract 79, Ltd. tract;
THENCE with said common line, NO2°18'18'W a distance of 87.62 feet to the POINT OF BEGINNING and
containing 0.864 acres (37,635 square feet) of land, more or less.
Page 1 of 4
PARCEL 4
FN4375DR4
July 23, 2010
SAM, Inc. Job No. 28101
Bison Tract 79, Ltd.
to
The City of Round Rock
Proposed ROW Acquisition -Arterial A, Phase I
BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. in 2003. All
distances and coordinates are surface values using a combined scale factor of 1.000084953.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Guy W. Grisdale, 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 23rd day of July, A.D.
SURVEYING AND MAPPING, Inc.
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
Page 2 of 4
Guyi. Griiale
Regi tered ofessiona,Land Surveyor
No. 6202 - State of Texas
300 150 0 300
GRAPHIC SCALE
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.�'" ' SEE DETAIL "A"
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DETAIL "A"
N.T.S.
GENERAL WARRANTY DEED
BISON BUILDING MATERIALS, LTD
TO BISON TRACT 79. LTD
152.392 ACRES
DOC# 2007049657 O.P.R.W.C.TX
P.A. HOLDER SURVEY
ABST. NO. 297
20' WIDE DRAINAGE EASEMENT TO
THE TEXAS DEPARTMENT OF
TRANSPORTATION DESCRIBED IN
VOL. 305, PG. 529 D. R. W. C. TX
NOTE:
THE BEARING BASIS IS FROM A PREVIOUS DESIGN AND BOUNDARY
SURVEY PERFORMED BY SAM, INC. IN 2003. THE COORDINATES AND
ELEVATIONS HELD WERE SUPPLIED BY OTHERS. ALL COORDINATES
AND DISTANCES ARE SURFACE VALUES USING A COMBINED SCALE
FACTOR OF 1.000084953.
11
11
iii
11
20' WIDE ACCESS EASEMENT
DESCRIBED IN VOL. 941, PG.346
\ \ q D.R.W.C.TX
g\ \ \
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It= \'' PROPOSED ROW
p\ ACQUISITION
ACQUISITION
‘Q\ �* PARCEL
\ \ \ 0.864 ACRE
(37,635)
\ \ (SQ. FT.)
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P.O.B.
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II
4501 SOUTHWEST PARKWAY
PARKWAY TWO. SUITE 100
AUSTIN. TX 75735
(512) 447-0575
PAX. (512) 526-5029
EMAIL SAM•SAMINCAUS. COM
SKETCH TO ACCOMPANY
RIGHT—OF—WAY PARCEL
ARTERIAL A — PHASE 1
FIELD NOTE 4375R4D�
PAGE 3 OF 4
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED)
• TxDOT TYPE II ROW MONUMENT FOUND
4. 40D NAIL FOUND
0 1/2" IRON ROD WITH SAMINC" CAP SET
O CALCULATED POINT
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
0.P.R.W.C.TX OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.R.W.C.TX OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
LINE TABLE
UNE NO.
BEARING
DISTANCE
L1
N63'37'23"E
392.57'
L2
N18'37'23"E
56.57'
L3
S26'22'37"E
160.00'
L4
N71'22'37"W
56.57'
L5
S63'37'23"W
428.31'
L6
NO2'18'18"W
87.62'
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
444N4/1"
UY W.
REGISTE'ED OFESSIONA LAND SURVEYOR
NO. 620 - STATE OF AS
DATE
4714`G
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GU`f y ,L1AM G l.. ..
SA' /4,/iga
.,, '6202... {496 16%
4501 SOUTHWEST PARKWAY
PARKWAY TWO. SUITE 100
AUSTIN. TX 76735
(512) 447-0575
FAx (512) 326-3029
EMAIL SAM•SAMINCAUS.COM
SKETCH TO ACCOMPANY
RIGHT-OF-WAY PARCEL
ARTERIAL A - PHASE 1
FIELD NOTE 4375R4D
PAGE 4 OF 4 I