CM-2018-1618 - 1/26/2018REAL ESTATE CONTRACT
RM 620 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between HAMMOCK
RESTAURANTS, L.L.C., a Delaware limited liability company, (referred to in this Contract as
"Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this
Contract as "Purchaser*), upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows:
All of that certain 0.009 acre (375 square foot) parcel of land situated in the J.M.
Harrell Survey, Abstract No. 284, in Williamson County, Texas; said parcel of
land being more fully described by metes and bounds in Exhibit "A", attached
hereto and incorporated herein Parcel 6); and
Public Utility Easement interest in and across all of that certain 0.001 acre (57
square foot) tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in
Williamson County, Texas; said parcel of land being more fully described by
metes and bounds in Exhibit "B", attached hereto and incorporated herein Parcel
6PUE);
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 Exhibit "A",
or bisected by the acquisition and not otherwise retained by Seller, for the consideration and upon
and subject to the terms, provisions, and conditions set forth below.
ARTICLE If
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the fee simple portion of the Property described in Exhibit
"A", the acquisition of any improvements on the Property, and any damage to or cost to cure of
the remaining property of Seller, shall be the sum of TWELVE T14OUSAND and 001100 Dollars
($12,000.00).
00369907 DOC'
GSM-2ocd-'�l �
2.02. The Purchase Price for the public utility easement interest portion of the Property
described in Exhibit "B" shall be the sum of ONE THOUSAND and 001100 Dollars ($1,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the Closing.
Snecial_Provisions
2.04. By execution of this Contract, Seller consents and agrees that Purchaser shall be
allowed to temporarily enter the remaining property of Seller for the sole purpose of removing any
bisected improvement(s) acquired or damaged by the City of Round Rock or TxDoT.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Sellers knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Capital Title Company on or before
December IS", 2017, or at such time, date, and place as Seller and Purchaser may agree upon, or
within 10 days after the completion of any title curative matters if necessary for items as shown on
the Title Commitment or in the Contract (which date is herein referred to as the "Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the State of Texas a duly executed and acknowledged Deed conveying good
and indefeasible title in fee simple to all of the Property described in Exhibit "A", and deliver to
the City of Round Rock a duly executed and acknowledged Public Utility Easement conveying
such interest to all of the Property described in Exhibit "B", both free and clear of any and all
liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached
hereto. The Public Utility Easement to the City of Round Rock shall be in the form as shown in
Exhibit "D" attached hereto.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring each
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Polic),
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.
Purchaser's Obligations at Closin
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property acquired in
fee simple shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. If
the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of
taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest
assessed valuation. Agricultural roll -back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
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.
4
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 Seiler not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of 5500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Analy
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.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, Iegal representatives, successors and assigns where
permitted by this Contract.
Legal _Con struction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
SELLER:
HAMMOCK RESTAURANTS, L.L.C.,
a Delaware limited Iiability company
By:
Its: ArQ s;da-A-
Date:—)— V-1 — 18
Address: 16)
S.,
7J61-3
PURCHASER:
CITY OF ROUND ROCK, TEXA
By:
��I�fHtp;vCity Manage
doj e-fw',4 assL.
Date: Ie
Address: 221 East Main St.
Round Rock, Texas 78664
County: Williamson
Parcel : 6
Highway: R M. 620
EXHIBIT A
PROPERTY DESCRIPTION FOR PARCEL 6
Page 1 of 5
DESCRIPTION OF A 0.009 ACRE (375 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN W;LLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 4, OF THE WILL GALLER SUBDIVISION RECORDED IN CABINET L, SLIDE 326 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO HAMMOCK RESTAURANTS,
L.L.0 BY INSTRUMENT RECORDED IN DOCUMENT NO. 2007032018, OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.009 ACRE (375 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a '/z' iron rod found, 120.17 feet left of proposed R.M. 620 baseline
station 471+89.65, in the easterly boundary line of the remainder of that 18.904 acre tract (Tract 5 Exhibit
A-9) as described En Document No. 2002071335 of the Official Public Records of Williamson County,
Texas, and conveyed to A.H. Robinson Et. At by instrument recorded in Volume 1996, Page 197 of the
Official Records of Will7amson County, Texas, and by instrument recorded in Document No. 2002071335
of the Official Public Records of Williamson County. Texas, same being the westerly boundary line of said
Lot 4,
THENCE, with the common boundary line of said remainder of the 18.904 acre tract, and said Lot 4
S 35°40'13' W for a distance of 26,56 feet to a calculated point in the existing northerly right-of-way
(ROW) line of R.M. 620, (ROW width varies), being the southeasterly corner of said remainder of that
18.904 acre tract, same being the most southwesterly corner of said Lot 4,
THENCE, departing the easterly boundary line of said remainder of the 18.904 acre tract, with the said
existing northerly ROW line, same being the southerly boundary line of said Lot 4, S 64'03'37" E for a
distance of 93.37, feet to a %" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II
monument), 73.46 feet left of proposed R.M. 620 baseline station 472+71.00, being a point of curvature to
the left in the proposed northerly ROW line of R.M. 620 (ROW width varies), for the most westerly corner
and POINT OF BEGINNING of the herein described tract,
1) THENCE, departing said existing northerly ROW line, through the Interior of said Lot 4, with said
proposed ROW line, along said curve to the left, having a delta angle of 01052'08", a radius of
1,868.45 feet, an arc length of 60.95 feet. and a chord which bears S 77045'20" E for a distance of
60.94 feet to a %i' iron rod with TxDOT aluminum cap set, 72.24 feet left of proposed R M. 620
baseline station 473+33 07, being the west boundary line of Lot 3 of said subdivision, same being
the east boundary line of said Lot 4, for the northeast corner of the herein described tract;
2) THENCE, departing said proposed northerly ROW line, with the common boundary line of said Lot
3 and said Lot 4, S 07°25'07" W for a distance of 8.04 feet to a calculated point in said existing
northerly ROW line of R.M. 620, being the southwest corner of said Lot 3, same being the
southeast corner of said Lot 4, for the southeast corner of the herein described tract;
Parcel 6
Page 2 of 5
THENCE, with said existing northerly ROW fine, same being the southerly boundary line of said Lot 4, the
following two (2) courses -
3) N 82°35'02" W for a distance of 21.42 feet to a %" iron rod found for an angle point of the herein
described tract;
4) N 64°03'37" W for a distance of 41.46 feel to the POINT OF BEGINNING, containing 0.009 acres
(375 square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No
4203, NAD 83.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That I, M. Stephen Truesdale, 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 Round Rock, Williamson County, Texas
Ffl.k WOA/
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
EXHIBIT "1-1 "
PLAT TO ACCOMPANY PARCEL DESCRIPTION
INUMBERI DELTA I RADIUS I LENGTH I CHORD CHORD BEARING
C 1 01-52'06- IB68.45-1 60.95' 1 60.94' S77. 45' 20"E
I
c` ` fx�srfNG / LOT 4 m
W,
535' 40' 13 •w .9
R. M 0.39' .�?'I
LOT 4
A. H. ROBINSON, ET AL \ 62Q (2.769 AC.) v f
VOL. 1996. PC. 197 ` ;j
0. R. W. C. T. \ DETAIL
E TA 5 HAMMOCK RESTAURANTS, L. L.C. z�
DOC. NO. 2002071335 t� DOC. NO. 2007032018
0, P. R. W. C. T.
0. P. R. w. C. T. 06
fREA3AIND£R OF 18.904 AC.)
TRACT 5. EXHIBIT A-9
DESCRIBED IN \
DOC. N0. 2002071335p. 0. R. b
PARCEL 6
STA. 471.59,65
120.17' LT
1.
Fx,S8Mc5?• P.O. B.
R.0 PARCEL 6
r,y STA. 472.71.00
SEE DETAIL 61'46 73.46 LT
N64, 564
033?�W 3.3?00. 134. 88
221 g�. J
40 37 r
I
I
WILL CALLER
SUBDIVISION
CAB. L, SL. 324
P. R. W. C. T.
I
I
12/30/13
PAGE 3 OF 5
N
0 25 50
1' = 50'
LOT 3
(1.003 AC.)
0.009 AC.I STA. 473.33.07
375^S;. FT.I 72.24' LT
�✓ L3
4
ti
471.00 n
i
CL472.00 473 •00
iR. 0, R. M-o�xv6
20s1
NUMBER
DIRECTION
DISTANCE
L I
S35' 40. 13'V)
26.56'
ILII
(N38'08'05"E)
(26.96')
L2
S07' 25' 07"W
8.04'
L3
N82' 35' 02 -W
21.42'
(1-3)
(NBC*II'30"w)
(21.37')
L4
N64. 03' 37'W
41, 46'
0. vv
PARCEL PLAT SHOWING PROPERTY OF
INLAND u
cE0orz-rlcs'j HAMMOCK RESTAURANTS. L.L.C.
PROFrssioNAL LAI+P SVRVEvms
1504 CHISHOLM TRAIL RD. SIE. 103
BOUND ROCK, I -- 78681 SCALE CSJ n PROJECT COUNTY
+.(s12173s-fim,FA11(s11)a3a-usl (•
50• RM 620 WILLIAMSON
w n
474.00
Texas Department of Transportation
Q 2003
PARCEL 6
EXHIBIT , A "
II Allbearings Shown hereon are boSea on grid bearing. All distances are surface OlStances. Coordinates
are surface values based on the Texas Stare Plane Cooralnate System, MAD 83. Central Zone using a Combined
surface ad)ustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1016. ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 17, 2014, ISSUE DATE
JANUARY 28, 2014.
1. RESTRICTIVE COVENANTSL CABINET L. SLIDES 326. PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS, VOLUME 743,
PG. 360. OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOCUMENT N0. 2013099(11, OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, DOCUMENT NO. 9532511. OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY.
TEXAS. AND IN DOCUMENT NO. 2007032018. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUTY. TEXAS. SUBJECT
TO.
10C. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG F.M. 620 RIGHT-OF-WAY PROPERTY LINE OF THE SUBJECT
PROPERTY, AS STATED PER THE RECORDED PLAT THEREOF, AFFECTS AS SHOWN.
D. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE SOUTH 45 FEET OF THE WEST PROPERTY LINE OF THE
SUBJECT PROPERTY, AS STATED PER THE RECORDED PLAT THEREOF. DOES NOT AFFECT.
E. A PARKLAND, DRAINAGE AND PUBLIC UTILITY EASEMENT, VARYING IN WIDTH ALONG THE REAR PROPERTY LINE OF
THE SUBJECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, (THE LIMITS OF THE 100 YEAR FLOOD PLAIN
ARE SHOWN AS BEING CONTAINED WITHIN SAID EASMENT), DOES NOT AFFECT.
F. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH, LOCATED ADJACENT AND PARALLEL TO THE PARKLAND, DRAINAGE AND
STORMSEWER (PUBLIC UTILITY EASEMENT). AS STATED PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT.
G. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE EAST PROPERTY LINE OF THE SUBJECT PROPERTY, AS
STATED PER THE RECORDED PLAT THEREOF. AFFECTS AS SHOWN.
H. AN EXISTING CITY OF ROUND ROCK EASEMENT 30 FEET IN WIDTH, AWARDED PER CAUSENO. 83-154.TRAVERSES THE
REAR PORTION OF OF SUBJECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT.
1, A WASTEWATER EASEMENT 10 FEET IN WIDTH EXTENDING 101.1 FEET FROM THE EAST PROPERTY LINE OF THE SUBJECT
PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT,
J. THE REAR PROPERTY LINE OF SUBJECT PROPERTY FOLLOWS THE CENTERLINE OF BRUSHY CREEK, AS SHOWN PER THE
RECORDED PLAT THEREOF, DOES NOT AFFECT.
K. A TELEPHONE LINE EASEMENT TO SOUTHWESTERN BELL TELEPHONE CO, BY INSTRUMENT RECORDED IN VOLUME 461,
PAGE 535, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN.
L. AN UNDIVIDED ONE-HALF 11/21 INTEREST OF ALL OIL, GAS AND OTHER MINERALS, ROYALTIES, BONUSES, RENTALS
AND ALL OTHER RIGHTS IN CONNECTION WITH THE SAME, ALL OF WHICH ARE EXPRESSLY EXCEPTED HEREFROM AND
NOT INSURED HEREUNDER. AS SET FORTH BY INSTRUMENT IN VOLUME 739. PAGE 276. OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, TITLE TO SAID MINERAL INTERESTS HAS NOT BEEN TRACED FURTHER, SUBJECT TO.
1 N LAN DU
GEODETICS
PROFESSIONAL LAND SLIAVEYOAS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
1 �: 151 21 2 31-1 2 00, FA%1512) 271-1251 C
PARCEL PLAT SHOWING PROPERTY OF
HAMMOCK RESTAURANTS. L. L. C.
SCALE CSJ # PROJECT I COUNTY
I, = So I RM 620 WILLIAMSON
DeMrlfwnl of TransDwlolion
PARCEL 6
PLAT TO ACCOMPANY
PARCEL DESCRIPTION
L 2 / 30/ I s
LEGEND
PAGE 4 OF 5
i
TXDOT TYPE I CONCRETE MONUMENT FOUND
R
PROPERTY LINE
C}
I/2" IRON RDD SET W/ TXDOT ALUMINUM CAP I 1
RECORD INFORMATION
TO BE REPLACED BY TYPE II MONUMENT
LINE BREAK
.Q
TXDOT TYPE it CONCRETE MONUMENT FOUND
N
P.O.B.
LAND HOOK
POINT OF BEGINNING
0
%2" IRON ROD FOUND UNLESS NOTED
P.O.R.
POINT OF REFERENCE
(D
1/2" IRON ROD FOUND W/PLASTIC CAP
N. T. S,
NOT TO SCALE
O
COTTON GIN SPINDLE FOUND
D.R.W.C.T.
DEED RECORDS
9
PK NAIL FOUND
O. R. W. C. T.
WILLIAMSON COUNTY,
OFFICIAL RECORDS
TEXAS
X
X CUT FOUND
WILLIAMSON COUNTY.
TEXAS
A
60/D NAIL FOUND O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY,
TEXAS
A
CALCULATED POINT
P.R.W.C.T.
PLAT RECORDS
0
1/2' IRON ROA W/ ALUMINUM CAP
WILLIAMSON COUNTY,
TEXAS
STAMPED "TXDOT" SET
)UNLESS NOTED OTHERWISE)
II Allbearings Shown hereon are boSea on grid bearing. All distances are surface OlStances. Coordinates
are surface values based on the Texas Stare Plane Cooralnate System, MAD 83. Central Zone using a Combined
surface ad)ustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1016. ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 17, 2014, ISSUE DATE
JANUARY 28, 2014.
1. RESTRICTIVE COVENANTSL CABINET L. SLIDES 326. PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS, VOLUME 743,
PG. 360. OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOCUMENT N0. 2013099(11, OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, DOCUMENT NO. 9532511. OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY.
TEXAS. AND IN DOCUMENT NO. 2007032018. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUTY. TEXAS. SUBJECT
TO.
10C. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG F.M. 620 RIGHT-OF-WAY PROPERTY LINE OF THE SUBJECT
PROPERTY, AS STATED PER THE RECORDED PLAT THEREOF, AFFECTS AS SHOWN.
D. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE SOUTH 45 FEET OF THE WEST PROPERTY LINE OF THE
SUBJECT PROPERTY, AS STATED PER THE RECORDED PLAT THEREOF. DOES NOT AFFECT.
E. A PARKLAND, DRAINAGE AND PUBLIC UTILITY EASEMENT, VARYING IN WIDTH ALONG THE REAR PROPERTY LINE OF
THE SUBJECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, (THE LIMITS OF THE 100 YEAR FLOOD PLAIN
ARE SHOWN AS BEING CONTAINED WITHIN SAID EASMENT), DOES NOT AFFECT.
F. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH, LOCATED ADJACENT AND PARALLEL TO THE PARKLAND, DRAINAGE AND
STORMSEWER (PUBLIC UTILITY EASEMENT). AS STATED PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT.
G. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE EAST PROPERTY LINE OF THE SUBJECT PROPERTY, AS
STATED PER THE RECORDED PLAT THEREOF. AFFECTS AS SHOWN.
H. AN EXISTING CITY OF ROUND ROCK EASEMENT 30 FEET IN WIDTH, AWARDED PER CAUSENO. 83-154.TRAVERSES THE
REAR PORTION OF OF SUBJECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT.
1, A WASTEWATER EASEMENT 10 FEET IN WIDTH EXTENDING 101.1 FEET FROM THE EAST PROPERTY LINE OF THE SUBJECT
PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT,
J. THE REAR PROPERTY LINE OF SUBJECT PROPERTY FOLLOWS THE CENTERLINE OF BRUSHY CREEK, AS SHOWN PER THE
RECORDED PLAT THEREOF, DOES NOT AFFECT.
K. A TELEPHONE LINE EASEMENT TO SOUTHWESTERN BELL TELEPHONE CO, BY INSTRUMENT RECORDED IN VOLUME 461,
PAGE 535, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN.
L. AN UNDIVIDED ONE-HALF 11/21 INTEREST OF ALL OIL, GAS AND OTHER MINERALS, ROYALTIES, BONUSES, RENTALS
AND ALL OTHER RIGHTS IN CONNECTION WITH THE SAME, ALL OF WHICH ARE EXPRESSLY EXCEPTED HEREFROM AND
NOT INSURED HEREUNDER. AS SET FORTH BY INSTRUMENT IN VOLUME 739. PAGE 276. OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, TITLE TO SAID MINERAL INTERESTS HAS NOT BEEN TRACED FURTHER, SUBJECT TO.
1 N LAN DU
GEODETICS
PROFESSIONAL LAND SLIAVEYOAS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
1 �: 151 21 2 31-1 2 00, FA%1512) 271-1251 C
PARCEL PLAT SHOWING PROPERTY OF
HAMMOCK RESTAURANTS. L. L. C.
SCALE CSJ # PROJECT I COUNTY
I, = So I RM 620 WILLIAMSON
DeMrlfwnl of TransDwlolion
PARCEL 6
EXHIRIT A
TO ACCOMPANY PA]
12/30/13
PAGE 5 OF 5
M. AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO T.P.&L. CO. BY INSTRUMENT IN VOLUME 797. PAGE. 544.
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT.
N. AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO T.P.&L. CO. BY INSTRUMENT IN VOLUME 797, PAGE, 546, OF
THE DEED RECORDS OF WILLtAMSON COUNTY. TEXAS, DOES NOT AFFECT.
0. AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO T.P.&L. CO. AND SOUTHWESTERN BELL TELEPHONE COMPANY
BY INSTRUMENT IN VOLUME 1126, PAGE. 312. OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
P. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN RESTRICTIVE DECLARATION OF COVENANTS AND EASEMENTS
AGREEMENT BY INSTRUMENT IN DOCUMENT 9532511, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS, SUBJECT
TO.
0. A JOINT ACCESS EASEMENT FOR INGRESS AND EGRESS LOCATED IN THE SOUTHEAST CORNER OF LOT 4. FOR USE BY LOTS 3
AND 4. GRANTED TO BRIAN CALLAWAY BY INSTRUMENT IN DOCUMENT NO. 9628714. OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN.
R. TERMS. CONDITIONS AND PROVISIONS OF THAT CERTAIN EDWARDS AQUIFER PROTECTION PLAN BY INSTRUMENT IN DOCUMENT
NO. 2007034563. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS. SUBJECT TO.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
M. STEPHEN TRUESDALE / DATEs
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS. LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK. TX 78681
PARCEL PLAT SHOWING PROPERTY OF
i N LAN Du
GEODETICS ', HAMMOCK RESTAURANTS, L.L.C.
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL IID. STE. 103
ROUND ROCK. TX. 786B] SCALE CSJ v PROJECT COUNTY
1N.(S12)239-IMFAX6t21231I-I2S1 pr 11 1. • s0• RM 620 WILLIAMSON
ACQUISITION 0.009 375
CALC/DEED AREA 2. 769 120, 618
REMAINDER AREA 2, 76 1 120,243
Texas LleporlmeM a TransparlWlon
0 loos
PARCEL b
County: Williamson
Parcel: 6-E
Highway: R, M. 620
Page 1 of 5
EXHIBIT Revised 9-8-16
PROPERTY DESCRIPTION FOR
PARCEL 6-E
DESCRIPTION OF A 0.001 ACRE (57 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL
SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 4, OF THE
WILL GALLER SUBDIVISION RECORDED IN CABINET L, SLIDE 326 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO HAMMOCK RESTAURANTS, L L C BY INSTRUMENT
RECORDED IN DOCUMENT NO 2007032018, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS SAID 0 001 ACRE (57 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING FOR REFERENCE at a %` iron rod with TxDOT aluminum cap set, 72 24 feet left of proposed
Ranch to Market (R M ) 620 baseline station 473+33 07, in the proposed northerly Righl-of Way (ROW) line of
R M 620 (ROW width varies), same being the common boundary line of Lot 3 of said subdivision and said Lot 4
THENCE, departing said proposed ROW line, with the common boundary line of said Lot 3 and Lot 4,
N 07025'07" E for a distance of 11.11 feet,
THENCE, departing said common boundary line, through the interior of said Lot 4 N 82'34'53 W for a distance
of 15.00 feet to a calculated point, 82 45 feel left of proposed R.M 620 baseline station 473+17 14, in the west
boundary line of that called 30 foot wide Public Utility Easement per said subdivision. sa:d existing easement line
being 15 feet from and parallel to the east boundary line of said Lot 4, for the northeast corner and the POINT OF
BEGINNING of the herein described parcel,
1) THENCE, with said existing easement line, through the interior of said Lot 4, S 07025'07" W for a distance
of 4.15 feet to calculated point, being the existing north boundary line of that called 15 fool wide Public
Utility Easement per said plat, said 15 foot easement line being 15 feet from and parallel to the existing
south boundary line of said Lot 4, for the southeast corner of the herein described parcel,
THENCE, departing said existing 30 foot wide easement line, continuing through the interior of said Lot 4 with
said existing 15 foot wide easement line the following two (2) courses:
2) N 82°35'02" W for a distance of 3.97 feet to a calculated angle point;
3) N 64°03'37" W for a distance of 18.70 feet to a calculated point, for the most westerly corner of the herein
described parcel, and from which a Y2" iron rod found in the easterly boundary line of the remainder of that
called 18.904 acre tract (Tract 5) conveyed to A.H Robinson Et Al by instrument recorded in Volume
1996, Page 197 of the Official Records of Williamson County, Texas, and by instrument recorded in
Document No. 2002071335 of the Official Public Records of Williamson County, Texas, same being the
westerly boundary line of said Lot 4 bears N 64`03'37" W with said 15 foot easement at a distance of
111.11 feet, to a calculated point in the common line of said remainder of the 18 904 acre tract and said Lot
4, N 35`40'13" E with said common line at a distance of 11.34 feet;
Parcel 6-E
Page 2 of 5
4) THENCE, departing said 15 foot wide easement line, continuing though the interior of said Lot 4,
S 77052'10" E for a distance of 21.78 feet to the POINT OF BEGINNING, containing 0 001 acres (57
square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD
63,
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS -
That 1, M Stephen Truesdale, 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 Round Rock, Williamson County, Texas.
In
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road. Suite 103
Round Rock, TX 78681
/t/
Date
HlRIT "0„
IMPANY PA
REV. 09/00/16
PAGE 3 OF 5
NUMBER
DIRECTION
I
L I
N07* 25' 07' E
1 1. 1 1'
L2
N
15.00'
L3
tD
4.15'
L4
N82`35'02•W
3.97'
L5
N64'03'37'W
16.70'
m1
S77.52'10"E
21.78'
HAMMOCK
N35.40' 13 •£
11.34'
N.
RESTAURANTS, L.L.C.
wI
\
DOC. N0. 20070320180l
0 25 50
0. P. R. W. C. T.
A. H. ROBINSON ET AL
v I
I" a 50'
VOL. 1996, Pb.G197
0. R. W. C, T,
DOC. NO. 2002071335
LOT 4
2'-'I
LOT 3
12.769 AC.)
O. P. R. IV. C. T.
\
0�
t I, 003 AC.)
(REMAINDER OF 18.904 AC. )
TRACT 5. EXHIBIT A 9
WTF. LLC
DESCRIBED III \
DDC. NO. 2002071335
I
DOC. NO. 2013109304
O.P.R.W.C.T.
WILL GALLfR
SUBDIVISION
b
CAB, L, SL.
326
Fa isr!'
v
P. R. W. C, T.
P. 0. B.
rt
I
a D
r
A16 s•
5-E
PARCEL 6-E
03 3?.1
I
17, 14
,
0. 001 ACRE
62n4541LT
111
57 SO. FT.
R. 0. R.
0
"OPOSED -n.0 IY
E15:1STItyG ti, 0. 1Y.
�O
47t•00
A
~~fi 53'E 735
a
472.00
~`
473.00
R' M•
iR.O.;.
!
PRQ~ P.m.
574.00
_—
626' SBAEL
Whim VARIES,
NUMBER
DIRECTION
DISTANCE
L I
N07* 25' 07' E
1 1. 1 1'
L2
N82' 34' 53"IV
15.00'
L3
S07.25'07'W
4.15'
L4
N82`35'02•W
3.97'
L5
N64'03'37'W
16.70'
L6
S77.52'10"E
21.78'
L7
N35.40' 13 •£
11.34'
E N LA N Du
cEool=-r-Ics
�I PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX, 78681
(
PH. (S121236-12DO,FAX 6E2►233-12St t
PROPOSED R. 1d, 620 BASF LINE
PI STATION 476.96.46
DELTA - 13' 49' 04' trT)
DEGREE OF CURVE 01. 25' 57•
TANGENT 464,69
LENGTH 964.67
RADIUS 4000.00
PC STATION 472.11.76
PT STAIIOIJ 481.76,45
P, C. P, I.
P.
T.
X•3126796.5157 X•1127269.9227 X•3127754.4564
T•10160897.5E41 r. 10160793. 6254 Y•10160805.7422
PARCEL PLAT SHOWING PROPERTY OF
HAMMOCK RESTAURANTS. L.L.C.
SCALECSJ t PROJECT COUNTY
I" • 50' L RM 620 WILLIAMS
If 7bxes Department of Ronsportatlon
PARCEL 6-E
13
O
91
O
O
ED
X
A
6
0
PLAT TO
LEGEND
.. B ..
( PAI
TXDOT TYPE I CONCRETE MONUMENT FOUND
%2' IRON ROD SET W/ TXDOT ALUMINUM CAP
TO BE REPLACED BY TYPE Il MONUMENT
TXDOT TYPE II CONCRETE MONUMENT FOUND
'/2' IRON ROD FOUND UNLESS NOTED
'/2' IRON ROD FOUND W/PLASTIC CAP
COTTON GIN SPINDLE FOUND
PK NAIL FOUND
X CUT FOUND
60/D NAIL FOUND 0
CALCULATED POINT
%2" IRON ROD W/ ALUMINUM CAP
STAMPED "TXDOT' SET
(UNLES5 NOTED OTHERWISE)
REYi 09/06/16
PAGF 4 OF 5
Q PROPERTY LINE
RECORD INFORMATION
LINE BREAK
^1 LAND HOOK
P.O.B. POINT OF BEGINNING
P.O. R. POINT OF REFERENCE
N. T.S. NOT TO SCALE
D. R. W. C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
.R.W.C.7. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
P. R. W. C. T. OFFICIAL PUBL I C RECORDS
WILLIAMSON COUNTY. TEXAS
P. R. W. C. T. PLAT RECORDS
WILLIAMSON COUNTY. TEXAS
L 07 4 1
6-E
0.001 ACRE PARCEL 6-E
/ 57A. <73.17,I4 I
/ 57 SO. FT. 82.45 L7
Ev
L
L4� _ i LOT 3
JI
__ ll
1 N LA N Du
GEODETICS 1
PADrCSS10NAL LAND SURWYORS
1504 CHISHOW TRAIL RD, STE 103
ROUND ROCK, TX, 78681
8 Fil (512)238 1200. FAX (512)736-1251 6
P. 0. R. i
STA. 473+33.07
72. 24' LT
I
EXISTING R.O.W.
R. M. 620
DETAIL
+. T. s.
L PLAT SHOV41NIG PROPERTY OF
HAMMOCK RESTAURANTS. L. L.C.
SCALE (-. r i PROJECT I COUNT`
1' 50' 4 RV 620 WILLIAMSON
%res Department of 7Fensportef7on
PARCEL 6-E
EXHIBIT " B
T TO ACCOMPANY PA]
REVe 09/08/16
PAGE 5 OF 5
II All bearings shown hereon ore based on grid bearing. All distances are surface distances. Coordinates
ore surface values based on the Texas State Plane Coordlnote System, HAD 83. Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF N0.
9691-14-1016, ISSUED BY TEXAS AMERICAN Ti TLE COMPANY, EFFECTIVE DATE JANUARAY 17. 2014, ISSUE DATE
JANUARY 28, 2014.
I. RESTRICTIVE COVENANTSi CABINET L. SLIDES 326. PLAT RECORDS OF WILLiAMSON COUNTY, TEXAS, VOLUME 743.
PG. 360, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. DOCUMENT NO. 2013099111. OF THE OFFICIAL PUBLIC
TEXAS. ADS ND IINLDOCUMENTCNO. 2007032018D0OFMTHE OFFICIALSPUBLOIC RECORDS)OF'AWILLIAMSONOCOUTY, TEXAS,COUNTY
SUBJEET
TO,
IOC. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG F.M. 620 RIGHT-OF-WAY PROPERTY LINE OF THE SUBJECT
PROPERTY. AS STATED PER THE RECORDED PLAT THEREOF. AFFECTS AS SHOWN.
D. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE SOUTH 45 FEET OF THE WEST PROPERTY LINE OF THE
SUBJECT PROPERTY. AS STATED PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT.
E. A PARKLAND DRAINAGE AND PUBLIC UTILITY EASEMENT. VARYING IN WIDTH ALONG THE REAR PROPERTY LINE OF
THE SUBJECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF. {THE LIMITS OF THE 100 YEAR FLOOD PLAIN
ARE SHOWN AS BEING CONTAINED WITHIN SAID EASMENT), DOES NOT AFFECT.
F. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH, LOCATkD ADJACENT AND PARALLEL TO THE PARKLAND, DRAINAGE AND
STORMSEWER (PURL€C UTILITY EASEMENT), AS STATED PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT.
G. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE EAST PROPERTY LINE OF THE SUBJECT PROPERTY. AS
STATED PER THE RECORDED PLAT THEREOF. AFFECTS AS SHOWN.
H. AN EXISTING CITY OF ROUND ROCK EASEMENT 30 FEET IN WIDTH, AWARDED PER CAUSE NO. 83-154,TRAVERSES THE
REAR PORTION OF OF SUB.,ECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT,
A WASTEWATER EASEMENT 10 FEET IN WIDTH EXTENDING 101.1 FEET FROM THE EAST PROPERTY LINE OF THE SUBJECT
PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, DOES NOT AFFECT.
J. THE REAR PROPERTY LINE OF SUBJECT PROPERTY FOLLOWS THE CENTERLINE OF BRUSHY CREEK, AS SHOWN PER THE
RECORDED PLAT THEREOF, DOES NOT AFFECT.
K. A TELEPHONE LINE EASEMENT TO SOUTHWESTERN BELL TELEPHONE CO. BY INSTRUMENT RECORDED IN VOLUME 461,
PAGE 535, OF THE DEED RECORDS of WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
L. AN UNDIVIDED ONE HALF (1/2) INTEREST OF ALL OIL. GAS AND OTHER MINERALS, ROYALTIES, BONUSES. RENTALS
AND ALL OTHER RIGHTS IN CONNECTION WITH THE SAME, ALL OF WHICH ARE EXPRESSLY EXCEPTED HEREFROM AND
NOT INSURED HEREUNDER, AS SET FORTH BY INSTRUMENT IN VOLUME 739, PAGE 276, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, TITLE TO SAID MINERAL INTERESTS HAS NOT BEEN TRACED FURTHER, SUBJECT TO.
M. AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO T.P.&L. CO. BY INSTRUMENT IN VOLUME 797, PAGE, 544,
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT.
N, AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO T.P.&L. CO. BY INSTRUMENT IN VOLUME 797. PAGE. 546. OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT.
0. AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO T.P.&L. CO. AND SOUTHWESTERN BELL TELEPHONE COMPANY
BY INSTRUMENT IN VOLUME 1126, PAGE, 312. OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
P. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN RESTRICTIVE DECLARATION OF COVENANTS AND EASEMENTS
AGREEMENT BY INSTRUMENT IN DOCUMENT 9532511, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT
TO.
O. A JOINT ACCESS EASEMENT FOR INGRESS AND EGRESS LOCATED IN THE SOUTHEAST CORNER OF LOT 4. FOR USE BY
LOTS 3 AND 4, GRANTED TO BRIAN CALLAWAY BY INSTRUMENT IN DOCUMENT NO. 9628714. OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
R. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN EDWARDS AQUIFER PROTECTION PLAN BY INSTRUMENT IN
DOCUMENT NO. 2007034563, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SUBJECT T0,
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
0" / lye
M. STEPHEN TRUESDALE DATE,
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS. LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SU17E 103
ROUND ROCK. TX 78681
INLANDu
GEODETICS 1
PROiESS1ONAL LARD SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX 78681
( PN. (S12) 231.1200, FAX (512) 239-1251 X
PARCEL PLAT SHOWING PROPERTY OF
HAMMOCK RESTAURANTS, L.L.C.
SCALE CSJ" PROJECT COUNTY
I' . 50 RMI 620 WILLIAMSON
a Dapartmanl of 7Yartsporfaflon
PARCEL 6-E
EXHIBIT licit
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 in the public records: your Social
Security Number or your Driver's License Number.
M TrrprNhen
norm ROW -N•14
(Rev. 07113)
Page 1 of 3
DEED
RM 620 Right of Way
TxDOT ROW CSJ: 0683-01-092
TxDOT Parcel No.: 6
Grantor(s), whether one or more: HAMMOCK RESTAURANTS, L.L.C., a Delaware limited liability company
Grantor's Mailing Address (including county):
4205 Long Champ Drive
Austin, Texas --8746
Travis, County
Grantee: THE STATE OF TEXAS, acting by and through the Texas Transportation Commission
Grantee's Authority:
The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land
and such other property rights (including requesting that counties and municipalities acquire highway right of
way) deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed,
maintained, widened, straightened, or extended, or to accomplish any purpose related to the location,
construction, improvement, maintenance, beautification, preservation, or operation of a state highway or
turnpike project.
The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203
to acquire or request to be acquired such other property rights deemed necessary or convenient for the
purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the
flow o: traffic and promote the public safety and welfare on both non -controlled facilities and designated
controlled access highways and turnpike projects.
Grantee's Mailing Address (including county):
Texas Department of Transportation
Attn: Right of Way Administrator
7901 N. 1H 35
Austin, Texas 79; 61
Consideration:
The sum of Twelve Thousand and no/ 100 Dollars (S 12,000.00) and other good and valuable consideration to
Grantor in hand paid by the City of Round Rock, receipt of which is hereby acknowledged, and for which no
lien is retained, either expressed or implied. The consideration recited herein represents a settlement and
" N 14*
Form ROW -N-14
(Rev. 07113)
Page 2 of 3
compromise by all parties as to the value of the property herein conveyed in order to avoid formal ED
proceedings and the added expenses of litigation.
Property:
All of that certain tract or parcel of land in Williamson County, Texas, being more particularly described in
the attached Exhibit A (the "Property").
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made by Grantor and accepted by Grantee subject to the following:
Visible and apparent easements not appearing of record.
2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any
overlapping of improvements which a current survey would show.
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for (axes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and
assigns, to take and use all other minerals and materials thereon, therein and thereunder.
Grantor is retaining title to the following improvements ("Retained Improvements') located on the
Property, to wit: NONE
Access on and off Grantor's remaining property to and from the State highway facility shall be permitted
except to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A". Grantor
acknowledges that such access on and off the State highway facility is subject to regulation as may be
determined by the Texas Department of Transportation to be necessary in the interest of public safety or by
applicable local municipal or county zoning, platting or permitting requirements.
GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's
successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to Warrant
and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against
every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
EXECUTED on the date(s) of acknowledgement indicated below.
corm ROW -NM
(Rev 67113)
Page 3 o!3
GRANTOR:
HAMMMOCK RESTAURANTS, L.L.C.,
a Delaware limited liability company
Printed Name: ` c - �-s /� = JL
Its:
Acknowledgement
Siete of Texas
County of _ �IrPI�/ IS
This instrument was acknowledged before me on ``I �t 2-
---by
by , in the capacity and for the purposes and consideration
recited herein.
REGINA PRAE107e -12
,. � NO l0#1r>OW13 tary St blic to of Texas
R � FaftW
20, 2418
EXHIBIT 111)"
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That HAMMOCK RESTAURANTS, L.L.C., a Delaware limited liability company, 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 tate 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 (the "Property"), to -wit:
All of that certain 0.001 acre (57 SF) parcel of land situated in the J.M. Harrell Survey,
Abstract No. 284; and being more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes (Parcel 6PUE).
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 fines, water Iines, 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 casement, 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.
00369 [ 94.DOCa
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any
and all purposes which do not interfere with and prevent the use by Grantee of the easement, including
the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks,
gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the
easement any building or other structure such as a patio, swimming pool, sport court, storage shed,
accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any
reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over
the facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property,
structure, building, or other use inconsistent with the rights conveyed to Grantee by the Easement;
provided, however, before constructing any improvements, at least ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the easement, and
Grantor must first obtain the consent and approval from Grantee of the construction and location of any
improvements within the easement.
Grantee shall have the additional right to temporarily enter upon the remaining property of
Grantor if necessary for removing portions of any improvements which are bisected by the acquisition of
the Property or otherwise acquired or damaged by Grantee, and for cutting any additional bisected or
damaged improvements which are retained by Grantor at the line of bisection or as closely as possible
thereto in order to maintain the structural integrity of the remaining improvement, and for no other
purpose.
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 by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility easement for the purposes stated herein.
This Easement is being delivered in lieu of condemnation.
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 Iawfully claiming or to
claim the same or any part thereof.
IN WITNESS YVHEREOF, Grantor has caused this instrument to be executed on this the r
day of the month of , 2017.
GRANTOR:
HAMMOCK RESTAURANTS, L.L.C.,
a Delaware limited liability company
Printed Name: Tw — s A . 0 M - o --
Its: P., j, . 4
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged
o , 2017,
purposes and sideration therein expressed.
N
a REGINA PRADO
�~ My Ndjq 1D # 10094 13
Expires Fetxuely 2t1, 2019
00389194. DOC
before me on this the 11 day of the month
in the capacity and for the
Ssgna
IrILc f`�LA' 0
Printed Name
Notary Public, State of Texas
DocuSign Envelope ID: CEC20ED4-734E-497F-A772-50F15369958C
Form ROW -14-9
(Rev 07h I)
Page 1 of 3
ADMINISTRATIVE SETTLEMENT EVALUATION AND APPROVAL FORM
ROW CSJ: 0683-01-092
Highway: RM 620
Parcel No.: 6
Owner's Name: Hammock Restaurants, LLC
Approved Offer: $10,424
Owner's Counteroffer: $12,000*
Factors considered in evaluation:
1. Valuation Issues
County: Williamson
Project Limits: From: Deepwood
To: IH 35
Date Offer Sent: 7.21.17
Date Counteroffer Received: 10. 13.17
a, ❑Reconciliation of all available appraisals, including Owner's.
b. ® Other: (1) Consideration of alternate independent economic unit size proposed by.
owner. (2) Consideration of additional market time adjustment to current date (3)
AIternate improvement replacement costs provided by owner.
2. Legal Issues
a. ❑ Analysis of recent court awards on similar properties or projects.
b, ❑ Analysis of recent court decisions which may affect the outcome of a condemnation
action.
c. ❑ Analysis of previously unlitigated issues.
d. ❑ Other:
3. Cost Savings
a. ❑ Approximate cost to litigate through Special Commissioners' Hearing $7,SOQ
b. ❑ Approximate additional cost to litigate through jury trial $35,000
c. ❑ Other:
4. Timing Issues
a. ® Maintain project schedule. Utility relo target start date of 3.1.18_
Possession of this property is needed by:
Projected possession date, if settled is:
Projected possession date, if condemned is:
Letting date:
b. ❑ Other,
5. Other Issues
® * In addition to the 0.009 acre no.w. acquisition, the Proiect also requires acquisition of a 0.001
acre Public Utility_ Easement in order to accommodate the relocation of utilities._ The appraised value
for the PUE acquisition was $342. The owners have proposed a total administrative settlement of
$.13,000, and the City has allocated an increase to $658 of that total amount for the PUE acquisition
1,000 total), which the City would pay for and not be reimbursed by TxDoT. Therefore, TxDoT's
reimbursable portion of the administrative settlement for this aarcel would be $12,000;
w Nq *
DocuSign Envelope IDCEC20ED4-734E-497F-A772-5OF15369958C
Form RDW -N-9
(Rev. 07/11)
Page 2 of 3
** The following documents have been considered by this team and are incorporated by reference:
appraisals, appraisal review form, owner's counteroffer and supporting documentation.
Analysis and Conclusion
Our ® approval / ❑ disapproval recommendation is based on the items checked above and has been
evaluated as follows: (attach additional sheets as necessary)
The owner's attorney believes that there should be additional adjustments to the State's comparable
sales due to (1) a slightly smaller independent economic unit that assumed by the State which includes
only the developable portion of the property, (2) an adjustment to account for "bulk" sales of multiple
parcels to the same buyer which were all used as comparables, and (3) a market time adjustment to
account for a current date of valuation. All of these items appear to be areas where reasonable expert
minds can differ on adjustments, and as applied were within acceptable ranges which have been
approved throughout the project.
In addition, given the small size of the acquisition there is both a cost and time savings in approving the
administrative settlement versus proceeding with a contested condemnation suit.
Given these considerations, as well as the cost avoidance of having to proceed with condemnation
litigation, the administrative settlement team believes that the owner's proposal is within a range where
reasonable expert opinions could differ and could result if we were to proceed with a contested hearing,
and would recommend acceptance of the settlement by TxDoT as set out herein.
The City of Round Rock administrative settlement team has considered the above comments and this
administrative settlement of $12,000 ® is I ❑ is not recommended for approval as being reasonable,
justified, prudent and in the public interest.
Evaluation Date: 10.30.17
Number of Team Members: 3
Gary
Gerald Pohlmeyer
t) CXA
Don Childs
********************************************************************************
DocuSign E=nvelope !D CEC20ED4-734E-497F-A772-50F15369958C
Form ROW 4.9
(Rev. 07111)
Page 3 o(3
Occuftned by:
n�}
Right of Way Supervisor BODDrSE ®13426
Austin District
11/9/2017
Date
DocuSign Envelope ID. CEC20ED4,734E-497F.A772.50F15369958C
Parcels 6 & 6E, RM 620 PART TO BE ACQUIRED AND REMAINDER BEFORE THE ACQUISITION
Page 4.3
DocuSign Envelope ID: CEC20ED4-734E-497F-A772-50Fi5369958C
Parcels 6 & 6E, RM 620 DESCRIPTIONS AND ANALYSIS
ISI Raul Hornsby and Company 2.10
DocuSlgn Envelope ID: CEC20ED4-734E-497F-A772-50F15369959C
From: Don ChVd5
To: Don ChJWS
Subject: FW: Hammock Restaurants, Parcel 6 and 6E - RM 620
Date: Thursday, October 19, 2017 12:30:30 PM
Attachments: Imane001. ann
From: Christopher Clough [mailto:Clough@barronadier.com]
Sent: Thursday, October 19, 201712:27 PM
To: Don Childs <Don@scrriaw.com>
Subject: RE: Hammock Restaurants, Parcel 6 and 6E - RM 620
That's fine but I need the trail purchased in fee.
Christopher M. Clough
Managing Partner
-fw r 0 -w -
From: Don Childs [mailto:Don(@scrrlaw.com)
Sent: Thursday, October 19, 2017 12:25 PM C
To: Christopher Clough <CloughAbarronadler.com>
Subject: RE: Hammock Restaurants, Parcel 6 and 6E RM 620
How about if I pay $13K for the RM620 acquisition, and then add an additional $21K over our offer for
the trail area purchase transaction (which we can have executed at the same time)? That gets to the
same result in the end, and I can make it work better if I allocate the cost.
Don Childs
Sheets & Crossfield, P.C.
512-255-8877 (x225)
From: Christopher Clough[mailto:Clough(@barronadler.cam]
Sent: Friday, October 13, 2017 4:54 PM
To: Don Childs <Don(@scrrlaw.com>
Subject: RE: Hammock Restaurants, Parcel 6 and 6E - RM 620
I mean I only got $15K. He wanted way more than that and I had to disabuse him of a lot of ideas...
Seems a bit penny pinching to me.
If you can buy the other piece In fee for what you offered could you get to $15K2
Christopher M. Clough
Managing Partner
DocuSign Envelope Ib: CEC20ED4.734E-497F-A772-50F15369958C
BARRON, AOLER
CLOUGH &OODO
J.
gloughe-barronadler.com I www.barronadier.com
T: (512) 478-4995 I Fa: (512) 478-6022
From: Don Childs (mailto:Don (&scrrlaw.coml
Sent: Friday, October 13, 2017 4:52 PM
To: Christopher Clough <ClouEb( barronadler.com>
Subject: FW: Hammock Restaurants, Parcel 6 and 6E - RM 620
The City Transportation Director bought into some of this, but not all. He only wanted to go to
$13,000.
Don Childs
Sheets & Crossfield, P.C.
512-255-8877 (x225)
From: Christopher Clough [mail to:Cloughftarmnadler.coml
Sent: Wednesday, October 11, 2017 1:14 PM
To: Don Childs <Don@scrrlaw.com>
Subject: Hammock Restaurants, Parcel 6 and 6E - RM 620
On behalf of the landowner in this matter, we propose the following resolution.
Land Value.
Your appraiser relies on 5 sales from one development, most of which all sold to the same buyer.
We believe there is some bulk sale discount for these sales that your appraiser has not accounted
for. In addition, these sales are all in excess of 1 acre. While your appraiser believes that the
appropriate economic unit for the subject is 1 acre, that overstates the size of the actual economic
unit. The actual economic unit is as shown on the attached (less the area X'd out) — the appraiser
has included property that is really part of the creekway in his calculation. The actual economic unit
is closer to .8 acres. Of your appraisers sales, the only one that is not part of the bulk sale and is for
a parcel that is less than 1 acre and close to .8 acres is comparable sale 6. Sale 6 had an adjusted
price per your appraiser of $28.58/SF as of May 2017. Applying your appraiser's .5% per month
adjustment for time and assuming a November 2017 purchase results in an increase to that price of
3% (6 months @ .S%), which results in a land value of approximately $30/SF.
Applying that land value to the property taken is:
375 SF x $30/SF = $11,250
DocuSign Envelope ID: CEC20FD4-734E-497F-A772-50Fi5369958C
Most PUE takings that we see are valued at 75%. 1 had a hearing this week against the City of
Georgetown where Chris Griesbach valued a PUE at 65% (1 can provide this appraisal if necessary).
Using 75% and applying it to the PUE taking in this case results in the following:
57 x $30/5F x 75%= $1,283
Improvements in the Taking
The best price we can find for concrete in Central Texas right now is $6/5F, and frankly that is
conservative. To that one must add indirect costs and entrepreneurial profit, which we have
estimated at 15% total. That runs the price for concrete to approximately $7/SF.
in addition the concrete at the subject is in good working condition and is not that old. Our client
estimates that the depreciation should be no more than 20%.
Utilizing those values, the price for the concrete taken should be:
275 x $7 x 80% = $1540
In addition, there is a total of $190 for the mailbox (in the part taken and cost to cure) plus $540 for
landscaping.
Totaling these values:
Land in Taking:
$11,250
PUE:
$1283
Concrete:
$1540
Mailbox:
$190
Landscaping:
$540
Total: $14,803, say $15,000
Our client will resolve this matter for $15,000.
In addition, you had asked about our client executing documents In connection with providing access
to the adjacent parcel. Our client has authorized me to review the documents and has advised that
he will sign them once I have reviewed.
Please provide the documents as well as your agreement to these terms on compensation and I will
help you move this forward.
Chris
City of Round Rock
ITEXAS
OUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with Hammock Restaurants,
L.L.C. for the fee simple purchase of a 0.009 acre tract of land and public
utility easement acquisition for that certain 0.001 acre tract of land in
connection with the construction of improvements to RM 620 (Parcels 6 and
6PUE).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/26/2018
Dept Director: Gary Hudder
Cost: $13,000.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments. 00393659.PDF, 00393930.PDF
Department: Transportation Department
Text of Legislative File CM -2018-1618
Consider executing a Real Estate Contract with Hammock Restaurants, L.L.C. for the fee
simple purchase of a 0.009 acre tract of land and public utility easement acquisition for
that certain 0.001 acre tract of land in connection with the construction of improvements to
RM 620 (Parcels 6 and 6PUE).
The original appraised value for this r.o.w. and PUE acquisition was $10,766. TxDoT
approved an administrative settlement amount of $12K for the r.o.w. purchase, which is
90% reimburseable by the State. The City Transportation Department approved an
administrative settlement amount of $1 K for the PUE purchase, which is not reimburseable
by the State.
Cost: $13,000
Source of Funds: RR Transportation and Economic Development Corporation
City of Round Rock Page 1 Printed on 1/23/2018