R-12-04-12-11D1 - 4/12/2012 RESOLUTION NO. R-12-04-12-11D1
WHEREAS, the City desires to purchase certain property interests necessary for the Sports
Complex Project, and said tracts are described as follows ("Property"): a 2.8496 acre tract of land, in
fee simple(Tract 1) and a 0.4236 acre tract of land, as an easement only (Tract 2), and
WHEREAS, Leroy L. Lange, the owner of the Property, has agreed to sell said Property to the
City,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Leroy L. Lange, 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 12th day of April, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: dAt
4 myt •
SARA L. WHITE, City Clerk
09wdox\SCC1nts\0112\1204\MUNICIPAL\00247345.DOC/me
EXHIBIT
"A„
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract') is made by and between LEROY L.
LANGE(referred to in this Contract as"Seller,)and the CITY OF ROUND ROCK(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 foilows:
Tract 1: 2.8496 acres,more or less,in fee simple,as shown on Exhibit"A",attached
hereto and incorporated herein;and
Tract 2: 0.4236, more or less, as an easement only, as shown on Exhibit "II",
attached hereto and incorporated herein;
Tracts 1 and 2 are referred to herein as the Property.
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,for the consideration and
upon and subject to the terms,provisions,and conditions set forth below.The final description of
the Property acquired herein will be as determined by a final survey piepared at the request of and
at the sole cost of,the Purchaser.
ARTICLE II
P>JRCHASE PRICE
Purchase Price and Additional Compensation
2.01. The purchase price for the Property shall be the sum of THREE HUNDRED
THOUSAND AND 00/100 dollars($300,000.00).
2.02. As additional compensation Purchaser shall be solely responsible for the installation
of a fence separating the Property from Seller's remaining tract.
Pa ment of Parchase Price
2.02.The Purchase Price shall be payable in cash at the closing.
ARTICLE III
PURCHASE,R'S OBLIGATIONS
Conditions to Purchaser's Obligation
3.01. The obligations of Purchaser hereunder to consummate the tMilsactions
contemplated hereby are subject to the satisfaction of each of the conditions set forth on Schedule
Prior to the closing.)
C of the Title Commitments(any of which may be waived in whole or in pant by Purchaser at or
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
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.
(2) Seller has complied with all applicable laws,ordinances,regulations,statutes,rules
and restrictions relating to the Property,or any part thereof.
2
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Texas American Title Company ("Title
Company') on or before the 23a' day of April, 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 of 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 Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title in fee simple to Tract 1, free and clear of any and all liens
and restrictions,and an Basement to Tract 2,except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof;and
(c) Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the fill amount of the purchase price, insuring j
Purchaser's fee simple title to the Property subject only to those title exceptions listed herein,such
other exceptions as may be approved in writing by Purchaser;and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy,provided,however:
(a) The boundary and survey exceptions shall be deleted;
r
(b) The exception as to restrictive covenants shall be endorsed "None of
Record;"and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property if'lot previously done.
3
Purchaser's Obligalions at Closins
5.03.At the Closing,Purchaser shall:
(a) Pay the cash portion of the purchase price and additional compensation.
Proration
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. If the closhV 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 tate for the next preceding year applied to the latest assessed valuation.
Agricultural roil-back taxes,if ally,shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shalt 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
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions
of this Contract, Purchaser has delivered to Title Company the sum of One Hundred Dollars
($100.00), the Escrow Deposit, which shall be paid by Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given written notice to Title
Company that one or more of the conditions to its obligations set forth in Article III have not been
met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in
Article III,then the Escrow Deposit shall be forthwith returned by Title Company to Purchaser.
I
I
I
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i
4 !
ARTICLE VII
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 shall be forthwith returned by Title Company to Purchaser.
ARTICLE Vill
BREACH BY PURCHASER
In the event Purchaser should fail to consrunmate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder,Seller shall have the right to receive the
Escrow Deposit from Title Company, the sum being agreed on as liquidated damages for the
failure of Purchaser toerform the duties,liabilities,and obligations imposed upon it by the terms
and provisions of this Contract,and Seller agrees to accept and take this cash payment as its total
damages and relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
MISCELLANEOUS
&lice
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.
5
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.
Gende
9.07.Words of any gender used in tlris 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
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.
6
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 (lie Contract. Signatures transmitted by facsimile may be considered effective as
originals for purposes of this Contract.
[signafro-elyage follows]
7
SULLRR:
LBROY L.LANGE
Date:
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw,Mayor
Date:
8
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IRrOUNDROCK,TExAs City Council Agenda Summary Sheet
URPOSE.PASSION.PROSPERITY.
Agenda Item No. 11D1.
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Leroy
Agenda Caption: Lange.
Meeting Date: April 12,2012
Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary:
The City of Round Rock Sports Complex is currently under development at 2400 Chisholm Trail Road; as a part of this
project, the Transportation Department has been working diligently on improvements to Chisholm Trail Road and a
secondary access point for the Sports Complex site.
This real estate contract with Mr. Leroy Lange will secure a secondary access point to the Sports Complex along the
northern edge of the property, and it will "square off" the Sports Complex property so that it will become a more
developable shape. This contract consists of 2.850 acres of fee title acquisition and the acquisition of an easement
which will complete the connection to Chisholm Trail Road. The easement was necessary instead of fee title
acquisition because this area is already encumbered by an access easement which grants access to a cellular tower
on Mr. Lange's property. In negotiations with Mr. Lange, he expressed concern that fee title acquisition of this
easement would interfere with the cellular tower site; therefore, at Mr. Lange's request only an easement is sought
in this area. Because this access drive is never intended to be a public roadway, staff is in agreement with this
arrangement. This arrangement will not interfere in anyway with access to the cellular tower site.
The total amount of this contract is $300,000; the acquisition of property to secure secondary access to the Sports
Complex was included in Amendment#26 to the Transportation Capital Improvement Program budget approved by
the Type B Corporation and the Council on March 10,2011.
Cost: $300,000
Source of Funds: Round Rock Transportation& Economic Development Corporation
Date of Public Hearing(if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENTS
FOLLOW
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between LEROY L.
LANGE(referred to in this Contract as"Seller")and the CITY OF ROUND ROCK(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 tracts)of land described as follows:
Tract 1: 2.8496 acres, more or less, in fee simple,as shown on Exhibit"A",attached
hereto and incorporated herein;and
Tract 2: 0.4236, more or less, in fee simple, as shown on Exhibit `B", attached
hereto and incorporated herein;
Tracts I and 2 are referred to herein as the Property.
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, for the consideration and
upon and subject to the terms, provisions, and conditions set forth below. The final description of
the Property acquired herein will be as determined by a final survey prepared at the request of and
at the sole cost of,the Purchaser.
ARTICLE II
PURCHASE PRICE
Purchase Price and Additional Compensation
2.01. The purchase price for the Property shall be the sum of THREE HUNDRED
THOUSAND AND 00/100 dollars ($300,000.00).
2.02. As additional compensation Purchaser shall be solely responsible for the installation
of a six(6")foot,chain link fence separating the Property from Seller's remaining tract.
1,-l2-Oh-l2- Lto
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the conditions set forth on Schedule
C of the Title Commitments (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
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.
(2) Seller has complied with all applicable laws,ordinances, regulations, statutes, rules
and restrictions relating to the Property,or any part thereof.
2
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Texas American Title Company ("Title
Company") on or before the 23'h day of April, 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 Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title in fee simple to Tract 1 and 2, free and clear of any and all
liens and restrictions,except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof,and
(c) Any exceptions approved by Purchaser in writing.
(2) 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 to the Property subject only to those title exceptions listed herein, such
other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy,provided,however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record;"and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property if not previously done.
3
Purchaser's Obligations at Closing
5.03.At the Closing,Purchaser shall:
(a) Pay the cash portion of the purchase price and additional compensation.
Proration
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. 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 imposed 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:
(1) Owner's Title Policy and survey to beaid b Purchaser.
P Y
(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
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions
of this Contract, Purchaser has delivered to Title Company the sum of One Hundred Dollars
($100.00), the Escrow Deposit, which shall be paid by Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given written notice to Title
Company that one or more of the conditions to its obligations set forth in Article III have not been
met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in
Article III,then the Escrow Deposit shall be forthwith returned by Title Company to Purchaser.
4
ARTICLE VII
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 shall be forthwith returned by Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit from 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.
ARTICLE IX
MISCELLANEOUS
Notice
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.
5
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
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.
6
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.
9.12 The Property is being acquired under the threat of eminent domain.
signature page follows]
7
SELLER:
4LEY LLANGE
Date: 4' l
PURCHASER:
CITY OF ROUND ROCK
By: a rh
Alan McGraw,Mayor
Date:A' 2,t
8
K IHBIT "A"
METES AND BOUNDS DESCRIP'I10N
OF A
2.850 ACRE TRACT OF LAND OUT OF TBE
LEROYL.LANGE AND W1FB,RUTH S.LANGE TRACT
LOCATED IN THS CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING a 2.850 acre(124,128 square feet)tract of land situated in the David
Carry Survey,Abstract
No. 130,City of Round Rock,Williamson County,Texas;said 2.850 acre tract being a portion of the
remainder of that certain called 396.2 acre tract of land described in a Warranty Deed to Leroy L.
Lange and wife,Ruth S.Lange,filed on December 23, 1986,and recorded in Volume 1462,Page 240
of the Official Records of Williamson County,Texas(O.R.W.C.T.);said 2.850 acre tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 1%2 inch iron rod found for an interior corner of the herein described tract and said
396.2 acne remainder tract,same marking the common northwest corner of Lot 1,Block A,American
Freightways Addition,filed on March 9, 1999,and recorded in Cabinet Q,Slides 354-355 of the Plat
Records of Williamson County,Texas(P.R.W.C.T.)and the northernmost corner of Lot 1,Replat of
Calcasieu Lumber Addition,filed on September 19, 1997,and recorded in Cabinet P,Slides 16-17,
P.R.W.C.T.;
THENCE,South 34°55'54"West,with the northwest line of Lot 1 of said Calcasieu Lumber Addition,
at a plat distance call of 591.94 feet passing the northernmost northwest comer of said Lot 1,continuing in
all a total distance of 599.70 feet to a V2 inch iron rod with orange plastic cap stamped"Wallace Group"
(hereaRer referred to as"Wallace cap')found for the southwest corner of the herein described tract,said
point being on the east line of the Georgetown Railroad(having a record width of 50 feet at this location);
THENCE,with the east line of said Georgetown Railroad,the following three(3)courses and distances:
1) North 00°49' 16" West,a distance of 39658 feet to a 12 inch iron rod with"Wallace cap"
found for an interior corner of the herein described tract and marking an angle point in the east line
of said Georgetown Railroad;
2) South 69°05104"West,a distance of 532 feet to a 1/2 inch iron rod with"Wallace cap"found
an exterior corner of the herein described tract and marking an angle point in the east line of said
Georgetown Railroad(having a record width of 40 feet at this location);
3) North 000 49116"West,a distance of 142.08 feet to a W inch iron rod with"Wallace cap"set
for the northwest comer of the herein described tract;
THENCE,North 870 29' 45" East,departing the east line of said Georgetown Railroad, and traveling
across the interior of said.396.2 acre remainder tract,a distance of 664.29 feet to a 5/8 inch iron rod with
plastic cap stamped`Town&Country"found for the northeast comer of the herein described tract,same
marking the northwest corner of that certain called 0.06 acre easement tract(Tower Parcel)described in a
Grant of Easement and Assignment of Lease,filed on September 16,2010,and recorded in Document No.
2010062266 of the Official Public Records of Williamson County,Texas(O.P.R.W.0 T.);
Page 1 of 3
Exhibit"A"continued
Description of a 2.850 acre tract
TBENCE,South 010 49' 35"East,with the west line of said 0.06 acre easement area, at a deed call
distance of 50.64 feet passing the southwest comer of said 0.06 acre easement tract,in all a total distance of
60.57 feet to a 1/2 inch iron rod with"Wallace cap"set for the easternmost southeast comer of the herein
described tract, said point also being on the north line of that certain called 0.115 acre tract of land
described in a Warranty Deed to The City of Round Rock,a Texas municipal corporation,filed on
May 23, 1980, and recorded in Volume 796,Page 843 of the Deed Records of Williamson County,
Texas(D R.W.C.T.);
THENCE,South 870 3614811 West,with the north line of said 0.115 acre tract,a distance of 2.95 feet to
a W inch iron read found for a corner of the herein described tract,same marking the common northwest
cornea of.said 0.115 acre tract and an exterior caner of said Lot 1, Block A, American Freightways
Addition;
Tl INCE,South 870 29' 45"West,with the north line of said Lot 1,Block A,American Freightways
Addition, a distance of 306.86 feet to the P+OR f OF BEGRCC4G of the herein described tract,
delineating and encompassing within the metes recited 2.850 acres(124,128 square feet)of land,more or
less,based on the survey and exhibit drawing made by The Wallace Group,Inc.,Round Rock,Texas in
March of 2012.
Basis of Bearings: Bearings are based on the Texas*State Plane Coordinate System (Central
Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby
certify that this metes and bounds description and exhibit drawing A4472 attached hereto were
prepared from an actual survey of the property performed on the ground and that the same is true and
correct.
®RAFT
Daniel M.Flaherty,R.P.L.S.#5004
The Wallace Group,Inc.
One Chisholm Trail,Suite 130
Round Rock,Texas 78681
Ph.(512)218-0065
Work Order No.22587
See attached Plat No.A-4472 03-21-2012
22587 FN02.doc Date
Page 2 of 3
CF,
�
> 0- SET 1/Y IRON ROD WnH ORANGE PLASTIC CAP
�.�'�° �►�;9.' A PORTION OF CALLED 3®6.2 ACRES STAMPED "WALLACE GROUP"
ap pSl�y„-t , ,y LEM L LANGE AND Wim, 0'" � 1/`r RON ROD Loa=07HERVASE NOW
-b :� W.QT.- OEM RECORDS V011mSON COUNTY. TEXAS
VIMME 140.PD.R.
AC 240 QR.WP-T.- a TKUL RWDRDs vmumsm COUNTY, TEXAS
O.R.W.C.T. PJLVLQT.- PLAT RECORDS VALLL4M90NI COUNTY. TEXAS
.L +O k• FILED: DECEMBER 23. 1988 0.06 ACRE O.P.R.NLQT.. OFFICIAL PUBLIC RECORDS wLuAMSON coum. TEXAS
Q`" Jt 3C' X W EASEMENT AREA
O R 0 G e PAR= le
O ¢Q`� GLOBAL, SIGNAL ACQUISITIONS IV LLC C
1'~
` f2'WD 51.HOW DOQ 02(10082266 � p�
J�4i� �O INJN CAP STAAA�ED QP.R.W.QT. d
P� �w&��Y" Fly: SEPTEMBER 16. 2010 d+ F
, - _ �MN RAD
p{�p N 8779'45*8 _ 664.0- r,
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c.ti z � ��y IEEE xoTB THE pTOFROUN sac
r/2 giAn►RQO .I°On �' OF VOLUME 796. PAGE 643 LINE TABLE
BSGLTNMG O.R.W:QT.
!!/IN ORANGE PLASTIC CAP �'c��' � 1 FlUEO MAY 23. 1900 � LWE BEARING DISTANCE
AMP£D "WAUAC E QM P" I LOT 1. BLOCK A L1 S 69'+DS'04' W 5.32'
L2 S 01 49'35' E 60.57'
AMERICAN FREIGHTWAYS ADDITION
a : { CABINET!, 9 G7 354-355 L3 S 8736'48' W 295'
{ FILED: MARCH 9. 1999
EXHIBIT ".A"
eo LOT l DRAI<I111G TO AGL'ONPANY AWZ& AND BOUNDS DESCRIPTION OP
1� I A Z850 ACRE TRdCT OF LAND
8 caLcaslEu PUJBERLATTO ADDITION 1 LOCATED IN THE DAVID CUAff SURVEY, ABSTRACT 130
CABINET P, SUDES 16-17 1 AND .DING A PDAMON OF Tss IMMUNDAR OP A CALM 3W 2 ACRS TP." OF LAND
a 1/2"IRON ROD PJLw C.T. l ASD.8'JC'RIBE,D IN A FARRAm7 Dzw TIO LSROY L. L&mz AND 11rIFS. jwm S. LAMZ
W& ORANGE PLASTIC CAP FLED: SEPTEMBER 19. 1997 RECIORIND IN VOLMN 1462. PAGN 240 OP TBR
_ srAUPEa ' CE " I i OFFICIAL Rte' AW OF WrZ"AM04V CWNTY. TEXAS
The Wallace Groin Inc.
One Chisholm Troli. Suite 130. Round Rode, Telcos 78681 (512) 24e-0065
Engineers ■ Architects m Planners ■ Surveyors
1.) ALL PROPERTY troRNERs FOUND ARE CONTROL
GENERAL N0 F-54 Waco * KUleen * Dallas * Round Rock
�
MONUMENTS. I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ���F�
2.) SUBJECT TO ANY AND ALL COVENANTS, THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND
RESTRAIRPLICABLE.s, EASEMEN75 AND CON00TTONs THAT
MAY SEE APSURVEYS IN THE STATE OF TEXAS. THIS THE 21ST DAY OF Ml .__ 2012
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT
TRACT. SURVEYED: 03-01-2011
4.) THIS DRAWNc IS ACCOMPANIED BY A METES AND DANIEL M. FLAHERTY, RPLS.NO. 5004 3 OF 3
BouNoB oEscRIPTION.
BEAMGS'ARE BASED ON THE TEXAS STATE p 200 400 PLAT NQ A-4472
PLANE DRAFT DATE 03-21-2012 DRAWN BY TAB
a 3.)
COORDINATE SYSTEM (CENTRAL ZONE. NAD83) SCALE WORK ORDER NO. 22537. FTE LDBOOK/.PG. 144&2 TAB # A-4472
WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPs DIGITAL FILE 22587R-BOUNDARY F/N 22587-FN02
COOPERATIVE CORS RTI( NETWORK. 0 2012 ALL RIGHTS RESERVED
EXHIBIT
METES AND BOUNDS DESCRIPTION
OFA
0.410 ACRE TRACT OFLAND OUT OFTHE
LEROY L.L ANGEAND WIM,RUI'H S.LONGE TRACT
LOCATED IN THE CITY OF ROUND ROCK,WR LIAMSON COUNTY,TEXAS
BEING a 0.410 acre (17,871 square feet)tract of land situated in the David Curry Survey,Abstract
No. 130, City of Round Rock, Williamson County, Texas; said 0.410 acre tract being a part of the
remainder of that certain called 396.2 acre tract of land described in a Warranty Deed to Leroy L.
Lange and wife,Ruth S.Lange,filed on December 23, 1986,and recorded in Volume 1462,Page 240
of the Official Records of Williamson County,Texas(O.R W.0 T.);said 0.410 acre tract being more
particularly described by metes and bounds as follows:
BEGDMG at a 518 inch iron rod found for the southeast corner of the herein described tract,same
being the northeast comer of a 20 foot wide right-of-way(R.O.W.)dedication as shown on the Final
Plat of American Freightways Addition, filed on March 9, 1999, and recorded in Cabinet Q, Slides
354-355 of the Plat Records of Williamson County,Texas(P.R.W.C.T.),said point also marking an
angle point on the west line of Chisholm Trail(having a variable width);
THENCE,South 87°33' 10"Wes4 with the north line of said R.O.W.dedication,at a plat distance call
of 20.03 feet passing the northwest corner of said 20 foot wide R.O.W. dedication, same marking the
northeast comer of Lot 1,Block A of said American Freightways Addition,continuing with the north line
of said Lot 1,Block A,in all a total distance of 547.89 feet to a U2 inch iron rod found for a corner of the
herein described tract and narking an exterior crooner of said Lot 1,Block A,same marking the northeast
comer of that certain called 0.115 acre tract of land described in a Warranty Deed to The City of
Round Rock, a Texas municipal corporation, filed on May 23, 1980, and recorded in Volume 796,
Page 843 of the Deed Records of Williamson County,Texas(D.R.W.C.T.);
TBENCE,South 870 36148"West,with the north line of said 0.115 acre tract,a distance of 4698 feet
to a calculated point for the southwest corner of the herein described tract,and from which a V2 inch iron
rod found marking the northwest comer of said 0.115 acre tract bears South 87° 36' 48" West, at a
distance of 5295 few
THENCE,North 02°26' 20"West,departing the north line of said 0.1 IS acre tract,traveling across the
interior of said 396.2 acre reminder tract,at a distance of 10.00 feet passing the southeast comer of that
certain called 0.06 acre easemcerrt tract(Tower PkW)described in a Granrof Easement and Assignment of
Lease, filed on September 16, 2010,and recorded in Document No.2010062266 of the Official Public
Records of Williamson County,Texas (O.P.R.W.0 T), continuing with the east line of said 0.06 acre
easement track in all a total distance of 30.00 feet to a calculated point far the northwest comer of the
herein described tract;
T14CE,departing the east line of said 0.06 acre easement tract,and traveling across the interior of said
396.2 acre remainder tract,the following two(2)courses and distances:
1) North 87°36' 48"East,parallel with and 30 feet north of the north line of said 0.115 acre tract,
a distance of 46.99 feet to a calculated point for a caner of the herein described;
Page 1 of 3
Exhibit"A"continued
Description of a 0.410 acre tract
2) North 87*33' 10"East,parallel with and 30 feet north of the north line of Lot 1.Block A of
said American Freightways Addition, a distance of 549.57 feet to a calculated point for the
northeast comer of the herein described tract,said point being on the common west line of said
Chisholm Trail and an east line of said 396.2 acre remainder-tract;
TIHNCB,South 00°48104"West,with the common west line of said Chisholm Trail and an east line
of said 3962 acre remainder tract,a distance of 30.05 feet to the POINT OFBEGI WR G of the herein
described tract,delineating and encompassing within the metes recited 0.410 acre(17,871 square feet)of
land,more or less,based on the survey and exhibit drawing made by The Wallace Group,Inc.,Round
Rock,Texas in March of 2012.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central
Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby
certify that this metes and bounds description and exhibit drawing A-4498 attached hereto were
prepared from an actual survey of the property performed on the ground and that the same is true and
cornett.
DRAFT
Daniel M.Flaherty,R.P.L.S.#5004
The Wallace Group,Inc.
One Chisholm Trail,Suite 130
Round Rock,Texas 78681
Ph.(512)218-0065
Work Order No.22587
See attached Plat No.A-4498 03-21-2012
22587 PN03.doc Date
Page 2 of 3
I
l d` �, { PaRTiaN OF CALL® 308.2 ACRES L60END
.�Q- LEROYR �LAAM Ute' •- FOUND 1/r IRON ROD UNLESS OTFffRMSE NOW
{ C, 4 gJ��9 q� VOLINrE 1462 PACE 240 DJLMLC.T•G OEID RECORDS. WILLIAMSON COUNIY, TE]GS
1 � ^1 O' `L ' FILED: DEC22% 1986 PJLVLC.T.. PLAT MA LIAMSON COUNTY, TOM
� { O.P.R.W.C.T.- OFFICIAL PUBLIC RECORDS NAWAMSON COUNTY, TEXAS
GJ G{OJ 30 FOOT WIDE ACCESS EASEMT
0 y�P G Q410 ACRE (17.871 SQ. FT.) 20' WIDE 0.31 ACRE
9 Oa CALLED a06 ACRE
50' X 50' EASEMENT AREA GLOBAL SIGNALACACOUISITIONS IV LLC
V 2255
�1� GLOBAL SIGN L ACQUISITIONS IV LLC " °0.P.R.W GT. q R
�. DOC. f�]0. 00822a6 N BM 48 E FILM SEPTEMBER 16, 2010 O
FLO: SEPTEMBER 18, 2010 �3 o• W
g N Q22+ti`20' N 87'33'1O" E - 'Sr /a"ARaV ROD H F
O 10' WIDE(TRACT
SEMENT '•jQOD' __.1�— 847.89' Q
O THE CITY OF ROUND ROCK �.._--- -----
S 87'3310 W — ► �`
p1 VOLUME 1053, PACE 320 /� UPIE 30.00' FIELD NOTE O
FILED: AUGUST Z 1984 1 S 8736'48" W 8738'48 W I POINT OF
q 1 S29S 4&W' CALLED 10' WIDE UTILITY EASEMENT I B8' NTNG
CALLED 0.115 ACRE GLOBAL OUND ROCX DOC. 02010082266 01�DD62TIONS IVTHE CITY OF LLC
VOLUME 6R PAGE 843OF.R.W. .T
FILED: SE 18. 2010 i
O.RW:C.T. I
FILED: MAY 23, 1980 LOT 1, BLOCK A
/ AMERICAN FREIGHTWAYS ADDITION
� CABINET P.SUDES R 354-355
/ FILED: MARCH 9, 1999
LOT 1 EXHIBIT "AREPLAT OF "
DJU1rr1V4" TO A=YPANT MWES AND BWNW DESCRIPTION OF
CALCASIEU I A 30 FIDOT NIDD 0.410 ACRS AWE5S XAS'E.1[SW
'
CABINET P��ADDITION
117 N 1 ZOCATED IN T1� DAVM CDRRT SURI7EY. ABSTRACT' 130
P.R.W.C.T.
FILED: SEPTEMBER t9, ]997 AND BBZJW A PAOF M MUWNDER OF A CAUAD 398.2 ACRTRACT'
E OF LAND
Y ` RT
A3 D=WBRD IN A WARRAMT DM.T'0 I.8'RDT b ZAMw AND 17Fz, RUTS S. LAmF
1 PJWRDBD IN PORW 148A PACE 240 OF MY
t I OFFI A" JWIDRDIS OF t ZZMAl50N COUNTY. TEXAS
The Wallace Groups Ina
One Chisholm Trop. Suite 130. Round Rock. Texas 78881 (812) 248-0065
C°N° - NOi Waco * Killeen * Dallas * Round Rock
Engineers in Architects Ill Planners ■ Surveyors
i 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL PE DRAFT
MONUMENTS TO 1 HEREBY STATE THAT THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
2.) SUBJECT TO ANY AND ALL COVENANTS, THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAN
MAYRE AP"BM NO CONDITIONS THAT SURVEYS IN THE STATE OF TEXAS. THIS THE 21ST DAY OF MARCH 2012
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT
" TRACT. SURVEYED: 03-01-2011
4.) THIS ORAMG IS ACCOMPANIED BY A METES AND DANIEL M. FLAHERTY. RPLS NO. 5004 3 OF 3
BOUNNG DESCRIPTION.5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE 0 200 4)0 PLAT NO. A-4498 DRAFT DATE 03-21-2012 DRAWN BY TAB
COORDINATE SYSTEM (CENTRAL ZONE, NAD83) SCALE WORK ORDER NO. &M FIELDBOOK/PG. I"1W TAB i A-4498
WHICH IS BASED
ON LWAS CENTRA"TEW GPS DIGITAL FILE 225878-BOUNDARY F/N 22587-FN03
ODOPERA71VE CORS RTK NETWML 0 2012 ALL RIGHTS RESERVED