R-2018-5422 - 5/10/2018 RESOLUTION NO. R-2018-5422
WHEREAS, the City of Round Rock ("City") desires to purchase right of way necessary for
the RM 620 Right of Way Project, and said tracts ("Property") are described as follows: All of that
certain 0.041 acre (Parcel 27) and a 0.048 Public Utility Easement (Parcel 27PUE), and
WHEREAS, McDonald's Corporation, 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 McDonald's Corporation, 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 10th day of May, 2018.
CRAIG ORPk,
ayor
City o Roundexas
ATTEST:
13tfa L, .4w+
SARA L. WHITE, City Clerk
0112.1804;00400201
EXHIBIT
«A»
REAL ESTATE CONTRACT
RM 620 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
MCDONALD'S CORPORATION, a Delaware corporation, (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 0.041 acre (1,793 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 27); and
Public Utility Easement interest in and across all of that certain 0.048 acre (2,101
square foot) tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in
Williamson County, Texas; said tract of land being more fully described by metes
and bounds in Exhibit "B", attached hereto and incorporated herein (Parcel
27PUE);
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 II
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 TWO HUNDRED EIGHTY-FIVE
THOUSAND and 00/100 Dollars ($285,000.00).
00399603.DOC
2.02. The Purchase Price for the public utility easement interest portion of the Property
described in Exhibit "B" shall be the sum of FIFTEEN THOUSAND and 00/100 Dollars
($15,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the Closing.
Special 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.
2.05. Purchaser shall provide Seller with thirty (30) days written notice before its initial
entry onto the property purchased in fee simple to perform construction activities, by providing a
30 day notice to vacate. Written notice to seller shall be provided to the following:
Chris Domengeaux
Texas Property Manager
South Texas Field Execution Team
McDonalds Corporation
3703 Cypress Creek Parkway, Ste. 300
Houston, TX 77068
Chn.s.domen.ge;auxru us.MCtI.COM
2.06 Purchaser agrees to reconstruct access into the remainder property (and to tie-in the
new driveway to existing internal drives on the remainder property) in the same relative location
as the pre-taking access, with the access drive to be constructed to be of same quality, materials
and specifications as the pre-taking access, including the same grade and drainage as existed
before the taking, and further in substantial compliance with the plans, notes and specifications as
shown in Exhibit "C" attached hereto. To the extent necessary, execution of this Contract shall
provide Purchaser with permission for Right of Entry to complete the tie-in and access
reconstruction. Purchaser agrees that access to the property via all driveways shall remain open at
all times during construction, unless otherwise agreed to with Seller in advance.
2.07. Purchaser agrees that landowner may retain the directional drive-thru sign(s) located
in the Property described in Exhibit "A" so long as said signs are removed prior to the expiration
of the 30-day notice to be provided pursuant to Paragraph 2.05 herein.
2
2.08. Prior to initial entry upon the Public Utility Easement property to construct the
proposed water line facility installation as set out in Exhibit "D" attached hereto, Purchaser shall
provide Seller with a minimum of seven(7) days written notice of intent to perform such activities
within the Easement area. Written notice shall be provided in the same manner as set out in
Section 2.05 herein.
2.09. Purchaser agrees that it shall relocate existing water meters and back flow
preventers in the property described in Exhibit "A" hereto, and reconnect same to the new water
line to be installed by Purchaser such that water supply to the existing McDonalds restaurant shall
be continuously maintained throughout Purchaser's project.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof,
4.02. The Property herein is beingc_onveyed to Purchaser under threat of condemnation.
3
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
May 31, 2018, or at such time, date, and place as Seller and Purchaser may agree upon, or within
10 days after the completion of any title curative matters if necessary for items as shown on the
Title Commitment or in the contract (which date is herein referred to as the"Closing Date").
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, including specifically a partial release of the existing tenant lease for the
Property described in Exhibit"A", except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof, and
(c) Any exceptions approved by Purchaser in writing.
(2) The Deed to the State of Texas shall be in the form as shown in Exhibit "E" attached
hereto. The Public Utility Easement to the City of Round Rock shall be in the form as shown in
Exhibit"F" attached hereto.
(3) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring each
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(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
4
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property, subject to Paragraph 2.05 herein.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property acquired in
fee simple shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. If
the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of
taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest
assessed valuation. Agricultural roll-back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
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.
5
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
6
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.
7
SELLER:
MCDONALD'S CORPORATION,
a Delaware corporation
By: Address:
Its:
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Round Rock, Texas 78664
Its:
Date:
8
Reissued 12104116
e Page 1 of 4
EXHIBITA_
1
County: Williamson
Highway: R. M. 620
Limits: Deepwood Dr. to IH 35
CSJ: 0683-01-092
PROPERTY DESCRIPTION FOR
PARCEL 27
DESCRIPTION OF A 0.041 ACRE (1,793 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 1, OF THE MCDONALD'S ADDITION SUBDIVISION RECORDED IN CABINET X, SLIDES 51-52
OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO MCDONALD'S
CORPORATION BY INSTRUMENT RECORDED IN VOLUME 1759, PAGE 64 OF THE OFFICIAL
RECORDS OF WILLIMSON COUNTY, TEXAS, SAID 0.041 ACRE (1,793 SQUARE FOOT) PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS-
BEGINNING FOR REFERENCE at a %" iron rod found, 267.50 feet right of proposed Ranch to Market
(R.M.) 620 baseline station 505+97.13, being the easterly boundary line of Lot 3 of the Final Plat of
Market At Round Rock recorded in Cabinet H, Slides 187-188 of the Plat Records of Williamson County,
Texas and conveyed to Regency Centers, LP by instrument recorded in Document No. 9920260 of the
Official Records of Williamson County, Texas, same being the northwesterly corner of Lot 2 of said
(Market at Round Rock subdivision), same being the southwesterly corner of said Lot 1 (McDonald's
Addition subdivision);
THENCE with the common boundary line of said Lot 3 (Market At Round Rock subdivision)and said Lot 1
(McDonald's Addition subdivision), N 05°02'12" E for a distance of 205.95 feet to a Y2" iron rod with
TxDOT aluminum cap set, 68.00 feet right of proposed R.M. 620 baseline station 506+49.55, being the
curving proposed southerly right-of-way (ROW) line of R.M. 620 (ROW width varies), for the most
southwesterly corner and POINT OF BEGINNING of the herein described parcel;
1) THENCE departing said proposed southerly ROW line, continuing with said common boundary
line, N 05002'12" E for a distance of 14.27 feet to a 12" iron rod found, for a point of curvature in
the existing southerly right-of-way ROW line of R.M. 620 (80' ROW width), being the most
northeasterly corner of said Lot 3 (Market At Round Rock subdivision), same being the most
northwesterly corner of said Lot 1 (McDonald's Addition subdivision), for the most northwesterly
corner of the herein described parcel;
2) THENCE with said existing southerly ROW line of R.M. 620, same being the northerly boundary
line of said Lot 1 (McDonald's Addition subdivision), along said curve to the left, having a delta
angle of 02°44'48", a radius of 1,949.86 feet, an arc length of 93.47 feet, and a chord which
bears S 7303934" E for a distance of 93.47 feet to a calculated point of intersection of said
southerly existing ROW of RM 620 and the westerly ROW line of the south bound frontage road
of IH 35 (ROW width varies), being the most northeasterly corner of said Lot 1 (McDonald's
Addition subdivision), and from which a broken TxDOT Type I concrete monument found bears N
75029'57"W at a distance of 1.70 feet;
Reissued 12/04/15
Parcel 27
Page 2nf4
3) THENCE departing the existing southerly ROW line ofR.M. 820. with said existing |H 35 ROW
Uno, same being the easterly boundary line of said Lot 1 ((McDonald's Addition subdivision),
S 46"21111" Efor a distance of 40.69 feet to o Y2" iron rod with TxOOTa{um|num cap set, (to be
replaced with TxDOT Type || monument), 08.00 haet, right of proposed R.M. 020 baseline station
506+72.88. in the curving proposed southerly ROW line of said R.M. 820. for the most
southeasterly corner ofthe herein described parcel;
4) THENCE with said proposed southerly ROW |ine, through the interior of said Lot 1, along o curve
to the right, having a delta angle of 03011'32'", e radius of 2,278.00 feet, an arc length of 126.92
feat, and a chord vvh/oh bears N 71038`011' W for o distance of 126.90 feet to the POINT OF
BEGINNING, containing 0.041 acres(1.783 square feet)of land, more or less.
This property description |aaccompanied byaseparate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
42O3. NAD 83.
THE STATE OFTEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFVV|LL|AW1SON §
That /. M. Stephen Truaada/e' o 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 KXYHAND AND SEAL a(Round Rock, Williamson County, Texas,
EXHIBIT t, A .
PLAT TO ACVOMPATNY PARCEL DWRIPTION Reloslued 12/04/15
PAGE 3 OF 4
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
C 1 020 44' 48" 1949. 86' 93. 47' 93. 47' 573039' 34"E
(cl ) (020 42' 3 1 " 1949, 86' (92. 18' (92. 17' ) (S72" 21 '23"E)
C2 03- 1 1' 32" 2278.00' 126. 92' 126.90' N71* 33'01 "W
C4 0000821 ' 2278.00' 5. 53' 5. 53' 1 N69*53'05"W
NUMBER D I RECT I ON D I STANLflPROPOSED R.M. 620 BASELINE
PI STATION - 50661.32 0 25 50
Ll N05*02' 12''E 14. 27' DELTA = 080 44, 04, iLT)
DEGREE OF CURVE = 02* 35' 33*
TANGENT - 168.78
LENGTH 336.90 50'
RADIUS
2210.00
PC STATION - 504-92.55
P.C. PT STATION
P. 1. z 508+29.45
P.T.
X=3129984.2848 X-3130141.2941
X=3130305.8858
Y=10160295.0466 Y-10160233. 1239 Y-10160195.7621
56828'35'E 883.35' 50500
506+00 507+00
PROPOSED R.M. 620 BASELINE
+
R. M. 620
700' R.O.W. WIDTH)
u
CL
-AEXISTING R.O.W.. CI
(Cl
91
0 PROPOSED R.0.w,
05�
SEE DETAIL 0
EE DETAIL *A'
10
69,
.;N.
C2
P.0. B. STA. 506-72.68-:T
PROPOSED 15l PARCEL 27 27 68.00' RT
EASEHENT
STA. 505-413.55 /Avc
0.0 1 AC. RK
68.00' RT 1. 793 SO, FT MCDONALD'S CORPORATION
VOL. 1759, PG. 64 61,
O.R.W.C. T.
McDONALD'S ADDITION
ul CAB, X, SL. 51-52
LOT I P.R.W.C. T.
�
(1.017 AC.2)
IF I NAL PLAT OF
MARKET AT ROUND ROCK 0
CAB. H, SL. 187-188 vn
P.R,w.C. T.
�LP,
LOT I
STA. 505+44. 19 27 (1.017 AC. )
68.00' RT 19
R R. M. 620 ,1 Q
0
C C4
2 Cl
A c LOT 3 EX I ST I NG
P.0. B. R.O.W. (C P
PARCEL
STA. 505-49�:L-/ 3 '5
C2
68.00' RT LOT 3 4� N75* 295
1 . 70?
LOT 2
P. 0. R.
DETAIL A„ F F INAL PLAT OF 27
N. T. S. PARCEL 27 k4ARKET AT ROUND ROCK
STA. 505+97. 13
1 0 P.
50, RT CAB. H, SL. 187-188
REGENCY CIENTERS, LP P.R.W.C. T. DETAIL "B"
DOC. NO. 9920260 N. T. S.
0. R.,w. C. T.
------------------
................................................ PARCEL PLAT '-SHOWING PROPERTY OF
I N L A N Du Aozk
GEODETICS J MCDONALDtS CORPORATION jr7iexas Department of 7),ansportatlon
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE, 103
ROUND ROCK,TX.78681 SCALE csi # I PROJECT COUNT PARCEL 27
PH,(512)238-1200,FAX(512) 1 " = So' 1 0683-01-092 RM 620 IM LL I AVISON
EXHIBIT 11A2
ed 15
PLAT TO ACCOMPANY PARCEL DESCRIPTION RelssuPAGE 42/04/1OF I
LEGEND
0 TXDOT TYPE I CONCRETE MONUMENT FOUND Z PROPERTY LINE
91 1/2" IRON ROD SET W1 TXDOT ALUMINUM CAP RECORD INFORMATION
TO BE REPLACED BY TYPE If MONUMENT LINE BREAK
F±1 TXDOT TYPE 11 CONCRETE MONUMENT FOUND r-_J LAND HOOK
P.O. B. POINT OF BEGINNING
'12" IRON ROD FOUND UNLESS NOTED P.O. R. POINT OF REFERENCE
0 '/2' IRON ROD FOUND W/PLASTIC CAP N. T. S. NOT TO SCALE
0 COTTON GIN SPINDLE FOUND D.R.W.C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O.R.W.C.T. OFFICIAL RECORDS
60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS
O-P.R.W.C. T. OFFICIAL PUBLIC RECORDS
A CALCULATED POINT WILLIAMSON COUNTY, TEXAS
0 1/2" IRON ROD W/ ALUMINUM CAP P.R.W.C. T. PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates
are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GIF NO.
9691-14-1037, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 23, 2014, ISSUE DATE
JANUARY 31, 2014,
IOE. A SEWER LINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK BY INSTRUMENT FILED UNDER VOLUME 430, PAGE 631,
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
F. AN EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 925, PAGE 839 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
G. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN RECIPROCAL DRIVEWAY EASEMENTS, PARKING EASEMENT AND
MAINTENANCE AGREEMENT, RATIFICATION OF ACCESS EASEMENT RECORDED IN VOLUME 1546, PAGE 321, AND IN VOLUME
1546, PAGE 337 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
H. UTILITY AND ACCESS EASEMENTS AS SET FORTH UNDER MEMORANDUM OF LEASE RECORDED IN VOLUME 899, PAGE 583, OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AS AFFECTED BY LEASE MODIFICATION AGREEMENT RECORDED IN
VOLUME 1299, PAGE 478, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO,
1. A SIDEWALK EASEMENT GRANTED TO CITY OF ROUND ROCK IN INSTRUMENT FILED IN DOCUMENT NO. 2004004211 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN.
OF
+
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 MADEr ON THE GROUND UNDER MY DIRECTION AND M.STEPHEN TRUF�St)ALF
4 4*010*IV**4 0 A
SUPERVISION.
49,13
M. STEP-111 TRUESDALE DATE s
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 -A-DR-E-5 SQUARE FEET
LICENSED STATE LAND SURVEYOR ACQUISITION 0,041 1.793
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00 CALL/DEED AREA 1.017 44,303
1504 CHISHOLM TRAIL ROAD, sui-i-E 103
ROUND ROCK, TX 78681 REMAINDER AREA 1 0.976 42,510
PARCEL. PLAT SHOWING PROPERTY OF
I N LA IN D
GEODETICS MCDONALD' S CORPORATION ArTexas Department of Transportatlon
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103CSJ
ROUND ROCK,TX,78681 SCALE PROJECT COUNTY PARCEL 27
Ni.(5 12)238-1200,1FAX(512)2:2-J1rI t450' 0683-01-092 RM 620 WILLIAMSON
Page 1 of 4
EXHIBIT B
County: Williamson
Parcel : 27-E
Highway: R. M. 620
PROPERTY DESCRIPTION FOR PARCEL 27-E
DESCRIPTION OF A 0.048 ACRE (2,101 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 1, OF THE MCDONALD'S ADDITION SUBDIVISION RECORDED
IN CABINET X, SLIDES 51-52 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS
AND CONVEYED TO MCDONALD'S CORPORATION BY INSTRUMENT RECORDED IN
VOLUME 1759, PAGE 64 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.048 ACRE (2,101 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Y2" iron rod with TxDOT aluminum cap set, 68.00 feet, right of proposed R.M.
620 baseline station 505+49.55, being the easterly boundary line of Lot 3 of the Final Plat of
Market At Round Rock recorded in Cabinet H, Slides 187-188 of the Plat Records of Williamson
County, Texas, same being the westerly boundary line of said Lot 1, for the northwesterly corner
of the herein described tract and from which a 112" iron rod found being the northeasterly corner
of said Lot 3, also being the northwesterly corner of said Lot 1 bears N 05"02'12" E at a distance
of 14.27 feet;
1) THENCE, departing said common boundary line, with said proposed southerly ROW
line, through the interior of said Lot 1, along a curve to the left, having a delta angle of
03°11'32", a radius of 2,278.00 feet, an arc length of 126.92 feet, and a chord which
bears S 71033'01" E for a distance of 126.90 feet to a 1Y2" iron rod with TxDOT aluminum
cap set (to be replaced by TxDOT Type 11 monument), 68.00 feet right of proposed R.M.
620 baseline station 506+72.68, being the westerly ROW line of the south bound
frontage road of IH 35 (ROW width varies), being the northeasterly corner of the herein
described tract;
2) THENCE, departing said proposed southerly ROW line, with the existing southbound
frontage road of IH 35, same being the easterly boundary line of said Lot 1,
S 46°21'11" E for a distance of 32.86 feet to a calculated point of curvature to the right,
for the most southeasterly corner of the herein described tract;
3) THENCE, along said curve to the right, having a delta angle of 03°49'29", a radius of
2,293.00 feet, an arc length of 153.06 feet, and a chord which bears N 71°58'01" W for
a distance of 153.04 feet to a calculated point, being the common boundary line of said
Lot 3 and said Lot 1 and from which a ill" iron rod found for the northwesterly corner of
said Lot 2 (Market at Round Rock subdivsion), same being the southwesterly corner of
Lot 1 (McDonald's Addition subdivision), same being in the easterly boundary line of said
Lot 3 bears S 05°0212" W at a distance of 190.43 feet;
Parcel 27-E Page 2of4
4) THENCE, with the common boundary line ofsaid Lot 3and said Lot 1. N 05002'12" Efor
a distance of 15.53 feet to the POINT OF BEGINNING, containing 0.048 acres (2.101
square feet)ofland, more orless.
This property description |oaccompanied byaseparate parcel plat.
All bearings recited herein are based on the Texas State F`}ona Coordinate Symtem, Central
Zone No. 42O3' NAD B3.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFVV|LL|AMGC}N §
That |. M. Stephen Trumado|o. o Registered Professional Land Sun/eyor, do hereby certify that
the above description is true and correct to the best ofmyknowledge and belief and that the
property described herein was determined bya survey made onthe ground under mydirection
and supervision.
WITNESS MYHAND AND SEAL atRound Rock, Williamson County, Texas.
EXHIBIT "B
PLAT TO ACCOMPANY PARCEL DESCRIPTION 04/01/14
PAGE 3 OF 4
[ NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
(C E ) (02° 42' 31 ") ( 1 9499. 86' ) (92. 1 8' ) (92. 17' ) (S72"21 ' 23`"E)
C2 030 1 1 ' 32 2278.00' 126.92' 126.90' S71°33'01 `F E
C3 03'49' 9" 2293. 00' 153,06' 153.04' N71-58'01 'W
NUMBER DIRECTION DISTANCE
L I N05002' 12"E 14. 27'
L2 S46'2 1 ' 1 11 "E 3C2. 86'
L3 N05-02' 12"E 1 5. 53'
() 25 50
j
`• = 50'
505-00
506.00 507*00
--
R. M. �ZQ _--------
PROPOSED R.M. 620 BASELINE
�
' I80' R.O.W. WiptHI
4
0. �v.
EX IST I NG R.O, .
(C 1 ) h
.PR P -S-D R•O.W.1 l...G
SEE DETAIL 'A"
P.0. B. —' �,. . .... .�.. ..
PARCEL 27-E C3 STA. 506-72:G6 r
STA. 505.49.55 27-E 68.00' FIT r1° for
.1,y, G�
68.00' FT PROPOSED 15'
0.048 AC. EASEMENT
C?yy '
2. 101 SO. FT..
MCDONALD'S CORPORATION
VOL. 1759, PC. 64
"`'o 0.R.W.C.T.
o LOT I
s (1.017 AC. )
N _
� LA
tv McDONALD'S ADDITION
t�► CAB. X, SL. 51 52
rQ P.R.W.C. T.
FINAL PLAT OF
MARKET AT ROUND ROCK �a
CAB. H, SL. 187-188 U'_
P.R.W.C.T.
r rEX
620���
68.00' RT
,t cl
G(C I sr f :S`
C e 0.
I_(?T 3 � �� N75' 29''57"W c7
P.Os B. a,,.""... _...�"" ry 1 , 70'
PARCEL 27-E 27-E -- `
L(}T 2
68 505-49.55 LA F INAL PLAT OF
LOT 3 `�.,�`r- ._r�
68.00' r / MARKET AT ROUND ROCK
CAB. 11, SL. 187- 188 DETAIL "B"
DETAIL "A" P.R.W.C. T.
`-"�
N. T. S.
`1. T. S.
PARCEL PLAT SHOWING PROPERTY OEi Tex
�epartrrent of T rvnspartatta,�
1i�JLAND .1 TI)
GEODETICS -i X11 CDONALD' S CORPORATION C. zcea
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD,STE.103 _ J�fl�"�`f
ROUND ROCK,TX,78681 SCAL1� C5� # PK{}JLCT COUNT I Y pfi11`✓I..#... 27-E
.tslZa z3s-I20I},FAX(512)238-12,51 1 50' 1 RM 620 W i LL I AMSON
EXHI81T
04/01/14
PLAT TO ACCOMPANY PARCEL DESCRIPTION PAGE 4 OF 4
LEGEND
* TXDOT TYPE I CONCRETE MONUMENT FOUND Z PROPERTY LINE
* 1f2' IRON ROD SET W1 TXDOT ALUMINUM CAP 1 RECORD INFORMATION
TO BE REPLACED BY TYPE It MONUMENT LINE BREAK
TXDOT TYPE 11 CONCRETE MONUMENT FOUND LAND HOOK
P.O.B. POINT OF BEGINNING
IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE
0 IRON ROD FOUND W/PLASTIC CAP N. T. S. NOT TO SCALE
0 D.R.W.C.T. DEED RECORDS
COTTON GIN SPINDLE FOUND
WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O.R.W.C. T. OFFICIAL RECORDS
A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
A CALCULATED POINT WILLIAMSON COUNTY, TEXAS
0 1/2' IRON ROD W/ ALUMINUM CAP P.R.W.C. T. PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates
are surface values based on the Texas State Plane Coordinate System, NAD 83. Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1037, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 23, 2014, ISSUE DATE
JANUARY 31, 2014.
10E. A SEWER LINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK BY INSTRUMENT FILED UNDER VOLUME 430, PACE 631,
OF THE DEED RECORDS OF WILLIAMSON COUNTY. TEXAS, AFFECTS AS SHOWN.
F. AN EASEMENT GRANTED TO TEXAS POWER St LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 925, PAGE 839 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT.
G. TERMS, CONDITIONS. AND PROVISIONS OF THAT CERTAIN RECIPROCAL DRIVEWAY EASEMENTS. PARKING EASEMENT AND
MAINTENANCE AGREEMENT, RATIFICATION OF ACCESS EASEMENT RECORDED IN VOLUME 1546, PAGE 321, AND IN VOLUME
1546, PAGE 337 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
H. UTILITY AND ACCESS EASEMENTS AS SET FORTH UNDER MEMORANDUM OF LEASE RECORDED IN VOLUME 899, PAGE 583. OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AS AFFECTED BY LEASE MODIFICATION AGREEMENT RECORDED IN
VOLUME 1299. PAGE 478. OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
1, A SIDEWALK EASEMENT GRANTED TO CITY OF ROUND ROCK IN INSTRUMENT FILED IN DOCUMENT NO. 2004004211 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
OF
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.
Pjjr.-N TAUESDAILE
4933
0
�z
U
M. STEPHEN TRUESDALE DATE:
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
------------
PARCEL PLAT SHOWING PROPERTY OF
I N L A N DU Texas DeXrtmenr of Tronsgortoffon
GEODETI CS a A1C DOHA LD' S CORPORATION
PROF=ESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.7861311 SCALE Csi # PROJECT COUNTY PARCEL 27-E
PH.(512)238-1200,FAX(512)239-1251 Ir 50' RM '620 WILLIAMSON
HI
I
A 1+17.59 - 16' WL-I STA 1+00.00 - 16" WL-I M 620 STA 504+34.56, 92.9' LT -RM 620 STA 504+44.04, 106.6' LT SCALE IN FEET
INSTALL: CONNECT TO EXIST. 16' W
1- 45• BEND RT (16") 1 1 CUT PLUG&ABANDON EXIST. 16" W (S) \ 0 20 40 BO
N= 10160402.72 INSTALL: \
E= 3129964.42 1- 1 1.25' BEND LT (16 0
PROP 1- 45• BEND LT (16() "S)
PROP• N= 10160411.99
MUTILIT TC E- 3129978.26 \
Y fASFNl STA 1+20.00 - 16" WL-I
RM STA 504INSTAL 7L 0 LF OF 30' STEEL 8 BEGIN230" STEEL+ENCASEMENT3 LT LEGEND
ENCASEMENT PIPE BY PIPE BY OPEN CUT : -- EXISTING R.O.W.
OPEN CUT FROM STA 1+20.00 N- 10160400.39 \ EXISTING FEATURES
TO STA 1+90.00 E- 3129963.53 \ -_ PROPERTY
LINE..
II N - -TEMPORARY CONSTRUCTION
CONTRACTOR TO REMOVE ANIO SAT V*/,GE \ EASEMENT
EXIST. FIRE HYDRANT AND\GATE VALVE - PROPOSED UTILITY EASEMENT
PROPOSED SS
PROP. BORE PIT _ ' y PROPOSED SSMH
PROPOSED WL
APPROX. 15'X30' PROP ROW
PROPOSED DRAINAGE
STA 1+90.00 - 16" Wl-I I INSTALL 80 LF OF 30" STEEL ? EXISTING FIBER OPTIC
-RM 620 STA 504+34.27, 20.4' LT ` ENCASEMENT PIPE BY N EXISTING OVERHEAD ELECTRIC
END OPEN CUT II BORING FROM STA 1+90.00
i - x �-
F EXISTING WATER
TO STA 2+70.00
BEGIN
STEEL ENCASEMENT m EXISTING EP
HONE
PIPE BYBORINGEXISTING GAS
N- 10160335.02 1 n EXISTING CABLE
E 3129938 48 - a FXI T„
508• - r.. CONCRETE CUT&REPAIR
._ - i �, ,�*'• '*tea
_. �. ....., - CONCRETE PAVERS
� �,��� `�_ .. •.. .w, �;:.. :�,..�- __:,..""r.+`R" 50l 00 �� � � ®ASPHALT CUT&REPAIR
•,
` • a 505 506+00:x. \ ��PROPOSED ENCASEMENT
504+00 +00 _ BY BORE
PROPOSED ENCASEMENT
NOTES: BY OPEN CUT
N STA 2+70.00 - 16' wL-I SEE PROFILE. WL-I CUT AND PLUG EXIST. W (N) Pj A 4+47.91 - 8 WL I 1OTEFER TO EXISTING UTILITY PLANS AND FIELD
-RM 620 STA 504+36.05 59.6' RT �)
a END BORE & 30" STEEL ENCASEMENT O AH- 02'48'35" RT CUT&REPAIR 5.5 SY VERIFY LOCATION OF NEARBY UTILITIES BEFORE
O N- 10160260.32 N- 10160189.06 ASPHALT CONSTRUCTION. NOTIFY THE CONSTRUCTION
E- 3129909.86 E- 3130059.22 ,;�.. OBSERVER IF CONFLICTS EXISTS.
_ IRM 6201
CUT&REPAIR 2.SEE INTERSECTION AND GRADING PLANS FOR
p� 22.2 SY `•" CROSS STREET INFORMATION.
POP. RECEIVING PIT Ot ASPHALT a 3.CROSS SECTIONS ARE PROVIDED FOR THE
APPROX. 101X10' EARTHWORK QUANTITIES.
bJ CONSTRUCTION SHALL BE
OF ESTIMATE
ffi N
_. I^.,.........:: ...:..:.. :.. .,.:._ .- ... ......` �........_ - ..._.. ...._ SUBSEDIARYATOOIEEMSN30NSA
.+ ASA BASIS
DRIV
WAYS
RE
OT
� -F"-- '"''•" .I... ..._ .'- EXIST- R ,.� •+ •�•+- 4.IRRIGATION SYSTEMS DAMAGED DBYNCONSTRUCTION
a .... LL BE REPAIRED TO EQUAL OR BETTER
E ^-,_
ECESSARY
� ROW ` \���• A .. REPAIRS WILLNBENCONSIDEREDR
RIGATION
� CONDITIONSUBSIDIARY TO
_.� THLINE ITEM COST FOR PIPE INSTALLATION
�` .•
��� \ AND
WILL NOT BE PAID FOR SEPARATELY.
UPROP.
PROP. UTILITY E SEMENT STA 4+96.25 - 8" WL-I \ ��\\\\\\� j
Ln -RM 620 STA 506+44.39 70.6' RT �Sr,.OF 1f191t '� )
1 v END 8" WL-I ' IAP:. ... ��1 y' €i177
I [� I CONNECT TO EXIST. 6" W (S) Ir• ;.r 1
CUT PLUG AND ABANDON EXIST. 6" W (N) i*::•,.,. ,•, `��
M " I-STEEL(8") % NOAH S. SHAFFER
STA 3+59.08 16 WL-I - ..................
-RM 620 STA 505+12.01, 73.3' RT I- MJ PLUG (8") (N) W 307722 :' i
CONNECT TO EXIST. 16" WL (S) 1-REDUCER (6"X8") (S)
I- TEE CER(16"XI6X16') (E) E- 10160176.95
1130 06 095 \\ ��,11`\\\\����_=
I- GATE VALVE (8") (E) STA 4+76.25 \\
2 - 8 -
� N 10160219.60 -RM 620 STA 506+25.04 71.8' RT
W m PRS E= 3129976.14 INSTALL: 41
1- TEE (8"X6') NO. REVISION BY DATE
I I STA 3+07.36 -16 WL-I 1- GATE VALVE (6")
AH- 02.00'00" RT 1- FIRE HYDRANT ASSEMBLY : : AOl-ST BRA"ER-E.S11-4"
N- 10160239.78 8.5 LF D.I.P. HALFF AU W IE 111 53%.
Eli
E- 3129928.52 - 10160181.96 ■ ■ ETEL i
PC STA. 56.73 (BL) SCALE IN FEET
122.
OFFSET = 122.67' RT
PT STA. 504.19.84 (BL) 0 20 40 80
y 1 N I OFFSET = 110.1 1'1 RT I y
65'Z •b Jd I gI I
PC STA. 504.18STA. 504.32.56 (BL) /
.8 (BL
OFFSET 91.17• RT LEGEND
I �r / PCC STA. 506•,3.04 fBLI
` PT STA. 504.17.20 (BL) I PT STA. 504.25.42 (BL) CL RM 620 (OL)
STA. 506.24EXISTING FEATURES
_PC STA. 504-42.19 (BL) ( _ ' I :79 (BL)
_ _ - I I I ESTXNO DRIVEWAY _ I r. f/ PT STA. 506.18.60 (BL) PROPOSED CURB
-1 I STA.504.06.90 (BL) PC STA. 506.33.28 (BL) /1 -
CL RM 620 (BL) I ( I - -
m OFFSET 131.67' RT DIRECTION OF
J I END DRIVEWAY
o / TRAFFIC FLOW
N
STA.5O5.89.81 (BL) PROPERTY LINE
__
- OFFSET 79.60' RT I O II -
m
N o' - EXISTING R.O.W.
PROPOSED R.0.W.
1 O I .' II I R-25 II b+
1 '04
I(D I I a / R=6. ry TEMPORARY
- CONSTRUCTION
R=25'a o_ C7 1 ,o I o EASEMENT
1� R=169' - _ 'S9 I voi I a
(� 521.31_25 -_33"W I I _ +- I 1 S 19' 0' 07.33" W PROPOSED
519' �'125.29'rw �R=3' PT STA. 50}.88.38 (BLI _ 1 I ----- - -_Q--- -- UTILITY
I c I BL DW5040OR - STA, 1.00.00 (DW50590R)- I I EASEMENT
( ) I I I BL OW5059OR CONCRETE RIPRAP
STA. 503.77.29 (B )
•STA. 1.00.00 1(OW50400R1! 1 _ ---OFFSET - 3.00' RT (.R=8'
R A. 4• (BL) I 1 I I I PT I � 1 .I STA. 505.62.62 (BL)
r rOFFSET 3.00' RT LANDSCAPE PAVERS
BEGIN oR IVEwAr I R•3' I 1 OFFSET =STT. •52.50' RT R=25'_ 1 I '_i 0 CONCRETE DRIVEWAY
':-=OFFSET= 44.59RT R=25' L
-- I _ PC STA. 513..99' 18L>
o
nI� R•36.5' - OFFSET = (30.99' RT I-
O I VIII 1 PT STA. 503.88.20 (BL) 1 1 3..1 m STA. 505.60.09 (BL)
N o I: I PC STA. 503.60.41 (BL) I I R•2O1' 1 O_ OFFSET 114.86' RT I W 1 I IPCC STA. 505.67.62 (BL)
I 1 O I I
II I PC STA. 503.86.11 (BL) I .I tO �_ 1 - _ NOTES:
1W�fJ1 OFFSET = 92.34' RT I PC STA. 505.46.34 (BL) 1.REFER TO EXISTING UTILITY PLANS AND
;',I I I I� I I0 FIELD VERIFY LOCATION OF NEARBY
PT STA. 503.85.41 (BLI Imo.. I 1 UTILITIES BEFORE CONSTRUCTION. NOTIFY
/•� OFFSET = 73.09' RT THE CONSTRUCTION OBSERVER IF CONFLICTS
F•�•I I I I I I I I I I IEXIS
2. TS
1 0 LANE WIDTHS ARE MEASURED TO LIP OF
2 r GUTTER. ALL OTHER CALLOUTS ARE TO
BACK OF CURB UNLESS OTHERWISE NOTED.
3.EASEMENTS SHOWN FOR DRIVEWAYS MUST BE
DRIVEWAY STA 504+00.23 (BL) DRIVEWAY STA 505+89.81 (BL) 4.ALLRDINATED STA/OFFFSETT CALLOUTSi AREOWFROM
CL UNLESS OTHERWISE NOTED.
PVI STA 2 4.00ELEV,743.36 r
M•-� 760
10.00' VC 760 760 i ;14
PVI
.STA t•'7.2..50
.. _ ,. ... _..... _... ..... .. .... ... .... ._.. _. fes£
ELEV - 743.77
-- 8.00' vc 760 `
PVI STA 1.45.591 R(• A1Rk
EIEv 748..13 w �r 560-N••S
BEGIN DRIVEWAY
.... .. .PVI STA.1.•41..59 o of.;.
ELEV 747 89 �¢
JI I
W 750 00 0 �� w w
.......... ........ -I 750 TSO EGIN.DRIVEWAY' 1� gi
( )1 50%I... .,......._. .,.. �., a+ ............. .._,.... ...... ........... ...... ........ .... �^Iw.SLEV 0 ..... .I..•. _I.i� ...... ...........
........
A L"9_50..
750
(-)2.00% 6 0'% E I� a
3 0 (•1 /6• ESNO DRIVEWAY ai 74 I END DRIVEWAY
4 0 -`---o - ELEV?-29.02 24 I (_:) ( 11.50'/. STA. 1.76.50 NO, REVISION er O.rE
2.00% ELEV.•743.69
-m _ 11 F SUPE 1I5
s c ^ .33'/. - (-12.61% wsnrl rExns rang-lraz
F
is 740 ... N^ W W 740. PGI a DW5O59017 t•? - :�: rEM(511ZMrn 111
g ........ ... ........_.. .. ...._... .. .. .:... .......... ........... .... ._..... ._.. ......._........... .. • ,.
740
0 0. .. .... I .. ... .. ... ..... ......__....._EX I ST IND' Q 740
F
u -> GROUND
PGL a DW5O4O0R
aN ,a .... ... ... w ... .. .... .. .. .... .. W...
Fl
- : - : - :. I _ PVI STA. 1-53.50 _ o wo - 02017 Texas Department of TronePorfof ioA
ELEV.
> > m
Y OF ROUND ROCK
730. .,-.�
2006
TND ENTERPRISE TX 866VEz
PV1 S.TA..Lr5fl.O0. I 730 730 > a 730 /rf u z a
... ....... ...._........ .................. K
ELEV =:747.94 � .... .._.... ...__.. _. ............ ._... .... .... ......._........_.... ._...._..._.
.8..00'. VC. RM 620
i ...Q.� .. ..:. .... .. :. .;.... .. ..:. .. .. .. .. .. .. .... .. .. ...' '.PVI
ELEV TA 1-6106 0_. ... .... .... ..
...
6.00' YG PLAN PROFILE
WDRIVEWAYS AND SIDE ROADS
O 1- ^ m n v N
p m O 'v M V :+mi Q
a v1 m -m o ,o m m m:u1 mN m:m o :N v
r c � nn @N ^ m
o SCALE:
Qo
SHEET 510,12
w
N BR=A a,ER Br11E 2.E.!'L
110 PROJECT Rp,
i- r ,- r r- ti r - r ti �� r ti trvckeo:GJ rX •TEXAS XXX XX IXXI XX RM 620
1-00 1-20 1+40 1-60 1+80 2+00 2+20 2+40 1-00 1+20 1+40 1+60 1+80 2+00 2+20 a ND o1sr. carry cwrxa secnw
cr..�..a:
FRI AUS IWILLIAMSON 106831 01 10561 169
i
i
STA 1+17.59 16' WL-I STA 1+00.00 - 16" WL-I \ SCALE IN FEET
-RM 620 STA 504+34.56, 92.9' LT -RM 620 STA 504+44.04, 106.6' LT
INSTALL: CONNECT TO EXIST. 16" W
1- 45BEND RT (16") ( ( CUT PLUG &ABANDON EXIST. 16" W (S) 0 zo 40 Bo
N- 10160402.72 INSTALL: \
E- 3129964.42 1- 11.25' BEND LT (16')
PRS1- 45• BEND LT (16') (S)
PROP- N- 10160411.99
' UTILITY TCE E- 3129978.26
FaSENT _ STA 1+20.00 - 16" WL-I \
-RM 620 STA 504+34.59 90.3' LT LEGEND
8
INSTALL 70 LF OF 30" STEEL BEGIN 30' STEEL ENCASEMENT
ENCASEMENT PIPE BY PIPE BY OPEN CUT . \ EXISTING FEATURES
OPEN CUT FROM STA 1+20.00 N- 10160400.39 -- EXISTING R.O.W.
TO STA 1+90.00 E- 3129963.53 _, \ ---PROPOSRTY ED LINEw.
TEMPORARY CONSTRUCTION
II 1 CONTRACTOR TO REMOVE A SALVAGE EASEMENT
EXIST. FIRE HYDRANT ANDD\GATE VALVE \ - PROPOSED UTILITY EASEMENT
\ --�--• PROPOSED SS
PROP. BORE PIT w PROPOS ED
SSMH
APPROX. 15'X30' pip ROp \ b PR ED wL
�•-t\ Q - -- PROPOSED DRAINAGE
STA 1+90.00 - 16` WL-I " STEEL EXISTING FIBER OPTIC
� I y INSTALL 80 LF OF 30 � �
-RM 620 STA 504+34.27, 20.4' LT ENCASEMENT PIPE BY a - EXISTING OVERHEAD ELECTRIC
END OPEN CUT II BORING FROM STA 1+90.00 {?_ s m EXISTING WATER
BEGIN 30' STEEL ENCASEMENT TO STA 2+70.00 EXISTING TELEPHONE
PIPE BY BORING jI 1 _ __ \ r EXISTING GAS
N- 10160335.02 n EXISTING CABLE
E3129938 48 a, T„ R_OIM- •" „„« "w 508• CONCRETE CUT 6 REPAIR
CON
.. 4 - `"-�,,,,•, CRETE PAVERS
' xk� �
507-00 ASPHALT CUT&REPAIR
'„ �"" '•�� '�' a 506 \ PROPOSED ENCASEMENT
x:504+00««... 5Q5+00 •00.': BY BORE
___ _ _ [__ PROPOSED ENCASEMENT
. NOTES: BY OPEN CUT
STA 2+70.00- 16" WL-I v SEE. PROFILE. WL-I CUT AND PLUG EXIST. W (N). PI A 4+47.91 8\AWL-I 1.REFER TO EXISTING UTILITY PLANS AND FIELD
-RM 620 STA 504+36.05 59.6' RT
END BORE & 30" STEEL ENCASEMENT O AH- 02'48'35" RT CUT&REPAIR 5.5 SY VERIFY LOCATION OF NEARBY UTILITIES BEFORE
Q -0 N- 10160189.06 ASPHALT CONSTRUCTION. NOTIFY THE CONSTRUCTION
N- 10160260.32 r_� OBSERVER IF CONFLICTS EXISTS.
E- 3129909.86 RM 6 2 O CUT&REPAIR E- 3130059.22 A 2.SEE INTERSECTION AND GRADING PLANS FOR
, 22.2 SY 55 TREET INFORMATION.
3
ASPHALT v '; SECTIONS ARE PROVIDED FOR THE
P OP. RECEIVING PIT Q1 CONTRACTOR'S INFORMATION AS A BASIS
APPROX. 10'X10' = OF ESTIMATE FOR EARTHWORK QUANTITIES.
DRIVEWAYS ARE NOT SHOWN AND ANY WORK
TO DRIVEWAY CONSTRUCTION SHALL BE
w
„
SUBSIDIARY TO ITEM 530.
�� ... :I -- - EXI57. '+.,•.
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L------------------------------------------------------------------------------------
EXHIBIT "E"
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.
rax
mfr
Form ROW-N-14
(Rev.07/13)
Page 1 of 3
DEED
RM 620 Right of Way
TxDOT ROW CSJ: 0683-01-092
TxDOT Parcel No.: 27
Grantor(s),whether one or more:MCDONALD'S CORPORATION,a Delaware Corporation
Grantor's Mailing Address(including county):
2915 Jorie Boulevard
Oak Brook,IL 60523
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 of
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.IH 35
Austin,Texas 78761
Consideration:
The sum of Two Hundred Eighty-Five Thousand and no/100 Dollars ($285,000.00) 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 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.
* M4*
Form ROW-N-14
(Rev.07/13)
Page 2 of 3
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:
1. 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.
3. Easements,restrictions,reservations,covenants,conditions,oil and gas leases,mineral severances,
and encumbrances for taxes and assessments(other than liens and conveyances)presently of record
in the Official Public Records of Williamson County, Texas, that affect the property, but only to
the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and
egress to the surface thereof for the purpose of exploring,developing,mining or drilling for same;however,
nothing in this reservation shall affect the title and rights of the Grantee,its successors and assigns,to take
and use all other minerals and materials thereon,therein and thereunder.
Grantor is retaining title to the following improvements ("Retained Improvements") located on the
Property,to wit: Directional Drive Thru Signs
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.
Form ROW-N-14
(Rev.07/13)
Page 3 of 3
GRANTOR:
MCDONALD'S CORPORATION,
a Delaware corporation
By:
Name:
Its:
Acknowled eg ment
State of
County of
This instrument was acknowledged before me on
by ,in the capacity and for the purposes and consideration recited herein.
Notary Public—State of
EXHIBIT "F"
PUBLIC UTILITY EASEMENT
RM 620
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That MCDONALD'S CORPORATION, a Delaware corporation, and its successors and assigns,
("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration paid by the CITY OF ROUND ROCK,TEXAS,a municipal corporation situated in
the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby
acknowledged,does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the
nature of a perpetual public utility easement and right-of-way in, upon, over, under, above and across the
following described property(the"Property"),to-wit:
All of that certain 0.048 acre (2,101 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 27PUE).
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, and removal of public utilities, to-wit: electric transmission and distribution lines,
telecommunication and cable television lines,water lines,natural gas lines,wastewater lines,sanitary sewer
lines, connecting lines, access facilities and related equipment, stormwater lines, drainage systems and
structures, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers
and collection facilities, drainage pipes and all other subsurface drainage structures, and any necessary
accessories,or operations (herein collectively referred to herein as"the Facilities").
This conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove described property to the extent,and only to the extent, that the same may still
be in force and effect and shown of record in the office of the County Clerk of Williamson County,Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual,
provided however that said easement, rights, and privileges shall cease and revert to Grantor in the event
the utilities are abandoned,or shall cease to be used,for a period of five(5)consecutive years.
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive, and
Grantor covenants not to convey any other easement or conflicting rights within the premises covered by
this grant, without the express written consent of Grantee, which consent shall not be unreasonably
withheld. Grantee shall have the right to review any proposed easement or conflicting use to determine the
effect,if any,on the utilities contemplated herein. Prior to granting its consent for other easements,Grantee
may require reasonable safeguards to protect the integrity of the utilities thereon.
00399495.DOCX
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 signage, 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,which approval shall not be unreasonably withheld.
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.
(d) Grantee will construct the Facilities in a good and workmanlike manner and will keep any
Facilities owned by Grantee in good maintenance and repair at its sole cost and expense.
(e) Unless otherwise agreed in writing,immediately after Grantee completes any work on the
Property, Grantee will restore the easement area to the same or better condition as it was
in before Grantee began the work and to a safe condition,including any of Grantor's signs,
Access drives, curbing or other improvements located within the Property which are
impacted by any work, and will remove all of its equipment, tools, trash and debris from
the easement area.
(f) Grantee will separate by cones or other appropriate construction safety barriers("cone off')
the Property while Grantee performs any work on the Property.
2
(g) Grantee will perform all work in such a manner so as to not unduly disrupt the operation
of the McDonald's restaurant on Grantor's Property. Grantee will not unreasonably block
the access drives serving Grantor's Property at any time, unless otherwise agreed with
Grantor in advance. To the extent any access drives serving the property are affected by
construction,Grantee agrees to leave a portion of the access drive open at all times during
construction or perform all work when Grantor's restaurant is closed. There shall be no
intentional disruption in utility service to Grantor's Property unless otherwise agreed with
Grantor in advance.
(h) Grantee will not park on or store any construction vehicles, equipment or materials on
Grantor's other property outside of the Property.
(i) If any damage occurs to Grantor's property or any improvements thereon arising out of,
related to, or as a consequence of any of Grantee's work in the easement area, Grantor
promptly will notify Grantee in writing of the damage. Unless otherwise agreed by the
parties, Grantee will repair the damage(or commence and diligently pursue repairing the
damage)within 30 days after receipt of Grantor's notice.
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.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns,forever,together with all and singular all usual and customary rights thereto in anywise belonging,
and together with the right and privilege at any and all times to enter said premises,or any part thereof, for
the purpose of constructing or maintaining said utilities and for making connections therewith,and Grantor
does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND
FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of Round
Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of ,2018.
GRANTOR:
MCDONALD'S CORPORATION,
a Delaware corporation
By:
Name:
Its:
3
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 2018, by in the capacity and for the purposes and
consideration therein expressed.
Signature
Printed Name
Notary Public, State of
4