Contract - Round Rock Ranch, Ltd. - 5/9/2019Form ROW-N-PUA
(12112)
Replaces Form ROW -N-7
Page 1 of 5
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
§ Parcel No.: I
COUNTY OF WILLIAMSON § Project: Kenney Fort Boulevard
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF
ROUND ROCK, TEXAS ("Grantee"), and ROUND ROCK RANCH, LTD., a Texas limited partnership
(the "Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed
necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the
purpose of constructing improvements to Kenney Fort Boulevard and related drainage and utility
adjustments (the "Project"). The property subject to this Agreement is described more ftilly in field
notes, plat map or other description (attached as "Exhibits A -B") and made a part of this Agreement by
reference (the "Property").
For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, and conveys to Grantee the right
of entry and exclusive possession and use of the Property for the purpose of constructing a roadway,
utility adjustments and all related appurtenances thereto and the right to remove any improvements.
Authorized activities include surveying, inspection, environmental studies, archeological studies,
clearing, demolition, construction of permanent improvements, relocating, replacing, and improving
existing utility facilities, locating new utility facilities, and other work required to be performed in
connection with the Projects. This Possession and Use Agreement will extend to the Grantee, its
contractors and assigns, owners of any existing utilities on the Property and those which may be
lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by
the Grantee for the purpose of the Projects. This grant will allow the construction, relocation,
replacement, repair, improvement, operation and maintenance of utilities on the Property only.
2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants,
warranties, and obligations under this Agreement, the Grantee will tender to the Grantor the sum of
EIGHT HUNDRED SEVENTY-FOUR THOUSAND EIGHT HUNDRED EIGHTY-TWO and
00/100 Dollars ($874,882.00). The Grantor agrees that this sum represents adequate and full
compensation for the possession and use of the Property. Grantee will be entitled to take possession
and use of the Property upon tender of payment as set out herein, subject to the conditions in
paragraph 14 below, if any. The parties agree that the sum tendered represents 100% of the
Grantee's approved value, which assumes no adverse environmental conditions affecting the value of
the Property. The approved value is the Grantee's determination of the just compensation owed to
the Grantor for the real property interest to be acquired by the Grantee in the Property, encumbered
with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil,
gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final
settlement amount, Special Commissioners' award or court judgment. In the event the amount of the
final settlement or judgment for acquisition of the Property is less than the amount the Grantee has
paid for the possession and use of the Property, then the Grantor agrees that the original amount
tendered represents an overpayment for the difference and, upon written notice from the Grantee, the
Grantor will promptly refund the overpayment to the Grantee.
?,_20(1— 0(9G *NPUA*
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 2 of 5
3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2
above was tendered to the Grantor by the Grantee, or disbursed to the Grantor by a title company
acting as escrow agent for the transaction, (the "Effective Date").
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to Grantee in that certain title commitment numbered 1835035-
KFO effective February 4, 2019 by Independence Title/Title Resources Guaranty Company, and that
proper releases will be executed for the Property prior to funds being disbursed under this
Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee
title to the Property and further agrees to indemnify the Grantee from all unreleased or undisclosed
liens, claims or encumbrances affecting the Property.
5. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent
domain proceeding purposes, will be June 11, 2019.
6. This Agreement is made with the understanding that the Grantee will continue to proceed with
acquisition of a real property interest in the Property. The Grantor reserves all rights of
compensation for the title and other interest in and to the Property which the Grantor holds as of the
time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way
prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the
Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the
improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any
larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the
Effective Date of this Agreement. The Grantee's removal or construction of improvements on the
Property shall in no way affect the fair market value of the Property in determining compensation
due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's
rights to any relocation benefits for which Grantor may be eligible.
7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not
be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for
any period of time prior to the date of the award. Payment of any interest may be deferred by the
Grantee until entry of judgment.
8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and
to allow the Grantor to avoid proceeding with condemnation litigation at the current time and
continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor
expressly acknowledges that the proposed Project are for a valid public use and voluntarily waives
any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in
any condemnation proceeding for acquisition of the Property related to the Project, based upon
claims that the condemning authority has no authority to acquire the Property through eminent
domain, has no valid public use for the Property, or that acquisition of the Property is not necessary
for the public use.
Form ROW-N-PUA
(12112)
Replaces Form ROW -N-7
Page 3 of 5
9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the Grantee to take and use all other
minerals and materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and
special assessments assessed against Property until the Effective Date, including prorated taxes until
the Effective Date for the year in which the Grantee takes title to the Property.
11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a
condemnation proceeding by depositing the Special Commissioners' award into the registry of the
court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall
continue to remain in effect until the Grantee acquires title to the Property either by negotiation,
settlement, or final court judgment.
12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
13. It is agreed the Grantee will record this document.
14. Other conditions: N/A
15. By its authorized signature below the following Tenants which have a leasehold interest in the
Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property
pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein:
Tenants:
At no time during the possession of the Property by Grantee for the purposes described herein shall
Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land for
its current uses without prior advance agreement between Grantor/Tenant and Grantee.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the
limitations set forth above.
[signature pages follow]
GRANTOR:
ROUND ROCK RANCH, LTD.
a Texas limited partnership
By: COMMERCE TEXSJ%ROPERTIES, INC.
a Texas corporaix6n, iA General Partner
By:
Name: �/'� 6? -"i.1+ �h^!h►4 y�-�'
Its: ! ��
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
Form ROW-N-PUA
(12112)
Replaces Form ROW -N-7
Page 4 of 5
T is ins ume t was acknowledged before me on this the /?day of AlAoita , 2019 by
0* , in the capacity and for the purposes and consideration recited herein.
' r i m r"zrI tAA-;;
LL,e A 4-V-6�—
Notary Public, �te of Te as
Printed Nam �vYw&ZA—
My Commission Expires:
20;'}l' Y PLBC
JORDAN
E
125209932ry
25, 2021
LL,e A 4-V-6�—
Notary Public, �te of Te as
Printed Nam �vYw&ZA—
My Commission Expires:
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By: A '�
Craig Morga , May
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 5 of 5
This instrument was acknowledged before me on this the I- day of N461 0 , 2019 by
Craig Morgan, in the capacity and for the purposes and consideration recited herein.
0%%%111III III/
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ez
�•,i�FOF1t:
•••';�1265B6'jT
7.112�``0���\
Notary Public, Sate of Texas
Printed Name: L- . wh
My Commission Expires zt` 4 ,f o
EXHIBIT "A"
PARCEL 1
Variable Width Right -of -Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
3.98 ACRE TRACT OF LAND OUT OF THE
ROUND ROCK REAL ESTATE TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 3.98 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY,
ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 147.076 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO ROUND
ROCK REAL ESTATE AND RECORDED IN VOLUME 2418, PAGE 51 OF THE
OFFICIAL RECORDS OF SAID COUNTY; SAID 3.98 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with aluminum cap stamped "C.O.R.R. R.O.W." set on the
south right-of-way line of Forest Creek Drive (variable width right-of-way) and recorded in
Document No. 2004012867 of the Official Public Records of said County, for the northwest
corner POINT OF BEGINNING hereof;
THENCE with the south right-of-way line said Forest Creek Drive, the following two (2) courses
and distances:
1) with the arc of a curve to
129.74 feet, a central
North 85° 03' 04" East, a
tangency hereof, and
the right, having a radius of 1,350.00 feet, an are length of
angle of 0050 30' 23", and a chord which bears,
distance of 129.69 feet to a calculated point for a point of
2) North 89° 29' 37" East, a distance of 4.26 feet to a calculated point on the east line of said
147.076 acre tract, for the northeast corner hereof;
THENCE with the common east line of said 147.076 acre tract and in part with the west line of
Lot 86, Block A, The Preserve at Dyer Creek Final Plat Phase One, a subdivision plat recorded
in Cabinet DD, Slides 274 — 276 of the Plat Records of said County, in part with the west line of
a called 10.785 acre tract of land as described in a deed to Brian James Graver and Sheila Joy
Offutt and recorded in Document No. 2004060159 of the Official Public Records of said County,
the following five (5) courses and distances:
1) South 30° 10' 16" East, a distance of 14.08 feet to a 1/2 -inch iron rod found for an angle
point hereof,
2) South 01° 42' 31" East, a distance of 565.07 feet to a 1/2 -inch iron rod found for an angle
point hereof,
Page 1 of 5
3) South 01° 43' 52" East, a distance of 672.25 feet to a 60d nail in fence post marked
"SURVEY MARK LANDESIGN" found for the common southwest corner of said Lot 86 and
the northwest corner of said 10.785 acre tract, for an angle point hereof,
4) South 01° 41' 52 East, a distance of 460.80 feet to a 1/2 -inch iron rod found for the
common southwest corner of said 10.785 acre tract and the northwest corner of a called
11.12 acre tract of land as described in a deed to John N. Paul and recorded in Document
No. 9867726 of the Official Public Records of said County, for an angle point hereof, and
5) South 010 41' 52 East, a distance of 25.48 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R. R.O.W." set for the south corner hereof,
THENCE through the interior of said 147.076 acre tract, the following eight (8) courses and
distances:
1) with the arc of a curve to the right, having a radius of 2,833.00 feet, an arc length of
370.84 feet, a central angle of 007° 30' 00", and a chord which bears,
North 14° 31' 48" West, a distance of 370.58 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R. R.O.W." set for a point of tangency hereof,
2) North 79° 13' 12" East, a distance of 15.00 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R. R.O.W." set for an interior angle point hereof,
3) North 100 10' 35" West, a distance of 59.37 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R. R.O.W." set for an interior angle point hereof,
4) South 80° 25' 37" West, a distance of 15.00 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R, R.O.W." set for a non -tangent point of curvature hereof,
5) with the arc of a curve to the right, having a radius of 2,833.00 feet, an arc length of
357.77 feet, a central angle of 0070 14' 08", and a chord which bears,
North 05° 57' 19" West, a distance of 357.53 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R. R.O.W." set for a point of tangency hereof,
6) North 010 53' 44" West, a distance of 740.37 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R. R.O.W." set for an angle point hereof,
7) North 03° 00' 09" West, a distance of 197.40 feet to a 1/2 -inch iron rod with aluminum cap
stamped "C.O.R.R. R.O.W." set for an angle point hereof, and
Page 2 of 5
8) North 50° 44' 17" West, a distance of 21.53 feet to the POINT OF BEGINNING and
containing 3.98 acres of land and based on the survey and exhibit drawing made by CP&Y,
Inc.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: Bearings are based on the Texas Central State Plane Coordinate System
NAD '83 (HARN '83), which is based on Leica's Central Texas GPS Cooperative CORS RTK
Network.
Surveyed in the field during October, 2018.
M garet A. olen, R.P. L.S. No. 5589
CP&Y, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10194125
Project No. 1500603
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G:\PROJECTS\1500603R- Kenney Fort Blvd. Extension\METES AND BOUNDS\1500603R PARCEL 1 R2.doc
Page 3 of 5
EXHIBIT "A' '
PARCEL
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 3.98 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP
DETAIL 'A'
L1
IGEN
FIELD NOTE
POINT OF
BEGINNING
N 03'00'D9" W
197.40'
CALLED 147.076 ACRES
ROUND ROCK REAL ESTATE
INVESTMENTS, LTD.
TRACT 3
VOL. 2418, PAGE 51
0. R. W.C.T.
P. A. HOLDER SURVEY
ABSTRACT N0. 297
L7
• = 1/2" IRON ROD FOUND
FOREST CREEK
A = CALCULATED POINT
d
F� = 60d NAIL IN FENCE POST MARKED
o
Y
SITE
m
wo
X
STAMPED "C.O.R.R. R,O.W." SET
R.O.W. LINE
R.O.W. = RIGHT-OF-WAY
GATTIS SCHOOL RD.
P, R. W. C. T. = PLAT RECORDS WILLIAMSON COUNTY,
TEXAS
M
0
Ln
�'
COUNTY, TEXAS
"
S"H �5
SEE DETAIL 'I
ROUND ROCK
30' PERMANENT
DETAIL 'A'
L1
IGEN
FIELD NOTE
POINT OF
BEGINNING
N 03'00'D9" W
197.40'
CALLED 147.076 ACRES
ROUND ROCK REAL ESTATE
INVESTMENTS, LTD.
TRACT 3
VOL. 2418, PAGE 51
0. R. W.C.T.
P. A. HOLDER SURVEY
ABSTRACT N0. 297
L7
• = 1/2" IRON ROD FOUND
SEE DETAIL 'A'
A = CALCULATED POINT
/
F� = 60d NAIL IN FENCE POST MARKED
"SURVEY MARK LANDESIGN" FOUND
NIN
O = 1/2" IRON ROD WITH ALUMINUM CAP
PROPOSED —
STAMPED "C.O.R.R. R,O.W." SET
R.O.W. LINE
R.O.W. = RIGHT-OF-WAY
m
P, R. W. C. T. = PLAT RECORDS WILLIAMSON COUNTY,
TEXAS
0. R. W. C. T. = OFFICIAL RECORDS WILLIAMSON
Ln
�'
COUNTY, TEXAS
"
O. P. R. W. C. T. = OFFICIAL PUBLIC RECORDS,
SEE DETAIL 'I
WILLIAMSON COUNTY, TEXAS
30' PERMANENT
( ) = RECORD INFORMATION
DRAINAGE
EASEMENT
GENERAL NOTES;
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS,
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE.
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION,
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE COORDINATE
SYSTEM NAD '83 (HARN '93), WHICH IS BASED ON LEICA'S CENTRAL TEXAS
GPS COOPERATIVE CORS RTK NETWORK.
SEE DETAIL 'D' FOREST CREEK DRIVE
C-1 (VARIABLE WIDTH R.O.W.)
C")
i
LA
\ TRACT LINE _
SEE DETAIL 'B' CALLED 11.12 ACRES
\ JOHN N. PAUL
' DOCUMENT N0. 9867726
O. P. R. W. C. T.
1 Chisholm Trail Suite 130
Round Rock, Texas 78681 512.248.0065
..�Y. j • 5 `...4i
TEXAS REGISTERED ENGINEERING FIRM F -1741`a �c,�,�r*a,'°
TBPLS 10194125 / 'C P&yj'��" 1�'2 �9"�
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOINL-EBG BELIEF WT \ , PMAFIGA I A. x'10(.
0R ` RYS�/Sta'+14th-V' %Tf1%V:sd.`{te
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED M S' QUIREMENT
LAND SURVEYS IN THE STATE OF TEXAS. `V����a
SURVEYED DURING:w s U
.z ,:,3.
OCTOBER, 2018 MIARGAIRET A. NOLEN, R.P.L.S. NO. 5589 Z. - " 4 OF 5
0 300' 600' PLAT NO. A-5136 DRAFT DATE 10/22/2018 DRAWN BY MAN
' SCALE WORK ORDER NO. 1500603 FIELDBOOK 303 TAB # A-5136
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL 1R2 F/N # 1500603R PARCEL 1R2
SEE DETAIL 'A'
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10.785
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CALLED
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BRIAN JAMES GRAVER AND
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SHEILA JOY OFFUTT
DOC. NO.
2004060159
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W. C. T.
\ TRACT LINE _
SEE DETAIL 'B' CALLED 11.12 ACRES
\ JOHN N. PAUL
' DOCUMENT N0. 9867726
O. P. R. W. C. T.
1 Chisholm Trail Suite 130
Round Rock, Texas 78681 512.248.0065
..�Y. j • 5 `...4i
TEXAS REGISTERED ENGINEERING FIRM F -1741`a �c,�,�r*a,'°
TBPLS 10194125 / 'C P&yj'��" 1�'2 �9"�
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOINL-EBG BELIEF WT \ , PMAFIGA I A. x'10(.
0R ` RYS�/Sta'+14th-V' %Tf1%V:sd.`{te
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED M S' QUIREMENT
LAND SURVEYS IN THE STATE OF TEXAS. `V����a
SURVEYED DURING:w s U
.z ,:,3.
OCTOBER, 2018 MIARGAIRET A. NOLEN, R.P.L.S. NO. 5589 Z. - " 4 OF 5
0 300' 600' PLAT NO. A-5136 DRAFT DATE 10/22/2018 DRAWN BY MAN
' SCALE WORK ORDER NO. 1500603 FIELDBOOK 303 TAB # A-5136
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL 1R2 F/N # 1500603R PARCEL 1R2
EXHIBIT "A' '
PARCEL I
(VARIABLE WIDTH RIGHT— OF— WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 3.98 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS
LINE TABLE
LINE
BEARING
LENGTH
L1
N 89'29'37" E
4.26'
L2
S 30'10'16" E
14.08'
L3
S 01'41'52" E
25.48'
L4
N 79'13'12" E
15.00'
L5
N 10'10'35" W
59.37'
L6
S 80'25'37" W
15.00'
L7
N 50'44'17" W
21.53'
(L1)
(N 87'48'15" E)
(4.21')
(L2)
(N 30'10'16" E)
(14.08')
DETAIL 'B'
CURVE TABLE
CURVE
RADIUS
ARC
DELTA
CH. BEARING
CHORD
C-1
1350.00'
129.74'
005'30'23"
N 85'03'04" E
129.69'
C-2
2833.00'
370.84'
007'30'00"
N 14'31'48" W
370.58'
C-3
2833.00'
357.77'
007'14'08"
N 05'57'19" W
357.53'
DETAIL 'C'
DETAIL 'D'
(j
1 Chisholm Trail, Suite 130
Round Rock Texas 78681 512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F-1741p&y'j
TBPLS 10194125MARriAR INOLE``:�`i
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNO AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BAS TH EQUIRE FOR� �2 ;r"�.
LAND SURVEYS IN THE STATE OF TEXAS.",
SURVEYED DURING:
OCTOBER, 2018 A RET A. NOL , R.P.L.S. NO. 5589 5 OF 5
0 300' 600' PLAT NO. A-5136 DRAFT DATE 10/22/2018 DRAWN BY MAN
SCALE WORK ORDER NO.1500603 FIELDBOOK 303 TAB # A-5136
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL 1R2 F/N # 1500603R PARCEL 1R2
EXHIBIT "®
PARCEL 1 - DRAINAGE EASEMENT
30 -FOOT WIDE PERMANENT DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION OF A
0.041 ACRE TRACT OF LAND OUT OF THE
ROUND ROCK REAL ESTATE TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.041 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY,
ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 147.076 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO ROUND
ROCK REAL ESTATE AND RECORDED IN VOLUME 2418, PAGE 51 OF THE
OFFICIAL RECORDS OF SAID COUNTY; SAID 0.041 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with cap stamped "C.O.R.R. R.O.W." set on a curve of the
proposed west right-of-way line of Kenney Fort Boulevard, in the interior of said 147.076 acre
tract, from which a 1/2 -inch iron rod found at the southwest corner of the a called 10.785 acre
tract of land as described in a deed to Brian James Graver and Sheila Joy Offutt and recorded
in Document No. 2004060159 of the Official Public Records of said County, and the northwest
corner of a called 11.12 acre tract of land as described in a deed to John N. Paul and recorded
in Document No. 9867726 of the Official Public Records of said County, bears South 790 13' 12"
West, a distance of 15.00 feet, THENCE with the arc of said curve to the left, having a radius of
2,833.00 feet, an arc length of 370.84 feet, a central angle of 07° 30' 00", and a chord which
bears, South 14° 31'48" East, a distance of 370.58 feet, THENCE North 010 41' 52" West, a
distance of 25.48 feet, for the southeast corner and POINT OF BEGINNING hereof;
THENCE through the interior of said 147.076 acre tract, the following four (4) courses and
distances:
1) departing said Kenney Fort Boulevard right-of-way, South 79° 13' 12" West, passing a
1/2 -inch iron rod with cap stamped "C.O.R.R. R.O.W." set at a distance of 15.00 on the
south line hereof and continuing for a total distance of 30.00 feet to a calculated point at
a non -tangent point of curvature, for the southwest corner hereof,
2) with the arc of a curve to the right, having a radius of 2,848.00 feet, an arc length of
60.00 feet, a central angle of 010 12' 26", and a chord which bears,
Page 1 of 4
North 10° 10' 35" West, a distance of 60.00 feet to a calculated point, for the northwest
corner hereof,
3) North 80° 25' 37" East, passing a 1/2 -inch iron rod with cap stamped "C.O.R.R.
R.O.W." set at a distance of 15.00 on the north line hereof and continuing for a total
distance of 30.00 feet to a 1/2 -inch iron rod with cap stamped "C.O.R.R. R.O.W." set, at
a non -tangent point of curvature for the northeast corner hereof, and
4) with the arc of a curve to the left, having a radius of 2,818.00 feet, an arc length of
59.37 feet, a central angle of 010 12' 26", and a chord which bears,
South 10° 10' 35" East, a distance of 59.37 feet to the POINT OF BEGINNING and
containing 0.041 acre of land and based on the survey and exhibit drawing made by
CP&Y, Inc.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: Bearings are based on the Texas Central State Plane Coordinate System
NAD '83 (HARN '93), which is based on Leica's Central Texas GPS Cooperative CORS RTK
Network.
Surveyed in the field during October, 2018.
Nffet A. Nolen, R.P.L.S. No. 5589
CP&Y, Inc.
One Chisholm Trail, Suite 130
Round Rock,Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10194125
Project No. 1500603
G:\PROJECTS\1500603R - Kenney Fort Blvd. Extension\METES AND BOUNDS\1500603R PARCEL 1 DE R1.doc
Page 2 of 4
EXHIBIT 11'
DRAINAGE EASEMENT
(30—FOOT WIDE DRAINAGE EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.041 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP
P. A. HOLDER SURVEY
ABSTRACT NO. 297
CALLED 147.076 ACRES
ROUND ROCK REAL ESTATE
INVESTMENTS, LTD.
TRACT 3
VOL. 2418, PAGE 51
O. R. W. C. T.
LEGEND �—
• = 1/2" IRON ROD FOUND
A = 60d NAIL IN FENCE POST MARKED
"SURVEY MARK LANDESIGN" FOUND
0 = 1/2" IRON ROD WITH ALUMINUM CAP
STAMPED "C.O.R.R. R.O.W." SET
p = CALCULATED POINT
R.O.W. = RIGHT-OF-WAY
P. R. W. C. T. = PLAT RECORDS WILLIAMSON COUNTY,
TEXAS
0. R. W. C. T. = OFFICIAL RECORDS WILLIAMSON
COUNTY, TEXAS
O. P. R. W. C. T. = OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS
DRAINAGE EASEMENT
0.041 ACRE
SEE DETAIL 'B'
GENERAL NOTES;
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE.
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE
COORDINATE SYSTEM NAD '83 (HARN '93), WHICH IS BASED ON LEICA'S
CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK.
`
FOREST CREEK
3
�
Y
SITE
o
m
W
0
0
o
0i
t
GATTIS SCHOOL RD.
�
Li
J
M
0
0
S' H• 45
3 OF 4
ROUND ROCK
PLAT NO. A-5165 DRAFT DATE
WORK ORDER NO.1500603 FIELDBOOK
P. A. HOLDER SURVEY
ABSTRACT NO. 297
CALLED 147.076 ACRES
ROUND ROCK REAL ESTATE
INVESTMENTS, LTD.
TRACT 3
VOL. 2418, PAGE 51
O. R. W. C. T.
LEGEND �—
• = 1/2" IRON ROD FOUND
A = 60d NAIL IN FENCE POST MARKED
"SURVEY MARK LANDESIGN" FOUND
0 = 1/2" IRON ROD WITH ALUMINUM CAP
STAMPED "C.O.R.R. R.O.W." SET
p = CALCULATED POINT
R.O.W. = RIGHT-OF-WAY
P. R. W. C. T. = PLAT RECORDS WILLIAMSON COUNTY,
TEXAS
0. R. W. C. T. = OFFICIAL RECORDS WILLIAMSON
COUNTY, TEXAS
O. P. R. W. C. T. = OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS
DRAINAGE EASEMENT
0.041 ACRE
SEE DETAIL 'B'
GENERAL NOTES;
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE.
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE
COORDINATE SYSTEM NAD '83 (HARN '93), WHICH IS BASED ON LEICA'S
CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK.
`
FOREST CREEK DRIVE
SEE DETAIL 'ATTT
(VARIABLE WIDTH R.O.W.)
O. P. RW
P. R. W. C. T.
0
0
I
Im
z
0
z
3 OF 4
0 300' 600'
' SCALE
PLAT NO. A-5165 DRAFT DATE
WORK ORDER NO.1500603 FIELDBOOK
0
I
o�co
F/N # 1500603R PARCEL 1 DE R1
�YTRACT LINE FIELD NOTE
0
POINT OF
0 r>-
N
SCALE: 1 " = 300'
BEGINNING
; I
I
LOT 86, BLOCK A
CALLED 10.785 ACRES
THE PRESERVE
BRIAN JAMES GRAVER AND
1
c1
00 Ln
AT DYER CREEK
Cr ;
FINAL PLAT PHASE ONE
\
!r—L1
- - TRACT LINE
CALLED 11.12 ACRES
SEE DETAIL 'ATTT
CAB. DD, SL. 274-276
O. P. RW
P. R. W. C. T.
0
0
I
o�
0
RET A. NOLEN, R.P.L.S. NO. 5589
3 OF 4
0 300' 600'
' SCALE
PLAT NO. A-5165 DRAFT DATE
WORK ORDER NO.1500603 FIELDBOOK
10/25/201 DRAWN DRAWN BY
303 TAB # A-5165
I
DIGITAL FILE 1500603R DE R1
F/N # 1500603R PARCEL 1 DE R1
�YTRACT LINE FIELD NOTE
�1
POINT OF
N
BEGINNING
z
CALLED 10.785 ACRES
I o
BRIAN JAMES GRAVER AND
1
c1
00 Ln
SHEILA JOY OFFUTT
Cr ;
DOC. NO. 2004060159
1
0. P. R. W. C. T.
\
!r—L1
- - TRACT LINE
CALLED 11.12 ACRES
SEE DETAIL 'ATTT
JOHN N. PAUL
DOCUMENT NO. 9867726
O. P. RW
1 Chisholm Trail, Suite 130 e�.'�
S R
p&y,j
Round Rock, Texas 78681 512.248.0065 k �l� ` ' '° 6"a
TEXAS REGISTERED ENGINEERING FIRM F-1741,°�""�'
TBPLS 10194125Arl� k
cra
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL�yDWLE AND BELIES THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED REQUIRE FOR
\�
LAND SURVEYS IN THE STATE OF TEXAS.
SURVEYED DURING:
OCTOBER, 2018
RET A. NOLEN, R.P.L.S. NO. 5589
3 OF 4
0 300' 600'
' SCALE
PLAT NO. A-5165 DRAFT DATE
WORK ORDER NO.1500603 FIELDBOOK
10/25/201 DRAWN DRAWN BY
303 TAB # A-5165
0 2018 ALL RIGHTS RESERVED
DIGITAL FILE 1500603R DE R1
F/N # 1500603R PARCEL 1 DE R1
EXHIBIT ``® '
DRAINAGE EASEMENT
(30—FOOT WIDE PERMANENT DRAINAGE EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.041 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LINE TABLE
LINE
BEARING
LENGTH
L1
N 01'41'52" W
25.48'
L2
S 7913'12" W
30.00'
L3
N 80'25'37" E
30.00'
CURVE TABLE
CURVE
RADIUS
ARC
DELTA
CH. BEARING
CHORD
C-1
2833.00'
370.84'
007'30'00"
S 14'31'48" E
370.58'
C-2
2848.00'
60.00'
001'12'26"
N 10'10'35" W
60.00'
C-3
2818.00'
59.37'
001'12'26"
S 1010'35" E
59.37'
DETAIL 'B' ` PROPOSED
1 R.O.W.
L3
15.00'
C�
N `'A I
FIELD NOTE
POINT OF
1-2 BEGINNING
15.00'
147.076 1
AC.
1 Chisholm Trail, Suite 130
C P&yj Round Rock, Texas 78681 512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F-1741�'�°
TBPLS 10194125 { Nil41-(yA�RFjA.f;
1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE ND BELIEF THATA.
THIS PLAT AND THE SURVEY UPON ICH IT IS BASED M TS Q EN�h`�OIREMR °L•�•:°R',
LAND SURVEYS IN THE STATE OF TEXAS., _ U A %�'r/
WH
SURVEYED DURING:
OCTOBER, 2018 A. NOLEN, S. N0. 5589 4 OF 4
0 300' 600' PLAT NO. A-5165 DRAFT DATE 10/25/2018 DRAWN BY DLM
SCALE WORK ORDER NO.1500603 FIELDBOOK 303 TAB # A-5165
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R DE R1 F/N # 1500603R PARCEL 1 DE R1
DETAIL 'A'
\
�
rn
0
I
bo
0
(\
10.785
I
AC.
147.076
AC. \
- - _
�I
J
\j
11.12 AC.
DETAIL 'B' ` PROPOSED
1 R.O.W.
L3
15.00'
C�
N `'A I
FIELD NOTE
POINT OF
1-2 BEGINNING
15.00'
147.076 1
AC.
1 Chisholm Trail, Suite 130
C P&yj Round Rock, Texas 78681 512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F-1741�'�°
TBPLS 10194125 { Nil41-(yA�RFjA.f;
1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE ND BELIEF THATA.
THIS PLAT AND THE SURVEY UPON ICH IT IS BASED M TS Q EN�h`�OIREMR °L•�•:°R',
LAND SURVEYS IN THE STATE OF TEXAS., _ U A %�'r/
WH
SURVEYED DURING:
OCTOBER, 2018 A. NOLEN, S. N0. 5589 4 OF 4
0 300' 600' PLAT NO. A-5165 DRAFT DATE 10/25/2018 DRAWN BY DLM
SCALE WORK ORDER NO.1500603 FIELDBOOK 303 TAB # A-5165
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R DE R1 F/N # 1500603R PARCEL 1 DE R1
f@ -
r r P� � PI SfA1 No=72 30 FI VAM=85++1..48
.BEGIN PROJECT �' J v NORTHING 10.159,691.3205 NORTHING — 10,159691.7839 NORTHING - 10,158.365.5280
STA 84+90.83 �m FASDHG- 3,145,835.7922 FASTING-3,146,065.4481 FASTING— 3,146,109.3422
DELTA—35- 27'59-(RT) DELTA- 1. 33' 40- (RT) DELTA— 21' 54' OF(LT)
I/ p �. RADIUS= 1,400.00' RADIUS 4,000.00' RADIUS 2,750.00'
D—4' 05'33' D V 25' 57' D Y 05' 01'
TANGENT— 447.69' TANGENT- 54.50' TANGEM—532.09'
LENGTH - 886.61' LENGTH — 108.99' LENGTH — 1,051.19'
.. <. ,7 L REST-
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