Contract - Round Rock Ranch, LTD - 5/14/2020 REAL ESTATE CONTRACT
Kenney Fort Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ROUND
ROCK RANCH, LTD., a Texas limited partnership, (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 4.123 acre tract of land out of and situated in the P.A. Holder
Survey, Abstract No. 297 in Williamson County, Texas; more fully described by
metes and bounds in Exhibit"A", attached hereto and incorporated herein Parcel
1); and
Drainage Easement interest in and across all of that certain 0.021 acre tract of land
situated in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas;
and being more particularly described in Exhibit `B" attached hereto and
incorporated herein for all purposes(Parcel 1DE);
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"
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 Property, compensation for any improvements on the
Property, and for any damage or cost of cure for the reconfiguration of the remaining property of
Seller shall be the sum of NINE HUNDRED SEVENTY-FIVE THOUSAND and 00/100 Dollars
($975,000.00).
00443628.DOC
Z,21-020-
✓21-020r 6 3 r
Pursuant to the terms of that certain Possession and Use Agreement for Transportation
Purposes, recorded as Document No. 2019048621 of the Official Records of Williamson County,
Texas, Purchaser has previously paid to Seller the amount of$874,882.00, and which amount is to
be deducted from any final purchase or settlement amount. Therefore, the net amount now due
and owing to Seller for purchase of the Property in satisfaction of this Contract is ONE
HUNDRED THOUSAND ONE HUNDRED EIGHTEEN and 001100 Dollars($100,118.00).
Special Provisions and Additional Compensation
2.02. As additional compensation from Purchaser, and as an obligation which shall survive
the Closing of this transaction, Purchaser shall at its sole expense cause to be constructed as part
of the planned Kenney Fort Boulevard roadway improvements upon the Property a median break
left turning movement in the location (approximately Sta. 78+00) and substantially according to
the plans, notes and specifications as set out in Exhibit "C" attached hereto and incorporated
herein. By execution of this contract Seller agrees to allow Purchaser, its agents and contractors to
temporarily access the remaining property of Seller only to the extent and duration necessary to
carry out the obligations of this Paragraph.
In addition, by execution of this contract City agrees that Purchaser, its successors or
assigns shall be legally permitted to construct at their own expense a commercial specification
driveway connection from the remaining property of Seller to the proposed Kenney Fort Blvd.
roadway improvements in the location and to align with the median break left turning movement
at approximately Sta. 78+00 RT, and as shown on Exhibit "C" attached hereto and incorporated
herein. The final design and specifications for the driveway permitted herein shall otherwise
comply with any applicable criteria contained within the Code of Ordinances for the City of
Round Rock for the developed uses on the remaining property of Seller.
Payment of Purchase Price
2.03.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 following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
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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 is not aware of any, applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof,with which Seller has not complied;
4.02. The Property herein is beingconveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
June 1, 2020, 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:
(l) Deliver to the City of Round Rock, 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, Texas a duly executed and acknowledged Drainage
Easement conveying such interest to all of the Property described in Exhibit "B", both free and
clear of any and all monetary liens and restrictions,except for the following:
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(a) General real estate taxes for the year of Closing;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof,and
(c) Any exceptions approved by Purchaser in writing.
(2)The Deed shall be in the form as shown in Exhibit"D"attached hereto.
(3) The Drainage Easement shall be in the form as shown in Exhibit"E"attached hereto.
(4) Provide reasonable assistance as requested, at no cost to Seller, to cause delivery 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 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
(c) The exception as to the lien for taxes shall be Iimited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
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 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, which directly result from the conveyance described herein
shall be paid by Purchaser.
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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.
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: (1)
enforce specific performance of this Contract; or(2) request that the Escrow Deposit, if any, shall
be paid to the Seller.
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.
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Texas Law to Anply
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.
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.
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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.
Effe-dive Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
SELLER:
ROUND R
O
C
K
A
CH
TD.,
a Texas limipartner iP
Address:
, IBV:
Its: 0;rt-,,;Jr
Date:-
7
PURCHASER:
CITY OF ROUND ROCK,TEXAS
By: Address: 221 East Main St.
Craig M rgan,Iv
yor Round Rock,Texas 78664
Date: •��
8
EXHIBIT"A"
PARCEL 1
Variable Width Right-of-Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
4.123 ACRE TRACT OF LAND OUT OF THE
ROUND ROCK REAL ESTATE TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 4.123 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 INVESTMENTS, LTD. AND RECORDED IN VOLUME 2418,
PAGE 51 OF THE OFFICIAL RECORDS OF SAID COUNTY; SAID 4.123 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
common north line of said 147.076 acre tract and 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 and POINT OF BEGINNING i
hereof;
THENCE with the common north line of said 147.076 acre tract and 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 the right, having a radius of 1,350.00 feet, an arc length of
351.31 feet, a central angle of 0140 54' 36", and a chord which bears,
North 800 20' 57" East, a distance of 350.32 feet to a calculated point for a point of
tangency hereof, and
2) North 89° 29' 37" East, a distance of 4.26 feet to a calculated point on the east line of said
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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,
and in part with the west line 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,
the following five (5) courses and distances:
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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,
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Page 1 of 5
3) South 010 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 010 41' 52 East, a distance of 460.80 feet to a 112-inch iron rod found for the
common southwest corner of said 10.785 acre tract and the northwest corner of said 11.12
acre tract,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 six (6) 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
788.29 feet, a central angle of 015° 56' 34", and a chord which bears,
North 100 18' 31"West, a distance of 785.75 feet to a 112-inch iron rod with aluminum cap
stamped"C.O.R.R. R.O.W." set for a point of tangency hereof,
2) 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 a non-tangent point of curvature hereof,
3) with the arc of a curve to the left, having a radius of 3,913.01 feet, an arc length of
106.77 feet, a central angle of 001° 33' 48", and a chord which bears,
North 02°40' 30"West, a distance of 106.76 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, f
4) North 030 27' 24" West, a distance of 59.03 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,
5) North 44° 48' 51" West, adistance of 32.13 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, and
6) with the arc of a curve to the left, having a radius of 1,350.00 feet, an arc length of
230.63 feet, a central angle of 009° 47' 18", and a chord which bears,
South 77°25' 00"West, a distance of 230.35 feet to a 1/2-inch iron rod with aluminum cap
stamped"C.O.R.R. R.O.W." set on an angle point of the north line of said 147.076 acre tract
and being the south right-of-way line of said Forest Creek Drive, for a west corner hereof;
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THENCE with north line of said 147.076 acre tract and being the south right-of-way line said
Forest Creek Drive, North "27° 09' 37" East, a distance of 28.13 feet to the POINT OF
BEGINNING and containing 4.123 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. j
Surveyed in the field during January, 2020. ,� 0lr,s. ;,
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MARGARET A.NOLEN
5589
r . N n, R. . .S. o. 5589 ��,' �s$'►��•a,�'
CPV, Inc. SvVt
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One Chisholm Trail, Suite 130
Round Rock,Texas 78681
Ph. (512) 248-0065
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TBPLS Firm No. 10194125
Project No. 1500603
G:IPROJECTS11500603R-Kenney Fort Blvd.Extension\METES AND BOUNDSX1500603R PARCEL 1 R3.doc
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Page 3 of 5
EXHIBIT "A"
PARCEL I
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 4.123 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP FIELD NOTE J FOREST CREEK DRIVE
FOREST CREEK 3 POINT OF (VARIABLE WIDTH R.O.W.)
BEGINNING
SITE Lg SEE DETAIL 'A'
C,4 N a
0 GAT IS SCHOOL RD. � L4 o a
J C-3
o wIC
S.k. 45 M M
ROUND ROCK I
CALLED 147.076 ACRES Z I
DETAIL 'A' ROUND ROCK REAL ESTATE o rn (n SCALE: 1" �= 300'
L1 INVESTMENTS, LTD. (A p
VOL. TRACT418, PAGE 51 I v
O.R.W.C.T. >CD Z m o
N 0
rn
P. A. HOLDER SURVEY v -:;o 00
4 LEGEND ABSTRACT NO. 297Cq
I n r-n oro
• = 1/2" IRON ROD FOUND J vi I v>jA
o A= CALCULATED POINT ny Mn
N 60d NAIL IN FENCE POST MARKED m z c-)
"SURVEY MARK LANDESIGN" FOUND I r'm o D
a= 1/2" IRON ROD WITH ALUMINUM CAP PROPOSED v �. -•j
„ „ R.O.W. LINE
3C STAMPED C.O.R.R. R.O.W. SET cwn / i
a R.0.W. = RIGHT-OF-WAY
P.R.W.C.T. = PLAT RECORDS WILLIAMSON COUNTY, TRACT UNE m n 0
TEXAS I -- �'� '
a O.R.W.C.T. = OFFICIAL RECORDS WILLIAMSON N TRACT LINE 1
CL SEE DETAIL C
a COUNTY, TEXAS 15' PERMANENT (A U
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, DRAINAGE:
C WILLIAMSON COUNTY, TEXAS EASEMENT j CALLED 10.785 ACRES
( ) = RECORD INFORMATION oa Ln BRIAN JAMES GRAVER AND
GENERAL NOTES: q" SHEILA JOY OFFUTT
En 1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. m
DOC. NO. 2004060159
3 2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS O.P.R.W.C.T.
AND CONDITIONS THAT MAY BE APPLICABLE. __ TRACT UNE
0 3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. SEE DETAIL 'B' --CALLED 11.12 ACRES
r 4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE COORDINATE JOHN N. PAUL
W SYSTEM NAD '83 (HARN '93), WHICH IS BASED ON LEICA'S CENTRAL TEXAS '!! DOCUMENT NO. 9867726
GPS COOPERATIVE CORS RTK NETWORK. I O.P.R.W.C.T. !
1 Chisholm Trail, Suite 130
Round Rock, Texas 78681 512.248.0065
CTEXAS REGISTERED ENGINEERING FIRM F-1741 P&yj
Y TBPLS 10194125
M I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR
LAND SURVEYS IN THE STATE OF TEXAS.
SURVEYED DURING:
o JANUARY, 2020 MARGARET A. NOLEN, R.P.L.S. NO. 5589 4 OF 5 I
a 0 300' 600' PLAT NO. A►-5136 DRAFT DATE 01/21/2020 DRAWN BY_MAN �
SCALE WORK ORDER NO.1500603 FIELDBOOK 303 TAB # A-5136 I
02020 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL, 1R3 F/N # 1500603R PARCEL 1R3
EXHIBIT "A'
PARCEL I
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 4.123 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
DETAIL 'B DETAIL C
LINE TABLE
LINE BEARING LENGTH
L1 N 89029'37" E 4.26' I
L2 S 30'10'16" E 14.08' j
L3 S 01'41'52" E 25.48' C
L4 N 0327'24" W 59.03'
I
L5 N 44048'51" W 32.13'
L6 N 27'09'37" E 28.13'
w I �
L7 S 7913'12" W 15.00' N TRACT LINE
E L8 N 10'10'35" W 60.00' L9�
N '
0 L9 N 80'25'37" E 15.00' 00
y
W) (N 87'48'15" E) (4.21') '
04 15' PERMANENT
N DRAINAGE L7�
{L2) {N 30'1016 E) (14.08) EASEMENT T
N
CAVED
CURVE TABLE ACRES
CURVE RADIUS ARC DELTA CH. BEARING CHORD n
C-1 1350.00' 351.31' 014'54'36" N 80'20'57" E 350.32'
a
C-2 2833.00' 788.29' 015'56'34" N 10'18'31" W 785.75'
M
O
W
C-3 3913.01' 106.77' 001'33'48" N 02'40'30" W 106.76'
Ln
C-4 1350.00' 230.63' 009'47'18" S 77'25'00" W 230.35'
C-5 2833.00' 370.84' 007'30'00" N 14'31'48" W 370.58' w CALLED
11.12
C-6 2833.00' 59.69' 001'12'26" N 10410'35" W 59.68' ACRES
0
C C-7 2833.00' 357.77' 007'14'08" N 05'57'19" W 357.53'
N
C
d
W
1 Chisholm Trail, Suite 130
0
C P&yj Round Rock, Texas 78681 512.248.0065 �� Goes log,
TEXAS REGISTERED ENGINEERING FIRM F-1741 ��,ti ���;'��,
Y TBPLS 10194125
MARGARET A.NOLEN
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOT E AND BELIEF THAT 5589 �r•
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASE M.EETS�THE REQUIREMEN R �g ��ap,,,4_.� � p';ec��'
LAND SURVEYS IN THE STATE OF TEXAS. �►/4,�&&Vossvv'Ic
SURVEYED DURING:
o JANUARY, 2020 RET A. NOLEN, ff.-P.L.S. NO. 5589 1 50F 5
Ix 0 300' 600' PLAT NO. A-5136 DRAFT DATE 01/21/2020 DRAWN BY `-
�' SCALE WORK ORDER NO.1500503 FIELDBOOK 303 TAB # A-5136
0 2020 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL 1 R3 F/N # 1500603R PARCEL 1113
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EXHIBIT B
PARCEL 1 -DRAINA ASEMENT
15-FOOT WIDE PERMANENT DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION OF A
0.021 ACRE TRACT OF LAND OUT OF THE
ROUND ROCK REAL ESTATE TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.021 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 0.021 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 112-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, for the southeast corner and POINT OF BEGINNING hereof, from which a 112-inch iron
rod found at the common southwest corner 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, 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 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, and North 010 41'
52"West, a distance of 25.48 feet;
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, a distance
of 15.00 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 01" 12' 26", and a chord which bears,
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North 10° 10' 35"West, a distance of 60.00 feet to a calculated point, for the northwest
corner hereof,
3) North 800 25' 37" East, a distance of 15.00 feet to a 112-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
i
4) with the arc of a curve to the left, having a radius of 2,833.00 feet, an arc length of
59.69 feet, a central angle of 010 12' 26", and a chord which bears,
South 10° 10'35" East, a distance of 59.68 feet to the POINT OF BEGINNING and
containing 0.021 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. f
Basis of Bearings: Bearings are based on the Texas Central State Plane Coordinate System
NAD '83 (HARK '93), which is based on Leica's Central Texas GPS Cooperative CORS RTK i
Network.
Surveyed in the field during October, 2018. O ��
Gi IQ-
MARGARET A.
Q-MARGARETA.NO-LEN i
aret A. Nolen, R. .L.S. No. 5589 9. 55gg P.�.
CP&Y, Inc.
One Chisholm Trail, Suite 130 U l�
it
Round Rock, Texas 78681
Ph. (512)248-0065
TBPLS Firm No. 10194125
Project No. 1500603 (I
1
G:IPROJECTS11500603R-Kenney Fort Blvd.ExfensionlMETES AND BOUNDS11500603R PARCEL 1 DE R1.doc
Page 2 of 4
EXHIBIT `IBI'
DRAINAGE .EASEMENT
(16—FOOT WIDE DRAINAGE EASEMENT) i
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.021 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP J !FOREST CREEK DRIVE
FOREST CREEK 3' (VARIABLE WIDTH R.O.W.)
SITE m P. A. HOLDER SURVEY
z
GATTIS SCHOOL RD. ABSTRACT NO. 297 Z
<
- I
� o
g S-NI 45 CALLED 147.076 ACRES
ROUND ROCK ROUND ROCK REAL ESTATE
INVESTMENTS, LTD. ` rn o
TRACT 3 a SCALE: 1" = 300'
VOL. 2418, PAGE 51
O.R.W.C.T. I� I
I LOT 86, BLOCK A
THE PRESERVE '
AT DYER CREEK
I FINAL PLAT PHASE ONE I
DRAINAGE EASEMENT CAB. DD, SL. 274-276
i 0.021 ACRE P.R.W.C.T.
Qt ,
LEGEND '
• = 1/2" IRON ROD FOUND
M ♦= 60d NAIL IN FENCE POST MARKED A
"SURVEY MARK LANDESIGN" FOUND l
O= 1/2" IRON ROD WITH ALUMINUM CAP /
STAMPED "C.O.R.R. R.O.W." SET
c 0= CALCULATED POINT
R.O.W. = RIGHT-OF-WAY ` 1
lu lu P.R.W.C.T. = PLAT RECORDS WILLIAMSON COUNTY,
a: 4112ACT LINE I
a TEXAS FIELD NOTE I
O.R.W.C.T. = OFFICIAL RECORDS WILLIAMSON SEE DETAIL7B POINT OF '
ERMANENT
COUNTY, TEXAS ts' NAGE zEASMENT
DL'CINNINC f
", O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, a CALLED 10.785 ACRES
r WILLIAMSON COUNTY, TEXAS .�: BRIAN JAMES GRAVER AND
GENERAL NOTES: SHEILA JOY OFFUTT
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. j� o N DOC. N0. 2004060159
PA 2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS �� I O.P.R.W.C.T. i
o AND CONDITIONS THAT MAY BE APPLICABLE.
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. _ TRACT LINE
---------
VO
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE Zl CALLED-11.12 ACRES
C COORDINATE SYSTEM NAD '83 (HARK '93). WHICH IS BASED ON LEICA'SSEE DETAIL 'A' , JOHN N. PAUL
w CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. i DOCUMENT N0. 9867726
O.P.R.W.C.T.co
I
1 Chisholm Trail, Suite 130
CRound Rock, Texas 78681 512.248.0065 OF
Y AS TEXREGISTERED ENGINEERING FIRM F-1741 ,�P�y �QR �,v
P&yj
TBPLS 10194125 y '�
M I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL K GE AND BELIEF THAT
MARGARET A.NOLEN
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED REQUIREMEN FOR 5589 4•er
10 LAND SURVEYS IN THE STATE OF TEXAS. ,���
E S���'A4
Lo.- *
� SURVEYED DURING: 'U
o OCTOBER, 2018 ARET A. NOLEN, R.P.L.S. NO. 5589 3 OF 4
Ix 0 300' 600' PLAT NO. A--5165 DRAFT DATE 10/251201$ DRAWN BY—DILM
SCALE WORK ORDER N0.1500603 FIELDBOOK 303 TAB # A-5165
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R DE R1 F/N #1500603R PARCEL 1 DE R1
EXHIBIT ` B'
DRAINAGE EASEMENT
(15--FOOT WIDE PERMANENT DRAINAGE EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.021 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
r
{ DETAIL 'A'
1 ` i
i
1b
LINE TABLE �1 0. 10.785 w
ILINE BAC.LENGTH ,
L1 N 01'41'52" W 25.48'
L2 S 7913'12" W 15.00' 147.076
L3 N 80'25'37" E 15.00' AC.
E i 11.12 AC.
o i 1
in CURVE TABLE
i
i CURVE RADIUS ARC DELTA CH. BEARING CHORD
N 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 10410'35" W 60.00DETAIL B PROPOSED '
M C-3 2833.00' S9.fi9' 001'12'26" S 10'10'35" E 59.68' R.O.W.
3
3
Fr
NOTF
0 POINT of
i w N 0 BEGINNING j
U
Q
a
i
o
1
147.076
a AC.
3
0
l
w �
1
1 Chisholm Trail, Suite 130
L2C P&yj Round Rock, Texas 78681 512.248.0065 ,�A'� 6a °�
TEXAS REGISTERED ENGINEERING FIRM F-1741 h ��, �-9 'p
TBPLS 10194125
1WAR1iARET A NOL F-N
M I HEREBY STATE THAT TO THE BEST OF 7GZ4f=
DGE AND BELIEF THAT 40
THIS PLAT AND THE SURVEY UPON WHICREQUIREME FOR < ��, SbA .
4
o LAND SURVEYS IN THE STATE OF TEXAS.
SLUR
P SURVEYED DURING:
o OCTOBER, 2018 . N0. 5589 4 OF 4
M 0 300' 600' PLATNO. A-5165 DRAFT DATE 10/2512018 DRAWN BY.-DI-M
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 81
PM�&-.--
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AND SNA-Lf - CURB k GU:TER(m). .
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j _ LONSTRUCFV1.SEE MiEW Y DETA PAFs£EM FOR
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location (F-Sta. aPAYS
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EXHIBIT "D"
Parcel 1
DEED
Kenney Fort Boulevard Right of Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
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.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That ROUND ROCK RANCH, LTD., a Texas limited partnership, hereinafter referred to as
Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas,
the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained,
either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell
and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land
lying and being situated in the County of Williamson, State of Texas, along with any
improvements thereon, being more particularly described as follows:
All of that certain 4.123 acre tract of land out of and situated in the P.A. Holder Survey,
Abstract No. 297 in Williamson County, Texas; more fully described by metes and
bounds in Exhibit"A",attached hereto and incorporated herein Parcel 1 ;
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the property described in said Exhibit
"A" to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for 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.
00440746.DOC
Grantor reserves all of the oil,gas and other minerals in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,
mining or drilling or pumping the same; provided, however, that operations for exploration or recovery
of any such minerals shall be permissible so long as all surface operations in connection therewith are
located at a point outside the acquired parcel and upon the condition that none of such operations shall
be conducted so near the surface of said land as to interfere with the intended use thereof or in any way
interfere with,jeopardize, or endanger the facilities of the City of Round Rock,Texas or create a hazard
to the public users thereof; it being intended, however, that nothing in this reservation shall affect the
title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel,
caliche, iron ore, gravel or any other road building material upon, in and under said land for the
construction and maintenance of Kenney Fort Boulevard.
TO HAVE AND TO HOLD the property herein described and herein conveyed together with
all and singular the rights and appurtenances thereto in any wise belonging unto City of Round
Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto City of Round Rock, Texas and its assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2020.
GRANTOR:
ROUND ROCK RANCH, LTD.,
a Texas limited partnership
By:
Name:
Its:
2.
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2020 by , in the capacity and for the purposes and consideration recited
therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock,Texas 78664
AFTER RECORDING RETURN TO:
3.
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 2020, by , in the capacity and for the purposes
and consideration recited herein.
Signature
Printed Name
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn:City Clerk
221 Main Street
Round Rock,Texas 78664
AFTER RECORDING RETURN TO:
4.
EXHIBIT "E"
DRAINAGE EASEMENT
Kenney Fort Boulevard
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That ROUND ROCK RANCH,LTD.,a Texas limited partnership(herein after referred to as
"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 storm sewer and drainage easement and right-of-way in, upon, over,
under,above and across the following described property:
All of that certain 0.021 acre tract of land situated in the P.A. Holder Survey,
Abstract No. 297, Williamson County, Texas; and being more particularly
described in Exhibit "A" attached hereto and incorporated herein for all
purposes(Parcel I DE).
The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the
purposes of location,placement,relocation,construction,operation,enlargement,maintenance,alteration,
repair, rebuilding, removal and patrol of storm sewer utilities and drainage facilities, to-wit: open
drainage channel and storm sewers and collection facilities, drainage pipes, culverts and all other surface
and subsurface drainage structures, lines, connecting lines, access facilities and related equipment, all
necessary conduits, valves, vaults, manholes, ventilators and appurtenances, and any necessary
accessories thereto.
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 Grantors 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 facilities thereon.
00443320.DOC
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof and to extend the cuts and fills
for such grading into and on the land along and outside the easement to such extent as
Grantee may find reasonably necessary to reasonably match the adjacent grade;
(b) In the event that no access to the easement is reasonably available from a public right of
way, the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, if such exist; otherwise by such route or
routes as shalt occasion the least practicable damage and inconvenience to Grantor;
provided that such right of ingress and egress shall not extend to any portion of Grantor's
property which is isolated from the easement by any public highway or road now
crossing or hereafter crossing the property;
(c) the right of grading for,construction,maintaining and using such roads on and across the
property as Grantee may deem necessary in the exercise of the right of ingress and egress
as allowed above or to provide access to property adjacent to the easement;
(d) the right from time to time to trim and to cut down and clear away any and all trees and
brush now or hereafter on the easement and to trim and to cut down and clear away any
trees on either side of the easement which now or hereafter in the opinion of Grantee may
be a hazard to any pipeline,valves,appliances, fittings, or other improvements by reason
of the danger of falling thereon or root infiltration therein, or which may otherwise
interfere with the exercise of Grantee's rights hereunder,provided,however,that all trees
which Grantee is hereby authorized to cut and remove,if valuable for timber or firewood,
shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood
shall be burned or removed by Grantee;
(e) the right to mark the location of the easement by suitable markers set in the ground;
provided that such markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of the easement;
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 Grantors private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the rights of ingress and egress or by
any wrongful or negligent act or omission of Grantee's agents or employees in the course
of their employment.
It is understood and agreed that any and all equipment and facilities placed upon said property
shall remain the property of Grantee.
Grantor hereby dedicates the easement as drainage and storm sewer easement for the purposes
stated herein.
2.
This easement is being delivered in lieu of condemnation.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns, forever, together with all and singular all usual and customary rights thereto in anywise
belonging,and together with the right and privilege at any and all times to enter said premises,or any part
thereof,for the purpose of constructing or maintaining said utilities and for making connections therewith,
and Grantor does hereby bind itself, it's 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 ,2020.
GRANTOR:
ROUND ROCK RANCH,LTD.,
a Texas limited partnership
By:
Name:
Its:
3.
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 2020, by , in the capacity and for the purposes
and consideration recited herein.
Signature
Printed Name
Notary Public,State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock,Texas 78664
AFTER RECORDING RETURN TO:
4.