R-2022-191 - 5/26/2022 RESOLUTION NO. R-2022-191
WHEREAS, the City of Round Rock ("City") desires to purchase 3.235 acres ("Property")
required for construction of the proposed Old Settlers Boulevard roadway extension; and
WHEREAS, Siena Municipal Utility District No. 1, 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 Siena Municipal Utility District No. l 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 26th day of May, 2022.
A Al
CRAIGOR N, Mayor
City of oun ock, Texas
ATTEST:
JM_.eaa4,
i
MEAGAN S KS, C-4 Clerk
011220222,4865-2733.0847
EXHIBIT
„A„
REAL ESTATE CONTRACT
Old Settlers Blvd. Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SIENA
MUNICIPAL UTILITY DISTRICT NO. 1, (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 3.235 acre (140,929 square foot) tracts of land out of and
situated in the Robert McNutt Survey, Abstract No. 422 in Williamson County,
Texas; more fully described in Exhibit "A", attached hereto and incorporated
herein;
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 TWO HUNDRED SEVENTY-THREE THOUSAND and 00/100
Dollars ($273,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash or other good funds at the Closing.
Special Provisions and Additional Consideration
2.03. Proposed Project Improvements. As an obligation which shall survive the Closing
of this transaction, and as additional consideration for the purchase and sale of the Property,
Purchaser agrees that, as part of the proposed Old Settlers Blvd. roadway extension construction
project ("Project"), it shall cause the construction of the 6' to 8' tali corridor fencing constructed
{W 1141638.51
of recycled rubber by Eco-Wall or another manufacturer of similar quality and appearance, the
proposed retaining walls, the 6' wide sidewalk, the 10' wide shared-use path, the crosswalk at
the intersection of Old Settlers Blvd. and CR 110, and the sidewalk along the westerly right-of-
way of CR 110 connecting Old Settlers Blvd. to Seller's existing trail system approximately 500
feet south of the Project, all of which are depicted on or described in the attached Exhibit `B"
and all of which must be constructed pursuant to plans and specifications in material
conformance with the plan sheets attached as Exhibit `B", which plans and specifications
Purchaser shall provide to Seller promptly upon formal,final approval by Purchaser and all other
applicable regulatory authorities. Notwithstanding the foregoing, the parties acknowledge that
the alignment of the sidewalk connection depicted on page 3 of Exhibit "B" is preliminary as of
the effective date of this Contract, and any final location or configuration shall be determined by
Purchaser after field data collection and verification and additional engineering review and
design, and shall otherwise comply with any applicable City of Round Rock Code of Ordinances.
By execution of this Contract, Seller hereby allows Purchaser, its contractors and agents to
temporarily enter the remaining property of Seller only to the extent and for the duration as
necessary to carry out the Project construction obligations of this Paragraph, and upon
completion shall restore Seller's property to like or better condition than which existed prior to
entry. The provisions of this Section 2.3 shall survive the Closing under this Contract.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the conditions in Section 3.02
below(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 current, actual knowledge of Seller:
(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.
{W 1141638.51 2
4.02. The Property herein is being conveyed to Purchaser in lieu of and under threat of
condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas National Title Company (the "Title
Company") on or before June 10, 2022, or at such other time, date, and place as Seller and
Purchaser may agree in writing(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 City of Round Rock, Texas a duly executed and acknowledged Deed in
conveying good and indefeasible title in fee simple to all of the Property described in Exhibit
"A", free and clear of any and all liens and restrictions, except for those matters set forth in the
Deed.
(2) The Deed shall be in the form as shown in Exhibit"C" attached hereto.
(3) Provide reasonable assistance as requested and at no cost to Seller to cause Title
Company to provide Purchaser at Closing 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 the
terms of such policy 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 limited 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.
{W 1141638.51 3
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,
but shall otherwise be the continuing obligation of Seller to fully satisfy. Agricultural roll-back
taxes, if any, which directly result from the completion of this transaction and conveyance 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 as incurred.
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 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. In the event Purchaser shall fail to diligently pursue and
complete its obligations under Section 2.03 of this Contract, Seller will be entitled to any and all
rights and remedies available to Seller at law or in equity. For the avoidance of doubt, the
foregoing sentence shall survive the Closing under this Contract.
{W 1141638.5} 4
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.
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.
{W 1141638.5} 5
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.
[SIGNATURE PAGE FOLLOWS]
{W 1141638.5} 6
SELLER:
SIEN NI PAL T ITY ISTRICT NO. 1
By: �L Address: c/o Armbrust& Brown, PLLC
Attn: Kevin M.Flahive
+,�J ,��,J 100 Congress Ave., Suite 1300
Name: OU 14 "" ��'� ► Austin,Texas 78701
Its: c. �T
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Craig Morgan, Mayor Round Rock,Texas 78664
Date:
;W1141638.5� 7
Exhibit"A"
EXHIBIT"A"
County: Williamson Page i of 6
Project: Old Settlers Blvd. March 25,2021
HalffAVO: 37145.001
BEING A 3.235 ACRE TRACT OF LAND (APPROX. 140,929 SQ. FT.) IN THE ROBERT
MCNUTT SURVEY ABSTRACT NO.422,BEING ALL OF LOT 1 E,BLOCK JJ AND 3E,BLOCK
11 OF SIENA SECTION 23A,A SUBDIVISION OF RECORD IN DOCUMENT NO.2015008675
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS(O.P.R.W.C.T.),
CONVEYED TO SIENA MUNICIPAL UTILITY DISTRICT NO. 1 IN DOCUMENT NO.
2016053677,O.P.R.W.C.T.;SAID 3.235 ACRE TRACT BEING HEREINAFTER DESIGNATED
BY PART 1 AND PART 2, AND MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
PART 1-1.616 ACRES(APPROX.70,391 SQ.FT.)
BEGINNING at a 1/2-inch iron rod with"RJ Surveying"cap found in the east line of the 40.052
acre tract of land conveyed to City of Round Rock, Texas in Document No. 2018096958
O.P.R.W.C.T.for the southwest comer of said Lot 3E,being common comer with Lots 85 and 84
of said Siena Section 23A,having Texas State Plane NAD 83(Central Zone)surface coordinate
values N 10174299.60 and E 3155314.91;
THENCE North 05"33'35"West,with the west line of said Lot 3E, in part, being the east line of
said 40.052 acre tract a distance of 100.28 feet to a 1/2-inch iron rod with"RJ Surveying"cap
found for the northwest comer of said Lot 3E, being the southwest comer of Lot 65 for the
northwest corner of the herein described tract of land;
THENCE North 80'1243"East,with the north line of said Lot 3E,being the south lines Lots 65-
74, Block II of said Siena Section 23A,at a distance of 145.52 feet passing a 1/2-inch iron rod
with "RJ Surveying"cap found at the most southerly common corner of Lots 65 and 66, at an
additional distance of 102.69 feet passing a 1/2-inch iron rod with"RJ Surveying"cap found at
the most southerly common comer of Lots 66 and 67,at an additional distance of 106.09 feet
passing a 1/2-inch iron rod with"RJ Surveying"cap found at the most southerly common comer
of Lots 68 and 69; at an additional distance of 53.03 feet passing a 1/2-inch iron rod with"RJ
Surveying"cap found at the most southerly common comer of Lots 69 and 70,at an additional
distance of 52.88 feet passing a 1/2-inch iron rod with"RJ Surveying"cap found at the common
corner of Lots 70 and 71,at an additional distance of 52.99 feet passing a 1/2-inch iron rod with
"RJ Surveying"cap found at the most southerly common comer of Lots 71 and 72,at an additional
distance of 53.13 feet passing a 1/2-inch iron rod with "RJ Surveying" cap found at the most
southerly common corner of Lots 72 and 73,in all,a distance of 702.23 feet to a 112-inch iron rod
with"ATS"cap found in the curving west right-of-way line of Porano Circle(50'right-of-way width)
for the northeast comer of said Lot 3E,being the southeast comer of said Lot 74;
THENCE with the west right-of-way line of Porano Circle,being the east line of said Lot 3E,with
said curve to the left,having a radius of 1509.29 feet,a delta angle of 03"48'05",an arc length of
100 13 feet, and a chord which bears South 07"50'20" East, a distance of 100.12 feet to a
calculated point for the southeast comer of Lot 3E,being the northeast comer of Lot 75,Block 11
of said Siena Section 23A,for the southeast comer of the herein described tract,from which a
1/2-inch iron rod found bears South 09"OT18"East,a distance of 0.30 feet;
THENCE South 80"12'58"West, with the southeast line of said Lot 3E,being the northwest lines
of Lots 75-84,Block 11 of said Siena Section 23A,at a distance of 188.52 feet passing a 1/2-inch
iron rod found at the common comer of Lots 77 and 78,at an additional distance of 106.29 feet
passing a 1/2-inch iron rod with"RJ Surveying"cap found at the most southerly common comer
of Lots 79 and 80, at an additional distance of 53.22 feet passing a 1/2-inch iron rod with"RJ
{W 1141638.5) Exhibit"A" - 1
County: Williamson Page 2 of 6
Project: Old Settlers Blvd March 25,2021
Halff AVO: 37145.001
Surveying"cap found at the common corner of Lots 80 and 81,at an additional distance of 52.53
feet passing a 112-inch iron rod with"RJ Surveying"cap found at the most southerly common
corner of Lots 81 and 82,at an additional distance of 136.84 feet passing a 1/2-inch iron rod with
"RJ Surveying" cap found at the most southerly common comer of Lots 83 and 84, in all, a
distance of 706.22 feet to the POINT OF BEGINNING and containing 1.616 acres of land,more
or less,within these metes and bounds_
PART 2-1.619 ACRES(APPROX.70,538 SQ.FT.)
BEGINNING at a 112-inch iron rod with"RJ Surveying"cap found in the west right-of-way line of
County Road 110(CR 110)(right-of-way width varies)for the southeast corner of said Lot 1E,
being the northeast comer of Lot 16A,Block JJ of the Final Plat of Siena Phase 1,Section 22B,
having Texas State Plane NAD 83(Central Zone)surface coordinate values N 10174547.60 and
E 3156749.51;
THENCE South 80"07'48"West,with the south line of said Lot 1 E,in part,being the north lines
of said Lot 16A and Lots 15-11,Block JJ of said Siena Phase 1,Section 22B and Lots 7 and 6,
Block JJ of said Siena Section 23A,at a distance of 177.25 feet passing a 112-inch iron rod found
at the most northerly common comer of said Lots 15 and 14,at an additional distance of 80.25
feet passing a 1/2-inch iron rod with "RJ Surveying"cap found at the most northerly common
corner of Lots 14 and 13,at an additional distance of 53.05 feet passing a 1/2-inch iron rod with
"RJ Surveying"cap found at the most northerly common comer of Lots 13 and 12,at an additional
distance of 52 89 feet passing a 112-inch iron rod with "RJ Surveying" cap found at the most
northerly common corner of Lots 12 and 11,in all,a distance of 416.63 to a 1/2-inch iron rod with
"RJ Surveying"cap found at the most northerly common comer of Lots 10 and 11;
THENCE South 80°12'58"West,continuing with the south line of said Lot 1E, in part being the
north lines of Lots 10,9 and 8, Block JJ of said Siena Section 22B,and in part being the north
line of Lots 7 and 6,Block JJ of said Siena Section 23A,at a distance of 52.97 feet passing a 1/2-
inch iron rod with"RJ Surveying"cap found at the most northerly common comer of Lots 10 and
9,at an additional distance of 53.00 feet passing a 1/2-inch iron rod with"RJ Surveying"cap found
at the most northerly common corner of Lots 9 and 8, at an additional distance of 53.12 feet
passing a 1/2-inch iron rod with"RJ Surveying"cap found at the most northerly common comer
of Lots 8 and 7,in all,a distance of 283.03 feet to a calculated point in the east right-of-way line
of Porano Circle for the southwest comer of said Lot 1 E and southwest corner of the herein
described tract of land, from which a 1/2-inch iron rod found bears North 16°20'35" East, a
distance of 0.71 feet;
THENCE with the east right-of-way line of Porano Circle,being the west line of said Lot 1E,with
a curve to the right, having a radius of 1459.29 feet,a delta angle of 03"55'55",an arc length of
100.14 feet,and a chord which bears North 07°46'20"West, a distance of 100.12 feet to a 1/2-
inch iron rod with"ATS"cap found for the northwest comer of said Lot 1 E,being the southwest
comer of Lot 5,Block JJ of said Section 23A;
THENCE North 80"12'43"East,leaving the east right-of-way line of Parana Circle,with the north
line of said Lot 1 E and south lines of Lots 5-1 of Block JJ of said Siena Section 23A,passing a
112-inch iron rod found at the most southerly common corner of Lots 5 and 4 at a distance of
82.53 feet,at an additional distance of 52.97 feet passing a 1/2-inch iron rod with"RJ Surveying"
cap found at the most southerly common corner of Lots 4 and 3,at an additional distance of 53.05
feet passing a 1/2-inch iron rod with"RJ Surveying"cap found at the most southerly common
{W 1141638.5} Exhibit"A" -2
EXHIBIT"A"
County: Williamson Page 3 of 6
Project_ Old Settlers Blvd. March 25 2021
Halff AVO: 37145.001
comer of Lots 3 and 2;at an additional distance of 55.00 feet passing a 1/2-inch iron rod with"RJ
Surveying"cap found at the most southerly common comer of Lots 2 and 1,in all,a distance to
the calculated point angle point in the south line of Lot 1:.
THENCE North 80"08'22"East,continuing with the north line of said Lot 1E, 1n part, being the
south lines of Lots 1,3A and 2A Block JJ of said Siena Section 23A,at a distance of 19.14 feet
passing a 1/2-inch iron rod with"ATS"cap found at the most southerly common comer of said
Lots 1 and 3A, at an additional distance of 55.95 feet passing a 1/24nch iron rod with "RJ
Surveying" cap found at the most southerly common comer of said Lots 3A and 2A, in all, a
distance of 429.63 feet to a 1/2-inch iron rod with"Halff"cap set in the west right-of-way line of
CR 110,for the northeast comer of the herein described tract of land,from which a 1/2-inch iron
rod with"RJ Surveying"cap found at an angle point the west right-of-way line of CR 110 bears
North 02°23'03"West,a distance of 32 05 feet,
THENCE South 02"23'03"East.with the west right-of-way line of County Road 110(R.O.W.width
varies),being the east line of said Lot 1E,a distance of 100.87 feet to the POINT OF BEGINNING
and containing 1.619 acres of land,more or less,within these metes and bounds;
PART 1-1.616 ACRES(APPROX.70,391 SQ.FT.)
PART 2-1.619 ACRES tAPPROX.70.538 SQ.FT.1
TOTAL 3.235 ACRES(APPROX.140,929 SQ.FT.)
NOTES:
Basis of bearings is the Texas Coordinate System of 1983, Central Zone 4203(NAD83/2011).
All distances shown hereon are surface and may be converted to grid by dividing by the surface
adjustment factor of 1.00012, scaled about 0,0. Units: U.S. Survey Feet. Last date of Field
Survey:June 2,2020.
1,Curtis Wayne Watts,a Registered Professional Land Surveyor,do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property
described herein was determined by a survey made on the ground under my direction and
supervision.
WMarch 25,2021
OF
Curtis Wayne Watts,R.P.LS Date
Registered Professional Land Surveyor .... .................:....
Texas Registration No.6614 d CURTIS WAYNE WATTS
Halff Associates,Inc. TBPELS Firm No. 10029607 -;, 6614 , :
9500 Amberglen Blvd.,Bldg.F,Suite 125 ��Y�r4.s!0*....
Austin,Texas 78729 512-777-4600 SS
(W1141638.5) Exhibit"A" - 3
S�IA96 {,®RATILriYAE O
UNE DATA
LINE BEARING DISTANCE
L1 N 05'33'35" W 100.28'
L2 N 05733'35" W 22.55'
LEGEND
0 1Q-INCH IRON ROD WITH'HAL.FF'CAP SET L3 N 0723`03" W 32.05'
CALCULATED POINT
Ld S 02'23'03` E 100.87'
• 112-INCH IRON ROD FOUND
A7S9 1/2-INCH IRON ROD IMTH'ATS'CAP FOUND
Rio 112-INCH IRON ROD WITH"RJ SURVEYING'CAP FOUND
P.Q.B.POINT OF BEGINNING CURVE DATA `
P.Q.C.POINT OF COMMENCEMENT I
CURVE 9 RADIUS DELTA LENGTH BEARING CHORD LENGTH
Cl 1508.29" W48W 100.13' S 07'50'20"E 100.17
PART 1-1.616 ACRES(APPROX.70,391 SQ.FT.)
PART 2-1.619 ACRES(APPROX.70.538 SQ.FT.) C2 1459.29 3.55'55" 100.14' I N 07-4677 w 100.17 �
TOTAL 3.235 ACRES(APPROX.140.929 SQ.FT.) k
W
03^25-2021 OF p
Ul'J�'���5
THE IS A SURFACE DRA%MNa W CUR11S WAYNE WATTS
BEAMO SAS[&THE TEXAS COORDINATE SYSTEM OF 1983 LNA033L �' A„p 6614 Y Q-
CENTRAL ZONE 420).EASED ON MR TIRE REPE4TEDt7800891VATONS, -7.
Op Q
COMSNEO SCALE FACTOR•O.W9888014398412 �+a SUU RR j
�-{
(FOR SURFACE TOOK OOPDXASIONI NOTE.THIS SURVEY WAS PREPARED VATHCMTTHE `
BENEFIT OF A COMMITMENT FOR TITLE AND MAY BE
INVERSE SCALE FACTOR•I=12 SUBJECT TOAD6MIONAL EASEMENTS OR
NFOR GRID TO SURFACE CONVERSIDNi RESTRICTIONS NOT%WM HEREON.
SCALEDABOUTOA
Project No.:37145A01
HALFF 3.235 ACRES (APPROX. 140,929 SQ. FT.) Issued: 03125!2021
.a4��xEvat;i rp�F vr..Rif7G.;;imr1:- 37145001 SIENA EXHIBIT
�uF•ry••�yw rou" SIENA SECTION 23A
^0o.LS SURVEYM1 HRA•,O z"l M
ROUND ROCK,TEXAS 04 of 06
v
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SCALE: 1" = 100'
GRAPHIC SCALE
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SIENA SECTION 23A 'BLOCK'y { 74
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' 67 :3106'*61 T112�3 {5--cm F,som 35.91'
65 66 °12" �3aanJ 5Y,9(J 53'3E FOUN„OAp r V
5'P.uE.ifl'P.1 I�SDQ 52,aW SOUTH OF L
Y DOC.Na2014008575 Lon {5�,5oT~i.F FOUND 0.2 BLOCK II OPEN FOUND0.50' w
OPAW1C.T {�� 4'PUEITYP! SPACEFOUN00.29 NORTH OF PI
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CITY OF ROUND ROCK,TEXAS W t4s� 1 ,69 DOC-Na 20+4008875 NORTH OF PL
CALLED(40.052 ACRES) ^� �1— PART 14.616 ACRES FOUND ObOD'pAW�T'
145 57 166.52 tI
DOC.NO.20180969% %r (APPROX.70391 SO.FT.) FOUND 424' NORTH }
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Project No.:37145.001
HAIFF 3.235 ACRES(APPROX. 140,929 SQ. FT.) Issued: 03125!2021
.6W M.NFL,.I F, IVr..A.C<L;SURF..' 37145.001 SIENA EXHIBIT
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GRAPHIC SCALE
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Project No.:37145A01
HALff 3.235 ACRES (APPROX. 140,929 SQ. FT.) Issued: 03/25/2021
SIENA SECTION 23A 37145001 SIENA EXHIBIT
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{W1141638.5} Exhibit"B"- 3
Exhibit"C"
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 SIENA MUNICIPAL UTILITY DISTRICT NO. 1, 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 (the "Property"):
All of that certain 3.235 acre (140,929 square foot) tract of land out of and
situated in the Robert McNutt Survey, Abstract No. 422 in Williamson County,
Texas; more fully described in Exhibit "A", attached hereto and incorporated
herein.
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the Property: 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.
(W 1141638.5) Exhibit"C"- 1
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 Old Settlers Blvd.
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, subject to the matters set
forth herein, Grantor does hereby bind itself and its 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 by, through, or under Grantor, but not otherwise,
provided, however, that if any portion of the metes and bounds description of the
property attached hereto as Exhibit "A" is located outside the boundaries of Lot 3E,
Block II and Lot IE, Block JJ, SIENA SECTION 23A, a subdivision in Williamson
County, Texas, according to the map or plat thereof recorded under Document No.
2015008675, Official Public Records, Williamson County, Texas, then the conveyance
of such portion of the property is made without warranty of title or any other warranty
of any kind or nature.
Except as otherwise set forth herein and in the Real Estate Contract between Grantor
and City of Round Rock, Texas for the property (the "Contract"), the property is being
conveyed and sold by Grantor and purchased and accepted by City of Round Rock, Texas on
an "as-is, where-is and with all faults"basis, and with any and all conditions and defects which
may exist, and without the existence of and without reliance upon any representation,
warranty, agreement, or statement by Grantor or anyone acting on behalf of Grantor including,
without limitation, any broker, engineer, surveyor, appraiser or environmental consultants.
City of Round Rock, Texas has the right under the terms of the Contract to thoroughly
inspect and examine the property to the extent deemed necessary by City of Round Rock,
Texas in order to enable City of Round Rock, Texas to evaluate the purchase of the property
for City of Round Rock, Texas' intended use. City of Round Rock, Texas is relying solely
upon such inspections, examinations and evaluations of the property by City of Round Rock,
Texas and/or City of Round Rock, Texas' representatives in purchasing the property and
shall hold Grantor harmless of any and all existing conditions and defects relative to the
property.
This deed is being delivered in lieu of condemnation.
(W1141638.5) Exhibit"C"- 2
IN WITNESS WHEREOF, this instrument is executed on this the day of 2022.
[signature pages
fallow]
{W 1141638.5} Exhibit"C"- 3
GRANTOR:
SIENA MUNICIPAL UTILITY DISTRICT NO. 1
By:
Name:
Its:
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2022 by , in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of Texas
{W 1141638.5} Exhibit"C"-4
ACCEPTED AND AGREED
TO BY CITY OF ROUND ROCK,TEXAS:
By:
Name:
Its:
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2022 by , in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield,
PLLC 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:
{W 1141638.5} Exhibit"C"- 5
Exhibit"A"
The Property
EXHIBIT"A"
County: Williamson Page 1 of 6
Project: Old Settlers Blvd. March 25,2021
Halff AVO: 37145.001
BEING A 3.235 ACRE TRACT OF LAND (APPROX. 140,929 SQ. FT.) IN THE ROBERT
MCNUTT SURVEY ABSTRACT NO.422,BEING ALL OF LOT 1 E,BLOCK JJ AND 3E,BLOCK
11 OF SIENA SECTION 23A,A SUBDIVISION OF RECORD IN DOCUMENT NO.2015008675
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS(O.P.R.W.C.T.),
CONVEYED TO SIENA MUNICIPAL UTILITY DISTRICT NO. 1 IN DOCUMENT NO.
2016053677,O.P.R.W.C.T.;SAID 3.235 ACRE TRACT BEING HEREINAFTER DESIGNATED
BY PART 1 AND PART 2, AND MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
PART 1-1.616 ACRES(APPROX.70,391 SQ.FT.)
BEGINNING at a 112-inch iron rod with"RJ Surveying"cap found in the east line of the 40.052
acre tract of land conveyed to City of Round Rock, Texas in Document No. 2018096958
O.P.R.W.C.T.for the southwest comer of said Lot 3E,being common comer with Lots 85 and 84
of said Siena Section 23A,having Texas State Plane NAD 83(Central Zone)surface coordinate
values N 10174299.60 and E 3155314.91;
THENCE North 05"33'35"West,with the west line of said Lot 3E, in part,being the east line of
said 40.052 acre tract a distance of 100.28 feet to a 112-inch iron rod with"RJ Surveying"cap
found for the northwest comer of said Lot 3E, being the southwest comer of Lot 65 for the
northwest comer of the herein described tract of land;
THENCE North 80"1743"East,with the north line of said Lot 3E,being the south lines Lots 65-
74, Block 11 of said Siena Section 23A,at a distance of 145.52 feet passing a 1/2-inch iron rod
with "RJ Surveying"cap found at the most southerly common corner of Lots 65 and 66,at an
additional distance of 102.69 feet passing a 1/2-inch iron rod with"RJ Surveying"cap found at
the most southerly common comer of Lots 66 and 67, at an additional distance of 106.09 feet
passing a 1/2-inch iron rod with"RJ Surveying"cap found at the most southerly common comer
of Lots 68 and 69;at an additional distance of 53.03 feet passing a 1/2-inch iron rod with"RJ
Surveying"cap found at the most southerly common comer of Lots 69 and 70,at an additional
distance of 52.88 feet passing a 1/2-inch iron rod with"RJ Surveying"cap found at the common
corner of Lots 70 and 71,at an additional distance of 52.99 feet passing a 112-inch iron rod with
"RJ Surveying"cap found at the most southerly common comer of Lots 71 and 72,at an additional
distance of 53.13 feet passing a 1/2-inch iron rod with "RJ Surveying"cap found at the most
southerly common comer of Lots 72 and 73,in all,a distance of 702.23 feet to a 1/2-inch iron rod
with"ATS"cap found in the curving west right-of-way line of Porano Circle(50'right-of-way width)
for the northeast comer of said Lot 3E,being the southeast comer of said Lot 741-
THENCE
4;THENCE with the west right-of-way line of Porano Circle,being the east line of said Lot 3E,with
said curve to the left,having a radius of 1509.29 feet,a delta angle of 03"48'05",an arc length of
100.13 feet, and a chord which bears South 07°50'20" East, a distance of 100.12 feet to a
calculated point for the southeast comer of Lot 3E,being the northeast comer of Lot 75,Block 11
of said Siena Section 23A,for the southeast comer of the herein described tract,from which a
112-inch iron rod found bears South 09"07'18"East,a distance of 0.30 feet;
THENCE South 80"12'58"West, with the southeast line of said Lot 3E,being the northwest lines
of Lots 75-84,Block II of said Siena Section 23A,at a distance of 188.52 feet passing a 1/2-inch
iron rod found at the common comer of Lots 77 and 78,at an additional distance of 106.29 feet
passing a 112-inch iron rod with"RJ Surveying"cap found at the most southerly common comer
of Lots 79 and 80, at an additional distance of 53.22 feet passing a 1/2-inch iron rod with"RJ
{W1141638.5} Exhibit"C"- 6
County: Williamson Page 2 of 6
Project: Old Settlers Blvd March 25,2021
Hatff AVO: 37145.001
Surveying"cap found at the common comer of Lots 80 and 81,at an additional distance of 52.53
feet passing a 1/2-inch iron rod with'RJ Surveying"cap found at the most southerly common
comer of Lots 81 and 82,at an additional distance of 136-84 feet passing a 1/2-mch iron rod with
"RJ Surveying" cap found at the most southerly common comer of Lots 83 and 84, in all, a
distance of 706.22 feet to the POINT OF BEGINNING and containing 1.616 acres of land,more
or less,within these metes and bounds.
PART 2-1.619 ACRES(APPROX.70,538 SO.FT.)
BEGINNING at a 1/2-inch iron rod with"RJ Surveying"cap found in the west right-of-way line of
County Road 110(CR 110)(right-of-way width varies)for the southeast comer of said Lot 1 E,
being the northeast comer of Lot 16A,Block JJ of the Final Plat of Siena Phase 1,Section 22B,
having Texas State Plane NAD 83(Central Zone)surface coordinate values N 10174547.60 and
E 3156749.51;
THENCE South 80"07'48"West,with the south line of said Lot 1 E,in part,being the north lines
of said Lot 16A and Lots 15-11,Block JJ of said Siena Phase 1,Section 22B and Lots 7 and 6,
Block JJ of said Siena Section 23A,at a distance of 177-25 feet passing a 1/2-inch iron rod found
at the most northerly common comer of said Lots 15 and 14,at an additional distance of 80.25
feet passing a 112-inch iron rod with "RJ Surveying"cap found at the most northerly common
corner of Lots 14 and 13,at an additional distance of 53.05 feet passing a 1/2-inch iron rod with
"RJ Surveying"cap found at the most northerly common comer of Lots 13 and 12,at an additional
distance of 52 89 feet passing a 1/2-inch iron rod with "RJ Surveying" cap found at the most
northerly common corner of Lots 12 and 11,in all,a distance of 416.63 to a 1/2-inch iron rod with
"RJ Surveying"cap found at the most northerly common comer of Lots 10 and 11;
THENCE South 80°12'58"West,continuing with the south line of said Lot 1E, in part being the
north lines of Lots 10,9 and 8,Block JJ of said Siena Section 22B, and in part being the north
line of Lots 7 and 6,Block JJ of said Siena Section 23A,at a distance of 52-97 feet passing a 1/2-
inch iron rod with"RJ Surveying"cap found at the most northerly common corner of Lots 10 and
9,at an additional distance of 53.00 feet passing a 112-inch iron rod with"RJ Surveying"cap found
at the most northerly common corner of Lots 9 and 8, at an additional distance of 53.12 feet
passing a 112-inch iron rod with"RJ Surveying"cap found at the most northerly common comer
of Lots 8 and 7,in all,a distance of 283.03 feet to a calculated point in the east right-of-way line
of Porano Circle for the southwest corner of said Lot 1 E and southwest corner of the herein
described tract of land, from which a 112-inch iron rod found bears North 16"20'35" East, a
distance of 0.71 feet;
THENCE with the east right-of-way line of Porano Circle, being the west line of said Lot 1E,with
a curve to the right, having a radius of 1459.29 feet,a delta angle of 03"55'55",an arc length of
100.14 feet,and a chord which bears North 07"46'20"West, a distance of 100.12 feet to a 1/2-
inch iron rod with"ATS"cap found for the northwest comer of said Lot 1 E, being the southwest
comer of Lot 5,Block JJ of said Section 23A;
THENCE North 80"12'43"East,leaving the east right-of-way line of Porano Circle,with the north
line of said Lot 1 E and south lines of Lots 5-1 of Block JJ of said Siena Section 23A,passing a
112-inch iron rod found at the most southerly common corner of Lots 5 and 4 at a distance of
82.53 feet,at an additional distance of 52.97 feet passing a 1/2-inch iron rod with"RJ Surveying"
cap found at the most southerty common comer of Lots 4 and 3,at an additional distance of 53-05
feet passing a 1/2-inch iron rod with "RJ Surveying"cap found at the most southerly common
(W 1141638.51 Exhibit"C"- 7
EXHIBIT"A"
County: Williamson Page 3 of 6
Project: Old Settlers Blvd. March 25.2021
Halff AVO: 37145.001
comer of Lots 3 and 2;at an additional distance of 55.00 feet passing a 112-inch iron rod with"RJ
Surveying"cap found at the most southerly common comer of Lots 2 and 1,in ail, a distance to
the calculated point angle point in the south line of Lot 1;
THENCE North 80"08'22"East,continuing with the north line of said Lot 1E,in part,being the
south lines of Lots 1,3A and 2A Block JJ of said Siena Section 23A,at a distance of 19.14 feet
passing a 112-inch iron rod with"ATS"cap found at the most southerly common comer of said
Lots 1 and 3A, at an additional distance of 55.95 feet passing a 1/2-inch iron rod with "RJ
Surveying"cap found at the most southerly common corner of said Lots 3A and 2A, in all, a
distance of 429.63 feet to a 1/2-inch iron rod with"HaIfr cap set in the west right-of-way line of
CR 110,for the northeast comer of the herein described tract of land,from which a 112-inch iron
rod with"RJ Surveying"cap found at an angle point the west right-of-way line of CR 110 bears
North 02"23'03"West,a distance of 32.05 feet;
THENCE South 02"23'03"East,with the west right-of-way line of County Road 110(R.O.W.width
varies),being the east line of said Lot 1 E,a distance of 100.87 feet to the POINT OF BEGINNING
and containing 1.619 acres of land, more or less,within these metes and bounds,
PART 1-1.616 ACRES(APPROX.70,391 SQ.FT.)
PART 2-1.619 ACRES(APPROX.70.538 SQ FT.)
TOTAL 3.235 ACRES(APPROX.140,929 SQ.FT.)
NOTES:
Basis of bearings is the Texas Coordinate System of 1983,Central Zone 4203(NAD83/2011).
All distances shown hereon are surface and may be converted to grid by dividing by the surface
adjustment factor of 1.00012, scaled about 0,0. Units: U.S. Survey Feet. Last date of Field
Survey:June 2,2020-
1,Curtis Wayne Watts,a Registered Professional Land Surveyor,do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property
described herein was determined by a survey made on the ground under my direction and
supervision_
March 25,2021
Curtis Wayne Wafts,R.P L.S. Date
Registered Professional Land Surveyor =
Texas Registration No.6614 d cuRns wA rriE.vrAm
Halff Associates,Inc.,TBPELS Firm No_ 10029607 t 'a 6614 Fr
9500 Amberglen Blvd.,Bldg.F,Suite 125 v,L o,r S s`O?'
Austin,Texas 78729 512-777-4600 S up' d
(W1141638.5) Exhibit"G"- 8
99wMCELEBRANOV w1837Mo
.".,._ LINE DATA
LINE BEARING DISTANCE
L1 N 05.33'35" W 100.28'
L2 N 05'33'35" W 22.55'
LEGEND
O 1/2-INCH IRON ROD WITH'HALFF'CAP SET17�7
N 02'23'03" W 32.05'
d CALCULATED POINT
S 02'23'03" E 100.87'
O 1/2�INCH IRON ROD FOUND
ATSO 1/2-INCH IRON ROD WITH"ATS"CAP FOUND
RJ• 112-INCH IRON ROD WITH"RJ SURVEYING'CAP FOUND
P.O.B. POINT OF BEGINNING CURVE DATA
P.O.C.POINT OF COMMENCEMENT
I
CURVE# RADIUS DELTA LENGTH BEARING CHORD LENGTH
Ct 1509,29' 3.4605• 100.13' S Or5020'E 100.17 U
PART 1-1.616 ACRES(APPROX.70,391 SO.FT.) +-,
PART 2-1.619 ACRES(APPROX.70.538 SO.FT.)
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