O-83-824 - 10/13/1983ANNEXATION OR CITY LIMITS EXTENSION PETITION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK,
TEXAS.
The undersigned owners of the hereinafter described
tract of land, which is vacant and without residents, or on
which less than three (3) qualified voters reside, hereby
petition your Honorable Body to extend the present city
limits so as to include as a part of the City of Round Rock,
Texas, the following described territory, to -wit:
(see Exhibit "A ")
We hereby certify, under oath, that:
(1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE
DESCRIBED TRACT OF LAND and as evidence thereof we have
attached as Exhibit "B" a true and current copy of the
Warranty Deed whereby we acquired said property, and
(2) the above described tract of land is contiguous and
adjacent to the current city limits of the City of Round
Rock, Texas.
" " "" ,,;.5 CRIBED AND SWORN TO BEFORE ME, a notary public, by _
iP 4'0 : � this day of 06/906t7 ,
983.
m a
/2
6 -83
Notary Public `
State of Texas
4
ues,_r iption of 19.26 acres
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE DAVID CURRY SURVEY
IN WILLIAMSON COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 19.278 ACRE
TRACT OF LAND DESCRIBED IN VOLUME 725, PAGE 4B4 OF THE DEED RECORDS OF
SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a concrete monument found on the east right -of -way line of
Sam Bass Road at the northwest corner of that certain 0.107 acre tract
of land described in a Dedication Deed recorded in Volume 728, Page 66
of said Deed Rerprd.s for the PLACE OF BEGINNING hereof
THENCE with said right -of - Way line, North 42 Degrees 27 Minutes West a
distance of 54.45 feet to an iron pipe found at the northwest corfRr of
said 19.270 acre tract for the northwest corner hereof
THENCE with the north 11ne of said 19.278 acre tract the following
courses: -
1. North 70 Degrees 51 Minutes East, a distance of 491.30 feet to
an iron pipe found
2. North 76 Degrees 10 Minutes East, a distance of 717.84 feet
to an iron axle found
3. North 71 Degrees OT Minutes East, a distance of 1,133.99 feet
to an iron pipe found in the west right -of -way line of the
International & Great Northern Railroad for the northeast
corner hereof
THENCE with said west right -of -way line, South 13 Degrees 33 Minutes
East, a distance of 593.49 feet to an iron pipe found at the southeast
corner of said 19.278 acre tract for the southeast corner hereof
THENCE with the south line of said 19.278 acre tract the following
courses:
1. South 70 Degrees 56 Minutes West, a distance of 389.16 feet
to an iron pipe found +or an ell corner hereof
2. North 18 Degrees 34 Minutes West, a distance of 185.11 feet
to an iron pipe found for an ell corner hereof
3. South 70 Degrees 32 Minutes West, a distance of 1,238.01 feet
to a concrete monument found at the southeast corner of that
certain 5.0 acre tract ci+ land described in Volume 232, Page
202 of said Deed Records for a corner hereof
THENL'L with the east line of said 5.0 acre tract, North 40 Degrees 18
Minutes West, a distance of 464.56 feet to a concrete monument found at
the northeast corner of said 5.0 acre tract, being also the northeast
corner of said 0.107 acre tract for a corner hereof
THENLt with the north line of said 0_107 acre_tr act, South 70 Degrees
53 Minutes West, a distance of 467.77 feet to 'the ° BALE OF BEGINNING
and containing 19.26 acres of land, more or less.
I, the undersigned, a Registered Public Surveyor, do hereby certify
that the above description is true and correct to the best of my
knowledge and that the property described hereon was determined , •m a
survey made on the ground under my direction and supervision
ACCUTEX SURVEY SYSTEMS
1709 W. Koenig Lane
Austin, Texas 79756
Telephone (512) 153 -6699
(FEW/ June 21,1983
Job No 0445
Floyd E. Ward, Jr.
Registered Public.Surve
No. 3991 - State of Texas
B+ el.
r-e- a
WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That GEORGETOWN RAILROAD COMPANY, INC., a Texas corporation,
of the County of Williamson, and State of Texas, for and in consideration of
the sum of TEN DOLLARS ($10.00) and other valuable consideration to the
undersigned paid by the Grantee herein named, the receipt of which is
hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto ROBERT CLARK, TRUSTEE,
of the County of Williamson, and State of Texas, all of the following
described real property in Williamson County, Texas, to -wit:
Being 19.62 acres of land; a portion of the D. Curry
Survey, Williamson County, Texas and being more
particularly described by metes and bounds on the
attached Exhibit A which is incorporated herein by
reference.
' TO HAVE AND TO HOLD the above described premises, together with
all and singular the rights and appurtenances thereto in anywise belonging,
unto the said Grantee, his heirs and assigns forever; and it does hereby
bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND
all and singular the said premises unto the said Grantee, his heirs and
assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
This conveyance is made and accepted subject to any and all
easements, restrictions, covenants and conditions of record or visible or
apparent on the above property which affect the above property or the use
thereof.
Current ad valorem taxes having been prorated, the payment thereof
is assumed by the Grantee.
ATTEST:
EXECUTED this 19th day of July, 1983.
GEORGETOWN RAILROAD COMPANY, INC.
E rn,Sct
Grantee's Address is:
By:
(Name)
(Title)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of
July, 1983, by of
Georgetown Railroad Company, Inc., a Texas corporation, on behalf of said
corporation.
Notary Public in and for
the State of Texas
Printed /Stamped Name of Notary
My Commission Expires:
2
r'EXIIIB1'T A"
fgt..1.. fMIAT CERt l N PARCEL.. UR fRACI UI° LAND UUI OF 'Mt. DAVID CURRY SURVEY
IN WILLIAMSON COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 19.278 ACRE
TRACT OF LAND DESCRIBED IN VOLUME 723, PAGE 484 OF THE DEED RECORDS OF
SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FULLOWS:
ILU1NN1NG at a concreto monument found on the east right -of -way line of
Sam Ua ... Road at the norttrwe$t: corner of that Lertwin 0. 107 acre tract
of land described in a Dedication Deed re:eordenl in Volume 72U, Page 66
of said Dried Records for the PLACE. IJF DEL,INNINIJ hereof
THENCE with said right -of -way line, North 42 Degree$ 27. Minute$ Weet, a
distance of 54.4S feet to an iron pipe found at the northwest corner of
said 19.270 acrd tract for the northwest corner hereof
THENCE with the north line of said 19.278 acre tract the following
courses:
1. North 70 Degree$ 31 Minute$ East, a distance of 491.30 feet to
an iron pipe found
2. North 76 Degrees 10 Minute$ East, a distance of 717.84 feet
to an iron axle found
3. North 71 Degrees 07 Minutes Ea$t, a distance of 1,133.99 feet
to are iron pipe found in the west right - of - way line of the
International & Great Northern Railroad for the northeast
corner hereof
THENCE with said west right-of-way line, South 13 Degrees 33 Minute$
East, a distance of 393.49 feet to an iron pipe found at the southeast
corner of said 19.278 acre (tract for the southeast corner hereof
THENCE with the mouth line of said 19.278 acre tract the following
courses:
1. South 70 Degrees 56 Minutes West, a distance of 389.16 feet
to an iron pipe found for an ell corner hereof
North 18 Degrees 34 (Minute$ We$t, a distance of 185.11 feet
to an iron pipe fount for an e11 corner hereof
3. South 70 Degree$ 32 Minutes West, a distance of 1,238.01 feet
to a concrete monument found at the eouthea$t corner of that
certain 3.0 acre tract of land described in Volume 232, Page
202 of $aid Deed Records for a corner hereof
THENCE with the east line of said 3.0 acre tract, North 40 Degrees 18
I•linute, West, a distance of 464.56 teet to a concrete monument found at
the northeast corner of Bald 5..0 acre tract, being also the northeast
corner of said 0.107 acre tract for a currier hereof
THENCE with the north line ut said 0.107 acre tract, South 70 Degree$
33 Minutes West, a distance of 467.7/ feet to the PLACE OF BEGINNING
and containing 19.26 acres of land, more or lees_
ORDINANCE NO. fa 4
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS,
AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING
OF 19.26 ACRES OF LAND, WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY
LIMITS OF THE CITY OF ROUND ROCK, TEXAS.
WHEREAS, in accordance with Art. 970a, V.A.T.S., two
public hearings were held before the City Council of the City
of Round Rock, Texas, where all interested persons were
provided an opportunity to be heard on the proposed annexa-
tion of the property described in Exhibit "A" attached hereto
and made a part hereof, and
WHEREAS, one of the public hearings was held within the
area proposed to be annexed, on the 8th day of September
19 83 , and the other public hearing was held in the Council
Chambers on the 8th day of September , 19 83 which
hearing dates were not more than forty (40) days nor less
than twenty (20) days prior to institution of annexation
proceedings, and
WHEREAS, notice of both public hearings was published in
a newspaper having general circulation in the City of Round
Rock, Texas, on the 22nd day of August 19 83 , which
date is not more than twenty (20) days nor less than ten (10)
days prior to each hearing, and
WHEREAS, the planning department has prepared a service
plan that provides for the extension of municipal services
into the territory to be annexed, and
WHEREAS, the territory lies adjacent to and adjoins the
present boundaries of the City of Round Rock, Texas, and
WHEREAS, all requirements of the laws of the State of
Texas and the Home Rule Charter of the City of Round Rock
have been complied with, and
WHEREAS, the territory above described contains 19.26
acres; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
Section 1. The land and territory, described in Exhibit
"A ", which is attached hereto and made a part hereof, lying
adjacent to and adjoining the present boundaries of the City
of Round Rock, Texas, is hereby added and annexed to the City
of Round Rock, Texas, and said territory hereinafter
described shall hereafter be included within the boundary
limits of the City of Round Rock, Texas, and the present
boundary limits of such city, at the various points
contiguous to the area hereinafter described, are altered and
amended so' as to include said area within the corporate
limits of the City of Round Rock, Texas.
Section 2. The above described territory and the area so
annexed shall be a part of the City of Round Rock, Texas, and
the inhabitants thereof, if any, shall be entitled to all of
the rights and privileges of all the citizens and shall be
bound by the acts, ordinances, resolutions and regulations of
the City of Round Rock, Texas.
Section 3. The service plan providing for the extension
of municipal services into the territory to be annexed is
attached hereto as Exhibit "B" and such plan is hereby
adopted and approved.
(Mark through the following alternative that is not appli-
cable)
Alternative 1.
By motion duly made, seconded and passed with an affirma-
tive vote of all the Council members present, the requirement
for reading this ordinance on two separate days was dispensed
with.
day of
READ, PASSED, and ADOPTED on first reading this /3'
Det, , 19 43 .
- 2 -
Alternative 2.
READ and APPROVED on first reading this the day
of , 19
READ, APPROVED and ADOPTED on second reading this
the day of , 19
I/
•� I
L L. ON , Mayor
City of Round Rock, Texas
ATTEST:
Jy NNE LAND, City Secretary
- 3 -
bes, iption of 19.26 acres (FEW) June 21,1983
Job No. 0445
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE DAVID CURRY SURVEY
IN WILLIAMSON COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 19.278 ACRE
TRACT OF LAND DESCRIBED IN VOLUME 725, PAGE 4B4 OF THE DEED RECORDS OF
SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a concrete monument found on the east right -of -way line of
Sam Bass Road et the northwest corner of that certain 0.107 acre tract
of land described in a Dedication Deed recorded in Volume 728, Page 66
of said Deed Records for the PLACE OF BEGINNING hereof
THENCE with said right- of-way line, North 42 Degrees 27 Minutes West, a
distance of 54.45 feet to an iron pipe found at the northwest corner of
said 19.278 acre . 0 - act for the northwest corner hereof
THENCE with the north line of said 19.278 acre tract the following
courses:
1. North 70 Degrees 51 Minutes East, a distance of 491.30 feet: to
an iron pipe found
2. North 76 Degrees 10 Minutes East, a distance of 717.04 feet
to an iron axle found
3. North 71 Degrees 07• Minutes East, a distance of 1,133.99 feet
to an iron pipe found in the west right - of - way line of the
International & Great Northern Railroad for the northeast
corner hereof
THENCE with said west right - of - way line, South 13 Degrees 33 Minutes
East, a distance of 593.49 feet to an iron pipe found at the southeast
corner of said 19.278 acre tract for the southeast corner hereof
THENCE with the south line of said 19.278 acre tract the following
courses:
1. South 70 Degrees 56 Minutes west, a distance of 389.16 feet
to an iron pipe found for an ell corner hereof
2. North 18 Degrees 34 Minutes West, a distance of 185.11 feet
to an iron pipe found for an ell corner hereof
3. South 70 Degrees 32 Minutes West, a distance of 1,238.01 feet
to a concrete monument found at the southeast corner of that
certain 5.0 acre tract cif land described in Volume 232, Page
202 of said Deed Records for a corner hereof
THENCE with the east lane of said 5.0 acre tract, North 40 Degrees 18
Minutes West, a distance of 464.56 feet to a concrete monument found at
the northeast corner of said 5.0 acre tract, being also the northeast
corner of said 0.107 acre tract for a corner hereof
THENLL with the north line of said 00 -107 acre tract, South 70 Degrees
53 Minutes West, a distance of 467.77 feet to - tfie ' iLALE OF BEGINNING
and containing 19.26 acres of land, more or less.
I, the undersigned, a Registered Public Surveyor, do hereby certify
that the above description is true and correct to the best of my
knowledge and that the property described hereon was determined , .m a
survey made on the ground under my direction and supervision
ACCUTEX SURVEY SYSTEMS
1709 W. Koenig Lane
Austin, Texas 70756
Telephone (512) 453
.. , L. WARD . Jx
°' •101
Floyd E. Ward, Jr. G (9.4'c ' �o =ff
Registered Public•Survec 6'..
No. 3991 - State of Texas
Scale: P' = 800'
�� The Hermitage
extension of
3. Solid waste
annexation.
4. Maintenance
facilities -
5. Maintenance
and street
ation.
SERVICE PLAN
SOMERSET SUBDIVISION ANNEXATION
19.26 ACRES OF LAND, MORE OR LESS
The City of Round Rock, Texas will provide for the
municipal services into the territory to be
annexed in accordance with the following schedule:
1. Police protection - immediately upon annexation.
2. Fire protection - immediately upon annexation.
collection - immediately upon
of existing water and wastewater
immediately upon annexation.
of existing public roads, streets
lighting - immediately upon annex-
6. Maintenance of existing public parks, play-
grounds, and swimming pools - immediately upon
annexation.
7. Maintenance of any existing publically owned
facility building or service within the
territory to be annexed - immediately upon
annexation.
8. Capital improvements sufficient for providing
municipal services for the subject tract are in
place such that the cost associated with the
extension of service lines to proposed building
sites within the tract will be borne by the
owner and /or developer.
•
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
8208
VOL 988 PALE 511
I, JOANNE LAND, City Secretary of the City of Round Rock, Texas do
hereby certify that the above and foregoing is a true and correct copy
of an ordinance passed and adopted by the City Council of the City of
Round Rock, Texas, at a meeting held on the /3
19 4, which is recorded in the minutes of the City of Round Rock in
book / page(s) ///, .
WITNESSED by my hand and seal of the City of Round Rock, Texas on
o rw / •
this p — day of 2Qi4 , 198 Y
OFFICIAL RECORDS
WILLIAMSON GOUNIX MIAS
JO:f NE LAND, City Secretary
C'ry of Round Rock, Texas
VOL 888 F, G 5tti
ORDINANCE NO. /? 4
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS,
AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING
OF 19.26 ACRES OF LAND, WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY
LIMITS OF THE CITY OF ROUND ROCK, TEXAS.
WHEREAS, in accordance with Art. 970a, V.A.T.S., two
public hearings were held before the City Council of the City
of Round Rock, Texas, where all interested persons were
provided an opportunity to be heard on the proposed annexa-
tion of the property described in Exhibit "A" attached hereto
and made a part hereof, and
WHEREAS, one of the public hearings was held within the
area proposed to be annexed, on the
date is not more than twenty (20) days nor less than ten (103
days prior to each hearing, and
WHEREAS, the planning department has prepared a service
plan that provides for the extension of municipal services
into the territory to be annexed, and
WHEREAS, the territory lies adjacent to and adjoins the
present boundaries of the City of Round Rock, Texas, and
WHEREAS, all requirements of the laws of the State of
Texas and the Home Rule Charter of the City of Round Rock
have been complied with, and
WHEREAS, the territory above described contains 19.26
acres; now therefore,
8th day of September
19 83 , and the other public hearing was held in the Council
Chambers on the 8th day of September , 19 83 which
hearing dates were not more than forty (40) days nor less
than twenty (20) days prior to institution of annexation
proceedings, and
WHEREAS, notice of both public hearings was published in
a newspaper having general circulation in the City of Round
Rock, Texas, on the 22nd. day of August 19 83 , which
VOL 988 PYIE 513
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
Section 1. The land and territory, described in Exhibit
"A ", which is attached hereto and made a part hereof, lying
adjacent to and adjoining the present boundaries of the City
of Round Rock, Texas, is hereby added and annexed to the City
of Round Rock, Texas, and said territory hereinafter
described shall hereafter be included within the boundary
limits of the City of Round Rock, Texas, and the present
boundary limits of such city, at the various points
contiguous to the area hereinafter described, are altered and
amended so' as to include said area within the corporate
limits of the City of Round Rock, Texas.
Section 2. The above described territory and the area so
annexed shall be a part of the City of Round Rock, Texas, and
the inhabitants thereof, if any, shall be entitled to all of
the rights and privileges of all the citizens and shall be
,bound by the acts, ordinances, resolutions and regulations of
the City of Round Rock, Texas.
Section 3. The service plan providing for the extension
of municipal services into the territory to be annexed is
attached hereto as Exhibit "B" and such plan is hereby
adopted and approved.
(Mark through the following alternative that is not appli-
cable)
Alternative 1.
By motion duly made, seconded and passed with an affirma-
tive vote of all the Council members present, the requirement
for reading this ordinance on two separate days was dispensed
with.
READ, PASSED, and ADOPTED on first reading this / ry
day of f2et
- 2 -
Alternative 2.
READ and APPROVED on first reading this the
of , 19
READ, APPROVED and ADOPTED on second reading this
the day of , 19 ,2
Ic� I J
L'TY L. TON , Mayor
City of Round Rock, Texas
vv: 988 PMCE 514
ATTEST:
J
NNE LAND, City Secretary
- 3 -
day
Ues,'ription of 19.26 acres
Telephone (512) 455
2. North 76 Degrees 10 Minutes East, a distance of 717.84 feat
to an iron axle found
ACCUTEX SURVEY SYSTEMS
1701 W. Koenig Lane
Austin, Texas 78756
(FEW) June 21,1983
Job No. 0445
YLL 988 ! 5Th:
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE DAVID CURRY SURVEY
IN WILLIAMSON COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 19.270 ACRE
TRACT OF LAND DESCRIBED IN VOLUME 725, PAGE 484 OF THE DEED RECORDS OF
SAID COUNTY' AND BEING MORE PARTICULARLY DESCRIBED BY (METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a concrete monument found on the east right -of -way line of
Sam Bass Road at the northwest corner of that certain 0.107 acre tract
of land described in a Dedication Deed recorded in Volume 72p, Page 66
of said Deed Records for the PLACE OF BEGINNING hereof
THENCE with said right -of -way line, North 42 Degrees 27 Minutes West, a
distance of 54.45 feet to an iron pipe found at the northwest corner of
said 19.276 acre tract for the northwest corner hereof
THENCE with the north line of said 19.278 acre tract the following
courses: '
North 70 Degrees 51 Minutes East, a distance of 491.30 feet to
an iron pipe found
3. North 71 Degrees 07 Minutes East, a distance of 1,133.99 feet
to an iron pipe found in the west right - of - way line of the
International & Great Northern Railroad for the northeast
corner hereof
THENCE with said west right -of -way line, South 13 Degrees 33 Minutes
East, a distance of 593.49 feet to an iron pipe found at the southeast
corner of said 19.278 acre tract for the southeast corner hereof
THENCE with the south line of said 19.278 acre tract the following_
courses:
1. South 70 Degrees 56 Minutes West, a distance of 389.16 feet
to an iron pipe found for an ell corner hereof
North 18 Degrees 34 Minutes West, a distance of 185.11 feet
to an iron pipe found for an ell corner hereof
3. South 70 Degrees 32 Minutes West, a distance of 1,238.01 feet
to a concrete monument found at the southeast corner of that
certain 5.0 acre tract cif land described ru Volume 232, Page
202 of said Deed Records for a corner hereof
TnENL:L with the east line of said 5.0 acre tract, North 40 Degrees 18
Minutes West, a distance of 464.56 feet to a concrete monument found at
the northeast corner of said 5.0 acre tract, being also the northeast
corner of said 0.107 acre tract for a corner hereof
THENL.c with the north line of said ■.107 acre iract, South 70 Degrees
53 Minutes West, a distance of 467.77 feet to the ei r•LAUE OF BEGINNING
and containing 19.26 acres of land, more or less.
I, the undersigned, a Registered Public Surveyor, do hereby certify
that the above description is true and correct to the best of my
knowledge and that the property described hereon was determined m a
survey made on the ground under my direction and supervision IE OF
D, E. WA Jx
Floyd E. - Ward, Jr. re c r S r r„�,� �p�
Registered Public•Surve C SLiRU
No. 3991 - State of Texas
-
The Hermitage
9S8 Fg E 516
SERVICE PLAN
SOMERSET. SUBDIVISION ANNEXATION
19.26 ACRES OF LAND, MORE OR LESS
The City of Round Rock, Texas will provide for the
extension of municipal services into the territory to be
annexed in accordance with the following schedule:
1. Police protection - immediately upon annexation.
2. Fire protection - immediately upon annexation.
3. Solid waste collection - immediately upon
annexation.
4. Maintenance of existing water and wastewater
facilities - immediately upon annexation.
5. Maintenance of existing public roads, streets
and street lighting - immediately upon annex-
ation.
6. Maintenance of existing public parks, play-
grounds, and swimming pools - immediately upon
annexation.
7. Maintenance of any existing publically
facility building or service within
territory to be annexed - immediately
annexation.
FILED FOR RECORD
T64 MAR 16 N 4:47
Cn!!T (r 7 i . x
VOL 988 P,V.:E 51'7
owned
the
upon
8. Capital improvements sufficient for providing
municipal services for the subject tract are in
place such that the cost associated with the
extension of service lines to proposed building
sites within the tract will be borne by the
owner and /or developer.
STATE OF TEXAS COUNTY OF WILLIAMSON
1 hereby certify that this Instrument was FILED
on the date, and at the time stamped hereon
' by me; and was duly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County, Texas, as stamped hereon by me, on
MAR 191984
lc A/AZ+
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
FILE fth hECORD
GO 1969 llAA 16 PN 4. 47
+'
cculm�e,eex
gILL1+1N50V �" +.T7
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK,
TEXAS.
The undersigned owners of the hereinafter described
tract of land, which is vacant and without residents, or on
which less than three (3) qualified voters reside, hereby
petition your Honorable Body to extend the present city
limits so as to include as a part of the City of Round Rock,
Texas, the following described territory, to -wit:
We hereby certify, under oath, that:
(1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE
DESCRIBED TRACT OF LAND and as evidence thereof we have
attached as Exhibit
Warranty Deed whereby we acquired said property, and
(2) the above described tract of land is contiguous and
adjacent to the current city limits of the City of Round
Rock, Texas.
ANNEXATION OR CITY LIMITS EXTENSION PETITION
(see Exhibit "A ")
E
a true and current copy of the
SU CRIBED AND SWORN TO BEFORE ME, a notary public, by
f'�T �)�.rE c�•� rji this `.5-- day of 0/,, ,
1983`l ,
Notary Public
State of Texas
),(16_ 2 7716s1L -
WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That GEORGETOWN RAILROAD COMPANY, INC., a Texas corporation,
of the County of Williamson, and State of Texas, for and in consideration of
the sum of TEN DOLLARS ($10.00) and other valuable consideration to the
undersigned paid by the Grantee herein named, the receipt of which is
hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto ROBERT CLARK, TRUSTEE,
of the County of Williamson, and State of Texas, all of the following
described real property in Williamson County, Texas, to -wit:
Being 19.62 acres of land; a portion of the D. Curry
Survey, Williamson County, Texas and being more
particularly described by metes and bounds on the
attached Exhibit A which is incorporated herein by
reference.
' TO HAVE AND TO HOLD the above described premises, together with
aFl and singular the rights and appurtenances thereto in anywise belonging,
urito the said Grantee, his heirs and assigns forever; and it does hereby
bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND
all and singular the said premises unto the said Grantee, his heirs and
assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
This conveyance is made and accepted subject to any and all
easements, restrictions, covenants and conditions of record or visible or
apparent on the above property which affect the above property or the use
thereof.
Current ad valorem taxes having been prorated, the payment thereof
is assumed by the Grantee.
GEORGETOWN RAILROAD COMPANY, INC.
E ecctt EtL: r ccis Tn l , c ns �,t
ATTEST:
EXECUTED this 19th day of July, 1983.
Grantee's Address is:
By:
(Name)
(Title)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of
July, 1983, by , of
Georgetown Railroad Company, Inc., a Texas corporation, on behalf of said
corporation.
Notary Public in and for
the State of Texas
Printed /Stamped Name of Notary
My Commission Expires:
2
���,�pc,
Des,iiption of 19.26 acres (FEW) June 21,1983
Job No. 0445
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE DAVID CURRY SURVEY
IN WILLIAMSON COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 19.278 ACRE
TRACT OF LAND DESCRIBED IN VOLUME 725, PAGE 484 OF.THE DEED RECORDS OF
SAID COUNTY' AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a concrete monument found on the east right-of -way line of
Sam Bass Road et the northwest corner of that certain 0.107 acre tract
of land described in a Dedication Deed recorded in Volume 728, Page 66
of said Deed iiecprds for the PLACE OF (BEGINNING hereof
THENCE with said right -of - Way line, North 42 Degrees 27 Minutes West, a
distance of 54.45 feet to an iron pipe found at the northwest cprger of
said 19.278 acre tract for the northwest corner hereof
THENCE with the .north line of said 19.278 acre tract the following
courses:
1. North 70 Degrees 51 Minutes East, a distance of 491.30 feet to
an iron pipe found
2. North 76 Degrees 10 Minutes East, a distance of 717.84 feet
to an iron axle found
3. North 71 Degrees 07• Minutes East, a distance of 1,133.99 feet
to an iron pipe found in the west right - of - way line of the
International & Great Northern Railroad for the northeast
corner hereof
THENCE with said west right -of -way line, South 13 Degrees. 33 Minutes
East, a distance of 593.49 feet to an iron pipe found at the southeast
corner of said 19.278 acre tract for the southeast corner hereof
THENCE with the south line of said 19.278 acre tract the following
courses:
1. South 70 Degrees 56 Minutes West, a distance of 389.16 feet
to an iron pipe found for an ell corner hereof
2. North 18 Degrees 34 Minutes West, a distance of 185.11 feet
to an iron pipe found for an ell corner hereof
3. South 70 Degrees 32 Minutes West, a distance of 1,238.01 feet
to a concrete monument found at the southeast corner of that
certain 5.0 acre tract cif land described in Volume 232, Page
202 of said Deed Records for a corner hereof
MENL'L with the east line of said 5.0 acre tract, North 40 Degrees 18
Minutes West, a distance of 464.5E, feet to a concrete monument found at
the northeast corner of said 5.0 acre tract, being also the northeast
corner of said 0.107 acre tract for a corner hereof
THENLt with the north line of said 0.107 acre tract, South 70 Degrees
53 Minutes West, a distance of 467.77 feet to the rLALE OF BEGINNING
and containing 19.26 acres of land, more or lefts.
ACCUTEX SURVEY SYSTEMS
1709 W. Koenig lane
Austin, Texas 78756
Telephone (512) 45 - 6497
Floyd E. Ward, Jr.
Registered Public•Surve
No. 3991 - State of Texas
I, the undersigned, a Registered Public Surveyor, do hereby certify
that the above description is true and correct to the best of my
knowledge and that the property described hereon was determined .m a
survey made on the ground under my direction and super.vision �CP •
;. WARD, J
' _ 3991 .... ,.
c.SiiOC
ANNEXATION OR CITY LIMITS EXTENSION PETITION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of
land, which is vacant and without residents, or on which less than
three (3) qualified voters reside, hereby petition your Honorable
Body to extend the present city limits so as to include as a part of
the City of Round Rock, Texas, the following described territory,
to-wit:
(see Exhibit "A ")
We certify that the above described tract of land is contiguous
and adjacent to the City of Round Rock, Texas, and that this petition
is signed and duly acknowledged by each and every person or corporation
having an interest in said land.
THE STATE OF TEXAS:
COUNTY OF
Beforeine, the undersigned authority, on this day personally
appeared . /VD /7A / /ed' known to me to be the person
whose name is subscribed to the foregoing instrument and ac
to me that he executed the same for the purposed and consideration
therein expressed. /9y ®
Given under my hand and seal of office, this 0^ day of
ll1T , 19,3 —.
THE STATE OF TEXAS:
7;e 4ti /S
COUNTY OF WidaahMeeN.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON:
THE STATE OF TEXAS:
COUNTY OF WILLIAMSON:
•i LeQJ
Notary Public in •n• for
Wifli County, Texas
,- izieL.. Fl . Zohes
Notary Public in for
Williamson County, Texas
7Z4
`f riGi� - 'ov►as
Before me, the undersigned authority, on this day personally.
appeared 1/, -1‘;,gyy/ ,QRlec/ known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged
to me that she executed the same for the purposes and consideration
therein expressed.
4 Given under my hand and seal of office, this O ✓ day of
4oir , 19 /E.
Before me, the undersigned authority, on this day personally
appeared known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office, this day of
, 19
Notary Public in and for
Williamson County, Texas
Before me, the undersigned authority, on this day personally
appeared known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office, this day of
, 19 _
Notary Public in and for
Williamson County, Texas
r
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WARRANTY DEED WITH VENDOR'S LIEN
X
X KNOW ALL MEN BY THESE PRESENTS:
X
That I, JUDITH BAIRD (joined herein proforma by my husband, WILLIAM BAIRD), of
the County of Williamson and State of Texas, (whether one or more) for and in consideration
of the sum of TEN AND NO/100THS ($10.00) DOLLARS and other valuable consideration to
the undersigned paid by the grantees herein named (whether one or more,) the rece&r of
which is hereby acknowledged, and the execution and delivery by Grantees of their one
certain promissory note of even date herewith, in the principal sum as stated therein,
payable to the order of Grantor and containing the usual clauses for acceleration of maturity
and for attorney's fees; the payment of which note is secured by the vendor's lien herein
retained, and is additionally secured by a deed of trust of even date herewith to LANG
SMITH, Trustee,' have GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY unto the HERMITAGE JOINT VENTURE, a Texas joint
venture partnership, of 500 West 16th Street, Austin (78701), of the County of Travis and
State of Texas, all of the following described real property in Williamson County, Texas, to-
wit:
BEING 42.38 acres of land out of that certain tract of
land situated in the David Curry Survey A -30 in
Williamson County, Texas, as more fully described by
metes and bounds in Exhibit "A" attached hereto and
made a part hereof.
TO HAVE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging, unto the said grantees, their suc -
cessors and assigns, their heirs and assigns forever; and we do hereby bind ourselves, our
heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the
said premises unto the said grantees, their successors and assigns, their heirs and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and
to the above described premises, is retained against the above described property, premises
and improvements until the above described note and all interest thereon are fully paid
according to the face, tenor, effect and reading thereof, when this Deed shall become
absolute.
This conveyance is made and accepted subject to any and all conditions, easements,
restrictions, and other matters of record, 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,
shown of record in the office of the County Clerk of Williamson County, Texas.
EXECUTED this ,29 day of August, A. D. 1983.
•
(JUDITH BAIRD
THE STATE OF TEXAS
COUNTY OF 7i -1iti15
WILLIAM BAIRD
BEFORE ME, the undersigned authority, on this day personally appeared JUDITH BAIRD
and husband, WILLIAM BAIRD, known to me to be the persons whose names are subscribed to
the foregoing instrument, and acknowledged to me that they executed the same for the
purposes and consideration therein expressed.
GIVEN under my hand and seal of office on this the''(. IA " day of August, 1983.
.'f
Notary Public, 1 County, Texas.
-2-
ANNEXATION OR CITY LIMITS EXTENSION PETITION
(see Exhibit "A ")
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of
lar;c:, which is vacant and without residents, or on which less than
three (3) oualified voters reside, hereby petition: your Honorable
Y . tc extend the present city limits so as to include as a part of
the City of Round Rock, Texas, the following described territory,
tc :it:
certi-fy thet the above described tract cf lard is contiguous
_-cent to the City of Round Rock, Texas and that this petition
_-= c d'.:'= acknowledged by each and every person or corporation
interest in said land.
F
THE STATE OF TEXAS:
COUNTY OF WILLIAMSON:
Before re, the undersigned authority, on this day personally
appeared E. I. CERVENKA
whose name is subscribed to the foregoing instrument and acknowledged
to in that he executed the same for the purposes and consideration
therein expressed.
known, to me to be the person
Given under my hand and seal of office, this27th day of
April , 1983
THE STATE OF TEXAS:
COUNTY OF WILLIA :SON :
COUNTY OF l ILLLSMSON:
Before re, the undersigned authority on this day personally
apneeredEDITE CERVENKA, wife of E. I�7f 'to me to be the person
w'ness name is subscribed to the foregoing instrument and acknowledged
to r_:_ thatshe executed the same for the purposes and consideration
therein expressed.
Given .under my hand and seal of office, this 27th day of
April , 19 83 •
THE STATE OF TEXAS:
/ k;J_ 4 1L
Notary Public in and for
Williamson County, Texas
Hertha Tschoerner
My commission expires: 4 -30 -1985
Notary Public in and for
Williamson County, Texas
Hertha Tschoerner
My commission expires: 4 -30 -1985
EE STATE OF TEAS:
C0 U TY OF WILLIA SON :
._fore me, the undersigned authority, on this day personally
- eared known to me to be the person
ti=hOSE name is subscribed to the foregoing instrument and acknowledged
to mu that he executed the same for the purposes and consideration -
there_:: expressed.
Given under my hand and seal of office, this day of
to .
Notary Public in and for
Williamson County, Texas
Eefore re, the undersigned authority, on this day personally
appeared known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office, this day of
, 19
Notary Public in and for
Williamson County, Texas
I Judith Wood Carvanka,
a widow, individually
and as Executrix
l
PARTITION DEED
21'73
VOL 8l5Piat 129
E. I. Carvanka
THE STATE OP TEXAS 5
f KNOW ALL NEW BY THESE PRESENTS,
COUNTY Or WILLIAMSON 5
WHEREAS, Lillian Cervenka, died intestate in Williamson
' County, Texas on or about December 10, 1963, and left surviving,
as her sole and only heirs, E. I. Cervenka, surviving husband,
and Gilbert Eugene Cervenka, her sole surviving child, that there-
after the said Gilbert Eugene Cervenka departed this life testate
in Travis County, Texas, where his Will was duly probated in
Cause No. 38,930 in the Probate Court of Travis County, Texas,
certified copy of said probate proceedings being filed of record
in Volume 706, pages 129 to 137, Deed Records of Williamson
County, Texas, and
WHEREAS, at the time of the death of Lillian Cervenka, she
and her husband, E. I. Cervenka, owned certain community property
in Williamson County, Texas, consisting of 478 acres out of the
D. Curry Survey and E. McDaniel Survey, near Round Rock, end
185 acres out of the J. W. Crouch Survey and L. Fulton Survey,
near Granger, all in Williamson County, Texas; and
WHEREAS, subsequent to the death of Lillian Cervenka and
after E. I. Cervenka's marriage to Edith Cervenka, E. I. Cervenka
and Edith Cervenka made substantial improvements, additions and
repairs on the existing dwelling situated on the 478 -acre tract,
from which acreage has been sold, leaving a balance of 226.01
acres; and
WHEREAS, all of said property is owned one -half (1/2) by the
said E. I. Cervenka and one -half (1/2) by Judith Wood Cervenka by
inheritance from her deceased husband, Gilbert Eugene Cervenka; and
WHEREAS, it is the mutual desire of the said E. I. Cervenka
and his wife, Edith Cervenka, and Judith Wood Cervenka, individ-
ually and as Independent Executrix of the Estate of Gilbert Eugene
Cervenka, deceased, who own said 185 acres and 226.01 acres in
common, to partition the above property so that their respective
ra 815m130 •
interest. in said property will be partitiaisd.and e.t iaida to
each of them for their own use and benefit; and I
.WEEREAS, in this partition it is agreed that the real aotat.
•
set aside to the joint owners is fair and just and of equal vilaaf
and it i■ the full intent of the parties hereto to folly and
forever vest and divest all right, title and interest in and to
said property in accordance with this partition agreement;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS* That I,
Judith Wood Cervenka, a widow, surviving wife of Gilbert Eugene
Cervenka, deceased, of Travis County, Texas, acting individually
and as Independent Executrix of the Estate of Gilbert Eugene
Cervenka, deceased, for and in consideration of the premises and
for the purpose of making a full and final partition and divi-
sion of the above described real estate, it being my intent that
the said E. I. CERVENKA shall henceforth have, hold, possess and
enjoy, in severalty, by himself, and to his heirs and assigns,
for his part, share, interest and proportion, the hereinafter
described real estate;
Have GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY, unto the said E. I. CERVENKA, of William-
son County, Texas, ALL OF MY UNDIVIDED INTEREST in and to the
following described property, described in three tracts, as
follows, to -wit:
FIRST TRACT: Being 16.89 acres of land, same being
out of and a part of that certain tract of land out of the
David Curry Survey A -30, in WILLIAMSON COUNTY, TEXAS, as de-
scribed in a deed to E. I. Cervenka, of record in Volume 303,
at page 101, of the Deed Records of Williamson County, Texas;
said 16.89 acres of land being more particularly described b
metes and bounds as follows:
BEGINNING at an iron pin found on the Wept right -of -way
line, as fenced, of Interstate Highway 35, which POINT OF
BEGINNING is the Northeast corner of this tract and from which
POINT OF BEGINNING an iron pin found at the Northeast corner
of the said Cervenka tract bears North 20 deg. 15' 42" West,
254.22 feet;
THENCE, with the said West right -of -way line, as
fenced, of Interstate Highway 35, South 20 deg. 13' 31" East,
606.01 feet to a concrete right - of-way marker found and South
11 deg. 42' East, 300.17 feet to an iron pin set at the South-
east corner of this tract;
THENCE, South 71 deg. 59' 40" West, 949.67 feet to an
iron pin set on the East line, ae fenced, of Chisholm Trail,
which point is the Southwest corner of this tract;
VOL 815,18( 131
Trail, North 58'49" East andiron Chisholm
found at the Northwest corner of this tract;
THENCE, the POINT 0: BEGINNING, deg.
andcartaining " 16.89�acres of land, in
accordance with Field Notes of B. P. Priest, Registered Public
Surveyor, State of Texas, dated April 24, 1980 (shown as NORTB
TRACT).
EECOND TRACT: Being 87.132 acres of land, same being
out of and a part of that certain tract of land out of the David
Curry Survey A -30, in WILLIANSON COUNTY, TEXAS, as described in
a deed to E. I. Cervenka, of record in Volume 303, at page 101,
of the Deed Records of Williamson County, Texas; said 87.132
acres of land being more particularly described by metes and
bounds as follow:
•
BEGINNING at an iron pin found at the Southwest corner
of the said Cervenka tract, same being the Southwest corner of
this tract and which POINT OF BEGINNING is in the East line, as
fenced, of Sem Baas Road;
THENCE, with the said East line, as fenced, Of Sam
Bass Road, in a Northwesterly direction with the following six
(6) courses:
Nail set;
Nail set;
Nail set;
Nail set;
Nail set;
Nail set;
1) North 46 deg. 41' 25" West, 42.66 feet to a 60d
2) North 58 deg. 04' 58" West, 23.37 feet to a 60d
3) North 66 deg. 18' 42" Weat, 405.95 feet to a 60d
4) North 69 deg. 23' 30" West, 24.36 feet to a 60d
5) North 73 deg. 03' 25' Weat, 1269.84 feet to a 60d
and
6) North 68 deg. 09' 34" West, 328.29 feet to a 60d
THENCE, North 67 deg. 44' 47" West, 17.28 feet to an
iron pin found at the moat Westerly corner of the said Cervenka
tract, same being the moat Westerly corner of this tract;
THENCE, North 68 deg. 58' 45" East, 20.90 feet to a
60d Nail set;
THENCE, with the most Westerly North line of the
Cervenka tract, as fenced, in a Northeasterly direction with
the following six (6) courses:
1) North 70 deg. 30' 55' East, 603.98 feet to a 60d
Nail set in a 6' Cedar;
2) North 70 deg. 20' 58" East, 727.56 feet to a 60d
Nail set;
3) North 69 deg. 56' 13" East, 603.57 feet to a 60d
Nail set in a 6" Cedar;
4) North 70 deg. 07' 29" East, 625.96 feet to a 60d
Nail set;
5) North 69 deg. 53' 16" East, 503.67 feet to a 60d
Nail set in an 18" Hackberry; and
6) North 68 deg. 48' 36" East, 606.18 feet to the
Northeast corner of this tract;
THENCE, South 19 deg. 46' 21" East, 1330.38 feet to
a point in the North line of Lot 25 of an unknown subdivision,
which point is the Southeast corner of this tract;
THENCE, with the North line of
in a Southwesterly direction with the following n
fifteen u (15)ie i o n,
courses:
1) South 69 deg. 15' 34' West, 35.57 feet to an iron
pin found at the Northeast corner of Lot 24;
pin
pin
pin
pin
pin
pin
pin
pin
pin
pin
pin
of 815m1.32
pin 2) south 68 deg. 39' - 41" West, 70.02 feet to an ircp
found at the Northeast corner of Lot 23;
3) South 68 deg 50' 36" West, 70.02 feet to an
iron pin found at the Northeast corner of Lot 22;
pin 4) South 69 deg. 02' 55" West, 70.10 feat to an iron
found at the Northeast corner of Lot 21,
5) South 68 deg. 56' 31' West, 70.13 feet to an iron
found at the Northeast corner of Lot 20;
6) South 69 deg. 04' 57" West, 69.89 feet to an iron
found at the Northeast corner of Lot 19;
7) South 68 deg. 50' 16" West, 69.91 feet to an iron
found at the Northeast corner of Lot 18,
8) South 69 deg. 04' 03" West, 69.82 feet to an iron
found at the Northeast corner of Lot 17;
9) South 69 deg. 04' 54" West, 69.77 feet to an iron
found at the Northeast corner of Lot 16;
10) South 69 deg. 36' 30" West, 70.06 feet to an iron
found at the Northeast corner of Lot 15;
11) South 69 deg. 41' 48' West, 69.64 feet to an iron
found at the Northeast corner of Lot 14,
12) South 69 deg. 49' 41" West, 70.09 feet to an iron
found at the Northeast corner of Lot 13;
13) South 69 deg. 49' 12" West, 89.61 feet to an iron
found at the Northeast corner of Lot 12;
14) South 69 deg. 58' 24" West, 127.26 feet to an iron
found at the Northeast corner of Lot 11; and
15) South 69 deg. 25' 55' West, 83.26 feet to an iron
found;
THENCE, with a new fence, South 69 deg. 28' 47" West,
724.71 feet to a 'Lone Star Gas' sign and South 69 deg. 43' 32'
West, 239.17 feet to the POINT OF BEGINNING and containing 87.132
acres of land, in accordance with Field Notes of H. F. Priest,
Registered Public Surveyor, State of Texaa, dated April 24, 1980.
THIRD TRACT; Being all that certain lot, piece or
parcel of land, lying and being situated in WILLIAMSON COUNTY,
TEXAS, being 15.25 acres out of the J. W. McHoree Survey, Abatract
No. 471, 66.46 acres out of the C. W. Crouch Survey, Abstract
No. 795, and 116.4 acres out of the L. Fulton Survey, Abstract
No. 236, and being the same and all of the land described in
five (5) separate tracts in a deed from L. L. Hill and wife,
M. C. (Maria) Hill, to T. E. Hill, dated December 21, 1940,
recorded in Volume 305, page 164, Deed Records of Williamson
County, Texas, and being described by metes and bounds as follows,
BEGINNING at the Southeast corner of said T. E. Hill
tract of land, same also being the Southwest corner of a tract
of land now owned by Lonnie Hill, said beginning point being
North 71 deg. East, 860 feet from the Southwest corner of said
C. W. Crouch Survey, and in the North line of a 50 -foot County
Road, an iron pin for the upper Southeast corner hereof;
THENCE South 72 deg. 58 min. West with the North line
of said County Road, passing North of the Southwest corner of
said C. W. Crouch Survey, at 890 feet to a point, for an inside
corner hereof;
of said County yRoad,1t 19
at256e East with
feet, set an West
feet to a point in said County Road, inside a curve, for the
lower Southeast corner hereof;
THENCE
iron pin in the South
Northline said mCountyeRoad,, continuing, an
along the North line of said County Road, at 455 feet, cross
Yankee Branch, continuing with the North line of said County
Road, in all 1950 feet to net an iron pipe in the East line of
another 45 -foot County Road on the West line of maid T. E. H111
tract, 100 feet North 20 deg. 13 min. West from the center of
VOL 131518E133
3
THENCE North 20 deg. 13 min. West with the East line
of said last- mentioned County Road, at 1328 feet, road bends
Westerly, in all 1774.5 feet to set an iron pipe where this line
intersects T deg. mint Westi o e Est lie of with the Eastline
of said last- mentioned County Road, at 23.5 feet, cross the
North line of said L. Fulton Survey and the South line of said
J. W. McHorse Survey, 244 feet North 71 deg East from the South-
' west corner of the said J. W. McHorse Survey, in all 264.7 feet
to a 4' Hackberry tree at a bend in the road;
THENCE North 14 deg. 22 min. West with the East line
of said laRt- mentioned County Road, 410 feet to set an iron
pipe in the lower North line of said T. E. Hill tract, for the
lower Northwest corner hereof, North 51 deg. 30 min. East, 58.2
feet from the Northeast corner of the old Catholic Cemetery iron
fence;
THENCE North 70 deg. 44 min. E ast1 w i th eat to oft
tree stumps and occasional fence posts,
truck axle for an inside corner hereof;
THENCE North 18 deg. 49 min. West, 1536.4 feet along
a line of trees along the upper West line of said T. E. Hill
tract, set an iron pipe for the upper Northwest corner hereof;
THENCE North 71 deg. 55 min. East, 327.5 feat along
the upper North line of said T. E. Hill tract and a line of
trees and a fence, to set an iron pipe beside a pasture fence
corner post;
THENCE continuing along the fence and said upper North
line f feet,oandallorth 66 deg. tract; deg. 40
feet, nset East, 133.5
an iron
pipe, in all 150 feet to the center of Willis or Williamson
Creek;
THENCE down the center of the Creek as follows: North
74 deg. 20 min. East, 123 feet; South 44 deg. East, 184 feet;
South 81 deg. East, 255 feet; South 67 deg. 20 min. East, 415
feet; South 37 deg. 10 min. East, 241 feet; South 3 deg. 10 min.
East, 312 feet; South 36 deg. 10 min. East, 249 feet; South 12
deg. 10 min. East 310 feet; and South 72 deg. East, 120 feet to a
point where the lower East line of said T. E. Hill tract intersects
the center of said Creek;
THENCE South 19 deg. 30 min. East along said lower
East line of said T. E. Hill tract at 55 feet set an iron pin
atop the bank, at 115 feet set an iron pipe at the corner of a
pasture fence, continue with an old fence, which leaves the line
at 876 feet in all 2035.5 feet to the place of beginning, con-
taining in all 198.11 acres of land, as surveyed on the ground
by W. F. Forest, Registered Public Surveyor No. 101 of the State
of Texas, on March 28, 1956, and being the same property de-
scribed in deed from La Vella Hill Beaty, et al, to E. I. Cervenka
and wife, Lillian Cervenka, dated May 3, 1956, of record in Volume
412, page 54, Deed Records of Williamson County, Texas, LESS,
HOWEVER, that portion of 12.84 acres of land conveyed to Lonnie
Hill, et ux, by deed dated May 17, 1956, and recorded in Book
412, page 113, Deed Records of Williamson County, Texas, and LESS,
HOWEVER, the following - described CEMETERY TRACT:
Being a 1.02 -acre tract or parcel of land, lying and
being situated in the L. Fulton Survey, Abatract No. 236, in
WILLIAMSON COUNTY, TEXAS,,and being a part of the 198.11 -acre
tract of land conveyed to E. I. Cervenka, et ux, by La Velle
Hill Beaty, et al, by deed recorded in Volume 412, page 54, of the
Deed Records of Williamson County, Texas, and being more
particul my described as follows:
BEGINNING at an iron pipe marking the Southwest corner
VOL 8i.ShLE 1,34
THENCE North 70 deg. 57' East, for a distance of
214.28 feet to a point, for corner,
THENCE South 19 deg. 03' East, for a distance of 210.00
feet to a point, for corner;
a SO- foot 210.00 l feet to the
place of beginning, containing 1.02 acre■ of land, more or less,
LEAVING A NET ACREAGE IN SAID TRACT of 184 acres of land, more
or leas: TOGETHER WITH
All of my right, title and interest in and to the Osage
Royalty Interest pertaining to the original 148.11 acres
described as THIRD TRACT ABOVE;
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said E. I. CERVENKA, his heirs and
assigns, 'forever;
And I do hereby bind myself, my heirs, executors, and admin-
istrators, to WARRANT AND FOREVER DEFEND, all and singular the
said premises unto the said E. I. CERVENKA, his heirs and assigns,
against every person whomsoever lawfully claiming, or to claim
• the same, or any part thereof, SUBJECT, however, to all valid
restrictions, reservations and easements of record applicable to
the property herein conveyed.
THAT SIMULTANEOUSLY ON THIS DAY, the Grantor and the
Grantee have executed similar partition deeds, partitioning
the 185 acres and 226.01 acres held in common by the owners of
said land above named.
WITNESS MY RAND this, the 14th day of October, 1980.
T }:i, STATE OF TEXAS S
Wo erven a, n. v .ua 1 y
and as Independent Executrix of
the Estate of Gilbert Eugene
Cervenka, deceased
..;2N_ "Y OF TRA"I'
S
_EFORE ME, the undersigned authority, on this day person-
_ JUDITH WOOD CERVENKA, a widow, known to me to be
c -•s rson whose name is subscribed to the foregoing instrument,
, n_knowledged to me that she executed the same indjv' ,, �i•,
5
vat. 815rscF 135
Cervenka, deceased, for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVE*L UNDER MY HAND AND SEAL OP OFFICE this, the _�l
day of 4 r % ✓ , 1980.
Public n and for
County, Texas
THE STATE OF TEXAS
County of Williamson } 1, James N. Boydston. Clerk of the County Court of said County. do hereby cer-
tify that the foregoing instrument in writing. with its cenifcate of au)henticetion. was fled for record in my office on
the 5th day of NOV. A D 19 86 • at 8 :00 • o'clock a M., and duly recorded this
the 5th day of NOV. A D. 19 80 a1 10 : 30 o a M. in the_
Deed Records of said county, in Vo1815 DD 129
WITNESS MY NAND and seal of the Count;' Court of said County. at offce in Georgetown. Texas, the dale
Isst above written.
JAMES N. BOYDSTON. CLERK,
County Conn, Williamson County. Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
ASSIGNMENT OF REAL. ESTATE CONTRACT
K ?:OW ,ALL MEN BY THESE I'RESEN'IS: That LONGHORN
CONSTRUCTION, INC., a private Texas corporation, acting by
and through its duly authorized President, Robert
Leffingwell, for and in consideration of Ten and No /100
($10.00) Dollars, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
does hereby assign, transfer, convey and sell and has by
these presents assigned, transferred, conveyed and sold unto
the HERMITAGE JOINT VENTURE, a Texas Joint Venture Partner-
ship, all of its right, title and interest in and to that
one certain Real Estate Contract dared April 26, 1983, - by
and between E. I. CERVENKA and wife, EDITH CERVENKA, as
Sellers, and LONGHORN CONSTRUCTION, INC., as Purchaser, and
such contract purporting to convey 87.132 acres of land as
more fully described therein, a true and correct copy of
which is attached hereto as Exhibit "A"
EXECUTED on this _"day of June, 1983.
LONGHORN T RUCTION , INC .
i obWrt 1.I CIngw(T1I
Its Duly Authorized President
THE STATE OF TEXAS
COUNTY OF WILLI.AMISON
the "Property„") for the
and conditions herein:111e; set forth.
.Ja 1' ;l Cpl 1e{11: , ..
AUti I IN, TEXAS t- A.1
('HONE 5t2'47L- ;'(•31
REAL ESTATE CON ik '\CT
E'ieing 87.132 acres of land, brim; out of and a part of
that certain tract of land out of the DAVID CURRY
SURVEY A -30, in Williamson County, Texas, more
fully described in that one certain Partition Deal as
recorded in Volume 815, I'agc 129 of the Decd
Records of Williamson County, Teens.
This CONTRACT OF SALE is made by and between E. 1. CERVENKA and
EDITH CERVENKA, of Round Rock, Williamson County, Texas, hereinafter referred
to as "SELLER,' and LONGHORN CONSTRUCTION, INC., a Texas corporation acting
by and through its duly authorized President, ROHSLR[ LEFFINGWELL, of 1800 Mays,
6102, Round Rock (68664), Williamson County, Texas, hereinafter referred to as
"PURCHASER," upon the terms and conditions set forth therein.
Preliminary Statr•mcnt
WHEREAS, the Sellers are the owners subject to :natters of record of the follow-
ing described property, to -wit:
WHEREAS, the Purchaser desires to purch.t'.• the ,above dn'.c'1 flied property for
;he put puss of ,tciclopinl •t rosir4 utial ; c o.; :,r. r, 1..1; sii!,rhvi; ion.
:WHEREAS, the parties hereto d'.csire to hro, i:!:..ur such p1:rr.ha e and sale,
NOW, THEREFORE, in consirtCration of the mutual covenants to -rein stated the
parties Lagree as follows:
'Article l - Pw i.h.tti, ;,r1 ti.:!,•
Seller hereby sells and agrees to convey, ae the rurch.Ascr hereby a;recs to
parch,lse and to p.iy for the above described prnl:ty ,it cried in \\'illiarnson County,
i'cca t 1 ether with , im ; -rwcr ;:cot:. l �t.i + ! , ; con and together with all and
singular •..c rights and . ;,durt ^nancc, p,.t.u;i 1, t, is property, inr any right,
tit and interest of Seller in and to :1dl.r..ent street:, ,1Ilcys, or r i „hts -of -way, and all
of Seller's right, title and interest in ;u.d t any :in i all ;n ;i;cral rights and/or royalty
., (all such real pr tv, rights and .ip ;nut .. cinl; ` referred to
• n)i -t r„ `r0 tc :ns, prot'l•,io:ts,
Article 11 -- Purchase Price
2.01 Amount of Perchase Price: The p.ii char,: price for all of the above
described property shall be the sum of ONE k11L1.ION ONE HIJNDRED THIRTY-TWO
THOUSAND SEVEN HUNDRED .SIXTEEN AND No/l00ILIS ($1,132,716.00) DOLLARS; •
or, THIRTEEN THOUSAND AND NO/IGOTIIS (;r13,000.00) DOLLARS per acre, as
determined by a certified sto Vey as prepared by .1 Toss Registered Public Surveyor,
..r..hichever is less.
2.02 Payment ofPurchase Price: The purchas.• price shall be payable in cash at
Article III - Purch,a.er's
Conditic:n to Purchas(r's Or);:oatis: obiigati.)ns of Purchiser to
-a the tran,action conteinulced h :,ithject to the satislar:tion or
Of the' following condi:ions (iny ol whi. :wry Yed in whole or in part by
Purchaser at or pi to the closing.)
3.02 Preliminar Title Report: V.'ithirt t!i i (3)) days af tr2r the date hereof,
Seller, at Seller's sole cost and expense, shall !Loa: caused the title company to issue a
preliminary title report (the " title Report") aecarripanied by copies of all recorded
documeats relating to easements, right-of etc., at fecting the property.
Purchaser shall give Seller 'written r t cd or He!ar o the ...nzpiration of tea (10) days
alter he receives the Title Report that of title as set forth in such title
binder is or is not satisfactory and in the every, ar state-,
that the condition
is not satisfactory, Seller shall proardtly 1.) i'dmirrat •.t modify all such
ria :natters to the reasonable sati Parr:Hasr:: In the event the
Seller is ur:able to do se wit :en (10) „ris •-rf , 10t1C , .., this a,..r,reearent shall
th,reupe be :lull and void for 311 C)5, H ‘,113.11 br f.3rlhwith
7,', ;coed by the [s sr 1 .:..;•.• It ta Cr. Ir, '■ h0011 !II 11■IV.
deet:tie to he J;:copZ.t!Z: 0 1)' to Jrnfl be (lr•eined to O. been
tor all purpo
Purchaser'
3.'23 Survey: Tithun thirty till) day, f:n th ,i,tr !,;.trrof, at sole
ryhich cost shall be reir ::.rul-H‘ri to
v thrF. Purc;h
,1,1 experiscil shall cause to r
be al , 3:; boutry sur‘q t.,id
a
:0 pper:y, prepared by a duly drrnsed Texan Tend yr-vryor 3cceptabk to the Purchaser.
This survey shall be stal;ed on the grornd, and tdo plat shall show tile location of all
, 338hnvays, streets, toads, railroads, easement.; and i iglus-of-way, 00 or adjacent to the
property, if any, and shall contain the surveyor. certification that there are no
.) A
t1.01
encroachments on the property and shall set forth the number of total acres contained
in such property, together with a metes and bound•, description. thereof, and the total
'umber of acres so certif ied shall be the bask of calculating the total purchase price
.is set forth in 2.01 above.
Purchaser shall have ten (10) days alter the receipt eipt of such stir vey to review and
?prove the same. In the event any portion of the survey is unacceptable to the
by reason of an encroachment in the boundary line
Purchaser,/then the Purchaser shall, within a ten-day period, rive Seller written notice
of such fact. Seller shall promptly under tatze to eliminate or modify all such
n`ac ceptable por tions to the reasonably satisfaction of the Purchaser. In the event
Seller is unable to do so within ten (19) days :af ter receipt of such written notice,
purchaser may terminate this agreement, and the . shall thereupon be null
11 sold for all purposes and the escrow deposit still lot returned by the Escrow Agent
to the Purchaser. Purchaser's failure to give Seller such written notice shall be
..-, ..c•d to be Purchaser's acceptance of the survey.
?.Oa tics Survevs and Tests: The Porch r.rr 'rave 30 -- -- _- ----- -- -_ -_ -- , hall ,- days from the
_.:te hereof to conduct an engineering and feasibility stuc!y of the property and in this
con:aectian he or his designated agents may enter it,ayi the pre;nises far the purposes as
set out above and should it be determined in the Put chaser's sole judgment, for
, .'rl,ateyer reason, that the property is oat suitable 1, a residential ,end /or commercial
ubdiyision, then in such event the Purchaser may tipon written notice to the Seller
.c, :iyed prior to :v days from the d,,t., bona :', tetinirl.lte this ayyrecrrnent
and it
:11 tic null and void for all purpose. and .,.y dcnnsit shall I A
�_ forthwith
'eturnec` by the Escrov . ;r•rtt to the Pur•la,; -r. 1! ,- it ltn,
fotlrl is not received as
,coined above, then the conditions shall be ct,- l-.nea
to h;ayc been waived for all
: sec.
1.05 .\mt:'s:rtion to tlu• lily n' l :,?,rl ! ;'... 1 ' ,,nli understood that
- '•1, :�d
the Purchaser deem It Iler'I•• ;lit th.tt t!I(•
..._ ,xoi should be
..onexu 10 trio City of Round itock. I! cr [lr.• 511-11:.t , , ;;r t.-t• tot cxer tile, acknowledge
- J,•li,er any and all locum ::nls as shall b ecess.,; v liar the property to be ;annexed
the Cit.. of Rouad Ro,t u' ; : : :a•n,, C„ul :,.•- S! ;pule' the Purchaser not r E
a letter `rot the Ci ty of P.oar.cl Rock c ei
?.:7o Tax -tree Fs.changy. It is 1`- ttg to sE:: vice said prope }
- - --_ -_ : -yn•yd .u,. u, !,.. stood that should the Sellers
',sire to effect a 1031 is!, n re with ryspr t to .,1! nt ., portion of the above des-
cribed property, Purchaser agrees to cooperate o 1'I the Sellers in such exchange;
=r. osided that, Purchaser's cocurati r .tt i1 ;,
o •c s't.�1 ; additional expense and /or
one' r
r _ n os er, on of - Lore 'iJ d } '1 r e c tE _
' • 0 i — execution of t
should the City } of aa::e, ;,once c �y�c n<; letter of servicabi�i
, but the PorchaFer 511,121 fa 1 1 t
,. :ter spec_fic , r!ca !;E, t. I!E 950,000.00 1pt oar lti
to - withdraw rn cL 11c: 's sole option
at t! ru : chaser 's soll�','c
pr liability on Vie part of the Farr-chaser, an 1 that any cost involved in sur
shall be at the safe cost and e ,1f .._
3.07 Seller's Responsibilities: Seiler sh.r'! nay.- performed, observed arid
complied .with all the covenants, a,;re:rrnent , conditions required by this
;i•eer tn; ta be performed, observrtl, ,and _nrrr Th ••.: with I
� them prior to or as of the
closing.
Article (.' -- Representations and arc tunes ut Seller
Seller hereby warrants and renres.:rtt., to Purchaser a; follow;, vhich
r •presenta:ions and warranties shall be deemed n.: L `'.y Seller to Ptarchascr also as of
t,._ date of closing:
1. Tht•re are 110 parties in p - r• of aro:'onion of the
proper ty .i, l:' :s.';'s, tenants in .r..,•r.ln, e, or t, [r eS-
pa s s;
2. There is no pending or threatened condemnation or
similar proceeding; or assessment al le, -ti the property, or
any part thereof, nor to the best knowledge and belief of
Seller is any such proceeding or assessment contempl.ttecf
by any governinental authorities;
3. Seller has complied with all applicable laws,
ordinances, regulations, statutes, rules and restrictions
relating to the property, or any part thereof;
4. The property has full and free access to and from
public highways, streets or roads and to thr• hest knowledge
and belief of Seller, there is no pendatg or threatened
governmental proceeding which would impair or result in
the termination of such access.
Article V -- Closing
JACK fiARKLEY, 700 Main Street, 1a'
The closing shall be held at the office ofX`c ?:iX \7u :3.0S11sS A:t;SX:,,;CyYta_W7fh,ifrst
Williamson ninety (90)
:% r': ;4:;X`A'. 0 ;xxXx Texas, on or bet ore:e; :; } ::l_c:•3,4 :,; .>:';3:3 :days from
the date of the last execution of this contract by caner the Seller or th.c Purchaser, or
at ;u.:h time, date and place as the Seller and Per. i a•; m,ty agree upon (`.which date i5
e .
in referred to as the Closing Date.) At clo; r : S;•I! er sha!I•
1. Deliw_rr to Purchas.:r a e,,,ly csec a;[ . I u l a',Cv,wle :!,',ed
General Warranty Deed conveying ;;.5,1 and marketable
title in fee siinple to all the property, fr., and clear of any
and all liens, encumbrances, cun.fit :.rns, c u
rs
assessments ,rnd restrictions.
2. Deliver to Purchaser an Owner's Title Policy at Seller's
so le expense and issued by LONGHORN FILL[ COMPANY,
of Georgetown, Texas, which trtl,• ,!r,all he examined by
JOHN T. JONES, 1R., Attorney at Law, in the Purchaser's
favor in the total amount of the purchase price, insuring
the Purchaser fee simple title to the pnaporty subject only
to those title exceptions as :nay !rr. .upn,ved in writing by
Purchaser, and the standard printed e...•,rioras contained in
the usual form of the Texas On ,, r'•, 1' t•.• 1'.)!! v pro
v;:!. d,
however:
p
A.- - The boundary and survey except!a-,,, tih.11t be dele• - erJ
at the sole cost and expense of the ]••I!•rr.
B. The ex.'epti.i s: to re;trie tive covenants shall nc
endorsed'• \one of Record "; and,
C. The exception as to the 11.-11 1•v t,txr_•i •.h.rll 't •
limited to tne year of clo,iir and shall ! •• endorsed, "Not
yet due and payaftle.
3. Deliver to Purchaser possession of t:: proper ty.
Purchaser shall:
A. Pay in cart the totai purcl:.tse price of the p ro p er ty
as herein specified.
Rea! estate taxes for the then current year relating to the prop, ty, and rents, if
an:, she!: be prorated as of the date of claoa g and shall he adjusted in cash at closing.
t closing shall occur before the tax rite is fix •d
for the [lieu e;rrxrnt year, the
...N of taxes shall be upon the basis of t:.,• tax rate for the next preceding_
epp!ied t the assessed valuation. All spe taxes or assessments to the closing
(dye shall be paid by the Seller, including b.it not Ii r:ited to any taxes, including
penalty and interest, that may he due. and payable be :ause the Seller has filed an
n-lc !Itu-c exemption against the above described !and. The Seller's liability in such
shall be for a period not to exceed five (5) year, prior to the date of closing. •
-Ail costs and expenses Of closing and con•.mnnt.,tinp, the sale and purchase of the_
er°perty -shall be borne by the Seller.- �' " F �J / r j
Article VI. _- Escrow Deposit
For the purpose of socuriug the prrfornt,tni•i• ot the Purchaser under the terms
seta; 1 JACK BARKLEY
and provisions of this agreement, the Purchast;f Itari delivered to . iINV•7.Jt }tgl;ggt ;gar;(
ca or before 30 days from the date of execution of this contract
the suit of Rwgy. - > y THOIJS:IND AND NO /1091 07 -1 DOLLARS in an
FIFTY ($50,000.00)
,,'criest money check as the escrow de'po;it, which check shall he cashed by the Escrow
Agent and such escrow fund, , hall he hell until th , Le,ing; or until tiie Purchaser has
defa,Ited in one or more of the provisions hereun;;-•, ; however, in the event
Purchaser shall have given writtat nottr_c to the Es, \,;rot that one or more of the
.tnlitions to its obligations ,_t forth in , \rtic_le 111 '
. •not been met, or in the event
that Purchaser cannot be s.t tisf iei, i t the rnanne•r or ,, -, provir1 r1 for in Article ff! then
the escrow deposit shall be forthwith returned by the E o -. v Agent to the Purchaser.
Earnest rnor,cy is deposited with the Escrow Agent with the understanding that the
ou ; \gent (t) 11oe7i n assume CC Irnvc ,te Isar ;il ity for t or
nonperformance of any party (ii) has the rig',t to r• the receipt,
i release and
a'ithorizatio :n in writing of .ill parties before
!'I)JSIt to any party and (iii) is
not liable for interest u. •
other t_harge on the f,;:. ,
`'•I`I• If any party unreasonably
! ills to ,tgrac in . a ' r; ti•) .
!u an appr >pr•I!• re h! >
C irrnwst t.lr) I then v. :`I ..r
!, 1all he liable to the h r ty
JL.Cr parties to ,' ,•�•
c nt in parn r' r. VU ar.rf Vfir
At closing, e.trneSt money shall be applies t) an c
Y ish do'.vn payment required,
next to Purchaser's closing costs and any excess refunded to Purchaser.
Purchaser shall be entitled to refund of earnest looney, an (re
y ar -tual expenses incurred d or or
paid on Purchaser's behalf shall be deducted therefrom and paid to the creditors
entitled thereto.
Article VII. -- Breach by Scaler
In the event the Seller shall fail to fully and timely perform any of its obligations
!wr'eunder or shall fail to consummate the sale of t! "= property for any reason, except
Purchaser's default, Purchaser ;nay:
I• Enforce specific perfornaiwe of this .1,V
Z•
Escrow :lor.ey Dep.)sit shall be return' f i :r •'eat; I i
Escrow
Purchaser; Jr,
Y )y ,1r rot to
X )::XXX.NXC}_ }il :'il'i1;•1} ;v:_C
services that. should it become nc ..s f „r the Purchaser to employ the
s ee an attorney 1,>r the entor:•••:,,, 01 a .r , vision of ttn , contract, S:•Iler
pay a reasonable attorney's fee in connection t.I•r,•.vith.
Article VEIL _Breach b Put c.,•)ser
In the even: Purchaser shall fail to consurmrnat.' the purchase of the property, the
condition of Purchaser's obligations set forth in ,\r :i.l fll having been satisfied and
Purchaser being in default and Seller not being in default hereunder, Seller shalt have
tie right to r eceive the escrow deposit r !
'reek from the (a :'ru
Al;cnt, such sum being
;;: red up.)n as liquidated damages for the failure of the Purchaser to perform the
: Ities an.f liabilities and obligation, imposed 0,1 hi : '
tl : cr:ns to provisions of this
agreement, and Seller agrees to take and .) s ' , r . r
. un'Is ,r, his total damages
and as Sclle;'s sale rem
eJ ereurrd •r in !I
'�rcn t !n a:frli[ion, Purchaser
sh. be obligated
to deliver •t!! tnforn.i'i„ _- „ _
to the Seller
W • taut cost to the Seller.
Arti :II' IX___ •II. in , u,
A. Purchaser reserv the right t.,)
tho■)t t`ie consent of the Seller.
nn trar:[ at or prior to closing
Survival t.A Covenants: Any represent e , warrantee,, covenants, and
ak;re of the Seller, as wdL as any rights and benefits of the Purchaser, pert
to a period of time following the clus:ng 01 t 'nsaetioii contemplated hereby
shall survive the closing :led shall not he
C. Notice: ,Nny notice required or permitted to bn delivered hereunder shall
be deemed received when sent by United .States mail, postage prepaid, by certified
mail, return receipt requested, addressed to the c.wiler or Purchaser, as the case may
be, at the address set forth opposite the signatures ei stih party.
D. Texas law to Apply: This contract shall be construed tinder and in ac-
eorerar,ce with the laws Of the State of Te.ce; ar,d ohheatioes of tLe parties created
iin this contract arc to he performed in Wit ::ounty, Texas.
E. Parties N)un' : This cotit:act di he he; And VIM t! to the benefit
of the parties hereto, their respective heirs, e.Keee administrators, legal repre-
ser,tatives, sucttesiors id
F. Legal Cons triiettee: 1;1 c.:t yi. any ow o; :he provisions contained in
this contract shall for any reason he ioi, or t 'r`1!fOrCeahle ill any
SuCh illegahty, or uilenforii..•.,',,Tetv, shall not affect any other
th:s sh.t1; !
rioeitereeable provisieer h.■ 1 pot c.mt.noe.1
G. Prior Agreements 'Super „efe.1: This , : ,, nstitutes the sole and ority
..:•,;rcemcnt fa the part:.e., hereto and sri '' ,)r 1 ■ iil , . 1, 21NI.::!1■!!tVi or written or
agre.nrents bet,een tit•2 pr r.- vv• ro;pc•:t. 7■• r.■1 *.k thin su!)1...-it matter.
H. Time is of the 1.7.sse(1, Time is of•t■R: tf:is co:
1. Compliance: In ac.-,:•m,-.1.ince r ,: . re,t S.tction 23 of the
s it Lic:tm,e th•L: ; : that he should he
tirnisli4...d with r bt.cin poli:. of tttl:• iny:r or 0 0. on abstract covering the
:Teper:v 11!:i
Tie 1;1 the event o. f::1!y the. contract has riot
ret;rne,..: to l.r. hase: 2n. on 0:eee:es.3,is of April, 1.93,
l'ar.i shall hase the r,ir,ht ter,,e,hate E 0:)n nOtiC to
EXEC!.)TED
•
r - _
I. VLNK - •
•
•
_7.
DATED:
DATED: ,
EI)1 It I CER YENKA
PUIZCII.A.
LONG! ■PN CONTRUCTR)N, INC.
/
/
by,' - /f<Y%
F LEFE:pc'GwEETL
RECEIPT FOR EARNEST 11t)NEY
JACK BARKE,Ey .., as F.scrow Agent, ( h ,`.,-(,!)y acknowledge receipt of the
sum of "FIFTY THOUSAND AND No/looms (S50,060 ) DOLLARS in the form of
a check issued by LONGHORN CONSTRLIC ION, !NC.• the escrow deposit, and do
hereby agree to hold and :loposit the sarnc• the terms and conditions
,)! this contract.
DATED
-s-
JACK LAFTI..1.:Y
Escrov.,