Contract - Top Family, LLC - 12/7/2023 REAL ESTATE CONTRACT
Red Bud North Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between TOP
FAMILY, LLC (referred to in this Contract as "Seller", whether one or more) and the CITY OF
ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows:
All of that certain 0.056 acre (2,451 square foot) tract of land out of and situated in
the Willis Donaho Survey, Abstract No. 173 in Williamson County, Texas; more
fully described in Exhibit"A", attached hereto and incorporated herein(Parcel 2);
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 ONE HUNDRED SIXTY THOUSAND and 00/100 Dollars
($160,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash or other good funds at the Closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
R-2023-406
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is 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 on or before
October 28, 2023, or at such time, date, and place as Seller and Purchaser may agree, or within 10
days after the completion of any title curative matters if necessary for items as shown on the Title
Commitment or in the contract(which date is herein referred to as the "Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
2
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
conveying good and indefeasible title in fee simple to all of the Property described in Exhibit"A",
free and clear of any and all monetary liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) The Deed shall be in the form as shown in Exhibit"B" attached hereto.
(3) Provide reasonable assistance as requested and at no cost to Seller to cause Title
Company to provide Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be 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.
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
3
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
6.01. 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
7.01. In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
4
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
e
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
v
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
5
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
ounterparts8.11 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.
Contingent Possession and Use Agreement
v v
8.12. Upon completion of (1) the full execution of this Contract by all parties, and (2)
acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the
Title Company, Purchaser, its agents and contractors shall be permitted at any time after
November 6, 2023 to enter and possess the Property prior to Closing for the purpose of
completing any and all necessary testing, utility relocation and construction activities associated
with the proposed roadway improvement construction project of Purchaser on the Property or
other obligations of this Contract, and Seller agrees to make any gate access available to
Purchaser, its contractors or utility facility owners as necessary to carry out the purposes of this
paragraph. The parties further agree to continue to use diligence in assisting with any title curative
measures or mortgage lien release required by the Contract to complete the Closing of the
purchase transaction.
Special Conditions
8.13. Seller and Purchaser agree to comply with the following special conditions:
v v
(a) Purchaser shall maintain full access for ingress and egress to, and prevent the
impairment and/or closure of, the driveway on the Property located along E. Old Settlers Blvd.
during the construction of the Red Bud North Improvement Project until such time as the
expansion of the access easement, identified in the Official Public Records of Williamson Count
Texas under Document No. 2012015610 (the "Access Easement") attached as Exhibit
[ 7
completed by Purchaser.
6
(b) Purchaser shall expand and construct, at its own cost, the Access Easement drive
depicted in the attached Exhibit -D" to a width of no less than fifty (50) feet. Purchaser's
construction shall utilize the same construction methods and materials as the existing Access
Easement drive, including but not limited to concrete thickness, reinforcement, curbing aintinp
and fire lane designations.
(c) Seller and Purchaser shall execute an amendment to the Access Easement attached
as Exhibit`'B'" which depicts the expanded Access Easement drive.
(d) After Purchaser's construction of the expanded Access Easement drive is complete,
Seller shall maintain the expanded Access Easement drive.
(e) Purchaser shall provide an administrative adjustment letter from the Cily noting
that all City code provisions, rules, and regulations applicable to the Property before the sale
which would be violated by the remaining Property after the sale in lieu of and under threat of
condemnation will not be enforced against the Property while the current use and improvements
continue.
SELLER:
TOP FAMILY, LLC
By: Address:4450 East Old Settlers Blvd #100
Name:Shakeel Badarpura Round Rock TX 78665
Title:Managing Member
Date: 11/02/2023
PURCHASER:
CITY OF ROUNDROC TEXAS
By: 7 Address: 221 E. Main Street
Craig orgarayor Round Rock, Texas 78664
Date: 1 L
7
EXHIBIT IAJL
Page 1 of 5 Exhibit
Proj. Parcel 2, Top Family, Inc.
August 8, 2023 Willis Donaho Survey, Abstract No. 173
EXHIBIT
PROPERTY DESCRIPTION FOR PARCEL 2
DESCRIPTION OF A 0.056 ACRE (2,451 SQUARE FOOT) PARCEL OF LAND
SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 1731 IN WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF LOT 11 (0.992 ACRES), OF WHITNEY
TRACT PHASE 1, FINAL PLAT, A SUBDIVISION OF RECORD IN DOCUMENT NO.
20120409731 OF THE OFFICIAL PUBLIC RECORDS OF WILLAMSON COUNTY,
TEXAS, AND BEING DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S
LIEN TO TOP FAMILY, INC., RECORDED IN DOCUMENT NO. 20120150761 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.056 ACRE
(2,451 QUARE FOOT) PARCEL BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an X cut set in concrete, having grid coordinates of N=10,173,066.14, E=3,152,150.21, in
the proposed northerly right-of-way (ROW) line of County Road (C.R.) 113 (Old Settlers Blvd.) (variable
width ROW), same line being in the easterly boundary line of that called 2.97 acre tract of land described
in a Special Warranty Deed to City of Round Rock recorded in Document No. 2019119502, of the Official
Public Records of Williamson County, Texas, same line being in the westerly boundary line of said Lot 1,
for the northwesterly corner and POINT OF BEGINNING of the herein described parcel and from which
point a capped iron rod with plastic cap stamped "Austin Surveyors" found in the southerly boundary line
of Lot 13, of the FINAL PLAT OF SETTLERS CROSSING, SECTION 3, a subdivision of record in Cabinet
AA, Slides 375-376, of the Plat Records of Williamson County, Texas, being the common north corner of
said 2.97 acre tract and said Lot 1, bears N 02°40'50" W, at a distance of 265.14 feet;
THENCE, with said proposed ROW line, through the interior of said Lot 1, the following five (5) courses:
1) N 77041959" E, for a distance of 41.76 feet to an iron rod with aluminum cap stamped "CORR
ROW' set, for an angle point hereof,
2) N 87011557" E, for a distance of 32.50 feet to an iron rod with aluminum cap stamped "CORR
ROW' set, for an angle point hereof;
3) N 73040529" E, for a distance of 28.26 feet to an iron rod with aluminum cap stamped "CORR
ROW' set, for a point of a non-tangent curve to the left,
4) along said curve to the left having a radius of 36.00 feet, a delta angle of 62032'42", an arc length
of 39.30 feet, and a chord which bears N 50054'55" E, a distance of 37.38 feet to an iron rod with
aluminum cap stamped "CORR ROW' set, for a point of non-tangency of the herein described
parcel,
5) N 55028552" E, for a distance of 17.83 feet to an iron rod with aluminum cap stamped "CORR
ROW" set, in the existing westerly ROW line of County Road 122 (C.R. 122)(Redbud Lane)
(variable width ROW), same line being the easterly boundary line of said Lot 1, for the
northeasterly corner hereof and from which point an iron rod with aluminum cap stamped "CORR"
found in said existing ROW line of C.R. 122, same point being the southeasterly corner of Lot 29
of said SETTLERS CROSSING, SECTION 3, also being the northeasterly corner of said Lot 1
bears N 06000'55" E, at a distance of 224.16 feet,
6) THENCE, S 06000'55" W, departing said proposed ROW line, with the easterly boundary line of said
Lot 1, same being the existing ROW line of said C.R. 122, for a distance of 16.78 feet to a calculated
angle point, being the cutback of the existing northerly ROW line of C.R. 113 (Old Settlers Blvd.)
(variable width ROW), for angle point hereof;
Page 2 of 5 Exhibit
Proj. Parcel 2, Top Family, Inc.
August 8, 2023 Willis Donaho Survey, Abstract No. 173
7) THENCE, S 45012'10" W, with the cutback of said C.R. 113 (Old Settlers Blvd.) and said C.R. 122
(Redbud Lane), same line being the easterly boundary line of said Lot 1, for a distance of 58.46 feet
to a 1/2 iron rod found in the existing northerly ROW line of said C.R. 113, for the southeasterly
corner hereof,
8) THENCE, S 87019'10"W, with the northerly ROW line of said C.R. 113, being the southerly boundary
line of said Lot 1, for a distance of 100.47 feet to a Mag Nail with "JPH Land Surveying" found, being
the southeasterly corner of said 2.97 acre tract, same point being the southwesterly corner of said Lot
1, for the southwesterly corner hereof,
9) THENCE, N 02040'50" W, departing said existing ROW line, with the common boundary line of said
2.97 acre tract, and said Lot 1, for a distance of 10.50 feet to the POINT OF BEGINNING, containing
0.056 acres, (2,451 square feet)of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
42031 NAD 83. All distances and coordinates recited herein are Surface values using a Surface to Grid
scale factor of 0.99988313.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Miguel A. Escobar, a Registered Professional Land Surveyor, do hereby certify that the above
description and the accompanying sketch is true and correct to the best of my knowledge and belief and
the property described herein was determined by a survey made on the ground during the month of May
2021, under the direct supervision of M. Stephen Truesdale, LSLS, RPLS No. 4933.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas on this 8t" day of August,
2023, A.D.
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Miguel A. Escobar L.S.L.S. R.P.L.S. � P°
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Texas Reg. No. 5630 �N�°SURv0yo
1504 Chisholm Trail Rd #103
Round Rock, TX 78681
TBPELS Firm No. 10059100
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� PLAT TO ACC®MI��l�T�Y I�AIf3CIEIL DE�I[$II�TI®1�T
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DRAINAGE & STORMSIS
VIAL T FINAL PLAT SEWER EASEMENT
DOC. NO. 2012015609
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STR4CSETTLERS CROSSING
I N I SECTION 3 O.P.R.W.C.T.
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CAB. AA, SLDS, 375-376 �0 "ALUM-CORR"
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BLOCK "F" J
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LINE EASEMENT (S860 qq' 32"W 180. 22, ) —
0.007 ACRE - - - - - - - _
DOC. N0. 2012033793— — — — — — P9 ;
O.P.R.W.C.T.
/ - - - - - - - - - - — STORM SEWER &
o DRAINAGE EASEMENT
C.0. / I 0.061 ACRE
DOC. NO. 2012033794
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0.PR.W.C.T.
PARCEL PLAT SHOWING PROPERTY OF 07/10/2023
N LAN D
INC.G EO D ETI CS TOP PARCEL2
PROFESSIONAL LAND SURVEYORS 0.056 ACRES
1 504 CHISHOLM TRAIL RD.STE. 103
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY 2,451 S q. F t.
PH.(Sl 2)238-1200,FAX(Sl 2)238-1251
FIRM REGISTRATION NO.100591-OLJW 1 " = 40' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 3 OF 5
SABROWN&GAY\RED BUD-CR122 NORTH\PARCELS\PARCEL 2-TOP-FAMILY-INC\PARCEL 2-TOP-FAMILY-INC-2023-07-10.dgn
EXHIBIT "
INLAY TO ACCOMT7A TAY PARCEL DESCRIPTION
1) BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD-83 2011)).ALL DISTANCES SHOWN
HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID-TO-SURFACE COMBINED ADJUSTMENT
FACTOR OF 0.99988313.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. T-161406,
ISSUED BY FIRST AMERICAN TITLE GUARANTY COMPANY, EFFECTIVE DATE JUNE 16, 2023, ISSUE DATE JUNE 26, 2023.
RESTRICTIVE COVENANTS: DOCUMENT NO(S) 2012040973 (PLAT), AND 2012015610, OFFICIAL PUBLIC RECORDS, WILLIAMSON
COUNTY, TEXAS, BOTH SUBJECT TO, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX,
DISABILITY, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.
2. A 10 FOOT WIDE PUBLIC UTILITY AND SIDEWALK EASEMENT ABUTTING AND ALONG THE STREET SIDE PROPERTY LINES, AS
STATED ON THE PLAT OF RECORD IN DOCUMENT NO. 2012040973 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TEXAS, ITS LOCATION IS SHOWN.
3. A WASTEWATER EASEMENT OF UNDETERMINED WIDTH RESERVED ALONG THE NORTHWESTERLY CORNER OF PROPERTY, AS
SHOWN ON THE PLAT OF RECORD IN DOCUMENT NO. 2012040973 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, ??.
4. A DRAINAGE AND STORM SEWER EASEMENT OF UNDETERMINED WIDTH RESERVED ALONG THE NORTH PROPERTY LINE, AS
SHOWN ON THE PLAT OF RECORD IN DOCUMENT NO. 2012040973 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TEXAS, ??
5. A PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT EASEMENT AS DESCRIBED IN DOCUMENT NO. 2012015610, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS, ITS LOCATION IS SHOWN.
6. AN ELECTRIC DISTRIBUTION AND TELEPHONE LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AS DESCRIBED
IN VOLUME 801, PAGE 255, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, ITS LOCATION CANNOT BE DETERMINED FROM THE
RECORD DOCUMENT.
7. A WASTEWATER LINE EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS AS DESCRIBED IN DOCUMENT NO. 2012033793,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
8. A STORM SEWER AND DRAINAGE EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS AS DESCRIBED IN DOCUMENT NO.
2012033794, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
9. A WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK AS DESCRIBED IN DOCUMENT NO. 2013005399, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, ITS LOCATION IS SHOWN.
10. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF COAL, LIGNITE, OIL, GAS AND OTHER MINERALS, TOGETHER WITH
ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING THERETO, APPEARING IN THE PUBLIC RECORDS WHETHER LISTED IN
SCHEDULE B OR NOT. THERE MAY BE LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF MINERAL INTEREST THAT ARE
NOT LISTED.
PARCEL PLAT SHOWING PROPERTY OF 07/10/2023
N LAN D
INC.G EO D ETI CS TOP PARCEL2
PROFESSIONAL LAND SURVEYORS 0.056 ACRES
1 504 CHISHOLM TRAIL RD.STE. 103
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY 2,451 S q. F t.
PH.(Sl 2)238-1200,FAX(Sl 2)238-1251
FIRM REGISTRATION NO.100591-00 1 " = 40' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 4 OF 5
SABROWN&GAY\RED BUD-CR122 NORTH\PARCELS\PARCEL 2-TOP-FAMILY-INC\PARCEL 2-TOP-FAMILY-INC-2023-07-10.dgn
EXHIBIT " "
PLAT TO ACCOMF1AN Y PARCEL DESCRIPTION
LEGEND
A MAG NAIL FOUND
0 IRON ROD WITH ALUMINUM CAP LINE BREAK
STAMPED "CORR ROW" SET P.O.B. POINT OF BEGINNING
IRON ROD WITH PLASTIC OR ( ) RECORD INFORMATION
ALUMINUM CAP FOUND - AS NOTED P.R.W.C.T. PLAT RECORDS
X X CUT IN CONCRETE SET WILLIAMSON COUNTY, TEXAS
� I/2" IRON ROD FOUND D.R.W.C.T. DEED
DAMSONRD RECORDS
TEXAS
Z� CALCULATED POINT 0.R.W.C.T. OFFICIAL RECORDS
PROPERTY LINE WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
DENOTES COMMON OWNERSHIP WILLIAMSON COUNTY, TEXAS
II. TERMS, CONDITIONS, AND STIPULATIONS IN THE DRAINAGE EASEMENT AGREEMENT BY AND BETWEEN TOP FAMILY, LLC AND
5.959 RR INVESTORS, LLC, AS RECORDED IN DOCUMENT NO. 2012015609, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,
TEXAS, DOES NOT AFFECT.
12. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER ANY AND ALL UNRECORDED LEASES OR RENTAL AGREEMENTS. (NOTE:
THIS ITEM CAN BE DELETED UPON RECEIPT OF AN AFFIDAVIT EXECUTED BY THE SELLER EVIDENCING THERE ARE NOT ANY
OUTSTANDING LEASES OR RENTAL AGREEMENTS. IF THE AFFIDAVIT REVEALS UNRECORDED OUTSTANDING LEASES OR RENTAL
AGREEMENTS THE EXCEPTION MAY BE MODIFIED TO MAKE SPECIFIC EXCEPTION TO THOSE MATTERS.)
13. ANY VISIBLE AND APPARENT EASEMENT, EITHER PUBLIC OR PRIVATE, LOCATED ON OR ACROSS THE LAND, THE EXISTENCE
OF WHICH IS NOT DISCLOSED BY THE PUBLIC RECORDS AS HEREIN DEFINED.
14. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE, INCLUDING
BUT NOT LIMITED TO FENCES NOT FOLLOWING THE PROPERTY BOUNDARIES, THAT WOULD BE DISCLOSED BY AN ACCURATE
AND COMPLETE LAND SURVEY OF THE SUBJECT PROPERTY. (OWNER'S POLICY ONLY
NUMBER RADIUS DELTA LENGTH CHORD BEARING CHORD
CI 36.00' 62°32'42" 39.30' N500 54'55''E 37.38'
NO. DIRECTION DISTANCE
L 1 N770 41 ' 59''E 41 0 76'
L2 N870 1 1 ' 57''E 320 50'
L3 N 7 3 0 40' 29"E 280 26'
L4 N550 28' 52"E 1 70 83'
L5 S06000' 55"W 16. 78'
L6 N02040' 50"W 10. 50'
1 DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN
WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER � FO°°°° T°THE DIRECT SUPERVISION OF M. STEPHEN TRUESDALE, L.S.L.S., cP0 °
° G �
°
° � °R.P.L.S. NO. 4933 IN MAY 20/' ° °V
^
° °
°°°°°°°°°°°°°°°°°°°°°
MIGUEL ANGEL ESCOBAR
08/08/2023 °°°°°°°°°°°°°°°°°°°°°
-Z .o 5630 P°°°o
MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S. °o
0
°°°°
TEXAS REG. N0. 5630 1,9�;°Esse °yO�C
1504 CHISHOLM TRAIL ROAD, #103 SURv
ROUND ROCK, TEXAS 7868
TBPELS FIRM NO. 10059100
PARCEL PLAT SHOWING PROPERTY OF 07/10/2023
N LAN D
INC.GEODETICS TOP PARCEL 2
PROFESSIONAL LAND SURVEYORS 0.056 ACRES
1 504 CHISHOLM TRAIL RD.STE. 103
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY 2,451 S q. F f.
PH.(Sl 2)238-1200,FAX(Sl 2)238-1251
FIRM REGISTRATION NO.100591-00 1 " = 40' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 5 OF 5
SABROWN&GAY\RED BUD-CR122 NORTH\PARCELS\PARCEL 2-TOP-FAMILY-INC\PARCEL 2-TOP-FAMILY-INC-2023-07-10.dgn
EXHIBIT IE3
DEED
Red Bud Lane (North) Right of Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That TOP FAMILY, LLC, 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, for use as public right-of-way and no other
purpose, all that certain tract or parcel of land lying and being situated in the County of
Williamson, State of Texas, along with any improvements thereon, being more particularly
described as follows:
All of that certain 0.056 acre (2,451 square foot) tract of land out of and situated in the
Willis Donaho Survey, Abstract No. 173 in Williamson County, Texas; more fully
described in Exhibit"A", attached hereto and incorporated herein(Parcel 2).
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the property described in said Exhibit
"A" to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
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 Red Bud Lane.
TO HAVE AND TO HOLD the property herein described and herein conveyed together with
all and singular the rights and appurtenances thereto in any wise belonging unto City of Round
Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto City of Round Rock, Texas and its assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof by, through or under
Grantor.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2022.
[signature page follows]
2.
GRANTOR:
TOP FAMILY, LLC
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of
2023 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:
3.
EXHIBIT
C
FUD 13Y IIIIIIIIIIlIIIIIIIIIIlIIIIIIIIIIIIlIIIIIlIIIIIIIIII REST
�t�STAR,mom co�P�r 2012015610
9 PGS
��t.�tiilidY�ilii�'-q`�� _�_a5-=•�ay�;tr.
COVENANTS, CONDITIONS,RESTRICTIONS
AND EASEMENT AGREEMENT
THIS AGREEMENT (this "Agreement") is made this �g� o
r e\0 U� , 20125 by and between 5.959 RR INVESTORS, LLC, A T 'm
Liability Company ("RR INVESTORS") and TOP FAMILY, LLC (hereinafter erre t as
"TOP").
WHEREAS:
A. RR INVESTORS is the owner of that certain 4.967tract of o located in
Williamson County, Texas, more particularly described as that certain .9 re tract of land
more in particularly described the deed recorded under Document # OS of the official
public records of Williamson County, Texas save and except the t des c ' din Exhibit "A"
previously conveyed to TOP ("RR INVESTORS TRACT").
B. TOP is the owner of that certain tract of p y located in Williamson
County, Texas, more particularly described as 0.992 a es o d, being more particularly
described in the attached Exhibit "A" ("TOP TRAC 's located adjacent to the RR
INVESTORS TRACT.
O
C. RR INVESTORS and T ha 9 to enter into this Agreement in
connection with the ownership and use o INVE ORS TRACT and TOP TRACT.
NOW, THEREFORE, for Ten s 10.00) and other good and valuable
consideration, the receipt and su 'ency or 'ch are hereby mutually acknowledged, the
parties hereby agree as follows:
1. RR INVESTORS a f itself, its successors and assigns, does hereby
grant, convey and assign �to t successors and assigns, a perpetual non-exclusive
access easement over and acr th way described in the attached Exhibit B located (or to
be located) within RR IN CT for vehicular and pedestrian ingress and egress to
and from E. Old Settler Boul a and TOP TRACT ("RR INVESTORS TRACT Access
Easement"). The O TRACT Access Easement is for the use and benefit of TOP,
any present or t r OP TRACT and their respective successors, assigns, lessees,
sublessees, in i e est , 'censees and patrons in common with RR INVESTORS and any
present or fate RR INVESTORS TRACT. The conveyance of the RR INVESTORS
TRACT Access a ent is subject to all matters that a true and correct survey would reveal and
any and all s cord in Williamson County, Texas, to the full extent same are valid and
subsisting pert i to RR INVESTORS TRACT. RR INVESTORS, for itself and any present
or futu r INVESTORS TRACT hereby reserves the right to continue to enjoy the
use o e rty burdened by the RR INVESTORS TRACT Access Easement for any and all
o that o not unreasonably interfere with or prevent the use of the RR INVESTORS
T T ess Easement by TOP, and TOP TRACT's successors, assigns, lessees, sublessees,
invite , guests, licensees and patrons. It is expressly acknowledged and understood that the RR 4
V ORS TRACT Access Easement herein granted is and shall be appurtenant to TOP
and for the benefit of the present and successive owners thereof, and further shall be a
covenant running with the land, binding upon the present and successive owners of RR
INVESTORS TRACT. Nothing herein shall provide to the TOP, their agents, employees,
guests, invitees or licensees,the right to park vehicles on RR INVESTORS TRACT.
2. TOP, on behalf of themselves, their successors and assigns, do hereby grant,
convey and assign unto RR INVESTORS, its successors and assigns, a perpetual non-exclusive
access easement over and across all of the driveway portions of the property descri 'n the
attached Exhibit A located or to be located within TOP TRACT for vehicular and trian
ingress and egress to and from to North Red Bud Lane (County Road #1.2 n
INVESTORS TRACT ("TOP TRACT Access Easement"). The TOP TRACT Ac s ent
is for the use and benefit of RR INVESTORS, any present or future owners of RR EST RS
TRACT and their respective successors, assigns, lessees, sublessees, invitee , s, ensees
and patrons in common with RR INVESTORS and any present or fut r of TOP
TRACT. The use of the TOP TRACT Access Easement is subject to all r a true and
correct survey would reveal and any and all matters of record in Willi s ounty, Texas to
the full extent same are valid and subsisting and pertain to TOP T . TO , for themselves
and any present or future owners of TOP TRACT hereby reserve t 'ght ontinue to use the
property burdened by the TOP TRACT Access Easement for a a 1 purposes that do not
unreasonably interfere with or prevent the use of the TOP TRA c ess Easement by RR
INVESTORS, and RR INVESTORS TRACT's successors, a s, le es, sublessees, invitees,
guests, licensees and patrons. It is expressly acknow d nderstood that the TOP
TRACT Access Easement herein granted is and shall e ap enant to RR INVESTORS
TRACT and for the benefit of the present and succes ' e thereof, and further shall be a
covenant running with the land, binding upon t p t and successive owners of TOP
TRACT. Nothing herein shall provide to the RR VES RS, its agents, employees, guests,
invitees or licensees, the right to park vehi e CT.
3. RR INVESTORS and T , gree not t construct or place any fences, barriers, or
any other obstacle which would prevent ass of pedestrians or vehicular traffic over or
across the RR INVESTORS TRA T Access e ent and the TOP TRACT Access Easement.
The foregoing provision shall not ibit any arricade needed to be erected which will be
necessary in connection with the n tion, reconstruction, repair and maintenance of the
driveway or any other improve e or any portion of the RR INVESTORS TRACT
Access Easement and the TOP ccess Easement (all such work being conducted in the
most expeditious manner w' i um of interference with the RR INVESTORS TRACT
Access Easement and the CT Access Easement).
4. If dt!�I'ng exis e ce of this Agreement, either RR INVESTORS or TOP, shall
sell or transfer t i inate their respective interests as an owner of all or any portion
of RR INVE T T or TOP TRACT, then from and after the effective date of sale,
transfer, or na 'o o interest, the selling or transferring party shall be released and
discharged fro an 11 obligations, responsibilities, and liabilities under this Agreement as
to that pa 1 of RR INVESTORS TRACT or TOP TRACT which has been sold or
transferre , exce t for those obligations and responsibilities and liabilities, if any, which have
alread ac of such date. Any transferee of all or any portion of RR INVESTORS
T TRACT by acceptance of the transfer of such interest shall thereupon become
u to t covenants contained in this Agreement to the extent of such interests as if said
e ere an original party hereto.
All communications required or permitted under the terms of this Agreement shall
e in iting, addressed as follows, and shall be deemed given when delivered by hand or when
postage prepared, by certified or registered mail,return receipt requested:
-2-
If to 5.99 RR INVESTORS, LLC:
'I-J92e2 Oe.4N 4�t� -AZXJ-
If to TOP FAMILY. LLC:
,E M A K E E-L %*JD
, cl:���
The above addresses shall be effective until changed by eit art writing in accordance
with the terms of this Agreement.
6. TOP, at the time it begins construction of't deve pment on TOP TRACT, shall
construct, at its sole cost and expense, the common 0e located on RR INVESTORS
TRACT, at the location described in the attach Ex it B. Prior to commencement of
construction TOP shall supply full constru 0s t INVESTORS for the approval
which shall not be unreasonably withheld. e 'v all be concrete and shall comply with
all Williamson County and/or City of nd Rock des. The construction shall be done in a
good and workmanlike manner, and TOP ind 'fy and hold harmless RR INVESTORS,
from all costs and expenses related to such co ion and any and all liens related thereto. RR
INVESTORS, grants to TOP the t to use as much of the surface of the property that is
adjacent to the Property, Exhibit B as be reasonably necessary to install and maintain the
driveway within the Property, i Wever, TOP must promptly restore the Adjacent
Property to its previousP�ysi i n if changed by use of the rights granted by this
Secondary Easement. After c lei f the construction of the initial driveway improvements
by TOP, RR INVESTOR s all each jointly maintain and repair the entire Driveway
Easement at their equal pens , e subsequent owners of any part of the RR INVESTORS
TRACT shall ea ate share of the costs of the maintenance and repair of the
Driveway Ease e pletion of the driveway, RR INVESTORS shall pay to TOP on
half of the co o tru i n of the driveway not to exceed FIFTEEN THOUSAND EIGHT
HUNDRED F ($ 0.00) DOLLARS.
7. p iod of twenty (20) years from the date of recordation of the Agreement,
RR R--;VE ORS its successors and assigns, shall not allow the operation on the RR
INVE T of a convenience store, business selling gasoline, tobacco, or beer for off
pre s s c ption.
Prior to commencement of construction of improvements on the TOP TRACT,
TOP 11 provide a site plan, building layout, and exterior design drawings to RR INVESTORS
or it proval which shall not be unreasonably withheld.
-3-
9. This Agreement and the exhibits made a part hereof constitute the entire
agreement and understanding of the parties with respect to the subject matter hereof, and may
only be amended or terminated by written instrument filed of record in the Offi ' I ublic
Records of Real Property of Williamson County, Texas evidencing the agreement the
parties then owning fee title to RR INVESTORS TRACT and TOP TRACT, i1 t e
mortgagees then holding mortgages on RR INVESTORS TRACT or TOP TRACT.
10. Neither party shall be deemed under this Agreement to be a part w' e other
party or to be engaged in a joint venture or any other relationship with the r in the
conduct of the other party's business, nor shall either party be responsible for e incurred,
actions taken, or omissions made by the other party.
11. This Agreement may be executed in any number of c nt art , ach of which,
when executed and delivered, shall be an original, but all counte s s ogether constitute
one and the same instrument.
12. The provisions hereof shall be binding upon the artie e and their respective
heirs, personal representatives, successors and assigns, as aapr ' to nd shall be deemed to be
covenants that run with RR INVESTORS TRACT and T .
13. All exhibits attached hereto and referre ein are incorporated in this
Agreement as though fully set forth in the body here
14. Time is of the essence in the pe rm e of 1 obligations under this Agreement.
15. Each owner shall operate d mai t 'n a 1 of the areas owned by said owner,
which are subject to the RR INVEST TRAC Access Easement and the TOP TRACT
Access Easement, as applicable, in good co i ' n, sonable wear and tear excepted.
16. Each owner shall p r cause to e paid, prior to any penalty attaching thereto,
all real estate taxes and assessments ' sed upon the land and improvements located on its
respective tract.
17. Each owner4all t epair and rebuild, and, if applicable, restore, the areas
on such owner's tract which u o the RR INVESTORS TRACT Access Easement and
the TOP TRACT Access m , as applicable, in the event of casualty, and, to the extent
possible,in the eve t of c dem tion or eminent domain.
IN WITN S ,the parties hereto have executed this Agreement as of the date
and year first itt
RR INVESTORS TRACT OWNER:
5.95 RR INVESTORS, LLC, A Texas Limited Liability
Company
BY:
NAME:
TITLE: Cn
-4-
TOP TRACT OWNERS:
TOP FAMIL LC
BY:
NAME: Off A K G E L
TITLE: �'eS�Je�
STATE OF TEXAS §
COUNTY OF 4
&\(V\:s §
The foregoing instrument was acknowledged before the day of
20123 by tAnoLn , of 5.95 RR
INVESTORS, LLC, A Texas Limited Liability Comp , on half o aid company in the
capacity therein stated.
is
LUPE MENDES otary lic and for
NOTARY PUBLICxas
STATE OF TIXAS Printe ame:
MY COMM.EXP.9/28/2012
43330000-3 y Co fission Expi s: ;L
STATE OF TEXAS §
COUNTY OF §
The foregoing instru w s owledged before me on the day of �
20129 b �C� ��A-D Pr2�'u.,�-�'4— of TOP
FAMILY, LLC, Aexa imit Liability Company, on behalf of said company in the capacity
therein stated.
Notary Publi and for
% M The State of Texas kjr-_�
� T
��ION EXPIRES Printed Name:l�, g r�s,2ota My Commission Expires: le,�ftea/
NOM STAR Tnu COMPANY
4910 aaooMa RD Sao
HousroN,rx 770s2
-5-
PROPERTY DESCRIPTION
0.992 AC: OUT OF 5.959 AC.'
fa'. al 11..E SbLi.2w ,�_ ��•tg terve
1 ........-.� _ _ IQT�� /.a M.arty.N aws A..*—*AT
"ter�• _ ir:•es sqr/y 4a 13 s _•lF+:/
• aAi:r lrCte+ nrcnwn er k ISO" g�('�Ktitii/;
e
; r
r
�' •F LJ
Z1 1 Ve
Li
a /it -i [n
r -r+ r•
Ayr
W . rr••.-..
tiDo 47
II• 11W w 5� n V.1 byC �/., :/..I.,a �.1. }...:..=w 7�•.!
�+..a..y.• •,!.11,x,+..•ti1a}
de+t�4
_ :�r+iel$ $au�e�arc ►, R-u-W ►►a��es j xl 71 i.r
!vt r•gn1�.+,-spy l0 vat-,
•~ - �.�...-y..l�•t : ..int-4t-xu; L] _ 101
"`�•
FIE L OTES FOR 0.992 ACRES
tet►.P
All that cc) or I nd situated in the Willi Donohr. Survey. A.1721 in
williaM5 un ,Te-as mg a part of a 5.555 acre tfact of land conveyed to RR
Investo s, LC in Doc M nt No.2008080549 sof ilia Official Put)lic Records►at L+iiillianison
Coun xas and bei tore particularly describes by metes and uocitlucl;as 101lo s.
' BEGIN all aluminum capped iron pin found on the West fine nt
►. l County Ro #122 (Red Bud Lane). in the Soulleast corner nl";•-)t W79 in
#` Block F of Settlers Cron/stng Sectton 3 ass recorded to t,:abtnet
5 of the Plat Records of Williamson Cousity. Texas. for II* r-joillv-a::i
rs r of the above mentioned 5.959 acre tract and the Noillie:ist corner
....;,*,.. }/ of t tract.
O ENCS S 05'53'58"W with theWest line of County Roaf�
d 1r2 240-66
► ": — f i
r r.�►,�----�-- feet to an iron pin found in a angle point of the said 5.959 acr��tia�:t tur +��
angle point of tNs tract.
THENCE S 45"03613'W 58.46 feet to an iron pin set on the 1-4-1rth line of
O Old Settlers Souleward for the most Southerly Southensi corner of this
tract.
THENCE N 87"12`1Y W with the North line of Old Settlers Boule:-a-rd
100.47 feel to an Won pin slit for tho Southwest cornor of this tV3Ct.
!
THENCE N 02a4714;'W ?75 64 feet to an iron pin set on the 5oulh lin(-
of Lot 13 in Block F of die above mentioned Settlers Crossing Soction 3 '
For the Northwest corner of this tract.
THENCE N 86'44'32•' E -nth this South Cine of the ODD--,'L- rneritione�u
Seclton 3 180.22 feet tc►the POINT OF BEG11,11 lit-G coritaming 0 9 L l
acre,of land.mare or les:
Phase I
IRE C0RDE�S MEMORANDUM
All or pacts of the text on this page was not
clearly legible for satisfactory recordation.
r
AUSTIN SURVEYORS y
P.O.$OAC to
AUSM,TES 79718 �
2105 JUSM 1 A,NE#103
454,9M
Acoompanini t to sketch 1764ease
EXMIT" r
PACE 1 OF 3
�LI3 NOTES FOR 0.258 ACRES
All that certain tract or parcel of land situated in the Willis Donoho Su ,A- , in Williamson
County,Texas and being a part of a 5.959 acre tract of land conveyed RR Investors,EEC
by deed recorded as Document No. 2048080549 'a the Official R rds of Williamson
County,Texas and being more particularly described by metes an follows:
BES C at a point on the North rigbt-of-wa ane o Settlers Boulevard
for the Southeast corner of this tact from which ' t iron pin found in the
Southeast corner of the above mentioned S. ct bears N 87012'13" E
87.96 feet.
THENCE S 87"1213"'W with th orth l f Old Settlers Boulevard at 12.50
feet pass the Southwest corner o ropo Lot 1 of Whiney Tract Phase 1
and continue for a total of 42.98 feet mer.
`THENCE N 02047'47'W 18. t to an ell corner of this tract.
THENCE S 87012'1 ''w 7 to an ell mer of this tract.
THENCE S 02047'4 " eet to a point on the North line of Old Settlers
Boulevard for an a orn o is tract.
THENCE with the North tine of Old Settlers Boulevard 58.94
feet to S rner of this tract.
THENC °47 47" w 47.50 feet to the most westerly Northwest corner of
this ,
7012'13"" E 199.62 feet to the PC of a curve to the left said curve
ius of 24.00 feet and a central angle of 90'00'.
CE with the are of the said curve 37.74 feet the long chord of which bears
42012'13"E 33.94 feet to the PT of the said curve,
CE N 02047'47" w 50.22 feet to the most Northerly Northwest corner of
this tract.
T EI CE N 870 12"13"E 26.00 feet to the Northeast corner of this tract.
0.258_ACitPS� BXElZ$IT "A" PAGE 2 OF 3
i
THENCE S 02p47'4Z" E 1,21.71 feet to the POINT OF BEGRqNING containing
0.258 acres of la idy 4no�'e' or less.
I, Claude F. Hinkle, Jr. , a Registered Profesaio -nd Surveyor, do hereby certify that these
field notes were compiled from public reco ds_ancl,calculaYions made by me and are correct to the
best of my knowledae �tYte
and belief. This isnot an on -gourds e No mon en were
OF
T��Q
Claude F* e,, Jr.
RwPwL,, Na:46'��.
z CLAUDE F HINKLE J,R,
4629 P,� 0 ; 2 d 2012
Date I?S
R\10 Austin Surveyors 2012
•
Sketch � accompanytnoes or acre raof
in
an Donaho. Survey,,
in WilliamsonCounty,, Texas
., ,.r%r,r% r- ► ., N 8r '�3"E
I,i�,r'• r1 11 I.0t1 aA 1-;I %A
► � 1 � r`
rti i f
rti rti 4 a i Ir z 2 00 4 1 1A L, L
1 1 •
1 1 6-01 rr I111 1 r 1
1 1 ILA..
30
N(,?f Y► 01 161 0%LJ r1 T 1
rti rt rti rt •
%A r
R= 24.00 G r1 ri r%
D= 90*00' 1.
A= 37.70'
Ch= 33.94; m
N4Z 12'1 YE
N 8T 12'13'*E 199.152 N
z
0.258 Ac-
C� N
F
o
-3 c� S �T 12'13 X7.70 v I
-b - --� 030-48 87.98
� 4 N ,3�. i 13 YE
58.94' o S 87'12'13 42.98 N 87"12
S 8T 12'1 3"W
E Old Settlers B va rdvaries).�.� varies)
----------
LINE TABLE
T1 N 02.47'47" w 18.00*
T2 S 02"47'47" E 18.00'
Exhibit "9'
Sheet 3 of 3 Flold notes 111.1 od
bearing basis grid North
SALE 1" � �0' DWwrwd .
Job No.: Dm akl
Note: EftQr2012 Chocked
f
LE�`�E N D
0 Iron Pin Set
! Iron Pin Found
AUS.TIM SURVEYORS
2105 Justin.Lane .. 1 Q3
Austin, xe=�►a 78751@Austin Surveyors 212
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2012015610
03/05/2012 10:59 RM
[PHELPS $52.00
NANCY E. RISTER, COUNTY CLERK
WILL IAMSON COUNTY, TEXAS
j
� I
Imo/
I �
to �17r+w�t- 5t
5�,..ac. 700
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LEGEND
I ••••••••••••••• GAS TANK (SUE QLB)
GAS LID
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EXXO I�I V I +� SUE SERVICES IN ACCORDANCE
i WITH ASCE/UESI/CI 38-22.
I LOCATION OF UNDERGROUND
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D PROPOSED DRIVEWAY WIDENIN m,P
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0 0 0 0 1, a 00 DATE: 7/27/2023
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LU I I� NOT TO BE USED FOR CONSTRUCTION,
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(TO REMAIN) GAS TANK MACHINEIR pip, is
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