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R-00-01-27-13A3 - 1/27/2000Date: Grantor: TEXAS RAINBOW COMPANY Grantor's Mailing Address (including county): TEXAS RAINBOW COMPANY c/o GHASSAN KOZAH, President 5815 SAND SHELL COURT DALLAS, TEXAS 75252 DALLAS COUNTY Grantee: CITY OF ROUND ROCK Grantee's Mailing Address (including county): CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 WILLIAMSON COUNTY WARRANTY DEED CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): 1.785 acre tract of land located in the JOSEPH MARSHALL SURVEY, A -409, in Williamson County, Texas, and being a portion of that called 44.96 acre tract of land described in the Deed to Texas Rainbow Company as recorded in Volume 1095, Page 752 of the Official Records of Williamson County, Texas; said 1.785 acre tract of land being more particularly described by metes and bounds in Exhibit "A ", attached hereto and incorporated herein for all purposes. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: All presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; and taxes for the current year, the payment of which Grantee assumes. - Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns WARRANTY DEED — PAGE 1 WDCRAINBc: \wP000S\ACrry\nwy79\wocpp.Imn. weo/ cdc 62 ■ 1 Vi ja .‘ 7 /64;1- 1;1- Qlka / . U3. against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under, but not otherwise. When the context requires, singular nouns and pronouns include the plural. ACKNOWLEDGMENT STATE OF TEXAS § 3 CD LA- 11\3 § COUNTY OF 1- AmsoTT § PREPARED IN THE OFFICE OF: WARRANTY DEED - PAGE 2 WDCRAINBc: \ WPUOCS \ACITY \h q79 wrocnnrNB.wec / c do TEXAS RA -NB B COMPANY SSAN KOZAH, Pre-iden This instrument was acknowledged before me on the day of /✓ �n I /li , 2000, by GHASSAN KOZAH, President of TEXAS RAINBOW COMPANY, on behalf of said company. Notary Public, State Brown McCarroll Sheets & Crossfield, L.L.P. 309. E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 ' BRENDA SUE SIMER Notary Public STATE OF TEXAS RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT County: Williamson Parcel No.: 5 Highway: U.S. Highway 79 Limits: From: County Road 195 To: Approximately 1000 feet east of County Road 110 CSJ: 0204 -01 -050 FIELD NOTE DESCRIPTION FOR PARCEL 5 DESCRIPTION OF A 1.785 ACRE TRACT OF LAND LOCATED iN TnE JOSEPH MARSHAL: SUR'. EY A-409. IN WILLIAMSON COUNTY. TEXAS, AND BEING A PORTION OF THAT CALLED 44.56 ACRE TRACT OF LANO DESCRIBED IN THE DEED TO TEXAS RAINBOW COMPANY AS P.ECORDCD IN VOLUME 1095. PAGE 752 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS SAID 1.785 ACRE TRACT. AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC FOR THIS PARCEL. BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING at a V.-inch iron rod with a Texas Oepartmert of Transportation (Tx00T) aluminum cap set ;43.49 feet left of Survey Baseline 'G' station 287423.92, beino a point on the wear In of said 44 96 ac•e trace also being a point in the east line of that called 201.992 acre tract of rand described in ;he deed tc Continental Homes of Texas. L.P., as recorded in Document Numoer 9906540 of the Official Reconis 01 Williamson County. Texas. and being the northwest comer and POINT OF BEGINNING of the tract descrrced herein, from which a 1 14 -inch iron rod found for the northwest comer of said 44.96 acre tract bears N 02'21'01" W. a distance of 2228.52 feet; 1) THENCE crossing said 44.96 acre tract with the arc of a curve to the right, passing at a distance of 279.76 feet a Type II TXDOT monument set 143.45 feet left of Survey Baseline 'G station - 290 - 00.00, and continuing a total distance of 948.62 feet through a central angle of 04'46'04 ". having a of 11400.00 feet, and a chord which bears N 7018'51" E. a distance of 948.35 feet to a TxDOT Type II Monument set 144.21 feel left of Survey Baseline 'G' station 296760.35 for the 4northeast comer of the tract described henelri, same being a point in the existing north right-of-way Fne 5t U.S: Highway No: 79,and being a'noeit in thereat tire of that called 0.11 ; acre tract of land -desar bed i ~tile deed io the State of .etas as reccrded io yorume 30=. Page 92 of the Deed Records of :Widiainson zCotihty.1e"xx3s fr i /: iiich'iron ''iod'vnth''e e.as ,Departrvent cf; __ _Tfansportation ( TxDOT) ,aivminum F • xaset for the north cornet ar sard 0 111 acre act bears' N 30 02'35 E 'ra distance of .1 tad ( r�� 2) THENCE with the existing north frghtvf- wa}�ne o U.S Hrgnivay hc.79 and the west line of said • 0.111 acre tract, S 35'02'35'.W,:a distance _of -14443 feet to a�calcUlaied pbint fc: the southeast comer of this tract, same' beu- g'a'polnl iiiihhe south line of is a '44.96 ace tract, from which a bmkea •TxDOT Type f monument found bears S 35'A2'35' -W; a distacce of 2 2 feet: • EXHIBIT "A Pats 1 of 3 Fr' 2.4tC..m'G - 5E55 saga Sir ZTSS7. SS:el 66 RECORDERS MEMORANDUM All or parts of the text on this page was -not clearly legible for satisfactory recordation Paye 2 of 2 3) THENCE departing (he west tine of said 0.111 acre tract. wan the south line of SUC 44 26 acre vac and continuing with the existing north right -o( -way line of US Highway No 79 with toe arc of a curve to the left a distance of 857.52 feel through a cenual angle of 04'32'45 - , Having a radius of 10208.21 feet, and a chord which bears 5 70'08'12" W. a distance of 857.30 feet to a calculated point in the west lire of said 4-4.96 acre tract. same being a point in the east line of said 201.952 a ^re tr,- from which a % -inch Iron rod found bears S 10'54'47' E, a distance of 4 05 feet: 4) THENCE departing (ne exis(irg nee.h right-of-way line cr Li 5. Highway No 79 a:tr (rte wes: hce cf said 44.55 acre tract and the east tine of said 2G 952 acre tr_ , N 02'21'01 V.I a d :stance of 41.24 feet. and continuing a Iola: d stance of 90.15 feet to the POINT OF EEGINNING ano costa ::ire; 1.785 acres of and more or fess. All bearings are based on the Texas State Plane Coordinate System Centrai Zone. NA063 1.33) THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: Tna( I, Robert J. Roy. a Registered Professional Land Surveyor, do nereo certify that we above description is true and correct to the best cr my know:edge and ce'ief aria Ina: tee prope y oESCr.oed rte:ein was determined by a survey made on the grouno under my oirec : icr•. and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this Inc Sin day of Acgust. 1999 A.D. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 FN 13O IC.JWG Robert J Ro Registered Pro(essror(al Land Surveyor No. 5159 - State of Texas 1,C;ORDERS MEMORANDUM , di or parts of the text on this page was not leady Legible for satisfactory recordation. 58304 •23 TT: r. 9,IA !°n "",Erg f £LL) OFFICIAL PUBLIC RECORDS 05 -01 -2000 10:08 AM 2000026606 JOHNSTON $17.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY, TEXAS RESOLUTION NO. R- 00- 01- 27 -13A3 WHEREAS,on October 28, 1999 the City of Round Rock filed a condemnation proceeding against the Texas Rainbow Company for additional right -of -way needed for the widening of Highway 79, and WHEREAS, a tentative settlement agreement has been reached in the proceeding, and WHEREAS, the City Council desires to execute an Agreed Judgment in connection with the condemnation proceeding, and a Real Estate Purchase Contract for the purchase of the right -of -way, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreed Judgment in connection with the condemnation proceeding against Texas Rainbow Company for additional right -of -way needed for the widening of Highway 79, and a Real Estate Purchase Contract for the purchase of said right -of- way, a copy of said Agreed Judgment and Real Estate Purchase Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered K:\ WPDOCS \AESOLUTI \R00127A3.WPD /sc and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of January, 2000. ATTEST: E LAND, City Secretary 2. RO RT A. STLUKA, J , Mayor City of Round Rock, Texas DATE: January 21, 2000 SUBJECT: City Council Meeting — January 27, 2000 ITEM: 13.A. 3. Consider a resolution authorizing the Mayor to execute an Agreed Judgment and a Real Estate Purchase Contract regarding the acquisition of a 1.785 -acre tract of land from the Texas Rainbow Company for the improvement of U.S. Hwy. 79. In October 28, 1999, the City filed a condemnation proceeding against the Texas Rainbow Company for additional right -of -way needed for the widening of U.S. Hwy. 79. The case was set to be heard before the Condemnation Special Commissioners last Wednesday, January 19, 2000, but a tentative settlement agreement was reached. This resolution will authorize the Mayor to execute both the Agreed Judgment and the contract for the purchase of the right -of -way. Staff recommends adoption of the resolution. Staff Resource Person: Jim Nuse, Public Works Director.