R-00-08-28-3A2 - 8/28/2000RESOLUTION NO. R- 00- 08- 28 -3A2
WHEREAS, the City desires to purchase a 0.203 acre tract of land
for additional right -of -way for SH 45, and
WHEREAS, 35/45 Investors, L.P., the owner of the property, has
agreed to sell said property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with 35/45 Investors, L.P.,
for the purchase of the above described property, a copy of said Real
Estate 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 and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 28th day of August, 2000.
ATTEST:
LAND, City Secretary
K \ NPDOCS \RESOLVPI \R00028A2.XP0 /sc
RO:ERT A. STLUKA,, Mayor
City of Round Rock, Texas
State of Texas
County of Williamson
THIS CONTRACT OF SALE ( "Contract ") is made by and between 35/45
INVESTORS, L.P. a Texas limited partnership (referred to in this Contract
as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221
E. Main St. Round Rock, Williamson County, Texas (referred to in this
Contract as "Purchaser "), upon the terms and conditions set forth in this
Contract.
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, the three parcels of land containing
approximately 0.203 acres of land (8,842 square feet) situated in
Williamson County, Texas, being more particularly described as follows:
1) Parcel #75:
particularly described
incorporated herein;
2) Parcel #76: 0.172 acre tract, (7,492
particularly described in Exhibit E,
incorporated herein; and
3) Parcel 477:
particularly
incorporated
C. \HPDOCS \ACITY \SH 45 \Larron[era \35_45 \K -final wpd /e1e
REAL ESTATE CONTRACT
ARTICLE I
PURCHASE AND SALE
0.022 acre tract, (958 square feet) as more
in Exhibit D, attached hereto and
square feet) as more
attached hereto and
0.009 acre tract (392 square feet) as more
described in Exhibit F, attached hereto and
herein;
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights -of -way (all of such real property,
rights, and appurtenances being referred to in this Contract as the
"Property "), together with any improvements, fixtures, and personal
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
1
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Sixty -
Five Thousand, Six Hundred Ninety -six and 06/100 Dollars ($65,696.06.)
The purchase price is based on a price of $7.43 times the number of
square feet of the Property ( 8,842 square feet.)
Notwithstanding the foregoing, if the number of square feet is
adjusted up or down prior to the closing date due to redesign of SH 45
by the Texas Department of Transportation, the purchase price is to be
increased or reduced by the product of $7.43 times the number of square
feet of the Property more or less than 8,842.
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction 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).
Preliminary Title Commitment
3.02. Within thirty (30) days after the date hereof, Seller, at
Purchaser's sole cost and expense, shall have caused Austin Title Company
(the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round
Rock, Texas 78664, to issue a preliminary title report (the "Title
Commitment ") accompanied by copies of all recorded documents relating to
easements, rights -of -way, etc., affecting the Property. Purchaser shall
give Seller written notice on or before the expiration of twenty (20)
days after Purchaser receives the Title Commitment that the condition of
title as set forth in the title binder is or is not satisfactory, and in
the event Purchaser states that the condition is not satisfactory, Seller
shall promptly undertake to eliminate or modify all unacceptable matters
to the reasonable satisfaction of Purchaser. In the event Seller is
unable to do so within ten (10) days after receipt of written notice,
this Contract shall thereupon be null and void for all purposes and the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice shall
be deemed to be Purchaser's acceptance of the Title Commitment.
2
ARTICLE IV
CLOSING
The closing shall be held at the offices of Brown McCarroll Sheets
& Crossfield, 309 E. Main St, Round Rock, Texas, as set forth below, or
at such time, date, and place as Seller and Purchaser may agree upon
(which date is herein referred to as the "closing date ").
The parties hereto acknowledge that the Purchaser is applying for
a loan from the State Infrastructure Bank (SIB) to finance the purchase
of the Property. The SIB gave approval of the loan on July 27, 2000. Upon
final approval of the loan documents, it is anticipated that loan funds
will be available approximately thirty (30) days thereafter. The parties
hereto also acknowledge that in the event the SIB loan documents are not
approved, the Purchaser will need reasonable time to obtain traditional
municipal bond financing, which could take up to 90 days after the
process is begun. Therefore, the parties agree that the closing date will
be whenever the SIB loan funds are available to the Purchaser, or
whenever municipal bond funds are available to the Purchaser, or on
December 1, 2000, whichever first occurs.
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special
Warranty Deed conveying good and marketable title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
The aforesaid Special Warranty Deed will include provisions that (1) it
is being delivered in lieu of condemnation, and (2) Seller has made no
representations or warranties concerning the Property and that Purchaser
is purchasing the Property AS IS.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,.
3
insuring Purchaser's fee simple title to the Property subject
only to those title exceptions listed above, 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.
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
4.03 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. All special taxes or
assessments to the closing date shall be paid by Seller. Purchaser will
bear the burden of paying any rollback taxes, if any, resulting from a
change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to the
4
Title Company, the sum of One Hundred Dollars ($100.00), the Escrow
Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At
the closing, the Escrow Deposit shall be paid over to Seller and applied
to the cash portion of the purchase price, provided, however, that in the
event the Purchaser shall have given written notice to the Title Company
that one or more of the conditions to its obligations set forth in
Article III have not been met, or, in the opinion of Purchaser, cannot
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchaser's default, Purchaser may, as
its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract; or (2) request that the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser's obligations set forth in Article
III having been satisfied and Purchaser being in default and Seller not
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit 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.
ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
Survival of Covenants
5
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
Notice
(c) Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified mail, return receipt requested, addressed to Seller or
Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) 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
(e) 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
(f) 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
(g) 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
6
(h) Time is of the essence in this Contract.
Gender
(i) 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
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor's
signature below.
Driveway Curb Cuts
(1) Seller has presented to Purchaser a request for approval of
various curb cuts that will allow driveway access to the Property from
other lands owned by Seller (the "Driveway Curb Cuts "). Purchaser has
agreed to permit the Driveway Curb Cuts as submitted by Seller.
Purchaser further agrees to support Seller in Seller's requests to the
Texas Turnpike Authority and the Texas Department of Transportation for
approval of the Driveway Curb Cuts.
SELLER:
35/45 INVESTORS, L.P.
By: 35/45 Genpar, .L.C., General Partner
By: ....///
William S./7 malls g, Manager
Date: / O
7
PURCHASER:
CITY • UND ROCK,/ ERAS
BY
rt S luka, 3 ., Mayor
221 E. Main Street
Round Rock, Texas 78664
Date: d',2b'0O
8
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBITA Page 1 of? Pages
Property Description for Parcel 75
11
EXHIBIT
D
1
Being all that certain 0.022 of one acre (958 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 3, Block F of the La
Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the
Williamson County Plat Records (W.C.P.R.). Said 0.022 of one acre tract being more
particularly described by metes and bounds as follows with all bearings and coordinates based on
the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a
surface adjustment factor of 1.00012:
BEGINNING at a %2 -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,131,087.01, Y= 10,149,497.97) set at 267.78 feet left of and perpendicular
to State Highway 45 (SH 45) Baseline Station 519 +77.80, being in the proposed northerly right -
of -way line of said SH 45, being in the existing easterly right -of -way line of La Frontera
Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision,
same being in the westerly line of said Lot 3;
1. THENCE, South 50 °53'41" East, crossing said Lot 3 and along the proposed northerly right -
of -way line of said SH 45, a distance of 64.03 feet to a V2 -inch iron rod with TxDOT
aluminum cap set at 217.67 feet left of and perpendicular to SH 45 Baseline Station
520 +17.65, and being in the southerly line of said Lot 3;
2. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 3, a
distance of 25.00 feet to a ''A -inch iron rod with TxDOT aluminum cap set for the beginning
of a tangent cut -back curve to the right;
3. THENCE, an arc distance of 23.56 feet along said cut -back curve to the right, with a Radius
of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of North 57 °14'05"
West, 21.21 feet (L= 23.56', R= 15.00', Delta =90 °00'00 ", CH =North 54 °45'08" West, 21.21')
to a ',cinch iron rod with TxDOT aluminum cap set for the point of tangency, being in the
easterly right -of -way line of said La Frontera Boulevard and the westerly line of said Lot 3;
Z:\ 4175681PARCELS \ FINALS Vvt &B's\PAR75.doc
4. THENCE, North 12 °14'05" West (N 09 °45'08" W), along said easterly right -of -way line of
La Frontera Boulevard and the westerly line of said Lot 3, a distance of 35.00 feet to the
POINT OF BEGINNING and containing a computed area of 0.022 of one acre (958 square
feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Tumer Collie and Braden, Inc.
JayDean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 13, 2000
EXHIBIT A Page '- of? Pages
,i,/7-°
Z:\417568 \PARCELSWINALS \M&B's\ PAR75.doc
/KITES:
WHOLE PROPERTY
INSET
NOT TO SCALE
1N09.45'011'8I
102.14'05'W
35.00;
11- 23.56'1
10=15.00'1
16050
IC#154
121.21'1
1=23.56'
R.15.00'
.050.00'00'
CW57. 14'05'1/
21.21'
1. BEARINGS ARO COORDINATES ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. NAO 83. CENTRAL ZONE Alp ADJUSTED TO
SURFACE USING AN AOJUSTIENT FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORAEO 71TNOIT THE BENEFIT OF A
COMMITIENT FOR TITLE INSURANCE AND WY NOT INCLUDE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION SHOWN ON THIS PLAT 15 BASED 01 PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3. P.U.E. INDICATES PUBLIC UTILITY EASEMENT.
4. W.C.P.R. INDICATES WILLIAM50N COUNTY PLAT RECORDS
O.R.N.C.T. INDICATES OFFICIAL RECORDS OF WILL1A160N
COUNTY. TE8AS.
6. THIS PLAT 15 ACC01A•ANIED BY A SEPARATE NETES AN0 BOUNDS
DESCRIPTION.
7. THE PROPOSED BASELINE 500071 HEREON IS PER A DESIGN
TIC FILE PRO AY R. COLLIE Alp BRADEN. INC.
I0 DATE: 9 "/7• GD
JA DEAN CANINE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 4345
JACOB M. HARRELL
SURVEY, A -284
J
• P.O.B. PARCEL 75
x- 3.131.007.01
• Y =10.149.497.97
6. 5..7 7.80
,267.08' Ll. .
PROPOSED R.O.W.
5.11. 45
•
r SIGN EASEMENT
CABINET S. \
« 5LIDE5 69-76 \
• W.C.P.R. •
STA. 520417.65
211.61 LT. •..
PROPOSED R.O.W.S:H..
1580• I4' S2'W I
577.45'55'14
25.00'
LOT 5. BLOCK F
6.17 ACRES
LA FRONTERA
SECTION 1115
CABINET S
SLIDES 69 -76
RESERVED FOR FUTURE
RIGHT -OF -WAY. BUT NOT
DEDICATED BY THIS PLAT
R S.H. 45
520400
SURE. _E0END
• 4 FOUND T0DOT BRASS 015K IN CONCRETE
❑ e SET 00000 BRASS 0156 IN CONCRETE
o - SET ,.2 IRON R00 8/00001 ALO1. CAP
• • FOUND 1 .j IRON R05 UNLESS OTHERWISE NOTED
FOUND 4' W A CONCRETE MONUMENT
A - CALCULATED POINT
R e PROPERTY LINE
8- - BASELINE
iSt - UTILITY POLE
LA FRONTERA
SECTION 1110
CABINET 5. SLIDES 69 -76
LOT 3
BLOCK F
2.07 ACRES
- 15' P.U.C.
r CABINET 5. SLIDES 69 -76
5.H.45
PARCEL PLAT
FOR PARCEL 75
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
35/45 INVESTORS. L.P.
227.8382 ACRES
-DOC. .09848753
CURVE DATA
L 1.230.95'
R 9.657.80'
D 8122
C0 1.230. 'S1'E
CD 1.230.10'
PC 521428.36
PT 527+44.61
PI 3. 1H4.6B
x 30.149.40.51
Y 10.149.401.09
4UOLE
PROPERTY
AREA
ACOIIREO
8EMA110ER
LEFT
90.343
958
89.305
SURVCON INC
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -939(
EMAIL: austinesurvcon.com
SCALE: 1" = 50' JOB #: 417 - 658
DATE: APRIL 2000
D RAWN BY: JKB
C HECKED BY: WJM
F.B. #: SH 45
ACREAGE
SUMMARY
150.FT.1
CAD FILE: por75
EXHIBIT A Page! of Z Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 76
l�
EXHIBIT
E
i
Being all that certain 0.172 of one acre (7,492 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 1, Block K of the La
Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 through 68 of the Williamson
County Plat Records (W.C.P.R.). Said 0.172 of one acre tract being more particularly described
by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
BEGINNING at a 'A-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,131,129.69, Y= 10,149,003.76) set at 224.07 feet right of and perpendicular
to State Highway 45 (SH 45) Baseline Station 519 +13.38, being in the proposed southerly right -
of -way line of SH 45, also being in the westerly line of said Lot 1, and being in the easterly right -
of -way line of La Frontera Boulevard (100 foot wide) as dedicated per the plat of La Frontera
Section IIIB Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.), said point
being the beginning of curve to the right;
1. THENCE, an arc distance of 8.69 feet along the westerly line of said Lot 1, the easterly right -
of -way line of said La Frontera Boulevard and along said curve to the right, with a Radius of
250.00 feet, a Delta Angle of 01 °59'32 ", a Chord Bearing and Distance of North 02 °51'49"
East, 8.69 feet to a Y2 -inch iron rod with TxDOT aluminum cap set for the point of reverse
curvature;
2. THENCE, an arc distance of 23.18 feet, continuing along the westerly line of said Lot 1, the
easterly right -of -way line of said La Frontera Boulevard and along a curve to the left, with a
Radius of 1,550.00 feet, a Delta Angle of 00 °51'25 ", a Chord Bearing and Distance of North
03 °25'57" East, 23.18 feet (L= 23.18', R= 1,550.00', Delta =00 °51'25 ", CH =North 05 °54'50"
East, 23.18') to a Y2 -inch iron rod with TxDOT aluminum cap set for the beginning of a cut-
back curve to the right;
3. THENCE, an arc distance of 19.57 feet, along said cut - back curve to the right, with a Radius
of 15.00 feet, a Delta Angle of 74 °45'45 ", a Chord Bearing and Distance of North 40°23'02"
East, 18.21 feet (L= 19.57', R= 15.00', Delta =74 °45'44 ", CH =North 42 °52'00" East, 18.21') to
a 1/2-inch iron rod with TxDOT aluminum cap set for the point of tangency and being in the
northerly line of said Lot 1 and the southerly line of Lot 5, Block F of said La Frontera
Section IIIB Subdivision;
Z:\ 417658 \PARCELS \FINALS\M &B's \PAR76.doc
4. THENCE, North 77 °45'55" East (N 80 °14'52" E), along the northerly line of said Lot 1 and
the southerly line of said Lot 5, a distance of 429.06 feet to a 1/2-inch iron rod with TxDOT
aluminum cap set for the northeast corner of said Lot 1 and being in the northwesterly right -
of -way line of F.M. 1325 (120 foot wide), said point being the beginning of a curve to the
left;
5. THENCE, an arc distance of 43.01 feet along the easterly line of said Lot 1, the
northwesterly right -of -way line of F.M. 1325 and said curve to the left, with a Radius of
1,014.93 feet, a Delta Angle of 02 °25'40 ", a Chord Bearing and Distance of South 52 °05'35"
West, 43.00 feet to a / -inch iron rod with TxDOT aluminum cap set at 200.00 feet right of
and perpendicular to SH 45 Baseline Station 523 +30.99, said point being the beginning of a
curve to the left and being in the proposed southerly right -of -way line of said SH 45;
THENCE, crossing said Lot 1 and along the proposed southerly right -of -way line of said SH 45,
the following three courses:
6. An arc distance of 198.38 feet along said curve to the left, with a Radius of 9,367.80 feet,
a Delta Angle of 01 °12'48 ", a Chord Bearing and Distance of South 78 °12'31" West,
198.38 feet to a TxDOT brass disk in concrete set at 200.00 feet right of and
perpendicular to SH 45 Baseline Station 521 +28.36 and being the point of tangency;
7. South 77 °36'07" West, a distance of 198.21 feet to a 1/2-inch iron rod with TxDOT
aluminum cap set for an angle point;
• 8. South 22 °28'29" West, a distance of 29.33 feet to the POINT OF BEGINNING and
containing a computed area of 0.172 of one acre (7,492 square feet) of land, more or Less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 17, 2000
EXHIBIT A Page? of 2 Pages
Z:k 117658 \PARCELS\F[NALS\M &B's\PAR76.doc
CURVE
DELTA
RADIUS
CHORD DIRECTION
CHORD LENGTH
ARC LENGTH
CI
01.59'32'
250.00'
002.51'49'E
8.69'
8.69'
(2
(00'SI'25'1
00'5l'25'
(1.550.00'1
1.550.00'
IN05.54'S0'E1
ND3'25'S7'E
123.10'1
23.16'
(23.18'1
23.16'
C3
(34.45'44'1
14.45'45'
(15.00'1
15.00'
IN42'S2'00'E1
640.23'O2'(
118.21'1
18.21'
119.51'1
19.57'
NOTES:
A
WHOLE PROPERTY
INSET
NOT TO SCALE
P.D.B. PARCEL 76
X.3.131.129.69
Y=10.149.003.76
@
STA. 519413.38
224.07' RT.
X77.36'07 "E
¢ 1
W
y
m i9
3 Y
4 ya.
k11,)
. (
y 3
4 W
2 •w•
U
C2
C1--
STA. 519430.15
200.00 RT.
LOT 1. BLOCK K
S22'213'29'0 1.42 ACRES
29.33' LA FRONTERA
• SECTION IV
CABINET 5. SLIDES 66 -6B
W.C.P.R.
CURVE TABLE
520+00
S.H. 45
LA FRONTERA SECTION IV
0.001 ACRE RIGHT -OF -WAY
DEDICATION
CABINET 5
SLIDES 66 -68
W.C.P.R.
573
198.21'
PROPOSED
R.O.W. S.H. 45
IN00'14'S2'EI
017'45'5S'(
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. HAD 83. CENTRAL ZONE AND ADJUSTED TO
SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012.
2. THIS SURVEY WAS P(00006ED WITHOUT THE BENEFIT OF A
COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION 5H0091 ON THIS PLAT IS BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3. P.U.E. INDICATES PUBLIC UTILITY EASEMENT.
4. O.R.W.C.7. INDICATES OFFICIAL RECORDS 6 WILLIAMSON COUNTY TEXAS
5. I.C.O.R. INDICATES WILLIAMSON COUNTY DEED RECORDS
6. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
T. THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS
DESCRIPTION.
0. THE PROPOSED BASELINE SHOWN HEREON 15 PER A DESIGN
SCHEMATIC FILE PROM BY.TU • COLLIE AND BRADEN. INC.
DATE, �f- /7 470
JAY . AN CANINE
REGISTERED PROFESSIONAL LANG SURVEYOR
TEXAS REGISTRATION N0. 4345
•
0
•
B
JACOB M. HARRELL
SURVEY. A-284
SURVEY LEGEND
• FOUND TXDOT BRASS DISK IN CONCRETE
• SET 10801 BRASS RISK IN CONCRETE
. SET '.f IRON R00 6/1000T ALUM. CAP
= FOUND 1 .i IRON R00 UNLESS OTHERWISE NOTED
= FOUND 4' z 4' CONCRETE MONUMENT
= CALCULATED POINT
• PROPERTY LIRE
= BASELINE
- UTILITY POLE
35/45 INVESTORS. L.P.
227.8382 ACRES 1
DOC. 09040753 1
O.R.W.C.T.
15' P.O.E. "
5l BINET 5
IBE5 69 -
5• P.u.E.
CABINET 6 5
.IDES 6
SCALE: 1 100'
DATE: APRIL 2000
DRAWN 8Y: JKB
CHECKED BY: WJM
CURVE DATA
L = 1.230.95'
R = 9.567.80'
A . 07'22'10'
CO• S86.18'51'E
CD. 1.230.10'
PC. 521420.36
PT. 533.59.31
PI. 527444.68
% 3.131.093.51
10.149.401.09
.LOT .5. BLOCK F.."
6.17 ACRES'
LA'. FRONTERA
..5ECTION IIIB
'CABINET S
SLIDES 69 -76
W .C.P.R.
RESERVED FOR FUTURE
NIGHT-OF-WAY. BUT NOT
, DEDICATED BY THIS PLAT
• 1.1202015.40'
4.05'20'43'
043..05
43.
STA. 523+30.99
RT :.
00.00 RT.
S.H.45
PARCEL PLAT
FOR PARCEL 76
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
ACREAGE
SUMMARY
ISO.FT.1
WHOLE
PROPERTY
AREA
ACQUIRED
REMAINDER
RIGHT
61.855
7.492
54.363
0 SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390
EMAIL: oustinesurvcon.com
JOB F7: 417 -658
F.B. !f: 5H 45
CAD FILE: Cor76
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT A Page 1 of? Pages
Property Description for Parcel 77
EXHIBIT
E
1
Being all that certain 0.009 of one acre (392 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
conveyed to 35/45 INVESTORS, L.P., recorded in Document Number 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 2, Block G of the La
Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the
Williamson County Plat Records (W.C.P.R.). Said 0.009 of one acre tract being more
particularly described by metes and bounds as follows with all bearings and coordinates based on
the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a
surface adjustment factor of 1.00012:
BEGINNING at a '/a -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,130,992.46, Y= 10,149,462.12) set at 253.07 feet left of and perpendicular
to State Highway 45 (SH 45) Baseline Station 518 +77.75, being in the proposed northerly right -
of -way line of said SH 45, being in the existing westerly right -of -way line of La Frontera
Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and.
being in the easterly line of said Lot 2;
I. THENCE, South 12 °14'05" East (S 09 °45'08" E), along the easterly line of said Lot 2 and the
westerly right -of -way line of said La Frontera Boulevard, a distance of 20.00 feet to a '/2 -inch
iron rod with TxDOT aluminum cap set for the beginning of a tangent cut -back curve to the
right;
2. THENCE, an arc distance of 23.56 feet and along said cut -back curve to the right, with a
Radius of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of South
32 °45'55" West, 21.21 feet (L= 23.56, R= 15.00', Delta =90 °00'00 ", CH =South 35 °14'52"
West, 21.21') to a %2 -inch iron rod with TxDOT aluminum cap set for the point of tangency
and being in the south line of said Lot 2;
3. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 2, a
distance of 10.00 feet to a %2 -inch iron rod with TxDOT aluminum cap set at 218.14 feet left
of and perpendicular to SH 45 Baseline Station 518 +52.66 and being the proposed northerly
right -of -way line of said SH 45;
4. THENCE, North 23 °18'10" East crossing said Lot 2 and along the proposed northerly right -
of -way line of said SH 45, a distance of 43.01 feet to the POINT OF BEGINNING and
containing a computed area of 0.009 of one acre (392 square feet) of land, more or less.
Z:\4 t 7658 \PARCELS \FINALS\M &B's \PAR77.doc
Jay fi ean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 13, 2000
EXHIBIT A Page 2 of 2 - Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Tumer Collie and Braden, Inc.
Z:M 17658 \PARCELS\FINALS\M &B's \PAR77.doc
NOTES:
WHOLE PROPERTY
INSET
NOT TO SCALE
15' P.U.E.
CABINET S. SLIDES 69 -76-1 11
8.C.P.R.
517100
JAY . AN CANINE
RE615TERE0 PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 4345
LA FRONTERA
SECTION 1118
CABINET S. SLIDES 69 -76
35/45 INVESTORS. L.P.
. 227.8382 ACRES
OOC. 449848753
278.57'
N77.45'55 'E
PROPOSED R.O.W. S.H. 45
LOT 2
BLOCK 0
1.40 ACRES
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE
0000DINATE SYSTEM. NAD 83. CENTRAL 2011E AR0 ADJUSTED TO
SURFACE uSING AN ADJUSTMENT FACTOR OF 1.00012.
4. MI5 PLAT IS ACCOMPANIED BY A SEPARATE IIE1E5 AND BOUNDS
OESCRIPTION.
7. THE PROPOSED BASELINE SHOWN HEREON 15 PER A DESIGN
SCHEMATIC FILE PROM Y T COLLIE ANO BRADEN. INC.
DATE: 49- /7- 0 0
JACOB M. HARRELL
SURVEY, A -284
S.1. 518.52.66
218.14 LT.
i
1 SBD•14.52'
ST 1.45'55'
STA. 518.77.65
218.07' LT.
-_ -_ N77_36'07 @ S.H.. 45-\
2. THIS SURVEY WAS PE8FONMEO WITHOUT THE BENEFIT OF A
C0WIl1ENT FOR TITLE INSURANCE 2249 MAY NOT INCLUDE
EASEMENTS AND INFORMATION PERTAINING 70 THIS TRACT.
RECORD INFORMATION SHOWN ON THIS PLAT 15 BASED ON PUBLIC y,j1
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT. p y g a
3. 0.8.W.C.T. INDICATES OFFICIAL RECORDS OF •ILLIAMSON I`f�
COUxT Y. TEXAS
4. W.C.D.R. INDICATES WILLIA115ON COMTT DEED RECORDS
5. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
SIGN EASEIENT 4- -
CABINETS. /
SLIDES 69 -76 /
PROPOSED R.O.
5.H. 45
SURVEY LEGEND
• FOUND TX00T BRASS 015K IN CONCRETE
= SET 1XOOT BRASS DISK IN CONCRETE
• SET I•i IRON 800 X /TX00T ALUM. CAP
• FOUND 1 .2 IRON R00 UNLESS OTHERWISE NOTED
• 70050 4 = 4 CONCRETE MONUMENT
• CALCULATED POINT
- PROPERTY LINE
= BASELINE
= UTILITY POLE
4.3.1130.992.46
Y q ST..1 1.115
233.07' LT.
1509
S12.14'05%
20.00'
(1=23.56'1
1R =15.00'1
IL '05•7
IC= SSS.'I4 / 2'WI
1.21'1
1=23.56'
8.10.00'
A.90
C 12 15'S5'W
2
0 1 21.21'
1
D1
W
Oo
} D.
_ D__ •
WO _V
CC 7-ON
Z.- 3
O U_
W
4 Z
Q m
J Q
5.8.45
PARCEL PLAT
FOR PARCEL 77
COUNTY: WILLIAMSON
CRANTOR:35 /45 INVESTORS.
CHECKED BY: WJM
L.P.
ACREAGE
SUMMARY
ISO.FT.1
I
i
WHOLE
PROPERTY
AMA.
8EMAINOER
LEFT
60.984
392
60.592
SCALE: 1" = 50'
F ATE: APRIL 2000
DRAWN BY: JKB
JOB
F.B.
CAO
a: 417 -658
a: SH 45
FILE: Dor77
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -939
EMAIL: ousts nesurvcon.com
I !
DATE: August 25, 2000
SUBJECT: City Council Meeting — August 28, 2000
ITEM: 3.A.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with 35/45 Investors L.P. for the acquisition of
approximately 0.203 acres of property for SH -45 right -of -way.
Staff Resource Person: Jim Nuse, Public Works Director.
State of Texas
County of Williamson
Co \NPDOCS \AC1TY \S H 45 \LaPron \ 35 45 \K- fin al.Wpd / ale
REAL ESTATE CONTRACT
ARTICLE I
PURCHASE AND SALE
ARTICLE II
PURCHASE PRICE
1
/
THIS CONTRACT OF SALE ( "Contract ") is made by and between 35/45
INVESTORS, L.P. a Texas limited partnership (referred to in this Contract
as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221
E. Main St. Round Rock, Williamson County, Texas (referred to in this
Contract as "Purchaser "), upon the terms and conditions set forth in this
Contract.
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, the three parcels of land containing
approximately 0.203 acres of land (8,842 square feet) situated in
Williamson County, Texas, being more particularly described as follows:
1) Parcel #75: 0.022 acre tract, (958 square feet) as more
particularly described in Exhibit D, attached hereto and
incorporated herein;
2) Parcel #76: 0.172 acre tract, (7,492 square feet) as more
particularly described in Exhibit E, attached hereto and
incorporated herein; and
3) Parcel #77: 0.009 acre tract (392 square feet) as more
particularly described in Exhibit F, attached hereto and
incorporated herein;
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights -of -way (all of such real property,
rights, and appurtenances being referred to in this Contract as the
"Property "), together with any improvements, fixtures, and personal
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Sixty -
Five Thousand, Six Hundred Ninety -six and 06/100 Dollars ($65,696.06.)
The purchase price is based on a price of $7.43 times the number of
square feet of the Property ( 8,842 square feet.)
Notwithstanding the foregoing, if the number of square feet is
adjusted up or down prior to the closing date due to redesign of SH 45
by the Texas Department of Transportation, the purchase price is to be
increased or reduced by the product of $7.43 times the number of square
feet of the Property more or less than 8,842.
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction 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).
Preliminary Title Commitment
3.02. Within thirty (30) days after the date hereof, Seller, at
Purchaser's sole cost and expense, shall have caused Austin Title Company
(the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round
Rock, Texas 78664, to issue a preliminary title report (the "Title
Commitment ") accompanied by copies of all recorded documents relating to
easements, rights -of -way, etc., affecting the Property. Purchaser shall
give Seller written notice on or before the expiration of twenty (20)
days after Purchaser receives the Title Commitment that the condition of
title as set forth in the title binder is or is not satisfactory, and in
the event Purchaser states that the condition is not satisfactory, Seller
shall promptly undertake to eliminate or modify all unacceptable matters
to the reasonable satisfaction of Purchaser. In the event Seller is
unable to do so within ten (10) days after receipt of written notice,
this Contract shall thereupon be null and void for all purposes and the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice shall
be deemed to be Purchaser's acceptance of the Title Commitment.
2
ARTICLE IV
CLOSING
The closing shall be held at the offices of Brown McCarroll Sheets
& Crossfield, 309 E. Main St, Round Rock, Texas, as set forth below, or
at such time, date, and place as Seller and Purchaser may agree upon
(which date is herein referred to as the "closing date ").
The parties hereto acknowledge that the Purchaser is applying for
a loan from the State Infrastructure Bank (SIB) to finance the purchase
of the Property. The SIB gave approval of the loan on July 27, 2000. Upon
final approval of the loan documents, it is anticipated that loan funds
will be available approximately thirty (30) days thereafter. The parties
hereto also acknowledge that in the event the SIB loan documents are not
approved, the Purchaser will need reasonable time to obtain traditional
municipal bond financing, which could take up to 90 days after the
process is begun. Therefore, the parties agree that the closing date will
be whenever the SIB loan funds are available to the Purchaser, or
whenever municipal bond funds are available to the Purchaser, or on
December 1, 2000, whichever first occurs.
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special
Warranty Deed conveying good and marketable title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
The aforesaid Special Warranty Deed will include provisions that (1) it
is being delivered in lieu of condemnation, and (2) Seller has made no
representations or warranties concerning the Property and that Purchaser
is purchasing the Property AS IS.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,
3
insuring Purchaser's fee simple title to the Property subject
only to those title exceptions listed above, 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.
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
4.03 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. All special taxes or
assessments to the closing date shall be paid by Seller. Purchaser will
bear the burden of paying any rollback taxes, if any, resulting from a
change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to the
4
Title Company, the sum of One Hundred Dollars ($100.00), the Escrow
Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At
the closing, the Escrow Deposit shall be paid over to Seller and applied
to the cash portion of the purchase price, provided, however, that in the
event the Purchaser shall have given written notice to the Title Company
that one or more of the conditions to its obligations set forth in
Article III have not been met, or, in the opinion of Purchaser, cannot
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchaser's default, Purchaser may, as
its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract; or (2) request that the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser's obligations set forth in Article
III having been satisfied and Purchaser being in default and Seller not
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit 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.
ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
Survival of Covenants
5
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
Notice
(c) Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified mail, return receipt requested, addressed to Seller or
Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) 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
(e) 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
(f) 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
(g) 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
6
(h) Time is of the essence in this Contract.
Gender
(i) 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
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor's
signature below.
Driveway Curb Cuts
(1) Seller has presented to Purchaser a request for approval of
various curb cuts that will allow driveway access to the Property from
other lands owned by Seller (the "Driveway Curb Cuts "). Purchaser has
agreed to permit the Driveway Curb Cuts as submitted by Seller.
Purchaser further agrees to support Seller in Seller's requests to the
Texas Turnpike Authority and the Texas Department of Transportation for
approval of the Driveway Curb Cuts.
SELLER:
35/45 INVESTORS, L.P.
By: 35/45 Ge pa L.L.C., General Partner
Date: &:
By:
William S. Sma
7
ing, Manager
PURCHASER:
CITY D ROCK! TEXAS
By:
8
Robert A. Stluka,
221 E. Main Street
Round Rock, Texas 78664
Date: g " 0O
, Mayor
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT A Page I of? Pages
Property Description for Parcel 75
l�
EXHIBIT
D
1
Being all that certain 0.022 of one acre (958 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 3, Block F of the La
Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the
Williamson County Plat Records (W.C.P.R.). Said 0.022 of one acre tract being more
particularly described by metes and bounds as follows with all bearings and coordinates based on
the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a
surface adjustment factor of 1.00012:
BEGINNING at a '/s -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,131,087.01, Y= 10,149,497.97) set at 267.78 feet left of and perpendicular
to State Highway 45 (SH 45) Baseline Station 519 +77.80, being in the proposed northerly right -
of -way line of said SH 45, being in the existing easterly right -of -way line of La Frontera
Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision,
same being in the westerly line of said Lot 3;
1. THENCE, South 50 °53'41" East, crossing said Lot 3 and along the proposed northerly right -
of -way line of said SH 45, a distance of 64.03 feet to a 1/2-inch iron rod with TxDOT
aluminum cap set at 217.67 feet left of and perpendicular to SH 45 Baseline Station
520 +17.65, and being in the southerly line of said Lot 3;
2. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 3, a
distance of 25.00 feet to a '/cinch iron rod with TxDOT aluminum cap set for the beginning
of a tangent cut -back curve to the right;
3. THENCE, an arc distance of 23.56 feet along said cut -back curve to the right, with a Radius
of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of North 57 °14'05"
West, 21.21 feet (L= 23.56', R= 15.00', Delta =90 °00'00 ", CH =North 54 °4508" West, 21.21')
to a' /cinch iron rod with TxDOT aluminum cap set for the point of tangency, being in the
easterly right -of -way line of said La Frontera Boulevard and the westerly line of said Lot 3;
Z:\ 417568 \PARCELS\FINALS\M &B's\PAR75.doc
4. THENCE, North 12 °14'05" West (N 09 °45'08" W), along said easterly right -of -way line of
La Frontera Boulevard and the westerly line of said Lot 3, a distance of 35.00 feet to the
POINT OF BEGINNING and containing a computed area of 0.022 of one acre (958 square
feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay'Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 13, 2000
EXHIBIT A Page °- of ? Pages
4- /7.00
Z:\417568 \PARCELS \FINALS\M &B's \PAR75.doc
NOTE51
WHOLE PROPERTY
INSET
NOT TO SCALE
1009.45'08'111
Nu. .05N
35..00'
(L- 23.56'1
10. 15.00'1
CA.90.00'00 "1
(Ca154.45'09 "WI
121.21'1
L- 23.56'
R- 15.00'
A=90.00'00'
C.N51
21.21
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. NA0 83. CENTRAL ZONE AND ADJUSTED TO
SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A
COMMITMENT FOR TITLE INSURANCE AND RAY NOT INCLUDE
EASEMENTS AH0 INTONATION PERTAINING TO THIS TRACT.
RECORD 1NFOi(ATION SH01m ON THIS PLAT 15 BASED ON PUBLIC
INFORMATION. THE SURVEYOR HA5 NDT ABSTRACTED TN15 TRACT.
3. P.U.E. INDICATES PDBL1C 01(LITY EA5EIENT.
4. ■.C.P.R. INDICATES 011110MSON COUNTY PLAT RECORDS
5. 0.0.0.1.1. INDICATES OFFICIAL RECORDS OF 61LLIA160u
COUNTY. TEXAS.
6. THIS PLAT 15 ACCOIPANIED 08 A SEPARATE METES AND B0UN05
DESCRIPTION.
7. 71E PROPDSE0 BASELINE SHOWN HEREON I5 PER A DESIGN
TIE FILE PRO J3T R. COLLIE AND BRADEN. INC.
.81/00 DATES 4 -■7' oo
JA 01AN CANINE
REGISTERED PROFESSIONAL LANG SURVEYOR
1E6A5 816151061100 00. •345
JACOB M. HARRELL
SURVEY. A -284
• P.0.9. PARCEL 75
X- 3.131.007.01
\ Y=10.149.457.97
'9 STA. 519 +11.80
♦267.70' LT.
PROPOSED R.0.0.
5. H. 45
SIGN £05111101
(.. CABINET 5. \
,SLIDES 69 -16 \
• 0.C.P.R. •
J , I
520+00
5TA. 520 +17.65
217.67 LT.
PROPOSED R.O.W. S :N.. 4'
(580'14'52'61
571
25.00'
LOT 5. BLOCK F
6.17 ACRES
LA FRONTERA
SECTION 111B
CABINET S
SLIDES 69 -76
W.C.P.R.
RESERVED FOR FUTURE
RIGHT -OF -WAY. BUT NOT
DEDICATED BY THIS PLAT
Q S.H. 45
SURY. _EOEH0
• - FIXING TX00T BRASS DISK IN CONCRETE
❑
SET MOT BRASS 015K IN CONCRETE
o - SET '5 IRON R00 x /TXDDT ALUM. CAP
• = FOUND '. IRON ROD ONLES5 030(0015E NOTED
® = FIXING 4' x 4' CONCRETE MONUMENT
A = CALCULATED POINT
R = PROPERTY LINE
B. - BASELINE
- u11Ll1T POLE
LA FRONTERA
SECTION IIIB
CABINET S. SLIDES 69 -76
• LOT 3
BLOCK F
2.07 ACRES
15' P.u.E.
'r CAOINET 5. SLI0E5 69 -T6
I • 0.C.P.R.
S.H.45
PARCEL PLAT
FOR PARCEL 75
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS.
1
1
35/45 INVESTORS. L.P.
227.8382 ACRES
_ 006..4491348753
O.R.W.C.T.
R CURVE DATA
L - 1.230.95'
ft - 9.657.80'
A = 01•22'17'
CB- 088
CD- 1.230.10'
PC- 521+25.36
PT= 533459.31
P1: 527.44.68
Y - 3.131.093.51
- 0.149.401.09
ACREAGE
SUMMARY
150.01.1
WHOLE
PROPERTY
AREA
ACOUIREO
90.343
958
59.385
SCALE: 1" = 50'
DATE: APRIL 2000
DRAWN BY: JKB
CHECKED 8Y: WJM
SURVCON INC
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (5121 899 -939(
EMAIL: oustinesurvcon.com
JOB #: 417 -658
F.B. 4 5H 45
CAD FILE: por75
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT A Page I of z Pages
Property Description for Parcel 76
EXHIBIT
El
i
Being all that certain 0.172 of one acre (7,492 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas (O.R.W_C.T.) and being out of Lot 1, Block K of the La
Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 through 68 of the Williamson
County Plat Records (W.C.P.R.). Said 0.172 of one acre tract being more particularly described
by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
BEGINNING at a %z -inch iron rod with Texas Department of Transportation ( TxDOT)
aluminum cap (X= 3,131,129.69, Y= 10,149,003.76) set at 224.07 feet right of and perpendicular
to State Highway 45 (SH 45) Baseline Station 519 +13.38, being in the proposed southerly right -
of -way line of SH 45, also being in the westerly line of said Lot 1, and being in the easterly right -
of -way line of La Frontera Boulevard (100 foot wide) as dedicated per the plat of La Frontera
Section IIIB Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.), said point
being the beginning of curve to the right;
1. THENCE, an arc distance of 8.69 feet along the westerly line of said Lot 1, the easterly right -
of -way line of said La Frontera Boulevard and along said curve to the right, with a Radius of
250.00 feet, a Delta Angle of 01 °59'32 ", a Chord Bearing and Distance of North 02 °51'49"
East, 8.69 feet to a %z -inch iron rod with TxDOT aluminum cap set for the point of reverse
curvature;
2. THENCE, an arc distance of 23.18 feet, continuing along the westerly line of said Lot 1, the
easterly right -of -way line of said La Frontera Boulevard and along a curve to the left, with a
Radius of 1,550.00 feet, a Delta Angle of 00 ° 51'25 ", a Chord Bearing and Distance of North
03 °25'57" East, 23.18 feet (L= 23.18', R= 1,550.00', Delta =00 °51'25 ", CH =North 05 ° 54'50"
East, 23.18') to a '/cinch iron rod with TxDOT aluminum cap set for the beginning of a cut-
back curve to the right;
3. THENCE, an arc distance of 19.57 feet, along said cut -back curve to the right, with a Radius
of 15.00 feet, a Delta Angle of 74 °45'45 ", a Chord Bearing and Distance of North 40 ° 23'02"
East, 18.21 feet (L= 19.57', R= 15.00', Delta=74 °45'44 ", CH =North 42 °52'00" East, 18.21') to
a'' /z -inch iron rod with TxDOT aluminum cap set for the point of tangency and being in the
northerly line of said Lot 1 and the southerly line of Lot 5, Block F of said La Frontera
Section IIIB Subdivision;
Z:\ 417658 \PARCELS\FINALS\M &B's \PAR76.doc
4. THENCE, North 77 °45'55" East (N 80°14'52" E), along the northerly line of said Lot 1 and
the southerly line of said Lot 5, a distance of 429.06 feet to a'' V2 -inch iron rod with TxDOT
aluminum cap set for the northeast comer of said Lot I and being in the northwesterly right -
of -way line of F.M. 1325 (120 foot wide), said point being the beginning of a curve to the
left;
5. THENCE, an arc distance of 43.01 feet along the easterly line of said Lot r, the
northwesterly right -of -way line of F.M. 1325 and said curve to the left, with a Radius of
1,014.93 feet, a Delta Angle of 02 ° 25'40 ", a Chord Bearing and Distance of South 52 ° 05'35"
West, 43.00 feet to a 'A -inch iron rod with TxDOT aluminum cap set at 200.00 feet right of
and perpendicular to SH 45 Baseline Station 523 +30.99, said point being the beginning of a
curve to the left and being in the proposed southerly right -of -way line of said SH 45;
THENCE, crossing said Lot 1 and along the proposed southerly right -of -way line of said SH 45,
the following three courses:
6. An arc distance of 198.38 feet along said curve to the left, with a Radius of 9,367.80 feet,
a Delta Angle of 01°12'48", a Chord Bearing and Distance of South 78°12'31" West,
198.38 feet to a TxDOT brass disk in concrete set at 200.00 feet right of and
perpendicular to SH 45 Baseline Station 521 +28.36 and being the point of tangency;
7. South 77 °36'07" West, a distance of 198.21 feet to a %z -inch iron rod with TxDOT
aluminum cap set for an angle point;
8. South 22 °28'29" West, a distancd of 29.33 feet to the POINT OF BEGINNING and
containing a computed area of 0.172 of one acre (7,492 square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 17,2000
EXHIBIT A Page Z of Z Pages
4 - -°°
Z:\ 417658 \PARCELS\FINALS\M &B's\PAR76.doc
CURVE
DELTA
RADIUS
CHORD DIRECTION
CHORD LENGTH
ARC LENGTH
CI
01
250.00'
NO2
8.69'
1.69'
C2
100
11.550.00')
11105
123.18')
123.18'1
00'51'25'
1.550.00'
1103
23.16'
23.18'
C3
174
(15.001
1842
(18.21')
119.57'1
14.45'45"
15.00'
440 7 (
18.21'
19.57'
NOTES:
WHOLE PROPERTY
INSET
NOT TO SCALE -
P.0.8. PARCEL 76
X =3.131.129.69
Y.10.149.003.76
B STA. 519 +13.38
224.07' 61.
429.06
N77'36'07'E
C2
C1
CURVE TABLE
520+00
S.H. 45
LA FRONTERA SECTION IV
0.001 ACRE RIGHT -OF -WAY
DEDICATION
CABINET 5
SLIDES 66 -68
8.0.0.R.
577
198.21'
PROPOSED
R.O.X. S.H. 45
S2
1. BEARINGS AND COORDINATES ARE BASED 0H THE TEXAS 5TA) PLANE
COORDINATE SYSTEM. RAD 43. CENTRAL 20840 AND ADJUSTED TO
SURFACE USING AN ADJUSTMENT FACTOR CC 1.00012.
2. THIS SURVEY MAS PERFORMED WITHOUT THE BENEFIT OF A
COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION SHOWN ON THIS PLAT (5 BASED 011 PUBLIC
INFORMATION. THE SURYEYDR HAS NOT ABSTRACTED THIS TRACT.
3. P.U.E. INDICATES PUBLIC UTILITY EA5EMENT.
4. 0.8.8.0.T. INDICATES OFFICIAL RECORDS OF 8(11(0 50N COUNTY TEXAS
5. 8.0.0.8. INDICATES WILLIAL60N COUNTY DEED RECORDS
6. 8.0.0.8. INDICATES WILLIAMSON COUNTY PLAT RECORDS
7. THIS PLAT IS ACCOAPANIE0 BY A SEPARATE ((TES AND BOUNDS
DESCRIPTION.
W. THE PROPOSED BASELINE SHORN HEREON (5 PER A DESIGN
SCHEMATIC FILE PROYI 8Y.TU • COLLIE *1*)8RADEN. INC. /
DATE) - 17 '
JAY DON CANINE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. •345
JACOB M. HARRELL
SURVEY. A -284
1080 ' 14.52 'E.45'55'0 l
*77
STA. 519+30.15
200.00 RT.
LOT 1. BLOCK K
2'28'29'8 1.42 ACRES
29.33' LA FRONTERA
SECTION IV
CABINET 5. SLIDES 66 -68
SURVEY 1E6EN0
■ - ramp TX007 BRASS DISK IN CDNC8ETE
❑ - SET NOW BRASS 0(58 IN CONCRETE
Q - SET 'y IRON ROD 8 /TX00T ALUM. CAP
• = FOUND . 8 IRON ROD UNLESS 010008ISE NOTED
FOUND 4' X 4' CONCRETE *0NUf(60
• CALCULATED POINT
IL - PROPERTY LINE
• BASELINE
UTILITY POLE
35/45 INVESTORS. L.P.
227.8382 ACRES I
DOC. 7+9848753
O.R.W.C.T.
15' P.U.E•�I
N CABINET 5
SLIDES 69 -26
P.u.E.
CABINET 5
SLIDES 66-66
CHECKED 8Y: WJM
CALE: 1 = 100'
GATE: APRIL 2000
DRAWN BY: JKB
@ CURVE DATA
L 1.230.95'
R 9.567. B0'
A 07
C8 S86.18'SI'E
CD 1.230.10'
PC 521+28.36
PT 533+59.31
P1 527+14.68
K 3.731.893.51
Y 10.149.401.09
•
,LOT 5. BLOCK
6.17 ACRES'
I"'"' LA.FRONTERA
,SECTION 1118
SABINET 5
SLID S 69 -76
W .0.R.
RESERVED FOR FUTURE
NOT
DEDICATED BY THIS PLAT
5.0.45
PARCEL PLAT
FOR PARCEL 76
COUNTY: WILLIAMSON
GRANTOR :35/45 INVESTORS. L.P.
ACREAGE
SUMMARY
ISO. T.)
MOLE
PROPERTY
AREA
ACOUI8E0
REMAINDER
RIGHT
61.855
7.492
54.363
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: austinesurvcan.00
JOB tt: 417 -658
F.B. +r: SH 45
CAD FILE:
r
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT A Page 1 of? Pages
Property Description for Parcel 77
EXHIBIT
Being all that certain 0.009 of one acre (392 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
conveyed to 35/45 INVESTORS, L.P., recorded in Document Number 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 2, Block G of the La
Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the
Williamson County Plat Records (W.C.P.R.). Said 0.009 of one acre tract being more
particularly described by metes and bounds as follows with all bearings and coordinates based on
the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a
surface adjustment factor of 1.00012:
BEGINNING at a %z -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,130,992.46, Y= 10,149,462.12) set at 253.07 feet left of and perpendicular
to State Highway 45 (SH 45) Baseline Station 518 +77.75, being in the proposed northerly right -
of -way line of said SH 45, being in the existing westerly right -of -way line of La Frontera
Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and.
being in the easterly line of said Lot 2;
1. THENCE, South 12 °14'05" East (S 09 °45'08" E), along the easterly line of said Lot 2 and the
westerly right -of -way line of said La Frontera Boulevard, a distance of 20.00 feet to a '/z -inch
iron rod with TxDOT aluminum cap set for the beginning of a tangent cut -back curve to the
right;
2. THENCE, an arc distance of 23.56 feet and along said cut -back curve to the right, with a
Radius of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of South
32 °45'55" West, 21.21 feet (L= 23.56', R= 15.00', Delta-90°00'00", CH =South 35 °14'52"
West, 21.21') to a %z -inch iron rod with TxDOT aluminum cap set for the point of tangency
and being in the south line of said Lot 2;
3. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 2, a
distance of 10.00 feet to a %z -inch iron rod with TxDOT aluminum cap set at 218.14 feet left
of and perpendicular to SH 45 Baseline Station 518 +52.66 and being the proposed northerly
right -of -way line of said SH 45;
4. THENCE, North 23 °18'10" East crossing said Lot 2 and along the proposed northerly right -
of -way line of said SH 45, a distance of 43.01 feet to the POINT OF BEGINNING and
containing a computed area of 0.009 of one acre (392 square feet) of land, more or less.
Z:\4 17658\ PARCELS \FINALS\M &B's \PAR77.doe
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay 1 ean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 13, 2000
EXHIBIT A Page? of 2 Pages
Z:\417658 \PARCELS \FINALS\M &B's \PAR77.doc
WHOLE PROPERTY
INSET
218.57'
N71.45'55'E
1580'14'52'WI
$71
10.00'
STA. 518417.65
211.01' LT.
NOT TO SCALE
5' P.U.-
1 1
CABINET �. SL IBES 69 -161
.L.P. E
R.
LA FRONTERA
SECTION IIIB
CABINET 5. SLIDES 69 -76
W.C.P.R.
PROPOSED R.O.W. S.H. 45
35/45 INVESTORS. L.P.
. 227.8382 ACRES
DOC. *29046753
O.R.W.C.T.
LOT 2
BLOCK G
1.40 ACRES
NOTES.
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. RAD 03. CENTRAL 200E AND ADJUSTED TO
SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012.
2. THIS SURVEY WAS PE0F00NED WITHOUT THE BENEFIT OF A
COMIITMENT FOR TITLE INSURANCE AN0 MAY NOT INCLUDE
EASEMENTS AN0 INFORMATION PERTAINING TO THIS TRACT.
0E0000 INFORMATION 5 (1000 ON THIS PLAT (5 BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3. 0.R.0.0.0. INDICATES OFFICIAL RECORDS OF WILLIA0500
COUNTY. TEXAS
4. W.C.O.R. INDICATES WILLIAMSON COUNTY DEED RECORDS
5. W.C.P.R. INDICATES WILLIAM50N COUNTY PLAT RECORDS
6. "NHS PLAT I5 ACCOMPANIED BY A SEPARATE METES AND BOUNDS
DESCRIPTION.
7. THE PROPOSED BASELINE 50000 HEREON (5 PER A DESIGN
SCHEMATIC FILE PROW! 0 T . COLLIE AND BRADEN. INC.
DATE: 4- /7-00
JAY MEAN CANINE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 4345
JACOB M. HARRELL
SURVEY. A -284
S.14 518452.66
218.14 LT.
•
077.36' 07'E /15.H.: 45 )4
•
517400
SIGN EASEIENT
CABINETS. /�
SLIDES 69 -76 /
PROPOSED R.O.W.
/ S.H. 45
SURVEY LEGEND
▪ - F0014) MOT BRASS 015K IN CONCRETE
❑ - SET TX00T BRASS DISK IN CONCRETE
o SET 1{ IRON ROD W /T000T ALUM. CAP
• - FOUND '.r IRON R00 UNLESS OTHERWISE NOTED
® - FOUND 4' X 4' CONCRETE MONUMENT
- CALCULATED POINT
t - PROPERTY LINE
B. BASELINE •
- UTILITY ROLE
P.0.0. PARCEL 11
X-3.170.992.46
0-10.149.462.12
3 51A. 518411.75
253.01' L1.
150 5'B
9'4O-EI
512. .
zo.aD'
11=23.56'1
10 =15.00'1
(0-90'00'
(0=535'14'52"W)
121.21')
1. 23.56'
R- 15.00'
0=90'00'00'
C'532
O 21.21'
Er 1
7WW
3J
—cc •
a
WO .V
Z 4 =
Q 01
J '2
U
CHECKED BY: WJM
I
I
ACREAGE
SUMMARY
(50.FT.(
AEA
ACROUIREO
REMAINDER
LEFT
60.984
392
60.592
S.H.45
PARCEL PLAT
FOR PARCEL 77
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
`S
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899-939
EMAIL: Oustin9survcon.com
SCALE: 1" 50' JOB 06: 417 -658
ATE: APRIL 2000 F.B. #: 5H 45
DRAWN BY: JKB CAD FILE: 7
f
o . e1.
a
ISSUED BY
Lawyers1itleInsurance @potation
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of
Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the
Insured by reason of:
1. Title to the estate or interest descnbed in Schedule A being vested other than as merE'in;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or matenalmen's lien for labor or material having its inception on or before Date of Policy,
4. Lack of a nght of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses Incurred in defense of the title, as insured, but only to the extent provided in the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers, the Policy to become valid when countersigned by an authonzed officer or agent of the Company.
Attest: _ c. /
Texas Owner's Policy T -1 (Rev. 1-1-93)
Cover Page
Form 1178 -22
f
b f
13'TiLi: By'
Secretary rlSv; 1925 !iJ
it'l `, .y,,,,
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restncting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
Improvement now or hereafter erected on the land; (in) a separation In ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a pad; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking that has occurred pnor to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant pnor to the date the insured claimant became an Insured under this policy;
(c) resulting in no Ions or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
potcy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the title.
5. Any claim which anses out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by thus policy,
by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either
(i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(ii) the subordination or recharacterization of the estate or Interest insured by this Policy as a result of the application of the doctrine of equitable
subordination or
(iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or its issuing agent to timely file for record the Instrument of transfer to the insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or a Judgment or lien creditor.
ORIGINAL
OWNER'S POLICY OF TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION
? tea
President
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used In this policy mean
(a) 'insured' the insured named in Schedule A, and, subject to any rights or
defenses the company would have had against the named Insured, those who succeed
to the interest of the named insured by operation of law as distinguished from purchase
including, but not limited to, heirs, distnbutees, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following
(I) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or complete
Iiquidabon,
(u) the partnership successors in Interest to a general or limited
partnership which dissolves but does not terminate,
(in) the successors in interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial or
complete liquidation,
(IV) the successors in interest to a joint venture resulting from the
distnbution of the assets of the Joint venture upon partial or complete liquidation.
(v) the successor or substitute trustee(s) of a trustee named in a written
trust Instrument; or
(vi) the successors in Interest to a trustee or trust resulting from the
distnbution of all or part of the assets of the trust to the beneficiaries thereof
(b) Insured claimant'., an insured claiming loss or damage
(c) 'knowledge or *known'. actual knowledge, not constructive knowledge or
notice that may be Imputed to an insured by reason of the public records as defined In
this policy or any other records which impart constructive notice of matters affecting the
land
(d) 'land': the land descnbed or referred to in Schedule A, and improvements
affixed thereto that by law constitute real property The term 'land' does not Include any
property beyond the lines of the area described or referred to In Schedule A, nor any
nghl, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modify or limit the extent to which a right of
access to and Irom the land Is insured by this policy.
(e) 'mortgage: mortgage, deed of trust, trust deed, or other secunly instrument
(1) 'public records' records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge With respect to Section 1(a)(iv) of the
Exclusions From Coverage, "public records' also shall include environmental protection
liens filed in the records of the clerk of the United Slates distnct court for the distnc? In
which the land is located
(g) 'access' legal nght of access to the land and not the physical condition of
access The coverage provided as to access does not assure the adequacy of access
for the use intended
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of
an insured only so long as the Insured retains an estate or Interest In the land, or holds
an indebtedness secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or conveyance of the estate or interest.
This policy shall not continue in force in favor of any purchaser from the insured of either
(I) an estate or interest In the land, or (II) an indebtedness secured by a purchase money
mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly In writing (I) in case of any litigation
as set forth in Section 4(a) below, or (n) in case knowledge shall come to an insured
hereunder of any claim of title or interest that Is adverse to the title to the estate or
Interest, as Insured, and that might cause loss or damage for which the Company may
be liable by virtue of this policy If prompt notice shall not be given to the Company,
then as to the insured all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice Is required, provided, however, that failure to
notify the Company shall In no rase prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure and then only td the extent of the
prejudice
When, atter the date of the policy, the insured notifies the Company as required
herein of a lien, encumbrance, adverse claim or other defect In 1010 to the estate or
interest in the land insured by this policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to determine
whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or
statute The Company shall notify the Insured In wntirg, within a reasonable t ma eIlts_i—
determination as to the validity or Invalidity of the Insureds maim or charge under the
policy If the Company concludes that the hen, encumbrance, adverse claim or defect Is
not covered by this policy, or was otherwise addressed in the closing of the transaction
In connection with which this policy was issued, the Company shall specifically advise
the insured of the reasons for Its determination II the Company concludes that the lien,
encumbrance, adverse claim or defect Is valid, the Company shall take one of the
following actions' (I) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or defect from the title to the estate as insured, (II) indemnify the insured
as provided in this policy, (II) upon payment of appropriate premium and charges
therefor, issue to the Insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest In the land insured by this policy, a policy of htle insurance without
exception for the hen, encumbrance, adverse claim or defect, said policy to be in an
amount equal to the current value of the property or, if a mortgagee policy, the amount
of the loan; (iv) indemnity another title insurance company In connection with Its
issuance of a policy(les) of title insurance without exception for the lien, encumbrance,
adverse claim or detect; (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or detect; or (011 undertake a combination of (I) through (v)
•herein
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE
(a) Upon wntten request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at Its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, lien or encumbrance or other
matter Insured against by this policy The Company shall have the right to select
counsel of its choice (subject to the nghl of the insured to object for reasonable cause)
to represent the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel. The company will not pay any fees, costs
or expenses incurred by the Insured in the defense of those causes of action That allege
matters not insured against by this policy
(b) The Company shall have the right, at Its own cost, to institute and prosecute
any action or proceeding or to do any other act That in Its opinion may be necessary or
desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to insured The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or ,waive any provision of this policy If the Company shall
exercise Its rights under this paragraph, it shall do diligently
(c) Whenever the Company shall have brought an action or Interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from any adverse judgment
or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the Insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals herein, and permit the Company to use. at its option, the name of the insured
for this purpose Whenever requested by the Company, the insured, at the Company's
expense, shall give the company all reasonable aid (i) in any action or proceeding,
secunng evidence, obtaining vntnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (11) in any other lawful act that in the opinion of
the Company may be necessary or desirable to establish the title to the estate or
interest as insured If the Company is prejudiced by the failure of the insured to furnish
the required cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute. or continue any
litigation, with regard to the matter or matters requinng such cooperation
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and swom to by the insured claimant shall be furnished to the Company within 91 clays
after the insured shall ascertain the facts giving nse to the loss or damage The proof of
loss or damage shall describe the defect in, or lien or encumbrance on the bile, or other
matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or
damage If the Company Is prejudiced by the failure of the insured claimant to provide
the required proof of loss or damage, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such proof of toss
or damage
In addition, the Insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, Inspection and copying, at such reasonable times and places
as may be designated by any authonzed representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date
before or alter Date of Policy, which reasonably pertain to the loss or damage Further, If
requested by any authonzed representative of the Company, the insured claimant shall
grant Its permission, In witting, for any authonzed representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda In the custody or control of a third party, which reasonably pertain to the
loss or, damage. All information designated as confidential by the insured claimant
provided to the Company pursuant 16 this Section shall not be disclosed to others
unless, In the reasonable judgment of the Company, It is necessary In the administration
of the claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary Information from third parties as required In this paragraph shall
terminate any liability of the Company under this policy as to that claim
S.f- OPTIONS— TO_EAY_an'oTNCRWICaSEZILE CLAIMS'TION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the
addNonal ophons'
(a) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys' Is and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation
wing
continued on next page of cover sheet
CASE NUMBER
0211501 L 491 $ * * ** *65,696.06 $ * ** *719.00 1000
2000 RR 211501 -D (215) /CU
1. Name of Insured:
CITY OF ROUND ROCK
2. The estate or interest in the land that is. covered bythis- policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK
4. The land referred to'in this policy is described as follows: THE JAC M. HARRELL
TCT I: 0.022 A WILLIAMSON CRES RE TEXAS, AND BEING PARTICULARLY DESCR B D
EXHIBIT "A" ATTACHED HERETO.
TRACT II: 0.081 ACRES MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY
A -284 WILLIAMSON COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO.
TRACT II_I: 0.009 ACRES MORE OR LESS OUT OF THE JACOB M. HARRELL SURVEY
A 2I4IT L _ AMSONHCD NNTTRETTEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN
Texas Owner's Policy T - (Rev. 1 -1 -93)
Schedule A
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
8/16/2001 $ * * ** *65,696.06 0211501
SCHEDULE A
AUSTIN TITLE COMPANY
Countersigned ak, °" . 1
Autnorizea Lountersignatufe
Valid Only If Schedule B
And Cover Page Are Attached
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT A Page I of? Pages
Property Description for Parcel 77
Being all that certain 0.009 of one acre (392 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acte tract
conveyed to 35/45 INVESTORS, L.P., recorded in Document Number 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 2, Block G of the La
Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the
Williamson County Plat Records (W.C.P.R.). Said 0.009 of one acre tract being more
particularly described by metes and bounds as follows with all bearings and coordinates based on
the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a
surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,130,992.46, Y= 10,149,462.12) set at 253.07 feet left of and perpendicular
to State Highway 45 (SH 45) Baseline Station 518 +77.75, being in the proposed northerly right -
of-way line of said SH 45, being in the existing westerly right -of -way line of La Frontera
Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and.
being in the easterly line of said Lot 2;
I. THENCE, South 12°14'05" East (S 09 °45'08" E), along the easterly line of said Lot 2 and the
westerly right -of -way line of said La Frontera Boulevard, a distance of 20.00 feet to a'/ -inch
iron rod with TxDOT aluminum cap set for the beginning of a tangent cut -back curve to the
right;
2. THENCE, an arc distance of 23.56 feet and along said cut -back curve to the right, with a
Radius of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of South
32 °45'55" West, 21.21 feet (L= 23.56', R= 15.00', Delta =90 °00'00 ", CH =South 35 °14'52"
West, 21.21') to a 1/2-inch iron rod with TxDOT aluminum cap set for the point of tangency
and being in the south line of said Lot 2;
3. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 2, a
distance of 10.00 feet to a 1/2-inch iron rod with TxDOT aluminum cap set at 218.14 feet left
of and perpendicular to SH 45 Baseline Station 518 +52.66 and being the proposed northerly
right -of -way line of said SH 45;
4. THENCE, North 23 °18'10" East crossing said Lot 2 and along the proposed northerly right -
of -way line of said SH 45, a distance of 43.01 feet to the POINT OF BEGINNING and
containing a computed area of 0.009 of one acre (392 square feet) of land, more or less.
Z:\ 417658 \PARCELSIFINALS\M &B's \PAR77.doc
Jay bean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 13, 2000
EXHIBIT A Page Z of Z Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Z:\ 417658 \PARCELSIPINALS\M &B's\PAR77.doe
NOTESs
WHOLE PROPERTY
INSET
1100'14'52'41
S17
10.00'
STA. 511.77.145
NOT TO SCALE
15' P.U.E.
CABINET 5. SLIDES 19 -761
Y .C.P.1. 1
LA FRONTERA
SECTION IIIB
CABINET S. SLIDES 69 -T0
35/45 INVESTORS. L.P.
. 227.8362 ACRES
OOC. 49848753
O.R.W.C.T.
218.57'
N72 E
PROPOSED R.O.Y. 5.H. 45
LOT 2
BLOCK 6
1.40 ACRES
517400 477'36'07'0 S.H.
1. BEARINGS AM COORDINATES ARE BASED 04 THE TEXAS STATE PLANE
COORDINATE 5Y51E14. 080 e3. (ENTRA_ TONE ARO ADJUSTED TO
SURFACE 05(00 AN ADJUSTIENT FACTOR OF 1.00012.
2. THIS SURVEY WAS PERF0R4400 WITHOUT 714E BENEFIT OF A
COMNIIIENT FOR TITLE INSURANCE AM MAY NOT INCLUDE
EA5EIENTS AN0 INFORMATION PERTAINING 10 THIS TRACT.
RECEND INFORMATION 114CYN BN THIS PLAT IS BASED ON Pu6LIC
INFORMATION. THE 5URVE101 NA5 NOT ABSTRACTED 1415 TRACT.
3. 0.4.8.0.1. 1MOICATES OFFICIAL RECORDS OF SILLIAlC0N
COUNTY. TEXAS
4. 0.(.0.R. IROICATE5 VILLIM60N COUNTY OECD RECORDS
5. 8.C.P.R. INDICATES WILLIAMSON COUHTT PLAT RECORDS
S. THIS PLAT I5 ACCOIPANIE0 BT A SEPARATE METES ANC 50RC5
DESCRIPTION.
T. THE PROPOSED BASELINE swum NEREEN IS PER A DESIGN
SCHEMATIC FILE PROM T 1 COLLIE ANC BRADEN. INC.
�� DATER 4- /7 - ea
JAY AN CANINE
0(GISTEREO PRKCSSIONA1. LAM SURVEYOR
TEXAS REGISTRATION M. 4345
JACOB M. HARRELL
SURVEY, A -284
SIGN EASEIENT •
—
CA8I1415. /
SLIDES GI-16 /
PARCEL 71
0.3.130 .952.46
1.10.14 9.462.12
PROPOSED R.O.Y. A. 51e.n.95
/ S.N. 45 253.02' LT.
STA. 515452.446
211.14 LT.
T506'45'06'0
512'14'05'E
f 20.00'
11.15.00')
(4.50'00'45
[C 1 2 1 .2 52'8I
x1.21 1 1
L45.00'
R•15.00'
•.90•00'45'
211.01 11. 0 10 C 212=1 55'0
0= 1
W �
m, •
45 •
1 01
WO .V
2' O y
O.-F-
C
Z
a m
a
• - FORD IRON ROO 121.E55 DTNERYISE NOTED ` {{ { Y
TDUM 4' x 4' CONCRETE MBCIENI
LS - CALCULATED POINT
[ . PROPERTY LINE
1 1 . BASELINE •
y UTILITY POLE
SURVEY LEGEND
✓ FOUND 10001 MASS 0150 IN CONCRETE
❑ - SET 10001 BRA55 0155 10 CONCRETE
o - SET IRBN R00 11/14D04 Alum. CAP
u
ACREAGE
SUMMARY
450.FT.)
WHOLE
PROPERTY
AREA
ACONIRED
REININOER
LEFT
60.964
392
440.592
5.H.45
PARCEL PLAT
FOR PARCEL 77
COUNTY: WILLIAMSON
CRANTOR:35 /45 INVESTORS. L.P.
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (5121 899 -939
EMAIL: Nwstinesurvaxl
SCALE: 1' . 50'
ATE: APRIL 2000
RAWN BY: JKB
NECKED BY: WJM
JOB st: 417 -65
(: SH 45
AD FILE: morn
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF
POLICY
2000 RR 211501 -D (215) /CU 8/16/2001
SCHEDULE B
POLICY NUMBER
0211501
This policy does not insure against loss or damage (and the Company will
not pay costs, attorne s fees or expenses) that arise by reason of the terms
and conditions of the leases or easements insured, if any, shown in Schedule A
and the following matters:
1. The following restrictive covenants of record itemized below (the Company
must either insert specific recording data or delete this exception):
DOCUMENT #9923405 OFFICIAL RECORDS; DOCUMENT #2000005167, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS.
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property • or survivorship rights, if any, of any
spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to,
persons the public, corporations, government or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or
perennial rivers and streams lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established
or changed by any government, or
c. to filled -in lands, or artificial islands,
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of
vegetation or the right of access to that area or easement along and
across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year
2001 , and subsequent years; and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the property under Section 11.13, TEXAS TAX
CODE, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception.):
RIGHTS OF TENANTS IN POSSESSION AS TENANTS ONLY UNDER ANY AND ALL
UNRECORDED LEASE AND / OR RENTAL AGREEMENTS IINCLUDING BUT NOT LIMITED TO,
D D OC E UMENT E #9848753 D AND E DOCUMENT #9848755,, OFFICIAL RECORD RECORDED
, WILLIAMSON
COUNTY, TEXAS.
7. THIS PROPERTY IS LOCATED WITHIN BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
DISTRICT #1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A
DISTRICT.
8. POLLUTION ABATEMENT PLAN DATED AUGUST 12, 1999, EXECUTED BY WILLIAM S.
( CONT. ON SCH. B, PAGE 2 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE 1
POLICY NUMBER
CASE NUMBER DATE OF
POLICY
2000 RR 211501 -D (215) /CU 8/16/2001
SCHEDULE B
SMALLING RECORDED AS DOCUMENT #199958420 OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS. (TRACTS i & III$
0211501
9. OF R P AS SHOWN (TTRRACTST1 & S SOUTHERLY PROPERTY LINE
III)
10. SIGN EASEMENT ACROSS SUBJECT PROPERTY AS SHOWN ON PLAT. (TRACTS I & III)
11. ORDINANCE ADOPTING THE LA FRONTERA WEST PUD NO. 39 RECORDED AS DOCUMENT
#9923405, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
12. AN EASEMENT DATED JULY 31 1936, GRANTED TO TEXAS POWER & LIGHT COMPANY BY
W TEXAS. (EASEMENTME FORBELECTRIC3 368, DEED
DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
13. AN EASEMENT DATED AUGUST 4 1936 GRANTED TO TEXAS POWER & LIGHT COMPANY
BY ERNEST A. ANDERSON AND WIFE NANCY ANDERSON RECORDED IN VOLUME 282
T $ AN D /OR O LINE, TOGETHERSWIT ALL GHTS FOR RECITED _ TRIC
THEREIN)
14. RECORDED BY ERNEST R. ANDERSON FE M NANCY CORDED IN
VOLUME (EASEMENT
FOR ELLECTRIC /OR COUNTY, OGETHER WITH
RIGHTS RECITED THEREIN)
15. AN EASEMENT DATED MAY 30, 1951 GRANTED TO TEXAS POWER & LIGHT COMPANY BY
ESTATE OF C.A. ANDERSON DECEASED, RECORDED IN VOLUME 372 PAGE 63 DEED
AND / DISTRIBUTION LINE, YT 1'OGETHER WITH RIGHTS THEREIN�
16. AN EASEMENT DATED MAY 29 1951 GRANTED TO TEXAS POWER & LIGHT COMPANY BY
PAGE 65, DEED E REG C OR D DSS WILLIAM COUNTY ME (EASEMENT N FOR L ELECTRIC
TRANSMISSION AND /OR DISTRIBUTION LINE, TO
WITH ALL RIGHTS RECITED
17. AN EASEMENT DATED APRIL 17 1981 GRANTED TO THE CITY OF ROUND ROCK BY TOM
KOURI RECORDED IN VOLUME 850 PAGE 906 DEED RECORDS CORRECTED AND
RE-RECORDED LLIAMSONCOUNTY, TEXAS. (EASEMENT FOR PUBLIC TOGETHER C WITH
ALL RIGHTS RECITED THEREIN)
18. AN EASEMENT DATED SEPTEMBER 23, 1985, GRANTED TO THE CITY OF ROUND ROCK BY
( CONT. ON SCH. B, PAGE 3 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule 13 And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2000 RR 211501 -D (215) /CU 8/16/2001 0211501
SCHEDULE B
TOM KOURI RECORDED IN VOLUME 1250 PAGE 705 OFFICIAL RECORDS WILLIAMSON
COU THXASIN) (EASEMENT FOR PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS
19. AN EASEMENT DATED APRIL 12, 1999 GRANT D TO DDR DB DEVELOPMENT VENTURES
L.P. A TEXAS LIMITED PARTNERSHIP BY 35 45iINVESTORS, L.P. A TEXAS LIMITED
COUNTY TEX X AS. (EASEMENT , RECORDED ACCESS9 ALL
THEREIN
20. TERMS PROVISIONS AND CONDITIONS SET OUT IN THAT CERTAIN PERMIT TO
APPROPRIATE STATE WATER DATED JANUARY 29 1985, RECORDED IN VOLUME 2, PAGE
49, WATER RECORDS, WILLIAMSON COUNTY, TEXAS.
21. AN EASEMENT DATED AUGUST 15 1958 GRANTED TO TEXAS POWER & LIGHT COMPANY
BY R
PAGE 11, DEED ANDERSON
ORS WILLIAMSON COUNTY TEXAS. (EAASEMENTDFOR VOLUME
LEC R 427, IC
TRANSMISSION AND /OR DISTRIBUTION LINE, TO
WITH ALL RIGHTS RECITED
22. AN EASEMENT DATED JANUARY 9 1963, GRANTED ITO SOUTHWESTERN BELL TELEPHONE
COMPANY BY E.R. ANDERSON AND WIFE MRS. NANCY ANDERSON, RECORDED IN VOLUME
COMMUNICATIOI LI ALL THEREIN)
FOR
23. AN EASEMENT DATED FEBRUARY 2 1981 GRANTED TO LARTNEC INVESTMENT CO. AN
IOWA CORPORATION BY TOM KOURI AND WIFE HELEN KOURI RECORDED IN VOLUME
824 P 593 DEED RECORDS WILLIAMSON COUNTY TEXAS. (EASEMENT FOR
UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
24. AN EASEMENT DATED FEBRUARY 2 1981 GRANTED TO LARTNEC INVESTMENT CO. AN '
IOWA CORPORATION BY TOM KOURf AND WIFE HELEN KOURI RECORDED IN VOLUME
UTILITIES,5TOGETHER WIDEED RIGHTS THEREINN))S. (EASEMENT FOR
25. AN EASEMENT DATED AUGUST 24, 1981, GRANTEDITO THE CITY OF ROUND ROCK BY
TOM KOURI RECORDED IN VOLUME 850 PAGE 902 DEED RECORDS WILLIAMSON
CO U N TY , TEXASIN)(EASEMENT FOR PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS
26. AN EASEMENT 15 FEET IN WIDTH IS RESERVED ACROSS SUBJECT PROPERTY FOR
PUBLIC UTILITIES, AS SHOWN ON PLAT. (TRACT II)
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
(
CONDITIONS AND STIPULATIONS — CONTINUED
(b) To Pay or Otherwise Settle With Parries Other than the Insured or With the
' Insured Claimant
(I) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to pay.
or
( to pay or othervse settle vnth the insured claimant the loss or damage
provided for under this policy, together with any costs, attomeys' fees and expenses
incurred by the insured claimant, which were authorized by the Company up to the time
of payment and which the Company is obligated to pay
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ti), the Company's obligations to the Insured under this policy for
the Claimed loss or damage, other than the payments required to be made, shall
terminate, Including any lability or obligation to defend, prosecute or continue any
litigation
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy Is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters Insured against by this policy and only to the extent herein described.
(a) The liability of the Company under thus policy shall not exceed the least of.
(I) the Amount of Insurance slated In Schedule A;
(11) the difference between the value of the insured estate or Interest as
insured and the value of the insured estate or interest subject to the defect, Ilen or
encumbrance Insured against by this policy at the date the insured claimant Is required
to furnish to Company a proof of loss or damage in accordance with Section 5 of these
Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the Insured estate or interest or the full
consideration paid for the land, whichever is less, or it subsequent to the Date of Policy
an Improvement is erected on the land which increases the value of the insured estate
or Interest by at least 20 percent aver the Amount of Insurance stated in Schedule A,
then this Policy Is subject to the following
(I) where no subsequent Improvement has been made, as to any partial
loss, the Company shall only pay the foss pro rata in the proportion that the amount of
Insurance at Date of Policy bears to the total value of the insured estate or Interest at
Date of Policy; or
(e) where a subsequent Improvement has been made, as to any partial
loss, the Company shall only pay the Toss pro rata in the proportion that 120 percent of
the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the Improvement
The provisions of this paragraph shall not apply to costs, attomeys' lees and
expenses for which the Company Is liable under this policy, and shall only apply to that
portion of any loss which exceeds, In the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations
8. APPORTIONMENT.
If the land descnbed In Schedule A consists of two or more parcels that are not
being used as a single site, and a loss Is established affecting one or more of the
parcels but not all, the toss shall be computed and settled on a pro rata basis as If the
amount of insurance under this policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any Improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the Insured at the time of the issuance of this
policy and shown by an express statement or by an endorsement attached to this policy
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect. lien or
encumbrance, or cures the lack of a right of access to or from the land, all as Insured, or
takes action In accordance with Section 3 or Section 6, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom, It shall
have Cully performed Its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent jurisdiction, and disposition of all
appeals therefrom, adverse to the title as Insured
(c) The Company shall not be liable for loss or damage to any insured for
lability voluntanly assumed by the insured In settling any claim or suit without the prior
wnden consent of the Company
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the Insurance pro lento.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of Insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception is taken In Schedule B or to which the Insured has agreed, assumed, or
taken subject, or which Is hereafter executed by an insured and which is a charge or lien
on the estate or interest descnbed or referred to in Schedule A, and the amount so pad
shall be deemed a payment under this policy to the Insured owner
91178-22
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss or
destruction shall be lumished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant
The Company shall be subrogated to and be entitled to all rights and remedies
that the Insured claimant would have had against any person or property In respect to
the claim had this policy not been Issued If requested by the Company, the Insured
claimant shall transfer to the Company all nghts and remedies against any person or
property necessary in order to perfect this right of subrogation The insured claimant
shall permit the Company to sue, compromise or 5ehle in the name of the Insured
claimant and to use the name of the Insured claimant m any transaction or litigation
involving these rights or remedies
If a payment on account of a claim does not fully cover the loss of the Insured
claimant, the Company shall be subrogated to these rights and remedies In the
proportion that the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act
shall not void this policy, but the Company, In that event, shall be required to pay only
that part of any losses Insured against by this policy that shall exceed the amount, it
any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation
(b) The Company's Rights Against Non-insured Obligors.
The Company's nght of subrogation against non - insured obligors shall exist and
shall Include, without limitation, the rights of the Insured to Indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or conditions contained in
those instruments that provide for subrogation nghts by reason of this policy
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the company or the insured may
demand arbitration pursuant to the Tulle Insurance Arbitration Rules or the Amencan
Arbitration Association Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising out of or relating to
this policy, any service of the Company in connection with Its Issuance or the breach of
a policy provision or other obligation All arbitrable matters when the Amount of
Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the Insured is an individual person (as distinguished
from a corporation. trust, partnership, association or other legal entity). All arbitrable
matters when the Amount of Insurance Is in excess of 51,000,000 shall be arbitrated
only when agreed to by both the Company and the Insured Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon the
parties The award may include attomeys' lees only if the laws of the state in which the
land is located permit a court to award attomeys' fees to a prevailing party Judgment
upon the award rendered by the Arbrtrator(s) may be entered in any court having
jurisdiction thereof
The law of the sibs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules
A copy of the Rules maybe obtained from the Company upon request
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, 11 any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole
(b) Any claim of loss or damage. whether or not based on negligence, and
which anses out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in lull force and effect
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement In wnhng
required to be furnished the Company shall include the number of this policy and shall
be addressed to Consumer Affairs Department, P O Box 27567, Richmond, Virginia
23261 -7567
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
flied, contact the agent or write to the Company that issued the policy. R the
problem is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 78714 - 9091, Fax No (512) 475 - 1771. This notice of
complaint procedure is for information only and does not become a part or
condition of this policy.
CONTROL NUMBER B 11- 0 015 8 0 3
Juyers]JtIe
Insurance Crporation
ArANDAMEEIUCOMPANY
TEXAS OWNER
POLICY OF
TITLE INSURANCE
ISSUED BY
La ulyelsZidejnsurance rpo ration
HOME OmCG
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
A WORD OF THANKS
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
awyers]itle
Insurance Gyporation
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1- 800 -442 -7067