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R-01-04-26-14D3 - 4/26/2001RESOLUTION NO. R- 01- 04- 26 -14D3 WHEREAS, the City desires to purchase a tract of land containing approximately 1.49 acres for right -of -way for the A.W. Grimes Boulevard Project, and WHEREAS, Sarah J. Miller, 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 Sarah J. Miller 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 26th day of Apr , 20 , -1. 4 �: _ ~ A. STLUKA, y �� RO Mayor AST ,S / T � : �� �^ I �,I City of Round Rockf Texas C [.f./VIIVW L�.l.V1'�Jv J E LAND, City Secretary O.\ WPOOCS \RRSOLOTI \R1042603.WP0 /uc State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between SARAH J. MILLER, Individually And as Independent Executrix of The Estate of Roger Allen Miller, Deceased (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. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that certain parcel of land containing approximately 1.49 acres of land situated in Williamson County, Texas, being more particularly described in Exhibit A, attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), 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 Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of One Hundred Seventy -five Thousand and No /100 Dollars ($175,000.00.) Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S AND SELLER'S OBLIGATIONS Conditions to Purchaser's Obligations C.\ NPOOCS \ACITY\Rf_PROJS\AN_Grimea \M111er \ Contract \04_09— O1.vp0 /e1;. 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 ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Georgetown Title Company (the "Title Company ") of 1717 N. Mays, Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of three (3) days after Purchaser receives the updated 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 may, but shall not be obligated, to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable, or unwilling 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. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before May 15, 2001, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible 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 2 (iii) Any exceptions approved by Purchaser in writing. (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, 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) The aforesaid General Warranty Deed will include provisions that it is being delivered in lieu of condemnation. 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 relating to the Property and then due and payable, 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 3 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 Title Company, the sum of Five Hundred Dollars ($500.00), 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, or the failure of any condition to Seller's obligations provided herein, 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) bring suit for specific performance, or (3) 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 4 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 (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 5 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 (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. SE LER: J. MIi , Ind vidually And as Independent ecutrix of The Estate of Roger Allen Miller, Deceased Date: April 1/ , 2001 PURCHASER: 6 Robert A. Stluka, Jr., Mayor 221 E. Main Street Round Rock, Texas 78664 Date: *(21"0 7 1.49 Acres P.A. Holder Survey A -267 Williamson County, Texas Page 1 of 3 FN 2083R (TWH) January 2, 2001 SAM, Inc. Job No. 99105 -20 DESCRIPTION OF A 1.49 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 1.50 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO ROGER A. MILLER AND WIFE SUZANNE B. MILLER, AS RECORDED IN VOLUME 790, PAGE 892 OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.49 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a railroad spike found (called for in deed) for an interior ell corner of the remainder of a called 27.61 acre tract of land (hereinafter referred to as the remainder tract) described in the deed to James J. Hoover and wife, Sue S. Hoover, as recorded in Volume 649, Page 114 of the Deed Records Williamson County, Texas, being the northwest corner of the tract described herein, and the POINT OF BEGINNING; THENCE with a common line of said remainder tract and said 1.50 acre tract, S 80° 29' 08" E, a distance of 229.25 feet to a calculated point for the northeast corner of the tract described herein, from which a fence corner post found (called for in deed) bears S 80° 29' E, a distance of 1.9 feet, and from which point a %-inch iron rod found in the common line of said remainder tract and a called 23.217 acre tract of land described in the deed to Sue Hoover as recorded in Volume 2137, Page 218 of the Official Records of Williamson County, Texas bears, N 02° 31' 10" W, a distance of 905.60 feet; THENCE with the west line of said 23.217 acre tract, being the east line of said remainder tract, S 02° 31' 10" E, passing at a distance of 237.77 feet a 'A-inch iron rod found, and continuing for a total distance of 304.64 feet to a calculated point in the approximate centerline of Lake Creek, being in the north line of a called 33.61 acre tract of land described in the deed to Continental Homes of Texas, L.P., as recorded in Document No. 2000065504 of the Official Records Williamson County, Texas, for the southwest corner of said 23.217 acre tract and the southeast corner of the tract described herein, from which a 3/8 -inch iron rod found in said approximate creek centerline, same being in the south line of said 23.217 acre tract, and being the northeast comer of said 33.61 acre tract bears S 74° 30' 01" E a distance of 242.83 feet; THENCE with the approximate centerline of Lake Creek, same being the common line of said 33.61 acre tract and said 1.50 acre tract, N 74° 30' 01" W a distance of 193.60 feet to a calculated point for the southwest comer of the tract described herein; 1.49 Acres P.A. Holder Survey A -267 Williamson County, Texas FN 2083R (TWFI) January 2, 2001 SAM, Inc. Job No. 99105 -20 THENCE with the common lines of said remainder tract and said 1.50 acre tract, the following two (2) courses and distances: 1. N 20 57' 52" W, a distance of 185.19 feet to a'A -inch iron rod found, and 2. N 06° 28' 15" E, a distance of 118.32 feet to the POINT OF BEGINNING and containing 1.49 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That I, Keith A. Jimenez, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during December 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 11 day of January 2001 A.D. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 Page 2 of 3 W APPRO /IaAT� TER 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNO• LEDGE AND : LIEF. E TH A. JIMENE REGISTERED P NO. 4329, STA SSION OF TEX RAILROAD SPIKE FOUND N 10 2 N cci M • $ 1 SURVEYOR P.A. HOLDER SURVEY 1 SB9. 29 . 08r, f P of N74. 30• CONTINENTAL HOMES OF TEXAS, L.P. CALLED 33.61 ACRES DOC No. 2000065504 O.R.W.C.TX. NOTES BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. DATE A -267 1.49 ACRES 2 29.25 19 3 a tD 0 SEE DETAIL A • I N 1 JANUARY,2001 P.A. HOLDER SURVEY A -267 WILLIAMSON COUNTY, TEXAS SCALE 1".60' 0 30 60 SUE HOOVER CALLED 23.217 ACRES VOL. 2137, PG. 218 O.R.W.C.TX. DETAIL A 580. 39 , E FENCE CORNER POST FOUND DETAIL NOT TO SCALE S7�.JD•0) f 4 Die LEGEND CONCRETE MONUMENT SET CALCULATED PONT Ye RON R00 SET W /CM UNLESS NOTED %9" RON R00 FOUND UNLESS NOTED RECORD PFONUATION PONT OF BELNNNG PONT OF COWENONG RON ROD FOUND RON PPE F0150 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WELIA0SON COUNTY. TEXAS DEED RECORDS WILLIAMSON COUNTY. TEXAS s UAVETING•AERIAL RAPPING•ENGINEERINC 4029 Caplal of Texas Highway. To IMC. Br08io Oaks Prolessanal Plaza, yule 125 A,0.1, Taus 78704 (512) 447-0575 Fax (512) 326-3029 EASEMENT PLAT SHOWING PROPERTY OF ROGER A. MILLER AND SUZANNE B. MILLER PAGE 3 OF 3 REF. FIELD NOTE NO. 2083R DATE: April 20, 2001 SUBJECT: City Council Meeting — April 26, 2001 Resource: Tom Word, Traffic Engineer Julie Wolff, Legal Assistant ITEM: 14.D.3. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Sarah Miller for right -of -way for the A. W. Grimes Boulevard Project. History: Right -of -way needed for construction of A.W. Grimes Boulevard. Funding: Cost: $175,000 Source of funds: Economic Development Outside Resources: Pinnacle Consulting Management Group Impact: Construction of A. W. Grimes Boulevard Benefit: Construction of A. W. Grimes Boulevard Public Comment: N/A Sponsor: N/A , O/ 2' -/733 7 k) . 1 0 Georgetown Title Company; Inc. Date: May 4, , 2001 Grantor: SARAH J. MILLER, Individually and as Independent Executrix of THE ESTATE OF ROGER ALLEN MILLER, DECEASED Grantor's Mailing Address (including county): SARAH J. MILLER 9950 Lord Byron Circle Round Rock, TX 78664 County Grantee: CITY OF ROUND ROCK Grantee's Mailing Address (including county): CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 Williamson County CASH WARRANTY DEED 2001031577 4 P9S CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): 1.49 acres of land, more or less, out of the P. A. HOLDER SURVEY, Abstract No. 297 in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's CASH WARRANTY DEED - PAGE 1 L: \WPOOLS \GTTITLE \100IW�L WPU /kq heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY OF A r I1 Iy1 i° PREPARED IN THE OFFICE OF: Sheets & Crossfie •, 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Georgetown Title Company, Inc. P.O. Box 835 Round Rock, Texas 75650 CASH WARRANTY DEED - PAGE 2 ACKNOWLEDGMENT § § J — A - A AdlY SARAH J. MILLWIndiv dually and as Independent Executrix of THE ESTATE OF ROGER ALLEN MILLER, DECEASED This instrument was acknowledged before me on the '7 day of , 2001, by SARAH J. MILLER, Individually and as Independent Executrix of THE ESTATE OF ROGER ALLEN MILLER, DECEASED. ry P . tas' of Texas dl_L MORGAN - :.': Nota y-Pa :ic ...,._ • My Commission Expires: JULY 17, 2002 ' 1.49 Acres P.A. Holder Survey A -267 Williamson County, Texas EXHIBIT 1 Page 1 of 3 FN 2083R (TWH) January 2, 2001 SAM, Inc. Job No. 99105 -20 DESCRIPTION OF A 1.49 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 1.50 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO ROGER A. MILLER AND WIFE SUZANNE B. MILLER, AS RECORDED IN VOLUME 790, PAGE 892 OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.49 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a railroad spike found (called for in deed) for an interior ell corner of the remainder of a called 27.61 acre tract of land (hereinafter referred to as the remainder tract) described in the deed to James J. Hoover and wife, Sue S. Hoover, as recorded in Volume 649, Page 114 of the Deed Records Williamson County, Texas, being the northwest corner of the tract described herein, and the POINT OF BEGINNING; THENCE with a common line of said remainder tract and said 1.50 acre tract, S 80° 29' 08" E, a distance of 229.25 feet to a calculated point for the northeast corner of the tract described herein, from which a fence comer post found (called for in deed) bears S 80° 29' E, a distance of 1.9 feet, and from which point a Vo -inch iron rod found in the common line of said remainder tract and a called 23.217 acre tract of land described in the deed to Sue Hoover as recorded in Volume 2137, Page 218 of the Official Records of Williamson County, Texas bears, N 02° 31' 10" W, a distance of 905.60 feet; THENCE with the west line of said 23.217 acre tract, being the east line of said remainder tract, S 02° 31' 10" E, passing at a distance of 237.77 feet a ''A -inch iron rod found, and continuing for a total distance of 304.64 feet to a calculated point in the approximate centerline of Lake Creek, being in the north line of a called 33.61 acre tract of land described in the deed to Continental Homes of Texas, L.P., as recorded in Document No. 2000065504 of the Official Records Williamson County, Texas, for the southwest comer of said 23.217 acre tract and the southeast comer of the tract described herein, from which a 3/8 -inch iron rod found in said approximate creek centerline, same being in the south line of said 23.217 acre tract, and being the northeast corner of said 33.61 acre tract bears S 74° 30' 01" E a distance of 242.83 feet; THENCE with the approximate centerline of Lake Creek, same being the common line of said 33.61 acre tract and said 1.50 acre tract, N 74° 30' 01" W a distance of 193.60 feet to a calculated point for the southwest corner of the tract described herein; 1.49 Acres P.A. Holder Survey A -267 Williamson County, Texas THENCE with the common lines of said remainder tract and said 1.50 acre tract, the following two (2) courses and distances: 1. N 20° 57' 52" W, a distance of 185.19 feet to a !4 -inch iron rod found, and 2. N 06° 28' 15" E, a distance of 118.32 feet to the POINT OF BEGINNING and containing 1.49 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF WILLIAMSON That I, Keith A. Jimenez, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during December 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 1 l day ofJanuary 2001 A.D. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: FILED MD RECORDED OFFICIAL PUBLIC RECORDS 05- 07 -200f 03:55 PM 2001031577 ANDERSON $15.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY' TEXAS Page 2 of 3 FN 2083R (TWH) January 2, 2001 SAM, Inc. Job No. 99105 -20 r - ithA.Ji -z Registered i essio : . nd Surveyor No. 4329 - Sta e of Texas