Loading...
R-01-06-14-16E4 - 6/14/2001THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK u I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City. The attached is a true and correct copy of Resolution No. R- O1- 06- 14 -16E4 which was approved by the City Council of the City of Round Rock, Texas at a regular meeting held on the 14th day of June 2001 as recorded on page 191 in Book 45 of the City Council Minutes. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this the 5th day of June 2002. 2002042744 10 pgs CHRISTINE R. MARTINEZ, City Secretary RESOLUTION NO. R- 01- 06- 14 -16E4 WHEREAS, in order to begin the construction of A.W. Grimes Boulevard, it is necessary to obtain the right to possession and use of certain property belonging to Dale E. Werner, and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, 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 Possession and Use Agreement for Transportation Purposes with Dale E. Werner to grant to the City the necessary rights for the construction of A.W. Grimes Boulevard, a copy of said agreement 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. O. \APLOCS \AESOLVPI \Al 061964 .19PO /¢c ATTEST: RESOLVED this 14th day of June, 2001. LAND, City Secretary 2 ROBE A. STLUKA, JR., Ma 6 City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement ( "Agreement, ") effective the )q day of June, 2001 between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and Dale E. Werner, herein referred to as ( "Grantor".) RECITALS A. As set forth below, this Agreement grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of the proposed A.W. Grimes Blvd. (Arterial `B ") referred to herein as the "Project." The property involved is described more fully in field notes and plat maps attached hereto as Exhibit "A" and made a part of this Agreement by reference (the "Property"). Subject to the terms hereof and for the consideration paid by the City to Grantor which is set forth in paragraph 2 below, the receipt and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys to the City exclusive possession and use of the Property for the purpose of constructing the Project and appurtenances thereto and the right to remove any and all improvements from the Property. This Agreement will also extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future and will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. 2. In full consideration for this irrevocable grant of possession and use by Grantor, the City will pay to the Grantor contemporaneously with the execution of this Agreement the sum of Twenty -six Thousand Fifty -five and no /100 Dollars ($26,055.00). The parties agree that this sum will be applied to and offset from any award, final settlement or consideration later paid by the City to Grantor for the acquisition of the Property pursuant to eminent domain proceedings or a contract of sale covering the Property. Upon Grantor's actual receipt of good funds in the amount of $26,055.00, the City will be entitled to take immediate possession and use of the Property pursuant to the terms of this Agreement. 3. This Agreement is made with the agreement that the City will continue to negotiate in good faith with the Grantor to acquire fee simple title to the Property by direct purchase. It is further agreed that the City will soon institute proceedings in eminent domain to acquire fee title to the Property, and that City will vigorously pursue said eminent domain proceedings. The City agrees that the petition in eminent domain covering the Property will be filed with the appropriate court (the "Court") on or before July 1, 2001 and, if the parties fail to enter into a mutually agreeable contract of sale covering the Property, the Condemnation Commissioners Hearing covering the Property (the "Hearing ") will be held on or before October 1, 2001. If the Commissioners' Award pursuant to the Hearing is 00,(19A162Akt Wyosseasron Agreement Iffnal).NPO /eta 1 more than the consideration paid to Grantor pursuant to paragraph 2, the City agrees to deposit the difference with the Court on or before 14 days after the date of the aforesaid Hearing. The date of taking for eminent domain purposes shall be the effective date of this Agreement. Interest at the rate of 6% per annum will be paid on the balance, if any, eventually determined to be due, from the date of taking. 4. By virtue of the granting of permission to the City to take temporary possession of the Property in accordance with the terms of this Agreement, Grantor does not waive any legal rights or defenses under the Constitution of the United States, the Constitution and Statutes of the State of Texas or any other provisions of law that Grantor may have in connection with the acquisition of rights to the Property by the City under the right of eminent domain or otherwise, including the right to contest the City's authority to acquire the Property by eminent domain. By entering into this Agreement, neither party waives any of their legal rights regarding the condemnation of the Property, including any right to appeal or otherwise complain of any award by Special Commissioners appointed in said eminent domain proceedings. 5. The City's right to enter and possess the Property pursuant to this Agreement will automatically terminate on the fourteenth (14' day following the Commissioners' Award for the Property. Thereafter, continued possession, if at all, will be pursuant to a deposit of a Special Commissioners' Award according to Texas law governing possession in a statutory eminent domain case. 6. One of the purposes of this Agreement is to allow the City to proceed with the construction of the Project without delay. 7. In any conveyance of the Property, Grantor reserves all of the oil, gas, sulphur and other minerals in and under the Property, but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 8. The undersigned Grantor agrees to pay, at the entry of final judgment in an eminent domain proceeding covering the Property, any taxes, including prorated taxes for the current year due as of the above referenced date of taking, and owing and assessed against the Property. 9. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties. 10. It is agreed the City will record this document. 11. It is agreed that this Agreement shall immediately become null and void upon the voluntary conveyance by Grantor of the Property. 00001625.WPD 2 12. Special Provisions 1. Vehicular access to Grantor's remaining property shall not be restricted by the construction more than reasonably necessary. 2. Utilities serving Grantor's remaining property shall not be disconnected more than reasonably necessary. 3. Existing fences and driveways will be replaced, repaired or reconstructed. 4. The Property will not be used as a materials storage area, provided however, the Property may be used for the temporary storage of construction materials to be used in the near future in the immediate vicinity. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the2 � day of May, 2001. GRANTOR: 00001625.WPD 3 Dale E. Werner Li Ju,, Accepted and agreed to by the City this the 1 I 9 day of-May, 2001. S?J?JrJ2A. CITY O 1 ROCK, TEXAS By: R A Stluka, its Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ACKNOWLEDGMENTS This instrument was acknowledged before me on this € k5 day of May, 2001 by Dale E. Wemer. STATE OF TEXAS TERRIWOOOMANCY MY COMMISSION E%PHiES Mardi 27, 2006 COUNTY OF WILLIAMSON 00001625.WPO 4 ,'.'.II.WIil_.. ary Public, State of Texas (Printed or Stamped Name of Notary) My Commission Expires: �( JUG 1 This instrument was acknowledged before me on this 1 ~ day of -May, 2001 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. Not Public, State of Texas 2 h215TP11G rn /J,eT�AJ L (Printed or Stamped Name of Notary) My Commission Expires: g-s- 0.17 Acre FN1780(CMS) Memucan Hunt Survey, Abstract No. 314 May 4, 2000 Williamson County, Texas SAM, Inc. Job No. 99252 -21 DESCRIPTION OF A 0.17 ACRE TRACT OF LAND IN THE MEMUCAN HUNT SURVEY ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 2.50 ACRE TRACT OF LAND DESCRIBED 174 THE DEED TO DALE E. WERNER AS RECORDED IN VOLUME 583, PAGE 262 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.17 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 12 -inch iron rod found for the intersection of the cast right -of -way (ROW) line of County Road No. 170 (variable width ROW), and the south ROW Tine of Roundville Lane (a 50 foot wide road easement) as described in Volume 1125, Page 368 of the Official Records Williamson County, Texas, same being the northwest corner of the said Werner 2.50 acre tract, and the POINT OF BEGINNING; THENCE with said south ROW line, same being the north line of said Werner 2.50 acre tract N 66° 29' 06" E, a distance of 43 27 feet to a 12 -inch von rod with cap set for the northeast comer of the tract described herein, from which the northeast comer of said Werner 2.50 acre tract bears N 66° 29' 06" E, a durance of 589.13 feet; THENCE leaving said common line and crossing sad Werner 2.50 acre tract the following two (2) courses and distances: 1. S 54 16' 42" E, a distance of 30.24 feet to a concrete monument set, and 2. S 54° O8' 28" E, a distance of 169 94 feet to a 12 -inch iron rod with cap set in the common Tine of said Werner 2.50 acre tract and a called 2 50 acre tract of land descnbed in the deed to Lloyd Howard Harrison, Jr. as recorded in Document No. 9452750 of the Official Records Williamson County, Texas, from which the east common comer of said Werner 2.50 acre tract, and said Hanson 2 50 acre tract bears N 66° 28' 04"E, a distance of 588 79 feet; THENCE with said common line of S 66° 28' 04" W, a distance of 43.58 feet to a 1/2 -inch iron rod with cap set for the west common comer of said Harmon 230 acre tram, and said Werner 2.50 acre tract, same bemg in the said cast ROW line; THENCE with said east ROW line, same being the west line of said Werner 2 50 acre tract N 54° 05' 01" W, a distance of 200.04 feet to the POINT OF EEGINNING and containing 0 17 acre 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 TRAVIS KNOW ALL rIEN BY THESE PRESENTS: That I, Michael R. Hatcher, 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 March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 9 day of May, 2000 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 1 of 2 Of Mk ael R. Hatcber Registered Professional No. 4259- State of Texas r R °nJ 00001615.WPD .r / / �� MAY, 2000 MEMUCAN HUNT SURVEY A -314 O' N , WRLIAMSON COUNTY, TEXAS / NOJLR E RW ?TA? ...... SCALE 1"•50' � O J,N OE y B \, 0 25 50 N ...... /. ESG�g G' yD q.J \ N66q'S 73 %., 4, .,,,,,! '•. CALLED 2.50 ACRES F DALE E. WERNER VOL. 583, PG. 262 sS4s 0 ■ O.R.W.C.Tx. , N, 4 '4 8 2 8•. N F ' \ Os � / � 69 i . . NOTES: MEMUCAN HUNT SURVEY A -314 \ 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. I HEREBY CERTFY THAT 71115 SURVEY WAS MADE ON TH GROUND UNDER MY DIRECTION AND SUPERVISION AND THA 1165 PLAT IS TRUE AND CORRECT 70 THE BEST OF MY KNOWLEDGE AND BELIEF. I H L R. HATCH REC1'TERED PROFESSIONA. LAND SURVEYOR N0. 4259. STATE OF TEXAS .A 1 \ �fc Y i CALLED 2.50 ACRES %/6410 , LLOYD HOWARD HARRISON, JR. DOC NO . 94527S \ "4".:Q41.>0 Z ." \ 56 \ 3 59 O.R.W.C.Tx. \ 0 \ f+ N\ y E4\ LEGEND ▪ CONCRETE 001NUENT SET • - PPE P0100 w MO WAESS� LED • h' O SET NI MASS NO1E0 • % - nw ROO EOONO 1eRESS NOTED KCVO woRwib• RP wt. ARO rotpoo a x•r. T• OEPCPa •= RECOR05 wEEwSW cow,. TLRAS sA RECORDS 1.07,4.111.07,4.110N 1.07,4.110N w 00N CO1T TEFAS 0 o•ct R ,. DEED RECORDS •U0w50N COw1T,T1000 • Cg0RlTens HO,. Ec c aw. 000 AWessb4Rv.B.T• 00 «i Fa 074 06DCM RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DALE E. WERNER PAGE 2 OF 2 REF. FIELD NOTE N0. 1780 00001617.WPD RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. Z 01- 06,- /`1- /6Ey FILED MD RECORDED OFFICIAL PUBLIC RECORDS 06- 05- 2002!02:12 PM 2002042744 SUSAN $27.00 NANCY E. RISTER :COUNTY CLERK WILLIAMSON COUNTY: TEXAS Cr CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 RESOLUTION NO. R- O1- 06- 14 -16E4 WHEREAS, in order to begin the construction of A.W. Grimes Boulevard, it is necessary to obtain the right to possession and use of certain property belonging to Dale E. Werner, and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, 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 Possession and Use Agreement for Transportation Purposes with Dale E. Werner to grant to the City the necessary rights for the construction of A.W. Grimes Boulevard, a copy of said agreement 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. O:\ RPDOCS \RSSOLUTI \R10614E4.RPD /SC ATTEST: RESOLVED this 14th day of June, 2001. LAND, City Secretary 2 ma Ad ROBE STLUKA, JR., Ma 6 City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON 9AA9di6aaw?5RpPosseasion Agreement (final).fPD /ala This Possession and Use Agreement ( "Agreement, ") effective the Iy day of June, 2001 between the City of Round Rock, Texas, a home rule municipal corporation (the "City "), and Dale E. Wemer, herein referred to as ( "Grantor".) RECITALS A. As set forth below, this Agreement grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of the proposed A.W. Grimes Blvd. (Arterial `B ") referred to herein as the "Project." The property involved is described more fully in field notes and plat maps attached hereto as Exhibit "A" and made a part of this Agreement by reference (the "Property"). Subject to the terms hereof and for the consideration paid by the City to Grantor which is set forth in paragraph 2 below, the receipt and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys to the City exclusive possession and use of the Property for the purpose of constructing the Project and appurtenances thereto and the right to remove any and all improvements from the Property. This Agreement will also extend to the City, its contractors, assigns and /or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future and will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. 2. In full consideration for this irrevocable grant of possession and use by Grantor, the City will pay to the Grantor contemporaneously with the execution of this Agreement the sum of Twenty -six Thousand Fifty -five and no /100 Dollars ($26,055.00). The parties agree that this sum will be applied to and offset from any award, final settlement or consideration later paid by the City to Grantor for the acquisition of the Property pursuant to eminent domain proceedings or a contract of sale covering the Property. Upon Grantor's actual receipt of good funds in the amount of $26,055.00, the City will be entitled to take immediate possession and use of the Property pursuant to the terms of this Agreement. 3. This Agreement is made with the agreement that the City will continue to negotiate in good faith with the Grantor to acquire fee simple title to the Property by direct purchase. It is further agreed that the City will soon institute proceedings in eminent domain to acquire fee title to the Property, and that City will vigorously pursue said eminent domain proceedings. The City agrees that the petition in eminent domain covering the Property will be filed with the appropriate court (the "Court") on or before July 1, 2001 and, if the parties fail to enter into a mutually agreeable contract of sale covering the Property, the Condemnation Commissioners Hearing covering the Property (the "Hearing ") will be held on or before October 1, 2001. If the Commissioners' Award pursuant to the Hearing is 1 more than the consideration paid to Grantor pursuant to paragraph 2, the City agrees to deposit the difference with the Court on or before 14 days after the date of the aforesaid Hearing. The date of taking for eminent domain purposes shall be the effective date of this Agreement. Interest at the rate of 6% per annum will be paid on the balance, if any, eventually determined to be due, from the date of taking. 4. By virtue of the granting of permission to the City to take temporary possession of the Property in accordance with the terms of this Agreement, Grantor does not waive any legal rights or defenses under the Constitution of the United States, the Constitution and Statutes of the State of Texas or any other provisions of law that Grantor may have in connection with the acquisition of rights to the Property by the City under the right of eminent domain or otherwise, including the right to contest the City's authority to acquire the Property by eminent domain. By entering into this Agreement, neither party waives any of their legal rights regarding the condemnation of the Property, including any right to appeal or otherwise complain of any award by Special Commissioners appointed in said eminent domain proceedings. 5. The City's right to enter and possess the Property pursuant to this Agreement will automatically terminate on the fourteenth (14") day following the Commissioners' Award for the Property. Thereafter, continued possession, if at all, will be pursuant to a deposit of a Special Commissioners' Award according to Texas law governing possession in a statutory eminent domain case. 6. One of the purposes of this Agreement is to allow the City to proceed with the construction of the Project without delay. 7. In any conveyance of the Property, Grantor reserves all of the oil, gas, sulphur and other minerals in and under the Property, but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 8. The undersigned Grantor agrees to pay, at the entry of final judgment in an eminent domain proceeding covering the Property, any taxes, including prorated taxes for the current year due as of the above referenced date of taking, and owing and assessed against the Property. 9. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties. 10. It is agreed the City will record this document. 11. It is agreed that this Agreement shall immediately become null and void upon the voluntary conveyance by Grantor of the Property. 00001625.WPD 2 12. Special Provisions 1. Vehicular access to Grantor's remaining property shall not be restricted by the construction more than reasonably necessary. 2. Utilities serving Grantor's remaining property shall not be disconnected more than reasonably necessary. 3. Existing fences and driveways will be replaced, repaired or reconstructed. 4. The Property will not be used as a materials storage area, provided however, the Property may be used for the temporary storage of construction materials to be used in the near future in the immediate vicinity. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the C day of May, 2001. GRANTOR: elf,- egcniya2A. Dale E. Wemer Junk✓ Accepted and agreed to by the City this the 1'j day of-May, 2001. CITY O _'! I ROCK, TEXAS By: 00001625.WPD 3 R.': A Stluka, its Mayor STATE OF TEXAS COUNTY OF WILLIAMSON Werner. This instrument was acknowledged before me on this A5 day of May, 2001 by Dale E. r .40...., . TERRI WOODHANCY E : i MY COMMISSION WIRES March 27, 2M6 STATE OF TEXAS COUNTY OF WILLIAMSON .... .... eg CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 ACKNOWLEDGMENTS 00001625.WPD 4 140 -- ary Public, State of Texas (Printed or Stamped Name of Notary) My Commission Expires: Notary Public, State of Tcxas C /21,57 fil4,e77N (Printed or Stamped Name of Notary) My Commission Expires: g-s- o Litikre: This instrument was acknowledged before me on this I L i day of-May, 2001 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. 0.17 Acre FN1780(CMS) Mcmucao Hunt Survey, Abstract No. 314 May 4, 2000 Williamson County, Texas SAM, Inc. Job No. 99252 -21 DESCRIPTION OF A 0.17 ACRE TRACT OF LAND IN THE MEMUCAN HUNT SURVEY ABSTRACT N0. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 2.50 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DALE E. WERNER AS RECORDED IN VOLUME 583, PAGE 262 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.17 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I2 -inch iron rod found for the intersection of the east right -of -way (ROW) ]me of County Road No. 170 (variable width ROW), and the south ROW line of Roundvillc Lane (a 50 foot wide road easement) as described in Volume 1125, Page 368 of the Official Records Williamson County, Texas, same being the northwest comer of the said Werner 2 50 acre tract, and the POINT OF BEGINNING; TI ENCE with said south ROW line same being the north line of said Werner 2 50 acre tract N 66° 29' 06" E, a distance of 43 27 feet to a 1/2-inch non rod with cap set for the northeast comer of the tract described herein, from winch the northeast comer of said Wemer 2.50 acre tract bears N 66° 29' 06" E, a distance of589.13 feet; THENCE leaving said common line and crossing said Werner 2.50 acre tract the following two (2) courses and distances: 1. S 54° 16' 42 "E, a distance of 30.24 feet to a concrete monument set, and 2. S 54° 08' 28" E, a distance of 169 94 feet to a 12 -inch iron rad with cap set in the common line of said Werner 2 50 acre tract and a called 2 50 acre tract of land described in the deed to Lloyd Howard Harrison, Ir. as recorded m Document No. 9452750 of the Official Records Williamson County, Texas, from which the east common comer of said Werner 2 50 acre tact, and said Harrison 2.50 acre tract bears N 66° 28' 04" E, a distance of 588.79 feet; THENCE with said common line of S 66° 28' 04" W, a distance of 43.58 feet to a 12 -inch Iron rod with cap set for the west common comer of said Harrison 2 50 acre tract, and said Werner 2 50 acre tract, same being in the said east ROW Ire; THENCE with said east ROW line, same being the west line of said Werner 2 50 acre tact N 54° 05' 01" W, a distance of 200.04 feet to the POINT OF BEGINNING and containing 0.17 acre 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 TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Michael R. Hatcher, 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 March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 9 day of May, 2000 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 1 of 2 Mi ael R. Hatcher Registered Professional L No 4259 - State of Texas 00001615.WPD NOTES 9 .C/64- N 2'I P.O.B. • / / • a /•. RoU . 0 , 0. / lS0\15;G. 5O .101. �. T.9/ / S ssr. 307 ? ?�, CALLED 2.50 ACRES DALE E. WERNER VOL. 583, PG. 262 SSS. O.R.W.C.Tx. h • 2004 .. 563 `"2 MEMUCAN HUNT SURVEY A -314 BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 53. 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. ( \/ 1 HEREBY CERTIFY THAT THIS SURVET WAS MADE ON TA. GROUND UNDER MY DIRECTION AND SUPERVISION AND THA THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. // � �G IrOf ML R. HATCHE TATS REGI'TERED PROFESSIONAL LAND SURVEYOR N0. 4259. STATE OF TEXAS X6 9 N MAY. 2000 MEMUCAN HUNT SURVEY A -314 WILLIAMSON COUNTY. TEXAS SCALE 1 " -50' 0 25 50 H CALLED 2.50 ACRES LLOYD HOWARD HARRISON. JR. DOC. No. 9452750 O.R.W.C.Tx. 4 2' LEGEND CONCRETE PEf01 UNLESS 0 53 0001(0 O h' 9 0N 500 SET •TCAP MESS NOTED • %' 50N ROD r01M0 UNLESS NOTED RECORD NrOFNAUCN •04. POP Or BEADING ••t- PONT Or COaxNCNO ova ww•c uT. MINX RECORDS w'LLNNSON CO T OUR, f o Ntwusw CaniT. T[xa DN. cf.. DEED RECORDS wiLL O SON COUNTT,1Dx S INC. BM. Gip. Tema 0 ,S F USO�a.,a A0m.T7 T 00 71 w Is. wi. w F, 912) 324-3329 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DALE E. WERNER PAGE 2 OF 2 REF. FIELD NOTE N0. 1780 J 00001617.WPD DATE: June 8, 2001 SUBJECT: City Council Meeting — June 14, 2001 ITEM: * 16.E.4. Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement for Transportation Purposes with Dale E. Werner for right -of -way for the A. W. Grimes Boulevard project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Assistant History: This Possession and Use Agreement with Mr. Werner will allow the City to start construction on A. W. Grimes Boulevard. Negotiations to purchase this piece of right -of -way will continue. Funding: Cost: $26,055.00 Source of funds: Outside Resources: The Pinnacle Group Sponsor: N/A Transportation System Development Corporation Impact/Benefit: This project will provide for a new Brushy Creek Crossing and much needed north/south access east of downtown Round Rock. This roadway will greatly enhance mobility and safety. Public Comment: Several meetings with affected property owners.