The URL can be used to link to this page

R-01-10-25-9G1 - 10/25/2001RESOLUTION NO.R- O1- 10- 25 -9G1 WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City of Round Rock and the public - at - large to construct, expand, widen and maintain improvements to A. W. Grimes Blvd., and to perform associated public use and purposes ( "Project "); and WHEREAS, the City of Round Rock, hereby finds that it is a necessity and in the public interest to acquire approximately 2.84 acres of land in Williamson County, Texas, in fee simple, from the following landowners: A. Reavis 1.42 acres in fee simple; B. Wigginton 1.42 acres in fee simple; said land more particularly described in Exhibits "A -E ", attached hereto and incorporated herein by reference for all purposes ( "Property "); and WHEREAS, the City Attorney has continued to engage in negotiations with the landowners, and to this point has been unable to agree on the amount of compensation to be paid the landowners for the acquisition of the Property and that a determination should be made as to the dollar amount the City will tender as part of its good faith negotiation for the fair market value purchase of these property interests; Now Therefore .ODMA\ wounox\ 0. \WDCX \RESOLUTI \R1102501."c" /aic BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That it is necessary for the welfare and public mobility of the City and its citizens and is in the public interest to construct, expand, widen and maintain A.W. Grimes Blvd., and to perform associated public use and purposes and to acquire fee simple title in and to the above described land, in order to allow the City and /or its assigns to complete said Project. That the City Attorney is authorized to continue negotiations to purchase the required property interests. That the maximum amount that the City of Round Rock will tender in any settlement of this matter without subsequent City Council approval of a higher amount prior to the initiation of eminent domain proceedings shall be: A. Reavis property (1.42 acres in fee simple): B. Wigginton property (1.42 acres in fee simple): That the Mayor is hereby authorized and directed to execute on behalf of the City real estate contracts to purchase the above described properties for the above stated amounts. That if it is determined that the purchase of these property interests cannot be reached at or below this amount, then the City Attorney is further authorized to initiate proceedings in eminent 2 a0 $110 $ (0S, 000.°3 domain against the owners and interested parties of the Property to acquire fee simple title in and to the above described land in order to allow the City and /or its assigns to complete said Project, and to perform and undertake all other proceedings or tasks necessary to complete the acquisition of the Property. 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. RESOLVED A TFST : this 25th day of October, 2001 CHRISTINE R. MARTINEZ, City Secre r R0 1=1:- T A. STLUKA, ., Mayor City of Round Rock, Texas 3 1.32 Acre Right -of -Way • ;{ • P.A. Holder Survey, Abstract No. 267 Williamson County, Texas DESCRIPTION OF A 1.32 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.32 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/4 -inch iron rod found in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Arm Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the south common corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas, and said Tract 7, for the southeast corner of the tract described herein; THENCE with said common line of said Tract 6 and said Tract 7, S 73° 05' 51" W, a distance of 137.26 feet to a I/2 -inch iron rod with cap set for the southwest comer of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common corner of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 449.18 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 456.11 feet through a central angle of 02° 17' 33 ", having a radius of 11399.16 feet, and whose chord bears N 06° 53' 42" W, a distance of 456.08 feet to a 112 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document 2000006981of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest comer of the tract described herein from which a 'cinch iron rod found in said south line and being the north common corner of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 986.13 feet; THENCE with the common line of said 150 acre tract and said Tract 7, N 81° 36' 23" E, a distance of 124.75 feet to a calculated point for the northeast corner of the tract described herein from which a %s -inch iron rod found in said south line, and being the northeast corner of said 1.50 acre tract bears N 81° 36' 23" E, a distance of 154.40 feet; THENCE with the common line of said 1.50 acre tract and said tract 7, S 08° 16' 15" E, pass at a distance of 0.39 feet a %a -inch iron rod found, in all a total distance of 435.61 feet to the POINT OF BEGINNING and containing 1.32 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas 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 I! EXHIBIT tt nAu - l 1 KNOW ALL MEN BY THESE PRESENTS: FN1895R1 December 4, 2000 SAM, Inc. Job No. 99105 -20 That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above i 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 7 day of December, 2000 A SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page I of 2 c .el R. Hatcher Reg'. tered Professional Land Survey No. 4259 - State of Texas NOTES: FAMILY 1150 EACRES�TNERSHIP FORSMA ALLED 1, I N81.36'23'£ , 36'2 DOC. No. 2000006981 12 O.P. SBN SG'23 "yi,.J�986.13; XI / 41 % 2 , TRACT 8 i °I / TRACT 7 5� TRACT 9 ` ‘`\ NANCY L. REAVIS AND z I LARRY E. REAVIS F CALLED 4.45 ACRES 1 DOC. No. 9654037 C1 1 1 1 I 1 I II AAy .�e•�� I 1 ROUND ROCK EAST AN UNRECORDED SUBDIVISION P.A. HOLDER SURVEY A -267 m DI 6 - 1 -1 0 G pp 0 m 2 o Gila f7 Z LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON DETAIL NOT TO SCALE 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. DETINLS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH GROUND UNDER MY DIRECTION AND SUPERVISION AND THA THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. M L R. HA CHE REG TERED PROFESSIONAL LAID SURVEYOR NO. 4259, STATE OF TEXAS DETAIL A TRACT 6 CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. A025 CapN,a Texas HOM:.y.So. MC NADA Tame Rau, Sums 125 1512) 447-0575 Fm. 0 ODa E 11 1 I II 11 II II 11 II II II 11 08 36.2yE _ 1 SEE 1 DETAIL A o co m 4 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND, LARRY E. REAVIS I DECEMBER, 2000 P.A. HOLDER SURVEY A -267 WILLIAMSON COUNTY, TEXAS SCALE 1" -100• 0 50 100 HUGH NOEL CALLED 1.50 ACRES DOC. No. 9652164 O.R.W.C.TX. 0 A.02°1 7'33" R- 11399.16' T•228.08' L- 456.11' CB- N06 "W C•456.08' LEGEND • CONCRETE I101WIENT SET A CALCULATED PC015 O Ye NON ROD SET WIC* I0LE55 NOTED • h' NON ROD FDI1• MISS NOTED 1 RECORD !FORMATION .oa PONT Cr DEONt.NG PAG POPIT Di CDYYENCNG ▪ NON ROC P0,1(' ✓ e RON 0.1,11.C.1. OfFFIp/1 E PILOG RECORDS WLLANSOI COUNTY. TEXAS 0AW.0.?. WWI. RECORDS WILLIAMSON COUNTY, TEXAS PAW Cis. PLAT RECORDS 25L1MN50N CBWTY, TEXAS 01.WGTC DEED RECORDS WLLIMSON WATT, TEXAS PAGE 2 OF 2 REF. FIELD NOTE NO. 1895R1 0.10 Acre Slope and Public Utility Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT I y i B n 1 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED' IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision for the west common comer of said Tract 6 and said Tract 7, bears S 73° 0551" W, a distance of438.99 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 457.62 feet through a central angle of 02 18' 08 ", having a radius of 11389.16 feet, and whose chord bears N 06° 53' 23" W, a distance of 457.59 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document No. 2000006981of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest comer of the tract described herein, from which a t4 -inch iron rod found in said south line and being the north common corner of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 976.13 feet; THENCE with said common line of said 150 acre tract and said Tract 7 N 81° 36' 23" E, a distance of 10.00 feet to a 1/2 -inch iron rod with cap set for the northeast corner of the tract described herein from which a %cinch iron rod found in said south line and being the northeast corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 81° 36' 23" E, a distance of 274.40 feet; THENCE crossing said Tract 7 with the arc of a curve to the right a distance of 456.11 feet through a central angle of 02° 17' 33 ", having a radius of 11399.16 feet, and whose chord bears S 06° 53' 42" E, a distance of 456.08 feet to a 112 -inch iron rod with cap set in the common line of said Tract 6 and said Tract 7 for the southeast comer of the tract described herein, from which a 1/4 - inch iron rod found for the south common corner of said 1.50 acre tract of land, and said Tract 7 bears N 73° 05' 51" E, a distance of 137.27 feet; Page I of3 FN1894R December 4, 2000 SAM, Inc. Job No. 99105 -20 • 0.10 Acre Slope and Public Utility Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas THENCE with said common line of said Tract 6 and said Tract 7 S 73° 05' 51" W, a distance of 10.19 feet to the POINT OF BEGINNING and containing 0.10 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas 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 That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify thathe 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 7 day of December, 2000 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: Page 2 of 3 tc ael R. Hatcher Re • istered Professional Land Surveyor No. 4259 - State of Texas FNI894R December 4, 2000 SAM, Inc. Job No. 99105 -20 0 N 50 A- 02*18'D6" R-11389.16' T- 228.84' L•457.62' C84106' 53'23"W C•457.59' 17 40,•02* '33" R•11399.16' T•228.08 L- 456.11' CB -S06° 53'42 "E C- 456.08' 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. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND TH THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANO BELIEF. • DECEMBER, 2000 P.A. HOLDER SURVEY A -267 WLLIAMSON COUNTY, TEXAS SCALE 1"•100' FORSMAN FAMILY LIMITED PARTNERSHIP I I CALLED 150 ACRES , DOC. No. 2000006981 N81.36'23 " 1 I 0.P.R.W.C.TX. • ., 10.00' I 1 / / TRACT 7 / / / / TRACT N 9 NN `„ NANCY L. REAVIS AND LARRY E. REAVIS C1 CALLED 4.45 ACRES DOC. No. 9654037 ROUND ROCK EAST O.R.W.C.TX. AN UNRECORDED SUBDIVISION TRACT 8 MI H R. HATCH R R j AT REGIS EREO PROFESSIONAL LAND SURVEYOR NO. 4 59, STATE OF TEXAS • P•A. HOLDER SURVEY A -267 i1 — ' I ii+ � .o y91 W i 1 cf I II I I I II ii TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R 1.,L - -- 11 274.40' 1 ^ _ NBt• 36'23"E 1 j I 1 11 1 II 11 II 0.10 ACRE 0 ID' II Or 4 O E' r ARTERIAL 8 Ij . 0 O .....x RIGHT- OF- WAY nippO If C2 r _ xNVr- n N. LEGEND • CONCRETE MONUMENT SET • Y' PPE F0M0 UNLESS NOTED O Y' FUN ROD UT W /CAP UILES5 NO00 • Y' NON ROO rONO IRLESS NOTED RECOND KORMATION •as. PONT or DEC••••' P.OL PONT Ci C01•ENCNG PI ROM ROD FOUO w NON PPE FB.0O OPAW CTC OfNCW. PUBLIC RECORDS MLUAUSCN COUNTY. TEXAS oA.Ci.. OF MOM. RECORDS 1LLIAV50N COUNTY. TEXAS 00.11.C.1.. PLAT RECORDS RLLINASON COUNTY. TEXAS Mx.C.0.. DEED RECORDS WLLIAMSON COUNTY, TEXAS 1029 CaplddTVaa MoNmy.So INC. CrabT� Pmlee•oe•P00S.<e 125 TENN F ac R 32-3029 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND LARRY E. REAVIS PAGE 3 OF 3 REF. FIELD NOTE N0. 1894R 1I / N 0.10 Acre Slope and Public Utility Easement • P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT "t ' FNI89IR December 2, 2000 SAM, Inc. Job No. 99105 -20 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 6, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 6.69 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON, AS RECORDED IN VOLUME 845, PAGE 264, OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 5 of said subdivision, same being a called 6.05 acre tract of land as conveyed to Howard J. Wolf and wife, Carolyn Wolf, as recorded in Volume 845, Page 299 of the Deed Records Williamson County, Texas, same being the south line of said Tract 6, for the southwest comer of the tract described herein, from which a 1/4 -inch iron rod found in the east line of East Rock Cove (a 50- foot wide street) as shown in said unrecorded subdivision for the west common comer of said Tract 5 and said Tract 6, bears S 88° 19' 43" W, a distance of 445.51 feet; _ THENCE crossing said Tract 6 with the arc of a curve to the left a distance of 421.88 feet through a central angle of 02° 07' 20 ", having a radius of 11389.16 feet, and whose chord bears N 04° 40' 39" W, a distance of 421.85 feet to a 1/2 -inch iron rod with a cap set in the south line of Tract 7 of said subdivision, same being a called 4.45 acre tract of land described in the deed to Nancy L. Reavis and Lary E. Reavis as recorded in Document No. 9654037 of the Official Records Williamson County, Texas, same being the north line of said Tract 6, for the northwest comer of the tract described herein, from which a 1/2 -inch iron rod found in the east line of said East Rock Cove for the west common corner of said Tract 7 and said Tract 6 bears S 73° 05' 51" W, a distance of 438.99 feet; THENCE with said common line of said Tract 7 and said Tract 6 N 73° 05' 51" E, a distance of 10.19 feet to a I/2- inch iron rod with cap set for the northeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the south common corner of said Tract 7, and a called 1.50 acre tract described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 73° 05' 51" E, a distance of 137.27 feet; THENCE crossing said Tract 6 with the arc of a curve to the right a distance of 424.56 feet through a central angle of 02° 08' 02 ", having a radius of 11399.16 feet, and whose chord bears S 04° 40' 54" E, a distance of 424.53 feet to a 1/2 -inch iron rod with cap set in the common line of said Tract 5 and said Tract 6 for the southeast comer of the tract described herein, from which a I/4 -inch iron rod found for the east common comer of said Tract 5 and said Tract 6 bears N 88° 19' 43" E, a distance of 229.96 feet; Page 1 of 3 r ' 0.10 Acre Slope and Public Utility Easement FN 1891 R . P.A. Holder Survey, Abstract No. 267 December 2, 2000 Williamson County, Texas SAM, Inc. Job No. 99105 -20 THENCE with said common line of said Tract 5 and said Tract 6 S 88° 19' 43" W, a distance of 10.01 feet to the POINT OF BEGINNING and containing 0.10 acre of land, more or Tess. 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 7th day of December, 2000 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 2 of 3 el R. Hatcher stered Professional Land Surveyor No. 4259 - State of Texas • NOTES 1 DECEMBER, 2000 P. A. HOLDER SURVEY A -267 WILLIAMSON COUNTY, TEXAS SCALE 1.100' 0 50 100 TRACT 7 • NANCY L. REAVIS AND LARRY E. REAVIS CALLED 4.45 ACRES DOC. No. 9654037 O.R.W.C.TX. I p -02' 07 r R- 11389.16' T•210.95' L•421.88' CB•N04' 40'39 "W C•421.85' BEARINGS AND COORDINATES ME 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 ANOERSON, RPLS, SURVCON, INC. DETAILS ME NOT DRAWN TO SCALE. MICH L R. HATCHER REGI TERED PROFESSIONAL LAND SURVEYOR N0. 4259, STATE OF TEXAS 43898 �� TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION 508•19'43 "W 445.51' TRACT 5 HOWARD J. WOLF AND WIFE, CAROLYN WOLF CALLED 6.05 ACRES VOL. 845 PAGE 299 D.R.W.C.TX. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND TH THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DAT 1 I I I N73.05'51 "E i ' 10.19' ANT C2 A -02' 08'02" R-11399.15' T•212.30' L•424.56' CB- 504 "E C•424.53' CI P.A. HOLDER SURVEY A -267 '0 S88* 19'43"W 10.01' •� - II 0 I I O I I Onm II .XIZ °C1 10' •1 I o I I k'y LOOZ I 1 -•05 O 11 m I I m ?<n0nr Ilm 4fA'1 0.10 ACRE; C2 ARTERIAL B RIGHT -OF -WAY 0 I I c .4 Im Ii I Iz 11 I I 4 ar. I N88 19 1 229.96' LEGEND ■ CONCRETE YONUIENT SET • Ye PPE TWO UNLESS NOTED o Ye RON R00 SET IT/CAP UNLESS NOTED h' RCN ROO FOUR U .ESS NOTED 1 • 1 RECORD NFORLATICN RAIL PORT CC ■ GMAR •At. PORT OP COA ENRI0 w 8011 R00 FOUND RCN PPE FOOD DARYA .OFFIOAL RADIX RECCR05 YLLUL50N COUNTY. TEXAS OA•tA OFFKLt RECORDS RLUALSO11 COUNTY. TEXAS PA•t, RAT RECORDS RUNISOII COUNTY. TEXAS DA•CY. GEED RECORDS R•LLVYSON COUNTY. TEXAS 0029 C DARd TEAR RoNray. SD INC. Rode Oslo PmI0.0.* 4PLAx. Sues 125 0005 Tem 70204 D12) 447-C67S I 326-3709 RIGHT - OF -WAY PLAT SHOWING PROPERTY OF LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON PAGE 3 OF 3 REF. FIELD NOTE N0. 1891R ' 1.21 Acre Right -of -Way P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT II D II DESCRIPTION OF A 1.21 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 6, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, AS CONVEYED IN THE DEED TO LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON, AS RECORDED IN VOLUME 845, PAGE 264, OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.21 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 with cap set in the north line of Tract 5 of said subdivision, same being a called 6.05 acre tract of land as conveyed to Howard J. Wolf and wife, Carolyn Wolf, as recorded in Volume 845, Page 299 of the Deed Records Williamson County, Texas, same being the south line of said Tract 6, for the southwest corner of the tract described herein, from which a 1/4 -inch iron rod found in the east line of East Rock Cove (a 50- foot wide street) as shown in said unrecorded subdivision, for the west common corner of said Tract 5 and said Tract 6, bears S 88° 19' 43" W, a distance of 455.51 feet; THENCE crossing said Tract 6 with the arc of a curve to the left a distance of 424.56 feet through a central angle of 02° 08' 02 ", having a radius of 11399.16 feet, and whose chord bears N 04° 40' 54" W, a distance of 424.53 feet to a 1/2 -inch iron rod with cap set in the common line of Tract 7 of said subdivision, same being a called 4.45 acre tract of land as described in the deed to Nancy L. Reavis and Larry E. Reavis as recorded in Document No. 9654037 of the Official Records Williamson County, Texas and said Tract 6, for the northwest comer of the tract described herein, from which a 12 -inch iron rod found in the east line of said East Rock Cove, for the west common corner of said Tract 7 and said Tract 6 bears S 73° 05' 51 W, a distance of 449.19 feet; THENCE with the common line of said Tract 7 and said Tract 6 N 73° 05' 51" E, a distance of 122.29 feet to a 12- inch iron rod with cap set for the northeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the south common corner of said Tract 7 and a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 73° 05' 51" E, a distance of 14.98 feet; THENCE crossing said Tract 6 with the arc of a curve to the right a distance of 456.76 feet through a central angle of 02° 16' 19 ", having a radius of 11519.16 feet, and whose chord bears S 04° 43' 49" E, a distance of 456.73 feet to a 12 -inch iron rod with cap set in the common line of said Tract 7 and said Tract 6, for the southeast comer of the tract described herein, from which a 1/4 -inch iron rod found for the east common corner of said Tract 5 and said Tract 6 bears N 88° 19' 43" E, a distance of 109.89 feet; Page 1 of 3 FN 1892 December 4, 2000 SAM, Inc. Job No. 99105 -20 ' 1.21 Acre Right -of -Way FN1892 P.A. Holder Survey, Abstract No. 267 December 4, 2000 Williamson County, Texas SAM, Inc. Job No. 99105 -20 THENCE with the common line of said Tract 5 and said Tract 6 S 88° 19' 43" W, a distance of 120.07 feet to the POINT OF BEGINNING and containing 1.21 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 TRAVIS SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 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 7 day of December, 2000 A. D. Page 2 of 3 Mich • 1 R. Hatcher Regis ered Professional Land Surveyor No. 4259 - State of Texas NANCY L. REAVIS AND LARRY E. REAVIS TRACT 7 CALLED 4.45 ACRES DOC. No. 9654037 — O.R.W.C.TX. DECEMBER. 2000 P.A. HOLDER SURVEY A -267 L49:2?---- WLLIAMSON COUNTY, TEXAS 0 SCAL50V.100 5 -3o 1- 51 1 -- - - NOTES , — C1 A 02 R•11399.16' T•212.30' L•424.56' CB•N04.40'54 "W C•424.53' C2 A- 02 R•11519.16' T•228.41' L•456.76' C8-SO4• 43'49"E C-456.7.3' TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 645 PAGE 264 D.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION TRACT 5 HOWARD J. WOLF AND WIFE, CAROLYN WOLF CALLED 6.05 ACRES VOL.845 PAGE 299 D.R.W.C.TX. P.A. HOLDER SURVEY ::..:. BEARINGS N10 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 CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. MI H L ' .HATCHE REGI TERED PROFESSIONAL LAND SURVEYOR NO. 4259, STATE OF TEXAS DAT C1 t % 1 ; 2 2 2 1 A: 588 455.57 _1 S88° 19'43 "W 120.07' I N73 1 — 14.98' I1. C2 LEGEND 120' r r 888•19.434E _• 109.89' • CONCRETE MONUMENT SET • %T PPE FOUND MESS NOTE0 o %- 8011 ROD SET IT/CAP U1E55 NOTED • Vi RON ROO FOUND 00.095 NOTED RECORD •fORMATON . m PONT OE TCCIN11C .O PONT Cr 00IACNCX40 RF RON ROD 70110 - RON PPE 70(00 ORA.0.Cta OPEC N, PUBLIC RECORDS WILLIA SON COUNTY. TEXAS 0A...CT• O 0M. REC0A05 WtL4W50H COLNTY. TEXAS promT.. PLAT RECORDS WAD/AMON COLNTY, TEXAS •A•LT.. DEED RECORDS MUMMER COLNTY, TEXAS • 400 CNtl8WTem 1SOnay.Sn INC. F.S.o 1z5 Austin Tem a � Plvg,Swe F M RIGHT -OF -WAY PLAT SHOWING PROPERTY OF LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON PAGE 3 OF 3 REF. FIELD NOTE NO. 1892R 0.11 Acre Slope and Public Utility Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas r EXHIBIT _ 11E11 DESCRIPTION OF A 0.11 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 6, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 6.69 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON, AS RECORDED IN VOLUME 845, PAGE 264, OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.11 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 5 of said subdivision, same being a called 6.05 acre tract of land as conveyed to Howard J. Wolf and wife, Carolyn Wolf as recorded in Volume 845, Page 299 of the Deed Records Williamson County, Texas, same being the south line of said Tract 6, for the southeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the east common corner of said Tract 5 and said Tract 6 bears N 88° 19' 43" E, a distance of 99.89 feet; THENCE with said common line of said Tract 5 and said Tract 6 S 88° 19' 43" W, a distance of 10.01 feet to a 1/2- inch iron rod with cap set for the southwest corner of the tract described herein from which a 1/4 -inch irottrod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common corner of said Tract 5 and said Tract 6 bears S 88° 19' 43" W, a distance of 575.59 feet; THENCE crossing said Tract 6 with the arc of a curve to the left a distance of 456.76 feet through a central angle of 02° 16' 19 ", having a radius of 11519.16 feet, and whose chord bears N 04° 43' 49" W, a distance of456.73 feet to a 1/2 -inch iron rod with cap set in the common line of said Tract 6 and Tract 7 of said subdivision, same being a called 4.45 acre tract of land as described in the deed to Nancy L. Reavis and Larry E. Reavis, as recorded in Document No. 9654037 of the Official Records Williamson County, Texas, and said Tract 6, from which a 1/2 -inch iron rod found in the east line of said East Rock Cove, for the west common corner of said Tract 7 and said Tract 6 bears S 73° 05' 51" W, a distance of 571.47 feet; THENCE with the common line of said Tract 7 and said Tract 6 N 73° 05' 51" E, a distance of 10.19 feet to a I/2- inch iron rod with cap set for the northeast corner of the tract described herein from which a 1/4 -inch iron rod found for the south common corner of said Tract 7 and a called 1.50 acre tract of land described in the deed to Hugh Noel, as recorded in Document No. 9652164, of the Official Records Williamson County, Texas bears N 73° 05' 51" E, a distance of 4.79 feet; Page 1 of 3 FN 1893R December 4, 2000 SAM, Inc. Job No. 99105 -20 0.11 Acre Slope and Public Utility Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas THENCE crossing said Tract 6 with the arc of a curve to the right a distance of 459.44 feet through a central angle of 02° 17' 00 ", having a radius of 11529.16 feet, and whose chord bears S 04° 44' 04" E, a distance of 459.41 feet to the POINT OF BEGINNING and containing 0.11 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 That 1, 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 7 day of December, 2000 SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: Page 2 of 3 Mic ' eI R. Hatcher Registered Professional Land Survey No. 4259 - State of Texas FN 1893R December 4,2000 SAM, Inc. Job No. 99105 -20 NOTES: DECEMBER, 2000 P.A. HOLDER SURVEY A -267 WILLIAMSON COUNTY, TEXAS SCALE 1' "100' O 50 100 i 1 TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION CI A- 02 12-11519.16' T•228.41' L•456.76' CB4104. 43 "W C•456.73' P.A. HOLDER R. HATCHER RE TERED PROFESSIONAL LAND SURVEYOR NO. 4259, STATE OF TEXAS NANCY L. REAVIS AND LARRY E. REAVIS CALLED 4.45 ACRES DOC. No. 9654037 O.R.W.C.TX. 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 0000 ANDERSON, RPLS, SURVCON, INC DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON GROUND UNDER MY DIRECTION AND SUPERVISION AND T THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 5y3 o`5 �11 -- DETAE A DETAR NOT TO SCALE - A- 02 R•11529.16' T•229.75' L•459.44' CB- SO4 "E C•459.41' SURVEY A -267 588.19'43 "W TRACT 7 TRACT 5 HOWARD J. WOLF AND WIFE, CAROLYN WOLF CALLED 6.05 ACRES VOL. 845 PAGE 299 D.R. TE X11 ?Il K m ml II I 888 '43"W 575.59' 10' C1 it C2 'O SEE DETAIL A .. 99.89' n a> O9 m E 0 Z fox btog;z O 01X _0.11 ACRE 1 .1 1 988.19'43 "E I LEGEND • CONCRETE IIONIAENT SET • %' PPE 'Ow] UNLESS NOTED O 14 RON NOD SET • /CM MESS NOTED • %- RON 900 FOUND MESS NOTED RECCE° .FORMATION .o.E PONT a OCC.a•O .A.G PONT OF COWENCR: or RON ROD FLOC K RON PPE FOLIO DPA.GT. OFFICW. PUBLIC RECORDS 90UANSON COUNTY. TEXAS DA.GT. OFFICN. RECORDS REIONS09 COUNTY, TEXAS FANG, PLAT RECORDS TIUW6ON COUNTY. TEXAS ...cu. DEED RECORDS WU-ANSON COUNTY. TEXAS 4029 Cao720 TOY N5M.Y,So INC. A.NXP. TOm � Ran. s,eN 125 15121 447-0575 Fo OW) 326 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON PAGE 3 OF 3 REF. FIELD NOTE NO. 1893R I . DATE: October 19, 2001 SUBJECT: City Council Meeting - October 25, 2001 ITEM: 9.G.1. Consider a resolution determining the public necessity for the acquisition of 2.84 acres of land for the proposed A.W. Grimes Boulevard project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. Resource: Steve Sheets, City Attorney Julie Wolff History: This resolution will allow the City Attorney to negotiate for the purchase of the required land, and initiate eminent domain proceedings to acquire the necessary tracts from property owners within the path of the proposed A.W. Grimes Boulevard. The construction of A.W. Grimes will accommodate new development in the southeast quadrant of the City. Funding: Cost: N/A Source of funds: Round Rock Transportation System Development Corporation Outside Resources: Sheets & Crossfield, P.C. Impact/Benefit: Increased mobility in the southeast quadrant of the City. Public Comment: N/A Sponsor: N/A THE STATE OF TEXAS COUNTY OF WILLIAMSON Houston 014015/00000 640538 v RED REAL ESTATE CONTRACT RECITALS ARTICLE I PURCHASE AND SALE 1 ORIGINAL THIS CONTRACT OF SALE ( "Contract ") is made by and between LARRY E. REAVIS, and wife NANCY L. REAVIS (collectively 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. Purchaser has previously threatened condemnation of the Property (described below.) Under threat of condemnation, Seller agrees to convey the Property to Purchaser, and this Contract sets forth the terms and provisions of such sale in lieu of condemnation. By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, two parcels of land situated in Williamson County, Texas, being more particularly described as follows: Parcel 1: 1.32 acre tract as more particularly described in Exhibit A, attached hereto and incorporated herein; and Parcel 2: 0.10 acre tract as more particularly described in Exhibit B, 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. 2.01. The purchase price for the Property shall be the sum of One Hundred Ten Thousand and no /100 Dollars ($110,000.00). 2.02. The Purchase Price shall be paid in cash at the closing. Houuon 014015/00000640538 ¥RED ARTICLE II PURCHASE PRICE Amount of Purchase Price Payment of Purchase Price 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 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) attempt to eliminate, or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done 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 November 15, 2001 or at such time, date, and place as Seller and 2 Purchaser may agree upon (which date is herein referred to as the "closing date "). (a) Deliver to Purchaser a duly executed and acknowledged Special 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: 4.02 in cash. Houston 014015/00000 640538 v RED Seller's Obligations 4.01. At the closing Seller shall: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and (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) As provided in paragraph 9.01 below, Seller is delivering to Purchaser possession of the Property as of the date of this Contract. Purchaser's Obligations At the Closing, Purchaser shall pay 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 3 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. 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. 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 One Thousand and no /100 Dollars ($1,000.00), 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 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. Houston 014015/00000 640538 v RED Closing Costs ARTICLE V REAL ESTATE COMMISSIONS ARTICLE VI ESCROW DEPOSIT 4 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 (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder (except as provided for in Section 9.01 below). 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. 9.01. For the consideration to be paid by the City which is set forth in Paragraph 2.01 above, Seller, by executing this Contract, hereby grants, bargains, sells and conveys to the City immediate possession and use of the Property for the purpose of, at Purchaser's sole cost, expense and risk, constructing a new roadway to be called A.W. Grimes Blvd. (the "Project ") and appurtenances thereto and the right to remove any improvements. The foregoing grant will 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. This grant will allow the Ho,,, 014015!00000640S5 vRED ARTICLE IX SPECIAL PROVISIONS Possession and Use Agreement 5 construction of the Project to begin immediately and prior to the closing date. The purpose of this grant is to allow the City to proceed with its construction project without delay. This grant shall, however, automatically expire upon the expiration or sooner termination of this Contact. Furthermore, if for any reason Purchaser does not close the purchase of the Property, Purchaser will promptly restore the Property to the condition which existed prior to the entry by Purchaser under this section, such restoration obligations of Purchaser to expressly survive the expiration or termination hereof. City Water Service 9.02. City agrees to provide Seller with outside City water service in accordance with the City's ordinances and resolutions governing same. Specifically, the provision of said water service is conditional upon Seller executing the City's standard water service contract which provides, among other things, that the rate is double the in -side City rate and that Seller agrees to petition for annexation upon the request of the City. The water service will be limited to one single family residence. The City agrees to waive payment of the water impact fee. The City agrees to provide a water meter box at the Seller's property line and it will be the responsibility of Seller to connect the meter box to the residence. 9.03. There is an existing swimming pool on Seller's property which must be removed for the project, and the City agrees to fill in the hole with appropriate fill dirt so that the hole is level with the surrounding area. Houston 014015/00000640538 v RED Filling in Existing Pool ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This Contract may not be assigned without the express written consent of Seller. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by FedEx or other similar delivery service or by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the 6 case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (c) 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 (d) 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. I0 th,oIa0I3 /00000 640332 v RFD Legal Construction (e) 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 (f) 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 (g) Time is of the essence in this Contract. Gender (h) 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. 7 Hermon 014015/00000 640538 v RED Effective Date (i) This Contract, with the exception of Article IX, shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article Ix shall be effective upon the execution date of this Contract by Seller, said date appearing below their respective signatures. SELLER: NANCY L.IIREAVIS Date: PURCHASER: Date: 8 5 2001 CIT UND RO , TEXAS Ro t A. Stluka, "r., Mayor 221 E. Main Street Round Rock, Texas 78664 11-g- , 2001 1.32 Acre Right -of -Way P.A. Holder Survey, Abstract No. 267 Williamson County, Texas THE STATE OF TEXAS COUNTY OF TRAVIS SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 A EXHIBIT DESCRIPTION OF A 1.32 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.32 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/4 -inch iron rod found in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the south common comer of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas, and said Tract 7, for the southeast comer of the tract described herein; THENCE with said common line of said Tract 6 and said Tract 7, S 73° 05' 51" W, a distance of 137.26 feet to a 12 -inch iron rod with cap set for the southwest comer of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common corner of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 449.18 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 456.11 feet through a central angle of 02° IT 33 ", having a radius of 11399.16 feet, and whose chord bears N 06° 53' 42" W, a distance of 456.08 feet to a 1/2-inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document 2000006981 of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest comer of the tract described herein from which a %z -inch iron rod found in said south line and being the north common corner of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 986.13 feet; THENCE with the common line of said 150 acre tract and said Tract 7, N 81° 36' 23" E, a distance of 124.75 feet to a calculated point for the northeast comer of the tract described herein from which a %z -inch iron rod found in said south line, and being the northeast corner of said 1.50 acre tract bears N 81° 36' 23" E, a distance of 154.40 feet; THENCE with the common line of said 1.50 acre tract and said tract 7, S 08° 16' 15" E, pass at a distance of 0.39 feet a '/s -inch iron rod found, in all a total distance of 435.61 feet to the POINT OF BEGINNING and containing 1.32 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. 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 7 day of December, 2000 A Page 1 of 2 tc : el R. Hatcher Registered Professional Land Survey No. 4259 - State of Texas FN1895R1 December 4, 2000 SAM, Inc. Job No. 99105 -20 N . NOTES: ILY LIMITED ACRES PATNERSHIP Ii N812375' E ALL FORSMAN CNo 20000 DOC. C,TX. j p.P.R.W • __1 96815' - -l/ — NI / f i / / o I \\ TRACT 9 \\ P.A. i o I / o1 i TRACT 7 0� / m m NANCY L. REAVIS AND I LARRY E. REAVIS CALLED 4.45 ACRES DOC. No. 9654037 CI O.R.W.C.TX. I HOLDER SURVEY A -267 TRACT 8 ROUND ROCK EAST AN UNRECORDED SUBDIVISION DETAIL A m z ao D> �go� -I 0 Of O DETAIL NOT TO SCALE � A9• - /// Nxm� Iv' m'"� § Zin TRACT 6 I 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 CERTIFY THAT THIS SURVEY WAS MADE ON TH GROUND UNDER MY DIRECTION AND SUPERVISION AND THA THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. L R. HA REG -TEREO PROFESSIONAL LAND SURVEYOR No.4259, STATE OF TEXAS LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. D 4029 CaplelaToas ETDOTay, So IMC. Bodo Dale ProlessimalP4 d5Pe 125 004407 78701 (512) 447-0575 Fax (512) 326-3O011 1I II I 1 II II II II 1 3 4p3 18 . _ - _ -.� - - DETAL A 1 HUGH NOEL CALLED 1.50 ACRES DOC. No. 9652164 O.R.W,C.TX. 1P RIGHT -OF -WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND, LARRY E. REAVIS N I DECEMBER, 2000 P.A. HOLDER SURVEY A -267 WILLIAMSON COUNTY, TEXAS SCALE 1•100' 0 50 100 ∎31 III ,0•O2�17'33" II R•11399.16' I T•228.08' 1 I L•456.11' I I 03-N06° 53'42"w 11 C- 456.08' I I I I LEGEND • CONCRETE MODUUENT SET D CALCU.ATEO PONT o N RCN R00 SET r /CIP 1N.ESS NOTED • Y• IRON R00 FOUND UNLESS NOTED N 1 RECORD P4ORDATEN PAi PORT OF DEMING P.O.C. PONT OF COMENRIG F a0,1 ROD CO10 RDN PIPE 00410 02A.°LT.. OFFIOIL P1$IC REC0RD5 1RLW60N C00180. TEXAS 0A.°.c.Na OEFICI4. RECORDS •8.L0L50N COMM TEXAS PA°GT.. RAT RECORDS 1RLW6ON COLNTY. TEXAS AMC., DEED RECORDS 4ELVL50N COWRY, TEXAS PAGE 2 OF 2 REF. FIELD NOTE NO. 1895R1 4I • 0.10 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 Williamson County, Texas EXHIBIT B FN1894R2(CMS) May 18, 2001 SAM, Inc. Job No. 99105 -20 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the southwest comer of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision for the west common comer of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 438.99 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 457.62 feet through a central angle of 02 18' 08 ", having a radius of 11389.16 feet, and whose chord bears N 06° 53' 23" W, a distance of 457.59 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Continental Homes of Texas, L.P. as recorded in Document No. 2000066004 of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest corner of the tract described herein, from which a :4-inch iron rod found in said south line and being the north common comer of Tracts 8 and 9 of said unrecorded subdivision bears S 81 36' 23" W, a distance of 976.13 feet; THENCE with said common line of said 150 acre tract and said Tract 7 N 81 36' 23" E, a distance of 10.00 feet to a 1/2 -inch iron rod with cap set for the northeast comer of the tract described herein from which a Y.-inch iron and found in said south line and being the northeast comer of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 81° 36' 23" E, a distance of 274.40 feet; THENCE crossing said Tract 7 with the arc of a curve to the right a distance of 456.11 feet through a central angle of 02 17' 33 ", having a radius of 11399.16 feet, and whose chord bears S 06° 53' 42" E, a distance of 456.08 feet to a I/2 -inch iron rod with cap set in the common line of said Tract 6 and said Tract 7 for the southeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the south common comer of said 1.50 acre tract of land, and said Tract 7 bears N 73° 05' 51" E, a distance of 137.27 feet; Page 1 of3 0.10 Acre Right -of -Way FN1894R2(CMS) P.A. Holder Survey, Abstract No. 297 May 18, 2001 Williamson County, Texas SAM, Inc. Job No. 99105 -20 THENCE with said common line of said Tract 6 and said Tract 7 S 73° 05' 51" W, a distance of 10.19 feet to the POINT OF BEGINNING and containing 0.10 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas 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 May 2001 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 2nd day of November, 2001 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 2 of 3 Mic el R. Hatcher Re stered Professional Land Surveyor No. 259 - State of Texas • i 5 100 581.36'23"'1 TRACT 8 / TRACT 7 A- 02'18'08" R•11389.16' T•228.84' L- 457.62' CB-N06" 53'23"W C•457.59' A•02'17'33" R•11399.16' T- 228.08 L- 456.11' CB•S06 53'42 "E C- 456.08' NOTES: TRACT 9 `\\N . DECEMBER, 2000 P.A. HOLDER SURVEY A -297 WILLIAMSON COUNTY, TEXAS SCALE 1" -100' II CONTINENTAL HOMES OF TEXAS, L.P. CALLED 151.37 ACRES DOC. No. 2000066004 , N g1. 36' 1 0.P.R.W.C.TX. ti 10.00' I 1 1 Z74. 40' — I 1 l 1 0.10 ACRE; - ARTERIAL B jI RICHT -OF -WAY P.A. HOLDER SURVEY 11 A -297 1 ; NANCY L. REAVIS AND LARRY E. REAVIS C1 CALLED 4.45 ACRES DOC. No. 9654037 O.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION 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. 5 75 . 0 5.5 ! 1 w ^ I 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 KNOWLEDGE AND BELIEF. R A 11 Z/r R. HATCHE /! DAT MIC REGIS ERED PROFESSIONAL LAND SURVEYOR NO. 4 59, STATE OF TEXAS TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W C2 07 =4 0.5.1 5 E -'Yt 1 i '� 6 . S 1 I I I I I 1 I I I I LEGEND • CONCRETE MONUMENT SET • Yi PPE FOLIO UNLESS NOTED • %2 RON R00 SET W /CAP UNLESS NOTED • h RON ROD (0110 MESS NOTED I , RECORD EFOR11ATON PAa PONT CF BECNNNG MC. PONT OF CONENCNO rer NON ROD FOUND Pr NON PPE FOUND ma•AT.. OFFICIAL PUBLIC RECORDS MLLIA140N COUNTY. TEXAS Oar.CT.. ((FICA- RECORDS WLLIAMSON COUNTY, TEXAS PA.r.Lh. PLAT RECORDS WLLIAMSON COUNTY, TEXAS 0* 0.T.. DEED RECORDS WLLIAMSON COUNTY, TEXAS 4029 00(050104T509 HOtrvray. So g, Bro60 oaks Prclessbeal Plain Style 125 Acln,Tms 78704 (512) 447-0575 Fac (512) 3263029 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND LARRY E. REAVIS PAGE 3 OF 3 REF. FIELD NOTE NO. 1894R2 ORIGINAL THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT OF SALE ( "Contract ") is made by and between LARRY J. WIGGINTON, and wife V. ANN WIGGINTON (collectively 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. Purchaser has previously threatened condemnation of the Property (described below.) Under threat of condemnation, Seller agrees to convey the Property to Purchaser, and this Contract sets forth the terms and provisions of such sale in lieu of condemnation. By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, three parcels of land situated in Williamson County, Texas, being more particularly described as follows: Parcel 1: 1.21 acre tract as more particularly described in Exhibit A, attached hereto and incorporated herein; Parcel 2: 0.10 acre tract as more particularly described in Exhibit B, attached hereto and incorporated herein, and Parcel 3: 0.11 acre tract as more particularly described in Exhibit C, 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. Ho, :o, 014015/00000640538 v REU REAL ESTATE CONTRACT RECITALS ARTICLE I PURCHASE AND SALE 1 ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Sixty -five Thousand and no /100 Dollars ($65,000.00). 2.02. The Purchase Price shall be paid in cash at the closing. Houtton 014015/00000640535 v RED Payment of Purchase Price 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 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) attempt to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done 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 November 15, 2001 or at such time, date, and place as Seller and 2 Purchaser may agree upon (which date is herein referred to as the "closing date "). (a) Deliver to Purchaser a duly executed and acknowledged Special 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: 4.02 in cash. Houston 014015/00000 640538 v RED Seller's Obligations 4.01. At the closing Seller shall: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and (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) As provided in paragraph 9.01 below, Seller is delivering to Purchaser possession of the Property as of the date of this Contract. Purchaser's Obligations At the Closing, Purchaser shall pay 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 3 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: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. 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 One Thousand and no /100 Dollars ($1,000.00), 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 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. Hawto n 014015 /00000 640538 v RED 4 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 (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder (except as provided for in Section 9.01 below). 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. 9.01. For the consideration to be paid by the City which is set forth in Paragraph 2.01 above, Seller, by executing this Contract, hereby grants, bargains, sells and conveys to the City immediate possession and use of the Property for the purpose of, at Purchaser's sole cost, expense and risk, constructing a new roadway to be called A.W. Grimes Blvd. (the "Project ") and appurtenances thereto and the right to remove any improvements. The foregoing grant will 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. This grant will allow the Houston 014015/00000 640538 v AED ARTICLE IX SPECIAL PROVISIONS Possession and Use Agreement 5 construction of the Project to begin immediately and prior to the closing date. The purpose of this grant is to allow the City to proceed with its construction project without delay. This grant shall, however, automatically expire upon the expiration or sooner termination of this Contact. Furthermore, if for any reason Purchaser does not close the purchase of the Property, Purchaser will promptly restore the Property to the condition which existed prior to the entry by Purchaser under this section, such restoration obligations of Purchaser to expressly survive the expiration or termination hereof. Miscellaneous Provisions 9.02. (a) Purchaser agrees to construct and install one or more "sleeves" under the roadway between Seller's remaining tracts; the purpose of said sleeve(s) to allow for placement of future utility lines. (b) Purchaser agrees to provide for a curb cut and construct a driveway apron on the right -of -way to provide access from Seller's remaining tract located east of the proposed roadway project. (c) Purchaser agrees to construct and install a fire hydrant at the intersection of Gattis School Road and East Rock Cove and Seller agrees to pay for the cost of the hydrant and associated pipe in the amount of $1,200.00. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This Contract may not be assigned without the express written consent of Seller. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by FedEx or other similar delivery service or 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. Houston 014015/00000640518 v RED 6 (c) 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. (d) 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. (e) 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. (f) 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 (g) Time is of the essence in this Contract. Gender (h) 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. (i) This Contract, with the exception of Article IX, shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX Hoon00 010015100000600533. RFD Texas Law to Apply Parties Bound Legal Construction Prior Agreements Superseded Effective Date 7 shall be effective upon the execution date of this Contract by Seller, said date appearing below their respective signatures. (j) 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 transaction contemplated hereby, including but not necessarily limited to the provisions in Section 9.02, shall survive the closing and shall not be merged therein. Houston 014015/00000 640538 v RED Survival of Certain Provisions SELLER: 8 41107 LAR IGG ON RY 7. PN'P V. ANN WIGGIN Date: 74% e) /bet- , 2001 PURCHASER: CIT OF R UND RO K, TEXAS ByI Robert A. Stluka, fir., Mayor 221 E. Main Street Round Rock, Texas 78664 Date: / 1— D , 2001 1.21 Acre Right -of -Way FN , 2000 P.A. Holder Survey, Abstract No. 297 December 4 4, 2000 Williamson County, Texas SAM, Inc. Job No. 99105 - 20 DESCRIPTION OF A 1.21 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 6, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, AS CONVEYED IN THE DEED TO LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON, AS RECORDED IN VOLUME 845, PAGE 264, OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.21 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 5 of said subdivision, same being a called 6.05 acre tract of land as conveyed to Howard J. Wolf and wife, Carolyn Wolf, as recorded in Volume 845, Page 299 of the Deed Records Williamson County, Texas, same being the south line of said Tract 6, for the southwest corner of the tract described herein, from which a I/4 -inch iron rod found in the east line of East Rock Cove (a 50- foot wide street) as shown in said unrecorded subdivision, for the west common comer of said Tract 5 and said Tract 6, bears S 88° 19' 43" W, a distance of 455.51 feet; THENCE crossing said Tract 6 with the arc of a curve to the left a distance of 424.56 feet through a central angle of 02° 08' 02 ", having a radius of 11399.16 feet, and whose chord bears N 04° 40' 54" W, a distance of 424.53 feet to a 1/2 - inch iron rod with cap set in the common line of Tract 7 of said subdivision, same being a called 4.45 acre tract of land as described in the deed to Nancy L. Reavis and Larry E. Reavis as recorded in Document No. 9654037 of the Official Records Williamson County, Texas and said Tract 6, for the northwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of said East Rock Cove, for the west common comer of said Tract 7 and said Tract 6 bears S 73° 05' 51 W, a distance of 449.19 feet; THENCE with the common line of said Tract 7 and said Tract 6 N 73° 05' 51" E, a distance of 122.29 feet to a 1/2- inch iron rod with cap set for the northeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the south common comer of said Tract 7 and a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 73° 05' 51" E, a distance of 14.98 feet; THENCE crossing said Tract 6 with the arc of a curve to the right a distance of 456.76 feet through a central angle of 02° 16' 19 ", having a radius of 11519.16 feet, and whose chord bears S 04° 43' 49" E, a distance of456.73 feet to a 1/2 -inch iron rod with cap set in the common line of said Tract 7 and said Tract 6, for the southeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the east common comer of said Tract 5 and said Tract 6 bears N 88° 19' 43" E, a distance of 109.89 feet; EXHIBIT 1 Page I of3 • 1.21 Acre Right -of -Way FN1892R2 P.A. Holder Survey, Abstract No. 297 December 4, 2000 Williamson County, Texas SAM, Inc. Job No. 99105 -20 THENCE with the common line of said Tract 5 and said Tract 6 S 88° 19' 43" W, a distance of 120.07 feet to the POINT OF BEGINNING and containing 1.21 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 TRAVIS SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 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 31st day of October, 2001 A. D. Page 2 of 3 Micha l R. Hatcher Reg' ered Professional Land Surveyor No. 4259 - State of Texas m zo> OOH A 00=0 xr4 o c mu, -4r .2-4r10 N 7.1< o --m NOTES= I j - - - - C1 REGI TERM PROFESSIONA LAID SURVEYOR NO. 4259, STATE OF TEXAS SUR/E11NQ.4ELNL M IpINO•ENGINEFasN5 • 0.02 R- 11399.16' T- 212.30' L•424.56' CB•N04 "W C- 424.53' • NANCY L. REAVIS AND LARRY E. REAVIS CALLED 4.45 ACRES DOC. No. 9654037 - O.R.W.C.TX. -- OCTOBER, 2001 P.A. HOLDER SURVEY A -297 449 - WILLIAMSON COUNTY, TEXAS - SCALE 1 S73 o5'51-* - - - - 0 50 100 C2 A -02° 16'19" R- 11519.16' T•228.41' L- 456.76' C8•SO4 C•456.73' TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION 588.19'43 - W 455.51' TRACT 7 TRACT 5 HOWARD J. WOLF AND WIFE, CAROLYN WOLF CALLED 6.05 ACRES VOL. 845 PAGE 299 D.R.W.C.TX. P.A. HOLDER SURVEY A -297 BEARINGS ANO 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. I DETAILS ARE NOT DRAWN TO SCALE. I CERTIFY THAT THIS GROU D MY DIRECTION S AND Y SUPERVISION AND THAT THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. MICH L R. HATC R D ATE 4029 CapdaMNTeas I So. MC bode Oaks Prchascox PWa, Sub 125 dodo. Tama 15104 001 417-C675 Fac 5121 326-3029 1 1 II II Nl X22 291 I! C1 S88• 19'43"W 120.07' RIGHT -OF -WAY PLAT SHOWING PROPERTY OF LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON, 3 ..,,L173' 05'51 14.98' C2 0> Or OnmI A r •= buogz X • 0) A (Tt 1n 120' - i • rp 1 N98 19'43"E ! -0 109.89' LEGEND • ▪ CONCRETE Fp/U I LESS NOTES o Yi RON ROO SET W /CW UNLESS NOTED • h' RON ROD FOUND UNLESS NOTED N 1 RECORD INFORMATION Pm PENT OF COIMEMING DECINPRIG or RON ROD FOUR or 8014 PPE Moo mxN r.. OFFICIAL PORiE RECORDS LL/Aa`.SC# COUNTY. TEXAS wows... OFFICIAL RECORDS WLLMNSON C01MTT, TEXAS Ix N.C.T.. PLAT IECCROS WLLVN5ON COUNTY, TEXAS , WLNLT.. DEED RECORDS 11XLIAMSON COURT, TEXAS PAGE 3 OF 3 REF. FIELD NOTE NO. 1892R2 0.10 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 6, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 6.69 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON, AS RECORDED IN VOLUME 845, PAGE 264, OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/2 -inch iron rod with cap set in the north line of Tract 5 of said subdivision, same being a called 6.05 acre tract of land as conveyed to Howard J. Wolf and wife, Carolyn Wolf, as recorded in Volume 845, Page 299 of the Deed Records Williamson County, Texas, same being the south line of said Tract 6, for the southwest corner of the tract described herein, from which a I/4 -inch iron rod found in the east line of East Rock Cove (a 50- foot wide street) as shown in said unrecorded subdivision for the west common comer of said Tract 5 and said Tract 6, bears S 88° 19' 43" W, a distance of 445.51 feet; THENCE crossing said Tract 6 with the arc of a curve to the left a distance of 421.88 feet through a central angle of 02° 07' 20 ", having a radius of 11389.16 feet, and whose chord bears N 04° 40' 39" W, a distance of 421.85 feet to a 1/2 -inch iron rod with a cap set in the south line of Tract 7 of said subdivision, same being a called 4.45 acre tract of land described in the deed to Nancy L. Reavis and Larry E. Reavis as recorded in Document No. 9654037 of the Official Records Williamson County, Texas, same being the north line of said Tract 6, for the northwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of said East Rock Cove for the west common comer of said Tract 7 and said Tract 6 bears S 73° 05' 51" W, a distance of 438.99 feet; THENCE with said common Line of said Tract 7 and said Tract 6 N 73° 05' 51" E, a distance of 10.19 feet to a 1/2- inch iron rod with cap set for the northeast comer of the tract described herein, from which a 114 -inch iron rod found for the south common comer of said Tract 7, and a called 1.50 acre tract described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 73° 05' 51" E, a distance of 137.27 feet; THENCE crossing said Tract 6 with the are of a curve to the right a distance of 424.56 feet through a central angle of 02° 08' 02 ", having a radius of 11399.16 feet, and whose chord bears S 04° 40' 54" E, a distance of 424.53 feet to a 1/2 -inch iron rod with cap set in the common line of said Tract 5 and said Tract 6 for the southeast comer of the tract described herein, from which a 1/4 -inch iron rod found for the east common comer of said Tract 5 and said Tract 6 bears N 88° 19' 43" E, a distance of 229.96 feet; EXHIBIT f3 Page 1 of 3 FN1891R3 May 18, 2001 SAM, Inc. Job No. 99105 -20 0.10 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 THE STATE OF TEXAS COUNTY OF TRAVIS § SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: Page 2 of 3 Michael R. Hatcher Regis red Professional Land Surveyor No. 4259 - State of Texas FN1891R3 May 18, 2001 SAM, Inc. Job No. 99105 -20 THENCE with said common line of said Tract 5 and said Tract 6 S 88° 19' 43" W, a distance of 10.01 feet to the POINT OF BEGINNING and containing 0.10 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. 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 May 2001 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 31st day of October, 2001 A. D. A OCTOBER, 2001 P. A. HOLDER SURVEY A -297 WILLIAMSON COUNTY, TEXAS SCALE 1 "'100' 0 50 100 ^ m o - CC) Z 0 bo o 0 . 50 0 ra RI <� m NOTES i << t- 02.07'20" R- 11389.16' T- 210.95' L- 421.88' C8 -N04' 40'39 "W C- 421.85' . I. &R 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. TRACT 7 NANCY L. REAVIS AND LARRY E. REAVIS CALLED 4.45 ACRES DOC. No. 9654037 O.R.W.C.TX. TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION P.A. HOLDER SURVEY A -297 588 445.51' TRACT 5 HOWARD J. WOLF AND WIFE, CAROLYN WOLF CALLED 6.05 ACRES VOL. 845 PAGE 299 D.R.W.C.TX. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON T - GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. MICH R. HATCHER -> /17/gt9/ REGI ERED PROFESSIONAL LAND SURVEYOR NO. 4259. STATE OF TEXAS I I 11 II N73' 05'51"E I 10.19' C2 A -02° 08'02" R•11399.16' T- 212.30' L- 424.56' CB•SO4.40'54 "E C- 424.53' C1 C2 S88' 19'43 "W 10.01' ` HT 0.10 ACRE ARTERIAL RIGHT-OF-WAY LEGEND N88 19'43 "E++229.96 ■ CONCRETE MONUMENT SET • Ye PPE f pIU UNLESS NOTED O Ye NON ROD SET WICK' UNLESS NOTED • % - IRON ROD FOUND UNLESS NOTED I RECORD NFORMATI0N ROD. PONT OF DECKING ..0.C. POINT OF COMENCNG Fr) IRON .s DM P F� 80R..C.T,. OFFICIAL PUBIC RECORDS WLUM6p1 COUNTY. TEXAS GII..CT.. OFFICIO/ RECORDS WIUMI50N COURT. TEXAS .R..LTL PLAT RECORDS WLLW60N COUNTY. TEXAS PRLC.T. DEED RECORDS MAMMON COMITY. TEXAS 0 0 ' o9mc - * 0 ,2 bto X N nm . xi A N 4 n 1 1 SURTE1100•AERW. WPPiNO•ERDIN:ERND • 4029 Capts1cMTo. Kolas.), S• INC. � Han.S0 1505 447-0575 Fax 15121026.0029 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON PAGE 3 OF 3 REF. FIELD NOTE NO. 1891R3 • 0.11 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION OF A 0.11 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 6, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 6 69 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON, AS RECORDED IN VOLUME 845, PAGE 264, OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.11 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 5 of said subdivision, same being a called 6.05 acre tract of land as conveyed fo Howard J. Wolf and wife, Carolyn Wolf as recorded in Volume 845, Page 299 of the Deed Records Williamson County, Texas, same being the south line of said Tract 6, for the southeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the east common comer of said Tract 5 and said Tract 6 bears N 88° 19' 43" E, a distance of 99.89 feet; THENCE with said common line of said Tract 5 and said Tract 6 S 88° 19' 43" W, a distance of 10.01 feet to a 1/2- inch iron rod with cap set for the southwest corner of the tract described herein from which a 1/4 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common corner of said Tract 5 and said Tract 6 bears S 88° 19' 43" W, a distance of 575.59 feet; THENCE crossing said Tract 6 with the arc of a curve to the left a distance of 456.76 feet through a central angle of 02° 16' 19 ", having a radius of 11519.16 feet, and whose chord bears N 04° 43' 49" W, a distance of 456.73 feet to a 1/2 - inch iron rod with cap set in the common line of said Tract 6 and Tract 7 of said subdivision, same being a called 4.45 acre tract of land as described in the deed to Nancy L. Reavis and Larry E. Reavis, as recorded in Document No. 9654037 of the Official Records Williamson County, Texas, and said Tract 6, from which a 1/2 - inch iron rod found in the east line of said East Rock Cove, for the west common comer of said Tract 7 and said Tract 6 bears S 73° 05' 51" W, a distance of 571.47 feet; THENCE with the common line of said Tract 7 and said Tract 6 N 73° 05' 51" E, a distance of 10.19 feet to a 1/2- inch iron rod with cap set for the northeast comer of the tract described herein from which a 1/4 -inch iron rod found for the south common corner of said Tract 7 and a called 1.50 acre tract of land described in the deed to Hugh Noel, as recorded in Document No. 9652164, of the Official Records Williamson County, Texas bears N 73° 05' 51" E, a distance of 4.79 feet; 11 EXHIBIT 1 Page 1 of3 FN I893R2 October 31, 2001 SAM, Inc. Job No. 99105 -20 0.11 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 Williamson County, Texas THENCE crossing said Tract 6 with the arc of a curve to the right a distance of 459.44 feet through a central angle of 02° 17' 00 ", having a radius of 11529.16 feet, and whose chord bears S 04° 44' 04" E, a distance of 459.41 feet to the POINT OF BEGINNING and containing 0.11 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, Sttrvcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS § SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: FN 1893112 October 31, 2001 SAM, Inc. Job No. 99105 -20 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 31st day of October, 2001 A. D. Page 2 of 3 Mic : el R. Hatcher Reg stered Professional Land Surveyor No. 4259 - State of Texas —rn 0ZO o-4 mof0 Nzm� c Mtn vy0 o • z NOTES: y lLf 1 N i OCTOBER, 2001 P.A. HOLDER SURVEY A -297 WILLIAMSON COUNTY, TEXAS SCALE r-100' 0 50 100 NANCY L. REAVIS AND LARRY E. REAVIS CALLED 4.45 ACRES DOC. No. 9654037 O.R.W.C.TX. TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION A.02' 6' 19" A-02' 7'00" R- 11519.16' R•11529.16' T•228.41' T•229.75' L•456.76' L•459.44' CB-N04' 43'49"W CB -SO4' 44'04 "E C•456.73' C- 459.41' P.A. HOLDER SURVEY A -297 TEXAS STATE COORDINATES A COORDINATE SYSTEM. EM N 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 CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. M H L R. HATCHER REGI TERED PROFESSIONAL LAND SURVEYOR NO. 4259, STATE OF TEXAS 05 DETAIL A D' E 588'19'43 TRACT 7 TRACT 5 HOWARD J. WOLF AND WIFE, CAROLYN WOLF CALLED 6.05 ACRES VOL. 845 PAGE 299 D.R.W.C.T I I I I II 11 II 11 I I I I II I II I I ARTERIAL B F RIGHT -OF -WAY II II J S88' 19'43 "W 10.01' SEE OETAIL A C1 C2 0.11 ACRE N88 19.43"E -: q 99.89' I ' B LEGEND • CONCRETE MONO/ENT SET • .6" PPE FOLIO UNLESS NOTED o W RCN RDD SET W /CAP UNLESS NOTED • MESS IRON ROD FOUND ESS NOTED 1 1 RECORD *FORMATION ma. PONT OF BECNNPIC P.O.0. PONT OF COMMENCHC w RON ROD FOUR R mom PPE FOUND IWA••.GTa 009001. PIRLIC RECORDS I8LLW501 COwTY. TEXAS 01tLC1- OFF00L RECORDS WIELIAMSON COUNTY. TEXAS P ..C.T.. PLAT RECORDS VLLIMXSON COUNTY. TEXAS DJL•LT. DEED RECORDS *LLI/MSON COUNTY, TEXAS 4029 CaplaldTeos ISplmay, So. INC. (Lode Oaks Prdessicnal Plata Ogle 125 Aoc1n,Te¢ 78704 Fax (5� RIGHT -OF -WAY PLAT SHOWING PROPERTY OF LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON . PAGE 3 OF 3 REF. FIELD NOTE NO. 1893R2