R-02-05-09-16A2 - 5/9/2002RESOLUTION NO. R- 02- 05- 09 -16A2
WHEREAS, the City desires to purchase a 0.882 acre tract of land
and a 0.207 acre tract of land for additional right -of -way for the SH
45 Project, and
WHEREAS, Villages at Warner Ranch PUD, L.P. the owner of the
property, has agreed to sell said property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with Villages at Warner Ranch
PUD, L.P., for the purchase of the above described property, a copy of
said Real Estate Contract being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby. finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 9th day of May, 2112
ATTEST
2.
CHRISTINE R. MARTINEZ, City Secretary
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ROB T A. STLUKA, JR! Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between VILLAGES AT
WARNER RANCH PUD, LP, a Delaware limited partnership (referred to in this Contract as "Seller")
and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock,
Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions
set forth in this Contract.
RECITALS
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.
ARTICLE I
PURCHASE AND SALE
Control of Access Part 1
EXHIBIT
1.01 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 148; Part 1: 0.882 acre tract as more particularly described in Exhibit "A ", attached
hereto and incorporated herein;
Parcel 148; Part 2: 0.207 acre tract as more particularly described in Exhibit "A ", attached
hereto and incorporated herein,
together with all and singular the rights and appurtenances pertaining to the property, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real
property, rights, and appurtenances being referred to in this Contract as the "Property "), together with
any improvements, fixtures, and personal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and conditions set forth below.
1.02 With respect to Parcel 148, Part 1, as described above, Seller hereby acknowledges that
its use of and access to the expressway lanes to be constructed in conjunction with the highway
improvement project for which the land hereby conveyed shall become a part, shall be and forever
remain subject to the same regulation by legally constituted authority as applies to the public's use
thereof; and Seller further acknowledges that the design and operation of such project require that access
from Seller's remaining property to said project shall be governed henceforth as indicated in Paragraphs
(A)and (B) hereinbelow;
(A) Access to and from Seller's remaining property will be permitted:
To the remainder abutting the highway facility.
(B) Access to and from Seller's remaining property will be denied:
Access will not be denied.
Control of Access Part 2
1.03 With respect to Parcel 148, Part 2, as described above, Seller hereby acknowledges that
its use of and access to the expressway lanes to be constructed in conjunction with the highway
improvement project for which the land hereby conveyed shall become a part, shall be and forever
remain subject to the same regulation by legally constituted authority as applies to the public's use
thereof; and Seller further acknowledges that the design and operation of such project require that access
from Seller's remaining property to said project shall be governed henceforth as indicated in Paragraphs
(A), (B), and (C) hereinbelow; and all abutter's rights, including rights of ingress and egress and the
right of direct access to and from Seller's remaining property to said project, which have accrued or
might otherwise accrue to Seller, its successors or assigns are hereby waived, released and relinquished
insofar as they appertain to Paragraphs (B) and (C) hereinbelow:
(A) Access to and from Seller's remaining property will be permitted:
To the remainder abutting the highway facility between a point being the beginning of
the first call and a point being 50 feet S 75° 16' 28" W of the beginning of the second
call for the description of Parcel 148, Part 2 as shown on Exhibit "A ".
(B)
Access to and from Seller's remaining property will be denied:
To the remainder abutting the highway facility between a point being 75 feet S 75° 16'
28" W of the beginning of the second call and a point being 350 feet (arc length) in a
southwesterly direction from the beginning of the third call of the description of Parcel
148, Part 2 as shown on Exhibit "A ".
(C) Access to the Seller's remaining property will be permitted and access from the Seller's
remaining property will be denied:
To the remainder abutting the highway facility between a point being 350 feet (arc
length) in a southwesterly direction from the beginning of the third call to a point being
the end of the fourth call of the description of Parcel 148, Part as shown on Exhibit "A ".
Seller acknowledges that the Special Warranty Deed provided for herein will contain language
limiting the access to Seller's remaining property as set forth above.
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ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The Purchase Price (the "Purchase Price ") for the Property shall be the sum of Three
Hundred Forty -seven Thousand and no /100 Dollars ($347,000.00). Seller and Purchaser acknowledge
and agree that Purchaser has paid to Seller a portion of the Purchase Price in the amount of $248,253.00
(the "Prepaid Amount ") in accordance with that certain Possession and Use Agreement for
Transportation Purposes dated as of January 25, 2001, executed by and between Seller and Purchaser
duly filed for record under Document No. 2001009080 in the Official Records of Williamson County,
Texas, which amount shall be credited to the Purchase Price at Closing.
Payment of Purchase Price
2.02. The balance of the Purchase Price shall be paid by Purchaser to Seller in cash at the
Closing.
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. Within ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd., Round
Rock, Texas 78664, to issue a title commitment (the "Title Commitment "), committing the Title
Company to issue the Owner's Title Policy pursuant to the terms and conditions thereof. Purchaser has
been afforded the opportunity to fully inspect the Property, the state of title thereto and all other matters
relating to the Property, including its feasibility and its suitability for Purchaser's intended use, and
Purchaser hereby approves and agrees to purchase the Property subject to those items set forth on
Exhibit "B" attached hereto and made a part hereof for all purposes, general real estate taxes for the year
of Closing and subsequent years not yet due and payable and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership (the "Permitted Exceptions ").
Conditions to Seller's Obligations
3.02. As additional consideration for Seller entering into this Contract and conveying the
Property to Purchaser, Purchaser has agreed to convey to Seller, pursuant to the terms of this Section
3.02, the strip of land as contemplated by the final paragraph of Section 15.2 of that one certain
Agreement and Development Plan Warner Ranch Planned Unit Development No. 42 (the "PUD "), as
approved by Ordinance No. Z- 99- 08- 12 -9B6, adopted by the Round Rock City Council on August 12,
1999, as depicted on Exhibit "C" attached hereto (the "CR170 Tract ").
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(a) Within ten (10) days after the Effective Date of this Contract, Purchaser, at its sole cost and
expense, shall deliver, or cause to be delivered, to Seller a title commitment issued by the
Title Company and a current, staked, on- the - ground survey prepared by a licensed surveyor
in the State of Texas and meeting the requirements of a Category 1 A, Condition II survey of
the Texas Surveyors Association Standards and Specifications. After the survey has been
prepared and approved by Purchaser and Seller, the legal description from such survey will
be substituted for the legal description of the CR170 Tract contained herein. All revisions to
the aforementioned survey requested by Seller shall be at Seller's cost and expense.
(b) At Closing, Purchaser shall deliver to Seller a duly executed and acknowledged Special
Warranty Deed, in the form attached hereto as Exhibit "D ", conveying good and indefeasible
title in fee simple to the CR170 Tract, free and clear of any and all monetary liens and
encumbrances and being subject only to those matters approved by Seller in the title
commitment issued pursuant to Section 3.02(a) hereof.
(c) PURCHASER SHALL SELL AND CONVEY TO SELLER AND SELLER SHALL
ACCEPT THE CR170 TRACT "AS IS, WHERE IS, WITH ALL FAULTS" EXISTING AS
OF THE EFFECTIVE DATE OF THIS CONTRACT, EXCEPT TO THE EXTENT
EXPRESSLY PROVIDED OTHERWISE IN THIS CONTRACT, INCLUDING,
WITHOUT LIMITATION, AS SPECIFIED IN SECTION 3.02(b) ABOVE AND IN THE
AFOREMENTIONED SPECIAL WARRANTY DEED.
(d) In the event Purchaser fails to satisfy the obligations set forth in this Section 3.02 as
provided herein, Seller shall have the right to either bring suit for damages against Purchaser
or enforce specific performance against Purchaser as provided in Article VIII hereof.
ARTICLE IV
CLOSING
The consummation of the purchase of the Property by Purchaser from Seller in accordance with
the terms and provisions hereof (the "Closing") shall be held at the Title Company on or before May 24,
2002, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein
referred to as the "Closing Date ").
4.01. At the Closing, Seller shall:
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Seller's Obligations
(a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed, in the
,form attached hereto as Exhibit "E ", 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 Permitted Exceptions.
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Purchaser's Obligations
4.02 At the Closing, Purchaser shall:
(a) Pay the Purchase Price in cash to Seller;
(b) Pay for the 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 the Permitted Exceptions and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy;
(c) Execute, acknowledge and deliver the Special Warranty Deed for the CR170 Tract in
accordance with Section 3.02(b) hereof.
Prorations
4.03 General real estate taxes for the then current year relating to the Property, shall be prorated
as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall occur before the
tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax
rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments
to the Closing Date relating to the Property and then due and payable, shall be paid by Seller. Purchaser
will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property.
The provisions of this Section 4.03 shall survive conveyance of the Property by Seller to Purchaser.
Closing Costs
4.04 All costs and expenses of Closing in consummating the sale and purchase of the Property
shall be bome and paid as follows:
1. Owner's Title Policy for the Property paid by Purchaser;
2. Filing fees for deed paid by Purchaser.
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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
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Contract, Purchaser shall deliver to the Title Company following the execution hereof, 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 Section 3.01 hereof
following receipt of Seller's written notice terminating this Contract, in which event neither party shall
have any further obligations hereunder except for any obligations set forth herein which specifically
survive the termination 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
Section 3.01 have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and
as provided for in Section 3.01, then the Escrow Deposit shall be forthwith returned by the Title
Company to Purchaser following receipt of Purchaser's written notice terminating this Contract, in
which event neither party shall have any further obligations hereunder except for any obligations set
forth herein which specifically survive the termination hereof.
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) waive any of such requirements and complete the purchase of the Property as herein provided; or
(3) 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).
In the event Purchaser should fail to consummate the purchase of the Property, the conditions to
Purchaser's obligations set forth in Section 3.01 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. The
provisions of item (1) above shall survive the termination of this Contract.
In the event Purchaser shall fail to satisfy any of its obligations as set forth in Section 3.02
hereof, Seller shall have the right to (1) enforce specific performance against Purchaser or (2) bring suit
for damages against Purchaser. The provisions of item (2) shall survive the termination of this Contract
and both (1) and (2) shall survive the conveyance of the Property by Seller to Purchaser as expressed in
the Memorandum.
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ARTICLE VIII
BREACH BY PURCHASER
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ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (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 Federal Express 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.
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.
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.
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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.
Effective Date
(i) This Contract shall be effective as of the date it is approved by the City Council, which
date is indicated beneath the Mayor's signature below (the "Effective Date "). In the event this Contract
has not been approved by the City Council on or before May 9, 2002, this Contract shall be deemed null
and void and of no force and effect.
Survival of Certain Provisions
(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 shall survive the Closing and shall not be merged therein.
(k) PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE
WARRANTIES OF If1LE EXPRESSLY PROVIDED HEREIN, SELLER HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES OF
HABITABILITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE), WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO
THE PROPERTY, THE ENVIRONMENTAL AND SOIL CONDITIONS OR THE SUITABILITY OF THE
PROPERTY FOR PURCHASER'S INTENDED USE THEREOF AND PURCHASER, BY ITS ACCEPTANCE
HEREOF, ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY "AS IS ", "WHERE
IS" AND "WITH ALL FAULTS ".
(1) In the event of any litigation between Seller and Purchaser arising under this Contract,
the prevailing party will be entitled to recover its reasonable attorney's fees, costs and expenses in
enforcing its rights under this Contract from the non - prevailing party. This provision shall survive the
Closing.
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As -Is Conveyance
Litigation Costs
[signatures appear on the following page]
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SELLER:
VILLAGES AT WARNER RANCH PUD, LP,
a Delaware limited partnership
By: THC /Southwest Division Limited Partnership,
a Texas limited partnership, its general partner
By: Hanover G.P. LLC, a Texas limited
liability company, its general partner
By:
Kathy K. Binford
Vice President
c/o The Hanover Company
5847 San Felipe, Suite 3600
Houston, Texas 77057
Date: , 2002
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
221 E. Main Street
Round Rock, Texas 78664
Date: , 2002
9
County: Williamson
Parcel No.: 148
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
PART 1
EXHIBIT
"
FIELD NOTE DESCRIPTION FOR PARCEL 148
Page 1 of 5
June 15, 2000
DESCRIPTION OF A 0.882 ACRE (38,414 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION OF THE REMAINDER OF A CALLED 138.543 ACRE TRACT OF LAND (TRACT I), THE
REMAINDER OF A CALLED 0.363 ACRE TRACT OF LAND (TRACT II), AND THE REMAINDER OF A
CALLED 0 928 ACRE TRACT OF LAND (TRACT III) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.882 ACRE (38,414 SQUARE
FEET) TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS
PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT) Type II concrete monument set in the east Right -
of -Way (ROW) line of Jazz Street (a 70 -foot wide ROW) dedicated in Remington Heights, Phase I, Section A a
subdivision of record in Cabinet N, Slide 238 of the Plat Records Williamson County, Texas (P.R.W.C.TX.), same
being the west line of said Tract III, also being in the proposed south ROW line of State Highway 45, for the
southwest corner of the tract described herein, and being 262.82 feet right of Survey Baseline Station 615 +85.49,
from which a 1/2 -inch iron rod found bears S 16° 33' 52" E, a distance of 545.51 feet;
1) THENCE with the common line of Jazz street, and said Tract III, N 16° 33' 52" W, a distance of 113.72
feet to a calculated point, for the common corner of a tract of land dedicated to the City of Round Rock for
Public Right of Way purposes, executed on October 21', 1999 (recording information not available as of
June 15 2000), and the northwest corner of the remainder of said Tract III, also being the northwest
corner of the tract described herein;
2) THENCE leaving said common line with the common line of said City of Round Rock tract and the
remainders of said Tract III, Tract II, and Tract I N73 °30'23 "E, a distance of 488.85 feet to a calculated
point in the west ROW line of Warner Ranch Drive (having a variable width R.O.W.) as shown on the plat
of Warner Ranch Phase 1 -A, recorded in Cabinet S, Slide 25 -28 of the P.R.W.C.TX., and being the
northeast corner of the tract described herein;
3) THENCE with said ROW line, S09 °57'47 "E, a distance of 92.77 feet to a Texas Department of
Transportation (TxDOT) Type II concrete monument set, same being the southeast corner of the tract
described herein and being 264.77 feet right of Survey Baseline Station 620 +62.79;
THENCE crossing said Tract I, Tract II, and Tract III, the following six (6) courses and distances, numbered 4
through 9:
4) N 61° 21' 10" W, a distance of 38.10 feet to a TXDOT Type II concrete monument set, being 236.47 feet
right of Survey Baseline Station 620 +37.28,
FN1756R 20081 -20
Page 2 of 5
June 15, 2000
5) with the arc of a curve to the right a distance of 179.53 feet through a central angle of 01° 46' 25 ", having a
radius of 5800.00 feet, and whose chord bears S 68° 11' 39" W, a distance of 179.53 feet to a TXDOT Type
II concrete monument set, being 244.25 feet right of Survey Baseline Station 618 +57.92,
6) S 74° 21' 59" W, a distance of 151.66 feet to a TXDOT Type II concrete monument set, being 234.50 feet
right of Survey Baseline Station 617 +06.57,
7) with the arc of a curve to the right passing at an arc distance of 3.42 feet a TXDOT Type II concrete
monument set, being 234.50 feet right of Survey Baseline Station 617 +03.15, continuing for a total arc
distance of 46.53 feet, through a central angle of 00° 27' 38 ", having a radius of 5788.00 feet, and whose
chord bears S 70° 48' 23" W, a distance of 46.53 feet to a TXDOT Type II concrete monument set, being
234.43 feet right of Survey Baseline Station 616 +60.48,
8) S 70° 59' 21" W, a distance of 45.79 feet to a TXDOT Type II concrete monument set, being 234.32 feet
right of Survey Baseline Station 616 +15.15, and
9) S 27° 11' 26" W, a distance of 41.50 feet to the POINT OF BEGINNING and containing 0.882 acre
(38,414 square feet) of land, more or less.
PART 2
DESCRIPTION OF A 0.207 ACRE (8,996 SQUARE FEET) TRACT OF LAND LOCATED IN THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 138.543 ACRE TRACT OF LAND (TRACT I) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.207 ACRE (8,996 SQUARE FEET)
TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation ( TxDOT) Type II concrete monument set in the west Right -
of -Way (ROW) line of County Road 170 (a varying width ROW, no recording information found), same being the
east line of the remainder of said 138.543 acre tract, also being in the proposed south ROW line of State Highway
45, for the southeast corner of the tract described herein and being 211.50 feet right of Survey Baseline Station
629 +30.95, from which a 1/2 -inch iron rod found in said common line bears S 54° 10' 38" E, a distance of 512.78
feet;
THENCE crossing the remainder of said 138.543 acre tract with the proposed south ROW line of said State
Highway 45 the following four (4) courses and distances, numbered 1 through 4:
1) S 70° 40' 42" W, a distance of 189.05 feet to a TXDOT Type II concrete monument set, being 211.50 feet
right of Survey Baseline Station 627 +41.90,
2) S 75° 16' 28" W, a distance of 149.76 feet to a TXDOT Type II concrete monument set, being 199.50 feet
right of Survey Baseline Station 625 +92.62,
3) with the arc of a curve to the left an arc distance of 391.14 feet, through a central angle of 03° 55' 29 ",
having a radius of 5710.00 feet, and whose chord bears, S 68° 42' 58" W, a distance of 391.06 feet to a
TXDOT Type II concrete monument set, being 212.89 feet right of Survey Baseline Station 622 +01.79, and
4) S 28° 22' 08" W, a distance of 46.30 feet to a TXDOT Type II concrete monument set in the east ROW line
of Warner Ranch Drive (having a variable width ROW) as shown on the plat of Warner Ranch Phase 1 -A,
recorded in Cabinet S, Slide 25 -28, of the Plat Records of Williamson County, Texas, same being a west
line of the remainder of said 138.543 acre tract, being 244.62 feet right of Survey Baseline Station
621 +67.55, from which a '/cinch iron rod with a plastic cap found in said common line bears,
S09 °57'47 "E, a distance of 58.27 feet;
FN1756R 20081 -20
5) THENCE with said common line, N 09° 57' 47" W, a distance of 66.74 feet to a calculated point for the
west common corner of the remainder of said 138.543 acre tract, and a tract of land conveyed to the City of
Round Rock for "right -of -way purposes ", executed October 21, 1999, no recording information available
as of June 15, 2000, and being the northwest corner of the tract described herein, from which a'h -inch iron
rod with a plastic cap found in said east R.O.W. line, same being the west line of said City of Round Rock
tract, bears, N09 °57'47 "W, a distance of 100.00 feet;
THENCE with the south line of said City of Round Rock tract, same being a north line of the remainder of said
138.543 acre tract the following three (3) courses and distances, numbered 6 through 8:
6) N 73° 30' 23" E, a distance of 659.04 feet to a calculated point,
7) N 00° 02' 14" W, a distance of 10.50 feet to a calculated point, and
8) N 69° 13' 25" E, a distance of 81.97 feet to a calculated point in the west Right -of -Way line of said County
Road 170, same being the east line of the remainder of said 138.543 acre tract and being the northeast
corner of the tract described herein;
9) THENCE with said common line, S 54° 10' 38" E, a distance of 15.57 feet to the POINT OF
BEGINNING and containing 0.207 acre (8996 square feet) of land, more or Tess.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
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 June 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 16 day of June, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
Micha R. Hatcher
Regis red Professional Land Surveyor
No. 4259 - State of Texas
Page 3 of 5
June 15, 2000
FN1756R 20081 -20
•
PARCEL INFORMATION - BLOCK
PMCEL
14 ` ,. ,..
0.882 AC.
PMT 1
138.414 SO. FT.,
DEED ACREAGE
REMAINDER
139.834 AC:
138.95 AC.
16.091.169 50. FT..
(8.052.662 9 02
°WFF14MSON SCALE COUNTY, TEXAS
I' 1" =100'
I
1 q�j
l
STATE OF TEXAS
1.620 ACRES _':_::
VOL 1544 PG. 20
O.R.W.C.Tx.
1-1
03
W N
q ° x
o zi
N4 -�
" 0
P.O.B.
615 -8'.49
N6 0i '.932.234
E- 314
CITY OF ROUND ROCK
DEED. FOR "PUBLIC RIGHT -OF -WAY PURPOSES"
EXECU OCTOBER 21,1999
RECORDf�1G INFORMATION NOT AVAILABLE AS
OF JUNE 15, 2000
P.O.R
NOTES
CO
O
. 0
J
U
0
J
Q
U
616.15.15
234.32' RT
L1 L2
527°1026"W S70° 59'2
41.50' 45.79'
L3
561° 2110CW
38.10'
C1
A -0011' 46'25"
L 1 5 7 g 9.5 0'
T -89.7
C8. 568 "W
C-1/9.53'
MEMUCAN HUNT
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.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND, OR OTHER. IMPROVEMENTS
NOT SHOWN.
DETAILS ARE NOT DRAWN TO SCALE.
SAM
SURVEYING•AERIAL MAPPING•ENGINEERING
4029 Caplaicl Texas HVIway,50.
INC. 3104ie oaks Professional Plaza. Suite 125
Austin. Texas 78704
1512) 447-0575
Far. 15121 326-3029
STATE HWY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.WJ
PART 1
0.882 ACRE
;li 55 "'W (38414 SO tT3
66 -- - .._
617.06 618.57.92 ® PROPO SED
R• O . 11,1 • LINE
620.62.
- "234 244.25'171' 264.77
VILLAGES AT WARNER RANCH PUD, L.P.
REMAINDER
CALLED 138.543 ACRES
DOC. No. 199965664
O.P.R.W.C.Tx.
C2 TRACT I
0.00 °27'38"
R- 5788.00'
L- 46.53'
T- 23.27'
CB -S70° 48'23 "W
C- 46.53'
C3
A -00 °02
R- 5788.00'
L•3.42'
7-7> '
CB -S70° 38'31"W
C•3.42'
(ETAIL C
SURVEY A -314
ASA THOMAS' SURVEY A -609
% C2
�O9� C3
_\:
617.03.15 617.06.57 1
'. 234 RT 234.50' RTI
APPROXIMATE LOCATION OF SU
Iy 70'40' 43" E 5060.48'
SURVEY BASELINE
EXISTING R.O_WV. LINE
LEGEND
VET LINE
RVEY BASEL /NE
CURVE DATA
P1 5to 608.79.45
N - 10/50946.5082
E • 3139856)589
�- 4'07' 1Y 1LT.,
O - O'15'00'
L - 1648)1'
T • 824.41'
R - 229/829'
PC Ste 600.55.04
PT Sla 617.03)5
TYPE I CONCRETE MONUMENT FOUND
TYPE II CONCRETE MONUMENT FOUND
TYPE RCONCRETE MONUMENT SET
%" PIPE FOUND UNLESS NOTED
12" ROD SET W/ TXDOT CAP UNLESS NOTED
/i " IRON ROD FOUND UNLESS NOTED
60 0 NAIL SET UNLESS NOTED
60 0 NAIL FOUND UNLESS NOTED
CALCULATED POINT
PROPERTY LINE
CENTER LINE
[ 1 RECORD INFORMATION
P AA. P01NT OF BEGINNING
P.O.C. P01NT OF COMMENCING
PAR. POINT OF REFERENCE
• POINT OF CURVATURE
Pi, POINT OF TANGENCY
NT NON - TANGENT CURVE
RON R00 FOUND
Fr RON PIPE FOUND
P.u.E. PUBLIC UTILITY EASEMENT
0.P.R.w.Gr°. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY, TEXAS
O.Rwt.1.. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS
.. PLAT RECORDS WILLIAMSON COUNTY. TEXAS
O.9.9.0.1.. DEED RECORDS WILLIAMSON COUNTY. TEXAS
1
RIGHT -OF -WAY PLAT PAGE 4 of 5
SHOWING PROPERTY OF REF. FIELD
VILLAGES AT WARNER RANCH PUD, L.P. NOTE N0 8 P
PARCEL 1 4 A 8 PART 1
PARCEL INFORMATION BLOCK
PARCEL N0.
TAXING ACRES
144
0.207 AC.
PMT 2
(9.017 50. FT.)
DEED ACREAGE
REMAINDER
138.543 AC.
139.59 AC.
(6.834.933 S0, ST.'
(6.080.540 50. FT.)
62167.55
244,62' RT .E L4
0.'
hV
659.04'
SAM
SURSEYING•AERIAL MAPPING•ENGINEERING
04, ACA
DETAIL B l0( OSe0 Al
0 .
81.97' ` Fs s44 1,
0
o h
O
o
96, �rP
DETAIL C S -�
189.05'
0 9
/ N \ Q- / A )
% 659.04' O O F�ti C1.
C10 149.76' 1 1 •- . �S 'P
`� 625 92.62 f •C -T C '
199.50' RT • , 6 6 , '' <
C4 s l•A
, -03 °55'29"
R- 5710.00'
L- 391.14'
T•195.65'
LEGEND CB -S68° 42'58 "W
C•391.06'
• TYPE I CONCRETE MONUMENT FOUND
CI TYPE II CONCRETE MONUMENT FOUND
TYPE II CONCRETE MONUMENT SET
%" PIPE FOUND UNLESS NOTED
%• IRON ROD SET W/ T %DDT CAP UNLESS NOTED
IRON ROD FOUND UNLESS NOTED
60 D NAL SET UNLESS NOTED
60 0 NAIL FOUND UNLESS NOTED
CALCULATED POINT
PROPERTY LINE
R CENTER LINE
[ 1 RECORD iNFORMATiON
0.0.0. PONT OF BEGINNING
C. POINT OF COMMENCING
R. POINT OF REFERENCE
P.C. POINT OF CURVATURE
• POINT OF TANGENCY
NT NON - TANGENT CURVE
▪ WON ROD FOUND
P r IRON PIPE FOUND
PALL PUBLIC UTILITY EASEMENT
0.P.R.W.C.T4. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNT Y. TEXAS
1r. OFFICIAL RECORDS WILLBBASDN COUNTY, TEXAS
6.6.C.i4. PLAT
RECORDS WILLIAMSON COUNTY, TEXAS
O.R.w,C.14. DEED RECORDS WILLIAMSON COUNTY. TEXAS
INC.
•
4029 Capital of Texas Highway, So.
Brooke Oaks Professional Plaza, SUile 125
Austin, Texas 78704
(512) 447-0575
Fax (512) 326 -3029
L4
S28' 22'08 "W
46.30'
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THA
THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
R. HAT
REG.TERED PROFESSIONAL LAND SURVEYOR
N0. 4259, STATE OF TEXAS
4 2
a
PARCEL 148
PART 2
629.30.95
211.50' RT
N• 101514 25.93048
E. 3141862.75591
W
�.
MCO
O 6 -
,
0) ,73
(n
RIGHT -OF -WAY PLAT
SHOWING PROPERTY OF
VILLAGES AT WARNER RANCH PUD, L.P
PAGE 5 OF 5
REF. FIELD
NOTE NO. 1756R
PARCEL 148
PART 2
V
In addition to the Exclusions and Conditions and Stipulations, your Policy will
not cover loss, costs, attorney's fees, and expenses resulting from:
1. The estrictive covenants of record itemized below(We must either
insert specific recording data or delete this exception):
VOLUME 1747, PAGE 34, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights if any of any
spouse of any insured. (Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone, including, ut not limited to,
persons, the public, corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or
perennial rivers and streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established
or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending rom the line of mean low tide to the line of
vegetation, or the rights of access to that area or easement along and
across the area.
(Applies to Owner Policy only.)
5. Standby fees, taxes and - assessments by any taxing authority for year
2001 and subsequent years, and subsequent taxes and assessments by any
axing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the property under Section 11.13, TEXAS TAX
CODE, or because of improvements not assessed for a previous tax year.
6. The terms and conditions of the documents creating your interest in the
land.
7. Materials furnished or labor performed in connection with planned
construction before signing and delivering the lien document described in
Schedule A, if the land is part of the homestead of the owner. (Applies to
the Mortgagee Title Poli Binder on Interim Construction Loan only and
y
mabe deleted if satisfactory evidence is furnished to us before a binder
is issued.)
8. Liens and leases that affect the title to the land, but that are
subordinate to the lien of the insured mortgage. (Applies to Mortgagee
Policy only.)
9. The followin matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception.):
Rights of parties in possession. (Owner's Title Policy only)
10. ANY VISIBLE AND /OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
3- Schedule B (Rev. 1 -1 -93)
MR 1
Case No. 2001 RR 220454 -K (00215)
LAWYERS TITLE INSURANCE CORPORATION
SCHEDULE B
EXCEPTIONS FROM COVERAGE
( CONT. ON SCH. B, PAGE 2 )
EXHIBIT
Valid'only if Schedule A:And C
And Cover Page are Attached
LAWYERS TITLE INSURANCE CORPORATION
SCHEDULE C
Your Policy will (got coyer loss, costs, attorneys fees, and expenses resulting
from the followin requirements that will appear as Exceptions in Schedule B o
the Policy, unless you dispose of these matters to our satisfaction, before the
date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must
be signed, notarized and filed for record.
2. Satisfactory evidence must be provided thy
hat:
interest pe o
persons i
named mediinparagr
paragraph of aSchedulei in that land against the
- all standby fees, taxes, assessments and charges against the property
have been paid,
- all improvements or repairs to the property are completed and accepted by
the owner, and that all contractors sub - contractors laborers and
suppliers have been fully paid and that no mechanic's, laborer's or
materialman's liens have attached to the property,
- there is legal right of access to and from the land,
- (on a Mortgagee Policy only restrictions have not been and will not be
violated that affect the va idity and priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or
interest. -
4. Any defect, lien or other matter that may affect title to the land or
interest insured, that arises or is filed after the effective date of this
Commitment.
5. AFFIDAVIT AS TO DEBTS AND LIENS MUST BE COMPLETED AND SIGNED BY SELLER OR
OWNER - BORROWER AND RETURNED TO AUSTIN TITLE COMPANY BEFORE ISSUANCE OF OUR
POLICY.
6. OF PVILLA LIMITED RANCH PARTNERSHIP AGREEMENT LP.(U ON EXAMINATION FURTHER REQUIREMENTS
MAY BE NECESSARY)
7. PAYMENT OF ANY AND ALL TAXES WHICH MAY $5 DUE AND PAYABLE ON SUBJECT
PROPERTY. (MAY INCLUDE MUD WATER, AND /OR FIRE DISTRICT TAXES, IN WHICH
CASE EXCEPTIONS FOR SUCH DISTRICTS NEED TO BE MADE IN SCHEDULE B OF THIS
COMMITMENT.) TAX INFORMATION NOT IMMEDIATELY AVAILABLE.
PPaag 1 5- Schedule C (Rev. 1 -1 -93)
Case No. 2001 RR 220454 -K (00215)
Countersigned B
Au t
AUSTIN TITLE COMPANY
Valid only if Schedule A And B
And Cover Page are Attached
0.64 Acre Tract
Memucan Hunt Survey A -314
Williamson County, Texas
EXHIBIT
1
DESCRIPTION OF A 0.64 ACRE TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF WILLIAMSON COUNTY
ROAD 170 (CR 170), A VARIABLE WIDTH RIGTH -OF -WAY, SAID 0.64 ACRE TRACT OF LAND AS
SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 -inch iron rod found in the west Right -of -Way (ROW) line of said CR 170, same being the
southeast corner of the remainder of a called 139.834 acre tract of land described in the deed to Villages at Warner
Ranch PUD, LTD. as recorded in Document No. 199965664 of the Official Public Records of Williamson County,
Texas;
THENCE with said common line N 54° 26' 11" W, a distance of 127.17 feet to a 1/2 -inch iron rod with a plastic cap
set for the southwest corner of the tract described herein, and for the POINT OF BEGINNING;
THENCE continuing with said common line the following two (2) courses and distances:
1, N 54° 26' 11" W, a distance of 2.35 feet to a 3/4 -inch iron rod found for an angle point, and
FN 2453 (TWH)
February 13, 2002
SAM, Inc. Job No. 21105 -20
2. N 54° 10' 39" W, a distance of 512.16 feet to a 1/2 -inch iron rod with a plastic cap set for the northwest
corner of the tract described herein from which a 60D nail found for the intersection of the south ROW line
of Louis Henna Boulevard (State Highway 45), a variable width ROW, and said CR 170 for the northeast
corner of said 139.834 acre tract bears with said common line, N 54° 10' 39" W, a distance of 105.96 feet;
THENCE leaving said common line and crossing said CR 170 with the north line of the tract described herein,
N 70° 40' 36" 0, a distance of 99.27 feet to a 1/2 -inch iron rod with a plastic cap set in the west line of Lot 5 of
Henderson Tract Subdivision, a subdivision of record in Cabinet I, Slide 195 of the Plat Records of Williamson
County, Texas, same being described in Exhibit 'A' of an Agreed Judgement to the City of Round Rock recorded in
Document No. 2002012405 of the Official Public Records Williamson County, Texas, for the northeast corner of the
tract described herein, from which a 5/8 -inch iron pipe found in the intersection of the south ROW line of said State
Highway 45 and the east ROW line of said CR 170, for the northwest corner of said Lot 5 bears with said east ROW
line, N 54° 20' 05" W, a distance of 151.43 feet;
Page 1 of 3
0.64 Acre Tract
Memucan Hunt Survey A -314
Williamson County, Texas
THENCE with the common line of said CR 170 and said Lot 5, S 54° 20' 05" E, a distance of 215.69 feet to a 1/2-
inch iron rod with a plastic cap set for the northeast comer of the tract described herein, from which a 1/2 -inch iron
rod found for the southeast corner of said Lot 5 and the northeast corner of Lot 1 of said subdivision bears, with said
east ROW line, S 54° 20' 05" E, a distance of 43.86 feet ;
THENCE leaving said common line and crossing said CR 170 with the are of a curve to the left, a distance of 256.53
feet, through a central angle of 16° 49' 01 ", having a radius of 87400 feet, and a chord which bears S 35° 27' 19" E,
a distance of 255.61 feet to the POINT OF BEGINNING, and containing 0.64 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 WILLIAMSON
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 September 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15 day of February 2002 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
FN 2453 (TWH)
February 13, 2002
SAM, Inc. Job No. 21105 -20
Mich e Hatcher
Regi tered Professional Land Surveyor
No. 4259 - State of Texas
NOTES;
LOTUS HENNA BOULEVARD
STATE HIGHWAY 45 D�
• (VARIABLE WIDTH ROW)
N70 40'36 "E 99.27'
DETAIL
DETAIL NOT TO SCALE
LEGEND
• %. NON PPE FOUND UNLESS NOTED
O YE IRON ROD W/ PLASTIC CAP 0E7
S, 400 NAL F0IRD
• Ve WON NOD FOUND W/ Caw UNLESS NOTED
NECORO INFORLIATION
•,0. PONT OF BEDELUlC
a: POPIT OF COWIENCNO
NON ROD FOUND
PE WON PPE FOUND
aJA.W2.h OFFICIAL PUBLIC RECORDS WILLIMISON
COUNTY. TEXAS
0A...070. OFFICIAL REC0R05 WILLIAMSON COVITY. TEXAS
r.. PLAT RECORDS WILLIAMSON COUNTY. TEXAS
0AW2.1 DEED RECORDS WULWISON COL/111.102Z
O (:),;? >•
O,, 4
9
-/0 1 ,
9'
vs C' T }366 0
s� G
c1 P
A-16' 49•0V I
R•674.00'
T•129.19'
L •256.53'
CB-S35' 27'19"E
C•255.61'
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAO 83.
CENTRAL ZONE ANS 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 THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY
KNOWLEOG B
HATCH R
R. HA - � js1�z
TC TE
TERED PROFESSIONAL LAND SURVEYOR
N014259, STATE OF TEXAS
\ CITY OF ROUND ROCK
EXHIBIT 'A' CALLED 1.79 ACRE
C. No. 2002012405
0.P.R_W.C.TX.
FEBRUARY 2002
MEMUCAN HUNT SURVEY A -314
WILLIAMSON COUNTY, TEXAS
SCALE 1" -50'
0 25 50
C1
5E0 DETAIL •A'
LOT 1
C. 4029 OMNI el Tams IG9hoa7, So.
Mode Oafs Pralessiand Plesa. Rune 125
Alma,. Tams 70704
000 447-0070
Fax (5121 3005007
PROPERTY PLAT
SHOWING A PORTION OF
COUNTY ROAD 170
PAGE 3 OF 3
REF. FIELD
NOTE N0. 2453
0.13 Acre Tract FN 2452 (TWH)
Memucan Hunt Survey A -314 February 13, 2002
Williamson County, Texas SAM, Inc. Job No. 21105 -20
DESCRIPTION OF A 0.13 ACRE TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 5 HENDERSON
TRACT SUBDIVISON, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195 OF THE PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAME BEING DESCRIBED IN EXHIBIT 'A' OF THE AGREED
JUDGEMENT TO THE CITY OF ROUND ROCK, TEXAS RECORDED IN DOCUMENT No 2002012405 OF
THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.13 ACRE TRACT OF LAND
AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 -inch iron rod found in the common line of said Lot 5, Lot 1 of said subdivision, and
Williamson County Road 170, a variable width Right -of -Way (ROW) for the southwest comer of said Lot 5;
THENCE with said common line, N 54° 20' 05" W, a distance of 43.86 feet to a I/2 -inch iron rod with a plastic cap
set for the southwest corner of the tract described herein, and for the POINT OF BEGINNING;
THENCE continuing with said common line, N 54° 20' 05" W, a distance of 215.69 feet to a 1/2 -inch iron rod with
a plastic cap set for the northwest corner of the tract described herein, from which a 5/8 -inch iron pipe found for the
intersection of the south ROW line of Louis Henna Boulevard (State Highway 45), a variable width ROW, and the
east ROW line of said CR 170, same being the northwest corner of said Lot 5, bears with said east ROW line,
N 54° 20' 05" W, a distance of 151.43 feet;
THENCE leaving said common line and crossing said Lot 5 the following three (3) courses and distances:
I. N 70° 40' 36" E, a distance of 27.15 feet to a 1/2 -inch iron rod with a plastic cap set for the northeast corner
of the tract described herein,
2. with the arc of a non - tangent curve to the left, a distance of 124.14 feet through a central angle of
or 07' 09 ", having a radius of 876.00 feet and a chord which bears S 65° 14' 03" E, a distance of 124.03
feet to a 1/2 -inch iron rod set for the southeast comer of the tract described herein, and
3. with the arc of a non - tangent curve to the left, a distance of 90.71 feet through a central angle of 05 56' 48 ",
having a radius of 874.00 feet and a chord which bears S 24° 04' 25" E, a distance of 90.67 feet to the
POINT OF BEGINNING, and containing 0.13 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
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
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 September 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15 day of February 2002 A.D.
Page 1 of 2
Mich. R. Hate ' er
Regi tered Professional
No. 4259 - State of T
{ Ev PRD
S- P E N\\ P 8o p R W RD
�� VS P os
R am• '/
N0TES
C2
n -05° 56'48"
R•874.00'
T•45.40'
L •90.71
CB•524° 04'25"E
C•90.67'
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAO 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 THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT 15 TRUE - D CORRECT TO THE BEST OF MY
KNOWLEDGE AND F.
MICR I L R. HATC'ER
REG -TERED PROFESSIONAL LAND SURVEYOR
NO. 4259. STATE OF TEXAS
CITY OF ROUND ROCK
EXHIBIT 'A' CALLED 1.79 ACRE
DOC. No. 2002012405
0.P.R.W.C.TX.
• be
N ,5 5
N Ai ... c 43'.g. \ F'vi'i cl 2
R ° q�o z F ry T Y o
I t/0
n• OB ' 07'09" \ S ( . ;h ar 0 •2 'S
R- 876.00' 9 3'i'i c "9Q - 09•
T•62.17' \ S 7)
L•124.14' .R 0
CB- S65. 14'03 "E
C•124.03' \ cT�
O� IS /per
GATE
FEBRUARY 2002
MEMUCAN HUNT SURVEY A -314
WILLIAM50N COUNTY, TEXAS
SCALE 1" -50'
0 25 50
LOT 5
HENDERSON TRACT SUBDIVISION
CAB. 1, SL. 195
C1
C2
i
LEGEND
PX NOW W/SMNER FOUR
0• 5/F- IRON PIPE FOUND MASS NOTED
O 'h - MON ROD W/ PLASTIC C.P SET
O CALCLLATEO POMT
• %° IRON R00 F0UN0 W/ CAP 501755 NOTED
P I RECORD EF011YATION
.00. PONT OF BE(BNNVO
Pn.c. POINT OF 0050020 NO
O IRON ROD F00N0
RA RON PIPE POI
OPRA.0 UIE
i,. OFFICIAL PUBLIC RECORDS WEXANS 0
CODNTY. TEXAS
is OFFICIAL RECORDS WLLIAN50N COMITY, TEXAS COUNTY, TEXAS
0 . 0 .0. 0 0 PLAT RECORDS BMW.c.T . DEED RECORDS 0tU000ON GOWTY, TEXAS
LOT 1
4029 CapitalO&Toss 40gP.ay.00.
INC. erode Oaks 10082200022220104 125
A0Nn, Team 78704
012)447-M75
F70 (512) 8282028
PROPERTY PLAT
SHOWING PROPERTY OF
CITY OF ROUND ROCK
PAGE 2 OF 2
REF. FIELD
NOTE NO. 2452
EXHIBIT
H
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF WILLIAMSON §
CITY OF ROUND ROCK, TEXAS, a Texas Home Rule City ("Grantor"), for
and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) in hand paid
to Grantor by VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited
partnership ( "Grantee "), whose mailing address is c/o The Hanover Company, 5847 San
Felipe, Suite 3600, Houston, Texas 77057, and other good and valuable consideration,
the receipt and sufficiency of which consideration are hereby acknowledged, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL AND
CONVEY unto Grantee that certain tract of real property located in Williamson County,
Texas, as more particularly described on Exhibit A attached hereto, incorporated herein
and made a part hereof for all purposes, together with any rights and appurtenances of
Grantor pertaining thereto (the "Property ").
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns
forever; and Grantor does hereby bind itself and its successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof by, through or under Grantor but not otherwise; provided
that this conveyance and the warranty of Grantor herein contained are subject to all
easements, rights -of -way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases,
mineral severances, and other instruments, other than liens and conveyances, that affect
the Property; rights of adjoining owners in any walls and fences situated on a common
boundary; any encroachments or overlapping of improvements; and taxes for the current
year and taxes for prior years due to a change in land usage or ownership, the payment of
which Grantee assumes.
EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER
(INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS
FOR PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE
ENVIRONMENTAL AND SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY
FOR GRANTEE'S INTENDED USE THEREOF AND GRANTEE, BY ITS ACCEPTANCE
HEREOF, ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS ",
"WHERE IS" AND "WITH ALL FAULTS ".
C: \WINDOWS \Temporary Internet Files \OLKC25l \DeedCRl70.doc
1
IN WITNESS WHEREOF, this instrument is executed on this day of
, 2002.
STATE OF TEXAS §
COUNTY OF WILLIAMSON§
C: \WINDOWS \Temporary Internet Files \OLKC251 \DeedCR170.doc
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
This instrument was acknowledged before me on this day of
, 2002, by Robert A. Stluka, Jr., Mayor of the City of
Round Rock, Texas, a Texas Home Rule City, on behalf of said entity.
Notary Public, State of Texas
2
THE STATE OF TEXAS
COUNTY OF HARRIS
MEMORANDUM OF CONTRACT OF SALE
THIS MEMORANDUM OF CONTRACT OF SALE ( "Memorandum ") is made and
entered into effective as of , 2002, between VILLAGES AT WARNER
RANCH PUD, LP, a Delaware limited partnership (the "PUD "), and CITY OF ROUND ROCK, a
Texas Home Rule City (the "City").
WITNESSETH:
The PUD and the City have entered into that certain Real Estate Contract ( "Contract ")
dated of even date herewith covering and affecting, among other things, the real property (the
"Property") more particularly described on Exhibit A, attached hereto and hereby made a part
hereof. The closing of the sale of the Property shall occur within thirty (30) days following the
completion of the construction of the public right -of -way, commonly known as A.W. Grimes
Boulevard located south of SH45, currently under construction by the City, which completion
shall be evidenced by a written notification from the Texas Department of Transportation
( "TxDOT "), certifying that construction of the A.W. Grimes Boulevard located south of SH45
has been completed in accordance with TxDOT's requirements.
This Memorandum is only a memorandum of the Contract solely as it relates to the
Property, and is subject to all of the terms, conditions and provisions of the Contract as related to
the Property. In the event of any inconsistency between the Contract and this Memorandum, the
Contract shall control between the parties. This Memorandum shall be binding against the Property
and on the City, its successors and assigns, and shall inure to the benefit of the PUD and its
successors and assigns, and shall be govemed by and construed in accordance with the laws of the
State of Texas and the United States of America.
This Memorandum may not be modified, amended or terminated except by instrument
signed in writing by the parties hereto.
COUNTY OF HARRIS
EXECUTED effective as of the date first stated in this Memorandum.
THE STATE OF TEXAS
VILLAGES AT WARNER RANCH PUD, LP,
a Delaware limited partnership
By: THC /Southwest Division Limited
Partnership, a Texas limited partnership,
I is general partner
This instrument was acknowledged before me on , 2002 by Kathy K.
Binford, Vice President of Hanover G.P. LLC, a Texas limited liability company, as general partner
of THC /Southwest Division Limited Partnership, as general partner of Villages at Wamer Ranch
PUD, LP, a Delaware limited partnership, on behalf of said partnership.
2
C: \WINDOWS \Temporary Internet Files \OLKC25I \memoContractl .doc
By: Hanover G.P. LLC, a Texas
Limited liability company,
its general partner
By:
Kathy K. Binford
Vice President
Notary Public, State of Texas
EXECUTED effective as of the date first stated in this Memorandum.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
C: \WINDOWS \Temporary Internet Files \OLKC251 memoContractl.doc
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
This instrument was acknowledged before me on , 2002 by Robert A.
Stluka, Jr., Mayor of the City of Round Rock, Texas, a Texas Home Rule City, on behalf of said
City.
3
Notary Public, State of Texas
Parcel: 148, Parts 182
THE STATE OF TEXAS §
5
COUNTY OF WILLIAMSON §
EXHIBIT
E ..
SPECIAL WARRANTY DEED
State Highway 45 Right -of -Way
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed State Highway 45 ( "Project "); and,
WHEREAS, the purchase of the hereinafter - described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, VILLAGES AT WARNER RANCH PUD, LP, a Delaware Limited Partnership,
hereinafter referred to as "Grantor," whether one or more, for and in
consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable
consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt
and sufficiency of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents
do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those
certain tracts or parcels of land lying and being situated in the County of
Williamson , State of Texas, being more particularly described as follows:
00005329.WPD
Parcel 148; Part 1: 0.882 acre tract as more particularly described
in Exhibit "A ", attached hereto and incorporated herein; and
Parcel 148; Part 2: 0.207 acre tract as more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
Grantor reserves all of the oil, gas and sulphur in and under the land
herein conveyed but waives all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
State to take and use all other minerals and materials thereon, therein and
thereunder.
With respect to Parcel 148, Part 1, as described above, Grantor hereby
acknowledges that its use of and access to the expressway lanes to be
constructed in conjunction with the highway improvement project for which the
Land hereby conveyed shall become a part, shall be and forever remain subject
1
to the same regulation by legally constituted authority as applies to the
public's use thereof; and Grantor further acknowledges that the design and
operation of such project require that access from Grantor's remaining property
to said project shall be governed henceforth as indicated in Paragraphs (A)and
(B) hereinbelow;
With respect to Parcel 148, Part 2, as described above, Grantor hereby
acknowledges that its use of and access to the expressway lanes to be
constructed in conjunction with the highway improvement project for which the
Land hereby conveyed shall become a part, shall be and forever remain subject
to the same regulation by legally constituted authority as applies to the
public's use thereof; and Grantor further acknowledges that the design and
operation of such project require that access from Grantor's remaining property
to said project shall be governed henceforth as indicated in Paragraphs (A),
(B), and (C) hereinbelow; and all abutter's rights, including rights of ingress
and egress and the right of direct access to and from Grantor's remaining
property to said project, which have accrued or might otherwise accrue to
Grantor, its successors or assigns are hereby waived, released and relinquished
insofar as they appertain to Paragraphs (B) and (C) hereinbelow:
00005329.WPD
(A) Access to and from Grantor's remaining property will be permitted:
To the remainder abutting the highway facility.
(B) Access to and from Grantor's remaining property will be denied:
Access will not be denied.
(A) Access to and from Grantor's remaining property will be permitted:
To the remainder abutting the highway facility between a
point being the beginning of the first call and a point
being 50 feet S 75° 16' 28" W of the beginning of the
second call for the description of Parcel 148, Part 2 as
shown on Exhibit "A ".
(B) Access to and from Grantor's remaining property will be denied:
To the remainder abutting the highway facility between a
point being 75 feet 5 75° 16' 28" W of the beginning of
the second call and a point being 350 feet (arc length)
in a southwesterly direction from the beginning of the
third call of the description of Parcel 148, Part 2 as
shown on Exhibit "A ".
2
(C) Access to the Grantor's remaining property will be permitted and
access from the Grantor's remaining property will be denied:
To the remainder abutting the highway facility between a
point being 350 feet (arc length), in a southwesterly
direction from the beginning of the third call to a
point being the end of the fourth call of the
description of Parcel 148, Part as shown on Exhibit "A ".
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights -of -way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantor does hereby bind itself, its successors and assigns
to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against
every person whomsoever lawfully claiming or to claim the same or any
part thereof by, through, or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER
(INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR
PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE ENVIRONMENTAL
AND SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY FOR GRANTEE'S
INTENDED USE THEREOF AND GRANTEE, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY "AS IS ", "WHERE IS" AND "WITH ALL FAULTS ".
IN WITNESS WHEREOF, this instrument is executed on this the day of
, 2002.
00005329. W PD
3
00005329.WPD
VILLAGES AT WARNER RANCH PUD, LP
By: THC /Southwest Division Limited
Partnership, its general partner
By: Hanover G.P LLC, its general
partner
By:
4
Kathy K. Binford, Vice President
THE STATE OF TEXAS
COUNTY OF HARRIS
00005329.WPD
5
§
Acknowledgment
This instrument was acknowledged before me on the day of
, 2002, by Kathy K. Binford, Vice President of Hanover
G.P. LLC, a Texas limited liability company and general partner of
THC /Southwest Division Limited Partnership, a Texas limited partnership,
on behalf of said partnership as the general partner of Villages at
Warner Ranch PUD, LP, a Delaware limited partnership, as the act and
deed of said company and partnerships.
5
Notary Public, State of Texas
DATE: May 3, 2002
SUBJECT: City Council Meeting — May 9, 2002
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
Steve Sheets, City Attorney
Outside Resources: None
Impact: N/A
Benefit: City acquires needed right -of —way for A.W. Grimes and SH 45
Public Comment: N/A
Sponsor: N/A
ITEM 16.A.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Villages at Warner Ranch PUD, L.P. for right -
of -way for SH 45.
History: 1) Villages at Warner Ranch PUD, L.P. donated approximately 2.5 acres for
SH 45 right -of -way as part of PUD No. 42. The PUD also provided for the
transfer of future abandoned right -of -way and surplus land west of A.W.
Grimes when the A.W. Grimes right -of -way was finalized.
This agreement transfers 0.78 acre of property pursuant to the PUD
agreement.
2) The agreement also purchases an additional 1.089 acres of additional
right -of -way required to accommodate design changes for SH 45.
Funding:
Cost: $98,747
Source of funds: Transportation System Development Corporation
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK, TEXAS, a Texas Home Rule City ( "Grantor "), for
and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) in hand paid
to Grantor by VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited
partnership ( "Grantee "), whose mailing address is c/o The Hanover Company, 5847 San
Felipe, Suite 3600, Houston, Texas 77057, and other good and valuable consideration,
the receipt and sufficiency of which consideration are hereby acknowledged, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL AND
CONVEY unto Grantee that certain tract of real property located in Williamson County,
Texas, as more particularly described on Exhibit A attached hereto, incorporated herein
and made a part hereof for all purposes, together with any rights and appurtenances of
Grantor pertaining thereto (the "Property").
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns
forever; and Grantor does hereby bind itself and its successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof by, through or under Grantor but not otherwise; provided
that this conveyance and the warranty of Grantor herein contained are subject to all
easements, rights -of -way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases,
mineral severances, and other instruments, other than liens and conveyances, that affect
the Property; rights of adjoining owners in any walls and fences situated on a common
boundary; any encroachments or overlapping of improvements; and taxes for the current
year and taxes for prior years due to a change in land usage or ownership, the payment of
which Grantee assumes.
EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER
(INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS
FOR PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE
ENVIRONMENTAL AND SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY
FOR GRANTEE'S INTENDED USE THEREOF AND GRANTEE, BY ITS ACCEPTANCE
HEREOF, ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS ",
"WHERE IS" AND "WITH ALL FAULTS ".
O: \wdaz\CORR \transprt \SH45 \warner \clsgdocs \00028542.DOC
1
c AdurtL,
IN WITNESS WHEREOF, this instrument is executed on this /3y of
2002.
CITY OF ROUND ROCK, TE
By:
STATE OF TEXAS §
COUNTY OF WILLIAMSON§
This instrument was acknowledged before me on this / j — day of
, 2002, by Nyle Maxwell, Mayor of the City of Round
Roc Texas, a Texas Home Rule City, on behalf of said entity.
01wdox\ CORR\ transprt\SH45 \warner\clsgdocs\00028542, DOC
Nuibituku osai2t41
Notary Public, State of Texas
2
Maxwell, Mayor
0.64 Acre Tract
Memucao Hunt Survey A -314
Williamson County, Texas
FN 2453 (TWH)
February 13, 2002
SAM, Inc. Job No. 21105 -20
DESCRIPTION OF A 0.64 ACRE TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF WILLIAMSON COUNTY
ROAD 170 (CR 170), A VARIABLE WIDTH RIGTH -OF -WAY, SAID 0.64 ACRE TRACT OF LAND AS
SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 -inch i ron rod found in the west Right-of-Way (ROW) Ilne of said CR 170, same being the
southeast corner of the remainder of a called 139.834 acre tract of land described in the deed to Villages at Warner
Ranch PUD, LTD. as recorded in Document No. 199965664 of the Official Public Records of Williamson County,
Texas;
THENCE with said common line N 54° 26' 11" W, a distance of' 127.17 feet to a 12 -inch iron rod with a plastic cap
set for the southwest corner of the tract described herein, and for the POINT OF BEGINNING;
THENCE continuing with said common line the following two (2) courses and distances:
1. N 54° 26' 11" W, a distance of 2.35 feet to a 3/4 -inch iron rod found for an angle point, and
2. N 54° 10' 39" W. a distance of 512.16 feet to a l2 -inch iron rod with a plastic cap sct for the northwest
corner of the tract described herein from which a 60D nail found for the intersection of the south ROW line
of Louis Henna Boulevard (State Highway 45), a variably width ROW, and said CR 170 for the northeast
corner of said 139.834 acre tract bears with said common line, 1-4 54° 10' 39" W, a distance of 105.96 feet
THENCE leaving said common line and crossing said CR 170 with the north line of the tract described herein,
N 70° 40' 36" E, a distance of 99.27 feet to a 1/2 -inch iron rod with a plastic cap set in the west line of Lot 5 of
Henderson Tract Subdivision, a subdivision of record in Cabinet I, Slide 195 of the Plat Records of Williamson
County, Texas, same being described in Exhibit `A' of an Agreed Judgement to the City of Round Rock recorded in
Document No. 2002012405 of the Official Public Records Williamson County, Texas, for the northeast comer of the
tract described herein, from which a 5/8 -inch iron pipe fotmd In the intersection of the south ROW line of said State
Highway 45 and the cast ROW line of said CR 170, for the northwest corner of said Lot 5 bears with said east ROW
line, N 54° 20' 05" W, a distance of 151.43 feet;
Page t of 3
0.64 Acre Tract
Memucan Hunt Survey A -314
Williamson County, Texas
FN 2453 ('f WH)
February 13, 2002
SAM, Inc. Job No. 21105 -20
THENCE with the common line of said CR 170 and said Lot 5, S 54° 20' 05" E, a distance of 215.69 feet to a 1/2-
inch iron rod with a plastic cap set for the northeast corner of the tract described herein, from which a 1/2 -inch iron
rod found for the southeast corner of said Lot 5 and the northeast corner of Lot I of said subdivision bears, with said
east ROW line, S 54° 20' 05" E, a distance of 43.86 feet
THENCE leaving said common line and crossing said CR 170 with the arc of a curve to the left, a distance of 256.53
feet, through a central angle of 16° 49' 01 ", having a radius of 874.00 feet, and a chord which bears 5 35° 27' 19" E,
a distance of255.61 feet lo the POINT OF BEGINNING, and containing 0.64 acre (Aland, more or less.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon. Inc.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY 1TlESE PRESENTS:
That I, Michael IL 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 September 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15 day of February 2002 A.D.
Poge 2 of 3
Mich. e Hatcher
Regi ered Professional Land Surveyor
No. 4259 - State of Texas
P.0.8.
\ CITY OF ROUND EXHIB T 'A' CALLED 17C N
1.79
\ C. No. 2002012405
0.P.R.W.C.TX_
FEBRUARY 2002
MEIJUCAN FR/NT SURVEY A -314
WE.LIAMSON COUNTY, TEXAS
SCALE 1'•50'
0 25 50
NOTES:
LOIUS HENNA BOULEVARD
STATE HIGHWAY 45
• (VARIABLE WIDTH ROW)
$ S
N70" 40'36"E 99.27'
DETAIL 'R
DETAIL NOT TO SCALE
LEGEND
Q' 1E NON PIPE roue M1ESE DOTED
O ' /a ••ON ADD of PLASTID UP SET
A OW NAL EOUD
▪ aON 000 robe WA CM MLEEE DOTED
RECORD 4547R147g44
PITNT FONT Of 50400)40
0 0)70
pr 41011 40 0 14 PE 7 04 4 4 40
OPo cr_ Or(CA waS RECORDS .uwaol
50).77. TE0AE
WOO. NECOROE •RLU•40N CDINTY. T50AS
AT CORDS N1l4Ll601 COWTT, TEEM •'•z' R RE
DEED RECORDS Nilw.SCR COU477.TEX.q
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORO54ATE SYSTEM. NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE U5INC
A SURFACE ADJUSTMENT FACTOR OF 7.00012. AS
PROVIDED BY DOUG ANDERSON. RPLS. SURVCON. INC.
DETAILS ARE NOT DRAWN TO SCALE.
R HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION MD SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEOG
H r R. HATCH R
REC -TEREO PROFESSIONAL LAND SURVEYOR
NO 4259. STATE OF TEXAS
•
INC. 4027 Cap2Wd Tr 1
0 Deal Ono :Rood PIBq 504. 196
Adn Tom 74704
1+'11117-0676
Sac (5121 326
C1
A -16' 49'01"
R- 874.00'
T- 129.19'
L • 256.53'
CB -S35' 27'19 "E
C- 255.6r
Q
PROPERTY PLAT
SHOWING A PORTION OF
COUNTY ROAD 170
SEE DETAIL 'M
PAGE 3 OF 3
REF. FIELD
NOTE N0. 2453
■
0.13 Acre Tract
Memucan Hunt Survey A -314
Williamson County, Texas
DESCRIPTION OF A 0.13 ACRE TRACT OF LAND LOCATED 114 THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 5 HENDERSON
TRACT SUBDIVISON, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195 OF THE PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAME BEING DESCRIBED IN EXHIBIT `A' OF THE AGREED
JUDGEMENT TO THE CITY OF ROUND ROCK, TEXAS RECORDED IN DOCUMENT No. 2002012405 OF
THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.13 ACRE TRACT OF LAND
AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 12 -inch iron rod found in the common line of said Lot 5, Lot 1 of said subdivision, and
Williamson County Road 170, a variable width Right -of -Way (ROW) for the southwest comer of said Lot 5;
THENCE with said common line, N 54° 20' 05" W, a distance of 43.86 feet to a 12 -inch iron rod with a plastic cap
set for the southwest corner of the tenet described herein, and for the POINT OF BEGINNING;
THENCE continuing with said common line, N 54° 20' 05" W, a distance of 215.69 feet to a 12 -inch iron rod with
a plastic cap set for the northwest comer of the tract described herein, from which a 5/8 -inch iron pipe found for the
intersection of the south ROW line of Louis Henna Boulevard (State Highway 45), a variable width ROW, and the
east ROW line of said CR 170, same being the northwest comer of said Lot 5, bears with said east ROW line,
N 54° 20' 05" W, a distance of 151.43 feet;
THENCE leaving said common line and crossing said Lot 5 the following three (3) courses and distances:
1. N 70° 40' 36" E, a distance of 27.15 feet to a 1/2-inch iron rod with a plastic cap set for the northeast corner
of the tract described herein,
2. with the arc of a non - tangent curve to the left, a distance of 124.14 feet through a central angle of
08° 07' 09", having a radius of 876.00 feet and a chord which bears S 65° 14' 03" E, a distance of 124.03
feet to a 12 -inch iron rod set for the southeast corner of the tract described herein, and
3. with the arc of a non- tangent curve to the left, a distance oF90.71 feet through a central angle of 05° 56' 48 ",
having a radius of 874.00 feet and a chord which bears S 24° 04' 25" E, a distance of 90.67 Feet to the
POINT OF BEGINNING, and containing 0.13 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, Surveon, Inc.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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 September 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15" day of February 2002 A.D.
SURVEYING AND MAPPING, Inc
4029 Capital Of Texas Hwy_, So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
Page 1 of 2
FN 2452 (TWH)
February 13, 2002
SAM, Inc_ Job No. 211 05 -20
R. Hate er
Re:' tered Professional
No. 4259 - State of Te
c1
&•08
R. 876.00'
T - 62.17'
L - 124.14'
CB•S65
C- 124.03'
C2
A•05° 56'48"
R- 674.00'
T - 45.40'
L
CB- S24. 04'25 "E
C- 90.67'
NOTES:
AL C N
\ f p C/ ?p.
, e�
C T r ps
S C�� s IS
NNNN • 1q�7
• - 1;
BEARINGS EXAS STATE PP ALE TES DINATE S'STEM. 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 THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE - 0 CORRECT TO THE BEST OF MY
KNOWLEDGE AND :viii. F .
MICHI L R. HAT R
REG TERED PROFESSIONAL LAND SURVEYOR
N0. 4259. STATE OF TEXAS
4109 Caiibloirot. Hl.Jt*V S0.
INC. Oa*, Oa4 om1•fl00 M..5o0c 125
,edit Toga 29701
1612/ (575 3 n
Far (515 529 9020
CITY OF ROUND ROCK
EXHIBIT 'A' CALLED 1.79 ACRE
DOC. No. 2002012405
O.P.R.W.C.TX.
002"1 �56'�
DATE
LOT 5
HENDERSON TRACT SUBDIVISION
CAB. I, SL. 195
P.R. W.C.TX.
PROPERTY PLAT
SHOWING PROPERTY OF
CITY OF ROUND ROCK
FEBRUARY 2002
MEMUCAN HUNT SURVEY A -314
WA.LUVMSON COUNTY. TEXAS
SCALE 1- -50•
0 25 50
LEGEND
i
PR RAE IV/SANER MAO
'O '/ A09 PPE FOLIO UNLESS WED
O Ye 8011 ROD MI PLASM coo SET
A CM.O0_ 9ED PO l9
• (% NON ROD mute Y1 CAP UNLESS NOTED
0 1 REEa7D 00011U7010.1
PONT OF DEGOe410
. w POW OF OCYDENCNO
WW1 7700 FO110
w NON PPE 101.0+D
°PA..., OFFIOK PUBIC RECORDS 11VIVsON
COURT. 710AS
Oi11C11L RECORDS Y
DS WLLSON COMIC. 1E9AS
,ALI PLAT RCCCAOS W0L190SON COMP/. 1ESAS
Ca92.7.. DCCD RECORDS nLLMYSON CO NTE. T00AS
PAGE 2 OF 2
REF. FIELD
NOTE NO 2452
LOT 1
■
Parcel: 148, Parts 1 & 2
THE STATE OF TEXAS S
S
COUNTY OF WILLIAMSON S
SPECIAL WARRANTY DEED
State Highway 45 Right -of -Way
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed State Highway 45 ( "Project "); and,
WHEREAS, the purchase of the hereinafter - described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, VILLAGES AT WARNER RANCH PUD, LP, a Delaware Limited Partnership,
hereinafter referred to as "Grantor," whether one or more, for and in
consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable
consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt
and sufficiency of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents
do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those
certain tracts or parcels of land lying and being situated in the County of
Williamson , State of Texas, being more particularly described as follows:
Parcel 148; Part 1: 0.882 acre tract as more particularly described
in Exhibit "A ", attached hereto and incorporated herein; and
Parcel 148; Part 2: 0.207 acre tract as more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
Grantor reserves all of the oil, gas and sulphur in and under the land
herein conveyed but waives all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
State to take and use all other minerals and materials thereon, therein and
thereunder.
With respect to Parcel 148, Part 1, as described above, Grantor hereby
acknowledges that its use of and access to the expressway lanes to be
constructed in conjunction with the highway improvement project for which the
Land hereby conveyed shall become a part, shall be and forever remain subject
to the same regulation by legally constituted authority as applies to the
public's use thereof; and Grantor further acknowledges that the design and
operation of such project require that access from Grantor's remaining property
to said project shall be governed henceforth as indicated in Paragraphs (A)and
(B) hereinbelow;
00005329.WPD
1
2002046158 10 P9s
With respect to Parcel 148, Part 2, as described above, Grantor hereby
acknowledges that its use of and access to the expressway lanes to be
constructed in conjunction with the highway improvement project for which the
Land hereby conveyed shall become a part, shall be and forever remain subject
to the same regulation by legally constituted authority as applies to the
public's use thereof; and Grantor further acknowledges that the design and
operation of such project require that access from Grantor's remaining property
to said project shall be governed henceforth as indicated in Paragraphs (A),
(B), and (C) hereinbelow; and all abutter's rights, including rights of ingress
and egress and the right of direct access to and from Grantor's remaining
property to said project, which have accrued or might otherwise accrue to
Grantor, its successors or assigns are hereby waived, released and relinquished
insofar as they appertain to Paragraphs (B) and (C) hereinbelow:
00005329.WPD
(A) Access to and from Grantor's remaining property will be permitted:
To the remainder abutting the highway facility.
(B) Access to and from Grantor's remaining property will be denied:
Access will not be denied.
(A) Access to and from Grantor's remaining property will be permitted:
To the remainder abutting the highway facility between
a point being the beginning of the first call and a
point being 50 feet S 75° 16' 28" W of the beginning of
the second call for the description of Parcel 148, Part
2 as shown on Exhibit "A ".
(B) Access to and from Grantor's remaining property will be denied:
To the remainder abutting the highway facility between
a point being 75 feet 5 75° 16' 28" W of the beginning
of the second call and a point being 350 feet (arc
length) in a southwesterly direction from the beginning
of the third call of the description of Parcel 148, Part
2 as shown on Exhibit "A ".
(C) Access to the Grantor's remaining property will be permitted and
access from the Grantor's remaining property will be denied:
To the remainder abutting the highway facility between
a point being 350 feet (arc length) in a southwesterly
direction from the beginning of the third call to a
point being the end of the fourth call of the
description of Parcel 148, Part as shown on Exhibit "A ".
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights -of -way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
2
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together
with all and singular the rights and appurtenances thereto in any wise
belonging unto the City of Round Rock, Texas and its assigns forever; and
Grantor does hereby bind itself, its successors and assigns to Warrant and
Forever Defend all and singular the said premises herein conveyed unto the City
of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES
OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE), WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES WITH RESPECT
TO THE PROPERTY, THE ENVIRONMENTAL AND SOIL CONDITIONS OR THE SUITABILITY OF
THE PROPERTY FOR GRANTEE'S INTENDED USE THEREOF AND GRANTEE, BY ITS ACCEPTANCE
HEREOF, ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS ", "WHERE
IS" AND "WITH ALL FAULTS ".
IN WITNESS WHEREOF, this instrument is executed on this the 12th day of June,
2002.
00005329.WPD
VILLAGES AT WARNER RANCH PUD, LP
By: THC /Southwest Division Limited
Partnership, its general partner
By: Hanover G.P LLC, its general
partner
By: 4
Kathy labe President
3
THE STATE OF TEXAS 5
COUNTY OF HARRIS §
Acknowledgment
This instrument was acknowledged before me on the kAday of
, 2002, by Kathy K. Hinford, Vice President of Hanover G.P.
LLC, a✓1,exas limited liability company and general partner of THC /Southwest
Division Limited Partnership, a Texas limited partnership, on behalf of said
partnership as the general partner of Villages at Warner Ranch PUD, LP, a
Delaware limited partnership, as the act and deed of said company and
partnerships.
0O OS329.WPD
SHIRLEY BANKS ROBINSON k
NOTARY PUBLIC, STATE OF TEXAS `\
MY COMMISSION EXPIRES 11
MARCH 16, 2003 ti
4
lic, State of Texas
County: Williamson
Parcel No.: 148
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feel east of CR 170
CSJ:
PART
FNI756R
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 148
Page 1 of 5
June 15, 2000
DESCRIPTION OF A 0.882 ACRE (38,414 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION OF THE REMAINDER OF A CALLED 138.543 ACRE TRACT OF LAND (TRACT I), THE
REMAINDER OF A CALLED 0.363 ACRE TRACT OF LAND (TRACT II), AND THE REMAINDER OF A
CALLED 0.928 ACRE TRACT OF LAND (TRACT 11I) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.882 ACRE (38,414 SQUARE
FEET) TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM. INC. FOR THIS
PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT) Type II concrete monument set in the east Right -
of -Way (ROW) line of Jazz Street (a 70 -foot wide ROW) dedicated in Remington Heights, Phase 1, Section A a
subdivision of record in Cabinet N, Slide 238 of the Plat Records Williamson County, Texas ( P.R.W.C.TX.), same
being the west line of said Tract HI, also being in the proposed south ROW line of State Highway 45, for the
southwest corner of the tract described herein. and being 262.82 feet right of Survey Baseline Station 615 +85.49.
from which a 1/2 -inch iron rod found bears S 16° 33' 52" E, a distance of 545.51 feet;
I) THENCE with the common line of Jazz street, and said Tract III, N 16' 33' 52" W, a distance of 113.72
feet to a calculated point, for the common corner of a tract of land dedicated to the City of Round Rock for
Public Right of Way purposes, executed on October 21 ", 1999 (recording information not available as of
June 15 2000), and the northwest corner of the remainder of said Tract 111, also being the northwest
corner of the tract described herein;
2) THENCE leaving said cotntnon line with the common line of said City of Round Rock tract and the
remainders of said Tract 111 Tract I1. and Tract I N73 °30'23 "E, a distance of 488.85 feet to a calculated
point in the west ROW line of Warner Ranch Drive (having a variable width R.O.W.) as shown on the plat
of Warner Ranch Phase 1 -A, recorded in Cabinet S, Slide 25 -28 of the P.R.W.C.TX., and being the
northeast comer of the tract described herein;
3) THENCE with said ROW line, S09 °57'47"E, a distance of 92.77 feet to a Texas Department of
Transportation ( TxDOT) Type II concrete monument set, same being the southeast comer of the tract
described herein and being 264.77 feet right of Survey Baseline Station 620+62.79;
THENCE crossing said Tract I, Tract f1, and Tract 111, the following six (6) courses and distances, numbered 4
through 9:
4) N 61° 21' 10" W, a distance of 38.10 feet to a TXDOT Type II concrete monument set, being 236.47 Feet
right of Survey Baseline Station 620 +37.28,
200131 -20
5) with the arc of a curve to the right a distance of 179.53 feet through a central angle of 01 46' 25 ", having a
radius of 5800.00 feet, and whose chord bears S 68° 11' 39" W, a distance of 179.53 feet to a TXDOT Type
II concrete monument set, being 244.25 feet right of Survey Baseline Station 618 +57.92,
6) S 74° 21' 59" W, a distance of 151.66 feet to a TXDOT Type II concrete monument set, being 23450 feet
right of Survey Baseline Station 617+06.57,
7) with the arc of a curve to the right passing at an arc distance of 3.42 feet a TXDOT Type 1I concrete
monument set, being 234.50 feet right of Survey Baseline Station 617 +03.15. continuing for a total arc
distance of 46.53 feet, through a central angle of 00° 27' 38 ", having a radius of 5788.00 feet, and whose
chord bears 5 70 48' 23" W, a distance of 46.53 feet to a TXDOT Type II concrete monument set, being
234.43 feet right of Survey Baseline Station 616 +60.48,
8) S 70° 59' 21" W, a distance of 45.79 feet to a TXDOT Type 1I concrete monument set. being 234.32 feet
right of Survey Baseline Station 616 +15.15, and
9) S 27° 11' 26" W, a distance of 41.50 feet to the POINT OF BEGINNING and containing 0.882 acre
(38,414 square feet) of land, more or less.
PART 2
Page 2 of 5
June 15, 2000
DESCRIPTION OF A 0.207 ACRE (8,996 SQUARE FEET) TRACT OF LAND LOCATED IN THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 138.543 ACRE TRACT OF LAND (TRACT I) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.207 ACRE (8,996 SQUARE FEET)
TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation ( TxDOT) Type II concrete monument set in the west Right -
of -Way (ROW) line of County Road 170 (a varying width ROW, no recording information found), same being the
east line of the remainder of said 138.543 acre tract, also being in the proposed south ROW line of State Highway
45, for the southeast corner of the tract described herein and being 211.50 feet right of Survey Baseline Station
629 +30.95, from which a 112 -inch iron rod found in said common line bears S 54° 10' 38" E, a distance of 512.78
feel;
THENCE crossing the remainder of said 138.543 acre tract with the proposed south ROW line of saki State
Highway 45 the following four (4) courses and distances, numbered 1 through 4:
1) S 70° 40' 42" W, a distance of 189.05 feet to a TXDOT Type 11 concrete monument set, being 211.50 feet
right of Survey Baseline Station 627+41.90,
2) S 75° 16' 28" W, a distance of 149.76 feet to a TXDOT Type II concrete monument set, being 199.50 feet
right of Survey Baseline Station 625 +92.62,
3) with the arc of a curve to the left an arc distance of 391.14 feet, through a central angle of 03° 55' 29 ",
having a radius of 5710.00 feet, and whose chord bears, S 68° 42' 58" W, a distance of 391.06 feet to a
TXDOT Type II concrete monument set, being 212.89 feet right of Survey Baseline Station 622 +01.79, and
4) S 28 22' 08" W, a distance of 46.30 feet to a TXDOT Type II concrete monument set in the east ROW line
of Warner Ranch Drive (having a variable width ROW) as shown an the plat of Warner Ranch Phase 1 -A,
recorded in Cabinet S, Slide 25 -28, of the Plat Records of Williamson County. Texas, same being a west
Tine of the remainder of said 138.543 acre tract, being 244.62 feet right of Survey Baseline Station
621 +67.55, from which a 1 -inch iron rod with a plastic cap found in said common line bears.
S09 °57'47 "E, a distance of 58.27 feet;
FN 1756R
20081 -20
5) THENCE with said common line, N or 57' 47" W, a distance of 66.74 feet to a calculated point for the
west common corner of the remainder of said 138.543 acre tract, and a tract of land conveyed to the City of
Round Rock for 'right -of -way purposes executed October 21, 1999, no recording information available
as of June 15, 2000, and being the northwest comer of the tract described herein, from which a 1/2-inch iron
rod with a plastic cap found in said east R.O.W. line, same being the west line of said City of Round Rock
tract, bears, N09 °57'47"W, a distance of 100.00 feet;
THENCE with the south line of said City of Round Rock tract, same being a north line of the remainder of said
138.543 acre tract the following three (3) courses and distances, numbered 6 through 8:
6) N 73° 30' 23" E, a distance of 659.04 feet to a calculated point,
7) N 00° 02' 14" W, a distance of 10.50 feet to a calculated point, and
8) N 69° 13' 25" E, a distance of 81.97 feet to a calculated point in the west Right -of -Way line of said County
Road 170, same being the east line of the remainder of said 138.543 acre tract and being the northeast
corner of the tract described herein;
9) THENCE with said common line, S 54° 10' 38" E, a distance of 15.57 feet to the POINT OF
BEGINNING and containing 0.207 acre (8996 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
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 3 of 5
June 15, 2000
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 June 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County. Texas this the 16' day of June, 2000.
ichaeVR. Hatcher
Register Professional Land Surveyor
No. 4259 - -ti Texas
FN1756R 20081 - 20
CITY OF ROUND ROCK
DEED, .FOR "PUBLIC RIGHT -OF -WAY PURPOSES"
- -_. EXECUTED OCTOBER 21 1999 -
RECORDING INFORMATION NOT AVAILABLE AS
OF JUNE 15, 2000
''14 3 30'23 "E 488.85'
ASA THOMAS S UR V J.'Y A-60,9
• --1TILLJAMSON COUNTY, TEXAS
SCALE
r' /..Too.
J
N " 1
STATE OF TEXAS
- °1.620 'ARE_
VOL. 1544, PG. 20 4
O.R.W.C.Tx.
P,O.R
NOTES'
J
a
U
L1 L2
527'1726"w 570
41.50' 45.79'
L3
36.10'
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, MAO 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON. INC.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
70007 AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND. OR OTHER, IMPROVEMENTS
NOT SHOWN.
STATE HWY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.W.I
61]•06.97 616 -57.02 PROPOSED R.O.W. L1f1E
"'239.50'41 24&25'RT 62 0.62.79
2 69.77 TIT
016.10.18 VILLAGES AT WARNER RANCH PUD. L.P.
234.32' RT REMAINDER
CALLED 138.543 ACRES
DOC. No 199965664
c1 O.P.R.W,C.Tx.
8.01 46'25"
Y 4.5800.- 419 9 .97 5.1. 00
CC 5S
0-99 5311'39 "W
C2
L43
L- 46.6.53'
6-570'
46'23 "W
-4
• 46.53.53 '
MEMUCAN HUNT
0029 Co140ol T• . 11166.0* S0.
um Bad° Oak PaNI•5NIPIam,6ude Ira
A•n6•, Tam 7678(
F2x (61 3'.W 30•
03
L -3.42
1.7 '
0-3 42' 38'31 "W
C -3.42'
oETNL C
SURVEY A- 394
I C3
`` 617-03.15 617.06.57 1
234.50' R 1 234.50' AT/
DUALS ARE NOT DRAWN TO SCALE. RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
TRACT I
PARCEL INFORMATION E 010E1(
•ARCEL N0.
14g
PMr
0E00 66616004
138.434 AE.
16.001.169 SO. FT..
fAgv4.
0.010 Ac.
135.414 SO. FT,!
N 70' 40' 4,0' e 5000.48'
SURVEY BASE! INF.
5
00NANDER
36.86 66.
16,052.667 50. FT.I
EXISTING R.O.W. LINE
RVEY BASEL /NE
CUAVL 04174
715/6 600.79.40
6/ • 001509465092
E • 3139856,509
e• 40r
a a/y oa'
L • /648Jr
r • 624.47
R - 229/029'
PC 5Y0 600 -
PT S/* 61
LEGEND
• TYPE 1 CONCRETE MONUMENT FOUND
61 TYPE 1 CONCRETE MONUMENT FOUND
• TYPE [CONCRETE MONUMENT SET
• 14- PIPE FOUL MLE55 NOTED
O IA" RON 500 511 TV/ 1E001 CAF 1.2,055 NOTED
• Va NON We FOUND 11 NOTED
• 60 0 NAIL r 6 ouNo U.000 DOTED
e GLCLIL4TED PONT
` P0 LINE
6 RECORD L N N FORMA70N
PRA POINT Or DEMONIC
6.00. PON7 OF COUNEN0N6
AAA POPO OF REFERENCE
Ps. NMI OF CUNAT0RE
51 FOUNT OF TAN0E•C•
(40N"T OU040
R FM PIPE POUND
6.20. PURLIC yTL177 EASEMENT
0A.166.51.. WTICIAL 1 0600005 001006060
COUNTY, 10440
04.6.0.6., OFF104 REC0605 01.1100506 COUNTY. TE005
42600.+.- 8.08 •0160105 WILLU1SON COUNTY, 7E645
OANAt.. 0(00 RECORDS 1RLIw*SON COUNTY, TE %05
RIGHT -OF -WAY PLAT PAGE 4 OF 5
SHOWING PROPERTY OF R1 F. FIELD
VILLAGES AT WARNER RANCH PUD, L.P. MOTE 140. 17661
PARCEL 11
8 PART 1
FARCE! INFORMATION @LOCK
Mal N0.
PINT 2
Tam ACRES
0
19,0175 T.,
DEW WREAK
1 0.04413 SDPT,1
OTNNNDER
0,0 K
1 0.00p,5R0 . F1.)
$0
4
244.02' 71
•
•
•
•
4
.4.
1
•
c O
DETAIL 8 a' 43
3 81.97' '� 41,
DETAIL C �CF �y
,9
�' "_ •� c 9 ( � 4
659.04' \, e O F O 1F� ��
AS. QL ' 'PA'
• o CP �P 4 90
C4 `r • C
189.05 J- G
C
���625.92!62
799.50' RT
LEGLND
F.04. AC. 11 0171, OF Cd0 •CNO
i.5 •0•77 OF 0CFE0E110E
PONY OF Eyq (.1IRE
.
P 00. 177 TANOCNCY
ON ROO 0 11 CURVE
1 •014 000 FOU•]
PF NOR POE F wO0
119.7. MOM UTNIF CASEMENT
07 RECORDS 7.7..00.14.
0717C1µ PUBLIC 00005 WLLUNSpN
COlm TEKAS
O(
:40. 0.7.,.. PLAT k RECORDS A'LLIN750N COUNTY, 17045
••••,, DEED RC 000 YL LIAN5 7N COUNTY. 1710.5
TYPE 1 CONCRETE NONONENT FOUND
TYPE N CONCRETE MONUMENT FOUND
TYPE UCONCRETE MONUMENT SET
Yr PPE F01110 UNLESS NOTED
77 0 ROO SET WI 1$000 CAP UNLESS NOTED
'/" TON ROD FOUND UNLESS NOTED
00 0 NW SET UNLESS NOTED
00 D NAO, FOUND uN.k0S 00170
01.0.11.00 PONT
/17007477 004
R ENTCO 001E
RECORD •FOIOUArpN
4 rs
¢� Zc
4
O F
• F
6 44 %st
a t c FCG�r
4•20 740000150747 9577140 So.
amOm OR45 ProIN SMN 125
7512 4
Amin. 70704
0, 44779
RN Mt 9254020
\9A
Grp
4' ` %
- • 55'29"
R-5710.00
L • 391.14'
T- 195.65'
0 15 . 368 . 42'58 "w
C- 391.06'
^ WILLIAMSON COUNTY, TEXAS
f SCALE
� � \\C":
r =roo'
��
6 N J'
• o SP e o r P� j 7Lp
no c - sdsf' �p
s 6
1 y,
O�i1 •20?*
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00 9L C ,2
9
>r
` \ SGa �. G
s F c p i O �
,A
L4
526 "w
4 6.30'
I HEREBY CERTIFY THAI THIS SURVEY WAS MADE ON THE
0007106 17078 vY ORTECTION AND SUPERVISION ANO TI4A
THIS PLAT 15 TRUE AND CORRECT TO THE PEST OF MY
KNOWLEDGE AND RELIEF.
L R. HAT
RE0. TERED PROFESS,0NAL LAND SURVEYOR
N0. 4258. STATE OF TEXAS
7.? 4'14,
� a pg AP '14,
N. 1-
\ '7\
r y57 15 ' Z- .
4c D '.;
1A�
•D.
TE
r
P.O.E.
PARCEL 140....
PART 2
529.30,95
217.50' R7
N. 101514 25.93048
E. 3141 802,75591
5'
w
n'
n
•
n� U
RIGI-IT -OF -WAY PLAT PAGE 5 OF 5
SHOWING PROPER fY OF REF
F O .
766R
VILLAGES AT WARNER RANCH PLO, I_.P. PARCCL
PART 7 f
AT
FILED MD RECORDED
OFFICIAL PUBLIC RECORDS
06 -18- 2002"`01:13 PM 2002046158
SUSAN $27.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between VILLAGES AT
WARNER RANCH PUD, LP, a Delaware limited partnership (referred to in this Contract as "Seller")
and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock,
Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions
set forth in this Contract.
RECITALS
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.
ARTICLE I
PURCHASE AND SALE
1.01 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 148; Part 1: 0.882 acre tract as more particularly described in Exhibit "A ", attached
hereto and incorporated herein;
Parcel 148; Part 2: 0.207 acre tract as more particularly described in Exhibit "A ", attached
hereto and incorporated herein,
together with all and singular the rights and appurtenances pertaining to the property, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real
property, rights, and appurtenances being referred to in this Contract as the "Property"), together with
any improvements, fixtures, and personal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and conditions set forth below.
Control of Access Part 1
1.02 With respect to Parcel 148, Part 1, as described above, Seller hereby acknowledges that
its use of and access to the expressway lanes to be constructed in conjunction with the highway
improvement project for which the land hereby conveyed shall become a part, shall be and forever
remain subject to the same regulation by legally constituted authority as applies to the public's use
thereof; and Seller further acknowledges that the design and operation of such project require that access
from Seller's remaining property to said project shall be governed henceforth as indicated in Paragraphs
(A)and (B) hereinbelow;
(A) Access to and from Seller's remaining property will be pennitted:
To the remainder abutting the highway facility.
(B) Access to and from Seller's remaining property will be denied:
Access will not be denied.
Control of Access Part 2
1.03 With respect to Parcel 148, Part 2, as described above, Seller hereby acknowledges that
its use of and access to the expressway lanes to be constructed in conjunction with the highway
improvement project for which the land hereby conveyed shall become a part, shall be and forever
remain subject to the same regulation by legally constituted authority as applies to the public's use
thereof; and Seller further acknowledges that the design and operation of such project require that access
from Seller's remaining property to said project shall be governed henceforth as indicated in Paragraphs
(A), (B), and (C) hereinbelow; and all abutter's rights, including rights of ingress and egress and the
right of direct access to and from Seller's remaining property to said project, which have accrued or
might otherwise accrue to Seller, its successors or assigns are hereby waived, released and relinquished
insofar as they appertain to Paragraphs (B) and (C) hereinbelow:
(A) Access to and from Seller's remaining property will be permitted:
To the remainder abutting the highway facility between a point being the beginning of
the first call and a point being 50 feet S 75° 16' 28" W of the beginning of the second
call for the description of Parcel 148, Part 2 as shown on Exhibit "A ".
(B) Access to and from Seller's remaining property will be denied:
To the remainder abutting the highway facility between a point being 75 feet S 75° 16'
28" W of the beginning of the second call and a point being 350 feet (arc length) in a
southwesterly direction from the beginning of the third call of the description of Parcel
148, Part 2 as shown on Exhibit "A ".
(C) Access to the Seller's remaining property will be permitted and access from the Seller's
remaining property will be denied:
To the remainder abutting the highway facility between a point being 350 feet (arc
length) in a southwesterly direction from the beginning of the third call to a point being
the end of the fourth call of the description of Parcel 148, Part as shown on Exhibit "A ".
Seller acknowledges that the Special Warranty Deed provided for herein will contain language
limiting the access to Seller's remaining property as set forth above.
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ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The Purchase Price (the "Purchase Price ") for the Property shall be the sum of Three
Hundred Forty-seven Thousand and no /100 Dollars ($347,000.00). Seller and Purchaser acknowledge
and agree that Purchaser has paid to Seller a portion of the Purchase Price in the amount of $248,253.00
(the "Prepaid Amount ") in accordance with that certain Possession and Use Agreement for
Transportation Purposes dated as of January 25, 2001, executed by and between Seller and Purchaser
duly filed for record under Document No. 2001009080 in the Official Records of Williamson County,
Texas, which amount shall be credited to the Purchase Price at Closing.
Payment of Purchase Price
2.02. The balance of the Purchase Price shall be paid by Purchaser to Seller in cash at the
Closing.
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ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. Within ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused Austin Title Company (the "Title Company") of 101 E. Old Settlers Blvd., Round
Rock, Texas 78664, to issue a title commitment (the "Title Commitment "), committing the Title
Company to issue the Owner's Title Policy pursuant to the terms and conditions thereof. Purchaser has
been afforded the opportunity to fully inspect the Property, the state of title thereto and all other matters
relating to the Property, including its feasibility and its suitability for Purchaser's intended use, and
Purchaser hereby approves and agrees to purchase the Property subject to those items set forth on
Exhibit "B" attached hereto and made a part hereof for all purposes, general real estate taxes for the year
of Closing and subsequent years not yet due and payable and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership (the "Permitted Exceptions ").
Conditions to Seller's Obligations
3.02. As additional consideration for Seller entering into this Contract and conveying the
Property to Purchaser, Purchaser has agreed to convey to Seller, pursuant to the terms of this Section
3.02, the strip of land as contemplated by the final paragraph of Section 15.2 of that one certain
Agreement and Development Plan Warner Ranch Planned Unit Development No. 42 (the "PUD "), as
approved by Ordinance No. Z- 99- 08- 12 -9B6, adopted by the Round Rock City Council on August 12,
1999, as depicted on Exhibit "C" attached hereto (the "CR170 Tract ").
3
(a) Within ten (10) days after the Effective Date of this Contract, Purchaser, at its sole cost and
expense, shall deliver, or cause to be delivered, to Seller a title commitment issued by the
Title Company and a current, staked, on- the -ground survey prepared by a licensed surveyor
in the State of Texas and meeting the requirements of a Category IA, Condition II survey
of the Texas Surveyors Association Standards and Specifications. After the survey has been
prepared and approved by Purchaser and Seller, the legal description from such survey will
be substituted for the legal description of the CR170 Tract contained herein. All revisions
to the aforementioned survey requested by Seller shall be at Seller's cost and expense.
(b) At Closing, Purchaser shall deliver to Seller a duly executed and acknowledged Special
Warranty Deed, in the form attached hereto as Exhibit 'D ", conveying good and indefeasible
title in fee simple to the CR170 Tract, free and clear of any and all monetary liens and
encumbrances and being subject only to those matters approved by Seller in the title
commitment issued pursuant to Section 3.02(a) hereof
(c) PURCHASER SHALL SELL AND CONVEY TO SELLER AND SELLER SHALL
ACCEPT THE CR170 TRACT "AS IS, WHERE IS, WITH ALL FAULTS" EXISTING AS
OF THE EFFECTIVE DATE OF THIS CONTRACT, EXCEPT TO THE EXTENT
EXPRESSLY PROVIDED OTHERWISE IN THIS CONTRACT, INCLUDING,
WITHOUT LIMITATION, AS SPECIFIED IN SECTION 3.02(b) ABOVE AND IN THE
AFOREMENTIONED SPECIAL WARRANTY DEED.
(d) In the event Purchaser fails to satisfy the obligations set forth in this Section 3.02 as
provided herein, Seller shall have the right to either bring suit for damages against Purchaser
or enforce specific performance against Purchaser as provided in Article VIII hereof.
4.01. At the Closing, Seller shall:
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ARTICLE IV
CLOSING
The consummation of the purchase of the Property by Purchaser from Seller in accordance with
the terms and provisions hereof (the "Closing ") shall be held at the Title Company on or before May
24, 2002, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein
referred to as the "Closing Date ").
Seller's Obligations
(a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed, in the
form attached hereto as Exhibit "E ", 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 Permitted Exceptions.
4
Purchaser's Obligations
4.02 At the Closing, Purchaser shall:
(a) Pay the Purchase Price in cash to Seller;
(b) Pay for the 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 the Permitted Exceptions and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy;
(c) Execute, acknowledge and deliver the Special Warranty Deed for the CR170 Tract in
accordance with Section 3.02(b) hereof.
Prorations
4.03 General real estate taxes for the then current year relating to the Property, shall be prorated
as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall occur before the
tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax
rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments
to the Closing Date relating to the Property and then due and payable, shall be paid by Seller. Purchaser
will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property.
The provisions of this Section 4.03 shall survive conveyance of the Property by Seller to Purchaser.
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 for the Property 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 shall deliver to the Title Company following the execution hereof, the sum of One
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5
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 Section 3.01 hereof
following receipt of Seller's written notice terminating this Contract, in which event neither party shall
have any further obligations hereunder except for any obligations set forth herein which specifically
survive the termination 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
Section 3.01 have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and
as provided for in Section 3.01, then the Escrow Deposit shall be forthwith returned by the Title
Company to Purchaser following receipt of Purchaser's written notice terminating this Contract, in
which event neither party shall have any further obligations hereunder except for any obligations set
forth herein which specifically survive the termination hereof.
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 perfonmance 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) waive any of such requirements and complete the purchase of the Property as herein provided;
or (3) 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).
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ARTICLE VII
BREACH BY SELLER
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 Section 3.01 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. The
provisions of item (1) above shall survive the termination of this Contract.
In the event Purchaser shall fail to satisfy any of its obligations as set forth in Section 3.02
hereof, Seller shall have the right to (1) enforce specific performance against Purchaser or (2) bring suit
for damages against Purchaser. The provisions of item (2) shall survive the termination of this Contract
and both (1) and (2) shall survive the conveyance of the Property by Seller to Purchaser as expressed
in the Memorandum.
6
(g) Time is of the essence in this Contract.
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ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (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 Federal Express or other similar delivery service or by United States mail, postage prepaid,
certified mail, retum receipt requested, addressed to Seller or Purchaser, as the case may be, at the
address set forth opposite the signature of the party.
Texas Law to Apply
(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.
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
7
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.
Effective Date
(i) This Contract shall be effective as of the date it is approved by the City Council, which
date is indicated beneath the Mayor's signature below (the "Effective Date "). In the event this Contract
has not been approved by the City Council on or before May 9, 2002, this Contract shall be deemed null
and void and of no force and effect.
Survival of Certain Provisions
(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 shall survive the Closing and shall not be merged therein.
(k) PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE
WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, SELLER HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES OF
HABITABILITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE), WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO THE
PROPERTY, THE ENVIRONMENTAL AND SOIL CONDITIONS OR THE SUITABILITY OF THE
PROPERTY FOR PURCHASER'S INTENDED USE THEREOF AND PURCHASER, BY ITS ACCEPTANCE
HEREOF, ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY "AS IS ", "WHERE
IS" AND "WITH ALL FAULTS ".
(1) In the event of any litigation between Seller and Purchaser arising under this Contract,
the prevailing party will be entitled to recover its reasonable attomey's fees, costs and expenses in
enforcing its rights under this Contract from the non - prevailing party. This provision shall survive the
Closing.
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SELLER:
VILLAGES AT WARNER RANCH PUD, LP,
a Delaware limited partnership
By: THC /Southwest Division Limited Partnership,
a Texas limited partnership, its general partner
By: Hanover G.P. LLC, a Texas limited
liability company, its general partner
c/o The Hanover Company
5847 San Felipe, Suite 3600
Houston, Texas 77057
Date: fit 7 , 2002
PURCHASER:
CITY OF ROUND ROCK, TEXAS
221 E. Main Street
Round Rock, Texas 78664
Date: 9 - , 2002
9
By:
l athy / °
Binford
Vice President
County: Williamson
Parcel No.: 148
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
PART 1
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 148
Page 1 of 5
• June 15,2000
DESCRIPTION OF A 0.882 ACRE (38,414 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION 01' THE REMAINDER OF A CALLED 138.543 ACRE TRACT OF LAND (TRACT I), THE
REMAINDER OF A CALLED 0.363 ACRE TRACT OF LAND (TRACT 1I), AND THE REMAINDER OF A
CALLED 0 928 ACRE TRACT OF LAND (TRACT III) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.882 ACRE (38,414 SQUARE
FEET) TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS
PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT) Type II concrete monument set in the east Right -
of -Way (ROW) line of Jazz Street (a 70 -foot wide ROW) dedicated in Remington Heights, Phase 1, Section A a
subdivision of record in Cabinet N, Slide 238 of the Plat Records Williamson County, Texas ( P.R.W.C.TX.), same
being the west line of said Tract 111, also being in the proposed south ROW line of State Highway 45, for the
southwest corner of the tract described herein, and being 262.82 feet right of Survey Baseline Station 615 +85.49.
from which a I/2 -inch iron rod found bears S 16° 33' 52" E, a distance of 545.51 feet;
1) THENCE with the common line of Jazz street, and said Tract III, N 16° 33' 52" W, a distance of 113.72
feet to a calculated point, for the common corner of a tract of land dedicated to the City of Round Rock for
Public Right of Way purposes, executed on October 21 ° . 1999 (recording information not available as of
June 15 2000), and the northwest corner of the remainder of said Tract ILL also being the northwest
corner of the tract described herein;
2) THENCE leaving said common line with the common line of said City of Round Rock tract and the
remainders of said Tract III, Traci B, and Tract 1 N73 ° 30'23 "E, a distance of 488.85 feet to a calculated
point in the west ROW line of Warner Ranch Drive (having a variable width R.O.W.) as shown on the plat
of Warner Ranch Phase 1 -A, recorded in Cabinet S, Slide 2528 of the P.R.W.C.TX., and being the
northeast corner of the tract described herein;
3) THENCE with said ROW line, S09 °57'47"E, a distance of 92.77 feet to a Texas Department of
Transportation ( TxDOT) Type 11 concrete monument set, same being the southeast corner of the tract
described herein and being 264.77 feet right of Survey Baseline Station 620+62.79;
THENCE crossing said Tract 1, Tract 11, and Tract I11, the following six (6) courses and distances, numbered 4
through 9:
4) N 61° 21' 10" W, a distance of 38.10 feet to a TXDOT Type 11 concrete monument set, being 236.47 feet
right of Survey Baseline Station 620 +37.28.
FN1756R
20081.20
5) with the arc of a curve to the right a distance of 17933 feet through a central angle of 01 46' 25 ", having a
radius of 5800.00 feet, and whose chord bears S 68° II' 39" W, a distance of 179.53 feet to a TXDOT Type
II concrete monument set, being 244.25 feet right of Survey Baseline Station 618 +57.92,
6) S 74 21' 59" W, a distance of 151.66 feet to a TXDOT Type 11 concrete monument set, being 234.50 feet
right of Survey Baseline Station 617+06.57,
7) with the arc of a curve to the right passing at an arc distance of 3.42 feet a TXDOT Type 1I concrete
monument set, being 234.50 feet right of Survey Baseline Station 617+03.15. continuing for a total arc
distance of 46.53 feet, through a central angle of 00° 27' 38 ", having a radius of 5788.00 feet, and whose
chord bears S 70 48' 23" W, a distance of 46.53 feet to a TXDOT Type II concrete monument set, being
234.43 feet right of Survey Baseline Station 616 +60.48,
8) S 70° 59' 21" W, a distance of 45.79 feet to a TXDOT Type II concrete monument set, being 234.32 feet
right of Survey Baseline Station 616 +15.15, and
9) S 27° 11' 26" W, a distance of 41.50 feet to the POINT OF BEGINNING and containing 0.882 acre
(38,414 square feet) of land, more or Tess.
PART2
Page 2 of 5
June 15,2000
DESCRIPTION OF A 0.207 ACRE (8,996 SQUARE FEET) TRACT OF LAND LOCATED IN THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 138.543 ACRE TRACT OF LAND (TRACT 1) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.207 ACRE (8,996 SQUARE FEET)
TRACT. AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation ( TxDOT) Type II concrete monument set in the west Right -
of -Way (ROW) line of County Road 170 (a varying width ROW, no recording information found). same being the
east line of the remainder of said 138.543 acre tract, also being in the proposed south ROW line of Stale Highway
45, for the southeast corner of the tract described herein and being 211.50 feet right of Survey Baseline Station
629 +30.95, from which a I/2 -inch iron rod found in said common line bears 5 54° 10' 38" E, a distance of 512.78
feet:
THENCE crossing the remainder of said 138.543 acre tract with the proposed south ROW line of said State
Highway 45 the following four (4) courses and distances, numbered 1 through 4:
1) S 70° 40' 42" W, a distance of 189.05 feet to a TXDOT Type 11 concrete monument set, being 211.50 feet
right of Survey Baseline Station 627+41.90,
2) S 75° 16' 28" W, a distance of 149.76 feet to a TXDOT Type I1 concrete monument set, being 199.50 feet
right of Survey Baseline Station 625 +92.62,
3) with the arc of a curve to the left an art distance of 391.14 feet, through a central angle of 03 55' 29',
having a radius of 5710.00 feet, and whose chord bears. S 68° 42' 58" W. a distance of 391.06 feet to a
TXDOT Type 11 concrete monument set, being 212.89 feet right of Survey Baseline Station 622 +01.79, and
4) S 28° 22' 08" W, a distance of 46.30 feet to a TXDOT Type 11 concrete monument set in the east ROW line
of Warner Ranch Drive (having a variable width ROW) as shown on the plat of Warner Ranch Phase 1 -A,
recorded in Cabinet S. Slide 25 -28. of the Plat Records of Williamson County, Texas, same being a west
line of the remainder of said 138.543 acre tract, being 244.62 feet right of Survey Baseline Station
621 +67.55, from which a th -inch iron rod with a plastic cap found in said common line bears,
509 "E, a distance of 58.27 feet;
FNI756R
20081 -20
5) THENCE with said common line, N 09° 5T 47" W, a distance of 66.74 feet to a calculated point for the
west common corner of the remainder of said 138.543 acre tract, and a tract of land conveyed to the City of
Round Rock for 'tight -of -way purposes ", executed October 21, 1999, no recording information available
as of lune 15, 2000. and being the northwest corner of the tract described herein, from which a 1/2-inch iron
rod with a plastic cap found in said east R.O.W. Tine, same being the west line of said City of Round Rock
tract, bears, N09 ° 57 • 47 "W, a distance of 100.00 feet;
THENCE with the south line of said City of Round Rock tract, same being a north line of the remainder of said
138.543 acre tract the following three (3) courses and distances, numbered 6 through 8:
6) N 73° 30' 23" E, a distance of 659.04 feet to a calculated point,
7) N 00 02' 14" W, a distance of 1030 feet to a calculated point, and
8) N 69° 13' 25" E, a distance of 81.97 feet to a calculated point in the west Right -of -Way line of said County
Road 170. same being the east line of the remainder of said 138.543 acre tract and being the northeast
corner of the tract described herein;
9) THENCE with said common line, S 54° 10' 38" E, a distance of 15.57 feet to the POINT OF
BEGINNING and containing 0.207 acre (8996 square feet) of land. more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
FN1756R
KNOW ALL MEN BY THESE PRESENTS:
Page 3 of 5
June 15, 2000
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 June 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin. Travis County, Texas this the 16'" day of June, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
ichae R. Hatcher
Regist ed Professional Land Surveyor
No.4259- _s. Texas
20081 -20
- - -• 01.IANSON COUNTY, TEXAS
L SCALE
I i . r =roD•
L1 L2
527'11'26"W 570' 59'21'
41.50' 45.79'
, L3
N61' 21'10 "Y4
STATE OF TEXAS 36.10'
VOL. 1544, PG. 20
0.R- W.C.Tx.
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J
NOTES( U
STATE HWY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.W.I
-- -- - -
CITY OF ROUND ROCK
DEED, .F0R "PUBLIC RIGHT -OF -WAY PURPOSES"
EXECUTED OCTOBER 21 1999 -
RRCORD(NG INFORMATION NOT AVAILABLE AS
OF JUNE 15, 2000
COLN'.ROL
Ii1/iRT 1, •
; ASRE '620 +32;28','
• . .
R.O.W. L1NE
617-06 57
57 616-5 SED 1320 E179
+ ' "" -- 234.50'41
Na - 2 5 'X0 264.77'92
66•ss VILLAGES AT WARNER PROPO RANCH PUD. L.P.
23 RT REMAINDER
CALLED 138.543 ACRES
DOC. No. 199965664
0,P.R.W.C.Tx.
Cl
•`'273' 3023"E 488.85'
Ss 'LINE
46'25"
L•179.53' R6.01.
7 - 7 6-00.27"55"
U R 89 0'
CCB- 5568 "W L- 46.53'
C•1/9.23' T- 23.27'
C8-570' 48'23"W
C- 46.53'
MEMUCAN HUNT
C3
6.00'02
L R -57138.00'
T- 3 1.71
CB- 570.38'31'W
C-3-42'
OETµ C
SURVEY A- 314
, C2
1
517.06.57
234.50' R7 224.50'RT/
•
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAO 83.
CENTRAL ZONE AND ADJUSTED 10 SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF t00012. AS
PROVIDED BY 0006 ANDERSON, RPLS, SURVCON. INC.
DAPROVEIAENTS SHOWN HEREON ARE BASED UPON
Tx00T AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND. OR OTHER, IMPROVEMENTS
NOT SHOWN.
DETI2LS ARE NOT DRAWN TO SCALE.
4046 C.8lA PIT (91..19 SO
IMC. Mode C010 P6A6996 rn
APSR,.Tma 76104
RW u7-0575
Fam 012,3'5 2022
ASA THOMAS SURVEY A -609
APPROXIMATX LOCATION OF SURVEY LINE
TRACT I
PARCEL 515.
PART 1
0E20 'CREME'
139.1). AC.
/6091 50. ET.
•
1246519. A
0.E51 82.
135416 50. PT.,
PARCEL INFORMATION . 8LOCx
N 70'40' 4J• E 5000.48'
SURVEY BASELINE_
REM.w5ER
3995 AC.
14052.652 50. 21
EXISTING R.O.W. LINE
RVEY BASELINE
CURIE OATH
P /5b 606.75.5
N • 101509965062
E -.31398561589
0 0 • 0 5 ' ' OCT
L • 6.617
r • 62•-40
N - 229
PC 5ra 600.55114
PT SYa 617.0315
LEGEND
TYPE 1 CONCRETE MONUMENT 201.903
TYPE 9 CONCRETE MONUMENT 201411)
TYPE 4CONCOETE 11014WENT SET
Y PPE 704940 491655 NOTED
9011 ROD 51.1 R/ 15001 CAP 1.66.155 .01E0
55 IRON ROD 004940 144E55 5101E0
60 0 NNL SET 554255 P0
50 0 RAS row) 154COS NOTED
CALCULATED P0W1
CENTER
PROPERTY LmE
1 RECORD 51090210,
• . 051 POW 0E 0062)11a40
✓ ot. POW 6F COMMENCN5
P .OA 06011 Or ...POUNCE
2 . 0511 Cr CA/WAWA
▪ POSIT OF 1695CNCT
NT 504.TANCENT 2992
51 519. 1 190 1000
NON PPE TOMO
..r P181c 391310 EA50ENT
0 01TO& PLISLC RECORDS WLLNN500
comm.. TERA9
06F6iAL RECORDS WLLIA5506 COUTOV.7E065
0A.Rt.1., PLAT RECORDS WELMNSON COUNTY, TERA5
5..16.1. DEED RECORDS N6u41005 COIMTY, TEXAS
RIG( -IT -OF -WAY PLAT PACE 4 OF 5
SHOWING PROPERTY OE rr,r. FIELD
NOTE
VILLAGES AT WARNER RANCH PUD, L.P.
PARCEL L 1 148 8 PART 1
1 'DO �y .►
4 -1:PS1h.'sa
� cotyv
62667.55
744.62
•
C 10
159.05'
DETWL C
659.04'
149.76'
625.92.62
199.50' RT
LEGEND
.6„
c62
F
DETAIL B NTR� D.
- `_ `` c ye
/ �3 81.97 . ss,., C /,.
a
Y TYPE I CONCRETE MONUMENT FOUND
m TYPE E CONCRETE M0NUMENI F EXPO
R TYPE ICONCRETE MONUMENT SET
• %- MPE FOUND 04E55 14O7E0
o %2^ NON ROD SET W. 0000T CAP UNLESS N0TE0
• A NON ROD FOUND UNLESS NOTED
• sci D HAIL SET UNLESS NOTED
�� 201150 AT NPR
C PROPERTY UK
T 1 REC000 Sf 0RN4TION
F Con or P pm OF C01MENCMG
F A.4 e. AV OF REFSE�NCE
PONT OF �.G PONT OF TANCE61,
NY PIPE
Fir RCG ' C U pD
KT Np WE
11
Put. P JI,
UBLM UTUTY EASEMENT
OTTINRL NOM RECORDS WE1M445oN
COINTY, TEKAS
RECORDS E
'M. -C. 010 REC0055 WE COUNTY COUNTY. x 45
■•.r,4.,.. PEED RECORDS WELNwSON comm. 50.45
40;M Up0YN TYsO HIN^.'50, S0.
- Meta OW
139! am. EM1s 12
AOPn1, Toes 70704
017) (6016
FO. (61) 926 -5020
� j /
� 2
p \--ON -7.,...c, & \ \\�G d'
\\
IP S F '` $ � \ �
`,y ..F`i`r.
®q
q s 2
9
c Y,
r
..4? 0
,1`6 Tr p -ko,
9
C1 6 S B c �t^ y 20
C4 e A
ft- BUM'
L- 391.14'
T-195.65'
CEI•559e 42'58 "W
C- 391.06'
DEFD AcRKAOE
139340 AC.
10 .13.933 SOFT.)
F � 4 @ F \
S r9 y 7,Y,
1 0 C Q Fl 2SP-
L4
S26 22'08"W
46.30'
PARCEI. INO'ORMAIION BLOCK
PAN0 2
TAKN0 ACRES
0.07 .0.
41,011 4 50.611.1
62039 0*
135.59 AC
1 0.000,540 SO. TT.1
•
c.
1 HEREBY CERTFY 75A1 0415 SURVEY WAS MADE ON THE
GROUND LR'♦DER MY OgECTI0N AN0 SUPERVISION 0110 THA
THIS PLAT 4 TRUE AND CORRECT TO TIE BEST OF MY
KNOWLEDGE AND BELIEF.
// ' 9
MI L R. NA
REC TERED PROFESSIONAL LAND SURVEYOR
NO..259. STATE OF TEXAS
P.O.B.
PARCEL 145
PART 2
629.70.95
211.50 R1
N. 15
11425.9301a
3
E. 3141952,75591
w
T o s.
TE
WILLIAMSON COUNTY, TEXAS
SCALE
T• =100
an
RIGHT -OF -WAY PLAT PACE 5 OF 5
SHOWING PROPERTY OF REF. FIELD
VILLAGES AT WARNER RANCH PUG, L.P. PARC 46568
PAR1 7 J
0.64 Acre Tract
Memucan Hunt Survey A -314
Williamson County, Texas
FN 2453 (TWH)
February 13,2002
SAM, Inc. Job No. 21105 -20
Page 1 of 3
EXHIBIT "C"
DESCRIPTION OF A 0.64 ACRE TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF WILLIAMSON COUNTY
ROAD 170 (CR 170), A VARIABLE WIDTH RIGTH -OF -WAY, SAID 0.64 ACRE TRACT OF LAND AS
SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 -inch iron rod found in the west Right -of -Way (ROW) Line of said CR 170, same being the
southeast corner of the remainder of a called 139.834 acre tract of land described in the deed to Villages at Warner
Ranch PUD, LTD. as recorded in Document No. 199965664 of the Official Public Records of Williamson County,
Texas;
THENCE with said common line N 54° 26' 11" W, a distance of 127.17 feet to a t/2 -inch iron rod with a plastic cap
set for the southwest corner of the tract described herein, and for the POINT OF BEGINNING;
THENCE continuing with said common line the following two (2) courses and distances:
1. N 54° 26' 11" W, a distance of 2.35 feet to a 3/4 -inch iron rod found for an angle point, and
2. N 54° 10' 39" W. a distance of 512.16 feet to a 12-inch iron rod with a plastic cap sct for the northwest
corner of the tract described herein from which a 6013 nail found for the intersection of the south ROW line
of Louis Henna Boulevard (State Highway 45), a variable width ROW, and said CR 170 for the northeast
corner of said 139.834 acre tract bears with said common line, N 54° 10' 39" W, a distance of 105.96 feet;
THENCE leaving said common line and crossing said CR 170 with the north line of the tract described herein,
N 70° 40' 36" E, a distance of 99.27 feet to a 1/2 -inch iron rod with a plastic cap set in the west line of Lot 5 of
Henderson Tract Subdivision, a subdivision of record in Cabinet 1, Slide 195 of the Plat Records of Williamson
County, Texas, same being described in Exhibit `A' of an Agreed Judgement to the City of Round Rock recorded in
Document No. 2002012405 of the Official Public Records Williamson County, Texas, for the northeast comer oft e
tract described herein, from which a 5/8 -inch iron pipe found in the intersection of the south ROW line of said State
Highway 45 and the cast ROW line of said CR 170, for the northwest comer of said Lot 5 bears with said east ROW
line, N 54° 20' 05" W, a distance of 151A3 feet;
0.64 Acre Tract
Memucan Hunt Survey A -314
Williamson County, Texas
THENCE with the common line of said CR 170 and said Lot 5, S 54° 20' 05" E, a distance of 215.69 feet to a 1/2-
inch iron rod with a plastic cap set for the northeast corner of the tract described herein, from which a 1/2 -inch iron
rod found for the southeast corner of said Lot 5 and the northeast corner of Lot 1 of said subdivision bears, with said
east ROW line, S 54° 20' 05" E, a distance of 43.86 feet ;
THENCE leaving said common line and crossing said CR 170 with the are of a curve to the left, a distance of 256.53
feet, through a central angle of 16° 49' 01 ", having a radius of 874.00 feet, and a chord which bears S 35° 27' 19" E,
a distance of 255.61 feet to the POINT OF BEGTNNINC, and containing 0.64 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 WILLIAMSON
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy„ So. Suite 125
Austin, Texas 78704
KNOW ALL MEN HY THESE PRESENTS:
FN 2453 (TWH)
February 13,2002
SAM, Inc. Job No. 21105 -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 September 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15 day of February 2002 AD.
Page 2 of 3
Mich a Hatcher
Regi tered Professional Land Surveyor
No. 4259 - State of Texas
SAM
S0,1.04[II14 NAP%NG•ENGFEUERG
PROPERTY PLAT
SHOWING A PORTION OF
COUNTY ROAD 170
LOIUS HENNA BOULEVARD
STATE HIGHWAY 45
(VARIABLE WIDTH ROW)
N70° 40'36"E 99.27'
DETAIL 'A'
DETAIL NOT TO SCALE
LEGEND
0 %" WON PIPE FAIIAD UNLESS NOTED
O W NON ROD Of PLASTIC CAP SET
• 500 NAL FOUND
• v• 4o 000 FORM W/ CAP MESS NOTED
RECORD NF014LATNNI
. .Da PONT Or B05P•ANG
- AC PONT OF CONIf1CND
Pr WON ROO FORD
pp Dom ME FOLIO
o.Vw.R.c.,. or SPA'. DuELD RECORDS RELPA SON
COA+TT, TEXAS
0_A-.o.TL OrTION. RECORDS NLLIA140N COUNTY. TEXAS
• PLAN RECORDS *DAMSON COUNTY, TEXAS
P.R. ,.. DEED RECORDS WLLINLSON =WY, TEXAS
NOTES
REC
NO
HATC
EREO PROFESSIONAL LAND SURVEYOR
4259. STATE OF TEXAS
•■ s
0 0 .■''
0 -V
O
6 so •B�o G
77 O
C i ! , o
C1 S
A- 16 S
R- 874.00'
T•129.19'
L-256.53'
CB -535' 2719 "E
C- 255.61'
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM. NAD 8.3
CENTRAL ZONE AND ADJUSTED TO SURFACE uSING
A SURFACE ADJUSTMENT FACTOR OF 1,00012. AS
PROVIDED BY DOUG ANDERSON, RPLS. SURVCON, INC.
DETAILS ARE NOT DRAWN TO SCALE.
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDG
/ F
a� SJ d, -
D TE
\ CITY OF ROUND ROCK
EXHIBIT 'A' CALLED 1,79 ACRE
DOC. No, 2002012405
0.P.R.W.C.TX_
FEBRUARY 2002
MEMUCAN HUNT SURVEY A -314
WILLIAMSON COUNTY, TEXAS
SCALE 1 ".50'
0 25 50
C 1
SEE DETAIL •A'
LOT 1
PAGE 3 OF 3
REF. FIELD
NOTE NO 2453
I
0.13 Acrc Tract FN 2452 (TWH)
Memucan Ilunt Survey A -314 February 13, 2002
Williamson County, Texas SAM, Inc. Job No. 21105 -20
DESCRIPTION OF A 0.13 ACRE TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 5 HENDERSON
TRACT SUBDIVISON, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195 OF THE PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAME BEING DESCRIBED TN EXIIIBIT `A' OF THE AGREED
JUDGEMENT TO THE CITY OF ROUND ROCK, TEXAS RECORDED IN DOCUMENT No. 2002012405 OF
THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.13 ACRE TRACT OF LAND
AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a l/2 -inch iron rod found in the common line of said Lot 5, Lot 1 of said subdivision, and
Williamson County Road 170, a variable width Right-of-Way (ROW) for the southwest corner of said Lot 5;
THENCE with said common line, N 54° 20' 05" W, a distance of 43.86 feet to a 1/2 -inch iron rod with a plastic cap
set for the southwest corner of the tract described herein, and for the POINT OF BEGINNING;
THENCE continuing with said common line, N 54° 20' 05" W, a distance of 215.69 feet to a 1/2 -inch iron rod with
a plastic cap set for the northwest comer of the tract described herein, from which a 5/8 -inch iron pipe found for the
intersection of the south ROW line of Louis Henna Boulevard (State Highway 45), a variable width ROW, and the
east ROW line of said CR 170, same being the northwest corner of said Lot 5, bears with said east ROW tine,
N 54° 20' 05" W, a distance of 151.43 feet;
THENCE leaving said common line and crossing said Lot 5 the following three (3) courses and distances:
1. N 70° 40' 36" E, a distance of 27.15 feet to a 1/2 -inch iron rod with a plastic cap set for the northeast comer
of the tract described herein,
2. with the arc of a non - tangent curve to the left, a distance of 124.14 feet through a central angle of
08° 07' 09 ", having a radius of 876.00 feet and a chord which bears S 65° 14' 03" E, a distance of 124.03
feet to a 1/2 -inch iron rod set for the southeast corner of the tract described herein, and
3. with the arc of a non - tangent curve to the left, a distance 01'90_71 feet through a central angle of 05 56' 48 ",
having a radius of 874.00 feet and a chord which bears S 24° 04' 25" E, a distance of 90.67 feet to the
POINT OF BEGINNING, and containing 0.13 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 L00012. As provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WH.T.IAMSON
That I, Michael R. Hatcher, a Registered Professional Laud 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 September 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the I5'" day of February 2002 AD.
Page 1 of 2
ch . - R Hate er
Re_' tared Professional
No. 4259 - State of Te
A•08* 07'09'
R•876.00'
T •62.17'
L•124.14'
CB•S65 14'03 "E
C•124.03'
C2
A.05 56
R- 874.00'
T - 45.40'
L- 90.71'
C8 -S24° 04'25 "E
C•90.67'
NOTES:
NN N
CITY OF ROUND ROCK
EXHIBIT 'A' CALLED 1.79 ACRE
DOC. No. 2002012405
O.P.R.W.C.Tx,
.0"(kloCIO, v 4S`
IP
\ o
S te/ s 0
� �0 ?4s6
\ T J
\ c T } J
k
BEARINGS AND COORDINATES ME BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAO 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 THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT 15 TRUE - 0 CORRECT TO THE BEST OF MY
KNOWLEDGE AND- F .
a
MICH I L R. HATC'ER
REG TERED PROFESSIONAL LAND SURVEYOR
N0. 4259, STATE OF TEXAS
4020 C,plalol Tom HIDIMp., SO.
e. &ado 0070 fl lNaNNW Plop Suss 175
AuNYL Toms 70704
(612) 047-0075
F (OCR 928 -9029
C1
v �
DATE
LOT 5
HENDERSON TRACT SUBDIVISION
CAB. I, SL. 195
P.R.W.C.TX.
PROPERTY PLAT
SHOWING PROPERTY OF
CITY OF ROUND ROCK
FEBRUARY 2002
MEMUCAN HUNT SURVEY A -314
WILLIAMSON COUNTY, TEXAS
SCALE 1 " -50'
0 25 50
C2
P.0.9.
LEGEND
1
Q
PR NM. W /SNNER FOUND
O W 004 Inn (70A0 IPEESS ROM
O K IKON 000 W7 RA51t CAP SET
• CMLOAATEO row
• 16 IRON ROD KIM W, CM' MESS 1107E0
1 7 RECORD MCONIATIOI
P AL PONT G O
P- PONT OF COIMENUIG
NON R00 TWA
_ POW PPE FOOND
O)..•
007101& PUBLIC KM= WLDN/SON
COWT7. TEXAS
�.. OFFICIM. RECORDS WLLUNSON CENNIT.TEXAS
*•- PLAT RECORDS WLLEARSON COUNTY. 1EXA5
ANALT'. OEE0 RECORDS MLLIAVSON COWTY, 10547
LOT 1
PAGE 2 OF 2
REF. FIELD
NOTE NO 2452
TEO
EXHIBIT "D"
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK, TEXAS, a Texas Home Rule City ( "Grantor "), for
and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) in hand paid
to Grantor by VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited
partnership ( "Grantee "), whose mailing address is c/o The Hanover Company, 5847 San
Felipe, Suite 3600, Houston, Texas 77057, and other good and valuable consideration,
the receipt and sufficiency of which consideration are hereby acknowledged, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL AND
CONVEY unto Grantee that certain tract of real property located in Williamson County,
Texas, as more particularly described on Exhibit A attached hereto, incorporated herein
and made a part hereof for all purposes, together with any rights and appurtenances of
Grantor pertaining thereto (the "Property ").
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns
forever; and Grantor does hereby bind itself and its successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof by, through or under Grantor but not otherwise; provided
that this conveyance and the warranty of Grantor herein contained are subject to all
easements, rights -of -way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases,
mineral severances, and other instruments, other than liens and conveyances, that affect
the Property, rights of adjoining owners in any walls and fences situated on a common
boundary; any encroachments or overlapping of improvements; and taxes for the current
year and taxes for prior years due to a change in land usage or ownership, the payment of
which Grantee assumes.
EXCEPT FOR THE WARRANTIES OF 1I1LE EXPRESSLY PROVIDED HEREIN, GRANTOR
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER
(INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS
FOR PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE
ENVIRONMENTAL AND SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY
FOR GRANTEE'S INTENDED USE THEREOF AND GRANTEE, BY ITS ACCEPTANCE
HEREOF, ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS ",
"WHERE IS" AND "WITH ALL FAULTS ".
Z:V.egal \Wamer Ranch tka Round Rock \DeedCR170.doc
1
IN WITNESS WHEREOF, this instrument is executed on this _ day of
, 2002.
COUNTY OF WILLIAMSON§
STATE OF TEXAS
Z: \Legal \Warner Ranch fka Round Rock \DeedCRI70.doc
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
This instrument was acknowledged before me on this day of
2002, by Robert A. Stluka, Jr., Mayor of the City of
Round Rock, Texas, a Texas Home Rule City, on behalf of said entity.
Notary Public, State of Texas
2
• • Parcel: 148, Parts' & 2
THE STATE OF TEXAS 5
5
COUNTY OF WILLIAMSON 5
EXHIBIT "E"
SPECIAL WARRANTY DEED
State Highway 45 Right -of -Way
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed State Highway 45 ( "Project "); and,
WHEREAS, the purchase of the hereinafter- described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN HY THESE PRESENTS:
That, VILLAGES AT WARNER RANCH PUD, LP, a Delaware Limited Partnership,
hereinafter referred to as "Grantor," whether one or more, for and in
consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable
consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt
and sufficiency of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents
do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those
certain tracts or parcels of land lying and being situated in the County of
Williamson , State of Texas, being more particularly described as follows:
Parcel 148; Part 1: 0.882 acre tract as more particularly described
in Exhibit "A ", attached hereto and incorporated herein; and
Parcel 148; Part 2: 0.207 acre tract as more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
Grantor reserves all of the oil, gas and sulphur in and under the land
herein conveyed but waives all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
State to take and use all other minerals and materials thereon, therein and
thereunder.
With respect to Parcel 148, Part 1, as described above, Grantor hereby
acknowledges that its use of and access to the expressway lanes to be
constructed in conjunction with the highway improvement project for which the
Land hereby conveyed shall become a part, shall be and forever remain subject
to the same regulation by legally constituted authority as applies to the
public's use thereof; and Grantor further acknowledges that the design and
operation of such project require that access from Grantor's remaining property
to said project shall be governed henceforth as indicated in Paragraphs (A)and
(B) hereinbelow;
00005329.WPD
With respect to Parcel 148, Part 2, as described above, Grantor hereby
acknowledges that its use of and access to the expressway lanes to be
constructed in conjunction with the highway improvement project for which the
Land hereby conveyed shall become a part, shall be and forever remain subject
to the same regulation by legally constituted authority as applies to the
public's use thereof; and Grantor further acknowledges that the design and
operation of such project require that access from Grantor's remaining property
to said project shall be governed henceforth as indicated in Paragraphs (A),
(B), and (C) hereinbelow; and all abutter's rights, including rights of ingress
and egress and the right of direct access to and from Grantor's remaining
property to said project, which have accrued or might otherwise accrue to
Grantor, its successors or assigns are hereby waived, released and relinquished
insofar as they appertain to Paragraphs (B) and (C) hereinbelow:
(A) Access to and from Grantor's remaining property will be permitted:
To the remainder abutting the highway facility between
a point being the beginning of the first call and a
point being 50 feet S 75 16' 28" W of the beginning of
the second call for the description of Parcel 148, Part
2 as shown on Exhibit "A ".
00005329.WPD
(A) Access to and from Grantor's remaining property will be permitted:
To the remainder abutting the highway facility.
(B) Access to and from Grantor's remaining property will be denied:
Access will not be denied.
(B) Access to and from Grantor's remaining property will be denied:
To the remainder abutting the highway facility between
a point being 75 feet S 75 16' 28" W of the beginning
of the second call and a point being 350 feet (arc
length) in a southwesterly direction from the beginning
of the third call of the description of Parcel 148, Part
2 as shown on Exhibit "A ".
(C) Access to the Grantor's remaining property will be permitted and
access from the Grantor's remaining property will be denied:
To the remainder abutting the highway facility between
a point being 350 feet (arc length) in a southwesterly
direction from the beginning of the third call to a
point being the end of the fourth call of the
description of Parcel 148, Part as shown on Exhibit "A ".
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights -of -way, and prescriptive rights, whether of record or not all presently
2
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantor does hereby bind itself, its successors and assigns
to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against
every person whomsoever lawfully claiming or to claim the same or any
part thereof by, through, or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER
(INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR
PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE ENVIRONMENTAL
AND SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY FOR GRANTEE'S
INTENDED USE THEREOF AND GRANTEE, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY "AS IS ", "WHERE IS" AND "WITH ALL FAULTS ".
IN WITNESS WHEREOF, this instrument is executed on this the day of
, 2002.
00005329.WPD
VILLAGES AT WARNER RANCH PHD, LP
By: THC /Southwest Division Limited
Partnership, its general partner
By: Hanover G.P LLC, its general
partner
By:
3
Kathy K. Binford, Vice President
THE STATE OF TEXAS
COUNTY OF HARRIS
00005329. W PD
§
§
Acknowledgment
This instrument was acknowledged before me on the day of
, 2002, by Kathy K. Binford, Vice President of Hanover
G.P. LLC, a Texas limited liability company and general partner of
THC /Southwest Division Limited Partnership, a Texas limited partnership,
on behalf of said partnership as the general partner of Villages at
Warner Ranch PUD, LP, a Delaware limited partnership, as the act and
deed of said company and partnerships.
4
Notary Public, State of Texas
ISSUED BY
Ju)yers itlejnsurance Crmotion
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation, herein called the Company, insures, as of
Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance slated in Schedule A, sustained or incurred by the
insured by reason Of:
1. Title to the estate or interest described in Schedule A being vested other than as staled therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractors, or materialmen's lien for labor or material having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest:
Texas Owner's Policy T -1 (Rev. 1 -1.93)
Cover Page
Form 1178 - 22
Secretary
ORIGINAL
OWNER'S POLICY OF TITLE INSURANCE
4'
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records al Date of Policy.
(b) Any governmental police power not excluded by (a) above, except 10 the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained i1 the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy, stale insolvency, or other state or federal creditors' rights laws that is based on either
(i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable
subordination or
(iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS.
The following terms when used in this policy mean'.
(a) 'insured ": the insured named in Schedule A, and, subject to any rights or
defenses he company would have had against the named insured, those who succeed
to the interest of the named insured by operation of law as distinguished from purchase
including, but not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following:
(i) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or complete
liquidation;
(ii) the partnership successors in interest to a general or limited
partnership which dissolves but does not terminate;
(iii) the successors in interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial or
complete liquidation.
(iv) the successors in interest to a joint venture resulting from the
distribution of the assets of the joint venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a written
trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from the
distribution of all or part of the assets of the trust to the beneficiaries thereof.
(b) 'insured claimant ":, an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive knowledge or
notice that may be imputed to an insured by reason of the public records as defined in
this policy or any other records which impart constructive notice of matters affecting the
land.
(tl) "land ": the land described or referred 10 in Schedule A, and improvements
affixed thereto that by law constitute real property. The term "land" does not include any
property beyond the lines of the area described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) mortgage ": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records': records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property to
purchasers far value and without knowledge. With respect to Section 1(a)(iv) of the
Exclusions From Coverage, "public records" also shall include environmental protection
liens filed in the records of the clerk of the United States district court for the district in
which the land is located.
(g) "access ": legal right of access to the land and not the physical condition of
access. The coverage provided as to access does not assure the adequacy of access
for the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Dale of Policy in favor of
an insured only so long, as the insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or conveyance of the estate or interest.
This policy shall not continue in force in favor of any purchaser from the insured of either
(i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (1) in case of any litigation
as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest that is adverse to the title to the estate or
interest. as insured, and that might cause loss or damage for which the Company may
be liable by virtue of this policy. If prompt notice shall not be given to the Company,
then as to the insured all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
When, after the date of the policy. the insured notifies the Company as required
herein of a lien, encumbrance, adverse claim or other detect in title to the estate or
interest in the land insured by This policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to determine
whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or
statute. The Company shall notify the Insured in writing, within a reasonable lime, of its
determination as to the validity or invalidity of the insured's claim or charge under the
policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is
not covered by this policy, or was otherwise addressed In the closing of the transaction
in connection with which this policy was issued, the Company shall specifically advise
the insured of the reasons for its determination. If the Company concludes that the lien,
encumbrance, adverse claim or defect is valid, the Company shall take one of the
following actions: (i) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or defect from the title to the estate as insured; (0) indemnity the insured
as provided in this policy; (iii) upon payment of appropriate premium and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest in the land insured by this policy, a policy of title insurance without
exception for the lien, encumbrance, adverse claim or detect, said policy to be in an
amount equal to the current value of the property or. If a mortgagee policy, the amount
of the loan; (iv) indemnify another title insurance company in connection with its
issuance of a policy(ies) of title insurance without exception for the lien, encumbrance,
adverse claim or defect; (v) secure a release or other document discharging the lien,
encumbrance. adverse claim or defect; or (vi) undertake a combination of (1) through (v)
herein.
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE_
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but only
as to those staled causes of action alleging a defect, lien or encumbrance or other
matter insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for reasonable cause)
to represent the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel. The company will not pay any lees, costs
or expenses incurred by the insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, at Its own cost, to institute and prosecute
any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to insured. The Company may lake any appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of This policy. It the Company shall
exercise its rights under this paragraph, it shall do diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from any adverse judgment
or order
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals herein, and permit the Company to use, at its option, the name of the insured
for this purpose. Whenever requested by the Company, the insured, at the Company's
expense, shall give the company all reasonable aid )i) in any action or proceeding,
securing evidence, - obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of
the Company may be necessary or desirable to establish the title to the estate or
interest as insured_ If the Company is prejudiced by the failure of the insured to furnish
the required cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requirng such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and swom to by the insured claimant shall be furnished to the Company within 91 days
after the insured shall ascertain the facts giving nse to the loss or damage. The proof of
loss or damage shall describe the defect in, or lien or encumbrance on the title, or other
matter insured against by this policy that constitutes the basis of lass or damage arld
shall state, 10 the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of the insured claimant to provide
the required proof of loss or damage, Inc Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such proof of loss
or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date
before or after Date of Policy, which reasonably pertain to the loss or damage_ Further, if
requested by any authorized representative of the Company, the insured claimant shall
gran) its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in Inc custody or control of a third party, which reasonably pertain to the
lass or damage. All inlormalion designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the administration
of the claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys' tees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay,
Upon the exercise by the Company of This option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
continued on next page of cover sheet
0220454 L 491 $ * ** *347,000.00 $* *2,543.00 1000
CASE NUMBER
2001 RR 220454 -K (199) /khs
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
6/18/2002 $ * ** *347,000.00 0220454
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK, TEXAS
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, TEXAS
4. The land referred to in this policy is described as follows:
PARCEL 148• PART 1: 0.882 ACRE TRACT AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN; AND
PARCEL 148• PART 2: 0.207 ACRE TRACT AS MORE PARTICULARY DESCRIBED IN
EXHIBIT "A " ", ATTACHED HERETO AND INCORPORATED HEREIN
NOTE: THE COMPANY IS PROHIBITED FROM INSURING THE AREA OR QUANTITY OF THE
LAND DESCRIBED HEREIN. ANY STATEMENT IN THE ABOVE LEGAL DESCRIPTION OF THE
AREA OR QUANTITY OF LAND IS NOT A REPRESENTATION THAT SUCH AREA OR QUANTITY
IS CORRECT BUT IS MADE ONLY FOR INFORMATIONAL AND OR IDENTIFICATION
PURPOSES AND DOES NOT OVERRIDE ITEM 2 OF SCHEDULE HEREOF.
AUSTIN TITLE COMPANY
z - . .un a sign
Texas Owner's Policy T -1 (Rev. 1 -1 -9 Valid Only If Schedule B
Schedule A And Cover Page Are Attached
County: Williamson
Parcel No.: 148
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
PART I
DESCRIPTION OF A 0.882 ACRE (38.414 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION OF THE REMAINDER OF A CALLED 138.543 ACRE TRACT OF LAND (TRACT I), THE
REMAINDER OF A CALLED 0.363 ACRE TRACT OF LAND (TRACT 11), AND THE REMAINDER OF A
CALLED 0.928 ACRE TRACT OF LAND (TRACT 111) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.882 ACRE (38,414 SQUARE
FEET) TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM. INC. FOR THIS
PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation ( TXDOT) Type 1I concrete monument set in the east Right -
of -Way (ROW) line of Jazz Street (a 70 -foot wide ROW) dedicated in Remington Heights, Phase 1, Section A a
subdivision of record in Cabinet N. Slide 238 of the Plat Records Williamson County, Texas ( P.R.W.C.TX.), same
being the west line of said Tract 111, also being in the proposed south ROW line of State Highway 45, for the
southwest corner of the tract described herein. and being 262.82 feet right of Survey Baseline Station 615 +85.49.
from which a I/2 -inch iron rod found bears S 16° 33' 52" E, a distance of 545.51 feet;
I) THENCE with the common line of Jazz street, and said Tract 111, N 16° 33' 52" W, a distance of 113.72
feet to a calculated point, for the common corner of a tract of land dedicated to the City of Round Rock for
Public Right of Way purposes. executed on October 21 ". 1999 (recording information not available as of
June 15 2000), and the northwest corner of the remainder of said Tract 111. also being the northwest
corner of the tract described herein;
2) THENCE leaving said common line with the common line of said City of Round Rock tract and the
remainders of said Tract 111, Tract II, and Tract 1 N73 °30'23 "E, a distance of 488.85 feet to a calculated
point in the west ROW line of Warner Ranch Drive (having a variable width R.O.W.) as shown on the plat
of Warner Ranch Phase 1 -A. recorded in Cabinet S. Slide 25 -28 of the P.R.W.C.TX.. and being the
northeast corner of the tract described herein;
3) THENCE with said ROW line, S09 °57'47 "E, a distance of 92.77 feet to a Texas Department of
Transportation (T %DDT) Type 11 concrete monument set, same being the southeast corner of the tract
described herein and being 26437 feet right of Survey Baseline Station 620+62.79;
THENCE crossing said Tract 1, Tract 11, and Tract 111, the following six (6) courses and distances, numbered 4
through 9:
4) 14 61° 21' 10" W, a distance of 38.10 feet to a TXDOT Type 11 concrete monument set, being 236.47 feet
right of Survey Baseline Station 620 +37.28,
FN1756R
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 148
Page I of 5
• June 15, 2000
20081 -20
Page 2 of 5
June 15, 2000
5) with the arc of a curve to the right a distance of 179.53 feet through a central angle of 01 46' 25 ", having a
radius of 5800.00 feet, and whose chord bears S 68° 1 I' 39" W, a distance of 179.53 feet to a TXDOT Typc
11 concrete monument set, being 244.25 feet right of Survey Baseline Station 6!8+57.92,
6) S 74° 21' 59" W, a distance of 151.66 feet to a TXDOT Type 11 concrete monument set, being 234.50 feet
right of Survey Baseline Station 617+06.57,
7) with the arc of a curve to the right passing at an arc distance of 3.42 feet a TXDOT Type 0 concrete
monument set, being 23450 feet right of Survey Baseline Station 617+03.15. continuing for a total arc
distance of 46.53 feet, through a central angle of 00° 27' 38 ", having a radius of 5788.00 feet, and whose
chord bears S 70° 48' 23" W, a distance of 4633 feet to a TXDOT Type 11 concrete monument set, being
234.43 feet right of Survey Baseline Station 616 +60.48,
8) S 70° 59' 21" W, a distance of 45.79 feet to a TXDOT Type 11 concrete monument set, being 234.32 feet
right of Survey Baseline Station 616 +15.15, and
9) S 27° 11' 26" W, a distance of 41.50 feet to the POINT OF BEGINNING and containing 0.882 acre
(38,414 square feet) of land. more or less.
PART 2
DESCRIPTION OF A 0.207 ACRE (8,996 SQUARE FEET) TRACT OF LAND LOCATED IN THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 138.543 ACRE TRACT OF LAND (TRACT I) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT Na 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.207 ACRE (8,996 SQUARE FEET)
TRACT. AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT) Type 11 concrete monument set in the west Right -
of -Way (ROW) line of County Road 170 (a varying width ROW, no recording information found). same being the
east line of the remainder of said 138.543 acre tract. also being in the proposed south ROW line of State Highway
45, for the southeast corner of the tract described herein and being 211.50 feet right of Survey Baseline Station
629 +30.95, from which a I/2 -inch iron rod found in said common line bears S 54° 10' 38" E, a distance of 512.78
feet;
THENCE crossing the remainder of said 138343 acre tract with the proposed south ROW line of said State
Highway 45 the following four (4) courses and distances, numbered 1 through 4:
1) S 70° 40' 42" W, a distance of 189.05 feel to a TXDOT Type 11 concrete monument set, being 211.50 feet
right of Survey Baseline Station 627+41.90,
2) S 75° 16' 28" W, a distance of 149.76 feet to a TXDOT Type 11 concrete monument set, being 199.50 feet
right of Survey Baseline Station 625 +92.62,
3) with the arc of a curve to the left an arc distance of 391.14 feet, through a central angle of 03° 55' 29",
having a radius of 5710.00 feet. and whose chord bears, S 68° 42' 58' W. a distance of 391.06 feet to a
TXDOT Type 11 concrete monument set, being 212.89 feet right of Survey Baseline Station 622 +01.79, and
4) S 28° 22' 08" W, a distance of 46.30 feet to a TXDOT Typc 11 concrete monument set in the east ROW line
of Warner Ranch Drive (having a variable width ROW) as shown on the plat of Warner Ranch Phase I - A,
recorded in Cabinet S, Slide 25 -28, of the Plat Records of Williamson County. Texas, same being a west
line of the remainder of said 138.543 acre tract, being 244.62 feet right of Survey Baseline Station
621 +67.55, from which a r5.inch iron rod with a plastic cap found in said common line bears.
S09 °57'47 "E, a distance of 58.27 feet;
FN 1756R
20081 -20
5) THENCE with said common line, N 09° 57' 47" W, a distance of 66.74 feet to a calculated point for the
west common corner of the remainder of said 138.543 acre tract, and a tract of land conveyed to the City of
Round Rock for 'right -of -way purposes ", executed October 21, 1999, no recording information available
as of June 15, 2000, and being the northwest corner of the tract described herein, from which a V,-inch iron
rod with a plastic cap found in said east R.O.W. line, same being the west line of said City of Round Rock
tract, bears, N09 ° 57'4T'W, a distance of 100.00 feet;
THENCE with the south line of said City of Round Rock tract, same being a north line of the remainder of said
138.543 acre tract the following three (3) courses and distances, numbered 6 through 8:
6) N 73° 30' 23" E, a distance of 659.04 feet to a calculated point,
7) N 00 02' 14" W, a distance of 10.50 feet to a calculated point, and
8) - N 69 13' 25" E. a distance of 81.97 feet to a calculated point in the west Right -of -Way line of said County
Road 170, same being the east line of the remainder of said 138.543 acre tract and being the northeast
corner of the tract described herein;
9) THENCE with said common line, S 54° 10' 38" E, a distance of 15.57 feet to the POINT OF
BEGINNING and containing 0,207 acre (8996 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone. NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
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 June 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County. Texas this the 16'" day of June, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
FN 1756R
KNOW ALL MEN BY THESE PRESENTS:
Page 3 of 5
June 15, 2000
ichae R. Hatcher
Registe ed Professional Land Surveyor
No. 4259 ,Texas
20081 -20
- 7mir:!XSoN SeA COUA7r TEXAS
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S TATE OF TEXAS
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VOL. -1544, F'G.
0- R.W.C.Tx.
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CITY OF ROUND ROCK
DEED. .FOR "PUBLIC RIGHT -OF -WAY PURPOSES"
._-- OCTOBER 21 1999 -
RECORDING INFORMATION NOT AVAILABLE AS
OF JUNE 15, 2000
DETAILS ARE NOT DRAWN TO SCALE.
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BEARINGS ANO 000001NATE5 ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, RAD 83.
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE AOJVSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON. WC.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
T x00T AERIAL SURVEY DIGITAL FRES. THERE MAY BE
ADDITIONAL UNDERGROUND. DR OTHER, 0.PROVEMENTS
NOT SHOWN.
STATE HWY 45
LOUIS HENNA BLVD.
IVAR1N3LE WIDTH R
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CURVE DATA
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I HEREBY CERTfY 'THAI THIS SURVEY WAS MADE ON THE
GROUND UPPER YT OIREC 1001 AND SUPERVISION AND MA
THIS PLAT 6 TRUE AND CORRECT TO THE 705T OF MY
KNOWLEDGE AND BELIEF.
L R. NAT
900.7(RE5 PROFE590NAL LAND SURVEYOR
NO. 9259, STATE OF TEXAS
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RIGHT - OF -WAY °LAT PAGE 5 OF 5
RFF
SHOWING PROPERTY OF 1400 FIELD
VILLAGES AT WARNER RANCH PLO, I_ .P PARCEL 0. 4 8 7$64
PAR 1 7
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF
POLICY
2001 RR 220454 -R (199) /khs 6/18/2002
SCHEDULE B
POLICY NUMBER
0220454
This policy does not insure against loss or damage (and the Company will
not pay costs, attorney's fees or expenses) that are by reason of the terms
and conditions of the leases or easements insured, if any, shown in Schedule A
and the following matters:
1. The following restrictive covenants of record itemized below (the Company
must either insert specific recording data or delete this exception):
VOLUME 1747, PAGE 34, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any i nsured.
4. Any titles or rights asserted by anyone, including but not limited to,
a. s
totidelands, public, corporations, shores other entities, or
perennial rivers and streams lakes, bays, gulfs or oceans, or
b. to lands be and the line of the harbor or bulkhead lines as established
or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of
vegetation or the right of access to that area or easement along and
across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year
2002 , and subsequent years; and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the roperty under Section 11.13, TEXAS TAX
CODE, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception.):
RIGHTS OF PARTIES IN POSSESSION.
7. ANY VISIBLE AND /OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD.
8. ANY PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH FALLS WITHIN THE
BOUNDARIES OF ANY ROAD OR ROADWAY.
9. AN EASEMENT DATED NOVEMBER 5 1971 GRANTED TO MANVILLE WATER SUPPLY
CORPORATION BY BILLY GLENN, RECORDED IN VOLUME 581, PAGE 706, DEED RECORDS,
( CONT. ON SCH. 8, PAGE 2 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2001 RR 220454 -K (199) /khs 6/18/2002 0220454
SCHEDULE B
TRAVIS COUNTY TEXAS. (EASEMENT FOR PIPELINE, TOGETHER WITH ALL RIGHTS
RECITED THEREIN)
10. COMPANY AN M BYTBILLY D WAY GLENN, RECORDED IN V AGE PAGE DEED E RECORDS,
WIL COUNTY, TEXAS. (EASEMENT FOR TELECOMMUICATION CABLE SYSTEM,
TOGETHER WITH ALL RIGHTS RECITED THEREIN)
11. AN EASEMENT DATED APRIL 27 1982 GRANTED TO TEXAS POWER AND LIGHT COMPANY
AND SOUTHWESTERN BELL TELEPHONE COMPANY BY B.W. GLENN RECORDED IN VOLUME
ELECTRIC LINE, RECORDS, WILLIAMSON RIGHTSERECITEDETHEREIN)FOR
12. ROUND S ROCK T INDUSTRI OCTOBER PARK, ECORDEDGINNVOLUME TEXAS PAGE TELECOMMUNICATIONS OFFICIAL
BY
SERVICES, ALL TEXAS. GHS RECITED THEREIN)
TELEVISION
13. AN EASEMENT DATED JUNE 14 1996 GRANTED TO WILLIAMSON COUNTY AND CITY OF
OFFICIAL ROCK BY ROUND
CIALPUBLIC RECORDS, WILLIAMSON COUNTY, TERXAAS. A (EASEMENT FOR RTEMPORARY
DRAINAGE, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
14. AN EASEMENT DATED JUNE 14 1996 GRANTED TO CITY OF ROUND ROCK BY ROUND
ROCK INDUSTRIAL PARK RECORDED AS DOCUMENT #9631148 OFFICIAL PUBLIC
RECORDS,
TEMPORARY WILLIAMSON
RYCONSTR CONSTRUCTION, TOGETHER WITHAALLMR FOR
RIGHTS RECITED THEREIN)
15. AN EASEMENT DATED JUNE 29 2000 GRANTED TO TXU ELECTRIC COMPANY BY
VILLAGES AT WARNER RANCH PUD LP RECORDED AS DOCUMENT #2000049044,
OUNDE R R CMANY, TOGETHER COUNTY, L RIGHTS REC (EASEMENT
UNDERGROUND THEREIN)
16. TH ITH AL EREIN)
16. AN EASEMENT DATED JUNE 14 1996 GRANTED TO CITY OF ROUND ROCK BY ROUND
ROCK INDUSTRIAL PARK RECORDED AS DOCUMENT #9631149 OFFICIAL PUBLIC
RE WILL I A M S O N ICO U NTY, TEE S. (EASEMENT FOR TEMPORARY DRAINAGE,
BY
17 VVIILLAGESS EASEMENT WARNER 2001, RECORDED AS #22001009080,
POSSESSION�AND O TOGETHER�WITH O ALL O RI IGHTS
THEREIN) FOR
18. AN UNDIVIDED ONE- FOURTH (1 /4TH) INTEREST IN ALL OIL, GAS AND OTHER
MINERALS ON IN UNDER OR THAT MAY BE PRODUCED FROM THE SUBJECT PROPERTY AS
SET FORTH IN INSTRUMENT RECORDED IN VOLUME 973, PAGE 274, OFFICIAL RECORDS,
( CONT. ON SCH. B, PAGE 3 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER LE INSURANCE
CASE NUMBER DATE OF
POLICY
2001 RR 220454 -K (199) /khs 6/18/2002
SCHEDULE B
WILLIAMSON COUNTY, TEXAS.
NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTEREST(S) NOT EXAMINED
SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT.
POLICY NUMBER
0220454
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only I£ Schedule A
Schedule B And Cover Page Are Attached
CONDITIONS AND STIPULATIONS — CONTINUED
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
.insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to pay',
or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant, which were authorized by the Company up to the time
of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for In
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for
the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of,
(i) the Amount of Insurance stated in Schedule A;
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy at the date the insured claimant is required
to furnish to Company a proof of loss or damage in accordance with Section 5 of these
Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A al the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the Lull
consideration paid for the land, whichever is less, or it subsequent to the Date of Policy
an improvement is erected on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears th the total value of the insured estate or interest at
Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
lass, the Company shall only pay the loss pro rata in the proportion that 120 percent of
the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance slated in Schedule A and the amount expended for the improvement.
The provisions of 'this paragraph shall not apply to costs, attorneys' lees and
expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' lees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
B. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
being used as a single site, and a loss is established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon
as t0 each parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured, or
lakes action in accordance with Section 3 or Section 6, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom, it shall
have fully performed its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent jurisdiction, and disposition 51 all
appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood That the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception is taken in Schedule B or to which the insured has agreed, assumed, or
taken subject, or which is hereafter executed by an insured and which is a charge or lien
on the estate or interest described or referred to in Schedule A, and the amount so paid
shall be deemed a payment under this policy to the insured owner.
81178
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy far endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with These Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant
The Company shall be subrogated to and be entitled to all rights and remedies
That the insured claimant would have had against any person or property in respect to
the claim had this policy not been issued. If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The insured claimant
shall permit the Company to sue, compromise or settle in the name of the insured
claimant and to use the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
II a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion that the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act
shall not void this policy, but the Company, in that event, shall be required to pay only
that part of any losses insured against by this policy that shall exceed the amount. if
any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non - Insured Obligors.
The Company's right of subrogation against non - insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or conditions contained in
those instruments that provide for subrogation rights by reason of this policy.
19. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules or the American
Arbitration Association. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising out of or relating to
this policy, any service of the Company in connection with its issuance or the breach of
a policy provision or other obligation. All arbitrable matters when the Amount of
Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the insured is an individual person (as distinguished
Irom a corporation, trust, partnership, association or other legal entity). All arbitrable
matters when the Amount of Insurance is in excess of 51,000,000 shall be arbitrated
only when agreed to by both the Company and the Insured. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon the
parties. The award may include attorneys' fees only if the laws of the state in which the
land is located permit a court to award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and canlracf between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(5) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and shall
be addressed lo: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia
23261 -7567.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write to the Company that issued the policy. 11 the
problem is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 78714 -9091, Fax No. (512) 475 -1771. This notice of
complaint procedure is for information only and does not become a part or
condition of this policy.
CONTROL NUMBER 011 0 019 5 6 4.
w
nsurance &p
TEXAS OWNER
POLICY OF
TITLE INSURANCE
Issuer, By
latuyers"Title Insurance @potation
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
L
A WORD OF THANKS .....
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
auoyers itle
Insurance @rp
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1- 800 -442 -7067