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R-03-05-08-15B1 - 5/8/2003THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT OF SALE ( "Contract ") is made by and between KENNETH WALKER, and wife REBECCA WALKER (collectively referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. Purchaser has previously threatened condemnation of the Property (described below.) Under threat of condemnation, Seller agrees to convey the Property to Purchaser, and this Contract sets forth the terms and provisions of such sale in lieu of condemnation. 0: \,d , \cDRR \[zanspct \<z12Z,,, \val ker \,,,1,,[ \OD05�26].wPD /dc REAL ESTATE CONTRACT RECITALS ARTICLE I PURCHASE AND SALE ARTICLE II PURCHASE PRICE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, land situated in Williamson County, Texas, being more particularly described as follows: 0.091 of an acre of land, more or less, out of Lot 1, Old Oak Estates, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet D, Slides 49 -50, Plat Records, Williamson County, Texas, and being more particularly described in Exhibit "A" attached hereto and incorporated herein, 1 COpy together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Five Thousand and 00 /100 Dollars ($5,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within thirty (30) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Georgetown Title Company, Inc.(the "Title Company ") of 1717 N. Mays, Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of thirty (30) days after Purchaser receives the updated Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may (but shall not be obligated to) attempt to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done so within thirty (30) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before June 1, 2003 or at such time, date, and place as Seller and Purchaser may agree after the resolution of any title curative issues which cannot be completed prior to June 1, 2003 (which date is herein referred to as the "Closing Date "). 2 (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 4.02 in cash. Seller's Obligations 4.01. At the closing Seller shall: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. Purchaser's Obligations At the Closing, Purchaser shall pay the purchase price Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the Closing Date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the 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. 3 Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3. All costs for obtaining releases from any lienholders shall be paid by Purchaser. ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred and no /100 Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow 4 Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder (except as provided for in Section 9.01 below). ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 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 FedEx or other similar delivery service or by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 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. 5 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. 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. Possession of property prior to closing (j) For the consideration to be paid by the City which is set forth in Article II above, Seller, upon executing this contract by affixing their signatures hereto, hereby grants, bargains, sells and conveys to the City exclusive and immediate possession, use and right 6 of entry onto the Property for the purpose of constructing a roadway project and appurtenances thereto and the right to remove any improvements. At no time during the possession by the City will access to the Property be denied. The foregoing grant will extend to the City, its contractors, assigns and /or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property, to begin immediately and prior to the closing date. The purpose of this grant is to allow the City to proceed with its construction project without delay. SELLER: ���fiVVIG �Q°li� KENNETH WALKER REBECCA WALKER Date: / 7 0 3 CITY •7' a , Mayor 221 Main Street Round Rock, Texas 78664 Date: c"7cci p p -D3 , 2003 PURCHASER: By: 7 DESCRIPTION FOR A 0.091 ACRE (3,987.60 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF "OLD OAKS ESTATES" A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET D SLIDE 49 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.091 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on a point in the westerly right -of -way line of County Road 122(C.R 122) (right -of -way width varies), same being the north boundary line of said Lot 1, also being the most southeasterly corner of Lot 11 of "Forest Bluff- Sec. 1B ", a subdivision according to the Plat thereof recorded in Cabinet D Slide 49 of the Plat Records of said County, from which an iron rod found on a point in the north boundary line of said Lot 1, same being the most southwest comer of said Lot 11, same being the most southeast comer of Lot 12 of said "Forest Bluff Sec. 1B" subdivision, bears S89 "W a distance of 41.17 -feet, THENCE continuing with the westerly right -of -way line of said C.R 122, same being the north boundary line of said Lot 1, N89 ° 52'30 "E (Bearing Basis/Directional Control Line) for a distance of 20.01 -feet to a point being the most northeast corner of said Lot 1; THENCE continuing with the westerly right-of-way line of said CR. 122, same being the east boundary line of said Lot 1, S00 "E for a distance of 194.36 -feet to a point being the most southeast comer of said Lot 1, same being the most northeast comer of Lot 2 of said "Old Oaks Estate" subdivision; THENCE departing the westerly right-of-way line of C.R. 122, with the south boundary line of said Lot 1, same being the north boundary line of said Lot 2, N89 "W for a distance of 21.03 -feet to an iron rod set hereof; THENCE departing the north boundary line of said Lot 2, through the interior of said Lot 1, N00 ° 13'25 "E for a distance of 19431 -feet to the POINT OF BEGINNING hereof and containing 0.091 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professi • al Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 (512) 244-9650 122w11.dx LOT 4 LOT 3 . 1.0T 13 LEGEND SKETCH TO ACCOMPANY DESCRIPTION IF 168.0T' 1RF 41.17' N89*52'30"E 20.0r L__ T 3i.UFF SEC. SCALE: 1 CAE. N, .779 LOT P.O.B. L 0 r 12 • IRE - IRON ROO FOUND o = IRON ROO SET ( ) RECORD INFORMATION POINT OF BEGINNING 889 229.25' (N89 229.25) BEARING DAMS/ DIRECTIONAL CONTROL LINE OLD OAKS ESTATES CAB. 0, SLD. 49 LOT 1 10' ROAD EASEMENT PER PLAT LOT 2 SUBJECT TRACT 0.091 AC. 3,987.60 sq. ft. Lu • _ IRS • ■ N8 OLD OAKS DRIVE (50' ROW) s ir 2 3 *5 "W LOT 21 • WOODLAND LOOP (50' R.O.W.) EXHIBIT "A" DATE: 4-2000 JOB No.: 601-758-10 File: BY: BKS Baker-Alcklen & Associates, Inc. EngIneers/Surveyors 1 RESOLUTION NO. R- 03- 05 -08 -15B1 WHEREAS, the City desires to purchase a 0.091 acre tract of land for additional right -of -way for the CR 122 Project, and WHEREAS, Kenneth and Rebecca Walker, the owners of the property, have 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 Kenneth and Rebecca Walker, 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 8th day of May, 2003. o: \w \RESOwn \R3osoeei.weo /sc CHRISTINE R. MARTINEZ, City Secrets NY 4er WELL, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between KENNETH WALKER, and wife REBECCA WALKER (collectively referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. o: �waox�coka�czzrapzc�ceizzcw�waztec�cealesc�aooaiz s�.weo�ac 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, land situated in Williamson County, Texas, being more particularly described as follows: 0.091 of an acre of land, more or less, out of Lot 1, Old Oak Estates, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet D, Slides 49 -50, Plat Records, Williamson County, Texas, and being more particularly described in Exhibit "A" attached hereto and incorporated herein, together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE 1 Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Five Thousand and 00 /100 Dollars ($5,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within thirty (30) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Georgetown Title Company, Inc.(the "Title Company ") of 1717 N. Mays, Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of thirty (30) days after Purchaser receives the updated Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may (but shall not be obligated to) attempt to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done so within thirty (30) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before June 1, 2003 or at such time, date, and place as Seller and Purchaser may agree after the resolution of any title curative issues which cannot be completed prior to June 1, 2003 (which date is herein referred to as the "Closing Date "). 2 Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. 4.02 in cash. Purchaser's Obligations At the Closing, Purchaser shall pay the purchase price Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the Closing Date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the 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. 3 Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3. All costs for obtaining releases from any lienholders shall be paid by Purchaser. ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred and no /100 Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow 4 Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder (except as provided for in Section 9.01 below). ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 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 FedEx or other similar delivery service or by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 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. 5 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. 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. Possession of property prior to closing (j) For the consideration to be paid by the City which is set forth in Article II above, Seller, upon executing this contract by affixing their signatures hereto, hereby grants, bargains, sells and conveys to the City exclusive and immediate possession, use and right 6 of entry onto the Property for the purpose of constructing a roadway project and appurtenances thereto and the right to remove any improvements. At no time during the possession by the City will access to the Property be denied. The foregoing grant will extend to the City, its contractors, assigns and /or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property, to begin immediately and prior to the closing date. The purpose of this grant is to allow the City to proceed with its construction project without delay. SELLER: KENNETH WALKER REBECCA WALKER Date: Q �.l /7 0 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 221 E. Main Street Round Rock, Texas 78664 Date: , 2003 7 FOR A 0.091 ACRE (3,987.60 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF "OLD OAKS ESTATES" A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET D SLIDE 49 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.091 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on a point in the westerly right -of -way line of County Road 122(C.R 122) (right-of-way width varies), same being the north boundary line of said Lot 1, also being the most southeasterly comer of Lot 11 of "Forest Bluff- Sec. 1B ", a subdivision according to the Plat thereof recorded in Cabinet D Slide 49 of the Plat Records of said County, from which an iron rod found on a point in the north boundary line of said Lot 1, same being the most southwest comer of said Lot 11, same being the most southeast corner of Lot 12 of said "Forest Bluff Sec. IB" subdivision, bears S89 a distance of 41.17 -feet, THENCE continuing with the westerly right -of -way line of said C.R 122, same being the north boundary line of said Lot 1, N89°52'30"E (Bearing Basis/Directional Control Line) for a distance of 20.01 -feet to a point being the most northeast corner of said Lot I; THENCE continuing with the westerly right -of -way line of said C.R. 122, same being the east boundary line of said Lot 1, S00 "E for a distance of 194.36 -feet to a point being the most southeast corner of said Lot 1, same being the most northeast corner of Lot 2 of said "Old Oaks Estate" subdivision; THENCE departing the westerly right -of -way line of C.R. 122, with the south boundary line of said Lot I, same being the north boundary line of said Lot 2, N89 °58'52 "W for a distance of 21.03 -feet to an iron rod set hereof; THENCE departing the north boundary line of said Lot 2, through the interior of said Lot 1, N00 °13'25"E for a distance of 194.31 -feet to the POINT OF BEGINNING hereof and containing 0.091 acre of land Surveyed under the direct supervision of the undersigned: 1zuaoll.aa DESCRIPTION ‘;"1-1-4 3 Donald J. Kirby Registered Professi al Land Surveyor No. 2508 Baker Aieklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 (512) 244-9650 E. A L 0 T 13 LOT 4 LOT 3 LEGEND IRF • IRF - IRON ROD FOUND o = IRON ROO SET ( ) = RECORD INFORMATION P.O.B. = POINT OF BEGINNING SKETCH TO ACCOMPANY DESCRIPTION FOREST BLUFF - SEC. 113 SCALE: 1"=-50. CAB_ sLa 379 LOT 12 LOT 11 / P.O.B. 168.07' tiRF ' 4U7' S89°52'30"IV 229.25' r (N8952 30"E 229.25) BEARING BASIS/ DIRECTIONAL CONTROL LINE OLD OAKS ESTATES CAB. D, SLD. 49 ..,,,,.., . ...,- ', • .. % r; ;).' -1 ,-. 1 1 0,':-'" -/ LOT 2 ' SUBJECT TRACT 0.091.4C. 3.987.60 sq. ft. LOT I 10' ROAD EASEMENT. PER PLAT OLD OAKS DRIVE (50' ROW) 2 N:°5'5 W EXHIBIT "A" DATE: 4-2000 JOB No.: 601 -758 --10 File: BY: BKS 10, 0 WOODLAND LOOP (50' R.O.W.) Baker-Alcklen & Associates, Inc. Engineers/Surveyors L 0 T 21 DATE: May 2, 2003 SUBJECT: City Council Meeting — May 8, 2003 ITEM: * 15.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Kenneth and Rebecca Walker for the purchase of right - of -way for the CR 122 project. Resource: Steve Sheets, City Attorney Don Childs, Legal Department History: This contract with Mr. and Mrs. Walker is for right of way acquisition for the CR 122 project. Funding: Cost: Source: $5,000.00 N/A Outside Resources: N/A ImpactBenefit: Improved mobility on CR 122. Public Comment: N/A Sponsor: N/A