Loading...
R-81-414 - 10/8/1981WHEREAS, McNeilab, Inc. has offered to convey to the City of Round Rock two acres of land adjacent to the Henry S. McNeil Community Park, and WHEREAS, the land will be utilized to provide additional recreational facilities for the citizens of Round Rock, and WHEREAS, the purchase price of $7,000.00 per acre is below the appraised value of the property, and WHEREAS, the Council wishes to authorize the purchase of the two acres of parkland, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the purchase of two acres of parkland from McNeilab, Inc. for a total price of $14,000.00 is hereby authorized and the disbursement of the funds shall be made upon delivery of a general warranty deed to the City. RESOLVED this 8th day of October 981. ATTEST: JO NNE LAND, C ty Secretary RESOLUTION NO. II/4R NN, .yor City of Round Rock, Texas VOL 8 f IPLCE 374 4 THE STATE OF TEXAS COUNTY OF WILLIAMSON WARRANTY DEED VOL 8 f 1PGGE 374 KNOW ALL MEN BY THESE PRESENTS 162.= s That McNeilab, Inc. formerly known as McNeil Laboratories, Inc., a corporation organized under the laws of the State of Pennsylvania, for and in consideration of the sum of TEN AND NO /100 -- ($10.00) DOLLARS and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the City of Round Rock, Texas, with the restrictions and upon the covenants set forth' below, all of the following described real property in Williamson County, Texas, to -wit: FIELD NOTES describing a 2.00 acre tract or parcel of land out of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson County, Texas, being a portion of the remainder of that certain 38.58 acre tract conveyed to McNEILAB, INC., formerly McNeil Laboratories, Incorporated, by deed recorded in Volume 657, Page 655 of the Deed Records of William- son County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found at an ell corner of that certain 14.064 acre tract known as the Henry S. McNeil Community Park, conveyed to the City of Round Rock, Texas, by deed recorded in Volume 778, Page 330 of the Deed Records of said County, for the most Westerly Southwest corner and POINT OF BEGINNING of the hereinafter described 2.00 acre tract; THENCE along an East line of said 14.064 acre tract, for a West line hereof, N33 ° 52'W, 110.00 feet to a point for the Northwest corner hereof; THENCE along the North line hereof, the following two (2) courses: 1) N72 ° 10'E, 229.93 feet to an angle point hereof; 2) N65 °00'E, 163.40 feet to a point for the North- east corner hereof; THENCE along the East line hereof, S25 °00'E, 461.64 feet to a point under a fence in the South line of said 38.58 acre tract, for the Southeast corner hereof; THENCE along the South line of said 38.58 acre tract, as fenced, for the South line hereof, S70 ° 26'W, 143.22 feet to an iron pin found at the Southeast corner of said 14.064 acre tract, for the most Southerly Southwest corner hereof; VOL S 11PAGE 375 VOL 871PAGE 375 THENCE along an East line of said 14.064 acre tract, for a West line hereof, N25 ° 00'W, 368.08 feet to an iron pin found at an ell corner of said 14.064 acre tract, for an ell corner hereof; THENCE along a North line of said 14.064 acre tract, for a South line hereof, 565 °00'W, 232.00 feet to the POINT OF BEGINNING of the herein described tract, containing 2.00 acres of land more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors forever; and it does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, so long as a community park and recreation area is maintained upon the property in accordance with the restrictions and covenants below. This conveyance is made and accepted upon the following restrictions and convenants, herein made by said City of Round Rock: 1. The parcel of land hereby conveyed shall be an addi- tion to "The Henry S. McNeil Community Park." 2. The property shall be occupied and used solely for and as a community park and recreation area, and shall at all times be maintained and operated by the City of Round Rock, its successors or assigns, in an attractive, safe, well- maintained condition, including all repairs and replacements necessary with respect to the improvements presently situated on the property (including the fence along the north boundary thereof) and all future improvements and appropriate security and police supervision and patrols during all times (including evening and night hours, holidays and weekends). 3. No mass gatherings, no loud noises (such as a "rock festival "), no glaring, flashing or bright lights, and no noxious or offensive activity shall be carried on or allowed on the property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the land owned by Grantor VOL 8 /1FAGE 376 adjoining the above described property (such land being de- scribed fully in deeds recorded in Volume 657, Page 659, Volume 657, Page 655, of the Deed Records of Williamson County, Texas and referred to herein as the "Adjoining Land "). 4. No structures of a height greater than twenty -five (25) feet, except sports field light poles, or with ground floor area greater than eight hundred (800) square feet, shall be constructed or maintained on the property without prior approval of Grantor, its successors or assigns. 5. if the use of the above described property as a community park and recreation area shall cease for a period of ninety (90) consecutive days, or if any of the other restric- tions and convenants shall be violated and such violation continues following thirty (30) days written notice thereof to the City of Round Rock, then and in any such event the Grantor shall have the right and option to repurchase said parcel of land for Fourteen Thousand and No /100 ($14,000.00) Dollars cash and Grantee hereby agrees to execute and to obligate itself to sell said parcel of land to Grantor upon demand; and no act or omission on the part of any of them shall be a waiver of the operation or enforcement of such condition. Such restrictions and covenants shall be binding upon and observed by the City of Round Rock, its successors and assigns, and shall run in favor of the Adjoining Land, and shall be enforceable only by Grantor, but not by its successors as owners of the Adjoining Land or any portion thereof unless Grantor shall in the conveyance of any portion of the Adjoining Land, expressly assign to the Grantee therein the right to enforce the provisions hereof. 6. Notwithstanding the foregoing, it is further agreed that the restrictions and covenants set forth herein may be waived or terminated; that any such waiver or termination may be of any kind or character whatsoever, including but not limited VOL 8 IF?GE 377 to a waiver or termination with respect to any portion of the above described property, any specified present or future owner of any portion of such property, or any specified use of any portion of such property, and may be limited or unlimited in time and may be subject to conditions therein expressed; and that any such waiver or termination shall not affect or impair the effectiveness of these restrictions and covenants beyond the specific terms of such waiver or termination. Any such termination or waiver may be effected only by written instru- ment, executed and acknowledged by all persons who, at the date thereof, shall have the right to enforce such restrictions under the terms of paragraph 5 hereof, such instrument being recorded in the Deed Records of Williamson County, Texas. This conveyance is made and accepted subject to all restrictions, covenants, conditions, easements and encumbrances (if any) presently existing with respect to the above described property and either of record in Williamson County, Texas, or apparent on the property. EXECUTED this 16th day of December , A.D. 19 R1 . THE STATE OF TEXAS COUNTY OF WILLIAMSON Before me, the undersigned authority, on this day person- ally appeared, Joseph R. Chiesa , of McNeilabs, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this the 17th day of December , 19 81 ' NO SEAL by McNEILAB, INC. ri 'i f: its' Vice- President 7 _I Not_ry P 4lic in and for Williamson County, Texas 6 4" - . - deck, J. n.., 7 46 G 4 THE STATE OF TEXAS County of Williamson } I, James N. Boydston, Clerk of the County Court of said County, do hereby cer- tify that the foregoing instrument in writing, v. tth its certificate of authentication, was filed for record in my office on day of Mar. A D. 19 82 , at 1 :30- o'clock P M., and duly recorded this ▪ the 30th - the 31st day of Mar • A D. 19 32 , at 8 55 o'clock A M., in the Deed WITNESS MY HAND and seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. eputy Records of said County, in Vol. 37 1 pp 374 JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas 1622 12- &ED FOR RECORD at.2.:3. a -. -- o'clock M g ' l � MAR 30 1982 ES N. BOYDSTON unty Co , INI ', son Co., Tex. T7^' 374 2 dt, az Clerk RICHARD A. WELLS ATTORNEY AT LAW SUITE 208, FARMERS STATE BANK BUILDING 1111 NORTH.I.H. SS ROUND ROCK, TEXAS 78504 (512)2588877 WHEREAS, McNeilab, Inc. has offered to convey to the City of Round Rock two acres of land adjacent to the Henry S. McNeil Community Park, and WHEREAS, the land will be utilized to provide additional recreational facilities for the citizens of Round Rock, and WHEREAS, the purchase price of $7,000.00 per acre is below the appraised value of the property, and WHEREAS, the Council wishes to authorize the purchase of the two acres of parkland, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the purchase of two acres of parkland from McNeilab, Inc. for a total price of $14,000.00 is hereby authorized and the disbursement of the funds shall be made upon delivery of a general warranty deed to the City. ATTEST: J RESOLVED this 8th day of Octobe, 981. ��� RY L. NN, .yor City of Round Rock, Texas NNE LAND, C ty Secretary RESOLUTION NO. 7 / 7 R