R-84-605 - 5/10/1984RESOLUTION NO. 4pn5A?
WHEREAS, for several years, the City of Round Rock has
sought to acquire title to its namesake, "the round rock" and
adjoining land to establish a public park, and
WHEREAS, Brushy Creek Joint Venture has recently acquired a
portion of the desired property, and
WHEREAS, Brushy Creek Joint Venture has generously offered
to donate to the City 1.53 acres of land, including one - fourth of
the rock" for use as a park, and has agreed to donate additional
land at a later date, and
WHEREAS, the City Council wishes to express its appreciation
to Brushy Creek Joint Venture, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That on this very historic occasion the Mayor and Council
offer their utmost appreciation to Brushy Creek Joint Venture for
an extremely important and valuable gift to the City which will
be enjoyed by thousands of present and future citizens of our
City.
ATTEST:
RESOLVED this 10th day of May, 1984.
Jf1ANNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That Brushy Creek Joint Venture of the County of Travis and
State of Texas for and in consideration of its appreciation of
the citizens of the City of Round Rock, Texas, and its desire to
further the preservation of the "Round Rock" partially located on
the hereinafter described property, have GRANTED AND CONVEYED,
and by these presents does GRANT AND CONVEY unto the City of
Round Rock, a Texas municipal corporation, 213 E. Main, Round
Rock, Williamson County, Texas, all of the following described
real property in Williamson County, Texas, to-wit:
FIELD NOTES describing a 1.53 acre tract or parcel of
land out of the J.M. Harrell Survey, Abstract No. 284,
situated in the City of Round Rock, Williamson County,
Texas, being a portion of the remainder of that 4.96
acre "Tract One ", conveyed to L.E. Scott by deed
recorded in Volume 537, Page 335 of the Deed Records of
said County, being more particularly described by metes
and bounds as follows:
BEGINNING at a point in the centerline of Brushy Creek,
being the East right -of -way line of Chisholm Trail
Road, also being the Southwest corner of said 4.96
acres and the Northwest corner of a 5.677 acre tract
conveyed to Edward Quick by deed recorded in Volume
599, Page 64 of said Deed Records, said point also
being the approximate centerline of "The Round Rock ", a
Texas state historical marker, being the Southwest
corner and POINT OF BEGINNING of the hereinafter
described 1.53 acres;
THENCE along said East right -of -way line, being the
West line of said 4.96 acres, being the West line
hereof, N 06 degrees 17 minutes W, 143.73 feet to an
iron pin set, being the Northwest corner hereof;
THENCE departing said East right- of-way line, in an
Easterly direction, being the North line hereof, S 89
degrees 10 minutes E, 460.35 feet to an iron pin set in
the West right -of -way line of Interstate Highway No.
35, being the East line of said 4.96 acres, being the
Northeast corner hereof;
THENCE along said West right -of -way line, being the
East line of said 4.96 acres, being the East line
hereof, S 11 degrees 42 minutes E, 146.10 feet to an
iron pin found, being the Southeast corner of said,4.96
acres, being the Southeast corner hereof;
THENCE departing said West right -of -way line, in a
Westerly direction, being the approximate centerline of
said Brushy Creek and the division line between said
5.677 acres and said 4.96 acres, being the South line
hereof, N 89 degrees 10 minutes W, 474.25 feet to the
POINT OF BEGINNING of the herein described tract of
land containing 1.53 acres or 66648 square feet of
land.
This conveyance is made and accepted subject to any and all
conditions and restrictions, if any, relating to the hereinabove
described property, to the extent, and only to the extent, that
the same may still be in force and effect, shown of record in the
office of the County Clerk of Williamson County, Texas.
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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 and
assigns forever; and it does hereby bind itself and its
successors 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.
EXECUTED this
STATE OF TEXAS
COUNTY OF WILLIAMSON
day of , 19
BRUSHY CREEK JOINT VENTURE
By:
William A.F. Martin, President
of Marval Management Investment,
Inc., Managing Joint Venturer
This instrument was acknowledged before me on the day
of , 19 , by William A.F. Martin, President
of Marval Management Investment, Inc., Managing Joint Venture of
Brushy Creek Joint Venture, on behalf of said joint venture.
Notary Public, State of Texas
Printed Name of Notary
My commission expires:
Mayor and City Council
City of Round Rock
Farmers State Bank Building
1111 N. IH 35, Suite 202
Round Rock, Texas 78664
Attention: Mr. Stephan L. Sheets, City Attorney
Gentlemen:
It is understood and agreed:
Marval Management Investment, Inc. 2724 Bee Cave Road
April 5, 1984
APR y p REGQ
Re: Memorandum of Understanding
Please find below an outline of the details and understandings from
meetings with Round Rock City Planning and the City Attorney in regard to Marval
Management Investment, Inc., (MARVAL), its assigns, and Brushy Creek Joint
Venture's initial donation of 1.53 acres of land, including one - quarter of the
"Round Rock" to the city of Round Rock.
1. That for purposes of zoning and in the approval process of our devel-
opment plans, the donated acreage will be considered as open space or green belt
in relation to density requirements for the development of our remaining
property. We recognize that we must conform to set -backs and other restrictions
and qualifications that would be normal in the development process or seek
approval of variances.
2. MARVAL and Brushy Creek Joint Venture intend to work with the city
officials to develop a stabilization plan for the bluff line on our property.
We desire to straighten the larger irregularities and provide some type of
decorative bluff face retention system that in appearance will enhance or be
compatible with the city's development of its park. MARVAL will submit prelim-
inary plans as regards the bluff to appropriate city officials and provide a
flood plain study for city consideration. MARVAL's desires in this area are to
be able to utilize the area immediately adjacent to the bluff face for parking.
Upon joint agreement and approval by the city of a bluff stabilization plan, and
upon our payment of the first lien on the property which will occur at the time
construction and development are imminent, MARVAL and Brushy Creek Joint Venture
will donate the balance of the property remaining in the flood plain to the city
of Round Rock.
Austin, Texas 78746 (512) 327 -7603
E �7
3. Consistent with our desires to develop an economically feasible commer-
cial operation on our property, we intend to cooperate fully and to insure that
the exteriors, egresses, and accesses of our property and the improvements will
be compatible and complimentary to the city's Master Plan for the Round Rock
Chisolm Trail area.
If the understandings referred to above are consistent with those under-
stood by the city of Round Rock, an acknowledgement of this agreement is
requested below.
Sincerely,
i
i liar '. / / / / i , esident
ACKNOWLEDGED AND AGREED
DATE: 45 14//44, " // /7253,1
ACKNOWLEDGED AND AGREED
CITY OF ROUND ROCK
BY:
DATE:
Name and Title
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