R-85-791 - 12/12/1985C
WHEREAS, Southwest Utilities Group is the owner of land southwest
of Round Rock, and
WHEREAS, the property owners wish to enter into an agreement for
the construction of a wastewater line, and
WHEREAS, said agreement has been submitted to the Round Rock City
Council for consideration, and
WHEREAS, the City of Round Rock is willing to enter into said
agreement, 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 an agreement for the construction of the wastewater
line southwest of Round Rock with Southwest Utilities Group, a copy of
said agreement being attached hereto and incorporated herein for all
purposes.
RESOLVED this L-9 day of Cf , 19 05 :
ATTEST:
ty Secretary
RESOLUTION NO. r 7 q//
//\
2i )21-
MIKE ROBINSON, Mayor
City of Round Rock, Texas
A
•
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT
of ,Dece en be r
Rock, Texas ( "City ")
Hard Rock Joint
Investments, Inc.,
(4) Tom Kouri,
( "Landowners ").
WHEREAS, Landowners own approximately 202.889 acres of land
contained in an area generally southwest of the City's limits, said
area being designated as the "Study Area" in Exhibit "A" attached
hereto, and
WHEREAS, the Study Area does
municipal wastewater service, and
WHEREAS, a study performed
Huston & Associates, Inc. has
Study Area to have access to
improvements consisting of a
constructed, and
WHEREAS, Espey Huston & Associates, Inc. estimate that the cost
of constructing said improvements is $321,144.00, and
WHEREAS, the City does not have current funds available for the
construction of said improvements, and
WHEREAS, in order to construct the needed improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Landowners wish
to jointly finance the construction of the improvements, and to
contract with the City to administer the construction of the
improvements, Now Therefore, It is Agreed That:
Landowners own the number of acres within the Study Area as
indicated below:
NAME
e
T. P.A. Stark, III
2. Celia Neuman
JWSTAGRT
SOUTHWEST ROUND ROCK WASTEWATER SERVICE AGREEMENT
3. Hard Rock Joint Venture,
Quantum Investments, Inc.,
Gay Carpenter Ruggiano
•
•
•
•
Recitals
I.
NUMBER OF ACRES
3.466
101.28
39.492
4. Tom Kouri 53.00
5. 172 Properties Joint Venture 5.651
•
is made and entered into on this AZ day
, 1985, by and between the City of Round
and (1) P.A. Stark, III, (2) Celia Neuman, (3)
Venture, a Texas Joint Venture, Quantum
a Texas Corporation and Gay Carpenter Ruggiano,
and (5) 172 Properties Joint Venture,
not presently have access to any
by the engineering firm of Espey
determined that in order for the
City's wastewater system, certain
major wastewater line must be
MORE
PARTICULARLY
DESCRIBED IN
EXHTRTV
"
"
"
"
"F"
The capacity of the wastewater line to be constructed shall be
measured in terms of Living Unit Equivalents ( LUE's). A LUE is
defined as that unit of development which produces the same peak
wet weather flow as is produced by a detached single family
dwelling unit. For the purpose of this agreement an LUE is deemed
to produce a peak wet weather flow of 350 gallons per day of
wastewater. Landowners agree to reserve for their respective tracts
of land and the City agrees to provide the number of LUE's in the
line as indicated below:
NAME LUE's
1. P.A. Stark, III 18
2. Celia Neuman 600
3. Hard Rock Joint Venture,
Quantum Investments, Inc.,
Gay Carpenter Ruggiano 330
4. Tom Kouri 482
D
q
5. 172 Properties Joint Venture 48 / 5146
' LS D
The number of LUE's for residential uses shall be determined as
follows:
TYPE OF
RESIDENTIAL UNIT
Single Family Detached
II.
NUMBER OF
LUE's
1.0
0
Duplex 0.9 per unit
Tri -plex, four -plex and
multi - family 0.7 per unit
The number of LUE's for commercial and industrial use shall be
determined in accordance with the following formula:
Building Area X 6 X Land Area in Acres = LUE's
Land Area
As used herein the term "Building Area" includes only the
footprint of each commercial /industrial building and does not
include driveways, walkways, etc.
Landowners shall be entitled to allocate their LUEs to their
respective tracts, or any portion thereof, as they deem advisable.
In the event of transfer of any respective tract, or any portion
thereof, the City, unless notified as set forth hereinafter, may
deem that a pro rata number of LUEs are transferred with the
conveyed property in accordance with the ratio between the area of
the conveyed property to the total area of the property of the
Landowner 'owning such property at the inception of this Agreement.
Provided, however, any Landowner' may designate in writing to the
City the amount of LUES transferred with the conveyance of any
tract of any portion thereof."
2.
Landowners shall not be permitted to transfer or assign their
right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof; or
2. To any other Landowner as described herein.
As stated above, the estimated cost of the improvements
including ten percent (10%) for engineering fees and ten percent
(10%) for unforeseen contingencies is $321,144.00. In addition, the
City shall be entitled to a fee of $10,000.00 for administering
this contract, for a total estimated project cost of $331,144.00.
The administrative fee shall include all expenses and fees of the
City Attorney, City Engineer and other members of the City Staff
for negotiating, bidding and administering the project and
construction of the facilities contemplated herein. This fee is not
in lieu of any development fees required by ordinance for the
actual development of Landowners' property.
IV.
Each Landowner agrees to pay their pro rata share of the total
project cost. The Landowner's share of said costs shall be equal to
the percentage that each Landowner's number of reserved LUE's bears
to the total number of LUE's reserved by all Landowners. The total
amount due from each Landowner is hereinafter referred to as
Landowner's "pro rata share."
Upon execution of this Agreement by each Landowner, said
Landowner shall deposit with the City Finance Director cash or
certified funds in an amount equal to ten percent (10 %) of the
Landowner's pro rata share of the estimated project cost, which
amount shall be used for design, engineering, and payment to the
City of its administrative charge. Within ten (10) days of
receiving notice from the City that the Mayor has executed this
Agreement, each Landowner shall deposit with the City an
irrevocable letter of credit in the amount of the remainder of each
Landowner's pro rata share issued by a financial institution whose
principal office is within the State of Texas, in the form attached
to this Agreement as Exhibit "G ".
The City Engineer and the engineering firm of Espey Huston &
Associates, Inc. shall immediately proceed to design the necessary
improvements to the City wastewater system to provide line capacity
to the Landowners property in the number of LUEs reserved. The
City, upon receipt of satisfactory design plans and specifications,
shall immediately 'cause the project to be bid in accordance with
normal City procedures.
In the event the amount of the bid which the City deems best
and acceptable is less than or equal to the total estimated project
costs as set forth in Section III plus ten percent (10%), then in
such event, each Landowner agrees to pay his pro rata share of the
total actual project cost including any increase. In the event of
any increase, each Landowner agrees to provide a substitute letter
of credit in the appropriate adjusted amount within ten (10) days
upon receipt of written request from the City. In the event the
acceptable bid exceeds the total estimated project cost by more
than ten percent (10%), the City and Landowner shall meet as soon
3.
zo
2. 50 co 0o
0
i o
as possible to discuss alternatives to the acceptable bid. Any
Landowner shall have the option to withdraw from the Agreement
within ten (10) days from the date of such agreement meeting.
Failure of any Landowner to provide notice to the City in writing
of their intent to withdraw within such ten (10) day period shall
be deemed to be such Landowners agreement to pay his pro rata share
of the total actual project cost, including any increase. Each
Landowner shall provide a substitute letter of credit in the
appropriate adjusted amount within ten (10) days after receipt of
written request from the City, which request shall not be sent
until after the meeting described above has taken place. In the
event any Landowner takes the requisite action required hereunder
to withdraw from the Agreement, such Landowner's liability
hereunder shall immediately terminate and shall be returned its
letter of credit, undrawn, marked on its face "Cancelled ", but
shall not receive any refund of the cash monies previously
deposited with the City.
In the event the acceptable bid is less than the total
estimated project cost as set forth in Section III above, then in
such event, each Landowner shall be entitled to substitute their
respective letter of credit with an identical letter of credit in
an adjusted amount equal to the pro rata share of such Landowner in
the acceptable bid plus ten percent (10%) contingency. In the event
there are cost savings during the term of the construction of the
improvements ,contemplated hereunder, upon completion of the
improvements and their acceptance by the City, any remaining cash
funds plus interest thereon held by the, City Finance Director in
the account set forth pursuant to Section V hereof, shall be
refunded to the Landowners pro rata in accordance with their
respective contribution to the total project cost.
v.
The City agrees that all funds received by the City pursuant to
the terms of this contract shall be held by the City in a separate
interest bearing account and with the exception of the
administrative fee, shall not be spent for any purpose other than
for costs directly associated with the design and construction of
the improvements contemplated herein. The account shall be
administered by the City Finance Director in accordance with his
standard practices regarding City Funds so as to obtain the maximum
practical level of interest consistent with other City deposits.
VI.
It is agreed by the City that the Landowners will be entitled
to a reimbursement from the City's Oversize Fund due to the
contemplated improvements being oversized as required by the City.
E1`E It— agreed the the amount of reimbursement from the Oversize
0 Fund due the Landowners ism $50,310. Each Landowner will be
y reimbursed his prorata share of the Oversize Fund reimbursement
o -, based on his prorata share of the total LUE's requested herein. The
qJ' .$" reimbursement will be made within thirty (30) days after the
gyp` improvements have been accepted by the City Council.
� � e�l VII.
, �5` Landowners understand that the actual placement of the
o \ k wastewater line will result in some tracts being crossed by the
00 or' line and some tracts not having immediate access to the line. The
landowners who own tracts actually crossed by the line agree to
grant to the City at no cost, reasonable easements for the
placement, construction, maintenance and repair of the line.
4.
Landowners also agree to grant to the City at no additional
cost reasonably required easements for the placement, construction,
maintenance and repair of any "feeder" lines to provide wastewater
service to outlying tracts. While every attempt will be made to
locate the required easements along property lines and other
locations most convenient to Landowners, it is understood this is
not always possible. It is agreed that the final determination of
the best location for the easements will be made by the City in
conjunction with Espey Huston & Associates, Inc.
VIII.
It is understood and agreed by Landowners that at the present
time the city does not have the actual major interceptor and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Study Area in particular. In
anticipation of significant growth, the City has adopted a five
year Capital Improvement Program which includes expansion of the
collection system and treatment plant capacity, which is currently
expected to be in operation sometime in 1987. However, due to
circumstances beyond the control of the City and which are not
presently contemplated by the parties, the necessary collection
system and plant expansion might be delayed or even cancelled.
Accordingly, while Landowners have reserved capacity in the
wastewater line contemplated herein, no capacity in the existing or
future treatment plants is being reserved. Available capacity in
the treatment plant(s) will be allocated to users in the entire
service area on a "first come - first served" basis as wastewater
service is actually needed.
Ix.
Landowners understand that the improvements shall be and remain
the sole property of City and that Landowners shall have no
ownership interest whatsoever in the improvements, whether during
construction or upon final completion.
X.
It is understood and agreed by Landowners that the City Council
has adopted a policy that generally requires that property be
annexed to the City before utility services are provided, and that
this contract shall in no manner be construed as altering or
amending that policy and that annexation will probably be required
before the property is actually served with utilities. However for
those tracts which are currently, or may become, outside the
extraterritorial jurisdiction of the City, the City does agree that
they will not be refused service merely for the reason that they
cannot be annexed to the City.
xI.
This contract shall not be construed to exempt Landowners from
the payment of any development, service, or permit fee otherwise
required by ordinances of the City.
XII.
A. 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.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees and
costs. ' .
C. This contract'shall be binding upon and inure to the benefit
of the parties 'hereto and their respective legal representatives,
successors and assigns where permitted by this agreement.
D. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and
this contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
E. This contract constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the within
subject matter.
F. This contract is executed in multiple originals on the dates
indicated beside each signature and shall be effective as of the
date executed by the Mayor of Round Rock.
G. This contract shall not become effective unless executed by
all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the City to the party depositing same.
ATTEST:
Land, City Secretary
1.
CITY OF ROUND ROCK
By:
LANDO
Mike Robinson, Mayor
P.A. ARK, III (date)
2. 0ELIA i q'elI `L
(date)
3. HARD ROCK JOINT /
By: EatT(K
(date)
6 .
/- /07 75
(date)
QUANTAM INVESTMEN7 INC.
By:
'I` //
GAY7ARPE ER RUGGIANO
4 .
TOM KOURI
7.
44.4./CL
5. 172 PROPERTIES JOINT VENTURE
I0f6 /8(
President (date)
d
(date
(date)
Carl W. Haustein, Jr. / (date)
INA
4 4 1 1
lelqk
lUk%
r\ 411:$01\
I Ss*
OVERSIZE AREA
EXHIBIT "A"
Page 1
SEE PG.2
EXHIBIT "A"
PROPOSED
W.W. LINE
s.,
EXHIBIT A
Page 2
DESCRIPTION
DCSCRIPIION Of 3.466 ACRES Of LAND OR 150,972 SQUARE FEET.OF LAND,
SITUATED IN THE J.M. HARRELL SURVEY, A -2B4, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PART OF THAT CERTAIN 9.117 ACRE TRACT OF LAND
DESCRIBED IN A DEED TO 172 PROPERTIES JOINT VENTURE REfiORDED •IN
VOLUME 935, PAGE 65, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID 3.466 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found in concrete for the
southeast corner of said 9.117 acre tract, same being the
southeast corner of this tract, and the southwest corner of
George Blessings Mobile Home Park of record in Cabinet B, Slide
208, Plat Records of Williamson County, Texas, and in the north
line of that certain tract of land described in a deed to Celia
Neuman as recorded in Volume 540, Page 443, Deed Records of
Williamson County, Texas;
•
1HENCC, along or near an existing chain link fence, with the
south line of said 9.117 acre tract and this tract, same being
the north line of said Neuman tract, 570 °47'49 "W 301.,77 feet to a
1/2 inch iron rod set for the southwest corner of this tract,
said 1/2 inch iron rod being 570 °47'49 "W 549.73 feet from a 3/8
inch iron rod found for the southwest corner of said 9.117 acre
tract in the east right -of -way of County Road 172, from which
southwest corner of said 9.117 acre tract a 1/2 inch iron rod
bears N65 °12'36 "E 1.49 feet;
THENCE, departing the south line of said 9.117 acre tract, and
along the west line of this tract, and being near an existing
chain link fence, N18 °34'02 "W at 353.01 feet passing a 5/8 inch
square iron bar found for the southeast corner of a tract of land
called to be 0.667 of one acre of land and being the remaining
portion of a tract of land called to be 10.00 acres and described
in a deed to Canyon Construction Company, Inc., of record in
Volume 527, Page 575, Deed Records of Williamson County, Texas,
same being an interior ell corner of said 9.111 acre tract, and
continuing along the east line of said 0.667 of one acre tract
and the west line of this tract, in all a total distance of
500.06 feet to a 1/2 inch iron rod fbund in asphalt in the south
line of Martin Avenue for the northwest corner of this tract,
same being the northeast corner of said 0.667 of one acre tract,
from which a 3/8 inch iron rod found in asphalt at the northwest
corner of said 0.667 of one acre tract bears N70 °54'40 "E 200.20
feet, and from which northwest corner of this tract a 1/2 inch
iron rod found at the northwest corner of said 9.117 acres bears
N70 °54'40 "E 200.20 feet and N70 °51'09 "E 350.10 feet;
THENCE, along the south line of Martin Avenue, same being the
north line of said 9.117 acre tract and the north line of this
tract, N70 °41'50 "E 301.77 feet to a 3/8 inch iron rod found for
the northeast corner of said 9.117 acre tract and this tract,
same being in the west line of said Blessing Mobile Park, from
which point a 1/2 inch 'iron rod found at a fence corner, ammo
being the northwest corner of Blessing Mubile Home Park, and the
northeast corner of said Canyon Construdtion Company,; Inc:,_ tract
bears N19 °34'44 "W 9.57 feet;
THENCE, along the east line of said 9.117 acre tract and the east
.line of this tract, and the west line of said Blessing Mobile
Home Park, near an existing chain link fence, S18 °34'OS "E 500.59
feet to the POINT OF BEGINNING and containing 3.466 acres or
150,972 square feet of land within these metes and bounds.
SURVEYED BY: McGRAY 8 McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6
Austin, Texas 78731 451 -8591
P -(7-e
lic Surveyor No. 2093 Date
EXHIBIT "B"
°-FIT..LD:N0TES FOR Rr W.. SEISSTROM
• Abut. # 284
-. BET:fG 101.28 sores of the J. N. Harrell Survey
County, Texasr and a tract desoribed in a deed to R. W. Se1lszrcn
of, record in Vol. ` , Page, ; Deed Records, Williamson County,
Texas. Surve on the ground by W. F.'Forosti.,in July of 1971.
Regtstered,Publia Surveyor 1 101.
• i •
EFEGIINING at a fence corner post in the North a 0 W of Fa r.= to
Market Highway # 1325, at the 5;E corner of the. f±. W. Sellstrom
traot.
'':THENCE S 43° 30' W 1426 .foot With North E 0 W to set en iron
;pin ' in the East line of a Cout►ty .Eoad. .
;T "NCE N'17° 07'.W 1564.5 Peet with the East line of the County
"Ro',.N Id
11 ° .' 57' W 333.3: feet with a fence,. and .17° U 52' re C6.2
f t:viith,•the fence to the South corner of_3.43 acres of record
in` Yol :413. - Page.-- 519, .s old .to_S. Tanguna. •
' • Y ,j. ,
T754 cE N '11 ° ,41 68.3 _feet.:with „a...fence to a,.fence corner :co:::
` - S 18 ° .,37 h ',: 497 =feet with :a Senod' to ;the OT ..OF
T A T i s F 3 ' . . . 7 ' . - 1, . .:..xt QTiC.;�1i • TH ESE- PRE MiTS
cop TY•:AFJI1LTLIAuiSON'• .,$ -
1, W. ar-..1?03Fs3T,:::do- .hereby survey :the rbcva
Qesarlbed aot n =the groundrand. •that •.said .de scription;as .true
-rind or a #o - .the;`.bast.aaf.my. knowledge. - and :belief
•
TO -CERTIFY "WHICH, . WWTNESS :my :handzand _seal _at_Georgetown, Texas
this the - .18th day •4of•September,:197.1..ti. D. -
1i12,1.1.0 35.565 acre, of the J. M. Harrell Survey, ;.'stract Sc..
].n''t:'11l 1aoson County, Ter.es, part of 62.64 acre: .na 8.48 acre.
descrihe•d'in e Contract of Sale between the Te:.e.• Veterar:r. Lan-
Board and George Blessing of record in Vol. 427, : 275, Dee
Recordr. •f Williamson County, Texas. Surveyed on the ground is
October of 1983, revised in March of 1984, by G.F. Forest, 8.2,5.
No. 101
BEGIN1.
62.64
•,onument found at the Northeast fence corner of 'h
:reef
THENC: er:ce, 5 21 ° 55'55' E 71.94 feet, r. monument foun:
at the beast corner of an 8 :48 acre tract, S 21 ° 06'50" E 21
feet, ..:r, found, S 19 ° 51'45" E passing iron pins on li:•,
coats• ... 551.04 feet to a concrete monument found at ..
Southey.,. ,omen of the 8.48 acres, continuing with the fence,
s 19 ° 5E'35" E 79.26 feet to an iron pin found at a fence corner.
THENCE =:th a fence, S 70 °55'15' W 190.25 feet, an iron pin fon-:
in the 1 :s1 line of a street known as Weaver Drive.
THENCE • -.tn a fence, S 19 ° 07'55" E at 226.46 feet pass an iron. .
in the Ncr line of Martin Avenue, continuing in all 276.31 f.•
set an Iron pin in the South line of Martin Ave.
THENCE S 70 ° 51'25" W 49.87 feet to set an iron pin.
THENCE 19 ° 08'20" W at 4 9.98 feet pass an iron :n found, 'or.'
in all 282.43 feet to an iron pin found in the West line of We.
T1iENC1 S 70 ° 5 1 .'20" W, join and follow a fence, in all 187.25 f. •
set an iror pir
THENCE . ..Lk a partially fenced line, S 19 ° 11'00" 1 at 232. f.••
pass ar rcn pl., continuing in all 282.60 feet . set an iron •
in the South line of Martin Ave,
THENCE v:th the Sout1. line of Martin Ave., S 70 "• '15" W at 18
pass an iron pin found, continuing in all 260.1 :net to set an ,;
THENCE S 20 E 398.58 feet to a pipe found . the present
South line of George Street.
THENCE S 70 ° 51'15" W at 4 9.39 feet pass 0.5 feet .`mouth of a 3/:
square her found, continuing in all 53.38 feet tr I. point i ;: t:
North line of Lot 4 of George Bles'sing's Mobile !ion.• i'ark (u /',:
This point being 6 feet Easterly from the Northve:.t corner of :
THENCE 4 feet West of e fence, S'20 ° 15'45" E 119.50 feet to r: 1
4 feet westerly from en iron pin found.
THENCE_ vac/. the fenced South line of the said su5ci:vision, 7:
4 3.78 : ee•: , a monument found, N 20 ° 45'05" W 18.111' feet, a r..r..0 :•• • '
found 7 ';:1 :'511.31 feet , a i 'e found a:
P I fence rc.rnc,
and S 7x"12'20" 11 299.02 feet to an iron pin found et a fence c .net
THENCE - :h s fenL,, N 18 ° 35'30" W at 510.40 fee' tess an iron
found, ..nt.inu]n1 in all 550.38 feet to set an iron pin in the
line of l;artin 1.v. .
THENC1 . 3'. W 123.71 feet to set an iron ,
THENCE 10 °1t'_5" W 119.61 feet, en ; iron pip fo..• •buried :n ,
parkin. . 70 ° 47'25" E 11 02 feet, an iron ; • found 1.1r:4
the cr.: :.r : N 19 t' 120.09 feet, an
, , pin found
19 o 1 120.0 feet to set an iron pin.
78ENC1 f•Or+7 ".5" E 2]0.13 feet, an iron pin fon: r :r, the Lest
of B)cs. � 9t re , N 19 ° 07'10" 222.36 t: feet, a: :ro pin set,
5 06 ° 1C' 6: feet, an iron pin found, Jo:: and fnllov u
5 16 ° 57 1 290.87 feet, an iron pin found at , .fence corner,
.• 56 0 0 '5 feet, Si. iron pin found at a 'r•nce career, •
56 ° : 75 fees to the POINT OF BECIssi..,.
lure On(
EXHIBIT "D ", Page 1 of 3 '
" / "%
/ /
e• I
rAG[
il5CR11'r (•A F01( CEOIICE 11LL'C3111G TJtACT 1
11LINC 1.95' acre:, of the J.M. Burrell Survey, Abctract Ilo. 2(311
In Williar.°on County, Texan, port of 62.611 acrcc vhieb Ss dca r' •
in a Contract. of Sale between GcprCc Blcssine and the T.V.L.f.
record :: `,c! 427, PaCe 275,•Dccd fecords of llilliamson Count
Tcaaa. 5u -.eyed on the ground in February of 1984, by W.F. .F• cst
Itceistcrett Public Surveyor Iio. 101.
urcluNInt, . ,,nument found in the East line of County not:
A monument {•l nt the Northwest corner 'of tllc raid 62 r , : •
tract st;: 1" ° !+5.30° W 199.75 feet, and N 2 °4 3'30" t' 11'
rect.
THENCE P °')3'3f" E 217•.46 feet, a monument faued S 113 °47
)5.35 fee: c.1. iron pin found, and IJ 71 ° 08 , 30" 118.58 feet
:ct nn ir•or ;'in.
THENCE 5 ?0')Y F 238.8 fret to set an iron y :n in the 11n
line of !1 —tio Ave.
THENCE 5 70 w' 339.30 feet v ,ith the North 'inr. of Hurt
to a rcd paint "Y." atop a telephone pedestal.
:'HENCE P )!: °33'30" 17 263.110 feet with the East •tne of Count•
11 2 , to tLc POINT OF BECI1711ING.
:)E3CRIP1'I011 FOR GEORGE ILESSII7C TRACT
. :HC 0.60 acre of the J.M. Darrell Survey, Abstract No.
n %'illial1son County, °cans, pnrt of 62.611 acre:, which i:. de•
.n o Contr:.ct of Sale 1 'etvcca Ceorgc Blessing and the T. \'.I,.:•
:•cord ie Vol. 427, Pnce 275, Deed Records of 1lillicaso:•. ( :r•'u
czar. Cur :•eyed on the ground in February of 1984, by
.registered Public Surveyor No. 101.
.:t :C1NNIIlC et an iron pin found in the South line "f ° 50 foc for Lynda Sue Street. A monument four,. ,,t the llort'
.ore:er of t_,c 62.64 acre: tract stand!. S 71 ° 14'1 ' . 217.21 1
18 ° 43'30" W 114.59 feet.
. :flE'NCE ]I 11 ° 39'LO" E 117.110 feet to find an iron pin.
.!!ENCE :, 39'06'05" E 220.94 feet to set an iron yin.
:HENCE 5 7_'''0,..'30" W 118.58 feet to find an 'iroe, pin.
•
THENCE N 38 °1 47'30" W at 15.35 feet pass a monument found, in 1
22.0 fer' '•- )'n177T 0F• EECIGHINC.
EXHIBIT "A"
Page One of Two
EXHIBIT "D ", Page 2 of 3
DESCRI)'TION F0n GEORGE BLESSING TRACT 2.
JEING 0.903 acres of the J.M. Jlarrell Survey, Abstract No_
in killlncson County, 'Texas, part of n.62.64 acre tract dens : '.1
In a Contract of Sale bctvecn thc•T.V.L,B. and George Blcssinr of
record i'n Vol. 427, rage 275, Deed Pecorda of Williamson Co>>fty,
Texas. Surveyed on the ground in'February of 1984, by W.F. }'orect
Hecistered Public' Surveyor Ilo_ 101.
•
BEGINNING at a monument found in' the Enct line of County Bond 112,
at the llortbvest corner of the said 62.64 .acre tract,
f11E)ICE viti n fence, N 56 ° 05'20 ", E 341.66 feet to find an iz .u: , .
THENCE vith fcncc, S 33 °4 5'10" E 160.05 feet to find nn iron 1'i:.
THENCE vi t:• the Nortb line or Lynda Sue Street, n 71 W
feet to sr: nn pin.
THENCE p to " i'30" W 64.59 feet vith the East line. of County
to the P02:1; OF BEGIIINIII1G.,
7ESCRIPT1ON FOR GEORGE BLESSING
TRACT 2 —''
BEllIC 0.46': are of the J.M. Barrel' Survey, Abstract No. 21'
:n •Willie: =son County, Texnr; part •of n G2.G4 'acre- tract •dcs, .
n o Contrnet of Sale betvecn'tDe 7':Y.L.B.' and .George •S]es��
:cord is u:. -' , 1'agc 275; Deed Records of—Williamson Col:
•)•czar.. Gurveyed on the •Orpund in 'February'•of. 1984 ; by •W _F.
Iccgistcre; Pub):. Survcyor.:No. 101.
_'1EGII HIHG et ca:, _ a pin found 'in .the fenced .North •1 ine of '
said 62 - 6 1, netc %act A monuccnt found at the Nor c'
of the 62.64 acrc tract stands S 56 ° 08'30 ".W 4544.70 feet c:nc
s 56°05'20" W 3 rect.
THE1iCE 1l 56 0 17' E 110.0 feet to an iron pia'fouut: in coi:crel t
THENCE S 3j 0 55' E 184,45 feet to an iron pin found in c-nncreic.
7fE1lCE 5 5' ° 15' "' 110 -25 feet vitb the North liar. of Lynda :"''
Street to no iron pin found.
THENCE l: i?'''0'05" V 134.67 ftc, to t:, - ?:vINT Or BEGINNING.
EXHIBIT "A"
Page Two of Two
EXHIBIT "D ", Page 3 of 3
53.0 acres out of a 268.12 acre tract of land
in the J.M. Harrell Survey, Abstract No. 284,
Conveyed to Tom Kouri on record Volume 612,
Page 244, Deed Records of Williamson County,
Texas.
EXHIBIT "E"
9.117 acres as described on page 2 of 3 of this Exhibit
"F" SAVE AND EXCEPT 3.466 acres as described on page 3 of
3 of this Exhibit F.
EXHIBIT "F ", Page 1 of 3
935 k 6S
EXHIBIT "A"
DESCRIPTION FOR THE ESTATE OF ROBERT GRAY
BEING 9.117 acres of tbe J.M. Harrell Survey, Abstract No. 284, in
Williamson County, Texas, the name tract called 9.122 acres in a
deed to Robert Gray of record in Vol. 754, Page 79, Deed Records
of Williamson County, Texas. Surveyed•on the ground in July of
1983, by W.F. Forest, Registered Public Surveyor No. 101.
BEGINNING at an iron in found at the Southeast fence corner of the
said 9.122 acre tract.
THENCE with a fence, 8 70 ° 48' W 851.58 feet to an iron pin set in
the East line of County Road 172, 1.5 feet S T0 W of a 1/2 inch
iron pin found. A nail found in the center of the pavement bears
S 70 ° 48 W 30 feet.
THENCE N 18 ° 38'10" W 500,64 feet with the East line of County Road
172 to an iron pin found.
THENCE with tbe South line of Martin Ave., 50 feet vide, N 70 ° 49'35" E
crossing a fence about 10 feet South of a fence corner, in all
350.2 feet to an iron pin found.
THENCE with the Neat line of a 0.667 acre tract, S 18 ° 35' E join
and follow a fence, continuing in all 145.13 feet to find a 5/8 inch
square bar vbich stands 10 inches tall, at a fence corner.
THENCE vith a fence, N 7 ° 53' E 100.0 feet and N 71 ° 39' E 100.07
feet to find a 5/8 inch square bar which stands 10 inches tall, at
a fence corner.
THENCE N 18 ° 35' W 146.34 feet with a line which is mostly fenced,
to an iron pin set over a point which had a positive reading with
a metal detector in a paved area.
THENCE N 70 °4 1'50" E 301.76 feet crossing a fence and remaining about
10 feet from a fence vbich is about 10 feet Northerly and parallel
to this line, to set an iron pin in a fence 9 feet Southerly from
an iron pin found at a fence corner.
THENCE S 18 ° 35' E 500.60 feet to the POINT OF BEGINNING.
STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL HEN BY THESE PRESENTSt
I, W.F. FOREST, do hereby certify that this survey vas made on
the ground of the property legally deecribed"hereon is correct
and that there are no significant discrepancies, conflicts, shortages
in area, boundary 11ne••conflicts; visible encroachments, overlmppitg
of improvements, utility :tr.— �r ^•a• except as shown, and
that said property has access to and from a dedicated roadway.
•
TO CERTIFY WHICH, WITNESS ny hand and seal at Georgetown,-Texas,
t }:s the 18th day of July, 1983, A.D.
1 W,F. FOREST
REGISTERED PUBLIC SURVEYOR NO.'101
EXHIBIT "F ", Page 2 of 3
DESCRIPTION
DESCRIPTION OF 3.466 ACRES OF LAND OR 150,972 SQUARE FEET .OF LAND,
SITUATED IN THE J.M. HARRELL SURVEY, A -284, WILLIAIISON COUNTY,
TEXAS, SAME BEING A PART OF THAT CERTAIN 9.117 ACRE TRACT OF LAND
DESCRIBED IN A DEED TO 172 PROPERTIES JOINT VENTURE RE)_ORDED •IN
VOLUME 935, PAGE 65, DEED RECORDS OF WILLIAMSON COUNTY,
SAID 3.466 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING et a 1/2 inch iron rod found in concrete for the
southeast corner of said 9.117 acre tract, same being the
southeast corner of this tract, and the southwest corner of
George Blessings Mobile Home Park of record in Cabinet B, Slide
208, Plat Records of Williamson County, Texas, and in the north
line of that certain tract of land described in a deed to Celia
Neuman as recorded in Volume 540, Page 443, Deed Records of
Williamson County, Texas;
1HENCE, along or near an existing chain link fence, with the
south line of said 9.117 acre tract and this tract, same being
the north line of said Neuman tract, 570 °47'49 "W 301.77 feet to a
1/2 inch iron rod set for the southwest corner of this tract,
said 1/2 inch iron rod being S70 °47'49 "W 549.73 feet from a 3/8
inch iron rod found for the southwest corner of said 9.117 acre
tract in the east right -of -way of County Road 172, from which
southwest corner of said 9.117 acre tract a 1/2 inch iron rod
bears N65 °12'36 "E 1.49 feet;
THENCE, departing the south line of said 9.117 acre tract, and
along the west line of this tract, and being near an existing
chain link fence, N18 °34'02 "W at 353.81 feet passing a 5/8 inch
square iron bar found for the southeast corner of a tract of land
called to be 0.667 of one acre of land and being the remaining
portion of a tract of land called to be 10.00 acres and described
in a deed to Canyon Construction Company, Inc., of record in
Volume 527, Page 575, Deed Records of Williamson County, Texas,
same being an interior ell corner of said 9.112 acre tract, and
continuing along the east line of said 0.667 of one acre tract
and the west line of this tract, in all a total distance of
500.06 feet to a 1/2 inch iron rod fund in asphalt in the south
line of Martin Avenue for the northwest corner of this tract,
same being the northeast corner of said 0.667 of one acre tract,
from which a 3/8 inch iron rod found in asphalt at the northwest
corner of said 0.667 of one acre tract bears N70 °54'40 "E 200.20
feet, and From which northwest corner of this tract a 1/2 inch
iron rod found at the northwest corner of said 9.117 acres bears
N70 °54'40 "E 200.20 feet and N70 °51'09 "E 350.10 feet;
THENCE, along the south line of Martin Avenue, same being the
north line of said 9.117 acre tract end the north line of this
tract, N70 °41'SO "E 301.77 feet to a 3/8 inch iron rod found for
the northeast corner of said 9.117 acre tract and this tract,
same being in the west line of said Blessing Mobile Park, from
which point a 1/2 inch iron rod found at a fence corner, mime
being the northwest corner of Blessing Mobile Hone Park, and the
northeast corner of said Canyon Construction ComdOriy,•Inc., tract
bears N19 °34'44 "W 9.57 feet;
THENCE, along the east line of said 9.117 acre tract end the east
line of this tract, and the west line of said Blessing Mobile
Home Park, near an existing chain link fence,. 518 °34'05 "E 500.59
feet to the POINT Of BEGINNING and containing 3.466 acres or
150,972 square feet of land within these metes and bounds.
SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6
Austin, Texas 78731 451 -8591
IiLT31T A Ju..ith J. Mc ray, Reg.
84.99
P- (7-P;4-
lic Surveyor No. 2093 Date
EXHIBIT °F ", Page 3 of 3
).46G Acret.
[Letterhead of issuing bank]
Irrevocable Letter of Credit No.
Amount of Credit: $
Customer's Name:
TO: City of Round Rock
214 E. Main
Round Rock, Texas 78664
Gentlemen:
You are authorized to draft on [Name Of Issuing Bank] for the
account of [name of customer] up to an aggregate amount of
($ ) United States
Currency available by your drafts at sight.
Drafts must be drawn and negotiated on or before December 31,
1986. All drafts must be marked "DRAWN UNDER [Name Of Issuing Bank]
Credit No , DATED , 1985" and the
amounts drawn are to be endorsed on the reverse side of this letter
by the negotiating bank.
We hereby agree with drawers, endorsers, and bona fide holders
that all drafts drawn by reason of this credit and in accordance
with the above conditions will meet with due honor on presentation
at the office of [Name Of Issuing Bank.]
This letter of credit is issued to customer pursuant to an
AGREEMENT with the City of Round Rock to secure customer's
obligations contained therein. A copy of the AGREEMENT is attached
hereto as an exhibit.
Yours truly,
EXHIBIT "G"
[Authorized signature]