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R-89-1233 - 2/9/1989January 29, 1990 Bob Bennett City Manager City of Round Rock 221 E. Main Street Round Rock, TX 78664 Dear Bob, I found the enclosed article interesting. You may want to share this copy of the Survey Plat with Sheets and maybe Albee. Sincerely, Austin White Lime Company Spike Robinson HIM P.O. Box 9556 Austin, Texas 78766 CHEMICAL, BUILDING AND STABILIZATION LIME RECEIVED JAN 3 0 1990 512- 255 -3646 TX WATS 800-553-5463 • ALBEE rCowrtf,,sd Frew Pap owe) expenditure of regional detention fiends to pay for legal fees. Sheets told Albee the money paid for legal fees was related to the city's involvement in lawsuits pertain- ing to regional detention, work on a Soil Consessaittin Service dam `ed Chandler creek in Northeast Round Rock. Mayor Mike Robinson then interrupted .. the . exehange be- t'Ween Sheets and Alliee and.seid the council's policy is to limit citizens to,thw minutes in front ofthe council," AP,O.salCrfle teierted _to forurti because`he felt his ques4ons were not being . attsnegd RobIljRpn A ee'o ques tines +[, art andthat bee `j Utz* d -p Land had handling "your ' ratl,ftt "I assure you they'll be , 1 answered," Robinson said. "You May not get c but your questions will be a4wNwered, Robtt? son pramisee'Aibee certalnquestions would be answered by Robinson or members of the city staff. "If youaub,mitx4sonable questions, I'll - nswe'h them,' ` nsaid , "Iunderline word reasonable." Albee returngglto:hie seat in the audience anti left a few minuter later. Slteete avid Friday that ".the last nine I checked (Albeer had - moire eoflthg HO, 44 tb fteeo s t r » ny where from 10 to 20 it er 4 :140:5f?' 1? a in ornmissioner 'Builder suys regws ed documents incomplete Albee scores'council over records By WILL HAMPTON Leader. Staff 1t A tl e's wdr with City Hall rages on. Albee, the Round Rock builder who sparked the city's Open Records lawsuit last fall, 'confronted the city council Thursday with more charges of improprieties. Albee, addressing the council during the time alloted for citizen communications, began his remarks, by saying the city had failed to comply with_a recent Open Records request he made. Albee said he asked on Jap: 2 to revjew.sprvey deetittleilt8 df the property where the city's new public yard site will be built. The documents were releases} to Albee Jan. 12, but a survey plat drawing was not included. Albee said he again requested the survey plat but had not yet received it. City Manager Bob Bennett said a meets - and - bounds description ol'the property was included among the documents. Bennett said maps and aerial photos of the property would be rriade-.aualla- p1e to Albee, as well as a copy of the survey plat map. City Attorney Stephan Sheets then broke in informing Albee that a survey plat drawing bad, never been made. Bennett apologized to Agree for Weaning him there was a survey plat drawing when there was not. Bennett said he and Jim Nuse, the city's director of public.works, would meet with Albee at 8 a.m. Friday and drive him to the site of the fpture publle works' yard, hle 4S Leented nff �at'eepwood., Drive, west of Round Rock High, School.. Albee agreed, but wondered aloud why the city would money to buy property withiln¢ survey plat. Sheets said the City , exactly, where the property was located and did not want to "waste taxpayer money" on a survey plat drawing., Albee then questioned the (See ALBEE, Page 1OA) AUSTIN WHITE LIME VOL. 428. PG. 516 SURVEY PLAT SHOWING 20.000 ACRES OF LAND IN THE J.M. HARRELL SURVEY, A -284, WILLIAMSON COUNTY, TEXAS a.� _ OI9E r.s`.l asy — va�NSt asA, r SI voleP ROUNO ROCK INDEPENDENT SCHOOL ISTRICT LOT 1. ROUND ROCK WEST SEC 7 -6 CAB. D. SL. 254 -255 IN 00011109 To THE EA 5 SHORN HETEON, TIIE 20.000 ACRE 10001 5 SUBJECT 0 AN EASEMENT OF RECORD IN 1144. PG. 103, HOUND RUCK INDEPENDENT SCHOOL DISTRICT 22.00 AC VOL. 1286, PG. 667 GLEN NEANS VOL. 552. PG. 569 VOL. 564. PG. 597 — - -- POINT OF BEGINNING S,c�,r1C� PROJEC a.7 scALE F0 SCALE 1" =200' 0 1RON PIN SET I. tract Steven t teven O Hellman. A REGISTERED PUBLIC SURVEYOR. do hereby e accurately -olet snow. s hereon tely reorerants e n n 9 nder eY dlrecefon Islon ]fit� o 8 1989. 631 c „ oca d 00 sL Tae er %rty 1' n le r C 574 infele :C al 1,1 00n o ra tr aafone . fe *melts. a rota, conflicts 1n r 0 temesa]n l. erleaaln0 as r 1n 9lecr na artegea v os eNnn �e . e=ant: afare tle3tlla cetCE ce r a4 ey e Ts lect to ell EXHIBIT 'B' PACE 0 OF 0 .1 /NARY 1 980 emcees 6Y Heyni. K011wn i 50.y. Inc. THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared Robert L. Bennett, Jr., City Manager for the City of Round Rock, Texas who, being duly sworn by me, deposes and says: (1) (3) 31383 Pollution Abatement Plan Amendment AFFIDAVIT That my name is Robert L. Bennett, Jr. I am the City Manager of Round Rock, Texas. The City of Round Rock owns the real property described below. (2) That said real property is subject to a WATER POLLUTION ABATEMENT PLAN which was required under the EDWARDS AQUIFER RULES of the TEXAS WATER COMMISSION. That the Water Pollution Abatement Plan for said real property was approved by the Texas Water Commission on November 9, 1990 and is recorded in Volume 1969, Page 351 of the Deed Records of Williamson County, Texas. An amendment of this WATER POLLUTION ABATEMENT PLAN was approved by the Texas Water Commission on October 3, 1991. A copy of the letter of approval from The Commission is attached to this affidavit as Exhibit A and is incorporated herein by reference. (4) The said real property is located in Williamson County, Texas, and the legal description of the property is described in Exhibit B attached hereto and incorporated herein by reference. ..,.RV P4.... (: Notary :io, "••• CHRISTINE R. Pv!ARTINEZ ti �l1 y Public, Stale of Texas 7] My Commission Expires ' JUNE 22. 1993 City Manager D SUBSCRIBED TO I TO before me, on this • VOL ..4QO /PACE 719 I - 1 - — day of Notary Public, State of Texas /� E, C I Printed Name: a �1., 5JT//V-t t /'.! n /7elAJ My Commission Expires: v J _a or,- 2; WILLLIAMSON COUN1YRD7� VOL2067PGi.IW THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared Robert L. Bennett, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed. G j E lun er my hand and s al of office on this the 1 , 19 .t day of t v �� Qf'� .trd.tv.w ;, CHRISTINE R. MARTINEZ Notary Public, State at Texas My Commission Expires JUNE 22, 1993 Notary Public, State of J Texas Printed Name: op -�lSTI J6 1 , 11 m gerik My Commission Expires: 1.0 - as -93 John IIa1I, Chairman B.J. Wynne, 111, Commissioner John E. Birdwell, Commissioner TEXAS WATER COMMISSION PROTECTING TEXANS' HEALTH AND SAFETY EYPREVENTING AND REDUCING POLLUTION October 3, 1991 Mr. Alvin L. Wille, P.E. Assistant Director of Public Works The City of Round Rock 221 East Main Street Round Rock, Texas 78664 .2067P A f.7 Re: Proposed City of Round Rock Public Works Site - Deep Wood Drive, Round Rock, Williamson County, Texas - Request for Approval of Amendment to Water Pollution. Abatement Plan (WPAP); 31 Texas Administrative Code (TAC) Section 313.4 Dear Mr. Wille: We have completed our Texas Water Commission (TWC) review of the amendment to a WPAP for the referenced proposed project that was submitted by to the District 14 Office on July 16, 1991, and received by our Water Quality Division in Austin on August 2, 1991. The proposed project, as approved by the TWC on November 9, 1990 stated that: "The proposed project includes filling a quarry with municipal construction debris and stockpiled overburden from an old quarrying operation and regrading a 20 -acre, southeastern area of the abandoned quarry. ... No development is proposed for the site, and in the event that any is planned, it shall require Executive Director approval prior to commencing construction. ... Any substantial modification, as outlined in 31 TAC Section 313.4 (e), to this approved WPAP must be reported to the District 14 Office and approved by the Executive Director." We are aware that unauthorized modifications to this facility were completed prior to receiving approval from the Executive Director of the Texas Water Commission. Section 26.136 of the Texas Water Code authorizes penalties of up to $10,000 per day for infractions of the Edwards Aquifer protection rules. Modifications to the referenced WPAP include the addition of a 60- feet by 116 -feet asphalt parking area and a 24 -feet by 50 -feet asphalt entryway. The plan for modifications to this development has been reviewed for compliance with 31 TAC Section 313.4 which sets forth pollution abatement criteria for development located on the recharge zone of the Edwards Aquifer. The proposed pollution abatement activities Exhibit "A" page 1 of 3 P.O. Box 13087 Capitol Station • 1700 North Congress Avenue • Austin, Texas 78711 -3087 • 512/463.7830 PRIMTD ON RD:1T1 TO PAIR VOL 2O6 /PAL !J Mr. Alvin L. Wille, P.E. Page 2 are in general agreement with 31 TAC Section 313.4, and approval °of ' the development is hereby granted with the specific conditions listed below. If any abandoned wells exist on the site or are found during construction of the proposed development, they shall be plugged in accordance with the local underground water conservation district's plugging procedures, if applicable, or 31 TAC Section 287.50(a) of this title (relating to Standards for Plugging Wells that Penetrate Undesirable Water Zones), or an equivalent method, as approved by the Executive Director. Pursuant to 31 TAC Section 287.48(e), the person that plugs such a well shall, within 30 days after plugging is complete, submit a Water Well Completion and Plugging Report to the Executive Director, through the District 14 Office. If applicable, approval of the design of the any storage tanks for this proposed development shall be obtained from the Executive Director prior to the commencement of construction of the storage tank system, the design of which shall be in accordance with 31 TAC Section 313.10 or 313.11. Hay bales may be used for erosion and sedimentation control when the drainage area being served is less than one acre and the slopes are less than 10 %. Silt fences should be used when the drainage area is less than 2 acres. Silt fences should be placed within a rock berm for drainage areas greater than two acres or for slopes in excess of 10 %. The bottoms of hay bales, silt fences, and rock berms must be buried at least 4 inches below grade. No waste - disposal wells, new confined animal feeding operations, land disposal of Class I wastes, or use of sewage holding tanks as parts of organized collection systems shall be allowed on the recharge zone of this regulated development. The TWC may monitor stormwater discharges from the site to evaluate the adequacy of the temporary erosion and sedimentation control measures. Additional protection may be necessary if excessive solids are being discharged from the site. The owner /developer shall comply with all applicable provisions of 31 TAC Section 313.4. Construction which is initiated and abandoned, or not completed, shall be returned to a permanent condition such that groundwater in the Edwards Aquifer is protected from potential contamination. Additionally, the City of Round Rock, applicant, shall remain responsible for the provisions and special conditions of this approval until such responsibility is legally transferred to another person or entity, upon which that person or entity shall assume responsibility for all provisions and specific conditions of this approval. Exhibit "A" page 2 of 3 Mr. Alvin L. Wille, P.E. Page 3 Please be reminded that 31 TAC Section 313.4 (c) requires the owner /developer to: (1) record in the county deed records that this property is subject to the approved modification of a WPAP; (2) within 30 days of receiving written notice of approval of the water pollution abatement plan from the Executive Director, submit to the Executive Director proof of application for recordation of notice in the county deed records; and (3) submit to the appropriate district office proof of application for recordation of notice in the county deed records. Enclosed is a suggested format you may wish to use to deed record your approved WPAP. Also, 31 TAC Section 313.4 (d) (2) requires that if any significant recharge features, such as solution openings or sinkholes, are discovered during construction, all regulated activities near the significant recharge feature must be immediately suspended and may not proceed until the Executive Director has reviewed and approved the methods proposed to protect the aquifer from any potential adverse impacts. Upon discovery of the significant recharge features, the developer shall immediately notify the District 14 Office located at 1700 South Lamar, Building 1, No. 101, Austin, Texas, 78704 -3360, telephone (512) 463 -7803. Any substantial modification, as outlined in 31 TAC Section 313.4 (e) , to this approved WPAP must be reported to the District 14 Office and approved by the Executive Director. Failure to comply with any of the aforementioned conditions, deed recordation requirements, or any other specific conditions of approval is a violation of these rules. Pursuant to Section 26.136 of the Texas Water Code, violations of these rules may result in administrative penalties of up to $10,000 for each act of violation and for each day of violation. If you have any questions or require additional information, please contact either the District 14 Office field investigator at (512) 463 -7803 in Austin or the Edwards Aquifer Coordinator at (512) 463 -8497 in Austin. Sincerely, Allen Beinke Executive Director c -_ rirjri Enclosure cc: Joe Vining, Director of Planning, City of Round Rock Don Wilson, County Judge, Williamson County Bobb Nelms, Texas Water Commission, District 14 Office Rob Conti, Edwards Aquifer Coordinator, Texas Water Commission Exhibit "A" page 3 of 3 VOL 4.08 1 PMG. f 24 FIELD NOTES describing a 20,000 acre tract or parcel of land in the Jacob M. Harrell Survey, Abstract No. 284. situated in,Williamaon County, Texas, being a portion of those certain lands conveyed to Austin White Lime Company by deed recorded in Volume 428, Page 516 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at an iron pin set on the wept right -of -way line of Deepwood Drive, a ninety (90) foot wide right -of -way dedicated by instrument recorded in Volume 1679, Page 409 of said Deed Records, being on the north line of a portion of the remainder of those certain lands conveyed to Glen Neans by deeds recorded in Volume 552, Page 569 and Volume 564, Page 597 of said Deed Records, for the southeast corner and POINT OF BEGINNING of the hereinafter described tract; THENCE along the south line hereof, the following two (2) courses; 1.) along the north line of said Neana tract, S71 0 32'41 "W, 28.81 feet to an iron pin set at the northeast corner of Lot 1, Round Rock Went. Section 7 -A, as shown on a Plat of Record in Cabinet D, Slides 254 -255 of the Plat Records of Williamson County. Texas, for an angle point hereof; 2.) along the north line of said Lot 1, S71 °31'53 "W, 1118.41 feet to an iron pin set for the southwest corner hereof; •THENCE along the west line hereof, N08 ° 31 1 13 "W, 770.99 feet to an iron pin set for the northwest corner hereof; THENCE along the north line hereof, N71 °31'53 "E, 1147.22 feet to an iron pin set on said west right -of -way line of Deepwood Drive, for the northeast corner hereof; THENCE along said west right -of -way line, for the east line hereof, S08 °31'13 "E, 771.00 feet to the POINT OF BEGINNING of the herein described tract, containing 20.000 acres of land. I, Steven D. Kallman, A REGISTERED PUBLIC SURVEYOR, do hereby certify that theme field notes accurately represent the results of ap on- the - ground survey made under my direction and supervision on the 16th day of January, 1989. All corners located are as described. HAYNIE. KALLMAN & GRAY, INC. Exhibit "B" page 1 of 1 FIELD NOTES FOR 20.000 ACRES Steven D. Kallman, Registered Public Surveyor No. 3337 1-27-39 Date Job No. 487 - 2303 - RECORDERS MEMORANDUM All or parts of the text on this page was cot dearly legible for satisfactory recordation. FILE'' _ c ORD ITY. - X. 1E1 OCT 16 P.9 a 42 TY CLEF;' STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on 6 11 COUNTY CLERK WILLIAMSON COUNTY, TEXAS VDL 2067 ALL. 74 l co WHEREAS, the City of Round Rock desires to purchase a site for the location of a Public Works Yard, and WHEREAS, the City is interested in consummating this transaction as expeditiously as possible, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized to execute on behalf of the City all documents necessary to consummate said transaction. RESOLVED this 9th day of February, 1989. ATTEST: NE LAND, City Secretary C37RESPBWKS RESOLUTION NO. //7. MIKE ROBINSON, Mayor City of Round Rock, Texas • WARRANTY DEED THE STATE OF TEXAS COUNTY OF WILLIAMSON : KNOW ALL MEN BY THESE PRESENTS: That AUSTIN WHITE LIME COMPANY, a Texas limited partnership ( "Grantor ", whether one or more), for a full valuable cash consideration to Grantor in hand paid by the CITY OF ROUND ROCK, TEXAS ( "Grantee ", whether one or more), the receipt of which is hereby acknowledged, and for the payment of which no lien, express or implied, is retained against the property and premises hereby conveyed, has GRANTED, SOLD AND CONVEYED and, by these presents, does GRANT, SELL AND CONVEY unto Grantee the following described real property in Williamson County, Texas, together with all improvements thereon, to wit: Twenty (20) acres of land, more or less, out of the Jacob M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, more fully described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Property "). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee's successors and assigns, forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except, however, that this conveyance is made subject to the liens decuring payment of ad valorem taxes for the current and all subsequent years, as well as to those matters set forth on Exhibit "B ", attached hereto and incorporated herein by reference. Ad valorem taxes for the current year have been prorated and Grantee agrees to pay said ad valorem taxes for the current and all subsequent years. Grantee's address: 221 East Main Street Round Rock, Texas 78684 Executed this the 14 day of W2QJ1C.L , 1989. AUSTIN WHITE LIME COMPANY, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas general partnership, General Partner BY: A. frec2.4-4-44-77a22-- nson, III General Partne By: Oscar Robinson General Partner THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the /Oday of 1(11t!'h , 1989, by A. H. Robinson, III, General Partner of Robinson Associates, a Texas general partnership, General Partner of Austin White Lime Company, a Texas limited partnership, on behalf of said partnershis,,, •`'i Y P V =(o / Notary Public, •tate of Texas MELISSA K. MILLER THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the /r -day of wc Ch , 1989, by Oscar Robinson, General Partner of Robinson Associates, a Texas general partnership, General Partner of Austin White Lime Company, a Texas limited partnership, on behalf of said partnerships. 289 -19.5 2 #1 AP (Name - Typed or Printed) My Commission Expires: MAY 9 1989 Notary Public, tate of Texas MELISSA K MILLER (Name - Typed or Printed) My Commission Expires: MAY 91989 fi A FIELD NOTES FOR 20.000 ACRES FIELD NOTES describing a 20.000 acre tract or parcel of land in the Jacob M. Harrell Survey, Abstract No. 284, situated in Williamson County, Texas. being a portion of those certain lands conveyed to Austin White Lime Company by deed recorded in Volume 428, Page 516 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds a■ follows; BEGINNING at an iron pin set on the west right -of -way line of Deepwood .Drive, a ninety (90) foot wide right -of -way dedicated by instrument recorded in Volume 1679, Page 409 of said Deed Records, being on the north line of a portion of the remainder of those certain lands conveyed to Glen Neans by deeds recorded in Volume 552, Page 569 and Volume 564, Page 597 of said Deed Records, for the southeast corner and POINT OF BEGINNING of the hereinafter described tract; THENCE along the south line hereof, the following two (2) courses: 1.) along the north line of said Neans tract, 871 °32'41 "W, 28.81 feet to an iron pin set at the northeast corner of Lot 1, Round Rock West, Section 7 -A, as shown on a Plat of Record in Cabinet D, Slides 254 -255 of the Plat Records of Williamson County. Texas, for an angle point hereof: 2.) along the north line of said Lot 1, 871 °31'53 "W, 1118.41 feet to an iron pin set for the southwest corner hereof; THENCE along the west line hereof. N08 °31'134W. 770.99 feet to an iron pin set for the northwest corner hereof; THENCE along the north line hereof, N71 °31'53 "E, 1147.22 feet to an iron pin set on said weet right -of -way line of Deepwood Drive, for the northeast corner hereof; THENCE along said west right -of -way line. for the east line hereof. S08 °31'13 "E, 771.00 feet to the POINT OP BEGINNING of the herein described tract, containing 20.000 acres of land. I, Steven D. Millman. A REGISTERED PUBLIC SURVEYOR, d0 hereby certify that these field notes accurately represent the results of an on- the - ground survey made under riy direction and supervision on the 16th day of January, 1989. All corners located are as described. HAYNIE, XALLMAN & GRAY, INC. f.eL Steven D. Rallman, Registered Public Surveyor No. 3337 /- 27 -89 bate Job No. 4872303 -6 EXHIBIT "B" 1. Electrical and telephone easement of undetermined width, the centerline of which is located along the east line of the subject property, together with all rights granted therein, granted to Texas Power and Light Company as recorded in Volume 236, Page 337, Deed Records of Williamson County, Texas. Said easement contains the right to relocate. 2. Electrical easement, together with all rights granted therein, granted to Texas Power and Light Company, as recorded in Volume 790, Page 484, Deed Records of Williamson County, Texas. The centerline of said easement is located along the east property line of subject property. 3. 15' waterline easement, together with all rights granted therein, granted to the City of Round Rock, as recorded in Volume 894, Page 48, Deed Records of Williamson County, Texas. Said easement located along the east property line of subject property. 4. Water and sewer line agreement dated March 14, 1983, recorded in Volume 926, Page 347, Deed Records of Williamson County, Texas, executed by Texas Power and Light Company and accepted by the City of Round Rock. 5. Right -of -way and water flowage easement together with all rights granted therein, granted to the City of Round Rock, as recorded in Volume 1144, Page 103, Official Records of Williamson County, Texas. 6. Permanent and temporary drainage easement traversing the southeast portion of the lot, as recorded in Volume 1679, Page 414, Official Records of Williamson County, Texas. 289 -23.5 ACCOUNT NO. DESCRIPTION GROSS DISCOUNT NET AMOUNT THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD ,.. rig HNGL.. TO VIEW THE CITY OF ROUND ROCK 214 E;'MAIN ST. + ROUND ROCK. TEXAS 78664 DATE CHECK' NO 3/15/89 3987 $90,058.30 ^l1GOD LIVING - 80Th A _. - Travis Title Company 8200 Mopac Expressway ;Austin,' Texas -airy " of -x; 900.5 ND RO(f N `CS ROUND ROC K. TE %AS ROIINORROCK CAPITAL PROJECTS FUND TO THE • r QRDER bF ': 48 -10 -6102 Balance remaining /purchas P/W yard site 11.0039871 1:31497065 LI: DETACH BEFORE DEPOSITING 90,058.30 0408 0027811 90,058.30 Gentlemen: as described in Deed to the insured: Mailing Address Telephone Number SOUTHERN TITLE GUARANTY CO., INC. Southern Title Guarantyco.ine WAIVER OF INSPECTION In consideration of the issuance to the City of Round Rock Williamson County , Texas Date: March , 1989 G F No. 7-1 -15611 of your policy No. for $ 280,000.00 guaranteeing that title to: Lot , Block , of in County, Texas. 20.00 acres of land out of the Jacob M. Harrell Survey, Abstract No. 284, situated in Williamson County, Texas, being further described by metes and bounds description in Exhibit "A" attached hereto and made a part hereof. is good in the insured, subject to the terms, conditions and stipulations of such policy. Also subject to the following special exceptions: We hereby waive inspection by you of such property and accept your policy subject to the rights of parties in possession and those under whom they hold, if any such are now in possession of the premises upon which you have issued such policy, and take it upon ourselves to inspect such premises and to obtain possessipiereof fr the present occupants. Yours very truly, wHITE LIME CO TEL H0:512 3881220 t1 i5 F'02 FIELD NOTES FOR 20.000 ACRES FIELD NOTES describing a 20.000 acre tract or parcel of land in the Jacob M. Harrell Survey, Abstract No. 284, situated in Williamson County, Texas, being a portion of those certain lands conveyed to Austin White Lime Company by deed recorded in Volume 428, Page 516 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at an iron pin set on the west right -Of -way line of Deepwood Drive, a ninety (90) foot wide right -of -way dedicated by instrument recorded in Volume 1679. Page 409 of said Deed Records, being on the north line of a portion of the remainder Of those certain lands conveyed to Glen Neans by deeds recorded in Volume 552, Page 569 and volume 564. Page 597 of said Deed Records, for the southeast corner and POINT CF BEGINNING of -the hereinafter described tract, THENCE along the south line hereof, the following two (2) courses: 1.) along the north line of said Neans tract, 871 "W, 28.81 feet to an iron pin set at the northeast corner Of Lot 1, Round Rock West, Section 7 -A, as shown on a Plat of Record in Cabinet D, Slides 254 -255 of the Plat Records of Williamson County, Texas, for an angle point hereof; 2.) along the north line of said Lot 1, B71 °31'53 "W, 1110.41 feet to ar• iron pin set for the southwest corner hereof; THENCE along the west line hereof, N08 0 31'13 "W, 770.99 feet to an iron pin set for the northwest corner hereof; THENCE along the north line hereof, N71 °31'53 "E, 1147.22 feet to an iron pin set on said wept right -of -way line of Deepwood Drive, for the northeast corner hereof; THENCE along said west right -ot -way line, for the east line hereof, SO8°31'13 "E, 771.00 feet to the POINT OF BEGINNING of the herein described tract, containing 20.000 acres "Of land. 1, Steven D. Kaltman. A REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on ground survey made under my direction and supervision on the 16th day of January, 1969. All corners located are as described. HAYNIE, RALLMAN & GRAY, INC. EXHIBIT "A" PAGE 1 OF 1 Steven D. Kaltman, Registered Public Surveyor No. 3337 I -274 Date JOb No. 487- 2303 -6 SETTLEMENT STATEMENT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN 1. 11 FHA 2.0 FMHA 3. ❑ CONY. UNINS. 4. ❑ VA 5.0 CONY. INS. 6. File Number: 17. Loan Number. 7115F11 8. Mortgage Insurance Case Number: C. ttDTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to any by the settlement agent are shown. Items marked 'r(p.o.c.) r r were paid outside the closing; they are shown here for informational purposes and are not included in the totals. L... ;1LME OF BORROWER: CITY OF ROUND ROC( ADDRESS: 1. 31 r•ME OFSELLER: AUSTIN WHITE LIME CD. ADDRESS: F. NAME OF LENDER: ADDRESS: C. wROPERTY LOCATION Lot * Block N Section J. M. HARRELL SURVEY, WILL Section 1:. 2ETTLEMENT TRAVIS TITLE COMPANY I I. SETTLEMENT ADDRESS: 8200 N. MQPAC EXPRESSWAY AUSTIN, TEXAS 78759 DATE: .::E OF SETTLEMENT: 8200 N. MOPAC EXPRESSWAY ADDRESS: AUSTIN, TEXAS 78759 J. SUMMARY OF BORROWER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 03/14/89 K. SUMMARY OF SELLER'S TRANSACTION 400. GROSS AMOUNT DUE TO SELLER: ', Contract sales pace 280.000, 00 i 401. Contract sales pace 280, 000. 00 ::. Personal property 402. Personal property .,i. Setnement charges to borrower (line 1400) 83,30 403. 404. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance .,:.. Citynown taxes lo r 406. City/town taxes to County taxes to 407. County taxes to (2 Assessments to 408. Assessments to 409. .'. Other Taxes 410. 411. 412. GROSS AMOUNT DUE FROM BORROWER 280.083.30 420 GROSS AMOUNT DUE TO SELLER 280,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: ,n. Deposit or earnest money 501.' Excess deposit (see instructions) (..J:. Principal amount of new ban(s) 502. Settlement charges to seller (line 1400) 2. 121.70 , . Existing loan(s) taken subject to 190,000. 00 25. 503. Existing loan(s) taken subject to 190.000.00 504. Payoff of first mortgage ban APPROX. TAX PRORATION 1 - - 89 TO 3 14 - 89) 1 505. Payoff of second mortgage loan 506. APPROX. TAX PRORATION 25.00 507. (1 - - TO 3- 14 -89) Adjustments for items unpaid by seller 508. ,...i. City/town taxes to 509. ' County taxes to Adjustments for items unpaid by se10 . Assessments to 510. City/town taxes to _ , School taxes 511. County taxes to 512. Assessments to 513. School taxes 514. 515. 2 (t 516. �(c 517. TOTAL PAID BY/FOR BORROWER 190. 0255.00 518. 519. 300. GASH AT SETTLEMENT FROA1fTO BORROWER TOTAL 520. REDUCTIONS AMOUNT 192,146 701 Gross amount due tom borrower (line 120) 280.083.30 I } DUE SELLER .. Less amounts paid by/for borrower (line 220) ( 190.025. I 600. CASH AT SETTLEMENT TO/FROM SELLER 22. GASH ( l ii FROM) (0 TO) BORROWER 90,05E1. 30 601. Gross amount due to seller (lone 420) 280 09101. FM 1802. Less reductions in amount due seller (line 520) I ■ 19P, 14F. 7d 603. CASH (Q TO) (0 FROM) SELLER 1 87, 853. 30 PAGE 1 OF 2 Form •ppro..d OMB No 83 -14-1601 Page 1 HUDP1 REv (5176) L. SETTLEMENT CHARGES ,..i.. TOTAL SALES /BROKER'S COMMISSION based on price $ 280, 000.00 @ %= PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT Division of Commission (line 700) as follows: • $ to $ to Commission paid at Settlement (Money retained by broker applied to commission $ I Other sales agent charges /, dditionat commission 800. ITEMS PAYABLE IN CONNECTION WITH LOAN Loan Origination Fee % :... Loan Discount % .. Appraisal Fee to Credit Report to 22 Lender's Inspection Fee Mortgage insurance Application Fee to . -, Assumption Fee 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE Interest from to @ $ /day ,n. . Mortgage Insurance Premium for months to ,. .. . Hazard Insurance Premium for years to years to 1000. RESERVES DEPOSITED WITH LENDER 001 Hazard insurance month @ $ per month 222. Mortgage insurance month @ 8 per month C,,a City property taxes month @ $ per month ._..,- County property taxes month @ $ per month r.:1_ Annual assessments month @ $ per month C.GG. Scho8CAces Tarr month @ $ per month ,u:. month @ $ per month .,,,,.. month @ $ per month 1100, TITLE CHARGES t Settlement or closing fee to TRAVIS TITLE COMPANY 60.00 60.00 .... Abstract or title search 10 ,,... Title examination to ''i :. Title insurance binder to 05. Document preparation to I 1121 Notary fees to '. Attorney's fee to (includes above items numbers; .3. Title insurance to TRAVIS TITLE COMPANY 1,988.40 (includes above items numbers; 0_). Lender's coverage $ 190, 000.00 0. Owner's coverage $ 280, 000.00 STATE /TX GUARANTY FEE TRAVIS TITLE — GUARANTY FUND 3.00 MESSENGER FEE TRAVIS TITLE COMPANY 12.50 12.50 COPY FEE TRAVIS TITLE COMPANY 10.00 10.00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES :237. Recording fees: Deed $ 11• 00 ; Mortgage $ ; Release $ 9. 00 20.00 1232. City /county tax/stamps:Deed $ ; Mortgage $ 7::03 State tax /stamps: Deed $ ; Mortgage $ '.. Tax Certificate 25.00 8% SALES TAX TRAVIS TITLE COMPANY .80 2.80 1300. ADDITIONAL SETTLEMENT CHARGES 23). Survey to ,F. ;2. Pest Inspection to - . :07. '. : 22, TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section K) 83.30 2,121.70 The above settlement is hereby approved, the disbursements Indicated are authorized, and settlement may be completed by settlement agent. Borrower CITY O Rekfilp ROCK Seller AUSTIN WHTTF T.TMF, MAMMY -rl BY: y: xoDIn By: f� Byi L 41 A Page 2 tes, General Partner ADDENDUM TO HUD -1 SETTLEMENT STATEMENT I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. CITY 0F ROUND $OCK AUSTIN WHITE COMPANY BY: BY: G.i✓ Borrowers The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. tl �� P Set�fe�n Agent Sellers 3 / 8't Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. THE STATE OF TEXAS 5 5 COUNTY OF WILLIAMSON S 1989. MODIFICATION AGREEMENT WHEREAS, by Real Property Contract dated January 30 , 1989 (the "Contract "), Austin White Lime Company, a Texas general partnership as Seller, and the City of Round Rock, Texas, a home -rule city incorporated under Article XI, Section 5 of the Texas Constitution as Buyer, entered into an agreement for the sale and purchase of twenty (20) acres of land out of the J. M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, a full and complete description of said Property being incorporated into the Contract (the "Property "); and WHEREAS, Seller and Buyer have mutually agreed to modify the terms of the Contract as hereinafter provided; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Buyer and Seller, for and in consideration of the premises and the mutual benefits accruing to each, have agreed and by these presents do agree as follows: 1. Paragraph 5.01 of the Contract shall be amended to read as follows: "5.01 Closing Date. The purchase and sale of the Property shall be closed in the offices of the Title Company on or before March 15, 1989. Buyer may elect to close prior to March 15, 1989 by delivery of at least three (3) days' written notice to Seller. If closing has not occurred prior to March 15, 1989, then closing shall take place at 10:00 a.m. on March 15, 1989." 2. Except as modified herein, all terms, covenants and conditions of the Contract shall remain in full force and effect. Executed in multiple counterparts this /5 of Y7 SELLER: AUSTIN WHITE LIME COMPANY, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas general partnership General Partner By: By: A. obinson, III General Partner Oscar Robinson General Partner BUYER: CITY OF ROUND ROC By: Its /)1l Y, R. • V ATTEST: 5- 0189.37 DATE: February 7, 1989 SUBJECT: Council Agenda, February 9, 1989 ITEM: 9Se Consider a resolution authorizing the Mayor to execute documents for the purchase of a Public Works Yard Site. STAFF RESOURCE PERSON: Jim Nuse /Steve Sheets STAFF RECOMMENDATION: This resolution will authorize the Mayor to execute any closing documents necessary to purchase the Yard Site. Staff recommends approval. ECONOMIC IMPACT: