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R-90-1485 - 8/9/1990ATTEST: NE LAND, C1 Secretary C- RS08090B RESOLUTION NO. / 4g5 ]\ WHEREAS, the City has previously advertised for the exchange of a certain future interest in favor of the City of Round Rock in a ten acre tract of land situated in the Donaho Survey, and WHEREAS, on November 21, 1989, the City accepted the bid of the Old Settlers Association of Williamson County, Texas regarding the exchange of the above - described future interest, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to sign on behalf of the City a Special Warranty Deed conveying a future interest to the Old Settlers Association, said deed being attached hereto and incorporated herein for all purposes. RESOLVED this 9th day of August, 1990. MIKE ROBINSON, Mayor City of Round Rock, Texas SPECIAL WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the CITY OF ROUND ROCK, TEXAS, a municipal corporation ( "Grantor "), for and in consideration of the sum of Ten and no /100 Dollars and other valuable consideration to said Grantor paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, and for which no liens are retained and all liens respecting such consideration are expressly waived by Grantor, has GRANTED, EXCHANGED and CONVEYED and by these presents does GRANT, EXCHANGE and CONVEY unto THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas non - profit corporation ( "Grantee "), all of Grantor's right, title and interest in and to the future interests (herein called the "Future Interests ") created in favor of the City of Round Rock, Texas, in the following described property by deed dated January 14, 1986, executed by Crow- Gottesman- Shafer #22, a Texas limited partnership, to OSA, recorded in Volume 1300, Page 496, and in Partition Deed dated February 9, 1989, recorded in Volume 1760, Page 451, Deed Records of Williamson County, Texas, to -wit: That certain 10.000 acres of land in the Willis Donaho Jr. Survey, Abstract No. 173, being more fully described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference for all purposes; TO HAVE AND TO HOLD that future interest in favor of the Grantor in 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 Grantor does hereby bind itself, its successors and assigns forever; and Grantor does hereby bind itself, 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, by, through or under Grantor, but not otherwise. The consideration for the conveyance effected by this deed has been paid by Grantee to Grantor by Grantee's conveyance to Grantor by Special Warranty Deed of even date herewith of a certain other future interest in and to the above property. EXECUTED this �plday of a , 1990. THE CITY OF ROUND ROCK, TEXAS Mike Robinson, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON is instrument was acknowledged before me on this aZ day , 1990, by Mike Robinson, Mayor, City of Round !a CHRISTINE R. MARTINEZ Notary Pui C. Stage u! Texas My Commission Expires JUNE 22, 1993 Address of Grantee: 5 OSA of Williamson County, Texas c/o Vernon A. Walton 704 W. Park Temple, Texas 76501 Agb Notary Public, State of Texas Printed name: 0H8'157 R. /77i77erin/E2. Commission expires: JUNE a2, /993 YMCA TRACT - 10.000 ACRES THENCE along an east line hereof, S02 ° 35'31 "E, 360.00 feet to an iron pin set for an ell corner hereof; FIELD NOTES describing a 10.000 acre tract or parcel of land, in the Willis Donaho, Jr. Survey, Abstract No. 173, situated in Williamson County, Texas, being a portion of that certain 425.540 acre TRACT I, as described in deeds to The City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Association of Williamson County, Texas, recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the south right -of -way line of County Road No. 113, being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier, by deed recorded in Volume 908, Page 700 of said Deed Records, also being the most northerly northwest corner of said 425.540 acre TRACT I, for the northwest corner and POINT OF BEGINNING of the hereinafter described tract; THENCE along the south right -of -way line County Road No. 113, for the north line hereof, the following three (3) courses: 1.) S74 °38'56 "E, 115.23 feet to an iron pin found for an angle point hereof; 2.) S86 ° 35'23 "E, 115.27 feet to an iron pin found for an angle point hereof; 3.) N87 °24'29 "E, 89.64 feet to an iron pin set for the most northerly northeast corner hereof; THENCE N87 °24'29 "E, 255.71 feet to an iron pin set for the most easterly northeast corner hereof; THENCE along an east line hereof, S02 °35'31 "E, 493.66 feet to an iron pin set for the southeast corner hereof; THENCE along the south line hereof, the following five (5) courses: 1.) S87 °43'54 "W, 83.35 feet to an iron pin set at the PC of a curve to the left having a radius of 376.00 feet and a central angle of 13 °45'44 "; 2.) along the arc of said curve 90.31 feet, the long chord of which bears S80 ° 51'02 "W, 90.10 feet to an iron pin set at the PT of said curve, said point being the PC of a curve to the left having a radius of 304.73 feet and a central angle of 13 °51'16 "; 3.) along the arc of said curve 73.69 feet, the long chord of which bears S70 °48'15 "W, 73.51 feet to an iron pin set at the PT of said curve, said point being the PC of a curve to the right having a radius of 302.73 feet and a central angle of 11 °52'29 "; 4.) along the arc of said curve 62.74 feet, the long chord of which bears S69 °48'52 "W, 62.63 feet to an iron pin set at the PT of said curve; 5.) S75 °45'06 "w, 298.25 feet to an iron pin set for the southwest corner hereof; EXHIBIT "A" YMCA TRACT - 10.000 ACRES (continued) SE OF �P• n'' r.,.. . f /,UFiF. F. HINY.I Jr" >) 4 629 •. c 33I r` •{ �od Date Job No. 03- 2284 -6 -B THENCE along the west line hereof, N01 ° 08'56 "W, at a distance of 487.46 feet pass a nail found in concrete by a fence corner post at an ell corner of said 425.540 acre TRACT I, and continue in all a total distance of 1011.54 feet to the POINT OF BEGINNING of the herein described tract, containing 10.000 acres of land. I, Claude F. Hinkle, Jr., a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on- the - ground survey made under my direction and supervision on the 7th day of December, 1988. All corners located are as described. HAYNIE, KALLMAN & GRAY, INC. Clause F. Hinkle, Jr., Registered Public Surveyor No. 4629 DATE: August 7, 1990 SUBJECT: City Council Meeting, August 9, 1990 ITEM: 9B. Consider a resolution authorizing the Mayor to execute a deed conveying a future interest in certain property to the Old Settlers Association. STAFF RESOURCE PERSON: Stephan Sheets STAFF RECOMMENDATION: The City owns a future interest in the real estate owned by the Old Settlers Association, so that in the event that sometime in the future the Old Settlers Association ceases to exist, all of its real estate then belongs to the City. The Old Settler's Association now desires to convey certain property to the YMCA. This deed in effect releases the present future interest triggered by the Old Settlers Association ceasing to exist in exchange for a new future interest triggered by the YMCA ceasing to exist. ECONOMIC IMPACT: Staff recommends approval of the resolution. Dear Mrs. Land: November 20, 1989 Mrs. Joanne Land Assistant City Manager' City of Round Rock , 221 East Main Round Rock, Texas 78664 Re: Bid to exchange a interest in favor :of the City of Round Rock in a ten (10) acre tract •of land in the Willis Donaho Survey,• No. 173, Williamson County, Texas, for another future interest in favor of the City of Round Rock. The Old Settlers Association of Williamson County, Texas ( "OSA ") hereby extends its Bid to Exchange a future interest in favor of the City for another future interest in favor of the City. The City of Round Rock has offered to exchange a future interest currently existing in the above - described 10 -acre tract by public notice published in the American Statesman on November 3 and 4, 1989. In exchange for the release by Ordinance of the future interest currently existing on the 10 acre tract, OSA will arrange in accordance with applicable law and regulations to have a deed delivered to the YMCA conveying a fee simple interest to the YMCA with a future interest whereby the above - described property shall revert to the City of Round Rock if said property is no longer owned by the YMCA or if the above - described property is no longer used for YMCA purposes. Sincerely yours, OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS By: 72 T -0 Printed Name: , (,. . ,4. /..e, ..) Its: ./2- I r�c c'x — Yros c. c r.C, NOTICE TO BIDDERS OF PUBLIC SALE OR EXCHANGE OF REAL PROPERTY SEALED BIDS WILL BE ACCEPTED BY THE CITY OF ROUND ROCK, TEXAS, FOR THE SALE OR EXCHANGE OF THE, FOLLOWING: 1) A FUTURE INTEREST IN A TEN (10) ACRE TRACT OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS,SAID FUTURE INTEREST WAS CREATED IN FAVOR OF THE CITY OF ROUND ROCK BY A SPECIAL WARRANTY EXCHANGE DEED FROM CROW - GOTTESMAN - SHAFER #22 TO THE OLD SETTLER'S ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, WHICH DEED IS RECORDED IN VOLUME 1300, PAGE 496 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. THE FUTURE INTEREST IS CONDITIONED UPON THE DISSOLUTION OF THE OLD SETTLER'S ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, BY OPERATION OF LAW OR TIME. THE CITY OF ROUND ROCK SEEKS TO SELL OR EXCHANGE THE ABOVE - DESCRIBED FUTURE INTEREST FOR ANOTHER FUTURE INTEREST IN FAVOR OF THE CITY WHICH THE CITY OF ROUND ROCK DETERMINES TO BE DESIRABLE AND ACCEPTABLE TO THE CITY. FOR FURTHER INFORMATION ON THE ABOVE - DESCRIBED FUTURE INTEREST,PLEASE CONTACT JOANNE LAND, ASSISTANT CITY MANAGER. a t BID WILL BE' RECEIVED UNTIL : 10:00 A.M. ON NOVEMBER 21, 1989. ANY BIDS RECEIVED ., AFTER 10:00 A.M. ON NOVEMBER 21, 1989 MAY BE REJECTED AND RETURNED UNOPENED. BIDS MUST BE MAILED OR DELIVERED TO: CITY OF ROUND ROCK JOANNE LAND ASSISTANT CITY MANAGER ROUND ROCK, TEXAS 78664 PUBLICATION DATES: )1 L V9 rn. h l 3, 1919 71ov.erm4&u 4, /9e9