R-91-1629 - 7/25/1991RESOLUTION NO. 1(.029 4
WHEREAS, field conditions encountered during the construction of
the golf course required minor modifications to the field note
description of the golf course, and
WHEREAS, such modifications require the correction of the
Dedication Deed whereby the golf course tract was conveyed to the
City, and
WHEREAS, the City Council wishes to acknowledge and accept the
correction deed, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to acknowledge
and accept the Dedication Deed (Correction) for the golf course tract,
a copy of which is attached hereto as Exhibit '
RESOLVED this 25th day of July, 1991.
ATTEST:
NE
RS07251D
LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
GCDDC
DEDICATION DEED (CORRECTION)
§
§
EXHIBIT
KNOW ALL MEN BY THESE PRESENTS :
THAT, FRANKLIN CAPITAL CORPORATION, a Texas corporation
( "Grantor "), for and in consideration of the sum of Ten and No /100
Dollars ($10.00) and other good and valuable consideration to Grantor
in hand paid by City of Round Rock, Texas, a home rule municipal
corporation organized and existing under the laws of the State of
Texas ( "Grantee "), having its principal office and its mailing address
at 221 East Main Street, Round Rock, Texas 78664, has GRANTED, SOLD
and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto
Grantee, subject to the liens, exceptions and encumbrances listed in
Exhibit B, attached hereto and incorporated herein by this reference,
the real property situated in Williamson County, Texas, which is
described in Exhibit A, attached hereto and incorporated herein by
reference for all purposes ( "Land "), together with (i) Grantor's
interest in all buildings, structure, fixtures and improvements
erected on, located on or attached to the Land (collectively,
"Improvements "), and (ii), subject in all respects to Grantor's and
those persons' described in Exhibit B, attached hereto and
incorporated herein by reference for all purposes, existing rights,
interests and obligations therein and thereto (including, without
limitation, Grantor's rights evidenced by that certain Land Use
Agreement (herein so called) dated September 28, 1989, which was
recorded immediately prior to the recordation of this Dedication Deed,
and any and all documents executed, or contemplated to be executed, in
connection therewith and /or mentioned therein or pertaining thereto),
all tenements, hereditaments, rights, privileges, interests, easements
and appurtenances belonging or in anywise pertaining to the Land or
the Improvements.
TO HAVE AND TO HOLD the above- described premises, subject to the
liens, exceptions and encumbrances listed in Exhibit B, attached
hereto and incorporated herein by this reference (each of which is an
exception to the special warranty of title herein made), unto Grantee,
its legal representatives, successors and assigns, forever; and
Grantor does hereby bind itself, its legal representatives, successors
and assigns, to WARRANT and FOREVER DEFEND, all and singular, the
above - described premises unto Grantee, its legal representatives,
successors and assigns, against every person or entity whomsoever
lawfully claiming or to claim the same or any part thereof, by,
through or under Grantor, but not otherwise, and subject and
subordinate, with respect to both the special warranty of title and
the conveyance herein made, however, in all respects to the liens,
exceptions and encumbrances listed in Exhibit B, attached hereto and
incorporated herein by this reference for all purposes, and to the
matters herein previously set forth.
NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS DEDICATION DEED
TO THE CONTRARY, EXCEPT SOLELY FOR THE SPECIAL WARRANTY OF TITLE SET
FORTH HEREIN, GRANTOR MAKES NO REPRESENTATION OR WARRANTY OF ANY
NATURE WITH RESPECT TO THE LAND, IMPROVEMENTS OR OTHER RIGHTS OR
INTERESTS HEREIN CONVEYED, INCLUDING, WITHOUT LIMITATION, THE SURFACE
AND SUBSURFACE CONDITION THEREOF; IT BEING AGREED BY GRANTEE, BY
ACCEPTANCE OF THIS DEDICATION DEED, THAT THE LAND, IMPROVEMENTS AND
OTHER INTERESTS AND RIGHTS HEREIN CONVEYED ARE BEING CONVEYED AS -IS,
WHERE -IS AND WITH ALL FAULTS. MOREOVER, ALL REPRESENTATIONS AND
WARRANTIES, EXCEPT SOLELY THE SPECIAL WARRANTY OF TITLE CONTAINED IN
THIS DEDICATION DEED. ARE EXPRESSLY DISCLAIMED AND NEGATED. GRANTEE,
BY ACCEPTANCE OF THIS DEDICATION DEED, ACKNOWLEDGES AND AGREES THAT IT
IS SATISFIED AS TO THE CONDITION OF THE LAND, IMPROVEMENTS AND OTHER
RIGHTS AND INTERESTS HEREIN CONVEYED, INCLUDING, WITHOUT LIMITATION,
ANY AND ALL ENVIRONMENTAL MATTERS PERTAINING THERETO; GRANTOR HAS MADE
NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH ENVIRONMENTAL
MATTERS, AND GRANTEE, BY ACCEPTANCE OF THIS DEDICATION DEED,
UNCONDITIONALLY RELEASES GRANTOR FROM ANY AND ALL CLAIMS WITH RESPECT
THERETO.
By acceptance of this Dedication Deed, Grantee expressly
acknowledged and agrees that the Land, Improvements and other
interests and rights herein conveyed to Grantee shall immediately
revert to Grantor, without further action of Grantor or Grantee, upon
the occurrence of any one or more of the following events: (a) failure
of Grantee to close the financing of the Course and Facilities (as
defined in the Land Use Agreement) within six (6) months from the date
hereof and deposit in escrow for said purposes funds sufficient to
construct and complete the Course and Facilities; (b) failure of
Grantee to obtain the approval of Grantor within three (3) months from
the date hereof of the documents governing the initial financing,
construction and management of the Course and Facilities, which
approval shall not be unreasonably withheld; (c) failure of the
construction of the Course and Facilities to be commenced within six
(6) months from the date hereof; or (d) failure to Grantee to acquire
fee simple title to the Pfluger Tract (as defined in the Land Use
Agreement) within six (6) months from the date hereof. If none of the
events set forth in phrases (a) through (d) of this paragraph occurs,
upon the request of Grantee, Grantor shall execute and deliver to
Grantee a certificate to such effect.
This Dedication Deed is executed to correct the Dedication Deed
dated September 28th, 1989 and recorded in Volume 1853, Page 798 of
the Official Records of Williamson County, Texas, from Franklin
Capital Corporation, as Grantor, to the City of Round Rock, Texas, as
Grantee, in which the property was incorrectly described. In all other
respects the prior deed is confirmed.
This Dedication Deed is effective as of September 28, 1989.
2.
STATE OF TEXAS
COUNTY OF
STATE OF TEXAS
COUNTY OF
After Recording Return To:
Stephan L. Sheets & Associates, P.0
309 E. Main Street
Round Rock, Texas 78664
3.
FRANKLIN CAPITAL CORPORATION
a Texas corporation
By:
ACKNOWLEDGED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
By:
§
§
§
§
Mike Robinson, Mayor
its
This instrument was acknowledged before me on
19 , by , of
Franklin Capital Corporation, a Texas banking corporation, on behalf
of said corporation.
Notary Public, State of Texas
Printed name:
My commission expires:
This instrument was acknowledged before me on
19 , by Mike Robinson, Mayor of City of Round Rock, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed name:
My commission expires:
•
Grantee's Address
for Tax Notices:
221 East Main Street
Round Rock, Texas 78664
1
REVISED FIELD NOTES
FOREST CREEK GOLF CLUB
BEING 170.00 acres of land out of the E. W. Matthews Survey, Abstract No. 449, and
the John H. Randall Survey, Abstract No. 531, Williamson County, Texas, and being
a part of that certain 582.35 acre tract of land described in a deed to Ben
Franklin Corporation recorded in Volume 1020 at Page 812. Official Records of
Williamson County, and being more particularly described by metes and bounds as
follows, to wit:
TRACT 1
BEGINNING at the northeast corner of said 582.35 acre tract, said Beginning Point
also being the southeast corner of Oak Bluff Estates, Phase 2, a subdivision of
record filed in Cabinet F, Slide 253, Plat Records of Williamson County;
THENCE S 11° 59' 28" W a distance of 610.09 feet to an iron rod found;
THENCE S 48° 10' 52" W a distance of 766.87 feet to an iron rod found;
'MRCS S 09° 53' 59" W a distance of 425.73 feet to an iron rod found;
T1UB E S 89" 17' 00" E a distance of 490.00 feet to an iron rod set;
TIUBICE traversing the interior of said 582.35 acre tract, the following described
courses and distances to iron rods set:
(1) S 00° 00' 00" W a distance of 185.00 feet;
(2) S 73° 08' 37" E a distance of 491.70 feet;
(3) N 87° 47' 51" E a distance of 910.67 feet;
(4) S 71° 18' 25" E a distance of 702.03 feet;
(5) S 41° 49' 46" E a distance of 249.69 feet;
(6) S 12° 06' 57" W a distance of 428.54 feet;
(7) S 63° 30' 59" E a distance of 192.50 feet;
(8) S06° 19' 50" W a distance of 195.32 feet;
(9) S 67° 12' 02" iV a distance.of 209.34 feet;
(10) S 03° 27' 20" E a distance of 133.67 feet;
(11) S 70° 46' 37" W a distance of 337.32 feet;
(12) N 37° 21' 55" W a distance of 80.59 feet;
(13) N 73° 21' 35" W a distance of 861.06 feet;
(14) N 79° 41' 42" W a distance of 479.02 feet;
(15) N 85 13' 05" W a distance of 113.57 feet;
(16) N 73° 15' 50" W a distance of 97.58 feet;
(17) S 61° 31' 35" W s distance of 59.27 feet;
(18) S 14° 32' 49" W a distance of 629.23 feet;
(19) S35° 34' 39" We distance of 665.09 feet;
(20) N 83° 58' 40" W a distance of 213.16 feet;
EXHIBIT
oh
1
TRACT 1 (Continued)
(21) N 55° 02' 00" W a distance of 167.70 feet;
(22) N 03° 13' 30" E a distance of 592.02 feet;
(23) N 62° 54' 16" E a distance of 231.51 feet;
(24) N 00° 00' 00" E a distance of 215.00 feet;
(25) N 43° 36' 10" E a distance of 290.00 feet;
(26) N 08° 12' 44" W a distance of 115.12 feet;
(27) N 32° 48' 33" W a distance of 477.18 feet;
(28) N 01° 50' 47" W a distance of 532.27 feet;
(29) N 47° 40' 35" W a distance of 118.82 feet;
(30) N 09° 17' 54" W a distance of 310.19 feet;
(31) N 07° 12' 51" E a distance of 786.85 feet;
(32) N 50° 33' 43" W a distance of 146.28 feet;
(33) N 77° 28' 40" W a distance of 129.26 feet;
(34) S 54° 45' 43" W a distance of 574.87 feet;
(35) S 41° 49' 01" W a distance of 674.91 feet;
(36) S 03° 16' 37" E a distance of 73.15 feet to an iron rod set in the north line
of Golf Road;
(37) N 59° 49' 56" W a distance of 405.72 feet with the north line of said Golf
Road to an iron rod set;
(38) N 30° 10' 04" E a distance of 42.96 feet;
(39) N 07° 40' 14" W a distance of 299.68 feet;
(40) N 00° 39' 17" E a distance of 175.01 feet;
(41) N 32° 12' 39" E a distance of 118.19 feet;
(42) N 61° 45' 31" E a distance of 111.23 feet;
(43) N 79° 39' 30" E a distance of 231.84 feet;
(44) N 58° 08' 42" E a distance of 351.95 feet;
(45) N 24° 26' 38" E a distance of 226.91 feet to an iron rod set in the south
line of Golf Road;
TRACT 1 (Continued)
THENCE along and with the southerly line of Golf Road, the following described
four (4) courses and distances:
(1) S 88° 54' 23" E a distance of 236.04 feet to an iron rod found at the
beginning of a curve to the right;
(2) An arc distance of 138.62 feet with said curve to the right, said curve
having a central angle of 6° 59' 52 ", a radius of 1134.99 feet, tangents of 69.40
feet, and a chord bearing and distance of S 85° 24' 27" E 138.53 feet, to an iron
rod found at the point of tangency of said curve;
(3) S 81° 54' 31" E e distance of 84.27 feet to an iron rod found at the
beginning of a curve to the Left;
(4) An arc distance of 240.06 feet with said curve to the left, said curve having
a central angle of 59° 48' 05 ", a radius of 230.00 feet, tangents of 132.26 feet,
and a chord bearing and distance of N 68° 11' 27" E 229.31 feet, to an iron rod
found at the Intersection of the southerly line of said Golf Road and the north
line of said 582.35 acre tract;
THENCE along and with the north line of said 582.35 acre tract and the south line
of said Oak Bluff Estates, Phase 2, the following described three (3) courses and
distances:
(1) S 88° 53' 40" E a distance of 89.20 feet to an iron rod found;
(2) S 88° 47' 57" E a distance of 380.72 feet to an iron rod found, and;
(3) S 89 02' 29" E a distance of 501.86 feet to the Place of Beginning,
containing 130.1957 acres of land.
SAVE AND EXCEPT PARCEL 1, described as follows, to wit:
BEGINNING at an iron rod set in the interior of the above described Tract 1, from
which the northeast corner of said 582.35 acre tract described In Volume 1020,
Page 812, Official Records of Williamson County, (also being the northeast corner
of Tract 1), bears N 10° 12' 08" E a distance of 2008.84 feet;
THENCE traversing the interior of said 130.1957 acre tract, the following
described courses and distances to iron rods set;
(1) S 59° 10' 43" E a distance of 286.11 feet;
(2) S 82° 42' 15" E a distance of 256.26 feet;
(3) N 84° 11' 36" E a distance of 593.04 feet;
(4) N 65° 03' 22" E a distance of 237.12 feet;
(5) S 53° 33' 39" E a distance of 665.02 feet;
(6) S 10° 14' 05" E a distance of 365.82 feet;
(7) S 20° 33' 22" W a distance of 170.88 feet;
(8) S 59° 51' 31" W a distance of 115.00 feet;
(9) N 68° 55' 55" W a distance of 397.09 feet;
(10) N 50° 37' 50" W a distance of 252.24 feet;
PARCEL 1 (Continued)
(11) N 86° 18' 31" I7 a distance of 621.29 feet;
(12) N 70° 27' 48" W a distance of 164.47 feet;
(13) S 61° 08' 59" W a distance of 190.66 feet;
(14) N 58° 43' 30" 17 a distance of 153.10 feet;
(15) N 36° 08' 31" W a distance of 220.42 feet;
(16) N 25° 06' 53" W a distance of 168.12 feet, and;
(17) N 18° 35' 36" E a distance of 286.88 feet to the Place of Beginning,
containing 25.2753 acres of land.
AND ALSO TRACT 2, described as follows, to wit:
BEGINNING at an iron rod set in the southerly line of Golf Road, from which the
northeast corner of said 582.35 acre tract bears N 55° 29' 40" E a distance of
2490.84 feet;
THENCE traversing the interior of said 582.35 acre tract, the following described
courses and distances to iron rods set;
(1) S 03° 18' 42" E a distance of 172.03 feet;
(2) S 65° 02' 25" W a distance of 323.33 feet;
(3) S 10° 27' 36" W a distance of 400.32 feet;
(4) S 18° 21' 32" E a distance of 548.24 feet;
(5) S 00° 00' 00" E a distance of 161.86 feet;
(0) S 45° 35' 55" W a distance of 328.92 feet;
(7) S 62° 39' 48" W a distance of 132.83 feet;
(8) S 19° 44' 27" W a distance of 48.14 feet to an iron rod set in the northerly
line of Golf Road;
(9) N 70° 15' 53" W a distance of 148.91 feet with the north line of Golf Road to
an iron rod set;
(10) N 19 44' 10" E a distance of 96.36 feet;
(11) N 19° 13' 50" W a distance of 227.71 feet;
(12) N 48° 14' 23" IV a distance of 187.68 feet;
(13) N 90° 00' 00" W a distance of 260.00 feet;
(14) S 81° 47' 34" W a distance of 475.50 feet;
(15) S 64° 17' 29" IV a distance of 95.14 feet;
(16) S 48° 47' 24" I7 a distance of 85.12 feet;
(17) S 28° 48' 59" I7 a distance of 293.23 feet to an iron rod set in the north
line of Golf Road;
TRACT 2 (Continued)
(18) An arc distance of 210.00 feet with the north line of said Golf Road, said
north line being a curve to the left having a central angle of 23° 08' 19 ", a
radius of 520.00 feet, tangents of 106.45 feet, and a chord bearing and distance
of N 77° 58' 57" W 208.58 feet, to an iron rod set;
(19) N 08° 31' 04" W a distance of 103.05 feet;
(20) N 57° 08' 21" W a distance of 191.67 feet;
(21) N 61° 28' 37" W a distance of 471.77 feet;
(22) N 01° 09' 00" E a distance of 224.77 feet;
(23) N 30° 05' 17" E a distance of 269.28 feet;
(24) N 09° 10' 59" W a distance of 626.69 feet;
(25) N 18° 49' 17" W a distance of 132.25 feet;
(26) S 75° 00' 00" W a distance of 20.00 feet;
(27) N 27° 19' 05" W a distance of 115.46 feet;
(28) N 08° 41' 22" E a distance of 117.28 feet;
(29) N 73° 36' 11" E a distance of 200.60 feet;
(30) N 25° 15' 48" E a distance of 96.35 feet;
(31) N 52° 48' 39" E a distance of 177.48 feet;
(32) N 46° 31' 54" E a distance of 437.22 feet;
(33) N 52° 16' 52" E a distance of 494.26 feet;
(34) N 05° 41' 35" IV a distance of 286.74 feet;
(35) N 89 49' 52" E a distance of 228.02 feet;
(36) S 75° 38' 46" E a distance of 75.39 feet;
(37) S 61° 23' 10" E a distance of 75.22 feet;
(38) S 25° 08' 10" E a distance of 79.27 feet;
(39) S 07° 51' 10" W a distance of 81.81 feet;
(40) S 54° 17' 36" E a distance of 174.06 feet;
(41) 5 19° 39' 22" E a distance of 420.78 feet;
(42) S 54° 28' 33" E a distance of 475.71 feet;
(43) N 36° 09' 31" E a distance of 26.21 feet to an iron rod set in the south line
of Golf Road;
(44) An arc distance of 210.32 feet with the south line of said Golf Road, said
south line being a curve to the left having a central angle of 22° 16' 25 ", a
radius of 541.03 feet, tangents of 106.51 feet, and a chord bearing and distance
of S 48° 41' 44" E 209.00 feet, to an iron rod found at the point of tangency of
said curve;
(45) S 59° 49' 56" E a distance of 530.52 feet with the south line of said Golf
Road to the Place of Beginning, containing 118.4600 acres of land.
SAVE AND EXCEPT PARCEL 2, described as follows, to wit:
BEGINNING at an iron rod set in the interior of the above described Tract 2, from
which the northeast corner of said 582.35 acre tract described in Volume 1020,
Page 812, Official Records of Williamson County, bears N 63 22' 40" E a distance
of 2903.79 feet;
THENCE traversing the interior of said 118.4600 acre Tract 2, the following
described courses and distances to iron rods set;
(1) S 15° 56' 43" W a distance of 135.00 feet;
(2) 9 32° 29' 26" W a distance of 154.35 feet;
(3) S 10° 50' 05" W a distance of 425.59 feet;
(4) S 00° 47' 07" E a distance of 221.07 feet;
(5) S 68° 36' 00" W a distance of 1177.19 feet;
(6) N 71° 50' 18" W a distance of 120.23 feet;
(7) N49 32' 18" W a distance of 198.62 feet;
(8) N 22° 49' 00" W a distance of 90.58 feet;
(9) S 67° 11' 00" W a distance of 152.19 feet;
(10) N 28" 27' 36" W a distance of 48.46 feet;
(11) N 30° 21' 46" E a distance of 310.60 feet;
(12) N 21° 00' 23" W a distance of 772.36 feet;
(13) N 49 18' 38" E a distance of 676.38 feet;
(14) N 43 37' 01" E a distance of 556.66 feet;
(15) S 66° 18' 34" E a distance of 107.02 feet;
(16) S 17° 41' 23" E a distance of 396.44 feet;
(17) S 67 22' 48" E a distance of 825.00 feet to the Place of Beginning,
containing 53.3804 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPS, LSLS
2 -21 -91
EXHIBIT B
TO DEDICATION DEED
PERMITTED EXCEPTIONS
1. Taxes for the year 1989 and subsequent years,
assessments for prior years due to change in
ownership, not yet due or payable.
2. Land Use Agreement, dated effective as of
1989, between Grantor and Grantee; said Land
having been recorded immediately prior to the
this Dedication Deed.
3. Each and every lien, claim, encumbrance or other
record to the extent any of such affect the Land.
and subsequent
land usage or
September 28,
Use Agreement
recordation of
matter of
DATE: July 23, 1991
SUBJECT: City Council Meeting, July 25, 1991
ITEM: 12.D Consider a resolution authorizing the Mayor to
acknowledge and accept a correction deed for the
Golf Course property.
STAFF RESOURCE PERSON: Steve Sheets and Jim Nuse
STAFF RECOMMENDATION:
Items 12.D through 12.J are related. The golf course property was
conveyed to the City prior to the construction of the golf course.
Actual field conditions encountered during construction required minor
boundary changes to the golf course property description. The changes
in the boundaries have no effect on the total acres. Since several of
the golf course documents had copies of the field note descriptions
attached as exhibits, these documents must now be amended to reflect
the new property descriptions. Staff recommends approval.