R-91-1633 - 7/25/1991WHEREAS, field conditions encountered during the construction of
the golf course required minor modifications to the field note
description of the golf course, and
WHEREAS, the field note description was attached as an exhibit to
the Golf Course Construction And Lease /Purchase Agreement; and
WHEREAS, the Council wishes to amend said Golf Course
Construction And Lease /Purchase Agreement to reflect the correct
property description, 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 the First Amendment To Golf Course Construction And
Lease /Purchase Agreement, a copy of which is attached hereto as
Exhibit "A ".
RESOLVED this 25th day of July, 1991.
ATTEST:
RS07251H
RESOLUTION NO. 11°332
MIKE ROBINSON, Mayor
City of Round Rock, Texas
GCFAGCCLPA
FIRST AMENDMENT TO GOLF COURSE CONSTRUCTION AND
LEASE /PURCHASE AGREEMENT
This First Amendment to Golf Course Construction And
Lease /Purchase Agreement ( "Amendment ") is entered into effective as of
, 1991, by and between the City of Round Rock,
Texas, a home rule municipal corporation ( "City "), and Round Rock
Golf, Inc. ( "Round Rock Golf "), a Texas corporation.
Whereas, that certain Golf Course Construction And Lease /Purchase
Agreement was executed by City and Round Rock Golf as of December 1,
1989; and
Whereas, City and Round Rock Golf desire to amend the Golf Course
Construction and Lease /Purchase Agreement as provided below; Now
Therefore
For and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, City and Round Rock Golf do hereby modify
the Golf Course Construction And Lease /Purchase Agreement as follows:
1. Exhibit A. Exhibit A describing by metes and bounds
approximately 185.25 acres of land is deleted in its
entirety and Exhibit A attached hereto is substituted
therefor.
To the extent necessary to effect the terms and provisions of
this Amendment, the Golf Course Construction and Lease /Purchase
Agreement is hereby amended. In all other respects, the Golf Course
Construction And Lease /Purchase Agreement is hereby ratified and
confirmed.
CITY OF ROUND ROCK, TEXAS
By:
f
EXHIBIT
1
Mike Robinson, Mayor
STATE OF TEXAS
COUNTY OF
STATE OF TEXAS
COUNTY OF
2.
ROUND ROCK GOLF, INC.
By:
§
§
Mike Robinson, its President
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:
§
This instrument was wacknowledged before me on
19 , by Mike Robinson, President of Round Rock Golf, Inc., a Texas
corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed Name:
My commission expires:
FIELD NOTES
FOREST CREEK GOLF CLUB
BEING 185.25 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, being
all of that certain 15.25 acre tract of land described in a deed to the City of
Round Rock recorded in Volume 1853 at Page 855, Official Records, Williamson
County, and 170.00 acres out of that certain 582.35 acre tract of land described
in a deed to the 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 most northerly 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 iilliamson
County;
THENCE S 11° 59' 28" W a distance of 241.09 feet with the east line of said
582.35 acre tract to an iron rod set at the most northerly corner of said 15.25
acre tract;
THENCE S 44° 23' 26" E a distance of 362.62 feet to an iron rod set at the
northeast corner of said 15.25 acre tract;
THENCE S 12° 43' 00" W a distance of 1068.00 feet to an iron rod at the southeast
corner of said 15.25 acre tract In the north line of said 582.35 acre tract;
THENCE N 89° 17' 00" IV a distance of 250.00 feet with the north line of said
582.35 acre tract and the south line of said 15.25 acre tract to an iron rod,
from which an iron rod at the southwest corner of said 15.25 acre tract bears
N 89° 17' 1V a distance of 490.00 feet;
THENCE 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) N87° 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) S63° 30' 59" E a distance of 192.50 feet;
(8) S 06° 19' 50" IV a distance of 195.32 feet;
(9) S 67° 12' 02" W a distance of 209.34 feet;
(10) S 03° 27' 20" E a distance of 133.67 feet;
(11) S 70° 46' 37" 1V 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 a distance of 59.27 feet;
(18) S 14° 32' 49" W a distance of 629.23 feet;
(19) 5 35° 34' 39" W a distance of 665.09 feet;
(20) N 83° 58' 40" IV a distance of 213.16 feet;
EXHIBIT
TRACT 1 (Continued)
(21) N 55° 02' OD" 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" 17 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 Coif 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° 28' 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 a distance of 84.27 feet to an iron rod found at the
beginning of a curve to the left;
(4) An are 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,
145.4457 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 diatanee 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" 17 a distance of 252.24 feet;
PARCEL 1 (Continued)
(11) N 86° 18' 31" W 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 56° 43' 30" W 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° 16' 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" 17 a distance of 900.32 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;
(6) S 45° 35' 55" 1V a distance of 328.92 feet;
(7) S 62° 39' 48" 1V 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 146.91 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" 1V 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" W a distance of 95.14 feet;
(16) S 46° 47' 24" W a distance of 85.12 feet;
(17) S 28° 48' 59" 1V a distance of 299.23 feet to an iron rod set In the north
line of Golf Road;
TRACT 2 (Continued)
(18) An are 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) 14 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) 14 73° 36' 11" Ea 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" W 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 174.08 feet;
(41) S 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) S 32° 29' 28" W a distance of 154.35 feet;
(3) S 10° 50' 05" 17 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) N 49° 32' 18" W a distance of 198.82 feet;
(8) N 22° 49' 00" W a distance of 90.58 feet;
(9) S 67° 11' 00" IV a distance of 152.19 feet;
(10) N 28° 27' 38" 17 a distance of 40.46 feet;
(11) N 30° 21' 46" E a distance of 310.60 feet;
(12) N 21° 00' 23" IV 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.
C0ALTf7t_& ASSOCIATES, SURVEYORS
a7 -
Stan Coalter, RPS, LSLS
7 -21 -91
DATE: July 23, 1991
SUBJECT: City Council Meeting, July 25, 1991
ITEM: 12.H Consider a resolution authorizing the Mayor to
execute the First Amendment to Golf Course
Construction and Lease /Purchase Agreement for the
Golf Course.
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.