R-99-03-11-14C1 - 3/11/1999TEXAS,
ATTEST:
WHEREAS, the City of Round Rock ( "City ") and RRE Investors,
L.P. ( "RRE ") purchased in common the property containing 88.411
acres commonly referred to as the Telander Tract, and
WHEREAS, the City and RRE wish to partition the Telander
Tract so that the City is the fee simple owner of a portion
containing 39.975 acres and RRE is the fee simple owner of the
remainder containing 48.436 acres, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Partition Deed with RRE Investors, L.P., a
copy of which is attached hereto and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this llth day of March ,/1999.
a4
ANNE LAND, City Secretary
R� \WPDOCS \ReSOLUTI \R90311C1. NPD /e1e
RESOLUTION NO. R- 99- 03- 11 -14C1
CHARLES CU L/PB P ER, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
C\ WPDOC S\ACV,'\ PRO ,. s ,
§
PARTITION DEED
DOC# 9919729
KNOW ALL MEN ALL THESE PRESENTS:
THAT WHEREAS, the CITY OF ROUND ROCK, a Texas home rule city
( "CITY ") and RRE INVESTORS, L.P., a Texas limited partnership, ( "RRE ")
have and hold in common that certain real estate (the "Property ")
hereinafter described, and are desirous of making partition of same;
AND WHEREAS, the Property is that one certain 88.411 acre tract of
land, situated in the P.A. Holder Survey, Abstract Number 297 in
Williamson County, Texas, being the tract of land conveyed to the CITY
and RRE by instrument recorded as Document No. 9905660 of the Official
Records of Williamson County, Texas, and being more particularly
described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein.
NOW THEREFORE, in consideration of the covenants herein contained
and the conveyance herein made and to effect such partition, it is hereby
COVENANTED, GRANTED, CONCLUDED, AND AGREED, by and between said parties
and each of them COVENANTS, GRANTS, CONCLUDES, AND AGREES, for itself and
its successors and assigns, that a partition of said Property be made as
follows, to -wit:
1. That the CITY shall from henceforth have, hold, possess, and
enjoy, in severalty, by itself and to it and its successors, and assigns,
for its part, share, and proportion of the said Property, free from any
and all claims of the other party hereto, all that certain real estate
lying and being situated in Williamson County, Texas, hereinafter
referred to as "Tract One" and being more particularly described in
Exhibit "B" attached hereto and made a part hereof for all purposes.
And the other party hereto, RRE has GRANTED, RELEASED, CONFIRMED,
AND CONVEYED, and by these presents DOES HEREBY GRANT, RELEASE, CONFIRM,
AND CONVEY unto the said CITY, the Tract One described above.
This conveyance is made and accepted subject to any and all
restrictions, easements, encumbrances, and conditions filed for record
in the Official Records of Real Property of Williamson County, Texas, if
any, affecting Tract One to the extent (but no further) that the same are
valid and subsisting and actually affect title to Tract One.
TO HAVE AND TO HOLD the above - described Tract One and premises,
together with all and singular the rights and appurtenances thereto in
anywise belonging unto the CITY, CITY's successors and /or assigns
forever; and RRE does hereby bind RRE, RRE's successors and /or assigns,
to WARRANT AND FOREVER DEFEND all and singular the said Tract One and
premises unto the said CITY, CITY's successors and /or assigns, against
every person whomsoever lawfully claim or to claim the same or any part
thereof by, through, or under RRE, but not otherwise.
2. That RRE shall from henceforth have hold, possess, and enjoy,
in severalty, by itself and to it and its successors, and assigns, for
its part, share, and proportion of the said Property, free from any and
all claims of the other party hereto, all that certain real estate lying
and being situated in Williamson County, Texas, hereinafter referred to
as "Tract Two" and being more particularly described as follows:
An 88.411 acre tract of land, situated in the P.A.
Holder Survey, Abstract Number 297 in Williamson
County, Texas, being all of Tracts Two, Three and
Four conveyed to Arnold Telander by instrument
recorded in Volume 2129, Page 744 of the Official
Records of Williamson County, Texas and being more
2.
ADDRESS:
particularly described by metes and bounds in
Exhibit "A,"
221 East Main Street
Round Rock, Texas 78664
SAVE AND EXCEPT
39.975 acres being a portion of the aforesaid
88.411 acre tract of land, situated in the P.A.
Holder Survey, Abstract Number 297 in Williamson
County, Texas, being more particularly described by
metes and bounds in Exhibit "B."
And the other party hereto, CITY, HAS GRANTED, RELEASED, CONFIRMED,
AND CONVEYED, and be these presents DOES HEREBY GRANT, RELEASE, CONFIRM,
AND CONVEY unto the said RRE, the Tract Two described above.
This conveyance is made and accepted subject to any and all
restrictions, easements, encumbrances, and conditions filed for record
in the Official Records of Real Property of Williamson County, Texas, if
any, affecting Tract Two to the extent (but no further) that the same are
valid and subsisting and actually affect title to Tract Two.
TO HAVE AND TO HOLD the above - described Tract Two and premises,
together with all and singular the rights and appurtenances thereto in
anywise belonging unto the said RRE, RRE's successors and /or assigns
forever; and CITY does hereby bind CITY, CITY's successors and /or
assigns, to WARRANT AND FOREVER DEFEND all and singular the said Tract
Two and premises unto the said RRE, RRE's successors and /or assigns,
against every person whomsoever lawfully claim or to claim the same or
any part thereof by, through, or under CITY, but not otherwise.
IN WITNESS WHEREOF, we have hereunto set our hands this
of March, 1999.
3.
CITY OF ROUND ROCK
By:
day
Charles Culpeper, Mayor
ADDRESS:
P.O. Box 5309
Round Rock, Texas 78683
STATE OF TEXAS
COUNTY OF WILLIAMSON
STATE OF TEXAS
CHRISTINE R. MARTINET
MY COMMISSION EXPIRES
August 5, 2001
COUNTY OF WILLIAMSON
NANCY W. ROLFSEN
,1 Notrbry public, State of Texas
I My Commission Expires
alt MARCH 25, 2000
C:\ WPD OCS\ ACITY\ PROJ39 \RDALCCNT \PRNDEEDF.WPD /s1s
ACKNOWLEDGMENT
ACKNOWLEDGMENT
4.
RRE INVESTORS, L.P.
By: RRE Holdings, Inc., General
By:
§
§
This instrument was acknowledged before me on this O 5 da of
March, 1999, by CHARLES CULPEPPER, Mayor, City of Round Rock, Texas, a
Texas home rule municipality, on behalf of said municipality.
NOTARY PUBLIC, STATE OF TEXAS
§
§
§
Reid Ryai/, its President
This instrument was acknowledged before me on this day of
March, 1999, by REID RYAN, President of RRE Holdings, Inc., the General
Partner of RRE Investors, L.P.
‘AtaZ
NOTARY P t IC, STAT OF TEXAS
PREPARED IN THE OFFICE OF: Brown McCarroll Sheets & Crossfield, L.L.P.
309 E. Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO: Brown McCarroll Sheets & Crossfield, L.L.P.
309 E. Main
Round Rock, Texas 78664
DESCRIPTION
FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE
P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN
WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS
TWO, THREE AND FOUR CONVEYED TO ARNOLD
TELANDER (TELANDER TRACTS) BY INSTRUMENT
RECORDED IN VOLUME 2129, PAGE 744 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
( O.R.W.C.T.) AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at capped %" iron rod set in the northerly right -of -way line of U.S. Highway
Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in
Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson
County, Texas (W.C.D.R.), being the southeast comer of a called 9.691 acre tract
conveyed to the City of Round Rock Texas described as Tract III, of Exhibit "B"
recorded in Volume 1760, Page 451 O,.RW.C.T. same being the southwest comer of
said Telander tracts for the southwest comer hereof, an from said point a 5/8" iron rod
found at the southerly most southwest corner of a called 101.110 acre tract conveyed to
The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit
"C' recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 ° 37'48' W, a distance of
1098.43 feet with the northerly right - of-way line of said Highway 79;
Thence, leaving the northerly right-of-way line of said Highway 79 with the east
boundary line of said 9.691 acre tract being the westerly boundary Ilne of said Telander
tracts for the westerly boundary line hereof the following four (4) courses:
1. N 01 °31'47 W, a distance of 793.92 feet to a W iron rod found for a angle
point,
2. N 88 ° 43'56' E, a distance of 16.49 feet to a W iron rod found for an angle
point,
3. N 02 ° 09'05' W, a distance of 965.75 feet to a capped W in rod set in the
base of a 44' Live Oak Tree for an angle point,
4. N 05 ° 55'46" E, at a distance of 115.35 feet, pass a capped W iron rod set for
reference and continuing for a total distance of 215.35 feet to a point in the
center of Chandler Creek being the southerly boundary line of a called 71.11
acre tract conveyed to The City of Round Rock, Texas by instrument
recorded in Volume 1760, Page 475 O.RW.C.T. same being the northeast
comer of said 9.691 acre tract and the northwest comer of said Telander
tracts for the northwest corner hereof;
Thence, with the centerline of said Chandler Creek being the southerly boundary line of
said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round
Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described
as Tract I, Exhibit 'B" same being the northerly boundary line of said Telander tract for
the northerly boundary line hereof the following fifteen (15) courses:
1. N 87 °34'46° E, a distance of 241.90 feet to a point,
2. S 61 ° 3514" E, a distance of 439.40 feet to a point,
3. S 88 ° 39'15" E, a distance of 137.38 feet to a point,
Page 1 of2
aI lac
EXHIBIT
A
4. S 55 ° 29'52" E, a distance of 249.37 feet to a point,
5. N 76°41'1r E, a distance of 285.33 feet to a point,
6. N 67 ° 51'17' E, a distance of 274.40 feet to a point,
7. N 34 °05'17° E, a distance of 180.91 feet to a point,
8. N 08°57'1 T E, a distance of 215.99 feet to a point,
9. N 41°42'1 7 E, a distance of 500.14 fee( to a point,
10. N 18°53'1T E. a distance of 249.19 feet to a point,
11.N 25 °07'43° W, a distance of 100.00 feet to a point,
12.N 50 ° 52'11' E, a distance of 206.39 feet to a point,
13.N 78 ° 41'34' E, a distance of 179.65 feet to a point,
14.N 56 ° 20'34' E, a distance of 75.88 feet to a point,
15.N 87 E, a distance of 72.80 feet to a point in the west boundary line of
the Joseph Marshall Survey, Abstract Number 409 same being the most
southwesterly boundary line of a called 151.00 acre tract conveyed to William
H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the
southeasterly comer of said 316.85 acre tract being the northeast comer of
said Telander tracts for the northeast comer hereof;
Thence, leaving said Chandler Creek and with the west boundary line of said Marshall
Survey same being the west boundary line of said Bright tract and being the east
boundary line of said Telander tracts S 03 ° 28'2T E, at a distance of 100.00 feet, pass a
capped W iron rod set for reference and continuing for a total distance of 1801.43 feet
to a W iron rod found in the northerly right -of -way line of said Highway 79 being the
southwest comer of said Bright tract same being the southeast comer of said Telander
tracts and for the southeast comer hereof;
Thence, with the northerly right-of-way line of said Highway 79 same being the
southerly boundary line of said Telander tracts for the southerly boundary line hereof S
63 ° 37'48' W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing
88.411 acres of land.
The bearing basis for the above desciibed tract is based on the Texas State Plane
Coordinate System, Central Zone, NAD -83.
Surveyed er the dire�pervisto of a undersigned:
/mil
M. Stephen ruesdale
Registered Professional Land Surveyor Number 4933
Baker- Aicklen & Assoc., Inc.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Page 2 of2
M:I
Elate
Exhibit Page 1
DESCRIPTION
FOR 39.975 ACRES BEING A PORTION OF AN 88.811 ACRE
TRACT OF LAND, SITUATED IN THE P. A. HOLDER
SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON
COUNTY, TEXAS CONVEYED TO THE CITY OF ROUND
ROCK BY INSTRUMENT RECORDED AS DOCUMENT NO.
9905660 OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.R.W.C.T.) AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING for reference at capped %" iron rod set in the northerly right -of -way line of U.S.
Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in
Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County,
Texas (W.C.D.R.), being the southeast comer of a called 9.691 acre tract conveyed to the City
of Round Rock, Texas described as Tract III, of Exhibit `B" recorded in Volume 1760, Page
451 O.R.W.C.T. same being the southwest corner of said Telander tracts for the southwest
comer hereof, and from said point a 5/8" iron rod found at the southerly most southwest comer
of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County,
Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears
S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said
Highway 79; thence, leaving the northerly right -of -way line of said Highway 79 with the east
boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts,
N 01 °31'47" W, a distance of 93.67 -feet to a capped iron rod set for the southwest comer of
said 39.975 acre and POINT OF BEGINNING hereof;
Thence, with the east boundary line of said 9.691 acre tract being the westerly boundary line of
said 88.811 acre tract being the westerly boundary said 39.975 acre hereof the following four
(4) courses;
1. N 01°31'47" W, a distance of 700.26 feet to a' 'A" iron rod found for an angle point,
2. N 88 °43'56" E, a distance of 16.49 feet to a /" iron rod found for an angle point,
3. N 02 °09'05" W, a distance of 965.75 feet to a capped '''A" iron rod set in the base of a
44" Live Oak tree for an angle point,
4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped ' /i" iron rod set for
reference and continuing for a total distance of 215.35 feet to a point in the center of
Chandler Creek being the southerly boundary line of a called 71.11 acre tract
conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760,
Page 475 O.R.W.C.T. same being the northeast comer of said 9.691 acre tract and the
northwest comer of said 88.811 acre tract for the northwest corner hereof;
Thence, with the centerline of said Chandler Creek being the southerly boundary line of said
71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by
instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B"
being the northerly boundary line of said 88.811 acre tract being the northerly boundary line of
said 39.975 acres hereof the following four (4) courses;
1. N 87 °34'46" E, a distance of 241.90 feet to a point,
2. S 61°35'14" E, a distance of 439.40 feet to a point,
3. S 88 °39' 15" E, a distance of 137.38 feet to a point,
4. S 55 °29'52" E, a distance of 155.31 feet to a point being the most northeasterly
comer hereof;
EXHIBIT
Thence, departing the centerline of said Chandler Creek, and through said 88.811 acre tract the
following five (5) courses;
1. S 02 013'00" W, a distance of 213.86 feet to a capped iron rod set,
2. 5 8747'00" E, a distance of 150.77 feet to a capped iron rod set,
3. N 83 °25'47" E, a distance of 253.62 feet to a capped iron rod set,
4. S 02 °22'10 "E, a distance of 753.86 feet to a capped iron rod set being the
southeasterly comer hereof,
5. S 63 °37'48 "W, for a distance of 1454.08 feet to the POINT OF BEGINNING
containing 39.975 acres of land.
The bearing basis for the above described tract is based on the Texas State Plane Coordinate
System, Central Zone, NAD -83.
Surveyed un r the direct su sion of the undersigned:
Exhibit Page 2
/lFiVl� CJ
M. Stephen Truesdale Date
Registered Professional Land Surveyor Number 4933
Baker - Aicklen & Associates, Inc.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Doc& 9919729
11 Pages: 8
Date 03 -29 -1999
Time : 02:52:14 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 23.00
DATE: March 5, 1999
SUBJECT: City Council Meeting — March 11, 1999
ITEM:
14.C.1. Consider a resolution concerning a partition deed with RRE
Investors for the Telander Tract. This deed divides the Telander Tract
between the City of Round Rock and RRE Investors. The City will
have a title to approximately 40 acres out of the original 88.411 acre
tract. Staff Resource Person: Steve Sheets, City Attorney.
1
Exhibit Page 1
DESCRIPTION
FOR 39.975 ACRES BEING A PORTION OF AN 88.811 ACRE
TRACT OF LAND, SITUATED IN THE P. A. HOLDER
SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON
COUNTY, TEXAS CONVEYED TO THE CITY OF ROUND
ROCK BY INSTRUMENT RECORDED AS DOCUMENT NO.
9905660 OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING for reference at capped 1/2" iron rod set in the northerly right -of -way line of U.S.
Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in
Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County,
Texas (W.C.D.R.), being the southeast comer of a called 9.691 acre tract conveyed to the City
of Round Rock, Texas described as Tract III, of Exhibit `B" recorded in Volume 1760, Page
451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest
comer hereof, and from said point a 5/8" iron rod found at the southerly most southwest corner
of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County,
Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears
S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said
Highway 79; thence, leaving the northerly right -of -way line of said Highway 79 with the east
boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts,
N 01 °31'47" W, a distance of 93.67 -feet to a capped iron rod set for the southwest corner of
said 39.975 acre and POINT OF BEGINNING hereof;
Thence, with the east boundary line of said 9.691 acre tract being the westerly boundary line of
said 88.811 acre tract being the westerly boundary said 39.975 acre hereof the following four
(4) courses;
1. N 01 °31'47" W, a distance of 700.26 feet to a'' /z" iron rod found for an angle point,
2. N 88 °43'56" E, a distance of 16.49 feet to a'' /2" iron rod found for an angle point,
3. N 02 °09'05" W, a distance of 965.75 feet to a capped 'h" iron rod set in the base of a
44" Live Oak tree for an angle point,
4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped '/z" iron rod set for
reference and continuing for a total distance of 215.35 feet to a point in the center of
Chandler Creek being the southerly boundary line of a called 71.11 acre tract
conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760,
Page 475 O.R.W.C.T. same being the northeast comer of said 9.691 acre tract and the
northwest corner of said 88.811 acre tract for the northwest corner hereof;
Thence, with the centerline of said Chandler Creek being the southerly boundary line of said
71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by
instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit `B"
being the northerly boundary line of said 88.811 acre tract being the northerly boundary line of
said 39.975 acres hereof the following four (4) courses;
1. N 87 °34'46" E, a distance of 241.90 feet to a point,
2. S 61°35'14" E, a distance of 439.40 feet to a point,
3. S 88°39'15" E, a distance of 137.38 feet to a point,
4. S 55 °29'52" E, a distance of 155.31 feet to a point being the most northeasterly
comer hereof;
EXHIBIT
L 8
Surveyed un ;•r the direct su, sion of the undersigned:
Exhibit Page 2
Thence, departing the centerline of said Chandler Creek, and through said 88.811 acre tract the
following five (5) courses;
1. S 02 °13'00" W, a distance of 213.86 feet to a capped iron rod set,
2. S 87 °47'00" E, a distance of 150.77 feet to a capped iron rod set,
3. N 83 °25'47" E, a distance of 253.62 feet to a capped iron rod set,
4. S 02 °22'10 "E, a distance of 753.86 feet to a capped iron rod set being the
southeasterly comer hereof,
5. S 63 °37'48 "W, for a distance of 1454.08 feet to the POINT OF BEGINNING
containing 39.975 acres of land.
The bearing basis for the above described tract is based on the Texas State Plane Coordinate
System, Central Zone, NAD -83.
M. Stephen Truesdale
Registered Professional Land Surveyor Number 4933
Baker - Aicklen & Associates, Inc.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
, 601- 546\ba1139ACdoc
Date
h . - F. :Jc
Dock 9919729
k Pages: 8
Date : 03 -29 -1999
Time : 02:52:14 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 23.00