R-99-11-23-13B1 - 11/23/1999E OCKWOOD
NGINEERS, INC.
CIVIL ENGINEERING & PLANNING
August 25, 1999
Mr. Joe L. Vining, AICP
Director, Planning Department
City of Round Rock
221 East Main
Round Rock, Texas 78664
Re: Wood Glen LE # 98 -681
Plantation Drive Street Deed
Dear Mr: Vining:
Three originals of an escrow agreement between the City of Round Rock, 3406,
Ltd., and Austin Title Company are attached. The escrow agreement satisfies
the requirement of the approval of a six month extension of the Wood Glen,
Section 4, Phase I final plat (application no. 98 -3499) on June 16, 1999 that a
deed for the right -of -way extension of Plantation Drive be placed in escrow for a
period not to exceed 24 months (see attached June 28, 1999 City of Round Rock
letter).
Please review and execute all three originals and notify my office. We will then
have the agreement executed by Austin Title and return an original to the City. A
copy of the street deed has been attached. The original deed will be held by
Austin Title.
Please call if you have any questions.
Sin
-- /4 (
r—LuC WOOD`ENGINEERS, INC.
Fred C. Lockwood, P.E.
cc: 3406, Ltd.
1501 -A W. ANDERSON LN., SUITE 102 • AUSTIN, TEXAS 78757
(512) 451 -7092
FAX (512) 377 -5402
' `11 p � CITY OF ROUND ROCK
ter:
)(.4
VA 221 East Main Street
' �ts1 Round Rock, Texas 78664
512- 218 -5400
.uie�t
Mayor
Robert A. Stluka, Jr
Mayor Pro -tem
Martha k Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Painter
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
June 28, 1999
Don Fletcher, Project Manager
Lockwood Engineers, Inc.
1501 -A W. Anderson Ln., Ste 102
Austin, TX 78757
re: Wood Glen Sec. 4 Phase 1, Application No. 98 -3499
Dear Mr. Fletcher:
The purpose of this letter is to confirm the action taken by the City of Round
Rock Planning and Zoning Commission Wednesday June 16, 1999.
Specifically, the six month extension of Wood Glen Sec. 4 Phase 1 final plat
was approved subject to the following requirement: A deed for the right of zvay
extension of Plantation Drive shall be held in escrow for a period not to exceed
twenty-four months.
This approval expires on December 2, 1999. When you are ready to begin the
recordation process, contact our office for the required fees. The attached
chart provides additional instructions. Do not hesitate to contact this office if
you have any questions.
Sincere
' � T
Paul Gamb enior Planner
Planning and Community Development
City of Round Rock, Texas
cc:
mmr
Al Kosik, Chairman, P & Z Commission
Carrie R. Pitt, Secretary, P & Z Commission
Joseph L. Vining, AICP, Director, Planning and Community Development
Fax: 512. 218 -7097
1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice
www.ci.round-rock.tx.us
RESOLUTION NO. R- 99- 11- 23 -13B1
WHEREAS, the City of Round Rock wishes to obtain certain right-
of-way for the extension of Plantation Drive, and
WHEREAS, the City desires to enter into an Escrow Agreement with
3406, Ltd., the owner of the property, and Austin Title Company, to
guarantee that said right -of -way will be deeded to the City of Round
Rock on or before July 1, 2001, 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 an Escrow Agreement with 3406, Ltd., the owner of
the property, and Austin Title Company, to guarantee that said right-
of-way will be deeded to the City of Round Rock on or before July 1,
2001, a copy of said agreement being 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 23rd day of ember, 1, 9
r
4/ i L d
R• RT A. STLU • JR., Mayor
ST: City of Round Rock, Texas
E LAND, City Secretary
K: \WPOOCS \RESOLUTI \119112301. WPO /scg
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ESCROW AGREEMENT
RECITALS:
This Escrow Agreement (this "Agreement ") is made by and between City of Round Rock,
a Texas municipal corporation ( "City "), 3406, Ltd., a Texas limited partnership ( "3406, Ltd. ") and
Austin Title Company, a Texas corporation ( "Escrow Agent ").
A. 3406, Ltd. has agreed to execute a deed to the City conveying certain real property
for use as a public street, road or right -of -way.
B. 3406, Ltd. has executed and delivered to Escrow Agent a Deed (the "Deed ") granting
to the City the real property described on Exhibit "A" (the "Property "). The Deed shall be held by
Escrow Agent and if certain conditions set forth below are satisfied, released to the appropriate party.
NOW, THEREFORE, the parties hereto, City, 3406, Ltd. and Escrow Agent, agree as
follows:
(a) Escrow Agent shall act as escrow agent hereunder. Concurrently with the
execution of this Agreement, 3406, Ltd. has delivered to Escrow Agent the Deed. Escrow Agent
agrees to hold and deliver the Deed in strict accordance with the provisions of this Agreement.
Escrow Agent shall not receive a fee for the performance of Escrow Agent's duties under this
Agreement.
(b) The parties acknowledge that Escrow Agent is a depository only and is not
responsible or liable in any manner for the sufficiency, correctness, genuineness or validity of the
Deed deposited with it hereunder or the identity, authority, or rights of any person executing or
depositing same.
(c) In the event of any conflicting demands made upon Escrow Agent, it may
withhold performance under instructions contained in this Agreement until said conflicting demands
are withdrawn or until the rights of the respective parties shall have been settled by a court of
competent jurisdiction.
2. Indemnity and Hold Harmless. As additional consideration for the performance
by Escrow Agent of its duties hereunder, the City and 3406, Ltd. hereby agree to indemnify, defend
and hold and save Escrow Agent whole and harmless of, from and against all attomey's fees, fines,
suits, claims, demands, disputes, losses, costs, liabilities, actions, judgments and expenses of every
kind and character that may be suffered by, recovered from or asserted against Escrow Agent in
connection with the performance by Escrow Agent of its duties hereunder and/or in connection with
the enforcement of the terms of this Agreement by Escrow Agent. Escrow Agent shall be under no
duty or obligation to give any notice, or to do or to omit the doing of any action or anything with
AUS1:338769,1
17493.89996
1. Duties of Escrow Agent.
respect to the Deed, except to receive, hold and deliver it in accordance with the terms of this
Agreement. Escrow Agent shall not be liable for any error in judgment, any act or omission, any
mistake of law or fact, or for anything it may do or refrain from doing in connection herewith, except
for its own willful misconduct or gross negligence.
3. Disposition of Deed.
(a) In the event a subdivision plat dedicating the Property as a public right -of-
way has not been (i) approved by the City and (ii) recorded in the Real Property Records of
Williamson County, Texas, on or before July �, 2001, the City may notify 3406, Ltd. and Escrow
Agent that the City requires Escrow Agent to release the Deed to the City, in which event Escrow
Agent shall release the Deed to the City within five (5) business days after delivery by the City of
such notice.
(b) In the event a subdivision plat dedicating the Property as a public right -of-
way is (i) approved by the City and (ii) recorded in the Real Property Records of Williamson
County, Texas, on or before July I , 2001, 3406, Ltd. may notify Escrow Agent and City that 3406,
Ltd. requires Escrow Agent to return the Deed to 3406, Ltd., in which event Escrow Agent shall
return the Deed to 3406, Ltd. within five (5) business days after delivery by 3406, Ltd. of such
notice.
(c) Upon either the City's or 3406, Ltd.'s delivery of the notice to Escrow Agent
as described in subparagraphs (a) or (b) above, this Agreement shall terminate and neither the City
nor 3406, Ltd. shall have any further obligations under this Agreement.
4. No Construction Obligation of 3406, Ltd. 3406, Ltd. shall in no way be obligated
to install, maintain, repair or construct a street, road or other right -of -way on the Property or to pay
for same.
5. Removal of Escrow Agent. The City and 3406, Ltd. may remove Escrow Agent,
with or without cause, and appoint a substitute escrow agent or otherwise designate the disposition .
of the Deed without other formality than giving joint written notice to Escrow Agent at Escrow
Agent's address set forth below, in which event Escrow Agent shall deliver the Deed held by Escrow
Agent hereunder in accordance with the joint written and signed instructions of the City and 3406,
Ltd. and shall thereupon be deemed to be removed as of the date designated in such notice, or if no
date is designated, as of the date such delivery is made.
6. Notice. In the event any party hereunder desires or is required to give any notice to
any other party such notice shall be deemed delivered when the notifying party deposits same in the
United States mail, certified mail, return receipt requested, postage prepaid, addressed to the person
or entity at the address set forth below such party's signature hereto.
7. Miscellaneous Provisions.
(a) No Oral Modification. This Agreement may not be modified, amended or
altered except by an agreement in writing signed by the City, 3406, Ltd. and Escrow Agent.
AUSI:338769.1
17493.89996
2
(b) Governing Law. This Agreement has been prepared, is being executed and
delivered, and is intended to be performed in the State of Texas, and the substantive laws of such
state shall govern the validity, construction, enforcement and interpretation of this Agreement.
Venue of any case or controversy arising under or pursuant to this Agreement shall lie in Travis
County, Texas.
(c) Severability. If any covenant, provision, or agreement of this Agreement
shall be held illegal, invalid, or unenforceable under present or future laws effective during the term
of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder
of this Agreement shall not be affected thereby, and that this Agreement shall otherwise continue
in full force and effect. It is the further intention of the parties that in lieu of each covenant,
provision, or agreement of this instrument that is held illegal, invalid, or unenforceable, there be
added as a part hereof a clause or provision as similar in terms to such illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and enforceable.
(d) Entirety. This Agreement embodies the entire agreement between the
parties, and supersedes all prior agreements and understandings, if any, relating to the subject matter
hereof.
(e) Binding Effect and Assignment. The terms of this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors, assigns
and legal representatives; provided, however, that none of the parties hereto may, without the prior
written consent of the others, assign any rights, powers, duties, or obligations hereunder.
(f) Headings. Section headings are for convenience of reference only and shall
in no way affect the interpretation of this Agreement.
(g) Counterparts. This Agreement may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and any of the
parties hereto may execute this Agreement by signing any such counterpart.
1 240
EXECUTED on the dates set forth below to be effective the day of NO V , 1999.
Date: ' J-a23- `1(l
AUS1:338769.1
17493.89996
CITY OF ROUND ROCK, a Texas municipal
corporation
Name: 0= a,- 4. 67 i
Title: MAYO/21
Address: gU. AM 67266T
ouAJQ Tlc
3
Date: 8(0�q By:
Date:
AUSI038769.1
17493.89996
3406, LTD., a Texas limited partnership
By: DH Real Estate Investment Company,
a Texas corporation, its General Partner
David A. Hill, President
T
Address: P. D. ox "IO2
h 4 F ly w , - Tit s9oa q�oa
AUSTIN TITLE COMPANY, a Texas
corporation
By:
Name:
Title:
Address:
4
METES AND BOUNDS DESCRIPTION
EXHIBIT "A"
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE
DAVID CURRY SURVEY, ABSTRACT NO. 130 SITUATED IN WILLIAMSON COUNTY,
TEXAS, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS BEING A PORTION OF THAT CERTAIN 157.836 ACRE TRACT OF LAND DESCRIBED
IN A DEED TO 3406, LTD. OF RECORD IN VOLUME 2607 PAGE 505 OF THE WILLIAMSON
COUNTY, TEXAS DEED RECORDS, SAID TRACT OR PARCEL OF LAND BEING 0.329 OF
AN ACRE OF LAND FOR RIGHT -OF -WAY PURPOSES MORE FULLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the most easterly northeast comer of WOOD GLEN SECTION
4, PHASE I, a subdivision plat of record in document of the Williamson County, Texas
Plat Records, being the most easterly comer of Plantation Drive, a sixty (60) foot wide dedicated
public right -of -way as dedicated by said WOOD GLEN SECTION 4, PHASE I for the most
southerly corner of the herein described tract;
THENCE with the northeasterly line of said WOOD GLEN SECTION 4, PHASE I, being the
northeasterly line of said Plantation Drive for the southwesterly line of the herein described tract
N43 °35'20 "W 60.00 feet to an iron rod found at the most easterly corner of Lot 1, Block "D" of said
WOOD GLEN SECTION 4, PHASE I, being the most northerly corner of said Plantation Drive for
the most easterly corner of the herein described tract;
THENCE for the northwesterly line of the herein described tract N46 °24'40 "E 219.26 feet to an iron
rod set in the southerly line of that certain tract of land described in a deed to Arline Rasmussen of
record in volume 1462 page 240 and volume 2338 page 226 of the Williamson County, Texas Deed
Records, being the northerly line of said 3406 Ltd. 157.836 acre tract for the most northerly corner
of the herein described tract;
THENCE with the southerly line of said Rasmussen tract, being the northerly line of said 3406 Ltd.
157.836 acre tract for the northerly line of the herein described tract S77 °30'08 "E 72.30 feet to an
iron rod set for the most northeasterly comer of the herein described tract;
THENCE leaving the northerly line of said 3406 Ltd. 157.836 acre tract for the southeasterly line
of the herein described tract S46 °24'40 "W 259.60 feet to the PLACE OF BEGINNING containing
0.329 of an acre of land.
Prepared by TRIMBLE LAND SURVEYING, INC. This the 19th day of August, 1999.
94 -033
wdglplan Page 1 of 2
skErcii 10 ACCOMPANY METES AND BOUNDS ON 0.329 OF AN ACRE
OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130,
SITUATED IN WILLIAMSON COUNTY, TEXAS.
*-' 3106 L1 L).
VOL. 2607 P0, 505
7
Job No. 94-033
0 : 1 7:4 4 sAfus srm
' 233 3:p
Page 2 of 2
EXHIBIT "A"
S77•3,
72.S
soul, " 100'
LEGEND_
• r, 10,0 Rod Emend
o Irno nod Set
3406 LID.
VOL. 2607 PG, 505
ci
0
C?<,
00
Doted thls the 19th day of August, 1999,
Glenn T. Dal R.P.L.S. No. 5168
TRIMBLE LAND SURVEYING. INC.
1501—A West Anderson Lane, Suite 102
Austin, Texas 78757
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
STREET DEED
KNOW ALL MEN BY THESE PRESENTS:
That 3406 Ltd., a Texas limited partnership, acting herein by and through David A. Hill,
President of DH Real Estate Investment Company, a Texas corporation, dba DH Investment
Company, its General Partner, of Angelina County, State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, to Grantors in hand paid, by the City of Round Rock, Texas,
the receipt and sufficiency of which is hereby acknowledged and confessed and for which no lien,
or encumbrance expressed or implied, is retained, have this day GRANTED, SOLD, and
CONVEYED, and by these presents do hereby GRANT, SELL, and CONVEY unto the said City
of Round Rock, a municipal corporation situated in the Williamson County whose mailing address
is 2008 Enterprise, Round Rock, Texas 78664, the following described property, to -wit:
All that certain tract, piece or parcel of land, consisting of 0.329
acres, lying and being situated in the County of Williamson, State of
Texas described in EXHIBIT "A" attached hereto and made a part
hereof for all purposes, to which reference is hereby made for a more
particular description of said property.
TO HAVE AND TO HOLD the above - described premises, together with all and singular the
right and appurtenances thereto in anywise belonging, but subject to any and all encumbrances and
easements of record to the extent same are valid and enforceable, unto the City of Round Rock and
its successors and assigns forever; and Grantors, whether one or more, do hereby bind its successors
and assigns to warrant and forever defend all and singular the said premises unto the said City of
Round Rock, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
��( IN WITNESS THEREOF, Grantors have caused this instrument to be executed on this the
a4 `day of August, 1999.
3406 Ltd., a Texas limited partnership
By: DH Real Estate Investment Company, a Texas
corporation, dba DH Investm; ' y,
Its General Partne
By:
Page 1 of 2
Thomas P. Darmst.dter, Vice - President
THE STATE OF TEXAS §
COUNTY OF ANGELINA §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Thomas P. Darmstadter known to me to be the person whose name is subscribed
to the foregoing instrument as Vice - President of DH Real Estate Investment Company d/b /a DH
Investment Company, General Partner of 3406, Ltd.. and acknowledged to me that he executed the
same in such capacity as the act and deed of said corporation for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this theay of August, 1999.
SARAH VOSS
Notary Public
STATE OF TEXAS
My Comm. Exp. 05/232001
ACKNOWLEDGEMENT
Page 2 of 2
Notary Public in and for the State of Texas
METES AND BOUNDS DESCRIPTION
EXHIBIT "A"
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE
DAVID CURRY SURVEY, ABSTRACT NO. 130 SITUATED IN WILLIAMSON COUNTY,
TEXAS, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS BEING A PORTION OF THAT CERTAIN 157.836 ACRE TRACT OF LAND DESCRIBED
IN A DEED TO 3406, LTD. OF RECORD IN VOLUME 2607 PAGE 505 OF THE WILLIAIVISON
COUNTY, TEXAS DEED RECORDS, SAID TRACT OR PARCEL OF LAND BEING 0.329 OF
AN ACRE OF LAND FOR RIGHT -OF -WAY PURPOSES MORE FULLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the most easterly northeast corner of WOOD GLEN SECTION
4, PHASE I, a subdivision plat of record in document of the Williamson County, Texas
Plat Records, being the most easterly comer of Plantation Drive, a sixty (60) foot wide dedicated
public right -of -way as dedicated by said WOOD GLEN SECTION 4, PHASE I for the most
southerly comer of the herein described tract;
THENCE with the northeasterly line of said WOOD GLEN SECTION 4, PHASE I, being the
northeasterly line of said Plantation Drive for the southwesterly line of the herein described tract
N43 °35'20 "W 60.00 feet to an iron rod found at the most easterly comer of Lot 1, Block "D" of said
WOOD GLEN SECTION 4, PHASE I, being the most northerly corner of said Plantation Drive for
the most easterly comer of the herein described tract;
THENCE for the northwesterly line of the herein described tract N46 °24'40 "E 219.26 feet to an iron
rod set in the southerly line of that certain tract of land described in a deed to Arline Rasmussen of
record in volume 1462 page 240 and volume 2338 page 226 of the Williamson County, Texas Deed
Records, being the northerly line of said 3406 Ltd. 157.836 acre tract for the most northerly comer
of the herein described tract;
THENCE with the southerly line of said Rasmussen tract, being the northerly line of said 3406 Ltd.
157.836 acre tract for the northerly line of the herein described tract S77 °30'08 "E 72.30 feet to an
iron rod set for the most northeasterly corner of the herein described tract;
THENCE leaving the northerly line of said 3406 Ltd. 157.836 acre tract for the southeasterly line
of the herein described tract S46 °24'40 "W 259.60 feet to the PLACE OF BEGINNING containing
0.329 of an acre of land.
Prepared by TRIMBLE LAND SURVEYING, INC. This the 19th day of August, 1999.
94 -033
wdglplan Page 1 of 2
SKETCH TO ACCOMPANY METES AND BOUNDS ON 0.329 OF AN ACRE
OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130,
SITUATED IN WILLIAMSON COUNTY, TEXAS.
S
\ 0RLlNE RA
SMUS
VOL . 2338 P Q 226
C* ;) S77 3, pp
/ / � A / � \ \\ 3406 LTD. 7 2.10Q 8* E
p / VOL. 2 PG. 505 I
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Job No. 94 -033 Page 2 of 2
3406 LTD.
VOL. 2607 PG. 505
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EXHIBIT "A"
Scale: 1"= 100'
LEGEND
• = Iron Rod Found
o = Iron Rod Set
3406 LTD.
VOL. 2607 PG.
505
Dated this the 19th day of August, 1999.
Glenn T. Dial R.P.L.S. No. 5166
TRIMBLE LAND SURVEYING, INC.
1501 —A West Anderson Lane, Suite 102
Austin, Texas 78757
DATE: November 16, 1999
SUBJECT: City Council Meeting — November 23, 1999
ITEM: 13.B.1. Consider a resolution authorizing the Mayor to execute an escrow
agreement with 3406, Ltd. And Austin Title Company for the deed
to certain real property for public street right -of -way. This
agreement guarantees that the northernmost segment of Plantation
Drive right -of -way that crosses Wood Glen (the 3406, Ltd. property)
will be deeded to the City of Round Rock on or before July 1, 2001 if
it has not already been officially dedicated to the City. This insures
the continuity of development along this important collector street.
Staff Resource Person: Joe Vining, Planning Director.
Plantation Dr.
ROW Dedication
SUBJECT TRATC
0.329 ACRES