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R-2014-1363 - 6/26/2014RESOLUTION NO. R-2014-1363 WHEREAS, the City of Round Rock ("City") desires to purchase a 0.353 acre tract of land necessary for the construction of improvements to University Boulevard, and WHEREAS, IKEA Property, Inc., the owner of the Property, has agreed to sell said Property to the City, 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 a Real Estate Contract with IKEA Property, Inc., for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" 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. RESOLVED this 26`h day of June, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: , ew"& - ROS SARA L. WHITE, City Clerk 0112.1304;00296654 EXHIBIT "A" Variable Width Right -Of -Way Acquisition METES AND BOUNDS DESCRIPTION OF A 0.353 ACRE TRACT OF LAND OUT OF THE IKEA PROPERTY, INC. TRACT LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 0.353 ACRE (15,386 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS; SAID 0.353 ACRE TRACT BEING A PORTION OF LOT 1, BLOCK A, EAST CHANDLER RETAIL CENTER, FILED ON DECEMBER 1, 2005, AND RECORDED IN CABINET BB, SLIDES 62-65 OF THE. PLAT RECORDS OF. WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 0.353 ACRE TRACT ALSOBEINGA PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 21.36 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO IKEA PROPERTY, INC., FILED SEPTEMBER 16, 2005, AND RECORDED IN DOCUMENT NO. 2005073608 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.353 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with yellow plastic cap stamped "CS LTD" found marking the easternmost northeast corner of said Lot 1, same being the northwest corner of Lot 2A, Block A, Replat of Lot 2 of East Chandler Retail Center, filed on November 2, 2006, and recorded in Cabinet CC, Slides 230-233, P.R.W.C.T., said point also marking the southeast end of a corner clip at the intersection of the south right-of-way (R.O.W.) line of University Boulevard (a variable width R.O.W.) and the west line of University Oaks Boulevard; THENCE (L-1) North 65° 38' 27" West, with the northeast line of said Lot 1, Block A, and with said corner clip, a distance of 6.47 feet to a 1/24nch iron rod with aluminum cap stamped "CORR ROW" (hereafter referred to as "CORR cap") set for the POINT OF BEGINNING and easternmost corner of the herein described tract; THENCE traveling across the interior of said Lot 1, Block A, same being the proposed R.O.W. line of said University Boulevard, the following thirteen (13) calls: 1) South 69° 17' 30" West, a distance of 215.85 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; 2) (L-2) North 20° 42' 30" West, a distance of 4.00 feet to a 1/2 -inch iron rod with ".CORR cap" set for a corner of the herein described tract; 3) (L-3) South 69° 17' 30" West, a distance of 30.00 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; 4) (L-4) South 20° 42' 30" East, a distance of 2.00 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; 5) (L-5) South 69° 17' 30" West, a distance of 79.63 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; Page 1 of 5 Exhibit "A" continued Description of a 0.353 acre tract 6) (L-6) North 20° 42' 30" West, a distance of 8.00 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; 7) (L-7) South 69° 17' 30" West, a distance of 15.00 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; 8) (L-8) South 20° 42' 30" East, a distance of 8.00 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; 9) (L-9) South 69° 17' 30" West, a distance of 32.23 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; 10) (L-10) South 76° 20' 55" West, a distance of 81.39 feet to a 1/2 -inch iron rod with "CORR cap" set for a corner of the herein described tract; l 1) South 69° 17' 30" West, a distance of 167.66 feet to a 1/2 -inch iron rod with "CORR cap set for a corner of the herein described tract, and being the beginning of a curve to the left, 12) (C-1) In a Westerly direction, 42.83 feet along the arc of said curve to the left, having a radius of 45.00 feet, a central angle of 54° 31' 50", and a chord bearing and distance of South 42° 01' 35" West — 41.23 feet to a 1/2 -inch iron rod with "CORR cap" set for the southernmost corner of the herein described tract and being the end of said curve; 13) (L-11) North 75° 14' 20" West, a distance of 35.66 feet to a 1/2 -inch iron rod with "CORR cap" set for westernmost corner of the herein described tract, same being on the common line of the northwest line of said Lot 1, Block A and the southeast R.O.W. line of Interstate Highway No. 35 (a variable width R.O.W.), and from which a TXDOT Type I concrete monument found marking an angle point on said common line bears South 14° 45' 40" West, at a distance of 411.19 feet; THENCE (L-12) North 14° 45' 40" East, with said common line, a distance of 24.76 feet to a calculated point for the northwest corner of the herein described tract, same being the northwest comer of said Lot 1, Block A, said point also marking the intersection of the existing south R.O.W. line of said University Boulevard and the southeast R.O.W. line of said Interstate Highway No. 35; THENCE departing the southeast R.O.W. line of said Interstate Highway No. 35, and with the common existing south R.O.W. line of said University Boulevard and the north line of said Lot 1, Block A, the following three (3) calls: 1) North 69° 16' 09" East, a distance of 263.67 feet to a 1/2 -inch iron rod with orange plastic cap stamped "WATERLOO RPLS 4324" found for a corner of the herein described tract; 2) (L-13) North 75° 06' 26" East, a distance of 118.62 feet to a 1/2 -inch iron rod with orange plastic cap stamped "WATERLOO RPLS 4324" found for a corner of the herein described tract; Page 2 of 5 Exhibit "A" continued Description of a 0.353 acre tract 3) North 69° 18' 02" East, a distance of 268.83 feet to a calculated point for the northeast corner of the herein described tract, same being the northeast corner of said Lot 1, Block A, said point also marking the northwest end of a corner clip at the intersection of the south R.O.W. line of said University Boulevard and the west line of said University Oaks Boulevard; THENCE (L-14) South 65° 38' 27" East, with the northeast line. of said Lot 4 Block A, and with said corner .clip, a distance of 31.09 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing- within the metes recited 0.353 acre (15,386 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock, Texas in February of 2014. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone — NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. This metes and bounds description is accompanied by an exhibit drawing. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description, and exhibit drawing A-4663 attached, hereto is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. qDaniel M. Flaherty, R.P.L.S. No. 5004 Wallace Group, Inc.. One Chisholm Trail, Suite 130 Round Rock,Texas 78681 Ph. (512) 248-0065 See attached Plat No. A-4663 22824-FN01.doc Page -3 of 5 02-25-2014 Date Ch LOT 2E ,BLOCK A All o COMMENCING ov 101, POINT O� y EXISTING R.O.W. LINE �F � L-12 REPLAT OF LOT 2 OF w�L ",7 7 y�8 2�v CC. SUDES A 230-233 P.R.W.C.T. 0 .0 FILED: NOVEMBER 2. 2OD6 tee• aE`� ' q 5004 c t� �''•:0a o? ' O (VARIABLE WIDTH RIGHT- OF- WAY ACQUISITION) DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 0.353 ACRE (15,386 SQ. FT.) TRACT OF LAND IN THE CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS UNIVERSITY BOULEVARD: (VARIABLE wiDTH R 0. pY. ) 59'16'09' E 263.67' S 699730' W - 167.66' L-10 PROPOSED R.O.W. UNE L-9 LOT i BLOCK A EAST CHANDLER RETAIL CENTER CABINET BB, SLIDES 62-65 P.R.W.C.M FILED: DECEMBER 1. 2005 IKEA PROPERTY. INC. DOC. NO. 2005073608 O.P.R.W.C.T. FILED: SEPTEMBER 16, 2005 VARIABLE WIDTH R.O.W. ACGUISITIM 0.353 ACRE (15,366 SO. FT.) R.O.W. U N 6998'02" E - 268.83' ' ! 1 S 699730' W - 215.B5' PROPOSED R.O.W. UNE FIELD NOTE POINT OF BEGINMNG LEGEND e = FOUND 1/2' IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WATERLOO RPLS 4324' (UNLESS 07HERMSE,NOTED) ® - FOUND TXDOT CONCRETE MONUMENT (TYPE 1) A = CALCULATED POINT 0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED "CO RR ROW' P.R.W.C:T. = PLATRECORDS, 1WILLIAMSON COUNTY, TEXAS D.R.W.C.T. = DEED RECORDS, WItLAMSON COUNTY, TEXAS O.R.W.C,T.. = OFFICIAL RECORDS, WILUAMSON COUNTY, TEXAS O.P.R.W.C.T. = OFFICIAL PUBLIC. RECORDS, WIWAMSON COUNTY. TEXAS SCALE. 1" = 100' FOUND 1/2' IRON ROD WITH YELLOWPLASTIC CAP / STAMPED "CS LTD - Ths Wallace Group, Ina One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers a Architects a Planners a Surveyors 1BPE F-54 Waco,* Killeen * Dallas * Round. Rock, 0 100 200 PLAT NO. A-4663 DRAFT DATE 02-25-2014 DRAWN BY. TAB SCALEI —� WORK ORDER NO. 22824 FIELDBOOK/PG. 173/-3-3 TAB A4663 0 2014 ALL RIGHTS RESERVED DIGITAL FILE 228248–ROW TRACTS F/N # 22824 FN01 LOT 2E ,BLOCK A FIELD' NOTE COMMENCING POINT O� REPLAT OF LOT 2 OF tiCBBINCEHT �DLER AI L CENTER Orl N CC. SUDES A 230-233 P.R.W.C.T. FILED: NOVEMBER 2. 2OD6 5 LOT 2H LOT 2A BLOCK A BLOCK A 40F5 Ths Wallace Group, Ina One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers a Architects a Planners a Surveyors 1BPE F-54 Waco,* Killeen * Dallas * Round. Rock, 0 100 200 PLAT NO. A-4663 DRAFT DATE 02-25-2014 DRAWN BY. TAB SCALEI —� WORK ORDER NO. 22824 FIELDBOOK/PG. 173/-3-3 TAB A4663 0 2014 ALL RIGHTS RESERVED DIGITAL FILE 228248–ROW TRACTS F/N # 22824 FN01 EXHIBIT "AP ' (VARIABLE WIDTH RIGHT- OF— WAY ACQUISITION) DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 0.353 ACRE (15,386 SQ. FT.) TRACT OF LAND IN THE CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS Line Table Line Bearing Length L-1 N 65'38'27" W 6.47' L-2 N 20'42'30" W 4.00' L-3 S 69'17'30" W 30.00W' L-4 S 20'42'30" E 2.00' L-5 S 6917'30" W 79.63' L-6 N 20'42'30" W 8.00' L-7 S 6917'30" W 15.00' L-8. S 20'42'30" E 8.00' L-9 S 69'17'30" W 32.23- 2.23:L-10 L-1 0 S. 76'20'55' W 81.39' L-11 N 75'14!20" W 35.66' L-12 N 14'45'40" E 24.76' L-13 N 75'06'26" E 118.62' L-14. S 65'3827' E 31.09' - 0F•rF %STE9,; q 5004 R-,. Q�l °'SEs sWo'y0 SUR`I� Curve Table Curve # Length I Radius Delta I Chord Direction Chord Length C-1 4283' 45.00' 54'31'50" S 42' 01' 35" W 41.23' LEGEND ® = FOUND 1/2' IRON ROD WITH ORANGE PLASTIC CAP, STAMPED "WATERLOO RPLS 4324" (UNLESS OTHERWISE NOTED) = FOUND TXDOT CONCRETE MONUMENT (TYPE 1) A = CALCULATED POINT O = SET 1/2' IRON ROD 89TH ALUMINUM CAP STAMPED "CORR ROW' P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS D.R.W.C.T,. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS, O.R.WC.T. = OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY. TEXAS GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. 3.) 'THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING :IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. 5 OF 5 wThe Wallace Group9 Ina One Chisholm Tral. Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers IED Architects I& Planners a Surveyors TBPE F-54 Waco * Killeen * Dallas * Round Rock 0 100 200 PLAT NO. A-4663 DRAFT DATE 02-25-2014 DRAWN BY TAB SCALE I WORK ORDER NO. 22824 FIELDBOOK/PG. 173/33 TAB # A4663-2 0 2014 ALL RIGHTS RESERVED DIGITAL FILE 22824R—ROW TRACTS F/N # 22824 FN01 ri DEED University Boulevard right of way MW THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That IKEA PROPERTY, INC., a Delaware corporation, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of West Lake Hills, Texas, a Texas Type. A, general -law municipal corporation, the receipt and sufficiency of which is hereby acknowledged, and for which no lien* is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All offhat certain tract of land containing a total of 0.353 acre, more or less, being a part of and out of the Ephraim Evans Survey, Abstract No. 212, Williamson County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated. herein SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the property described in said Exhibit "A" to wit: NONE RESERVATIONS FROM,AND :EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Travis County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. 00296209.DOC Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the City of Round Rock or State of Texas or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of University Boulevard, but shall not be used or exported fi•om the Property for any other purpose. TO HAVE AND TO HOLD the property herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2013. GRANTOR: IKEA PROPERTY, INC. Its: 2. ACKNOWLEDGMENT STATE OF COUNTY OF This instrument was acknowledged before me on this the day of , 2014 by inthe capacity and for the purposes and consideration recited therein. Notary Public, State of PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock, Texas Attn: Manager AFTER RECORDING RETURN TO: 3.