CM-2015-911 - 10/2/2015REAL ESTATE CONTRACT
City of Round Rock Fire Station #8
THIS REAL ESTATE CONTRACT ("Contract') is made by and between JOSE
TOSCANO and LETICIA TOSCANO, (referred to in this Contract as "Seller", whether one or
more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"),
upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows:
Wastewater and Storm Sewer easement interest in and to all of that certain 0.334
acre tract of land, more or less, out of and situated in the Joseph Marshall Survey,
Abstract No. 409 in Williamson County; being more fully described in Exhibit
"A", attached hereto and incorporated herein;
together with all and singular the rights and appurtenances pertaining to the property, (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), for
the consideration and upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A", and any damage to the
remaining property of Seller, shall be the sum of EIGHTEEN THOUSAND EIGHT HUNDRED
TWENTY FIVE and 00/100 Dollars ($18,825.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
00342810.DOC
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated
hereby are subject to the satisfaction of each of the following conditions (any of which may be
waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Capital Title Company on or before
October 30, 2015, or at such time, date, and place as Seller and Purchaser may agree upon, or
within 10 days after the completion of any title curative matters if necessary for items as shown on
the Title Commitment or in the contract (which date is herein referred to as the "Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged
Wastewater and Storm Sewer Easement ("Easement") conveying such interest in and to all of the
Property described in Exhibit "A", free and clear of any and all liens and restrictions, except for
the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
The Easement shall be in the form as shown in Exhibit "B" attached hereto.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable".
(3) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
3
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the Closing if applicable. If the
Closing shall occur before the tax rate is fixed for the then current year, the apportionment of
taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest
assessed valuation. Agricultural roll -back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any
failure by Purchaser.
4
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
E
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
[signature pages follow]
SELLER:
r
i
Jos Toscano
L/Date:
-( p
Leticia Toscano
Date:
Address: 1616 Red Bud Lane
Round Rock, Texas
Address: 1616 Red Bud Lane
Round Rock, Texas
PURCHASER:
CITYOFROUND ROCK, TEXAS
13
Its:�5�-
c
Date)
Address: 221 East Main St.
Round Rock, Texas 78664
EX"HMIT "A►'
City of Round Rock
25 Foot Wide Wastewater and Storm Sewer Easement
METES AND BOUNDS DESCRIPTION
OF A
0.3354 ACRE TRACT OF LAND OUT OF THE
JOSE TOSCANO AND SPOUSE, LETICIA TOSCANO TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.3354 ACRE (14,608 SQUARE FEET) TRACT OF LAND SITUATED IN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY, TEXAS;
SAID 0.3354 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 2.521
ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO JOSE
TOSCANO AND SPOUSE, LETICIA TOSCANO, FILED NOVEMBER 8, 1999, AND
RECORDED IN DOCUMENT NO. 199975817, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); WITH SAID 0.3354 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8 -inch iron rod found marking the southeast corner of said 2.521 acre tract and the
southernmost southeast corner of the herein described tract, said point also marking the southwest corner
of that certain called 2.301 acre tract of land described in a Special Warranty Deed to City of Round
Rock, Texas, filed on October 14, 2014, and recorded in Document No. 2014082894, O.P.R.W.C.T.;
THENCE South 87° 38126" West, with the south line of said 2.521 acre tract, a distance of 438.66 feet
to a calculated point for the southwest corner of said 2.521 acre tract and the herein described tract, said
point also being on the east line of Lot 2 HOA, Block B, An Amending Plat of Lake Forest 11, Village
IIB, filed April 16, 2002, and recorded in Cabinet V, Slides 354-355, Plat Records of Williamson County,
Texas (P.R.W.C.T.);
THENCE North 02° 3815211 West, with the common west line of said 2.521 acre tract and the east line
of said Lot 2 HOA, a distance 170.52 feet to a calculated point for the westernmost northwest corner of
the herein described tract, and from which a 5/84nch iron rod found marking the northwest corner of said
2.521 acre tract bears North 02° 38' 52" West, at a distance of 80.00 feet;
THENCE departing said common line, and traveling across the interior of said 2.521 acre tract, the
following three (3) calls:
1) North 87° 2811611 East, a distance 25.00 feet to a calculated point for the easternmost northwest
corner of the herein described tract;
2) South 02° 38' 52" East, with a line 25 feet east of and parallel with the west line of said 2.521
acre tract, a distance 145.59 feet to a calculated point for an interior corner of the herein
described tract;
3) North 87° 3812611 East, with a line 25 feet north of and parallel with the south line of said 2.521
acre tract, a distance 41393 feet to a calculated point for the northernmost southeast corner of the
herein described tract, said point being on the common east line of said 2.521 acre tract and the
west line of said 2.301 acre tract, and from which a 1/2 -inch iron rod found marking the
Page 1 of 3
Exhibit "A" continued
Description of a 0.3354 acre tract
northwest corner of said 2.301 acre tract bears North 021 01' 41" West, at a distance of 226.72
feet
THENCE South 02° 01' 41" East, with the common cast line of said 2.521 acre tract and the west line of
said 2.301 acre tract, a distance 25.00 feet to the POINT OF BEGINNING and containing 0,3354 acre
(14,608 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace
Group, Round Rock, Texas.
Temporary Construction Easement
In addition, it is intended to create a fifteen (15) foot wide Temporary Construction Easement adjacent
and parallel to the southernmost north line and westernmost east line of the above-described City of
Round Rock twenty-five (25) foot wide Wastewater and Storm Sewer Easement and as graphically shown
on the attached exhibit. This Temporary Construction Easement contains a computed area of 0.1875 acre
(8,169 square feet) of land.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: 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.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4817 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.
Daniel M. Flaherty, R.P.L.S. No. 5004
The Wallace Group
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4817
23563-14 FN0Ldoc
Page 2 of 3
07-30-2015
Date
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Fire Station #8 EXHIBIT "B"
WASTEWATER AND STORM SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That JOSE TOSCANO and LETICIA TOSCANO, whose current address is 1616 Red
Bud Lane, Round Rock, Texas 78665, and their successors and assigns, ("Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated
in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which
is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights
and interests in the nature of a wastewater and storm sewer easement and right-of-way in, upon,
over, under, above and across the following described property, to -wit:
All of that certain 0.3354 acre tract of land, out of and situated in the Joseph Marshall
Survey, Abstract No. 409, Williamson County, Texas; said 0.3354 acre tract being
more particularly described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein for all purposes.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of wastewater and storm sewer
utilities, to -wit: wastewater lines, sanitary sewer lines, connecting lines, access facilities and
related equipment, stormwater lines, all necessary conduits, valves, vaults, manholes, ventilators
and appurtenances, storm sewers and collection facilities, pipes and all other subsurface drainage
structures, and any necessary accessories or operations.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and revert to
Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
Grantor covenants that it will not convey any additional easement or conflicting rights
within the area covered by this grant without the express written consent of Grantee, which
consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed
00338532.DOCX/dc
easement or conflicting use of the easement to determine the effect, if any, on the wastewater
lines contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the wastewater lines. As required by this
paragraph, express written consent of Grantee shall be obtained by Grantor in the following
manner: advance written notice must be given by certified mail to the (1) City of Round Rock
City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008
Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of
Round Rock shall have ten (10) days in which to respond in writing granting consent,
conditioning consent upon reasonable safeguards, or denying consent.
Grantor further grants and conveys to Grantee the right to temporarily use portions of the
property adjacent to and parallel to the boundary of the easement area described herein and as
shown on drawing to accompany metes and bounds description in Exhibit "A", as may be
reasonably necessary to initially construct and install the facilities described above. In no
instance shall Grantee be entitled to use more than the fifteen (15) foot width extending from the
current boundary of the easement(s) than is specifically identified and described on the drawings
which accompany the field notes in Exhibit "A". Upon completion of the construction and
installation of the facilities within the permanent easement area, Grantee shall return this
temporary construction area to the same or substantially similar condition as existed prior to
these activities, given consideration for the uses to which the easement is being put. The
temporary construction easement shall exist from the date beginning upon written notice of entry
upon the temporary area to Grantor, and shall continue until the earlier to occur of the following
events: (a) the expiration of ten (10) months; (b) final completion of the project, that being
defined as thirty (30) days after issuance of the Certificate of Completion; or (c) December 31,
2017. The expiration of the temporary construction easement shall not otherwise affect any of
Grantee's permanent easement rights granted herein.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
easement, including the right to build and use the surface of the easement for private streets,
roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided
Grantor shall not erect or construct on the easement any building or other structure such as a
patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the
easement, or diminish or substantially add to the ground cover over the facilities. Grantee shall
not be responsible or liable for the removal, repair or damage to any property, structure, building,
or other use inconsistent with the rights conveyed to Grantee by the easement; provided,
however, before constructing any improvements, at least ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the easement,
and Grantor must first obtain the consent and approval from Grantee of the construction and
location of any improvements within the easement.
2
Grantor further grants to Grantee:
(a) the right to mark the location of the easement by suitable markers;
provided that such markers shall be placed in locations which will not interfere with any
reasonable use Grantor shall make of the easement;
(b) the right to grade the easement for the full width thereof and to extend the
cuts and fills for such grading into and on the land in the easement to such extent as Grantee may
find reasonably necessary;
(c) the right from time to time to trim and to cut down and clear away any and
all trees and brush now or hereafter on the easement and to trim and to cut down and clear away
any trees on either side of the easement which now or hereafter in the opinion of Grantee may be
a hazard to the wastewater or storm sewer lines, valves or other improvements by reason of the
danger of falling thereon or root infiltration therein, or which may otherwise interfere with the
exercise of Grantee's rights hereunder;
(d) the right to install, maintain and use gates in all fences which now cross or
shall hereafter cross the easement; and
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
It is understood and agreed that any and all equipment and facilities placed upon said
property by Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a wastewater and storm sewer easement for the
purposes stated herein.
3
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2015.
[signature page follows]
4
GRANTOR:
Jose Toscano
Leticia Toscano
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 2015, by Jose Toscano and Leticia Toscano, in the capacity and for the
purposes and consideration recited herein.
After recording return to:
Notary Public, State of Texas
5
EXII113IT "A"
City of Round Rock
25 Foot Wide Wastewater and Storm Sewer Easement
METES AND BOUNDS DESCRIPTION
OF A
0.3354 ACRE TRACT OF LAND OUT OF THE
JOSE TOSCANO AND SPOUSE, LETICIA TOSCANO TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.3354 ACRE (14,608 SQUARE FEET) TRACT OF LAND SITUATED IN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY, TEXAS;
SAID 0.3354 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 2.521
ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO JOSE
TOSCANO AND SPOUSE, LETICIA TOSCANO, FILED NOVEMBER 8, 1999, AND
RECORDED IN DOCUMENT NO. 199975817, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); WITH SAID 0.3354 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8 -inch iron rod found marking the southeast corner of said 2.521 acre tract and the
southernmost southeast corner of the herein described tract, said point also marking the southwest corner
of that certain called 2.301 acre tract of land described in a Special Warranty Deed to City of Round
Rock, Texas, filed on October 14, 2014, and recorded in Document No. 2014082894, O.P.R.W.C.T.;
THENCE South 87° 38126" West, with the south line of said 2.521 acre tract, a distance of 438.66 feet
to a calculated point for the southwest corner of said 2.521 acre tract and the herein described tract, said
point also being on the east line of Lot 2 HOA, Block B, An Amending Plat of Lake Forest H, Village
IIB, filed April 16, 2002, and recorded in Cabinet V, Slides 354-355, Plat Records of Williamson County,
Texas (P.R.W.C.T.);
THENCE North 02° 38152" West, with the common west line of said 2.521 acre tract and the east line
of said Lot 2 HOA, a distance 170.52 feet to a calculated point for the westemmost northwest corner of
the herein described tract, and from which a 5/84nch iron rod found marking the northwest corner of said
2.521 acre tract bears North 02° 38' 52" West, at a distance of 80.00 feet;
THENCE departing said common line, and traveling across the interior of said 2.521 acre tract, the
following three (3) calls:
1) North 87° 28' 16" East, a distance 25.00 feet to a calculated point for the easternmost northwest
corner of the herein described tract;
2) South 02° 38152" East, with a line 25 feet east of and parallel with the west line of said 2.521
acre tract, a distance 145.59 feet to a calculated point for an interior corner of the herein
described tract;
3) North 87° 3812611 East, with a line 25 feet north of and parallel with the south line of said 2.521
acre tract, a distance 41393 feet to a calculated point for the northernmost southeast corner of the
herein described tract, said point being on the common east line of said 2.521 acre tract and the
west line of said 2.301 acre tract, and from which a 1/2 -inch iron rod found marking the
Page 1 of 3
Exhibit "A" continued
Description of a 0.3354 acre tract
northwest corner of said 2.301 acre tract bears North 021 01' 41" West, at a distance of 226.72
feet
THENCE South 02° 01' 41" East, with the common east line of said 2.521 acre tract and the west line of
said 2,301 acre tract, a distance 25.00 feet to the POINT OF BEGINNING and containing 0.3354 acre
(14,608 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace
Group, Round Rock, Texas.
Temporary Construction Easement
In addition, it is intended to create a fifteen (15) foot wide Temporary Construction Easement adjacent
and parallel to the southernmost north line and westernmost east line of the above-described City of
Round Rock twenty-five (25) foot wide Wastewater and Storm Sewer Easement and as graphically shown
on the attached exhibit. This Temporary Construction Easement contains a computed area of 0.1875 acre
(8,169 square feet) of land.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: 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.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4817 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.
Page 2 of 3
��.OF T
�P/ C.1 5 T p
/`I
Co
CO
Daniel M. Flaherty, R.P.L.S. No. 5004
.........................
DANIEL M. FtAH
..........................
The Wallace Group
r 9 5004 ;
94..
'
One Chisholm Trail, Suite 130
, css ?
Round Rock, Texas 78681
SUFJ�
Ph. (512) 248-0065"
TBPLS Firm No. 10051701
See attached Plat No. A-4817
07-30-2015
23563-14 FNOI .doc
Date
Page 2 of 3
9
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
CITY OF ROUND ROCK 26 FOOT WIDE (0.3564 ACRE) WASTEWATER AND STORM SEWER BASEMENT
AND A 16 FOOT WIDE (0.1876 ACRE) TEMPORARY CONSTRUCTION EASEMENT
LOCATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT 409, WILLIAMSON COUNTY, TEXAS
AND BEING A PART OF A CALLED 2.621 ACRE TRACT OF LAND
DESCRIBED IN A GENERAL WARRANTY DEED TO JOSE TOSCANO AND SPOUSE, LETICIA TOSCANO,
4ECORDED IN DOCUMENT NO. 199976817, OFFICIAL _PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
GENERAL N07M
1. ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS
2. SUBJECT TO ANY AND ALL COVENANTS, RESTRICTION& 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.
3. BEARINGS ARE BASED ON THE TOMS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS CPS
COOPERATIVE CORS RTK NETWORK.
WALLACE
A CP Y COMPANY
WACO KILLEEN DALLAS R
I Chisholm Trail. Suite 130. Round Rock Te,
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLE
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE
LAND SURVEYS IN THE STATE OF TEXAS. 3ikTHE ,'AM DAY OF
248-0065
LEGEND
• - FOUND 5/6 -IRON ROD
(UNLESS OTHERWISE NOTED)
P.R.WY.GT.- PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.P.R.W.QT. - OFFI0AL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
D.R.W.GT.- DEED RECORDS OF
WILLIAMSON COUNTY. TEXAS
TSPE F-54
THAT
FOR
2015.
SURVEYED 05-21-2015 `1�y
DANIEL FLAHERTY R.P.LS. 3 OF 3
0 100 200 PLAT NO. A-4817 DRAFT DATE 07-30-2015
DRAWN BYE
SCALE WORK ORDER N0.23583-14 FIELDBOOK/PG. 212/09 TAB f A-4817
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 23583R-14 ESMT F/N /23583-14 FN01
FOREST RIDGE PHASE B
FIELD NOTE
J4.
CABINET R, SLIDES 12S-128
P.R,W.C.T.
G R�
BEGINNING
flLED: JUNE 14, logo
12
BLOCK A
LOT 13 LOT 27
BLOCK A BLT OCK A
8 �OCK A
IN KWON LEE AND
Q
LOT 1
SVBDINSION UNE
1 IRON
ROD •FOUND
BLOCK A
�Q�C ,eOr
LOT
4� BLOCKI8
CALLED 2.821 ACRES
JOSE TOSCANO AND SPOUSE,
N 8728'18' E — 23.00' LETICIA TOSCANO
I SCALE: 1" a 100'
I
z
3
DOC. NO. 100973817
O.P.R.W.C,T.
1&V FILED: NOVEMBERS, logo
ARY
EMENT L�
I SO. FT.) 9
W I CITY OF ROUND ROCK
�{ 7413.g4'4
%I 23' WIDE WASTEWATER ANDb570RL1 SEWIR EASEMENTAN
ACRE 14,808 sa FTLE
LLLiiT31NET
-L__ ____—_�__S02'01'41'E-23.00'
1 CALLED 2.301 ACRES
i CITY OF ROUND ROCK, TEXAS
2014782894
DOG O.P.R.W.C.T.
i
FILED: OCTOBER 14, 2014
I—
LOT 2 HOA
BLOCK B &
LOT BLOCK3B
AMENDING PLAT OFI0.3334
FOREST 11. VILLAGE IIB
V, SUDES 35h355
P.R.W.C.T.
FILED: APRIL 16, 2002
— — — — — — —
FILED: SEPTEMBER 27, 2013
DEED UNE S 87'3828 W — 438.88
GENERAL N07M
1. ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS
2. SUBJECT TO ANY AND ALL COVENANTS, RESTRICTION& 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.
3. BEARINGS ARE BASED ON THE TOMS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS CPS
COOPERATIVE CORS RTK NETWORK.
WALLACE
A CP Y COMPANY
WACO KILLEEN DALLAS R
I Chisholm Trail. Suite 130. Round Rock Te,
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLE
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE
LAND SURVEYS IN THE STATE OF TEXAS. 3ikTHE ,'AM DAY OF
248-0065
LEGEND
• - FOUND 5/6 -IRON ROD
(UNLESS OTHERWISE NOTED)
P.R.WY.GT.- PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.P.R.W.QT. - OFFI0AL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
D.R.W.GT.- DEED RECORDS OF
WILLIAMSON COUNTY. TEXAS
TSPE F-54
THAT
FOR
2015.
SURVEYED 05-21-2015 `1�y
DANIEL FLAHERTY R.P.LS. 3 OF 3
0 100 200 PLAT NO. A-4817 DRAFT DATE 07-30-2015
DRAWN BYE
SCALE WORK ORDER N0.23583-14 FIELDBOOK/PG. 212/09 TAB f A-4817
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 23583R-14 ESMT F/N /23583-14 FN01
FIELD NOTE
POINT OF
BEGINNING
CALLED 2.3153 ACRES
(TRACT THREE)
IN KWON LEE AND
LOT 1
J YOUNG SOHN
BLOCK A
DOC. NO. 2009041037
O.P.R.W.C.T.
RED BUD OFFICE SUBDIVISION
FILED: JANE 10, 2008
DOG NO. 2013093070
0.P.R.W.GT.
FILED: SEPTEMBER 27, 2013
GENERAL N07M
1. ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS
2. SUBJECT TO ANY AND ALL COVENANTS, RESTRICTION& 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.
3. BEARINGS ARE BASED ON THE TOMS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS CPS
COOPERATIVE CORS RTK NETWORK.
WALLACE
A CP Y COMPANY
WACO KILLEEN DALLAS R
I Chisholm Trail. Suite 130. Round Rock Te,
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLE
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE
LAND SURVEYS IN THE STATE OF TEXAS. 3ikTHE ,'AM DAY OF
248-0065
LEGEND
• - FOUND 5/6 -IRON ROD
(UNLESS OTHERWISE NOTED)
P.R.WY.GT.- PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.P.R.W.QT. - OFFI0AL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
D.R.W.GT.- DEED RECORDS OF
WILLIAMSON COUNTY. TEXAS
TSPE F-54
THAT
FOR
2015.
SURVEYED 05-21-2015 `1�y
DANIEL FLAHERTY R.P.LS. 3 OF 3
0 100 200 PLAT NO. A-4817 DRAFT DATE 07-30-2015
DRAWN BYE
SCALE WORK ORDER N0.23583-14 FIELDBOOK/PG. 212/09 TAB f A-4817
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 23583R-14 ESMT F/N /23583-14 FN01
City of Round Rock
UN
T XAS ROM Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Contract with Jose and
Leticia Toscano for the acquisition of certain easement interests required
for the construction of the City's proposed wastewater and storm sewer
easement, and take other appropriate action.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/2/2015
Dept Director: Steve Sheets
Cost: $18,825.00
Indexes:
Attachments: 00343117.PDF, 00343113.PDF
Department: Legal Department
Text of Legislative File CM -2015-911
Consider execution of an Easement Purchase Contract with Jose and Leticia Toscano for the acquisition
of certain easement interests required for the construction of the City's proposed wastewater and storm
sewer easement, and take other appropriate action.
Staff recommends approval.
City of Round Rock Page 1 Printed on 9/2&/2015