CM-09-09-177Chisholm Trail—parcel 17
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
C :FY
THIS REAL ESTATE CONTRACT ("Contract") is made by and between BARBARA
LOU CALDWELL, NANCY ANN OLSON, AND GARY RALPH PETERSON, (referred to in
this Contract as "Sellers", 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, Sellers sell and agree to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows ("Property"):
All of that certain 0.0796 of one acre (3,468 square feet) of land, more or less, out
of the David Curry Survey, Abstract No. 130, Williamson County, Texas, same
being a portion of that tract described as 7.12 acres in a deed to Barbara Lou
Caldwell, Nancy Ann Olson, and Gary Ralph Peterson of record in Volume 768,
Page 589 Deed Records, Williamson County, Texas; said 0.0796 of one acre of
land being more particularly described by metes and bounds in Exhibit A attached
hereto and incorporated herein:
This purchase also includes any improvements and fixtures situated on and attached to the
Property which are not removed by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE AND ADDITIONAL COMPENSATION
Amount of Purchase Price
2.01. The purchase price for the Property and any improvements thereon, and
compensation for any damages to the remaining property of Seller shall be the sum of FIFTEEN
THOUSAND EIGHT HUNDRED and 88/100 Dollars ($15,888.00).
Payment of Purchase Price
2.03. The Purchase Price and Additional Compensation, if any, shall be payable in cash at
the closing.
171514/m1
CM-fsi-01:1-171
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
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.):
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Sellers shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
Miscellaneous Conditions
3.04. Sellers 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 Sellers prior to or as of the closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLERS
Sellers hereby represent and warrant to Purchaser as follows, which representations and
warranties shall be deemed made by Sellers to Purchaser also as of the closing date, to the best of
Sellers' knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Sellers have complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
The Property herein is being conveyed to Purchaser under threat of condemnation.
2
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before October 23, 2009, or at
such time, date, and place as Sellers 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
(which date is herein referred to as the "closing date").
Sellers' Obligations at Closing
5.02. At the closing Sellers shall:
(1) Deliver to Purchaser a duly executed 'and acknowledged Special Warranty Deed
conveying good and marketable title to all of the Property as shown in Exhibit "A", free and clear
of any and all liens and encumbrances, 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.
(2) If requested, 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 Purchaser's interest 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:
(3)
(a) The boundary and survey exceptions shall be deleted;
(b) If applicable, the exception as to restrictive covenants shall be endorsed
"None of Record;" 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."
Deliver to Purchaser possession of the Property if not previously done.
3
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, 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 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. All special taxes or assessments to the closing date shall be paid by Sellers'.
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
ESCROW DEPOSIT
For the purpose of securingthe performance of Purchaser under the terms and provisions
of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars
($500.00), the Escrow Deposit, which shall be paid by the title company to Sellers in the event
Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be
paid over to Sellers and applied to the cash portion of the purchase price, provided, however, that
in the event the Purchaser shall have given written notice to the title company that one or more of
the conditions to its obligations set forth in Article III have not been met, or, in the opinion of
Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow
Deposit shall be forthwith returned by the title company to Purchaser.
4
ARTICLE VII
BREACH BY SELLERS
In the event Sellers 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 shall be forthwith returned by the title company to Purchaser.
ARTICLE VIII
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 Sellers not being in default hereunder, Sellers shall have the right to receive
the Escrow Deposit 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 Sellers agree to accept and take this cash payment as
their total damages and relief and as Sellers' sole remedy hereunder in such event.
ARTICLE IX
MISCELLANEOUS
Notice
9.01. 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 Sellers or Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
9.02. 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
9.03. 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.
5
Legal Construction
9.04. 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
9.05. 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
9.06. Time is of the essence in this Contract.
Gender
9.07. 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
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 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.
Possession and Use Agreement
9.10 Sellers agree to allow Purchaser to use and possess the Property for the purpose of
relocating utilities and constructing or improving a public road and related facilities, if necessary
to start the road construction project, upon full execution of this contract. Purchaser agrees to
execute a separate Possession and Use Agreement document suitable for recording if requested by
Purchaser.
6
Effective Date
9.11 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
[signature page follows]
7
SELLERS:
Gary Ralph Peterson
Barbara Lou Caldwell
Nancy Ann Olson
Date:
PURCHASER:
CITY OF ROUND ROCK
By:
es R. Nuse
ty Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: q114°9
8
EXHIBIT
PROPERTY DESCRIPTION FOR PARCEL 17
Page 1 of 3
ROW
April 9, 2009
DESCRIPTION OF 0.0796 OF ONE ACRE (3,468 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY NO. 130, WILLIAMSON COUNTY, TEXAS
AND OUT OF THAT TRACT DESCRIBED AS 7.12 ACRES IN A DEED TO
BARBARA LOU CALDWELL, NANCY ANN OLSON, AND GARY RALPH
PETERSON, OF RECORD IN VOLUME 768, PAGE 589, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, SAID 0.0796 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 3/4" iron pipe found at the southeast corner of this tract and said
Caldwell, Olson, Peterson tract and the northeast corner of that tract described as 8.16
acres in a deed to Herbert L. Peterson and wife, Lucretia Peterson, of record in Volume
352, Page 13, Deed Records, Williamson County, Texas, same being in the existing west
right-of-way (ROW) line of Chisholm Trail, from which a 5/8" iron pipe found at the
southeast corner of said Peterson tract bears S22°06'46"E 297.29 feet;
1) THENCE, with the south line of this tract and said Caldwell, Olson, Peterson tract
and the north line of said Peterson tract, S83°05'14"W 10.19 feet to a 1/2" iron rod
set with a plastic cap at the southwest corner of this tract;
THENCE, with the west line of this tract, crossing said Caldwell tract, the following
three (3) courses, numbered 2 through 4;
2) N21°27'06"W 78.09 feet to a to a 1/2" iron rod set with a plastic cap;
3) with a curve to the right, whose intersection angle is 06°42'42", radius is 1545.00
feet, an arc distance of 180.98 feet, the chord of which bears N18°05'44"W
180.88 feet to a 1/2" iron rod set with a plastic cap; and
4) N14°44'23"W 86.39 feet to a 1/2" iron rod found at the northwest comer of this
tract, the southeast corner of that tract described as 83.167 acres in a deed to
Chisholm Trail Developers Venture, Ltd., of record in Document Number
2003114923, Official Public Records, Williamson County, Texas and the
southwest corner of that tract described as 1.273 acres in a deed dedicated as
right-of-way, of record in Document Number 2003093096, Official Public
Records, Williamson County, Texas, same being in the north line of said
Caldwell, Olson, Peterson tract and at an angle point in the existing west ROW
line of Chisholm Trail;
EXHIBIT
Page 2 of 3
ROW
April 9, 2009
5) THENCE, with the north line of this tract and said Caldwell, Olson, Peterson tract,
and the south line of said 1.273 acre dedicated right-of-way and the existing east
ROW line of Chisholm Trail, N85°31' 55"E 15.23 feet to a 5/8" iron pipe found at
the northeast comer of this tract and said Caldwell, Olson, Peterson tract and the
southeast corner of said 1.273 acre dedicated right-of-way, same being an angle point
in the existing west ROW line of Chisholm Trail;
THENCE, with the east line of this tract and said Caldwell, Olson, Peterson tract and the
existing west ROW line of Chisholm Trail, the following two (2) courses, numbered 6
and 7;
6) S13°24'05"E 209.61 feet to a 1/2" iron rod set with a plastic cap; and
7) S23°08'05"E 135.08 feet to the POINT OF BEGINNING and containing 0.0796
of one acre (3,468 square feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description 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 Austin, Travis County, Texas, this the
9th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. ' o essional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (Caldwell Row) Issued 3/5/09 Rev 4/9/09
RE: CITY OF ROUND ROCK SKETC' ' TO ACCOMPANY DESCRIPTION OF
0.0796 AL_ OR 3,468 SQ. FT. OF LAND OUib JF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.
DOC. 2003114923 0.P.R.W.C.
(83.167 AC.)
(S86'39'56"W 377.76') _
(N87'20'E 135.97 VRS) = 377.69'
DAVID CURRY SURVEY
ABSTRACT NO. 130
L2.
0.0796 AC.
3,468 SQ.FT.
PIPE LINE RIGtiT---
VOL. 27 pG W AND R.EASEMENTC
PARTIALRELEASE
223 4 D.R.W.0
VOL. OF EASEMENT
•21, PG. 637 D.R.W.C.
BARBARA LOU CALDWELL, NANCY ANN OLSON,
AND GARY RALPH PETERSON
VOL. 768, P G. 589 D.R.W.C.
(7.12 AC.)
(585'12'W
314.85 VRS) _ 874.58'
- -
HERBERT L. PETERSON AND WIFE.
LUCRETIA PETERSON
VOL 352, PG. 13 D.R.W.C.
(8.16 AC.)
LINE TABLE
LINE
BEARING
LENGTH
L1
L2
S83'05'14'V
N85'31'55'E
10.19
15.23
i
N
c N.3
Ocg Oens /4'
1.3
ON
o�
cr% cps
49 0
N'9-
• LOT 19
RICARDO ZUNIGA
DOC. 2000052078
0.P.R.W.C.
SCALE 1" = 100'
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.
DOC. 2003114923 0.P.R.W.C.
(63.777 AC.)
4
01/4591,1641 ��ON
q0 Xb5 SOUvG-
pNO�E ,,82
)-
•
/
•
4
GN � iv41
Fl k.N EPS
O`4% 1.!..( 0 /
/20 EL�G V0
9/
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
P.R.W.C.
• v
¢i•i
SSOFt
LOT 1
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
180.98
1545.00
06'42'42"
90.60
N18'05'44"W
180.88
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N 15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT T 1E4 OF AN OWNERSHIP AND EASEMENT
REPORT.
ROUND ROCK
INDUSTRIAL PARK
CAB. C, SL. 293
P.R.W.C.
.a�
•
,`'OFESS�� -�
0` SURA /
04/09/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR N0. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROACHISHOLM—RTG\DWG\PARCELS\CALDWELL_ROW_REV1.DWG
ANCHOR TWO
\ CAB. P, SL. 122
P.R.W.C.
LEGEND
• 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY'
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/09/09
ISSUED: 03/05/09
PAGE 5 OF 5
SURVEYED BY:
McGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ KNOW ALL BY THESE PRESENTS:
That BARBARA LOU CALDWELL, NANCY ANN OLSON, AND GARY RALPH
PETERSON and their successors and assigns, ("Grantors"), for and in consideration of the sum
of SIX THOUSAND NINE HUNDRED and 16/100 Dollars ($6,916.00) 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, do hereby GRANT, SELL and CONVEY unto Grantee
certain rights and interests in the nature of a perpetual public utility easement and right-of-way
in, upon, over, under, above and across the following described property, to -wit:
See Exhibit "A" describing a 0.1588_ acre tract of land, more or less, said tract
described in further detail by metes and bounds in Exhibit "A" (Parcel 17E):
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
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 public utilities, to -wit: electric
transmission and distribution lines, telecommunication and cable television lines, water lines,
natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and
related equipment, stormwater lines, drainage systems and structures, all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities,
drainage 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
Grantors in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantors covenant not to convey any other easement or conflicting rights within the premises
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 easement or
conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
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 Grantors' private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantors 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 shall remain the property of Grantee.
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 Grantors do hereby bind themselves, their
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, Grantors have caused this instrument to be executed on this
the day of the month of , 2009.
GRANTORS:
Gary Ralph Peterson
Barbara Lou Caldwell Nancy Ann Olson
2
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on this the day of the month of
, 2009, by
in the capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
EXHIBIT 4 --
Page 1 of 3
Public Utility Easement
April 8, 2009
PROPERTY DESCRIPTION FOR PARCEL 17-E
DESCRIPTION OF 0.1588 OF ONE ACRE (6,916 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, AND OUT OF THAT TRACT DESCRIBED AS 7.12 ACRES IN A DEED TO
BARBARA LOU CALDWELL, NANCY ANN OLSON, AND GARY RALPH
PETERSON, OF RECORD IN VOLUME 768, PAGE 589, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.1588 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the northeast corner of this tract, the southeast
corner of that tract described as 83.167 acres in a deed to Chisholm Trail Developers
Venture, LTD., of record in Document Number 2003114923, Official Public Records,
Williamson County, Texas, and the southwest corner of that tract described as 1.273
acres in a deed dedicated as right-of-way (ROW), of record in Document Number
2003093096, Official Public Records, Williamson County, Texas, same being in the
north line of said Caldwell, Olson, Peterson tract and at an angle point in the existing
west ROW line of Chisholm Trail;
THENCE, with the east line of this tract crossing said Caldwell, Olson, Peterson tract, the
following three (3) courses, numbered 1 through 3;
1) S14°44'23"E 86.39 feet to a 1/2" iron rod set with a plastic cap;
2) with a curve to the left, whose intersection angle is 06°42'42", radius is 1545.00
feet, an arc distance of 180.98 feet, the chord of which bears S18°05'44"E
180.88 feet to a 1/2" iron rod set with a plastic cap; and
3) S21°27'06"E 78.09 feet to a 1/2" iron rod set with a plastic cap at the southeast
corner of this tract, same being in the south line of said Caldwell, Olson,
Peterson tract and the north line of that tract described as 8.16 acres in a deed to
Herbert L. Peterson and wife, Lucretia Peterson, of record in Volume 352, Page
13, Deed Records, Williamson County, Texas, from which a 3/4" iron pipe
found at the southeast corner of said Caldwell, Olson, Peterson tract and the
northeast corner of said Peterson tract, same being in the existing west ROW line
of Chisholm Trail bears N83°05' 14"E 10.19 feet;
4) THENCE, with the south line of this tract and said Caldwell, Olson, Peterson tract
and the north line of said Peterson tract, S83°05'14"W 20.66 feet to a 1/2" iron rod
set with a plastic cap at the southwest corner of this tract;
EXHIBIT
Page 2 of 3
Public Utility Easement
April 8, 2009
THENCE, with the west line of this tract, crossing said Caldwell, Olson, Peterson tract,
the following three (3) courses, numbered 5 through 7;
5) N21°27'06"W 72.90 feet to a 1/2" iron rod set with a plastic cap;
6) with a curve to the right, whose intersection angle is 06°42'43", radius is
1565.00 feet, an arc distance of 183.33 feet, the chord of which bears
N18°05'44"W 183.23 feet to a 1/2" iron rod set with a plastic cap; and
7) N14°44'23"W 89.92 feet to a 1/2" iron rod set with a plastic cap at the
northwest corner of this tract, same being in the north line of said Caldwell,
Olson, Peterson tract and the south line said Chisholm Trail Developers tract;
8) THENCE, with the north line of this tract and said Caldwell, Olson, Peterson tract
and the south line of said Chisholm Trail Developers tract, N85°17'20"E 20.31 feet
to the POINT OF BEGINNING and containing 0.1588 of one acre (6,916 square
feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description 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 Austin, Travis County, Texas, this the
8th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Site 6ustin Texas 78731 (512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (Caldwell_ESMT)
Issued 3/5/2009; Revised 4/8/09
RE: CITY OF ROUND ROCK SKETr'' TO ACCOMPANY DESCRIPTION Or
0.1588 A.. OR 6,916 SQ. FT. OF LAND OU. OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.
DOC. 2003114923 0.P.R.W.C.
(83.167 AC.)
(S86'39'56"W 377.76') _
(N87'20'E 135.97 VRS) = 377.69'
DAVID CURRY SURVEY
ABSTRACT NO. 130
0.1588 AC.
6,916 SQ.FT.
BARBARA LOU CALDWELL, NANCY ANN OLSON,
AND GARY RALPH PETERSON
VOL. 768, PG. 589 D.R.W.C.
(7.12 AC.)
PIPE LINERIGHT ---- _
VOL. 427, PG 423 AND EASEMENT
PARTIAL RELEASE OF4
D.R.W.C.
VOL. 721, PG. 637 D.R .CEF`i7
(58512'W 314.85 5) = 874.58'
LINE TABLE
LINE BEARING LENGTH
L1
N85.31'55'E
15.23
L2
N83.05'14'E
10.19
L3
S83'05'14'W
20.66
L4
N85'17'20'E
20.31
g
HERBERT L. PETERSON AND WIFE,
LUCRETIA PETERSON
VOL 352, PG. 13 D.R.W.C.
(8.16 AC.)
----
CURVE
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
C2
180.98
183.33
1545.00
1565.00
06'42'42"
06'42'43"
90.60
91.77
S18'05'44"E
N18'05'44"W
180.88
183.23
n
*o!:
00A1 °5t:"
0 o
IP ��0
-3O-s•s.
co 070
o••
11;t• %)112 .
N �� .
0
3/4" n .
c'C..
•
'0 'O.
V. Q •
17)
)-
L3 L2
otn
aa
0 )
O.
��(ss
0�0
t a0
LOT 1
RICARDO ZUNIGA
DOC. 2000052078
0.P.R.W.C.
SCALE 1" = 100'
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.
DOC. 20031
14923 0.P.R.W.C.
(63.777
AC.)
vME‘41
0,102-60
%g‘GPQG.8/
13,
NO/Q v t.
CENTERLINE OF LONESTAR GAS LINE EASEMENT
CAB. P, St. 120 P.R.W.C.
a.
-o
5/8"
LOT 1
BLOCK A
ANCHOR ONE
CAB. P, SL. 120-121
P.R.W.C.
/DR`1' 5. €L
`/paNG., 56/
15 R G St%
ROUND ROCK
INDUSTRIAL PARK
CAB. C, SL. 293
P.R.W.C.
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N 15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENE.,Y"a ' N OWNERSHIP AND EASEMENT
REPORT. OF
H-IS,O
..................
SU
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO.3 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROACHISHOLM-RTG\DWGVARCELS\CALDWELLESMT_REV1.DWG
04/08/09
LEGEND
LOT 1
ANCHOR TWO
CAB. P, SL. 122
P.R.W.C.
• 1/2" IRON ROD FOUND
0 IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 3 OF 3
SURVEYED BY:
McGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
DATE: September 14, 2009
SUBJECT: City Manager Approval — September 18, 2009
ITEM: Consider executing a Real Estate Contract with Barbara Caldwell, Nancy Olson and Gary
Peterson for the purchase of 0.0796 of one acre and 0.1588 of one acre public utility
easement of land necessary for the Chisholm Trail Project (Parcel 17).
Department:
Staff Person:
Legal
Don Childs/Steve Sheets
Justification: This right-of-way is necessary for the improvement to Chisholm Trail.
Funding:
Cost:
$22,804.00
Source of funds: 2002 GO Bonds
Outside Resources:
Background Information: This is a request for execution of a contract to acquire 0.0796 of
one acre in fee and 0.1588 of one acre for a public utility easement for the Chisholm Trail
Project. The purchase price is $2,016.00 above the appraised value of the proposed acquisition.
Public Comment:
UPDATED APRIL 2008