CM-10-01-025Chisholm Trail — Parcel 2
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between WALTER
RENNA, JR., (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 ("Property"):
1) All of that certain 0.0548 of one acre (2,387 square feet) of land, more or
less, out of the Jacob M. Harrell Survey, Abstract No. 284, Williamson
County, Texas, and out of that tract described as 1.60 acres in a deed to
Walter Renna, Jr., of record in Document Number 9660138, Official
Records, Williamson County, Texas; said 0.0548 of one acre of land being
more particularly described by metes and bounds in Exhibit "A" attached
hereto and incorporated herein:
2) Public Utility Easement interest in and across all of that certain 0.0546 of
one acre (2,380 square feet) of land, more or less, out of the Jacob M.
Harrell Survey, Abstract No. 284, Williamson County, Texas, and out of
that tract described as 1.60 acres in a deed to Walter Renna, Jr., of record
in Document Number 9660138, Official Records, Williamson County,
Texas; said 0.0546 of one acre of land being more particularly described
by metes and bounds in Exhibit "B" attached hereto and incorporated
herein:
This purchase also includes any improvements and fixtures situated on and attached to the
Property described in Exhibit A 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 shall be the sum of SIXTEEN THOUSAND
ONE HUNDRED THREE and 00/100 Dollars ($16,103.00).
180878/m1
2.01.1. As additional compensation Purchaser shall pay the amount of FIVE HUNDRED
SIXTY and 00/100 Dollars ($560.00) for any improvements located on the Property and for any
damages to the remaining property of Seller.
Payment of Purchase Price
2.03. The Purchase Price and Additional Compensation, if any, shall be payable in cash at
the closing.
Special Provisions
2.04. As an obligation which will survive the closing of this transaction Purchaser agrees
that the tree as shown on the Property in Exhibit "D" shall not be removed as part of the Chisholm
Trail Improvement Project or installation of utilities within the easement area granted herein. As
an additional obligation, during construction on the Property Purchaser shall undertake standard
tree protection measures for the tree shown in Exhibit "D",, and according to the details and
specifications as shown on Exhibit "E" attached hereto and incorporated herein.
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 Seller 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.
2
JtL
Miscellaneous Conditions
3.04. 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
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:
(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) Seller has 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.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before January 20, 2009, 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
(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 Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title to all of the Property as shown in Exhibit "A", and a duly
executed and acknowledged Public Utility Easement to the Property shown in Exhibit "B", 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
3
(c) Any exceptions approved by Purchaser in writing.
The form of the Public Utility Easement to be executed shall be as shown in Exhibit "C".
(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:
(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."
(3) Deliver to Purchaser possession of the Property if not previously done.
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 Seller's.
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
)0(
(4) Attorney's fees paid by each respectively.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the 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 Seller in the event
Purchaser breaches this Contract as provided herein. At the closing, the Escrow Deposit shall be
paid over to Seller 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.
ARTICLE VII
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 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 Seller not being in default hereunder, Seller 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 Seller agrees to accept and take this cash payment as their
total damages and relief and as Seller's 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 Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
5
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.
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.
6
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 Seller agrees 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.
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
PURCHASER:
CITY OF ROUND ROCK
By:
R. Nuse
Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: ' -291-'1 D
8
Pt
EXHIBIT f011'
Page 1 of 3
ROW
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 2
DESCRIPTION OF 0.0548 OF ONE ACRE (2,387 SQUARE FEET) OF LAND OUT
OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON
COUNTY, TEXAS AND OUT OF THAT TRACT DESCRIBED AS 1.60 ACRES IN A
DEED TO WALTER RENNA, JR., OF RECORD IN DOCUMENT NUMBER 9660138,
OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.0548 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 southwest
corner of Lot 1, Block A, Chisholm Trail Office Park, a subdivision of record in Cabinet
DD, Slide 46, Plat Records, Williamson County, Texas and of that tract described in a
deed to Chisholm Trail Office Park, L.P., of record in Document Number 2007062474,
Official Public Records, Williamson County, Texas and the southeast corner of that tract
dedicated as right-of-way on plat recorded in Cabinet A, Slide 329, Plat Records,
Williamson County, Texas, same being in the north line of said Renna tract and at an
angle point in the existing east right-of-way (ROW) line of Chisholm Trail from which a
1/2" iron rod found at the northeast corner of said Renna tract bears N69°34'32"E 283.23
feet;
1) THENCE, with the east line of this tract, crossing said Renna tract, S21°49'56"E
238.06 feet to a 1/2" iron rod found at the southeast corner of this tract, the northwest
corner of Lot 1 of the Resubdivision of Round Rock Center West (Revised), of
record in Cabinet E; Slide 68-69, Plat Records, Williamson County, Texas and of
that tract described in a deed to Chisholm/Bass Round Rock K/C, Ltd., of record in
Document Number 2006007781, Official Public Records, Williamson County, Texas
and the northeast corner of that tract dedicated as right-of-way on said plat of the
Resubdivision of Round Rock Center, same being in the south line of said Renna
tract and at an angle point in the existing east ROW line of Chisholm Trail;
2) THENCE, with the south line of this tract and said Renna tract and the north line of
dedicated right-of-way on Resubdivision of Round Rock Center and the existing east
ROW line of Chisholm Trail S70°03'18"W 10.05 feet to a to a 1/2" iron rod found at
the southwest corner of this tract and said Renna tract and the northwest corner of
said dedicated right-of-way on Resubdivision of Round Rock Center, same being an
angle point in the east line of Chisholm Trail;
3) THENCE, with the west line of this tract and said Renna tract and the existing east
ROW line of Chisholm Trail, N21°49'26"W 238.00 feet to a 1/2" iron rod found at
the northwest corner of this tract and said Renna tract and the southwest corner of the
dedicated right-of-way in Cabinet A, Slide 329, same being an angle point in the east
line of Chisholm Trail;
EXHIBIT
Page 2 of 3
ROW
March 5, 2009
4) THENCE, with the north line of this tract and said Renna tract, and the south line of
dedicated right-of-way in Cabinet A, Slide 329 and the existing east ROW line of
Chisholm Trail, N69°40'57"E 10.01 feet to to the POINT OF BEGINNING and
containing 0.0548 of one acre (2,387 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
5111 day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite,6 Austin, Texas 78731
(512) 451-8591
Le/
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RENNA ROW) Issued 3/5/09
M
RE: CITY OF ROUND ROCK `-ETCH TO ACCOMPANY DESCRIPTI{'.
OF AC, OR 2,387 SQ. FT. OF LANL OUT OF
THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
oW
LOT 1, BLOCK A
CHISHOLM TRAIL OFFICE PARK, L.P.
DOC. 2007062474 ,o
O,P.R.W.C.
521'i
N6g'300 2g
/
/
P.O.B.
CHISH0124 TRAIL OFFICE PARK
CAB. DD, SLIDE 46
-
0.0548 AC.
2,387 SQ.FT.
N,
01y ,.
.
•
'73o .
x• •
`°0 o •
0•
10 0 .
.
.o
JACOB M. HARRELL SURVEY
ABSTRACT NO. 284
WALTER RENNA, JR.
DOG. 9660138
O.R.W.C.
(1.60 AC.)
\ \\
SCALE 1" = 60'
LOT 2
RESUBDIVISION OF
ROUND ROCK CENTER
\ CAB. E, STT(REVISED)
SL. 68-69
\ 1\ P.R.W.C.
c --\c"1 '
a`� •
Nw\NW
� •0.
LINE TABLE
LINE
BEARING
LENGTH
Ll
L2
S70.03'18'W
N69'40'57'E
10,05
10.01
(51\'315g1�$5'
N6i
.1\-35
.50� � f i
2d 9
/ • / LOT 1
•/
/?• •
•
RESUBDIVISION OF
ROUND ROCK CENTER
\' WEST (REVISED)
c • CAB. E, SL. 68-69
- C \ P.R.W.C.
CHISHOLM/BA55 ROUND ROCK K/C, LTD
DOC. 2006007781
0.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
N15'04'02"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 BENEFIT OF AN OWNERSHIP AND EASEMENT
REPORT.
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 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 o description to
accompany this plat.
M:\SOSKPROJ\CHISHOLM_RTG\DWG\PARCELS\RENNA_ROW.DWG
LEGEND
® 1/2" IRON ROD FOUND
P.O.R. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBUC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
McGRAY, & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.:
112
EXHIBIT
Page 1 of 3
Public Utility Easement
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 2-E
DESCRIPTION OF 0.0546 OF ONE ACRE (2,380 SQUARE FEET) OF LAND OUT
OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON
COUNTY, TEXAS AND OUT OF THAT TRACT DESCRIBED AS 1.60 ACRES IN A
DEED TO WALTER RENNA, JR., OF RECORD IN DOCUMENT NUMBER 9660138,
OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.0546 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 northwest corner of this tract, the southwest
corner of Lot 1, Block A, Chisholm Trail Office Park, a subdivision of record in Cabinet
DD, Slide 46, Plat Records, Williamson County, Texas and of that tract described in a
deed to Chisholm Trail Office Park, L.P., of record in Document Number 2007062474,
Official Public Records, Williamson County, Texas and the southeast corner of that tract
dedicated as right-of-way on plat recorded in Cabinet A, Slide 329, Plat Records,
Williamson County, Texas, same being in the north line of said Renna tract and at an
angle point in the existing east right-of-way (ROW) line of Chisholm Trail from which a
1/2" iron rod found at the northwest corner of said Renna tract bears S69°40'57"W 10.01
feet;
1) THENCE, with the north line of this tract and said Renna tract and the south line of
said Lot 1 and said Chisholm Trail Office Park tract, N69°34'32"E 10.00 feet to a
1/2" iron rod set with a plastic cap at the northeast corner of this tract from which a
1/2" iron rod found at the northeast corner of said Renna tract bears N69°34'32"E
273.23 feet;
2) THENCE, with the east line of this tract, crossing said Renna tract, S21°49'56"E
238.05 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 Renna tract and the north line of Lot 1 of
the Resubdivision of Round Rock Center West (Revised), of record in Cabinet E,
Slide 68-69, Plat Records, Williamson County and of that tract described in a deed to
Chisholm/Bass Round Rock IC/C, LTD., of record in Document Number
2006007781, Official Public Records, Williamson County, Texas from which a 1/2"
iron rod found at the southeast corner of said Renna tract bears N69°31'59"E 272.84
feet;
EXHIBIT
Page 2 of 3
Public Utility Easement
March 5, 2009
3) THENCE, with the south line of this tract and said Renna tract and the north line of
said Lot 1 of the Resubdivision of Round Rock Center West and said Chisholm/Bass
Round Rock K/C tract, S69°31'59"W 10.00 feet to a 1/2" iron rod found at the
southwest corner of this tract and said Renna tract and the northwest corner of said
Lot 1 of the Resubdivision of Round Rock Center West and said Chisholm/Bass
Round Rock K/C tract, and the northeast corner of that tract dedicated as ROW in
said plat of Resubdivision of Round Rock Center West and an angle point in the
existing east ROW line of Chisholm Trail from which a 1/2" iron rod found at the
southwest corner of said Renna tract bears S70°03' 18"W 10.05 feet;
4) THENCE, with the west line of this tract, crossing said Renna tract, N21°49'56"W
238.06 feet to the POINT OF BEGINNING and containing 0.0546 of one acre
(2,380 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
5th day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RENNA ESMT) Issued 3/5/09
RE: CITY OF ROUND ROCK ` 'TCH TO ACCOMPANY DESCRIPTIO'
OF 0.054, AC. OR 2,380 SQ. FT. OF LANE JUT OF
THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
/
CHISHOLM TRAIL OFFICE PARK /
CAB. DD, SLIDE 46
P.R.Yl.C.
LOT 1, BLOCK A
CHISHOLM TRAIL OFFICE PARK, L.P.
DOC. 2007062474
O.P.R.W.C.
0.0546 AC.
2,380 SQ.FT.
n
1.�
/
\
\
JACOB M. HARRELL SURVEY
ABSTRACT NO. 284
WALTER RENNA, JR.
DOC. 9660138
0.R.W.C.
(1.60 AC.)
SCALE 1" ^ 60'
LOT 2
RESUBDMSION OF
ROUND ROCK CENTER
\ \ WEST (REVISED)
CAB. E, SL. 68-69
P.R.W.C.
—N—
LINE TABLE
LINE
BEARING
LENGTH
Ll
N69•3 4'32'E
10,00
L2
S69.31'59'W
10,00
L3
S70.03'18nd
10.05
L4
369.40'57'W
10.01
Z92 g31
isiv330`'giF,.�2 Zg31
N69 ...----.‘11 / • \ RESUBDIVISION OF
/ 330 / ' . \ ROUND ROCK CENTER
/ / t51, / . - rs IS WEST (REVISED)
/ ----,0110‘) \ c. ' CAB. E, SL. 68--69
,-- / _• • / 2O • � \ P.R.W.C.
j ' LOT 1 \
' CHISHOLM/BASS ROUND ROCK K/C, LTO
DOC. 2006007781
O.P.R.W.C. .
/
/•f
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
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. TI -HS SURVEY WAS PERFORMED WITHOUT THE BEI ; i OF AN OWNERSHIP AND EASEMENT
REPORT.
C.
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 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:\SOSKPROJ\CHISHOLM-RTG\DWG\PARCELS\RENNA_ESMT.DWG
LEGEND
O 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 Of 3
MCGRAY & McGRAY
LAND' SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN. TEXAS 78731
(512) 451-8591
JOB NO.: 08f 12
EXHIBIT
C
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That WALTER RENNA, JR. and his successors and assigns, ("Grantor"), for and in
consideration of the sum of Ten 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 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 0.0546 acre tract of land, more or less, said tract
described in further detail by metes and bounds in Exhibit "A" (Parcel 2E):
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
Grantor 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 Grantor covenants 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 Grantor's private roads or lanes on the lands;
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.
(c)
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 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 , 2009.
2
GRANTOR:
Walter Renna, Jr.
State of
County of
Acknowledgment
This instrument was acknowledged before ine on this the day of
2009 by Walter• Renna, Jr., in the capacity and for the consideration and purposes recited herein.
Notary Public, State of
h�
EXHIBIT
Page 1 of 3
Public Utility Easement
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 2-E
DESCRIPTION OF 0,0546 OF ONE ACRE (2,380 SQUARE FEET) OF LAND OUT
OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO, 284, WILLIAMSON
COUNTY, TEXAS AND OUT OF THAT TRACT DESCRIBED AS 1.60 ACRES IN A
DEED TO WALTER RENNA, JR., OF RECORD IN DOCUMENT NUMBER 9660138,
OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.0546 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 northwest corner of this tract, the southwest
corner of Lot 1, Block A, Chisholm Trail Office Park, a subdivision of record in Cabinet
DD, Slide 46, Plat Records, Williamson County, Texas and of that tract described in a
deed to Chisholm Trail Office Park, L.P., of record in Document Number 2007062474,
Official Public Records, Williamson County, Texas and the southeast corner of that tract
dedicated as right-of-way on plat recorded in Cabinet A, Slide 329, Plat Records,
Williamson County, Texas, same being in the north line of said Renna tract and at an
angle point in the existing east right-of-way (ROW) line of Chisholm Trail from which a
1/2" iron rod found at the northwest corner of said Renna tract bears S69°40'57"W 10.01
feet;
1) THENCE, with the north line of this tract and said Renna tract and the south line of
said Lot 1 and said Chisholm Trail Office Park tract, N69°34'32"E 10.00 feet to a
1/2" iron rod set with a plastic cap at the northeast corner of this tract from which a
1/2" iron rod found at the northeast corner of said Renna tract bears N69°34'32"E
273.23 feet;
2) THENCE, with the east line of this tract, crossing said Renna tract, S21°49'56"E
238.05 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 Renna tract and the north line of Lot 1 of
the Resubdivision of Round Rock Center West (Revised), of record in Cabinet E,
Slide 68-69, Plat Records, Williamson County and of that tract described in a deed to
Chisholm/Bass Round Rock K/C, LTD., of record in Document Number
2006007781, Official Public Records, Williamson County, Texas from which a 1/2"
iron rod found at the southeast corner of said Renna tract bears N69°31'59"E 272.84
feet;
EXHIBIT 4
Page 2 of 3
Public Utility Easement
March 5, 2009
3) THENCE, with the south line of this tract and said Renna tract and the north line of
said Lot 1 of the Resubdivision of Round Rock Center West and said Chisholm/Bass
Round Rock K/C tract, 569°31'59"W 10.00 feet to a 1/2" iron rod found at the
southwest corner of this tract and said Renna tract and the northwest corner of said
Lot 1 of the Resubdivision of Round Rock Center West and said Chisholm/Bass
Round Rock K/C tract, and the northeast corner of that tract dedicated as ROW in
said plat of Resubdivision of Round Rock Center West and an angle point in the
existing east ROW line of Chisholm Trail from which a 1/2" iron rod found at the
southwest corner of said Renna tract bears S70°03'18"W 10.05 feet;
4) THENCE, with the west line of this tract, crossing said Renna tract, N21°49'56"W
238.06 feet to the POINT OF BEGINNING and containing 0.0546 of one acre
(2,380 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 1, 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
5th day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RENNA ESMT) Issued 3/5/09
RE: CITY OF ROUND ROCK
ITCH TO ACCOMPANY DESCRIPTIO
OF 0.064, AC. OR 2,380 SQ. FT. OF LAN') OUT OF
THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOT 1, BLOCK A
CHISHOLM TRAIL OFFICE PARK, L.P.
DOC. 2007062474
O.P.R.W.C.
O
IMO
•
73
0 N
• cc%l�.
Ip
SOj pE 2g3 ZCi
/ / ' E
/
CHISHOLM TRAIL OFFICE PARK
CAB. DD, SLIDE 46
P.R.W.C.
/ Zg j I/
°�N323
0.0546 AC.
2,380 SQ.FT.
. ,p
/
SCALE 1" = 60'
LOT 2
\ \\
\•_ ROUND ROCK CENTER
\ \ WEST (REVISED)
CAB. E, SL. 68-69
P.R.W.C.
JACOB M. HARRELL SURVEY
ABSTRACT NO. 284
WALTER RENNA, JR.
DOC. 9660138
O.R.W.C.
(1.60 AC.)
RESUBDIVISION OF
LINE TABLE
LINE
BEARING
LENGTH
LI
N69'34'32'E
10.00
L2
S69'31'59'W
10.00
L3
S70.03'18'11
10.05
L4
S69'40'57'W
10.01
/
•
/ s' _• • /
292 B1;i �
'14
isI\3\,5114
g� Zg5.
Nbia� 2 •
(sS\' urs
• / Z4
LOT 1
CHISHOLM/BASS ROUND ROCK K/C. LTD
DOC. 2006007781
0.P.R.W.C. •
. RESUBDIVISION OF
ROUND ROCK CENTER
\ WEST (REVISED)
\\'\ CAB. E, SL. 68-69
• ^ 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
N15'04'02"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 B 1 OF AN OWNERSHIP AND EASEMENT
REPORT.
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 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:\SDSKPROJ\CH1 SHOLM-RTG\DWG\PARCELS\RENNA_ESMI :DWG
LEGEND
•�
O 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBUC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
McGRAY Sc McGRAY
LAND' SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
11/26 /2)9
0
8
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EXHIBIT
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MATCH LINE STA. 51400.04:5
A
(1 O' -o")
MAXIMUM 1 ``
DRIPLINE (VARIES)
FENCE LOCATION
(OMITS OF CRITICAL ROOT ZONE)
RADIUS=1 FOOT PER INCH
OF TRUNK DIAMETER
�r TREE PROTECTION FENCE - CHAIN LINK
LIMITS OF WOOD CHIP MULCH AREA AND DISTANCE FROM TRUNK
TO WORK AREA SHALL BE SUBJECT TO THE APPROVAL OF THE
FORESTRY MANAGER.
OF TRUNK DIAMETER
*AS NEEDED TO PROVIDE NECESSARY WORK SPACE
IF LESS THAN 5', THEN ADD BOARDS STRAPPED TO TRUNK.
1
WOOD CHIP MULCH AREA
(4"-6" DEPTH)
TREE PROTECTION FENCE (MODIFIED) - CHAIN LINK
TRE ARCHTTECTANOINEER ASKO=
RESPONonourt FOR Sas APPROPRters
USE OF 1864 DETAIL
CITY OF ROUND ROCK
TREE PROTECTION FENCE -CHAIN LINK
10 19 09
Request for City Council/City Manager Action
[al City Council Ell City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin
Project Mgr/Resource:
Project Coordinator:
Assigned Attorney: Don Childs/Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
For Ac6iiliirk r15.1Q ONLY
! 2 rr 2];
Received: J
Tag#: �-i0.01-0ZS"
Original Documents Received:
Project Name: Chisholm Trail Parcel 2
ContractorNendor: Walter Renna
Funding Source: RR Trans Dev Corp Construction
Additional funding Source:
Amount:
Account Number:
Januray 29, 2010
516,663.00
Consider executing a Real Estate Contract with Walter Renna for the purchase of 0.0548 of one acre of land and 0.0546 acre of Public Utility Easement necessary for the Chisholm Trail Project
(Parcel 2).
Finance Information
Is Funding Required?
Yes
9
No
Initial Construction Contract
Construction Contract Amendment # _
Change Order #
JChange in Quantity =Unforeseen Circumstances
Initial Professional Services Agreement
Q Supplemental Professional Service Agreement #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
XX Other (Please clearly identify action below)
Real Estate Contract
FINANCE
WA Approved
Finance/CIP k.01
Finance/Acct
Purchasing EE Bowden
Budget P. Bryan
APPROVALS
it completedONLYbyFinance)
Final Finance Approval Requ
Approved
Date 01/26/2010
Date
Date 01/26/2010
Date 01/26/2010
Amount
$16,663.00
Appraisal $16,663
Cheryl Delaney
Finance Director''
01/26/2
Date
nce approvals have been obtained, please forward the RFA, blue sheet; backup information and origrnats to City Secretary, Sara White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL City Council and Citv Manager Items
Project Mgr. Signature: Lisa Dworaczyk
Dept. Director Signature:
*City Attorney Signat
City Manager Signature:
Date: 01/25/2()10
Date:
Date: as/ /0
Date: 1 -z47- pp *City Attorney signature is required for all items.
REVISED 01/27/2010
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource: Don Childs
F]Council Action:
ORDINANCE
Agenda Wording
Project Name: Chisholm Trail - Parcel 2
ContractorNendor: Walter Renna
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Real Estate Contract with Walter Renna for the purchase of 0.0548 of one acre of land necessary for the
Chisholm Trail Project (Parcel 2).
Attorney Approval
ElAttorney
Notes/Comments
Date
l)
The purchase price is an approved counter-offer with the land owner.
O:\wdox\SCCInts\91199\0002\M ISC100181479.XLS
Updated 6/3/08
DATE: January 29, 2010
SUBJECT: City Manager Approval —
ITFM: Consider executing a Real Estate Contract with Chisholm Trail Business Center
Condominium for the purchase of 0.0548 of one acre of land and a 0.0546 acre
public utility easement necessary for the Chisholm Trail Project (Parcel 2).
Department:
Staff Person:
Legal
Don Childs/Steve Sheets
Justification: This right-of-way is necessary for the improvement to Chisholm Trail.
Strategic Plan Relevance:
Funding:
Cost: $16,663.00
Source of funds: Round Rock Transportation Development Corp. Construction
Outside Resources (if applicable):
Public Comment (if applicable):
UPDATED APRIL 2008