CM-10-02-034Chisholm Trail — Parcel 1
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between TRI -DAL
REAL ESTATE, LTD., a Texas limited partnership, (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 0.0042 of one acre (184 square feet) of land, more or
less, out of Lot 2, Block A, Chisholm Trail Industrial Park, a Subdivision
of Record in Cabinet R, Slide 99-100, Plat Records, Williamson County,
Texas, and out of that tract described in a deed to Tri Dal Real Estate, Ltd.,
of Record in Document Number 2000051387, Official Public Records,
Williamson County, Texas; Said 0.0042 of one acre of land being more
particularly described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein:
2) All of that certain 0.0040 of one acre (174 square feet) of land, more or
less, out of Lot 2, Block A, Chisholm Trail Industrial Park, a Subdivision
of Record in Cabinet R, Slide 99-100, Plat Records, Williamson County,
Texas, and out of that tract described in a deed to Tri Dal Real Estate, Ltd.,
of Record in Document Number 2000051387, Official Public Records,
Williamson County, Texas; Said 0.0040 of one acre of land being more
particularly described by metes and bounds in Exhibit "B" attached hereto
and incorporated herein:
3) Slope Easement interest in and across all of that certain 0.0585 of one acre
(2,547 square feet) of land, more or less, out of Lot 2, Block A, Chisholm
Trail Industrial Park, a Subdivision of Record in Cabinet R, Slide 99-100,
Plat Records, Williamson County, Texas, and out of that tract described in
a Deed to Tri Dal Real Estate, Ltd., of Record in Document Number
2000051387, Official Public Records, Williamson County, Texas; said
0.0585 of one acre of land being more particularly described by metes and
bounds in Exhibit "C" attached hereto and incorporated herein:
180408/m1
yo- o-ol_-otf
This purchase also includes any improvements and fixtures situated on and attached to the
Property described in Exhibits "A" and "B" 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 SIX THOUSAND ONE
HUNDRED EIGHTY and 00/100 Dollars ($6,180.00).
2.01.1. As additional compensation Purchaser shall pay the amount of TEN THOUSAND
THREE HUNDRED SIXTY and 00/100 Dollars ($10,360.00) 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.
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
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 February 20, 2010, 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 Exhibits "A" and "B", and
a duly executed and acknowledged Slope Easement to the Property shown in Exhibit "C", 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 Slope Easement to be executed shall be as shown in Exhibit "D".
(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
(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
TRI -DAL REAL ESTATE, LTD.,
a Texas limited partnership
By:
0 / jl/�i
Its: ✓'6 Kees-4O£!/T/Ca
Date:
a/® ,i//a
PURCHASER:
CITY OF ROUND ROCK
By:
Jaynes R. Nuse
City jvlanager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 2' 12.-2010
SELLER:
8
EXHIBIT 4
Page 1 of 3
ROW
April 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 1 (PART 1)
DESCRIPTION OF 0.0042 OF ONE ACRE (184 SQUARE FEET) OF LAND OUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK, A SUBDIVISION OF
RECORD IN CABINET R, SLIDE 99-100, PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO TRI
DAL REAL ESTATE, LTD., OF RECORD IN DOCUMENT NUMBER 2000051387,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0042 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, said Lot 2, and
said Tri Dal tract and the southeast corner line of Lot 1 of said Chisholm Trail Industrial
Park and of that tract described in a declaration of condominium regime for Chisolm
Trail Business Center Condominium, of record in Document Number 2005022834,
Official Public Records, Williamson County, Texas, same being in the existing west
right-of-way (ROW) line of Chisholm Trail and the west line of that tract dedicated as
right-of-way on said plat of Chisholm Trail Industrial Park;
THENCE, with the east line of this tract, said Lot 2, and said Tri Dal tract and the
existing west ROW line of Chisholm Trail and the west line of said additional dedicated
ROW, the following two (2) courses, numbered 1 and 2;
1) with a curve to the right, whose intersection angle 01°44'40", radius is 360.00
feet, an arc distance of 10.96 feet, the chord of which bears S12°49'01"E 10.96
feet to a 1/2" iron rod found; and
2) with a curve to the left whose intersection angle is 09°20'40", radius is 440.00
feet, an arc distance of 71.76 feet, the chord of which bears S16°36'55"E 71.68
feet to a 1/2" iron rod set with a plastic cap at the south corner of this tract;
3) THENCE, with the west line of this tract, crossing said Lot 2 and said Tri Dal tract,
N20°49'36"W 82.25 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 Lot 2 and said Tri Dal tract
and the south line of said Lot 1 and said Chisolm Trail Business Center Condominium
tract;
EXHIBIT 4
Page 2 of 3
ROW
April 13, 2009
4) THENCE, with the north line of this tract, said Lot 2, and said Tri Dal tract and the
south line of said Lot 1 and said Chisohn Trail Business Center Condominium tract,
N68°24'03"E 6.79 feet to the POINT OF BEGINNING and containing 0.0042 of one
acre (184 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 TI-IESE 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
lath day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Clu•is Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTIP2A-PI_ROW)
Issued 3/5/2009 Revised 4/13/2009
RE: CITY OF ROUND ROCK
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.0042 AC. OR 184 SQ. FT. OF LAND OUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOT 1, BLOCK A
CALLED 1.456 ACRES
CHISHOLM TRAIL BUSINESS CENTER CONDOMINIUM
DOC. 2005022834
0.P.R.W.C.
CN1
LOT 2, BLOCK A
TRI DAL REAL ESTATE, LTD.
DOC. 2000051387
0.P.R.W.C.
PART 1
0.0042 AC.
184 SQ.FT.
CHISHOLM TRAIL INDUSTRIAL PARK
CAD. R, SL. 99-100
P.R.W.C.
LINE TABLE
LINE
BEARING
LENGTH
LI
N68'24'03'E
6,79
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
10.96
360.00
01'44'40"
5.48
512'49'01"E
10,96
(C1)
(10.95)
(360.00)
(01'44'31")
(510'2619"E
(10.95)
C2
71.76
440.00
09'20'40"
35.96
S16'36'55"E
71.68
(C2)
(71.75)
(440.00)
(09'20'36")
(S1414'21"E)
(71.67)
C3
47.72
360.00
07'35'39"
23.89
N17'28'02"W
47.68
(C3)
(47.76)
(360.00)
(07'36'05")
(S15'06'37"E)
(47.73)
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 BENE OF AN OWNERSHIP AND EASEMENT
REPORT. '
fc:! C1F T tr"
,11
(.4
J
04/13/09
CHRIS CO RAD, REG. PROF. LAND SURVEYOR NO, 5623 DATE
Note: This copy of this plat is not valid unless on original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CT1P2A—P1_ROW_REV1.DWG
11 SCALE 1" = 40'
WALTER RENNA, JR.
DOC. 9660138
O.R.W.C.
(1.60 AC.)
LEGEND
0 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
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
REVISED: 04 13/09
ISSUED: 03/05/09
PAGE 3 OF 3
McGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT /3
Page 1 of 3
ROW
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 1 (PART 2)
DESCRIPTION OF 0.0040 OF ONE ACRE (174 SQUARE FEET) OF LAND OUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK, A SUBDIVISION OF
RECORD IN CABINET R, SLIDE 99-100, PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO TRI
DAL REAL ESTATE, LTD., OF RECORD IN DOCUMENT NUMBER 2000051387,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0040 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 southeast corner of this tract, said Lot 2, and
said Tri Dal tract and the northeast corner of Lot 2 of Killgore Subdivision, of record in
Cabinet L, Slide 350-351, Plat Records, Williamson County, Texas and of that tract
described in a deed to Mark M. Matthews and Tricia K. Matthews, husband and wife, of
record in Document Number 199983079, Official Public Records, Williamson County,
Texas, same being in the existing east right-of-way (ROW) line of Chisholm Trail and at
the southwest corner of that tract dedicated as right-of-way, on said plat of Chisholm
Trail Industrial Park and the northwest corner of that tract dedicated to right-of-way on
said plat of Kilgore Subdivision;
1) THENCE, with the south line of this tract, said Lot 2, Chisholm Trail Industrial Park,
and said Tri Dal tract and the north line of said Lot 2, Kilgore Subdivision, and said
Matthews tract, S66°18'21"W 2.97 feet to a 1/2" iron rod set with a plastic cap at the
southwest corner of this tract from which a 1/2" iron rod found at the northwest
corner of said Lot 2, Kilgore Subdivision bears S66°18'21"W 254.96 feet;
2) THENCE, with the west line of this tract, crossing said Lot 2, Chisholm Trail
Industrial Park and said Tri Dal tract, N24°10'27"W 68.01 feet to a 1/2" iron rod set
with a plastic cap at the north corner of this tract, same being in the east line of said
Lot 2, Chisholm Trail Industrial Park, and said Tri Dal tract and the existing west
ROW line of Chisholm Trail and the west line of said dedicated right-of-way,
Chisholm Trail Industrial Park from which a 1/2" iron rod found in the east line of
said Lot 2, Chisholm Trail Industrial Park and said Tri Dal tract bears S31°48'40"E
1.84 feet;
EXHIBIT /3
Page 2 of 3
ROW
March 5, 2009
3) THENCE, with the east line of this tract, said Lot 2, Chisholm Trail Industrial Park,
and said Tri Dal tract and the existing west ROW line of Chisholm Trail and the west
line of said dedicated right-of-way, Chisholm Trail Industrial Park, with a curve to
the right, whose intersection angle is 10°33'44", radius is 360.00 feet, an arc distance
of 66.36 feet, the chord of which bears S26°31'55"E 66.27 feet to the POINT OF
BEGINNING and containing 0.0040 of one acre (174 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. (CTIP 2A -P2 ROW) Issued 3/5/2009
RE: CITY OF ROUND ROCK
'ETCH TO ACCOMPANY DESCRIPTIC
OF 0.0x. -r0 AC. OR 174 SQ. FT. OF LAND AUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LINE TABLE
LINE
BEARING
LENGTH
Ll
L2
S6618'21'4/
N65'51'48'E
2.97
17,18
LOT 2, BLOCK A
TRI DAL REAL ESTATE, LTD.
DOC. 2 000 051 387
0.P.R.W.C.
CHISHOLM TRAIL INDUSTRIAL PARK
CAB. R, SL. 99-100
P.R.W.C.
—?—
SCALE 1" = 30'
0 •
•
000 '
'O 0
oa1.3 •
PART 2
0.0040 AC.
174 SQ. FT.
31\`' P v
--"•-•
`44c� O \6i /
;;::::::::(< ----
// l
/ ,-
�• LOT 2
/ SSR JE �p. ?c,. -j6
-----------.0),,
a' 10-'-'05,
•40\ -•----KILL
\
/ KILLGORE SUBDIVISION
/ CAB. L, Si.. 350-351
/ LOT 1 P.R.W.C.
MARK M. MATTHEWS
AND TRICIA K. MATTHEWS,
HUSBAND AND WIFE
DOC. 199983079
0.P.R.W.C.
/
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
01
1.84
440.00
0014'23"
0.92
S31'48'40"E
1.84
C2
66.36
360.00
10'33'44"
33.28
S26'31'55"E
66.27
(C2)
(66.36)
(360.00)
(10'33'41")
(52416'24"E)
(66.27)
(C3)
(81.73)
(440.00)
(10'38'35")
(52413'57"E)
(81.62)
•n
\
o
To 15
o
• 0 S
yon
(fo
• N
•
m0
• -0o
• '70o
• �r
"c",r,
COUNTY ROAD 173
CHISHOLM TRAIL
(R.0.W. VARIES)
0 13
.
ON 7
�a • •
io •
N0•
•
LOT 1, BLOCK A
NORTHWEST PETROLEUM, INC.
DOC. 9648621 O.R.W.C.
REPLAT OF LOT 3
KILGORE SUBDIVISION
CAB. M, SLIDE 197
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 "RRO1-007", 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 FIT 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\CHISHOLM—RTG\DWG\PARCELS\CTIP2A—P2—ROW. DWG
LEGEND
• 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
0.P.R.W.C. OFFICIAL PUBLIC 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.: 08-112
EXHIBIT
Page 1 of 3
4,Easement
April 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 1-E
DESCRIPTION OF 0.0585 OF ONE ACRE (2,547 SQUARE FEET) OF LAND OUT
OF LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK, A SUBDIVISION
OF RECORD IN CABINET R, SLIDE 99-100, PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO TRI
DAL REAL ESTATE, LTD., OF RECORD IN DOCUMENT NUMBER 2000051387,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0585 OF
ONE ACRE. OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the north line of said Lot 2 and said Tri Dal tract and the south line of Lot
1 of said Chisholm Trail Industrial Park and the south line of that tract described in a
declaration of condominium regime for Chisolm Trail Business Center Condominium, of
record in Document Number 2005022834, Official Public Records, Williamson County,
Texas, from which a 1/2" iron rod found at the northeast corner of said Lot 2 and said Tri
Dal tract bears N68°24' 03"E 6.79 feet;
1) THENCE, with the east line of this tract, crossing said Lot 2 and said Tri Dal tract
S20°49'36"E 82.25 feet to a 1/2" iron rod set with a plastic cap in the east line of said
Lot 2 and said Tri Dal tract and the existing west right-of-way (ROW) line of
Chisholm Trail and the west line of that tract dedicated as right-of-way on said plat of
Chisholm Trail Industrial Park;
2) THENCE, with the east line of this tract, said Lot 2, and said Tri Dal tract and the
existing west ROW line of Chisholm Trail and of said dedicated right-of-way,
S21°17'16"E 172.43 feet to a 1/2" iron rod set with a plastic cap at the southeast
corner of this tract;
3) THENCE, with the south line of this tract, crossing said Lot 2 and said Tri Dal tract,
S68°42'44"W 10.00 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, continuing across said Lot 2 and said Tri Dal
tract, the following two(2) courses, numbered 4 and 5;
4) N21°17' 16"W 172.47 feet to a 1/2" iron rod set with a plastic cap; and
EXHIBIT C.
Page 2 of 3
Easement
April 13, 2009
5) N20°49'36"W 82.16 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 Lot 2 and said Tri Dal tract
and the south line of said Lot 1 and said Chisolm Trail Business Center
Condominium tract;
6) THENCE, with the north line of this tract, said Lot 2, and said Tri Dal tract and the
south line of said Lot 1 and said Chisolm Trail Business Center Condominium tract,
N68°24'03"E 10.00 feet to the POINT OF BEGINNING and containing 0.0585 of
one acre (2,547 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 TI IhSE 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
13th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591 fi
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTIP2A_ESMT)
Issued 3/5/09 Revised 4/13/2009
RE: CITY OF ROUND ROCK SKETCH TO ACCOMPANY DESCRIPTION
OF 0.0585 AC. OR 2,547 SQ. FT. OF LAND OUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOT 1, BLOCK A
CALLED 1.456 ACRES
CHISHOLM TRAIL BUSINESS CENTER CONDOMINIUM
DOC. 2005022834
0.P.R.W.C.
/
g2�g9i/ /
LOT 2, BLOCK A
TRI DAL REAL ESTATE, LTD.
DCC. 2000051387
0.P.R.W.C.
\
P.O.B.
g
•
0.0585 AC.
2,547 SQ.FT.
00
. p D�
• G •
io •
•
tnTh
w7:4 •.
Seo •
-‘30
CHISHOLM TRAIL INDUSTRIAL PARK
CAB. R, SL. 99-100
LINE TABLE
LINE
BEARING
LENGTH
LI
N68'24'03'E
6.79
L2
S68'42'444W
10.00
L3
N68'24'03'E
10,00
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
10.96
360.00
01'44'40"
5.48
S12'49'01"E
10.96
(C1)
(10.95)
(350.00)
(01'44'31")
(310'26'19"E
(10.95)
C2
47.72
360.00
07'35'39"
23.89
N17'28'02"W
47.68
(C2)
(47.76)
(360.00)
(07'36'05")
(S15'06'37"E)
(47.73)
C3
71.76
440.00
09'20'40"
35.96
S16'36'55"E
71.68
(C3)
(71.75)
(440.00)
(09'20'36")
(514'14'21"E)
(71.67)
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 NEFIT OF AN OWNERSHIP AND EASEMENT
REPORT.
04/13/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot is not valid unless on original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJVHISHOLIA—RTG\DWG\PARCELS\CT1P2A_ESMT_REV2.DWG
\
\
LEGEND
SCALE 1" = 50'
WALTER RENNA, ,JR.
DOC. 9660138
(1.60 AC.)
O
1/2" IRON ROD FOUND
0 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
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/13/09
REVISED: 04/08/09
ISSUED: 0359
PAGE 3 OF 3
SURVEYED BY:
MCGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT
$ nDn
SLOPE EASEMENT
Chisholm Trail Road Reconstruction
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THAT TRI DAL REAL ESTATE LTD., a Texas limited partnership, and their
successors and assigns ("Grantor"), for and in consideration of the sum of TEN and no/100th
DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND
ROCK, TEXAS, ("Grantee"), receipt of which is hereby acknowledged, does hereby Grant, Sell,
Donate and Convey, unto Grantee a permanent easement and right-of-way to construct, install,
operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove materials
for slope and lateral support of the adjacent Chisholm Trail roadway facilities and related
appurtenances to wit:
See Exhibit "A" attached hereto and incorporated herein for all purposes, being a
strip of land containing approximately 0.0585 of one acre (2,547 square feet) of
land, more or less, said area described in further detail by metes and bounds in
Exhibit "A" (the "Easement") (Parcel 1E).
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, shown of record in the office of the County Clerk of
Williamson County, Texas.
The Easement, rights, and privileges granted herein are exclusive, and Grantor covenants
that it will not convey any future 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 easement or conflicting use of the
Easement to determine the effect, if any, on the road system contemplated herein. Prior to
granting its consent for other easements Grantee may require reasonable safeguards to protect the
integrity of the adjacent road system improvements.
Grantor further grants to Grantee:
(a) 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 along and outside the Easement to
such extent as Grantee may find reasonably necessary;
(b) 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.
Grantee hereby covenants and agrees:
(a) 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.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind himself, his heirs, successors and
assigns, and legal representatives, to warrant and forever defend, all and singular, the above-
described Easement and rights and interests unto Grantee, its successors and assigns, against
every person whomsoever lawfully claiming, or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2010.
STATE OF TEXAS
COUNTY OF
GRANTOR:
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on this the day of ,
2010, by , its
of Tri -Dal
Real Estate Ltd., in the capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
2.
JOINDER AND CONSENT OF LIEN HOLDER TO
SLOPE EASEMENT
Bank of Texas N.A., the owner of certain indebtedness secured by documents ("Grantor
Security Documents") that create liens, security interests and other rights and powers
(collectively "Grantor Liens") that encumber all or parts of the property described on Exhibit
"A", executes this Slope Easement for the limited purpose of (i) consenting to the terms and
conditions of the foregoing Slope Easement and (ii) agreeing that the Grantor Security
Documents and the Grantor Liens are and shall be subordinate and inferior to all of the
easements, restrictions, terms and provisions of the Slope Easement, so that no enforcement of
the terms of the Grantor Security Documents shall amend, impair or otherwise affect the
easements, restrictions, terms or provisions of said Slope Easement.
BANK OF TEXAS, N.A.
By:
Name:
Title:
3
( EXHIBIT
PROPERTY DESCRIPTION FOR PARCEL 1-E
Page 1 of 3
4 Easement
pril 13, 2009
DESCRIPTION OF 0.0585 OF ONE ACRE (2,547 SQUARE FEET) OF LAND OUT
OF LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK, A SUBDIVISION
OF RECORD IN CABINET R, SLIDE 99-100, PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO TRI
DAL REAL ESTATE, LTD., OF RECORD IN DOCUMENT NUMBER 2000051387,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0585 OF
ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the north line of said Lot 2 and said Tri Dal tract and the south line of Lot
1 of said Chisholm Trail Industrial Park and the south line of that tract described in a
declaration of condominium regime for Chisolm Trail Business Center Condominium, of
record in Document Number 2005022834, Official Public Records, Williamson County,
Texas, from which a 1/2" iron rod found at the northeast corner of said Lot 2 and said Tri
Dal tract bears N68°24'03"E 6.79 feet;
1) THENCE, with the east line of this tract, crossing said Lot 2 and said Tri Dal tract
S20°49'36"E 82.25 feet to a 1/2" iron rod set with a plastic cap in the east line of said
Lot 2 and said Tri Dal tract and the existing west right-of-way (ROW) line of
Chisholm Trail and the west line of that tract dedicated as right-of-way on said plat of
Chisholm Trail Industrial Park;
2) THENCE, with the east line of this tract, said Lot 2, and said Tri Dal tract and the
existing west ROW line of Chisholm Trail and of said dedicated right-of-way,
S21°17'16"E 172.43 feet to a 1/2" iron rod set with a plastic cap at the southeast
corner of this tract;
3) THENCE, with the south line of this tract, crossing said Lot 2 and said Tri Dal tract,
S68°42'44"W 10.00 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, continuing across said Lot 2 and said Tri Dal
tract, the following two(2) courses, numbered 4 and 5;
4) N21°17'16"W 172.47 feet to a 1/2" iron rod set with a plastic cap; and
EXI-IIBIT d`(
Page 2 of 3
Easement
April 13, 2009
5) N20°49'36"W 82.16 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 Lot 2 and said Tri Dal tract
and the south line of said Lot 1 and said Chisolm Trail Business Center
Condominium tract;
6) THENCE, with the north line of this tract, said Lot 2, and said Tri Dal tract and the
south line of said Lot 1 and said Chisolm Trail Business Center Condominium tract,
N68°24'03"E 10.00 feet to the POINT OF BEGINNING and containing 0.0585 of
one acre (2,547 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
13th 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. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (CTIP2A_ESMT)
Issued 3/5/09 Revised 4/13/2009
RE: CITY OF ROUND ROCK SKETCH TO ACCOMPANY DESCRIPTION
OF 0.0585 AC. OR 2,547 SQ. FT. OF LAND OUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOT 1, BLOCK A
CALLED 1.456 ACRES
CHISHOLM WAIL BUSINESS CENTER CONDOMINIUM
DOC. 2005022834
O.P.R.W.C.
/
/
Aa 55 Z q91 /
`N10 -
/
LOT 2, BLOCK A
TRI DAL REAL ESTATE, LTD.
DOC. 2000051387
0.P.R.W.C.
0.0585 AC.
2,547 SQ.FT.
CHISHOLM TRAIL INDUSTRIAL PARK
CAB. R, SL. 99-100
P.R.W.C.
LINE TABLE
LINE
BEARING
LENGTH
L1
N68'24'03'E
6.79
L2
S68'42`44'W
10.00
L3
N68'24'03'E
10.00
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
10.96
360.00
01'44'40'
5.48
S12'49'01"E
10.96
(C1)
(10.95)
(360.00)
(01'44'31")
(S10'26'19"E
(10.95)
C2
47.72
360.00
07'35'39`
23.89
N17'28'02"W
47.68
(C2)
(47.76)
(360.00)
(07'36'05")
(S15'06'37'E)
(47.73)
C3
71.76
440.00
09'20'40"
35.96
516'36'55"E
71.68
(C3)
(71.75)
(440.00)
(09'20'36")
(814'14'21"E)
(71.67)
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 REFIT OF AN OWNERSHIP AND EASEMENT
REPORT.-��
r,
; (� ►CI i I .COJ
51323
SLJF:),\i
04/13/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJVHISHOLM—RTG\DWG\PARCELS\CT1P2A_ESMT_REV2.DWG
LEGEND
SCALE 1" = 50'
WALTER RENNA, JR.
DOC. 9660138
O.R.W.C,
(1.60 AC.)
4 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET \ATH
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
WILLIAMSON COUNTY, TEXAS
P.R.W.C, PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
REVISED: 04/13/09
REVISED: 04/08/09
ISSUED: 03/05/09
PAGE 3 OF 3
SURVEYED BY:
T
MCGRAY 8c McGRAY
LAND SURVEYORS. INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
DATE: February 10, 2010
SUBJECT: City Manager Approval — February 12, 2010
ITEM: Consider executing a Real Estate Contract with Tri -Dal Real Estate, Ltd. for the
purchase of 0.0042 and 0.004 of one acre of land and a 0.0585 acre slope
easement necessary for the Chisholm Trail Project (Parcel 1).
Department:
Staff Person:
Legal
Don Childs/Steve Sheets
Justification: This right-of-way is necessary for the improvement to Chisholm Trail. The City's
initial offer was $15,036. The Owner made a counter-offer of $69,033 based on the mistaken
assumption that the Project would cost them several trees and a disagreement with the
methodology used by the appraisers. The City rejected this counter-offer and the Owner made
a second counter-offer of $19,000. The second counter-offer was also rejected and the Owner
agreed to a 10% increase from the City's initial offer.
Strategic Plan Relevance:
Funding:
Cost: $16,540.00
Source of funds: Round Rock Transportation Development Corp. Construction
Outside Resources (if applicable):
Public Comment (if applicable):
UPDATED APRIL 2008
00183023
10.19.09
Request for City Council/City Manager Action
® City Councils City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin ContractorNendor: Tri -Dal Real Estate, Ltd.
Project Mgr/Resource:
rr,r17 r
For Administration Use ONLY
E 1.0
02-C34
Received
Tag #: 11 A 1. C'
Original Documents Received:
Project Name: Chisholm Trail Parcel 1
Project Coordinator:
Assigned Attorney: Don Childs/Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
Funding Source: RR Trans Dev Corp Construction
Additional funding Source:
Amount:
Account Number:
12 -Feb -10
$16,540.00
Consider executing a Real Estate Contract with Tri -Dal Real Estate, Ltd. for the purchase of 0.0042 and 0.004 of one acre of land and 0.0585 acre of Slope Easement necessary for the Chisholm
Trail Project (Parcel 1).
Finance Information
Is Funding Required? Yes Fltli N
Initial Construction Contract
Construction Contract Amendment
Change Order 6
=Change in Quantity =Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action below)
Real Estate Contract
Amount
$16,540.00
APPROVALS
mp ONLYbyFiina
Once approvals havebeen obtai ed, p
ITEMS WILL NOT BE PLACED ON T
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Lisa
Dept. Director Signatur
*City Attorney Signature
City Manager Signature:
Date: 02/08/2010
Date:
Date: 2
Date: 2
MI 10
124 10
*City Attomey signature is required for all items.
REVISED 02/10/2010
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
ElCouncil Action:
ORDINANCE
Agenda Wording
Project Name: Chisholm Trail - Parcel 1
ContractorNendor: Tri -Dal Real Estate, Ltd.
n RESOLUTION
City Manager Approval
CMA Wording
Consider a resolution authorizing the City Manager to execute a Real Estate Contract with Tri -Dal Real Estate, Ltd. for the
purchase of 0.0042 of one acre of land, 0.0040 of one acre of land and a slope easement interest in 0.0585 of one acre of land
necessary for the Chisholm Trail Improvement Project (Parcel 1).
Attorney Approval
Attorney
Notes/Comments
Date .2 i v/ I 0
O:lwdox\SCCInts\91199\0001 \M I S C\00183003
Updated 6/3/08