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CM-10-02-048Chisholm Trail •• Parcel 12 REAL ESTATE CONTRACT Chisholm Trail Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between EILEEN ROBERTSON N/KJA EILEEN MARIE FLANAGAN, (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 1 , 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 0.0235 of one acre (1,023 square feet) of land, more or less, out of Lot 22, Round Rock Industrial Park, a Subdivision of Record in Cabinet C, Slide 293-294, Plat Records, Williamson County, Texas, and out of that tract described in a deed to Walter Robertson and wife, Eileen Robertson, of Record in Document Number 2001006492, Official Public Records, Williamson County, Texas; Said 0.0235 of one acre of land being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein: 2) Drainage Easement interest in and across all of that certain 0.0193 of one acre (840 square feet) of land, more or less, out of Lot 22, Round Rock Industrial Park, a Subdivision of Record in Cabinet C, Slide 293-294, Plat Records, Williamson County, Texas, and out of that tract described in a deed to Walter Robertson and wife, Eileen Robertson, of Record in Document Number 2001006492, Official Public Records, Williamson County, Texas; Said 0.0193 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. 180719/m1 ARTICLE II PURCHASE PRICE AND ADDITIONAL COMPENSATION Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of ELEVEN THOUSAND FIVE HUNDRED SIXTY FOUR and 00/100 Dollars ($11,564.00). 2.01.1. As additional compensation Purchaser shall pay the amount of THREE THOUSAND EIGHTY THREE and 00/100 Dollars ($3,083.00) 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. 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. 2 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 18, 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 a duly executed and acknowledged Drainage 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 I11 hereof; and (c) Any exceptions approved by Purchaser in writing. The form of the Drainage Easement to be executed shall be as shown in Exhibit "C". 3 (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) Attorney's fees paid by each respectively. 4 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 consuinmate 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 SELLER: EILEEN MARIE FLANAGAN Date: 2--Z7---i o PURCHASER: CITY OF ROUND ROCK B nes R. Nuse y Manager 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: "O LP —10 8 EXHIBIT 11" Page 1 of 3 ROW March 5, 2009 PROPERTY DESCRIPTION FOR PARCEL 12 DESCRIPTION OF 0.0235 OF ONE ACRE (1,023 SQUARE FEET) OF LAND OUT OF LOT 22, ROUND ROCK IDUSTRIAL PARK, A SUBDIVISION OF RECORD IN CABINET C, SLIDE 293-294, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS AND OUT OF THAT TRACT DESCRIBED IN A DEED TO WALTER ROBERTSON AND WIFE, EILEEN ROBERTSON, OF RECORD IN DOCUMENT NUMBER 2001006492, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.0235 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 22 and said Robertson tract, same being in the existing west right-of-way (ROW) line of Chisholm Trail; 1) THENCE, with the east line of this tract, said Lot 22, and said Robertson tract and the existing west ROW line of Chisholm Trail, S21°42'22"E 84.99 feet to a cotton spindle found at the southeast corner of this tract, said Lot 22, and said Robertson tract and the northeast corner of Lot 23 of said Round Rock Industrial Park and the northeast corner of that tract described in a deed to Hohman Properties Management, LLC., of record in Document Number 2007083458, Official Public Records, Williamson County, Texas; 2) THENCE, with the south line of this tract, said Lot 22, and said Robertson tract and the north line of said Lot 23 and said Hohman Properties tract, S68°16'51"W 10.44 feet to a mag nail set with washer at the southwest corner of this tract; THENCE, with the west line of this tract, crossing said Lot 22 and said Robertson tract, the following two (2) courses, numbered 3 and 4; 3) N21°27'06"W 84.97 feet to a 1/2" iron rod set with a plastic cap; and 4) with a curve to the left whose intersection angle is 90°15'11", radius is 15.00 feet, an arc distance of 23.63 feet, the chord of which bears N66°34'51" W 21.26 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 22 and said Robertson tract and the existing south ROW line of North Industrial Boulevard, from which a 1/2" iron rod found at the northwest corner of said Lot 22 and said Robertson tract bears S68°17'06"W 175.06 feet; EXHIBIT 6 Page 2 of 3 ROW March 5, 2009 THENCE, with the north line of this tract, said Lot 22, and said Robertson tract and the existing south ROW line of North Industrial Boulevard, the following two (2) courses, numbered 5 and 6; 5) N68°17'06"E 9.96 feet to a 1/2" iron rod found; and 6) with a curve to the right whose intersection angle is 90°34'42", radius is 15.00 feet, an arc distance of 23.71 feet, the chord of which bears S66°50'27"E 21.32 feet to the POINT OF BEGINNING and containing 0.0235 of one acre (1,023 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 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 c_d Chris Conrad, Reg. Professional Land Surveyor No. 5623 Note: There is a plat to accompany this description. (RRIP22 ROW) Issued 3/5/2009 RE: CITY OF ROUND ROCK SKr 'H TO ACCOMPANY DESCRIPTION OF 0.04.J5 AC. OR 1,023 SQ. FT. OF LAN. OUT OF LOT 22, ROUND ROCK INDUSTRIAL PARK ROUND ROCK, WILLIAMSON COUNTY, TEXAS 1 P.O.B. \ SCALE 1" = 40' RIGHT-OF-WAY DEDICATION PATAL SUBDIVISION CAB. D. SL. 209 P.R.W.C. COUNTY ROAD 173 CHISHOLM TRAIL '. (R.O.W. VARIES) NYt tamoo. tat cep co •✓ 1 \. 'Oa LOT 33 .01; 1\J \1\. 1,1 \\1A WALTER ROBERTSON AND WIFE, EILEEN ROBERTSON DOC. 2001006492 0.P.R.W.C. LOT 22 0.0235 AC. 1,023 SQ.FT. ROUND ROCK INDUSTRIAL PARK CAB. C, SL. 293-294 P.R.W.C. — Qo� `�; E2Op. . LINE TABLE LINE BEARING LENGTH Li L2 S68.16'S1'W N68.17'06'E 10.44 9.45 LOT 23 i HOHMAN PROPERTIES MANAGEMENT, LLC DOC. 2007083458 0.P.R.W.C. CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT GEARING CHORD 01 C2 (C2) 23.14 23.71 (23.56) 15.00 15.00 (15.00) 88'22'25" 90'34'42" (90'00') 14.58 15.15 (15.00) N65'35'53"W 566'50'27"E 20.91 21.32 (21.21) 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. 23 °FEsS��,•f 1 SU r� '3/05/09 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:NSOSKPROJ\CHISHOLM— RTG\DWG\PARC ELS\RRI P22_ROW.DWG MAGk. \ \ \ LOT 24 LEGEND \ 1 \ O 1/2" IRON ROD FOUND MAG O MAG NAIL SET WITH WASHER • COTTON SPINDLE FOUND • 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 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 EXHIBIT Page 1 of 3 Drainage Easement March 5, 2009 PROPERTY DESCRIPTION FOR PARCEL 12-E DESCRIPTION OF 0.0193 OF ONE ACRE (840 SQUARE FEET) OF LAND OUT OF LOT 22, ROUND ROCK INDUSTRIAL PARK, A SUBDIVISION OF RECORD IN CABINET C, SLIDE 293-294, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO WALTER ROBERTSON AND WIFE, EILEEN ROBERTSON, OF RECORD IN DOCUMENT NUMBER 2001006492, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0193 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 northwest corner of this tract, same being in the north line of said Lot 22 and said Robertson tract and the existing south right-of-way (ROW) line of North Industrial Boulevard, from which a 1/2" iron rod found at the northwest corner of said Lot 22 and said Robertson tract bears S68°17'00"E 160.73 feet; 1) THENCE, with the north line of this tract, said Lot 22, and said Robertson tract, and the existing south ROW line of North Industrial Boulevard, N68°17'06"E 14.84 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 in the north line of said Lot 1 and said Robertson tract bears N68°17'06"E 9.45 feet; THENCE, with the east line of this tract, crossing said Lot 22 and said Robertson tract, the following two(2) courses, numbered 2 and 3; 2) with a curve to the right whose intersection angle is 88°22'25", radius is 15.00 feet, an arc distance of 23.14 feet, the chord of which bears S65°35'53"E 20.91 feet to a 1/2" iron rod set with a plastic cap; and 3) S21°27'06"E 54.90 feet to a 1/2" iron rod set with a plastic cap at the southeast corner of this tract; 4) THENCE, with the south line of this tract, continuing across said Lot 22 and said Robertson tract, S68°32'54"W 10.00 feet to a 1/2" iron rod set with a plastic cap at the southwest corner of this tract; EXHIBIT t3 Page 2 of 3 Drainage Easement March 5, 2009 THENCE, with the west line of this tract, continuing across said Lot 22 and said Robertson tract, the following two(2) courses, numbered 5 and 6; 5) N21°27'06"W 50.43 feet to a 1/2" iron rod set with a plastic cap; and 6) N66°27'06"W 27.44 feet to the POINT OF BEGINNING and containing 0.0193 of one acre (840 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, Austin, Texas 78731 (512) 451-8591 Chris Conrad, Reg. Professional Land Surveyor No. 5623 Note: There is a plat to accompany this description. (RRIP22-ESMT) Issued 3/5/2009 J CHRIS CONRAD fs.� 192 °,s5r,.�. { : .p 5623 RE: CITY OF ROUND ROCK SKS' 'H TO ACCOMPANY DESCRIPTION OF 0.. 93 AC. OR 840 SQ. FT. OF LAN OUT OF LOT 22, ROUND ROCK INDUSTRIAL PARK ROUND ROCK, WILLIAMSON COUNTY, TEXAS 1 1. 1 1 1 og� 13 �'A2 X85 S 05. N6$‘1 1°5°14 5546'N �6�� .0501 P.O. B. L2 o (C2..) 02 SCALE 1" = 40' —H-- RIGHT—OF—WAY DEDICATION PATAL SUBDIVISION +ati:` CAB. D, 5L. 209 P.R.W.C. f, COUNTY ROAD 173 '. S CHISHOLM TRAIL O� (R.O.w. VARIES) tr 0.0193 AC. 840 SQ.FT. LOT 33 LOT 22 WALTER ROBERTSON AND WIFE, El LEEN ROBERTSON DOC. 2001006492 0.P.R.W.C. ROUND ROCK INDUSTRIAL PARK CAB. C, SL. 293-294 P.R.W.C. LINE TABLE LINE BEARING • LENGTH L1 N68.17'06'E 14.84 L2 N68.17'06'E 9.45 L3 S68'32'54'1./ 10.00 L4 N66.27'06'W 27.44 2,0ool LOT 23 HOHMAN PROPERTIES MANAGEMENT, LLC DOC. 2007083458 O.P.R.W.C. CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT BEARING CHORD C1 23.14 15.00 88.22'25" 14.58 S65'35'53"E 20.91 C2 23.71 15.00 90'34142" 15.15 N66'50127"W 21.32 (02) (23.56) (15.00) (90'00') (15.00) (21.21) 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 BEN y OWNERSHIP AND EASEMENT REPORT. a F �. T. / ...,.c:;\ s T es,.. -lfI -o 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\RR1P22,ESMT.DWG 1 1 1 1 1 1 1 1 LOT 24 NW 9 1 1 LEGEND a 1/2" IRON ROD FOUND 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 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 1 EXHIBIT OPEN CHANNEL SURFACE DRAINAGE EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: That EILEEN ROBERTSON N/K/A EILEEN MARIE FLANAGAN, and its successors and assigns (hereinafter referred to as "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipal corporation (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual open channel surface drainage easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, rebuild, repair, and remove drainage facilities in the nature of an open drainage channel, together with all rock, riprap, necessary equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a 0.0193 of one acre tract of land in Williamson County, Texas; and said 0.0192 of one acre being more particularly described by metes and bounds as indicated; and 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. 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. Grantor shall not construct permanent improvements on the easement. Grantor shall retain full use of the easement for any purpose not prohibited by the terms of this document and not inconsistent with the easement herein granted unto Grantee. 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 said drainage channel is abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, rights, and privileges granted herein are non-exclusive, but Grantor covenants that it will not convey any other conflicting easement or conflicting rights within the area covered by this grant. Grantee shall have the right to review any proposed easement or conflicting use of the easement granted herein to determine the effect, if any, on the drainage channel contemplated herein. Prior to granting its consent for other easements, Grantee may request reasonable safeguards to protect the integrity of the drainage channel. Grantor further grants to Grantee: /AS (a) the right to grade the easement for the full width thereof; (b) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; the foregoing right of ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall immediately replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein; the foregoing right of ingress and egress, but not the right of Grantee to disassemble, remove, take down, and clear away any obstructing structure, applies during the period of construction as well as otherwise. Upon entry and exit from the property, Grantee shall close and latch every gate Grantee passes through immediately upon passage through such gate so as to prevent the release of animals through the gate; (c) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the drainage channel by reason of blockage thereof, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be removed by Grantee; (d) the right to mark the location of the easement by suitable markers set in the ground; provided that such markers shall be placed in fences or locations which will not interfere with any reasonable use Grantor shall make of the easement. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; 2 (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage 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. Grantee shall have the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining said drainage facilities, and for making connections therewith; all upon the condition that Grantee will at all times after doing work in connection with the construction or repair of said facilities restore the surface of said premises as nearly as is reasonably possible to the condition in which the same was in before the work was undertaken. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor dedicates the tract as an open channel drainage easement for the purposes stated. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, and its 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 the same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of , 2010. GRANTOR: Eileen Marie Flanagan 3 THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT § § § This instrument was acknowledged before me on the day of the month of , 2010, by Eileen Marie Flanagan, in the capacity and for the purposes and consideration therein expressed. Notary Public, State of Texas AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 4 DATE: February 22, 2010 SUBJECT: City Manager Approval — February 26, 2010 ITEM: Consider executing a Real Estate Contract with EILEEN ROBERTSON N/K/A EILEEN MARIE FLANAGAN for the purchase of 0.0235 of one acre of land and a 0.0193 acre drainage easement necessary for the Chisholm Trail Project (Parcel 12). Department: Staff Person: Legal Don Childs/Steve Sheets Justification: This right-of-way is necessary for the improvement to Chisholm Trail. The City's appraised value and initial offer was $14,647. Strategic Plan Relevance: Funding: Cost: $14,647.00 Source of funds: Round Rock Transportation Development Corp. Construction Outside Resources (if applicable): Public Comment (if applicable): UPDATED APRIL 2008 00184382.DOC 10.19.09 Request for City Council/City Manager Action ffll City Council 1 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: Eileen Robertson N/K/A Eileen Marie Flanagan Project Mgr/Resource: For Administration Use ONLY Tag Received#fl102 04 t �-) l�'t�.0 : , r l�� Original Documents Received: Project Name: Chisholm Trail Parcel 12 Project Coordinator: Assigned Attorney: Don Childs/Steve Sheets City Council or City Manager Approval Date: Agenda Wording Funding Source: 2002 General Obligation Bonds Additional funding Source: Amount: Account Number: 02/26/2010 $11,926.00 Consider authorizing the City Manager to execute a Real Estate Contract with Eileen Robertson N/K/A Eileen Marie Flanagan for the purchase of 0.0235 of one acre of land, and a slope easement interest in 0.0193 of one acre of land necessary for the Chisholm Trail Improvement Project (Parcel 12). Finance Information CI Is Funding Required? Initial Construction Contract Construction Contract Amendment Change Order =Change in Quantity Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Yes No Unforeseen Circumstances Other (Please clearly identify action below) Real Estate Contract PROVALS be completed ONLYby Fin Amount $14,647.00 FINANCE Finance/Acct E. Wilson ;Date 02/23/2010 Purchasing EE Bowden Rate 02/23/2010 Budget P. Bryan Date 02/23/2010 approvals have been. ebb S WILL NOT BE PLACED ON T /24/ Date ase rrwarxt tt e sem,: back up infv matro t and origin s €o {City Secretary, Sara White E;COUNCIL AGENDA WITHOUT FINANCE AND LEGAL kPPNOVA PR }R } SUi MISSION., Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Lisa Dworaczyk Dept. Director Signature: *City Attorney Signatur City Manager Signature: Date: Date: Date: Date: 02/22/2010 -2(0 -to Z-z0o *City Attorney signature is required for all items. REVISED 02/24/2010 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 []Council Action: in ORDINANCE Agenda Wording Project Name: Chisholm Trail - Parcel 12 ContractorNendor: Eileen Robertson N/K/A Eileen Marie Flanagan ri RESOLUTION City Manager Approval CMA Wording Consider authorizing the City Manager to execute a Real Estate Contract with Eileen Robertson N/K/A Eileen Marie Flanagan for the purchase of 0.0235 of one acre of land, and a slope easement interest in 0.0193 of one acre of land necessary for the Chisholm Trail Improvement Project (Parcel 12). Attorney Approval ©Attorney Notes/Comments Date 02124 I (D O:\wdox\SCCInts\91199\0012\M I SC\00184384.XLS Updated 6/3/08