R-04-01-08-7B1 - 1/8/2004RESOLUTION NO. R-04-01-08-7131
WHEREAS, the City desires to purchase a 0.35 acre tract of land
for additional right-of-way for the Gattis School Road Project, and
WHEREAS, Grace Presbyterian Church, the owner of the property,
has agreed to sell said property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with Grace Presbyterian
Church, for the purchase of the above described property, a copy of
said Real Estate Contract being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 8th day of January, 2004.
Ny,F WELL , May-4tr—�
Cit of Round Rock, Texas
A T : �.VO4"f
CHRISTINE R. MARTINEZ, City Secretar
@PFDeSktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R4010BB1.WPD/Sc
REAL ESTATE CONTRACT
State of Texas
County of Williamson
EXHIBIT
.9 "Att
DL
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
GRACE PRESBYTERIAN CHURCH, (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 tracts) of land
described as follows:
0.35 acre of land, more or less, out of the Asa Thomas survey,
Abstract No. 609, Williamson County, Texas, more fully described by metes
and bounds in Exhibit "A", attached hereto and incorporated herein.
together with all and singular the rights and appurtenances
pertaining to the property, including any right, title and interest
of Seller in and to adjacent streets, alleys or rights-of-way (all
of such real property, rights, and appurtenances being referred to
in this Contract as the "Property"), and any improvements and
fixtures situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of
TWENTY TWO THOUSAND SIX HUNDRED THIRTY SEVEN and no/100 Dollars
($22, 637.00) .
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the
closing.
1
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. Within twenty (20) days after the date hereof, Purchaser,
at Purchaser's sole cost and expense, shall have caused the Austin
Title Company ("Title Company") to issue a preliminary title report
(the "Title Commitment") accompanied by copies of all exception
documents affecting the Property. In the event that title to the
property is not satisfactory to Purchaser, Purchaser shall inform
Seller in writing within ten (10) days of Purchaser's receipt of the
Title Commitment specifying with particularity Purchaser's
objections to the exception documents contained in the Title
Commitment (the "Title Objections"). Seller may, but shall have no
obligation to, eliminate or modify all such Title Objections, except
for liquidated liens or judgments (that Seller shall eliminate,
notwithstanding the foregoing, but may do so at Closing using all or
a portion of the Purchase Price to do so), and (at no cost to Seller
[except for the payment of liquidated liens or judgments])shall
provide Purchaser with any assistance reasonably requested as
necessary to eliminate or modify such matters. Except for liquidated
liens and/or judgments (as discussed above), in the event Seller
does not cure all of the Title Objections on or before Closing,
Purchaser may terminate this Contract and it shall thereupon be null
and void except for provisions that expressly survive such
termination and the Escrow Deposit (defined below) shall be
forthwith returned by the title company to Purchaser, as provided in
Article VII. Purchaser's failure to timely send Seller the Title
Objections, Purchaser shall be deemed to have waived any objections
to the Title Commitment, and shall have no termination right based
upon this Section 3.02.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall cause to be delivered a
current plat of survey of the Property, prepared by a duly licensed
Texas land surveyor (the "Survey"). The Survey shall be staked on
the ground, and the plat shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
2
or other water courses, fences, easements, and rights-of-way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof.
If any portion of the Survey is unacceptable to Purchaser, then
Purchaser shall give Seller written notice within ten (10) days of
Purchaser's receipt of the Survey specifying with particularity
Purchaser's objections to the matters contained in the Survey (the
"Survey Objections"). Seller may, but shall have no obligation to,
eliminate or modify all such Survey Objections to the reasonable
satisfaction of Purchaser. In the event Seller does not eliminate or
modify Purchaser's Survey Objections at or before Closing, Purchaser
may terminate this Contract, and the Contract shall thereupon be
null and void except for provisions that expressly survive such
termination and the Escrow Deposit shall be returned by the Title
Company to Purchaser, as provided in Article VII. Purchaser's
failure to timely send Seller the Title Objections, Purchaser shall
be deemed to have waived any objections to the Survey, and shall
have no termination right based upon this Section 3.03
Miscellaneous Conditions
3.04. Seller shall have substantially performed, observed, and
complied with all of the covenants, agreements, and conditions
reasonably required by this Contract to be performed, observed, and
complied with by Seller prior to or as of the closing.
Repair of Property
3.05. If the Closing does not occur for any reason and in the
event that any portion of the Property is damaged in any way due to
the acts or negligence of Purchaser and/or Purchaser's agents,
employees or contractors, Purchaser shall repair and restore the
Property to substantially the same condition it was on the day
before the Effective Date of this Contract. The provisions of this
Section 3.05 shall expressly survive any termination of this
C'nntrart _
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants
which representations and warranties shall
to Purchaser also as of the closing date, to
knowledge:
3
to Purchaser as follows,
be deemed made by Seller
Seller's current actual
(1) There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers;
(2) Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof;
(3) The Property herein is being conveyed to Purchaser under
threat of condemnation.
As used in this Article IV, the Seller's actual knowledge is limited
to the current actual knowledge, without inquiry, of Pastor Nancy
Reeves. In the event that on or prior to Closing Seller becomes
aware that any of the foregoing representations and warranties are
not correct, Seller shall promptly notify Purchaser of such
inaccuracy. In the event Purchaser has actual knowledge as of the
date of Closing of any material breach of the foregoing
representations and warranties, Purchaser as its sole and exclusive
remedies may either (a) terminate the contract without liability on
the part of Seller or Purchaser, other than Purchaser's
confidentiality obligations hereunder and any obligations which
expressly survive this Contract, and the Escrow Deposit will be
returned to Purchaser, or (b) waive such matter, including the right
to make any claim against Seller post -Closing, by proceeding to
Closing. Subject to the immediately preceding sentence, the
foregoing representations and warranties shall survive the Closing
for a period of twelve (12) months. To the extent Purchaser shall
fail to assert a claim under the foregoing representations and
warranties within twelve (12) months following the Closing, or in
the event Purchaser fails to file suit for any such claim within
fifteen (15) months following the Closing, then such claim shall be
deemed to be waived and forever released by Purchaser.
It is expressly stipulated and agreed that Purchaser accepts the
Property "AS IS" and "WITH ALL FAULTS," and, except as expressly
provided for above, that Seller makes and has made NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, with respect to
the condition of the Property, the fitness of the Property for any
intended use or purpose, the existence of any hazardous or toxic
materials in or on the Property or any other environmental condition
of the Property, the availability of utilities or other services to
the Property, the present or future income that may be generated
from the Property other than with respect to the warranty of title
Seller agrees to deliver in the Deed. The provisions of this
paragraph are a material inducement for Seller entering into this
Contract and shall survive the Closing and the delivery of such
Deed.
4
ARTICLE V
CLOSING
Closing Date
5.01. The closing (the "Closing") shall be held at the office
of Austin Title, Round Rock office, on or before January 31, 2004,
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, including partial lien releases, if necessary for items as
shown on the Title Commitment (which date is herein referred to as
the "closing date").
Seller's Obliaations at Closi
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged
Special Warranty Deed (the "Deed") conveying good and indefeasible
title in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, assessments, and
restrictions, except for the following:
(a) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(c) Any exceptions approved by Purchaser in writing or
deemed waived.
(2) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Austin Title, in Purchaser's
favor in the full amount of the purchase price, insuring Purchaser's
fee simple title to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved
in writing or deemed approved 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
at Purchaser's sole cost and sole option; and
(b) 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."
Purchaser's Obliqations at Closin
5
S. 03. At the Closing, Purchaser shall pay the remaining portion
of the full Purchase Price.
Prorations
5.04. General real estate taxes for the then current year
relating to the Property shall be prorated as of the closing date
and shall be adjusted in cash at the Closing. If 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. 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 (including, but not limited to, any
and all endorsements or deletions) 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 party respectively.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under
the terms and provisions of this Contract, Purchaser will deliver to
the Title Company the sum of Five Hundred Dollars ($500.00)
concurrently with Purchaser's delivery of this Contract executed on
behalf of Purchaser to the Title Company, the Escrow Deposit, which
shall be paid by the Title Company to Seller in the event Purchaser
breaches this Contract as provided in Article IX hereof. At the
Closing, the Escrow Deposit shall be paid over to Seller and applied
to 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
C*1
III, then the Escrow Deposit shall be forthwith returned by the
title company to Purchaser. Notwithstanding anything contained
herein to the contrary, in the event that Purchaser terminates this
Contract for any reason provided for herein, $100.00 of the Earnest
Money shall be paid to Seller as independent consideration for
Purchaser's various rights to terminate this Contract as provided
for herein:
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, as Purchaser's sole and exclusive remedies, either: (1) enforce
specific performance of this Contract; or (2) terminate this
Contract and the Escrow Deposit shall be forthwith returned by the
title company to Purchaser and thereafter the parties shall have no
further obligations under this Contract except for those that
expressly survive Closing.
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 (or deemed satisfied) and
Purchaser being in default and Seller not being in default
hereunder, Seller shall have the right to terminate this Contract
and 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 its total damages and relief
and as Seller's sole and exclusive remedy hereunder in such event
and thereafter the parties shall have no further obligations under
this Contract except for those that expressly survive Closing.
7
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.
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.
Leqal 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.
E:3
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,
and thereafter such memorandum may be recorded against the Property
in the Official Public Records of Williamson County, Texas.
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.
Effective Date
9.10 This Contract shall be effective as of the date it has
been executed by Seller and has been approved by the Round Rock City
Council, which date is indicated beneath the Mayor's signature below
(such date, the "Effective Date").
�-i*1%04
GRACE PRESBYTERIAN CHURCH
By:
Pri
Tit
By:
Pri
Title:
9
Trustee
PURCHASER:
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
221 E. Main Street
Round Rock, Texas 78664
Date:
10
0.35 Acre Right -of -Way
ASA Thomas Survey, A-609
Williamson County, Texas
6�. A
FN 2131 (TWH)
April 9, 2001
SAM, Inc. Job No. 99105-20
DESCRIPTION OF A 0.35 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT
NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.7956 ACRE TRACT OF
LAND DESCRIBED IN THE DEED TO GRACE PRESBYTERIAN CHURCH, AS RECORDED IN DOCUMENT
NO. 199940052 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.35 ACRE TRACT
OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a concrete monument set in the east Right -of -Way (ROW) line of Windy Park Drive (a 60 -foot
wide ROW) as dedicated in Windy Park Section One Revised, a subdivision of record in Cabinet H, Slide 273 of the
Plat Records Williamson County, Texas, same being the west line of said 4.7956 acre tract, for the southwest comer
of the tract described herein, from which a 1/2 -inch iron rod found in said east ROW line, same being the southwest
comer of said 4.7956 acre tract bears S 19° 38' 52" E, a distance of 765.34 feet;
THENCE with said common line the following two (2) courses and distances:
1. N 19° 38' 52" W, a distance of 1920 feet to a 1/2 -inch iron rod found for the beginning of a curve to the
right, and
2. with the arc of said curve to the right a distance of 20.10 feet through a central angle of 115" 08' 56", having
a radius of 10.00 feet, and whose chord bears N 29° 20' 29" E a distance of 16.88 feet to a 1/2 -inch iron rod
found in the south ROW line of Gattis School Road (a varying width ROW) for the northwest comer of said
4.7956 acre tract, and for the northwest comer of the tract described herein;
THENCE with said south ROW line, same being the north line of said 4.7956 acre tract, the following two (2)
courses and distances:
1. N 89° 14' 08" E, a distance of 99.87 feet to a calculated point, and
2. N 88° 41' 46" E, a distance of 447.54 feet to a 1/2 -inch iron rod found for the north common comer of a
called 20.356 acre tract of land (Tract 2) as described in the deed to Today PRA Hickerson, L.P. as recorded
in Document No. 2000049743 of the Official Public Records Williamson County, Texas, and said 4.7956
acre tract, same being the northeast comer of the tract described herein, from which a 1/2 -inch iron rod with
a plastic cap found in the north line of said 20.356 acre tract, same being said south ROW line bears,
N 880 40'05" E, a distance of 498.54 feet;
THENCE with the common line of said 20.356 acre tract and said 4.7956 acre tract, S 19° 44' 42" E, a distance of
50.53 feet to 1/2 -inch iron rod with a plastic cap set for the southeast comer of the tract described herein, from which
a 1/2 -inch iron rod found for the southwest comer of said Tract 2 bears S 19° 44' 42" E, a distance of 2064.28 feet;
Page 1 of 3
0.35 Acre Right -of -Way FN 2131 (TWH)
ASA Thomas Survey, A-609 April 9, 2001
Williamson County, Texas SAM, Inc. Job No. 99105-20
THENCE crossing said 4.7956 acre tract the following five (5) courses and distances:
1. with the arc of a curve to the right a distance of 112.23 feet through a central angle of 04° 27' 07", having a
radius of 1444.39 feet, and whose chord bears N 88° 02' 23" W, a distance of 112.20 feet to a concrete
monument set for a point of tangency,
2. N 85° 48' 49" W, a distance of 248.84 feet to a concrete monument set for a point of curvature,
3. with the arc of a curve to left a distance of 104.95 feet through a central angle of 05° 18' 11 ", having a radius
of 1133.92 feet, and whose chord beats N 88127' 54" W, a distance of 104.91 feet to a concrete monument
set for a point of tangency,
4. S 88° 53' 01" W, a distance of 75.59 feet to a concrete monument set for an angle point, and
5. S 51° 39' 21" W, a distance of 32.39 feet to the POINT OF BEGINNING, and containing 0.35 acre of land
more or less.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Keith A. Jimenez, 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 during March 2001 under ray direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 23rd day of April 2001 A.D.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
Page 2 of 3
ith A. Jimen
Registered Pr onal eyor
No. 4329 - S f Texas
OF
KErT �A.JiMENEZ
.....4329 ......Opt
zi-05° 18'11"
S�8 S , R-1133.92'
S o T-52.51'
L-104.95'
CB -N88° 27'54"W
Ste C3�., �88� C-104.91'
G
F q
TSS
S0y
GRACE PRESBYTERIAN CHURCH �9,, O,
CALLED 4.7956 ACRES
i� DOC. NO. 199940052
O
O.R-W.C.TX. 4
� � � sr��cl
*e
APRIL, 2001
ASA THOMAS SURVEY A-609
WILLIAMSON COUNTY, TEXAS
SCALE 1"-100'
0 50 100
ASA THOMAS ' SURVEY A-609 C2.,,�
ti
LEGEND
CONCRETE MONUMENT SET
Q CONCRETE MONUMENT FOUND
A CALCULATED PONT
O ill= IRON ROD SET W/CAP UNLESS NOTED
*- RON ROD FOUND UNLESS NOTED
t I RECORD WORMATION .
►AA. PONT OF BEGS*"
P.o.C. PONT OF COMMENCING
wF RON ROD FOUND
'Pr RON PPE FOUND
O.PJCwX-% OFFICIAL PM1UBI.IC RECORDS wLUAMSON
COUN7Y.TEXAS
OJLw.GT- OFFICIAL RECORDS WLLIAASON COUNTY. TEXAS
PP -N -QT. PLAT RECORDS WLLIAMSON COUNTY, TEXAS
Mwl.Tn DEED RECORDS WLLIAMSON COUNTY.TEXAS
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF-
IA
�Z O1
AP!,-
KElTd A. JIMENEZ DATE
REGISTERED PROFE SI AL LAN EYOR
NO. 4329, STATE O XAS
19,10
•S,�,SF,
w
Io fo
N \
.� TODAY PRA HICKERSON, L.P.
(TRACT 2)
CALLED 20.356 ACRES
DOC. No. 2000049743
L O.P.R.W.C.TX.
F
KEITH A. JIM_ENQ
_ . ...
4329
S
r X029 Oaksaditsw*F'*Z.S0. RIGHT-OF-WAY PLAT
Broder Oaks Praess aw waza sUrtc Des
/4aYiq Teas 78704 SHOWING PROPERTY OF
C51
sIN7ETOIG•AEAIAL IIAPPIN6•HKJlIE81WG (5x � GRACE PRESBYTERIAN CHURCH
PAGE 3 OF 3
REF. FIELD
NOTE NO. 2131
Cl
A■115° 08'56"
C2
A-04' 27'07"
to Ci
�40
T-15.74'
Oa r=a'
:. CA. v
L-112.23'
+890
> 998j�8.
C B16 880 20'29"E
C3
.12
N
co
10
zi-05° 18'11"
S�8 S , R-1133.92'
S o T-52.51'
L-104.95'
CB -N88° 27'54"W
Ste C3�., �88� C-104.91'
G
F q
TSS
S0y
GRACE PRESBYTERIAN CHURCH �9,, O,
CALLED 4.7956 ACRES
i� DOC. NO. 199940052
O
O.R-W.C.TX. 4
� � � sr��cl
*e
APRIL, 2001
ASA THOMAS SURVEY A-609
WILLIAMSON COUNTY, TEXAS
SCALE 1"-100'
0 50 100
ASA THOMAS ' SURVEY A-609 C2.,,�
ti
LEGEND
CONCRETE MONUMENT SET
Q CONCRETE MONUMENT FOUND
A CALCULATED PONT
O ill= IRON ROD SET W/CAP UNLESS NOTED
*- RON ROD FOUND UNLESS NOTED
t I RECORD WORMATION .
►AA. PONT OF BEGS*"
P.o.C. PONT OF COMMENCING
wF RON ROD FOUND
'Pr RON PPE FOUND
O.PJCwX-% OFFICIAL PM1UBI.IC RECORDS wLUAMSON
COUN7Y.TEXAS
OJLw.GT- OFFICIAL RECORDS WLLIAASON COUNTY. TEXAS
PP -N -QT. PLAT RECORDS WLLIAMSON COUNTY, TEXAS
Mwl.Tn DEED RECORDS WLLIAMSON COUNTY.TEXAS
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF-
IA
�Z O1
AP!,-
KElTd A. JIMENEZ DATE
REGISTERED PROFE SI AL LAN EYOR
NO. 4329, STATE O XAS
19,10
•S,�,SF,
w
Io fo
N \
.� TODAY PRA HICKERSON, L.P.
(TRACT 2)
CALLED 20.356 ACRES
DOC. No. 2000049743
L O.P.R.W.C.TX.
F
KEITH A. JIM_ENQ
_ . ...
4329
S
r X029 Oaksaditsw*F'*Z.S0. RIGHT-OF-WAY PLAT
Broder Oaks Praess aw waza sUrtc Des
/4aYiq Teas 78704 SHOWING PROPERTY OF
C51
sIN7ETOIG•AEAIAL IIAPPIN6•HKJlIE81WG (5x � GRACE PRESBYTERIAN CHURCH
PAGE 3 OF 3
REF. FIELD
NOTE NO. 2131
Cl
A■115° 08'56"
C2
A-04' 27'07"
R-10.00'
R-1444.39'
T-15.74'
T-56.14'
L-20.10'
L-112.23'
+890
> 998j�8.
C B16 880 20'29"E
C3
-N802'23"W
CB20'
zi-05° 18'11"
S�8 S , R-1133.92'
S o T-52.51'
L-104.95'
CB -N88° 27'54"W
Ste C3�., �88� C-104.91'
G
F q
TSS
S0y
GRACE PRESBYTERIAN CHURCH �9,, O,
CALLED 4.7956 ACRES
i� DOC. NO. 199940052
O
O.R-W.C.TX. 4
� � � sr��cl
*e
APRIL, 2001
ASA THOMAS SURVEY A-609
WILLIAMSON COUNTY, TEXAS
SCALE 1"-100'
0 50 100
ASA THOMAS ' SURVEY A-609 C2.,,�
ti
LEGEND
CONCRETE MONUMENT SET
Q CONCRETE MONUMENT FOUND
A CALCULATED PONT
O ill= IRON ROD SET W/CAP UNLESS NOTED
*- RON ROD FOUND UNLESS NOTED
t I RECORD WORMATION .
►AA. PONT OF BEGS*"
P.o.C. PONT OF COMMENCING
wF RON ROD FOUND
'Pr RON PPE FOUND
O.PJCwX-% OFFICIAL PM1UBI.IC RECORDS wLUAMSON
COUN7Y.TEXAS
OJLw.GT- OFFICIAL RECORDS WLLIAASON COUNTY. TEXAS
PP -N -QT. PLAT RECORDS WLLIAMSON COUNTY, TEXAS
Mwl.Tn DEED RECORDS WLLIAMSON COUNTY.TEXAS
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF-
IA
�Z O1
AP!,-
KElTd A. JIMENEZ DATE
REGISTERED PROFE SI AL LAN EYOR
NO. 4329, STATE O XAS
19,10
•S,�,SF,
w
Io fo
N \
.� TODAY PRA HICKERSON, L.P.
(TRACT 2)
CALLED 20.356 ACRES
DOC. No. 2000049743
L O.P.R.W.C.TX.
F
KEITH A. JIM_ENQ
_ . ...
4329
S
r X029 Oaksaditsw*F'*Z.S0. RIGHT-OF-WAY PLAT
Broder Oaks Praess aw waza sUrtc Des
/4aYiq Teas 78704 SHOWING PROPERTY OF
C51
sIN7ETOIG•AEAIAL IIAPPIN6•HKJlIE81WG (5x � GRACE PRESBYTERIAN CHURCH
PAGE 3 OF 3
REF. FIELD
NOTE NO. 2131
DATE: January 2, 2004
SUBJECT: City Council Meeting - January 8, 2004
ITEM: *73.1. Consider a resolution authorizing the Mayor to execute a
Real Estate Contract with Grace Presbyterian Church for
the purchase of right-of-way for the Gattis School Road
Project.
Resource: Steve Sheets, City Attorney
Don Childs
History: This contract with Grace Presbyterian Church is for right-of-way
acquisition for the Gattis School Road improvement project.
Funding:
Cost: $22,637
Source of funds: 2002 GO Bonds
Outside Resources: N/A
Impact: N/A
Benefit: Improved mobility on Gattis School Road
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
GRACE PRESBYTERIAN CHURCH, (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:
0.35 acre of land, more or less, out of the Asa Thomas survey,
Abstract No. 609, Williamson County, Texas, more fully described by metes
and bounds in Exhibit "A", attached hereto and incorporated herein.
together with all and singular the rights and appurtenances
pertaining to the property, including any right, title and interest
of Seller in and to adjacent streets, alleys or rights-of-way (all
of such real property, rights, and appurtenances being referred to
in this Contract as the "Property"), and any improvements and
fixtures situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of
TWENTY TWO THOUSAND SIX HUNDRED THIRTY SEVEN and no/100 Dollars
($22, 637.00) .
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the
closing.
1
R-64-6i-o�-��3�
ARTICLE III
PURCHASER'S OBLIGP TIONS
Conditions to Purchaser's Obliaations
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.)
Prelim:inarV Title Commitment
3.02. Within twenty (20) days after the date hereof, Purchaser,
at Purchaser's sole cost and expense, shall have caused the Austin
Title Company ("Title Company") to issue a preliminary title report
(the "Title Commitment") accompanied by copies of all exception
documents affecting the Property. In the event that title to the
property is not satisfactory to Purchaser, Purchaser shall inform
Seller in writing within ten (10) days of Purchaser's receipt of the
Title Commitment specifying with particularity Purchaser's
objections to the exception documents contained in the Title
Commitment (the "Title Objections"). Seller may, but shall have no
obligation to, eliminate or modify all such Title Objections, except
for liquidated liens or judgments (that Seller shall eliminate,
notwithstanding the foregoing, but may do so at Closing using all or
a portion of the Purchase Price to do so), and (at no cost to Seller
[except for the payment of liquidated liens or judgments])shall
provide Purchaser with any assistance reasonably requested as
necessary to eliminate or modify such matters. Except for liquidated
liens and/or judgments (as discussed above), in the event Seller
does not cure all of the Title Objections on or before Closing,
Purchaser may terminate this Contract and it shall thereupon be null
and void except for provisions that expressly survive such
termination and the Escrow Deposit (defined below) shall be
forthwith returned by the title company to Purchaser, as provided in
Article VII. Purchaser's failure to timely send Seller the Title
Objections, Purchaser shall be deemed to have waived any objections
to the Title Commitment, and shall have no termination right based
upon this Section 3.02.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall cause to be delivered a
current plat of survey of the Property, prepared by a duly licensed
Texas land surveyor (the "Survey"). The Survey shall be staked on
the ground, and the plat shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
2
or other water courses, fences, easements, and rights-of-way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof.
If any portion of the Survey is unacceptable to Purchaser, then
Purchaser shall give Seller written notice within ten (10) days of
Purchaser's receipt of the Survey specifying with particularity
Purchaser's objections to the matters contained in the Survey (the
"Survey Objections"). Seller may, but shall have no obligation to,
eliminate or modify all such Survey Objections to the reasonable
satisfaction of Purchaser. In the event Seller does not eliminate or
modify Purchaser's Survey Objections at or before Closing, Purchaser
may terminate this Contract, and the Contract shall thereupon be
null and void except for provisions that expressly survive such
termination and the Escrow Deposit shall be returned by the Title
Company to Purchaser, as provided in Article VII. Purchaser's
failure to timely send Seller the Title Objections, Purchaser shall
be deemed to have waived any objections to the Survey, and shall
have no termination right based upon this Section 3.03
Miscellaneous Conditions
3.04. Seller shall have substantially performed, observed, and
complied with all of the covenants, agreements, and conditions
reasonably required by this Contract to be performed, observed, and
complied with by Seller prior to or as of the closing.
Repair of Property
3.05. If the Closing does not occur for any reason and in the
event that any portion of the Property is damaged in any way due to
the acts or negligence of Purchaser and/or Purchaser's agents,
employees or contractors, Purchaser shall repair and restore the
Property to substantially the same condition it was on the day
before the Effective Date of this Contract. The provisions of this
Section 3.05 shall expressly survive any termination of this
rnrt-rant-
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants
which representations and warranties shall
to Purchaser also as of the closing date, to
knowledge:
3
to Purchaser as follows,
be deemed made by Seller
Seller's current actual
(1) There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers;
(2) Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof;
(3) The Property herein is being conveyed to Purchaser under
threat of condemnation.
As used in this Article IV, the Seller's actual knowledge is limited
LO the current actual knowledge, without inquiry, of Pastor Nancy
Reeves. In the event that on or prior to Closing Seller becomes
aware that any of the foregoing representations and warranties are
not correct, Seller shall promptly notify Purchaser of such
inaccuracy. In the event Purchaser has actual knowledge as of the
date of Closing of any material breach of the foregoing
representations and warranties, Purchaser as its sole and exclusive
remedies may either (a) terminate the contract without liability on
the part of Seller or Purchaser, other than Purchaser's
confidentiality obligations hereunder and any obligations which
expressly survive this Contract, and the Escrow Deposit will be
returned to Purchaser, or (b) waive such matter, including the right
to make any claim against Seller post -Closing, by proceeding to
Closing. Subject to the immediately preceding sentence, the
foregoing representations and warranties shall survive the Closing
for a period of twelve (12) months. To the extent Purchaser shall
fail to assert a claim under the foregoing representations and
warranties within twelve (12) months following the Closing, or in
the event Purchaser fails to file suit for any such claim within
fifteen (15) months following the Closing, then such claim shall be
deemed to be waived and forever released by Purchaser.
It is expressly stipulated and agreed that Purchaser accepts the
Property "AS IS" and "WITH ALL FAULTS," and, except as expressly
provided for above, that Seller makes and has made NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, with respect to
the condition of the Property, the fitness of the Property for any
intended use or purpose, the existence of any hazardous or toxic
materials in or on the Property or any other environmental condition
of the Property, the availability of utilities or other services to
the Property, the present or future income that may be generated
from the Property other than with respect to the warranty of title
Seller agrees to deliver in the Deed. The provisions of this
paragraph are a material inducement for Seller entering into this
Contract and shall survive the Closing and the delivery of such
Deed.
9
ARTICLE V
CLOSING
Closing Date
5.01. The closing (the "Closing") shall be held at the office
of Austin Title, Round Rock office, on or before January 31, 2004,
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, including partial lien releases, 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 (the "Deed") conveying good and indefeasible
title in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, assessments, and
restrictions, except for the following:
(a) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(c) Any exceptions approved by Purchaser in writing or
deemed waived.
(2) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Austin Title, in Purchaser's
favor in the full amount of the purchase price, insuring Purchaser's
fee simple title to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved
in writing or deemed approved 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
at Purchaser's sole cost and sole option; and
(b) 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."
Purchaser's Obligations at Closin
5
5.03. At the Closing, Purchaser shall pay the remaining portion
of the full Purchase Price.
Prcrations
5.04. General real estate taxes for the then current year
relating to the Property shall_ be prorated as of the closing date
and shall be adjusted in cash at the Closing. If 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. 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 (including, but not limited to, any
and all endorsements or deletions) 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 party respectively.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under
the terms and provisions of this Contract, Purchaser will deliver to
the Title Company the sum of Five Hundred Dollars ($500.00)
concurrently with Purchaser's delivery of this Contract executed on
behalf of Purchaser to the Title Company, the Escrow Deposit, which
shall be paid by the Title Company to Seller in the event Purchaser
breaches this Contract as provided in Article IX hereof. At the
Closing, the Escrow Deposit shall be paid over to Seller and applied
to 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
0
III, then the Escrow Deposit shall be forthwith returned by the
title company to Purchaser. Notwithstanding anything contained
herein to the contrary, in the event that Purchaser terminates this
Contract for any reason provided for herein, $100.00 of the Earnest
Money shall be paid to Seller as independent consideration for
Purchaser's various rights to terminate this Contract as provided
for herein.
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, as Purchaser's sole and exclusive remedies, either: (1) enforce
specific performance of this Contract; or (2) terminate this
Contract and the Escrow Deposit shall be forthwith returned by the
title company to Purchaser and thereafter the parties shall have no
further obligations under this Contract except for those that
expressly survive Closing.
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 (or deemed satisfied) and
Purchaser being in default and Seller not being in default
hereunder, Seller shall have the right to terminate this Contract
and 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 its total damages and relief
and as Seller's sole and exclusive remedy hereunder in such event
and thereafter the parties shall have no further obligations under
this Contract except for those that expressly survive Closing.
7
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.
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 mor
this Contract shall for any reason
or unenforceable in any respect,
unenforceability shall not affect
this Contract shall be construed
unenforceable provision had never
e of the provisions contained in
be held to be invalid, illegal,
this invalidity, illegality, or
any other provision hereof, and
as if the invalid, illegal, or
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.
0
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,
and thereafter such memorandum may be recorded against the Property
in the Official Public Records of Williamson County, Texas.
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.
Effective Date
9.10 This Contract shall be effective as of the date it has
been executed by Seller and has been approved by the Round Rock City
Council, which date is indicated beneath the Mayor's signature below
(such date, the "Effective Date").
SELLER:
GRACE PRESBYTERIAN CHURCH
t
By:
Pring Na e V
Title: Trustee ,
Printed Name:
Title: Trustee
9
PURCHASER:
CITY OF ROUND ROCK
By:
M xwelin May0Eror
1 E. MaStreet
Round Rock, Texas 78664
Date: /' -C
10
0.35 Acre Right -of -Way
ASA Thomas Survey, A-609
Williamson County, Texas
f7x - k% 1)
FN 2131 (TWH)
April 9, 2001
SAM, Inc. Job No. 99105-20
DESCRIPTION OF A 0.35 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT
NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.7956 ACRE TRACT OF
LAND DESCRIBED IN THE DEED TO GRACE PRESBYTERIAN CHURCH, AS RECORDED IN DOCUMENT
NO. 199940052 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.35 ACRE TRACT
OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a concrete monument set in the east Right -of -Way (ROW) line of Windy Park Drive (a 60 -foot
wide ROW) as dedicated in Windy Park Section One Revised, a subdivision of record in Cabinet H, Slide 273 of the
Plat Records Williamson County, Texas, same being the west line of said 4.7956 acre tract, for the southwest comer
of the tract described herein, from which a 1/2 -inch iron rod found in said east ROW line, same being the southwest
comer of said 4.7956 acre tract bears S 19° 38' 52" E, a distance of 765.34 feet;
THENCE with said common line the following two (2) courses and distances:
1. N 19° 38' 52" W, a distance of 19.20 feet to a 1/2 -inch iron rod found for the beginning of a curve to the
right, and
2. with the arc of said curve to the right a distance of 20.10 feet through a central angle of 115° 08' 56", having
a radius of 10.00 feet, and whose chord bears N 29° 20' 29" E a distance of 16.88 feet to a 1/2 -inch iron rod
found in the south ROW line of Gattis School Road (a varying width ROW) for the northwest comer of said
4.7956 acre tract, and for the northwest corner of the tract described herein;
THENCE with said south ROW line, same being the north line of said 4.7956 acre tract, the following two (2)
courses and distances:
1. N 89° 14' 08" E, a distance of 99.87 feet to a calculated point, and
2. N 88° 41' 46" E, a distance of 447.54 feet to a 1/2 -inch iron rod found for the north common comer of a
called 20.356 acre tract of land (Tract 2) as described in the deed to Today PRA Hickerson, L.P. as recorded
in Document No. 2000049743 of the Oficial Public Records Williamson County, Texas, and said 4.7956
acre tract, same being the northeast comer of the tract described herein, from which a 1/2 -inch iron rod with
a plastic cap found in the north line of said 20.356 acre tract, same being said south ROW line bears,
N 88'40'05" E, a distance of 498.54 feet;
THENCE with the common line of said 20.356 acre tract and said 4.7956 acre tract, S 19` 44' 42" E, a distance of
50.53 feet to 1/2 -inch iron rod with a plastic cap set for the southeast comer of the tract described herein, from which
a 1/2 -inch iron rod found for the southwest comer of said Tract 2 bears S 191 44' 42" E, a distance of 2064.28 feet;
Pagel of 3
0.35 Acre Right -of -Way FN 2131 (TWH)
ASA Thomas Survey, A-609 April 9, 2001
Williamson County, Texas SAM, Inc. Job No. 99105-20
THENCE crossing said 4.7956 acre tract the following five (5) courses and distances:
1. with the arc of a curve to the right a distance of 112.23 feet through a central angle of 04° 27' 07", having a
radius of 1444.39 feet, and whose chord bears N 88° 02' 23" W, a distance of 112.20 feet to a concrete
monument set for a point of tangency,
2. N 85° 48' 49" W, a distance of 248.84 feet to a concrete monument set for a point of curvature,
3. with the arc of a curve to left a distance of 104.95 feet through a central angle of 051 18' 11", having a radius
of 1133.92 feet, and whose chord bears N 88127' 54" W, a distance of 104.91 feet to a concrete monument
set for a point of tangency,
4. S 88° 53' 01" W, a distance of 75.59 feet to a concrete monument set for an angle point, and
5. S 51° 39'21" W, a distance of 32.39 feet to the POINT OF BEGINNING, and containing 0.35 acre of land
more or less.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Keith A. Jimenez, 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 during March 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 23rd day of April 2001 A.D.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
Page 2 of 3
ith A. Jimen
Registered Pr f onal eyor
No. 4329 - S f Texas
0-05 1811
s88 S , F R-1133.92'
T-52.51'
SS9�i L-104.95'
CB -N88° 27'54"W
s$�• C3-•, X88• C-104.91'
F q
�8 SL,
C2
0-04.27'07"
R-1444.39'
T - 56.14'
L-112.23' f►r
CB -N8$• 02'23"W
C-112.20'
GRACE PRESBYTERIAN CHURCH
CALLED 4.7956 ACRES
DOC. NO. 199940052 �� .p
O.R.W.C.TX. ,q
jr
lie
ASA THOMAS SURVEY A-609 C2,,,
LEGEND
0 CONCRETE MONUMENT SET
0 CONCRETE MONUMENT FOUND
A CALCULATED POINT
0 r/=- IRON ROD SET W/CAP UNLESS NOTED
0 Ve RON ROD FOUND UNLESS NOTED
t I RECORD INFORMATION
.
P. POINT OF BEGIN"
P.O.C. POINT OF COMMENCPIC
R IRON ROD FOUND
w IRON PPE FOUND
O.PA.w•GT.. OFFICIAL, PUBLIC RECORDS WLLIAMSON
COUNTY,TEXAS
CAW.cT.. OFFX]A. RECORDS WILLIAMSON COUNTY, TEXAS
PALw.C.T' PLAT RECORDS WILLIAMSON COUNTY, TEXAS
I)JLw.C.T: DEED RECORDS WILLIAMSON COUNTY. TEXAS
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF..
REGISTERED PROFE SI AL LAND—%U9VEYOR
NO. 4329, STATE 0 XAS
APRIL, 2001
ASA THOMAS SURVEY A-609
WILLIAMSON COUNTY, TEXAS
SCALE 1"-100'
0 5p 100
7
V6 TODAY PRA HICKERSON, L.P.
/ (TRACT 2)
CALLED 20.356 ACRES
DOC. No. 2000049743
O.P.R.W.C.TX.
OF
.................................
KEITH A. JIMENEZ
.................................
4329
4M Capital of Texas "8th . S0. RIGHT-OF-WAY PLAT PAGE 3 OF 3
AS�AM
�Br�KOslaProfessional PiazaSutc,z5 SHOWING PROPERTY OF REF. FIELD
/statin, 78704
SltRVETING•AERIAL IUPPING•ENGINEFlIWG � 447-0575 GRACE PRESBYTERIAN CHURCH NOTE No. 2131
C1
A-115.08'56"
R-10.00'
T -15.74'
L-20.10'
X899
CB -N290 20'29"E
C-16.88'
9�
> 9'8��8••
e3 .t
0-05 1811
s88 S , F R-1133.92'
T-52.51'
SS9�i L-104.95'
CB -N88° 27'54"W
s$�• C3-•, X88• C-104.91'
F q
�8 SL,
C2
0-04.27'07"
R-1444.39'
T - 56.14'
L-112.23' f►r
CB -N8$• 02'23"W
C-112.20'
GRACE PRESBYTERIAN CHURCH
CALLED 4.7956 ACRES
DOC. NO. 199940052 �� .p
O.R.W.C.TX. ,q
jr
lie
ASA THOMAS SURVEY A-609 C2,,,
LEGEND
0 CONCRETE MONUMENT SET
0 CONCRETE MONUMENT FOUND
A CALCULATED POINT
0 r/=- IRON ROD SET W/CAP UNLESS NOTED
0 Ve RON ROD FOUND UNLESS NOTED
t I RECORD INFORMATION
.
P. POINT OF BEGIN"
P.O.C. POINT OF COMMENCPIC
R IRON ROD FOUND
w IRON PPE FOUND
O.PA.w•GT.. OFFICIAL, PUBLIC RECORDS WLLIAMSON
COUNTY,TEXAS
CAW.cT.. OFFX]A. RECORDS WILLIAMSON COUNTY, TEXAS
PALw.C.T' PLAT RECORDS WILLIAMSON COUNTY, TEXAS
I)JLw.C.T: DEED RECORDS WILLIAMSON COUNTY. TEXAS
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012.AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF..
REGISTERED PROFE SI AL LAND—%U9VEYOR
NO. 4329, STATE 0 XAS
APRIL, 2001
ASA THOMAS SURVEY A-609
WILLIAMSON COUNTY, TEXAS
SCALE 1"-100'
0 5p 100
7
V6 TODAY PRA HICKERSON, L.P.
/ (TRACT 2)
CALLED 20.356 ACRES
DOC. No. 2000049743
O.P.R.W.C.TX.
OF
.................................
KEITH A. JIMENEZ
.................................
4329
4M Capital of Texas "8th . S0. RIGHT-OF-WAY PLAT PAGE 3 OF 3
AS�AM
�Br�KOslaProfessional PiazaSutc,z5 SHOWING PROPERTY OF REF. FIELD
/statin, 78704
SltRVETING•AERIAL IUPPING•ENGINEFlIWG � 447-0575 GRACE PRESBYTERIAN CHURCH NOTE No. 2131