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R-04-02-12-14C1 - 2/12/2004RESOLUTION NO. R -04-02-12-14C 1 WHEREAS, the City desires to purchase a 0.5974 acre tract of land for additional right-of-way for the Highway 79 Improvement Project, and WHEREAS, FM 1460 Partners, Ltd., 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 FM 1460 Partners, Ltd., 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 12th day of February, 2004. W LL, ayo City of Round Rock, Texas AT ST: CHRISTINE R. MARTINEZ, `City Sec tary @PFDesktop\::ODhfA/WORLDOX/O:/WDOX/RESOLUTI/R40212C1.WPD/SC REAL ESTATE CONTRACT State of Texas County of Williamson EXHIBIT a D "An THIS REAL ESTATE CONTRACT ("Contract") is made by and between FM 1460 PARTNERS, 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: Fee simple interest in 0.5974 acres (26,021 square feet) located in the Prior A. Holder Survey No. 9, Abstract No. 297, Williamson County, Texas; being a portion of that tract of land described as 6.011 acres in that warranty deed to FM 1460 Partners, Ltd., dated February 10, 2000, recorded in Document No. 2000011056, Official Records of Williamson County, Texas, more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; and 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"). This purchase also includes 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 TWO HUNDRED SIXTY SIX THOUSAND SEVEN HUNDRED SIXTY SEVEN and no/100 Dollars ($266,767.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/O:/WDOXICORR/TRANSPRT/HWY79/FM1460PR/REP.ST/00063113.WPD/sls (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof, and (c) Any exceptions approved by Purchaser in writing. (2) 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 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) 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. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the 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: 4 (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI ESCROW DEPOSIT For the purpose of 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 in Article IX hereof. 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 its total damages and relief and as Seller's sole remedy hereunder in such event. 5 EXECUTED DOCUMENT FOLLOWS REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract') is made by and between FM 1460 PARTNERS, 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: Fee simple interest in 0.5974 acres (26,021 square feet) located in the Prior A. Holder Survey No. 9, Abstract No. 297, Williamson County, Texas; being a portion of that tract of land described as 6.011 acres in that warranty deed to FM 1460 Partners, Ltd., dated February 10, 2000, recorded in Document No. 2000011056, Official Records of Williamson County, Texas, more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; and 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"). This purchase also includes 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 TWO HUNDRED SIXTY SIX THOUSAND SEVEN HUNDRED SIXTY SEVEN and no/100 Dollars ($266,767.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. CPFDesktop\::ODMA/WORLDOX/O:/WDOXICORR/TRANSPRT/HWY99/FM1460PR/Ra.ST/00063113.WPD/els /?-0- a --la- Jyc/ 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, Seller, at Purchaser's sole cost and expense, shall have caused the Austin Title Company, Round Rock office ("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 promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. In the event Seller is unable to do so prior to the closing date or by other date as agreed to between the parties, Purchaser may terminate this Contract and it shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII. 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 shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, 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 notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so prior to the closing date or by other date as agreed to between the parties, Purchaser may terminate this Contract and the Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser, as provided in Article VII. E 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; (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. ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before March 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 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 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: 3 (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) 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 by Purchaser, and the standard printed exceptions contained in the usual form ofTexas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) 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. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the 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: 4 (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI ESCROW DEPOSIT For the purpose of 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 in Article IX hereof. 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 its total damages and relief and as Seller's sole remedy hereunder in such event. 9 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 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. M Gender 9.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 9.10 This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. Possession and Use Agreement 9.11 By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a public road and related facilities, upon full execution of this contract. SELLER: FM 1460 P an TEXAS LIMITED PARTNERSHIP 7 PURCHASER: CITY OF ROUND ROCK By: e axwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: a 4o� -0j/ County: Williamson Highway: U.S. 79 Limits: From: West of FM-1460r�=XHIMIT To: East of FM -1460 CSJ No: 0204-01-055 Account No: 8014-2-29 PROPERTY DESCRIPTION FOR PARCEL 3 Page 1 of 3 DESCRIPTION OF 0.5974 ACRES (26021 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY NO. 9, ABSTRACT NO. 297, W ILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS 6.011 ACRES IN THAT WARRANTY DEED TO FM1460 PARTNERS, LTD., DATED FEBRUARY 10, 2000, RECORDED IN DOCUMENT NO. 2000011056 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; THE SAID 0.5974 -ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY PLAT FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation (Tx.D.O.T.) Type II Monument set, being the intersection of the north line of the proposed right-of-way of U.S. Highway No. 79 and the east line of the existing right-of-way of Farm to Market Road No. 1460 (80 -foot wide), and being the most westerly southwest corner of the said 6.011 -acre FM1460 Partners tract, being 49.44 feet left of proposed survey baseline station 151+00.33, and also being the northwest corner of the herein described 0.5974 -acre tract, from which a 60d nail found, bears N46°41'28"W, a distance of 1.01 feet; THENCE leaving the said east line the existing right-of-way of Farm to Market Road No. 1460, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 6.011 -acre FM1460 Partners tract, the following two (2) courses: 1. N79°32'44"E, a distance of 344.10 feet to a Tx.D.O.T. Type II Monument set, being 44.00 feet left of proposed survey baseline station 154+43.00, and; 2. N31 °53'14"E, a distance of 75.82 feet to a Tx.D.O.T. Type II Monument set on the curving west line of the future right-of-way realignment of Farm to Market Road No. 1460 (140 -foot wide), being 100.00 feet left of proposed survey baseline station 154+94.12, from which a Point for Reference, being a Type II Monument found at the point -of -curvature of the said west line of the future right-of-way realignment of Farm to Market Road No. 1460, bears a distance of 149.67 feet with the arc of a curve to the right whose central angle is 0540'13", with a radius of 1512.39 feet and whose chord bears N05°19'07"W, a distance of 149.61 feet; THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No. 79, with the said west line of the future right-of-way realignment of Farm to Market Road No. 1460, continuing over and across the said 6.011 -acre FM1460 Partners tract, the following three (3) courses: 3. a distance of 65.45 feet with the arc of a curve to the left whose central angle is 02°28'46", with a radius of 1512.39 feet and whose chord bears S09'23'36"E, a distance of 65.44 feet to a 1/2 -inch iron rod found, at the tangent ending of said curve; 4. S10°37'59"E, a distance of 10.67 feet to a 1/2 -inch iron rod found; TATech1\TxDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-208_P3.ay.doc February 13, 2003 Page 2 of 3 County: Williamson Highway: U.S. 79 Limits: From: West of FM -1460 To: East of FM -1460 CSJ No: 0204-01-055 Account No: 8014-2-29 5. S34'24'25"W, a distance of 70.52 feet to a point on the north line of the existing right-of-way of U.S. Highway No. 79 (120 -foot wide), being the south line of the said 6.011 -acre FM1460 Partners tract, from which a 1/2 -inch iron rod found bears S34°24'25"W, a distance of 0.25 feet, and another 1/2 -inch iron rod found, being the southeast corner of the said 6.011 -acre FM1460 Partners tract bears N79026'1 9"E, a distance of 109.44 feet; THENCE leaving the said west line of the future right-of-way realignment of Farm to Market Road No. 1460, with the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 6.011 -acre FM1460 Partners tract, S79026'1 9"W, a distance of 292.50 feet to a point, being the most southerly southwest corner of the said 6.011 - acre FM1460 Partners tract, from which a 60d nail found bears S46°41'28"E, a distance of 0.74 feet; THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 6.011 -acre FM1460 Partners tract, with the southwest line of the said 6.011 -acre FM1460 Partners tract, N46°41'28"W, a distance of 87.53 feet to the POINT OF BEGINNING and containing 0.5974 acres (26021 square feet) of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, John Strawbridge, 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 is based upon a on the ground survey compiled during October, 2001. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 13 ay of February, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300�ET John Strawbri e Austin, Texas 78746 kQ-��` s T ........ e� y Registered Professional Land Surveyor No. 4283 - State of Texas JOHN STRA VRRIDC;F �0A_ 0 �0�,••S U R`IF T:\Tech1\TxDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-208_P3.ay.doc February 13, 2003 3' . / O' N.T.S. � 1 7. 49.44' Lt / i O PR.R.O.W. / A 40 a= 22646" R = 1512.39' L = 65.45' C - 65.44' CB= S0973'36E 3 0.5974 ACRE �ry^� (26021 SQ.FT.) -N"A'ti Cl 154.43.00 2�Nro^�al' 44.00' Lt r 08= 8977-02'16'E 8979 PRC Sta 144+59.55 j /ryry PT Sta 154+43, e?�� ESALtNE +29Z 5� Mw EX PROPOSED +sO / a -- o C\ 79 PE�-2p4-1_9 C/L US O - '�. pR10R A13g7.297 dt a gUR•N0. a J ! \ / 3 g , A = 5'40'13" R = 1512.39' t y�•`�� 4 0 4 E - 3139328.410 L - 149.67' Imo, p t .'t ?B� kut- t 2 �° C = 149.61' CB - N05'19'07"W L = 98&4W %' FM1460 PARTNERS, LTD. / E-3139465.783 DOC.2000011056, O.P.R.W.C. COURSES k STATIONS 123+45 WARRANTY DEED: FEB. 10, 2000 COURSES FROM ADJOINING '�► �; 6.011 AC. T 3 0.5974 ACRE �ry^� (26021 SQ.FT.) -N"A'ti Cl 154.43.00 2�Nro^�al' 44.00' Lt r 08= 8977-02'16'E 8979 PRC Sta 144+59.55 j /ryry PT Sta 154+43, e?�� ESALtNE +29Z 5� Mw EX PROPOSED +sO / a -- o C\ 79 PE�-2p4-1_9 C/L US O - '�. pR10R A13g7.297 dt a gUR•N0. a _ - , .C5L8Q N - 10163060.897. � DetgPS4+ / r ;` N POINT OF BEGINNING E - 3139328.410 IRON ROD FOUND (1/2', OR AS NOTED) 2 PARCEL 3 A - 4'55'02" R 11459.18' 0 / f,.° 151+00.33 49.44 Lt L = 98&4W N=10163131.417 T om. C 983.14' / E-3139465.783 3 0.5974 ACRE �ry^� (26021 SQ.FT.) -N"A'ti Cl 154.43.00 2�Nro^�al' 44.00' Lt r 08= 8977-02'16'E 8979 PRC Sta 144+59.55 j /ryry PT Sta 154+43, e?�� ESALtNE +29Z 5� Mw EX PROPOSED +sO / a -- o C\ 79 PE�-2p4-1_9 C/L US O - '�. pR10R A13g7.297 dt a gUR•N0. a V h` Page 3 of 3 �I LEGEND G TX.D.O.T. TYPE I MONUMENT SET Q TX.D.o.T. TYPE I MONUMENT FOUND • IRON ROD FOUND (1/2', OR AS NOTED) A NAL FOUND (60D. OR AS NOTED) PT POINT OF TANGENCY O.P.R.W.C. OFFICIAL PUBLIC RECORDS OF WI LIAMSON COUNTY. TEXAS TX.D.O.T. TEXAS DEPARTMENT OF TRANSPORTATION R.O.W. RIGHT—OF—WAY S72'10'W COURSES k STATIONS 123+45 FROM TX•D.O.T. RECORDS (S07000 -C) COURSES FROM ADJOINING R = 143239' PROPERTY RECORDS T PRAY UNE CENTERLINE O PARCEL NUMBER FOR R.O.W. ACQUISITION V h` Page 3 of 3 �I a 60' f S10'3759'E PT= 45§� C cn 8979'29 ;a�C m PC= 457+17.69 NA tiro CA Curve Dcto io d = 8'08'59" R = 143239' o o L = 203.74' +• C8= S06 32'51 E 0) C = 203.57' 0 PI Sta= 458+19.73 1 12 100.00'0.00' Lt � A \ p f S10'3759'E PT= 45§� 10.67' 47'E w /160:67 N 8979'29 L►NE _ _.. - -- - o - '24'25'W y� 70.52' o'w _ US 95H1GNW AY 79 EX►�NG �-__ 0 ��; • F� ................................ .*. �9tlt - p JOHN STRAWBRIDGE D1 ROWh.+t + .....:q ....................... \ /,;. %-, <'.4, 42$ar 3 rrQ p - � StJ R 1. ALL BEARINGS AND COOMMin SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDMNTE SYSIEN, NAD63. CENTRAL ZONE ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES. ALL COORDINATES WERE ADJUSTED FROM STATE PLANE GRID TO PROJECT SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085. REFERENCE Tx.D.o.T. CONTROL POINT N2460044. PRQIECT SURFACE COORDINATE N-10183546.214. E-3142527.910. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED RELATIVE TO THE PROPOSED SURVEY BASELINE OF US HIGHWAY 79. ALL OFFSETS ARE MEASURED AT RIGHT ANGLES TO SAID SURVEY BASELINE 4. REMAINDER AREAS SHOWN IN THE TABLE ARE CALCULATED BY SUBIRAGTIN G THE R.O.W. ACQUISITION FROM THE RECORD DEED 1 ' Or 6V 4f ly J, 5P 1 1 HERElyY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNI)ER MY DIREC7IW AND BEST OFVKNOW"LEDMAND NO IS TRUE AND CORRECT GRAPHIC SCALE TORO cE REGISTERED PROFESSIONAL LAND SURVEYOR DATE STATE OF TEXAS NO. 4283 CartersGurge55 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF PARCEL 2705 Bee Cave Road FM1460 PARTNERS, LTD. NUMBER 3 ACRES SQUARE FEET SuiteDATE Tx.D•O.T. PROJECT DISTRICT ACQUISITION 0.5974 26021 Austin. Texass 78746 OCTOBER 2001 Phone:512.314.3100 Fox:512.328.6672 U S HIGH WAY 79 14, www.c—b.com SCALEDEED AREA 6.011 O Copyright 2002 Curter & Burgess, Inc. 1 " COUNTY = 100' ACCOUNT NO. C. S. J. NO. 8014-2-29 0204-01-055 WILLIAMSON REMAINDER AREA 5.414 T:\Techl\TxOOT6eneral\Or 98_TxDoT_u579-RR_RoW-Plan\Fnotes\Fn01-208_P3-dwg, 3 of 3, 2003/02/1312:36 p, 5chreiberKL, C8 Austin Survey