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R-04-02-12-14C2 - 2/12/2004RESOLUTION NO. R -04-02-12-14C2 WHEREAS, the City desires to purchase a 2.280 acre tract of land for additional right-of-way for the Highway 79 improvement project, and WHEREAS, 54 Acres, 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 54 Acres, 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, 2 0 0 4 NYP'E SWELL, Mayor City of Round Rock, Texas AT ' ST n. e;n CHRISTINE R. MARTINEZ, City Sec tory @Yr"_,P.sktop\::ODMA/WORLLKixjo:!WDOx/RESOL'JTx/Rac212C2.wbU/r2c22df?./sc w ti REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between 54 ACRES, 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 2.280 acres of land 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 54.043 acres in that warranty deed to 54 Acres, Ltd., dated May 22, 2000, recorded in Document No. 2000032957, Official Public 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 SIX HUNDRED NINETY FIVE THOUSAND and no/100 Dollars ($695,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. CPFDesktop\::ODMAIWORLDOXIO:IWDOXICORRITRANSPRTIHWY79/54ACRESIR.QST/00063115.WPDISIS EXHIBIT w 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 maybe 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. 2 Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (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: 9 (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 a (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 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. C. 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: 54 ACRES, TD., TEXAS LIMITED PARTNERSHIP By: / 5L1 Jo . ewis Date G al Partner 7 By: PACIFIC ASSET MANAGEMENT, INC., General Partner By: - "o Al Allred, President Date By: BUTLER BROADCASTING MANAGEMENT CO., INC., General Partner By: &W46•� ' r Roy A. gutter, President Date PURCHASER: CITY OF ROUND ROCK LIM Nyle Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 9 DATE: February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: 14. C. 2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with 54 Acres, Ltd. for the purchase of right-of- way for the Highway 79 Expansion Project. Department: Legal Staff Person: Steve Sheets, City Attorney Justification: Increased east west mobility in the northern part of Round Rock. Funding: Cost: $695,000 Source of funds: TCIP Outside Resources: Sheets & Crossfield, P.C. Background Information: N/A Public Comment: N/A EXECUTED DOCUMENT FOLLOWS REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract') is made by and between 54 ACRES, 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 2.280 acres of land 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 54.043 acres in that warranty deed to 54 Acres, Ltd., dated May 22, 2000, recorded in Document No. 2000032957, Official Public 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 SIX HUNDRED NINETY FIVE THOUSAND and no/100 Dollars ($695,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/TRAHSPRT/HWY79/54ACRES/REAIEST/00063115.WPD/sls R- oL#J- 0a-4 - Y416 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 maybe 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. 2 Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (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 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 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. 1.1 Grender 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: 54 ACRES, LTD., ATEXAS LIMITED PARTNERSHIP I//� L� l / �////. GefiVal Partner 7 By: PACIFIC ASSET MANAGEMENT, INC., General Partner 1'9a By. - 3-6 Al Allred, President Date By: BUTLER BROADCASTING MANAGEMENT CO., INC., General Partner By: Roy A. B'utfer, President Date PURCHASER: CITY OF ROUND ROCK By: yle Nfaxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: Q - M _O y P. Page 1 of 5 County: Williamson Highway: U.S. 79 Limits: From: West of FM -1460 BIT To: East of FM -1460 Fb CSJ No: 0204-01-055 Account No: 8014-2-29 PROPERTY DESCRIPTION FOR PARCEL 4 DESCRIPTION OF 2.280 ACRES OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY NO. 9, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS 54.043 ACRES IN THAT WARRANTY DEED TO 54 ACRES, LTD., DATED MAY 22, 2000, RECORDED IN DOCUMENT NO. 2000032957, OFFICIAL PUBLIC RECORDS OF W ILLIAMSON COUNTY, TEXAS; SAID 2.280 - 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 curving east line of the future right-of-way realignment of Farm to Market Road No. 1460 (140 -foot wide), and being 100.00 feet left of proposed survey baseline station 156+34.25, and also being the northwest corner of the herein described 2.280 -acre tract, from which a Point for Reference, being a Type 11 Monument found at the point -of -curvature of the said east line of the future right-of-way realignment of Farm to Market Road No. 1460, bears a distance of 130.07 feet with an arc of a curve to the right whose central angle is 05°25'49", with a radius of 1372.39 feet and whose chord bears N05*11'55"W, a distance of 130.02 feet; THENCE leaving the said east line of the future right-of-way realignment 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 54.043 -acre 54 Acres Ltd. tract, the following six (6) courses: S58'41'36"E, a distance of 75.00 feet to a Tx.D.o.T. Type II Monument set, being 50.00 feet left of proposed survey baseline station 156+90.15; 2. N79°53'57"E, a distance of 853.54 feet to a Tx.D.o.T. Type II Monument set at the tangent beginning of a curve to the left, being 44.00 feet left of proposed survey baseline station 165+43.67; 3. a distance of 194.54 feet with the arc of the said curve to the left whose central angle is 0°58'35", with a radius of 11415.16 feet and whose chord bears N79°00'29"E, a distance of 194.54 feet to a Tx.D.o.T. Type II Monument set at the non -tangent ending of said curve, being 44.00 feet left of proposed survey baseline station 167+38.96; 4. N32'29'54"E, a distance of 75.21 feet to a Tx.D.o.T. Type II Monument set, being 98.00 feet left of proposed survey baseline station 167+91.63; 5. N78004'47"E, a distance of 70.16 feet to a Tx.D.o.T. Type II Monument set, being 98.00 feet left of proposed survey baseline station 168+62.40; T:\Tech1\TxDOTGeneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-209_P4.ay.doc February 13, 2003 Page 2 of 5 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 6. S56'1 0'26"E, a distance of 20.15 feet to a 1/2 -inch iron rod set with aluminum cap stamped "Texas Dept of Tran" on an east line of the said 54.043 -acre 54 Acres Ltd. tract, being the west line of that tract of land described as 1.096 acres in that warranty deed to Highland Management, Inc., dated August 30, 1984, recorded in Volume 1067, Page 679 of the Official Records of Williamson County, Texas, the said point being 83.52 feet left of proposed survey baseline station 168+76.52, from which a Point for Reference, being a 1/2 -inch iron rod found at an angle point on the said east line of the 54.043 -acre 54 Acres Ltd. tract and the northwest corner of the said 1.096 -acre Highland Management tract, bears N08'03'56"W, a distance of 210.81 feet; THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No. 79, with the said east line of the 54.043 -acre 54 Acres Ltd. tract and west line of the 1.096 -acre Highland Management tract, S08003'56"E, passing at a distance of 120.31 feet a 1/2 -inch iron rod found, in all a total distance of 120.72 feet to a point on the curving north line of the existing right-of-way of U.S. Highway No. 79 (100 -foot wide), being the southeast corner of the said 54.043 -acre 54 Acres Ltd. tract, and being the southwest corner of the said 1.096 -acre Highland Management tract; THENCE leaving the said east line of the 54.043 -acre 54 Acres Ltd. tract and west line of the 1.096 -acre Highland Management tract, with the said north line of the existing right-of-way of U.S. Highway No. 79, being the south line of the said 54.043 -acre 54 Acres Ltd. tract, the following four (4) courses: 7. a distance of 162.26 feet with an arc of a curve to the right whose central angle is 01'38'13", with a radius of 5679.58 feet and whose chord bears S78'37'1 2"W, a distance of 162.25 feet to a point at the tangent ending of said curve; 8. S79°26'19"W, a distance of 267.71 feet to a point, from which a 1/2 -inch iron rod with plastic cap found, bears S02°27'36"E, a distance of 0.12 feet; 9. NO2°27'36"W, passing at a distance of 0.24 feet a 1/2 -inch iron rod found, in all a total distance of 10.10 feet to a point, from which a 1/2 -inch iron rod found bears NO2°27'36"W, a distance of 0.13 feet, and from which a 1/2 -inch iron rod found with plastic cap bears S53°57'26"W, a distance of 0.68 feet, and; 10. S79°26'19"W, a distance of 757.51 feet to a point on the said east line of the future right-of-way realignment of Farm to Market Road No. 1460, from which a 1/2 -inch iron rod found bears S55*35'35"E, a distance of 0.15 feet; THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 54.043 - acre 54 Acres Ltd. tract, with the said east line of the future right-of-way realignment of Farm to Market Road No. 1460, over and across the said 54.043 -acre 54 Acres Ltd. tract, the following three (3) courses: 11. N55°35'35"W, a distance of 70.59 feet to a 1/2 -inch iron rod found; 12. N10°37'59"W, a distance of 10.85 feet to a 1/2 -inch iron rod found at the tangent beginning of a curve to the right, and; 13. a distance of 65.14 feet with the arc of the said curve to the right whose central angle is 2°43'10", with a radius of 1372.39 feet and whose chord bears N09'1 6'24"W, a distance of 65.13 feet to the POINT OF BEGINNING and containing 2.280 acres of land, more or less. TATech1\TxDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-209_P4.ay.doc February 13, 2003 County: Highway: Limits: CSJ No: Account No: Summary Williamson U.S. 79 From: West of FM -1460 To: East of FM -1460 0204-01-055 8014-2-29 Parcel 4 = 2.280 acres (99303± square feet) Parcel 4E = 0.1148 acres (5000± square feet) Total Acquisition = 2.395 acres (104303± square feet) BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS Page 3 of 5 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, Tei his the 1 day of February, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 �� ..°F., TQC. John Strawbri ge Austin, Texas 78746 ?'G� 5 T f 41 % Registered Professional Land Surveyor "-.U) No. 4283 - State of Texas ..................... JOHN STRAWBRIDGE ................... 4283 P p :fS S\ ��O SUR`I T:\Tech1\TXDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-209_P4.ay.doc February 13, 2003 V 54 ACRES, LTD. DOC.2000032957, O.P.R.W.0 WARRANTY DEED: MAY 22, 2000 47.493 AC. —T L Cl e= 1372.399 ' 2,280 ACRE R = 1372. L = 65.14' (99306 SQ.FT.) C = 65.13' CB- N0916'24"W SOUTHWESTERN BELL TELEPHONE COMPANY VOL616 PG.533, O.R.W.C. 10' ESMT.: SEPT. 5, 1975 ENSERCH CORPORATION (c/o LONE STAR GAS COMPANY) VOL1763, PG.155, O.R.W.C. ESMT.: MAR. 2, 1989 MEASURING STATION SITE, 10000 SQ. FT. 25 FOOT WIDE ROADWAY, 3026 S0. FT.//,>\ 50.00'.15 50.00' Lt S58'41'36'E 75.00' / 0/1 PER CS f_U7iIRE FM7460 ¢ 2211-02_014 FUTURE F 0 ho FM1460 PARTNERS. LTDDOC 200010156O.P.R.W, C a I a WARRAN'i 6 FEB. 10, 2000 Q AC. L___ FlJiT1RE R.O.W. LINE 4 0 CA Curve Data A = 8'08'59" R = 1432.39' POINT OF BEGINNING L = 203.74' PARCEL 4 C = 203.57' 156+34.25 CB- S0632'51 "E 100.00' Lt Pl Sto= 458+19.73 N=10163283.781 E=3139982.004 C2 A = 525'49' R = 1372.39' L - 130.07' C = 130.02' CB= N05'11'55'W CarterEEBurgess 2705 Bee Cove Road Suite 300 Austin, Texas 78746 Phone:512.314.3100 Fox:512.328.6672 www.c-b.com © Copyright 2002 Carter do Burgess, Inc. ?l "E 7' OF_ T1 J�P.6\S T E*-.,+ C ............................ Page 4 of 5 MAM LIE 70 MEET 4 6 � X15 t N.T.S. r bry2y� pR1bR A' BS-�.�97 -- SUR.tA A NOTES, 1. ALL BEARINGS AND COORDINATES SHOWN HERIDDN ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NADB3, CENTRAL ZONE ALL DISTANCES SHOWN HEREON ARE SURFACE DbTANCES. ALL COORDINATE 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. PROJECT SURFACE COORDINATE N-10153546.214. E-3/42527.910. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PET4TAIING TO TMS PROPERTY THAT ARE NOT SHOWN HEREON. 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED RELATIVE TO THE PROPOSED SURVEY BASELINE OF US HN:HNIAY 79. ALL OFFSETS ARE MEASURED AT RIGHT ANGLES TO SAID SURVEY 4. REMAINDER AREAS SHOWN IN THE TABLE ARE CN.CIAATED BY SUBTRACTING THE R.O.W. ACQUISITION FROM THE RECORD DEED ACRE40E. ...... .` ' 1 HEREBY CERTIFY THAT TMS SURVEY WAS MADE ON THE GROUND •4283 r :4 tlNtECTaN SUPEDV151OIN An IS TRUE AND CORRECT TO OF AND BE11Ff. 0�:• O �••S U R REGISTERED PROFESSIONAL SURVEYOR DATE STATE OF TEAS NO. 4283 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF LEGEND C TX.D.O.T. TYPE N MONUMENT SET Q TX.D.O.T. TYPE N MONUMENT FOUND 1/2' NEON ROD SET WITH TX.D.O.T. ALUMINUM CAP STAMPED IDIAS DEPT OF TRAM' • RON ROD FOUND (1/2% OR AS NOTED) ® 1/2' IRON ROD FOUND WITH CAP A NAA FOUND (BOD, OR AS NOTED) L CALCULATED PONT (NOT SET) PC POINT OF CURVATURE PT POINT OF TANGENCY O.P.R.W.C. OFFICLW PUBLIC RECORDS OF WKIIAMSON COUNTY. TDM O.R.W.C. OFFICIAL RECORDS OF 1 " = 100' WIL1.kWM COUNTY. TEXAS TX.D.O.T. TEXAS DEPARTMENT OF TRAFSPORTATNON R.O.W. RN#iT—OF—WAY 57270'W COURSES Nt STATIONS 123+45 FROM TX.D.O.T. RECORDS (s0z0.00'E) COURSES FROM ADJOINING (12345) PROPERTY RECORDS �— PROPERTY UNE —� CEmTERLINE PARCEL NUMBER FOR R.O.W. ACGUIsrTION 6 � X15 t N.T.S. r bry2y� pR1bR A' BS-�.�97 -- SUR.tA A NOTES, 1. ALL BEARINGS AND COORDINATES SHOWN HERIDDN ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NADB3, CENTRAL ZONE ALL DISTANCES SHOWN HEREON ARE SURFACE DbTANCES. ALL COORDINATE 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. PROJECT SURFACE COORDINATE N-10153546.214. E-3/42527.910. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PET4TAIING TO TMS PROPERTY THAT ARE NOT SHOWN HEREON. 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED RELATIVE TO THE PROPOSED SURVEY BASELINE OF US HN:HNIAY 79. ALL OFFSETS ARE MEASURED AT RIGHT ANGLES TO SAID SURVEY 4. REMAINDER AREAS SHOWN IN THE TABLE ARE CN.CIAATED BY SUBTRACTING THE R.O.W. ACQUISITION FROM THE RECORD DEED ACRE40E. ...... .` ' 1 HEREBY CERTIFY THAT TMS SURVEY WAS MADE ON THE GROUND •4283 r :4 tlNtECTaN SUPEDV151OIN An IS TRUE AND CORRECT TO OF AND BE11Ff. 0�:• O �••S U R REGISTERED PROFESSIONAL SURVEYOR DATE STATE OF TEAS NO. 4283 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF PARCEL 4 54 ACRES, LTD. NUMBER ACRES SQUARE FE DATE Tx.D.O.T. PROJECT DISTRICT ACQUISITION 2.280 99303 OCTOBER 2001 US HIGHWAY 79 14 SCALE COUNTY DEED AREA 54.043 1 " = 100' ACCOUNT NO. 8014-2-29 C. S. J. NO. 1 0204-01-055 WILLIAMSON I REMAINDER AREA 51.763 T:\Techl\TxDOT6eneral\050098_TxboT_US79-RR_RoW-Plan\Fnotes\FnOI-2O9_P4.dwg, 4 of 5, 2003/02/13 12:38 p, SchreiberKL, CB Austin Survey B? 56' D, PT= 169+88.65 HIGHLAND MANAGEMENT, INC. a 3VOL-1067, PG.679, O.R.W.C. WARRANTY DEED: AUG. 30, 1984 O� rt.T.s. 1.096 AC. I v y 12o.3t' 3 \ tib 0.41 O ^O (-5-46'15-E �f 3JJ.Z4) Gf 1 52 6b NO3''S6"W �1•'�' 833 52'.52' Lt 210.81' i �5 120.72' i 1601 8+62.40 " •, i 98.00' Lt �• N78'04'4r 70.16' 167.91.63 98.00' Lt O' C3 ti� I 167.38.96 44.00' Lt I i e = 058'35' 3 w 4 R = 11415.16' L - 194.54' I =1 C = 194.54' I 13ii CB= N79W29'E I I o z 4 =t�t 2.280 ACRE (99303 SQ.FT.) N -N 445003.67 - 3 54 ACRES, LTD. I DOC.2000032957, O.P.R.W.0 CA QD WARRANTY DEED: MAY 22, 2000 54.043 AC. go s: SOUTHWESTERN BELL , TELEPHONE COMPANY VOL.616 PG.533, O.R.W.C. 10' ESMT.: SEPT. 5, 1975 rr _ n P, W n ,.> 60 n K z 00 `�_---� 7 �I 3 0 Ir 0 Z 9 ICP' 8' 6V I GRAPHIC SCALE Page 5 of 5 - - I - ' - -I. - - END CSJ/ 204-1-4 i L, POT- 583.6-4— Ll 3 0 a z MATCH UK ' M SEW 3 Carter�Burgess 2705 Bee Cave Rand Suite 300 Austin. Texas 78746 Phone:512.314.3100 Fox:512.328.6672 1www.c—b.com © Copyright 2002 Carter & Burgess, Inc. C3 CIL Curve Doto Proposed Survey Baseline Curve Data ACRES SQUARE FEET e = 138'13" PI = 578+51.3 PI Sta 167+66.19 DISTRICT 1 4 R = 5679.58' d = 356' Rt N = 10163391.808 E = 3141113.210 SCALE 1 " = 100' L = 162.26' D = 1 • e = 2'13'30' I C — 162.25' T = 196.8" R = 11459.16' C8= S78Zrl2 W L = 393.3' L = 444.98' T = 222.52' C = 444.95' CB= N7823'02"E ' Pr. 580.57e PC Sta 165+43.67 PT Sta 169+88.65 W z q�F C3 �o�o s'cp �o e� 3 z �oIQ N_ J I SIN U � I PC= 165+4.2-F7 - - I - ' - -I. - - END CSJ/ 204-1-4 i L, POT- 583.6-4— Ll 3 0 a z MATCH UK ' M SEW 3 Carter�Burgess 2705 Bee Cave Rand Suite 300 Austin. Texas 78746 Phone:512.314.3100 Fox:512.328.6672 1www.c—b.com © Copyright 2002 Carter & Burgess, Inc. RIGHT—OF—WAY PLAT SHOWING PROPERTY OFPARCEL 54 ACRES, LTD. NUMBER 4 ACRES SQUARE FEET DATE OCTOBER 2001 Tx.D.O.T. PROJECT U S HIGHWAY 7 9 DISTRICT 1 4 ACQUISITION 2.280 99303 DEED AREA 54.043 SCALE 1 " = 100' ACCOUNT NO. 8014-2-29 C. S. J. NO. 0204-01-055 COUNTY WILLIAMSON I REMAINDER AREA 1 51.763 T:\Tech]\TxDOTGeneral\050098_TxDoT_U579-RR_RoW-Pian\Fnotes\Fn01-209_P4.dwg, 5 of 5, 2003/02/1312:38 p, SchreiberKL, CB Austin Survey IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEED 9 PGS CORRECTION SPECIAL WARRANTY DEED Highway 79 Improvement Project THE STATE OF TEXAS § COUNTY OF WILLIAMSON § 2005080303 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WHEREAS, Williamson County, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of Highway 79 ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, 54 ACRES, LTD., hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantor in hand paid by Williamson County, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto Williamson County, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: BEING 2.130 acres, more or less, out of the PRIOR A. HOLDER SURVEY NO. 9, Abstract No. 297, Williamson County, Texas, and being more particularly described in Exhibit "A" attached hereto. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the County or its contractors and assigns to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements. 0:\wdox\CORR\transprt\Hwy79\54acres\swdeed\00091033.DOC This Correction Deed is in place of, and corrects, the original deed dated March 5h, 2004 and recorded in Doc. No. 2004020465, Official Records, Williamson County, Texas. The original deed remains in full force and effect, with the exception the revision of the property description and field note exhibit for the property subject to this transaction, which was incorrectly identified in original deed. The description and field note exhibit are now revised in this Correction Special Warranty Deed and are incorporated herein for all purposes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto Williamson County, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto Williamson County, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the,tday of , 2005. 54 ACRES, LTD., AIfj✓XAS LIMITED PARTNERSHIP M. LEWIS, GerVral Partner By: PACIFIC ASSET MANAGEMENT, INC., General Partner 1 By: Z�' AL ALLRED, President By: BUTLER BR(*DCASTING ANAGEMENT CO, INC., General Parto By: ROY A. B LER, President Acknowledgment State of Texas County of 77e4 ✓I �N This instrument was acknowledged before me on this the , / day of - `j 5 2005 by JOHN C. LEWIS JUDITH R. DEZSO ": *= MY COMMISSION EXPIRES =?;rf June 28, 2008 State of Texas County of Q a5 I N ry �Public,State of Texas Acknowledgment This instrument was acknowledged before me on this the 3 day of �, 2005 by AL ALLRED. KELLY D SLATER 9 . I My Commission Expires October 26, 2008 State of Texas County of �I 1-1� �0- - -A Nottry Puba, , State of Texas Acknowledgment This instrument was acknowledged before me on this the,2 day of , 2005 by ROY A _ RT TTI .FR p DELL BOOTHE z NOTARY PUBLIC STATE OF TEXAS COMM EYP Ol4-14-2007 — 0(11ZOA�� —/ Notary Public, State of Texas 3 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. �i 309 East Main Round Rock, Texas 78664 4 County: Williamson Page 1 of 5 Highway: U.S. 79 - Limits: From; West of FM -1460 To: East of FMA 460 CSJ No: 0204-01-055 Account No: 8014-2-29 PROPERTY DESCRIPTION FOR PARCEL 4 DESCRIPTION OF 2.130 ACRES OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY NO. 9, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS 54.043 ACRES IN THAT WARRANTY DEED TO 54 ACRES, LTD., DATED MAY 22, 2000, RECORDED IN DOCUMENT NO. 2000032957, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.130 -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 that tract of land described as 2.076 acres to State of Texas, recorded in Document No. 2003054423, Official Public Records of Williamson County, Texas, same being the east line of the future right-of-way realignment of Farm to Market Road No. 1460 (140 -foot wide), and being 100.00 feet left of proposed survey baseline station 156+34.25, and also being the northwest comer of the herein described 2.130 -acre tract, from which a Point for Reference, being a Type II Monument found at the point -of -curvature of the east line of the future right-of-way realignment of Farm to Market Road No. 1460, bears N0501 1'55'W, 130.02 feet; THENCE leaving the east line of said 2.076 -acres and the east line of the future right-of-way realignment of Farm to Market Road No. 1460, with the north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 54.043 -acre 54 Acres Ltd. tract, the following five (5) courses: 1. S58041136"E, a distance of 75.00 feet to a Tx.D.o.T. Type II Monument set, being 50.00 feet left of proposed survey baseline station 156+90.15; 2. N79053'57"E, a distance of 853.54 feet to a Tx.D.o.T. Type II Monument set at the tangent beginning of a curve to the left, being 44.00 feet left of proposed survey baseline station 165+43.67; 3. a distance of 194.54 feet with the arc of said curve to the left whose central angle is 0058'35", with a radius of 11415.16 feet and whose chord bears N79000'29"E, a distance of 194.54 feet to a Tx,D.o.T. Type II Monument set, being 44.00 feet left of proposed survey baseline station 167+38.96; 4. N32°29'54"E, a distance of 75.21 feet to a Tx.D.o.T. Type II Monument set, being 98.00 feet left of proposed survey baseline station 167+91.63; T:\Techt\TxDOTGeneraW50098 7xDoT_U579-RFt_.RoW-Plan\Fnotes\Fnoi-209_P4-REV.ks.doc December 12, 2003 County: Williamson Page 2 of 5 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 N78004'47"E, a distance of 35.02 feet to a Ih-inch iron rod with aluminum cap stamped "Texas Dept of Tran" set In the east line of said 54.043 -acres 54 Acres, Ltd. tract and In the west line of that tract of land described as 6.55 -acres to Highland Management, Inc., recorded In Document No. 2001037863, Official Public Records of Williamson County, Texas; THENCE leaving the north line of the proposed right-of-way of U.S. Highway No. 79, with the east line of said 54.043 -acres 54 Acres, Ltd. tract and the west line of said 6.55 -acres Highland Management, Inc. tract, S08°03'45"E, passing at a distance of 134.84 feet a 1/2 -Inch iron rod with cap found, continuing in all a total distance of 135.21 feet to the southeast corner of said 54 -acres 54 Acres, Ltd. tract, being in the north line of the existing right-of-way of U.S. Highway No. 79 (100 -foot wide), for the southwest comer of said 6.55 -acres Highland Management, Inc. tract; THENCE with the north line of the existing right-of-way of U.S. Highway No. 79, and the south line of said 54.043 -acre 54 Acres, Ltd. tract, the following four (4) courses: 6. a distance of 112.08 feet with an arc of a curve to the right whose central angle is 01 °0750', with a radius of 5679.58 feet and whose chord bears S78052'24'W, a distance of 112.08 feet to a point; 7. S79026'1 9"W, a distance of 267.71 feet to a point, from which a 1/2 -inch iron rod with plastic cap found, bears S0202T36"E, a distance of 0.12 feet; B. N0202T36'W, passing at a distance of 0.24 feet a 1/2 -inch iron rod found, in all a total distance of 10.10 feet to a point, from which a 1/2 -Inch iron rod found bears N02027'36"W, a distance of 0.13 feet, and from which a 1/2 -inch iron rod found with plastic cap bears S53057'26"W, a distance of 0.68 feet, and; 9. S79026'11 9"W, a distance of 757.51 feet to a point on the east line of the future right-of-way realignment of Farm to Market Road No. 1460, for the southeast comer of said 2.076 -acres State of Texas tract, from which a 1/2 -inch iron rod found bears S55035'35"E, a distance of 0.15 feet; THENCE leaving the north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 54.043 - acres 54 Acres, Ltd. tract, with the said east line of the future right-of-way realignment of Farm to Market Road No. 1460 and the east line of said 2.076 -acres State of Texas tract, over and across the said 54.043 -acres 54 Acres, Ltd. tract, the following three (3) courses: T,\Teoh1\TxDOTGenomr\050098 TxDoT_Us79-RR_RoW-Plan\Fnotes\FnOt-2o9_PMREv.ks.doc December 12, 2003 Page 3 of 5 County: Highway: Limits: CSJ No: Account No: Williamson U.S. 79 From: West of FM -1460 To: East of FM -1460 0204-01-055 8014-2-29 10. N55°35'35"W, a distance of 70.59 feet to a 1/2 -inch iron rod found; 11. N10°37'59*W', a distance of 10.85 feet to a 1/2 -inch iron rod found; 12. a distance of 65.14 feet with the are of a curve to the right whose central angle is 02943'100, with a radius of 1372.39 feet and whose chord bears N09016'24V, a distance of 65.13 feet to the POINT OF BEGINNING and containing 2.130 acres of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone,. NAD 83 and adjusted to project surface coordinates using the adjustment scale factor of 1.000085. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, David Willits, 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, T s, this 16th day of tuber, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 �k.... �:.. IF David W III s Austin, Texas 78746 A, G s r eR, 4 Registered Professional Land Surveyor e -.'o No. 5744 - State of Texas p 5744 •OpE S S% SUR T:\Tech1\7xDOTGeneraM50098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-209_P4-REV.ks.doc December 12, 2003 GRAPHIC SCALE 4 Iqz p � Ix Y 54 ACRES, LTD. DOC.2000032957, O.P.R.W.0 WARRANTY DEED: MAY 22, 2000 54.043 AC. 4id � 2.130ACRE C1 (92644 SQ. e - 243'10" SOUTHWESTERN BELL R . 1372.39' TELEPHONE L - 65.14' VOL516 PG.533.MOP.R.W.C. C - 65.13' 10' ESMT.: SEPT. 5, 1975 C8- N09'16'24"W ENSERCH CORPORATION (0/0 LONE STAR GAS COMPANY) VOL1763. P0.155. O.R.W.C. ESMT.: MAR. 2, 1889 MEASURING STATION SITE, 10000 SQ.FT. 1: 25' WIDE ROADWAY, 3026 SQ.FT. RELEASED BY TXU GAS COMPANY MAY 15, 2002 PER DOC. NO. 2002043713 0.134 AC, RESERVED FOR EASEMENT PER DOC. NO. 2002060961 168.90.1\ 30.00' LI �"'"` J 2.0076 ACc/t F1S I 7FUTURE CSN% N- 1460 CA Curyg Date RIGHT—OF—WAY PLAT SHOWING PROPERTY OF A = 817859" 4 R - 1432.J9' POW OF BEGINNING L - 20.374' PARCEL 4 C - 20.157' 756434.25 CB= S06.32'51 E 100.00' Lt P1 Sto- 458+19.73 DATE C2 a = 525'49' R = 1372.39' L - 130.07' C - 130.02' CBs N0511'SWW .Ec uRDERS MEMORi ND III parts of r'e text on this page was r, I ewly lel ihls f -:,-,r satifzz"wry tett Wo: i 8 z 4 Ir Z R A N Page 4 of 5 MATCH UNE TO SHEET 5 �om �r i www ���s 0 • A A PC PIT O.P.R.W.C. O.R.W.C. TX.D.O.T. R.O.W. (572To'w) (123+s5) 15a7oba'E) (rla.se7 —p— G) f—O LEGEND TXA.O.T. TYPE II MONUMENT SET TX.O.OT. TYPE II MONUMENT FOUND 1/2' 1TON ROD SET WITH TX.DA.T. ALIRJNUM CAP STAMPEO 'TEXAS DEPT OF TRAM' IRON ROD FOLIO (1/2", OR AS NOTED) 1/2- IRON ROD FOUND WITH CAP NAL. FOUND (GOD, OR AS NOTED) CA4CW11ED POINT (NOT SET) PONT OF CURVATURE PONY OF TANGENCY OFFICIAL PUBLIC RECORDS OF WILLAMSON COUNTY. TDM OFFICUL RECORDS OF WLJ1W90N COUM TEXAS TDIAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY COURSES k STATIONS FROM TXA.O.T. RECORDS COARSES FROM ADJOINING PROPERTY LINE CENTER.I6 i - - � HLT.S i - =-----------;----- - HOLDER ry�,,pM1ry��ti �,R�p � 9• 857.287 I. ALL 0E9YUN65 AM COORDOWE5 SHOWN HEREON ARE BASED UPON THE TEXAS $TALE PLANE OOOROSWOE SVS11W HYIM CEKTRAL ZONE ALL MIANCFS DO" FIETEON ARE SURF I DISTA14= ALL COOROINM WERE ADJUSTED FROM STATE PUHE ORD TO PROJECT SIREACE USIM THE ADJUSTMENT SQU FAOTOR OF 1A000415. WERENCE TzD T. CONTROL POINT 924410044, PROJECT UN FACE OOOROINTE: N-tOI63546.214. E-3142527.910. 2, THIS SJIW WAS PERFORM WT HOOT THE BENEFIT OF A VU REPORT THIERE MAY BE FASEMH? M OR OTHER NSTRUYF2ITS PERIAINq 10 THIS PROPERTY 7NAT ARE NOT SHOWN HEREON - 3. ALL STA71 M AND OFFSETS SHOWN HEREON ARE IEJV4IRED RELATIVE 70 THE PROPOSED SURVEY BASELINE OF US H14RIIID' 79. ALL D�MM HE ARE 0J= AT NOW ANOM TO SAID SURVEY RMU4. TEIHIROE7T AREAS SHOWN N THE TABLE ARE CALCULATED BY 21101111AM D THE R.D.M. ACQUISITION FROM THE NEGORD OECD I HEREBY CI796Y TINT THIS SURVEY WAS MAIZE ON THE GROUND UNDER MY DIRECTION AND SRDMSION, AND IS TRUE AND CORRECT Z,Z;7 AND IELI F/z-1 z 103 RoasTErEv PROFESSIONM. LAND SURVEYOR STATE Of WM NO. 5744 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF N MCELBER 4 54 ACRES, LTD. N n Cow ROad I` ACR SQUARE FEET i DATE Tx.D.O.T. PROJECT Page 4 of 5 MATCH UNE TO SHEET 5 �om �r i www ���s 0 • A A PC PIT O.P.R.W.C. O.R.W.C. TX.D.O.T. R.O.W. (572To'w) (123+s5) 15a7oba'E) (rla.se7 —p— G) f—O LEGEND TXA.O.T. TYPE II MONUMENT SET TX.O.OT. TYPE II MONUMENT FOUND 1/2' 1TON ROD SET WITH TX.DA.T. ALIRJNUM CAP STAMPEO 'TEXAS DEPT OF TRAM' IRON ROD FOLIO (1/2", OR AS NOTED) 1/2- IRON ROD FOUND WITH CAP NAL. FOUND (GOD, OR AS NOTED) CA4CW11ED POINT (NOT SET) PONT OF CURVATURE PONY OF TANGENCY OFFICIAL PUBLIC RECORDS OF WILLAMSON COUNTY. TDM OFFICUL RECORDS OF WLJ1W90N COUM TEXAS TDIAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY COURSES k STATIONS FROM TXA.O.T. RECORDS COARSES FROM ADJOINING PROPERTY LINE CENTER.I6 i - - � HLT.S i - =-----------;----- - HOLDER ry�,,pM1ry��ti �,R�p � 9• 857.287 I. ALL 0E9YUN65 AM COORDOWE5 SHOWN HEREON ARE BASED UPON THE TEXAS $TALE PLANE OOOROSWOE SVS11W HYIM CEKTRAL ZONE ALL MIANCFS DO" FIETEON ARE SURF I DISTA14= ALL COOROINM WERE ADJUSTED FROM STATE PUHE ORD TO PROJECT SIREACE USIM THE ADJUSTMENT SQU FAOTOR OF 1A000415. WERENCE TzD T. CONTROL POINT 924410044, PROJECT UN FACE OOOROINTE: N-tOI63546.214. E-3142527.910. 2, THIS SJIW WAS PERFORM WT HOOT THE BENEFIT OF A VU REPORT THIERE MAY BE FASEMH? M OR OTHER NSTRUYF2ITS PERIAINq 10 THIS PROPERTY 7NAT ARE NOT SHOWN HEREON - 3. ALL STA71 M AND OFFSETS SHOWN HEREON ARE IEJV4IRED RELATIVE 70 THE PROPOSED SURVEY BASELINE OF US H14RIIID' 79. ALL D�MM HE ARE 0J= AT NOW ANOM TO SAID SURVEY RMU4. TEIHIROE7T AREAS SHOWN N THE TABLE ARE CALCULATED BY 21101111AM D THE R.D.M. ACQUISITION FROM THE NEGORD OECD I HEREBY CI796Y TINT THIS SURVEY WAS MAIZE ON THE GROUND UNDER MY DIRECTION AND SRDMSION, AND IS TRUE AND CORRECT Z,Z;7 AND IELI F/z-1 z 103 RoasTErEv PROFESSIONM. LAND SURVEYOR STATE Of WM NO. 5744 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF N MCELBER 4 54 ACRES, LTD. n Cow ROad ACR SQUARE FEET LCarotersGurqess LAW 300 DATE Tx.D.O.T. PROJECT DISTRICT ACQUISITION 2.130 92644 Tom 767401ao P67e512.3za.6872 2003 U S HIGHWAY 79 14 DEED AREA 54.043 3 Cwter x Burgess. Inc. SCALE 1" = 100' ACCOUNT NO. 6014-2-29 C S. J. N0. ozo4-o1-055 COUNTY WILLIAMSON RUNNDER AREA 51.913 NGHLANO MANAOEYENT, INC. 3 DOC. NO. 2001037663. O.P.R.W.C.d WARRANTY KEW MAY 23, 2001 6.55 AC. --_- I 4r )-s CREEK CONNECT1 "=�ou+s7 E 0N 35 07 N7.61.a3 66.00• �� 'k,_ 187.38.06 44.00' Lt A r 038.35' R r 11415,16' L - 194.54• C - 194.54• CBr NnW29'E 2.130 ACRE (92644 SQ.FT.) 54 ACRES, LTD. DOC.2000032957, O.P.R.W.0 WARRANTY DEED: MAY 22, 2000 54.043 AC. SOUnfW STERN BELL MJ7HONE COMPANY V'OLSIS PC=.WO RR .C. 10' Ew.: SEPT. 5, 1975 WE ft�wwm �mcoaa mow�wl 1' � ffl�� page 5of5 PT= 169+88.65 N.T-S. "U '45'1y R3. C3 i A- 11)7"50' M0227- w t� R r 5879.57 w 1 I- � L r 11208' EmmIlLsmoy o f til l y Q CCyp ve -ut PI 167+66.19 d=3'56'Rt N = 10163391.808 D 1.A E= 3141113.210 Co T = 196-8' = 2'13'30` n L 393 3' page 5of5 PT= 169+88.65 N.T-S. "U '45'1y R3. C3 A- 11)7"50' M0227- w t� R r 5879.57 -1�- N.T.S. END CSJ/ TOI-1-( - •. �' i L r 11208' EmmIlLsmoy C r 11ZOIr� CO- S78'52'24 W C/t carve Dote PI 578+61.3 CCyp ve -ut PI 167+66.19 d=3'56'Rt N = 10163391.808 D 1.A E= 3141113.210 PT= 580.57.8 T = 196-8' = 2'13'30` L 393 3' R R = 11459.18' 114.9.1 m = q T = 222.52' Z; s c' I � C = 444.95' �o�o CB= N78 23'02"E a'.� I PC Stu 185+43.67 MATCH UNE TO SHEET 4 PT Stu 169+$6.65 PC= 165+43. w _ W M0227- w t� --j- -1�- N.T.S. END CSJ/ TOI-1-( - •. �' i i POT_ 5.3.64 3 4- g fCO DERE MEMORA o...,`; F Jail oi parts of t Ic text on this I � PW was ii, { Y�ly�e�eb[c��ssa'r„�ctaNrrcordatia�; I MATCH UNE TO SHEET 4 CditeroftrgeSS RIGHT—OF—WAY PLAT SHOWING PROPERTY OF PARCEL 2705 B« can Rabe 54 ACRES, LTD. NUMBER 4 Tx.O.p.T. PROJECT DISTRICT SQUARE FE �t^•xas M46 ACQUISITION 2.130 92644 Phons:5123u.s1��12326.867z 0CT0� US HIGHWAY 79 14 DEED ARE,, 54.083 0 c.Pyr;6M 2003 Core, & e.rs«:, Inc. 1 " 100' 8014-2-29 0204-01 055 ]WILLIAMSON REMAINDER AREA 51.913