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R-04-02-12-14C3 - 2/12/2004RESOLUTION NO. R -04-02-12-14C3 WHEREAS, the City desires to purchase a 1.276 acre tract of land for additional right-of-way for the widening and improvement of US Highway 79, and WHEREAS, the Church of Christ of Round Rock, 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 the Church of Christ of Round Rock, 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. �x NYL LL, Mayor City of Round Rock, Texas AT EST: CHRISTINE R. MARTINEZ, City Sec etary I�P:meske:Cp` OIJKlk/01OPL,')OX/O:/VTDGX/PPSUL"JTT/R40272C3.WPD/SC REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHURCH OF CHRIST OF ROUND ROCK, (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 1.276 acres 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 24.0110 acres in that warranty deed to Church of Christ of Round Rock, dated April 5, 2000, recorded in Document No. 2000022099, 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 TWO HUNDRED THIRTY EIGHT THOUSAND NINE HUNDRED NINETY EIGHT and no/100 Dollars ($238,998.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/O: EXHIBIT "All 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 ormodify 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 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. 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, Seiler 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: CHURCH OF CHRIST OF ROUND ROCK By: Its: —QAA4 � 7 PURCHASER: CITY OF ROUND ROCK Lm Nyle Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: Page 1 0 9 f4 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 PROPERTY DESCRIPTION FOR PARCEL 6 DESCRIPTION OF 1.276 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 24.0110 ACRES IN THAT WARRANTY DEED TO CHURCH OF CHRIST OF ROUND ROCK, DATED APRIL 5, 2000, RECORDED IN DOCUMENT NO.2000022099 OFFICIAL PUBUC:RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.276 -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 west line of the said 24.0110 -acre Church of Christ tract, being the east line of that tract of land described as 14.206 acres, referred to as Tract Two, in that warranty deed to Highland Management, Inc., dated August 1, 1984, recorded in Volume 1054, Page 9, Official Records of Williamson County, Texas, and being 83.64 feet left of proposed survey baseline station 174+03.63, and also being the northwest comer of the herein described 1.276 -acre tract, from which a Point for Reference, being a 1/2 -inch iron rod found at the northwest comer of the said 24.0110 -acre Church of Christ tract and northeast comer of the said 14.206 -acre Highland tract, bears N0203355"W, a distance of 1471.19 feet; THENCE leaving the said west line of the 24.0110 -acre Church of Christ tract and east line of the 14.206 -acre Highland tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 24.0110 -acre Church of Christ tract, the following three (3) courses: 1 • N76'2323"E, passing at a distance of 23.38 feet a Tx.D.o.T. Type II Monument set, being 84.00 feet left of proposed survey baseline station 174+27.01, in all a total distance of 255.91 feet to a Tx.D.o.T. Type II Monument set, being 84.00 feet left of proposed survey baseline station 176+62.14; 2. N75030'29"E, a distance of 425.98 feet to a Tx.D.o.T. Type II Monument set, being 84.00 feet left of proposed survey baseline station 180+88.12 (back), and; 3. N75°1434"E, a distance of 80.37 feet to a 1/2 -inch iron rod set with aluminum cap stamped "Texas Dept of Tran" on the east line of the said 24.0110 -acre Church of Christ tract, being the west line of that tract of land described as 33.302 acres, referred to as Parcel No. 2, Part 7 in that warranty deed to the State of Texas, dated November 21, 1990, recorded in Volume 1970, Page 515, Official Records of Williamson County, Texas, the said point being 84.00 feet left of proposed survey baseline station 181+68.87, from which a Point for Reference, being a 1/2 -inch iron rod found at a point of curvature on the said west line of the 33.302 -acre State of Texas tract and east line of the 24.0110 -acre Church of Christ tract bears N06"4536"W, a distance of 1019.73 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 24.0110 -acre Church of Christ tract and west line of the 33.302 -acre State of Texas tract, 506'45'36"E, a distance of 54.78 feet to a point on the north line of the existing right-of-way of U.S. Highway No. 79 (varying width), being the southeast comer of the said 24.0110 -acre Church of Christ tract, from which a 1/2 -inch iron rod found bears SO405926"E, a distance of 15.89 feet; THENCE leaving the said east line of the 24.0110 -acre Church of Christ tract and west line of the 33.302 -acre State . of Texas 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 24.0110 -acre Church of Christ tract, the following three (3) courses: T.1TechllTxDOTGenerat1050098_TxDoT US79-RR_Row-Plan\Fnotes\Fn01-222 P6.ay.doc February 13, 2003 Page 2 of 4 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 4. S75'30'19"W, a distance of 396.27 feet to a point; 5. S61'28'08"W, a distance of 206.16 feet to a point, from which a broken and leaning Tx.D.o.T. Type I Monument found bears S35"21'42"E, a distance of 0.53 feet, and a 1/2 -inch iron rod found bears S46'51'00"E, a distance of 18.38 feet, and; 6. S75'30'19"W, a distance of 181.38 feet to a point, being the southwest comer of the said 24,0110 -acre Church of Christ tract, and being the southeast corner of the said 14.206 -acre Highland tract, from which a 1/2 -inch iron rod found bears 502033'55"E, a distance of 1.92 feet; THENCE'leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 24.0110 - acre Church of Christ tract, with the said west tine of the 24.0110 -acre Church of Christ tract and east line ofthe 14.206 -acre Highland tract, N02033'55"W, passing at a distance of 69.99 feet a Tx.D..o.T. Type II Monument set, in all a total distance of 1. 10.26 feet to the POINT OF BEGINNING and containing 1.276 acres 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 1, 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, Te this the day of February 2003 AD Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 Austin, Texas 78746 John Strawbndge Registered Professional Land Surveyor No. 4283 - State of Texas T:1Tech1\TxDOTGenera11050098 TxDoT US79-RR ROW-Plan\Fnote$%Fnoi-222_P6.ay.doc_ .. . February 13, 2003 • IJ W MA7W LNC 70 ST 4 r .V 1.276 AC. n6.62.14 (55584 SQ.FT.) a4.00 Lr�! SOUTHWESTERN BELL TELEPHONE COMPANY VOL 616, PG. 531 i 10' ESMT.: SEPT. 5, 1975 CHURCH OF CHRIST OF ROUND ROCK DOC.2000022099, O.P.R.W.C. WARRANTY DEED: APR. 5, 2000 24.0110 AC. ���J�'Y► � 174.27.01 1477.7>*r� 84.00' Lr POW OF PARCEL 6 BEGN�pNG / 174+03.63 NOY33'55 83.64 LT. 110-26' N=10163613.854 E=3141716.613 HIGHLAND MANAGEMENT. W. VOL.1054, PO.9, OJLW.C. WARRANTY DEED. AUGUST 1. 1984 TRACT TWO, 14.206 AC. Carter Ourgess 2705 Bee Cove {food Suite 300 Austin. Texas 78746 Phonx512.314.3100 Fox -512.328.6672 AMRX— w= ® Copyright 2002 Coiter do 9urgess, Inc. Page 3 of 4 1_PT=1176+62.14.-,.y. S�Y1'42'E t NTS 053' / f ------- -------------------------- DAM INE Fla f` PI Sta 17&"4M Q ' N 10163663.326 E 3141872.529 n _ ' A 14448' a c9 R - 7639.44 S L-2.35.13' T - 117.5Y H C !236.12' PC 174+27.01 � 17N +27.M PT 176+62.14 l� q I GJ � f r.3 - i -_ ! ` 3 '^ N.T.S. t W 3I 1. All BEARINGS AND COORDNIATES SHOWN HEREON ARE BISFD UPON y ALL DIS MM SHOW AMIE �� DISUNCE5. ALL ZONE U C HEREON ARE SLRIFACE JADA STO FROM SU17E PINE GRID 70 PROJECT 4 t OF 1AMOS& 21 REFERENCE Tib.oT CONTROL �POW N24 = PRWECT SURFACE o, 9' OOORDKgE- N-1016816.214. E�3142527.910. 15 2 THIS 511RyEY N4�S J REPORT THERE MAY ERBE EASEMENISOROT EROWE BENEFIT OF A TRLE f U ' PMIWIG 70 THIS PROPERTY 7HAT ARE NdT SHN HEREON• & ALL SU7gNS AND OFFSEm SHOWN HEREON ARE MEASURED RELATW ALL OFFSETSET � AT RIGHT PM-OSED SLIRVEY OF LIS Y79. BASELW- 4. REWNDER AREAS SHOWN N THE TABLE ARE CALCULATED BY SUBTR# CTNG THE ILO W AMNSITION FROM 7HE RECORD. DEED P •ACREAGE - OF F �p-•G� S Tf- UHN 5TRAWBRIDGE I W"r cERW 71NT THIS SURVEY WAS WDE ON THE cROIMD '� '.. •••4283••• Y «• • � MY DIROFIIoIt AND � � 6 7RLX Ala CORRECT .� r� 9+G -?......... E ..... � �sUR.*4 REGIISTERED 2 i3 a Olor- STME OF�PROFE�.SSIONAL LAND vEYDR RIGHT-OF-WAY PLAT SHOWING PROPERTY OF CHURCH PARCEL 6 OF CHRIST ROUND ROCK NUMBER DATE TX.D-O.T. PROJECT D�� ACRES SQUARE FE OCTOBER 2001 (J$ HIGHWAY 79 1 q ACQUISITION 1.276 55584 „ SCALE 100 ApCgMT 8014-2-29:i� J. COUNTYDEED 01-055 WILLIAMSON AREA 24.011 REMAINDER AREA 22,735 T.\Techs\TxOOT6eneral\05N98_TxDoT U579 -RR ROW-Plan\Fnote$\FnAI-222 P6.dwq, 3 of 4,2003/02113 02:46 p, Sclvra'lwxM. C8 Amain Sur.re,y Ila kimz I 1 STATE DF 7EXA8 VOL1970, PC.515, O.Lw.C. WARRANTY DEED: NOV. 21, 1990 ENK& 74.455 AC., SAVE&OMPARCEL N0.4 PART 7. 33.302 AC. T07�i" • 1nl.satsT 73. 81.00• Lt 2+grrj W PLAT SHOWING PROPERTY OF C Page 4 of 4. / LEGEND OF CHRIST ROUND 180.88.12 Back 84.00• Lt ■ TX.D.O.T. TYPE 1 MONUMENT FOUND C , ar IRON ROD FOUND (1/T: OR AS NOTED) �c A 0 1/Y IRON ROD SET WITH TXD.O.T. ALUMFNJM R.O.W. PT Y O CAP STAMPED 'TE7TAs DEPT OF TRAM'1 POINT OF NFUMM710N 92 TXD.O.T. TYPE MONUMENT SET PC PONT OF CURVATURE a.R w.c.WKLKMSON 01 RECORDS PT PONT OF P14GM YY C6 COMM. 7Ew\S x FENCE LINE o.P.R.w.C. 01 PUBLIC RECORDS OF wuuMMsEF COUNTY. —I RM20AD TWA* 7x.D.or. F7 RA TEXAS DEPARTMENT of TRAFFSPORTATgN DIS PENCE LINE otsTAFRCE NOT To SCALE snTow 123+65 COURFROM / t �� FROM TXD.O.T. RECORDS `+ PARCEL NUMM FOR 00 01"'RAW. PRORSES F V o ACI T07�i" • 1nl.satsT 73. 81.00• Lt 2+grrj W MATCH UNE TO WMI 3 V Z 1 `PI180�$; .L3T1 1D FL= 55 r i I CartermBurgess[M:GHT-OF-WAY PLAT SHOWING PROPERTY OF C / HURCH OF CHRIST ROUND 180.88.12 Back 84.00• Lt N064V3We _ I o , ar p 14SCALE �c A ® cogr;yht zooz carte rr 8u.9e3s, Inc. " = 100• 8014-2-29 COVE, O 24.011 0 SOUTHWESTERN. BELL TELEPHONE COMPANY ], VOL. 616, PG. 531 O.R.W.C. ---- 10� 10' ESMT.: SEPT. 5, 1975 1.276 AC. (55581 SQ.FT.) C6 MATCH UNE TO WMI 3 V Z 1 `PI180�$; .L3T1 1D FL= 55 r i I CartermBurgess[M:GHT-OF-WAY PLAT SHOWING PROPERTY OF PARCEL 2705 Bee Ca" Road HURCH OF CHRIST ROUND ROCKNUMBER 6 �°300 Taxo100 7812. Phone:512.314.3100 Fax:512.328.6672 DATE OBER 2001 Tx.D.O.T. PRO.lECT US HIGHWAY 79 p 14SCALE ACQUISMON ACRES SQIaARE FEMsHn. 1.276 55584 ® cogr;yht zooz carte rr 8u.9e3s, Inc. " = 100• 8014-2-29 COVE, DEED AREA 24.011 0204-01-055 WILLIAMSON REMAINDER AREA 22.735 T:\Techl\TXDOTGeneml\050098_TXDoT US79-RR_RoW-PIap\Fnates\Fn01-222_P6.dwq. 4 of 4.2003/02/1302:45 n Srh—if—ki rn A„I o,r,.,,, DATE: February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: 14.C.3. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with the Church of Christ of Round Rock for the purchase of right-of-way for the Highway 79 Expansion Project. Department: Legal Staff Person: Steve Sheets, City Attorney Justification: Acquisition of right of way for the improvement and widening of Highway 79. Funding: Cost: $238,998.00 Source of funds: 413 Corporation Project Funds Outside Resources: Sheets & Crossfield, P.C. Background Information: N/A Public Comment: N/A EXECUTED DOCUMENT FOLLOWS r REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract') is made by and between CHURCH OF CHRIST OF ROUND ROCK, (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 1.276 acres 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 24.0110 acres in that warranty deed to Church of Christ of Round Rock, dated April 5, 2000, recorded in Document No. 2000022099, 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 TWO HUNDRED THIRTY EIGHT THOUSAND NINE HUNDRED NINETY EIGHT and no/100 Dollars ($238,998.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/TRANSPRT/HWY79/CRCHRIST/RF.PII.ST/00061945.WPD/sls ;e -04 -0a -a- /yG3 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. 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: CHURCH OF CHRIST OF ROUND ROCK By: Its: 7 PURCHASER: CITY OF ROUND ROCK By: e Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: d -m `04 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 PROPERTY DESCRIPTION FOR PARCEL 6 Page 1 of 4 DESCRIPTION OF 1.276 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 24.0110 ACRES IN THAT WARRANTY DEED TO CHURCH_ OF CHRIST OF ROUND ROCK, DATED APRIL 5, 2000, RECORDED IN DOCUMENT NO. 2000022099, OFFICIAL PUBLIC:kECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.276 -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 11 Monument set, being the intersection of the north line of the proposed right-of-way of U.S. Highway No. 79 and the west line of the said 24.0110 -acre Church of Christ tract, being the east line of that tract of land described as 14.206 acres, referred to as Tract Two, in that warranty deed to Highland Management, Inc., dated August 1, 1984, recorded in Volume 1054, Page 9, Official Records of Williamson County, Texas, and being 83.64 feet left of proposed survey baseline station 174+03.63, and also being the northwest corner of the herein described 1.276 -acre tract, from which a Point for Reference, being a 1/2 -inch iron rod found at the northwest corner of the said 24.0110 -acre Church of Christ tract and northeast corner of the said 14.206 -acre Highland tract, bears N02033'55"W, a distance of 1471.19 feet; THENCE leaving the said west line of the 24.0110 -acre Church of Christ tract and east line of the 14.206 -acre Highland tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 24.0110 -acre Church of Christ tract, the following three (3) courses: 1. N76*2323"E, passing at a distance of 23.38 feet a Tx.D.o.T. Type If Monument set, being 84.00 feet left of proposed survey baseline station 174+27.01, in all a total distance of 255.91 feet to a Tx.D.o.T. Type If Monument set, being 84.00 feet left of proposed survey baseline station 176+62.14; 2. N75030'29"E, a distance of 425.98 feet to a Tx.D.o.T. Type If Monument set, being 84.00 feet left of proposed survey baseline station 180+88.12 (back), and; 3. N75014'34"E, a distance of 80.37 feet to a 1/2 -inch iron rod set with aluminum cap stamped "Texas Dept of Tran" on the east line of the said 24.0110 -acre Church of Christ tract, being the west line of that tract of land described as 33.302 acres, referred to as Parcel No. 2, Part 7 in that warranty deed to the State of Texas, dated November 21, 1990, recorded in Volume 1970, Page 515, Official Records of Williamson County, Texas, the said point being 84.00 feet left of proposed survey baseline station 181+68.87, from which a Point for Reference, being a 1/2 -inch iron rod found at a point of curvature on the said west line of the 33.302 -acre State of Texas tract and east line of the 24.0110 -acre Church of Christ tract bears N06045'36"W, a distance of 1019.73 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 24.0110 -acre Church of Christ tract and west line of the 33.302 -acre State of Texas tract, S0604536"E, a distance of 54.78 feet to a point on the north line of the existing right-of-way of U.S. Highway No. 79 (varying width), being the southeast comer of the said 24.0110 -acre Church of Christ tract, from which a 1/2 -inch iron rod found bears SO4°59'26"E, a distance of 15.89 feet; THENCE leaving the said east line of the 24.0110 -acre Church of Christ tract and west line of the 33.302 -acre State of Texas 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 24.0110 -acre Church of Christ tract, the following three (3) courses: T:\TechllTxDOTGeneral1050098_TxDoT_US79-RR_RoW-PIanlFnotesXFn01-222_P6.ay.doc February 13, 2003 Page 2 of 4 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 4. S75°30'19"W, a distance of 396.27 feet to a point 5. S61 °28'08"W, a distance of 206.16 feet to a point, from which a broken and leaning Tx.D.o.T. Type I Monument found bears S35°21'42"E, a distance of 0.53 feet, and a 1/2 -inch iron rod found be S46°51'00"E, a distance of 18.38 feet, and; 6. S75030'1 9'W, a distance of 181.38 feet to a point, being the southwest comer of the said 24.0110 -acre 1/2 -inch iron rod found bears S02°33'55"E, a distance of 1.92 feet; Church of Christ tract, and being the southeast corner of the said 14.206 -acre Highland tract from which a ' THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 24.0110 - acre Church of Christ tract, with the said west line of the 24.0110 -acre Church of Christ tract and east line of the 14.206 -acre Highland tract, NO2°33'55"W, passing at a distance of 69.99 feet a Tx-D.o.T. Type II Monument set, in all a total distance of 1. 10.26 feet to the POINT OF BEGINNING and containing 1.276 acres 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, Te this the day of February, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 �E OF TQC. John Strawbridge Austin, Texas 78746 �ie:�G\ s T f'•� f9 Registered Professional Land Surveyor o •�' No. 4283 - State of Texas T_\Tech1\TXDOTGeneral\050098 TxDoT US79-RR_ROW-Plan\Fnotes\Fn01-222_P6.ay.doc February 13, 2003 SOUTHWESTERN BELL TELEPHONE COMPANY VOL 616, PG. 531 10' ESMT.: SEPT. 5, 1975 CHURCH OF CHRIST OF ROUND ROCK DOC.2000022099, O.P.R.W.C. WARRANTY DEED: APR. 5. 2000 24.0110 AC. (NqN Jrw � 174+27.01 .�_ 14Th+r� 84.00' Lt fscb761w1Y T u POINT OF BEGINNING / PARCEL 6 174+03.63 NO2.33'55 83.64 LT. 110.26' N=10163613.854 E-3141716.613 HIGHLAND MANAGEMENT, INC. VOL -1054, PG.9, O.R.W.C. WARRANTY DEED: AUGUST 1, 1984 TRACT TWO, 14.206 AC, p a Carter sBuMess 2705 Bee Cave Rood Suite 300 Austin, Texas 78746 Phmm:512.314.3100 Fox:512.328.6672 "La-6imn ® Copyright 2002 Carter & Burgess, Inc. 1 a i� T m� f Page 3 of 4 ,t•, PT= ! 176+62.14; 's'" \ A. f t S3521'42'E I i t IiT.S- 0.53' � ! ------------------------- - , 01 BMW ! PI Sta 175+44.58 Q M — 10163563.326 ' E - 3141872.529 ! _ 0 145'48' C9 R — 7639.44 1 0C ; f L — 235.13' N T — 117.57' C8— NWM-23"E PC 174,2701 PC- 174+27.01 2 ! f PT 176+6214 3 -•-`r' I 1� i I i � N.7 S ' \� v ! I W o ( -3 tlQlf$ ! ! 3 I 1. ALL BEARINM AND COORDINATES SHOWN HEREON ARE BASED UPON q ! O THE TD14S STATE PLANE COORDIMIE SYSTESUWM, NADa3, CENIR& ZONE ALL DISTANCES SHowN WtEON ! U ! AM COORDMiATES AD WiM FROM SWEPLPLAIETLCM PRO. = SURFaFACTOR OF ASTMENT SCAB ! Z REFERENCE TzAaIITED,NI1 CONTROL POINT N2480Q14, PROJECT SURFACE ACE _ QOORDIlMTE N•10163546.214, E -314252791Q SURVEY WAS PERFT)RMED MMUT THE BENEFIT OF A TRLE �T��TM To THIS PROPERTY TENT MW 13E EASEMENTS ARE NOT SFIOWII HEREn11 U 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED RELATIVE TO THE PROPOSED SURVEY BASE111E OF US HMYtWAY 79. ARE MEASURED AT RIGHT ANGLES TO SAID SURVEY ���••0 �• TF 4. REMAINDER AREAS SHOWN IN THE TABLE ARE CALCULATED er ��.• O �F 'N ACRE AE. THE R.O.W ACOt115TipN FROM THE RECORD. DEED .............................. OHN STRAWBRIDGE 1 HEREBY CEi TTY TMT THIs SURVEY WAS ON THE GROUNO ••" TIO •••••••••••••••••••••••••• MY DIRECTION AND A IIS TRUEE AM t 4283 ! ESt OF p t;E AND BEt1EF. DATE- �U R V 6 II EREEI PRWESSKINAL LAND SIATE OF TEXAS NO 4n3 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF PARCEL 6 CHURCH OF CHRIST ROUND ROCK NUMBER DATE TX.D.O.T. PROJECT DST ACRES I SQUARE FE OCHER 2001 US HIGHWAY 79 14 ACQUISITION 1.276 55584 SCALE 1 " = 100' ACCOUNTS 8014-2-29 0204-01-055 WILLIAMSON DEED AREA 24.011 REMAINDER AREA 22.735 T:\Tec"\TXDOTGeneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-222 P6.dw9, 3 of 4, 2003/02/13 02:46 p, SchreiberKL. CS Austin Survey STATE OF TEXAS VOL1970, PG.515. O.R.W.C. WARRANTY DEED. NOV. 21. 1990 EXH.A, 74.45'5 AC.. SAVEAaCEPT EXH.B.C,D PARCEL NO.4 PARI 7. 33.302 AC. NDa-4��, 'atm tae.7s��' (sbst9pa� ylo. rrj T� [� f1CY) L 4 L 0 0) Q C G a, �l Uj 1.276 A('. (55581 SQ.FT.) Page 4of4 W 3 3 O o. 180.88.12 Back 84.00' Lt SOUTHWESTERN BELL TELEPHONE COMPANY VOL 616. PG. 531 O.R.W.C. 10' ESMT.: SEPT. 5, 1975 W YAU"LWTOS EI3 1" Z 0 CarteralBurgess LEGEND PARCEL NUMBER 6 ■ TX.D.O.T TYPE I YONUA*Wr FOUND CA comfl 1NE • MON ROD FOUND (1/2'. OR AS NOTED) R.O.W. RICNhDF-wAY Q 1/Y RON ROD SET N7TN TX.D.0T. ALUMINUM PI POINT OF NRERSLL'TION S HIGH WAY 79 GAP STAMPED 'TEXAS DEPT OF IRAN' PC PONT OF MMYN 11RE c-b.comblc� m 0 Co 9 Copyright 2002 Carter & Burgess, Inc. TX.D.O.T. TYPE II MONUMENT SET PT POW OF TANGENCY O.R.W.C. OFFICIAL RECORDS OF WIUJAMSON EXAS --`'--- FENCE UNE O.P.R W.C. oFFK�N. PUBLIC RECORDS OF --! RAIIROAD TRAGI( W LLMMSDN COUNTY TEXAS PROPERTY UNE TX.D.O.T. TOMS DEPARTMENT OF TRA SPORIATpN � DISTANCE NOT TO SCALE 57170'5 123+45 COURSES S FROM .T. RECORDSS PARCEL NUMBER FOR fso2aZJCOURSES FROM ADJON o mow.� (I ) PROPERTY REQS W 3 3 O o. 180.88.12 Back 84.00' Lt SOUTHWESTERN BELL TELEPHONE COMPANY VOL 616. PG. 531 O.R.W.C. 10' ESMT.: SEPT. 5, 1975 W YAU"LWTOS EI3 1" Z 0 CarteralBurgess RIGHT-OF-WAY PLAT SHOWING PROPERTY OF PARCEL NUMBER 6 2705 Bee Cave Road CHURCH OF CHRIST ROUND ROCK ACQUISITION ACRES SQUARE FEET 1.276 55584 Suite 300 Auetm, Texas 78746 Pnone:512.314.3100 DATBER Tx.D.O.T. PROJECT OCTOBER 2001 U Fox:512.328.6672 S HIGH WAY 79 1 4 DEED AREA 24.011 c-b.comblc� m 0 Co 9 Copyright 2002 Carter & Burgess, Inc. SCALE 1" = 100' 80ACCOUNT 4 2 29 0204501 055 COUNTY WILLIAMSON REMAINDER AREA 22.735 T:\Tech1\TxDOTGeneral\050098_TXDOT_U579-RR_RoW-Plan\Fnotes\FnOI-222_P6.dwg, 4 of 4, 2003/02/13 02:45 p, SchreiberKL, C8 Austin Su vev tk- AuS+ n Tide Company IIIIIIIIIIIIIIIIIIIIIIIIIIHilllillllillllllilllllllllllllli DEED 2004049908 8 PGS SPECIAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF WILLIAMSON Atter Recording Return To: Austin Title Co. 101 E. Old Settlers Blvd. � Ste. 100V 78664, WHEREAS, the City of Round Rock, 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; 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. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, CHURCH OF CHRIST OF ROUND ROCK, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten and 00/100 Dollars ($ 10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, 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 does Grant, Bargain, Sell and Convey unto the City of Round Rock, 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 a 1.276 -acre tract of land situated in the PRIOR A. HOLDER SURVEY, ABSTRACT NO. 9, Williamson County, Texas, being a portion of that tract of land described as 24.0110 acres in that Warranty Deed to Church of Christ of Round Rock, dated April 5, 2000, recorded in Document No. 2000022099 of the Official Public Records of Williamson County, Texas, said 1.276 -acre tract of land being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive 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 C:\Documents and Settings\txaumwl\Local Settings\Temporary Internet Files\OLK9\SWD CORR-TRANS-HWY79-CHCHRIST (00068760).DOC shall affect the title and rights of the City 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 and 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; and any encroachments or overlapping of improvements. 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 the City of Round Rock, Texas and its assigns forever; and Grantors does hereby bind herself, her heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, 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 theday of G(.Y 2004. CHURCH OF HRIST OF ROUND ROCK By: PETER GUNN Title: CHURCH OF CHRIST OF ROUND ROCK B y : STEVE CARRIZAL Title: 2 CHURCH OF CHRIST OF ROUND ROCK By: T ' UNTR T � Tr, CHURCH OF CHRIST OF ROUND ROCK ,r1 B y : DONALD L. O'CONNOR Title: TuJA-ei Acknowledgment State of Texas County of Williamson all This instrument was acknowledged before me on this the � , day of :�. 2004 by PETER GUNN, �f'Z of CHURCH OF CHRIST OF ROUND ROCK, o behalf of said church. USA PRICHARD Notary ublic, State of Texas =* �' MY COMMISSION EXPIRES ;R July 2, 2007 cknowledgment State of Texas § County of Williamson This day of instrument was acknowledged before me on this the )3� fW- , 2004 by STEVE CARRIZAL, of CHURCH OF CHRIST OF ROUNDROCK, behalf of - r &Ile said church. otary`.Yublic/, State of Texas fkh4 LISA PRICHARD *: rl MY COMMISSION EXPIRES _? 'F July Z 2007 WORLDOX/CORR/TRAN/CR 1 13COND/SMITH/00017194 Acknowledgment State of Texas § County of Williamson This instrument was acknowledged before me on this the dayof )Us 2004 by TIM HUNTER, ry-1. 4 11E- of CHURCH OF CHRIST OF ROUND ROCK, n behalf of said chu,,,,, USA PRICHARD�'� *' `= MY COMMISSION EXPIRES Juy2 2007 Notary blic, State of Texas Acknowledgment State of Texas County of Williamson This instrument was acknowledged day of l �('-K�/ of CHURCH OF CH I said church.,. LISA PRICHARD MY COMMISSION EXPIRES July 2, 2DO7 before me on this the 2004 by DONALD L. O'CONNOR, fT OF ROUND CROCK, n behalf of otary`Publi , State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Old Settles Blvd., Suite 100 Round Rock, Texas 78664 WORLDOX,CORR-TRAN,CRI 13COND-SMITH 00017194 Page 2 of 4 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 4. S75'30'1 9"W, a distance of 396.27 feet to a point; 5. S61 °28'08"W, a distance of 206.16 feet to a point, from which a broken and leaning Tx.D.o.T. Type I Monument found bears S35'21'42"E, a distance of 0.53 feet, and a 1/2 -inch iron rod found bears S46°51'00"E, a distance of 18.38 feet, and; 6. S75'30'1 9"W, a distance of 181.38 feet to a point, being the southwest corner of the said 24.0110 -acre Church of Christ tract, and being the southeast corner of the said 14.206 -acre Highland tract, from which a 1/2 -inch iron rod found bears S02*33'55"E, a distance of 1.92 feet; THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 24.0110 - acre Church of Christ tract, with the said west line of the 24.0110 -acre Church of Christ tract and east line of the 14.206 -acre Highland tract, NO2°33'55"W, passing at a distance of 69.99 feet a Tx.D.o.T. Type II Monument set, in all a total distance of 1, 10.26 feet to the POINT OF BEGINNING and containing 1.276 acres of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS 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, Te this the day of February, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 ��c ,.�F•• P� John Strawbridge Austin, Texas 78746?�'�` 5 r e �•;Fy Registered Professional Land Surveyor �': oiJ' No. 4283 - State of Texas JOHN STRAWBRIDGE �, 4283P� Q- %j,� e s s.° ��� iz�,sUP, T:\Tech1\TxDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-222_P6.ay.doc February 13, 2003 W MIATM LW 70 WMI 4 h Z 6 1.276 AC. 176,62.14 (55584 SQ.FT.) 64.00• LV SOUTHWESTERN BELL TELEPHONE COMPANY VOL. 616, PG. 531 10' ESMT.: SEPT. 5, 1975 CHURCH OF CHRIST OF ROUND ROCK DOC.2000022099, O.P.R.W.C. WARRANTY DEED: APR. 5, 2000 24.0110 AC. (Ngvu JAW ; 174.27.01 _ 1171-,o Jrr� 64.00' Lt rs�r6z��' 1�_1s POINT OF BEGINNING PARCEL 6 174+03.63 83.64 LT. N=10163613.854 E=3141716.613 110.26' HIGHLAND MANAGEMENT, INC. VOL1054, PG.9, O.R.W.C. WARRANTY DEED: AUGUST 1, 1984 TRACT TWO, 14.206 AC. Page 3 of 4 f h': _PT= 176+62.14" o I I 53.521'42'E r 0.53' , — I — PROPOSED SURVEY BASELINE I CURVE DATA 0 PI Sto 175+44.58 N — 10163563.326 3 E — 31 41 872. 529 „°D1 A = 145'48' R = 7639.44' _ L — 235.13' T — 117.57 C — 235.12• j PC� 174+27.01 PC- 1744+1 Dl 2� PT— 176+62.14 W Z 0 F TF SFT E • ' 7� 4O, 0 w NOTES:'�°��� 1. ALL BEARINGS AND COOMINATES SHO M HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE WE1t. MAIM. CENTRAL ZONE ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES. ALL COORDINATES WERE ADJUSTED FROM STATE PLANE GRID TO PROJECT SURFACE USING THE ADJUSTMENT SCALE FAC70R OF 1.000085. REFERENCE Tx.D.o.T. CONTROL POINT N2460044. PROJECT SURFACE COORDINATE: N-10163546.214. E-3142527.910. 2 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING 70 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 4. REMAINDER AREAS SHOWN IN THE TABLE ARE CALCULATED BY SU NG THE R.O.W. ACQUISITION FROM THE RECORD DEED GRAPHIC SCALE JOHN STRAWBRIDGE D' T HERESY CERT*Y THAT THIS MR&Y WAS MADE ON THE GROUND ••••••••••••••••••••............ < 4283 �� MY DIRECTION AND SUPERVISION, AND IS TRUE AND CORRECT 1ST OF N t;f AND BEUEF. • S U DATE REGISTERED PROFESSIONAL LAND STATE OF TEXAS NO. 4283 CarterBurgess RIGHT-OF-WAY PLAT SHOWING PROPERTY OF PARCEL 6 2705 CHURCH OF CHRIST ROUND ROCK NUMBER Bee Cave Rood Suite 300 DATE Tx.D.O.T. PROJECT DISTRICT ACRES SQUARE FEET Austin, Texas 78746 Phone:512.314.3100 Fox:512.328.6672 OCTOBER 2001 U S HIGH WAY 79 14 ACQUISITION j ,276 55584 www.c—b.com © Copyright 2002 Carter & Burgess. Inc. SCALE 1 " = 100' ACCOUNT NO 8014-2-29 C S. J NO 1 0204-01-055 COUNTY WILLIAMSON j DEED AREA 24.01 1 REMAINDER AREA 22.735 T:\Techl\TxDOT6eneral\050096_TxDoT_US79-RR_RoW-Plan\Fnotes\FnOI-222_P6-dwg, 3 of 4, 2003/02/13 02:46 p, Schreiber KL, CB Austin Survey rr :r :r r r r r rr mm m m m a 0 STATE OF TEXAS VOL1970, PG.515. O.R.W.C. WARRANTY DEED: NOV. 21, 1990 EXH.A. 74.455 AC., SAVE&EXCEPT EXH.B.C,D PARCEL N0.2, PART 7, 33.302 AC. Page 4 of 4 006 lS 77-W logo gl7 NDI�45'Q'W 1074,51• 181.68.87 (SYN*4911019.7 ' 84.00' Lt _ - W _ � M r T O7 1 n LEGEND PARCEL NUMBER 6 i PT=64.7L8 ■ TX.D.O.T. TYPE 1 MONUMENT FOUND CSL CE TERUNE • IRON ROD FOUND (1/2'. OR AS NOTED) R.O.W. RK41T-OF-WAY Q 1/2' IRON ROD SET WITH TX.D.O.T. ALUMINUM PI POINT OF INTERSECTION 9 CAP STAMPED 'TEXAS DEPT OF TRAM' PC POINT OF CURVATURE ❑O' TX.D.O.T. TYPE IT MONUMENT SET PT POINT OF TANGENCY O.R.W.C. OFFICIAL RECORDS OF WIU.IAMSON COUNTY, TEXAS --- ---_- -- FENCE UNE O.P.R.W.C. OFFICIAL PUBLIC RECORDS OF NIfLL1AMSON COTTONY, TEXAS -----I----- RAILROAD TRACK PROPERTY LINE TX.D.O.T. TEXAS DEPARTMENT OF TRANSPORTATION O.R.W.C. DISTANCE NOT TO SCALE 57270'5 COURSES 3 PARCEL NUMBER FOR 123+45 FROM TX.D.O.T. RECORDS RDS O R.0 W ACQUISITION (S070.0071 COURSES FROM ADJOINING 6 W Z (02145) PROPERTY RECORDS 006 lS 77-W logo gl7 NDI�45'Q'W 1074,51• 181.68.87 (SYN*4911019.7 ' 84.00' Lt _ - W _ � M r T O7 1 n W N MATCH UNE TO OW 3 torlZ Z. Z 180.88.12 Back r 84.00' Lt l PARCEL NUMBER 6 i PT=64.7L8 i ;FSC= 182+91.4''..4 LO N06 '367W ACQUISITION 1.276 55584 SCALE 1 " = 100' ACCOUNT NO. 8014-2-29 — I 1 COUNTY WILUAMSON I tcy, ri j i 9 H T.S. /. 411 , 1 to 2 SOUTHWESTERN BELL a LQ TELEPHONE COMPANY >, VOL 616, PG. 531 O.R.W.C. 10 ESMT.: SEPT. 5, 1975 i U) 1.276 AC. (55581 SQ.FT.) 6 W N MATCH UNE TO OW 3 torlZ Z. RIGHT—OF—WAY PLAT SHOWING PROPERTY OF CHURCH OF CHRIST ROUND ROCK PARCEL NUMBER 6 i PT=64.7L8 i ;FSC= 182+91.4''..4 PROJECT U S HIGHWAY 79 DISTRICT 14 ACQUISITION 1.276 55584 SCALE 1 " = 100' ACCOUNT NO. 8014-2-29 C. S. J. N0. 0204-01-055 COUNTY WILUAMSON DEED AREA 24.01 1 tcy, ri j i 9 w 3 � 411 , 1 to 2 (A X78 i W Z LU P1= _ 180+ X8`8.31 3 > DLFL= 0°15'55"LT ' �. 0 I , 1rr1 d }; co � - ': w N w a z i .:iii t,% 5 MEMO Ell '0 j !I or parts of the text on this p was t�ii i<<'4R �e �br S8L dactory re rdati j L CarterBurgess 2705 Bee Cave Road Suite 300 Austin. Texas 78746 Phone:512.314.3100 Fox:512.328.6672 www.c-b.com © Copyright 2002 Carter & Burgess, Inc. RIGHT—OF—WAY PLAT SHOWING PROPERTY OF CHURCH OF CHRIST ROUND ROCK PARCEL NUMBER 6 ACRES SQE FEET 11ARTx.D.O.T. DATE OCTOBER 2001 PROJECT U S HIGHWAY 79 DISTRICT 14 ACQUISITION 1.276 55584 SCALE 1 " = 100' ACCOUNT NO. 8014-2-29 C. S. J. N0. 0204-01-055 COUNTY WILUAMSON DEED AREA 24.01 1 REMAINDER AREA 22.735 T:\Techl\TxDOT6enerol\050098_TxDoT_U579-RR_RoW-Plon\Fnotes\Fn01-222 P6.dwo. 4 of 4. 2003/02/13 02:45 D. Schreiber KL. CB Austin Survey