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R-2016-3925 - 11/10/2016 RESOLUTION NO. R-2016-3925 WHEREAS, the City desires to purchase right of way necessary for the Texas Avenue Project, and said tracts ("Property") are described as follows: All of that certain 0.9913 acre tract of land and all of that certain 2.5390 acre tract of land; and WHEREAS, Yen Chuan Kuo, 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 Yen Chuan Kuo, 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 10th day of November, 2016. Z4 City of Round Rock, Texas ATTEST: V . SARXLN HITE, City Clerk 0112.1604;00366850 EXHIBIT "All t F1 € 1 t REAL ESTATE CONTRACT E Texas Avenue t THIS REAL ESTATE CONTRACT ("Contract") is made by and between YEN CHUAN KUO, (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 F forth in this Contract. t ARTICLE I PURCHASE AND SALE F 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: All of that certain 0.9913 acre tract of land out of and situated in the David Curry Survey, Abstract No. 130 in Williamson County, Texas; being more frilly described in Exhibit"A", attached hereto and incorporated herein; and All of that certain approximately 2.5390 acre tract of land, being all of the remaining property of Seller which is located to the North of the property described in Exhibit "A", and for which Purchaser shall cause to be described by metes and bounds survey to be attached to the conveyance deed at Closing; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), and any improvements and fixtures situated on and attached to the Property not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the Property, any improvements located thereon, and any damage to any remaining property of Seller which is not part of the purchase described in this Contract, shall be the sum of$4.20 multiplied by the total number of square feet of Property to be purchased. The total area of Property to be acquired shall be determined by the final metes and bounds survey to be completed at the expense of Purchaser and approved by Seller prior to Closing as directed herein. i KUO--contract for Teras Ave.r.o.w.and North remainder(UC 10.10.16)(00365733xA0SFS) I Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. Special Provisions 2.03. Texas Avenue Driveways. As additional compensation and as an obligation which shall survive the Closing of this transaction, Purchaser shall construct two (2) concrete, commercial width driveway connections between the edge of the proposed Texas Avenue roadway improvements to be constructed upon the Property described in Exhibit "A" and the new right of way boundary of the remaining property of Seller to the South of the property acquired herein. The driveways shall be constructed as part of the Purchaser's Texas Avenue improvement project, and shall be installed at locations agreed to between Seller and Purchaser and which otherwise comply with Purchaser's driveway location, spacing, and design specification code or access management requirements. 2.04. Potential Temporary Interim Driveway. If the Seller, its successors or assigns, should need improved driveway access to the remaining property of Seller that is located to the South of the property acquired herein prior to the date that the driveway connections from the proposed Texas Avenue are installed and open for use as set out in Section 2.04 above, Purchaser agrees that upon request it shall grant Seller a permit to construct a temporary commercial driveway access point to its remaining property from Greenhill Drive, at a location to be specified by the Transportation Department of the City of Round Rock. The parties acknowledge that if a driveway is installed pursuant to this provision that it shall be considered temporary in nature, and shall only be used and in place until such time at the proposed Texas Avenue roadway improvements and the driveways to the remaining property of Seller are open to traffic, at which time the temporary driveway from Greenhill Drive identified herein shall be abandoned and removed. 2.05. Feasibility Period for Environmental Investigation. This Contract is expressly contingent upon the Purchaser, in its sole discretion, determining that the Property is adequate for and adaptable to its desired uses, including but not limited to environmental review, investigation and conditions. If the Purchaser determines, at any time on or before the expiration of thirty (30) days after the Effective Date of this contract (the "Feasibility Period"), that said Property is in any way unsuitable for Purchaser's purposes, and Purchaser provides written notice of this determination to Seller by first class mail, this Contract shall be void. If Purchaser elects to void the Contract during the Feasibility Period and the Contract does not Close, then the Seller shall be allowed to receive the liquidated damage amount described in Article VII below as a payment amount for the termination. During the Feasibility Period the Purchaser, its agents or consultants, shall be allowed to access the property at a mutually agreeable date(s) and time(s) in order to carry out any non-destructive inspections or testing desired by Buyer, including, but not limited to, any environmental or hazardous materials testing of any kind. 2 ARTICLE III PURCIIASER'S OBLIGATIONS Conditions to Purchaser's Obligations 1 3 E 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Miscellaneous Conditions 3.02. 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. x C ARTICLE IV REPRESENTATIONS AND WARRANTIES ' OF SELLER l K 4.01. 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 (lie best of Seller's knowledge: Z (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; c (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, miles and restrictions relating to the Property, or any part thereof; 4.02. The Property described in Exhibit "A" herein is being conveyed to Purchaser under f threat of condermiation. I { k ( ARTICLE V CLOSING i k s t S Closing Date 3 s 5.01. The Closing shall be held at the office of Georgetown Title Company on or before j December 31, 2016, 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 ori i the Title Commitment or in the contract (which date is herein referred to as the "Closing Date"). j f 3 � I i i 4 I i i S s 7 f Seller's Obligations at Closing j f 5.02. At the Closing Seller shall: f S (1) Deliver to the City of Round Rock, Texas a duly executed and ackmowledged Deed conveying good and indefeasible title in fee simple to all of the Property, tree and clear ol'any and all liens and restrictions, except for the following: t 4 (a) General real estate taxes for the year of closing and subsequent years not r yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Ally exceptions approved by Purchaser in writing. � The Deed shall be in the form as shown in Exhibit"B" attached hereto. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price. insuring 3 Grantee's fee simple and/or easement interests in and 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", if applicable; 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: I (a) Pay the cash portion of the Purchase Price. 4 I i t 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 apportiomnent of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. Agricultural roll-back taxes, if any, shall be paid by Purchaser. e Closing Costs i 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 1. (1) Owner's Title Policy and survey to be paid by Purchaser. i (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. t i 5 ARTICLE VI BREACH BY SELLER l In the event Seller shall fail to frilly 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, if any, shall be forthwith returned by the title company to Purchaser, 1 i a ARTICLE VII 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, if any, 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. if no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated clamages for any failure by Purchaser. 5 f ARTICLE VIII MISCELLANEOUS t Notice 3 8.01. 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 8.02. 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 \Villiamson f. County, Texas. E f Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their z P respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction f 8.04. 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. i i Prior Agreements Superseded 1 1 8.05. 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 Nvithin subject matter. y i Time of Essence I 8.06. Time is of the essence in this Contract. 6 Gender 8.07. 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. i Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of 3 this Contract suitable for filing of record. F Compliance x f 8.09 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. s Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city 3 council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. l Counterparts l 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. SELLER: y_ Address en Chuan Kuo Date: G� 7 i I I F i PURCHASER: 3 CITY OF ROUND ROCK,TEXAS i 1 By: Address: 221 East Main St. F Round Rock, Texas 75664 F Its: F a s Date: y i 9 Y 3 S i E i t 't S { s 4 t 3 1 7 3 i� 13 3 i f I I TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT CIVIL PNICTICE a REMEDIES CODE 6 121.007 l�%�=:�'r�-�1.d^-.�`C?�iL�?e��"'�G'�`u�^_",•'- r- - �,s`_{?�i1'' 'S?rs�`�,s46zY>.d��i�.,��(tc�lzci�-fZ�+iz�•`.c�f'�r��' '� :-�se�(>-=' t State of Texas 1� County of G'Xp�to t k Before me, C ZAyA5. i Name and Character of Notarizing Officer,e.g.,"John Smith, Notary Public" i on this day personally appeared ' 1 ) i' Name of Signer I"? sC7 known to me 0 proved to me on the oath of Name of Credible Witness roved to me through (( Description of Identity Card or Document tJ fC to be the person whose name is subscribed to the foregoing instrument and acknowledged to 1~• JUAN IAYAS me that he/she executed the same for the pur- My Commission Expires poses and consideration therein expressed. May 13,2018 j OF it Given under my hand and seal of office this day -f T - 1 A.D.,Z Day Month ear J (I Place Notary Seal and/or Stamp Above Signature or Notarizing Officer , l •J ( OPTIONAL i` Though the information in this section is not required by law,it may prove valuable to persons Top of Ihurnb here relying on the document and could prevent fraudulent removal and reattachment of this form to another document. h 1 Description of Attached Document Title or Type of Document: j, Document Date: Number of Pages: r Signer(s) Other Than Named Above: �i -c.Nj ©2010 National Notary Association•NationalNotary.org•1-600-US NOTARY(1-600.676-6627) Item 45243 ; I G f f EXHIBIT"A" Right-Of-Way Parcel METES AND BOUNDS DESCRIPTION OFA 0.9913 ACRE TRACT OF LAND OUT OF THE YEN CHUAN KUO TRACT LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS t E BEING a 0.9913 acre(43,180 square feet) tract of land situated in the David Curry Survey,Abstract No. 103, City of Round Rock, Williamson County, Texas; said 0.9913 acre tract being a portion of E that certain called 6.613 acre tract of land described in a Special Warranty Deed to Yen Chuan Kuo, filed on April 19, 2007, and recorded in Document No. 2007032132, Official Public Records of Williamson County,Texas(O.P.R.W.C.T.);said 0.9913 acre tract also being a portion of Lot 1, Block A,United Auto Parts Subdivision, filed on March 17, 2008, and recorded in Cabinet EE,Slide 206,Plat Records of Williamson County,Texas(P.R.W.C.T.);said 0.9913 acre tract being more particularly described by metes and bounds as follows: 1 c COMMENCING at a 1/2 inch iron rod found for the northeast comer of said 6.613 acre tract and f E said Lot 1,Block A,United Auto Parts Subdivision,same being on the west line of Lot 12,Block H, Resubdivision of Chapel Hill North Section 3 Block H,Lot 5,filed on January 6, 1989,and recorded in Cabinet J,Slides 205-206,P.R.W.C.T.; THENCE(L-7)South 21° 19' 51" East,with the east line of said 6.613 acre tract and said Lot 1,Block = A,same being the west line of said Lot 12,a distance of 81.51 feet to a 1/2-inch iron rod with aluminum cap stamped"CORR ROW"(hereafter referred to as"CORR cap")set for the POINT OF BEGINNING { and northeast comer of the herein described tract,said point marking the southwest comer of said Lot 12, said point also being the western terminus of the north right-of-way (R.O.W.) line of Texas Avenue (having a 60 foot width); i THENCE(L-1)South 21° 19' 51"East,with the east line of said 6.613 acre tract and said Lot 1,Block A,a distance of 61.52 feet to a 1/2-inch iron rod found for the southeast corner of the herein described tract, said point also marking the northwest comer of Lot 39, Block D,Chapel Hill North Section 3,filed on October 4, 1984,and recorded in Cabinet F,Slides 176-177,P.R.W.C.T.,said point also being the western terminus of the south R.O.W. line of said Texas Avenue, and from which a 1/2-inch iron rod found marking the southeast corner of said Lot 1,Block A bears South 21° 19' 51"East,at a distance of 358.95 feet; x THENCE traveling across the interior of said 6.613 acre tract and said Lot 1,Block A,United Auto Parts Subdivision,and with the proposed south R.O.W.line of said Texas Avenue,the following four(4)calls: 1) South 55° 54' 24"West,a distance of 468.53 feet to a 1/2-inch iron rod with"CORR cap"set for a corner of the herein described tract and being the beginning of a curve to the right; 2) (C-1)In a Westerly direction,with said curve to the right,having a delta angle of 12°52' 59", a radius of 630.00 feet, an are length of 141.66 feet, and a chord bearing and distance of South 62°20'54"West—141.36 feet to a 1/2-inch iron rod with"CORR cap"set for a corner of the herein described tract and being the end of said curve; I Page 1 of 4 I I I I Exhibit"A"continued Description of a 0.9913 acre tract t { { s 3 { 3) (L-2) South 68° 47' 23" West, a distance of 92.94 feet to a 1/2-inch iron rod with "CORR cap"set for a comer of the herein described tract and being the beginning of a curve to the left; 4) (C-2) In a Southwesterly direction, with said curve to the left, having a delta angle of 89° 52' 06", a radius of 15.00 feet, an are length of 23.53 feet, and a chord bearing and distance of South 23° 51'20"West—21.19 feet to a 1/2-inch iron rod with"CORR cap"set for the southernmost southwest comer of the herein described tract and being the end of said curve,said point being on the west line of said 6.613 acre tract and said Lot 1,Block A,United Auto Parts Subdivision,said point also being on the east R.O.W,line of Greenhill Drive(having a 60 foot width), and from which a 1/2-inch iron rod found marking the southwest corner of said Lot 1,Block A bears(L-5)South 21°04' 46"East,at a distance of 76.86 feet; THENCE(L-3)North 21° 04' 46" West,with the common east R.O.W.line of said Greenhill Drive j and the west line of said Lot 1,Block A,United Auto Parts Subdivision,a distance of 90.00 feet to a 1/2- I inch iron rod with"CORR cap"set for the westernmost northwest comer of the herein described tract and being the beginning of a curve to the left,and from which a 1/2-inch iron rod found marking the northwest comer of said Lot 1,Block A bears(L-6)North 21°04' 46"West,at a distance of 188.31 feet; THENCE departing the east R.O.W.line of said Greenhill Drive,and traveling across the interior of said 6.613 acre tract and said Lot 1, Block A, United Auto Parts Subdivision, and with the proposed north R.O.W.line of said Texas Avenue,the following four(4)calls: i 1) (C-3)In a Southeasterly direction,with said curve to the left,having a delta angle of 90° j 07' 51", a radius of 15.00 feet, an are length of 23.60 feet, and a chord bearing and distance of South 66° 08' 41"East—21.24 feet to a 1/2-inch iron rod with"CORR cap"set for a comer of the herein described tract and being the end of said curve; 2) (L-4)North 68°47'23"East,a distance of 92.73 feet to a 1/2-inch iron rod with"CORR cap" set for a comer of the herein described tract and being the beginning of a curve to the left; 3) (C-4) In a Easterly direction, with said curve to the left,having a delta angle of 12° 52' 59", a radius of 570.00 feet, an arc length of 128.16 feet, and a chord bearing and distance of North 62°20'54"East—127.89 feet to a 1/2-inch iron rod with"CORR cap"set for a corner of the herein described tract and being the end of said curve; 4) North 55°54'24"East,a distance of 482.12 feet to the POINTOIi BEGINNING of the herein described tract, delineating and encompassing within the metes recited 0.9913 acre (43,180 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group,Inc.,Round Rock,Texas in May of 2015. Page 2 of 4 Exhibit"A"continued Description of a 0.9913 acre tract Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central 1 Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. i This metes and bounds description is accompanied by an exhibit drawing. ''. f i. t THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § S That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A-4811 attached hereto is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas. O Al G' E F 9 Daniel M.Flaherty,R.P.L.S.No.5004 �:�� o;N ........ ....... ...: .. The Wallace Group, DANI, E..L..M.FLAHEHT...... ..Y A CP&Y,1nc.Company r:A 5 04 One Chisholm Trail,Suite 130 T..0 0 v\ Q Round Rock,Texas 78681 Ph. (512)248-0065 TBPLS Firm No. 10051701 See attached Plat No.A-4811 05-05-2015 23563-13/FN01.doc Date R P f 3 Page 3 of 4 EXHIBIT "A' DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A PROPOSED 0.9993 ACRE RIGHT-OF-WAY PARCEL LOCATED IN THE DAVID CURRY SURVEY, ABSTRACT 903, i AND BEING A PART OF LOT 9, BLOCK A, UNITED AUTO PARTS SUBDIVISION, RECORDED IN CABINET EE, SLIDE 206, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS RESUBDIVISION OF 6 �SY CHAPELSEEC110N 30R1H CURBYNo fOSExAS CABLOCK J,SU)., 205 206 DAYt ST}�COUNTY' w wI LOT 1 FILED: JANUA YT 6, 1989 I / z AB SN BLOCK A LOT 9 € 3I wILLIA� GREEN SQUARE 7 AI3ll NOTE ENCING I BLOCK H - cf d CAB.DD,SLD. 176-177 POINT I� n' P.R.W.C.T. FILED: JUNE 28,2007 z FIELD NOTE LOT 10 Iw POINT OF LOT 11 BEGINNING ` SCALE: 1" = 200' �'ti SUBDIVISION UNE LOT 12 kQ CALLED 8,813 ACRES x 5 0� BLOq(1A '�� 0.9913 ACRE RIGHT-OF-WAY YEN CHUAN KUD E E A g- `4r4 PARCEL(43,180 SQ. FT.) DOC. NO. 2007032132, O.P.R.W.C.T. DNIUN T (60 DPI SUBDIVISION o� LOT 1 �.0. E CAB.M,SLD.313-314 x BLOCK A 482.12 0 �pW UK 4 P.R.W.C.T. W FILED: MARCH 12,1990 1 GJ-3 62'539 AC. N g5'5h24 $ CHAPEL HILL NORTH / (110, 15 SQ.FT.) LOT 39 SECTION 3 L-4 - "55.53' CAB.F.SLD. 176-177 TEXAS AVENUE r) 5.5}2"' P.R.W.C.T. FILED: OCTOBER 4,1984 (80' RO,W) UNITED AUTO PARTS SUBDIVISION R LOT 38 C-1 L-2 8i BLOCK D CAB. EE, SLD. 206 n LOT 5 ' P.R.W.C.T. FILED: MARCH 17, 2008 � w LOT 37 RESUBDIVISION OF C-2 SUBDIVISION UNE vi N INDUSTRIAL PARK BLOT IA BLOT 1 S SECTION II $ F LOT 38 CAD.E,SLD.247 CHANDLER CREEK INDUSTRIAL PARK 3.085 AC. �it to PJULY 12, ) CHAPEL HILL NORTH E FILED: JULY 12,1883 CAB SECTION 3818-390 (134,399 SQ. FT. P.R.W.C.T. LOT 35 CAB, SECTION N SLD. 176-177 n FILED: SEPTEMBER 30,1987 SUBDIVISION UNE P.R.W.C.T. o — — — — FILED: OCTOBER 4,1084 LOT 30 8��0 LOT 32 LOT 33 LOT 34 � LOT 29 0 N R.O.W. CURVE TABLE CHAPEL HI NORTH CURVE DELTA RADIUS TANGENT LENGTH CH. BEARING CH. DIST. LOT 2D SECTION ONE C-1 12'52'59' 630.00' 71.13' 141.66' S 62'20'54' W 141.36' CAB.E SLD.T75-176 P.R.W.C.T. 3 C-2 89'52'06' 15,00' 14.97' 23.53' S 23'51'20'W 21.19' FILED: FEBRUARY 16,1983 F C-3 90'07'67' 15.00' 15.03' 23.60' S 66'OB'41' E 21.24' R.O.W. UNE TABLE C-4 1252'59' 570.00' 64.35' 128.16' N 62'20'54'E 127.89' UNE BEARING DIST. LEGEND x L-1 S 21'19'51' E 81.52' I'' O= SET i 2 IRON ROD WITH ,� GENERAL NOTES: L-2 S 68'47'23'W 9294' / " 1. ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. L-3 N 21'04'46'W 90.00' ALUMINUM CAP 2. SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND L-4 N 88'47'23'E 92.73' STAMPED "CORR ROW" CONDITIONS THAT MAY BE APPLICABLE, L-5 S 21'04'46'E 76.66' •= FOUND 1/2' IRON ROD LO M 3. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. L-6 N 21 04'48' W 188.31' (UNLESS OTHERWISE NOTED) } 4. THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. L-7 S 2119'51" E 81.51' 1P.R.W.C.T.= PLAT RECORDS OF > 5. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM WILLIAMSON COUNTY, TEXAS (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.P.R.W.C.T.- OFFICIAL PUBLIC RECORDS OF COOPERATIVE CORS RTK NETWORK. WILLIAMSON COUNTY, TEXAS c� 3 ►E WALLACE GROUP engineers architects Surveyors @M.F ToA CPEY COMPANY 9 •-+9x WACO KILLEEN DALLAS ROUND ROCKo:NTBPLS 10051701 1 Chisholm Trail,Suite 130, Round Rock Texas 78681 1 (512)7.48-0065 TBPE F-54 AHERTYrc1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT '"""""�THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR Q �LAND SURVEYS IN THE STATE OF TEXAS, THIS THE TH DAY OF 20154?'yam��re N SURVEYED: 04/30/2015 ge�NIEL M. FLAHERTY, R.P.LS. N . 5004 4 OF 4 J 0 200 400 PLAT N0, A-4811 DRAFT DATE 05/05/15 DRAWN BY DV SCALE WORK ORDER N0. 23563 FIELDBOOK/PG. 210/08 TAB # A-4811 0 2015 ALL RIGHTS RESERVED DIGITAL FILE 23563R-13-EXHIBIT F/N # 23563R-13/ -01 Ii f 1 EXHIBIT "B" DEED THE STATE OF TEXAS § COUNTY OF WILLIAMSON § ' 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 IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. l NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That YEN CHUAN KUO, 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 City of Round Rock, 'Texas, the 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 CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon (the "Property"), being more particularly described as follows: All of that certain 0.9913 acre tract of land out of and situated in the David Curry Survey, Abstract No. 130 in Williamson County, Texas; being more fully described by metes and bounds in Exhibit"A", attached hereto and incorporated herein; and All of that certain 2.5390 acre tract of land out of and situated in the David Curry Survey, Abstract No. 130 in Williamson County, Texas; being more fully described by metes and bounds in Exhibit"B", attached hereto and incorporated herein. i SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the Property conveyed herein, to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. t 00365241.DDC i r f f I TO HAVE AND TO HOLD the property herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, j administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. I The Property described in Exhibit "A" is being conveyed in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2016. I GRANTOR: I i a f. G t Yen Chuan Kuo r 4 d S, S i u i t t i i i i ff. E 3 I t i I i a 2. t i E ACKNOWLEDGMENT STATE OF _ § COUNTY OF § 4 This instrument was acknowledged before me on this the day of 2016 by Yen Chuan Kuo, in the capacity and for the purposes and consideration recited therein. r i f Notary Public, State of _ 1 PREPARED IN THE OFFICE OF: 1 Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 t GRANTEE'S MAILING ADDRESS: City of Round Rock Attn: City Manager 221 East Main Street f Round Rock,Texas 78664 AFTER RECORDING RETURN TO: f r. 3. `s i I I i