CM-2016-1246 - 12/5/2016 ELECTRONICALLY RECORDED 2017015973
TRV 5 PGS
ESTOPPEL CERTIFICATE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF §
ii AV
FROM: THE CITY OF ROUND ROCK, TEXAS
221 E. Main Street
Round Rock, TX 78665
TO: 2811 LA FRONTERA, LP
6400 S. Fiddler's Green Circle
Suite 1200
Greenwood Village, CO 80111
RE: Right-of-Way Dedication and Construction Agreement (the "Agreement"),
dated as of February 28, 1991, by and between the City of Round Rock,
Texas and Torn E. Nelson, Jr., Trustee II with respect to the land described
on Exhibit A attached hereto (the"Property")
The undersigned,the CITY OF ROUND ROCK,TEXAS, a Texas political
subdivision (the "City"), on behalf of itself and its successors and assigns, for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration paid to it by 2811 LA FRONTERA,LP, a Texas limited
partnership ("La Frontera"), the receipt and sufficiency of which is hereby acknowledged,
certifies and confirms to La Frontera, the current owner of the Property and successor
under the Agreement to Tom E.Nelson, Jr., Trustee II, and also to La Frontera's
successors and assigns, and acknowledges and agrees as follows:
1. All obligations on the part of the owner of the Property arising under the
Agreement, including, but not limited to, those dedication obligations arising under
Section II of the Agreement and the construction responsibilities arising under Section IV
of the Agreement, have been completed and satisfied, and neither La Frontera, nor its
successors and assigns shall have any continuing obligation to perform any work or pay
any sums under the Agreement.
2. La Frontera is not in default under the Agreement and there exists no default on
the part of La Frontera or the Property under the Agreement, nor has any event occurred
or condition exists that, with the giving of notice or the passage of time or both, would
constitute a default by La Frontera or the Property under the Agreement.
3. The person signing this Certificate on behalf of the City is duly authorized to
execute and deliver this Certificate on behalf of the City.
4. The City agrees that La Frontera and its lenders and their respective successors
and assigns may rely on the certifications set forth above as conclusive evidence of such
1
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(1 i- ?CAT"-,0-1/(f-.
matters, and all such certifications shall inure to the benefit of La Frontera and its
successors and assigns, and shall be binding upon the City and its successors and assigns.
5. This Certificate shall be governed by and construed in accordance with the laws
of the State of Texas.
[Signature and Acknowledgement Appear on the Following Page]
359022bk
TNESS WHEREOF e it I as caused this instrument to be executed on
this theay of the month o ' , 2016.
541
THE CITY:
CITY OF ROUND ROCK
134
Laurie'I4adley;Cilty Manager
Acknowledgment
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of the month
of , 2016, by Laurie Hadley, City Manager of the City of Round Rock,
Texas, in the capacity and for the purposes and consideration therein expressed.
Y / • Alike 0
Notary Publi.t.tate of -4140
AFTER RECORDING RETURN TO:
� �r` 1I I i lipo
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,Sheets& Crossfield :'
PRY pti'...4
309 East Main O� e, „
Round Rock, Texas 78664 F. %�' n
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EXHIBIT A
THE PROPERTY
EIEL NOTES FUR 2 ,
FIELD NOTES describing 2.82 acres of land in the A. Spreecher Survey,
Abstract No. 101, Travis Conty, Texas, being 1.31 acres of Tract 11, a 21.216 acre
tract and 1.51 acres of Tract 11t, a 17315 acre tract, as conveyed to Tom E. -
Nelson, Trustee No. 11, by deed recorded in Volume 10084, Page 93 of the deed
records of Travis County, Turas and being more particularly described by metes and
bounds as follows:
BEGINNING at an iron pin set on the West line of Lot 3 of Corridor Park I as
recorded in Book 85, Page 65 D of the Plat Records of Travis County, for the
East corner of this tract.
THENCE S 30° 28' 06" W al 5.00 feet pass the West corner of the said Lot 3
and the North line of Corridor Drive, at 85.00 feet pass the South line of Corridor
Drive and the North corner of Lot 1 of Corridor Park 1, and continue for a total
distance of 90.00 feet to an iron pin set for the South corner of this tract.
THENCE N 59 31' 55" W 95.14 feet to an iron pin set in the P.C. of a curve
to the right having a radius of 385.00 feet and a central angle of 24° 50' 04".
THENCE with the arc of the said curve 166.88 ftml, the long chord of which
bears N 47° 06' 52" W 16537 feet to an iron pin set for the P.T. of the said
curve.
THENCE N 340 41' 50" W 674.39 feet to an iron pin set in the P.C. of a curve
to the right having a radius of 385.00 feet and a central angle of 31° 33' 50".
THENCE with the arc of the said curve 212.09 feet, the long chord of which
bears N 18° 54' 55" W 209.42 feet to an iron pin set for the P.T. of the said
curve.
THENCE N 03° 08' 00" W 50.00 feet to an iron pin set in the P.C. of a curve
to the left having a radius of 261.02 Feet and a central angle of 06° 54' 04",
THENCE with the are of the said curve 31.44 feet, the long chord of which bears
N 06° 35' 02" W 31.42 feet to an iron pin set for the P.T. of the said curve and
the P.C. of a curve to the right having a radio': of 291.02 feet and a central angle
of 06°54' 04".
THENCE with the arc of the said curve 35.05 feel, the long chord of which bears
N 06° 35' 03" W 35.03 feet to an iron pin set for the P.T. of the said curve.
THENCE N 03° 08' 00" W 112.51 feet to an iron pin set in the P.C. of a curve
to the right having a radius of 15.00 feet and a central angle of 90° 00' 00".
THENCE with the arc of the said curve 23.56 feet, the long chord of which bears
N 48° O8' 00" W 21.21 feet to an iron pin set on the South line of F.M. 1325 for
the P.T. of the said curve and the West corner of this tract.
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THENCE N 86" ST 00" E with the South line of F.M. 1325 128.00 feet to an
iron pin set for the North corner of this tract and the P.C. of a curve to the left
having a radius of 15.00 feet and a central angle of 90° 00' 00".
THENCE with the arc of the said curve 23.56 feet, the long chord of which bears
S 41* 52' 00" W 21.21 feet to an iron pin set for the P.T. of the said curve.
THENCE S 03° 08' 00" E 112.51 feet to an iron pin set in the P.C. of a curve to
the right having a radius of 291.02 feet and a central angle of 06° 54' 04".
THENCE with the are of the said curve 35.04 feel, the long chord of which bears
S 00° 19' 04" E 35.03 feet to an iron pin set for the P.T. of the said curve and
the P.C. of a curve to the left having a radius of 261.02 feet and a central angle
of 06° 54' 04°.
THENCE with the arc of the said curve 31.44 feet, the Iong chord of which bears
S 000 19` 04" E 31,42 feet to an iron pin set for the P.T. of the said curve.
THENCE S 03° 011' 00 E 50.00 feet to an iron pin set in the P.C. of a curve to
the left having a radius of 295.00 feet and a central angle of 31° 33' 50".
•
THENCE with the arc of the said curve 162.51 feet, the long chord of which
beats S 180 54' 55" E 160.47 feet to an iron pin set for the P.T. of the said curve.
THENCE 5 34* 41' 50" E 674.39 feet to an iron pin set in the P.C. of a curve to
the left having a radius of 295.00 feet and a central angle of 24° 50' 04".
THENCE with the arc of the said curve 127.87 feet, the long chord of which
bears S 47° 06' 52" E 126.87 feet to an iron pin set for the P.T. of the said curve.
THENCE S 59° 31' 55" E 95.14 feet to the POINT OP BEGINNING containing
2.82 acres of land more or less.
The foregoing metes and bounds legal description,prepared by Steven D. Kallman of Rio
Tech, Inc.,previously appeared in that certain Right-of-Way Dedication and Construction
Agreement, dated as of February 28, 1991, by and between the City of Round Rock,
Texas and Tom E. Nelson, Jr., Trustee II.
FILED AND RECORDED
OF v. OFFICIAL PUBLIC RECORDS
1�, Jp
1 fF
359022bk ti.Y DANA DEBEAUVOIR, COUNTY CLERK
•
may„ ”
ry.3uF �e� TRAVIS COUNTY, TEXAS
January 27 2017 12:13 PM
FEE: $ 42.00 2017015973
ESTOPPEL CERTIFICATE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF §
ITV
FROM: THE CITY OF ROUND ROCK, TEXAS
221 E. Main Street
Round Rock, TX 78665
TO: 2811 LA FRONTERA, LP
6400 S. Fiddler's Green Circle
Suite 1200
Greenwood Village, CO 80111
RE: Right-of-Way Dedication and Construction Agreement (the "Agreement"),
dated as of February 28, 1991, by and between the City of Round Rock,
Texas and Tom E.Nelson,Jr., Trustee II with respect to the land described
on Exhibit A attached hereto (the"Property")
The undersigned,the CITY OF ROUND ROCK, TEXAS, a Texas political
subdivision (the"City"), on behalf of itself and its successors and assigns, for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration paid to it by 2811 LA FRONTERA, LP, a Texas limited
partnership ("La Frontera"), the receipt and sufficiency of which is hereby acknowledged,
certifies and confirms to La Frontera, the current owner of the Property and successor
under the Agreement to Tom E.Nelson, Jr., Trustee II, and also to La Frontera's
successors and assigns, and acknowledges and agrees as follows:
1. All obligations on the part of the owner of the Property arising under the
Agreement, including, but not limited to, those dedication obligations arising under
Section II of the Agreement and the construction responsibilities arising under Section IV
of the Agreement, have been completed and satisfied, and neither La Frontera, nor its
successors and assigns shall have any continuing obligation to perform any work or pay
any sums under the Agreement.
2. La Frontera is not in default under the Agreement and there exists no default on
the part of La Frontera or the Property under the Agreement, nor has any event occurred
or condition exists that, with the giving of notice or the passage of time or both, would
constitute a default by La Frontera or the Property under the Agreement.
3. The person signing this Certificate on behalf of the City is duly authorized to
execute and deliver this Certificate on behalf of the City.
4. The City agrees that La Frontera and its lenders and their respective successors
and assigns may rely on the certifications set forth above as conclusive evidence of such
1
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matters, and all such certifications shall inure to the benefit of La Frontera and its
successors and assigns, and shall be binding upon the City and its successors and assigns.
5. This Certificate shall be governed by and construed in accordance with the laws
of the State of Texas.
[Signature and Acknowledgement Appear on the Following Page]
2
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TNESS WHEREOF e it 1 as caused this instrument to be executed on
this the ay of the month o , 2016.
THE CITY:
CITY OF ROUND ROCK
B
Laurie ad'W, C' y Manager
Acknowledgment
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 519A- day of the month
of kp¢f' , 2016, by Laurie Hadley, City Manager of the City of Round Rock,
Texas, in the capacity and for the purposes and consideration therein expressed.
c
Notary Publi , tate of fQxa
AFTER RECORDING RETURN TO:
Sheets & Crossfield
309 East Main
Round Rock, Texas 78664
3
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p'GAN Af 'ro%�'�.
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�.0911� 1011 8
EXHIBIT A
THE PROPERTY
FIELD NOTES describing 2.82 acres of land in the 'A. Spreecber Survey,
Abstract No. I01, Travis Conty, Texas, being 1.31 acres of Tract 11, a 21,216 acre
tract and 1.51 acres of Tract 111, a 17.715 acre tract, as conveyed to Tom t?,
Nelson, Trustee No. 11, by deed recorded in Volume 10084, Page 93 of the deed
records of Travis County, Texas and being more particularly described by metas and
bounds as follows.,
BEGINNING at an iron pin set on the West line of Lot 3 of Corridor Park I as
recorded in Book 85, Page 65 D of the Plat Records of Travis County, for the
Fast corner of this tract.
THENCE S 30° 28' OF W al 5.00 Wel pass the West corner of the said Lot 3
and the North line of Corridor Drive, at 85.00 feet pass the South line of Corridor
Drive and the North corner of F.ot I of Corridor Park 1, and continue for a total
distance of 90.00 feet to an iron pin set for the South corner of this tract.
THENCE N 590 31' 55" W 95.14 feet to an iron pin set in the P.C. of a curve
to the right having a radius of 385.00 feet and a central angle of 240 SO' 04".
TIYENCE: with the are of (lie said curve 166.88 fu t, the long chord of which
bears N 47' 06' S2" W 165.57 feet to an iron pin set for the P.T. of the said
curve.
THENCE N 34° 41' 50" W 674.39 fWt to an iron pin set in the P.C. of a curve
to the right having a radius of 385.00 feet and a central angle of 310 33' 50".
THENCE with the arc of the said curve 212.09 feet, the long chord of which
bears N le 54' 55" W 209.42 feet to an iron pin set for the P.T. of the said
curve.
TIIENCE N 03° 08' 00" W 50.00 feet to an iron pin set in the P.C. of a curve
to the left having a radius of 261.02 feet and a central angle of 06° 54' 04".
THENCE with the are of the said curve 31.44 feet, the long chord of which bears
N 06° 35' 02" W 31.42 fret to an iron pin set for the P.T. of the said curve and
the P.C. of a curve to the right having a radio^ of 291.02 feel and a centrad angle
of Oe 54' 04".
THENCE with the arc of the said curve 35.05 flet, the long chord of which bears
N 06" 35' 03" W 35.03 feet to an iron pin set for the Wr. of the said curve.
THENCE N 036 08' 00" W 112.51 feet to an iron pin set in the P.G. of a curve
to the right having a radius of 15.00 feet and a central angle of 90° 00' 00
THENCF with the are of the said curve 23.56 feet, the long chord of which bears
N 48° 08' 00" W 21.21 feet to an iron pin set on the South line of P.M. 1325 for
the P.T. of the said curve and the West corner of this tract.
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THENCE N 86" 52' 00" E with the South line of F.M. I325 128.00 feet to an
iron pin set for the North corner of this tract and the P.C. of a curve to the left
having a radius of 15.00 feet and a central angle of 90° 00' 00".
THENCE with the arc of the said curve 23.56 fact, the long chord of which bears
S 41' 52' 00" W 21.21 feet to an iron pin set for the P.T, of the said curve.
THENCE S 03° 08' 00" E 112.5I feet to an iron pin set in the P.C, of a curve to
the right having a radius of 291.02 feet and a central angle of 06° 54' 04".
THENCE with the are of the said curve 35.04 feet, the long chord of which bears
S 00° 19' 04" E 35.03 feet to an iron pin set for the P.T. of the said curve and
tho P.C. of a cove to the left having a radius of 261.02 feet and a central angle
of 06' 54' 04". g
THENCE with the arc of [lit) said curve 31.44 feet, the long chord of which bears
S 00° 19' 04" E 31.42 feet to an iron lain set for the Y.T. of the said curve.
THENCE S 03' 08' 00 E 50.00 fret to an iron pin set in lite Y.C, of a curve to
the left having a radius of 295.00 feet and a central single of 31° 33' 50".
THENCE with the arc of the said curve 162.51 feet, the long chord of which
bears S 180 54' 55" E 160.47 feet to an iron pin set for the P.T. of the said carve.
THENCE 5 34° 4I' 50" E 674.39 feet to an iron pin set in the P.C. of a curve to
the left having a radius of 295.00 foot and a central angle of 2e 50' 04".
THENCE with the arc of the said curve I27.87 feet, the long chord of which
bears S 47" 06' 52" E 126.87 feet to an iron pin set for the P.T. of the said curve.
THENCE S 590 3I' 55" E 95.14 feet to the POFNI' OF BEGINNING containing
2,82 acres of land more or less.
The foregoing metes and bounds legal description, prepared by Steven D. Kallman of Rio
Tech, Inc., previously appeared in that certain Right -of -Way Dedication and Construction
Agreement, dated as of February 28, 1991, by and between the City of Round Rock,
Texas and Torn E. Nelson, Jr., Trustee II.
5
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City of Round Rock
JROUNO
ROCK Agenda Item Summary
Agenda Number:
Title: Consider approving an Estoppel Certificate regarding a 1991 Right -of -Way
and Construction Agreement related to Griffis on La Frontera apartments.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/2/2016
Dept Director: Steve Sheets
Cost: $10.00
Indexes:
Attachments: 00368275.PDF, 00368151.PDF
Department: Legal Department
Text of Legislative File CM -2016-1246
Consider approving an Estoppel Certificate regarding a 1991 Right -of -Way and
Construction Agreement related to Griffis on La Frontera apartments.
$10.00
General
Staff recommends approval.
City of Round Rock Page 1 Printed on 121112016