R-01-12-20-10B1 - 12/20/2001RESOLUTION NO. R -01-12-20-10B1
A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND
DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN
AS THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT
#1; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND
ESTIMATED COSTS OF THE PROPOSED IMPROVEMENTS AND THE
METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE
DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC
IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372,
SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE; MAKING
PROVISIONS RELATED THERETO AND DECLARING AN
EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, Chapter 372 of the Texas Local Government Code (the
"Act") authorizes the City of Round Rock, Texas (the "City") to
create one or more public improvement districts; and
WHEREAS, on or about October 1, 2001, owners of certain real
property located within the City delivered to the City a Petition
(the "Petition") to create Grimes Boulevard Public Improvement
District #1 (the "District") the boundaries of which are described
by metes and bounds in Exhibits "A" and "B", attached hereto and
incorporated herein; and
WHEREAS, the City Secretary of the City has received the
Petition and it has been determined that the owners of more than
50% of the appraised value of the taxable real property and more
than 50% of the area of all taxable real property within the
District have executed the Petition and that the Petition complies
with the Act and authorizes the City Council to consider the
creation of the District; and
WHEREAS, after providing all notices required by the Act, the
City Council on December 20, 2001 conducted a public hearing on the
advisability of the improvements and the creation of the District;
and
WHEREAS, the City Council adjourned such public hearing, Now
Therefore
::ODMA\ W ORLDOX\O:\WDOX\RESOLUTI\R 1122081. WPD/cdc
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the following findings are made and declared regarding
the proposed Grimes Boulevard Public Improvement District #1:
1. The Petition to establish the District is sufficient and
is accepted as being in compliance with the provisions of
the Act;
2. It is advisable to make the improvements set forth in the
Petition and the same will benefit the land described
therein, enhance the value thereof and be of benefit and
use to the City and the residents of the District;
3. The nature the Proposed Improvements shall consist of the
construction of proposed Grimes Blvd. running through
the Property. The reimbursement shall include all cost
of materials and labor for two lanes of Grimes Blvd., the
median, sidewalks on each side of Grimes Blvd., drainage
and lighting, but not including engineering and design
costs, which will be borne solely by the City. The
parties hereto agree that the portion of the cost of
Grimes Blvd. paid by the Developer is attributable to the
needs of Developer's development.
4. The estimated costs of the Proposed Improvements are
$317,449.00, plus 6 %% simple interest, which includes
expenses incurred in the establishment and administration
of the proposed Improvements. In no event shall the total
PID assessment be more than $317,449.00, plus simple
interest of 6 %%.
5. The estimated costs shall be paid from special
assessments on all property within the District's
boundaries.
6. The land described in the Petition will all be benefitted
by the proposed improvements and therefore the boundaries
of the District shall be as described in Exhibits "A"and
"B" attached hereto and made a part hereof for all
purposes;
2.
7. The method of assessment shall be as follows: An
assessment of Three Hundred Seventeen Thousand, Four
Hundred Forty-nine and No/100 Dollars ($317,449.00) shall
be levied on the Property and shall be paid on a per -
acre, pro -rated basis, due seven (7) years after
Substantial Completion of Grimes Blvd. through the
Property, or at time of plat recordation, whichever first
occurs. Substantial Completion shall mean the date on
which the Director of Public Works notifies the
contractor that the portion of Grimes Blvd. through the
Property has been finally accepted.
8. The costs of the improvements shall be shared by the land
within the boundaries of the District and the City.
II.
The Grimes Boulevard Public Improvement District #1 is hereby
created as provided by the Act and in accordance with.the findings
made in Section I hereof. Provided, however, such authorization
does not authorize Petitioner to take any action that would
obligate the City in any way or cause the City to incur any risk or
cost.
This Resolution shall be published one time in the Round Rock
Leader, the official newspaper of the City, and upon such
publication authorization of the Grimes Blvd. Public Improvement
District #1 shall become effective.
IV.
City staff is hereby authorized to take all action necessary
to prepare a preliminary assessment roll, publish any necessary
notices, and take all other action necessary to effectuate the
purposes of this Resolution.
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.
3.
RESOLVED this 20th day of Decemb
ATTEST:
001.
RO: -`' A. STLUKA, Jul. , Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Se.jetary
4.
' Page Iof4
Hoover Tract
45.09 Acre Tract
DESCRIPTION
FOR A 45.09 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
23.217 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO SUE HOOVER BY
INSTRUMENT. RECORDED IN VOLUME 2137, PAGE 218 OF THE OFFICIAL RECORDS
OF SAID COUNTY, ANI) A CALLED 27.61 ACRE TRACT OF LAND AS DESCRIBED IN
THAT DEED TO JAMES J. HOOVER AND WIFE, SUE S. HOOVER BY INSTRUMENT,
RECORDED IN VOLUME 649, PAGE 114 OF THE DEED RECORDS OF SAID COUNTY,
SAID 45.09 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at the southwesterly corner of said 27.61 Acre Tract, same being the southeasterly
comer of a called 2.00 acre tract of land as described in that deed to David L. Carlin and Mary C.
Carlin by instrument recorded in Document No. 9759883 of said Official Records, same being
on the approximate centerline of Lakecreek, same being the southwesterly corner hereof from
which a railroad spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the westerly line of said 27.61 Acre Tract, same being the easterly line of said
2.00 Acre Tract, N 16° 47' 12" W for a distance of 163.02 feet to a %2" iron rod found for the
southwesterly corner of a called 4.83 acre tract of land as described in that deed to David L.
Carlin and wife, Mary C. Carlin by instrument recorded in Volume 1155, Page 286 of said
Official Records, same being an angle point hereof;
'THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
1) S 82° 12' 52" E for a distance of 329.24 feet to a 1/2iron rod found for an angle point hereof
2) N 03° 06' 47" W for a distance of 308.89 feet to a %2" iron rod found for an angle point
hereof; ,
3) N 62° 12' 26" E for a distance of 232.07 feet to a 'A" iron rod found for an angle point
hereof;
, 4) N 37' 50' 26" E for a distance of 160.89 feet to a 1/2" iron . rod found for an angle . point
hereof;
5) N 14° 45' 47" E for a distance of 15.08 feet to a 1/2" iron rod found for an angle point hereof
6) N 23P 41' 43" E pass a %2" iron rod found at a distance of 79.09 feet, continuing for a total
distance of 115.65 feet to the northerly line of said 27.61 Acre Tract, same being the
approximate centerline of Brushy Creek, same being the northwesterly corner hereof;
' Page2of4 -
Hoover Tract
45.09 Acre Tract
THENCE with the approximate centerline of Brushy Creek, same being in part with the
northerly line of said 27.61 Acre Tract and said 23.217 Acre Tract, the following seven (7)
courses and distances:
1) S 70° 32' 12" E for a distance of 77.75 feet for an angle point hereof;
2) N 89° 31' 48" E for a distance of 404.79 feet for an angle point hereof;
3) N 82° 48' 33" E for a distance of 827.53 feet for an angle point hereof;
4) N 65° 23' 52" E for a distance of 247.08 feet for an angle point hereof
5) N 70° 47' 53" E for a distance of 207.55 feet for an angle point hereof;
6) N 76° 14' 05" E for a distance of 84.57 feet for an angle point hereof;
7) N 600 12' 38".E fora distance of 117.86 feet to the intersection of the said approximate
centerline of Brushy Creek and the said approximate centerline of Lakecreek, same being the
northeasterly corner hereof;
THENCE with the intersection of the said approximate centerline of Brushy Creek and the said
approximate centerline of Lakecreek, S 44° 22' 57" E for a distance of 20.00 feet for an angle
point hereof;
THENCE with the easterly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek,--the following four (4) courses and distances:
1) S 45° 37' 03" W for a distance of 163.91 feet for an angle point hereof;
2) S 51° 57' 12" W for a distance of 475.77 feet for an angle point hereof;
3) S 38° 51' 11" W for a distance of 252.21 feet for an angle point hereof;
4) S 10° 24' 33" W for a distance of 40.70 feet for the northwesterly corner of Lot 28, Block D,
of South Creek Section Twelve, a subdivision recorded in Cabinet L, Slides 259 — 262 of the
Plat Records of said County, same being an angle point hereof;
THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said
Lot 28, S 43° 05' 18" E for a distance of 59.87 feet for the northwesterly comer of South Creek,
Section Ten, a subdivision recorded in Cabinet I, Slides 164 — 165 of said Plat Records, same
being an angle point hereof, from which a %2" iron rod found for the most southerly corner of
-said Lot 28, same being the most westerly comer of Lot 4, Block C, of said South Creek Section
Twelve bears, S 43° 05' 18" E for a distance of 91.89 feet, and a %2" iron rod found for a point of
Page 3 of 4
Hoover Tract
451)9 Acre Tract
curvature of said Lot .28, same being on the northerly right-of-way line of Sugar Berry Cv.
(50 foot right-of-way width) bears, S 430 05' 18" E for a distance of 91.89 feet and
N 31° 57' 54" E for a distance of 209.72 feet;
THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said
South Creek, Section Ten, S 18° 25' 33" W for a distance of 835.48 feet for the southwesterly
corner of said South Creek, Section Ten, same being the northeasterly corner of South Creek,
Section 2, a subdivision recorded in Cabinet F, Slides 266 — 267 of said Plat Records, same being
a point of curvature hereof, from which a %2" iron rod found for the most easterly corner of
Lot 13, Block G, of said South Creek, Section 2, same being the most southerly comer of Lot 1,
Block C, of said South Creek, Section Ten, same being on the westerly right-of-way line of
Willow Way (50 foot right-of-way width) bears, S 57° 49' 55" E for a distance of 369.07 feet,
and a 'A" iron rod found on a common angle point between said South Creek, Section Ten and.
said South Creek, Section 2, same being on the easterly right -of --way line of said Willow Way
bears, S 57° 49' 55" E for a distance of 419.34 feet;
THENCE with the easterly line of said 23.217 Acre Tract, same being the northerly line of said
South Creek, Section 2, with the arc of a curve to the right, having a radius of 323.56 feet,
passing at an arc distance of 363.59 feet, a 'A" iron rod found in concrete, said W' iron rod found
being 0.21 feet north of said curve to the right, in all a total arc length of 366.34 feet, a central
angle of 64° 52' 14", and a chord which bears S 50° 48' 49" W for a distance of 347.08 feet for
the northwesterly corner of said South Creek, Section 2, same being on the said approximate
centerline of Lakecreek, same being an angle point hereof, from which a 'A" iron rod found for
the northwesterly comer of Lot 3, Block G, of said South Creek, Section 2 bears, S 00° 15' 05" E
for a distance of 140.50 feet, and a %2" iron rod found for the southwesterly comer of Lot 2,
Block G, of said South Creek, Section 2, same being the northwesterly corner of said Lot 1,
Block G, of said South Creek, Section 2 bears, S 02° 05' 55" E for a distance of 161.60 feet;.
THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek, N 72° 40' 03" W for a distance of 243.06 feet for the southeasterly
comer of a called 1.50 acre tract of land as described in that deed to Roger A. Miller and wife,
Suzanne B. Miller by instrument recorded in Volume 790, Page 892 of said Deed Records, same
beingan angle point hereof;
THENCE with the easterly, northerly, and westerly line of said 1.50 Acre Tract the following
six (6) courses and distances:
1) N 02° 06' 00" W for a distance of 60.00 feet to a %" iron rod found for an angle point
hereof;
2) N 00° 03' 28" W for a distance of 94.78 feet to a fence post for an angle point hereof;
3) N 02° 27' 50" W for a distance of 143.00 feet for an angle point hereof;
Page.4 of 4
Hoover Tract
45.09 Acre Tract
4) N 80° 41' 39" W for a distance of 233.40 feet to a railroad spike found for an angle point
hereof;
5) S 06° 27' 39" W for a distance of 118.32 feet to a %2" iron rod found for an angle point
hereof;
6) S 20° 13' 22" E for a distance of 183.99 feet for the southwesterly corner of said 1.50 Acre
Tract, same being on the southerly line of said 23.217 Acre Tract, same being the said
approximate centerline of Lakecreek, same being an angle point hereof;
THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 77° 16' 23" W for a distance of 166.49 feet for an angle point hereof;
2) N 72° 30' 47" W for a distance of 152.26 feet for an angle point hereof;
3) N 76° 23' 19" W for a distance of 244.14 feet for an angle point hereof;
4) N 62° 42' 11" W for a distance of 123.00 feet for an angle point hereof;
5) N 46° 34' 11" W for a distance of 42.7.61 feet to the POINT OF. BEGINNING hereof and
containing 45.09 acre of land.
Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone,
NAD '83
Note: Refer to attached survey plat.
Surveyed under the direct supervision of the undersigned:
411111,2r. . At
wrence A. Hunt
Registered Professional Land Surveyor
BAKER-AICKLEN & ASSOCIATES,
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job Noy 1154-702-20
File Name: W:IPROJECTS1HOOVERMTLE\DOCIMB-HOOVER loc
Page 1 of 3
Carlin Tract
6.83 Acre Tract
DESCRIPTION
FOR A 6.83 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 2.00 ACRE
TRACT OF LAND AS DESCRIBED IN THAT DEED TO DAVID L. CARLIN AND
MARY C. CARLIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 9759883 OF THE
OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 4.83 ACRE TRACT OF LAND
AS DESCRIBED IN THAT DEED TO JAMES L. CARLIN AND WIFE, MARY C. CARLIN
BY INSTRUMENT RECORDED IN VOLUME 1155, PAGE 286 OF SAID OFFICIAL
RECORDS, SAID 6.83 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %z" iron rod found on the northwesterly corner of said 2.00 Acre Tract, same
being the southerly right-of-way line of Missouri Pacific Railroad, same being the northwesterly
corner hereof;
THENCE with the northerly line of said 2.00 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, with the arc of a curve to the left, having a radius of
4004.79 feet, an arc length of 362.08 feet, a central angle of 05° 10' 49", and a chord which
bears, N 62° 06' 32" E for a distance of 361.95 feet to a %" iron rod found for the northeasterly
corner of a said 2.00 Acre Tract, same being the northwesterly comer of said 4.83 Acre Tract;
THENCE with the northerly line of said 4.83 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, the following two (2) courses and distances:
1) with the arc of a curve to the left, having a radius of 4004.79 feet, an are length of
34032 feet, a central angle of 04° 52' 08", and a chord which bears, N 56° 09' 10" E for a
distance of 340.22 feet to a %2" iron rod found for a point of tangency hereof;
2) N 53° 42' 48" E for a distance of 410.56 feet for the northeasterly corner of said 4.83 Acre
Tract, same being the approximate centerline of Brushy Creek, same being a northeasterly
corner hereof
THENCE with the northerly line of said 4.83 Acre Tract, same being the approximate centerline
of said Brushy Creek, S 70° 32' 12" E for a distance of 126.66 feet for the most easterly corner
hereof;
EXHIBIT
Page 2 of 3
Carlin Tract
6.83 Acre Tract
THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
1) S 23° 41' 43" W passing a Y2" iron rod found at a distance of 36.56 feet, continuing for a
total distance of 115.65 feet to a %z" iron rod found for an angle point hereof;
2) S 14° 45' 47" W for a distance of 15.08 feet to a %2" iron rod found for an angle point hereof;
3) S 370 50' 26" W for a distance of 160.89 feet to a 'A" iron rod found for an angle point
hereof;
4) S 62° 12' 26" W for a distance of 232.07 feet to a 'h" iron rod found for an angle point
hereof;
5) S 03° 06' 47" E for a distance of 308.89 feet to a %2" iron rod found for an angle point
hereof;
6) N 82° 12' 52" W for a distance of 329.24 feet to a 6" iron rod found for the southwesterly
corner of said 4.83 Acre Tract, same being on the easterly line of said 2.00 Acre Tract, same
being an angle point hereof;
THENCE with the easterly line of said 2.00 Acre Tract, same being the westerly line of a called
27.61 acre tract of land as described in that deed to James J. Hoover and wife, Sue S. Hoover by
instrument recorded in Volume 649, Page 114 of the Deed Records of said County,
S 16° 47' 12" E for a distance of 163.02 feet for the southeasterly corner of said 2.00 Acre Tract,
same being the southwesterly comer of said 27.61 Acre Tract, same being on the said
approximate centerline of Lakecreek, same being an angle point hereof, from which a railroad
spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the southerly line of said 2.00 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 59° 23' 41" W for a distance of 69.51 feet for an angle point hereof;
Page 3 .of 3
Carlin Tract
6.83 Acre Tract
2) N 66° 52' 29" W for a distance of 120.34 feet for an angle point hereof;
3) N 80° 30' 15" W for a distance of 71.71 feet for an angle point hereof;
4) S 76°.04' 18" W for a distance of 88.36 feet for an angle point hereof;
5) S 51° 28' 38" W for a distance of 67.93 feet for the southwesterly comer of said 2.00 Acre
Tract, same being the southwesterly corner hereof
THENCE with the westerly line of said 2.00 Acre Tract, N 16° 50' 06" W pass a f" iron rod
found at a distance of 100.00 feet, continuing for a total distance of 193.44 to the POINT OF
BEGINNING hereof and containing 6.83 acre of land.
Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone,
NAD '83
Note: Refer to attached survey plat.
Surveyed under the direct supervision of the undersigned:
BAKER-AICKLEN &ASSOCIATES,
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
gob No.: 1154702-20
File Name: W:1PROJECrs\HOOVER\DOCtIvIB.CARLIN.doe
DATE: December 14, 2001
SUBJECT: City Council Meeting — December 20, 2001
ITEM: 10.B.1. Consider a resolution establishing Grimes Boulevard Public
Improvement District #1.
Resource: Charles Crossfield, Assistant City Attorney
David Kautz, Finance Director
History: This PID provides for the developer to partially reimburse the City the costs of
construction of Grimes Boulevard.
Funding:
Cost: $317,449.00
Source of funds: Developers
Outside Resources: Sheets & Crossfield, P.C.
Impact: Facilitates the construction of Grimes Boulevard.
Benefit: Provides for the construction of Grimes Boulevard.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
PETITION FOR ESTABLISHMENT OF GRIMES BLVD.
PUBLIC IMPROVEMENT ASSESSMENT DISTRICT #1
TO THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, AND THE MAYOR OF
THE CITY OF ROUND ROCK, TEXAS:
The undersigned property owner, pursuant to the Public Improvement
Assessment Act, Chapter 372.001 et seq., Local Government Code, Vernon's
Annot. Civil Statutes, respectfully petition the Mayor and the City
Council for the establishment of the Grimes Blvd. Public Improvement
Assessment District #1, and
The undersigned property owner is the sole property owner within the
area to be included within the proposed district,
In support of said petition, Petitioner would show unto the City Council
the following:
1. General Nature of Proposed Improvements.
The Proposed Improvements shall consist of the construction of
proposed Grimes Blvd. running through the Property. The reimbursement
shall include all cost of materials and labor for two lanes of Grimes
Blvd., the median, sidewalks on each side of Grimes Blvd., drainage and
lighting, but not including engineering and design costs, which will be
borne solely by the City. The parties hereto agree that the portion of
the cost of Grimes Blvd. paid by the Developer is attributable to the
needs of Developer's development.
2. Estimated Costs of Improvements.
The estimated costs of the Proposed Improvements are $317,449.00,
plus 6 % simple interest, which includes expenses incurred in the
establishment and administration of the proposed Improvements. In no
event shall the total PID assessment be more than $317,449.00, plus
simple interest of 6 %.
3. Boundaries of the Proposed Assessment District.
The boundaries of the proposed assessment district are described in
Exhibit "A" and Exhibit "B", attached hereto and incorporated herein.
4. Proposed Method of Assessment.
An assessment of Three Hundred Seventeen Thousand, Four Hundred
Forty-nine and No/100 Dollars ($317,449.00) shall be levied on the
Property and shall be paid on a per -acre, pro -rated basis, due seven (7)
0:\wdox\CORR\transprt\grimes\pid\petition\00011419.WPD/kg
R -01 -1a -as -tool
10/?2/2001 MON 11:09 FAX SHEETS & CROSSFIELD P.C. E 003/010
years after Substantial Completion of Grimes Blvd. through the Property,
or upon closing of a tract, lot or lots in excess of three (3) acres,
whichever first occurs. Developer agrees that no lot will be sold that
is less than three acres in size. Substantial Completion shall mean the
date on which the Director of Public Works notifies the contractor that
the portion of Grimes Blvd. through the Property has been finally
accepted.
5. Management of District.
The Proposed District shall be managed solely by the City of Round
Rock, Texas.
6. Concurrence of the Establishment of the District.
The undersigned request and/or concur with the establishment_ of the
Grimes Blvd. Public Improvement Assessment District #1.
7. Apportionment. of Costs
The costs of the Proposed Improvements (which costs shall not exceed
51,085,348.00) shall be borne by the land within the boundaries of the
District and the City of Round Rock, Texas.
SIGNED this the 2'2 day of C)Gt-dip-•l" , 2001.
Respectfully submitted:
SYCAMORE TRAIL, LTD.,
a Texas Limited Partnership,
By its General Partner,
RDW HOLDINGS, INC.,
a Texas Corporation
By 720.,(e— /).
Robert D. Wunsch, President
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
Th'$ instrument was acknowledged before me on this the (J
day of Ck?.Z , 2001, by ROBERT D. WUNSCH, President of RDW
HOLDINGS, INC., a Texas Corporation, General Partner of SYCAMORE
TRAIL, LTD., a Texas Limited Partnership, on behalf of said
partnership.
2.
Notary Public, State of Texas
. Page 1 of 4
Hoover Tract
45.09 Acre Tract
DESCRIPTION
FOR A 45.09 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
23.217 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO SUE HOOVER BY
INSTRUMENT RECORDED IN VOLUME 2137, PAGE 218 OF THE OFFICIAL RECORDS
OF SAID COUNTY, AND A CALLED 27.61 ACRE TRACT OF LAND AS DESCRIBED IN
THAT DEED TO JAMES J. HOOVER AND WIFE, SUE S. HOOVER BY INSTRUMENT
RECORDED IN VOLUME 649, PAGE 114 OF THE DEED RECORDS OF SAID COUNTY,
SAID 45.09 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at the southwesterly corner of said 27.61 Acre Tract, same being the southeasterly
corner of a called 2.00 acre tract of land as described in that deed to David L. Carlin and Mary C.
Carlin by instrument recorded in Document No. 9759883 of said Official Records, same being
on the approximate centerline of Lakecreek, same being the southwesterly corner hereof, from
which a railroad spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the westerly line of said 27.61 Acre Tract, same being the easterly line of said
2.00 Acre Tract, N 16° 47' 12" W for a distance of 163.02 feet to a 1/2" iron rod found for the
southwesterly corner of a called 4.83 acre tract of land as described in that deed to David L.
Carlin and wife, Mary C. Carlin by instrument recorded in Volume 1155, Page 286 of said
Official Records, same being an angle point hereof;
THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
1) S 82° 12' 52" E for a distance of 329.24 feet to a 1/2iron rod found for an angle point hereof;
2) N 03° 06' 47" W for a distance of 308.89 feet to a 1/2" iron rod found for an angle point
hereof;
3) N 62° 12' 26" E for a distance of 232.07 feet to a 1/2" iron rod found for an angle point
hereof;
4) N 37° 50' 26" E for a distance of 160.89 feet to a 1/2" iron rod found for an angle point
hereof;
5) N 14° 45' 47" E for a distance of 15.08 feet to a %2" iron rod found for an angle point hereof;
6) N 23° 41' 43" E pass a 'A" iron rod found at a distance of 79.09 feet, continuing for a total
distance of 115.65 feet to the northerly line of said 27.61 Acre Tract, same being the
approximate centerline of Brushy Creek, same being the northwesterly corner hereof;
EXHIBIT
/if)
, Page 2of4
Hoover Tract
45.09 Acre Tract
THENCE with the approximate centerline of Brushy Creek, same being in part with the
northerly line of said 27.61 Acre Tract and said 23.217 Acre Tract, the following seven (7)
courses and distances:
1) S 70° 32' 12" E for a distance of 77.75 feet for an angle point hereof;
2) N 89° 31' 48" E for a distance of 404.79 feet for an angle point hereof;
3) N 82° 48' 33" E for a distance of 827.53 feet for an angle point hereof;
4) N 65° 23' 52" E for a distance of 247.08 feet for an angle point hereof;
5) N 70° 47' 53" E for a distance of 207.55 feet for an angle point hereof;
6) N 76° 14' 05" E for a distance of 84.57 feet for an angle point hereof;
7) N 60° 12' 38" E for a distance of 117.86 feet to the intersection of the said approximate
centerline of Brushy Creek and the said approximate centerline of Lakecreek, same being the
northeasterly corner hereof;
THENCE with the intersection of the said approximate centerline of Brushy Creek and the said
approximate centerline of Lakecreek, S 44° 22' 57" E for a distance of 20.00 feet for an angle
point hereof;
THENCE with the easterly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek,-the following four (4) courses and distances:
1) S 45° 37' 03" W for a distance of 163.91 feet for an angle point hereof;
2) S 51° 57' 12" W for a distance of 475.77 feet for an angle point hereof;
3) S 38° 51' 11" W for a distance of 252.21 feet for an angle point hereof;
4) S 10° 24' 33" W for a distance of 40.70 feet for the northwesterly corner of Lot 28, Block D,
of South Creek Section Twelve, a subdivision recorded in Cabinet L, Slides 259 — 262 of the
Plat Records of said County, same being an angle point hereof;
THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said
Lot 28, S 43° 05' 18" E for a distance of 59.87 feet for the northwesterly corner of South Creek,
Section Ten, a subdivision recorded in Cabinet I, Slides 164 — 165 of said Plat Records, same
being an angle point hereof, from which a %2" iron rod found for the most southerly corner of
said Lot 28, same being the most westerly corner of Lot 4, Block C, of said South Creek Section
Twelve bears, S 43° 05' 18" E for a distance of 91.89 feet, and a %2" iron rod found for a point of
•
. Page 3 of 4
Hoover Tract
45.09 Acre Tract
curvature of said Lot .28, same being on the northerly right-of-way line of Sugar Berry Cv.
(50 foot right-of-way width) bears, S 43° 05' 18" E for a distance of 91.89 feet and
N 31° 57' 54" E for a distance of 209.72 feet;
THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said
South Creek, Section Ten, S 18° 25' 33" W for a distance of 835.48 feet for the southwesterly
corner of said South Creek, Section Ten, same being the northeasterly corner of South Creek,
Section 2, a subdivision recorded in Cabinet F, Slides 266 — 267 of said Plat Records, same being
a point of curvature hereof, from which a %2" iron rod found for the most easterly corner of
Lot 13, Block G, of said South Creek, Section 2, same being the most southerly corner of Lot 1,
Block C, of said South Creek, Section Ten, same being on the westerly right-of-way line of
Willow Way (5.0 foot right-of-way width) bears, S 57° 49' 55" E for a distance of 369.07 feet,
and a 1/2" iron rod found on a common angle point between said South Creek, Section Ten and
said South Creek, Section 2, same being on the easterly right-of-way line of said Willow Way
bears, S 57° 49' 55" E for a distance of 419.34 feet;
THENCE with the easterly line of said 23.217 Acre Tract, same being the northerly line of said
South Creek, Section 2, with the arc of a curve to the right, having a radius of 323.56 feet,
passing at an arc distance of 363.59 feet, a %2" iron rod found in concrete, said 1/2" iron rod found
being 0.21 feet north of said curve to the right, in all a total arc length of 366.34 feet, a central
angle of 64° 52' 14", and a chord which bears S 50° 48' 49" W for a distance of 347.08 feet for
the northwesterly comer of said South Creek, Section 2, same being on the said approximate
centerline of Lakecreek, same being an angle point hereof, from which a %2" iron rod found for
the northwesterly corner of Lot 3, Block G, of said South Creek, Section 2 bears, S 00° 15' 05" E
for a distance of 140.50 feet, and a %2" iron rod found for the southwesterly comer of Lot 2,
Block G, of said South Creek, Section 2, same being the northwesterly corner of said Lot 1,
Block G, of said South Creek, Section 2 bears, S 02° 05' 55" E for a distance of 161.60 feet;
THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek, N 72° 40' 03" W for a distance of 243.06 feet for the southeasterly
corner of a called 1.50 acre tract of land as described in that deed to Roger A. Miller and wife,
Suzanne B. Miller by instrument recorded in Volume 790, Page 892 of said Deed Records, same
being an angle point hereof;
THENCE with the easterly, northerly, and westerly line of said 1.50 Acre Tract the following
six (6) courses and distances:
1) N 02° 06' 00" W for a distance of 60.00 feet to a %2" iron rod found for an angle point
hereof;
2) N 00° 03' 28" W for a distance of 94.78 feet to a fence post for an angle point hereof;
3) N 02° 27' 50" W for a distance of 143.00 feet for an angle point hereof;
- Page4•of4
Hoover Tract
45.09 Acre Tract
4) N 80° 41' 39" W for a distance of 233.40 feet to a railroad spike found for an angle point
hereof;
5) S 06° 27' 39" W for a distance of 118.32 feet to a %2" iron rod found for an angle point
hereof;
6) S 20° 13' 22" E for a distance of 183.99 feet for the southwesterly corner of said 1.50 Acre
Tract, same being on the southerly line of said 23.217 Acre Tract, same being the said
approximate centerline of Lakecreek, same being an angle point hereof;
THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 77° 16' 23" W for a distance of 166.49 feet for an angle point hereof;
2) N 72° 30' 47" W for a distance of 152.26 feet for an angle point hereof;
3) N 76° 23' 19" W for a distance of 244.14 feet for an angle point hereof;
4) N 62° 42' 11" W for a distance of 123.00 feet for an angle point hereof;
5) N 46° 34' 11" W for a distance of 427.61 feet to the POINT OF BEGINNING hereof and
containing 45.09 acre of land.
Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone,
NAD '83
Note: Refer to attached survey plat.
Surveyed under the direct supervision of the undersigned:
Registered Professional Land Surveyor
BAKER-AICKLEN & ASSOCIATES,
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154-702-20 File Name: W:\PROJECTS HOOVERITITLE\DOC\MB-HOOVER.doc
Page 1 of 3
Carlin Tract
6.83 Acre Tract
DESCRIPTION
FOR A 6.83 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 2.00 ACRE
TRACT OF LAND AS DESCRIBED IN THAT DEED TO DAVID L. CARLIN AND
MARY C. CARLIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 9759883 OF THE
OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 4.83 ACRE TRACT OF LAND
AS DESCRIBED IN THAT DEED TO JAMES L. CARLIN AND WIFE, MARY C. CARLIN
BY INSTRUMENT RECORDED IN VOLUME 1155, PAGE 286 OF SAID OFFICIAL
RECORDS, SAID 6.83 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %2" iron rod found on the northwesterly corner of said 2.00 Acre Tract, same
being the southerly right-of-way line of Missouri Pacific Railroad, same being the northwesterly
corner hereof;
THENCE with the northerly line of said 2.00 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, with the arc of a curve to the left, having a radius of
4004.79 feet, an arc length of 362.08 feet, a central angle of 05° 10' 49", and a chord which
bears, N 62° 06' 32" E for a distance of 361.95 feet to a 1/2" iron rod found for the northeasterly
corner of a said 2.00 Acre Tract, same being the northwesterly comer of said 4.83 Acre Tract;
THENCE with the northerly line of said 4.83 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, the following two (2) courses and distances:
1) with the arc of a curve to the left, having a radius of 4004.79 feet, an arc length of
340.32 feet, a central angle of 04° 52' 08", and a chord which bears, N 56° 09' 10" E for a
distance of 340.22 feet to a %2" iron rod found for a point of tangency hereof;
2) N 53° 42' 48" E for a distance of 410.56 feet for the northeasterly comer of said 4.83 Acre
Tract, same being the approximate centerline of Brushy Creek, same being a northeasterly
corner hereof;
THENCE with the northerly line of said 4.83 Acre Tract, same being the approximate centerline
of said Brushy Creek, S 70° 32' 12" E for a distance of 126.66 feet for the most easterly corner
hereof;
EXHIBIT
Is RI,
Page 2 of 3
Carlin Tract
6.83 Acre Tract
THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
1) S 23° 41' 43" W passing a 1/2" iron rod found at a distance of 36.56 feet, continuing for a
total distance of 115.65 feet to a 1/2" iron rod found for an angle point hereof;
2) S 14° 45' 47" W for a distance of 15.08 feet to a 1/2" iron rod found for an angle point hereof;
3) S 37° 50' 26" W for a distance of 160.89 feet to a 1/2" iron rod found for an angle point
hereof;
4) S 62° 12' 26" W for a distance of 232.07 feet to a 1/2" iron rod found for an angle point
hereof;
5) S 03° 06' 47" E for a distance of 308.89 feet to a 1/2" iron rod found for an angle point
hereof;
6) N 82° 12' 52" W for a distance of 329.24 feet to a 1/2" iron rod found for the southwesterly
corner of said 4.83 Acre Tract, same being on the easterly line of said 2.00 Acre Tract, same
being an angle point hereof;
THENCE with the easterly line of said 2.00 Acre Tract, same being the westerly line of a called
27.61 acre tract of land as described in that deed to James J. Hoover and wife, Sue S. Hoover by
instrument recorded in Volume 649, Page 114 of the Deed Records of said County,
S 16° 47' 12" E for a distance of 163.02 feet for the southeasterly corner of said 2.00 Acre Tract,
same being the southwesterly corner of said 27.61 Acre Tract, same being on the said
approximate centerline of Lakecreek, same being an angle point hereof, from which a railroad
spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the southerly line of said 2.00 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 59° 23' 41" W for a distance of 69.51 feet for an angle point hereof;
Page 3 .of 3
Carlin Tract
6.83 Acre Tract
2) N 66° 52' 29" W for a distance of 120.34 feet for an angle point hereof;
3) N 80° 30' 15" W for a distance of 71.71 feet for an angle point hereof;
4) S 76° 04' 18" W for a distance of 88.36 feet for an angle point hereof;
5) S 51° 28' 38" W for a distance of 67.93 feet for the southwesterly corner of said 2.00 Acre
Tract, same being the southwesterly corner hereof;
THENCE with the westerly line of said 2.00 Acre Tract, N 16° 50' 06" W pass a %2" iron rod
found at a distance of 100.00 feet, continuing for a total distance of 193.44 to the POINT OF
BEGINNING hereof and containing 6.83 acre of land.
Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone,
NAD '83
Note: Refer to attached survey plat.
Surveyed under the direct supervision of the undersigned:
nce A. Hunt
egistered Professional Land Surveyor
BAKER-AICKLEN & ASSOCIATES,
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154-702-20 File Name: WAPROJEC 1S\I-IOOVER\DOCUI4B-CARLIN.doc
/
Date