R-04-04-08-10D1 - 4/8/2004RESOLUTION NO. R -04-04-08-10D1
WHEREAS, the City desires to purchase a 0.099 acre tract of
land, and a drainage easement interest in a 0.123 acre tract of land
for additional right-of-way for the Downtown Streets Improvements
Project, and
WHEREAS, the Estate of Garfield McConico and the McConico Family
Trust, 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 Estate of Garfield
McConico and the McConico Family Trust, 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 8th day of April, 2004.
ST;
ItairAti2.1e
NY gy'%: WE , Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secr
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REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between PETRANELLA
MCCONICO, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX UNDER THE WILL AND
THE ESTATE OF GARFIELD W. MCCONICO AND AS CO -TRUSTEE OF THE MCCONICO
FAMILY TRUST, AND BYRON ANDERSON AS CO -TRUSTEE OF THE MCCONICO FAMILY
TRUST, (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 0.099 acre tract of land situated in the Wiley Harris Survey, Abstract
No. 298, in Williamson County, Texas, being a portion of Block 4 of Starkfield Addition, a
subdivision according to the plat recorded in Cabinet A, Slide 203 of the Plat Records of Williamson
County, Texas, more fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein; and
A drainage easement interest in a 0.123 acre tract of land situated in the Wiley Harris Survey,
Abstract No. 298, in Williamson County, Texas, being a 15 foot wide strip of land out of a remnant
portion of Block 4 of Starkfield Addition, a subdivision according to the plat recorded in Cabinet A,
Slide 203 of the Plat Records of Williamson County, Texas, more fully described by metes and
bounds in Exhibit "B", attached hereto and incorporated herein
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 THIRTY THREE THOUSAND
and no/100 Dollars ($33,000.00).
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EXHIBIT
"An
Special Provisions
2.02. As an obligation which shall survive the closing of this sale, Purchaser agrees that it will
reconstruct the driveway approaches to Pecan Street from the remaining property of Seller as a part
of the overall improvements to the adjacent roadway/sidewalk facilities, to a condition substantially
similar (or better) to that which existed prior to this sale. Seller agrees to allow Purchaser or its
contractors access to the remaining property as necessary to carry out this provision.
Purchaser shall additionally provide any grading or sloping on the remaining property as
necessary to protect the stability and integrity of the adjoining roadway/sidewalk facilities and to
facilitate proper drainage. This shall take place as part of the adjoining construction project on a one
time basis. Seller agrees to allow Purchaser or its contractors access to the remaining property as
necessary to carry out this provision.
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
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.
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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.
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, other than as previously disclosed;
(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.
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ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before
April 15, 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:
(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.
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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:
Owner's Title Policy and survey to be paid by Purchaser.
Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
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
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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.
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.
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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.
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.
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SELLER:
Petranella McConico, Individually and as
Independent Executrix under the Will and the
Estate of Garfield W. McConico, deceased, and
as Co -Trustee of the McConico Family Trust
created under the Will and Estate of Garfield
W. McConico, deceased
Date:
yro I :rson, as Co -Trustee of the
McConico Family Trust created under the
Will and Estate of Garfield W. McConico,
deceased
�p
Date:
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PURCHASER:
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
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1 of 7
McConico (Parcel 8)
0.099 Acre Tract
EXHIBIT
City of Round Rock
Williamson County, Texas
DESCRIPTION
FOR A 0.099 -ACRE (4312 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE WILEY .HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF BLOCK 4 OF STARKFIELD
ADDITION, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN
CABINET A, SLIDE 203 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.099 -ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a ''/z" iron rod found at a point in the north right-of-way line of Pecan Street
(right-of-way width varies), said point being the southeast comer of Lot 2 of P. K. Dady
Subdivision a subdivision according to the plat recorded in Cabinet N, Slide 352 of the Plat
Records of Williamson County, Texas, same being the southwest comer of said Block 4, for the
southwest corner and POINT OF BEGINNING hereof;
THENCE departing the north right-of-way line of said Pecan Street with the east boundary line
of said Lot 2, same being the west boundary line of said Block 4, N 07°45'49" E for a distance of
6.90 feet to a ;z" iron rod with cap set on a point for the northwest corner hereof;
THENCE departing the east boundary line of said Lot 2, through the interior of said Block 4 the
following five (5) courses and distances:
1. N 88°49'20" E for a distance of 74.72 feet to a'/" iron rod with cap set for an angle
point in the north boundary line hereof,
2. N 88°49'22" E for a distance of 174.86 feet to a 'A" iron rod with cap set for an angle
point in the north boundary line hereof,
3. N 87°51'10" E for a distance of 60.57 feet to a'' W' iron rod with cap set for an angle
point in the north boundary line hereof,
4. N 87°51'15" E for a distance of 318.46 feet to a 1/4" iron rod with cap set for point of
curvature in the north boundary line hereof,
5. With the arc of a curve to the right having a radius of 710.00 feet, an arc length of
109.96 feet and a chord which bears S 87°42'34" E for a distance of 109.85 feet to a
%" iron rod with cap set at a point in the north right-of-way line of said Pecan Street,
same being the south boundary line of said Block 43, for the easternmost comer
hereof;
2 of 7
McConico (Parcel 8)
0.099 Acre Tract
City of Round Rock
Williamson County, Texas
THENCE with the north right-of-way line of said Pecan Street, same being the south boundary
line of said Block 43, S 88°18'45" W for a distance of 739.30 feet to the POINT OF
BEGINNING hereof and containing 0.099 acres of land.
Bearings are Grid Bearings based on City of Round Rock, Texas Control Points and GPS survey
performed November 2002.
Based on an on -the -ground survey made under my direct supervision and shown on
accompanying survey drawing.
R. David Strutton
Registered Professional Land Surveyor No. 4312
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Job #0601-2-085-24
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SURVEY PERFORMED NOVEMBER, I
2002. I I REMNANT PORTION OF BLOCK 4,
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BUSHES DATE: JULY 8, 2003 BAKER-AICKL.EN
JOB NO.: 0601-2-085-24 &L ASSOCIATES,INC.
RAILROAD TIES BY: TJR
PAGE 5 OF 7 ENGINEERS/SURVEYORS
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1of3
McConico (Drainage Easement)
0.123 Acre Tract
EXHIBIT
City of Round Rock
Williamson County, Texas
DESCRIPTION
FOR A 0.123 -ACRE (5,372 -SQUARE -FOOT) TRACT OF LAND SITUATED IN THE
WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY,
TEXAS, BEING A 15 -FOOT -WIDE STRIP OF LAND OUT OF A REMNANT
PORTION OF BLOCK 4 OF STARKFIELD ADDITION, A SUBDIVISION
ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 203 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.123 -ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at a %2" iron rod found at the point of intersection of the south
line of Pecan Street (width varies) with the east line of Circle Avenue (width varies), said point being
the northwest corner of a tract of land in described in deed to Anne Phillips recorded in Document No.
2002064965 of the Official Records of said County;
THENCE, over and across said Pecan Street, N 01°41'15" W for a distance of 40.00 feet to a point in
the north line of said Pecan Street, same being the south boundary line of said Remnant Portion of
Block 4;
THENCE with the north line of said Pecan Street, same being the south boundary line of said
Remnant Portion of Block 4, S 88°18'45" W for a distance of 132.22 feet to a point for the southwest
corner and POINT OF BEGINNING hereof;
THENCE continuing with the north line of said Pecan Street, same being the south boundary line of
said Remnant Portion of Block 4, S 88°18'45" W for a distance of 15.00 feet to a point for the
southwest corner hereof, from which a %i" iron rod found at the southeast corner of Lot 2, P.K. Dady
Subdivision, a subdivision according to the plat of record in Cabinet N, Slide 352 of the Plat Records
of said County, same being the southwest comer of said Remnant Portion of Block 4 bears
S 88°18'45" W a distance of 348.44 feet;
THENCE departing the north line of said Pecan Street, and continuing over and across said remnant
Portion of Block 4 the following two (2) courses and distances:
1. N 01°29'12" W for a distance of 236.24 feet to a point for an angle point in the west
boundary line hereof,
2. N 06°04'12" E for a distance of 123.95 feet to a point in the south boundary line of Lot
10, Heritage Center, a subdivision according to the plat of record in Cabinet F, Slides
294-295 of the Plat Records of said County, same being the north boundary line of said
Remnant Portion of Block 4, for the northwest comer hereof;
THENCE with the south boundary line of said Lot 10, same being
Remnant Portion of Block 4, S 76°18'15" E for a distance of 15.13
comer hereof;
THENCE departing the south boundary line of said Lot 10, over and
Block 4, the following two (2) courses and distances:
the north boundary line of said
feet to a point for the northeast
across said Remnant Portion of
SKETCH TO ACCOMPANY DESCRIPTION
LOT 10,
HERITAGE CENTER
CAB. F, SL. 294-295.
SCALE I" = 60'
WILEY HARRIS SURVEY,
A B ST RA CT N O .
DRAINAGE EASEMENT
0.123 ACRES
5,372 SQ. FT.
NUMBER
BEARING DISTANCE
LI
S 88°18'45" W 15.00'
L2
S 76°18'15" E 15.13'
(S 73°32' E)
L3
42
tri
N
•
C'
0
0
cc)
0
S 87°51'49" W
(S 89°20' W)
99.99'
(100.00')
• 1/2" IRON ROD FOUND
O 1/2" IRON R00 WITH CAP SET
L CALCULATED POINT
( ) RECORD BEARING 8 DISTANCE
PER CAB. A, SL. 203
(
J RECORD BEARING a DISTANCE
PER CAB. N, SL. 352
111240
REMNANT PORTION OF BLOCK 4,
SI`ARKFIELD ADDITION CABINET A, SLIDE 203
SAVE AND EXCEPT A CALLED 0.103 ACRE TRACT
DESCRIBED IN DOCUMENT NO. 9724998
0.P.R.W.C., TX
F.
--cox, v, =1
LOT 1,
1 P.KDAD
CAB.
PORTION OF BLOCK 4,
ADDITION CABINET A, SLIDE
EPT A CALLED 0.103 ACRE
IN DOCUMENT NO. 972499
0.P.R.W.C., TX
P.K.D
CAB.
T 2,
Y SU.
N, SL.
89°18'45' W
T.H. RITT
DOC.
348.44'
5.00
f ""+s
S 88°18'45" W 132.22'
.,
S 88°18'45" W 495.66' _Z
(N 88°55' W)",:: o
POINT OF
.11117
PECAN STREET
�„
I o
BEGINNING o
SECRET
I URBAN
WAS It
DOC. NO.
SING
ANT •
, D.C.
02096
Bearings are Grid Bearings based on
City of Round Rock, Texas Control
Points and GPS survey performed
November 2002.
3
ce` ABY BY
V OF
I VOL.
' KINARD
13,
LE P
ATTORNE
2238, „
CIRCLE
AVENUE
(WIDTH VARIES)
✓
BEGINNING
FOR
REFERENC
►0.. NO.
209''.4265
DATE: JULY 8, 2003
JOB NO.: 0601-2-085-24
BY- T„R
PAGE 3 OF 3
W:\PROJECTS\CORK\DOWNTOWN STREETS\DWG\EASEMENTS\DRAINAGE EASEMENT-1.dr'; (PAGE 31 September 113, 2003
11:51°m
BAKER-AICKLEN
& ASSOCIATES, INC.
ENGINEERS/SURVEYORS
DATE: April 2, 2004
SUBJECT: City Council Meeting - April 8, 2004
ITEM: *10.D.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with the Estate of Garfield McConico and the
McConico Family Trust for the purchase of right-of-way for the
Downtown Streets Improvement Project.
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification: Purchase right-of-way from Byron Anderson for the Downtown Street
Project.
Funding:
Cost: $33,000.00
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Crossfield, P.C.
Background Information:
Public Comment: N/A
This contract will increase mobility to the Southwest
quadrant of the City, and improve the sidewalks along the
park area of the City.
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between PETR¢(NELLA
MCCONICO, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX UNDER THE WILL AND
THE ESTATE OF GARFIELD W. MCCONICO AND AS CO -TRUSTEE OF THE MCCONICO
FAMILY TRUST, AND BYRON ANDERSON AS CO -TRUSTEE OF THE MCCONICO FAMILY
TRUST, (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 0.099 acre tract of land situated in the Wiley Harris Survey, Abstract
No. 298, in Williamson County, Texas, being a portion of Block 4 of Starkfield Addition, a
subdivision according to the plat recorded in Cabinet A, Slide 203 of the Plat Records of Williamson
County, Texas, more fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein; and
A drainage easement interest in a 0.123 acre tract of land situated in the Wiley Harris Survey,
Abstract No. 298, in Williamson County, Texas, being a 15 foot wide strip of land out of a remnant
portion of Block 4 of Starkfield Addition, a subdivision according to the plat recorded in Cabinet A,
Slide 203 of the Plat Records of Williamson County, Texas, more fully described by metes and
bounds in Exhibit "B", attached hereto and incorporated herein
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 THIRTY THREE THOUSAND
and no/100 Dollars ($33,000.00).
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R-014-04/-08 /OD/
Special Provisions
2.02. As an obligation which shall survive the closing ofthis sale, Purchaser agrees that it will
reconstruct the driveway approaches to Pecan Street from the remaining property of Seller as a part
of the overall improvements to the adjacent roadway/sidewalk facilities, to a condition substantially
similar (or better) to that which existed prior to this sale. Seller agrees to allow Purchaser or its
contractors access to the remaining property as necessary to carry out this provision.
Purchaser shall additionally provide any grading or sloping on the remaining property as
necessary to protect the stability and integrity of the adjoining roadway/sidewalk facilities and to
facilitate proper drainage. This shall take place as part of the adjoining construction project on a one
time basis. Seller agrees to allow Purchaser or its contractors access to the remaining property as
necessary to carry out this provision.
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
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 may be 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.
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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.
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, other than as previously disclosed;
(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.
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ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before
April 15, 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:
(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.
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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:
Owner's Title Policy and survey to be paid by Purchaser.
Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
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
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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.
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.
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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.
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.
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SELLER:
faltiLA.-02 .(r
Petrihella McConico, Individually and as
Independent Executrix under the Will and the
Estate of Garfield W. McConico, deceased, and
as Co -Trustee of the McConico Family Trust
created under the Will and Estate of Garfield
W. McConico, deceased
Date:
rson, as Co -Trustee of the
McConico Family Trust created under the
Will and Estate of Garfield W. McConico,
deceased �0i
Date:
3/7/0i/
PURCHASER:
CITY OF ROUND ROCK
Bv:
yle Maxwell, Mayor
221 E. MAIN STREET
ROUND O K TEXAS 78664
Date: KI
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1 of 7
McConico (Parcel 8)
0.099 Acre Tract
EXHIBIT
DESCRIPTION
City of Round Rock
Williamson County, Texas
FOR A 0.099 -ACRE (4312 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE WHEY .HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF BLOCK 4 OF STARKFIELD
ADDITION, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN
CABINET A, SLIDE 203 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.099 -ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a '/" iron rod found at a point in the north right-of-way line of Pecan Street
(right-of-way width varies), said point being the southeast comer of Lot 2 of P. K. Dady
Subdivision a subdivision according to the plat recorded in Cabinet N, Slide 352 of the Plat
Records of Williamson County, Texas, same being the southwest corner of said Block 4, for the
southwest comer and POINT OF BEGINNING hereof;
THENCE departing the north right-of-way line of said Pecan Street with the east boundary line
of said Lot 2, same being the west boundary line of said Block 4, N 07°45'49" E for a distance of
6.90 feet to a ; iron rod with cap set on a point for the northwest corner hereof;
THENCE departing the east boundary line of said Lot 2, through the interior of said Block 4 the
following five (5) courses and distances:
1. N 88°49'20" E for a distance of 74.72 feet to a '/" iron rod with cap set for an angle
point in the north boundary line hereof,
2. N 88°49'22" E for a distance of 174.86 feet to a %" iron rod with cap set for an angle
point in the north boundary line hereof,
3. N 87°51'10" E for a distance of 60.57 feet to a'/" iron rod with cap set for an angle
point in the north boundary line hereof,
4. N 87°51'15" E for a distance of 318.46 feet to a '/" iron rod with cap set for point of
curvature in the north boundary line hereof,
5. With the arc of a curve to the right having a radius of 710.00 feet, an arc length of
109.96 feet and a chord which bears S 87°42'34" E for a distance of 109.85 feet to a
'/" iron rod with cap set at a point in the north right-of-way line of said Pecan Street,
same being the south boundary line of said Block 43, for the easternmost corner
hereof;
2of7
McConico (Parcel 8)
0.099 Acre Tract
City of Round Rock
Williamson County, Texas
THENCE with the north right-of-way line of said Pecan Street, same being the south boundary
line of said Block 43, S 88°18'45" W for a distance of 73930 feet to the POINT OF
BEGINNING hereof and containing 0.099 acres of land.
Bearings are Grid Bearings based on City of Round Rock, Texas Control Points and GPS survey
performed November 2002.
Based on an on -the -ground survey made under my direct supervision and shown on
accompanying survey drawing.
R. David Strutton
Registered Professional Land Surveyor No. 4312
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Job #0601-2-085-24
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BEARINGS ARE GRID BEARINGS
BASED ON CITY OF ROUND ROCK SKETCH TO ACCOMPANY DESCRIPTION
CONTROL POINTS AND GPS I
SURVEY PERFORMED NOVEMBER,
2002. I I 16 REMNANT PORTION OF BLOCK 4,
cb: S/w j 077 STARKFIELD ADD TION CABINET A, SLIDE 203
SAVE AND EXCEPT A CALLED 0.103 ACRE TRACT
CONC. s/w DESCRIBED IN DOCUMENT N0. 9724998
4" PEACH P.R.W.C., TX
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15999 �� SIGN PECAN STREET PECAN606
(STREET (R.O.W. VARIES) PA
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0.099 ACRES
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v VOL. 2238, PG. 542 ( 0 W. VARIES)
0.R.W.C., TX
�P 20009 -
BUSHES DATE: JULY 8, 2003 BAKER-AICKLEN
JOB NO.: 0601-2-085-24 A ASSOCIATES,INC.
RAILROAD TIES BY: TJR
PAGE 5 OF 7 ENGINEERS/SURVEYORS
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1 of3
McConico (Drainage Easement)
0.123 Acre Tract
EXHIBIT
DESCRIPTION
City of Round Rock
Williamson County, Texas
FOR A 0.123 -ACRE (5,372 -SQUARE -FOOT) TRACT OF LAND SITUATED IN THE
WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY,
TEXAS, BEING A 15 -FOOT -WIDE STRIP OF LAND OUT OF A REMNANT
PORTION OF BLOCK 4 OF STARKFIELD ADDITION, A SUBDIVISION
ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 203 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.123 -ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at a 'A" iron rod found at the point of intersection of the south
line of Pecan Street (width varies) with the east line of Circle Avenue (width varies), said point being
the northwest comer of a tract of land in described in deed to Anne Phillips recorded in Document No.
2002064965 of the Official Records of said County;
THENCE, over and across said Pecan Street, N 01°41'15" W for a distance of 40.00 feet to a point in
the north line of said Pecan Street, same being the south boundary line of said Remnant Portion of
Block 4;
THENCE with the north line of said Pecan Street, same being the south boundary line of said
Remnant Portion of Block 4, S 88°18'45" W for a distance of 132.22 feet to a point for the southwest
corner and POINT OF BEGINNING hereof;
THENCE continuing with the north line of said Pecan Street, same being the south boundary line of
said Remnant Portion of Block 4, S 88°18'45" W for a distance of 15.00 feet to a point for the
southwest comer hereof, from which a 'A" iron rod found at the southeast comer of Lot 2, P.K. Dady
Subdivision, a subdivision according to the plat of record in Cabinet N, Slide 352 of the Plat Records
of said County, same being the southwest comer of said Remnant Portion of Block 4 bears
S 88°18'45" W a distance of 348.44 feet;
THENCE departing the north line of said Pecan Street, and continuing over and across said remnant
Portion of Block 4 the following two (2) courses and distances:
1. N 01°29'12" W for a distance of 236.24 feet to a point for an angle point in the west
boundary line hereof,
2. N 06°04'12" E for a distance of 123.95 feet to a point in the south boundary line of Lot
10, Heritage Center, a subdivision according to the plat of record in Cabinet F, Slides
294-295 of the Plat Records of said County, same being the north boundary line of said
Remnant Portion of Block 4, for the northwest comer hereof;
THENCE with the south boundary line of said Lot 10, same being the north boundary line of said
Remnant Portion of Block 4, S 76°18'15" E for a distance of 15.13 feet to a point for the northeast
comer hereof;
THENCE departing the south boundary line of said Lot 10, over and across said Remnant Portion of
Block 4, the following two (2) courses and distances:
2of3
McConico (Drainage Easement)
0.123 Acre Tract
City of Round Rock
Williamson County, Texas
1. S 06°04'12" W for a distance of 120.95 feet to a point for an angle point in the east
boundary line hereof,
2. S 01°29'12" E for a distance of 235.20 feet to the POINT OF BEGINNING and
containing 0.123 acres of land more or less.
Bearings are Grid Bearings based on City of Round Rock, Texas Control Points and GPS survey
performed November 2002.
Based on an on -the -ground survey made under my direct supervision and shown on accompanying
survey drawing.
R. David Strutton
Registered Professional Land Surveyor No. 4312
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Job #0601-2-085-24
W:\PROJECTS\CORR\DOWNTOWN STREETS\METES AND BOUNDS\DRAINAGE EASEMENT-1.doc
J� s; /a'�1803ated
`e
R. DAVID STRUTfON `>
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,e
f s
v 4312 re,
.1**— ESS1o, �c
SKETCH TO ACCOMPANY DESCRIPTION
LOT 10,
HERITAGE CENTER
CAB. F, SL. 294-295
SCALE I" = 60'
WiLEY J-1ARRIS SURVEY,
ABSTRACT NO. ' 9
0
DRAINAGE EASEMENT
0.123 ACRES
5,372 SQ. FT.
0
41
400
Vey
REMNANT PORTION OF BLOCK. 4,
STARKFIELD ADDITION CABINET A, SLIDE . 203
SAVE AND EXCEPT A CALLED 0.103 ACRE TRACT
DESCRIBED IN DOCUMENT NO. 9724998
0.P.R.W.C., TX
157
1.2
Ciu
N
1 �LOT 1,
i P.K.DAD
CAB. SL.
*AL re.41LVA
P.KD
CAB.
T.H.
,fS 88°18'45' W 348.44'
0C.
1
URBANWASDOC. NO.
94
NUMBER
BEARINGLI
S 88°18'45" W
15.00'
L2
S 76°18'I5" E
(S 73°32' E)
15.13'
L3
S 87051'49" W
(S 89°20' W)
99.99'
[100.00')
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD WITH CAP SET
A CALCULATED POINT
( ) RECORD BEARING a DISTANCE
PER CAB. A, SL. 203
( J RECORD BEARING 6 DISTANCE
PER CAB. N, SL. 352
1
KEMN,�INT PORTION OF BLOCK 4,
f IELD ADDITION CABINET A, SLIDE
EXCEPT A CALLED 0.103 ACRE
,1; 1 IN DOCUMENT NO. 972499
O.P.R.W.C.,
01„
�l�f C 5.00'
01 1' - (-41
_
kif
--;._. S 88°18'45" W132.221_°7---it"-------?-.:1--:-417___
�S 88°18'45" W 495.66' z
°5' W)!: O BEGINNING
POINT(N88OF5P FOR
PECAN STREET
OVAL
SING
D.C.
02096
Bearings are Grid Bearings based on
City of Round Rock, Texas Control
Points and GPS survey performed
November 2002.
3
it
•1
BEGINNING f : o REFERENC
KINARD
LE P
ATTORNE
2238,
CIRCLE
AVENUE
(WIDTH VARIES)
PHILIPS
N0.\
201: 1.49,65\
DATE: JULY 8, 2003
JOB NO.: 0601-2-085-24
BY T„R
PAGE 3 OF 3
W:\PROJECTS\CORR\DOWNTOWN STREETS\DWG\EASEMENTS\DRAINAGE EASEMENT-l.dwq !PAGE 31 September 18, 2003
BAKER-AICKLEN
& ASSOCIATES, INC.
ENGINEERS/SURVEYORS
11:51am