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R-2017-4340 - 4/13/2017 RESOLUTION NO. R-2017-4340 WHEREAS, the City desires to purchase right of way necessary for the RM 620 Widening Project, and said tracts ("Property") are described as follows: All of that certain 0.132-acre parcel of land (Parcel 13) and all of that certain 0.062-acre tract of land (Parcel 13R), and WHEREAS, Jesse Madonna and Castanya Champion, the owners of the Property, have 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 Jesse Madonna and Castanya Champion, 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 13th day of April, 2017. 0r r ( 4 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: &V1 - . AffiE SARA L. WHITE, City Clerk 011-^❑M,00775491 EXHIBIT „/t„ REAL ESTATE CONTRACT RM 620 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between JESSE MADONNA and CASTANYA CHAMPION, (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 i By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for,the tract(s) of land described as follows: All of that certain 0.132 acre (5,729 square foot) parcel of land situated in the J.M. Harrell Survey,Abstract No. 284, in Williamson County, Texas, being a portion of ' Lot 19 of the Little Oak Addition Subdivision recorded in Cabinet A, Slides 350- 352 of the Plat Records of Williamson County Texas and conveyed to Juanita A. Madonna by instrument recorded in Document No. 199931537 of the Official Public Records of Williamson County, Texas; said 0.132 acre parcel of land being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 13 ; and All of that certain 0.062 acre (2,686 square foot) tract of land situated in the J.M. Harrell Survey,Abstract No, 284, in Williamson County, Texas, being a portion of that called Lot 19 of the Little Oak Addition Subdivision recorded in Cabinet A, Slide 350-352 of the Plat Records of Williamson County Texas and conveyed to Juanita A. Madonna by instrument recorded in Document No. 199931537 of the Official Public Records of Williamson County, Texas; said 0.062 acre tract of land being more fully described by metes and bounds in Exhibit "B", attached hereto and incorporated herein(Pflreel 13R); i I together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), and any improvements and fixtures situated on and attached to the Property described herein not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. 60371446.Doc ARTICLE II PURCHASE PRICE Purchase Price I 2.01. The Purchase Price for the portion of the Property and the acquisition of any improvements on the portion of the Property described in Exhibit "A", shall be the sum of TWO HUNDRED TWO THOUSAND and 00/100 Dollars ($202,000.00). 2,02. The Purchase Price for the remaining portion of the Property and the acquisition of C any improvements on the remaining portion of the Property of Seller which is described in Exhibit "B", shall be the sum of FIVE HUNDRED and 00/100 Dollars($500.00). 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). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers,other than previously disclosed to Purchaser; 2 i I I (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 4.02. The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date i 5.01. The Closing shall be held at the office of Capital Title Company on or before March 3151, 2017, 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 or in the contract(which date is herein referred to as the"Closing Date"). { I Seller's Obligations at Closing 5.02.At the Closing Seller shall: (1) Deliver to the State of Texas a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A", and deliver to the City of Round Rock a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the remaining property of Seller described in Exhibit `B", both free and clear of any and all liens 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. The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached i hereto. The Deed to the City of Round Rock shall be in the form as shown in Exhibit"D"attached hereto. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued f by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring each Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: 3 i (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (c) The exception as to the lien For taxes shall be limited to the year of closing and shall be endorsed"Not Yet Due and Payable". (3) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing { 5.03.At the Closing,Purchaser shall: l (a) Pay the cash portion of the Purchase Price. i Prorations i i 5.04. General real estate taxes for the then current year relating to the Property acquired in fee simple 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.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: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. 4 i ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the J conditions to Purchaser's obligations set forth in Article 111 having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 8.03. 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. 5 i I Ii f Legal Construction r 8.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8.06. Time is of the essence in this Contract, Gender 8.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 8.08. Upon request of either patty, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. 6 i Counterparts 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. i [signature pages follow] N j 7 SELLER: Address: 101 S Bumby Ave, H13 adonna Orlando FL 32803 Date: 3/9/17 8 IIRR-27-2017 09:30 From: To:5129692975 Page:212 SELLER• /1 &IJA ;W610 l _44.t�Nu P(Grr Address: . Cnsuueye Ch npion Date! w I 9 PURCHASER: CITY OF ROUND ROCK,TEXAS l By: Address: 221 East Main St. Alan McGraw,Mayor Round Rock,Texas 78664 i 1 Date: f f 10 Reissued 12/04/15 Page 1 of 4 EXHIBIT County: Williamson Highway, R. M.620 Limits: Deepwood Dr, to 11-135 CSJ: 0683-01-092 I f PROPERTY DESCRIPTION FOR I PARCEL 13 i DESCRIPTION OF A 0.132 ACRE (5,729 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 19 OF THE LITTLE OAK ADDITION SUBDIVISION RECORDED IN CABINET A, SLIDES 350-352 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO JUANITA A. I MADONNA BY INSTRUMENT RECORDED IN DOCUMENT NO. 199931537 OF THE OFFICIAL PUBLIC RECORDS OF WILLIMSON COUNTY, TEXAS, SAID 0.132 ACRE (5,729 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: s BEGINNING FOR REFERENCE, at a '/Y"Iron rod found, being in the existing easterly right-of-way(ROW) line of Briarwood Sl. (50' ROW width), being the northwesterly corner of Lal 21 of said subdivision, same being the most southwesterly corner of said Lot 19, 132.98 feet right of proposed Ranch to Market(R.M.) 620 baseline station 486+32,03; THENCE with the westerly boundary line of said Lot 19, same being said existing easterly ROW line, N 07030'27" W a distance of 23.89 feel to a %" Iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 109.37 feet right of proposed R.M. 620 baseline station 486+28.12, being in the proposed southerly ROW line of said R.M. 620 (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE, departing said proposed southerly ROW line of R.M. 620, continuing with said existing easterly ROW line of Briarwood St., same being the westerly boundary line of said Lot 19, N 07°30127" W for a distance of 67,06 feet to calculated point of intersection of the existing southerly ROW line of R.M. 620 (ROW width varies), and said easterly ROW line of Briarwood St., same being the northwesterly corner of said Lot 19, for the northwesterly corner of the herein described parcel; THENCE, departing said easterly ROW line of Briarwood St., with said existing southerly ROW line of R.M.620, same being the northerly boundary line of said Lot 19 the following two(2)courses: 2) N 88929103" E for a distance of 59.00 feet to a broken TxDOT Type I concrete monument found, being a point of curvature to the right; 3) Along said curve to the right, having a delta angle of 0201014011, a radius of 1,095.92 feet; an arc length of 41.66 feet, and a chord which bears N B9053'04" E for a distance of 41.66 feet to a calculated point, being the northwesterly corner of Lot 20 of said subdivision conveyed to Kristine Warren by Instrument recorded In Document No. 2004064710 and James A. Warren by Instrument recorded in Document No. 2008082332 of the Official Public Records of Williamson County, Texas, same being the northeasterly corner of said Lot 19, for the northeasterly corner of the herein described parcel; i Parcel 13 Reissued 12/04/15 Page 2 of 4 4) THENCE, departing said existing southerly ROW line of R.M. 620, with the common boundary line of said Lot 20 and said Lot 19, S 07°25'33" E at a distance of 0.26 feet passing a '/2"iron rod found and continuing for a total distance of 63.53 feel to a%"iron rod with TxDOT aluminum cap set, 99.88 feet right of proposed R.M. 620 baseline station 487+31.77, being a point in said proposed southerly ROW line of R.M. 620, for the southeasterly corner of the herein described parcel; THENCE, departing said Lot 2, through the interior of said Lot 19, with said southerly proposed ROW line of R.M.620, the following two(2)courses: V 5) Along a curve to the left, having a delta angle of 04041'03", a radius of 985.00 feet, an are length of 60.53 feet, and a chord which bears N 81039151" W for a distance of 80.61 feet to a 'h" iron rod with TxDOT aluminum cep set (to be replaced with TxDOT Type II monument), 92.00 feet right of proposed R.M. 620 baseline station 486+48.80 for a point of non-tangency of the herein i described tract; 6) S 50°35'21"W for a distance of 26.44 feet to the POINT OF BEGINNING,containing 0.132 acres f (5,729 square feet)of land, more or less. i N r This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas. SCS rz/ Aale c /O /"//Tim M. Stephen Tru sdale Date Registered Professional Land Surveyor No.4933 Licensed State Land Surveyor Inland Geodetics, LLC OF Firm Registration No: 100591-00 � o s'F0'• f 1504 Chisholm Trail Road, Suite 103 Arll� Round Rock, TX 78681 ......... ^�•^• M.STEPHEN TRUESIL/dE I wt....... ... ti4 4933 �f4 SUS EXHIBIT "A " PLAT TO ACCOMPANY PARCEL DESCRIPTION Reissued 12/04/15 PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING CI 02' 10'40" 1095.92' 41.66' 41.66' NB9'53'04'E (CI) (41. 7' ) C2 04'41'03" 985.00• 80. 53' 1 80.51 ' N81°39'51 "W NUMBER DIRECTION DISTANCE N LI S50'3521 -W 26. 44' EXISTING R.O.W. _ ._._ ..r...- 0 25 50 m IV R. M. ] IR.IO.W. WIIDTH VARIES) N88'34.03'E u 486.00 310,90 I 1r, 01 1 ROPOSED R.M. 620 BASELINE 485.00 1 i, nJ Ci.1 1 487.p (N70 42'E 59' ) -'--..... N88'29 03'E - EX1$T ING R G W $9.00 0� CI SEE DETAIL A' 1 4 LOT I9 JO 113 111 oN KRISTINE WARRE 2 z 'I I a1y DOC No 200406 pp10 II L. I I IV� ro c .. _ I 32 C I"n3w JAMES-A.-WARR N ro I 5, 729 50 FT. L, D_OC No. 200-6-8 332 I { PROPOSED R.O.w. I - I I v'm 0.P.R.W. r� I ` 1D _ f -...-_o PROP LOT 20 C II I� I LOT 1 e '1i - I cz 0.w. m��' ' IN _ P:o: a - 0 STA. 406.48.�0 { i 92.00• RT '- II PARSTA C8e-28�12 1 E`P00.' 77 A,,_. - - STA. 487.31.7711 109.7P RT - -- 'l �f� �)� W .. .. I 99.88' RT r.. �.I'. LOT 17 0' Pi O. R. LITTLE OAK ADDITION 10 Q PARCEL3213 JUANITA A. MADONNA CAB, A, SLDS. 350-352 m Iv x 132.98' RT DOC. No. 199931537 P.R.W.C.T. _ -1 0.P•R.W.C.T. ` z LOT 21 I LOT 22 r I O �pf v LITTLE OAK ADDITION �° a0 P CAB. A, SLDS. 350-352 KYLE RAY RANNE o ''-_p P.R.W.C.T. I DOC. No. 9909052 : I O.P.R.W.C.T. I I Ln I I I I I PROPOSED R,M. 620 BASELINE PI STATION . 490.55,90 q(CI M. 620 �EXI ST ING R'OST ING 'W' DELTA • Z2' 57. 22' IRT! DEGREE OF CURVE • 02' 02. 47• EXISTING TANGENT • 568.55 ) R.O. .LENGTH • 1121.85 GLENWOOORADIUS • 2000.00 19 S07'25'33"E I,, R'D.T1.1 PC STATION • 484.87.35 0.26' [PER PLA P.C. PT STATION P. 1. • 496.09.20 P.TDETAIL "A" EXISTING R.O.71. . X•3128065.2590 X•3128633.6735 X•3129162.5381 Y-10160813.5144 Y•10160B27.7270 7.10160619.1740 .1111 INLAND u PARCEL PLAT SHOWING PROPERTY OF �.. GEODETICS J JUAN I TA A. MADONNA ,Texas Oeparlmsnf O77Yensporte27on PROFESSIONAL LAND SURVEYORS 1509 CHISHROUND ROCK.TX 00.5TE.103 PARCEL 13 ROUND ROCK.TRAILRD.S1 SCALE CSJ a PROJECT COUNTY 19 PH.(512)231-1200,FAX(512123E-1251 1" - 50 0683-01-092 RM 620 WILLIAMSON i EXHIBIT " PLAT TO ACCOMPANY PARCEL DESCRIPTION Reissued 12/04/15 PACE 4 OF 4 LEGEND ■ TXDOT TYPE I CONCRETE MONUMENT FOUND 4 PROPERTY LINE @ 1/2' IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION TO BE REPLACED BY TYPE 11 MONUMENT LINE BREAK I] TXDOT TYPE 11 CONCRETE MONUMENT FOUND IV LAND HOOK P.O.B. POINT OF BEGINNING • 1/2" IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE O 1/2" IRON ROD FOUND W/PLASTIC CAP N.T.S. NOT TO SCALE O COTTON GIN SPINDLE FOUND D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS X X CUT FOUND O.R.W.C.T. OFFICIAL RECORDS A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS A CALCULATED POINT O,P.R.W.C. T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O y2' IRON ROD W/ ALUMINUM CAP P.R.W.C. T, PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) E CENTER LINE 1) All bearings shown hereon are based on 9 grid neaCoor All distances are surface distances. coordinates are surface Values based on o the Texas State Plane Coordinate System, NAD 83, Central Zone using o combined surface adjustment factor of 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1023, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 17, 2014• ISSUE DATE JANUARY 29, 2014, 1. RESTRICTIVE COVENANTS- CABINET A. SLIDE 250 (ACTUAL SLIDES 350-352)• PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. IOE. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 490, PAGE 560, OF THE DEED RECORDS OF WILLIAMSON COUNTY. TEXAS, AFFECTS AS SHOWN. F. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 234, PAGE 134. OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. G. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER It LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 299, PAGE 385, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. *� (� •OF Inc I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A „,,,,,,,,,,,,,,.,,„,„„„„ SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND M.STEPHEN TRUESDALE SUPERVISION. ',/ %; — "14933- LJl r y CGS' riQ 7iy OFE66�0��,,•y� /> �✓LC�-� M. STErHE4 TR ESDALE DATE, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES I SQUARE FEE LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC ACQUISITION 0. 132 5,729 FIRM REGISTRATION NO. 100591-00 LALC/DEED AREA 0, 193 Br 416 1504 CHISHOLM TRAIL ROAD. SUITE 103 ROUND ROCK, T% 78681 REMAINDER AREA 0.061 2,687 PARCEL PLAT SHOWING PROPERTY OF � • i I N L A N D U ,Tbxoe Department of Tanepartetfon GEODETICSA JUANITA A. MADONNA PROFESVONALl ND SURVEYORS 1504 CHISROCK,TX. 103 COUNTY PARCEL 13 ROUND ROCK,TRAIL RO.D.Si SCALE CSJ -, PROJECT �If— PH.15121238-I2DO,FA%(5I2)238-12SI pr I ” - 50 0683-OI-092 RM 620 WILLIAMSON EXHIBIT Page 1 0l 4 County: Williamson Parcel: Madonna Highway: R. M. 620 PROPERTY DESCRIPTION FOR JUANITA MADONNA DESCRIPTION OF A 0.062 ACRE (2,686 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED LOT 19 OF THE LITTLE OAK ADDITION SUBDIVISION RECORDED IN CABINET A, SLIDE 350-352 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO JUANITA A. MADONNA BY INSTRUMENT RECORDED IN DOCUMENT NO. 199931537 OF THE OFFICIAL PUBLIC RECORDS OF WILLIMSON COUNTY, TEXAS, SAID 0.062 ACRE (2,686 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %" iron rod found 132.96 feet right of proposed Ranch to Market (R.M.) 620 baseline station 486+32.03. In the existing easterly right-of-way "ROW" line of Briarwood St. (50' ROW width), being the northwesterly corner of Lot 21 of said subdivision, same being the most southwesterly corner of said Lot 19, for the southwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, with said existing easterly ROW line, same being the westerly boundary line of said Lot l 19, N 07°30'27" W for a distance of 23.89 feet to ''/i' iron rod with TxDOT aluminum cap set(to be replaced with TxDOT Type II monument), 109.37 feet right of proposed R.M. 620 baseline station 466+28.12, being the proposed southerly ROW line of said R.M.620, for the northwesterly corner of the herein described tract; THENCE, departing the easterly ROW line of said Briarwood St., with the proposed southerly ROW line of said R.M.620, through the Interior of said Lot 19 the following two(2)courses: 2) N 50035'21" E for a distance of 26,44 feel to a %" Iron rad with TxDOT aluminum cap set(to be replaced with TxDOT Type II monument), 92.00 feet right of proposed R.M. 620 baseline station 486+48.80, for a point of curvature to the right; 3) Along said curve to the right, having a della angle of 04041'03", a radius of 985.00 feet, an are length of 80.53 feel, and a chord which bears S 81°39'51" E for a distance of 80.51 feet to a I/Z' Iron rod with TxDOT aluminum cap set, 99.88 feet right of proposed R.M. 620 baseline station 487+31.77, being the westerly boundary line of Lot 20 of said subdivision, same being the easterly boundary line of said Lot 19, for the northeasterly corner of the herein described tract; 4) THENCE, departing the proposed southerly ROW line of said R.M. 620, with the common boundary line of said Lot 20 and said Lot 19, S 07025133" E for a distance of 13.24 feet to a calculated point, being in the northerly boundary line of Lot 22 of said subdivision, being the southwesterly corner of said Lot 20, same being the southeasterly corner of said Lot 19, for the southeasterly corner of the herein described tract; i Parcel: Madonna Page 2 of 4 5) THENCE, with in part the northerly boundary line of said Lot 22 and in part the northerly boundary line of said Lot 21, same being the southerly boundary line of said Lot 19, S 80°58'27" W for a distance of 99.91 feet to the POINT OF BEGINNING,containing 0.062 acre(2,686 square feet)of land, more or less. I i i This property description is accompanied by a separate parcel plat. I i All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS§ I § KNOW ALL MEN BY THESE PRESENTS: i COUNTY OFWILLIAMSON § i That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas. /� I M. StepherrTrue6dale Date Registered Professional Land Surveyor No.4933 Licensed State Land Surveyor Intend Geodelics, LLC r'S'G O.F•TF Firm Registration No: 100591-00 �F �0 6Teq�:F9 1504 Chisholm Trail Road, Suite 103 re a Round Rock,TX 78681 `I M.STEPHENTROESDALE V ?gok4933o�Z�,Q. EXHIBIT PLAT TO ACCOMPANY PARCEL DESCRIPTION 09/27/16 PAGE 3 OF 4 INUMBERI DELTA I RADIUS I LENGTH CHORD I CHORD BEARING ILII (41. 7' ) C2 04'41'03" 905.00' 80.53' 80.51 ' 1 581. 39'51 "E INUMBERI DIRECTION DISTANCE Al LI N50'35'21 "E 26. 44' —� EXISTING R.O.W. 0 25 50 1 � R. M. 620 1" = 50' Ll (R.O.W. WIDTH VARIES) I N88-34.03E 486.00 310.90 +_PROPOSED R.M. G20 BASELINE�— 407.00 � _ _.ezI5T1NCR.°.w. :: (1�; , �(N78'42'E 59' 1ee'O� (C I) SEE DETAIL 'A' •., 1�o I I 1 a 'J STA 406 4B 80 d 9�{ 00 RT LOT 19 a+ 11 II' N C! w N m ,I II ..I W � 'PgOP00E0 '1.0.0' I1 f '-' STA. 457.31,177w-) 4 li r l 99.88' RT I1h LOT 18 i f .VX--O oP C2I mIN LOT 20 .I f Po ED o 2,6136 0650.7 FT STA. 406,28. 12 1� .(�qT•:E 100")' i 109.37• RT " ^'Z50r2T"'W 99 507.25.33E 1 , I w q . .-5001-- I 13. 24' . - LOT 17 mV II LITTLE OAK ADDITION X00. sA0.4B.32 o3 JUANITIA A. MADONNA CAB. A. SILOS. 350-352 m ro x 132.9B' RT DOC. No. 199931537 P.R.W.C.T• % ;0 'a y 0,P.R.W.C. T. -D ` z I LOT 21 LOT 22 I° .r)I 11 I z S'� a rh II _.00 s LITTLE OAK ADDITION D I I ,•.,,. I'i` ' CAB. A. SLDS. 350-352 Ln P.R.W.C.T. I I I PROPOSED R.M. 620 BASELINE R. M. 62D PI STATION • 490'55.90 E%1 S711JG R•0•W' DELTA • 22' 57' 22' (RT) DEGREE OF CURVE • 02. 02' 47' EXISTING TANGENT . 568.55 (CI ) R.O.W. GLENWOOD ST. LENGTH . 1121.85 LOT 19 507'25'33"E Iso• gA01US • 2800.OD O.26' /PER PLATT PC STATION • 484.87.35 PT STATION . 496.09.20 EXISTING R'O'W' P.C. P. 1. P,T. DETAIL "A" X•3128065,2590 X•3128633.6335 X•3129162.53B1 Y•10160513.5144 7.10160827.7278 Y•10160619. 1340 INLAND u PARCEL PLAT SHOWING PROPERTY OF GEODETICS J JUAN I TA A. MADONNA 0. 062 AC. PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.STE.103 SCALE PROJECT COUNTY 2, 666 SOF FT. ROUND ROCK.TX.78681 li PH.(SI21238-1200,FAX(512)233-1251 1" = 50' RM 620 WILLIAMSON s,vTULFFVM smwuX¢sw2RLa u-um7uuumlu-rtu-m2n6,DJ. EXHIBIT "J- " PLAT TO ACCOMPANY PARCEL DESCRIPTION 09/27/16 PACE 4 OF 4 LEGEND ■ TXDOT TYPE I CONCRETE MONUMENT FOUND 4 PROPERTY LINE C] /2" IRON ROO SET W/ TXOOT ALUMINUM CAP ( > RECORD INFORMATION TO BE REPLACED BY TYPE II MONUMENT LINE BREAK M TXDOT TYPE 11 CONCRETE MONUMENT FOUND N LAND HOOK P.O.B. POINT OF BEGINNING • I/i" IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE O %2` IRON ROD FOUND W/PLASTIC CAP N.T.S. NOT TO SCALE 0 COTTON GIN SPINDLE FOUND D.R.W.C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS X X CUT FOUND O.R.W.C.T. OFFICIAL RECORDS A 60/0 NAIL FOUND WILLIAMSON COUNTY, TEXAS 6 CALCULATED POINT O.P.R. W.C. T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS i 0 1/2" IRON ROD W/ ALUMINUM CAP P.R.W.C.T. PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) E CENTER LINE 1 c 1> All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates } are surface values based on the Texas State Plane Coordinate System, HAD 83, Central Zone using a combined surface adjustment factor of 1.00011, THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE OF NO. JANUARY 29, 2014. 9691-14-1023, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 17, 2014, ISSUE DATE I. RESTRICTIVE COVENANTSI CABINET A, SLIDE 250 (ACTUAL SLIDES 350-352), PLAT RECORDS OF WILLIAMSON COUNTY, - TEXAS, SUBJECT T0, I IOE. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 498, PAGE 560, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. F. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 234, PAGE 134, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. G. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 299, PAGE 385, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. I 4 Y I I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND OF., F SUPERVISION. / / A,'q' 5_7Fq••"�' M.STEPHEN TRUESDALE M.45TEEANTRDATEI •..�..q. Op yREGISTERED PROFESSIONAL SURVEYOR N0. 4933 , ~F4«9o,3s••3% LCENSEDSTATELAND SURVEYOR INLAND GEODETICS, LLC SJFl« Q«. FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 PARCEL PLAT SHOWING PROPERTY OF I N LA N Du GEODETICS J JUAN I TA A. MADONNA 0. 062 AC. PROFESSIONAL LAND SURVEYORS 1504 CHISROCA X9COUNTY 2, 686 SO. FT, ROUND ROCK,TRAILRTE.103 iq 0.D.S1 SCALE PROJECT eH.(512)23e-12no,FAX 012)238.12SI I" = 50 RM 620 IWILLIAMSON "C" EXHIBIT Notice of Confidentiality Rights: If you are a natural person,you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. Form ROW-N.14 (Rev.07113) Page 1 of 4 DEE,D RM 620 Right of Way c TxDOT ROW CSJ: 0683-01-092 TxDOT Parcel No.: 13 Grantor(s),whether one or more: Jesse Madonna and Castanya Champion Grantor's Mailing Address(including county): Jesse Madonna Castanya Champion 6 1950 Kettle Creek Dr. 260 Clary Count St.Cloud,FL 34769 Buda,TX 78610 `l Grantee: j 1 The State ofTexas,acting by and through the Texas Transportation Commission Grantee's Authority: ( The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights(including requesting that counties and municipalities acquire highway right of way)deemed necessary or convenient to a state highway or turnpike project to be constructed,reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. I The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203 to acquire or request to be acquired such other property tights deemed necessary or convenient for the purposes of operating a state highway or turnpike project,with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non-controlled facilities and designated controlled access highways and turnpike projects. Grantee's Mailing Address(including county): Texas Department of Transportation Attn: Right of Way Administrator 7901 N.IH 35 Austin,Texas 78761 Travis County I j * N14* FOMROW-N-13 (Rev.07119) Page 2 of A Consideration: � f The sum of Ten and no/100 Dollars ($10.00)and other good and valuable consideration to Grantor in hand paid by the City of Round Rock,receipt of which is hereby acknowledged,and for which no lien is retained, either expressed or implied. Property: All of that certain tract or parcel of land in Williamson County,Texas, being more particularly described in the attached Exhibit A(the"Property"). Reservations from find Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1. Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property,but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns,to take and use all other minerals and materials thereon,therein and thereunder. Grantor is retaining title to the following improvements ("Retained Improvements") located on the Property,to wit: NONE. GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty,grants, sells and conveys to Grantee the Property,together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs,successors and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. This Deed is being delivered in lieu of condemnation. EXECUTED on the date(s)of acknowledgement indicated below. 1 0 i Form ROW-N-13 (Rev.X7/13) Pape 3 of 4 GRANTOR: Jesse Madonna E Acknowledgement State of County of This instrument was acknowledged before me on 2017 by Jesse Madonna, in the capacity and for the purposes and consideration recited herein. Notary Public—State of F I Farm ROW-N-19 (Rev.07/19) Page 4 o14 GRANTOR: Castanya Champion I I i i Acknowledgement State of County of j r I This instrument was acknowledged before me on 2017 by j Castanya Champion, in the capacity and for the purposes and consideration recited herein. I r Notary Public—State of i i i i i 'r EXHIBIT ttDtt DEED I THE STATE OF TEXAS § ` § f COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. I t NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That JESSE MADONNA and CASTANYA CHAMPION, hereinafter referred to as j Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land f lying and being situated in the County of Williamson, State of Texas, along with any E improvements thereon (the "Property"), being more particularly described as follows: All of that certain 0.062 acre (2,686 square foot) tract of land situated in the J.M, Harrell Survey, Abstract No. 284, in Williamson County, Texas, being a portion of that called Lot 19 of the Little Oak Addition Subdivision recorded in Cabinet A, Slide 350-352 of the Plat Records of Williamson County Texas and conveyed to Juanita A. Madonna by instrument recorded in Document No. 199931537 of the Official Public Records of Williamson County, Texas; said 0.062 acre tract of land being more fully described by metes and bounds in Exhibit"A", attached hereto and incorporated herein (Parcel 13R) SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the Property conveyed herein, to wit: None. I RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: II Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. 00371444.Doadc I f TO HAVE AND TO HOLD the property herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns against every person I whomsoever lawfully claiming or to claim the same or any part thereof. c IN WITNESS WHEREOF, this instrument is executed on this the _ day of 2017. I GRANTOR: I Jesse Madonna III{ f I ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on this the _ day of 2017 by Jesse Madonna, in the capacity and for the purposes and consideration recited therein. Notary Public, State of i 2.