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Contract - Jesse Madonna & Castanya Champion - 4/13/2017
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 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(Parcel 13R); 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. 00371446.DOC Tz.;-2-A ! , v !`'' ARTICLE II PURCHASE PRICE Purchase Price 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 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 Obli ations 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 OFSELLER 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 (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 5.01. The Closing shall be held at the office of Capital Title Company on or before March 31St, 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"). 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 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 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 (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: (a) Pay the cash portion of the Purchase Price. Prorations 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 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 conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated 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 Legal Construction 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 party, 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 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. [signature pages follow] 7 SELLER: Address: 101 S Bumby Ave, H13 adonna Orlando. FL 32803 Date: 3/9/17 8 MAR-27-2017 09:30 From: To:5124692975 Pa9e:2f2 1 r � (6yr Address: Castasrya C� npion Date: 9 PURCHASER: CITY OF ROUND ROCK, TEXAS By: (?m Address: 221 East Main St. Alan McGraw, Mayor Round Rock, Texas 78664 Date: •(" 10 Reissued 12/04/15 L Page 1 of 4 EXHIBIT ` County: Williamson Highway: R. M. 620 Limits: Deepwood Dr. to IH 35 CSJ: 0683-01-092 PROPERTY DESCRIPTION FOR PARCEL 13 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. 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: BEGINNING FOR REFERENCE, at a Yz' iron rod found, being 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, 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 07°30'27" W a distance of 23.89 feet to a Y2" 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°30'27" W for a distance of 67.05 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 88029'03" 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 02010'40", a radius of 1,095.92 feet, an arc length of 41.66 feet, and a chord which bears N 89053'04" 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; Reissued 12/04/15 Parcel 13 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 feet 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: 5) Along a curve to the left, having a delta angle of 04041'03", a radius of 985.00 feet, an arc length of 80.53 feet, and a chord which bears N 81°39'51" W for a distance of 80.51 feet to a '/2' iron rod 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 non-tangency of the herein described tract; 6) S 50°35'21"W for a distance of 26.44 feet to the POINT OF BEGINNING,containing 0.132 acres (5,729 square feet) of land, more or less. 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. 0�11111ed D RAe 204 M. Stephen Tru sdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor �� Inland Geodetics, LLC ,� Firm Registration No: 100591-00 A,r?k;•��s rFq•.'f 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 M.STEPHEN TRUESDALE 4933 Ess%0.. o SUP► EXHIBIT A. PLAT TO ACCOMPANY PARCEL DESCRIPTION Re I slued 12/04/15 PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C 1 02° 10' 40" 1095. 92' 41. 66' 41.66' N89' 53'04"E (CI ) (41. 7' ) C2 04° 4 1 '03" 985. 00' 80. 53' 80. 5 1 ' N8 1° 39'51 "W NUMBER I DIRECTION IDISTANCE I N LI S50- 35'21 "W 26. 44' I EXISTING R.O.W. m 0 25 50 m T R. M. 620 T DDT Rp,r ,t 50' $ (R.O.W. WIDTH VARIES) CSJ+ 06 .(_16 I v N88.34.03'E a 486+00 310.90' CE,a'iL*iL)NEE r,O) 7—ROPOSED R.M. 620 BASELINE 485.00 VOL, 496, PG. 5 _ 487-GO (N78° 42'E 59' ) VD- 38, Fc. 1z_ _ N88°29'03"E W--- EXISTING R.O.W. 0 __. __.� 59.00' 0� ClSEE DETAIL 'A' _ _ _ r,--.,-- (Cl )_ _ Ln Z 11 LOT 19 1 103 In�, KR I ST I NE WARREN �j albs �,-� ° DOC. No. 20-04064f710 I J�J I�, 0. 132 AC. w °r`' JAMESv A.-WARREN I ( 1�' 29 50.1 FT. u-w w O ' 7 w � DOC.._Noy- -2008082332 II P I 1 ��^� ----.: I wWm — 0 `P. R. W.C. T. ROPOSED R.0,W. =( 'w --j I li° LO - o I I'PROP =16' LOT 20 L I [ LOT 1 8 1 Ii -�z \_ pS I C R.o.lw m w P. C•. B} I o STA. 486-48080 l I — PARCEL 13 ` 92.00 RT STA. 486+28. 12 } E )QO' ) — — ( 7I'•, I STA. 487-31.771 I 109.37' RT �. f W O 99.88' RT I l I LOT 17 P., R. I I o PARCEL 13 JUANITA A. MADONNA L i TTLE OAK ADDITION STA. 4B632.03 ` CAB, A, SLDS. 350-352 P' DOC. No. 199931537 1 P.R.W.C.T. m N 132.98' RT 0.P.R.W. C.T. Z LOT 21 II LOT 22 ° I Z p LITTLE OAK ADDITION P CAB. A, SLDS. 350-352 KYLE RAY RANNE I P.R.W.C.T. I DOC. No. 9909052 O.P. R.W. C. T. I I I PROPOSED R.M. 620 BASELINE W PI STATION = 490.55.90 R. M. 620 EXISTING R 0' DELTA = 22' 57' 22' (RT) DEGREE OF CURVE = 02° 02' 47' C1 EXISTING TANGENT = 56B.55 (C I ) R.0•W. I- WQQ� ST LENGTH = 1121.85 LOT 19 507° 25' 33"E GLL5o' R.D.W.) RADIUS 2800.00 0. 26' IPEFt PLAT) PC STATION = 4B4+87.35 PT STATION = 496*09.20 EX1ST(r1G R.O.W• P . P' I' P,T, DETAIL "A" X=3128065.2590 X=3128633.6335 X=3129162.5381 Y=10160813.5144 Y=10160827.7278 Y=10160619. 1340 id IL PARCEL PLAT SHOWING PROPERTY OF I N LAN Du GEODETICSJUAN I TA A. MADONNA ,Texas Department ofTransportatton PROFESSIONAL LAND SURVEYORS 1504 CHIS TRAIL RD.STE.103 PARCEL 1 3 ROUNDD ROCK,TX.78681 SCALE CSJ # PROJECT COUNTY PH.(512)238-1200,FAX(512)238-121-Y I " = 50' 0683-01-092 RM 620 IWILLIAMSON1 EXHIBIT ,A, PLAT TO ACCOMPANY PARCEL DESCRIPTION Reissued 12/04/15 PAGE 4 OF 4 LEGEND ■ TXDOT TYPE I CONCRETE MONUMENT FOUND R PROPERTY LINE 0 %2° IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION TO BE REPLACED BY TYPE II MONUMENT -{� LINE BREAK p TXDOT TYPE II CONCRETE MONUMENT FOUND P0f . LAND HOOK . . B. POINT OF BEGINNING • 1/2" IRON ROD FOUND UNLESS NOTED P,O. R. POINT OF REFERENCE O 1/2" IRON ROD FOUND W/PLAST I C CAP N. T. S. NOT TO SCALE D.R. W. C. T. DEED RECORDS © COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS X X CUT FOUND 0. R.W. C. T. OFFICIAL RECORDS A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS A CALCULATED POINT 0. P.R. W. C. T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS C) 1/2' IRON ROD W/ ALUMINUM CAP P.R.W.C. T. PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) CENTER LINE I) 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, NAD 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 GF NO. 9691-14-1023, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 17, 2014, ISSUE DATE JANUARY 29, 2014. I. 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 498, 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 & LIGHT COMPANY, BY INSTRUMENT FILED UNDER VOLUME 299, PAGE 385, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. p'F�.. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT �¢r ��s T q'•�.� TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT �o•� THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A «w..••N«.«•�.««•«•..«. SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND M.STMENT1RUESDXE SUPERVISION. ..rggw,,►«ra«.w««...a..« �►�+,� 4933 rt A00 M. STEPHEN TRIIIESDALE DATE, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SQUARE FEET LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC ACQUISITION 0. 132 5,729 FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 0. 193 8,416 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 REMAINDER AREA 0.061 2,687 PARCEL PLAT SHOWING PROPERTY OF - I N LA N Du GEODETICS ' JUAN I TA A. MADONNA ,TexasDepartment of7ransportatlon PROFESSIONAL LAND SURVEYORS 1504CHISHOLMTRAIL RD.STE.103 COUNTY PARCEL 13 ROUND ROCK,TX.78681 SCALE CSJ tt PROJECT PH.(512)238-1200,FAX(512)238-1251 1 " = 50 0683-01-092 RM 620 WILLIAMSON EXHIBIT B Page 1 of 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 '/2" iron rod found 132.98 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 19, N 07030'27" W for a distance of 23.89 feet to '/2" 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 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 50°35'21" E for a distance of 26.44 feet to a '/i' iron rod 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 delta angle of 04°41'03", a radius of 985.00 feet, an arc length of 80.53 feet, and a chord which bears S 81°39'51" E for a distance of 80.51 feet to a '/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 07025'33" 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; 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. 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. M. Stephe True dale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor ='` Inland Geodetics, LLC ©F,TF Firm Registration No: 100591-00 � ��;��`SrF9'•�' 1504 Chisholm Trail Road, Suite 103 �tP Fa�7 Round Rock, TX 78681 t M.STEPHEN TRUESD1kE • M..MI.N.N».»N.»�N 4933 SUF► EXHIBIT " L " PLAT TO ACCOMPANY PARCEL DESCRIPTION 09/27/16 PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING (CI ) (41. 7' ) C2 04°4 1 '03" 985.00' 80. 53' 80. 5 1 ' SSI° 39'51 "E NUMBER DIRECTION IDISTANCE I N LI N50- 35'21 "E 26. 44' N EXISTING R.O.W. m — 0 25 50 m T R. M. 620 a (R.O.W. WIDTH VARIES)Ln r'�; n. N88'34'03'E a 48600 310.90' PROPOSED R.M.d. 6_20 BASELINE—I 485+00 1.0;. 49S, ''G. 564 7�- __ U.R..,I.C. T. 487.00 _ K EXISTING R.O.W. (. (N78'42' E 59' l 0Q (CI ) SEE DETAIL 'A' 1c) - _ u — \ _ - O-r I STA. 486-48.80, O)-4 ° WIO 9i.00- RT ILOT 19 W , cnLnrh PROPOSED R.O.W. STA. 487*31.77 w CiW 99.88' RT ` W r O LOT 18 - I_�- v� -.---I PROPpSEp R �'IU, LOT 20 LJ R."D. 0 0-062 AC. _ T- _ 2,686 SO. FT. STA. 48628. 12 �I 100' )7�°E i 109.37' RT wzS80°58' 27„W 99.91, I S07' 25'33"E o L13. 24' OT 17 m ! � I `�o P.10. 86 JUAN I TA A. MADONNA LITTLE OAK ADDITION STA. 486°32.03 CAB. A, SLDS. 350-352 N m DOC. No. 199931537 1 CI] N x 132.98' RT I P.R.W. C.T. �7 -4 N 0.P. R.W.C. T. u -D z LOT 22 FIa A LOT 21 1I II �fTO 0 0 L I TTLE OAK ADDITION I _C3 CAB. A, SLDS. 350-352 I _ P.R.W.C. T. PROPOSED R.M. 620 BASELINE PI STATION = 490.55.90 R. M. 6 2 0 60 5TING R.O W DELTA = 22' 57' 22' (RT) DEGREE OF CURVE = 02' 02' 47' EXISTING TANGENT = 568.55 (CH R.o.w. GLENWOOD 51° LENGTH = 1121.85 LOT 19 S07° 25'33"E 60' R.O.W.) RADIUS = 2800.00 0. 26' (pER PI-01 PC STATION = 484+87.35 PT STATION = 496.09.20 EXISTING R.0.W• P.C. P. 1. P.T. DETAIL "A" X=3128065.2590 X=3128633.6335 X=3129162.5381 Y=10160813.5144 Y=10160B27.7276 Y=10160619. 1340 IIIL PARCEL PLAT SHOWING PROPERTY OF INLAND u GEODETICS ' JUAN I TA A. MADONNA 0. 062 AC. PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.STE.103 SCALE PROJECT COUNTY 2, 686 $0. FT. ROUND ROCK,TX.78681 PH.(512)238-1200,FAX(512)238-1251 I L1 " = 50' RM 620 �VIILLIAMSONII S+V HALFF\FM 620\PARCELS\PARCEL 13-LVWJ A\WADW4A-RDA-092716,0gi EXHIBIT "13-" PLAT TO ACCOMPANY PARCEL DESCRIPTION 09/27/16 PAGE 4 OF 4 LEGEND ■ TXDOT TYPE I CONCRETE MONUMENT FOUND It PROPERTY LINE O 1/2" IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION TO BE REPLACED BY TYPE II MONUMENT LINE BREAK F-1 TXDOT TYPE II CONCRETE MONUMENT FOUND IV LAND HOOK P.O. B. POINT OF BEGINNING 0 Y2" IRON ROD FOUND UNLESS NOTED P.O. R. POINT OF REFERENCE O Y2" IRON ROD FOUND W/PLAST I C CAP N. T. S. NOT TO SCALE D. R.W. C. T. DEED RECORDS © COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS X X CUT FOUND O.R.W.C. T. OFFICIAL RECORDS A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS 0.P.R.W.C. T. OFFICIAL PUBLIC RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0 I/2" IRON ROD W/ ALUMINUM CAP P.R.W. C. T. PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) CENTER LINE 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, NAD 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 GF NO. 9691-14-1023, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 17, 2014, ISSUE DATE JANUARY 29, 2014. I. 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 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 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 OF SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND ..•••"•••.• SUPERVISION. !\P•005 5 rF9'• M.STEPHEN TflUESDALE �j .NN•M..N•Nf••.N►N.MN/N %.0' 4833 sQ• M. STE HEN TRU SDALE DATE: '9'•oa O`'rjO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 �'O••.E85%.0 •G"l LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC SUM FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 PARCEL PLAT SHOWING PROPERTY OF I N LAN Du GEODETICS 'j JUAN I TA A. MADONNA 0. 062 AC. PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.STE.103 SCALE PROJECT 2, 686 SO. FT. ROUND ROCK,TX.78681 COUNTY PH.(512)238-1200,FAX(512)238-1251 11. = 50' RM 620 W I LL I AMSON EXHIBIT "C" 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.07/13) Page 1 of 4 DEED RM 620 Right of Way 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 1950 Kettle Creek Dr. 260 Clary Court St.Cloud,FL 34769 Buda,TX 78610 Grantee: The State of Texas,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. The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203 to acquire or request to be acquired such other property rights 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 * N14 * Form ROW-N-13 (Rev.07/13) Page 2 of 4 Consideration: 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 and 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. Form ROW-N-13 (Rev.07/13) Page 3 of 4 GRANTOR: Jesse Madonna Acknowled eg ment 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 Form ROW-N-13 (Rev.07/13) Page 4 of 4 GRANTOR: Castanya Champion Acknowledgement State of County of This instrument was acknowledged before me on 2017 by Castanya Champion, in the capacity and for the purposes and consideration recited herein. Notary Public—State of EXHIBIT "D" DEED THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That JESSE MADONNA and CASTANYA CHAMPION, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon (the "Property"), being more particularly described as follows: All of that certain 0.062 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. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. 00371444.DOC/do 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 whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of , 2017. GRANTOR: Jesse Madonna 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 2.