R-07-04-26-12B1 - 4/26/2007 RESOLUTION NO. R-07-04-26-12B1
WHEREAS, the City desires to purchase a 0 . 001 acre tract of land
for additional right-of-way and a 1. 083 acre drainage easement interest
for the Kiphen Road improvement project, and
WHEREAS, Champion Meier Assets, Ltd. , 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 Champion Meier Assets,
Ltd. , 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 26th day of April, 20
W Mayor
Cit of Ro d Rock, Texas
EST..
CHRISTINE R. MARTINEZ, City Se etary
WPFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLDTI/R70426B1.WPD/rmc/0199-1709
' EXHIBIT
KOM ft-pma16
REAL ESTATE CONTRACT
Kiphen Road
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHAMPION-
MEIER ASSETS, LTD., (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("Property"):
Fee simple interest in 0.001 acre tract of land, more or less, situated in the Willis
Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more
fully described by metes and bounds or shown in Exhibit"A",attached hereto and
incorporated herein(Parcel 6);and
Drainage easement interest in 1.083 acre tract of land,more or less, situated in the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being
more fully described by metes and bounds or shown in Exhibit `B", attached
hereto and incorporated herein(Parcel 6E).
This purchase also includes any improvements and fixtures situated on and attached to the
Property which are not removed by Seller, 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 ONE HUNDRED FIFTY
ONE THOUSAND TWO HUNDRED FIFTY and 00/100 Dollars($151,250.00).
Payment of Purchase Price .
103.The Purchase Price shall be payable in cash at the closing.
O:\wd-\CORR\TRANSPRT"HENRD\CHAMPION\CONTRACT g113801.DOC
Kiphm Rd.-pval6
ARTICLE III
PURCHASER'S OBLIGATIONS
Preliminary Title Commitment
3.01. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("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. Purchaser hereby approves and accepts the Title Commitment effective
March 20,2007, and all matters affecting the Property.
Survey
3.02. Purchaser, at Purchaser's expense,has caused to be delivered a current plat of survey
of the Property,prepared by a duly licensed Texas land surveyor. Purchaser hereby approves and
accepts such survey and all matters shown thereon.
Conditions to Purchaser's Obli tions
3.03. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the following condition(which may be waived in whole or in
part by Purchaser at or prior to the closing.) 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 actual current knowledge without inquiry or investigation:
(1) There are no parties in possession of any portion of the Property as lessees,tenants
at sufferance,or trespassers,other than the grazing lease,as previously disclosed;and
(2)Seller has complied with all applicable laws, ordinances,regulations,statutes,rules and
restrictions relating to the Property,or any part thereof
The Property herein is being conveyed to Purchaser under threat of condemnation.
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Kipim Rd.-paml
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before May 15,2007,or at such
time, date, and place as Seller and Purchaser may agree upon, (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 in the
form attached hereto as Exhibit"C", conveying good and marketable title to all of the Property as
shown in Exhibit "A", and a Drainage Easement in the form attached hereto as Exhibit "D",
conveying an easement interest to the property described in Exhibit"B",free and clear of any and
all liens and encumbrances,except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any items set forth in the Title Commitment or the survey.
(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 Purchaser's fee ownership area and drainage easement interest 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 if not previously done, subject to
the permitted exceptions.
3
Mpbm Rd.-pamd 6
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:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) All other closing costs shall be paid by Purchaser.
(3) 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 Thousand Dollars
($5,000.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event
Purchaser breaches this Contract as provided herein. 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, as Purchaser's sole and
exclusive remedy,and this Contract shall terminate.
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 may: (1) enforce specific performance of this Contract; or (2) request that.the Escrow
4
Kiph-FA-p=4 6
Deposit shall be forthwith returned by the title company to Purchaser, and this Contract shall
terminate.
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 Auoly
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.
5
Kiphm Rd.-para)b
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.
Com 1p iance
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. There are no real estate brokers or agents in connection with this
Contract.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the City of Round
Rock,which date is indicated beneath the City's signature below.
[signature page follows]
6
SELLER:
Champion-Meier Assets, Ltd.
By: Champion-Meier Management Trust,its General Partner
By: Address:405 Almarion Dr.
Alma JuaniTa Champion Meier,Trustee Austin,Texas 78746-5612
Date: A / Tti 2&v7
PURCHASER:
CITY OF ROUND ROCK
By:
Its:
221 E.MAIN STREET
ROUND ROCK,TEXAS 78664
Date:
7
DATE: April 19, 2007
SUBJECT: City Council Meeting - April 26, 2007
ITEM: 12.6.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Champion-Meier Assets, Ltd. for the purchase
of right-of-way and drainage easement for the construction of the
Kiphen Road expansion project.
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
The proposed contract is for purchase of a 0.001 acre fee simple tract, and 1.083 acre
drainage easement along the frontage of property owned by Champion-Meier Assets, Ltd. in
connection with the Kiphen Road expansion project.
Funding:
Cost: $151,250
Source of funds:
Outside Resources: Sheets & Crossfield, P.C.
Background Information:
The appraised value of the land was $67,000, and the landowner agreed to accept payment
of $80,000. There is also $71,250 in damages to the remaining property due to the
increased cost to access the remainder because of the large drainage ditch being
constructed across the frontage of the property. This was measured by comparing the
difference between the costs to construct a driveway before the project versus after the
project. These costs were provided by the City's contractor for the project.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
Kiphen Rd.—parcel 6
REAL ESTATE CONTRACT
Kiphen Road
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CHAMPION-
MEIER ASSETS, LTD., (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 ("Property"):
Fee simple interest in 0.001 acre tract of land, more or less, situated in the Willis
Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more
fully described by metes and bounds or shown in Exhibit"A", attached hereto and
incorporated herein(Parcel 6); and
Drainage easement interest in 1.083 acre tract of land, more or less, situated in the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being
more fully described by metes and bounds or shown in Exhibit `B", attached
hereto and incorporated herein(Parcel 6E).
This purchase also includes any improvements and fixtures situated on and attached to the
Property which are not removed by Seller, 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 ONE HUNDRED FIFTY
ONE THOUSAND TWO HUNDRED FIFTY and 00/100 Dollars($151,250.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
O:\wdox\CORR\TRANSPRTUCIPHENRD\CHAMPION\CONTRAC110I113801.DOC
R-o�-o4-��-taef
Kiphen Rd.—parcel 6
ARTICLE III
PURCHASER'S OBLIGATIONS
Preliminary Title Commitment
3.01. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("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. Purchaser hereby approves and accepts the Title Commitment effective
March 20, 2007, and all matters affecting the Property.
Survey
3.02. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor. Purchaser hereby approves and
accepts such survey and all matters shown thereon.
Conditions to Purchaser's Obligations
3.03. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the following condition (which may be waived in whole or in
part by Purchaser at or prior to the closing.) 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 actual current knowledge without inquiry or investigation:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than the grazing lease, as previously disclosed; and
(2) Seller has complied with all applicable laws, ordinances,regulations, statutes, rules and
restrictions relating to the Property, or any part thereof.
The Property herein is being conveyed to Purchaser under threat of condemnation.
2
Kiphen Rd-parcel 6
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before May 15, 2007, or at such
time, date, and place as Seller and Purchaser may agree upon, (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 in the
form attached hereto as Exhibit"C", conveying good and marketable title to all of the Property as
shown in Exhibit "A", and a Drainage Easement in the form attached hereto as Exhibit "D",
conveying an easement interest to the property described in Exhibit`B", free and clear of any and
all liens and encumbrances, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any items set forth in the Title Commitment or the survey.
(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 Purchaser's fee ownership area and drainage easement interest 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 if not previously done, subject to
the permitted exceptions.
3
Mp6en Rd.-parcel 6
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:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) All other closing costs shall be paid by Purchaser.
(3) 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 Thousand Dollars
($5,000.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event
Purchaser breaches this Contract as provided herein. 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, as Purchaser's sole and
exclusive remedy, and this Contract shall terminate.
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 may: (1) enforce specific performance of this Contract; or (2) request that the Escrow
4
Kiphen Rd.—parcel 6
Deposit shall be forthwith returned by the title company to Purchaser, and this Contract shall
terminate.
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.
5
Kiphen Rd-parcel 6
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. There are no real estate brokers or agents in connection with this
Contract.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the City of Round
Rock,which date is indicated beneath the City's signature below.
[signature page follows]
6
Kiphen Rd—parcel 6
SELLER:
Champion-Meier Assets, Ltd.
By: Champion-Meier Management Trust, its General Partner
By: �_ �• •�.� -�'�'_' Address:405 Almarion Dr.
Alma JuankTa Champion Meier, Trustee Austin, Texas 78746-5612
Date: Alrwl al-l"t 2,v7
PURCHASER:
CITY OF ROUND ROCK
By:
Its:
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
7
PARCEL: 6 Page 1 of 3
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.001 ACRE (52 SQUARE FOOT), TRACT
OF LAND SITUATED IN THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173, IN WILLIAMSON COUNTY,TEXAS, BEING
A PORTION OF THE REMAINDER OF THAT CALLED 75.590
ACRE TRACT OF LAND CONVEYED TO CHAMPION-MEIER
ASSETS, LTD. BY INSTRUMENT RECORDED IN DOCUMENT
NO. 2001016161 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.001 ACRE (52
SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a found 1/2" iron rod in the existing southerly right-of--way line of IUphen Road
(right-of-way width varies), 45.69 feet right of proposed Kiphen Road baseline station
110+06.51, being the northeasterly comer of the remaining portion of said 75.590 acre tract,the
northwesterly comer of that called 10.00 acre tract of land conveyed to the City of Round Rock,
Texas, by instrument recorded in Document No. 9614211 of the Official Records of Williamson
County, Texas, and the most easterly comer of that called 0.09 acre.tract of land (Tract 2),
conveyed to Randell Livingston, Trustee, for REG Enterprises, Inc., by instrument recorded in
Document No. 2000046292 of the Official Public Records of Williamson County, Texas, and
being the northeasterly corner of the herein described tract;
1) THENCE,with the common boundary line of the remaining portion of said 75.590
acre tract and said 10.00 acre tract, S 01010'57" E for a distance of 6.84 feet to a
set 1/2"iron rod with a City of Round Rock aluminum cap in the proposed curving
southerly right-of-way line of Kiphen Road, 52.00 feet right of proposed Kiphen
Road baseline station 110+09.05, being the most southerly comer of the herein
described tract;
2) THENCE, departing said common boundary line, through the interior of the
remaining portion of said 75.590 acre tract, with said proposed southerly right-of-
way line of Kiphen Road, along a curve to the right, having a delta angle of
00°53'53", a radius of 1050.00 feet, an arc length of 16.46 feet, and a chord
which bears N 67°55127"W for a distance of 16.46 feet to a set 1/2"iron rod with
a City of Round Rock aluminum cap in the common boundary line of the
remaining portion of said 75.590 acre tract and said 0.09 acre tract, 52.00 feet
right of proposed Kiphen Road baseline station 109+93.40, being the
northwesterly comer of the herein described tract;
PARCEL: 6 Page 2 of 3
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
3) THENCE, departing said proposed southerly right-of-way line of Kiphen Road,
with the common boundary line of the remaining portion of said 75.590 acre tract
and said 0.09 acre tract, N 8r30'33" E for a distance of 15.13 feet to the POINT
OF BEGINNING, containing 0.001 acres(52 square feet)of land, more or less.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
This property description Is accompanied by a separate plat.
That 1, 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. St phen TrUbsdale Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor 4F
Inland Civil Associates, L.L.C. �� ''1 r; •�F+
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681 M.STEPHEN TRUESOALE
512-238-1200 * * 4933 *�
KIPHEN ROAD—PARCEL 6 O sUR �.
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REG ENTERPRISES, INC.
RANDELL LIVINGSTON(TRUSTEE)
(0.09 AC.) P.O.B.
DOC. NO. 2000046292 +oGSI
TRACT 2 N 67,30'33' E N45.69*xOar
IST3 0
O.P.R.W.C.T.
— — -- -- IL. Fn —
STA 109+93.40 W CL
52-00'RT C/ A Lq EX/grMrr,R O
■ M
6 STA 110*09.05
52.00'RT IM P
0.001 AC. ! �OpOSFn R.o W.
52 SO. FT.
I CITY OF
CHAMPION—MEIER ASSETS, LTD. ROUND ROCK, TEXAS
10.00 AC.
(REMAINDER OF 75.590 AC.) DOC. N0. 9614211
DOC. NO. 2001016161 I O.R.W.C.T.
o.P.R.w.c.T WILMS DONAHO I SURVEY
LEGEND
• I/2" IRON ROD FOUND ABSTRACT NO173
I.
O 1/2 " IRON ROD SET W/CITY OF
ROUND ROCK ALUMINUM CAP ro
A CALCULATED POINT
It PROPERTY LINE
) RECORD INFORMATION NO. DELTA JRADIUS TANGENT I LENGTH I CHORD I CHORD BEARING
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE CI 00°53'53' 1050.00' 6.23' 1 16.46' 16.46' I N 67°55'27' W
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS I
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
P.R.W.C_T_ PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
NOTES:
ALL BEARINGS ARE BASED ON BRI)BEARINGS.DISTANCES ARE SURFACE DISTANCES_
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83,CENTRAL ZONE,USING A COMBWEO SURFACE ADJUSTMENT FACTOR OF L00012. F
THISSURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT.THERE MAY BE EASEMENTS '� ++•"'i•
OR OTHER INSTRUMENTS PERTAMS TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. �pI—
I HEREBY CERTIFY THAT THIS SURVEY WAS MAGE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT 13 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. M.STEPHEN TRUEUMLE
�,/, p�, � � ��•R 4433 O♦*�'C
MTEPTROSOAL LAND SURVEYOR NO.4933 &M R
REGFSEDS
LICENSED STATE LAND SURVEYOR
PAGE 3 OF 3
INLAND CIVIL"
ASSOCIATES RIGHT OF WAY SKETCH
PROFESSIONAL LAND SURVEYORS KIPHEN ROAD
1504 CHISHOLM TML RD. SUITE 103 WILLIAMSON COUNTY, TEXAS
ROUND ROCK,TX.79681 PARCEL 6
M.(SID 231-1200,FAX 012)236-1251
PARCEL: 6-E Page 1 of 4
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 1.083 ACRE(47,166 SQUARE FOOT),TRACT OF
LAND SITUATED IN THE WILLIS DONAHO SURVEY,ABSTRACT NO.
173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE
REMAINDER OF THAT CALLED 75.590 ACRE TRACT OF LAND
CONVEYED TO CHAMPION-MEIER ASSETS, LTD. BY INSTRUMENT
RECORDED IN DOCUMENT NO. 2001016161 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.083
ACRE (47,166 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at a found 1/2" iron rod in the westerly boundary line of that called 0.09
we tract of land (Tract 2), conveyed to Randell Livingston, Trustee, for REG Enterprises, Inc., by
Instrument recorded In Document No. 2000046292 of the Official Public Records of Williamson County,
Texas, same being the existing southerly right-of-way line of Kiphen Road (right-of-way width varies),
70.54 feet right of proposed Kiphen Road baseline station 108+67.56, being the northeasterly corner of
that called 0.286 acre tract of land conveyed to Williamson County by instrument recorded in Document
No. 199929648 of the Official Public Records of Williamson county,Texas;
THENCE,with the westerly boundary line of said 0.09 acre tract, same being said existing southerly right-
of-way line of Kiphen Road,S 02911'37" E for a distance of 16.38 feet to a set 1/2"iron rod with a City of
Round Rock aluminum cap at an angle point in the northerly boundary line of the remaining portion of
said 75.590 acre tract, same being an angle point in said existing southerly right-of-way line of Kiphen
Road, 85.00 feet right of proposed Kiphen Road baseline station 108+75.25, being the POINT OF
BEGINNING of the herein described tract;
1) THENCE, with the common boundary line of the remaining portion of said 75.590 acre
tract and said 0.09 acre tract, S 02011137" E for a distance of 26.83 feet to a set 1/2'iron
rod with a City of Round Rock aluminum cap, being an interior ell corner in the northerly
boundary line of the remaining portion of said 75.590 acre tract and the southwesterly
comer of said 0.09 acre tract;
2) THENCE, continuing with the common boundary line of the remaining portion of said
75.590 acre tract and said 0.09.acre tract, N 87°30'33" E for a distance of 123.23 feet to
a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed curving
southerly right-of-way line of Kiphen Road, 52.00 feet right of proposed Kiphen Road
baseline station 109+93.40, from which a found 1/2' iron rod in the existing southerly
right-of-way line of Kiphen Road, being the northeasterly comer of the remaining portion
of said 45.590 acre tract, the southeasterly comer of said 0.09 acre tract, and the
northwesterly corner of that called 10.00 acre had of land conveyed to the City of Round
rock, Texas by instrument recorded in Document No. 9614211 of the Official Records of
Williamson County,Texas, bears N 87°30'33'E a distance of 15.13 feet;
PARCEL: 6-E Page 1 of 4
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
3) THENCE, departing said common boundary line, through the interior of the remaining
portion of said 75.590 acre tract, with the proposed southerly right-of-way line of Kiphen
Road, along a curve to the left, having a delta angle of 00053153", a radius of 1050.00
feet, an are length of 16.46 feet, and a chord which bears S 67"55'27" E for a distance of
16.46 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the common
boundary line of the remaining portion of said 75.590 acre tract and said 10.00 acre tract,
52.00 feet right of proposed Kiphen Road baseline station 110+09.05, being the
northeasterly comer of the herein described tract;
4) THENCE, departing the proposed southerly right-of-way line of Kiphen Road, with the
common boundary line of the remaining portion of said 75.590 acre tract and said 10.00
acre tract, S 01010'57" E for a distance of 75.52 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap, being the southeasterly corner of the herein described tract;
THENCE, departing said common boundary line, through the interior of the remaining portion of said
75.590 acre tract,the following five(5)courses:
5) Along a curve to the right, having a delta angle of 05040'32", a radius of 1120.00 feet, an
arc length of 110.94 feet, and a chord which bears N 67'02'01' W for a distance of
110.90 feet to a set 1/2'iron rod with a City of Round Rock aluminum cap;
6) N 64011144" W for a distance of 122.61 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap at the beginning of a curve to the left;
7) Along said curve to the left, having a delta angle of 27918106", a radius of 880.00 feet, an
arc length of 419.32 feet, and a chord which bears N 77'50'48' W for a distance of
415.37 feet to a set 1/2'iron rod with a City of Round Rock aluminum cap;
8) S 88030'09" W for a distance of 191.62 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap, being the southwesterly corner of the herein described tract;
9) N 46°31'48" W for a distance of 99.05 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap In the northerly boundary line of the remaining portion of said 75.590
acre tract, same being the existing southerly right-of-way line of Kiphen Road, 52.00 feet
right of proposed Kiphen Road baseline station 100+74.50, being the northwesterly
comer of the herein described tract;
THENCE, with the northerly boundary line of the remaining portion of said 75.590 acre tract, same being
said existing southerly right-of-way line of Kiphen Road,the following four(4)courses:
10) N 88°30'09" E for a distance of 261.70 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap at the beginning of a curve to the right, 52.00 feet right of proposed
Kiphen Road baseline station 103+36.20;
11)Along said curve to the right, having a delta angle of 05954'36", a radius of 950.00 feet,
an are length of 97.99 feet, and a chord which bears S 88°32'54" E for a distance of
97.95 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 51.99 feet right
of proposed Kiphen Road baseline station 104+39.56;
i
12)S 79025'32" E for a distance of 48.73 feet to a set 1/2'iron rod with a City of Round Rock
aluminum cap,55.98 feet right of proposed Kiphen Road baseline station 104+90.89;
PARCEL: 6-E Page 1 of 4
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
13) S 67018'32" E for a distance of 361.61 feet to the POINT OF BEGINNING, containing
1.083 acres(47,166 square feet)of land, more or less.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
This property description Is accompanied by a separate plat.
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.Ste en Truesdale i Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor
Inland Civil Associates, L.L.C.
1504 Chisholm Trail Road i �• r ` �
Suite 103 �• 1�``` rt.?',ii '
Round Rock,TX 78681 *
512-238-1200 ,T EAH[h T SJAi.E
KIPHEN ROAD—PARCEL 6-Ey
�: I
N
T+V'. .�L"S O-NAH0 533 VB
W* E ALAN L. STAUB a
.ABSTRACT NO. 173 JULIE A. STAUB
o m , (REMAINDER OF 0.65AC.)
S TRACT II
b 2 o n n
CIS 50 0 100 200 ` DOC. NO. 2001026669
ALAN L_ STAUB & I O.P.R.W.C.T.
a, JULIE A. STAUB
O C i` SCALE 1" = 200' I (REMAINDER OF 3.0 AC_J
n �o
� TRACT I ESTATES AT SETTLERS PAR
a M w o THE PARRISH GANG. LTD. 1f DOC. NO. 2001026669 ru SECTION 3
N o ao (REMAINDER OF 5.0 AC.) O.P.R.W.C.T , CAB. AA, SL. 65
v DOC. NO. 19996849/
A ioLOT/ P-R.W.C_T.
n oo O.P.R.W.C.T. c
BLOCK "L-
STA
A
STA 103+36.20STA 104+39.56 sp'T
51.99'RT 5. 104+90.89 LOT 3
i 52.00'RT 5.98'RT
P.O.R.
EXISTING R.O.W.
a PARCEL 6-E Q�al•�
100+00 " 11 1 1O5f0 STA 106.67.56
' EXISTING KIPHEN ROAD PROPosED KIPHEN"ROAD ASEIINE lI P•0•B• I 70.54'RTLOT4
(P-O.W.WIDTH VARIES) N 88 30 09 E C4 L9 PAR EL 6-E m '� LOT s
i STA 108*75.25 �• LOT5&
EXISTING R.O-W. 261.70 1.083 AC. 85.00'RT \
STA 100.74.50 .96
52.00'RT CB 47,166 S0. FT. s-E �,�e -t-
s Be030109" wC3 36�s/�2 E\` Q ND.a LOT1
191.62' L2 0
L
LEGEND CHAMPION-MEIER ASSETS, LTD. L4 Lg /C EX1Sr1NGR.O
• 1/2' IRON ROD FOUND (REMAINDER OF 75.590 AC.)
O 1/2 " IRON ROD SET W/CITY OF DOC. NO. 2001016161 C2 STA PROPOSED
R•O w•
ROUND ROCK ALUMINUM CAP O.P.R.W.C.T. 52-00'RT
A CALCULATED POINT
It PROPERTY LINE STA 109+93.40
REG ENTERPRISES, INC. 52.00'RT
( ) RECORD INFORMATION RANDELL LIVINGSTON (TRUSTEE) I CITY OF
P.O.B. POINT OF BEGINNING (0.09 AC.) ROUND ROCK, TEXAS
P.O.R. POINT OF REFERENCE r� 10.00 AC.
O-P_R.W.C.T_ OFFICIAL PUBLIC RECORDS DOC. NO. 2000046292 I DOC. NO. 961429
WILLIAMSON COUNTY, TEXAS TRACT 2 O.R.W.C.T.
O.R.W.C.T. OFFICIAL RECORDS O.P.R.W.C.T
WILLIAMSON COUNTY, TEXAS NO. BEARING DISTANCE
P.R.W.C.T. PLAT RECORDS LI S 02811'37" E 16.38'
WILLIAMSON COUNTY, TEXAS L2 S 02011'37" E 26.63'
NO. DELTA RADIUS TANGENT LENGTH CHORD CHORD BEARING L3 N 87°30'33" E 123.23'
Cl 00053'53' 1050.00' 6.23' 16.46' 16.46' S 67°55'27' E L4 N 87°30'33" E 15.13'
C2 05040'32" 1120.00' 55.52' 110.94' 110.90' N 67°02'01" W L5 S 01010'57' E 6,84'
C3 27018'06" 880.00' 213.72' 419.32' 415.37' N 77°50'48" W L6 S 01010'57" E 75.52'
C4 05°54'36" 950.00' 1 49.04' 1 97.99' 1 97.95' S 88°32'54"E-1L7 N 64011'44" W 122.61'
LB N 46631'48" W 99.05'
NOTES: L9 S 79025'32" E 48.73'
ALL BEARINGS ARE BASED ON GRID BEARINGS.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 LOOOIF_
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT.THERE MAY BE EASEMENTS
OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON_ -
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND jvr
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. tt �•^" *""'^ " "^'"`` =: "3
M.STEPHEN TRUE ALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO.4933 ?�'��•t::.a•
LICENSED STATE LAND SURVEYOR
PAGE 4 OF 4
INLAND CIVIL"
ASSOCIATES J EASEMENT SKETCH
PROFESSIONAL LAND SURVEYORS KIPHEN ROAD
1504 CHISHOLM TRAIL RD. SUITE 103 WILLIAMSON COUNTY, TEXAS
ROUND ROCK,TX.78681 PARCEL 6-E
FN,R 121231-1200,FAX(512123&-us1
Kiphen Rd.—parcel 6 ZEXHIBIT
I Co :1
SPECIAL WARRANTY DEED
Kiphen Road Project
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 FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Kiphen Road improvement project ("Project");
and,
WHEREAS, the purchase of the hereinafter-described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, CHAMPION-MEIER ASSETS, LTD., A TEXAS LIMITED PARTNERSHIP, 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 the City of Round Rock,
Texas,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
the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the
County of Williamson, State of Texas,being more particularly described as follows:
0.001 acre tract of land, more or less, situated in the Willis Donaho Survey, Abstract
No. 173, in Williamson County, Texas, being more fully described by metes and
bounds or shown in Exhibit"A", attached hereto and incorporated herein (Parcel 6).
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators,
O:\wDOX\CORR\transprt\kiphenrd\champion\S W DEED\00107547.DOC
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantors,but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the_day of , 2007.
GRANTOR:
CHAMPION-MEIER ASSETS, LTD.,
A TEXAS LIMITED PARTNERSHIP
By: Champion Meier Management Trust,
Its General Partner
By:
Alma Juanita Champion Meier,Trustee
Acknowledement
State of Texas §
County of §
This instrument was acknowledged before me on this the day of , 2007
by Alma Juanita Champion Meier, in the capacity and for the consideration and purposes recited herein.
Notary Public, State of Texas
2
PREPARED IN THE OFFICE OF:
Sheets & Crossfield,P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
EXHIBIT
OPEN CHANNEL SURFACE DRAINAGE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That CHAMPION-MEIER ASSETS, LTD., a Texas limited partnership ("Grantor"), for
and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated
in the County of Williamson and State of Texas ("Grantee"),the receipt and sufficiency of which
is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee an open
channel surface drainage easement and right-of-way to construct, install, operate, maintain,
inspect, reconstruct, enlarge, relocate, repair, and remove drainage facilities in the nature of an
open drainage channel and culverts and related drainage improvements, as generally depicted in
Exhibit "C" attached hereto and made a part hereof, in, upon, over, and across the following
described property, to-wit:
See Exhibit "A" attached hereto and made a part hereof, describing a 1.083 acre
drainage easement being out of and a part of the Willis Donaho Survey, Abstract
No. 173, in Williamson County, Texas, being a part of that 75.876 acre tract of
land ("Grantor's Property") conveyed to Juanita Meier by Deed recorded in
Volume 908, Page 700 of the Official Public Records of Williamson County,
Texas, and being more particularly described by metes and bounds as indicated;
and see Exhibit `B" attached hereto and made a part hereof, describing said
easement on"Sketch to Accompany Description" (the"Easement Tract").
Grantor shall not construct permanent improvements on the surface of the Easement
Tract other than as shown on the plan sheets attached hereto as Exhibit "C". Notwithstanding
the foregoing, Grantor reserves and retains unto Grantor, her successors and assigns and the
future owner(s) of Grantor's Property the full use of the Easement Tract for any purpose not
prohibited by the terms of this document and not inconsistent with the easement herein granted,
including specifically, but without limitation, the right to place, divert and direct stormwater,
runoff and drainage on and to the Easement Tract, and to use the Easement Tract for the
conveyance of stormwater, runoff and drainage to the extent necessary for the use and
development of Grantor's Property.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to
and revest in Grantor, her successors and assigns, in the event the said drainage channel or any
portion thereof is abandoned, or shall cease to be used for a period of five (5) consecutive years,
and in any such event such portion thereafter shall be released of any easement, rights or
privileges herein granted.
O:\WDOX\CORR\t ansprt\kiphenrd\champion\EASEMENT\00107356.DOC/jkg
TO HAVE AND TO HOLD the above-described easement and rights unto Grantee and
its successors and assigns, forever, and Grantor does hereby bind herself, her successors, assigns
and legal representatives, to warrant and forever defend, all and singular, the above-described
easement and rights unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same, or any part thereof,by, through or under Grantor,but not
otherwise.
The easement, rights, and privileges granted herein are non-exclusive, and Grantor
reserves and retains unto Grantor, her successors and assigns and the future owner(s) of
Grantor's Property the right to place, construct, operate, repair, replace and maintain utility lines
and facilities under and across the Easement Tract and to grant public or private easements for
such purposes, so long as the same do not unreasonably interfere with the drainage channel and
facilities and rights provided for herein without the prior written consent of Grantee, which
consent shall not be unreasonably withheld. Grantee shall have the right to review any
conflicting use or proposed easement of the Easement Tract to determine whether such easement
or use will cause any unreasonable interference with the drainage channel and rights provided for
herein, and Grantee may require reasonable safeguards to protect the integrity of the drainage
channel.
Grantor further grants to Grantee:
(a) the right to grade the Easement Tract for the full width thereof;
(b) the right of ingress to and egress from the Easement Tract over and across
Grantor's property by means of roads and lanes thereon, if such exist, otherwise
by such route or routes as shall occasion the least practicable damage and
inconvenience to Grantor, her successors and assigns and future owner(s) of
Grantor's Property; the foregoing right of ingress and egress includes the right of
Grantee to disassemble, remove, take down, and clear away any fence, barricade,
or other structure which obstructs, prevents, or hinders Grantee's ingress to and
egress from Grantor's Property, and should Grantee deem it necessary to so
disassemble,remove, take down, or clear away any such fence,barricade, or other
structure, Grantee shall, as soon as is reasonably feasible (but in all events within
fifteen (15) days), replace or restore Grantor's Property to the same as condition
as existed immediately prior to Grantee's actions pursuant to this provision,
unless said fence, barricade, or other structure is inconsistent with the rights
conveyed to Grantee herein; the foregoing right of ingress and egress applies
during the period of construction as well as otherwise;
(c) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement Tract which now or hereafter in
the opinion of Grantee may be a hazard to said drainage channel by reason of
nks
2
blockage thereof, or which may otherwise interfere with the exercise of Grantee's
rights hereunder, provided, however, that all trees which Grantee is hereby
authorized to cut and remove, if valuable for timber or firewood, shall continue to
be the property of Grantor, but all tops, lops, brush and refuse wood shall be
burned or removed by Grantee; and
(d) the right to mark the location of the Easement Tract by suitable markers set in the
ground; provided that such markers shall be placed in fences or locations which
will not interfere with any reasonable use Grantor shall make of the Easement
Tract.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the Easement Tract and
repair any damage it shall do to any roads, lanes, or other improvements or
property on Grantor's Property;
(c) Grantee shall be solely responsible for the design and construction of said
drainage channel and the operation, maintenance and repair thereof, and any
damages resulting from the activities of Grantee hereunder or the use of the
Easement Tract by Grantee or parties with whom it contracts; Grantee shall
indemnify Grantor against any loss and damage which shall be caused by the
exercise of the rights of ingress and egress or by any wrongful or negligent act
or omission of Grantee or Grantee's agents or employees in the course of their
employment; and nothing contained herein shall ever be construed to place upon
Grantor, her successors or assigns or future owner(s) of Grantor's Property, any
manner of liability for injury to or death of persons or for damage to or loss of
property arising from or in any manner connected with the acts, conduct or
negligence of Grantee, or its contractor(s), agents, or employees, in the design,
construction and maintenance of said drainage channel.
Grantee shall have the right and privilege at any and all times to enter the Easement
Tract, or any part thereof, for the purpose of constructing and maintaining said drainage channel,
and for making connections therewith; provided, and all upon the condition, that Grantee will at
all times after doing work in connection with the construction, installation, operation,
maintenance, inspection, reconstruction, repair or removal of said drainage channel, repair and
restore Grantor's Property (including without limitation the lateral support thereof) and any
improvements or other property located thereon, to the same condition as existed immediately
before the work was undertaken.
The easements,rights and privileges herein granted are further made and accepted subject
3
to any and all easements, covenants, rights-of-way, conditions, restrictions, encumbrances,
mineral reservations and royalty reservations, if any, relating to Grantor's Property, to the extent
and only to the extent that the same may still be in force and effect, and either shown of record in
the Office of the County Clerk of Williamson County, Texas, or apparent on the ground.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of , 2006.
GRANTOR:
CHAMPION-MEIER ASSETS, LTD., a Texas limited
partnership
By:
Alma Juanita Champion Meier,Trustee of the
Champion-Meier Management Trust, General
Partner
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the,day of 92006,
by Alma Juanita Champion Meier, Trustee of the Champion-Meier Management Trust, General
Partner of Champion-Meier Assets, Ltd., a Texas limited partnership, on behalf of said trust and
limited partnership.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
Sheets &Crossfield,P.C.
309 East Main Street
Round Rock,Texas 78664
4