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R-07-05-10-8G1 - 5/10/2007 RESOLUTION NO. R-07-05-10-8G1 WHEREAS, the City desires to purchase a 0. 128 acre tract of land for additional right-of-way for the IH 35/Resters Crossing improvement project, and WHEREAS, GMRI Texas, L.P. , 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 GMRI Texas, L.P. , 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 10th day of May, 2 ZLL, Mayor City of Round Rock, Texas A T ST: CHRISTINE R. MARTINEZ, CitySecr ary 0:\wdox\RESOLUTI\R70510G1.WPD/MC\0199-6031 EXHIBIT REAL ESTATE CONTRACT I35/Hesters Crossing Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between GMRI Texas L.P., (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 0.128 acre tract of land, more or less, situated in the Jacob M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, being more fully described by metes and bounds or shown in Exhibit"A", attached hereto and incorporated herein(Parcel 4). 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 TWENTY FOUR THOUSAND ONE HUNDRED TEN and 00/100 Dollars($124,110.00). Additional Compensation 2.02(a). In addition to the Purchase Price the Purchaser shall also pay the amount of EIGHT THOUSAND ONE HUNDRED EIGHTEEN and 75/100 Dollars ($8,118.75) as compensation for the costs to Seller to move/replace the irrigation lines within the Property to the remaining property. The costs as shown on the Estimate provided by Texas Ecogrow, L.L.C. is attached hereto as Exhibit„B n and by this reference incorporated herein 2.02(b). See Addendum attached hereto and by this reference incorporated herein. Olive Garden#1566,Round Rock,TX 1 Payment of Purchase Price 2.03. The Purchase Price and Additional Compensation shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing.): Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American Title Company, C Title Company") to issue a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Survey 3.03.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. Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OT SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance,or trespassers,other than as previously disclosed; (2)Seller has complied with all applicable laws, ordinances,regulations,statutes,rules and Olive Garden#1566,Round Rock,TX 2 restrictions relating to the Property, or any part thereof, 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 Title Company on or before April 30, 2007, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment (which date is herein referred to as the"closing date'). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title to all of the Property as shown in Exhibit"A", 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 exceptions approved by Purchaser pursuant to Article III hereof, and (c) Any exceptions approved by Purchaser in writing. (2) If requested, 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 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. Olive Garden#1566,Round Rock,TX 3 (4) Purchaser shall deliver to Seller pursuant to Section 9.01 hereof the proposed closing documents for Seller's review and approval. Seller shall have ten (10) business days from its receipt in which to return the closing documents signed or submit any proposed changes. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price and the closing proceeds shall be mailed to Seller pursuant to Section 9.01 hereof. Prorations 5.04. If required, 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) 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. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided 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. Olive Garden#1566,Round Rock,TX 4 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 Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Notice 9.01.Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be,at the address set forth opposite the signature of the party. Texas Law to Annly 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. Olive Carden#1566,Round Rock,TX 5 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. 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. Possession and Use Agreement 9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of relocating utilities and constructing or improving a public road and related facilities, upon full execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement document suitable for recording if requested by Purchaser. Olive Garden#1566,Round Rock,TX 6 Effective Date 9.11 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. SELLER: GMRI Texas L.P. By: �,J Address: 6990 Lake Ellenor Drive Dos Jr. Ip`' Orlando,FL 32809 Its:_ T3irector.Asset Management Attn: Anne W rhe Date: April ,2007 PURCHASER: CITY OF ROUND ROCK By: Nyle Maxwell,Mayor 221 E.MAIN STREET ROUND ROCK,TEXAS 78664 Date: Olive Garden#1566,Round Rock,TX 7 ADDENDUM TO REAL ESTATE CONTRACT GMM Texas L.P.,d/b/a Olive Garden#1566,Round Rock,Texas GMRI Texas L.P.(Seller)agrees and the City of Round Rock,Texas("City")agrees to the following conditions which conditions will survive closing of this Real Estate Contract between Seller and the City: 1. The City will perform all work in a manner which causes the least amount of interference with Seller's business operations as is reasonably possible including, without limitation, assuring that access and parking on Seller's property is not restrained or impeded. 2. The City agrees to indemnify and hold Seller harmless from any liability arising from the City's work. 3. City agrees to provide when available the proposed dates of construction to the restaurant's General Manaeer. and the City further agrees to give the manager on duty at the restaurant at least 48 hours notice prior to commencing any work on the property. Said notification will be done either in person or by calling the restaurant at 512 341-8433. 4. In the event utilities are disrupted at the restaurant due to the City's construction such as loss of water, electric, gas, etc. and the Seller is forced to close its business, the City agrees it will reimburse the Seller for such losses including without limiting lost revenue for the period it is required to close should such action become necessary due to the lost of the utilities. The parties agree that loss revenue will be calculated based on the formula using the same ay of the week the restaurant had to close its business for the previous three (3) weeks and then averaging the earning for those three(3)days and that the same formula will be utilized for each day the restaurant is forced to close its business. Olive Garden#1566—Round Rock,TX Page 1 of 4 EXHIBIT County: Williamson Parcel No.: 4 Highway: I.H.35 Limits: From:Hesters Crossing Road(Along La Frontera Development) To:Sundance Parkway CSJ: 0015-09- PROPERTY DESCRIPTION FOR PARCEL 4 DESCRIPTION OF A 0.128 ACRE (5,578 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1A, BLOCK A, REPLAT OF LOT 1 OF THE REPLAT OF LOT 1, BLOCK A,OF THE RESUBDIVISION OF LA FRONTERA SECTIONS I & II, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET V, SLIDES 57-58 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS,AND BEING A PORTION OF THE SAME PROPERTY CONVEYED TO GMRI TEXAS L.P., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2001062425 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.128 ACRE (5,578 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUND$AS FOLLOWS: BEGINNING FOR REFERENCE at a found P.K. nail, 212.79 feet right of proposed I.H. 35 southbound frontage road baseline station 1435+07.03, being the northwesterly comer of said Lot 1 A, Block A, Replat of Lot 1, Block A, of the Resubdivision of La Frontera Sections I & 11, and an interior ell comer in the easterly boundary line of Lot II. La Frontera Sections I&II(Replat),according to the plat thereof recorded in Cabinet R,Slides 292-293 of the Plat Records of Williamson County,Texas; THENCE,with the common boundary line of said Lot 1A and said Lot ll, N 84°26116"E for a distance of 205.03 feet to a set 1Z iron rod with TxDOT aluminum cap in the proposed westerly right-of-way line of I.H.35,16.50 feet right of proposed I.H.35 southbound frontage road baseline station 1435+66.25,being the southwesterly comer and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed westerly right-of-way line of I.H. 35, continuing with said common boundary line, N 84026'16" E for a distance of 18.10 feet to a calculated point in the existing westerly right-of-way line of I.H. 35 (right-of-way width varies), being the northeasterly comer of said Lot 1A and the southeasterly comer of said Lot 11, and being the northeasterly corner of the herein described tract, from which a found 1/2" iron rod with plastic cap bears N 84'26196"E,a distance of 0.15 feet; THENCE,with the easterly right-of way line of said Lot 1 A,same being said existing westerly right-of-way line of I.H.35,the following two(2)courses: 2) S 22°56'41" E for a distance of 41.51 feet to a found TxDOT Type I concrete monument, being an angle point in the easterly boundary line of the herein described tract.- 3) ract;3) S 16-4341"E for a distance of 319.19 feet to a calculated point,being the southeasterly comer of said Lot 1A and the northeasterly comer of Lot 2, Block A, Replat of Lot 1, Block A of the Resubdivision of La Frontera Sections I& 11,according to the plat thereof recorded in Cabinet U, Slides 230-231 of the Plat Records of Williamson County, Texas, and being the southeasterly comer of the herein described tract; 4) THENCE.departing said existing easterly right-of-way 6ne of I.H.35,with the common boundary line of said Lot 1A and said Lot 2,S 85613'45"W for a distance of 15.81 feet to a set 1/2"iron rod with TxDOT aluminum cap in the proposed curving westerly right-of-way line of I.H.35, 16.36 feet right of proposed I.H. 35 southbound frontage road baseline station 1439+28.51, being the southwesterly corner of the herein described tract; PARCEL 4 Page 2 of 4 THENCE, departing said common boundary, through the interior of said Lot 1A, with the proposed westerly right-0f-way line of I.N.35,the following four(4)courses: 5) Along a curve to the right, having a delta angle of 01°04'39", a radius of 1220.00 feet, an arc length of 22.95 feet,and a chord which bears N 17031'52"W for a distance of 22.94 feet to a set TxDOT Type 11 monument, 16.50 feet right of proposed I.H. 35 southbound frontage road baseline station 1439+05.92; 6) N 16'34'16"W for a distance of 312.02 feet to a set TxDOT Type II monument, 11.73 feet right of proposed I.H.35 southbound frontage road baseline station 1435+•92.62, being an angle point in the westerly boundary line of the herein described tract; 7) S 72.40'56"W for a distance of 4.7a feet to a set TxDOT Type li monument, 16.49 feet right of proposed I.H.35 southbound frontage road baseline station 1435+92.22,being an angle point in the westerly boundary line of the herein described tract; 8) N 22.21'01"W for a distance of 25.90 feet to the POINT OF BEGINNING,containing 0.128 acres (5,578 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 Rou6d Rock,Williamson County,Texas. 4,4 1 M.Stepfieri Tru le to Registered Professional Land Surveyor No.4933 \ Licensed State Land Surveyor or Inland Geodetics,L.P. �,� .» •• 1504 Chisholm Trail Road,Suite 103 Round Rock,TX 78681 l M.ST EPHEN TRUESDALE PARCEL-4.doc t �0 49aa May 10.2006 '7y�•..c + C% "� I Li R� EXHIBIT " PLAT TO ACCOMPANY PARCEL DESCRIPTION w x N C 0 25 50 ci ih'V'Ey 1- - 50' �;� ` g A -''' o. � :- 6 .ABy `.mow EXIST. 20' WATER, SFI � (NT LFtST AT F RONT AGS R�D ''vols `8z2 A.kt acs " SOUT"SOLIN W(DTH VARIES) o.�.N.C.T. '': (ft.0. neESlAn PGE7O 42�:t - orf_ P.R.W.C. Y t. �^ Ex15TING r~ - ,� EXIST. 3D' P.'l--- IS' P.U.E. _ .r _ ..�- VOL. 850, M 9O? 114 CAB. a ' ++.T 457s G. 23 a J.}A.7l.C.T. �,G T1A1 S �E� L _ ;E{ d'g` } 1633628RTI v eo �E ..M.:::..... P.R.W.C.T. D.R,R.C.. :_ f pROXIW ': i �t lif0 YlID-fH 5'IATeD: _ - ._• -' '- w ►5.21 i~) _ �.�....•, �����- . - . • � � M.. .` '.- (S .. • ..�^' _ _.. y... _ter .,..,--0► E,1' 1 _•r -S-•d 6-may_ .- .. r•- ='117W'G� �-r �" _ • _ Sm a (`971.26 J i IAS74w 4-4 6-3A' � W� -• � �'r `—'r=-:.. }f � _. OMIL e:6' *r1 r :f.. + 4,�•{�- 1139.05.92 16.50' R7 1435.9 62 �} 11.73' RT j 1435*92.22 1 D.128 AG LOT 2, BLOCK A 16.49' RT LOT 11 5.578 90. M REPLAT OF LOT I P.O.B- LA F TERA PARCEL 4 BLOCK A 1435.66.25 SECTION I & 11 OF THE RESUBDJVISION (REP AT) GMRI TEXAS, L.P. vH 16.so' RT CAB. R 1�- NO. 2001062425 OF LA FRONTERA q�' t 0.P.R.W.G.T. SECT I ONS 1 & II n"Ii�F SLD. 2921 & 293 CAB. U. SLD. 230-231 a ; P.R.W.IC.T. P.R.W.C.T. ExiSr. P.U.E. 11 LOT IA VOL. ESO. PC. 906 BLOCK A Ww D.R.W.C.T. ( REPLAT OF LOT 1 OF DOC.. NO. 9956348 k THE REPLAT OF LOT 1 LOT IS eH� 1 0R.W.C.T. I BLOCK A BLOCK A HE RESUBDIVISION REPLAT OF LOT I OF OF T . ,to ! OF LA FRONTERA THE REPLAT OF LOT i mN SECTIONS I & 11 OF THE RESUBDIVISION CAB. Y SLD. 57 & 57 OF LA FRONTERA zm I 0.R. P.R.W.C.T. PIRCEL 4 I I SECTIONS I & 11 z1 1�/ 1I S9T iI �iDCGTR� 7.03 CAB. P S & 57 72 � HpPEL - Un � R.W.CT. LG84 PKE3ff4 AA PARCEL PLAT SHOWING PROPERTY OF INLAND Texas Jkpartaldll of TronspartoNon GEODIETIG.S GM TEXAS, L.P. ® m07 PROFESSIONAL UIO 9111E10115 • IS01 d1150L11 Tull N0. SUITE 101 am"m Ix nal SCALE CSd PROJECT COUNTY �p�.�� Iq 61b 81.1>II�F1[Gla ZNi" 50' 0015-09- 1"35/HESTERS PARCEL 4 CROSS I NG I LL I AMSON EXHIBIT PLAT TO ACCOMPANY PARCEL DESCRIPTION LEGEND ■ TYPE I CONCRETE MONUMENT FOUND B I/Z' IRON ROD FOUND UNLESS OTHERWISE NOTED TO BE REPLACED BY TYPE 11 MONUMENT SET 0 TYPE 11 MONUMENT SET 10 1/2 • IRON ROD FOUND O 1/2 ' IRON ROD FOUND W/PLASTIC CAP (N (Ww?%1j6' E0 1/2 " IRON PIPE FOUND 0.0 1/2 • IRON ROD SET W/ TXDOT ALUMINUM CAP ' EXISTING® PK NAIL FOUND 0 RAILROAD SPIKE FOUND LOT IAIII COTTON GIN SPINDLE SET 11 C COTTON GIN SPINDLE FOUND CALCULATED POINT DETAIL 'A' t CENTER LINE res [ PROPERTY LINE ( ) RECORD INFORMATION -� LINE BREAK IV LAND HOOK --111— CONTROL OF ACCESS LINE P.O.B. POINT OF BEGINNING NUv6QZ DIRECTION DISTANCE P.O.R. POINT OF REFERENCE N.T.S. NOT TO SCALE LI N 84'26'16' E I(. 10' D.R.W.C.T. DEED RECORDS L2 N 22'21'01` W 25,90• WILLIAMSON COUNTY, TEXAS S 72.4.56. W 4.T8' R.P.R.W.C.T. REAL PROPERTY RECORDS W I LL I AMSON COUNTY, TEXAS L4 S 85.13.45" W 15.81' O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY. TEXAS C.O.A. CONTROL OF ACCESS WABER DELTA ANGLE I RADIUS I TANGENT ARC LENGTH CHORD LENGTH CHORD DIRECT ICN C 1 01.04'39' 11220.001 11.47 22.95 22.94 N 17.31'52" W NOTESI 1) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARINGS. ALL DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.•NAD 83. CENTRAL ZONE, USING A COMBINED SLWACE ADJUSTMENT FACTOR OF 1.00012. Z) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE WAY BE EASEWWS OR OTHER DOCUAENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT OF r TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT etR' %14 Tb'� THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A t4 SURVEY MADETHE GROUND UNDER MY DIRECTION 0 • SUPERVI ION.f M.STEPHEN TRUESDALE f '0 4953 M. ST H N t SDALE DATE. ' ~HO� i�ssf REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933-STATE OF TEXAS a u g LICENSED STATE LAND SURVEYOR-STATE OF TEXAS PACE 4 ff 4 PARCEL PLAT SHOWING PROPERTY OF I N LA N D r'T.Xas l,f Dw-ifinor Trom wfatim, cEOE�encs GW1 TEXAS. L.P. ® + n1olFssjaiA�w0 war M 1304 a1ISOLY TRAIL M. SPITE 103 m"IlOpl. 11. t1E11 SCALE CSJ = PROJECT COUNTY �p�� Ill 613 ZX IIAL IN Gib MIS 0015-09- I N35/HESTERS FARM 4 CROSSING ILLIAMSON Texas Ecogrow,L.L.0 Estimate 3971 Shaker Ln. Round Rock, TX 78681 Date nis 3/21/2007 Name/Address Andre Vaez 100 Sundance Parkway Round Rock,TX 78681 Project Description Qty Rate Total irrigation valves moved and replaced,materials and labor 4 1,200.00 4,800.00T irrigation valve removed,materials and labor 1 1,000.00 1,000-OOT replace existing main line and wires where proposed road is cut 1 1,200.00 1,200.001'through,materials and labor rezone system to existing settings 1 500.00 SOO.00T "THIS ESTIMATE IS VALID IF AND ONLY IF THERE IS SUFFICIENT AMOUNT OF WORK SPACE AVAILABLE FOR THESE ACTIONS TO TAKE PLACE.IF THE WORK AREA IS TOO SMALL TO SIMPLY MOVE THE VALVES AND MAIN LINE WITH WIRES THEN THIS ESTIMATE IS VOID AND WILL NEED TO BE SUBMITTED FOR ANOTHER ESTIMATE IN ORDER TO SUFFICIENTLY PROVIDE A CORRECT DOLLAR AMOUNT. We Look Forward to Working With Youl Subtotal $7,500.00 EXHIBIT Sales Tax (8.25%) $618.75 5 Total $8,118.75 Olive Garden #1566 - Round Rock, TX DATE: May 2, 2007 SUBJECT: City Council Meeting - May 10, 2007 ITEM: 8.G.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with GMRI Texas, LP. for the purchase of right of way for the construction of the IH 35/Hesters Crossing expansion project. (Olive Garden Tract) TO BE ADDRESSED AFTER EXECUTIVE SESSION Department Legal Staff Person: Steve Sheets, City Attorney Justification: The proposed contract is for purchase of a 0.128-acre fee simple tract and drainage easement and along the frontage of property owned by GMRI Texas, L.P. (Olive Garden) in connection with the I35/Hesters Crossing expansion project. The appraised fair market value of the needed right-of-way and drainage easement is $124,110.00. The cost of moving and replacing the irrigation system is $8,118.75. The total amount of compensation to the owner is $132,228.75. Funding: Cost: $132,228.75 Source of funds: 413 Funding Outside Resources:, Sheets & Crossfield, P.C. Background Information• The I35/Hesters Crossing expansion project will decrease congestion at the intersection of IH 35 and Hesters Crossing. EXECUTED DOCUMENT ]FOLLOWS REAL ESTATE CONTRACT I35/11esters Crossing Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between GMRI Texas L.P., (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 0.128 acre tract of land, more or less, situated in the Jacob M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, being more fully described by metes and bounds or shown in Exhibit"A", attached hereto and incorporated herein (Parcel 4). 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 TWENTY FOUR THOUSAND ONE HUNDRED TEN and 00/100 Dollars ($124,110.00). Additional Compensation 2.02(a). In addition to the Purchase Price the Purchaser shall also pay the amount of EIGHT THOUSAND ONE HUNDRED EIGHTEEN and 75/100 Dollars ($8,118.75) as compensation for the costs to Seller to move/replace the irrigation lines within the Property to the remaining property. The costs as shown on the Estimate provided by Texas Ecogrow, L.L.C. is attached hereto as Exhibit "A" and by this reference incorporated herein Olive Garden#1566,Round Rock,TX 1 Payment of Purchase Price closing.2.03. The Purchase Price and Additional Compensation shall be payable in cash at the ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing.): Preliminary Title Commitment 3.02. 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. In the event that title to the property is not satisfactory to Purchaser, after notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Survey 3.03. 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. Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and Olive Garden#1566,Round Rock,TX 2 restrictions relating to the Property, or any part thereof; 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 Title Company on or before April 30, 2007, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment (which date is herein referred to as the"closing date"). Seller's Oblieations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title to all of the Property as shown in Exhibit "A", 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 exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) If requested, 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 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. Olive Garden#1566,Round Rock,TX 3 (4) Purchaser shall deliver to Seller pursuant to Section 9.01 hereof the proposed closing documents for Seller's review and approval. Seller shall have ten (10) business days from its receipt in which to return the closing documents signed or submit any proposed changes. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price and the closing proceeds shall be mailed to Seller pursuant to Section 9.01 hereof. Prorations 5.04. If required, 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) 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. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided 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. Olive Garden#1566,Round Rock,TX 4 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 Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Notice 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Anply 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. Olive Garden#1566,Round Rock,TX 5 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. 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. Possession and Use Agreement 9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of relocating utilities and constructing or improving a public road and related facilities, upon full execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement document suitable for recording if requested by Purchaser. Olive Garden#1566,Round Rock,TX 6 Effective Date 9.11 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. Prior Construction Notification 9.12 The City agrees to give the manager on duty at the restaurant at least 48 hours notice prior to Texas Department of Transportation commencing any work on or near the Property that would have impact to Seller's business operation. Said notification will be done either in person or by calling the restaurant at(512) 341-8433. SELLER: GMRI Texas L.P. Q 4— By: Address: 6990 Lake Ellenor Drive o Dosh , Jr. Orlando, FL 32809 Its: irector.Asset Management Attn: Anne Wyle Date: April 14 . 2007 PURCHASER: CITY OF ROUND ROCK By: Nyle Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: J_ 1 _Q 7 Olive Garden#1566,Round Rock,TX 7 EXHIBIT Page 1 of 4 County: Williamson Parcel No.: 4 Highway: I.H.35 Limits: From: Nesters Crossing Road(Along La Frontera Development) To:Sundance Parkway CSJ: 0015-09- PROPERTY DESCRIPTION FOR PARCEL 4 DESCRIPTION OF A 0.128 ACRE (5,578 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1A, BLOCK A, REPLAT OF LOT 1 OF THE REPLAT OF LOT 1, BLOCK A, OF THE RESUBDIVISION OF LA FRONTERA SECTIONS I & 11, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET V, SLIDES 57-58 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY CONVEYED TO GMRI TEXAS L.P., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2001062425 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.128 ACRE (5,578 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found P.K. nail, 212.79 feet right of proposed I.H. 35 southbound frontage road baseline station 1435+07.03, being the northwesterly corner of said Lot 1A, Block A, Replat of Lot 1, Block A, of the Resubdivision of La Frontera Sections I & II, and an interior ell corner in the easterly boundary line of Lot ll, La Frontera Sections I & II (Replat), according to the plat thereof recorded in Cabinet R, Slides 292-293 of the Plat Records of Williamson County,Texas; THENCE, with the common boundary line of said Lot 1A and said Lot ll, N 84026'16" E for a distance of 205.03 feet to a set 1/2" iron rod with TxDOT aluminum cap in the proposed westerly right-of-way line of I.H. 35, 16.50 feet right of proposed I.H. 35 southbound frontage road baseline station 1435+66.25, being the southwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed westerly right-of-way line of I.H. 35, continuing with said common boundary line, N 84026'16" E for a distance of 18.10 feet to a calculated point in the existing westerly right-of-way line of I.H. 35 (right-of-way width varies), being the northeasterly corner of said Lot 1A and the southeasterly corner of said Lot II, and being the northeasterly corner of the herein described tract, from which a found 1/2° iron rod with plastic cap bears N 84°26'16'E, a distance of 0.15 feet; THENCE,with the easterly right-of-way line of said Lot 1A, same being said existing westerly right-of-way line of I.H. 35,the following two(2)courses: 2) S 22°56'41" E for a distance of 41.51,feet to a found TxDOT Type I concrete monument, being an angle point in the easterly boundary line of the herein described tract;- 3) ract;3) S 16°43'41" E for a distance of 319.19 feet to a calculated point, being the southeasterly comer of said Lot 1A and the northeasterly comer of Lot 2, Block A, Replat of Lot 1, Block A of the Resubdivision of La Frontera Sections I & ll, according to the plat thereof recorded in Cabinet U, Slides 230-231 of the Plat Records of Williamson County, Texas, and being the southeasterly corner of the herein described tract; 4) THENCE, departing said existing easterly right-of-way line of I.H. 35, with the common boundary line of said Lot 1A and said Lot 2, S 85013'45"W for a distance of 15.81 feet to a set 1/2"iron rod with TxDOT aluminum cap in the proposed curving westerly right-of-way line of I.H.35, 16.36 feet right of proposed I.H. 35 southbound frontage road baseline station 1439+28.51, being the southwesterly corner of the herein described tract; PARCEL 4 Page 2 of 4 THENCE, departing said common boundary, through the interior of said Lot 1A, with the proposed westerly right-of-way line of I.H. 35, the following four(4)courses: 5) Along a curve to the right, having a delta angle of 01004'39", a radius of 1220.00 feet, an arc length of 22.95 feet, and a chord which bears N 17°31'52"W for a distance of 22.94 feet to a set TxDOT Type II monument, 16.50 feet right of proposed I.H. 35 southbound frontage road baseline station 1439+05.92; 6) N 16°34'16"W for a distance of 312.02 feet to a set TxDOT Type II monument, 11.73 feet right of proposed I.H. 35 southbound frontage road baseline station 1435+92.62, being an angle point in the westerly boundary line of the herein described tract; 7) S 72°40'56" W for a distance of 4.78 feet to a set TxDOT Type It monument, 16.49 feet right of proposed I.H. 35 southbound frontage road baseline station 1435+92.22, being an angle point in the westerly boundary line of the herein described tract, 8) N 22°21'01"W for a distance of 25.90 feet to the POINT OF BEGINNING,containing 0.128 acres (5,578 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 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. r M.Step en True ale ate Registered Professional Land Surveyor No.4933 .� Licensed State Land Surveyor OF Inland Geodetics, L.P. 4 *'0 �e 1504 Chisholm Trail Road, Suite 103Rp►;+ Round Rock,TX 78681 4 �` M.STEPHEN TRUESDALE PARCEL-4.doc < ! 493 May 10, 2006 VU ft EXHIBIT " PLAT 0 ACCOMPANY PARCEL DESCRIP'. N W 2 N 0 25 50 ASA TRACT N0. 609 SURVEY ABS EXIST. 20' WATER, SEWS TATE HIGHWAY ROAD a GAS LINE EASEM I NT ERS F RpH Tv VOL. 624, PG, SOUT HBOUN1 1 D 1 E D-R.W.C.T. _� EX i — + THE STATE OF T X 0 J _-_- U. SL. 230-231 PG P.R.W.C.T. v VOL.D. G. EXISTING EXIST. 30' P.U.E. 1P U E VOL. 850, PG. 902 Np 5 RYE1 LINE CAB. 0 -� EXIST. S.W-8. ESMT. a' 0.R.w.C.T. + 1439-28 51 VOL. 457, PG. 275 �G P.R.w.C,T. 16.36' RT i+ 0.R.W.C.T. c pX1M �-- c (NO WIDTH STATED) ApPR I (S 15.21' E) P ,n - -' }' o _ 2}•340 __.._...._ I a —._. _._ --.--• � ___- SEE l 18?�•26 ).' 11g0utD f :00 i3q, �• W_ rr,�.02` -._-._ Dira1L • • 6,•A1 - -- 1 2• �p —� 1439.05.92 16.50' RT 1435+9 .62 4 1435+92.22 ( 0. 126 AC. 16.49' RT LOI I 1 5.576 SO. FL LOT 2, BLOCK A I� I P.O. B. I LA FNTERA REPLAT OF LOT I PARCEL 4 RQBLOCK A o 1435.66.25 SECTION I & II GMRI TEXAS. L.P. OF THE RESUBDIVISION 16.50• RT (REP AT) I OF LA FRONTERA CAB. R. DOC. N0. 2001062425 SECTIONS I & I i N"n SLD. 292, & 293 0.P.R.W.C. T. CAB. U. SLD. 230-231 P.R.W.C.T. P.R.W.C.T. y EXIST. P.U.E. I LOT IA W VOL. 8.50, PG. 906 BLOCK A W D.R.W.C.T. REPLAT OF LOT I OF I & DOC. NO. 9846348 E O.-R.W.C.T. THE REPLAT OF LOT I LOT IB BLOCK A BLOCK A uMi I ( OF THE RESUBDIVISION REPLAT OF LOT I OF 1D OF LA FRONTERA I THE REPLAT OF LOT I BLOCK SECTIONS I & II CAB. OF THE RESUBDIVISION 0. R. V SLD. 57 & 57 I P.R.W.C.T. OF LA FRONTERA Z °D PIRCEL 4 SECTIONS I & 11 14 5*07..03 t tRCAB. V SLD. 57 & 57 21 .79' RT H/„ CL L SURVEY I P.R.W.C.T. I I STT N0. 28 Ea7 NG PROPERTY OF PAM 3 CF 4 INLAND 71r�Tes LIepvrtmerot of Trowpwtotlon GEODET'ICS L.P. PROFESSIONAL LAND mETORS 1504 CHISOLV TRAIL RD. SUITE 103 ROURD ROCK. rx Ts66I ROJECT COUNTY PII 6111 23A 1200,FAX 15121 IIt 1251 5/NESTERS PARCEL 4 ROSSING ILL AAMSON EXHIBIT " PLAT ,'O ACCOMPANY PARCEL DES.- JPTION LEGEND ■ TYPE I CONCRETE MONUMENT FOUND %2' IRON ROD FOUND UNLESS OTHERWISE NOTED TO BE REPLACED BY TYPE 11 MONUMENT SET p TYPE II MONUMENT SET 0 1/2 IRON ROD FOUND O 1/2 IRON ROD FOUND W/PLAST I C CAP N 84.26'16" E O 1/2 IRON PIPE FOUND 0. 15' O 1/2 IRON ROD SET W/ TXDOT ALUM I NUM CAP • ExIsiIH� ® PK NAIL FOUND ® RAILROAD SPIKE FOUND LOT IA ® COTTON GIN SPINDLE SET LOT II 0 COTTON GIN SPINDLE FOUND CALCULATED POINT DETAIL 'A' € CENTER LINE Kxs e PROPERTY LINE RECORD INFORMATION —� LINE BREAK fV LAND HOOK —III— CONTROL OF ACCESS LINE P.O.B. POINT OF BEGINNING NUMBERNN CTION DISTANCE P.O.R. POINT OF REFERENCE N. T.S. NOT TO SCALE LI6'16" E 18. 10' D. R.W. C. T. DEED RECORDS L21'01" WWILLIAMSON COUNTY, TEXAS x90' R.P.R.W.C. T. REAL PROPERTY RECORDS L30'56• W 4,78' WILLIAMSON COUNTY, TEXAS L43'45" W 15.81' 0.P. R.W. C. T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P. R.W.C. T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS C.0.A. CONTROL OF ACCESS NUMBER DELTA ANGLE RADIUS TANGENT ARC LENGTH CHORD LENGTH CHORD DIRECTION CI 01°04'39' 1220.00 I I.47 22. 95 22.94 N 17.3 I 'S2" W NOTES] 1) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARINGS. 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 1.00012. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCUMENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT 'C Qo�\ TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT lip 1 Sr �`• f THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A a ♦�9 ,mss ��0�9 SURVEY MADE 0 THE GROUND UNDER MY DIRECTION D �( SUPERVI ION. ,�— M.STEPHIEN TRUESDALE Ir * 493 M. ST PH N TR ESDALE "srFsg1�+�►'"O 4933-STDATEj 4933-STATE TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. LICENSED STATE LAND SURVEYOR-STATE OF TEXAS S U R PARCEL PLAT SHOWING PROPERTY OF F4CF4 =rPRffWESSIoKUW N D7 Texos Department of Trnnsportotlon GEC ICS ' GIVIR I TEXAS. L.P. © 2W3 AND WKYORSIL RD. SUITE 103Tx. 70 I SCALE CSJ s PROJECT COUNTY FAX 151212)01251 1 50' OO 15-09- IH35/RESTERS PARCEL 4 CROSS I Nc WILLIAMSON