R-2017-4376 - 4/27/2017 RESOLUTION NO. R-2017-4376
WHEREAS, the City desires to purchase right of way necessary for the RM 620 Widening
Project, and said tracts ("Property") are described as follows: All of that certain 0.176-acre parcel of
land(Parcel 17) and all of that certain 0.115-acre tract of land (Parcel 17R), and
WHEREAS, Penny A. Lackey and Tina D. Lackey, the owners of the Property, have agreed to
sell said Property to the City,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Penny A. Lackey and Tina D. Lackey, 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 27th day of April, 2017.
ALA GRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1704;00376695
EXHIBIT
„A»
REAL ESTATE CONTRACT
RM 620 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between PENNY A.
LACKEY and TINA D. LACKEY, (referred to in this Contract as "Seller", whether one or more)
and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the
terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the tract(s) of land described as follows:
All of that certain 0.176 acre (7,678 square foot) parcel of land situated in the J.M.
Harrell Survey, Abstract No. 284, in Williamson County, Texas; said 0.176 acre
parcel of land being more fully described by metes and bounds in Exhibit "A",
attached hereto and incorporated herein Parcel 17); and
All of that certain 0.115 acre (4,999 square foot) tract of land situated in the J.M.
Harrell Survey, Abstract No. 284, in Williamson County, Texas; said 0.115 acre
tract of land being more fully described by metes and bounds in Exhibit `B",
attached hereto and incorporated herein(Parcel 17R);
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described herein not
otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions,
and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the portion of the Property and the acquisition of any
improvements on the portion of the Property described in Exhibit "A", shall be the sum of TWO
HUNDRED THOUSAND and 00/100 Dollars ($200,000.00).
00375337.DOC
2.02. The Purchase Price for the remaining portion of the Property and the acquisition of
any improvements on the remaining portion of the Property of Seller which is described in Exhibit
"B", shall be the sum of FIVE THOUSAND and 00/100 Dollars($5,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the Closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof,
4.02. The Property herein is beingconveyed to Purchaser under threat of condemnation.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Capital Title Company on or before May
31St, 2017, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10
days after the completion of any title curative matters if necessary for items as shown on the Title
Commitment or in the contract(which date is herein referred to as the"Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the State of Texas a duly executed and acknowledged Deed conveying good
and indefeasible title in fee simple to all of the Property described in Exhibit "A", and deliver to
the City of Round Rock a duly executed and acknowledged Deed conveying good and
indefeasible title in fee simple to all of the remaining property of Seller described in Exhibit `B",
both free and clear of any and all liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached
hereto. The Deed to the City of Round Rock shall be in the form as shown in Exhibit "D" attached
hereto.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring each
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
3
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed"Not Yet Due and Payable".
(3) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property acquired in
fee simple shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. If
the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of
taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest
assessed valuation. Agricultural roll-back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
4
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
5
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
[signature pages follow]
6
SELLER:
Address: 11707 Vance Jackson Rd.,#715
Penny A. Lackey San Antonio, Texas 78230
Date:
SELLER:
Address: 2426 Willow Way
Tina D. Lackey Round Rock, Texas 78664
Date:
7
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Alan McGraw, Mayor Round Rock, Texas 78664
Date:
8
Reissued: 12/04/15
�� 1 �4
�
EXM|B|T ��
County: Williamson
Highway: R� M,O2O
Limits: DeepwoodDr.bo|H35
CSJ: 0683'01'092
PROPERTY DESCRIPTION FOR
PARCEL1r
DESCRIPTION 0FAO176ACRE FOOT) PARCEL DFLAND SITUATED |NTHE J.M. HARRELL
SURVEY, ABSTRACT NO. 284. IN VV|LL|NNSON C0UNTY, TEXAG, BEING PORTION OF LOT 24 OF THE
LITTLE OAK ADDITION GU8D|N80N RECORDED IN CABINET A, SLIDES 350-352 OF THE PLAT RECORDS
OF VV|LL|NNS0N COUNTY TEXAS AND CONVEYED PENNY A. AND TINA D. LACKEY BY INSTRUMENT
RECORDED IN VOLUME 1988. PAGE 583OFTHE OFFICIAL RECORDS UFVV/LL|MSON COUNTY, TEXAS,
SAID 0.176 ACRE (7.678 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS A8FOLLOWS:
BEGINNING FOR REFERENCE atocapped 1/2" iron rod stamped "Inland 4Q33^ set, being the southeasterly corner
of Lot 23 of said subdivision and conveyed N Steven W. Redden and Linda J. Redden by instrument recorded in
Volume 2022. Page 46 of the Official Records of Williamson County.Taxos, being the existing northerly right-of-way
(ROW) line of Glenwood St. (50' ROW width), same being the most southwesterly corner of said Lot 24, 191.41 feet
right n/proposed Ranch toMarket (R.W1>82Obaseline station 489+3D]3. and hnmwhich oY2"iron rod found bears
S07~25'33^Ea/distance o/O.S1feet;
THENCE departing said northerly ROW line of Glenwood 8t. with the easterly boundary line ofsaid � 23. same
beingthewesterly boundary line of said Lot 24, N 07'2633" VVfor a distance of 72.99 feet to a 1/2" iron rod with
TxDOTe|uminum cap so|. 120.91 feet right ufproposed R.M. 820 baseline station 483+1O 10 being the proposed
southerly ROW line of R.M.620(ROW width varies),for the southwesterly corner and POINT OF BEGINNING of the
herein described parcel;
1} THENCE, departing said southerly proposed ROW line ofR.M. 820. continuing with the westerly boundary
line of said Lot 24, same being in pad the easterly boundary line of said Lot 23 and in part the easterly
boundary line of Lot 20 of said subdivision conveyed to Kristine Warren by instrument recorded in Document
No.2004064710 and James A. Warren by instrument recorded in Document No.2008082332 of the Official
Public Records n/Williamson County,Texas. NOT"25'33^VV atadistance uf51.84feet pass the calculated
southeasterly corner of said Lot 20,at a distance of 83.91 feet pass a 3/8"iron rod found and continuing for
a total distance of 84.92 feet to a Calculated point being the northeasterly corner of said Lot 20, same being
the existing curving oouihedy ROW line ofR.M. 020 (ROW width varies), being the northwesterly corner of
said Lot 24.for the northwesterly on/nernfthe herein described pance|�
2) THENCE, departing the easterly boundary line of said Lot 20,with said curving existing southerly ROW line
ofR.M. 620. same being the northerly boundary line of said Lot 24,along a curve to the right,having a delta
angle of 05"00'02". a radius of 1895.92 fnei, on aro |eoy|h of 95.64 fao|, and a chord which bears
3 77"24'38" E for distance of 95.61 feet to aca|cu|atad point being the most northwesterly corner of Lot
25 of said subdivision and conveyed to Bobby C. Owen JR. by instrument recorded in Document No,
2007075259 of the Official Public Records of Williamson County,Texas.same being the most northeasterly
corner ofsaid Lot 24, for the northeasterly corner of the herein described pance|, and from which a TXDOT
Type | concrete monument hound in the northerly boundary line of said Lot 25, eoma being o point of
tangency in said existing southerly ROW line ofR.M. 020 beos, along o curve to the riQh*, having delta
angle of 04~10'58^. a radius of 1085.92 haot, an am length of 80.01 haa(, and a chord which bears
S72^49'88`Efor adistance of8O.00feet;
Reissued: 12/04115
Parcel 17 Page 2 of 4
3) THENCE departing said existing southerly ROW line of R.M.620,with common boundary line of said Lot 24
and said Lot 25, S 07°30'40" E at a distance of 0.94 feet pass a 3t8" iron rod found and continuing for a
total distance of 84.45 feet to a '/7" iron rod with TxDOT aluminum cap set, 127.40 feet right of proposed
R.M. 620 baseline station 490+17.88, being said proposed southerly ROW line of R.M. 620, for the
southeasterly corner of the herein described parcel, and from which a capped ''/z"iron rod stamped "Inland
4933"set, in said northerly ROW line of Glenwood St., being the southwesterly corner of said Lot 25, same
being the southeasterly corner of said Lot 24 bears S 07`30'40"E at a distance of 38.12 feet;
4) THENCE, departing the westerly boundary line of said Lot 25, with said proposed ROW line of R.M. 620,
through the interior of said Lot 24, N 77°42'08" W for a distance of 95.57 feet to the POINT OF
BEGINNING,containing 0.176 acres(7,678 square feet)of land,more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description
is true and correct to the best of my knowledge and belief and that the property described herein was determined by
a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
M. Stephen TruesdaI6 Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor
Inland Geodetics, LLC
OF
Firm Registration No: 100591-00 '. ��`•"'
1504 Chisholm Trail Road, Suite 103 tri�.�a. CaA.
��'•. yw
Round Rock,TX 78681 „�' �:
;1 M STE"N TRUESDALE
i ,aRgtsas.��.e.ereri+...aw.a.Me '
% 4933
sst
"•*aeras*"
Sttj
EXHIBIT ,A ,
PLAT TO ACCOMPANY PARCEL DESCRIPTION Relssuedl12/04/15
PAGE
3 OF 4
N.UMB.ER.--.. .-DELTA RADIUS LENGTH CHORD CHORD BEARING
CI 05'00'02" 1095. 92' 95. 64' 95. 61 ' S77'24' 38"E
(C1 ) {95. 7' )
C2 04* 10' 58" 1095, 92' 80.01 , 80. 00, S72* 49'08"E
(C2) (80, 3' ) 1
N
PROPOSED R.M. 620 BASELINE
PI STATION 490.55.90
DELTA 72' 57' 22* (RT)
DEGREE OF CURVE = 02* 02' 47'
TANGENT 566.55
LENGTH 1121.85 SrtNG
RAD 0.W.
2800.00 0 w
IUS
PC STATION 484-87.35 0 25 50
P PT STATION 496.09-10 R. A4 -
P.
C P.
I* P. W.
x.31280 .250 X-3128633.6335 x.3129jr,2,538i 62()
Y=1016083.5944 Y-10160827.7278 Y-10160619. 1340 "Ries)
490,00
SEE DETAIL '8" SE6 R.A4. 620 a
ASE49, 0()
L–,—N
E
KRISTINE'!WARREN
DOC— No- 2004064710
' JAMES A. WARREN LOT 20 (CI) SEE DETAIL 'c
DOC. No. �2008082332
O. P.R. W, C. T.
@
EXIS c
0 76,A
7,678 $0. T.
0
cs
I C
L, Ln
LA
0 LOT 25
CJ
LOT 23
bra LOT 24 BOBBY C. OWE N, JR5
(A rn
DOC; No20070 5259
LITTLE OAK'zADDITION 7
CAB. A, SL. 350-352'•, rn 0.P.R.W. C,
P.R.W.C.T. IV77
P.6. 13.
I L" Ln SIA. 490-1-1.68
PARCEL 17 g'`'+..08
S., 08�W
STA. 489- a. 10 127.40' RT
z
0 P
T OSEJ) C
120.91' RT RO
LOT 22
PENNY A. LACKEY, R,0.
T I NA D. LACKEY�
, PG. S07* 30'40'E
STEVEN W. REDDEN VOL, 1989, 563
L4 0.R.W.C.T. 38. 12'
AND�, L I NDA J.
REDDEN
VOL. 2022, PC 46 EXISTING
0.R.W. C. T.'
(S7 W 0' ) SEE DETAIL
SEE DETAIL—A'
P. 0. R. GLENWOODl ST
'50,
PARCEL 17 ER
STA 48%36. 13
191:41' T F%tST
------------
R. A4. 620 ILOT 2
40" R. A4. L(
LOT 23 �?j S07* l-'O'4O`E CLOT24'I!NLAN
620 S f 4933"
INLAND Sl ING E)(IS T,"G
ND
�'4933R. ROW 0. O-)N-
o507* 30' 40"E
S( 3
S07'25' 33 E LOT 24
P. O. R. S07' 25' 33"E % 1. 40'
0191 , LOT 20 1. 01 , LOT 25 GL FNWOOD ST-
GLENWOOD
DETAIL "A'; DETAIL "B" DETAIL "C" DETAIL "D"
N. T. S. N. T. S. N. T. S. N. T. S.
ix PARCEL PLAT SHOWING PROPERTY OF
INLAND I AM*
U,u PENNY A. LACKEY ArTexas Department of 7)wanspartation
GEODETICS , _
PROFESSIONAL LAND SURVEYORS TINA D. LACKEY
1504 CHISHOLM TRAIL.RD.STE,103 COUNTY PARCEL 17
PH,IS 12)238-1200,FAX IS 12)238-1251 50 0683-01-092 RM 620 -lWILL IAMSON
ROUND ROCK,TX.78681 SCALE CSJ :1 PROJECT
EXHIBIT ,,.A-,,
PLAT TO ACCOMPANY PARCEL DESCRIPTION Re 1 ssued= 12/04/1
PAGE 4 OF 4
LEGEND
■ TXDOT TYPE I CONCRETE MONUMENT FOUND R PROPERTY LINE
I] %2" IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION
TO BE REPLACED BY TYPE II MONUMENT LINE BREAK
Q TXDOT TYPE II CONCRETE MONUMENT FOUND N LAND HOOK
P.O. B. POINT OF BEGINNING
0 111z" IRON ROD FOUND UNLESS NOTED P.O. R. POINT OF REFERENCE
Q 1/2° IRON ROD FOUND W/PLASTIC CAP N.T. S. NOT TO SCALE
D. R.W.C.T. DEED RECORDS
0 COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O. R.W. C. T. OFFICIAL RECORDS
A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS
O.P. R.W.C. T. OFFICIAL PUBLIC RECORDS
A CALCULATED POINT WILLIAMSON COUNTY, TEXAS
C) '12" IRON ROD W/ ALUMINUM CAP P.R.W.C. T. PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
1) Ail bearings shown hereon are based on grid bearing. All distances are surface distances. CoordInotes
are surface values based an the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1027, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 21, 2014, ISSUE DATE
JANUARY 30, 2014.
1. RESTRICTIVE COVENANTS, CABINET A, SLIDE 250 (ACTUAL SLIDES 350-352), PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, SUBJECT TO.
IOE. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENT FILED UNDER VOLUME 234, PAGE 134, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED.
F. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENTFILED UNDER VOLUME 299, PAGE 385, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED.
Ilk,
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECTq*t ''
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT ¢ •..+�..�.,,
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A M STH
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND ". m ..�..
SUPERVISION. 4
ev"44LLt-4-t - ' rSU
M. STEPHEN TRU SDALE DATE=
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES --SGU-AAr FEET
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC ACQUISITION 0. 176 7,678
FIRM REGISTRATION NO. 100591-00 CALCIDEEO AREA (},291 12,677
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681 REMAINDER AREA 0, 115 4,999
PARCEL PLAT SHOWING PROPERTY OF
LPROFESSIONAL
ANDu I
D ET I CS
PENNY A, LACKEY 'Texas department of Transportation
LAND SURVEYORS TINA D• LACKEY ._
_........-..___._....__...._.....OLMTRAILR0.STE.103 SCALE CSJ PROJECT PARCEL ( 7
ROCK,TX.786$1 COUNTY-1200,FAX(512)238-1251 pei , = 50 0683-01-092 RM 620 WILLIAMSON
Page BE�H|B�T�~`
County: Williamson
Parcel : Lookav
Highway: R� [N� 62O
PROPERTY DESCRIPTION FOR PENNY AND TINA LACKEY
DESCRIPTION OF A 0.115 ACRE (4,999 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
THAT CALLED LOT 24 OF THE LITTLE OAK ADDITION SUBDIVISION RECORDED IN CABINET A,
SLIDE 350-352 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO
PENNY A. AND TINA O. LACKEY BY INSTRUMENT RECORDED IN VOLUME 1989. PAGE 583 OF
THE OFFICIAL RECORDS OFVV|LL|KXSON COUNTY, TEXAS, SAID O.115ACRE (4.QQQSQUARE
FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a capped 1/2^ iron rod marked "Inland 4933~ met in the existing northerly right-of-way
(ROW) line of Glenwood SL (50' ROW vwdth), being the ooutheasiady comer of Lot 23 of said
oubdivision, same being the Most Southwesterly corner ofsaid Lot 24, for the southwesterly comer and
POINT OF BEGINNING of the herein described tract and from which a 1/2^ iron rod found bears
S07"25'33^ Eata distance ofO.Q1 feet;
1) THENCE, departing the northerly ROW line of said Glenwood St_ with the easterly boundary line
of said Lot 23, same being the westerly boundary line of said Lot 24. N 07"25'33" VVfor o
distance of?2.89feet bok2" iron rod with TxD0Taluminum cap set, 120.91 feet right ofproposed
R.M. 620 baseline station 489+18.10, inthe proposed southerly ROW line ofR.N1. 620 (ROW
width vahas). for the northwesterly corner ofthe herein described tract;
2) THENCE, departing the easterly boundary line ofsaid Lot 23. with said proposed aou(hedy ROW
line of R.M. 820. through the interior ofsaid Lot 24, S 77042'08" E for distance of 95.57 feet to
}{^ iron rod with TxODT aluminum cap set. 127.48 haot right of proposed R.M. 620 baseline
nbyUon 490+17,88. being the westerly boundary line ofLot 25 of said subdivioion, name being the
easterly boundary line of said Lot 24, for the northeasterly corner of the herein described tmnt�
3) THENCE, departing said proposed ROW line, with the common buundary line of said Lot 24 and
said Lot 25, S 07"38'4U" E for a distance of 38.12 Meet to a capped Y2^ iron rod marked "Inland
4933^ set in the northerly ROW line of said Glenwood SL, being the southwesterly corner of said
Lot 25, same being the southeasterly corner of said Lot 24, for tile Southeasterly corner ofthe
herein described tract and from which o }{^ iron rod found bears S 07"30'401; E etodistance of
Parcel: Lackey Page 2uf4
4) THENCE, with the existing northerly RQVV line of said Glenwood 8(., same being the southerly
boundary line of said Lot 34. S @0"S4'34'^ VV for e distance of 80'06 feet to the POINT OF
BEGINNING,containing U.115acre(4.0QQsquare feet)ofland, more orless.
This property description isaccompanied byaseparate parcel plat,
All bearings recited herein are based on the Texas State Plane Coordinate Sysbam, Central Zone No.
4203. NAD 83.
THE STATE OF TEXAS§
§ KNOW ALL MEN 8YTHESE PRESENTS,
COUNTY OFVV|LL|AK8SON §
That |. M. Stephen Tmeuda|e. 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 Rook, Williamson County, Texas.
EXHIBIT B ,
PLAT TO ACCOMPANY PARCEL DESCRIPTION 09/27/16
PAGE 3 OF 4
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
C 1 05*00'02 1095.92' 95. 64' 95. 61 ' S77*24' 38"E
(CI }....... (95. 7' } F I
PROPOSED R.U. 620 BASELINE N
P1 STATION 490 55.90
DELTA 22' 57' 22' (RT)
DEGREE OF CURVE 02' 02' 47*
TANGENT 568.55 eX'SrlA
LENGTH 1121.85
RAD IU5 2800.00
PC STATION 484x87.35 0 25 50
P C PT STATION 496:09.20 R. A4.
P. 0.
P.
X=I* . 12916;' 620
Y z *12sor,5.2590 P'3128633.6335 5381 DTH
10160813.5144 Y=10160827.7278 Y�10160619. 1340sa 50'
49p00
SEE DETAIL '9* PR opc)stj) 49,.()o
R. 620 B
LOT 20 (Cry SEE DETAIL 'C'ExIsr
,Sr
lAfG
PENNY A. LACKEY �: i u)
R,
T I NA D. LACKEY
VOL. 1989, PG. 563
O. R.W. C. T. 1 w LOT 25
c�
LOT 23
LOT 24
LITTLE OAK' ADDITION uj rn
CAB. A, SL. 350-352 rn Fn I�aD
P.R.W.C. T.
9
9 STA. 490-17.68
STA, 489�-Io 10 c� - 57,1 127.4W RT
120.91' FIT PROPOS LOT 22 'tD
i I . 0.g.
0. 115 4C.
LA 4,999 SO. FT. —S07*30' 40"E
38. 12' -q
co
—cy.I
'06,
S80.54'3 go.06,SEE DETAIL *D,
(S7 t v 9o'
SEE DETAIL *A*
G-L`E-N�NOOD ST'
o' fl.
P. 0. B.
P3
STA. 469-38, 1
191.41' RT ZXIS-IING
620
LOT 25
R OT 42
620) LOT 2��'INLAND
!11 L913 3
0'
LOT 23 SO7130' 40"EE LOT I!ILAND
Nr
620 E'r s 7 _f 1933
'r lorts7l R: ), s I, G
INLAND ort It— 0. 94, 51
4933' R. NQ .9 0.
S 7
0, 0.
LOT
S07' 30' 40':E
S07"25- 3 LOT 24 3/
P. 0. B. ....... 0.91 , 3"E LOT 20 15071 25' 33 E L6OT 25L( 01 , GLENWOOD ST.
ST�
GLFN\NoOD
DETAIL "A" DETAIL "B' DETAIL 'C" DETAIL "D"
N. T. S. N. T. S. N. T. S. N. T. S.
LFiw -6 PARCEL PLAT SHOWING PROPERTY Of
INLANDu
GEODETICS ' PENNY A. LACKEY
NA
SIO
E-';
PR2F�?�L LANE)5URVEYORS TINA D. LACKEY 0. 1 15 AC.
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78681 SCALE PROJECT COLINTY 4, 999 SO. FT.
Ot
PH.512)238-1200,FAX(512)238-125) 1 = 50 RM 620 I-w'I LL I AMS,)N
EXHIBIT "L "
PLAT TO ACCOMPANY PARCEL DESCRIPTI®N 09/27/16
PAGE 4 OF 4
LEGEND
■ TXDOT TYPE I CONCRETE MONUMENT FOUND R PROPERTY LINE
0 1/2" IRON ROD SET W/ TXDOT ALUMINUM CAP { } RECORD INFORMATION
TO BE REPLACED BY TYPE II MONUMENT LINE BREAK
I!] TXDOT TYPE II CONCRETE MONUMENT FOUND (V LAND HOOK
P.O. B. POINT OF BEGINNING
0 I/2" IRON ROD FOUND UNLESS NOTED P.O. R. POINT OF REFERENCE
O i/2" IRON ROD FOUND W/PLASTIC CAP N.T. S. NOT TO SCALE
D. R.W.C. T. DEED RECORDS
0COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS
X X CUT FOUND O. R.W. C. T. OFFICIAL RECORDS
60/1) NAIL FOUND WI1A..IAMSON COUNTY, TEXAS
II CALCULATED POINT O.P.R.W.C. T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
0 1/2" IRON ROD W/ ALUMINUM CAP P. R.W.C. T. PLAT RECORDS
STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
I) All bearings shown hereon are based on grid bearing. All distances ore surface distances. Coordinates
are surface values based on the Texas State Plane Coordinate System, NAD 83. Central Zone using o combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1027, ISSUED BY TEXAS AMERICAN TITLE COMPANY, F:FFF,CTIVE DATE JANUARY 21, 2014, ISSUE DATE
JANUARY 30, 2014.
1. RESTRICTIVE COVENANTS: CABINET A. SLIDE 250 (ACTUAL SLIDES 350-352), PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, SUBJECT 10.
IOE. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENT FILED UNDER VOLUME 234, PAGE 134, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED.
F. AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY
INSTRUMENT FILED UNDER VOLUME 299, PAGE 365, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT r•..
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A
SURVEY MADE ON THE GROUND UNDER MY DIRECTION ANDcc3
SUPERVISION. '*„"� *"•.
C'tA .ON
�
V, int STEPHEN TRUESDALEr
"'~ iit<f},oii##t WCsitt4t,Ypi�t�
✓ {' , 4933
M. STEPHEN TR SDALE DATE,
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODET I CS, LLC � �'
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
PARCEL PLAT SHOWING PROPERTY OF
t N L E N [7 PENNY A. LACKEY
cEc�DETics TINA Q. LACKEY C}. 1 15 AC.
PROFESSIONAL LAND SURVEYORS
150 CCHISHOLMTRAILRD.STE.103 u:CALE PROJECT 4. 979 SQ. FT.
ROUND ROCK,TX.78681 COUNT Y
PH.(512)238-1200,FAX(512)238-1251 ( " 50 RM 620 V'1 I LL I AMSON
EXHIBIT "C"
Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the
following information from this instrument before it is filed for record in the public records: your
Social Security Number or your Driver's License Number.
a
m.u.
Form ROW-N-14
(Rev.07/13)
Page 1 of 4
DEED
RM 620 Right of Way
TxDOT ROW CSJ: 0683-01-092
TxDOT Parcel No.: 17
Grantor(s),whether one or more:
Penny A. Lackey and Tina D.Lackey
Grantor's Mailing Address(including county):
Penny A. Lackey Tina D. Lackey
11707 Vance Jackson Rd.#715 2426 Willow Way
San Antonio,Texas 78230 Round Rock,Texas 78664
Bexar County Williamson County
Grantee:
The State of Texas,acting by and through the Texas Transportation Commission
Grantee's Authority:
The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land
and such other property rights(including requesting that counties and municipalities acquire highway right of
way) deemed necessary or convenient to a state highway or turnpike project to be constructed,reconstructed,
maintained, widened, straightened, or extended, or to accomplish any purpose related to the location,
construction, improvement, maintenance, beautification, preservation, or operation of a state highway or
turnpike project.
The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203
to acquire or request to be acquired such other property rights deemed necessary or convenient for the
purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the
flow of traffic and promote the public safety and welfare on both non-controlled facilities and designated
controlled access highways and turnpike projects.
Grantee's Mailing Address(including county):
Texas Department of Transportation
Attn: Right of Way Administrator
7901 N.IH 35
Austin,Texas 78761
Travis County
* N1 4*
Form ROW-N-13
(Rev.07113)
Page 2 of 4
Consideration:
The sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration to Grantor in hand
paid by the City of Round Rock,receipt of which is hereby acknowledged,and for which no lien is retained,
either expressed or implied.
Property:
All of that certain tract or parcel of land in Williamson County, Texas,being more particularly described in
the attached Exhibit A(the"Property").
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made by Grantor and accepted by Grantee subject to the following:
1. Visible and apparent easements not appearing of record.
2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any
overlapping of improvements which a current survey would show.
3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property,but only to the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and
assigns,to take and use all other minerals and materials thereon,therein and thereunder.
Grantor is retaining title to the following improvements ("Retained Improvements") located on the
Property,to wit: NONE.
GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's
successors and assigns forever. Grantor binds Grantor and Grantor's heirs,successors and assigns to Warrant
and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against
every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
This Deed is being delivered in lieu of condemnation.
EXECUTED on the date(s)of acknowledgement indicated below.
Form ROW-N-13
(Rev.07/13)
Page 3 of 4
GRANTOR:
Penny A. Lackey
Acknowledgement
State of Texas
County of
This instrument was acknowledged before me on 2017 by
Penny A. Lackey,in the capacity and for the purposes and consideration recited herein.
Notary Public—State of Texas
Forth ROW-N-13
(Rev.07/13)
Page 4 of 4
GRANTOR:
Tina D.Lackey
Acknowledgement
State of Texas
County of
This instrument was acknowledged before me on 2017 by Tina
D. Lackey,in the capacity and for the purposes and consideration recited herein.
Notary Public—State of Texas
EXHIBIT "D"
DEED
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That PENNY A. LACKEY and TINA D. LACKEY, hereinafter referred to as Grantor,
whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the
receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained,
either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell
and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land
lying and being situated in the County of Williamson, State of Texas, along with any
improvements thereon (the "Property"), being more particularly described as follows:
All of that certain 0.115 acre (4,999 square foot) tract of land situated in the J.M. Harrell
Survey, Abstract No. 284, in Williamson County, Texas; said 0.115 acre tract of land
being more fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein(Parcel 17R)
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the Property conveyed herein, to wit:
None.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
00375338.DOC/dc
TO HAVE AND TO HOLD the property herein described and herein conveyed together with
all and singular the rights and appurtenances thereto in any wise belonging unto City of Round
Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto City of Round Rock, Texas and its assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2017.
GRANTOR:
Penny A. Lackey
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2017 by Penny A. Lackey, in the capacity and for the purposes and consideration recited
therein.
Notary Public, State of Texas
2.
GRANTOR:
Tina D. Lackey
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2017 by Tina D. Lackey, in the capacity and for the purposes and consideration recited therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.