Loading...
R-07-08-23-15D1 - 8/23/2007 RESOLUTION NO. R-07-08-23-15D1 WHEREAS, the City desires to purchase a 0 . 039 acre tract of land for additional right-of-way for the I35/Hesters Crossing improvement project, WHEREAS, Capital Fast Foods, 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 Capital Fast Foods, Ltd. , for the purchase of the above described property, in the form substantially as 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 23rd day of August, 2 W Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secret y 0:\wdox\RESOLUT:\R70823D1.WPD/dc Hesters—parcel 2 REAL ESTATE CONTRACT EXHIBIT I35/Hesters Crossing Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CAPITAL FAST FOODS, 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 a 0.039 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 2). Access will not be denied to Seller's remaining property. 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 THIRTY EIGHT THOUSAND TWO HUNDRED SIXTY THREE and 00/100 Dollars ($38,263.00). Additional Compensation 2.02. In addition to the Purchase Price the Purchaser shall also pay the amount of ONE HUNDRED ELEVEN THOUSAND TWO HUNDRED EIGHTY EIGHT AND 60/100 Dollars ($111,288.60.60) as compensation for the purchase, replacement, reconfiguration and/or relocation of any improvements within the Property and for any damages to the remaining property. O:\W DOX\CORK\transprt\ih35hesters\parcel2\CONTRACT\00119879.DOC Payment of Purchase Price 2.03. The Purchase Price and Additional Compensation shall be payable in cash at the closing. Special Provisions 2.04. As an obligation which shall survive the closing of this transaction, in order to allow Seller additional time to construct reconfigurations to the remaining property Seller agrees that it shall not commence its roadway construction or remove any of the existing restaurant facility improvements of Seller which are on the Property purchased herein until on or after October 26, 2007. Seller acknowledges and understands that utility relocations may occur prior to that date within existing utility easements which are on the remaining property. 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. 2 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 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 August 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 interest in 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 3 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. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price and the additional compensation. 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 osts 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 4 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. 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 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. 5 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. 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. 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. 6 SELLER: CAPITAL FAST FOODS, LTD. By: Address: Its: Date: PURCHASER: CITY OF ROUND ROCK By: Nyle Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 7 DATE: August 16, 2007 SUBJECT: City Council Meeting - August 23, 2007 ITEM: 15D1. Consider a resolution authorizing the Mayor to execute a Real Estate contract with Capital Fast Foods, Ltd. for the purchase of right-of-way necessary for construction of the I35/Hesters Crossing expansion project. Department: Legal Staff Person: Steve Sheets, City Attorney Justification: The proposed contract is for the purchase of a 0.039 acre fee simple tract along the frontage of property owned by Capital Fast Foods, Ltd. in connection with the I35/Hesters Crossing expansion project. This acquisition is going to impact the Burger King drive through and parking operations. In addition, there is going to be extensive reconfiguration of the remainder required to restore the proper function of the restaurant. The appraised fair market value of the needed right- of-way and cost to cure is approximately $137,500.00. This includes approximately $37,500 for the land, and approximately $100,000.00 for improvements and reconfiguration of the remainder, which were estimated by the roadway design engineers. The landowners provided slightly higher cost estimates for moving the signage and light poles from a contractor who is willing to do the work, resulting in a value of $111,288.00 for the reconfiguration. These estimates were used in the current contract. Funding• Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The I35/Hesters Crossing expansion project will decrease congestion at this intersection. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS Hesters—parcel 2 REAL ESTATE CONTRACT I35/Hesters Crossing Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CAPITAL FAST FOODS, 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 a 0.039 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 2). Access will not be denied to Seller's remaining property. 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 THIRTY EIGHT THOUSAND TWO HUNDRED SIXTY THREE and 00/100 Dollars ($38,263.00). Additional Compensation 2.02. In addition to the Purchase Price the Purchaser shall also pay the amount of ONE HUNDRED ELEVEN THOUSAND TWO HUNDRED EIGHTY EIGHT AND 60/100 Dollars ($111,288.60) as compensation for the purchase, replacement, reconfiguration and/or relocation of any improvements within the Property and for any damages to the remaining property. C:ADocuments and Settings\David Blair\Local Settings\Temporary Internet Files\OLKCE\BK(2)--Real estate contract—Hesters(DC 8-9-07 clean) (001 19879)(2).DOC R-©7• os-a3 - 15 D Payment of Purchase Price 2.03. The Purchase Price and Additional Compensation shall be payable in cash at the closing. Special Provisions 2.04. As an obligation which shall survive the closing of this transaction, in order to allow Seller additional time to construct reconfigurations to the remaining property Seller agrees that it shall not commence its roadway construction or remove any of the existing restaurant facility improvements of Seller which are on the Property purchased herein until on or after October 26, 2007. Seller acknowledges and understands that utility relocations may occur prior to that date within existing utility easements which are on the remaining property. 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. 2 �y 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 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 August 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 interest in 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 3 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. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price and the additional compensation. 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 4 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. 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 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. 5 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. 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. 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. 6 SELLER: CAPITAL FAST FOODS, LTD. By: -'s��' L Address: Its: � T Dater f PURCHASER: CITY OF ROUND ROCK By: yle Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 8 a3 7 Page 1 of 5 EXH I BIT g_ County: Williamson Parcel No.: 2 Highway: I.H. 35 Limits: From: Nesters Crossing Road (Along La Frontera Development) To: Sundance Parkway CSJ: 0015-09- PROPERTY DESCRIPTION FOR PARCEL 2 DESCRIPTION OF A 0.039 ACRE (1,712 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, RESUBDIVISION CHISHOLM VALLEY SOUTH SECTION FIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET G, SLIDE 178 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY CONVEYED TO CAPITAL FAST FOODS, LTD. BY INSTRUMENT RECORDED IN DOCUMENT NO. 2000078717 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.039 ACRE (1,712 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 with plastic cap, 380.24 feet right of proposed I.H. 35 southbound frontage road baseline station 1422+93.83, being the southwesterly corner of Lot 1, Chisholm Valley South Section 2 according to the plat thereof recorded in Cabinet E, Slides 1-2 of the Plat Records of Williamson County, Texas, and an interior ell comer in the northerly boundary line of Lot 1, of said Resubdivision Chisholm Valley South Section Five; THENCE, with the common boundary line of said Lot 1, Chisholm Valley South Section 2 and said of Lot 1, Resubdivision Chisholm Valley South Section Five, N 85027'28" E for a distance of 345.92 feet to a found TxDOT Type I concrete monument in a Control of Access Line in the existing westerly right-of-way line of I.H. 35 (right-of-way width varies), 60.84 feet right of proposed I.H. 35 southbound frontage road baseline station 1424+23.71, being the southeasterly corner of said Lot 1, Chisholm Valley South Section 2 and the most northeasterly corner of said Lot 1, Resubdivision Chisholm Valley South Section Five, from which a set 1/2" iron rod with TxDOT aluminum cap stamped C.O.A. in the easterly boundary line of said Lot 1, Chisholm Valley South Section 2, same being said existing westerly right-of-way line of I.H. 35, being the beginning of said Control of Access Line, bears N 16°43'41°W, a distance of 31.84 feet; THENCE, with in part, the easterly boundary fine of said Lot 1, and in part, the easterly boundary line of Lot 2 of said Resubdivision Chisholm Valley South Section Fig P, same being said existing westerly right- of-way line of I H. 35, S 34022'35" E, passing at a distance OT 137.46 feet, a set 1/2" iron rod with TxDOT aluminum cap stamped C.O.A., being the end of said Control of Access Line, and continuing for a total distance of 242.68 feet to a set TxDOT Type II monument, 16.50 feet right of proposed I.H. 35 southbound frontage road baseline station 1426+65.68, being the most northerly corner and POINT OF BEGINNING of the herein described tract; THENCE, continuing with the easterly boundary fine of said Lot 2, Resubdivision Chisholm Valley South Section Five and said existing westerly right-of-way line of I.H. 35, the following two(2) courses: 1) S 34022'35" E for a distance of 70.66 feet to a calculated point, being an angle point in the easterly boundary line of the herein described tract; 2) S 22056'41' E for a distance of 143.95 feet to a calculated point, being the southeasterly corner of said Lot 2, Resubdivision Chisholm Valley South Section Five and the northeasterly corner of Lot Il, 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, and being the southeasterly corner of the herein described tract, from which a found 1/2" iron rod with plastic cap bears S 85°33'00" W, 2 distance of 0.86 feet; PARCEL 2 Page 2 of 5 3) THENCE, departing said existing westerly right-of-way line of I.H. 35, with the common boundary line of said Lot 2, Resubdivision Chisholm Valley South Section Five and said Lot ll, La Frontes Sections I & II (Replat), S 8533'00" W for a distance of 7.12 feet to a set 112" iron rod with TxDOT aluminum cap in the proposed westerly right-of-way line of I.H. 35, 16.50 fee? right of proposed I.H. 35 southbound frontage road baseline station 1428+76.71, being the southwesterly corner of the herein described tract; 4) THENCE, departing said common boundary line; through the interior of said Lot 2, Resubdivision Chisholm Valley South Section Five, with the proposed westerly right-of-way line of I.H. 35, N 2454152" W for a distance of 211.08 feet to the POINT OF BEGINNING, containing 0.039 acres (1,712 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 describes; 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. Step en Tru sdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor p Inland Geodetics, L.P. �.'� .�•�•• c�' 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 M. STEPHEN TRUESDALE 49'�"•""R""• PARCEL-2.doc March 13, 2007 V10 SUR EXHIBIT " PLAT TO ACCOMPANY PARCEL DESCRIPTION Ll 2 © N o - - LINE 425`00 SE 0 25 50 ROAD BF •� .n " = 50' Yi -wINTE- TE 5a2EH ' a2 S.OLITHBOUND FRONTAGE` ROAD X2' 5 _��� rrn r (R. O. w; WIDTH DTH VARIES) -1-424 23,77-- -. ..--- -`, �;.-- -LA Z CN I S°2 W 1025.0' ) 60.84-'. RT—�. —-- !-'1(TT - — -- — 3= — m O m _ _ Z 4 STAIAPED i N C.0.A- b. m 423"92.39 N rn 55.09' RT _ LTA A ,. 0 i •- _. l LOT I CHISHOLM VALLEY SOUTH SECTION 2 LOT I CAB. E, SLD. 1 -2 v;` RESUBDIVISION P.R.W. C.T. CNISHOLM VALLEY SOUTH SECTION FIVE 4' CAB. C, SLD. 178 w F.R.W.C. T. nf. . P GO:z P. 0. R. PARCEL 2 / 1422193.83 380.24' RT- - RAISE 3 CF 5 PARCEL PLAT SHOWING P.ROPERTY OE �Te I N L A N ED xas DepoilmeN of Tiansport�lon GEODEEj-ICS r CAPITAL FAST FOODS, LTD. Z°°' PROFESSIONAL LAND SURVEYORS 1504 CHISOLY TRAIL RD. SUITE 103 ROUND ROCK, Ti. 78681 SCALE CSJ = PROJECT COUNTY PIL 05121 236.1200,FAT 1512!236-1251 = 50' OG S-DG- i H35/NESTERS PARCEL 2 _JlrjCROSSING W I L'L AMSON EXHIBIT " PLAT TO ACCOMPANY PARCEL DESCRIPTION s 3 0 25 50 = 50' J o m. r APPROXIMATE ORIGINAL SURE 35 N — INTERSTATE ROAD ---- FRONTAGE -.N - - SOUTHBOUND W 14TH VAR I E.S) < �S 21 34'01. E g7T.26' a 142°J� c R. O.W• SEE CEfAIL '-A! S.2—Z L I 7.k`• _ _ 142&-00 3�FR�.7diAGE R(�"'9A- l > QZ.625 .= N 2q• 5 , W 21 1,^OS' —1428-76.7i 16.50' RT 2 1 3 a 2? P. O. S.o? 1 -o-0-3-9 AC. ,712 S0. FT, 6� PARCEL 2 / ._ / ' 1426-65.68 16.50' RT -STAAAPEO = CAPITAL FAST _ C.O.A.' 1425.63.80 FOODS, LTD. OD 39.77' PT DOC. NO. 2000078717 0. P.R.W. C. T. cn - _- r„ o r I LOT 2 RESUBDIVISION m r CHISHOLM VALLEY SOUTH v o 0 z �� ;` SECTION FIVE co a rn CAB. G, SLD. 178CDi.i P.R.W. C. T. -•1 L/I z m LA A f*1 ? rn Ln L„1 - LOT I �-� LA FRONTERA 2s / SECTIONS I & I ! (REPEAT) CAB. n SLD. 292 & 293 ( P.R.W. C. T. LOT I - RESUBDIVISION I CHISHOLM VALLEY SOUTH SEC71ON FIVE CAB. G, SLD. 178 P.R.W. C. T. PAGE 4 CF 5 PARCEL PLAT SHOWING PROPERTY OF I N L A N D Texas Deportment of Tronsportation GEODETICS P CAPITAL FAST FOODS. LTD. PROFESSIONAL LAND SURVEYORS 1504 CHISOLV TRAIL RD. SUITE 103 ROMD ROCK, TX. 78681 SCALE CSJ r PROJECT COUNTY m Isar,2�8 12M fAX t512 238.1251 i , = 50' 0015-09- Has HEsrERs PARCEL 2 CRoss!Nc WI ILL IAMSON L ; EXHIBIT " PLAT TO ACCOMPANY PARCEL DESCRIPTION LEGEND ■ TYPE I CONCRETE MONUMENT FOUND %2 " IRON ROD FOUND (UNLESS NOTED OTHERWISE ) TO BE REPLACED BY TYPE II MONUMENT SET (] TYPE II MONUMENT SET • 1/2 IRON ROD FOUND O 1/2 IRON ROD FOUND W/PLASTIC CAP O 1/2 IRON PIPE FOUND O 1/2 IRON ROD SET W/ TXDOT ALUMINUM CAP ® PK NAIL FOUND a RAILROAD SPIKE FOUND ® COTTON GIN SPINDLE SET 0 COTTON GIN SPINDLE FOUND 2•, CALCULATED POINT I Ire CENTER LINE E PROPERTY LINE ti S 85°33'00" W I ) RECORD INFORMATION �' 0.86' �— LINE BREAK 1� LAND HOOK LOT 2 LOT ' P. 0. B. POINT OF BEGINNING DETAIL 'A` P,0. R. POINT OF REFERENCE 414 N. T. S. NOT TO SCALE D. R.W. C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS 0. R.W. C. T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0. P. R.W. C. T. OFF I C!AL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P. R. W. C. T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS III — CONTROL OF ACCESS LINE C. 0. A. CONTROL OF ACCESS NJvBER DIRECTION DISTANCE LI S 34°22'35" E 70.66' L2 S 85'33'OD" W 7. 12' L3 N 16"43'4 I" W 31.84' NOTES-. I) 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 FAC70R 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. HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND J SUPERV I S ON. � / �l M.S I EWIEN TRUcSDALE 493 i M. ST HEN R SDALE DATE 1 py0 �. 1w�1.. � REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933-STATE OF TEXAS � LICENSED STATE LAND SURVEYOR-STATE OF TEXAS S1J41 PARCEL PLAT SHOWING PROPERTY OF PACEscFs N L A N IJ L Texas Derv;r,7en1 of T-onsmrra,'ion GEoAETICs ' CAPITAL FAST FOODS, LTD. © 2003 PROFESSIONAL LAND SURVEYORS 1504 CHISOL4 TRAIL RD. SUITE 103 WMD ROCK, TX. 78681 SCALL CSJ u PROJECT COUNTY F'd 6121 278-1200,FAi F5121 23F-f251 1H35iHESTERS PARCEL 2 caosslNc WILLIAMSON i Titl pate: 05-23-2006 Scale: 1 inch = 50 feet File: PARCEL 2-ROW.des Tract 1: 0.039 Acres: 1712 Sq Feet: Closure=s47.5914e 0.01 Feet: Precision=1!69589: Perimeter=433 Feet 001=S34.2235E 70.66 003=S85.3300W 7.12 i 002=S22.5641E 143.95 004=N24.5452W 211.08 I I I Title: �Date.- 05-02-2006 Scale: I inch = 40 feet File: PARCEL 2 - SKETCH.des 1: 0.039 Acres: 1712 Sq Peet: Closure=s47.5914e 0.01 Feet: Precision=1/69589: Perimeter=433 Feet [Tract 01=S34.2235E 70.66 003=SS5.3300W 7.12 002=S22.5641E 143.95 004=N24.5452W 211.08 I Title: Date: OS-02-2006 Scale: finch = 50 feet File: PARCEL 2 - DES C.des Tract 1: 0,039 Acres: 1712 Sq Feet: Closure=s47.5914e 0.01 Feet: Precision=1/69589: Perimeter=433 Feet 001=534.2235E 70.66 003=S85.3300W 7.12 002=S22.5641E 143,95 004=N24.5452W 211.08