R-01-01-25-10C6 - 1/25/2001 r ,
RESOLUTION NO. R-01-01-25-1006
WHEREAS, in order to prepare for the construction of a
portion of State Highway No. 45, it is necessary to obtain the
right to possession and use of certain property belonging to
Villages at Warner Ranch PUD, L. P. , and
WHEREAS, a Possession and Use Agreement for Transportation
Purposes ("Agreement" ) has been prepared which will grant to the
City the necessary rights, and
WHEREAS, the City Council wishes to approve said Agreement,
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 Possession and Use Agreement for
Transportation Purposes with Villages at Warner Ranch PUD, L. P. , to
grant to the City the necessary rights for the construction a
portion of State Highway No. 45, a copy of said agreement being
attached hereto 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
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and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act .
RESOLVED this 25th day of January, 2001 .
4RO '� A. STLUKA, Mayor
City of Round Rock, Texas
ATTEST:
Qlu�
JO&TNE LAND, City Secretary
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POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Possession and Use Agreement for Transportation Purposes ("Agreement"),
effective the W day of January, 2001 (the "Effective Date"), is made by and between the City
of Round Rock, Texas, a home rule municipal corporation (the "City"), and Villages at Warner
Ranch PUD, LP, a Delaware limited partnership(the"Grantor").
RECITALS:
WHEREAS, Grantor is the owner of title in fee simple of the property located in the City
of Round Rock, Williamson County, Texas, more fully described in Exhibit A attached hereto
and by this reference made a part hereof(the"Entire Tract");
WHEREAS, the Grantor and the City have been negotiating the sale and purchase by the
Grantor to the City of a portion of the Entire Tract as described more fully in field notes and plat
map attached hereto as Exhibit B and by this reference made a part hereof(such portion of the
Entire Tract, herein referred to as the "Property") for the construction by the City of a portion of
the proposed State Highway No. 45 (the"Project");
WHEREAS, the portion of the existing public right-of-way adjoining the Entire Tract
commonly known as Louis Henna Boulevard will be replaced by the Project;
WHEREAS, the City has determined that the sum of$248,253 is just compensation for
the value of the Property,but Grantor disagrees and disputes such valuation;
WHEREAS, the City has also notified the Grantor that one of the three driveways to
access Louis Henna Boulevard to and from the Entire Tract as agreed to by the City as part of the
approved Planned Unit Development No. 42 (the "PUD"), adopted by Ordinance No. Z-99-08-
12-9B6, may be eliminated by the installation of the Project, but Grantor has advised the City
that this is unacceptable and Grantor intends to protest and dispute the elimination of any
driveway access agreed to by the City in the PUD;
WHEREAS, the City has requested that Grantor grant an irrevocable right to possession
and use of the Property to the City, its contractors, agents, assigns and all others deemed
necessary by the City for the sole purpose of permitting the City to proceed with the construction
of the Project;
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WHEREAS, as an accommodation to the City, the Grantor has agreed to grant the City
the irrevocable right to possession and use of the Property, subject to the terms, conditions,
stipulations and limitations contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, Ten Dollars ($10) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows:
1. For the consideration paid by the City to the Grantor which is set forth in paragraph 2
below, the receipt and sufficiency of which is acknowledged, Grantor hereby grants,
bargains, sells and conveys to the City, its contractors, agents, assigns and all others
deemed necessary by the City for the construction of the Project exclusive possession and
use of the Property solely for the purpose of constructing the Project and appurtenances
thereto and the right to remove any and all improvements of Grantor located on the
Property, at the City's sole cost and expense; provided, however, the City covenants and
agrees that any utility facilities located within the Property will be relocated, repaired,
replaced and restored at the City's sole cost and expense, so that Grantor's utility service
to the Entire Tract is not affected by any such activity. This Agreement and the rights
conveyed by Grantor to the City pursuant hereto shall be subject to the terms of the PUD
and any and all restrictions, covenants, easements, rights-of-way, encumbrances, oil, gas,
mineral and royalty reservations or interests, regulations or orders of municipal and/or
other governmental authorities, if any, and all other matters affecting the Property and
appearing of record in the Real Property records of Williamson County, Texas, to the
extent that said items and matters are in effect and enforceable against the Property
(collectively, the "Permitted Exceptions"). The grant herein is subject to the rights of the
Grantor and its successors, assigns, agents, employees, invitees, and licensees for ingress
and egress from Louis Henna Boulevard over, through and across the Property to the
remainder of the Entire Tract. The City, at its cost, shall provide all necessary temporary
signage and traffic control measures.
2. In consideration for this irrevocable grant of possession and use, the City will tender to
the Grantor on the Effective Date, the sum of Two Hundred Forty Eight Thousand, Two
Hundred Fifty-three and No/100 Dollars ($248,253.00) (the "Cash Consideration"). The
City will be entitled to take possession and use of the Property pursuant to the terms of
this Agreement upon payment of the Cash Consideration to the Grantor.
3. The parties hereto acknowledge and agree that Grantor (i) protests, disputes and objects
to the City's determination as to the amount of just compensation the City is willing to
pay to Grantor for the fee title interest in the Property to be acquired by the City and the
elimination of any access driveways from the Entire Tract to Louis Henna Boulevard, as
described and contemplated above in the fourth Recital; and (ii) reserves the right to
negotiate a higher valuation for the Property and to seek additional compensation from
the City for the loss of any driveway access from the Entire Tract to Louis Henna
Boulevard. The City acknowledges that Grantor has not prejudiced its ability to do any
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of the foregoing by entering into this Agreement or accepting the Cash Consideration.
Grantor acknowledges that the City has not agreed that Grantor is entitled to any
additional compensation, either for the value of the Property or for any remainder
damages to the Entire Tract, including,but not limited to, any damages for the loss of any
driveway access. This Agreement is made with the understanding that the City will
continue to negotiate in good faith with the Grantor to attempt to agree as to a mutually
acceptable final compensation amount for the City's acquisition of a fee interest in the
Property by direct purchase and mutually acceptable resolution to the matter concerning
the aforementioned driveways.
4. It is further understood that the City will institute proceedings in eminent domain to
acquire fee title to the Property, and that the City will continue to vigorously pursue said
eminent domain proceedings. The City agrees that the petition in eminent domain will be
filed with the appropriate court in Williamson County, Texas (the "Court") on or before
February 28, 2001, if the City and Grantor have not agreed as to the total compensation to
be paid by the City to Grantor for conveying the fee title interest in the Property to the
City or have not resolved the matter concerning the driveways and, if it is necessary, the
Special Commissioners' hearing will be held on or before August 1, 2001. The parties
agree that the amount of the Cash Consideration will be deducted from any final
settlement amount, award, verdict or judgment that may be awarded in the future to the
Grantor by the Special Commissioners' or the Court, as the case may be. In the event the
final award, verdict or judgment for the fee title to the Property is less than the amount of
the Cash Consideration the City has paid to Grantor for the possession and use of the
Property pursuant to this Agreement, then the Grantor agrees that the Cash Consideration
tendered represents an overpayment and that the City is entitled to a refund of the
difference between the award, verdict or judgment and the Cash Consideration. If the
Special Commissioners' award is more than the amount of the Cash Consideration paid
to Grantor, the City agrees to deposit the difference with the Court on or before 14 days
after the date the Special Commissioners' award is filed with the Court. The date of
taking for eminent domain purposes shall be the date following the determination of the
final settlement amount, award, verdict or judgment awarded to the Grantor by the
Special Commissioners and the deposit by the City of the balance of the Special
Commissioners' award into the registry of the Court.
5. By entering into this Agreement, neither party waives any of their legal rights regarding
the condemnation of the Property, including, without limitation, any right to protest,
appeal or otherwise complain of any award by the Special Commissioners appointed in
said eminent domain proceedings.
6. The purpose of this Agreement is solely to permit the City, its contractors, agents, assigns
and others deemed necessary by the City to proceed with the construction of the Project
on the Property without delay. It is understood and agreed that this Agreement in no way
grants or conveys any part of Grantor's fee simple estate in the Property to the City.
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7. Grantor agrees to pay upon conveyance of the Property to the City by special warranty deed
or at entry of final judgment or at withdrawal of any funds by the Grantor from the Court
registry, any ad valorem taxes against the Property, including prorated taxes for the then-
current year, due as of the date of conveyance of the fee title to the Property by Grantor to
the City or the date of the above referenced taking.
8. This Agreement will also inure to and be binding upon the heirs, devisees, executors,
administrators, legal representatives, successors and assigns of the parties.
9. It is agreed that the City will record this document, at the City's sole cost and expense.
10. It is agreed that the City may assign or partially assign this Agreement to the State of Texas,
acting by and through the Texas Turnpike Authority Division of the Texas Department of
Transportation, and the State of Texas shall assume in writing the City's obligations
hereunder.
11. It is agreed that this Agreement shall immediately terminate and become null and void upon
either the conveyance by Grantor to the City of the Property by special warranty deed,
subject to the Permitted Exceptions or upon tender by the City of the balance amount of the
Special Commissioners' award into the registry of the Court.
12. The City acknowledges and agrees that Grantor hereby reserves the right to seek and enforce
any and all rights and remedies against the City, its contractors, agents and assigns, that
Grantor may be entitled to at law or in equity as a result of any claim,demand,liability,cost,
charge, judgment, loss and expense which Grantor may pay or incur in consequence of
having executed this Agreement or by virtue of any of the rights and privileges herein
granted,including,without limitation,any damages to or loss of property and improvements
of Grantor which may be proximately caused by the construction,operation,or maintenance
of the Project. The provisions of this paragraph 12 shall survive the date of the conveyance
by Grantor of the Property by special warranty deed or the date of tender by the City of the
balance of the Special Commissioners' award into the registry of the Court.
To have and to hold the irrevocable exclusive right to possession and use by the City of the
Property as herein described and conveyed,together with all the rights and appurtenances belonging
to the City and its assigns forever, for the purposes herein expressed and subject to the Permitted
Exceptions and the reservations and limitations set forth above.
(separate signature pages follow)
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2001. In witness whereof, this instrument is executed by Grantor on this the J-6-'day of January,
Grantor:
Villages at Warner Ranch PUD, LP
By: THC/Southwest Division Limited Partnership,
its General Partner
By: Hanover G.P. LLC, its General Partner
By:
Ka y K. inford, Vice P sident
State of Texas §
County of Harris §
This instrument was acknowledged before me on the-- 614 day of January, 2001 by Kathy
K. Binford, Vice President of Hanover G.P. LLC, a Texas limited liability company as General
Partner of THC/Southwest Division Limited Partnership, a Texas limited partnership as General
Partner of Villages at Warner Ranch PUD, LP, a Delaware limited partnership by and on behalf
of said limited partnership.
Notary Publ'fi and for the
State of Tex
SHIRLEY BANKS ROSINSONM commission expires =>—/
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(l ¢r�*��' j NOTARY PUB IC,STATE QF TEXAS'%'
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Nits;O�tA9ISSION EXPIR{S
t� ,9 f o �+ MARC> 1612-003 IN
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Accepted and agreed to by the City this the 2S'day of January, 2001.
City of Round Rock, Texas
By.
Ro A. St uka, its Mayor
Attest:
By:12
TiqND , City Secretary 4A"b
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the A day of jANUh.Q , 2001
by Robert A. Stluka, Mayor of the City of Round Rock, Texas.
ffm!]
.MARTINEZ Notary Public inand for the
ION EXPIRES,2001 State of Texas _O '
My commission expires
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EXHIBIT A
[Entire Tract]
TRACT I 138.543 ACRES OF LAND
DE N
FIELD NOTES FOR 138.543 ACRES OF LAND SITUATED IN THE
I iIEWCAN HUNT SURVEY, ABSTRACT NO. 314 THE WM. BARKER
SURVEY, ABSTRACT NO. 107, WILLIAMSON COUNTY, TEXAS, AND
THE WM. BARKER SURVEY, ABSTRACT NO. 109, TRAVIS COUNTY,
TEXAS;BEING OUT OF TRACT ONE CALLED 141.27 ACRES CONVEYED
BY BELLY WRAY GLENN et al, To ROUND ROCK INDUSTRIAL PARK IN
DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE
925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
TRACT ONE CALLED 141.27 ACRES BEING A PORTION OF THIRD
TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W.
GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME
260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS
AND A PORTION OF A CALLED 152.5 ACRE TRACT CONVEYED BY
BETT M E. GLENN TO BILLY WRAY GLENN IN DE
IID FILETS FOR
RECORD SEPTEMBER BER 27, 1966 IN VOLUME 490, PAGE 534, DEED
RECORDS OF WILLIA.MSON COUNTY, TEXAS; SAID 138.543 ACRES OF
LAND BMNG MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a'/. inch iron rod found at the base of an 18 inch elm tree used for a fence corner
Post, for the northeast comer of REMINGTON HEIGIi`I S, PHASE 1, SECTION A, according
to the map or plat thereof recorded in Cabinet N, Slide 238-240, Plat Records of Williamson
County, Texas, and an ell corner in the west line of the herein described tract, from which a %2
inch iron rod found at the base of said 18 inch elm tree, bears N 35°50'W,-a distance of 1.71 feet;
THENCE, along the westerly line of said Tract One called 141.27 acres, ,and with the north line of
said REMINNGTON HEIGHTS, PHASE 1, SECTION A and the westerlyfine of the herein
described tract, S 87'39'50" W (called S 87°20'30" W), a distance of 249.69 (249.00) feet to a 'fs
inch iron rod found for an ell comer in the west line of said Tract One called 141.27 acres, the
southeast comer of a called 0.92 acre tract conveyed by NMurn investments, Inc. to Round Rock
Industrial Park in deed filed for record January 2, 1996 in Document No. 9600209 Official
Records of Williamson County,-Texas, from which a Ys inch iron rod with cap set for the
southwest comer of said 0.92 acre tract and the southeast corner of the remainder of Tract Two
called 1.64 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in said deed
filed for record February 29, 1984 in Volume 980, Page 925, Offiiciai Retards of Williamson
County, Texas, bears, S 86050'59" W, a distance of 51.25 feet;
THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre
tract and west line of the herein described tract, N 14°09'55" W(called N 14009'W) a distance of
808.86 Galled 808.67) feet to a '/2 inch iron rod set in the existing south right of way line of Lows
CAI-239-0210-02 Page 1 of 8
Henna Boulevard (formerly known as County Road No. 170) (right of way width varies] for the
northwest comer of said Tract One called 141.27 acres, the northeast of said 0.92 acre tract and
the northwest corner of the herein described tract, from which a I S inch iron rod found for the
northeast corner ofthe remainder of said Tract Two called 1.64 acres and the northwest corner of
said called 0.92 acre tract, bears S 77°44'20" W. a distance of 50.17 feet;
THENCE, with the existing south right of way line of Louis Henna Boulevard(formerly known as
County Road No. 170) (right of way width varies),the north line of said Tract One called 141.27
acres and the north line of the herein described tract, N 7227'S2" E (called N 7227"30" E), a
distance of 262.72 feet to a % inch iron rod found at the beginning of a non-tangent curve to the
right for the west corner of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to
Williamson County, Texas in Correction Dedication of Right of Way filed for record March 11,
1988 in Volume 1639, Page 420, Official Records of Williamson County, Texas, for an angle
corner in the north line of the herein described tract;
THENCE, over and across said Tract One called 141.27 acres, with the common line of said
Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies),
said called 1.616 acre tract and the herein described tract the following four (4) courses and
distances;
1) with said non-tangent curve to the right having a central angle of 02°2748", a
radius of 3260.57 feet, an arc length of 140.19 feet, and a chord bearing and
distance of N 8119'03" E, 140.18 feet to a %- inch iron rod found at the end of
said curve;
2) N 82°25'39" E, a distance of 390.65 feet to a % inch iron rod found at the
beginning of a curve to the left,
3) with said curve to the left having a central angle of IO°42'47", a radius of 2182.60
feet, an arc length of 408.10 feet, and a chord bearing and distance of
N 77°10-25" E, 407.50 feet to a '/s inch iron rod found for at the end of said
curve, from which a '/h inch iron rod found, bears N 82°11' E. a distance of 0.13
feet;
4) N 71°22'15" E, a distance of 11.16 feet to a %s inch iron rod found in the existing
southwest right of way line of County Road No. 170 (right of way width varies),
the northeast line of said Tract One called 141.27 acres, for the southeast corner
of said called 1.616 acre tract and the north corner of the herein described tract,
from which a '/s inch iron rod found, bears S 57°50'E, a distance of 0.26 feet;
THENCE, with the existing southwest right of way kine of said County Road No. 170 (right of
way width varies), the northeast line of said Tract One called 141.27 acres and the northeast line
of the herein descn-bed tract the following three(3) courses and distances;
1) S 51°43'28" E (called S 51'43'30" E), a distance of 618.37 feet to a % inch iron
rod found for an angle corner;
2) S 51057'32" E (called S 51056'30" E), a distance of 174.59 (called 174.86)feet to
a '/z inch iron rod found for an angle corner;
3) S 51°49'18" E (called S 51°50' E), passing a '/Z inch iron rod found at a distance
CAI-239-0210.02 Page 2 of 8
of 176.23 and continuing for a total distance of 261.55 (called 261.69) feet to a 16
inch iron rod found for the northwest corner of a called 5.04 acre tract of land
conveyed by Billy Wray Glenn to Tommy Dale Arnold in deed filed for record in
Volume 686, Page 241, Deed Records of Williamson County, Texas, for the
northeast corner of said Tract One called 141.27 acres and the northeast corner of
the herein described tract, from which a concrete monumetrt found in the=fisting
southwest right of way line of said County Road No. 170 (right of way width
varies), for the northeast comer of said called 152.5 acre tract, and the
approximate northwest of a called 1.52 acre tract conveyed by Fritz Ga=ert to
Adolf Priem in deed filed for record in Volume 2058, Page 239, Deed Records of
Travis County, Texas, bears, S 51°43'33"E, a distance of 1135.93 feet;
THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast
line of the herein described tract and the westerly line of said called 5.04 acre tract, the following
two(2) courses and distances;
1) S 3005'30" W (called S 30°03' W), a distance of 438.96 (called 439.00)feet to a
'r4 inch iron rod found bent and replaced for the southwest corner of said called
5.04 acre tract;
2) S 59°54'30" E(called S 5905T E), passing a point in the westerly line of a 50 foot
wide access road easement(known as Glenn Drive), as described in the following
instruments filed for record in; Volume 681, Page 797, Volume 715, Page 929
Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume
912, Page 135, Volume 917, Page 701 and Volume 917,Page 708, Deed Records
of Williamson County, Texas at a distance of 524.66 feet and continuing for a
total distance of 549.66 (called 549.84) feet to '% inch iron rod found bent and
replaced in the centerline of said 50 foot wide access road easement
Glenn Drive), in the westerly line of a called 5.15 acre tract conveyed to(known
C.
Schwartz, in deed filed for record in Volume 659, Page 405, Deed Records of
Williamson County, Texas, for an ell corner in the northeast line of said Tract One
called 141.27 acres, an ell corner in the northeast Rue the herein described tract
and for the southeast corner of said called 5.04 acre tract;
TBENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast
line of the herein described tract, the centerline of said 50 foot wide access road easement (known
as Glenn Dave), and the northwest line of said 5.15 acre tract, S 30102'46" W (called
S 3011' W), a distance of 109.36 (called 109.47) feet to fi inch iron rod found, for an ell corner
in the northeast tine of said Tract One called 141.27 acres, an ell corner in the northeast line of the
herein described tract and the southwest corner of said called 5.15 acre tract;
THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast
line of the herein described tract, and the South line of said called 5.15 acre tract, S 5905246" E
(called S 59°54'30" E), passing '/i inch iron rod found in the easterly line of said 50 foot wide
access road easement (known as Glenn Drive) at a distance of 25.01 feet, from said 'h inch iron
rod a '/z inch iron rod found, bears, S 04°0 F W, a distance of 0.55 feet and continuing for a total
distance of 574.66 (called 574.91) feet to a S's inch iron rod found in the east line of said called
152.5 acre tract, in the west lisle of said called 1.52 acre, for the east comer of said Tract One
CAI-239-0210.02 Page 3 of 8
called 14 127 acres, for the east corner of the herein described tract and for the southeast corner
of said called 5.15 acre tract, from which said concrete monument found for the northeast corner
of said called 152.5 acre tract, bears, N 30'11'39"E, a distance of 236.92 feet and N 29054'56" E,
a distance of 150.02 feet;
THENCE, with the easterly line of said Tract One called 141.27 acres, the easterly line of said
called 152.5 acre tract, the vmsterty line of said called 1.52 acre tract and the easterly tine of the
herein described tract, S 30°00'21" W (called S 30'02' n a dunce of 386.14 (called 386.20)
feet to a sis inch iron rod found for the northeast comer of a called 5.11 acre tract conveyed by.
Billy Wray Glenn to James Burrows in deed filed for record June 15, 1978 in Vohime 715, Page
929, Deed Records of Williamson County, Texas., for an ell corner in the easterly line of said
Tract One called 141.27 acres and for an ell corner in the easterly line the herein described batt;
THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly line
of the herein described tract and the northerly, westerly and southerly line of said called 5.11 acne
tract, the following three courses and distaares;
1) N 59°58'53" W (called N 60°00'W), passing a point in the easterly line of said 50
foot wide access road easement (known as Glenn Drive) at a distance of 549.93
feet, and continuing for a total distance of 574.93 (called 574.91) feet to a 1/2 inch
iron rod found bem and replaced in the centerline of said 50 foot wide access road
easement (known as Glenn Drive) for the northwest corner of said called 5.11
acre tract and for an ell corner,
2) with the centerline of said 50 foot wide access road easement (known as Genn
Drive), S 30002'46" W (called S 30002'30" % a distance of 386.77 (called
386.84)feet to a '/Z inch iron rod found for the southwest corner said called 5.11
acre tract and for an ell corner,
3) S 59'5T49" E (called S 59'59' E), passing a point in the westerly line of said 50
foot wide access road easement (known as Glenn Drive) at a distance of 25.00
feet, and continuing for a total distance of 575.00 (called 574.91) feet, a 34 inch
iron rod found in the east line of said called 152.5 acre tract, in the west line of a
said called 1.52 acre, for the southeast corner of said called 5.11 acre tract and for
an ell corner of said Tract One called 141.27 acres and an ell corner of the herein
described tract ;
THENCE, coatinuing with the easterly line of said Tract One called 141.27 acres, the easterly line
of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line
of the herein described tract, S 29'5843" W (called S 29058' W), a distance of 1160.57 (called
1160.54) feet to a 16 inch iron rod found for the northeast corner of a called 5.35 acre tract
conveyed by Glenn Drive Ventures to Matt A, Lasater et ux in deed filed for record September 1,
1995 in Docent No. 9538506, Official Records of Williamson County, Texas, for the south
corner of said Tract One called 141.27 acres and the south comer of the herein described tract;
THENCE, with the southwest line of said Tract One called 141.27 acres, the northerly line of said
called 5.35 acre tract, the northerly line of a called 5.19 acre tract conveyed by T. I Davidson to
Iraj Eric Shahavndi et ux, in deed filed for record May 19, 1993 in Volume 2344, Page 345,
Official Records of Williamson County, Texas, N 59°56'14" W(called N 5957'00" W), pig a
CAI-239-0210.02 Page 4 of R -
'/z inch iron rod found in the easterly line of said 50 foot wide access road easement (known as
Glenn Drive) at a distance 551.37 feet, passing a point in the centerline of said 50 foot wide road
easement, for the northwest corner of said called 5.35 acre tract and the northeast corner of said
called 5.19 acre tract at a distance 576.37 feet, and continuing with the centerline of said 50 foot
wide road easement for a total distance of 1126.6o (called 1126.51) feet to a 3/$ inch iron rod
found for the northwest comer of said called 5.19 acre tract,for an ell corner in the southwest line
of said Tract One called 141.27 acres and for an ell comer in the southwest line of the herein
described tract;
THENCE, continuing with the southwest line of said Tract One called 141.27 acres, the west line
of said called 5.19 acre tract and the southwest line of the herein described tract and crossing said
50 foot wide road easement, S 30°0221' W (called S 30°01' V), passing the southwest line of
said 50 foot wide road easement at a distance of 25.0 feet and continuing for a total distance of
410.40 (called 410.46) feet to a !6 inch iron rod found in the southerly line of said called 152.5
acre tract, in the northerly line of Tract 2 called 41.702 acres, conveyed by Texas Commercial
Bank-Austin National Association to F-Victoria L. P. in deed filed for record September 2, 1992
in Volume 2186, Page 208, Official Records of Williamson County, Texas, for an ell corner in the
southwest line of said Tract One called 141.27 acres, for an ell comer in the southwest line of the
herein described tract and the southwest corner of said called 5.19 acre tract and;
THENCE, continuing with the southwesterly line of said called 152.5 acre tract, the
southwesterly line of said Tract One called 141.27 acres, the northerly line of said Tract 2 called
41.702 acres and the southwesterly line of the herein described tract the following two (2) courses
and distances;
1) N 60°28'05" W(called N 60°22'30"W), a distance of 125.63 feet to a '/2 inch iron
rod found for an angle corner,
2) N 59°47100" W (bearing basis), passing a =/z inch iron rod found at a distance of
291.35 feet, passing a % inch iron rod found at a distance of 1001.05 feet, and
continuing for a total distance of 1046.17 (called 1046.10) feet to a �i inch iron
rod set in the eastedy line of Breaux Lane (50' right of way width), as dedicated
by REMINGTON HEIGHTS PHASE 2, SEC'T'ION B, according to the map or
plat thereof recorded in Cabinet O, Slide 392-393, Plat Records of Williamson
County, Texas, for the southwest corner of said Tract One called 141.27 acres,
for the southwest comer of the herein described tract and for the northwest
corner of said Tract 2 called 41.702 acres, from which a '/2 inch iron rod found for
the southeast comer of said REM WGTON HEIGHTS PHASE 2, SECTION B
and the northwest corner of the remainder of Tract 12 called 68.794 acres
conveyed by Resolution Trust Corporation to M.tchael W. Ayer in deed filed for
record March 18, 1993 in Volume 2271, Page 354, Official Records of
Williamson County, Texas and flied for record February 8, 1993 in Volume
11868, Page 121, Real Property Records of Travis County, Texas, bears,
S 30°13'50" W, a distance of 168.44 feet;
THENCE, with the easterly line of said REMINGTON HEIGHTS PHASE 2, SECTION B, the
easterly line of REMINGTON HEIGHTS PHASE 1, SECTION B, according to the map or plat
thereof recorded in Cabinet O, Slide 18-20, Plat Records of Williamson County, Texas, the
Page 5 of R
CAI-239-0210.02
easterly tine of said REMINGTON HEIGHTS PHASE 1, SECTION A, and the westerly line of
the herein described tract and along the west line of said Tract One called 141.27 acres and the
west line of said called 152.5 acre tract, N 30006104- .E (called N 30002'00" E), passing a ifs inch
iron rod found at the northeast corner of said Bre= Lane (50' right of way width) and the
southeast corner of Lot 31, Block B of said REME NGTON HEIGHTS PHASE 2, SECTION B,
at a distance of 12.36 feet, Ping a % inch iron rod found for the northeast corner of said
RF.MIINGTON HEIGHTS PHASE 2, SECTION B and the southeast corner of said
RENlINGTON HEIGHTS PHASE 1, SECTION B at a distance of 624.06 feet, passing a fs inch
iron rod found for the northeast corner of said RMUNGTON HEIGHTS PHASE 1, SECTION B
and the southeast corner of said REMIlVGTON HEIGHTS PHASE I, SECTION A at a distance
of 1024.06 feet, and continuing for a total distance of 1789.25 (called 1789.74)feet to the POINT
OF BEGINNING, containing 138.543 acres of land, more or less, within these metes and bounds
Reference is herein made to map or plat
description. of this 138.543 acre tract accompanying this field,note
Beading Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray
Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume
980, Page 925, Official Records of Williamson County, Texas. (N 59°47100'W)
I hereby certify that this description was prepared from the results of a survey made on the ground
under my supervision
CU*111N11jHAM-.orWIWC_ ,�ti..OF��-�
�Pao�s rFq'`"y
�,NHwNNHw NHN
' ,4EroRY SCHMIDT
R4437 Land Surveyor No. 4437 -9'DaSUt�`l�
CAI-239-0210.02 Page 6 of 9
DESC W-TTO' ON_
FIELD NOTES FOR 19.191 ACRES OF LAND SITUATED IN THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, WIILTAMSON COUNTY, TEXAS, BEING
OUT OF THOSE CERTAIN TRACT ONE DESCRIBED IN DEED FROM BILLY
WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, RECORDED
FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF
WMLLALMSON COUNTY, TEXAS; SAID 19.191 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AMID BOUNDS AS FOLLOWS:
BEGROQ NG at a 1/2 inch iron rod found bent and replaced for the southwest corner of that certain tract
of land described in deed from My Wray Cel m to Tommy Dale Arnold, recorded in Volume 686, Page
241, Deed Records of WMiamson County, Texas, same being an interior en corer of$Wd Tract One,
from which a 1/2 inch iron red fo and in the south right of way line of County Road No. 170(sight of way
width varies), for the most 00nheast corner of said Tract One and the northwest corner of said
Arnold tract,bem N 30905'30" E a distance of438.96 feet
THENCE, with a north line of said Tract One, the north line of the herein described tract, and the south
line of said Arnold tract, S 59'54'30" E, a distance of 524.66 feet to a 1/2 inch iron rod set for the
northeast corner of the herein described tract, in the west line of a 50 foot wide access road easement
(also }crown as Glean Drive), as described in the following kmt uments of record: Volume 681, Page 797,
Vol une 715, Page 929, Vohune 686, Page 241, Vohuae 763, Page 777, Volume 787, Page 776, Volume
912, Page 135, Volume 917,Page 701 and Volume 917, Page 708, Deed Records of W-dHamson County,
Texas, from which a 1/2 inch iron rod found beat and replaced in the centerline of said 50 foot wide
access road easement, in the west line of that certain tract described in deed to L. C. Schwartz, recorded
in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an exterior ell comer of said
Tract One, bears S 59°54'30"E a distance of 25.00 feet;
THENCE, over and across said Tract One, 25.00 feet west of and parallel with the centerline of said 50
foot wide access road easement, and with the east line of the herein described tract, S 30002146" 'VSA a
distance of 670.05 feet to a 1/2 inch iron rod set for the southeast corner of the herein descn'bed tract;
TBENCE, connnuiug over and across said Tract One, with the south, west, and north lines of the herein
described tract, the following three(3) courses:
1) N 63.50'141- W a distance of 1299.62 feet to a 1/2 inch iron rod set for the southwest corner
of the herein described tract;
2) with a curve to the left having a central angle of 39.31`25", a radius of 623.35 feet, an arc
length of 430.00 feet, and a chord bearing and distance of N 0638'35" E 421.52 feet to a '/1
inch iron rod set for the northwest comer of the herein described tract;
3) S 81-3 2-18" E a distance of 1010.24 feet to the POINT OF BEGUVNING, containing 19,191
acres of land, more or less, within these metes and bounds.
Page 7 of 8
CAI-239-0210.02
Beating Ref re=: The sauthwe line of Tract One called 141.21 acm conveyed by Billy Wray Chan et
a], to Round Rock bdusbW park in deed filed for record February 29, 1984 in Vohrme 98o, Page 925,
Official Records of WUr myon c,mmty, Texas. (N 59047000W)
I hereby°er*that this description was prepared from the results of a smrn7 made on the ground under
my suFavision.
cOF
� c ,..... �F
'�.i'tQn.�gtiy'�y
ego M10?"
anal Land S or No. y9 �d3z o? o
SU��
Page 8 of 8
CAI.239-oZ10.02
TRACT II 0.363 ACRES OF LAND
DESCRIPTION
FIELD NOTES FOR 0.363 ACRES OF LAND SITUATED IN THE
MEMUCAN FST SURVEY, ABSTRACT NO. 314, WILLIAMSON
COUNTY, TEXAS, BEING OUT OF TRACT TWO CALLED 1.64 ACRES
CONVEYED BY 13ILLY WRAY GLENN et at TO ROUND ROCK
INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984
IN VOLUME 980, PAGE 925, OFFXCIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 1.64 ACRE TRACT BEING A PORTION OF THIRD
TRACT CALLED 44 ACRES CONVEYED BY IEDDA BLAD et al TO G. W.
GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUhm
260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID 0.363 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a % inch iron rod with cap set in the existing easterly right of way line of Jazz
Street (70' right of way width), as dedicated by REM19GTON HEIG1jTS, PHASE 1, SECTION
A, according to the map or plat.thereof recorded in Cabinet N, Slide 238-240, Plat Records of
Williamson County, Texas, in the south line of said Tract Two called 1.64 acres, for the southeast
corner of a called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn
Investments, Inc., in deed filed for record January 2, 1996 in Document No. 9600204, Oficial
Records of Williamson County,, Texas, for the northwest corner of Lot 1, Block A of said
REMINGTON HEIGHTS, PHASE I, SECTION A, and for the southwest corner of the herein
described tract, from which a -3/, inch iron rod found in the existing westerly right of way line of
said Jazz Street (70' right of way width) and for the northeast comer of Lot 30, Block G, of said
REMINGTON HEIGHTS, PHASE 1, SECTION A, bears, S 87015'42" W, a distance of 71.72
feet;
THENCE, over and across said Tract Two called 1.64 acres, with the existing easterly right of
way line of Jazz Street (70'right of way width), the easterly line of said called 1.27 acre tract and
the westerly line of the herein described tract, N 14°09'13" W. a distance of 797.30 feet to a
tach iron rod set in the existing south right of way line of Louis henna Boulevard (formerly
known as County Road No. 170) (right of way width varies), for the northeast corner of said Jazz
Street (70' right of way width), for the northeast corner of said called 1.27 acre tract and for the
northwest corner of the herein described tract;
THENCE, with the existing south right of way line of said Louis Henna Boulevard (formerly
known as County Road No. 170) (right of way width vies), .the north line of said Tract Two
called 1.64 acres and the north line of the herein described tract, N 7751159" E (called
N 77055E), a distance of 19.82 feet to a '/z inch iron rod found for the northeast corner of said
Tract Two called 1.64 acres, the northwest corner of said called 0.92 acre tract and the northeast
corner of the herein described tract, from which a '/2 inch iron rod set for the northwest corner of
CAI-239-0210.02 Pagel of? -
�:�
Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial P
in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of
Williamson County, Texas and the northeast corner of said called 0.92 acre tract, bears,
N 7744'20" E, a distance of 50.17 feet;
THENCE, with the east line of said Tract Two called 1.64 acres,
acre tract and the east Bite of the herein described tract', S 1 -09'13" E (called S 14.09,the west line of said calledE, a
distance of 800.73 (called 800-70) feet to a '6 inch iron rod with cap set in the north line of said
Lot 1, BIock A, REMWGTON HEIGHTS, PHASE 1, SECTION A, for the southeast corner of
said Tract Two called 1.64 acres, the southwest corner of said called 0.92 acre tract and the
southeast corner of the herein described tract, from which a M2 inch iron rod found for an ell
comer of said Tract one called 141.27 acres and the southeast corner of said called 0.92 acre
tract, bears N 8650159" W, a distance of 51.25 fleet;
THENCE, with the north line of said Lot 1, Block A, REMWGTON HEIGHTS, PHASE 1,
SECTION A, the south line of said Tract Two called 1.64 acres and the south line of the herein
described tract, S 87036'54" W (called S 87c22" a distance of 20-23 fbet to
he POINT
BEGINNING, contain, 0.363 acres of land, ,more or less,, within these metes and tbounds, OF
Reference is herein made to map or plat of this 0.363 acre tract accompanying this field note
description.
Bing Reference: The westerly line of Tract One called 141.27 acres conveyed by Billy Wray
Glenn et al, to Round Rock Industrial park in deed filed for record February 29, 1984 in Volume
980, Page 925, Official Records of Williamson County, Texas.
I hereby certify that this description was preps from the results of a survey made on the ground
under my supervision_
HAM-ALLEN,
OF TF.�
S
Register nal Land Surveyor No. 443 GREGORY SC}i.�i1CT� .
Date: < 9 4437 P Z-
i0 res$!. .�0
SUFE
CAI-239-0210-02
Page 2 of 2
�za..
TRACT 111 0.928 ACRES OF LAND
DESCRIPTION
FIELD NOTES FOR 0.928 ACRES OF LAND SITUATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO, 314, WILLIAMSON
COUNTY, TEXAS, BEING ALL OF A CALLED 0.92 ACRE TRACT
CONVEYED BY MILBURN INVESTMENTS, INC. TO ROUND ROCK
INDUSTRIAL PARK IN DEED FILED FOR RECORD JANUARY 2, 1996 IN
DOCS NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 0.92 ACRES BEING A PORTION OF A CALLED
40.464 ACRE TRACT OF LAND CONVEYED BY MICHAEL W. AYER TO
MII-BURN INVESTMENTS, INC., IN DEED FILED IN DOCUMENT NO.
9546338, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
40.464 ACRES BEING A PORTION OF TRACT 12 CALLED 68.794 ACRES
CONVEYED BY RESOLUTION TRUST CORPORATION TO MICHAEL W.
APER IN DEED FILED FOR RECORD MARCH I8, 1993 IN VOLUME 2271,
PAGE 354, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND
FILED FOR RECORD FEBRUARY 8, 1993 IN VOLUME 11868, PAGE 121,
REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.928
ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGE*TNING at a t/2 inch iron rod found in the north line of Lot 2, Block A. REMLNGTON
HEIGHTS, PHASE 1, SECTION A, according to the map or plat thercof recorded in Cabinet N,
Slide 238-240, Plat Records of Williamson County, Texas, for an ell corner of Tract One called
141.27 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for
record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County,
Texas, for the southeast corner of said called 0.92 acre tract and the southeast corner of the
herein described tract, from which a% inch iron rod found at the base of an 18 inch tree used for
a fence corner post, for the northeast corner of said REMINGTON HEIGHTS, PHASE 1,
SECTION A and for an ell corner in the west line of said Tract One called 141.27 acres, bears,
N87°39'50"E. a distance of 249.69 feet;
THENCE, with the north line of said Lot 2, Block A, the north line of Lot 1, Block A of said
REKNGTON HEIGHTS, PHASE 1, SECTION A, S 86°50'59- W (called S 86048'04" W), a
distance of 51.25 (called 51.24) feet to a V2 inch iron rod with cap set for the southeast corner of
the remainder of Tract Two called 1.64 acres, conveyed by Billy Wray Glenn et at to Round Rock
Industrial Park in deed filed for record February 29, 1984 in 'volume 980, Page 925, Official
Records of Wiilliamson County, Texas, for the southwest corner of said called 0.92 acre tract and
the southwest corner of the herein described tract, from which a %2 inch iron rod with cap set in
the south line of said Tract Two called 1.64 acres, in the existing easterly right of way line of Jazz
Street (70' right of way width), as dedicated by said REWNGTON HEIGHTS, PHASE 1,
SECTION A, for the northwest corner of said Lot 1, Block A and the southeast corner of a called
CAI-239-0210-02 Pagel of
�$.A-
1.27 acre tract conveyed by Round Rock Industrial Park to 1V1"ilbum Investments, Inc., in deed
tiled for record January 2, 1996 in Document No. 9600204, Official Records of Williamson
County, Texas, bears S 87036'54" W, a distance of 20.23 feet;
THENCE, with the east line of said Tract Two called 1.64 acres, the west line of said called 0.92
acre tract and the west line of the herein described tract, N 14°09'13" W (called N 14012'08 W)
a distance of 800.73 (called 800.61) feet to a '/2 inch iron rod found in the existing south rigs of
way line of Louis Henna Boulevard (formerly known as Co
width varies), for the northeast corner of said Tract Two called 1.64 aty cres the7northweestght o omer
of said called 0.92 acre tract and the northwest corner of the herein described tract, from Which a
%s inch iron rod set for the northeast corner of said Jazz Street (70' right of way width), forth
northeast corner of said called I.27 acre tract, bears, S 7751'59" W, a distance of 19.82 feet;
THENCE, with the exiting south right of way line of said Louis Henna Boulevard (formerly
known as County Road No. 170) (right of way width varies), the north line of said called 0.92
acre tract and the north line of the herein described tract, N 77°4420"E(called N 77°4175" E), a
distance of 50.17 (called 50.16) feet a % inch iron rod set for the northeast corner of said called
0.92 acre tract, for the northwest corner of said Tract One called 141.27 acres and for the
northeast corner of the herein described tract, from which a '/s inch iron rod found at the west
corner of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Williamson
County, Texas in a Correction Dedication of Right of Way filed for record March 11, 1988 in
Volume 1639, Page 420, Official Records of Williamson County, Texas, bears, N 72°2752" E, a
distance of 262.72 feet;
THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre
pct and east line of the herein described tract, S 14009155" E (called S 14°09'00" E), a distance
of 808.86 (called 808.67) feet to the POINT OF BEGINNING, containing 0.928 acres of land,
more or less, within these metes and bounds
Reference is herein made to map or plat of this 0.928 acre tract accompanying this field note
description.
Bearing Reference. The southwest line of Tract One called 141.27 acres conveyed by Billy Wray
Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume
980, Page 925, Ofd Records of Williamson County, Texas. (N 59047100-W)
I hereby certify that this description was prepared from the results of survey made on the ground
under my SuPemsion.
CUNNINGHAM-AL �• OF
C ;:Q� F v
...............
........
•.,GREGORY SCtiMIDTt
Gr OXYS d .............. .
437
Rei 6rr i nal s s%
Surveyor No. 443 7 �,yo,,o_F� JO
S{jR�
CAI-239-0210.02 Page 2 of 2
TAACTJ.&-
EXHIBIT B
[Property]
Page I of 5
June 15, 2000
EXHIBIT A
County: Williamson
Parcel No.: 148
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 148
PART 1
DESCRIPTION OF A 0.882 ACRE (38,414 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION OF THE REMAINDER OF A CALLED 138.543 ACRE TRACT OF LAND (TRACT I), THE
REMAINDER OF A CALLED 0.363 ACRE TRACT OF LAND (TRACT II), AND THE REMAINDER OF A
CALLED 0.928 ACRE TRACT OF LAND (TRACT III) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.882 ACRE (38,414 SQUARE
FEET) TRACT, AS SHOWN ON THE RIGHT-OF-WAY SKETCH PREPARED BY SAM, INC. FOR THIS
PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT)Type IT concrete monument set in the east Right-
of-Way (ROW) line of Jazz Street (a 70-foot wide ROW) dedicated in Remington Heights, Phase I, Section A a
subdivision of record in Cabinet N, Slide 238 of the Plat Records Williamson County, Texas (P.R.W.C.TX.), same
being the west line of said Tract III, also being in the proposed south ROW line of State Highway 45, for the
southwest corner of the tract described herein, and being 262.82 feet right of Survey Baseline Station 615+85.49,
from which a 1/2-inch iron rod found bears S 16° 33'52" E, a distance of 545.51 feet;
1} THENCE with the common line of Jazz street, and said Tract III, N 160 33' 52" W, a distance of 113.72
feet to a calculated point, for the common corner of a tract of land dedicated to the City of Round Rock for
Public Right of Way purposes, executed on October 21", 1999 (recording information not available as of
June 15", 2000), and the northwest corner of the remainder of said Tract III, also being the northwest
corner of the tract described herein;
2) THENCE leaving said common line with the common line of said City of Round Rock tract and the
remainders of said Tract III, Tract II, and Tract I N73°30'23"E, a distance of 488.85 feet to a calculated
point in the west ROW line of Warner Ranch Drive (having a variable width R.O.W.) as shown on the Dlat
of Warner Ranch Phase I-A, recorded in Cabinet S, Slide 25-28 of the P.R.W.C.TX., and being rhe
northeast corner of the tract described herein;
3) THENCE with said ROW line, S09°57'47E, a distance of 92.77 feet to a Texas Department of
Transportation (TXDOT) Type II concrete monument set, same being the southeast corner of the tract
described herein and being 264.77 feet right of Survey Baseline Station 620+62.79;
THENCE crossing said Tract I. Tract II, and Tract [II, the following six (6) courses and distances, numbered
through 9:
A N 61° 21' 10" W, a distance of 38.10 feet to a TXDOT Type II concrete monument set, being 236.47 feet
right of Survey Baseline Station 620+37.28,
=`N 1756R
2008)-20
Page 2 of 5
June 15, 2000
5) with the arc of a curve to the right a distance of 179.53 feet through a central angle of 01-46'25", having a
radius of 5800.00 feet, and whose chord bears S 68° 11'39" W,a distance of 179.53 feet to a TXDOT Type
II concrete monument set, being 244.25 feet right of Survey Baseline Station 618+57.92,
6) S 74° 21'59" W, a distance of 151.66 feet to a TXDOT Type II concrete monument set, being 234.50 feet
right of Survey Baseline Station 617+06.57,
7) with the arc of a curve to the right passing at an arc distance of 3.42 feet a TXDOT Type II concrete
monument set, being 234.50 feet right of Survey Baseline Station 617+03.15, continuing for a total arc
distance of 46.53 feet, through a central angle of 00° 27' 38", having a radius of 5788.00 feet, and whose
chord bears S 70° 48' 23" W, a distance of 46.53 feet to a TXDOT Type II concrete monument set, being
234.43 feet right of Survey Baseline Station 616+60.48,
8) S 70° 59' 21" W, a distance of 45.79 feet to a TXDOT Type II concrete monument set, being 234.32 feet
right of Survey Baseline Station 616+15.15, and
9) S 27° 11' 26" W, a distance of 41.50 feet to the POINT OF BEGINNING and containing 0.882 acre
(38,414 square feet) of land, more or less.
PART 2
DESCRIPTION OF A 0.207 ACRE (8,996 SQUARE FEET)TRACT OF LAND LOCATED IN THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 138.543 ACRE TRACT OF LAND (TRACT I) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.207 ACRE (8.996 SQUARE FEET)
TRACT, AS SHOWN ON THE RIGHT-OF-WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT)Type II concrete monument set in the west Right-
of-Way (ROW) line of County Road 170 (a varying width ROW, no recording information found), same being the
east line of the remainder of said 138.543 acre tract, also being in the proposed south ROW line of State Highway
45, for the southeast corner of the tract described herein and-being 211.50 feet right of Survey Baseline Station
629+30.95, from which a 1/2-inch iron rod found in said common line bears S 54° 10' 38" E, a distance of 512.78
feet;
THENCE crossing the remainder of said 138.543 acre tract with the proposed south ROW line of said State
Highway 45 the following four(4)courses and distances, numbered 1 through 4:
1) S 70° 40' 42" W, a distance of 189.05 feet to a TXDOT Type II concrete monument set, being 211.50 feet
right of Survey Baseline Station 627+41.90,
2) S 75° 16' 28" W, a distance of 149.76 feet to a TXDOT Type II concrete monument set, being 199.50 feet
right of Survey Baseline Station 625+92.62,
3) with the arc of a curve to the left an arc distance of 391.14 feet, through a central angle of 03° 55' 29",
having a radius of 5710.00 feet, and whose chord bears, S 68° 42' 58" W, a distance of 391.06 feet to a
TXDOT Type II concrete monument set. being 212.89 feet right of Survey Baseline Station 622+01.79, and
4) S 28° 22'08" W, a distance of 46.30 feet to a TXDOT Type II concrete monument set in the east ROW line
of Warner Ranch Drive (having a variable width ROW) as shown on [lie plat of Warner Ranch Phase l-A,
recorded in Cabinet S, Slide 25-28, of the Plat Records of Williamson County, Texas. same being a west
line of the remainder of said 138.543 acre tract, being 244.62 feet right of Survey Baseline-Station
621+67.55, from which a '/i-inch iron rod with a plastic cap found in said common line hears.
S09°57'47"E, a distance of 58.27 feet;
FN1756R
20081-20
Page 3 of 5
June 15, 2000
5) THENCE with said common line, N 09° 57' 47" W, a distance of 66.74 feet to a calculated point for the
west common corner of the remainder of said 138.543 acre tract,and a tract of land conveyed to the City of
Round Rock for "right-of-way purposes", executed October 21, 1999, no recording information available
as of June 15, 2000, and being the northwest corner of the tract described herein, from which a t/z-inch iron
rod with a plastic cap found in said east R.O.W. line, same being the west line of said City of Round Rock
tract, bears, N09°57'47"W, a distance of 100.00 feet;
THENCE with the south line of said City of Round Rock tract, same being a north line of the remainder of said
138.543 acre tract the following three(3) courses and distances, numbered 6 through 8:
6) N 73° 30'23" E, a distance of 659.04 feet to a calculated point,
7) N 00° 02' 14" W, a distance of 10.50 feet to a calculated point, and
8) N 69° 13' 25" E, a distance of 81.97 feet to a calculated point in the west Right-of-Way line of said County
Road 170, same being the east line of the remainder of said 138.543 acre tract and being the northeast
corner of the tract described herein;
9) THENCE with said common line, S 54° 10' 38" E, a distance of 15.57 feet to the POINT OF
BEGINNING and containing 0.207 acre(8996 square feet)of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS 0
0 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Michael R. Hatcher, 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 June 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 16"day of June, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125 Aicae R. Hatcher
Austin,Texas 78704 Regist red Professional Land Surveyor
No. 4259 - State of Texas
OF
C 9 4259 .�$.►�
S U
FN1756R 20081-20
ASA THOMAS SURVEY A-609
-IV7ULLIAMSON COUNTY, TEXAS
SCALE
0. v.
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N STATE OF, TEXAS -
L1 L2 1.620 ACRES
527°11'26"W S70° 59'2V'W
41.50' 45.79' VOL. 1544, PG. 20
L3 O.R.W.C.Tx.
N61"21'10'W— -
38.10' APPROXIMATE LOCATION OF SURV& LINE -^_—
STATE HWY 45
LOUIS HENNA BLVD. N i0-40' 43•E 5060.48'
(VARIABLE WIDTH R.O.W.) SURVE BASELINE _
---- -- ----- - --- - - ----- —6Bc} — ------ - 7_7777_7-----
----- ----
R
------ -------------- - ' tXISTING . LINE
(fir
W
CITY OF ROUND ROCK
DEED. .FOR "PUBLIC RIGHT-OF-WAY PURPOSES"
--- EXECUTED OCTOBER 21, 1999 W
RECORDING INFORMATION NOT AVAILABLE AS =
OF JUNE 15, 2000 z
co
Lj N i. "03 30-23"E 488.85'
LL1I3 w w _
CC,o _
4F .ACCESS LINE
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DETPIC236 a7 RT_
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za N S74 -2159'1N 138419SD FT.I C� _ o Q,oi
2.-_ C2` y- __151,,66t-*__. �=- C N Qm
U t� oma_ R p.W. LINE IN RVEY BASELINE
P.o.e.i1 p, 617.06.57 618.57.92 PROPOSED 620.52.79❑❑ n n CURVE DATA
615.85.49 234.50'RT 244.25'RT 264.77'RT QN P!Sfo 605.79.45
?62.82'RT Z o _ = a w" N -039956 589
N•10150932.23452 = VILLAGES AT WARNER RANCH PUD, L.P. s�-- E
E-3140608.8725§ 616-15.15
23432'RT REMAINDER �V) 0 •0'15'00-
Q CALLED 138.543 ACRES Qac L 16481r
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DOC. No. 199965664 1 �Wo Pc S/o91
60055.04
w ct O.P.R.W.C.Tx. zCO I PT SIC, 617-os.75
0-01°46.25" TRACT a�
i7• U R•5800.00' C2 I
to, U Q L-179.53' 6-00°27'38" C3
a Q T-89.77' R•5788.00'
tD r11 C6-S68° 11'39"W L-46.53' x•00°02'02"
N_ CO Lfl C•t79.53' T-23.27' R-5788.00'
cv M CB-S70°48'23-W L-3.42'
I . 0 C•46.53' CB�S70°38'31"W 11 \
P.O.R. �/7 �T rj � T C•3.42' LEGEND
�Q � MEM CA1 V HlJ .`f 1 ■ TYPE I CONCRETE MONUMENT FOUND
J DETAIL C
Q Q / ___-_-__ r7 TYPE 1I CONCRETE MONUMENT FOUND
S UR V E Y A- 3 1 Y TYPE IICONCRETE MONUMENT SET
NOTES: U U ::JJ 0 /2" PIPE FOUND UNLESS NOTED
0 '/{' IRON ROD SET W/ TXDOT CAP UNLESS NOTED
BEARINGS AND COORDINATES ARE BASED ON THE C2 s /z"IRON ROD FOUND UNLESS NOTED
� C3 �� 't 5D 0 NAIL SET UNLESS NOTED
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, �.--CoJ-- 4 60 D NAIL FOUND UNLESS NOTED
CENTRAL ZONE AND ADJUSTED TO SURFACE USING 617.03.15 617-06.57 o CALCULATED POINT
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS 234 50'R T 234 50'R7
PROPERTY LINE
fCENTER LINE
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. c l RECORD INFORMATION
IMPROVEMENTS SHOWN HEREON ARE BASED UPON P.0.8. POINT OF BEGINNING
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BEP.0-C. POINT OF COMMENCING
- P.O.R. POINT OF REFERENCE
ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS P.C. POINT OF CURVATURE
NOT SHOWN. P.T, POINT OF TANGENCY
wT NON-TANGENT CURVE
RECORDERS MEMORANDUM Rr IRON ROD FOUND
DETAILS ARE NOT DRAWN TO SCALE. vv IRON PIPE FOUND
P,,", PUBLIC UTILITY EASEMENT
All or puu of the tat on this page was not O r R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY,TEXAS
clearly legible for satisfactory re00idapon. 0 R.w.C.T.. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS
P R.w.C.T.. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
o-R...C.T+- DEED RECORDS WILLIAMSON COUNTY,TEXAS
SAM r _
4029 CaP4al of Texas HigrN ay.So K G H'I -O r - W ^-\/ �I_A T ?;,G f, a O F j
IMC. Brodie Oaks Pf0IeSVOral Plaza.Suite 125 Z' OWING
/`/ I�� ^f'- P —�,/ r-•= R t . F iE L D
Austin.Texas 78704 J I—�.J W A N G i�r 0 I^ I� i 'J I
SURVEYINGdERUL NAPPING•ENGINEERING (512)447-0575 I n/�:� A T � A ^� NOTE NO. 17568
max: cslz)3z5-3oz9 1 L_r.v-_, r-. '/1�A,R�`��E:`< :-,(`�I r r'vl(1 ! ,—
PAPC-�_ 148 PART
� �� QIP�� .� • '',�o `p ��
r1 y>• S G� `�1 'yQ T� � WILLIAMSON COUNTY. TEXAS
SCALE
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625-92.62 �C`Qf 9
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--------------
C4 P O.S. OS. o\ r",
0.03'55'29" PARCEL 148 \I o
R•5710.00, PART 2 Lj 0
0
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L-391.14' 271.50'R T5 Go Q r
LEGcND T-195.65' L4 N• 10151,125.93048 1^ O J
■ TYPE; I CONCRETE MONUMENT FOUND CB•S68.42'58"W S28.22'08"w 3141$62..'5591 oln 3
O TYPE II CONCRETE MONUMENT FOUND C•391.06' 46.30' w
o �
® TYPE IICONCRETE MONUMENT SET 10
C W
h U7
® %z••PIPE FOUND uNlE55 NOTED O^ (n Z Q
0 %z•'IRON ROD SET W/ TXDOT CAP UNLESS NOTED . cv Q
• /z"IRON ROD FOUND UNLESS NOTED �� O >
• 60 D NAIL SET UNLESS NOTED C>
A 60 D NAIL FOUND UNLESS NOTED In
In
a CALCULATED POINT
It PROPERTY LINE;
QCENTER LINE •
1 7 RECORD INFORMATION ` �__3;!
v.0.8. POINT OF COMMS CI I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ONO.C. POINT OF COMMENCING Z.
v.oA_ POINT OF REFERENCE
GROUND UNDER MY DIRECTION AND SUPERVISION AND TH,�.� .:�� �',;_a ' �'" �•"�+
v.r- POINT OF CURVATURE THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY. Cr?�s`.�'
P.i. POINT N TANGENCY KNOWLEDGE AND BELIEF. �•�'�
.t NON-TANGENT CURVE
IRON ROD FOU �'-^'-T-'-"' •.�-+z+,�esu�sy_�,..w,1, j
vv •IRON PIPE FOUND
P.V.E. PUBLIC UTILITY EASEMENT '.�•+,,. �• ,/'
o.v.R.w.a T.. OFFICIAL PUBLIC RECORDS WILLIAMSON = f+•-n _��
COUNTY,TEXAS MICHAE R. HATCHt /DAi .,-• 4rZ'
o.R.w.cT.. pFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS REGIST RED PROFESSIONAL LAND SURVEYOR +,�- • :P. r+'Ati/
R_R.Y.0-t•. PLAT RECORDS WILLIAMSON COUNTY,TEXAS NO, 4259, STATE OF TEXAS h �`a+ --'� �,°r cam•'
0 R.w.GT•. DEED RECORDS WILLIAMSON COUNTY,TEXAS J 'scx�•F�°.��/jj�'
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✓'
AS�AM4029 Capital 0l Texas Highway.S u 'T r vF1rc0ie Oaks ProlessanalPI i! - F - f1,/ I 'IPAGE 5 OF 5
C. aza.Surae t25 _ _� r
Austin,Texas 7870,1 /, n •-� REF =!ELD
(512)447-0575 I'J 1V 1r V J O G`f� I Y O
SURVEYING•nEHUI MAF?ING•ENGINEERwG - NOTE E NO. 175OR
�ax� Is,z)sz6-3o2s 'J I_.d, E_ a 1N -^ \� :( N C i L, D AR C E L 148
Prepared By: Surveying And Mapping, Inc.
Michael R. Hatcher
Date: June 15, 2000
CONTROL OF ACCESS CLAUSE
CSJ: -
COUNTY: Williamson
HIGHWAY: State Highway 45
LIMITS: Greenlawn Boulevard to 1919 feet east of CR 170
PARCEL NO: 148 Part 1
A. ACCESS TO AND FROM GRANTOR'S REMAINING PROPERTY WILL BE
PERMITTED:
To the remainder abutting the highway facility.
B. ACCESS TO AND FROM GRANTOR'S REMAINING PROPERTY WILL BE
DENIED:
Access will not be denied.
OJOBT-70081'Tarcei I4CoarI doc
Prepared By: Surveying And Mapping, Inc.
Michael R. Hatcher
Date: June 15, 2000
CONTROL OF ACCESS CLAUSE
CSJ:
COUNTY: Williamson
HIGHWAY: State Highway 45
LIMITS: Greenlawn Boulevard to 1919 feet east of CR 170
PARCEL NO: 148 Part 2
A. ACCESS TO AND FROM GRANTOR'S REMAINING PROPERTY WILL BE
PERMITTED:
To the remainder abutting the highway facility between a point being the
beginning of the first call and a point being 50 feet S 75° 16' 28" W of the
beginning of the second call.
B. ACCESS TO AND FROM GRANTOR'S REMAINING PROPERTY WILL BE
DENIED:
To the remainder abutting the highway facility between a point being 50 feet
S 7511 16' 28" W of the beginning of the second call and a point being the end of
the fourth call of the foregoing field note description.
F I �L� �EO' LL QD
OFFICIAL PUBLIC RECORDS
02-08-200 02:4
4 FM 2001009080
ANDERSON $65.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY: TEXAS
OJOBSLOOSITarcel I43part2 doc
01/19/2001 09:54 FAX 5122185563 CORR PUBLIC WORKS CITY HALL 10014
0
o
JAN-19-2001 08:&G 5122195563 98i P. 14
• r
DATE: January 19, 2001
SUBJECT: City Council Meeting—January 25, 2001
ITEM: 10.C.6. Consider a resolution authorizing the Mayor to execute a
Possession and Use Agreement for Transportation Purposes with
Villages at Warner Ranch PUD, L.P.for right-of-way for the SH 45
Frontage Road Project. This Possession Agreement will allow the
contractor to enter the property to begin the construction project
while the acquisition process is completed.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History: The City has the responsibility of acquiring the necessary right-of-way for the
SH-45 frontage road project.
Funding:
Cost: $248,453.00
Source of funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: N/A
Impact: N/A
Benefit: Allow construction of the SH-45 frontage road project to begin.
Public Comment: N/A
Sponsor: N/A