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R-01-01-25-10C7 - 1/25/2001 S RESOLUTION NO. R-01-01-25-1007 WHEREAS, in order to prepare for the construction of a portion of State Highway No. 45 and proposed A.W. Grimes Boulevard, it is necessary to obtain the right to possession and use of certain property belonging to Stephen M. Jones and wife, Frankie Sue Jones, 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 Stephen M. Jones and wife, Frankie Sue Jones, to grant to the City the necessary rights for the construction a portion of State Highway No. 45 and proposed A.W. Grimes Boulevard, 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 K:\WPDOCS\RESOLUTI\R10125C7.WPD/SC 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, and the Act . RESOLVED this 25th day of January, 2001 . ROTMRT A. STLUKA, Mayor City of Round Rock, Texas ATTEST: (Ibly F L-e r JGUNNE LAND, City Secretary 2 r 2001009079, - 3-4 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS § COUNTY OF WILLIAMSON § This Possession and Use Agreement ("Agreement,") is effective the R-s' day of January, 2001, and is between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and Stephen M. Jones and wife, Frankie Sue Jones (the "Grantor"). Subject to the terms hereof, Grantor hereby grants to the City, its contractors, agents, and assigns an irrevocable right to possession for the purpose of constructing a portion of the proposed A.W. Grimes Blvd. (Arterial `B") and State Highway No. 45, collectively referred to herein as the "Project." The property involved is described more fully in field notes and plat maps on Exhibits "A", `B", and "C," attached hereto and made a part of this Agreement by reference(the "Property"). 1. Subject to the terms hereof and for the consideration paid by the City to Grantor which is set forth in paragraph 2 below, the receipt and sufficiency of which is acknowledged, Grantor grants,bargains, sells and conveys to the City exclusive possession and use of the Property for the purpose of constructing the Project and appurtenances thereto and the right to remove any and all improvements from the Property. This Agreement will also extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future and will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. This Agreement is made and accepted subject to all easements, restrictions, lis pendens and other matters of record in the Official Public Records of Williamson County, Texas, to the extent same are valid and subsisting and pertain to the Property. The City acknowledges that a lawsuit styled Cause No. 98-198-C26; Roundville Partners, L.L.C. and Quintana Development Corporation v. Stephen M. Jones and Frankie Sue Jones, in the 26'Judicial District Court of Williamson County, Texas, is presently pending and this lawsuit pertains to the ownership and title to the Property. 2. In full consideration for this irrevocable grant of possession and use by Grantor, the City will pay to the Grantor contemporaneously with the execution of this Agreement the sum of Three Hundred Thousand Dollars($300,000.00). The parties agree that this sum will be applied to and offset from any award, final settlement or consideration later paid by the City to Grantor for the acquisition of the Property pursuant to eminent domain proceedings or a contract of sale covering the Property. Upon Grantor's actual receipt of good funds in the amount of$300,000.00, the City will be entitled to take immediate possession and use of the Property pursuant to the terms of this Agreement. 3. This Agreement is made with the agreement that the City will continue to negotiate in good faith with the Grantor to acquire fee simple title to the Property by direct purchase. It is further agreed that the City will soon institute proceedings in eminent domain to acquire fee title to the Property, and that City will vigorously pursue said eminent domain proceedings. The City agrees that the petition in eminent domain covering the Property C:\WPDOCS\ACITY\SH 45\Jones\Possession Agreement\final—pd/sls 1 will be filed with the appropriate court (the "Court") on or before January 31, 2001 and, if the parties fail to enter into a mutually agreeable contract of sale covering the Property,the Condemnation Commissioners Hearing covering the Property(the "Hearing")will be held on or before July 1, 2001. If the Commissioners' Award pursuant to the Hearing is more than the consideration paid to Grantor pursuant to paragraph 2, the City agrees to deposit the difference with the Court on or before 14 days after the date of the aforesaid Hearing. The date of taking for eminent domain purposes shall be the date that the Condemnation Commissioners' Award is deposited into the registry of the Court, or April 1, 2001, whichever first occurs. 4. By virtue of the granting of permission to the City to take temporary possession of the Property in accordance with the terms of this Agreement, Grantor does not waive any legal rights or defenses under the Constitution of the United States, the Constitution and Statutes of the State of Texas or any other provisions of law that Grantor may have in connection with the acquisition of rights to the Property by the City under the right of eminent domain or otherwise, including the right to contest the City's authority to acquire the Property by eminent domain. By entering into this Agreement, neither party waives any of their legal rights regarding the condemnation of the Property, including any right to appeal or otherwise complain of any award by Special Commissioners appointed in said eminent domain proceedings. 5. The City's right to enter and possess the Property pursuant to this Agreement will automatically terminate on the fourteenth(14`'') day following the Commissioners' Award for the Property. Thereafter, continued possession, if at all, will be pursuant to a deposit of a Special Commissioners' Award according to Texas law governing possession in a statutory eminent domain case. 6. One of the purposes of this Agreement is to allow the City to proceed with the construction of the Project without delay. 7. In any conveyance of the Property, Grantor reserves all of the oil, gas, sulphur and other minerals in and under the Property,but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 8. The undersigned Grantor agrees to pay, at the entry of final judgment in an eminent domain proceeding covering the Property, any taxes, including prorated taxes for the current year due as of the above referenced date of taking, which are then due and owing and assessed against the Property. 9. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties. 10. It is agreed the City will record this document. 2 11. 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. 12. It is agreed that this Agreement shall immediately become null and void upon the conveyance by Grantor of the Property. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the/fgday of January, 2001. GRANTOR: ST HEN M. JO FRANKIE SUE JONES Accepted and agreed to by the City this the R-�5- day of January, 2001. CITY OF ROUND ROCK, TEXAS By. / dert A Stluka, its Mayor 3 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this $tk day of January, 2001 by STEPHEN M. JONES. PK ROSS � Notary Public, State of Texas * NCM5Y PUBLIC State of Texas (Printed or Stamped Name of Notary) Comm.Exp.10.13,2= My Commission Expires: STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this day of January, 2001 by FRANKIE SUE JONES. p E, AILROSS Notary Public, State of Texas O NC'e AIRY PUBLIC State of Texas (Printed or Stamped Name of Notary) CO,'nm.EXP.10-13-2002 My Commission Expires: STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this :Qq day of January, 2001 by ROBERT A. STLUKA, Mayor of the City of Round Rock, Texas. U CHRISTINE R. INEZ Notary Public, State of Texas .� MY COMMiS5i0N EXPIRES mAerlAJ"] August 5_201 (Printed or Stamped Name of Notary) •LJ My Commission Expires: _-S-_Q 4 1.79 Acres Right-of-Way FN1738(CUP) Memucan Hunt Survey March 10, 2000 Williamson County, Texas SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 1.79 ACRE TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SRUVEY, HENDERSON TRACT SUBDIVISION, WILLIAMSON COUNTY, TEXAS, BEING ALL OF LOT 5, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS CONVEYED IN THE DEED TO STEPHENS M. JONES, AS RECORDED IN VOLUME 2128, PAGE 618 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.79 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8-inch iron rod found for the intersection of the south ROW line of Louis Henna Boulevard, right-of-way (ROW) varies, and the north ROW line of County Road No. 170, ROW varies, same being the west corner of Lot 5 of said Henderson Tract subdivision, also being the west corner of the tract described herein, and the POINT OF BEGINNING; THENCE with the south ROW line of said Louis Henna Boulevard. same being the north line of Lot 5 of said Henderson Tract Subdivision N 71' 54' 19" E, a distance of 373.11 feet to a 5/8-inch iron rod found for the north common corner of Lots 5 and 1 of said subdivision, same being the north corner of the tract described herein, from which a '/-inch iron rod found bears N 71' 54' 19" E, a distance of 160.32 feet; THENCE with the common lines of said Lots 5 and 1 the following two(2)courses and distances: 1. S 18° 07' 56" E, a distance of 249.87 feet to a '/Z-inch iron rod found; and 2. S 390 51' 02" W, a distance of 153.76 feet to a Y-inch iron rod found in the north ROW line of County Road 170, same being the most westerly common corner of said Lots 5 and 1, from which a %-inch iron rod found bears S 540 20' 05" E, a distance of 283.40 feet; THENCE with said north ROW line, same being the south line of said Lot 5, N 54° 20' 05" W, a distance of 410.98 feet to the POINT OF BEGINNING and containing 1.79 acres of land, more or less. BEARING BASIS: Texas Lambert Grid, Central Zone, NAD 83/Harn, U.S. Feet, Surface Coordinates. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That I, John E Brautigam, 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 during March 2000 under my direction and supervision. WITNESS MY°HAND AND SEAL at Austin, Travis County, Texas n this 14"'day of March, 2000A. D. SURVEYING AND MAPPING, INC. 4029 Capital of Texas Hwy. So., Suite 125 J n E Br igam Austin, Texas 78704 R gistere rofessional CJS N . 5057 tate of Tex '•'••• .NN..N..N..NNNN.N. EXHIBIT .AOHN E AUTIGAM • 9's 9 5057 +� ' P. 0,f 8 S%...r''-�� SURD Pagel of 2 100 50 0 100 GRAPHIC SCALE SCALE: I" = 100' MARCH, 2000 MEMUCAN HUNT SURVEY WILLIAMSON COUNTY, TEXAS �� 160 32 ._ LpUiS 33,1 N N�1'S4�9 D. LOT 4 0 P.O.B. 5/g" IRF 1.79 ACRES N Pp LOT 1 ASO, LOT 5 CIO, '� HENDERSON TRACT o O +� SUBDIVISION �P l �'+�d '98. ��'1•. CABINET i, SLIDE 195 'tip 0 .g'� 1� P,R.W.C.TX. 150 STEPHEN M. JONES s VOL. 2128, PG. 618 sg 0.R.W.C.TX, �o• os, F �8 LEGEND 0 1/2" IRON ROD FOUND UNLESS NOTED I.R.F. IRON ROD FOUND P.O.B. POINT OF BEGINNING O.R.W.C.TX. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.TX, DEED RECORDS WILLIAMSON COUNTY, TEXAS NOTE: SEE METES AND BOUNDS DESCRIPTION FOR BEARING BASIS. Page 2 of 2 J0� NUTAfJh f�10S-20 su�vt7oie xm ncumoom'"""a""' SqM `°""""""'"'""'••" SKETCH TO ACCOMPANY w.n.nua nix f1C1DNOT4 /1117]♦ INC. tuq rig-uns rlN..►�oTNw�+ruarc """°""'"" � �°" FIELD NOTE No. 1738 Page I of 5 April 18,2000 County: Williamson Parcel No.: 151 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: FIELD NOTE DESCRIPTION FOR PARCEL 151 PART 1 DESCRIPTION OF A 0.387 ACRE(16,856 SQUARE FEET)TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 HENDERSON TRACT SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195-196, PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO STEPHEN M. JONES AS RECORDED IN VOLUME 2128, PAGE 618 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.387 ACRE (16,856 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT-OF-WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2-inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set in the west line of Lot 4 of said Henderson Tract Subdivision,being the same tract of land conveyed by Warranty Deed to Roundville Partners, L.L.C. as recorded in Document No. 9801007 of the Official Records Williamson County, Texas, same being an east line of said Lot 1, also being in the proposed south right-of-way (ROW) line of State Highway 45(S.H.45),being 199.93 feet right of the Survey Baseline Station 634+74.84, from which a 1/2-inch iron rod found for the southwest corner of said Lot 4 bears S 18°05'30"E,a distance of 149.50 feet; THENCE with said proposed south ROW line, crossing said Lot 1 the following two (2) courses and distances, numbered 1 and 2: 1) S 70° 38' 55" W, a distance of 131.10 feet to a TxDOT Type II concrete monument set, being 200.00 feet right of Survey Baseline Station 633+43.74,and 2) S 240 04' 16" W, a distance of 43.43 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set in the east line of Lot 5 of said Henderson Tract Subdivision,being the same tract of land conveyed by special warranty deed to Stephen M.Jones as recorded in Volume 2128,Page 618 of the Official Records Williamson County, Texas, same being a west line of said Lot 1, being 231.56 feet right of Survey Baseline Station 633+13.90, from which a 1/2-inch iron rod found bears S 18°07'54"E,a distance of 114.26 feet; - 3) THENCE leaving said proposed south ROW line and with said common line,N 18°07' 54"W, a distance of 135.60 feet to a calculated point in the existing south ROW line of Louis Henna Boulevard, from which a 5/8-inch iron pipe found bears S 71° 54' 25" W, a distance of 373.11 feet, and from which point a 5/8-inch iron pipe found bears N 18°07'54"W,a distance of 0.14 feet; 4) THENCE leaving said common line and with the existing south ROW line of Louis Henna Boulevard N 71° 54'25" E,a distance of 160.32 feet to a 1/2-inch iron rod found for the northwest comer of said Lot 4, same being a north comer of said Lot 1,also being the northeast corner of the tract described herein, EXHIBIT FN 1759 20081-20 Page 2 of 5 April 18,2000 5) THENCE leaving said existing south ROW line, with the west common line of said Lot 1 and said Lot 4 S 18° 05' 30" E, a distance of 100.53 feet to the POINT OF BEGINNING and containing 0.387 acre (16,856 square feet)of land,more or less. PART 2 DESCRIPTION OF A 1.882 ACRE(81,959 SQUARE FEET)TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 AND LOT 3 OF THE OF THE HENDERSON TRACT SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET 1, SLIDE 195, PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THOSE SAME TRACTS OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO STEPHEN M. JONES AS RECORDED IN VOLUME 2128, PAGE 618 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.882 ACRE (81,959 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT-OF-WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2-inch iron rod with a TxDOT aluminum cap set for the southwest corner of the tract described herein,being in the east line of Lot 4 of said Henderson Tract Subdivision,same being a west line of said Lot 1, also being in the proposed south ROW line of said S.H. 45, and being 199.85 feet right of Survey Baseline Station 636+24.89; 1) THENCE with said common line N 18° 05' 30" W, a distance of 97.24 feet to a 1/2-inch iron rod found in the existing south ROW line of said Louis Henna Boulevard, from which a 1/2-inch iron rod found bears S 71'54'25"W,a distance of 150.01 feet; 2) THENCE leaving said common line with said existing south ROW line, N 71° 54' 25" E, passing at a distance of 372.67 feet a 1/2-inch iron rod found for the north common corner of said Lot 1 and said Lot 3, in all a total distance of 943.52 feet to a calculated point for the northeast corner of said Lot 3 same being in the west line of a called 5.00 acre tract of land conveyed by deed to Wayne A.Whited,and wife,Barbara Whited as recorded in Volume 637, Page 492 of the Deed Records Williamson County, Texas, same being the northeast comer of the tract described herein,from which a 3/8-inch iron rod found bears N 18° 14'26"W, a distance of 100.03 feet; 3) THENCE leaving said existing south ROW line,with said common line,S 18° 14'26"E,a distance of 76.49 feet to a TxDOT Type II concrete monument set for the southeast comer of the tract described herein being 199.36 feet right of Survey Baseline Station 645+68.83, from which a 3/8-inch iron rod found bears S 18° 14' 26"E, a distance of 667.53 feet; FN 17 59 20081-20 Page 3 of 5 April 18,2000 4) THENCE leaving said common line and crossing said Lot 3 and said Lot 1 with said proposed south ROW line,S 70°38'55" W,at 68.82 feet pass a TxDOT Type II concrete monument set,being 199.40 feet right of Survey Baseline Station 645+00.00, at 571.16 feet pass a 1/2-inch iron rod with a TxDOT aluminum cap set in the common line of said Lot I and said Lot 3, being 199.66 feet right of Survey Baseline Station 639+97.67, in all a total distance of 943.94 feet to the POINT OF BEGINNING and containing 1.882 acres (81,959 square feet)of land,more or less. BEARING BASIS: Texas State Plane Coordinate System,Central Zone,NAD 83. THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, John E Brautigam, 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 April 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the th day of April,2000. SURVEYING AND MAPPING,Inc. 4029 Capital Of Texas Hwy., So. Suite 125 J E Braut am Austin,Texas 78704 R gistered Pr essional Land Surveyor N . 5057-S to of Texas OF �Qi�G��F9Fo�9 i ..... ..........NN.N.H.N JOHN E BRAUTIGAM %..Nz.. • N•NIN.NN• 9 5057 "s ua� FN 1759 20081-20 OE T.wL WILL[AA(SON COUNTY, TEXAS = ASA THOMAS SURVEY A- 609 SCALE 5/s IPF f=f00' 3418'07'54"W'. 0.14' i N , 373.11' 160.32'� �0 � • EXISTING R. O.W. LINE APPROXIMATE LOCATION_.OF SURVEY_LINE_-._635 - __-_.._._--._-__.-_..__-._---.-_-----___..----.--_-____-._--.-.___-_-_._. '--I 4 - --- _._._._._.+-----------"`SURVEY BASELINE ___ - 1---------- -------------------- - ------ N p 40 43"E 5060.48' - STATE HIGHWAY 45 = LOUIS HENNA BLVD. 17- (VARIABLE (VARIABLE WIDTH R.O.W.) 0472 49'38 W 372-72'1 EXISTINGN71 54'25"E 943 52 m CN72 49'38"W 160.001 CN72.49'38"W 150.00'7 160 32 N71'54'25"E 150.01' " R.O.W. LWE N71 54'25'E •; Y' 4 37��7x;ar3 //� F 't s *t .y? y , ='.�x i, � V) fF 1.54125"W E � u Z 373.11' m UETAIL A P.O.e. 152 ;� ;4'BT; PART 1 v E :634 .74.84 2513. fid, c� 199.93'RT } !N-10151616. -- 80605 A�S LOT 5 ,FE-3142372.18866 - S70'38'55" —W 372.78-- --- -------------------- 20' GRAIMASE EASEMENT 7 - ----943.94 ------------- -- OT ---- - - - S70*38 55 W 633.13.90 633-43.74 Ul 231.56'RT 200.00'RT i ROUNDVILLE LOT 1 PARTNERS, L.L.C. Lin:• aOC. No. 9801007 LOT 1 O.R.W.C.TX. STEPHEN M. JONES VOL. 2128, PG. 618 • O.R.W. X. HENDERSON TRACT SUBDIVISION L1 L2 L3 L4 S18'05'30"E S24'04'16"W S70'38'55"W N18'07'54"W CABINET I, SLIDES 195-196 100.53' 43.43' 131.10' 135.60' P.R.W.C.T X. [S17*10'22'V ES17'10'22"El L5 L6 L7 S18'07'54"E S18'05'30"E N18'05'30"W 114.26' 149.50' 97.24' CS17.10'22"El LEGEND MEMUCA N HUNT SURVEY A- 314 • TYPE I CONCRETE MONUMENT FOUND O TYPE M CONCRETE MONUMENT FOUND NOTES: � V2-PIPE EPE CFOUNDD UNLESS ENT T 0 M/i"IRON ROD SET W/ TXDOT CAP UNLESS NOTED BEARINGS AND COORDINATES ARE BASED ON THE •• %x••IRON ROO FOUND UNLESS NOTED TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, 60 D NAIL SET UNLESS NOTED A 60 D NAIL FOUND UNLESS NOTED CENTRAL ZONE AND ADJUSTED TO SURFACE USING a CALCULATED POINT A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS It PROPERTY LINE PROVIDED BY DOUG ANDERSON,RPLS, SURVCON, INC. t CENTER LINE E t RECORD INFORMATION IMPROVEMENTS SHOWN HEREON ARE BASED UPON P.oe. POINT OF BEGINNING TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE P.o.c. POINT OF COMMENCING ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS ►.OA POINT OF REFERENCE NOT SHOWN. 1.T POINT Tf CURVATURE NT NON-TANGENT CURVE fw IRON ROD FOUND DETAILS ARE NOT DRAWN TO SCALE. PF IRON PIPE FOUND RECORDERS MEMORANDUM o.PnASEMENT W.C.T.OFFICIAL TPUBLICILITY ERECORDS WILLIAMSON COUNTY,TEXAS All or parts Of the tact on this page waS not TY.TEXAS P�w.t.T. PLATRECORDSWILLIAASON COUNAL RECORDS WILLIAMSON TY•TEXAS dearly k4ble for ufisfi 0 rCCtr t10n, Oft-M.C.T.. DEED RECORDS WILLIAMSON COUNTY.TEXAS JIM Capital wTexas IFgtmw.So. RIGHT-OF-WAY PLAT PAGE 4 OF 5 SAM rN� Broclie e Pcdessiom Plaza. "2s SHOWING PROPERTY OF REF- FIELD Austin,Teras 78701 wmEnNc-.EaAL wwva+G•ENGINEERING a'M M7� STEPHEN M. J 0 N E S NOTE NO. 17 59 Foc (512)M-3029 PARCEL 151 WILLIAMSON COUNTY, TEXAS SCALE 1"=100' •• •� ASA THOMAS SURVEY A- 609 N N 70'40'43,E 5060.48' 645 _._._ ._._. SURVEY BASELINE 6 L - 4=-__. -- ------- -- -- --- - - ...__. - ,4PPROXIMATE LOCATIO/V OF SURVEY GINE IRF , Z STATE HIGHWAY 4 LOUIS H�;NNA BLVD.LO old CN72.49'38"W (VARIABLE WIDTH R.O.W•) N _rn 372.727 ` :.;.,,.....:.'54'25"E 943.52' O S 10,'22'^E�,.. .,., N7t° S 0-611 E EXISTING R O.W LINE 89.051 �t LLI 1 f ,L645•oo.00 68 82 — _ m CZ9 ,R LU ' W 199.40 RT - -_ POSED Z — ,W 3. 6 RT O DR ; rn $70°38'55 94 94' 64568.83 20' pRA1NAGE EASEMENT _ � 199.3LA � ------------------------------------ n. -------------- {:OT 1 j5' VW LOT 3 ::r_-0 Q ►.��rno STEPHEN M. JONES N v . VOL. 2128, PG. 618 C O.R.W.C.TX. , w HENDERSON TRACT SUBDIVISION CABINET I, SLIDES 195-196 P.R.W.C.Tx. mT _ ain= MEMUCAN RUNT SURVEY A- 314 , �_ . LEGEND ■ TYPE (CONCRETE MONUMENT FOUND £9 TYPE 8 CONCRETE MONUMENT FOUND ® TYPE NCONCRETE MONUMENT SET %2"PIPE FOUND UNLESS NOTED o %2"IRON ROD SET W/ TXDOT CAP UNLESS NOTED • Y2"IRON ROD FOUND UNLESS NOTED A 60 0 NAIL SET UNLESS NOTED I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE A 60 D NAIL FOUND UNLESS NOTED GROUND UN R MY DIRECTION AND SUPERVISION AND THAT a CALCULATED POINT t PROPERTY LINE T S PLAT i TRUE AND CORRECT TO THE BEST OF MY t CENTER LINE K OWLEDGE AND BELIEF. OF I I RECORD INFORMATION L A�. � ... $T F p�-�' P.O.B. POINT OF BEGINNING 1 L,� : F, F••'j7 P.o.c. POINT OF COMMENCING v • Q Q: P.O.R. POINT OF REFERENCE • P.c. POINT OF CURVATURE J N E BR TIGAM ATE ••«••••«••••«•«.«•«•••••• p T POINT OF TANGENCY R (STERE ROFESSIONAL LAND SURVEYOR JOHN E BRAUTIGAM NT NON-TANGENT CURVE •...�°..•«°.°. «•.••..••.•« NJ,. 5057, TE Of TEXAS o �; RF IRON ROD FOUND IPT IRON PIPE FOUND `•:'9 557 P: P.u.E. PUBLIC UTILITY EASEMENT RECORDERS MEMORANDUM w•-•y�RESS�O?• Q OP.R.W.C.T..OFFICIAL PUBLIC RECORDS WILLIAMSON -✓O•••••••• .•�••1!.� COUNTY TEXAS All or para of die tact on this pate was not S(J aV V OR.W.C.T.. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS PR.W.c.T:. PLAT RECORDS WILLIAMSON COUNTY.TEXAS 102.h. fog tatiefiamy rimotdation oA.W.c.T. DEED RECORDS WI_LJAMSON COUNTY,TEXAS ® 4029 Ceplal oa Texas KgtmW,So. RIGHT-OF-WAY PLAT PAGE 5 OF 5 SAM '"a eTodeOaks ssalwPlaza,SuM1e125 SHOWING PROPERTY OF REF. FIELD Austin,Texas az 78 78704 SURVEYING-AERIAL MAPPING-ENGINEERING (512)447-0576 STEPHEN M. JONES NOTE OO T E NO. 1759 F— (512)326-3029 0.46 Acre FN 1781(CMS) Memucan Hunt Survey,Abstract No. 314 May 4,2000 Williamson County,Texas SAM, Inc.Job No. 99252-21 DESCRIPTION OF A 0.46 ACRE TRACT OF LAND IN THE MEMUCAN HUNT SURVEY ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOTS 1 AND 2 HENDERSON TRACT SUBDIVISION AS RECORDED IN CABINET I, SLIDE 195 OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, SAME BEING CONVEYED IN THE DEED TO STEPHEN M. JONES AS RECORDED IN VOLUME 2128, PAGE 618 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.46 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2-inch iron rod found in the east right-of-way(ROW) line of County Road No. 170 (variable width ROW), same being the west common corner of Lots I and 5 of said Henderson Tract Subdivision and the POINT OF BEGINNING; THENCE with a common line of said Lots 1 and 5,N 39°51'03" E,a distance of 114.05 feet to a 1/2-inch iron rod with cap set for the northeast corner of the tract described herein, from which a 1/2-inch iron rod found for a common comer of said Lots 1 and 5 bears N 39°51'03" E,a distance of 39.70 feet; THENCE leaving said common line and crossing said Lots I and 2 the following three(3)courses and distances: 1. with the arc of a curve to the left a distance of 336.70 feet through a central angle of 25° 45' 22", having a radius of 749.00 feet and whose chord bears S 39° 28' 53" E, a distance of 333.87 feet to a concrete monument set; 2. S 08°45'49" W, a distance of 28.66 feet to a concrete monument set,and 3. S 54'16'44"E a distance of 200.07 feet to a % inch iron rod with cap set in the south line of said Lot 2, same being the north ROW line of Roundville Lane (a 50 foot wide road easement) as described in Volume 1125, Page 368 of the Official Records Williamson County, Texas, from which a 1/2-inch iron rod found in said north ROW line, same being the southeast corner of said Lot 2 bears, N 66°28'47" E,a distance of 491.85 feet; THENCE with said common line S 66° 28' 47" W, a distance of 2.83 feet to a 1/2-inch iron rod found for the intersection of said north ROW line and said east ROW line,same being the southwest corner of said Lot 2; THENCE with said east ROW line same being the west lines of said Lots 1 and 2, N 54° 19'58" W, a distance of 542.63 feet to the POINT OF BEGINNING and containing 0.46 acre of land more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS § § 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 during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County,Texas on this 9`h day of Ma ,llb. @�at T PR+� SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 is el R. Hatcher Austin,Texas 78704 Registered Professional No.4259-State of Texa e�►tsf�rjy0 EXHIBIT see suR Page ( of 2 \ DETAIL A oa 0 \ i o &I STEPHEN M. JONES -A .,7b NVOL. 2128,PG. 618 0 56 2 O.R.W.C.TX. �^ �39.51'03'•E LOT 5 C/ 39.70' sT MAY, 2000 \ \c�0 ,h�p`'� 6.250 45,22„ MEMUCAN HUNT SURVEY A-314 �y o, a R•749.00' Lor 1 WILLIAMSON COUNTY, TEXAS T-171.24' SCALE 1"-100' \F L•336.70' 0 50 100 \ CB- S39°28'53"E P.O.B. C-333.87' \ O STEPHEN M. JONES \ '96' VOL. 2128,PG.618 O.R.W.C.TX. HENDERSON TRACT SU \ qC CABINE B01 SLIDE 195 P.R.W.C.TX. \ c �o / \ \ \ 968 rtiO RZ r}7 O LOT 2 \ 0, \ Iry 1 \\ 010 . .LgA'I E� MEMUCAN HUNT SURVEY A - 314 \ N66� IN, \ SEE DETAIL A �QU*pER3 6 O% \ < / NOTES LEGEND BEARINGS AND COORDINATES ARE BASED ON THE OF ® CONCRETE MONUMENT SET TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, { y • yz" PIPE FOUND UNLESS NOTED CENTRAL ZONE AND ADJUSTED TO SURFACE USING 16 r T 0 /z"IRON ROD SET W/CAP UNLESS NOTED A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS • ''/z" IRON ROD FOUND UNLESS NOTED PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. ♦ di I ) RECORD INFORMATION P.O.S. POINT OF BEGINNING DETAILS ARE NOT DRAWN TO SCALE. CF'WH.RHA P.o.c. POINT COMMENCING RIF IRON ROD FOUND 10 PF IRON PIPE FOUND o.P.R.w.C.T..OFFICIAL PUBLIC RECORDS WILLIAMSON I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE le O �f COUNTY,TEXAS GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT �h ��_�� t�{� O.R.w.C.T._ OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY O VR ` P.R'W.C.T�. PLAT RECORDS WILLIAMSON COUNTY.TEXAS D.R. .t.iK. DEED RECORDS WILLIAMSON COUNTY,TEXAS KNOWLEDGE AND B EF. s Ute ICHAE R. HATCHER D TE REGIST RED PROFESSIONAL LAND SURVEYOR NO. 42 9, STATE OF TEXAS "me- Au4029 CapitalofTexas Highway,So. RIGHT-OF-WAY PLAT PACE 2 of z AM ode Oaks Professional Plaza,Suite 125 SHOWING PROPERTY OF Austin,Texas 78704 REF. FIELD SURVEYING•AERIAL MAPPING-ENGINEERING (512)447-0575 STEPHEN M. J 0 N E S NOTE No. 1781 &3 Fax: (512)32029 01/19/2001 09:52 FAX 5122185563 CORR PUBLIC WORKS CITY HALL 10008 X ls� 03 Q UN CL 0 2 r` d r: 0 rr r i \ r •� r' f J�f_ �.. JAN-19-2001 09 05 5122185563 9E3%. P.08 BEGIN SESSION @ Fri Apr 14 10:2' 9 2000 Points 2 to 1000 deleted. 10000 points in workfile. skp151pl FROM ANGLE DIST NORTH EAST TO -------------------------------------------- ***** START 10000.00000 50000.00000 1 1 TRAV S 70 38 55 W 131.10 9956.55860 49876.30661 2 2 TRAV S 24 04 16 W 43.43 9916.90528 49858.59281 3 3 TRAV N 18 07 54 w 135.60 10045.77191 49816.39385 4 4 TRAV N 71 54 25 E 160.32 10095.56108 49968.78657 5 5 TRAV S 18 05 30 E 100.53 10000.00120 50000.00498 6 -------------------------------- LAT & DEP -0.00120 -0.00498 6 HCLOSE S 76 28 33 w 0.01 10000.00000 50000.00000 1 PREC = 1 TO 111580 Area = 16855.63 sq ft 0.38695 ac BEGIN SESSION Q Fri Apr 14 10:31 9 2000 Points 2 to 1000 deleted. 10000 points in workfile. skp151p2 FROM ANGLE DIST NORTH EAST TO ***** START 10000.00000 50000.00000 1 1 TRAV N 18 05 30 W 97.24 10092.43254 49969.80327 2 2 TRAV N 71 54 25 E 943.52 10385.45327 50866.66939 3 3 TRAV S 18 14 26 E 76.49 10312.80683 50890.61132 4 4 TRAV S 70 38 55 W 943.94 10000.02216 50000.00003 5 LAT & DEP --------------0.02216==-----0 00003=---=__ 5 HCLOSE S 0 04 12 W 0.02 10000.00000 50000.00000 1 PREC = 1 TO 93025 Area = 81958.55 sq ft 1.88151 ac DATE: January 19, 2001 SUBJECT: City Council Meeting—January 25, 2001 ITEM: 10.C.7. Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement for Transportation Purposes with Stephen M. Jones and wife, Frankie Sue Jones for right-of-way for the SH 45 Frontage Road Project and proposed A.W. Grimes Boulevard. 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 and for the proposed A.W. Grimes Boulevard. Funding: Cost: $300,000.00 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 and A.W. Grimes projects to begin. Public Comment: N/A Sponsor: N/A