R-01-01-25-10C9 - 1/25/2001 RESOLUTION NO. R-01-01-25-10C9
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 J17 Fortune, L. P. and Sunstate
Equipment, Inc . , 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 J17 Fortune, L. P. and Sunstate
Equipment, Inc . 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\R10125C9.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 .
J-4L
ROBERT A. STLUKA, M. , Mayor
City of Round Rock, Texas
ATTEST:
&W,4b—
JO#4NE LAND, City Secretary
2
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Possession and Use Agreement ("Agreement,") effective the _ day of January, 2001
between the City of Round Rock, Texas, a home rule municipal corporation(the"City"), and J17
Fortune, L.P. (the "Owner") and Sunstate Equipment, Inc., ("the Lessee"). Owner and Lessee are
herein collectively referred to as ("Grantors".)
RECITALS
A. As set forth below, this Agreement grants an irrevocable right to possession and
use to the City, its contractors, agents, assigns and all others deemed necessary by the City 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 attached hereto as Exhibits "A," "D," and `B"
and made a part of this Agreement by reference (the"Property").
B. A portion of the Property is leased to Lessee and such portion (the "Leasehold
Portion") is described more fully in field notes and plat map attached hereto as Exhibit `B" and
made a part of this Agreement.
r
C. The remaining portion of the Property is not subject to a lease to Lessee and such
portion (the "Non-Leasehold Portion") is described more fully in field notes and plat map
attached hereto as Exhibit"C"and made a part of this Agreement.
D. Lessee wishes to retain possession of the Leasehold Portion until it can make
arrangements to vacate, which date is March 1, 2001, and City is agreeable to accommodating
Lessee's needs.
E. City needs to gain immediate possession of the Non-Leasehold Portion to allow
for construction of the Project to begin and Owner is agreeable to accommodating the City's
needs.
F. The City also needs to gain possession of two narrow strips of land to be utilized
as slope easements for the proposed A.W. Grimes Blvd. as described more fully in field notes and
plat maps attached hereto as Exhibits "D"and"E".
Now therefore, the parties hereto agree as follows:
1. Subject to the provisions of paragraph 3. below, for the consideration paid by the City
which is set forth in paragraph 2. below, the receipt and sufficiency of which is
acknowledged, Grantors grant, bargain, sell and convey to the City exclusive possession
C:\WPDOCS\ACITY\SH 45\J17_Portune\P0ssession Agreement\fina1.wpd/s1s
and use of the Property for the purpose of constructing the Project and appurtenances
thereto and the right to remove any and all improvements. 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.
2. In full consideration for this irrevocable grant of possession and use, the City will tender
to Barron, Adler&Anderson, L.L.P., to be placed in its trust account on behalf of Owner
and Lessee, the sum of One Million One Hundred Sixteen Thousand Six Dollars
($1,116,006.00). The parties agree that the sum tendered represents the City's
determination of the just compensation owed to the Grantors for the full fee title interest to
be acquired by the City in the Property, encumbered with the improvements thereon, if
any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The
parties also agree that Grantors dispute the City's aforesaid determination as to just
compensation. The parties agree that this sum will be deducted from any final settlement
amount, award, verdict or judgment. In the event the final award, verdict or judgment for
the fee title is less than the amount the City has paid for the possession and use of the
Property, then the Grantors agree that the original amount tendered represents an
overpayment and that the City is entitled to a refund of the difference between the award,
verdict or judgment and the original amount tendered. City will be entitled to take
possession and use of the Non-Leasehold Portion upon tender of payment. The City will
be entitled to take possession and use of the Leasehold Portion on March 1, 2001. 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. The parties agree that the Condemnation Commissioners' hearing,
if necessary, shall not be held prior to March 1, 2001, nor later than July 1, 2001. If the
Commissioners' Award is more than the consideration tendered herein, the City agrees to
deposit the difference with the Court on or before 14 days after the date of the aforesaid
hearing.
3. Regardless of anything contained in paragraph 2. above to the contrary, Grantors shall
have the right of continued use and occupation of the Leasehold Portion, but Grantors
agree that they will vacate the building and antenna located on said Leasehold Portion no
later than March 1, 2001 and Owner agrees to promptly begin no later than March 2,2001
to cause said building and antenna to be removed from the Property and to complete such
removal no later than March 15, 2001, such removal also to include that portion of the
metal building situated on the remainder of Owner's land abutting the Property. If
removal by Owner has not begun by March 2, 2001, or if reasonable progress is not being
made so that the entirety of said building and antenna will be removed by March 15,2001,
the Grantors understand and agree that the City will have the right, without any judicial
process, immediately to take full and complete possession of the Property, including all of
Grantor's remaining property reasonably necessary to allow City to cause the removal of
said antenna and metal building in their entirety. In addition to the foregoing, Grantors
understand and agree that the City will have the right, without any judicial process,
2
immediately to take temporary possession on or after March 15, 2001, of Grantor's
remaining property which is reasonably necessary to allow City to cause the removal of
the portion of the foundation of said metal building located on the Property. The parties
further agree that for the purposes of determining just compensation, it will be assumed
that the building and antenna to be removed from the Leasehold Portion are in place on
the date of taking, even if the removal is accomplished prior to the date of taking.
4. This agreement is made with the understanding that the City will continue to negotiate in
good faith with the Grantors to acquire a fee interest in the Property by direct purchase. It
is further understood that the City has previously instituted proceedings in eminent
domain to acquire fee title to the Property, and that City will continue to vigorously
pursue said eminent domain proceedings.
5. The purpose of this Agreement is to allow the City to proceed with its construction of the
Project without delay.
6. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed 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.
7. The undersigned Grantor agrees to pay at entry of final judgment or at withdrawal of any
funds from the court registry, any taxes, including prorated taxes for the current year, due
as of the above referenced date of taking.
8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators,
legal representatives, successors and assigns of the parties.
9. It is agreed the City will record this document.
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.
11. It is agreed that this Agreement shall immediately become null and void upon either the
conveyance by Grantors of the Property by warranty deed or upon tender by City of the
amount of the eminent domain commissioners' award into the registry of the District
Court in Williamson County.
12. It is agreed that nothing in this Agreement will preclude the City from asserting that the
condemnation action should be tried as one unified taking nor does it preclude the Owner
or the Lessee from asserting that the condemnation action should be divided by any
available grounds including, but not limited to, land uses, parcels, projects or property
interests.
3
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 is several counterparts, each of which will
constitute an original, on this the day of January,2001.
Grantor(Owner):
J17 Fortune,L.P.
By:
R. G. Mueller,Jr., its General Partner
By:
Margaret L. Mueller, Jr., its General Partner
Grantor(Lessee):
Sunstate Equipment, Inc.
By:
,its
Accepted and agreed to by the City this the day of January, 2001.
City of Round Rock, Texas
By:
Robert A Stluka, its Mayor
Acknowledgments
State of Texas
County of
This instrument was acknowledged before me on January 2001 by R. G. Mueller, Jr.,
General Partner of J17 Fortune,L.P.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
200
4
State of Texas
County of
This instrument was acknowledged before me on January 2001 by Margaret Mueller,
General Partner of J17 Fortune,L.P.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
200
State of Texas
County of
This instrument was acknowledged before me on January 2001 by ,
President, of Sunstate Equipment, Inc.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
200
State of Texas
County of Williamson
This instrument was acknowledged before me on January_, 2001 by Robert A. Stluka,
Mayor of the City of Round Rock, Texas.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
, 200_
5
4.27 Acres Right-of-Way FN1728(CUP)
ASA Thomas Survey,Abstract No.609 March 8,2000
Williamson County, Texas SAM, Inc.Job No.99105-20
DESCRIPTION OF A 4.27 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOTS 1, 2, 3, AND 4,
BLOCK A, GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS CONVEYED IN THE DEED TO J17
FORTUNE, L.P., AS RECORDED IN DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 4.27 ACRE TRACT OF LAND AS SHOWN ON THE
ACCOMPANYING SKETCH, AND BEING MORE PARTICUARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a Y2-inch iron rod found in the north right-of-way (ROW) line of County Road No. 170
(Louis Henna Blvd) ROW varies; same being the southwest corner of Lot 4 of DuPont Subdivision, as
recorded in Cabinet O, Slide 102 of the Plat Records of Williamson County, Texas, also being the
southeast corner of Lot 3 of said George Subdivision, also being the southeast comer of the tract
described herein and the POINT OF BEGINNING;
THENCE with the north ROW line of said Louis Henna Blvd, same being the south lines of Lots 3 and 4 of
said George Subdivision,the following two (2)courses and distances:
1. S 69* 12'46"W, a distance of 866.03 feet to a Y2-inch iron rod found; and
2. N 60° 48' 57"W, a distance of 1.95 feet to a 5/8-inch iron rod found for the southwest comer of
Lot 4 of said George Subdivision, same being the southwest corner of the tract described herein;
THENCE leaving said ROW line and with the west lines of Lots 4 and 1 of said George Subdivision
N 00'07'33"E, a distance of 160.67 feet to a concrete monument set;
THENCE leaving said west lines and crossing Lots 1 and 4 of said George Subdivision the following three
(3)courses and distances:
1. N 70°40'43"E, a distance of 186.67 feet to a concrete monument set;
2. N 25°40'43"E, a distance of 168.63 feet to a concrete monument set; and
3. N 16° 40' 14" W. a distance of 306.37 feet to a concrete monument set in the north line of said
Lot 1, same being the south line of a called 187 acre tract of land conveyed in the deed to Doyle
Hickerson and wife Evelyn Hickerson as recorded in Volume 526, Page 50 of the Deed Records
Williamson County, Texas, also being the northwest corner of the tract described herein; from
which a'h-inch iron rod found bears S 690 10' 15"W, a distance of 171.57 feet;
THENCE with the south line of said 187 acre tract, same being the north lines of Lots 1 and 2 of said
George Subdivision N 69' 10' 15" E, passing at a distance of 116.97 feet a Y2-inch iron rod found for the
north common comer of said Lots 1 and 2 in all a distance of 120.32 feet to a concrete monument set,
from which a %2-inch iron rod found bears N 69° 10' 15"E, a distance of 360.61 feet;
EXHIBIT
Page I of 3
r-
4.27 Acres Right-of-Way FN1728(CUP)
ASA Thomas Survey, Abstract No. 609 March 8,2000
Williamson County,Texas SAM, Inc.Job No.99105-20
THENCE leaving said common line and crossing Lots 2 and 3 the following three (3) courses and
distances:
1. S 16' 40' 14" E,a distance of 316.21 feet to a concrete monument set;
2. S 580 30'39"E,a distance of 129.77 feet to a concrete monument set;and
3. N 700 40' 43" E, a distance of 302.62 feet to a concrete monument set in the west tine of Lot 4 of
said DuPont Subdivision, same being the east line of Lot 3 of said George Subdivision,also being
an east corner of the tract described herein, from which a Y2-inch iron rod found for the north
common corner of said Lots 3 and 4 bears N 200 19' 51"W, a distance of 7.18 feet;
THENCE with said common line S 200 35'59" E, a distance of 142.84 feet to the POINT OF BEGINNING
and containing 4.27 acres of land, more or less.
BEARING BASIS:Texas Lambert Grid, Central Zone, NAD 83/Ham, U.S. Feet,Surface Coordinates.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That f, 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 on this 141h day of March,2000 A. D.
SURVEYING AND MAPPING, INC.
4029 Capital of Texas Hwy. So., Suite 125 H5057
m
Austin,Texas 78704 essional Land Surveyor
of Texas
�s. 0F. F
.JOHN F BRAUTIGAM
's 9 5457
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Page 2 of 3
LEGEND, .•UNE TABLE
■ CONCRETE MONUMENT SET _:NE BEARING DISTANCE
• 1/2" IRON ROD FOUND UNLESS NOTED LZ NOD 07'33-E 160.67'
I.R.F. IRON ROO FOUND N25 40'43"E 168.63'
P.O.B. POINT OF BEGINNING L3 N69'10'15"E 120.32'
O.R.W.C.TX. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS LS S5830'39"E 129.77'
P.R.W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS ]�6
0'35'5
9"E 142.84'
D.R.W.C.TX. DEED RECORDS WILLIAMSON COUNTY. TEXAS L6 0'48'57"W 1.95'
MARCH, 2000
ASA THOMAS SURVEY, ABSTRACT NO. 609
WlUlAMSON COUNTY, TEXAS
ICALLED 200 100 0 200
187 ACRES 1 GRAPHIC SCALE OOYLE HICKERSON AND
a WIFE, EVELYN HICKERSON SCALE: 1" = 200'
V) VOL. 526. PG. 50
w O.R.W.C.TX.
Of ,5,j LOT 3
Q w a vtN-
w�-U w �, sE� 360 6 B \ CALLED
N w 3 w'= �.3 BOE, 4.953 ACRES
pq 0 0✓ o: �5 6 96 I CF� 'r \ DUPONT SUBDIVISION
o =a <rn X 569~ . >> t!1 C'4B7 6'F CABINET 0, SLIDE 102
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Page 3 of 3
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01/10/01 10:02 $5129'*0979 MOT CST/CON SV 121002/007
1.46 Acres Right-of-Way FN2085(CUP)
ASA Thomas Survey,Abstract No.609 January 10,2001
Williamson County,Texas SAM, Inc.Job No.20081-20
DESCRIPTION OF A 1.46 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609,WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF LOTS 2,AND 3,BLOCK
A, GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CALLED 9.946
ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO J17 FORTUNE, L.P., AS RECORDED IN
DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.46
ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE
PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Y2-inch iron rod found in the north right-of-way (ROW) fine of County Road No. 170
(Louis Henna Blvd) ROW varies, being the southwest comer of Lot 4 of DuPont Subdivision, as recorded
in Cabinet O, Slide 102 of the Plat Records of Williamson County, Texas, same being the southeast
comer of Lot 3 of said George Subdivision, also being the southeast comer of said 9.946 acre tract and
the POINT OF BEGINNING;
THENCE with the north ROW line of said Louis Henna Blvd, same being the south line of Lot 3 of said
George Subdivision, S 690 12' 46" W, a distance of 399.58 feet to a calculated point for the south
common comer of Lot 4 of said George Subdivision and said Lot 3, from which a 1/2-inch iron rod found
for an angle point in said Lot 4 bears S 690 12'46"W,a distance of 366,45 feet;
THENCE leaving said ROW line and with the common line of Lots 1,2,3,and 4 of said George Subdivision
N 17° 01' 00' W. a distance of 569.85 feet to a 1/2-inch iron rod found for the north common comer of
said Lots 1 and 2, and being in the south line of a called 187 acre tract of land conveyed in the deed to
Doyle Hickerson and Wife Evelyn Hickerson as recorded in Volume 526, Page 50 of the Deed Records
Williamson County,Texas, from which a 1/2-inch iron rod found for the northwest corner of said Lot 1 and
being in the east line of Block A, Lot 1 Final Plat of 'The Homestead'a Subdivision of record in Cabinet
P,Slide 89 Plat Records Williamson County,Texas,bears S 690 10'15"W,a distance of 288.54 feet;
THENCE with the south line of said 187 acre tract and the north line of Lot 2 of said George Subdivision
N 690 10' 15' E, a distance of 3.35 feet to a concrete monument set,from which a 1/2-inch iron rod found
for the northeast corner of said Lot 2,same being in the west line of Lot 3 of said Dupont Subdivision
bears N 69° 10' 15"E, a distance of 360.61 feet;
THENCE leaving said common line and crossing said Lots 2 and 3 of the George Subdivision the
following three (3)courses and distances:
1. S 160 40' 14"E,a distance of 316.21 feet to a concrete monument set,
2. S 589 30'39" E,a distance of 129,77 feet to a concrete monument set, and
3. N 70* 40'43" E, a distance of 302.62 feet to a concrete monument set in the west line of Lot 4 of
said DuPont Subdivision, same being the east line of Lot 3 of said George Subdivision,also being
an east corner of the tract described herein, from which a Y2.-inch iron rod found for the north
common comer of said Lots 3 and 4 bears N 20' 19'51*W,a distance of 7.18 feet;
EXHIBIT
Page 1 of 3
01/10/01 10:02 $5129:100979 F%DOT CST/CON SV U009/007
1.46 Acres Right-of-Way FN2085(CUP)
ASA Thomas Survey,Abstract No.609 January 10,2001
Williamson County,Texas SAM, Inc.Job No.20081-20
THENCE with said common line S 20°35'59" E, a distance of 142.84 feet to the POINT OF BEGINNING
and containing 1.46 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, 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
upervision_WITNESS MY HAND AND SEAL at Austin,Travis County,Texas on this 1 e day of January,2001 A. D.
SURVEYING AND MAPPING, INC. `
Q. A-
4029 Capital of Texas Hwy.So.,Suite 125 Mich 1 R.Hatcher
Austin,Texas 78704 Reg' eyed Professional Land Surveyor
No.4259-State of Texas
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01/10/01 10:02 $5129360979 FX-DOT CST/CON SV
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LEGEND
A CALCULATED POINT
O CONCRETE MONUMENT SET 200 100 0 200
• 11/2" IRON ROD FOUND UNLESS NOTED
I.R.F. IRON ROD FOUND SCALE
S GRAPHIC S
P.O.B. POINT OF BEGINNING SCALE; IC 200'
O.R.W.C.TX. OFFICIAL RECOROS WILLIAMSON COUNTY. TEXAS
P.R.W.C.TX. PLAT RECORDS WILUAMSON COUNTY TEXAS
D.R.W.C.TX. DEED RECORDS WILLIAMSON COUNTY. TEXAS JANUARY, 2001
ASA THOMAS SURVEY. ABSTRACT NO. 609
1YIU IAMSON COUNTY, TEXAS
CALLED
1187 ACRES
DOYLE HICKERSON AND
LL WIFE. EVELYN HICKERSON
y VOL. 526, PG. 50
w D.R.W.C.TX. / LOT 3
i � 36Q 6
4� a oop t1r,�5 B \ DuPONT SUBDIVISION
Nv w N I 9E� �4• c ,pR �G� \ CABINET 0, SLIDE 102
N~ 2 N qe/ GF q P.R.W.C.TX.
W W" M ��� 1
0 0- a v -10'�5 O'. NFT SU
S/ '
CO ��oti 4i O '� �' �F pti
a= Wo r) Z�c r
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cc cs
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z a o o I J S N 0' 3�g 8ti
v aN / A6 PCR O� Q69-0�'�9 E
I �n i % 1• L1
�o y rr w �g9 558'30'39"E
i� < `L 46 129.77'
W a Lp� a�/ 56g110 L2
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6
� �( R B01 142.84'
O00g1� A►�� v5'
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DETAIL A DETAIL 8 DETAIL C
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NOT TO SCALE NOT TO SCALE NOT TO SCALE
NOTE= SEE {HETES ANO BOUNDS DESMPTION FOR BEARING BASIS, Page 3 of 3
jug MthllR 2=-�
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sumvEym PAW ctwFtwm "" SKETCH TO ACCOMPANY
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FIELD NOTE No. 2085
01/10/01 10:03 $5129'40979 F%DOT CST/CON SV 1 005/007
2.81 Acres Right-of-Way FN2086 CUP
January 10,2001
ASA Thomas Survey,Abstract No.609 ►Y
Williamson County,Texas SAM, Inc.Job No.20081-20
DESCRIPTION OF A 2.81 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO.609.WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF LOTS 1,AND 4, BLOCK
A, GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CALLED 9.946
ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO J17 FORTUNE, L.P., AS RECORDED IN
DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 2.81
ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE
PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a Y2-inch iron rod found in the north right-of-way(ROW) line of County Road No_ 170
(Louis Henna Blvd) ROW vanes, being the southwest comer of Lot 4 of DuPont Subdivision, as recorded
in Cabinet O, Slide 102 of the Plat Records of Williamson County, Texas, same being the southeast
comer of Lot 3 of said George Subdivision,also being the southeast comer of said 9.946 acre tract;
THENCE with said north ROW line of said Louis Henna Blvd, same being the south line of Lot 3 of said
George Subdivision, S 69° 12' 46° W, a distance of 399.58 feet to a calculated point for the south
common corner of Lot 4 of said George Subdivision and said Lot 3 and the POINT OF BEGINNING;
THENCE with the north ROW line of said Louis Henna Blvd, same being the south line of Lot 4 of said
George Subdivision,the following two(2)courses and distances:
1. S 69' 12'46"W.a distance of 466.45 feet to a Y2-inch iron rod found,and
2. N 60" 48' 57' W, a distance of 1.95 feet to a 5184nch iron rod found for the southwest comer of
Lot 4 of said George Subdivision,same being the southwest comer of said 9.946 acre tract;
THENCE leaving said ROW line and with the west lines of Lots 4 and 1 of said George Subdivision
N 00'07'33"E, a distance of 160.67 feet to a concrete monument set;
THENCE leaving said west lines and crossing Lots 1 and 4 of said George Subdivision the following three
(3)courses and distances:
1. N 700 40'43N E,a distance of 186.67 feet to a concrete monument set,
2. N 25°40'43" E,a distance of 168.63 feet to a concrete monument set,and
3. N 16° 40' 14" W, a distance of 306.37 feet to a concrete monument set in the north line of said
Lot 1, same being the south line of a called 187 acre tract of land conveyed in the deed to Doyle
Hickerson and wife Evelyn Hickerson as recorded in Volume 526, Page 50 of the Deed Records
Williamson County, Texas, also being the northwest comer of the tract described herein, from
which a Y2-inch iron rod found for the northwest comer of said 9.946 acre tract bears
S 690 10' 15"W,a distance of 171.57 feet;
THENCE with the south line of said 187 acre tract, same being the north line of Lot 1 of said George
Subdivision N 69' 10' 15" E, at a distance of 116.96 feet to a 312-inch iron rod found for the north common
comer of said Lots 1 and 2,from which a Y2-inch iron rod found for the northeast corner of said 9.946 acre
tract bears N 69` 10' 15"E,a distance of 363.97 feet;
EXHIBIT
Page 1 of 3
O1/10/01 10:03 $5129104979 F%DOT CST/CON SV 1@006/007
2.81 Acres Right-of-Way FN2086(CUP)
ASA Thomas Survey,Abstract No. 609 January 10,2001
Williamson County,Texas SAM, Inc.Job No.20081-20
THENCE leaving said common line and with the common line of said Lots 1, 2, 3, and 4 S 17' 01' 00'E,
a distance of 569.85 feet to the POINT OF BEGINNING and containing 2.81 acres of land more or less.
BEARING BASIS:Texas Lambert Grid,Central Zone,NAD 83Mam, U.S. Feet,Surface Coordinates.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That 1, 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 10''day of January,2001 A. D.
SURVEYING AND MAPPING, INC.
4029 Capital of Texas Hwy.So.,Suite 125 WhqQ R.Ha her
Austin,Texas 78704 Regi tared Professional Lend Surveyor
No.4259 State of Texas �p
t''frt rn.:j �• '�L}of ��
,�.le�lops►•gti:tl.�pe'JA:1d
s u
Page 2 of 3
01/10/01 10:03 $51293.60979 F%DOT CST/CON SV _ Q007/007
LEGEND
Q CALCULATED POINT
El CONCRETE MONUMENT SET
0 1/2' IRON ROD FOUND UNLESS NOTED
I.R.F. IRON ROD FOUND 200 100 0 200
P.O.C. POINT OF COMMENCING
P.O.B. POINT OF BEGINNING GRAPHIC SCALE
O.R.W.C.TX. OFFICIAL RECORDS WILUAMSON COUNTY, TEXAS SCALE: 1" = 200'
P.R.W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
D.R.W.C.TX. DEED RECORDS WILLIAMSON COUNTY, TEXAS JANUARY, 2001
ASA THOMAS SURVEY, ABSTRACT NO. 609
CALLED WILLI.AMSON COUNTY, TEXAS
187 ACRES \
DOYLE HICKERSON AND
WIFE. EVELYN HICKERSON
z VOL. 526. PG. 50
to D.R.W.C.TX. ,�� L07 3
z ( r1 ONSMt N6g� 5/
Ng9 96' DuPONT SUBDIVISION
4 ° X16• ` CABINET 0. SLIDE 102
t3 N I0cl LOT 2 P.R.W.C.TX.
w 3 w M S59% \
E-_� a J Olt 5 Z � 9,9
0 U2
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o�'�' w o S� �► P, S�0,f. ' LOT 4
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14 • VA
-.- J HOZ 6 145Q0 - R�$oU AREA DETAIL
APPARENT
qe6 COO) �svllA;tsl BOUNDARY CONFLICT yO-iis 0. - DETAIL NOT TO SCALE
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GP14i SEE
A
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N00a03YE 51m•
160.67
yj
Z7 \`
L1 L3
N60'48'57"W N25640'43NE 51e *6
1.95' 16&63o NOT TO SCALE
NOTE- SEE METES AND ROUNDS DESCRIPTION FOR BEARING BASIS Page 3 of 3
Joe M{IMOEIt —fn
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�•� FIELD NOTE No. 2086
0.15 Acre Slope Easement FN1731 (CUP)
ASA Thomas Survey, Abstract No. 609 March 8, 2000
Williamson County,Texas SAM, Inc.Job No.99105-20
DESCRIPTION OF A 0.15 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A,
GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS CONVEYED IN THE DEED TO J17
FORTUNE, L.P., AS RECORDED IN DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 0.15 ACRE TRACT OF LAND AS SHOWN ON THE
ACCOMPANYING SKETCH, AND BEING MORE PARTICUARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a Y2-inch iron rod found in the south line of a called 187 acre tract of land conveyed in
the deed to Doyle Hickerson and wife, Evelyn Hickerson as recorded in Volume 526, Page 50 of the
Deed Records Williamson County, Texas, same being the north common comer of Lots 1 and 2 of said
George Subdivision, from which a Y2-inch iron rod found bears S 69' 10' 15"W,a distance of 288.54 feet;
THENCE with the common line of said 187 acre tract, and Lot 2 of said George Subdivision N 69' 10' 15"
E, a distance of 3.35 feet to a concrete monument set for the northwest corner of the tract described
herein and the POINT OF BEGINNING;
THENCE with said common line N 69' 10' 15" E, a distance of 19.82 feet to a concrete monument set for
the northeast corner of the tract described herein;from which a'/2-inch iron rod found bears N69010' 15"E
a distance of 340.79 feet;
THENCE leaving said common line and crossing Lot 2 of said George Subdivision the following three (3)
courses and distances:
1. S 16' 40' 14" E,a distance of 339.72 feet to a concrete monument set;
2. N 58'30'39"W, a distance of 29.64 feet to a concrete monument set;and
3. N 16' 40' 14" W, a distance of 316.21 feet to the POINT OF BEGINNING and containing 0.15
acre 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 1, John E Brautigam, a Registered Professional Land Surveyor, do hereby certify that the
above descriptioh 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 this 14"'day of March, 2000 A. D.
SURVEYING AND MAPPING, INC. OF
.�
4029 Capital of Texas Hwy. So., Suite 125 J hn E Br gam
Austin, Texas 78704 gistered ofessional Land Su
5057- t to of Texas OHN E BRALMam
EXHIBIT 9 5057
Ole %°.
} »...••J
i Page I of 2 SUR
DETAIL A
CALLED
187 ACRES
DOYLE HICKERSON AND \
N6i�35 o WIFE, EVELYN HICKERSON
VOL. 526, PG. 50
�P C Q D.R.W.C.TX.
NOT TO SCALE N69'1 O'l5"E
19.82' \
sE
I 5690•j �\ Z � LOT 2
O
LOT 1 0
\ b O vn BLOCK A
\ \
Cr
GEORGE SUBDIVISION
\0,\ PROPOSED I CABINET 0, SLIDE 228
a\ \RICHT OF WAY
\ EASEMENT �� ILAP.R.W.C.TX.
I \0' LA
\\'raCALLED
I \ \
9.946 ACRES \ \ N58'3039"W \
29.64
J17 FORTUNE, L.P.
\ �
DOC. NO. 9725716 y
O.R.W.C.TX. /
LEGEND
Ill CONCRETE MONUMENT SET
• 1/2" IRON ROD FOUND UNLESS NOTED 100 50 0 100
I.R.F. IRON ROD FOUND
P.O.C. POINT OF COMMENCING
P.O.B. POINT OF BEGINNING GRAPHIC SCALE
O.R.W.C.TX. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS SCALE: 1" = 100'
P.R.W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS MARCH, 2000
D.R.W.C.TX. DEED RECORDS WILLIAMSON COUNTY, TEXAS ASA THOMAS SURVEY, ABSTRACT NO. 609
WILLIAMSON COUNTY, TEXAS
REVISED 03-29-00
NOTE: SEE METES AND BOUNDS DESCRIPTION FOR BEARING BASIS. Page 2 of 2
roe NUYBEIt :NERAL
05-20
DAt[: os-19-20M
wnymn: Ks *—I•--••s° SKETCH TO ACCOMPANY
/ARIA'CHIEF: a � w T- W""
FW3J)i00R: 2067 few)u7-°s?s
iN17l1 FIELD NOTE No. 1731
IIELDNOtE: eiwL s•n.s�nywc-•au.co"
CHP SI.IM/EYtra AND MAPPI 46 IML
• iNt17]/R.OIYC
J ♦•
• rl-
0.15 Acre Slope Easement FN 1730(CUP)
ASA Thomas Survey,Abstract No. 609 March 8,2000
Williamson County, Texas SAM, Inc.Job No. 99105-20
DESCRIPTION OF A 0.15 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A,
GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS CONVEYED IN THE DEED TO J17
FORTUNE, L.P., AS RECORDED IN DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 0.15 ACRE TRACT OF LAND AS SHOWN ON THE
ACCOMPANYING. SKETCH, AND BEING MORE PARTICUARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a %z-inch iron rod found in the south line of a called 187 acre tract of land conveyed in
the deed to Doyle Hickerson and wife, Evelyn Hickerson as recorded in Volume 526, Page 50 of the
Deed Records Williamson County, Texas, same being the north common corner of Lots 1 and 2 of said
George Subdivision, from which a Y?-inch iron rod found bears N 69° 10' 15"E, a distance of 363.97 feet;
THENCE with the common line of said 187 acre tract, and Lot 1 of said George Subdivision S 69" 10, 15"
W, a distance of 116.96 feet to a concrete monument set for the northeast corner of the tract described
herein and the POINT OF BEGINNING;
THENCE leaving said common line and crossing Lot 1 of said George Subdivision the following three (3)
courses and distances:
1. S 16° 40' 14"E, a distance of 306.37 feet to a concrete monument set;
2. S 25° 40'43"W, a distance of 29.69 feet to a concrete monument set; and
3. N 16° 40' 14"W, a distance of 326.86 feet to a concrete monument set in said common line; from
which a 1/2-inch iron rod found bears S 690 10' 15"W,a distance of 151.52 feet.
THENCE with said common line N 690 10' 15" E, a distance of 20.05 feet to the POINT OF BEGINNING
and containing 0.15 acre 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 on this 141'day of March, 2000 A. D.
SURVEYING AND MAPPING, INC. r-- ��.OF.
4029 Capital of Texas Hwy. So., Suite 125 FhnE r tigam LP ,%,sAustin, Texas 78704 rofessional Land S- tate of Texas '""'N g M
EXHIBIT �"'"""""""�GAM
E 9 5057
rC_ Page I of 2 SU '.
01/19/2001 09:53 FAX 5122185563 CORR PUBLIC WORKS CITY HALL 10012
fy
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JAN-19-2001 092)6 5122185563 98% P. 12
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I \
CALLED
187 ACRES
IDOYLE HICKERSON AND
WIFE, EVELYN HICKERSON
I VOL. 526, PG. 50
D.R.W.C.TX. N6gj "
N69'10'15"E 0
I 20.05 >>6
N Sz p 1 \
8,0,501$ �� �Oe 1\ \ LOT 2
56 y LOT 1
• $ BLOCK A
PROPOSED
I PERMANENT O AINAGE
J \ \
EASEMENT ��_ \ \ GEORGE SUBDIVISION
I v` 1 \ CABINET 0, SLIDE 228
�L\ P.R.W.C.TX.
I /
i
PROPOSED a\
RICHT OF WAY
i \
i
�
� EASEMENT� / \
LOT 1
� J \
I CALLED \
9.946 ACRES
I \
J17 FORTUNE, L.P.
DOC. NO. 9725716 �S25 40 43"W
O.R.W.C.TX. I 29.69' 1
I �
I /
LEGEND
CONCRETE MONUMENT SET
•
1/2" IRON ROD FOUND UNLESS NOTED 100 50 p
I.R.F. IRON ROD FOUND I.R.F.
P.O.C. POINT OF COMMENCING
P.O.B. POINT OF BEGINNING GRAPHIC SCALE
O.R.W.C.TX. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS SCALE: 1" = 1001
P.R.W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
D.R.W.C.TX. DEED RECORDS WILLIAMSON COUNTY, TEXAS ASA THOMAS MARCH, 2000
SURVEY, ABSTRACT NO. 809
WILLIAMSON COUNTY. TEXAS
NOTE. SEE METES AND BOUNOS DESCRIPTION FOR BEARING BASIS.
Poge 2 o1 2
im XUWK . N10S-10
04TV 03-1�-2000
IELMODlc !C0 S�MnC
�"""i"ii'OKS SKETCH TO ACCOMPANY
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CUP FIELD NOTE No. 1730
DATE: January 19, 2001
SUBJECT: City Council Meeting—January 25, 2001
ITEM: 10.C.9. Consider a resolution authorizing the Mayor to execute a
Possession and Use Agreement for Transportation Purposes with
J17 Fortune, L.P. and Sunstate Equipment, Inc.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: $1,116,006.00
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
EXECUTED
DOCUMENT
FOLLOWS
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Possession and Use Agreement ("Agreement,") effective the .i day of January, 2001,
between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and J17
Fortune, L.P. (the "Owner") and Sunstate Equipment, Inc., ("the Lessee"). Owner and Lessee are
herein collectively referred to as ("Grantors".)
RECITALS
A. As set forth below, this Agreement grants an irrevocable right to possession and
use to the City, its contractors, agents, assigns and all others deemed necessary by the City 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 attached hereto as Exhibits "A," "D," and "E"
and made a part of this Agreement by reference (the "Property").
B. A portion of the Property is leased to Lessee and such portion (the "Leasehold
Portion") is described more fully in field notes and plat map attached hereto as Exhibit `B" and
made a part of this Agreement.
C. The remaining portion of the Property is not subject to a lease to Lessee and such
portion (the "Non-Leasehold Portion") is described more fully in field notes and plat map
attached hereto as Exhibit"C" and made a part of this Agreement.
D. Lessee wishes to retain possession of the Leasehold Portion until it can make
arrangements to vacate, which date is March 1, 2001, and City is agreeable to accommodating
Lessee's needs.
E. City needs to gain immediate possession of the Non-Leasehold Portion to allow for
construction of the Project to begin and Owner is agreeable to accommodating the City's needs.
F. The City also needs to gain possession of two narrow strips of land to be utilized
as slope easements for the proposed A.W. Grimes Blvd. as described more fully in field notes and
plat maps attached hereto as Exhibits "D" and "E".
Now therefore, the parties hereto agree as follows:
1. Subject to the provisions of paragraph 3. below, for the consideration paid by the City
which is set forth in paragraph 2. below, the receipt and sufficiency of which is
acknowledged, Grantors grant, bargain, sell and convey 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. This Agreement will also
K: muellerrandy\O\possession&use2.wpd/sls
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.
2. In full consideration for this irrevocable grant of possession and use, the City will tender
to Barron, Adler&Anderson, L.L.P., to be placed in its trust account on behalf of Owner
and Lessee, the sum of One Million One Hundred Sixteen Thousand Six Dollars
($1,116,006.00). The parties agree that the sum tendered represents the City's
determination of the just compensation owed to the Grantors for the full fee title interest to
be acquired by the City in the Property, encumbered with the improvements thereon, if
any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The
parties also agree that Grantors dispute the City's aforesaid determination as to just
compensation. The parties agree that this sum will be deducted from any final settlement
amount, award, verdict or judgment. In the event the final award, verdict or judgment for
the fee title is less than the amount the City has paid for the possession and use of the
Property, then the Grantors agree that the original amount tendered represents an
overpayment and that the City is entitled to a refund of the difference between the award,
verdict or judgment and the original amount tendered. City will be entitled to take
possession and use of the Non-Leasehold Portion upon tender of payment. The City will
be entitled to take possession and use of the Leasehold Portion on March 1, 2001. 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. The parties agree that the Condemnation Commissioners' hearing,
if necessary, shall not be held prior to March 1, 2001, nor later than July 1, 2001. If the
Commissioners' Award is more than the consideration tendered herein, the City agrees to
deposit the difference with the Court on or before 14 days after the date of the aforesaid
hearing.
3. Regardless of anything contained in paragraph 2. above to the contrary, Grantors shall
have the right of continued use and occupation of the Leasehold Portion, but Grantors
agree that they will vacate the building and antenna located on said Leasehold Portion no
later than March 1, 2001 and Owner agrees to promptly begin no later than March 2, 2001
to cause said building and antenna to be removed from the Property and to complete such
removal no later than March 15, 2001, such removal also to include that portion of the
metal building situated on the remainder of Owner's land abutting the Property. If
removal by Owner has not begun by March 2, 2001, or if reasonable progress is not being
made so that the entirety of said building and antenna will be removed by March 15, 2001,
the Grantors understand and agree that the City will have the right, without any judicial
process, immediately to take full and complete possession of the Property, including all of
Grantor's remaining property reasonably necessary to allow City to cause the removal of
said antenna and metal building in their entirety. In addition to the foregoing, Grantors
understand and agree that the City will have the right, without any judicial process,
immediately to take temporary possession on or after March 15, 2001, of Grantor's
remaining property which is reasonably necessary to allow City to cause the removal of
2
the portion of the foundation of said metal building located on the Property. The parties
further agree that for the purposes of determining just compensation, it will be assumed
that the building and antenna to be removed from the Leasehold Portion are in place on
the date of taking, even if the removal is accomplished prior to the date of taking.
4. This agreement is made with the understanding that the City will continue to negotiate in
good faith with the Grantors to acquire a fee interest in the Property by direct purchase. It
is further understood that the City has previously instituted proceedings in eminent
domain to acquire fee title to the Property, and that City will continue to vigorously pursue
said eminent domain proceedings.
5. The purpose of this Agreement is to allow the City to proceed with its construction of the
Project without delay.
6. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed 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.
7. The undersigned Grantor agrees to pay at entry of final judgment or at withdrawal of any
funds from the court registry, any taxes, including prorated taxes for the current year, due
as of the above referenced date of taking.
8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators,
legal representatives, successors and assigns of the parties.
9. It is agreed the City will record this document.
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.
11. It is agreed that this Agreement shall immediately become null and void upon either the
conveyance by Grantors of the Property by warranty deed or upon tender by City of the
amount of the eminent domain commissioners' award into the registry of the District
Court in Williamson County.
12. It is agreed that nothing in this Agreement will preclude the City from asserting that the
condemnation action should be tried as one unified taking nor does it preclude the Owner
or the Lessee from asserting that the condemnation action should be divided by any
available grounds including, but not limited to, land uses, parcels, projects or property
interests.
3
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 is several counterparts, each of which will
constitute an original, on this the Q-S day of January, 2001.
Grantor(Owner):
J17 Fortune, L.P.
By: Ip 0
R. G. Mueller, Jr., its General Partner
By:
Margaret . Mueller,%, its General Partner
?"Cm
Grantor (Lessee):
Sunstate Equipment, Inc.
By:
its
Accepted and agreed to by the City this the d-5 day of January, 2001.
City of Round Rock, Texas
By:
4Robert A Stluka, its Mayor
Acknowledgments
State of Texas
County of Ira u i s
This instrument was acknowledged before me on January L$, 2001 by R. G. Mueller, Jr.,
General Partner of J17 Fortune,L.P.
1 Diu (signature)
(typed name)
o �� MARGARET SHELTON Notary Public in and for
, Notary Public,State or Texas the State of Texas
i s y i My Commission Expires
':;fof �*='' SEPT.9,2002 My commission expires
e,2 »'Mur R , 2002-
4
State of Texas
County of Tra v 's
This instrument was acknowledged before me on JanuaryI�; 2001 by Margaret Mueller,
General Partner of J17 Fortune, L.P.
Ml4 (signature)
Margaret Shelton (typed name)
Notary Public in and for
the State of Texas
My commission expires
Jep�2)n�ior , 200-
State of Texas
County of
This instrument was acknowledged before me on January _, 2001 by ,
President, of Sunstate Equipment, Inc.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
, 200
State of Texas
County of Williamson
This instrument was acknowledged before me on January9, 2001 by Robert A. Stluka,
Mayor of the City of Round Rock, Texas.
?arQ"'yc; CHRISTINE R.MARTINEZ ature)
*; MY COMMISSION EXPIRES ,56jN�,, /Y1fiT��tJE1=�typed name)
August 5,2001
Notary Public in and for
the State of Texas
My commission expires
200L
5
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 is several counterparts, each of which will
constitute an original, on this the day of January, 2001.
Grantor(Owner):
J17 Fortune, L.P.
By:
R. G. Mueller, Jr., its General Partner
By:
Margaret L. Mueller, Jr., its General Partner
Grantor(Lessee):
Sunstate E u' me t, Inc.
By:
its
Accepted and agreed to by the City this the day of January, 2001.
City of Round Rock, Texas
By:
Robert A Stluka, its Mayor
Acknowledgments
State of Texas
County of
This instrument was acknowledged before me on January _, 2001 by R. G. Mueller, Jr.,
General Partner of J17 Fortune,L.P.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
200
4
State of Texas
County of
This instrument was acknowledged before me on January _, 2001 by Margaret Mueller,
General Partner of J17 Fortune, L.P.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
200
r' C>p C"-
State of Temn
County of {y1 CV i
I
o This instrument was acknowledged before me on January a , 2001 by
Wit, of Sunstate Equipment, Inc.
oae,►� (signature)
WENDY s a BA lit)�.,r �—h zlo ao (typed name)
�enatcow�cowm Notary Public in and for
My Comm.Expires Nov.23,2004
-- the State of Texas
My commission expires
�c
/ t"". 3 , 200—z
State of Texas
County of Williamson
This instrument was acknowledged before me on January_, 2001 by Robert A. Stluka,
Mayor of the City of Round Rock, Texas.
(signature)
(typed name)
Notary Public in and for
the State of Texas
My commission expires
200
5
01/111/2001 THU 16:31 FAX BROWN McCARROLL SHEETS & Z002/004
4.27 Acres Right-of-Way FN 1728(CUP)
ASA Thomas Survey, Abstract No. 609
Williamson County, Texas March 8,2000
SAM, Inc.Job No. 99105-20
DESCRIPTION OF A 4.27 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOTS 1, 2, 3, AND 4,
BLOCK A. GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 2213 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS CONVEYED IN THE DEED TO J17
FORTUNE, L.P_, AS RECORDED IN DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 4.27 ACRE TRACT OF LAND AS SHOWN ON THE
ACCOMPANYING SKETCH, AND BEING MORE PARTICUARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a '/2-inch iron rod found in the north right-of-way (ROW) line of County Road No. 170
(Louis Henna Blvd) ROW varies; same being the southwest comer of Lot 4 of DuPont Subdivision, as
recorded in Cabinet O, Slide 102 of the Plat Records of Williamson County, Texas, also being the
southeast corner of Lot 3 of said George Subdivision, also being the southeast comer of the tract
described herein and the POINT OF BEGINNING,
THENCE with the north ROW line of said Louis Henna Blvd,same being the south lines of Lots 3 and 4 of
said George Subdivision,the following two (2) courses and distances:
1• S 69° 12' 46"W, a distance of 866.03 feet to a 1/2-inch iron rod found; and
2. N 60° 48' 57" W, a distance of 1.95 feet to a 5/8-inch iron rod found for the southwest corner of
Lot 4 of said George Subdivision, same being the southwest corner of the tract described herein;
THENCE leaving said ROW line and with the west lines of Lots 4 and 1 of said George Subdivision
N 000 07'33" E, a distance of 160.67 feet to a concrete monument set,
THENCE leaving said west lines and crossing Lots 1 and 4 of said George Subdivision the following three
(3) courses and distances.-
1
istances:1• N 70° 40'43" E, a distance of 186.67 feet to a concrete monument set;
2. N 25,40'43" E, a distance of 168.63 feet to a concrete monument set; and
3. N 16' 40' 14" W. a distance of 306.37 feet to a concrete monument set in the north line of said
Lot 1, same being the south line of a called 187 acre tract of land conveyed in the deed to Doyle
Hickerson and wife Evelyn Hickerson as recorded in Volume 526, Page 50 of the Deed Records
Williamson County, Texas, also being the northwest corner of the tract described herein; from
which a%-inch iron rod found bears S 69° 10' 15" W, a distance of 171.57 feet;
THENCE with the south line of said 187 acre tract, same being the north lines of Lots 1 and 2 of said
George Subdivision N 69" 10' 15" E, passing at a distance of 116.97 feet a Y2-Inch iron rod found for the
north common comer of said Lots 1 and 2 in all a distance of 120.32 feet to a concrete monument set,
from which a'r'e-inch iron rod found bears N 691 10' 15" E, a distance of 360.61 feet;
EXHIBIT
I --A-
r I
Page I of 3
01/11/2001 THU 16:31 FAX BROWN McCARROLL SHEETS & 0003/004
4.27 Acres Right-of-Way FN1728 (CUP)
ASA Thomas Survey, Abstract No. 609 March 8,2000
Williamson County, Texas SAM, Inc. Job No. 99105-20
THENCE leaving said common line and crossing Lots 2 and 3 the following three (3) courses and
distances:
1. S 16°40' 14"E, a distance of 316.21 feet to a concrete monument set:
2. S 58° 30' 39" E, a distance of 129.77 feet to a concrete monument set; and
3. N 700 40' 43" E, a distance of 302.62 feet to a concrete monument set in the west line of Lot 4 of
said DuPont Subdivision, same being the east line of Lot 3 of said George Subdivision, also being
an east comer of the tract described herein, from which a -inch iron rod found for the north
common comer of said Lots 3 and 4 bears N 200 19'51"W, a distance of 7.18 feet;
THENCE with said common line S 200 35' 59" E. a distance of 142.84 feet to the POINT OF BEGINNING
and containing 4.27 acres of land, more or less.
BEARING BASIS:Texas Lambert Grid, Central Zone, NAD 83/Ham, 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 on this 14°i day of March, 2000 A. D.
SURVEYING AND MAPPING, INC. r
4029 Capital of Texas Hwy. So., Suite 125 t.5O57-
u am
Austin,Texas 78704 fessional Land Surveyor
t to of Texas
J
OF
�PfOA•ti�
0,*�
S uRv
Page 2 of 3
01/11/2001 THU 16:31 FAX BROWN McCARROLL SHEETS &
004/004
LEGEND LINE TABLE
CONCRETE MONUMENT SET -NE BEARING DISTANCE
• 1/2" IRON ROD FOUNO UNLESS NOTED L1 NOOU7'33"E 160. 7'
I.R.F. IRON ROD FOUND L2 N25'40'43" 68 3'
P.O.B. POINT OF BEGINNING L3 N69'1O'15"E 1202'
O_R,W.C.Tk, OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS L4 S58'30'39"E 129.77'
P.R.W.C,TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS L5 S2W3559" 142.84'
O.R,W,C.TX_ DEED RECORDS WILLIAMSON COUNTY, TEXAS L6 N60'49'57"W 1.95'
MARCH, 2000
ASA THOMAS SURVEY, ABSTRACT N0. 609
WIUJAMSON COUNTY, TEXAS
ICALLED 200 100 0 200
187 ACRES I GRAPHIC SCALE DOYLE HICKERSON AND \
a WIFE, EVELYN HICKERSON SCALE. i" = 200'
vi VOL 526, PG. 50
c I D.R.W.C.TX.
v o Q L N 9~0,g LOT 3
a <
N cv (nw cv �` 6 e \ CALLED
waew�= n I \•3 C 4,953 ACRES
r' 00; v Z3^ �5"`II t�696 1 C, � „f ,q \ OuPONT SUBDIVISION
C3 a p, g69 j1CABINET 0, SLIDE 102
ul uim r o v 1�1 1-51 5 \ c.d ,oFl `S(IB P.R.W,C.TX.
ui 31-
�W
O Q a J 4 : N EASENETIT�m O_ LO ?� —
- t+► �
J n a v J 9 P OSEO "E - t►�o
Y J m � *, SLOPE �I Z e LOT 4 -
o z< z , PROPasEo ,�( �t"J, 4 N Z 6
SSPE 1 < q9 —
m �I EASEMENTi—
a LOT 1 / ,NNE• l.p' ����gBZ
o
r,
9 9AG 9 25 0 \' Q
SEE DETAIL HCp00G, �p 66 O3• '1O-4� '— DETAIL B
'0A Mw $ D 140. 'lop) AREA OF APPARENT
�00v - BOUNDARY CONFLICT
l�'�
J 56g�'1 co 14 ST410roars) :�DETAIL NOT TO SCALE
f
� °'
DETAIL A DETAIL C DETAIL 0
1 _
NOT TO SCALE NOT TO SCALE NOT TO SCALE
NOTE: SEE METES ANO SOUNDS OESCRIPTION FOR SEARING BASS. Ppge 3 of 3
JOS MIW MI
OII 07-IF
J[1
SKETCH TO ACCOMPANY
Fl I�Mw n+K ti
fIQOM01 iUG . ud)4 o-1
Ge"
Am= FIELD NOTE N0. 1728
01/10/2001 WED 09:43 FAX BROWN MCCARROLL SHEETS & X002/007
01/10/01 10:02 $5128060979 FSDOT CST/CON SV '
@1002/007
1.46 Acres FIighR of-Way FN2085(CUP)
ASA Thomas Surrey,Abstract No.609 January 10.2001
Williamson County,Texas SAM, Inc_Jab No.20081-20
m=svF IPTION OF A 1.46 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609,WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF LOTS 2,AND 3. BLOCK
A. GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CALLED 9.946
ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO J17 FORTUNE, LP., AS RECORDED IN
DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS WILLIAMSON COUNT'. TEXAS, SAID 7.46
ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE
PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Yz-Inch Iron rod found in the north right-of-way (ROW) line of County Road No. 170
(Louis Henna Blvd) ROW varies, being the southwest comer of Lot 4 of DuPont Subdivision, as recorded
in Cabinet O, Slide 102 of the Plat Records of Williamson County, Texas, same being the southeast
comer of Lot 3 of said George Subdivision,also being the southeast comer of said 9.946 acre tract and
the POINT OF BEGINNING;
THENCE with the north ROW line of said Louls Henna Blvd, same being the south line of Lot 3 of said
George Subdivision, S 69° 12' 46" W, a distance of 399-58 feet to a calculated point for the south
common comer of 1,014 of said George Subdivision and said Lot 3, from which a 1/2-Inch Iron rod found
for an angle point in said Lot 4 bears S 69" 12'46'W, a distance of 368.45 feet;
THENCE leaving said ROW line and with the common lime of Lots 1,2,3,and 4 of said George Subdivision
N 17° 01' 00' W. a distance of 569.85 feet to a 1/2-inch iron rod found for the north common comer of
said Lots 1 and 2, and being in the south line of a called 187 acre tract of land conveyed in the deed to
Dayle Hiokerson and Wife Evelyn Hickerson as recorded in Volume $26, Page 50 of the Deed Records
Williamson County,Texas, from Which a 1/2-Inch Iron rod found for the northwest comer of said Lot 1 and
being In the east line of Block A. Lot 1 Final Plat of 'The Homestead' a Subdlvieion of record In Cabinet
P.Slide 89 Plat Records Williamson County,Texas,bears S fig°10' 15"W,at distance of 288.54 feet;
THENCE with the south line of said 187 acre tract and the north line of Lot 2 of said George Subdivision
N 691b 10' 15'E,a distance of 3.36 feet to a concrete monument set,from which a 1/2-inch iron rod found
for the northeast corner of said Lot 2, same being in the west line of Lot 3 of said Dupont Subdivision
bears N 690 10' 1S"E,a dlstacloe of 360-61 feet;
THENCE leaving said common One and crossing said Lots 2 and 9 of the George Subdivision the
following three(3)courses and distances:
1. S 16°40'140 E.a distance of 316.21 feet to a concrete monument set,
2. S 580 30'39r E,a distance of 129.77 feet to a concrete monument set, and
3. N 70' 40' 43" E, a distance of 302,62 feet to a concrete monument set in the west line of Lot 4 of
said DuPont Subdivision, same being the east line of Lot 3 of said George Subdivision, aloo being
an Bast corner of the tract described herein, from which a 1g-innh iron rod found for the north
common comer of said Lots 3 and 4 bears N 20' 19'51"W, a distance of 7.18 feet;
EXHIBIT
Page 1 of 3
01/10/2001 WED 09:44 FAX BROWN MCCARROLL SHEETS & [j003/007
01/10/01 10.02 $'5129360979 FBDOT CST/CON SV 003/007
1.46 Acres Right-of-Way FN2065 (CUP)
ASA Thomas Survey, Abstract No.609 January 10,2001
Williamson County,Texas SAM, Inc,Job No.20081-20
THENCE wRh said common fine S 20° 35'59" E, a distance of 142.84 feet to the POINT OF BEGINNING
and containing 1.46 acres of land, more or less.
BEARING BASIS:Texas Lambert Grid, Central zone, NAD W/Ham, U.S. E=ast, Surface Coordinates.
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 descdpfioA 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 1 e day of January, 2001 A. D.
SURVEYINQ AND MAPPINQ, INC. Ivyl `
4029 Capital of Texas Hwy.So.,Suite 125Mich 1 R. Hatcher
Austin,Texas 78704 Reg' red Professional Land Surveyor
No.4259-State of Texas
daF
Aft�1T�
F?<HAT
A2%
Page 2 Of 3
01/10/2001 WED 09:44 FAX BROWN MCCARROLL SHEETS & Z004/007
01/10/01 10:02 $`5129360979 FXDOT CST/CON SV
. Z004/007
LEGEND
Q CALCULATED POINT
O CONCRETE MONUMENT SET 200 100 0 200
• 1/2' IRON R00 FOUND UNLESS NOTED
I.R.F. IRON RDD FOUND SCALE
S
HIC
P.O.S. POINT OF BEGINNING SCALE;GRAPRAPIC S 200'
O.R.W.C.TX. OFFICIAL RECAROS VdLLIAMSON COUNTY, TEXAS
P.R.WC.TX. PLAT RECORDS WILUAMSON COUNTY, TEXAS
D.R.W.C.T)( DEED RECORDS 1MLLIAMSON COUNTY, TEXAS JANUARY, 2001
ASA THOMAS SURVEY, ABSTRACT NO. 609
W'TILLIAMSON COUNTY, 'TEXAS
CALLED \
I 187 ACRES
DOYLE HICKERSON AND
a_ ( WIFE, EVELYN HICKERSON
VOL.En
526, PG. 50 LOT 3
Ll D.R.W.C.TX. / 6�,
a x a �1L►' 6g"►�15 ` DuPONT SUBDIVISION
0 w N I � �r�� N � Q,Q e`� \ CABINET O, SLIDE 102
E �y. P.R,W.C.TX.
d a 564~O Mi V) +w a �' �� ��/
o ,m,m oLd an
�oCj 4iSy._���
w ryFZ3 2 i
L-o o= I O LOT 2is 8trn-
g a ,�Y a y \ t�,° N�D•AO 6•� Sig-
LOT LOT 4 X
CL <o� �C �� ��• r
Q$ I aO' 3�8 92
o �V1N / Ar6 PC�EO Q N64 .fig"
I ,RC n �v '1• L1
ra a'y / w yg9-r� S58430'39"E
uj
�A h2 A6w� 129.77'
9
W p apt / 56 1qo L2
Iia• 0) S20'35'59"E
pow 142.84'
{LDS
1
OETAIL A OEiAtt a Of TAIL C
�- cv\c*
NOT TO SCALE NOT TO SCALE NOT 7U SCALE
NOTE= SEE METES AND BOUNDS OCSCRPTION FUR R3EAMO SASS, Page 3 of 3
.+m
CAM ni-
FAWty
W"" SKETCH TO ACCOMPANY
Qf ql 7 Mr►wn IM
Ab r}�711
"'tea•"" FIELD NOTE No. 2085
Yam I1ND tHC �+•~�aMe�,..co„
01/10/2001 WED 09:44 FAX BROWN McCARROLL SHEETS & 005/007
01/10/01 10:03 '$`5129460979 FXDOT CST/COIN SY 005/007
2.81 Acres Right-of-Way FN2086(CUP)
ASA Thomas Survey,Abstract No.609 January 10,2001
Williamson County,Texas SAM,Inc. Job No. 20081-20
DESCRIPTION OF A 2.81 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO, 609.WILLIAMSON COUNTY,TEXAS, 9EING A PORTION OF LOTS 1,AND 4, BLOCK
A. GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS.OF WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CALLED 9.946
ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO J17 FORTUNE, L.P., AS RECORDED IN
DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 2.81
ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE
PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a %-inch iron rod found In the north right-of-way (ROW) ane of County Road No_ 170
(Louis Henna Blvd) ROW varies, being the southwest comer of Lot 4 of DuPont Subdivision, as recorded
in Cabinet O, Slide 102 of the Plat Records of Williamson County, Texas, same being the southeast
comer of Lot 3 of said George Subdivision,also being the southeast comer of said 9.946 acre tract;
THENCE with sald north ROW line of said Louis Henna Blvd, same being the south line of Lot 3 of said
George Subdivieian, $ 69. 12' 46" W, a distance of 398.5$ test to a calculated point for the south
common corner of Lot 4 of said George Subdivision and said Lot 3 and the POINT OF BEGINNING:
THENCE with the north ROW line of said Louis Henna Blvd, same being the south line of Lot 4 of said
George Subdivision.the following two(2)courses and distances:
1. $699 12'46"W.a distance of 466.45 feet to a 1p-inch iron rod found,and
2_ N 600 48' 67' W. a distance of 1.95 feet to a 5/8-1noh Iron rod found for the southwest comer of
Lot 4 of said George Subdivision,same being the southwest comer of said 9.946 acre tinct;
THENCE leaving said ROW line and with the west fines of Lots 4 and 1 of said George Subdivision
N 00`07" 33' E, a distance of 160.67 feet to a concrete monument set;
THENCE leaving said west lines and crossing Lots 1 and 4 of said George Subdivision the following three
(3)courses and distances:
1. N 700 40'43' E,a distance of 186.67 feet to a concrete monument set,
2. N 25'40'43"E,a distance of 168.63 feet to a concrete monument set, and
S. N 160 40' 14' W, a distance of 306.37 feet to a concrete monument set in the north line of said
Lot 1, same being the south line of a called 1B7 acre tract of land conveyed in the deed to Doyle
Hickerson and wife Evelyn Hickerson as recorded In Volume 526, Page 50 of the Deed Records
Williamson county, Texas, also being the northwest corner of the tract described herein, from
which a lh-inch iron rod found for the northwest comer of said 9.946 aor6 tract bears
S 69'10' 15'W,a distance of 171.57 feet:
THENCE with the,south line of said 187 acre tract, same being the north line of Lot 1 of said George
Subdivision N 69' 10' 15" E, at a distance of 116.96 feet to a3&-inch iron rod found for the north common
comer of said Lots 1 and 2,from which a Yz4nch iron rod found for the northeast corner of said 9.946 acre
tract bears ly 69' 10' 15' E,a distance of 363,97 feet;
EXHIBIT
Page 1 of
01/10/2001 WED 09:44 FAX BROWN McCARROLL SHEETS & Z006/007
01/10/01 10;03 05129360979 F%DOT CST/CON SV X006/007
2.81 Acres Right-0FN2086 (CUP)f-Way Janus 10, 2001
ASA Thomas Survey,Abstract No_609 January
Williamson County,Texas SAM, Inc.Job No, 20081-20
THENCE leaving said common line and with the common line of said lots 1, 2, 3, and 4 S 17" 01' 00" E,
a distance of 569.85 feet to the POINT OF BEGINNING and containing 2.81 acres of land more or less.
BEARING BASIS:Texas Lambert Grid,Central Zone.NAD 83/Hem, U.S. Feet, Surface Coordinates.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
GOUNTY OF TRAVIS §
That 1, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the
above descriptlon Is true and correct to the best of my Knowledge and Relief 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,Taxes on this 10h day of January,2001 A. D.
SURVEYING AND MAPPING, INC,
4029 Capital of Texas Hwy,So.,Suite 125 Mlbhgbl R.H2 her
Austin,Texas 78704 Reg tared Professional Land Surveyor
No.4259 State of Texas
Page 2 of 3
01/10/2001 WED 09:44 FAX BROWN MCCARROLL SHEETS & Z007/007
01/10/01 10;03 $5129360979 F%DOT CST/COIF SV 14007/007
LEGEND
p CALCULATED POINT
0 CONCRETE MONUMENT SET
• 1/2" IRON ROD FOUND UNLESS NOTED
I.R.F. IRON ROD FOUND 200 100 0 200
P.O.C. POINT OF COMMENCING
P.O.S. POINT OF BEGINNING GRAPHIC SCALE
0-R.W.C.TX. OFFICIAL RECORDS WILLIAMSON COUNTY, 'TEXAS SCALE: 1 = 2000
P.R-W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
D.R.W.C.TX. DEED RECORDS WILUAMSON COUNTY, TEXAS JANUARY, 2001
ASA THOMAS SURVEY, ABSTRACT NO. 609
CALLED 1 iUM M O14 COUNTY, TEXAS
187 ACRES
DOYLE HICKERSON AND
WIFE, EVELYN HICKERSON
IVOL. 526, PG 50
D.R.W.C.TX,uj
LOT 3
m I '��•V.
a N6916 y6` / \ CABINET SU DDE 0102
in g"� . \ P.R_W.C.TX.
LOT 2
o x a en a 1 Z ���;�'9 / r'
W NF= z� o�
> '
a= o n a F ,I aw
ooln ��1Z,r0 ���„ s 6� �,�. rr LOT 4 ri
a� �g wW� LCp
OT 1 UJ tk�. `�
z a o }tel cc
pm v •m 3P
0.
tz '4u' DC7cv
F► �3g9J
9
s9 DETAIL 0 . .1�0 )
r 4 � �� DETAIL B
C-4A�jQO 66 BD� AREA OF APPARENT
4 ��TJj �rjN SIE BOUNDARY CONFLICT
oalj • DETAIL NOT TO SCALE
9
S6
�O (r�OgC 43 SEE OCTAIL A
ETM. A
It2 ,
aoG o� N00ro743YE
160.6- _
L1 L3 41
N60.45857"W N25'40'43'E sib
1.95' 168.63' NOT TG SCALE
NOTE: SEC HETES ANO BOUNDS 0£SCRIP71ON FOR BEARING BASIS. Page 3 of 3
im MalOER ml-m
Doig' 07-1O-m
I�+ � ��-��^*��*�-�- SKETCH TO ACCOMPANY
PAY C.tim
2817 FIELD NOTE N o. 2086
a.. wro IlA^PPO"arc
01/16/2001 TUE 13:32 FAX BROWN McCARROLL SHEETS & 002/005
0.15 Acre Slope Easement FN1731 (CUP)
ASA Thomas Survey, Abstract No. 609 March 8, 2000
Williamson County, Texas SAM, Inc.Job No. 99106-20
DESCRIPTION OF A 0.15 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A.
GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS CONVEYED IN THE DEED TO J17
FORTUNE, L.P., AS RECORDED IN DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 0.15 ACRE TRACT OF LAND AS SHOWN ON THE
ACCOMPANYING SKETCH, AND BEING MORE PARTICUARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a 112-inch iron rod found in the south line of a called 187 acre tract of land conveyed in
the deed to Doyle Hickerson and wife, Evelyn Hickerson as recorded in Volume 526, Page 50 of the
Deed Records Williamson County, Texas, same being the north common comer of Lots 1 and 2 of said
George Subdivision, from which a Yk-inch iron rod found bears S 69' 10' 15"W, a distance of 288.54 feet;
THENCE with the common line of said 187 acre tract, and Lot 2 of said George Subdivision N 690 10' 15"
E, a distance of 3.35 feet to a concrete monument set for the northwest comer of the tract described
herein and the POINT OF BEGINNING;
THENCE with said common line N 690 10' 15" E, a distance of 19.82 feet to a concrete monument set for
the northeast comer of the tract described herein; from which a%-inch iron rod found bears N69010' 15"E
a distance of 340.79 feet;
THENCE leaving said common line and crossing Lot 2 of said George Subdivision the following three (3)
courses and distances:
1. S 16°40' 14" E. a distance of 339.72 feet to a concrete monument set;
2. N 58*30'39"W, a distance of 29.64 feet to a concrete monument set; and
3. N 16° 40' 14" W, a distance of 316.21 feet to the POINT OF BEGINNING and containing 0.15
acre of land, more or less.
BE=ARING BASIS: Texas Lambert Grid, Central Zone, NAD 83/Ham, U.S. Feet, Surface Coordinates.
THE STATE OF TEXAS §
COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS:
That I. John E Brautigam, a Registered Professional Land Surveyor, do hereby certify that the
above descriptloh 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 this 14'"day of March, 2000 A. D.
SURVEYING AND MAPPING, INC. �( .UF", F
4029 Capital of Texas H
P Hwy-So., Suite 125 tJh E Br am
Austin,Texas 78704 g �� cS
tered P ofessionalLandSu ..«..«��«..ez.057- to of Texas 1 QHM EBR +UnC�AM�
_.. ._ EXHIBIT 1%10 5087
— F?%oR
Page I of 2 SUF'i
01/16/2001 TUE 13:32 FAX BROWN McCARROLL SHEETS & Z003/005
DETAIL A
CALLED
N69y��iE 197 ACRES
_ DOYLE HICKERSON AND \
�3 6 WIFE, EVELYN HICKERSON
-gyp VOL. 526, PG, 50
\
-c' 4D.R.W.C,TX.
NOT TO SCALE N69010°15"E 15~ V \
19.82'
1
LOT 2
LOT 1 BLOCK A
\ GEORGE SUBDIVISION
\SIGHT OF WAY �, CABINET O, SLIDE 228
�\ EASEMENT P.R.W.C,TX,
CALLED
9.946 ACRES \ N56'30'39"W
I J17 FORTUNE, L.P. 29.64'
I DOC. NO. 9725716 y
O.R.W.C.TX. J� `
l /
LEGEND
O CONCRETE MONUMENT SET
a 1/2" IRON ROD FOUND UNLESS NOTED 100 50 0 100
I.R.F. IRON ROD FOUND
P.O.C. POINT OF COMMENCING
P.0,9. POINT OF BEGINNING GRAPHIC SCALE
O.R.W.C.TX. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS SCALE: 1" = 100'
P.R.W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS MARCH, 2000
D.R.W.C.TX. DEED RECORDS WILLIAMSON COUNTY, TEXAS ASA THOMAS SURVEY, ABSTRACT NO. 609
WILLIAMSON COUNTY, TEXAS
REVISED 03-29-00
NOTE: SEE MQTF.S ANO BOUNOS DESCRIPTION FOR WEAIbNG SAsm Page 2 Of 2
im
=09—R: oa-rrmaa
II: xt
"`°""•"'T�'°"~�•'� SKETCH TO ACCOMPANY
FOX"cHxrl Ix �Y/MwfWlrK IY fYvti iMR QO
FN].OB06tt 707
FIELONMv FNr731 IIYG M s 0 646.
wr w� r� •« FIELD NOTE No. 1731
01/16/2001 TUE 13:32 FAX BROWN McCARROLL SHEETS & 1a004/005
r -
' _ f�
0.15 Acre Slope Easement FN1730 (CUP)
ASA Thomas Survey,Abstract No. 609 March 8,2000
Williamson County,Texas SAM, Inc.Job No. 99105-20
DESCRIPTION OF A 0.15 ACRE TRACT OF LAND LOCATED 1N THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A,
GEORGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET O, SLIDE 228 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY. TEXAS, AND AS CONVEYED IN THE DEED TO J17
FORTUNE, L.P., AS RECORDED IN DOCUMENT NO. 9725716 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 0.15 ACRE TRACT OF LAND AS SHOWN ON THE
ACCOMPANYING. SKETCH, AND BEING MORE PARTICUARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a Yz-inch iron rod found in the south line of a called 187 acre tract of land conveyed in
the deed to Doyle Hickerson and wife, Evelyn Hickerson as recorded in Volume 526, Page 50 of the
Deed Records Williamson County, Texas, same being the north common comer of Lots 1 and 2 of said
George Subdivision, from which a Yz-inch iron rod found bears N 690 10' 15"E, a distance of 363.97 feet;
THENCE with the common line of said 187 acre tract, and Lot 1 of said George Subdivision S 690 10, 15"
W, a distance of 116.96 feet to a concrete monument set for the northeast comer of the tract described
herein and the POINT OF BEGINNING;
THENCE leaving said common line and crossing Lot 1 of said George Subdivision the following three (3)
courses and distances;
1. S 16°40' 14" E, a distance of 306.37 feet to a concrete monument set;
2. S 25"40'43"W, a distance of 29.69 feet to a concrete monument set; and
3_ N 16° 40' 14"W, a distance of 326.86 feet to a concrete monument set in said common line; from
which a 1/2-inch iron rod found bears S 690 10' 15"W,a distance of 151.52 feet.
THENCE with said common line N 6911 10' 15" E, a distance of 20.05 feet to the POINT OF BEGINNING
and containing 0.15 acre of land, more or less.
BEARING BASIS:Texas Lambert Grid, Central Zone, NAD 83/Ham, U-S. Feet, Surface Coordinates.
THE STATE OF TEXAS §
COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS:
That 1, 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 on this 141'day of March, 2000 A. D.
SURVEYING AND MAPPING, INC. r-- OF
4029 Capital of Texas Hwy. So., Suite 125 HES gamAustin,Texas 78704 ofessional Land Sate of TexasGAM
EXHIBIT "q F 6 '
q 5057%
es
Page t of 2 SUSU r.; ��
A
01/16/2001 TUE 13:33 FAX BROWN McCARROLL SHEETS & Qj005/005
a
I \
CALLED
187 ACRES
IDOYLE HICKERSON AND
WIFE. EVELYN HICKERSON 36�'
I VOL. 50
D.R.W.C.TX.
N69'10'15"E 56g'1�'i 0,0 \
20.05 6 g� \
I 1j 2 A 0 ` \
56g�50-/ 1 \ LOT 2 �
Z LOT 1 8
r q LOCK A
I PROPOSED o�
PERMANENT b
DRAIN �,�EASEMENT \ \ GEORGE SUBDIVISION
I v' y \ CABINET 0, SLIDE 228
\ P.R.w.C.TX.
I PROPOSED \
i
i
C7 RIGHT OF WAY \
EASEMENT
LA
'
LOT 1 w \
CALLED \
9.946 ACRES
I �
J17 FORTUNE, L.P.
DOC. N0. 9725716 S25-40-43-W\
O.R.W.C.TX. / 29.69' \ 1-N
LEGEND
■ CONCRETE MONUMENT SET
•
1/2" IRON ROD FOUND UNLESS NOTED 100 50 0 100
I.R.F. IRON ROD .FOUND
P.O.C. POINT OF COMMENCING
P.O.B. POINT OF BEGINNING GRAPHIC SCALE
O.R.W.C.TX. OFFlCIAL RECORDS WILUAMSON COUNTY, TEXAS SCALE: 1" = 100'
P.FZW.C.TX. PLAT RECORDS MLLIAMSON COUNTY, TEXAS MARCH. 2000
D.R.W.C.TX. DEED RECORDS VWLLIAMSON COUNTY, TEXAS ASA THOMAS SURVEY. ABSTRACT NO. 809
WILLIAMSON COUNTY, TEXAS
NOTE: SEE VETES ANO 80UNDS DESCRIPTION FOR BEARINC BASS,
Page 2 of 2
0,%--scmml
SKETCH TQ ACCOMPANY
NNCrnrrr.n.....,...�.,,�w•rr wn,n•,,.�„n.y n..rIc wmAmkt& nNur.- �^^""'�'"`""�°" FIELD NOTE No. 1730