R-01-07-26-14C3 - 7/26/2001 RESOLUTION NO. R-01-07-26-14C3
WHEREAS, the City desires to purchase 2 . 24 acres of land for
right-of-way for the A. W. Grimes Boulevard Project, and
WHEREAS, Howard J. Wolf and Carolyn J. Wolf, the owners of the
property, have agreed to sell said property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with Howard J. Wolf and
Carolyn J. Wolf, for the purchase of the above described property, a
copy of said Real Estate Contract being attached hereto and
incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act .
RESOLVED this 26th day of Ju 1 .
RO SRT A. STLUKA, J Mayor
City of Round Rock, Texas
ATTEST:
J E LAND, City Secretary
0:\WPDOCS\RESOLUTI\R1O726C3.WPD/SC
REAL ESTATE CONTRACT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT OF SALE ( "Contract") is made by and between HOWARD J.
WOLF, and wife CAROLYN J. WOLF (collectively referred to in this Contract as
"Seller" ) and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main
St . Round Rock, Williamson County, Texas (referred to in this Contract as
"Purchaser" ) , upon the terms and conditions set forth in this Contract .
RECITALS
Purchaser has previously threatened condemnation of the Property
(described below. ) Under threat of condemnation, Seller agrees to convey
the Property to Purchaser, and this Contract sets forth the terms and
provisions of such sale in lieu of condemnation.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, three parcels of land situated in
Williamson County, Texas, being more particularly described as follows :
Parcel 1 : 2 . 04 acre tract as more particularly described in
Exhibit A, attached hereto and incorporated herein;
Parcel 2 : 0 . 19 acre tract as more particularly described in
Exhibit B, attached hereto and incorporated herein; and
Parcel 3 : 0 . 01 acre tract as more particularly described in
Exhibit C, attached hereto and incorporated herein,
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in
and to adjacent streets, alleys or rights-of-way (all of such real
property, rights, and appurtenances being referred to in this Contract
as the "Property" ) , together with any improvements, fixtures, and
personal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions set forth below.
Houston 014015/00000 640538 v RED 1
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2 . 01 . The purchase price for the Property shall be the sum of Two
Hundred Sixty-three Thousand, Six Hundred Ninety-three and 44/100
Dollars ($263, 693 .44) .
Payment of Purchase Price
2 . 02 . The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER' S OBLIGATIONS
Conditions to Purchaser' s Obligations
3 . 01 . The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the satisfaction of each
of the following conditions (any of which may be waived in whole or in
part by Purchaser at or prior to the closing) .
Preliminary Title Commitment
3 . 02 . Within ten (10) days after the date hereof, Purchaser, at
Purchaser' s sole cost and expense, shall have caused Georgetown Title
Company (the "Title Company" ) of 1717 N. Mays, Round Rock, Texas 78664,
to issue an updated preliminary title report (the "Title Commitment" ) .
Purchaser shall give Seller written notice on or before the expiration
of three (3) days after Purchaser receives the updated Title Commitment
that the condition of title as set forth in the title binder is or is
not satisfactory, and in the event Purchaser states that the condition
is not satisfactory, Seller may (but shall not be obligated to) attempt
to eliminate or modify all unacceptable matters to the reasonable
satisfaction of Purchaser. In the event Seller has not done so within
ten (10) days after receipt of written notice, this Contract shall
thereupon be null and void for all purposes and the Escrow Deposit shall
be forthwith returned by the Title Company to Purchaser. Purchaser' s
failure to give Seller this written notice shall be deemed to be
Purchaser' s acceptance of the Title Commitment .
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before August
15, 2001 or at such time, date, and place as Seller and Purchaser may
agree upon (which date is herein referred to as the "closing date" ) .
Houston 014015/00000 640538 v RED 2
� f
Seller' s Obligations
4 . 01 . At the closing Seller shall :
(a) Deliver to Purchaser a duly executed and acknowledged Special
Warranty Deed conveying good and indefeasible title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(ii) Any exceptions approved (or deemed approved) by
Purchaser pursuant to Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
(b) Deliver to Purchaser a Texas Owner' s Title Policy at
Purchaser' s sole expense, issued by the Title Company, in
Purchaser' s favor in the full amount of the purchase price,
insuring Purchaser' s fee simple title to the Property subject
only to those title exceptions listed above, such other
exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form
of Texas Owner' s Title Policy.
(c) As provided in paragraph 9 . 01 below, Seller is delivering to
Purchaser possession of the Property as of the date of this
Contract .
Purchaser' s Obligations
4 . 02 At the Closing, Purchaser shall pay the purchase price
in cash.
Prorations
4 . 03 General real estate taxes for the then current year
relating to the Property, shall be prorated as of the closing date and
shall be adjusted in cash at the closing. If the closing shall occur
before the tax rate is fixed for the then current year, the
apportionment of taxes shall be upon the basis of the tax rate for the
next preceding year applied to the latest assessed valuation. All
special taxes or assessments to the closing date relating to the
Property and then due and payable, shall be paid by Seller. Purchaser
will bear the burden of paying any rollback taxes, if any, resulting
from a change of use of the Property.
Houston 014015/00000 640538 v RED 3
Closing Costs
4 . 04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows :
1 . Owner' s Title Policy paid by Purchaser;
2 . Filing fees for deed paid by Purchaser;
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller. Purchaser will
be solely responsible for all real estate brokerage commissions due to
any brokers representing the Purchaser.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to the
Title Company, the sum of One Thousand and no/100 Dollars ($1, 000 . 00) ,
the Escrow Deposit, which shall be paid by the Title Company to Seller
in the event Purchaser breaches this Contract as provided in Article
VIII hereof . At the closing, the Escrow Deposit shall be paid over to
Seller and applied to the purchase price, provided, however, that in the
event the Purchaser shall have given written notice to the Title Company
that one or more of the conditions to its obligations set forth in
Article III have not been met, or, in the opinion of Purchaser, cannot
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchaser' s default, Purchaser may, as
its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract (in which case Purchaser shall be deemed to have agreed
to accept title to the Property subject to all matters of record) ; or
(2) terminate this Contract in which event the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser and neither party
hereto shall have any further rights, duties or obligations one to the
other hereunder (except as provided for in Section 9 . 01 below) .
Houston 014015/00000 640538 v RED 4
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of
the Property, the conditions to Purchaser' s obligations set forth in
Article III having been satisfied and Purchaser being in default and
Seller not being in default hereunder, Seller shall have the right to
(1) bring suit for damages against Purchaser; or (2) receive the Escrow
Deposit from the Title Company, the sum being agreed on as liquidated
damages for the failure of Purchaser to perform the duties, liabilities,
and obligations imposed upon it by the terms and provisions of this
Contract, and Seller agrees to accept and take this cash payment as its
total damages and relief and as Seller' s sole remedy hereunder in such
event .
ARTICLE IX
SPECIAL PROVISIONS
Possession and Use Agreement
9 . 01 . For the consideration to be paid by the City which is set
forth in Paragraph 2 . 01 above, Seller, by executing this Contract,
hereby grants, bargains, sells and conveys to the City immediate
possession and use of the Property for the purpose of, at Purchaser' s
sole cost, expense and risk, constructing a new roadway to be called
A.W. Grimes Blvd. (the "Project" ) and appurtenances thereto and the
right to remove any improvements . The foregoing grant will 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 . This grant will allow the
construction of the Project to begin immediately and prior to the
closing date. The purpose of this grant is to allow the City to proceed
with its construction project without delay. This grant shall, however,
automatically expire upon the expiration or sooner termination of this
Contact . Furthermore, if for any reason Purchaser does not close the
purchase of the Property, Purchaser will promptly restore the Property
to the condition which existed prior to the entry by Purchaser under
this section, such restoration obligations of Purchaser to expressly
survive the expiration or termination hereof .
Existing Driveway on Gattis School Road
9 . 02 . Seller acknowledges that the City has informed them that in
the opinion of the City that the existing driveway from Seller' s
property to Gattis School Road could be a safety hazard and should be
closed, and that access to Seller' s property should be from East Rock
Cove and/or the new A.W. Grimes Blvd. Seller also acknowledges that the
City has offered to pay for the cost of installing a curb across the
existing driveway to Gattis School Road and thereby closing same, but
Houston 014015/00000 640538 v RED 5
Seller has rejected such offer and wishes to continue to use said
driveway, in spite of the City' s safety concerns .
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10 . 01 . (a) This Contract may not be assigned without the express
written consent of Seller.
Notice
(b) Any notice required or permitted to be delivered hereunder
shall be deemed received when sent by FedEx or other similar delivery
service or by United States mail, postage prepaid, certified mail,
return receipt requested, addressed to Seller or Purchaser, as the case
may be, at the address set forth opposite the signature of the party.
Texas Law to Apply
(c) This Contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williamson County, Texas .
Parties Bound
(d) This Contract shall be binding upon and inure to the benefit
of the parties and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract .
Legal Construction
(e) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein.
Prior Agreements Superseded
(f) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
Houston 014015/00000 640538 v RED 6
Time of Essence
(g) Time is of the essence in this Contract .
Gender
(h) Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the singular number
shall be held to include the plural, and vice versa, unless the context
requires otherwise.
Effective Date
(i) This Contract, with the exception of Article IX, shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor' s signature below. Article IX shall be
effective upon the execution date of this Contract by Seller, said date
appearing below their respective signatures .
SELLER:
V,,� a�,�
OWARD J. WOL�� aL"-) �,, ,, 1
UJ
CAROLYN J. WOL
Date : 2001
PURCHASER:
CITY OF ROUND ROCK, TEXAS
B
079A*. Stluka, it-/",F Mayor
221 E. Main Street
Round Rock, Texas 78664
Date : � � � l0 2001
Houston 014015/00000 640538 v RED 7
FNI90SR3(TW14)
2.04 Aare Right-ofWa<y Msy 07,2W 1
p,ti.Holder Surrey.AbsuaONo.297 SAK Inc.Job Na 99105.20
Wiji=SM County,Tcxus
Dl$CRIP't'!ON OF A 2.04 ACPM TRACT OF LAND LOCATED IIs THE PA.H-DER SURVEY.AB311tACI
Nd. 291. WiL.UAMSON COUNTY,TEXAS. 13MNO A POMON OF TRACT 4 ROUND ROCK EAST,AN
L1NRF.COE,DpM SUBDIVISION,SAME DEMO A CALLED S.12 ACkS TMCT OF LAND AS CONVEYED
iN.TM DEED TO HOWARD J.WOLF AND W>FE,CAROLyx J.WOLF,AS REC OPMED IN VOi-UMI:662.
MaE 650 OF THE RECORDS WHZIAMON COUNTY, TEXAS, ALSO BEING A PORTION OE
IVACT 5 OF SAID S[7BDIV=0N, SAME BEIKG A CALLED COS ACRE TRACT OP LAM AS
CONVEYED IN THE DPED TO HOWARD A WOLF AND WIM CAROL'YN WOLF,AS RECORDED 1N
VOLUME 145,PAGE 299 OF TIS DM RSC'ORDS WT>AAMSON COUNTY, 7TXAS. SAID 2.04 ACRE
TRACT OF LAND AS SHOWN ON THE AMOMPANYING SXETca AND 0MG MORE PARTLCULARLY
DESCPJWW BY MI;TBS AND BOUNDS AS FOLLOWS-.
atal raNG at a 1tZ&uch km rod viitb a phW& Cjp sec in t6o south Iiae of Trews 6 of said mbdivisim as
conveyai io tl,e load to L&M V tno and wifo'V.� Volume afi recorded tm Volve s4S.P9p 264 of the
D dcd!t coe=ds wiil'tatnsats Conney'v,same boing,bra wr*Ow of said Tract 5.fa 11W acMwm comer of the
MKI desaibed ltanclk fry which a 1/44W& hm rod f land in $tC east IM of Bast Rock Core(a 50 footwide
awvog),as shown In said sm wardad nal dlvhlots,and being the WW CoaWttoss corner of=M'Tnd 6 ettd MM'tract S
>>ebm S ago Vr 43"W.a distam oM45S.51 feee;
THENCE wkh the oommvn Hue of aak Tfl at 6:and suis Mmes S 19$so I4'43"E,a distanx of 120"fiat 10 a 1!2-
inch iraa rod Witb a ph4ia cap sac for the flog caatet of*@ usot da*gA" .from which a 114-mah icon
rod faund in tlie west Bac of Lot 2 81odc A cf t bw Amadding Plat eCLots 2 wad 3k Block&SavAh Ctedk Sol-- 19,a
sxibdivb1,oa of recasts is Csbb wt R 70 of tha PIA Race=ssqf W n sou COMM Tm&%being a called 7.268
arra tract of land.(Twd 1)as de=fzc d in tke deed to Sabffi TWuzd bock C=*Pall=ets,Ltd, a3 taoasided is
Daatnnent Ig 799935099 4EQs0 Ot$tid PttbHe Rooamdt VMiaanmm (curry,Te=as.setae bObg Bdc east ocau oa
=dinar of said Tt%d 6 and said Tcsat 3 bests N RV IV 43"L3,a&deice of 109J19 P=
12iENC$camiag said Tract 5 wig fix etc of a cum tm dye d&%a dux of 50.02 foot dawagh d antral=We of
ae• lo•56",Ilam a udlas 9f 11519.16 fact,cod vdwe diad beam 8 03.2r I2'E,s disbw*Of SOM fed to a
1Z-leach icon:rod with a pbtsft cep Emad fat fisc aw&wett coca=of a called 0.454 acre tact of land dabbed i t
too deed.be,South Creek Housing,Lt&m leeoa ded In Doanmeot Na:2000032M of tba OToial Public Records of
V%ju m Cout9. TeM. 11+ m Khios a 1/2-loss km rod will it plastic Cap fnmd beets N Sd8 IV 43^P, a
dtatm=of sq.91 feed,
TI MCE wi&tlw common leers of sand 0.484 acm tract,and saM Truss.5&W 4 die fol awing two M courses and
distance=:
t_ With 9,e art of a Cu veno the tight s hex of 111.90 that through a rea==l atse of 00'S4` 176,
hanigg a l 4h=of 11519.16 fed,and whom chord beats S 02•S3'36"E.a disleaos of 191.90 Gees to ft
oauavte nwnutmet;><get for a point of ungextcy,and
w 2. S 0r 20 27"E,a disc of 253.61 feet to a itch lean rod veiny a plasoa cap fon=d in lite Wcat line
of a cal"0.225=retract of lend de4waed to dsa City of X&md RAc1c for right-of-wA7 as semF&a 1a
said A:a=u ft PW of Lola 2 and 3,Block A.Sottas Cc*&,See. 19,fim rrM41 a 194aeb ileo rod
will,a cap found is lite east line of said Ttact 4 sad beteg a wwt a mm of"w z.I bele A and the
nottli earner of Bald DJW acre,tad boats.N 10°05'09"X a dim=of 2798 faec;
■�aa
EXHIBIT
Pogo 1 of 3 ��A"
- Ftaisosi�crvv�.}
2.04 Acro Rlghc-of-Way May 07,2001
PA.Holder Survey.AbstrUt No.297 SAM.loc.fob No.99 t 05-20
WI-Mamson County,Texas
TUMCB Wtd,the Vmmon line oredd 0225 acre 1114and said'Ilaeei4,S Ip"Oi'09'W,d ce of 321-22 f mt
to i<nal-0101 ed pow in the north litre of a caned O.OSO acre frac QedigtloCd far Gants School Texas.same being the
the:doad as c..-d d its Vah=e 1422,Page 455 of the 00cial Ratada Wilco COWOthe sO' west corner of the&=
svurh line o f avid Tlraa 6,and Wag tine s0uth�rast conic r of said 0,225 Mr,tact,�
described he raiw.l3<ofn which a k2rlti Hatt found in am`Xw in canoes boats S 10"OS'09"W.a distastcc oE9.46 Peet;
ats6 from which a 1f2-itech iron reed fund ban S 68'ZO'39'"W.a d�sf8ace Qf 0.16�"d.from which at 1 R-i�h
imse rod fa=d far the &oath oosnawn co=er of said 4.225 arse tt9ct and &gid Lot 2 bears N 88°20'39" F- sr
dance of 64.195 fent;
TaENCE with the eammon line of said 0.030 ewe traat and.said Tract 4.5 38°-20`39'W,a distance of 146-76 fee
to a ac ct monWuerlt set for she sothwasf corner girths watt dcsaibcd htrciva,
T7 WC,E leavibg saidc=MW UXW acrd ctwft scold Tiract 4 and s:id 7t=s the fallowWg five(5)aoursaa and
dis�nccs: .
1. N 62"z3'41`l3,a�eacc t#f 36143 foe to•eonea�e mit set for!m angle P�4
' Z. N 42�l8`52"E,a dist�oa of 50.00 f'oCt�e concrcoo moalugebt��tet�point,
3. W 22.14'03"E.a distance of 67.61 fed to a amoatneMt 5"fors*asaglo poln4
4. N 02'26'27"W.a dna 0f 4Sa:71 ftaec a moaut seE for a polos of eu�svamtt:,and
5. with the m ors carve t0 ttx feR K dresses of?33.s4 6oet ths+oa s«atmi aa$k 0f 01°10'26">iutviaS
a r7rd w of 11399.16 fleet.and whose ehoedbrats N 113&01'do'W.a gf 23333 9 as!ho
PANT OF ,G),l�G sad caata njW 2.04 acres a U*4=am ar b�-
Bearing Basis: Bondage me btesod on 60 TMw StmL-. p1me Cow*n= 9ystel>z,, NAD $3, Cenhal Zow.amd
= u ted to agrfhm using•swfgm a4vdmant favor of 100012. As Wmided by Doug Atrdasoa.RM-%Stwreon.
Inc-
11W STATE OF TEX 8 f
g KNOW ALL WX BY 7MMPRESENTS:
COUNTY op TRAVIS §
'That 1.Michadl R>Flsi dw. a Re&crcd ftaft'OA Laud >do baebY ONMY"rive above:
690"on is tree and.coned to lira best of my lanowteslga sate beliat°sett that due prope W described bards WO
amtertnlacd by a srrnrey tstade oa tba q+�d dutiag l�t'c#t 2040 rmdet�jr dittcsiva sled sopaYision-
WITNZSS MY HAND AND SEAL et A=du.Travis County.Toga on flit a day of May.2001 A.D.
rtURV6YINtG AND MAPPD Gs too.
402&Capital slfTs M-Kwy.50.,suite 17,5 Pr, Land Stuveyor
Austin.Taxes 78704 Wo.42S9-StOn ofTOW
-e 4
YR
Page z of S
cs AL A MTANL 8
Q-00 IC56" 41.04.054'17" &Noll,W126" !:n wp
R.115'�9.16' R-111519.1w R-11399.16' ,
T•25_01� T-90.95' T-116.77' r ---
L.50.02? L-1Q1.9W L&233.54'
C9-SO3'28'12"E CB-502.53'36"E C8-NO3`Ot'40"W �; r
C-50-02' C-1811.90• C-233.53' f a
A . H10LDER SURVEY A-297
TRACT 6
i LARRY WIGGINTON AND WIFE.
V. ANN WIGGIIYTON t
t I1 caAn NOT to bu��e of'r.R. N= Ta srxe
CALLED 6.69 ACRES
i VOL. 845 PAGE 264 It j
O.R.w.C.Tx. it It ��ee-ar,s-
tN8B'1-0-P I
�o, If s2ft or I� _ W
----
SOUTH ROA
NDI ROCK
t t �i -w4X% CREEK PARTNERS, LTD." TRACT 5 1 "Odr 7'* CALLED 7.2 8 AS
Qa. 199935092 DOC. NO.
c c7 ! s ml�y:., O.P.R.1w.C.TX.
HQWARO J. WOLF AND WIFE. 1 t r "n°.°7�' 4pT 2, BLOCK a
CAROLYN WOLF • An
< s CALLED 6.05 ACRES r eyw AMENDING PLAT CF
cn t. ! LOTS 2 AND 3 tll.flCK A
rti i VOL, 845 PAGE 298
Z.- W t r l
o.R.w.c.Tx. �� , r ,r/ AEONNE SOUTH R.SSLIDEC70
ROUND ROCK EAST �t a iT P.R.W.C.TX.
AN 1UNRECORDED SUBDIVISION �
1 V 1.J
TRACT 3 rt te r '°' " SOUTH CREEK HOU%NIG, LTO.
HOWA D J. WOLF AND WIFE, a CALLED 0.464 ACRE
6ARQl.YN J. WOLF 1 � DOG. Nv. 2000082563
CALLED 5.12 ACRES " I `� O.P.R.YY.C.TX.
VOL. 662 PAGE 650 N22.14'03"E s
D.R.w.C.TX. 67.64' ' Q CALL 0 ROUND
ROCK
ACRE
M42.M2"E
IGHT-OF=WAY DEDICATION SOX& ARTERIAL 8 RIGHT-OF-WAY
CALLED 0.050 ACRE N62+23'4rM% - #CABINET R, SLS 74
VOL. 1422 PAGE .455—� X6.43• ,.,
SBS•20'3t1"illa �,es+► P,A.Hoc oBkMAY,2001 z9:
NOTES= 14S.7B' M11[.L/AIASOeV .TES
W-AAV=:AM COOF40WMCE AM � OK TK GATTIS SCHOOL ROAD sCAI.E -zoo'
osu639 0 100 oIncmvmw Tsm
aPR
By flan ANOER90K RMS,S LWVC %Dr.
PETALS � MAW AW TO SCALE-
jHELWBYJGMTlFTLEGEND Twnro� Asv�stoes i 'rtu►T oON Tw w plakam Fen#a A s a
t T KK "'� T To THE 9M OF MY ,', 's "".10I'wsra�
.. r k'car
~� 4r-
SOR
. SSIONAL Mme �EYOR GATE h. k s� oowoY. —
NO. 269(STATIC OF TE7U.4
• ,o®uw�o.r�Tt+a«w. RIGHT-OF-WAY PLAT pAGe s of z
SHOWING PROPERTY OF PEF-M-LD
HOWARD .J. WOLF AND WIFE.
0.19 Acre
PA-Holder Survey,Abstract No.297 FN1904R3
Williamson County,TexasMay 10,2001
SAM,Inc.Job#99105-20
DESCRIPTION OF A 0.19 ACRE TRACT OF LAND LOCATED IN THE P.A.HOLDER SURVEY,ABSTRACT
NO. 297, WTLLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 4 ROUND ROCK EAST, AN
UNRECORDED SUBDIVISION, SAME BEING A CALLED 5.12 ACRE TRACT OF LAND AS CONVEYBD
IN THE DEED TO HOWARD J. WOLF AND WIFE,CAROLYN L WOLF,AS RECORDED IN VOLUME 662,
PAGE 650 OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF
TRACT 5 OF SAID SUBDIVISION, SAME BEING A CALLED 6.05 ACRE TRACT OF LAND AS
CONVEYED IN THE DEED TO HOWARD L WOLF AND WIFE, CAROLYN WOLF, AS RECORDED IN
VOLUME 845, PAGE 299 OF THE DEED RECORDS WIL JANfSON COUNTY, TEXAS, SAID 0.19 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 iroA rod with cap set is the south line of Tract 6 of said subdivision as conveyed in the
deed to Larry Wigginton and wife V. Arm Wigginton, as recorded in Volume 845,Page 264 of the Deed Records
Williamson CouutN Texas,same being the north lime ofsaaid Tract 5,for the northwest corner of the tract'desen"bed
herein, from which a 1/4-inch irvu rod found in the east line of East Rock Cove(a 50 foot wide street,for the west
common cormcr of said Tract 6 and said Tract 5 bears S 889 19'43"W,a distance of 44.5.51 feet;
THENCE with the conunon line of said Tract 6 and said Tract 5,N 880 19'43"E,a distance of 10.01 feet to a 1)2-
inch iron rod with cap sot for the northeast comer of the tract described herein,from which a 1/4-iouch iron,nod found
in the west line of Lot 2, Block A of the Amending Plat of Lots 2 and 3, Block A. South Geek*Sec. 19, a
subdivision of record in Cabinet R, Slide 70 of the Plat Records W37liamson County, Texas,same being a coned.
7.268 acre tract of land,(Tract 1)as described in the deed to South Round Rock Creek Partners,Ltd,as recorded in
Document # 199935099 of the Official Public Reds Wdliamson County, Texas, same being the east common,
comer of said Tract 6 and said Tract 5 beats N 880 19'43"E,a distance of 229.96 feet;
THENCE crossing said Tract 5 and said Tract 4 the following five(5)courses and distances:
1. with the arc of a curve to the right a distance of 233.54 feet through a central angle of 019 10'26",
having a radius of 11399.16 feet,and whose chord bears S 03'01'40"E,a distance of 233.53 feet to it
concrete monument set,
2. S 02'2627"E,a distance of 452.71 feet to a conewte monument net,
3. S 229 14'03"W,a distance of 67.64 feet to a concrete monument set,
4. S 42°18'52"W,a distance of 50.00 feet to it concrete monument set,
5. S 62'23'41'W,a distance of 36.43 feet to a concrete monument set is the north lice of a called 0.050
acre tract dedicated for Gattis School Road ROW in the deed as recorded in Volume 1422,Page 455 of
the Official Records Williamson County,Texas,some being the south line ofsaid Tract 4,for the
southeast corner of the tract described herein from which a 1/2-inch iron rod found for the southeast
y comer of said Lot 2 beats N 880 20'391 B.a distance of 741.70 feet;
THENCE with the common line of said 0.050 acre tract and said Tract 4,S 88'20'39-W,a distance of 22.85 feet
to a 1/2-inch iron rod with cap set for the southwest corner of the tract described herein;
EEXH1131T
f1�11
Page 1 of 3
0.19 Acre
P.A.Holder Survey,Abstract No_297 PN 1904113
Williamson County,Texas May 10,2001
SAM,Inc.Job#99105-20
THENCE leaving said common line and crossing said Tract 4 and said Ttact 5 the followitng five(5)courses and.
distances:
I. N 62°23'41"E,it distance of 55.21 feet to a 1/2-inch iron rod with cap set,
2. N 42° 19'52"F,a distance of46.46 feet to a 1/2-inch iron rod with cap set,
3. N 22°14'03"Fy a distwee of 63.68 feet to a 1/2-inch iron rod with cap set,
4. N 020 26'27"W,a distance of 450.52 feet to a 1/2-inch iron rod with car set,and
5. with the arc of a curve to the loft a distance of 233.67 feet through it central angle of 01' 10'32",having
a radius of 11339.16 feet,and whose chord bears N 03'01'4311 W,a distance of233.67 feet to the
POINT OF BEGINNING and containing 0.19 acne 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 Andersoc,RPLS, Survcon,
Inc.
T11P,STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRF.SEN'TS:
COUNTY OF TRAVIS §
That 1, Michael R Hatcher, a Registered Professional Land Surveyor, do hereby ee r*that the above
description is tragi and catrect to the best of my lmawledge and belief and that the property described herein was
daxrmined by a survey made on the ground during March 2000 under my direction and supervision.
Wn NISSS MY HAND AND SEAL at Anson,Davis Courriy,Texas on this 19M day of July,2001 A.D.
SURVEYING AND MAPPING,Inc.
4029 Capital ofTexas Hwy.So.,Suite 125
Austin,Texas 78704 RegistefM Professional Land Surveyor
No.4259-State of Texas
MM4ELi
.R-
At §40
w
Page 2 of 3
J ,
LAA_. - WIGGINTON AND WIFE.
V. ANN WIGGINTON ii TRACT 6
I CALLED 6.69 ACRES I I I I
x I VOL. 845 PAGE 264 Ir II !
I II N58.19'43'E
D.R.W.C.TX�----- -- r I --_ 10.01 --- -----
—_ r I I r
?�1• _ _
s45.6Y NB8.19 s3`E
W►Y.2000 588• � 229 96'� �
I i9'a3"w
P.&HOLDER SURVEY A•297
WILLIAMSON COUNTY,TEXAS I
SCALE 1--100' r
0 5o too ROUND ROCK EAST
AN UNRECORDED SUBDIVISION
II
w.. 0 1 I r , SOC)0
I I / 414
vga~to C2
TRACT 5 C2 C1 i i i c �cn'
CL
HWS i HOWARD J. WOLF AND WIFE,
cQ m I CAROLYN WOLF I I I -j Q� :
0 r CALLED 6.05 ACRES I I :Q— (2
00 o i VOL. 845 PAGE 299 ERIAL B /I� i i �v zz a
Q i D.R.W.C.TX. R ,T-OF-WAY S 1 I coLis
O
!V
&-01`10'26" A-01.10'32"
R-11399.16' R-11389.16'
T-116.77' T•116.84' i i i o�cr0)
L■233.54• L-233.67' r I l a`c'fQo
CB-SO3.01240"E C13-N03001'43"W II I '�c'n�c
C-233.53' C«233.67' j Z cum I—
P.A. HOLDER SURVEY A-297
Ll 1 r I Z4 oQ:
S22"14'03"W I-_____ —i------------- ----------7T ��W za
67
24' 0.19 ACRE i ', yQa
I"alo
S42.18'52'•W
50.00' TRACT 3 j TRACT 4
L3 L5 HOWARD J. WOLF AND WIFE, ' 1
S62.23'41"W N42'18'52"E CAROLYN J. WOLF LEGEND
36.43• 46.46' CALLED 5.12 ACRESconc�ErE uaalrrsvr a!r
VOL. 662 PAGE 650 N N ' °"'�`•°"N°"'�NWW
sm
a Y; Imo Sar wnw umum NOTE,
N62'23'41"E N22'14 03"E D.R.W.C.TX. is "UK=mono
55.21' 63.68' 2 JIM=N PAA POINT or occrom
NOTES: N i paw aF or�rEtOQ
V1 w �o1° 9FOIL+
BEARINGS AND COORDINATES ARE BIASED ON THE 4 ar—c 'OFf�rue=Wco ms "
TEXAS STATE PLANE COORDINATE SYSTEM.NAD � �� oAwcr.OYF�ioAI,'� CWrtr,t
CENTRAL ZONE AND ADJUSTED TO SURFACE .acct-qtr IlP""MS 1114A X601 COUKIY.XM
A SURFACE ADJUSTMENT FACTOR OF 1.00012. aw.ur.. cem nwom uZomm aou y rero
PROVIDED BY DOUG ANDERSON.RPLS.SURV fA3"lE.R.
DETA4IS ARE NOT DRAWN TO SCALE. to •, 4m
I HEREBY CERTIFY THAT THIS SURVEY WAS WN 1�R L6 L1
GROUND UNDER MY DIRECTARID SUPERVISION
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF 0 RIGHT-OF-WAY DEDICATION
KNOWLEDGE AND BELIEF. LS CALLED 0.050 ACRES
` L2 VOL. 1422 PAGE 455
L4 a O.R.W.C.TX.
HATCHER
PROFESSIONAL LAND SURVEYOR ---_—_— _ 3------ —_�---
NO.
4#59.STATE OF TEXAS 2
S880 20'39"W-
22.85' GATTIS SCHOOL ROAD
400CopwdTsdaN ,sa EASEMENT PLAT PAGE 3 OF 3
SA � �>+��� SHOWING PROPERTY OF REF.FIELD
++ aw w�rlwm.eLM , HOWARD J_ WOLF AND WIFE, NOTE NO- 190-
CAROLYN J. WOLF
0.01 Acre kN1906R3(Twn)
P.A.Holder Survey,Abstract No.297 January 30,2001
ms
Williaon County,Texas SAM,Inc.Job No.99105-20
DESCRIPTION OF A 0.01 ACRE TRACT OF LAND LOCATED IN THE P.A.HOLDER SURVEY,A115TRAC'T
NO.297,WILLIAMSON COUNTY,TEXAS,BMNG A PORTION OF TRACT 5 OF ROUND ROCK FAST,AN
UNRECORDED SUBDIVISION; SAME BEING A CALLED 6.05 ACRE TRACT OF LAND AS rol`ryEYED
IN TIM DEED TO HOWARD L WOLF AND WIFE, CAROL'YN WOLF, AS RECORDED IN VOLUME g45,
PAGE 299 OF THE DEED RECORDS WnIIAMSON COUNTY,TEXAS,SAID 0.01 ACRE TRACT OF LAND
AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNYNG at a 1/2 inch iron rod with cap set in the south line of Tract 6 of said subdivision as conveyed in the
deed to Larry Wigginton and wife V. Ann Wigginton, as recorded in Volume 845,Page 264 of the Deed Records
Williamson Coutaty,Texas,same being the north Ime of said Tract 5,for the northwest comer of the tract described
herein,from which a 1/4-inch iron rod found in the east line of East Rock Cove(a 50 foot wide street), as shown in
said um corded subdivision, and being the west common corner of said Tract 6 and said Tract 5 bears
S 8811 19'43"W,a distance of 575.58 feet,
THENCE with the common lme of said Tract6' and said Tract 5,N 88' 17 43"E,a distance of 10.00 feet to a 1/2-
inch iron rod with cap set for the northeast corner of the kart descn'bed herein,from which s 1/4-inch iron rod found
in the west line of Lot 2, Block A of the Amending flat of Lots 2 and 3, Block A, South Creek Sec. 19, a
subdivision of record in Cabinet R. Slide 70 of the Plat Records,Williamson County, Texas, same being, a called
7.268 acre tract of land(pact 1)as described in the deed to South Round Rock Creek Partners,Ltd.,as recorded in
Dochment # 199935099 of the Official Public Records Williamson County, Texas,same being the east common
comer of said Tract 6 and said Tract 5 bears N 88°19143"F,a distance of 99.89 feet;
THENCE crossing said Tract 5 with the arc of a carve to the right a distance of 50.02 feet through a central angle of
00' 14.55",leaving a radius of 11529.16 feet,and whose chord beats S 030 29106u E,a distance of 50.02 feet to a
12-inch iron rod with cap set in the north line of a called 0.484 acre treat of land described m the deed to South
Creek Housing,Ltd. as recorded in Document No.2000082563 of the Official Public Records Williamson County,
Texas,from which a 1/2-inch iron rod with a plastic cap found in the west line of said Lot 2 for the northeast comer
of said 0.484 acre tract bears N 88' 19'43"E,a distance of 87.91 feet;
n
BXMIBIT
rrCrr
Page 1 of 3
0.01 Acre W1906R3(-1 wH)
P-AHolder Survey,Abstract No.297
Williamson County,Texas SAM,inc.JJ No.9anuary g00 �0
THENCE with said north line,S 880 19'43"W,a distance of 10.00 feet to a 1/2-inch iron rod with cap found for
the northwest corner of said 0.484 acre tract and the southwest corner of the tract described herein,
THENCE with the arc of a curve to the left a distance 00 0.02 feet through a central angle of 00° 14'56",having a
radius of 11519.16 feet, and whose chord bears N 0311 28' 12" W, a distance of 50.02 feet to the POINT OF
BEGIN'NJNG and containing 0.01 acre of land,more or less.
Searing Basis: Bearings are based on the Texas State Plane Coordinate System, NAB 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson,"IS, Survcon,
Inc.
TIS STATE OF TEXAS §
§ KNOW ALL MEN BY TM—SE PRESENTS:
COUNTY OF TRAVIS
That L Michael IL Hatcher, a Regjst 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 descri-bed herein was
determined by a survey made on the ground during March 2000 under my direction and supervision.
WITNESS MY HAND AND SFAL at Austin,Travis County,Texas on this 19"day of July,2001 A.D.
SURVEYING AND MAPPING,Inc. `
4029 Capital of Texas Hwy.So.,Suite 125IKi ' 1t Hatcher.
Austin,Texas 78704 Re ' Professional Land Surveyor
No.4 9-State of Tom
4 ®I'
v4 .
•; �.
'Sip �...•+°�'� -
Sr��
Page 2 of 3
TRACT 6
LARRY WIGGINTON AND WIFE,
V. ANN WIGGINTON r
CALLED 6.69 ACRES
VOL. 845 PAGE 264
D.R.W.C.TX. N88*19'43"E
1 10.00'
1 �
m 1 1 '°
I � 1 �
I &
tDn r 1 I . INaa*ITT 'E , 99.89---� tel•
Quo _" 58a_1w'i3l,74_—���-- s75^56'�_�--�—:C:1211
,— _—�y�--- ,
--1
n lROUND ROCK EASTab- r•3-e 8�.9r_ 1
a i AN UNRECORDED SUBDIVISION '01 ACRE 1 y A-000 4'55"
_f5� o f 1 1 1
< < I I 1 S88'19.43" j j R- 5.011 16'
to
� I TRACT 5 10.00' I 1
i l 5002
= I HOWARD J. WOLF AND WIFE, 1 I 1 C8-SO3'28'06
CAROLYN WOLF _� t.-1o• C■50.02'
I CALLED 6.05 ACRES 1 I f
I VOL. 845 PAGE 299 1 Is
I D.R.W.C.TX. I -4 ► ■
� 1 � 00 i4 56
t i ARTERIAL s i t zQ� i T-25 Ql .
I 11 RK.TIT-OF-WAY 1 I co Cv L.-50.02'
! o CO o rx CB-NO3.28,12"
1 1 ry C.i C-50.02'
1 1 j I W cN j
I
TRACT I
v W Z% jSOUTH ROUND ROCK
i o CREEK PARTNERS. LT[
1 1 I I rto 1 CALLED 7.268 ACRE;
r i i j o vp j DOC. NO. 199935099
O.P.R.W-C.TX.
�lLOT 2. BLOCK A
DECEMBE1 I 1 I
AMENDING PLAT OF
R 2000
P-A�HOLDER StJI:iVEY A-297 I I I I / LOTS 2 AND 3 BLOCK f
WILLIAMSON COUNTY.TEXAS 1 1 I 1 SOUTH CREEK SEC. 19
SCALE I'•-s0• 1 1 1 I CABINET R. SLIDE 70
0 2p 50 11 i P.R.W.C.TX.
P.A. HOLDER - SURVEY A-297
• I
NOTES-
BEARINGS
OTESBEARINGS AND COORKNATES ARE BASED ON THE
ETLZ �NDs ""OCENTRAL STATE PLANE ADJUSTED COORDINATE USWA SURFACE
AS
ROWM ADJUSTMENT
AANDERSON.�S.SURA C K PIC.
DETAILS ARE NOT DRAWN TO SCALE. 1110 .9 42M 4:j• LEGEND
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE '9�1 ,�Sg�1<•, '� >�o1aUt' �r
GROUND UNDER MY DatECT10M AND SUPER1n90N AND im S�� 'K'9 FOIRO UIrE55 norm
o Yz"�Ok Rao str r/C�n W.Ess NOTED
THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY ' y�-aeon RW MWO*1W U KESS NOTED
KNOWLEDGE AND BELIEF. e
REL�DRD rFG1dYAr10N
r. Po oorr Ocoe�c
M am aw FOUND
a MN Pre fQUw
t&a_zn
%N0.4sSTATE
R.MATVL R •+'A►�T-•Onout pLE;IC REoaaos wsuO.on
XM
ED PROFESSIONAL LAND SURVEYOR ate..GFVCCOUNTr.. f!M 0C w&uANSON COUNTY.TEar OF TEXAS .xw-=T- purr RECOADS V&LWOUn COuaY,TCxAS
Z"L- OECD$CC*%=W[lAlMl M COUNTY.TE]Ut5
mmEASEMENT PLAT PAGE of 3
B1ftoalm ft Tom 70m ^m SHOWING PROPERTY OF REF. FIELD
wMV484o w ISM 44w HOWARD J. WOLF AND WIFE,
NOTE NO. 19061:
CAROLYN J. WOLF
r
DATE: July 20, 2001, 2001
SUBJECT: City Council Meeting—July 26, 2001
ITEM: 14.C.3. Consider a resolution authorizing the Mayor to execute a Real Estate
contract with Howard J. Wolf and Carolyn J. Wolf for right-of-way
for the A.W. Grimes Boulevard Project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: This contract with Mr. and Mrs. Wolf is for right of way acquisition necessary for
the construction of the A. W. Grimes Boulevard project.
Funding:
Cost: $253,693.44
Source of funds: Transportation System Development Corporation Sales Tax
Outside Resources: The Pinnacle Group
Impact/Benefit: This project will provide for a new Brushy Creek Crossing and much
needed north/south access east of downtown Round Rock. This roadway
will greatly enhance mobility and safety.
Public Comment: Several meetings with affected property owners.
Sponsor: N/A