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HomeMy WebLinkAboutRES 041211-G - PCN Howard Neal LandryRESOLUTION NO. `I ►a I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR ACQUISITION OF REAL PROPERTY TO EFFECTUATE CERTAIN PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition of a permanent utility easement on, over, under and across those certain tracts of real property in Williamson County totaling 1.3 acres (56,639 square feet), more or less, and being described by metes and bounds and sketch in the attached Exhibits A - E as Parcels All (0.009 acre), A46 (0.267 acre), A17 Part 2 (0.383 acre), A17 Part 3, (0.442 acre) A17 Part 4 (0.199 acre), respectivel, which exhibits are incorporatedherein by reference as if fully set out and which are subsequently referred to as the "Property," for construction, reconstruction, improvement, operation, use, maintenance and extension of public utility infrastructure improvements and appurtenances thereto (the "Project"); and WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the "City") hereby finds that public convenience and necessity also requires acquisition of a temporary construction easement on, over, under and across those certain tracts of real property in Williamson County totaling 1.425 acres (62,082 square feet), more or less, and being described graphically on the sketches on page 3 of the aforementioned exhibits attached hereto as "PROPOSED 25' WIDE TEMPORARY CONSTRUCTION EASEMENT", which temporary construction easement tracts abut the Property and are subsequently referred to herein as the "Temporary Construction E asement," for construction, reconstruction, construction excavation, temporary access, spoil storage, equipment storage, and any and all other uses necessary or desirable to effectuate the Project; and WHEREAS, in order to effectuate the Project, it will be necessary and convenient that agents, representatives, or employees of the City, lay out the Project and acquire the necessary property rights upon, over, under and across the Property and Temporary Construction Easement for the purpose of construction, reconstruction, operation, and maintenance of the public utility infrastructure improvements and appurtenances thereto; and, WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title companies, architects or other persons or companies to effect the laying out, establishment, and acquisition of the Property, Temporary Construction Easement, and the Project; and Resolution No O i Q1 - Declaring Public Convenience & Necessity — Landry property (2006 Annexation Utility Improvements Project) Page 1 of 3 WHEREAS, in order to acquire the Property, it will be or has been necessary for the City's agents representatives, or employees to enter upon the Property and Temporary Construction Easement for the purposes of performing feasibility inspections and/or studies, including, but not limited to, surveying, appraisal, environmental, geotechnical work, to conduct tests, and establish said land titles to determine adequate compensation for said property rights, and to negotiate with the owners thereof for the purchase of said property rights; and, WHEREAS, it was necessary to set out procedures for the establishment and approval of just compensation for each of the parcels to be acquired for the Project; Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: That public convenience and necessity requires acquisition of: a. a permanent utility easement on, over, under and across the real property described in the attached Exhibits A - E attached hereto for construction, reconstruction, improvement, operation, use, maintenance and extension of public utility infrastructure improvements and appurtenances thereto; and b. a temporary construction easement on, over, under and across that certain tract of real property in Williamson County totaling 1.425 acres (62,082 square feet), more or less, and being described graphically on the sketches on page 3 of the aforementioned exhibits attached hereto as "PROPOSF4D 25' WIDE TEMPORARY CONSTRUCTION EASEMENT", which temporary construction easement tracts abut the Property for construction, reconstruction, construction excavation, temporary access, spoil storage, equipment storage, and any and all other uses necessary or desirable to effectuate the Project. 2. That the City's agents, representatives, or employees are hereby authorized to: a. lay out the exact location of the land area needed for the Property, Temporary Construction Easement, or other properties; b. hire such persons or companies, including, but not limited to, engineers, surveyors, appraisers, title companies, architects, and other persons or companies needed to design, lay out and establish the limits of the Project, to acquire the necessary property rights and to construct the Project; c. enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the property rights and to conduct feasibility inspections, studies and tests; d. negotiate with the owners of any such property rights for the purchase thereof; Resolution No I { Declaring Public Convenience & Necessity — Landry property (2006 Annexation Utility Improvements Project) Page 2 of 3 e. to purchase any necessary property rights on, over, under and across the Property, and execute all documents necessary to acquire such rights, all subject to express approval of the specific, negotiated terms by the City Council; f. initiate eminent domain proceedings against the owner(s) of the Property and Temporary Construction Easement for the necessary land title(s) for each in the event the owner(s) fail to accept a bona fide offer to purchase the Property and/or Temporary Construction basement; and g. take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. h. hat all previous acts and proceedings done or initiated by the City's agents, representatives, or employees for the establishment of the Project, including the negotiation for and/or acquisition of any necessary property rights in the Property and Temporary Construction Easement are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. 3. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 4. This resolution shall be effective immediately upon adoption. RESOLVED by the City Council of the City of Georgetown this day of April, 2011. THE CITY OF GEORGETOWN: By Ge•rge G. Garver, Mayor APPROVED AS TO FORM: 1. Mark Sokolow, City Attorney ATTEST: sica F Brat e, City Secretary Resolution No 09 (a ► 1- Cr- Declaring Public Convenience & Necessity — Landry property (2006 Annexation Utility Improvements Project) Page 3 of 3 PARCEL Al 7 Page 1 of 3 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.009 ACRE (372 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN BERRY SURVEY, ABSTRACT NO 51, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 4.095 ACRE TRACT OF LAND CONVEYED TO HOWARD NEAL LANDRY BY INSTRUMENT RECORDED IN VOLUME 1732, PAGE 249, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 0.009 ACRE (372 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 3/8" iron rod found in the existing westerly right-of-way line of Interstate Highway 35 (right-of-way width vanes), being the common northerly boundary line of said 4.095 acre tract, and the southerly boundary line of that 111.36 acre tract of land conveyed to Jasper N. Sudduth and Ida P Sudduth recorded in Volume 512, Page 71, of the Deed Records of Williamson County Texas, for the northeast corner of the herein described tract; 1) THENCE, departing the southerly boundary line of said 111.36 acre tract, with the easterly boundary line of said 4.095 acre tract, same being the existing westerly right-of-way line of said Interstate Highway 35, S 13°56'19" W for a distance of 18 59 feet to a calculated point, being the northerly boundary line of that 0.8 acre tract of land conveyed to Franklin D. Herzog et al recorded in Volume 467, Page 448 of the Deed Records of Williamson County, Texas, for the southeast corner of the herein described tract; 2) THENCE, departing the existing westerly right-of-way line of said Interstate Highway 35, with the common southerly boundary line of said 4.095 acre tract, and the northerly boundary line of said 0.8 acre tract, S 67°42'51" W a distance of 24 79 feet to a calculated point, for the southwest corner of the herein described tract; 3) THENCE, departing the northerly boundary line of said 0.8 acre tract, through the interior of said 4 095 acre tract, N 13°56'19" E for a distance of 18.59 feet to a calculated point, being the southerly boundary line of said 111.36 acre tract, same being the northerly boundary line of said 4.095 acre tract, for the northwest corner of the herein described tract; 4) THENCE, with the common southerly boundary line of said 111.36 acre tract, and the northerly boundary line of said 4.095 acre tract, N 67°42'51" E a distance of 24.79 feet to the POINT OF BEGINNING, containing 0.009 acres (372 square feet) of land, more or less. PARCEL A17 Page 2 of 3 NOTE: There is also a 25.00 foot wide Temporary Construction Easement west of, adjacent to and parallel with Course 3 of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, V�iilifamson County, Texas. M Stepheh Truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 EXHIBIT P AT TO ACCOMPANY DESCRIPTION 10 O 10 SCALE I" = 20 HOWARD NEAL LANDRY (4.095 AC.) VOL. /732, PG. 24 JASPER N. SUDDUTH 8 IDA P. SUDDUTH (111.36 AC.) VOL. 512, PG. 71 (TRACT I) D.R,W.C.T. 0 0. 09 ACRES • 372: SQ. FT, FRANKLIN. D. HERZOG (0.8 AC.) VOL. 467, PG, 448 D.R.W.C.T. NOTES: 1I ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, MAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2.) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. STATE OF TEXAS COUNTY OF WILLIAMSON THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. WITNESS MY HAND AND SEAL -AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS. M. STEPHEN TR.UESDALE:° DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 1504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX. 78681 t tt LAN GE 7:ETtcSL"= PROFESSIONAL LAND SURVEYORS 04 CHISHOLM TRAIL. R€3 STE 103 ROUND ROCK, TX. 73681 H.Ig1Z?23s t2€0 FAX(5121238 ZSt D.R.W.C.T. P.O.B. O LINE TABLE NO. BEARING DISTANCE LI S 13°56'19° W 18.59" L2 S E.7°42 51" W 24.79' L3 N I3°56.19" E 1.8,5'3` L4 N 67:42'51" E. 24,79' • LEGEND TXDOT CONC MON I/2" IRON ROD FND CALCULATED. POINT IRON ROD FND W/ TXDOT ALUMINUM CAP PROPERTY LINE EDGE OF .PAVEMENT OVERHEAD ELECTRIC LINE WIRE FENCE GUY ANCHOR POWER POLE SIGN LIGHT POLE PULL BOX O.P,R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS DEED RECORDS WILLIAMSON COUNTY, TEXAS PARCEL Al 0.009 ACRES 372_ SQUARE FEET PAGE3OF3 PARCEL A46 Page 1 of 3 EXHIBIT 6 PROPERTY DESCRIPTION DESCRIPTION OF A 0.267 ACRE (11,642 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN BERRY SURVEY, ABSTRACT NO. 51, IN WILLIAMSON COUNTY TEXAS, BEING A PORTION OF THAT 3.02 ACRE TRACT OF LAND CONVEYED TO HOWARD LANDRY BY INSTRUMENT RECORDED IN VOLUME 672, PAGE 64, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.267 ACRE (11,642 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the existing westerly right-of-way line of Interstate Highway (I.H.:) 35 (right-of-way width varies), being the southeast corner of the 1.44 acre remainder of that 17.23 acre tract of land conveyed to Larry Wayne Domel & Linda Faye Peterson by instrument recorded in Document No. 9700401, of the Official Records of Williamson County, Texas, same beingthe northeast comer of said 3.02 acre tract, for the northeast corner of the herein described tract, and from which a 1/2" iron rod found, bears S 76°43'30" E for a distance of 0.35 feet;. THENCE, with the existing westerly right-of-way line of said I.H. 35, same being the easterly boundary line of said 3 02 acre tract, the following two (2) courses: 1) S 13°56'19" W a distance of 564.36 feet to a calculated point; 2) S 18°41'42" W a distance of 12.56 feet to a calculated point being the most easterly corner of that 6.28 acre tract (Third Tract) tract of land conveyed to Howard Neal Landry by instrument recorded in Volume 1732, Page 249, of the Official Records of Williamson County, Texas same being the southeast corner of said 3 02 acre tract, for the southeast corner of the herein described tract; 3) THENCE, departing the existing westerly right-of-way line of said I H. 35, with the common boundary line of said 6.28 acre tract and said 3 02 acre tract, N 54°55'23" W a distance of 20,85 feet to a calculated point for the southwest corner of the herein described tract; THENCE, departing the easterly boundary line of said 6.28 acre tract, and through the interior of said 3 02 acre tract, the following five (5) courses: 4) N 18°41'42' E a. distance of 5.85 feet to a calculated point; 5) N 13°56'19" E a distance of 493.83 feet to a calculated point; 6) N 02°41'19" E a distance of 30.75 feet to a calculated point; 7) N 25°11'19" E a distance of 30.75 feet to a calculated point; 8) N 13°56'19" E a distance of 9.14 feet to a calculated point, being in the southerly boundary line of said 1.44 acre tract, same being in the northerly boundary line of said 3.02 acre tract for the northwest corner of the herein described tract; PARCEL A46 Page 2 of 3 9) THENCE, with the common boundary line of said 1.44 acre tract and said 3.02 acre,. S 76°43`30" E a distance of 20.00 feet to the POINT OF BEGINNING, containing 0.267 acres (11,642 square feet) of land, more or less. NOTE: There is also a 25.00 foot wide Temporary Construction Easement west of, adjacent to and parallel with Courses four (4) through eight (8) of the above description and asshown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accornpan ed by a separate plat That I, M. Stephen Truesdale, a. Registered Professional Land Surveyor do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision,. WITNESS MY HAND ANQ SEAL et Round Rock, Williamson County, Texas, pheh Truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Sulte 103 Round Rock TX. 78681 512-238-1200 EXHIBIT 50 0 SCALE I 0 %1 50 100' 100 LEGEND 1/2" IRON ROD END CALCULATED POINT PROPERTY LINE EDGE OF PAVEMENT OE OVERHEAD ELECTRIC LINE —coo— CHAINLINK FENCE — X — WIRE FENCE j GUY ANCHOR POWER POLE rin SIGN f MAIL BOX O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS D.R.W,C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS PLAT TO ACCOMPANY DESCRIPTION g DETAIL DOMEL N.T.S. PETERSON DOC. 9700401 O.R.W.C.T. 76°43'30" E 0.35' L7 LANDRY (3,02 AC.) OL. 672, PG, 64 D.R.W.C.T. HOWARD NEAL LANDRY (6.28 AC ) VOL. 1732, PG 249 €.R.W.C.T. NOTES: 1 I I 1 1 I I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. STATE OF TEXAS COUNTY OF WILLIAMSON THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS. M. STEPHEN fTRUESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 504 CHISHOLM TRAIL RD, SUITE 103 ROUND ROCK, TX 78681 1NLANE GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD STE, 103 ROUND ROCK, TX. 78681 PH. (5121 238-1200, FAX (512)238-1251 LARRY WAYNE DOMEL a LINDA FAYE PETERSON (1.44 AC. REMAINDER OF 17.23 AC.) DOC. NO. 9700401 O.R.W.C.T. HOWARD LANDRY (3.02 AC) VOL. 672, PG. 64 D.R. W.C. T. 0.267 ACRES 11,642 SQ. FT, PROPOSED 25' WIDE TEMPORARY CONSTRUCTION EASEMENT (14,138 SQ. FT.) L / / 1 / / / LI SEE DETAI cot 1. te L7 P.O.B. s7E.0 (t5N1 LINE TA NO. BEARING DISTANCE LI S 18°4142 W 12.56' L2 N 54°55'23" W 20.85' L3 N 18°41'42" E 5,85' L4 N 02°41118" E 30.75' L5 N 25°1'I9"' E 30.75' L6 N I3°56`I9'" E 9.14' L7 S 76°43`3O" E 20 00' PARCEL A46 0.267 ACRES 1,642 SQUARE FEET PAGE 3OF3 PARCEL A17 PART 2 Page 1 of 3 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.383 ACRE (16,683 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN BERRY SURVEY, ABSTRACT NO. 51, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 3.43 ACRE TRACT OF LAND CONVEYED TO HOWARD NEAL LANDRY BY INSTRUMENT RECORDED IN VOLUME 1732, PAGE 249 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.383 ACRE (16,683 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point, being the southeast corner of that 71.997 acre tract of land conveyed to NWC SH195 & 135, LTD., by instrument recorded in Document No. 2008000666 of the Official Public Records of Williamson County, Texas, same being the most northerly northeast corner of that 4.63 acre tract of land conveyed to Speedy Stop Food Stores, Ltd., by instrument recorded in Document No. 2006049946 of the Official Public Records of Williamson County, Texas, being the southwest corner of said 3.43 acre tract, for the southwest corner of the herein described tract, and from which a Type 1 Concrete Marker Found being in the existing westerly right-of-way line of Interstate Highway 35 bears S 51 °47'58" E at a distance of 88.18 feet; 1. THENCE, with the common boundary line of said 71.997 acre tract and said 3.43 acre tract, N 03°26'20" E for a distance of 222.51 feet to a calculated point; THENCE, departing said common boundary line, and through the interior of said 3.43 acre tract the following three (3) courses: 2. N 48°26'20" E for a distance of 56.57 feet to a calculated point; 3. N 03°26'20" E for a distance of 111.49 feet to a calculated point; 4. N 41°33'40" W for a distance of 56.57 feet to a calculated point, being in said common boundary line; 5. THENCE, with said common boundary line, N 03°26'20" E for a distance of 311.15 feet to a 3/8" iron rod found, being the southwest corner of that 5.7 acre tract of land conveyed to Howard Neal Landry by instrument recorded in Volume 1732, Page 249, of the Official Records of Williamson County, Texas, same being the northwest corner of said 3.43 acre tract, for the northwest corner of the herein described tract; 6. THENCE, departing said common boundary line, with the common boundary line of said 5 7 acre tract and said 3.43 acre tract, N 70°02'42" E for a distance of 27.02 feet to a calculated point, for the northeast corner of the herein described tract; PARCEL A17 PART 2 Page 2 of 3 THENCE, departing said common boundary line, and through the interior of said 3.43 acre tract the following seven (7) courses: 7. S 02°19'59" W for a distance of 10.49 feet to a calculated point; 8. S 03°26'20" W for a distance of 308.10 feet to a calculated point; 9. S 41°33'40" E for a distance of 49.50 feet to a calculated point; 10. S 03°26'20" W for a distance of 128.06 feet to a calculated point; 11. S 48°26'20" W for a distance of 56.57 feet to a calculated point; 12. S 03°26'20" W for a distance of 199.88 feet to a calculated point; 13. S 57°47'13" W for a distance of 24.61 feet to the POINT OF BEGINNING, containing 0.383 acres (16,683 square feet) of land, more or less NOTE: There is also a 25.00 foot wide Temporary Construction Easement east of, adjacent to and parallel with Courses seven (7) through thirteen (13) of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 Date EXHIBIT 50 0 50 SCALE In = 100' 100 PLAT TO ACCOMPANY DESCRIPTION LL? LINE TABLE NO. BEARING DISTANCE LI N 48°26'20" E 56.57' L2 N 03°26120" E 111.49' L3 N 41°33'40° W 56.57' L4 N 70°02'42" E 27.02' L5 S 02°19'59" W 10.49' L6 S 03°26'20" W 308.10' L7 S 41°33'40" E 49.50' L8 S 03°26'20" W 128.06' L9 S 48°26'20" W 56.57' LIO S 57°47'13" W 24.61' LII S 51°47'58" E 88.18' LEGEND A O %/ — OE- - X TXDOT CONC MON 3/8" IRON ROD FND CALCULATED POINT IRON ROD FND W/ TXDOT ALUMINUM CAP PROPERTY LINE EDGE OF PAVEMENT O VERHEAD ELECTRIC LINE W IRE FENCE CHAINLINK FENCE GUY ANCHOR POWER POLE {� TOWER PULL BOX O .P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O .R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS 117 NWC SH195 & 135 LTD., (71.997 AC.) DOC. NO. 2008000666 O.P.R.W.C.T. PART 2 0.383 ACRES 16,683 SQ. FT. NOTES: I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 HOWARD NEAL LANDRY (5.7 AC.) VOL. 1732. PG. 249 O.R.W.C.T. L5 I I I I I(0 I I I I I I I I U (V 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. C THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. STATE OF TEXAS COUNTY OF WILLIAMSON THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS. M. TEPHEf TRUESDAL DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 1504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX 78681 w 0 GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD STE. 103 ROUND ROCK, TX. 78681 PH. (512)238-1200, FAX (512)238-1251 w P.O.B. <4 SPEEDY STOP FOOD STORES, LTD. • (4.63 AC.) DOC. NO. 2006049946 O.P.R.W.C.T. PARCEL A17 PART 2 0.383 ACRES 16,683 SQUARE FEET PROPOSED 25' WIDE TEMPORARY CONSTRUCTION EASEMENT (19,072 SQ. FT.) op Q W 44, C9 O tt Lif HOWARD NEAL LANDRY (3.43 AC.) VOL. /732, PG. 249 O.R.W.C.T. PAGE 3 OF 3 PARCEL Al 7 PART 3 Page 1 of 3 EXHIBIT ID PROPERTY DESCRIPTION DESCRIPTION OF A 0.442 ACRE (19,259 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN BERRY SURVEY, ABSTRACT NO. 51, WILLIAMSON COUNTY TEXAS, BEING A PORTION OF THAT 5.7 ACRE TRACT OF LAND CONVEYED TO HOWARD NEAL LANDRY, BY INSTRUMENT RECORDED IN VOLUME 1732 PAGE 249 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.442 ACRE (19,259 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 3/8" iron rod found, being in the easterly boundary line of that 71.997 acre tract of land conveyed to NWC SH195 & 135 LTD., by instrument recorded in Document No. 2008000666 of the Official Public Records of Williamson County, Texas, same being the northwest corner of that 3.43 acre tract of land conveyed to Howard Neal Landry by instrument recorded in Volume 1732, Page 249, of the Official Records of Williamson County, Texas, same being the southwest corner of said 5.7 acre tract, for the southwest corner of the herein described tract; THENCE, with the common boundary line of said 71.997 acre tract and said 5.7 acre tract, the following two (2) courses: N 02°19'59" E for a distance of 683.52 feet to a calculated point; 2. N 01°22'27" E for a distance of 94.56 feet to a 3/4" iron pipe found, being the southwest corner of that 6.28 acre tract of land conveyed to Howard Neal Landry, by instrument recorded in Volume 1732, Page 249, of the Official Records of Williamson County, Texas, same being the northwest corner of said 5.7 acre tract, for the northwest corner of the herein described tract; 3. THENCE, departing said common boundary line, with the common boundary line of said 6 28 acre tract and said 5.7 acre tract S 75°59 02' E for a distance of 25.62 feet to a calculated point, for the northeast corner of the herein described tract; THENCE, departing said common boundary line, and through the interior of said 5.7 acre tract the following two (2) courses: 4. S 01 °22'27" W for a distance of 89.16 feet to a calculated point; 5. S 02°19'59" W for a distance of 673.48 feet to a calculated point, being in the northerly boundary line of said 3.43 acre tract, same being in the southerly boundary line of said 5 7 acre tract for the southeast corner of the herein described tract, PARCEL A17 PART 3 Page 2 of 3 6. THENCE, with the common boundary line of said 3.43 acre tract and said 5.7 acre tract S 70°02 42" W for a distance of 27.02 feet to the POINT OF BEGINNING, containing 0.442 acres (19,259 square feet) of land, more or less. NOTE: There is also a 25.00 foot wide Temporary Construction Easement east of, adjacent to and parallel with Courses four (4) and five (5) of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen Teesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L P. 1504 Chisholm Trail Road Suite 103 Round Rock TX 78681 512-238-1200 Date EXHIBIT PLAT TO ACCOMPANY DESCRIPTION \ 50 0 50 100 SCALE 1" = 100' LEGEND 0 0 0 —OE— I/2" IRON PIPE FND UNLESS NOTED I/2" IRON ROD FND UNLESS NOTED CALCULATED POINT IRON ROD FND W/ TXDOT ALUMINUM CAP PROPERTY LINE OVERHEAD ELECTRIC LINE X — WIRE FENCE CHAINLINK FENCE GUY ANCHOR POWER POLE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS COD ra' LINE TABLE NO. BEARING DISTANCE LI S 75°59'02" E 25.62' L2 S 01°22'27" W 89.16' L3 S 70°02142" W 27.02' L4 94.56' N 01°22'27" E NWC SH195 a 135 LTD., (71.997 AC.) DOC. NO. 2008000666 O.P.R.W.C.T. NOTES: I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. STATE OF TEXAS COUNTY OF WILLIAMSON THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS. M/STEPHN TRUESbALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 1504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX 78681 GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 3/4 N lf) r0 GO CO 0 CV 0 Z EditIL LI 1 i 1 N PARCEL A17 PART 3 0.442 ACRES 19,259 SQUARE FEET HOWARD NEAL LANDRY (6.28 AC,) VOL. 1732, PG. 249 O.R.W.C.T. PROPOSED 25' WIDE TEMPORARY CONSTRUCTION EASEMENT (18,873 SQ. FT.) HOWARD NEAL LANDRY (57 AC.) VOL. /732, PG. 249 O.R.W.C.T. PART 3 0.442 ACRES 19,259 SQ. FT. PAGE 3 OF 3 PARCEL A17 PART 4 Page 1 of 3 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.199 ACRE (8,683 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN BERRY SURVEY, ABSTRACT NO. 51, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 6.28 ACRE TRACT OF LAND CONVEYED TO HOWARD NEAL LANDRY BY INSTRUMENT RECORDED IN VOLUME 1732, PAGE 249 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 0.199 ACRE (8,683 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 3/4" iron pipe found in the easterly boundary line of that 71.997 acre tract of land conveyed to NWC SH195 & 135, LTD., by instrument recorded in Document No. 2008000666 of the Official Public Records of Williamson County, Texas, being the northwest corner of that 5.7 acre tract of land conveyed to Howard Neal Landry by instrument recorded in Volume 1732, Page 249, of the Official Records of Williamson County, Texas, same being the southwest corner of said 6.28 acre tract, for the southwest corner of the herein described tract; 1. THENCE, with the common boundary line of said 71 997 acre tract and said 6.28 acre tract, N 08°01'42" W for a distance of 253.60 feet to a calculated point; THENCE, departing said common boundary line, and through the interior of said 6.28 acre tract the following two (2) courses: 2. N 36°58'18" E for a distance of 56.57 feet to a calculated point; 3. N 08°01'42" W for a distance of 54.74 feet to a calculated point, being in the southerly boundary line of that 4.095 acre tract of land conveyed to Howard Neal Landry, by instrument recorded in Volume 1732, Page 249, of the Official Records of Williamson County Texas same being in the northerly boundary line of said 6 28 acre tract, for the northwest corner of the herein described tract; 4. THENCE, with the common boundary line of said 4.095 acre tract and said 6 28 acre tract, N 75°03'18" E for a distance of 20.15 feet to a calculated point, for the northeast corner of the herein described tract; THENCE, departing said common boundary line, and through the interior of said 6.28 acre tract the following four (4) courses: 5. S 08°01'42" E for a distance of 65.45 feet to a calculated point; 6. S 36°58'18" W for a distance of 49.50 feet to a calculated point; 7. S 08°01'42" E for a distance of 252.37 feet to a calculated point; PARCEL Al 7 PART 4 Page 2 of 3 S 01°22'27" W for a distance of 7.66 feet to a calculated point, being in the northerly boundary line of said 5.7 acre tract, same being in the southerly boundary line of said 6.28 acre tract, for the southeast corner of the herein described tract, 9. THENCE, with the common boundary line of said 5.7 acre tract and said 6.28 acre tract N 75°59'02" W for a distance of 25.62 feet to the POINT OF BEGINNING, containing 0.199 acres (8,683 square feet) of land, more or Tess. NOTE. There is also a 25.00 foot wide Temporary Construction Easement east of, adjacent to and parallel with Courses five (5) through eight (8) of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. d M. Stephen Teesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L P. 1504 Chisholm Trail Road Suite 103 Round Rock TX 78681 512-238-1200 Date EXHIBI T PLAT TO ACCOMPANY DESCRIPTION 25 0 25 SCALE 1" = 50' 50 LINE TABLE NO. BEARING DISTANCE LI N 75°03'I8" E 20.15' L2 S 01°22'27" W 7.66' L3 N 75°59'02" W 25.62' LEGEND A O 0 -OE- OVERHEAD ELECTRIC LINE X - WIRE FENCE 030- CHAINLINK FENCE GUY ANCHOR POWER POLE O .P.R W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O .R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS y I/2" IRON PIPE FND UNLESS NOTED 1/2" IRON ROD FND UNLESS NOTED CALCULATED POINT IRON ROD FND W/ TXDOT ALUMINUM CAP TREE PROPERTY LINE NWC SHI95 & 135 LTD., (71.997 AC.) DOC. NO. 2008000666 O.P.R.W.C.T. N OTES: I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS S TATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. HOWARD NEAL LANDRY (4.095 AC.) VOL. 1732, PG. 249 O.R.W.C.T. L1 0 0 I ��O Iv', o I 1.� 10 4;: 1= 4, *IAA 1 oh CO"' /�. (�/ o /`' „,,Co/ay . 1g 10 13 IN Z 0 0 0 O_ N STATE OF TEXAS COUNTY OF WILLIAMSON THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. W ITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS. P.O.B. M. STEP:HEN(T UESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 L ICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX 78681 INLAND GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512)238-1200, FAX (512)238-1251 L3 PROPOSED 25' WIDE TEMPORARY CONSTRUCTION EASEMENT (9,534 SQ. FT.) HOWARD NEAL LANDRY (6.28 AC.) VOL. /732, PG. 249 O.R.W.C.T. L2 I PART 4 0.199 ACRES 8,683 S0. FT. HOWARD NEAL LANDRY (5.7 AC.) VOL. 1732, PG. 249 O.R.W.C.T. PARCEL A17 PART 4 0.199 ACRES 8,683 SQUARE FEET PAGE 3 OF 3