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HomeMy WebLinkAboutRES 092716-V - KDR Equities Settlement Agmt\�e,SolLai 0r-) V� o. O`1 "a1 1Lip - V RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN: That the Compromise and Settlement Agreement in Lieu of Condemnation between the City of Georgetown and KDR Equities, LLC, is hereby approved, whereby the City accepts approximately 0.077 acre by special warranty deed, for the property described on Exhibit A attached hereto and incorporated herein by reference, and that the Mayor is authorized to sign all documents to complete this transaction. PASSED, APPROVED, AND ADOPTED thisa1 day of e+nixf 2016. CITY OF GEORGETOWN: <::�V& G-pv-� Dale Ross, Mayor ATTEST: S p Shelley NowlhjLCity Secretar APPROVED AS TO FORM: �V i ytay . SV-yeWIO FTjrneVQf V+5si' a� RlEs. 00%a'71U 'V AUS 536556536x6 EXHIBIT "A" Variable Width Right -of -Way Acquisition METES AND BOUNDS DESCRIPTION OFA 0.077 ACRE TRACT OF LAND OUT OF THE KDR EQUITIES, LLC TRACT LOCATED IN CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS BEING A 0.077 ACRE (3,357 SQUARE FEET) TRACT OF LAND SITUATED IN THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS; SAID 0.077 ACRE TRACT BEING A PORTION OF A CALLED 19.4894 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO KDR EQUITIES, LLC, AND RECORDED IN DOCUMENT NO. 2012082150 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.077 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found 1/2 -inch iron rod with yellow cap stamped "Bury Partners" marking the common northeast comer of Lot 2, Block "A", CPG Partners Commercial Tract - a Replat of Lot IA and 5A, Block `B", Section 4 and a Final Plat of Section 6 and recorded in Document No. 2014014737 O.P.R.W.C.T. and the northwest comer of Oakmont Drive (100 foot right-of-way width), also a called 3.823 acre tract of land described in that Special Warranty Deed to the City of Round Rock and recorded in Document No. 2014014196 O.P.R.W.C.T., said point also being on the southeast line of said 19.4894 acre tract, for the southwest comer and POINT OF BEGINNING of the herein described tract; THENCE North 300 33' 53" East, departing said common line, and traveling across the interior of said 19.4894 acre tract, a distance of 120.92 feet to a set 1/2 -inch iron rod with cap stamped "Wallace Group" on the common northeast line of said 19.4894 acre tract and the southwest line of a remainder of a called 76.27165 acre tract of land described in that Special Warranty Deed with Vendor's Lien to Novak Westinghouse, LP and recorded in Document No. 2014073967 O.P.R.W.C.T., for the north comer of the herein described tract, from which a found 1/2 -inch iron rod with orange cap stamped "RPLS 2218" bears, North 20° 59' 09" West, a distance of 468.78 feet; THENCE South 20° 59' 09" East, with the common northeast line of said 19.4894 acre tract and the southwest line of said 76.27165 acre remainder tract, a distance of 70.89 feet to a found 1/2 -inch iron rod with yellow cap stamped "Bury Partners" for the common east comer of said 19.4894 acre tract and north corner of said Oakmont Drive, for the east comer of the herein described tract, from which a 1/24nch iron rod found for an angle point on the common northeast line of said Oakmont Drive and the southwest line of said 76.27165 acre remainder tract bears, South 19° 25' 57" East, a distance of 16.55 feet; Page 1 of 3 REs, oqa-] iU- Exhibit "A" continued Description of a 0.077 acre tract THENCE South 66° 24' 49" West, with common southeast line of said 19.4894 acre tract and the northwest line of said Oakmont Drive, a distance of 94.80 feet to the POINT OF BEGINNING and containing 0.077 acre (3,357 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Round Rock, Texas. Temporary Easement for Construction Activities In addition, it is intended to create a fifteen (15) foot wide Temporary Easement for Construction Activities adjacent and parallel to the northwest line of the above-described Variable Width Right -of -Way Acquisition. This Temporary Easement for Construction Activities contains a computed area of 0.047 acre (2,058 square feet) of land. This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A-4872 attached hereto 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. Oel M. Flaherty, R.P.L.S. No. 5 04 The Wallace Group One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 TBPLS Firm No. 10051701 See attached Plat No. A-4872 23214-FN04.doc 11-24-2015 Date Page 2 of 3 EXHIBIT "A" (VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION) DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 0.077 ACRE (3,357 SQ. FT.) TRACT OF LAND IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS LOCATION MAP GEORGETOWN SITE ROUND ROCK CALLED 19.4894 ACRES PROPOSED R.O.W. 1 KDR EOUITIES, LLC DOC. NO. 201208050 N 3033'53' E O.P.R.W.C.T. 120.92' IV WIDE TEMPORARY EASEMENT FOR CONSTRUCTION ACTIVITIES (1047 ACRE (2,058 SO. FT.)� EPHRAIM EVANS SURVEY ABSTRACT NO. 212 C.LR.F. ORANGE STAMPED 1 2218' 2 FIELD NOTE `1 POINT OF 3 q R maN3 BEGINMNG rc LOT 2, BLOCK 'A' {� d CPG PARTNERS COMMERCIAL TRACT — O A REPLAT OF LOT 1A AND SA, 4 ow Z I BLOCK 'B', SECTION 4 AND A FINAL PLAT OF SECTION 6 a/ DOC. NO. 2014014737 c:I, O.P.RW.C.T. GENERAL NOTES. 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANT$ RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPUCABLE 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE. NAD83) WHICH IS BASED ON LDCA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. REMAINDER OF CALLED 76.27165 ACRES NOVAK WESTINGHOUSE. LP DOC. NO. 2DI4073967 O.P.R.W.C.T. S 2039'09' E 70.89' VARIABLE WIDTH RIGN7-OF-WAY ACOUIS 0.077 ACRE (3,357 SO. _5 19-557' E LEGEND SCALE, I" = 100' • = FOUND 1/2' IRON ROD WITH YELLOW CAP STAMPED "BURY PARTNERS' UNLESS OTHERWISE NOTED O - i/7' IRON ROD FOUND 0- SET 1/2' IRON ROD WITH CAP STAMPED "WALLACE GROUP' R.O.W. - RIGHT-OF-WAY O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY, TEXAS w THE WALLACE GROUP OF en97neers archl:ec:s su,veyOrs E T „ sT�••'Is rE•F-f- S A CPEY COMPANY ro '�;'i�O 9F WACO KII I FEN DALLAS ROUNDROCK ................................. TBPL510051701 1 Chisholm Trail, Suite 130, Round Rock Texas 78681 1 (512) 248-0065 TBPE F-54 DANIEL M. FLAHEAW ................................. q 5004 c+tr I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR 9'':°F °a..O 'I. •...Ess... 1 LAND SURVEYS IN THE STATE OF TEXAS. THE 2aTH DAY OF 2015. O 3UF�J� N SURVEYED: 11/13/2015 " (—DANIEL 11/23/2015 W. FLAHERTY, R.P.L.S. N0. 004 1 3 OF 3 �a 0 100' 200' PLAT NO. A-4872 DRAFT DATE 11/24/2015 DRAWN BY RDB SCALE WORK ORDER NO. 23214 FIELDBOOK 230 TAB $ A-4872 0 2015 ALL RIGHTS RESERVED DIGITAL FILE 23214R -PARCELS F/N # 23214-FN04 2.ES 01 a ) I tp