coryell county – us 190 acceptance of land donation … · september 10, 2009/1:20 p.m. coryell...

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September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders approve the acceptance of donations of 0.117 acres and 0.082 acres of land for a highway improvement project in Coryell County. Coryell County ROW CSJ: 0231-02-044 Parcels 39 and 40 US 190: From Lampasas/Coryell County line to east of Copperas Cove city limits Background The department has received a request to accept two donations of real property from Copperas Cove Economic Development Corporation. The donated land values are estimated at $4,077 and $2,858. Both parcels of land are needed for a highway improvement project. The requests comply with applicable state law and regulations, and therefore, the department recommends that the commission approve acceptance of these donations. Criteria None. Problem/Condition V.T.C.A., Government Code, Chapter 575, requires the commission to approve the acceptance of any tendered gift donation of $500 or more in value, and to record such approval and acceptance, together with the name of the donor, a description of the property donated, and the purpose of the gift, in the minutes of the governing board. Other Comments None. Alternate Solutions/Actions None. DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

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Page 1: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

September 10, 2009/1:20 p.m.

CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs)

Description

These minute orders approve the acceptance of donations of 0.117 acres and 0.082 acres of land for a highway improvement project in Coryell County. Coryell County ROW CSJ: 0231-02-044 Parcels 39 and 40 US 190: From Lampasas/Coryell County line to east of Copperas Cove city limits

Background

The department has received a request to accept two donations of real property from Copperas Cove Economic Development Corporation. The donated land values are estimated at $4,077 and $2,858. Both parcels of land are needed for a highway improvement project. The requests comply with applicable state law and regulations, and therefore, the department recommends that the commission approve acceptance of these donations.

Criteria

None. Problem/Condition

V.T.C.A., Government Code, Chapter 575, requires the commission to approve the acceptance of any tendered gift donation of $500 or more in value, and to record such approval and acceptance, together with the name of the donor, a description of the property donated, and the purpose of the gift, in the minutes of the governing board.

Other Comments

None. Alternate Solutions/Actions

None.

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 2: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

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Cover Page Exhibit 1 Page 1 of 1

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 3: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

TEXAS TRANSPORTATION COMMISSION

CORYELL County MINUTE ORDER Page 1 of 1 WACO District

In CORYELL COUNTY, on US 190 from the Lampasas/Coryell county line to east of the Copperas Cove city limit, the Texas Department of Transportation (department) is acquiring the right of way for a highway improvement project.

V.T.C.A., Transportation Code, §201.206, authorizes the department to accept donations of real property for the purpose of carrying out its functions and duties.

V.T.C.A., Government Code, Chapter 575, requires the Texas Transportation Commission (commission) to accept a gift or donation valued at $500 or more by majority vote at an open meeting.

Copperas Cove Economic Development Corporation (owner) is the owner of the property described in Exhibit A. The owner wants to donate this property, estimated at $4,077, to the department for construction of a highway improvement project.

The owner is not subject to department regulations or oversight, or interested in or likely to become interested in a contract, purchase, payment, or claim with or against the department.

A donation agreement has been executed by the owner and tendered to the department for acceptance under Title 43, Texas Administrative Code, §1.504.

IT IS THEREFORE ORDERED by the commission that (1) the commission has determined that acceptance of this donation would provide a significant public benefit, and would not influence or reasonably appear to influence the department in the performance of its duties, and (2) the executive director is hereby authorized to accept the donation of real property, as described in Exhibit A, and the executive director or the director’s designee is authorized and directed to sign and execute a donation agreement with the owner, in accordance with Title 43, TAC, §1.504.

Submitted and reviewed by: Recommended by: Director, Right of Way Division Executive Director Minute Date Number Passed

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 4: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

Page 1 of6 May 19, 2008

County: Coryell Highway: US 190 Limits: From Lampasas-Coryell County Line

To east of Copperas Cove City Limits ROW CSJ: 0231-02-044 ROW Account No.; 8009-01-098

Property Description Parcel 39

BEING 0.117 OF ONE ACRE OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., OUT OF THE WM. P. HARDEMAN SURVEY, ABSTRACT NO. 454, IN CORYELL COUNTY, TEXAS AND BEING PART OF A CALLED 12.87 ACRE TRACT OF LAND DESCRIBED IN DEED WITHOUT WARRANTY TO COPPERAS COVE ECONOMIC DEVELOPMENT CORPORATION RECORDED IN DOCUMENT NUMBER 190990 OF THE COUNTY CLERK OF CORYELL COUNTY, TEXAS; AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THREE PARTS AS FOLLOWS:

PART 1

COMMENCING at a found 1/2" iron rod with an aluminum cap stamped "M & ASSOC" at the southwest corner of said 12.87 acres and an angle point in the interior of a remainder of a called 165 acre tract of land described in deed to the United States of America recorded in Volume 146, Page 410 of the Deed Records of Coryell County, Texas;

THENCE South 55°18'15" East 382.60 feet with the south line of said 12.87 acres to a found iron rod with cap stamped "LCI" in the proposed north right-of-way line of U.S. Highway 190 (US 190) for the POINT OF BEGINNING and the BEGINNING of an Access Denial Line;

1. THENCE 68.84 feet along a curve to the left having a radius of 3245.00 feet, a delta angle of 01°12'56", and chord bears North 48°54'21" East 68.84 feet through said 12.87 acres with the proposed north right-of-way line of US 190 and the Access Denial Line to a found iron rod with cap stamped "LCI" in the east line of said 12.87 acres and the END of the Access Denial Line:

2. THENCE South 33°48'45" West 66.73 feet with the east line of said 12.87 to a found 3/8" iron rod at the southeast corner of said 12.87 acres;

3. THENCE North 55°18'15" West 17.92 feet with the south line of said 12.87 acres to the POINT OF BEGINNING.

This parcel contains 0.014 of one acre, more or less, out of the Wm. P. Hardeman Survey, Abstract No. 454 in Coryell County, Texas.

Minute Order Exhibit A Page 1 of 6

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 5: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

Page 2 of6

PART 2

COMMENCING at a found 1/2" iron rod with an aluminum cap in the south line of Old Copperas Cove Road at an angle point in the north line of said 12.87 acres and an angle point in the interior of a remainder of a called 165 acre tract of land described in deed to the United States of America recorded in Volume 146, Page 410 of the Deed Records of Coryell County, Texas;

THENCE South 88°33'21" East 367.71 feet with the north line of said 12.87 acres and the south line of Old Copperas Cove Road to a found 3/8" iron rod with cap stamped liM & ASSOC" at the northeast corner of said 12.87 acres;

THENCE South 20°16'13" West 208.16 feet with the east line of said 12.87 acres to a set 5/8" iron rod with a Texas Department of Transportation (TxDOT) aluminum cap in the proposed north right-of-way line of U.S. Highway 190 (US 190) for the POINT OF BEGINNING;

1. THENCE South 20°16'13" West 233.02 feet with the east line of said 12.87 acres to a found 3/8" iron rod with cap stamped liM & ASSOC";

2. THENCE South 33°48'45" West 128.50 feet with the east line of said 12.87 acres to a set 5/8" iron rod with TxDOT aluminum cap in the proposed north right-of-way line of US 190 and the BEGINNING of an Access Denial Line;

3. THENCE North 25°04'32" East 359.20 feet through said 12.87 acres with the proposed north right-of-way line of US 190 and the Access Denial Line to the POINT OF BEGINNING and the END of the Access Denial Line.

This parcel contains 0.081 of one acre, more or less, out of the Wm. P. Hardeman Survey, Abstract No. 454 in Coryell County, Texas.

PART 3

COMMENCING at a found 1/2" iron rod with an aluminum cap in the south line of Old Copperas Cove Road at an angle point in the north line of said 12.87 acres and an angle point in the interior of a remainder of a called 165 acre tract of land described in deed to the United States of America recorded in Volume 146, Page 410 of the Deed Records of Coryell County, Texas;

THENCE South 88°33'21" East 330.77 feet with the north line of said 12.87 acres and the south line of Old Copperas Cove Road to a set 5/8" iron rod with a Texas Department of Transportation (TxDOT) aluminum cap in the proposed north right-of-way line of U.S. Highway 190 (US 190) for the POINT OF BEGINNING;

1. THENCE South 88°33'21" East 36.94 feet with the north line of said 12.87 acres to a found 3/8" iron rod with cap stamped liM & ASSOC" at the northeast corner of said 12.87 acres;

Minute Order Exhibit A Page 2 of 6

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 6: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

Page 3 of6

2. THENCE South 20°16'13" West 54.48 feet with the east line of said 12.87 acres to a found iron rod with cap stamped "LCI" in the proposed north right-of-way line of US 190 and the BEGINNING of an Access Denial Line;

3. THENCE North 19°07'44" West 55.08 feet through said 12.87 acres with the proposed north right-of-way line of US 190 and the Access Denial Line to the POINT OF BEGINNING and the END of the Access Denial Line.

This parcel contains 0.022 of one acre, more or less, out of the Wm. P. Hardeman Survey, Abstract No. 454 in Coryell County, Texas.

ACREAGE SUMMARY

0.014 ACRES PART 1 0.081 ACRES PART 2 0.022 ACRES PART 3 0.117 ACRES TOTAL

All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 Datum and adjusted to the surface by project surface adjustment factor of 1.00012.

Access is prohibited across the "Access Denial Line" to highway facility from the remainder of the abutting property.

A plat of even survey date herewith accompanies this property description.

Minute Order Exhibit A Page 3 of 6

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 7: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

PT

UNITED STATES OF AMERICA

(165) 146/410

SURVEY

..

WM. P. HARDEMAN1 ABSTRACT NO. 454

COPPERAS COVE ECONOMIC SCALE IN FEETDEVELOPMENT CORPORATION (12.8.7 ACRES)

100 50 0 100190990

POB PAR 39 PT 1 Sta 222+31.94 160.00' LT. BEGIN ACCESS

ACCESS

Z"lCI PR~~~~~DU~OEW «J,~ CB ...: -J "'~~...r.:- ­~~ '66 73·dZ!.~Sia 223+04.17

DENIAL LINE

U'•• J/B' •.• 45"W 160.00' LT. ~ 1533 48 END ACCESS DENIAL LINE

, L PARCEL 39 DATAPART 1

NO. C8

NOTES:SURVEY LEGEND ALL BEARINGS ARE BASED ON THE TEXAS STATE PlANE COORDINATE S'ISTEW. CENmAL. ZONE. WITH ALL DISTANCES AND COORDINATES BEING HAD 8.J DATUM AND ADJusrro TO THE SURFACE BY PROJECT SURFACE FACTOR OF 1.00012.o = lYPE II ~ONU~ENT SET

• = lYPE II ~ONUMENT FOUND ACCESS IS PROHIBITED ACROSS THE -ACCESS DENIAL UN~ TO THE HIGHWAY o = 5/S' IRON ROD SET FACIUTY FROM THE REMAINDER OF THE ABUTTING PROPERTY.

W/ "hDOT' CAP UNLESS NOTED PROPERTY DESCRJPnON WITH SANE DATE WAS PREPARED WITH THIS PLAT.

• = 1/2' IRON ROD FOUND UNLESS NOTED @ = IRON PIPE FOUND I HEREBY CERnFY THAT THIS SURVEY WAS ftlADE ON THE GROUND UNDER 6. = CALCULATED POINT MY DIRECnON AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT It = PROPERlY LINE TO THE BEST OF MY KNOWlEDGE AND BELJEF. ct = CENTER LINE

( ) = RECORD INFORMATION ~JN.~ ~Tllr/~~)P.C. = POINT OF CURVATURE P.T. = POINT OF TANGENT David R. Hartman

P.O.B, = POINT OF BEGINNING RelJistered Profll8llional Land Surveyor. No. 5264. State of Texas P.O,C. = POINT OF COMMENCEMENT

~ = ACCESS DENIAL LINE

LANDESIGN SERVICES, INC.

PARCEL 39 PART 1 ACRES 0.014 HIGHWAY: US 190 COUNTY: CORYELL .512-238-7901

555 ROUND ROCK WES'!' DR.ROW CSJ: 0231-02-044 DATE: 05/19/08 BUILDING D, SUITE 170

ROUND ROCK, '!'EXAS 78681SCALE: 1" == 100' SHEET 4 of 6 PROJECT NAME: US 190 BYPASS JOB NUIolBER: 07-07-036

Minute Order Exhibit A Page 4 of 6

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 8: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

, \ \

PAR 39 SCALE IN FEET ~

\

\, \

100 50 o ~\

\\ COPPERAS COVE ECONOMIC DEVELOPMENT CORPORATION \\,

(12.87 ACRES) 190990 ­ ~'.. \Sic 236+3,1.75

288.29 LT. P.O.B. PAR 9 PART 2

Sic' 232+46. 11 BEGIN ACCESS DENIAL LINE ~ k \

. 262.27' LT. .. ' ROW ~SOc '.

ACCESS DENIAL LINE N25'04'32"E 359.20' PROP. . . Cto \ ACCESS DENIAL LINE

233.02

' .. ~ \S20'\6'\3"Vj 0 45~ __ -,­SJJ"48'45"W

128.50' \ PARCEL 39 PART 2 BsTRACT N_'_ -- - - \ ~ " A .'" - - -- RVE ,

UNITED STATES OF AMERICA ~~ N SURV~Y\ - -~ NI'I~TT sH a \ (165) ~RDEMA__ -- - C. G. BE " NO. 168 "

146/410 WM._~· ---- \ ABSTRACT___ \ C

_-- - - -- - K SURVEY cD \ UNITED STATES OF AMERICA -- - HALLMAR U) SECOND TRACT (19 AC.)

RICHARD T NO. 466 ; " 145/596 ABSTRAC .~ \

t ­u. S. Hl[OHWAY 190 a... \

'N 26' 45' 03.88" E ---+t-----t-----t ­-I----I----f----f-- ­ - -- - \' PROPOSED CENTERLINE

235+00 >- \W

NOT£S:SURVEY LEGEND ALL BEARINGS ARE BASED ON THE TEXAS STAT£: PLANE COORDINATE S'ISTEM. CENTRAL ZONE. wrTH ALL DISTANCES AND COORDINATES BEJNG HAD 83 DATU'" AND ADJUSTED ro THE SURFACE 8Y PROJECT SURFACE FACTOR OF 1.00012.o = TYPE II MONUMENT SET

• = TYPE II MONUMENT FOUND ACCESS IS PROHI8IT£:D ACROSS THE -ACCESS DENIAL UNe ro THE HIGHWAY o = 5/B" IRON ROD SET FACIUTY FRO'" THE REMAINDER OF THE ABUTTING PROPenY.

W/ "TxDOT" CAP UNLESS NOTED PROP£1ffY DESCRIPTION wrTH SANE DAT£: WAS PREPARED wrTH THIS PLAT.

• = 1/2" IRON ROD FOUND UNLESS NOTED @ = IRON PIPE FOUND I HERDJ'f CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER A = CALCULATED POINT MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT IE = PROPERTY LINE ro ~ BEST OF MY KNOWlEDGE AND BruEF. 't = CENTER LINE

( ) = RECORD INFORMATION ~~I< bh-;:i;. ')1/.,/0 0 P.C. = POINT OF CURVATURE P.T. = POINT OF TANGENT David R. Hartman

P.O.B. = POINT OF BEGINNING RegisteFlld P lonol Land Surveyor, No. 5264. State of Texas P.O,C. = POINT OF COMMENCEMENT

~ = ACCESS DENIAL LINE

LANDESIGN SERVICES, INC.

PARCEL. 39 PART 2 ACRES 0.081 HIGHWAY: US 190 COUNTY: CORYELL 512-238-7901

555 ROUND ROCK WEST DR.ROW CSJ: 0231-02-044 DATE: 05/19/08 BUILDING D, SUI'l'E 170

SCALE: 1" = 100' SHEET 5 of 6 ROUND ROCE:, 'l'EXAS 78681

PROJECT NAME: US 190 BYPASS JOB NUMBER: 07-07-036

Minute Order Exhibit A Page 5 of 6

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 9: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

100 o50

SCALE IN FEET

COPPERAS COVE ECONOMIC DEVELOPMENT CORPORATION

.- " I I

I I

I I I

P:O.C. PA.R 39 PART 3 6 U"N'11ED'·S.TATES ?\' I

I" . ~;i!'OF.cAMERICA . 0

.:.{~~6,~)- 1}.E/4 10 d COPPERAS COVE ECONOMIC DEVELOPMENT CORPORATIOI'l (13.97 ACRES)\ ,­(12.87 ACRES) 190990

190990 I . . -.:. ~ t9

. I :e. .. ' -";, .:", itn

. .- -------_.- Sta 238+22.80\,I

I";jd' .

345.18' LT. tJ P.O.B. PAR 39 PART 3 I •

END ACCESS DENIAL LINE II ,,-~e, ~~ . . I.

GOo'. V "~ . '\fl I ~ ~'v, l><l>< ,.,(jl I .

• ~.. . <::J~-<£'.01 0'0 ':G ~ I . S20'16"3''W 386.70' _\.~~ ~~. '\0 tJl. I

~>:----------=::"":"'::""':":''''::'''''':=-::':'''::'''''_---_'''':''"~'-~~-4 ~ '" ~., M de ASS . Sta 237+84.;45/'l'l 54.48' ~;).

C CA 305.64 LT. " 4"GS20'16'13''w ~. I , ~ BEGIN ACCESS DENIAlJ-L1NE /$': is-J'C' !

(3 .-, PARCEL .39 PART .3' .~ \ U. S. HIGHWAY 190

. VIM. r!it'~/XRDtj.,fAN SURVEY ABSTFJ.!'~f--!lQ,- 45<~_~ __------..--- ­__ - - -'. -J-- - - -T --'. ' ...-:::i;ABSTRACT NO. 1680 RiCHARD ALLMiRK SURVE'r1, C. G. BENto}:.ETT ~;.u.~y,~.r.-' ""~\ ".. ABSTRA NO. 466 I , ,-5~'.,-' I

~. I UNITED STATES.~~-OF·"AMERICA !' UNITED STATES OF AMERICA SECONB-=-YRACT fl9 AC.) \ (127.00 AC.)

145/59&-' \ 147/271 =:.=-'_' I

NOTES:SURVEY LEGEND All BEARINGS ARE BASED ON mE TEXAS STATE PLANE COORDINATE SYSTO/. CENTRAL ZONE. WfTH All DISTANCES AND COORDINATES BEING NAD 8.3 DATUM AND ADJUSTED TO mE SURFACE BY PROJECT SURFACE FACTOR OF 1,00012.o = TYPE II MONUMENT SET

• = TYPE II MONUMENT FOUND ACCESS IS PROHIBITED ACROSS mE -ACCESS DENIAL UNE- TO mE HIGHWAY o = 5/8' IRON ROO SET FACIUTY FROM mE REAAAlNDER OF mE ABUTnNG PROPERTY.

w/ 'i,DOT' CAP UNLESS NOTED PROPERTY DESCRIPTION WfTH SAME DATE WAS PREPARED W1TH mls PLAT.

• = 1/2' IRON ROD FOUND UNLESS NOTED

@ = IRON PIPE FOUND I HEREBY CERTIFY THAT mls SURVEY WAS MADE ON mE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT mls PLAT IS TRUE AND CORRECT

D. = CALCULATED POINT TO .?lE BEST OF MY KNOWLEDGE AND BruEF.IE = PROPERTY LINE

<t. = CENTER LINE ( ) = RECORD INFORMATION <Y~!< ~ 51/f /t),.0 P.C. = POINT OF CURVATURE

David R. HartmanP.T. = POINT OF TANGENT

Registered Professional Land Surveyor. No. 526-4. State of TexasP.O.B. = POINT OF BEGINNING

P.O.C. = POINT OF COMMENCEMENT

~ = ACCESS DENIAL LINE LANDESIGN

SERVICES, INC. PARCEL 39 PART 3 ACRES 0,022

HIGHWAY: US 190 COUNTY: CORYELL 512-238-7901 555 ROUND ROCK WEST DR.ROW CSJ:0231-02-044 DATE: 05/19/08 BUILDING D. SUITE 170

SCALE: 1" = 100' SHEET 6 of 6 ROUND ROCK, TEXAS 78681

PROJECT NAME: US 190 BYPASS JOB NUMBER:07-07-036

Minute Order Exhibit A Page 6 of 6

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 10: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

TEXAS TRANSPORTATION COMMISSION

CORYELL County MINUTE ORDER Page 1 of 1 WACO District

In CORYELL COUNTY, on US 190 from the Lampasas/Coryell county line to east of the Copperas Cove city limit, the Texas Department of Transportation (department) is acquiring the right of way for a highway improvement project.

V.T.C.A., Transportation Code, §201.206, authorizes the department to accept donations of real property for the purpose of carrying out its functions and duties.

V.T.C.A., Government Code, Chapter 575, requires the Texas Transportation Commission (commission) to accept a gift or donation valued at $500 or more by majority vote at an open meeting.

Copperas Cove Economic Development Corporation (owner) is the owner of the property described in Exhibit A. The owner wants to donate this property, estimated at $2,858, to the department for construction of a highway improvement project.

The owner is not subject to department regulations or oversight, or interested in or likely to become interested in a contract, purchase, payment, or claim with or against the department.

A donation agreement has been executed by the owner and tendered to the department for acceptance under Title 43, Texas Administrative Code, §1.504.

IT IS THEREFORE ORDERED by the commission that (1) the commission has determined that acceptance of this donation would provide a significant public benefit, and would not influence or reasonably appear to influence the department in the performance of its duties, and (2) the executive director is hereby authorized to accept the donation of real property, as described in Exhibit A, and the executive director or the director’s designee is authorized and directed to sign and execute a donation agreement with the owner, in accordance with Title 43, TAC, §1.504.

Submitted and reviewed by: Recommended by: Director, Right of Way Division Executive Director Minute Date Number Passed

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 11: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

Page 1 of3 May 19, 2008

County: Coryell Highway: US 190 Limits: From Lampasas-Coryell County Line

To east of Copperas Cove City Limits ROW CSJ: 0231-02-044 ROW Account No.; 8009-01-098

Property Description Parcel 40

BEING 0.082 OF ONE ACRE OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., OUT OF THE WM. P. HARDEMAN SURVEY, ABSTRACT NO. 454, IN CORYELL COUNTY, TEXAS AND BEING PART OF A CALLED 13.97 ACRE TRACT OF LAND DESCRIBED IN DEED WITHOUT WARRANTY TO COPPERAS COVE ECONOMIC DEVELOPMENT CORPORATION RECORDED IN DOCUMENT NUMBER 190990 OF THE COUNTY CLERK OF CORYELL COUNTY, TEXAS; AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

COMMENCING at a found 1/2" iron rod with an aluminum cap in the south line of said 13.97 acres, an angle point in the interior of a remainder of a called 127 acre tract of land described in deed to the United States of America recorded in Volume 147, Page 270 of the Deed Records of Cc)ryell County, Texas, and the north right-of-way line of Old Copperas Cove Road;

. THENCE South 82°27'47" East 307.43 feet with the south line of said 13.97 acres and the north right-of-way line of Old Coppers Cove Road to a found iron rod with cap stamped "LCI" in the proposed north right-of-way line of U.S. Highway 190 (US 190) for the POINT OF BEGINNING;

(1) THENCE North 23°19'31" East 46.88 feet through said 13.97 acres with the proposed north right-of-way line of US 190 to a set Type II monument at the BEGINNING of an Access Denial Line:

(2) THENCE North 61 °47'20" East 76.23 feet through said 13.97 acres with the proposed north right-of-way line of US 190 and the Access Denial Line to a set5/8" iron rod with a Texas Department of Transportation (TxDOT) aluminum cap in the east line of said 13.97 acres and the END of the Access Denial Line;

(3) THENCE South 20°14'20" West 91.90 feet with the east line of said 13.97 acres to a found 3/8" iron rod with cap stamped" M & Assoc" in the north right-of-way line of Old Copperas Cove Road for the southeast corner of said 13.97 acres;

(4) THENCE North 82°27'47" West 54.41 feet with the south line of said 13.97 acres and the north line of Old Copperas Cove Road to the POINT OF BEGINNING.

This parcel contains 0.082 of one acre, more or less, out of the Wm. P. Hardeman Survey, Abstract No. 454 in Coryell County, Texas.

Minute Order Exhibit A Page 1 of 3

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 12: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

Page 2 of3

All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 Datum and adjusted to the surface by project surface adjustment factor of 1.00012.

Access is prohibited across the "Access Denial Line" to highway facility from the remainder of the abutting property.

A plat of even survey date herewith accompanies this property description.

Minute Order Exhibit A Page 2 of 3

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION

Page 13: CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION … · September 10, 2009/1:20 p.m. CORYELL COUNTY – US 190 ACCEPTANCE OF LAND DONATION (2 MOs) Description These minute orders

100

FEET

ECONOMIC CORPORATION

40

LT. COPPERAS COVE ECONOMIC DEVELOPMENT CORPORATION

ROW (13.97 ACRES) Sto 240+23.98 190990 384.02' LT.

100 50 o

PAR 40

POB PARSto 239+77.18381.22'

46.88'N23'19'31"EPROPOSED

BEGIN ACCESS DENIAL LINE \' O¢j -'tee \ ~ A. }~( ~ss Sto 240+86.39

04 0 'Y6' 6' ( 340.26' LT.i 'C1> ,. '<:>,1-11", END ACCESS DENIAL LINE I ~ N PAR "1;>, v <:COPPERAS COVE . ~ lJ't.i <0"

DEVELOPMENT I 'r- -l"...:. ~ y\, 0 .~; 40 SURVE

(12.87 ACRES) ~.~ .~. S20'14'2~"W P HARDEMAN 454 _­190990 \ & 91.90 WM.· TRACT NO. - --y I, $ ABS _--- URVE

UNITED STATES . \. '11 _ - - c,- BENNETT S1680 .. OF AMERICA ,~_--- C. . ACT NO.

(165) 146/410 ~ _ i ~ - - ' ABSTR _ --- ~ - 'v \' UNITED STATES OF AMERICA

_'- - " (127 AC.) " 147/270 -\ \

\UNITED STATES G.f AMERICA \

SECOND TRAcT': (19 AC.) , lUo So JHillGHWAY 190145/596 I \,

N 26' 45' 03.88" E \----f-----f----:=-f-:---T--+----f-----f-----f--- ­

PROPOSED CENTERLINE 240+00 243+00 \. \

NOTES:SURVEY LEGEND ALL BEARINGS ARE BASED ON THE TEXAS STATE PI..ANE COORDINATE SYSTEM. CENTRAL ZONE. WITH ALL DISTANCES AND COORDINATES BEING HAD 83 DATUM AND ADJUSTED 10 THE SURFACE EJY PROJECT SURFACE FACTOR OF 1.00012.o = lYPE II MONUMENT SET

• = lYPE II MONUMENT FOUND ACCESS IS PROHIBlTED ACROSS THE -ACCESS OCNIAL UN~ 10 THE HIGHWAY o = 5/B" IRON ROD SET FACILJrY FROM THE REAIAINDER OF THE ABUITING PROPEHTY.

W/ "TxDOT" CAP UNLESS NOTED PROPERTY DESCRIPTION WITH SAME DATE WAS PREPARfD WITH THIS PLAT.

• = 1/2" IRON ROD FOUND UNLESS NOTED @ = IRON PIPE FOUND I HER£BY CERTIFY THAT THIS SURVEY WAS AlADE ON THE GROUND UNDER 6. = CALCULATED POINT MY DIRECTION AND SUP£RVISION AND THAT THIS PLAT IS TRUE AND CORRECT Ie = PROPERlY LINE <t = CENTER LINE

( ) = RECORD INFORMATION TO~:;;~-7~/{Je> P.C. = POINT OF CURVATURE P.T, = POINT OF TANGENT David R. Hartman

P.O.B. = POINT OF BEGINNING Registered Professional Land Surveyor. No. 5264. State of Texas P.O.C. = POINT OF COMMENCEMENT

~ = ACCESS DEN~L LINE

LANDESIGN SERVICES, INC.

PARCEL 40 ACRES 0.082 HIGHWAY: US 190 COUNTY: CORYELL 512-238-7901

555 ROUND ROCK WES'l' DR.ROW CSJ:0231-02-044 DATE: 05/19/08 BUILDING D. SUI'l'E 170 ROUND I~OCK. 'l'EXi\S 78681SCALE: 1" = 100' SHEET 3 of 3

PROJECT NAME: US 190 BYPASS JOB NUMBER:07-07-036

Minute Order Exhibit A Page 3 of 3

DRAFT MINUTE ORDERS SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION