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R-04-12-16-14F2 - 12/16/2004 RESOLUTION NO. R-04-12-16-14F2 WHEREAS, Texas Crushed stone ("TCS") and Georgetown Railroad ( "GRR") have previously entered an agreement whereby certain property owned by TCS and GRR would be designated an Industrial District, and WHEREAS, in consideration for the extension of the term of the Industrial District to December 31, 2005, TCS and GRR have agreed to (1) grant the City a temporary easement comprising 4 .273 acres for use of adjacent land during wastewater line construction on land of wastewater line easement from TCS [Parcel 1] ; (2) enter into a pipeline license agreement between the City and GRR [Parcel 21 ; (3) grant the City a wastewater line easement comprising 1. 294 acres [Parcel 5] ; (4) grant the City a temporary easement comprising 3 . 88 acres adjacent to the said 1 . 294 acre wastewater line easement [Parcel 5] ; (5) grant the City a wastewater line easement comprising 0 . 757 acres [Parcel 61 ; and (6) grant the City a temporary easement comprising 1 . 99 acres adjacent to the said 0 . 757 acre wastewater line easement [Parcel 61 , and WHEREAS, the Council wishes to approve the extension of the Industrial District, 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 Fifth Agreement Extending Industrial District, a copy of same being attached hereto as Exhibit "A" 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 @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41216F2.WPD/Sc 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. RESOLVED this 16th day of December 0 eA NY WELL, Ma or ART: City of Round Rock, Texas A E T: PJ*ab;M )P- CHRISTINE R. MARTINEZ, City Secretar 2 EXHIBIT All FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT This Fifth Agreement Extending Industrial District ( " this Agreement" ) is made and dated effective this 15th day of December, 2004 by and among the City of Round Rock, Texas ("City" ) , Texas Crushed Stone ( "TCS" ) and Georgetown Railroad Company, Inc . ( "GRR" ) , and is as follows : RECITALS WHEREAS, heretofore, the City entered into an agreement with the Westinghouse Electric Corporation, ( "Westinghouse Agreement" ) such agreement having been executed on the 11th and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and Whereas, the Westinghouse Agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art . 970a. , V.A.T.S. (now codified in §42 . 044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, TCS and GRR purchased on June 30, 1982 , a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the property" and WHEREAS, TCS, GRR AND THE City extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ( 111985 Contract" ) , dated February 14 , 1985 and recorded in Volume 1162 , Page 406 of the Official Records of Williamson County, Texas, and corrected by a Memorandum of Correction dated May 23 , 1985 and recorded in Vol . 1190, Page 622 of the official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that on certain Second Contract and Agreement Extending Industrial District ( 111988 Contract" ) , dated May 31, 1988 and recorded in Vol . 1720, Page 289 of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ( 111995 Contract" ) , dated May 25, 1995 , and recorded as Document No. 9542043 of the Official Records of Williamson County, Texas, and FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 1 WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ("2002 Contract") , dated June 13 2002, and recorded as Document No. 2002046115 of the Official Records of Williamson County, Texas, and WHEREAS TCS, GRR and the City now wish to further extend the Industrial District status previously granted, Now Therefore, IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS: I . The City is in need of: 1) Temporary construction easement from Texas Crushed Stone Company of 4 .273 acres [involving Parcel 1] ; 2) Pipeline license agreement with Georgetown Railroad Company for a wastewater line across the Georgetown Railroad Company right of way [involving Parcel 2] ; 3) Permanent wastewater line easement from Georgetown Railroad Company of 1 .294 acres [involving Parcel 5] ; 4) Temporary construction easement from Georgetown Railroad Company of 3. 88 acres adjacent to the 1.294 acre permanent wastewater line easement [involving Parcel 5] ; 5) Permanent wastewater line easement from Georgetown Railroad Company of 0.757 acres [involving Parcel 6] ; 6) Temporary construction easement from Georgetown Railroad Company of 1. 99 acres adjacent to the 0.757 acre permanent wastewater line easement [involving Parcel 6] . II . For and in consideration of TCS and GRR granting and conveying the above listed easements and the pipeline crossing license agreement to the City of Round Rock, the City hereby grants an extension from December 31, 2004 to December 31, 2005 of the Industrial District status previously granted Westinghouse and extended pursuant to the 1985 Contract, the 1988 Contract, the 1995 Contract and the 2002 Contract. The Industrial District status shall apply to the property described in Exhibit A which is attached hereto and made a part hereof as if set out in full herein. III . Except as otherwise stated herein, TCS and GRR agree that upon the expiration of this Agreement and when requested by the City, they will file with the City a written petition and request for annexation of the property described hereinabove not previously annexed. IV. TCS and GRR further agree that should they develop or sell for FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 2 development all or any part of the Property, such portion developed or sold for development shall be subject to immediate annexation and the owner of the property shall petition the City for immediate annexation. So long as the property is a part of the Industrial District and being used as herein below defined, there shall be no taxes due to the City. It is further agreed that the owner of any portions of the Industrial District sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or the beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll-back taxes had that portion of the property been annexed into the City on the date of the sale of the property to be developed or the date that development was begun. As used herein, the term "develop" shall mean putting the property to any use except agricultural, limestone mining, railroad transportation use and related activities . V. As an additional assurance to the City that the property shall be annexed when sold for development, developed or at the expiration of this extension, in addition to the petition referenced above, TCS and GRR herein request annexation by the City in this contractual agreement, with the condition precedent to such request that it is not to be acted upon prior to the property or portion thereof being sold for development, or developed or prior to December 31, 2005 . In the event, for any reason, the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement . VI . The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the property. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 3 existing City Council and under which appropriate jurisdiction is had for the matters contained herein. VII . The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas . VIII . If any word, phrase, clause, paragraph, sentence, part, portion or provision of this contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the contract shall nevertheless be valid and TCS, GRR and City hereby declare that this contract would have been entered into and enacted with such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions not included. EXECUTED in multiple originals on the dates indicated below. Date : ATTEST: CITY OF ROUND ROCK By: By: CHRISTINE R. MARTINEZ, NYLE MAXWELL, Mayor City Secretary Date : ATTEST: TEXAS CRUSHED STONE COMPANY By: By: C. W. Fraser, Secretary W.B. Snead, President FIFTH AGREEMENT EX'T'ENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 4 Date : ATTEST: GEORGETOWN RAILROAD COMPANY, INC. By: By: C.W. Fraser, Secretary W.B. Snead, Chairman of the Board STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me this day of 2004 , by Nyle Maxwell, Mayor of the City of Round Rock, Williamson County, Texas . Notary Public, State of Texas Printed name : My Commission Expires : STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me this day of 2004 , by W.B. Snead, President of Texas Crushed Stone Company, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas Printed name: FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 5 STATE OF TEXAS § COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of 2004 , by W.B. Snead, Chairman of the Board of Georgetown Railroad Company, Inc. , a Texas railroad corporation, on behalf of said corporation. Notary Public, State of Texas Printed name: My Commission Expires : 5'INDUSTRIAL DISTRICT 1 yr ext WP9 DISK 702(02-086)(DRAFT 1 DEC 2004) FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 6 Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract -IIA consisting of 260.39 acres. EXHIBIT 'A' TRACT IA Field notes describing 875,68 acres of land ! Evans League (Abstract 212) and the D. ' County, Texas said tract beinga Curr in the Ephraim tract that was conveyed b p°rtion of Survey in Williamson Lamoc Corporation to WestinghouseDeted ed the 1,036. 15 acre recorded in the Williamson Westi County Deed Reco2d, 1971 from page 80, and all of the Corporation and 526. 60 acre tract that WaJVolume 538, by deed dated October 18, 1971 from Leon g, conveyed recd D. Behrens to Westinghouse Electric Corporation and recorded in the Uilliamson County Deed Records in and Wife page 767 and being more articularl in Volume 540, p y described as follows; BEGINNING at an iron pin set for the the tract herein described, said southeastscutheast coornrof the southeast corner of the above said conveyed to Westinghouse Electric Corporatioll sand tract being west right-of-way line of the Georgetown Railroad; in the THENCE along the average line of a fence foline of the tract herein described the followingrcourses;uth (1) South 85' 54' 42" West a distance of 835. 47 feet to an iron pin found; (2) South 69' 28' 14" West a distance of 884 . 18 feet to a cedar post found; (3) South 75' 10' 48" West a distance of a cedar post found; 88. 43 Feet to (4) South 68. creosote post found; 59' 10" West a distance of 2, 355. 65 feet to a (5) South 70' 38' 31" West a distance of 119. 60 feet . to a creosote post found, (6) South 68' 46' 58" West a distance of 1, 697 . 08 feet to an iron pin found, (7) South 77' 49' 02" West a distance of 78 an iron pin found; . 40 feet to (8) South 68' 02 ' 17" West a distance of 1, 596. 96 feet to an iron pin found; (9) South 69. 01, 04" West a distance of 1 ,080. 90 [o an iron pin set' for the southwest feet corner of tract herein described; the THENCE along the average line of a fence of the tract herein described the following fe for the west line rth COUrses ; ( 1) N� 20' 58' 25" we to an i=on pin se: ; " discar.ce of 2, 698. 13 feet ( 2) North 67' 45' 45" La,, a a: an iron pin se:; G'Scance of 173 . 70 feet to ' (3) North 21' 00' 01" Nest a distance of 1 to a 30d nail found and replaced with an19. 02 feet for the northwest corner of the tract hereinndescribed; THENCE along the north line of the tract herein described the following courses; (1) North 70' 15' 54" East a distance of 492. 06 feet to a 30d nail found and replaced with an iron pin; (2) 652. 77 feet along a curve to the riht chord of 652.44 feet bearing North 7g3* having9" and a radius of 5,829.58 feet to a nail in rockEast found; (3) North 76' 44' 56" East a distance of 7 ,502. 43 feet to a 30d nail found and replaced with an iron pin; Z (4) 613. 26 feet along a curve to the right having a chord . of 612. 99 feet bearing North 79' radius of 5,82 41' 43" East and a 9. 58 feet to a 30d nail found and replaced with an iron pin; (5) North 76' 48' 34" East a distance of 310. 48 feet to a 30d nail found and replaced with an iron pin; (6) 224. 69 feet along a curve to the right having a chord of 224.68 feet bearing North 86' 46' 27" East and a radius of 5,863. 58 feet to a 30d nail and replaced with all iron pin; found (7) North 87' 57' 18" East a distance of 124 . 22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right-of- way of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of the Georgetown Railroad, the following courses ; (1) South 0' 43'47 " East a distance of a 30d nail -in a railroad tie found907. 61 feet to ; (2) South 0' 52' 37" East a distance of 2 , 847 . 16 feet to the Point of Beginning and containing 875. 68 acres. more or less. 1 . Jerry Brooks Hale, a REGISTEF.EO PUBLIC SURVC-YOR do hereby certify that these field notes represent the res the-ground survey made under my direction on thults of an on- e 29th day of June, 1932. JERRY BR-0,S 11�t; ;1 f�j '•/ ;�� /s erry Zwoks Pe9 ed Public Surveyor No. 2154 pagm 3o_ TRACT IIA Field notes describing 260.39 acres inhraim Evans llilliamson Counte (Abstract 212 he land in the Y, Texas: and the D. Curry Survey of the 153. 014 acre tract conveyed bract bean 1971 from Raymond Pearson and Y deed D. Pe Portion to� Westinghouse Electric Corporationeandlre Williamson Count Gladys D. Pearson to y Deed Records in Volume in the by and a portion of the 1.036.15 acre tract 537, page 93, Electricead dated July Corporation3andgrec that was l from Lamoc Cor conveyed Deed Records in VoZ recorded in the William to Westinghouse acre tract ume 538, page 80, and alllofmson County 1971 from Robert L. conveyed by deed dated Septemberthe 20,and Carl W. Burnette Individualltee, and Robert L. Corporation and recorded y to Westinghouse Electric Records in Volume in the Nilliamson Count D tract that was conveyed Page 68' and all of y Deed Marvin H. Parker and Wifey deed dated the 21971 acre Electric Corporation and recorded. P August 3, ting from Deed Records in Volume 449 Parker to Westinghouse acre tract that was conve ed the Williamson County page 391, and all of the 17.93 1971 from Leon E Y by decd dated October 18, Westinghouse ElectrBicrCorporatens and ione$nanie D. Williamson Covnty Deed orporat in Vol Behrens to recorded in the and being more particularl- Volume 540, page 767 y described as follows : BEGINNING at an Of the tract herein described southeast pin found for the sou southeast corner ee' aioe' said corner alsobeingast carnet to Westinghouse le the' above -said 88. 23 acre being the Of-way g Electric Corporation, tract conveyed line of Interstate Highway 35: and in the west right- line fOcourses;THENCE along the south lowing line of the tract herein described (l) South 80. 46' 40" West a distance of 112 along a fence to an . 73 feet iron Pin set; (2) North 20. 14' 48" West a distance of 400. 71 along a fence to an iron pin set; feet (3) South 85 feet S3� 09-1West a'distance of to an iron pin set for t}ie southwestcorner of the tract herein dcscrib�•d corner also be' said southwest the Georgetown1Railrodde east right-of-way line of � TNENC� along the west line of the Georgetown Ra being the ea tract herein described, 6. 445. 92 feet to North 0. 51st rzghc-of-Way line of the [o an iron 1f West , a distance of the tract herein described; found Eo, the northwest corner of long the no, No, 89' C4_ C6e East , �th linecetoihl tract herein described pin i� a dista: 543. 53 ere sa :d r•o:t`east nO'theasc co.- 0i o [ to an iron ln_ _;sta_ H . , cor"er also bei;: to tract herein described ;g-.may 35: s the west right -of-way line °_F THENCE along the east said east line also bein line of the g the west ri tract herein described, Interstate Highway 35, the followin g courses; y line of (1) 24. 31 feet along a curve to of 24.30 feet bearingSouth the left havin radius, of 2,914.8 2' 04 East and a chord monument found; feet to a Texas Highway Department (2) South 2. 09' 30" East a distance a Texas Highwof 855. 64 feet to ay Department monument found; . (3) 597. 76 feet along a curve of 596. 70 feet baring So to the left having . of 2914.8 ,feet to a g South 8 01� 07,. g a chord found; Texas Highway East a radius g y Department monument (4) 381. 42 feet along a curve to Of 380. 75 feet bear the right having Of 1, 859.9 feet to -a ng South 8 00' East and gaa chord found; Texas "'9h«ay Department radius monument (5) South 2' 12' 52" East a distance of 187. 22 feet to a Texas Highway Department -monument found; (6) 331.69 feet aloe of 326. 16 feet bearingSouth15to * right having radius of 523.0 feet Co a g a chord monument found; Texas Highway Department and a y (7) Of 905. 19 968- 37 feet alonget a curve to the left having radius of 766. 2 feet bearingo *1 SS ' 53" Eastandhard monument found; Texas Highway Department • (3) 331. 15 feet along a curve to Of 325. 65 feet bearing South 20s right having radius of 523.0 feet to a g a chord .Monumenc found; Texas •Hi3hwa0„ East and a g y Department (9) South 2. 05' 37" East a distance to a Texas HighwayDe um 1, 086. 87 found feet Department monument found; (10) South 2' 04' 08" East a distance the Point of Beginning and containing 269. 59 feet to land, more or less, g 2b0. 39 acres of certify Brooks Hale' a P.EGISTEP.ED PUBLIC y that these field notes represent he results do hereby tune-, 1982 survey made under m the results of June, 1982, y direction an on- on the 29th day of / / JERRY err+ - ��' � GROOKS ti,tE ooks Hal e G21 Re Public Surveyor tlo. 215.1 J Description of two tracts of land, being Tract I consisting of 2,023.28 acres and Tract II consisting of 35.23 acres. EX}{IBIT "A- TRACT I Field notes describing 2.023-Y8 acres of Ephraim Evans League (Abstract 212) and the JohnnPowellthe League (Abstract 491) in Williamson Count being all of the 1,474.684 acre tract conveyed said June 24 , 1971 from Ra yed b tract to Westinghouse ElectricnCorporationearson nandlrecordedi teed Pearson Williamson County Deed Records Gladys D. Portion of the •1,036. 15 acre tractothat wasp in the deed dated July 23, 1971 from Page 93 and a conveyed b Electric Corporation and recorded inCtheoWilliamson County Beed Records in Volume ration to Westinghouse described as follows: 538' pa$e 80, and being more Particularly BEGINNING at an iron pin found for the most easterl ' northeast corner of the tract of land here' corner. alscbeing the most easterly northeast cornerbof. theid above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491) , in the north line of the Ehram Evans League (Abstract 211) , and in the westright-ofiway line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of the Georgetown Railroad South 70 00' 06" West a distance of 422.97 feet to an iron pin found SOOdacre ntracn alsoOf being the northeast corner of thaC 13 nd to the City of Round Rock and recorded in the Williamsoned County Deed Records in Volume 853, page 56; Of Round Rock a long the north line of tract South 72• the above said City o 1, 016 . 96 feet to an 14 37' West a distance of r the Of the above said City ofpRoundund Rockotractcn°rthwest corner THENCE along the west line of the above said City of to an fi Ruck (sect 47' fur to an iron pin foundand t for the so23" East a di-sLancv OC 652. 19 uthwest corner of the above said City of Round Rock tract; THENCE E CEf.along the south line of -Rock the above City of Round to an th 72 14. 24" East a distance of 719. iron pin found for. the southeast corner of the9abovet said City of Round Rock tract, said southeast corner also being in the west right-of-way g y line of the Georgetown Railroad; THENCE along the east line of said east line also beingthe tract herein described, west riht-of-wa Georgeto-n Railroad, thefollowingcourses . y line of the ( 1) South 4. 18' 56" West a distance of 65. 18 feet to an iron pin found, (2 ) North 67• S1 ' 47" East a distance of 11. 14 feet to an iron pin found; ( 3) South 6' 23' 45" West a distance of to an iron pin found; 955. U-1. feet t � ) 1 , 504. 15 feet aloe c`='d o` 1 , 503. 15 feetg a cbeae• CO the left having a an., a ra+1 of 11 , 489. 59 feet: Soul, 3' 09 ' 56" West to an iron pin set; 7:<'.: Pige 7 (5) South 0. 51' 01" East a distance of iron pin found; 407.61 feet to an (6) South 0. 51' 14" East a distance of 2 to a 30d nail found and replaced with�a�5 35 feet for the southeast corner of the iron pin described; tract herein the THENCE alongithe south line of the tract herein described following courses, (1) South 87. 57' 18".West a distance of 124. 22 feet to a 30d nail found and replaced with an iron pin; - (2) 224 .69 feet aloe a *Curve chord of 224.68 feetb aring southe86* 46' tg a West and a radius of 5, Pin;feet, 46 227"found and replaced With an iron CO a 30d nail ; (3) South 76' 48' 34" West a distance of to a 30d nail found and replaced with3an• 4r feet • (4) 613. 26 feet alongiron Pin; of 612. 99 feet baring So to the left having a chord radius of 5,829.58 feet 79 41' 43•' West and a replaced With an to a 30d nail found and iron pin; (5) South 76. 44' 56" West a distance of to an 30d nail in rock found; 7.502• h3 feet (6) 652. 77 feet along a curve to the left having of 652.44 feet bearing South 73• radius of a chord replaced with2ansironeC� to a 30d nail undWes and a pin; (7) South 70. 15' 54" a 30d nail found anest a distance of 492.06 feet to in the southwest replaced With an iron corner of the tract herein describco-d; THENCE along the average line of a fence for the West line Of thu tract herein described the following coursers; (1) North 21 . 02' 58" West a distance of an iron pint set; 3, 679. 56 feet to (2) North 69. 49' .35" East a distance of to a cedar post in concrete found; 1,000.42 feet (3) North 20. 28' 58" West a1distance of 1, 211.02 feet to an iron pin found; . (4) North 20' 42' 10" West a distance of 4 ,877. 31 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the average line of a fence for the north line Of (:h,.! tract herein described the follouin s courses ; (1 ) North 17 ' to a cedar pos01'♦East a distance of t found ; 2, 187 . 71 feet ( 2 ) ,North 69. 04 ' 40" East a distance of 1 . 959. 87 feet to a cedar post found; ?aye a _ : , (3) North 69. 02' to an iron pin 2setEfor theimostcnortherl , 021 . 65 feet corner of the tract herein described; Y northeast THENCE along the avers Of the tract herein described theefolof loWinnce for the east Line g courses; (1) South 5' 27' 36" East a distance of 1,552. 71 feet to a dead 36 inch Pecan tree; (2) South 18. 09' 07" East a distance of 110. 14 a 2 inch drill stem found, feet to (3) South .87. 44' 21" East a distance of iron 'Pinfound; 44. 64 feet to an (4) South 12. 11' " OS East a distance of 200. 03 feet to an iron pin found; (5) North 79. 31' 55" East a distance of 50. 27 feet to an iron pin found, (b) South 23' 22' 39" East a distance of 3,040, 24 feet to an iron pin set; THENCE along the average line of the line of a ' tract herein described the ffencellowor the north g courses; � (1) North 68' 59' 48" East a to a cedar distance of 1,079 post found; . 76 feet (2) North S1. 30' 13" East a distance of 43. 49 feet to ' 3 cedar post found; (3) North 69' 15 35 East aJ to an iron pin found; distance of 2,235. 63 feet (4) North 80. 08' 33" East a distance of 47 2 to an iron pin found; 0 feet I (S) North 69' 1 29' 12" East a distance of 341.55 feet CO an iron post found; i (b) North 69• 17' 27" -East e d ' found] distance of 1,033. 48 feet to a cedar post ' (7) North 68. 38' 13" to the East a distance of 741. 68 feet acres, more torflessinning and containing 2,023.28 f 1 . .le rry Brooks Male, a REGISTERED PUBLIC SUpYEYOP., do certify that these field notes represent the results _ the-ground survey made under hereby _ June 19p2 �y direction on the 29thodaynofn ZE of jf+9� 1(:7x1f 6RilOXS 11AtE irerrY$too S tale ren i Zered Public "Cvrveyor lio, 2154 n •��, ,l�•••Q� , // Vk 1 tXriIriIT 'A' TRACT II Field notes describing 35.23 acres of land in the Ephraim I Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas: said tract being a portion of the 153. 014 acre tract conveyed by deed dated June 24 , 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed Records in Volume 537, page 93, and being more particularly described as follows: BEGINNING at an iron pin found for the northwest. corner of tract herein described, said corner also being the northwest corner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475, page 41, in the Williamson County Deed Records, and also being in the east right-of-way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87' 21 ' 23" East, a distance of 965. 37 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of Interstate Highway 35 , the following courses; ( 1) 56. 85 feet along a curve to the right having a chord of 56. 84 feet bearing South 34. 18' 25" West and a radius of 1,095. 9 feet to a Texas Highway Department monument found; (2) 1, 023. 42 feet along a curve to the left having a chord of 949.02 feet bearing South 2' 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument found; (3) 365. 13 feet along 'a curve to the right having a chord of 363. 44 feet bearing South 30. 49' 05" East and a radius of 1,095. 9 feet to an iron pin in concrete found for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described South 72' 11 ' 19" West, a distance of 1,424 . 52 feet to a concrete monument sat for the southwest corner of the tract herein described•, said corner also being in the east right-of-way line of the George to,--n .Railroad; THENCE along the west line of the tract herein described, said west line aLso being the east right-of-way line of the Ceo:gecoun Railroad , North 6' 37 ' 05" East , a dis-zance- of 1, 144. 23 fee-- to the Point of Beginning and containing 35 . 23 acres of land, more o;' less . Paye 1k� o; li I , ferry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the Iresults of an on the ground survey made under my direction on the 29th day of June, 1982, qP�E OF •Ff rt �RRY.BROJKS•HALE • err,1'' rooks • a 1 e Re tered Public S 0. 2154 =Q- /N 2154 urveyor B t� 1T(*tom�O <j•••SUR�j4, Doc# 95 TWStATEQF Date9es: OF Time . 95 �'•stac�tpyt�t sw Filed �Rt}� P•M. s� h - � Official Ref - in •y .Tq ELAINELBpr , _:; inty,TX. . c COUNTY Ct_Epi, CL 1 EXHZIIZT "A- Page 11 of 11 S RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. • �� ROUND ROCK INDUSTRIAL DISTRICT s 2000' _ !:Fr OFFICIAL PUBLIC RECORDS 06-18-200� 10: 2002046115 30 AM MILLER $43.00 --� NANCY E. RISTER •CQUNTY CLERK WT-I LIAMSON COUNTY, TEXAS _. t DATE: December 9, 2004 SUBJECT: City Council Meeting - December 16, 2004 ITEM: 14.F.2. Consider a resolution authorizing the Mayor to execute the Fifth Agreement Extending Industrial District with Texas Crushed Stone and Georgetown Railroad Company. Department: Administration Staff Person: Jim Nuse, City Manager Justification: This resolution will extend the Industrial District for one year. The one year extension of the Industrial District will give the City the property needed for the reconstruction of the wastewater line from the City's Water Treatment Plant to Interstate Highway 35 as it passes through Texas Crushed Stone and Georgetown Railroad Company properties. In addition, it will give the City, Texas Crushed Stone, and Georgetown Railroad time to negotiate a mutually beneficial long term agreement. Funding: Cost: No cost to the City Source of funds: N/A Outside Resources: Texas Crushed Stone and Georgetown Railroad Company Background Information: This Industrial District outlines terms and conditions whereby Texas Crushed Stone and Georgetown Railroad Company may continue to operate outside Round Rock's city limits. The District was first created in 1978 and has been extended four other times. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS �Ill�ll�lllllllllllllllllllllllllllllllllll AGR 19 PGS FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT This Fifth Agreement Extending Industrial District ( " this Agreement" ) is made and dated effective this 15th day of December, 2004 by and among the City of Round Rock, Texas ("City" ) , Texas Crushed Stone ( "TCS" ) and Georgetown Railroad Company, Inc . ( "GRR" ) , and is as follows : RECITALS WHEREAS, heretofore, the City entered into an agreement with the Westinghouse Electric Corporation, ("Westinghouse Agreement" ) such agreement having been executed on the 11th and 14th days of December 1978 and recorded in Volume 744 , Page 1, Deed Records, Williamson County, Texas, and Whereas, the Westinghouse Agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art . 970a. , V.A.T. S. (now codified in §42 . 044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, TCS and GRR purchased on June 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the property" and WHEREAS, TCS , GRR AND THE City extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ( 111985 Contract" ) , dated February 14 , 1985 and recorded in Volume 1162 , Page 406 of the Official Records of Williamson County, Texas, and corrected by a Memorandum of Correction dated May 23 , 1985 and recorded in Vol . 1190, Page 622 of the official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that on certain Second Contract and Agreement Extending Industrial District ("198s Contract" ) , dated May 31, 1988 and recorded in Vol . 1720, Page 2F of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the afore Westinghouse Agreement by and through that one certain Contrac Agreement Extending Industrial District ( 111995 Contract" ) , May 25, 1995, and recorded as Document No. 9542043 of the Of Records of Williamson County, Texas, and FII fII AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS C' COMPANY AND GEORGETOWN RAILROAD COMPANY R-oy- 12- 1&- Iq F;„ WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ("2002 Contract") , dated June 13 2002, and recorded as Document No. 2002046115 of the Official Records of Williamson County, Texas, and WHEREAS TCS, GRR and the City now wish to further extend the Industrial District status previously granted, Now Therefore, IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS : I . The City is in need of: 1) Temporary construction easement from Texas Crushed Stone Company of 4 .273 acres [involving Parcel 1] ; 2) Pipeline license agreement with Georgetown Railroad Company for a wastewater line across the Georgetown Railroad Company right of way [involving Parcel 2] ; 3) Permanent wastewater line easement from Georgetown Railroad Company of 1 .294 acres [involving Parcel 5] ; 4) Temporary construction easement from Georgetown Railroad Company of 3. 88 acres adjacent to the 1 .294 acre permanent wastewater line easement [involving Parcel 5] ; 5) Permanent wastewater line easement from Georgetown Railroad Company of 0 . 757 acres [involving Parcel 6] ; 6) Temporary construction easement from Georgetown Railroad Company of 1 . 99 acres adjacent to the 0 . 757 acre permanent wastewater line easement [involving Parcel 6] . II . For and in consideration of TCS and GRR granting and conveying the above listed easements and the pipeline crossing license agreement to the City of Round Rock, the City hereby grants an extension from December 31, 2004 to December 31, 2005 of the Industrial District status previously granted Westinghouse and extended pursuant to the 1985 Contract, the 1988 Contract, the 1995 Contract and the 2002 Contract. The Industrial District status shall apply to the property described in Exhibit A which is attached hereto and made a part hereof as if set out in full herein. III . Except as otherwise stated herein, TCS and GRR agree that upon the expiration of this Agreement and when requested by the City, they will file with the City a written petition and request for annexation of the property described hereinabove not previously annexed. IV. TCS and GRR further agree that should they develop or sell for FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 2 development all or any part of the Property, such portion developed or sold for development shall be subject to immediate annexation and the owner of the property shall petition the City for immediate annexation. So long as the property is a part of the Industrial District and being used as herein below defined, there shall be no taxes due to the City. It is further agreed that the owner of any portions of the Industrial District sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or the beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll-back taxes had that portion of the property been annexed into the City on the date of the sale of the property to be developed or the date that development was begun. As used herein, the term "develop" shall mean putting the property to any use except agricultural, limestone mining, railroad transportation use and related activities . V. As an additional assurance to the City that the property shall be annexed when sold for development, developed or at the expiration of this extension, in addition to the petition referenced above, TCS and GRR herein request annexation by the City in this contractual agreement, with the condition precedent to such request that it is not to be acted upon prior to the property or portion thereof being sold for development, or developed or prior to December 31, 2005 . In the event, for any reason, the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation (s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement . VI . The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the property. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 3 existing City Council and under which appropriate jurisdiction is had for the matters contained herein. VII . The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas . VIII . If any word, phrase, clause, paragraph, sentence, part , portion or provision of this contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the contract shall nevertheless be valid and TCS, GRR and City hereby declare that this contract would have been entered into and enacted with such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions not included. EXECUTED in multiple originals on the dates indicated below. Date : DSCEM8&e ATTEST: CITY OF ROUND ROCK By. - R - i Y CHRISTINE R. MARTINEZ, LE MAX ELL, Mayor City Secretary Date : 1"-11412 � ATTEST : TEXAS CRUSHED STONE COMPANY By C By: C. W. Fraser, Secretary W.B. Snead, President FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 4 ATTEST: GEORGETOWN RAILROAD COMPANY, INC. By:- C. y:C.W. Fraser, Secretary W. B . Snead, t+4RnPp4..r�e Chairman of the Board STATE OF TEXAS COUNTY OF WILLIAMSON § Thi instrument was acknowledged before me this ( � ` day of 2004 , by Nyle Maxwell, Mayor of the City of Round Rock, Williamson County, Texas . NotaryP692c, State of Texas r Printed name My Commission Expires : STATE OF TEXAS § COUNTY OF WILLIAMSON This i strument was acknowledged before me this day of .91eCi , 200jF,--by W.B. Snead, President of Texas Crushed Stone Company, a Texas corporation, on behalf of said corporation. Moigt M '•. NOMY CO of Texas Notary lic, State of Texas MY �: Printed name : � RECORDERS MEMORANDUM All or parts of the text on this page was not dearly legible for satisfactory recordation. FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 5 STATE OF TEXAS § COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of 20045,by W.B. Snead, Chairman of the Board of Georgetown Railroad Company, Inc . , a Texas railroad corporation, on behalf of said corporation. •sueofTom Notary Pu6Tic, State of Texas Com E*ka: Printed name : 3.' My Commission Expires : D. 5"INDUSTRIAL DISTRICT 1 yr ex[WP9 DISK 702(02-086)(DRAFT 1 DEC 2004) FIFTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT,BETWEEN CITY OF ROUND ROCK,TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 6 Description of two tracts of land, being Tract IA consisting Of 875.68 acres and Tract -IIA consisting of 260.39 acres. y E C iIBZT 'A' Page 1 of 11 BORDERS MEMORANDUM Ail or Parts of the text on this page was Ga deddY legible for sat sfpctory rmrdgW, TRACT IA ' Field notes 'describing l Evans League (Abstract 212and•theaD. C of land County. Texas; said Curr in the Ephraim tract that was conveyed cb being a portion of survey in Williamson Lamoc Corporation to Westinghousedeed aElectric 23. 1 71 the from 15 acre recorded in the Williamson Count Deed c Corporation 1971 from • Page 80, and all of Y Recordsand by deed dated all Of Octobthe 526. 60 acre tract in Volume 538, 1971 from Leon . hat was conveyed recd d Behrens to Westinghouse Electric Corporation and recorded in the Williamson Count Deed Wife Page 767 and being more particularly Recordsrin Vo and Y described as follows! BEGINNING at an iron in the tract herein describudp set for the southeast corner of the southeast corner of the above said 526 corner also being conveyed to Westinghouse Electric Corporation sand tract west right-of-way line of the in the Georgetown Railroad ; THENCE along the average line of a fence line of the tract herein described the followinor the south ( 1) South 85• 8 courses; 54� 42" West a distance of 835. 47 feet to an iron pin fourni; (2) South 69' 28' 14" West a distance of 884 . 18 feet to a cedar post found; (3) South 75' 10' 48" West a distance of 88. 43 feet to a cedar post found; (4) South 68. 59' 10" West a distance of 2, 355. 65 feet to a creosote post fund; o (5) South 70. 38' 31" West a distance of 119. 60 feet to a creosote post found; (6) South 68' 46' 58" West a distance of 1, 697 . 08 feet to an iron pin found] (7) South 77' 49' 02" West a' distance of 78. 40 feet to an iron pin found; (8) to South an 68' 02 ' 17" West a distance of 1 , 596. 96 feet iron pin found; (9) South 69' 01' 04" to an iron West a distance t 1 , 080 . 90 feet tract herein described; rner of pin set for the southwest co the THENCE along the average line of a fence °= the tract herein described the following frs the west line nth 20' courses ; ( 1J cc an i:on5pi 25 "e'` a distance of 2 , 698 . e' 73 feet ( 2 ) North 67' 45 ' 45" -a, a ; an iron pin sec; - a `s`a�ce of 173 . 70 feet to ( 3) North 21 ' 00' 01" West a distance of 1 , 919. 02 feet to a 30d nail found and replaced with an iron pin ; For the northwest corner of the tract herein describe; THENCE along the north line of the tract herein described the following courses; ( 1) North 70' 15' 54" East a distance of 492 . 06 feet to a 30d nail found and replaced with an iron pin; (2) 652. 77 feet along a curve to the right having a chord of 652. 44 feet bearing North 73' 32 ' 09" East and a radius of 5,829.58 feet to a nail in rock found; (3) North 76' 44' 56" East a distance of 7 , 502. 43 feet to a 30d nail found and replaced with an iron pin; (4) 613. 26 feet along a curve to the right having a chord of 612. 99 feet bearing North 79' 41 ' 43" East and a radius of 5,829. 58 feet to a 30d nail found and replaced with an iron pin; (5) North 76' 48' 34" East a distance of 310. 48 feet to a 30d nail found and replaced with an iron pin; (6) 224. 69 feet along a curve to the right having a chord of 224. 68 feet bearing North 86' 46 ' 27" East and a radius of 5,663. 58 feet to a 30d nail found and replaced with all iron pin; (7) North 87' 57' 18" East a distance of 124 . 22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right-of- way of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right Georgetown Railroad, the -of-way line of the following courses ; ( 1) South 0' 93 '47 " East a distance of 907. 61 feet to a 30d nail in a railroad Cie found; (2) South 0' 52' 37" East a distance of 2 , 847 . 16 feet to the Point of Beginning and containing 875. 68 acres , more or less. 1 . Jerry Brooks Hale, a REGISTEP,ED PUBLIC SURVCYO R, do hereby certify that these field notes represent the results of an on- the-around survey made under my direction on the 29th day or June, 1932. TERRY,BROOKS II;t-' ..�. /S errY ,�oks lfa e cd Pub] is Surveyor No. 2194 paq� 3 0: TRACT IIA Field notes describing 260.39 acres of Ephraim Evans League (Abstract 212) and the D. Curry in the in Williamson County, Texas : Said tract being Curr of the 153. 014 acre Y Survey 1971 from Ra tract Said by deed dated June124 WestinghouseyElectricrson and CorporationeandlrccordcdPin the to in the , Williamson County Deed Records in Volume 537 by and a portion of the 1, 036. 15 acre tract that wagec93, onve Electric dated Corpora[ion3andgrecorfrom Lamoc Corporation to yed Deed Records in Volume 538 ed in the Williamson Westinghouse acre tract that was conveyed by deed and all of the 88 23 1971 from Robert L. Bowers , y deed ustee dated September 20 , and Carl W. Burnette Individuallyt and Robert L. Bowers Corporation and recorded to Westinghouse Electric Records in Volume 540#' Page the Williamson County Deed tract that was conveyedby 68, and all of the 27. 65 acre Marvin N. Parker and wife, deed dated August 3 , 1971 from Electric Corporation and Ruth d Parker to Westinghouse Deed Records in Volume 449, peg d in the Williamson County acre tract that was conveyed page 391 , and all of the 17. 93 1971 from Leon E. Behrensandb,iife, dated October 18, Westinghouse Electric Corporation . Onie D. Behrens Williamson County Deed Records in Vol1ecorded in then and being more particularly described as follows : 767, BEGINNING at an Of the tract herein described, pin found for the sou southeast corner of said corner also being earner to Westinghouse the above said 88, 23 acre being the to We g Electric Corporation, tract conveyed y line of Interstate Highway 35; and in the west right- Of-way courses,the south line of the tract herein described g courses; (1) South 80' c 40" West along a fence a distance of 112. 73 feet e to an iron pin set; (2) North 20' 14 ' 48" West a distance of 400. 71 feet along a fence to an iron pin set ; (3) South 85' 53' 09" West a.' distance of 1 feet to an iron , 650. 58 of the tract herein descrior the southwest corner corner also being ass said southwest [he Georgetown lr the east right-of-way line of g Railroad; THENCE along the west 1 said wesL line also being ine of the tract herein d Ge44ge92 feeailroad, North 0* 51 ' 1e easL 4ighL-of-way line described, being to an West the the tract he, iron pin found fo, , a distance of herein described; r the northwest corner of along the no' ,Ch b3' 0` 16" East , atdistaecet the tact herein described n'3 o f sa ;d ;t �v ' the northeast co,� - 1 . 543. 53 f=et to an iron est cor,Ier bei tract h n Int - also °i the erein - - sta _ _ "i ; 9. ay 35 . 7s the west ri � _ described, s -waY line of REORDERS MEMORANDUM Ad or parts of the text on this page was not clearly legible for gnoofQct,rY recordation,_ THENCE along the east line of tlle tract h lnters[ate HL hwa„ being the west ri h he described, Said east line also g 35, the f1lowin c t-°E-way line of g courses; (1) 24. 31 feet along a curve of 24. 30 feet bearing South the left having radius, of 2, 914. 8 2� 04 East ana chord monument found; feet to a Texas Highway Department (2) South 2. 09' 30" East a distance a Texas Highway Department of 855. 64 - p monument found ; feet to monu (3) 597. 76 feet along a curve to the of 596. 70 fejt bearing South g• left having of 2. 914. 8 eet 01' 07" t a chord found; to a Texas Ilighwa East a radius y Department monument (4) 381. 42 feet along a curve of 380. 75 feet bearingth the right havin of 1, 859. 9 feet to •a South 8. 00 ' East and gaa chord found; Texas Iligh',,ay De artment radius I' monument (5) South 2' 12' 52" East a distance Texas Highway Department of 187. 22 feet to p -monument found; a (6) 331. 69 feet along Of 326. 16 feet bar curve to the right having a chord radius of 523.0 -feet ngoSoouth 15• 59' 02" W monument Texas Highway De ea t and a found; p r[ment (7) 968. 37feet along of s c a curve to the left having a chord radius of 766. 2 feet goSouth 1 55' 53" East and a a Texas Highway Department monument found) • (3) 331. 15 feet along a curve of 325. 65 feet bear ' CO the right having radius of 523. 0 t t South 20. 13 ' 10" East a chord .mwa onumenc found; feet to a Texas Highway and a g y Department (9) South 2. 05 ' 37" East a to a Texas Highway distance of 1 , 086. 87 feet y Department monument found; (10) South 2. 04 ' 08" 1 the Point ginningaandsconta containing 2 , 069. 59 feet to - land °f Bu more or less. ening 260. 39 acres of I , Jerry Brooks Hale certify that these fieldPCGIes REDrepPUBLIC SUP.yE the- S E ED P Y x 1982 survey ode y direction the result'OR s hereby June, under m of an on- ection on the 29th day of PSE Or T i TERRY GROOX$ II�tE ' err rooks Hale f RECORDERS MEMORAND 2151 e r e d P u b I i s S u r v e y o r no. 21 S.1 Aft Or parts of the text on this page was not �c '•--•• clearly legible for satisfactory recordation, s u^ J. I Description of two tracts of landbeing , Tract I consisting of 2,023. 28 acres and Tract II consisting of 35.23 acres. E:(11IBIT "A" I TRACT I Field notes describing 2,023.28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas ; said tract being all of the 1 , 474 .684 acre tract conveyed by deed dated June 24 , 1971 from Raymond Pearson and wife , to Westinghouse Electric Corporation and recordedyinDtheearson Williamson County Deed Records in Volume 537 , a Portion of the 1 , 036. 15 acre page 93, and tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and being more particularly described as follows: BEGINNING at an iron pin found for the most easterly northeast corner of the tract of land herein described, said , corner. alsgbeing the most easterly northeast corner of the above said 1 , 474 . 684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491) , in the north line of the Ephraim Evans League (Abstract 212) , and in the west right-of-way line of the Georgetown Railroad ; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of the Georgetown Railroad South 7° 00 ' 06" West a distance of 422.97 feet to an iron pin found, said iron pin alnortheast corner of thaC 13. 00 acre tract ofslandlconvthe eyed to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56 ; THENCE along the north line of the above said City Of Round Rock tract South 72' 14 ' 37" West a distance of 1, 016 . 96 feet to an iron pin found for the northwest corner Of the above said City of Round Rock tract ; THENCE along the west line of the above said City of ruu"Ll Ruck trUCL SUUL11 17' 47' 23" Ga;;t a di,lancv oC 652. 19 CCI to an iron pin found for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round -Rock tract Borth 72' 14' 24" East a distance of 719. 90 feet to an iron pin found for. the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right-of-way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of the Georgetown Railroad, the following courses ; ( 1) South 4 ' 18' 56" West a distance of 65 . 18 feet to an iron pin found, ( 2 ) Norzh iro67 ' 51 ' 47" East a distance of 11. 14 feet to an pin found; ( 3) South 6' 23' 45" West a distance Or to an iron pin found ; 955 . G feet ( y ) 1 , 504 . 16 feet along a curve to the left having a a '� a of�1 . 503. 15 feet bearing South 3 ' 09 ' 58" Nest ra„i o. 11 , 489. 59 feet co an iron pin sec ; ?.i9e 7 c' _ (5) South 0' 51' 01" East a distance of 407.61 feet to an iron pin found; (6) South 0' 51' 14" East a distance of 2 , 695. 35 feet to a 30d nail found and replaced with an iron pin for the southeast corner of the tract herein described; the THENCE alongithe south line of the tract following coursesi herein described (1) South 87' 57' 18"_West a distance of 124. 22 feet to a 30d nail found and replaced with an iron pin; (2) 224 .69 feet along a curve to the left having a chord of 224. 68 feet bearing South 866 46' 27" West and a radius of 5 found and re ,869. 58 feet, to a 30d nail placed with an iron pin; (3) South 76' 48' 34" West a distance of 310. 48 feet to a 30d nail found and replaced with an iron pin; (4) 613. 26 feet along a curve to the left having a chord of 612. 99 feet bearing South 79' 41' 43" West and a radius of 5,829. 58 feet, to a 30d nail found and replaced with an iron pin; (5) South 76' 44' 56" West a distance of 7.502. 43 feet to an 30d nail in rock found; (6) 652. 77 feet along a curve to the left havin a of 652. 44 feet bearing South 73' 32' O9" West andoad radius of 5,829. 58 feet, to a 30d nail found and replaced.with an iron pin; (7) South 70' 15' 54" West a distance of 492. 06 feet to a 30d nail found and replaced with an iron pin for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of thu tract herein described the following courses ; ( 1) North 21 ' 02' 58" Nest a distance of 3, 679. 56 to an iron pin set ; feet (2) North 69. 49' .35" East n distance of 1, 000. 42 feet to a cedar post in concrete found; (3) North 20' 28' 58" West a'distance of 1 , 211. 02 feet to an iron pin found; (4) North 20' 42 ' 10" West a distance of 4 , 77to an iron pin found for the northwest corner otet the tract herein described; THENCE along the average line of a fence for the north line Of th,2 tract heroin described the following courses ; (1 ) North 69' 17 ' 01"East a distance of 2•, 187 . 71 CO a codar post found ; feet ( 2 ) Norch 69' 04 ' 40" East a distance of to a cedar pose found ; 1 . 959 . 87 Eect (3) North 69' 02 ' 20" East a distance of 2 to an iron pin set for the most norther021 ' r feaet r corner of the tract Herein described; y no [het of th HENCE along the averagescribed linefa fence for te following the east line I courses ; (1) South 5' 27' 36" East a distance of 1, 552. 71 feet to a dead 36 inch Pecan tree; (2) South 18. 09' 07" East a distance of 110. 14 a 2 inch drill stem found; ' feet to (3) South -87' 44 ' 21" East a distance of 44 . 64 iron 'pin found; feet to an , 11, (4) iron South Pin•found05" East a distance of 200. 03 feet to an (5) North 79' 31 ' 55" East a distance of 50. 27 feet to an iron pin found, (6) South 23' 22' 39" East a distance of 3,040. 24 feet to an iron pin set; THENCE along the average line of a fence for the north line of the tract herein described the followingI � (1) North 68' ' courses ; to a cedar S9 48 post found;East a distance of 1,079. 76 feet (2) North 51. 30' 13" East a distance of 43. 49 feet ' a cedar post found; to (3) North 69' 15' 35" East a distance of 2,235. 63 feet to an iron pin found; (4) North 80• Og• I to an iron 3found; East a distance of 47. 20 feet pin found; (S) North 69' 29' 12" East a distance of 341, 55 feet I to an iron post found; (6) North 64' 17' � to a cedar 27-" .East a distance of 1 , 033. 48 feet post found;] (7) North 68. 38' 13" to the Point of Beginning a distance of 741. 68 fee[ I acres , more or les 8nning and containing 2, 023. 28 s. certify Brooks Hale, a REGISTERED PUBLIC SURYEYOR. do her that these field notes represent the results f eby the-ground survey made under my direction on the 29th day of June , 1982, o an on OF rF1 +h. �• .9+ r 1('�"Y,6RooxS HALE �lYerrY,�roo S l a le �e0;5tereci Public .-urveyor IIo. 2151 C• QBE. �' �XriIDIT "A^ TRACT II Field notes describing 35. 23 acres of land in the Ephraim I Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas: said tract being a portion of the 153. 014 acre tract conveyed by deed dated June 24 , 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed Records in Volume 537 , page 93 , and being more particularly described as follows: BEGINNING at an iron pin found for the northwest. corner of tract herein described, said corner also being the northwest corner of the above said 153. 014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475 , page 41, in the Williamson County Deed Records , and also being in the east right-of-way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87' 21 ' 23" East, a distance of 965. 37 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of Interstate Highway 35 , the following courses; ' ( 1) 56 . 85 feet along a curve to the right having a chord of 56. 84 feet bearing South 34' 18' 25" West and a radius of 1, 095. 9 feet to a Texas Highway Department monument found; (2) 1 , 023. 42 feet along a curve to the left having a chord of 949.02 feet bearing South 2' 04 ' 58" East and a radius of 766. 2 feet to a Texas Highway Department monument found; (3) 365. 13 feet along a curve to the right having a chord of 363. 44 feet bearing South 30' 49' 05" East and a radius of 1 , 095. 9 feet to an iron pin in concrete found for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described South 72' 11 ' 19" West, a distance of 1, 424 . 52 feet to a concrete monument sit for the souchwi:st corner of the tract herein described',- said corner also being in the east right-of-way line of the Ccorgcto,,-n .Railroad; THENCE along the west line of the tract herein described , said wcsc line also being the east right-of-way line of the Ceorgcco,-n Railroad , North 6' 37 ' 05" East , a distance of 1 , 144 . 23 feet to the Point of Beginning and containing 35 . 23 ac=es of land , more c- less . pave 1C o; li I , Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on the ground survey made under my direction on the 29th day of June, 1982, OF •F+ h.•• .V� 1 JERf:I •BROJK$ FUIIE Berry- rooks a 1 e ..................... • e 1 tered Public Surveyor G• . 2154 ,•;Q- N 2154 p�.f rsTc*c -lam •SURV�` Doc# 9542043 4 Pages: 16 THE sr OF�Y OF Da to 09-20-1995 AtsstTiw ,� ou Filed &�Recor03:Oded3in'� ' h -� Official Records S Ch 7 +� of WILLIAMSON County, TX. '' i � 04 tI�Q gme ELAINE BIZZELL f 1/ COUNTY CLERK: cozj:,Ty Rec. 39. 00 111.i(g1.ls�ly COUNTY,7FXVS EXHIBIT ",- page 11 0° it RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. t ROUND ROCK INDUSTRIAL DISTRICT g s V 2000'17 In 7i 17 �1 OFFICIAL PUBLIC RECORDS ¢ 06-18-NJ �00- 10:30 AM 200004"115 { ~ t MILLER $43.00 NANCY E. RISTER ,COUNTY CLERK �"` ijilL L IAMSON COUNTY. TEXAS