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A-08-07-10-9C3 - 7/10/2008ORDINANCE NO. I\ -D0- 04 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 50.085 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of Tract One (15.000 acres), Tract Two (11.314 acres), and Tract Three (23.771 acres), totaling 50.085 acres out of the Thomas Toby Survey, Abstract No. 625, in Williamson County (the "Property"), which are more particularly described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been 0:\WDOX\ORDINANC\080710C3.DOC/rmc complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to 2 include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. VIII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. 3 X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 041 day of , 2008. Alternative 2. READ and APPROVED on first reading this the day of , 2008. READ, APPROVED and ADOPTED on second reading this the day of , 2008. 4 ATTEST: SARA L. WHITE, City Secretary AL1 T MCGRAW, Mayor City of Round Rock, Texas 5 ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: (See Exhibit "A" for field note description) We hereby certify, under oath, that: (1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibits "B" and "C" true and current copies of the Warranty Deed whereby we acquired said property, and (2) The above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM By: MICHAEL D. MCIINNEY' Chancellor The Texas A&M University System f'11?/" SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Michael D. McKinney, Chancellor of The Texas A&M University System, on behalf of the Board of Regents of The Texas A&M University System this 7- day of June, 2008, A.D. Notary Public, State of Texas KR$SANN L. EVERETT MY COMMISSION EXPIRES AUGUST 11, 2009 L. CITY COUNCIL HEARING: DATE RECEIVED: CITY COUNCIL HEARING: TRACT ONE 15.000 Acre Tract Page 1 of 2. Exhibit A TRACT ONE DONATION TRACT DESCRIPTION FOR A 15.000 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 15.000 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod, with TxDOT aluminum cap, found on a point in the south right-of- way line of County Road 112 (120' right-of-way width), also being the north boundary line of the said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farm -to -Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 228.96 feet; THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion, the following six (6) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 10°10'56", an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a I/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the southeast corner hereof, 3. S 86° 49' 33" W for a distance of 752.12 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof, TRACT ONE 15.000 Acre Tract Page 2 of 2 4. N 02° 59' 58" E for a distance of 292.33 feet, along the west line of said 30' wide wastewater easement, to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 5. N 09° 02' 54" E for a distance of 245.32 feet, along the west line of said 30' wide wastewater easement, to a 1/4" iron rod with plastic cap stamped "Baker-Aiciclen" set for an angle point hereof, 6. N 20° 36' 21" E for a distance of 418.68 feet, along the west line of said 30' wide wastewater easement, to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set in said south right-of-way line of County Road 112, being also the north boundary line of said Remnant Portion, for the northwest corner hereof, from which 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found in the right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 767.18 feet, THENCE with the south right-of-way line of said County Road 112, being also the north boundary line of said Remnant Portion, N 85° 03' 43" E for a distance of 515.53 feet to the POINT OF BEGINNING hereof and containing 15.000 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: 9d 05 -OZ-Zoon Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\TRACT1.DOC TRACT TWO 11.314 Acre Tract Page 1 of 2 ExhibitA TRACT TWO DESCRIPTION FOR A 11.314 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 11.314 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE at a ''/s" iron rod with plastic cap stamped "Baker-Aicklen", found on a point in the south right-of-way line of County Road 112 (120'right-of-way width), for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of- way line of Farm -to -Market Road 1460 (80' right-of-way width); THENCE with the south right-of-way line of said County Road 1 12, S 85° 03' 43" W for a distance of 228.96 feet to a '/z" iron rod with plastic cap stamped "Baker-Aicklen" set; THENCE departing the south right-of-way line of said County Road 112 crossing through the interior of said Remnant Portion, the following two (2) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a 1/2" iron rod with plastic cap stamped "Baker- Aicklen" set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 10°10'56", an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a %" iron rod with plastic cap stamped "Baker-Aicklen" set for the northeast corner and POINT OF BEGINNING hereof; THENCE continuing through said Remnant Portion, the following nine (9) courses and distances: 1. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 07° 05' 29", an arc length of 612.66 feet, and a chord that bears S 10°07'55" W a distance of 612.27 feet to an iron rod, with TxDOT aluminum cap, found for the point of tangency, 2. S 13° 40' 43" W for a distance of 79.01 feet to a '/z" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of curvature, for the most easterly southeast corner hereof, 3. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 89° 59' 36", an arc length of 47.12 feet, and a chord that bears S 58° 40' 31" W a distance of 42.42 feet to a %" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency, for the most southerly southeast corner hereof, TRACT TWO 11.314 Acre Tract Page 2 of 2 4. N 76° 19' 41" W for a distance of 415.29 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for a point of curvature, 5. Along the arc of a curve to the left, with a radius of 895.00 feet, a central angle of 23° 56' 11", an arc length of 373.90 feet, and a chord that bears N 88° 17' 46" W a distance of 371.19 feet to a %2" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency, 6. S 79° 44' 09" W for a distance of 104.44 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof, 7. N 31° 09' 11" E for a distance of 548.49 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 8. N 02° 59' 58" E for a distance of 100.06 feet, along the west line of said 30' wide wastewater easement, to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the northwest corner hereof, and 9. N 86° 49' 33" E for a distance of 752.12 feet to the POINT OF BEGINNING hereof and containing 11.314 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 0S-oZ-Zoog Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M'\METES-BOUNDS\TRACT2.DOC TRACT THREE 23.771 Acre Tract Page 1 of 3 Exhibit A TRACT THREE DESCRIPTION FOR A 23.771 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 23.771 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/4" iron rod, with plastic cap stamped "Baker-Aicklen", set on a point in the south right-of-way line of County Road 112 (120'right-of-way width), also being the north boundary line of said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a '/2" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farm -to - Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 1457.78 feet, also from which a '/2" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 53.90 feet,; THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion, the following nineteen (19) courses and distances: 1. S 05° 13' 48" E for a distance of 229.01 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 2. S 17° 11' 39" E for a distance of 284.70 feet to a ''/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 3. N 88° 21' 14" E for a distance of 433.42 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the most easterly northeast corner hereof, TRACT THREE 23.771 Acre Tract Page 2 of 3 4. S 09° 02' 54" W for a distance of 86.26 feet, along the west line of said 30' wide wastewater easement, to a'/z" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 5. S 02° 59' 58" W for a distance of 316.28 feet, along the west line of said 30' wide wastewater easement, to a ''/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the most easterly southeast corner hereof, 6. S 88° 21' 14" W for a distance of 417.76 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 7. S 13° 22' 43" W for a distance of 317.68 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 8. S 10° 15' 51" E for a distance of 256.98 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for the most southerly southeast corner hereof, 9. S 79° 44' 09" W for a distance of 353.00 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for a point of curvature, 10. Along the arc of a curve to the right, with a radius of 955.00 feet, a central angle of 04° 22' 34", an arc length of 72.94 feet, and a chord that bears S 81° 55' 26" W a distance of 72.93 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 11. S 84° 06' 43" W for a distance of 167.29 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, for the most southerly southwest corner hereof, 12. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 90° 00' 00", an arc length of 47.12 feet, and a chord that bears N 50° 53' 17" W a distance of 42.43 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 13. N 05° 53' 17" W for a distance of 181.08 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, 14. Along the arc of a curve to the right, with a radius of 1000.00 feet, a central angle of 21° 03' 08", an arc length of 367.43 feet, and a chord that bears N 04° 38' 17" E a TRACT THREE 23.771 Acre Tract Page 3 of 3 distance of 365.37 feet to a'/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 15. N 15° 09' 51" E for a distance of 115.10 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, 16. Along the arc of a curve to the left, with a radius of 1000.00 feet, a central angle of 40° 08' 10", an arc length of 700.51 feet, and a chord that bears N 04° 54' 14" W a distance of 686.27 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of reverse curvature, for the most westerly northwest corner hereof, 17. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 95° 57' 56", an arc length of 50.25 feet, and a chord that bears N 23° 00' 38" E a distance of 44.58 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of tangency, for the most northerly northwest corner hereof, 18. N 70° 59' 36" E for a distance of 223.35 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, and 19. Along the arc of a curve to the right, with a radius of 1440.00 feet, a central angle of 14° 04' 07", an arc length of 353.58 feet, and a chord that bears N 78° 01' 39" E a distance of 352.69 feet to the POINT OF BEGINNING hereof and containing 23.771 acres of land., Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham 05-0Z -2008 Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\TRACT4.DOC DATE: July 1, 2008 SUBJECT: City Council Meeting—July 10, 2008 ITEM: 9C3. Consider an ordinance annexing 50.085 acres of land located at the southwest corner of the intersection of County Road 112 and A.W. Grimes Blvd. (Also known as the Texas A&M Health Sciences Center — Round Rock) (First Reading) Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development Director This is a petition for voluntary annexation. This tract of land lies at the southwest corner of County Road 112 and A.W. Grimes Blvd. The tract includes approximately 50 acres, of which approximately 12.5 acres is the first phase of the proposed Texas A&M Health Science Center. This phase will house administration, classroom and related educational facilities. This is the first medical school in Round Rock and is the third proposed higher education facility in the area, which includes the Higher Education Center to the north and future Austin Community College to northwest. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land is currently located within the City of Round Rock's ETJ in Williamson County. Public Comment: Public notice is not required for voluntary annexation, in accordance with Section 43.028 of the Texas Local Government Code. RECORDED DOCUMENT FOLLOWS IIIIII IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIII III THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK ORD 52 PGS 2008059173 I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A -08-07-10-9C3, which annexes 50.085 acres of land out of the Tomas Toby Survey, Abstract No. 625, in Williamson County (located at the Southwest corner of the intersection of County Road 112 and A.W. Grimes Boulevard - also known as the Texas A&M Health Sciences Center - Round Rock). This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a meeting held on the 10th day of July 2008 and is recorded in the City Council Minutes Book No. 56. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 30th day of July 2008. SARA L. WHITE, City Secretary ORDINANCE NO. Pk -OS- 03 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 50.085 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of Tract One (15.000 acres), Tract Two (11.314 acres), and Tract Three (23.771 acres), totaling 50.085 acres out of the Thomas Toby Survey, Abstract No. 625, in Williamson County (the "Property"), which are more particularly described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been 0:\WDOX\ORDINANC\080710C3.DOC/rmc complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. Iv. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to 2 include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. VIII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. 3 X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 2008. Alternative 2. READ and APPROVED on first reading this the day of , 2008. READ, APPROVED and ADOPTED on second reading this the day of , 2008. 4 ALIT MCGRAW, Mayor City of Round Rock, Texas SARA,. WHITE, City Secretary TRACT ONE 15.000 Acre Tract Page 1 of 2. Exhibit A TRACT ONE DONATION TRACT DESCRIPTION FORA 15.000 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 15.000 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod, with TxDOT aluminum cap, found on a point in the south right-of- way line of County Road 112 (120' right-of-way width), also being the north boundary line of the said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a %" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Fane -to -Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 228.96 feet; THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion, the following six (6) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a '/z" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 10°10'56", an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a'/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the southeast corner hereof, 3. S 86° 49' 33" W for a distance of 752.12 feet to a '/" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof, TRACT ONE 15.000 Acre Tract Page2of2 4. N 02° 59' 58" E for a distance of 292.33 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 5. N 09° 02' 54" E for a distance of 245.32 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 6. N 20° 36' 21" E for a distance of 418.68 feet, along the west line of said 30' wide wastewater easement, to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set in said south right-of-way line of County Road 112, being also the north boundary line of said Remnant Portion, for the northwest corner hereof, from which '/2" iron rod with plastic cap stamped "Baker-Aiciclen" found in the right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 767.18 feet, THENCE with the south right-of-way line of said County Road 112, being also the north boundary line of said Remnant Portion, N 85° 03' 43" E for a distance of 515.53 feet to the POINT OF BEGINNING hereof and containing 15.000 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: 05 -02-Zoog Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\TRACT1.DOC TRACT TWO 11.314 Acre Tract Page 1 of 2 EhibitA TRACT TWO DESCRIPTION FOR A 11.314 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 11.314 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE at a''' 2" iron rod with plastic cap stamped "Baker-Aicklen", found on a point in the south right-of-way line of County Road 112 (120'right-of-way width), for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of- way line of Fann-to-Market Road 1460 (80' right-of-way width); THENCE with the south right-of-way line of said County Road 112, S 85° 03' 43" W for a distance of 228.96 feet to a ''/2" iron rod with plastic cap stamped "Baker-Aicklen" set; THENCE departing the south right-of-way line of said County Road 112 crossing through the interior of said Remnant Portion, the following two (2) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a'/z" iron rod with plastic cap stamped `Baker- Aicklen" set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 10°10'56", an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a ''/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the northeast corner and POINT OF BEGINNING hereof; THENCE continuing through said Remnant Portion, the following nine (9) courses and distances: 1. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 07° 05' 29", an arc length of 612.66 feet, and a chord that bears S 10°07'55" W a distance of 612.27 feet to an iron rod, with TxDOT aluminum cap, found for the point of tangency, 2. S 13° 40' 43" W for a distance of 79.01 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of curvature, for the most easterly southeast corner hereof, 3. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 89° 59' 36", an arc length of 47.12 feet, and a chord that bears S 58° 40' 31" W a distance of 42.42 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency, for the most southerly southeast corner hereof, TRACT TWO 11.314 Acre Tract Page 2 of 2 4. N 76° 19' 41" W for a distance of 415.29 feet to a ''/2" iron rod with plastic cap stamped "Baker-Aicklen" set for a point of curvature, 5. Along the arc of a curve to the left, with a radius of 895.00 feet, a central angle of 23° 56' 11", an arc length of 373.90 feet, and a chord that bears N 88° 17' 46" W a distance of 371.19 feet to a %2" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency, 6. S 79° 44' 09" W for a distance of 104.44 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof, 7. N 31° 09' 11" E for a distance of 548.49 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 8. N 02° 59' 58" E for a distance of 100.06 feet, along the west line of said 30' wide wastewater easement, to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for the northwest corner hereof, and 9. N 86° 49' 33" E for a distance of 752.12 feet to the POINT OF BEGINNING hereof and containing 11.314 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\TRACT2.DOC TRACT THREE 23.771 Acre Tract Page I of 3 Exhibit A TRACT THREE DESCRIPTION FOR A 23.771 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 23.771 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/2" iron rod, with plastic cap stamped "Baker-Aicklen", set on a point in the south right-of-way line of County Road 112 (120'right-of-way width), also being the north boundary line of said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farm -to - Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 1457.78 feet, also from which a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 53.90 feet,; THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion, the following nineteen (19) courses and distances: 1. S 05° 13' 48" E for a distance of 229.01 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 2. S 17° 11' 39" E for a distance of 284.70 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 3. N 88° 21' 14" E for a distance of 433.42 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the most easterly northeast corner hereof, TRACT THREE 23.771 Acre Tract. Page 2 of 3 4. S 09° 02' 54" W for a distance of 86.26 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 5. S 02° 59' 58" W for a distance of 316.28 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the most easterly southeast corner hereof, 6. S 88° 21' 14" W for a distance of 417.76 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 7. S 13° 22' 43" W for a distance of 317.68 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 8. S 10° 15' 51" E for a distance of 256.98 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for the most southerly southeast corner hereof, 9. S 79° 44' 09" W for a distance of 353.00 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for a point of curvature, 10. Along the arc of a curve to the right, with a radius of 955.00 feet, a central angle of 04° 22' 34", an arc length of 72.94 feet, and a chord that bears S 81° 55' 26" W a distance of 72.93 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 11. S 84° 06' 43" W for a distance of 167.29 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, for the most southerly southwest corner hereof, 12. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 90° 00' 00", an arc length of 47.12 feet, and a chord that bears N 50° 53' 17" W a distance of 42.43 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 13. N 05° 53' 17" W for a distance of 181.08 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, 14. Along the arc of a curve to the right, with a radius of 1000.00 feet, a central angle of 21° 03' 08", an arc length of 367.43 feet, and a chord that bears N 04° 38' 17" E a TRACT THREE 23.771 Acre Tract Page 3 of 3 distance of 365.37 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 15. N 15° 09' 51" E for a distance of 115.10 feet to a %" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, 16. Along the arc of a curve to the left, with a radius of 1000.00 feet, a central angle of 40° 08' 10", an arc length of 700.51 feet, and a chord that bears N 04° 54' 14" W a distance of 686.27 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of reverse curvature, for the most westerly northwest corner hereof, 17. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 95° 57' 56", an arc length of 50.25 feet, and a chord that bears N 23° 00' 38" E a distance of 44.58 feet to a'/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of tangency, for the most northerly northwest corner hereof, 18. N 70° 59' 36" E for a distance of 223.35 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, and 19. Along the arc of a curve to the right, with a radius of 1440.00 feet, a central angle of 14° 04' 07", an arc length of 353.58 feet, and a chord that bears N 78° 01' 39" E a distance of 352.69 feet to the POINT OF BEGINNING hereof and containing 23.771 acres of land., Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 05-oZ -Zoog Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\TRACT4.DOC ANNEXATION OR CITY LIMITS EXTENSION• TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: (See Exhibit "A" for field note description) We hereby certify, under oath, that: (1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibits "B" and "C" true and current copies of the Warranty Deed whereby we acquired said property, and (2) The above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM By: MICHAEL D. MCKINNEY' Chancellor The Texas A&M University System SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Michael D. McKinney, Chancellor of The Teas A&M University System, on behalf of the Board of Regents of The Texas A&M University System this cC 7' day of June, 2008, A.D. Notary Public, State of Texas KRISANN L. EVERETT MY COMMISSION EXPIRES AUGUST 11, 2009 DATE RECEIVED: CITY COUNCIL HEARING: DATE RECEIVED: CITY COUNCIL HEARING: TRACT ONE 15.000 Acre Tract Page 1 of 2. Exhibit A TRACT ONE DONATION TRACT DESCRIPTION FOR A 15.000 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 lN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 15.000 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod, with TxDOT aluminum cap, found on a point in the south right-of- way line of County Road 112 (120' right-of-way width), also being the north boundary line of the said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Fane -to -Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 228.96 feet; THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion, the following six (6) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 10°10'56", an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the southeast corner hereof, 3. S 86° 49' 33" W for a distance of 752.12 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof, TRACT ONE 15.000 Acre Tract Page .2 of 2 4. N 02° 59' 58" E for a distance of 292.33 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 5. N 09° 02' 54" E for a distance of 245.32 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 6. N 20° 36' 21" E for a distance of 418.68 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set in said south right-of-way line of County Road 112, being also the north boundary line of said Remnant Portion, for the northwest corner hereof, from which 1/4" iron rod with plastic cap stamped "Baker-Aicklen" found in the right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 767.18 feet, THENCE with the south right-of-way line of said County Road 112, being also the north boundary line of said Remnant Portion, N 85° 03' 43" E for a distance of 515.53 feet to the POINT OF BEGINNING hereof and containing 15.000 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: OS -02-2oo5 Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&MMETES-BOUNDS\TRACT1.DOC TRACT TWO 11.314 Acre Tract: Page 1 of 2 Eh1bitA TRACT TWO DESCRIPTION FOR A 11.314 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 11.314 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE at a %" iron rod with plastic cap stamped "Baker-Aicklen", found on a point in the south right-of-way line of County Road 112 (120'right-of-way width), for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of- way line of Farm -to -Market Road 1460 (80' right-of-way width); THENCE with the south right-of-way line of said County Road 112, S 85° 03' 43" W for a distance of 228.96 feet to a''/2" iron rod with plastic cap stamped "Baker-Aicklen" set; THENCE departing the south right-of-way line of said County Road 112 crossing through the interior of said Remnant Portion, the following two (2) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a'/2" iron rod with plastic cap stamped `Baker- Aicklen" set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 10°10'56", an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a 'A" iron rod with plastic cap stamped "Baker-Aicklen" set for the northeast corner and POINT OF BEGINNING hereof; THENCE continuing through said Remnant Portion, the following nine (9) courses and distances: 1. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 07° 05' 29", an arc length of 612.66 feet, and a chord that bears S 10°07'55" W a distance of 612.27 feet to an iron rod, with TxDOT aluminum cap, found for the point of tangency, 2. S 13° 40' 43" W for a distance of 79.01 feet to a '/z" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of curvature, for the most easterly southeast corner hereof, 3. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 89° 59' 36", an arc length of 47.12 feet, and a chord that bears S 58° 40' 31" W a distance of 42.42 feet to a ''/s" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency, for the most southerly southeast corner hereof, TRACT TWO 11.314 Acre Tract Page 2 of 2 4. N 76° 19' 41" W for a distance of 415.29 feet to a %2" iron rod with plastic cap stamped "Baker-Aicklen" set for a point of curvature, 5. Along the arc of a curve to the left, with a radius of 895.00 feet, a central angle of 23° 56' 11", an arc length of 373.90 feet, and a chord that bears N 88° 17' 46" W a distance of 371.19 feet to a %2" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency, 6. S 79° 44' 09" W for a distance of 104.44 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof, 7. N 31° 09' 11" E for a distance of 548.49 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 8. N 02° 59' 58" E for a distance of 100.06 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the northwest corner hereof, and 9. N 86° 49' 33" E for a distance of 752.12 feet to the POINT OF BEGINNING hereof and containing 11.314 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: /9-d_a__L_ 05 -az -Zoog Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\TRACT2.DOC TRACT THREE 23.771 Acre Tract Page 1 of 3 Exhibit A TRACT THREE DESCRIPTION FOR A 23.771 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 23.771 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod, with plastic cap stamped "Baker-Aicklen", set on a point in the south right-of-way line of County Road 112 (120'right-of-way width), also being the north boundary line of said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farm -to - Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 1457.78 feet, also from which a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 53.90 feet,; THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion, the following nineteen (19) courses and distances: 1. S 05° 13' 48" E for a distance of 229.01 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 2. S 17° 11' 39" E for a distance of 284.70 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 3. N 88° 21' 14" E for a distance of 433.42 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the most easterly northeast corner hereof, TRACT THREE 23.771 Acre Tract Page 2 of 3 4. S 09° 02' 54" W for a distance of 86.26 feet, along the west line of said 30' wide wastewater easement, to a'/4" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 5. S 02° 59' 58" W for a distance of 316.28 feet, along the west line of said 30' wide wastewater easement, to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the most easterly southeast corner hereof, 6. S 88° 21' 14" W for a distance of 417.76 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 7. S 13° 22' 43" W for a distance of 317.68 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 8. S 10° 15' 51" E for a distance of 256.98 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the most southerly southeast comer hereof, 9. S 79° 44' 09" W for a distance of 353.00 feet to a ''/2" iron rod with plastic cap stamped "Baker-Aicklen" set for a point of curvature, 10. Along the arc of a curve to the right, with a radius of 955.00 feet, a central angle of 04° 22' 34", an arc length of 72.94 feet, and a chord that bears S 81° 55' 26" W a distance of 72.93 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 11. S 84° 06' 43" W for a distance of 167.29 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, for the most southerly southwest corner hereof, 12. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 90° 00' 00", an arc length of 47.12 feet, and a chord that bears N 50° 53' 17" W a distance of 42.43 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 13. N 05° 53' 17" W for a distance of 181.08 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, 14. Along the arc of a curve to the right, with a radius of 1000.00 feet, a central angle of 21° 03' 08", an arc length of 367.43 feet, and a chord that bears N 04° 38' 17" E a TRACT THREE 23.771 Acre Tract Page 3 of 3 distance of 365.37 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 15. N 15° 09' 51" E for a distance of 115.10 feet to a %a" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, 16. Along the arc of a curve to the left, with a radius of 1000.00 feet, a central angle of 40° 08' 10", an arc length of 700.51 feet, and a chord that bears N 04° 54' 14" W a distance of 686.27 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of reverse curvature, for the most westerly northwest corner hereof, 17. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 95° 57' 56", an arc length of 50.25 feet, and a chord that bears N 23° 00' 38" E a distance of 44.58 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of tangency, for the most northerly northwest comer hereof, 18. N 70° 59' 36" E for a distance of 223.35 feet to a 1/4" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, and 19. Along the arc of a curve to the right, with a radius of 1440.00 feet, a central angle of 14° 04' 07", an arc length of 353.58 feet, and a chord that bears N 78° 01' 39" E a distance of 352.69 feet to the POINT OF BEGINNING hereof and containing 23.771 acres of land., Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 05-0Z -Zoog Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\TRACT4.DOC . qeorgetown Title Company, - ie'eoo 6 •• Date: IIUMNIMMMI .7:Gs SPECIAL WARRANTY DEED P/ii Ay 9,9 ,2008 2008042141 Grantor: AVERY RANCH. COMPANY, LTD., a Texas limited partnership, and CHARLES N. AVERY, III, JOHN S. AVERY, A. NELSON AVERY, and LUCILLE CHRISTINA AVERY FELL, TRUSTEES of the Children of LUCILLE SHARP AVERY EXEMPT TRUSTS, as tenants in common Grantors' Mailing Address: c/o John S. Avery 400 East Main Street Round Rock, Texas 78664 Grantee: THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM Grantee's Mailing Address: System Real Estate Office The Texas A&M University System 200 Technology Way, Ste. 2079 College Station, Texas 77845-3424 Consideration: Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property: Those two certain tracts of land situated in the T. Toby Survey, Abstract 625, in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" and Exhibit "B" attached hereto. The Property described in Exhibit "A" attached hereto is called the "Purchase Tract". The Property described in Exhibit "B" attached hereto is called the "Option Tract". Easement for Purchase Tract: Together with an easement for pedestrian and vehicle access over and across the lands owned by Grantors located between the eastern boundary line of the Purchase Tract and the existing western right of way line of FM 1460 (a/k/a A. W. Grimes Boulevard) for ingress and egress to and 1 from the eastern boundary line of the Purchase Tract and the existing western right of way line of FM 1460 (a/k/a A. W. Grimes Boulevard). The access easement shall be located between the easterly extensions of the north and south boundary lines of the Purchase Tract and shall be used for extension of utilities, Landscaping, and vehicle and pedestrian access only. The access easement shall be subject to all applicable driveway rules and regulations of the Texas Highway Department and the city of Round Rock. No improvements other than driveways, related drainage structures, and utility infrastructure may be constructed onthe land owned by Grantors which are burdened by this easement. This easement shall terminate when and if the western right of way line of FM 1460 (a/k/a A. W. Grimes Boulevard) is relocated adjacent to the eastern boundary line of the Purchase Tract. Easement for Option Tract: Together with an easement for pedestrian and vehicle access over and across the lands owned by Grantors located between the northern boundary line of the Option Tract and the .existing south right of way line of CR 112 for ingress and egress to and from the northern boundary line of the Option Tract and the existing south right of way line of CR 112. The access easement shall be located between the northerly extensions of the east and west boundary lines of the Option Tract and shall be used. for extension of utilities, landscaping, and vehicle and pedestrian access only. The access easement shall be subject to allapplicable driveway rules and regulations of Williamson County and the city of Round Rock. No improvements other than driveways, related drainage structures, and utility infrastructure may be constructed on the land owned by Grantors which are burdened by this easement. This easement shall terminate when and if the southern right of way line of CR 112 is relocated adjacent to the northern boundary line of the Option Tract. Retained Utility Easement: Grantor hereby retains on the Purchase Tract a perpetual 10 foot wide private, non- exclusive, utility easement described as being located west of, adjacent to, and contiguous with the Water Line Easement granted to the City of Round Rock in Document No. 2004007652, Official Public Records of Williamson County, Texas. This utility easement extends from the northeast corner of the Purchase Tract to the southeast corner of the Purchase Tract, This utility easement may be utilized. by Grantor, its successors and designated assigns, to extend selected underground utilities to the Purchase Tract and other tracts of land now or hereafter owned by Grantor or Grantee south of the Purchase Tract. Grantor, its successors and designatedassigns, shall have the privilege at any and all times to enter the 10 foot utility easement area, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing the utilities, and for making; connections therewith. Retained Drainage Easement: Grantor hereby retains on the Option Tract a perpetual 30 foot wide, non-exclusive, drainage easement described as being located west of, adjacent to, and contiguous with the Wastewater Line Easement located on the entire easternmost boundary of the Option Tract, which Wastewater Line Easement was heretofore granted to the City of Round Rock in Document No. 2004035520, Official Public Records of Williamson County, Texas. This drainage easement may be utilized by Grantor, its successors and designated assigns, to convey stormwater run-off from the stormwater detention pond to be located on that certain 6.860 acre tract of land owned by Grantor described in Exhibit "C" attached hereto (the "6 Acre Tract") to the stormwater detention pond to be located on that certain 4.184 acre tract of land owned by Grantor described in Exhibit "D" attached hereto (the "4 Acre Tract"). Grantor, its successors and designated assigns, shall have the privilege at any and all times to enter the 30 foot drainage easement area, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing the Grantor's stormwater drainage conveyance facilities (the "Facilities"). The Facilities shall be located underground unless the Grantor and the Grantee otherwise agree. Retained Inundation Easement: Grantor hereby retains on the Option Tract and the Purchase Tract a perpetual 20 foot wide, inundation easement described as being located adjacent to, and contiguous with the boundary lines of the 6 Acre Tract and the 4 Acre Tract. This inundation easement may be utilized by Grantor, its successors and designated assigns, to attempt to contain stormwater run- off from the stormwater detention ponds to be located on the 6 Acre Tract and the 4 Acre Tract. Grantor, its successors and designated assigns,shall have the privilege at any and all times to enter the 20 foot inundation easement area, or any part thereof, for the purpose of constructing,. operating, maintaining, replacing, upgrading and repairing the Grantor's stormwater drainage and detention facilities. Grantee may landscape (including trails and sidewalks) and maintain the surface of the inundation easement area, subject to the occasional inundation thereof by stormwater run-off from detention ponds to be located on the 6 Acre Tract and the 4 Acre Tract. Grantee shall have the right to use the property burdened by the easements reserved in this Deed in any manner that does. not interfere with Grantor's rights, including, without limitation, other easements. Surface Waver: Grantor waives and releases, on behalf of Grantor and Grantor's heirs, administrators, executors, successors and assigns, all rights of ingress and egress and all other rights of every kind, and character whatsoever to enter upon or to use the surface of the Property or any part thereof, including, without limitation, the right to enter upon, the surface of the Property for purposes of exploring for, developing and/or producing the oil, gas and/or other minerals in and under, and that may be produced from, the Property, or any other purpose incident thereto. Any future leases for oil, gas and/or` other minerals executed by Grantor, Grantor's heirs, 3 administrators, executors, successors or assigns, covering the oil, gas and/or other minerals in and under, andthat may be produced from, the Property shall expressly exclude the rights of ingress and egress as to the surface of the Property, and shall further expressly provide that the lessee therein shall have no right to conduct exploration, development or production operations on the surface of the Property, or any portion thereof, or to construct any improvements thereon. Grantor, . for the consideration set forth above, and subject to the exceptions to conveyance and warranty, grants, sells, and conveys in fee simple to Grantee the Property, together with all and singular the rights and Appurtenances thereto in any wise belonging, to have and hold it to Grantee and Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and; Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. This conveyance is made subject to the following documents which are of record in the Official Public Records of Williamson County, Texas, or which are of even date herewith and which will be filed of record contemporaneously with this Deed: a. Restrictive Covenants of record under Document No. 2005095413, Official Public Records of Williamson County, Texas, as amended. b. Master Cross Easement Agreement between Grantor and Texas .State University System, of record in Document No. 20040111191, Official Public Records of Williamson County, Texas, as amended, but only to the extent that same is applicable to the Property. c. Electrical Easement from Grantor to Oncor Electric Delivery Company of record in Document No. 2002077835, Official Public Records of Williamson County, Texas. This Easement only affects the Purchase Tract. d. Water Line Easement from Grantor, et al, to the City of Round Rock, of record in Document No. 2004007652, Official Public Records of Williamson County, Texas. It is understood and agreed that Grantor hereby assigns to the Grantee any reversionary rights in and to that portion of the Water Line Easement that is located within the Property. This Easement only affects the Purchase Tract. e. Wastewater Line Easement from Grantor, et al, to the City of Round Rock, of record in Document No. 2004035520, Official Public Records of Williamson County, Texas, It is understood and agreed that Grantor hereby assigns to the Grantee any reversionary rights in and to that portion of the Wastewater Line Easement that is located within the Property. This Easement only affects the Purchase Tract. Drainage Easement dated January 26, 2005 to Williamson County, Texas 4 recorded under Document No. 2005010993, Official Public Records of Williamson County, Texas. This Easement only affects the Option Tract. Right of Upper Brushy Creek Water Control and Improvement District to levy taxes and issue bonds. h. Drainage, Detention and Easement Agreement of even date herewith between the Grantee and Grantor. Restrictions Agreement of even date herewith between the Grantee and Grantor. Current ad valorem taxes on the Property have been prorated to date When • the context requires, singular nouns and pronouns include the plural. EXECUTED effective as of this 131 day of M p , 2008 AVERY RANCH COMPANY, LTD., a Texas limited partnership By: CJAC, Inc., a Texas corporation, its general partner By: Jo e . Avery, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust Charles N. Avery, III, Trustee oft ' hildren.of Lucille Sharp Avery Trusts, the Charles `► '_ery, III Exempt Trust, the John S. Avery Exem rust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust 5 State of Texas County of Williamson § i A. Nelson Avery, Trustee of th»ren of Lucille Sharp Avery Trusts, the Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust Lucille Christina Avery Fell, Truste the Chil• en of Lucille Sharp. Avery Trusts, the Charl • . Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust This instrument was acknowledged before me on this 2-''t day of M 2008, by John S Avery, known to me to be the person whose name is subscribdd to the foregoing instrument- and acknowledged to me that he executed the same as the act and deed of Avery Ranch Company, Ltd., a Texas limited partnership, as ,Pes. of CJAC, Inc., its General Partner, and for the purposes and considerati ®• erein expressed an r he capacity therein stated, and that he was authorized to do so. fit,tay. P ibt;c State.c State ofTi xas (sc. County of Williamson Notary ° e - State of Texas This instrument was acknowledged before me on this 2 day of Ma y 2008, by Charles N. Avery, III, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N. Avery, 111 Exempt Trust, the John S. Avery Exem =t T: the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exem ,ta y ?i.. bi!c., Slate Ci% hk t m a 3sonMAX 5:ti Notary P®ate of Texas State of Texas County of Williamson This instrument was acknowledged before me on this 2-61 day of Meo-f 2008, by John S. Avery, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N. Avery, M Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust. MiKE NotarvPWic, State of Texas County of tiltaNiruit, This instrument was acknowledged before me on this 2-9 day of 41/74-4. 2008, by A. Nelson Avery, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N. Avery, M Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust. AV:4'rtk.zt-, t4m-r4 OtOtir, State of Texas County of WI I I tcleA5fivs,. ublic - State of Texas This instrument was acknowledged before me on this 2c day of /I/ y' 2008, by Lucille Christina Avery Fell, Trustee of the Children of Lucille Sharp Avery Trusts, the Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt MIKE ttIMBERLMID Notary Public; State of Texas My Gonvoission Expires IsiVO 5 2010 Not - State of Texas 7 Exhibit "A" [Legal Description of Purchase Tract] Exhibit "B" [Legal Description of the Option Tract] Exhibit "C" [Legal Description of the 6.860 acre Tract] Exhibit "D" [Legal Description of the 4.184 acre Tract]' 8 TRACT TWO 11.314 Acre Tract Page 1 of 2 Exhibit A IRACT TWO DESCRIPTION FOR A 11.314 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 11.314 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT. IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE at a V2" iron rod with plastic cap stamped 'Baker-Aicklen". found on a point in the south right-of-way line of County Road 112 (120'right-of-way width), for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of- way line of Farm -to -Market Road 1460 (80right-of-way width); THENCE with the south right-of-way line of said County.koad 1 I 2,.S‘856 03' 43- W for a distance of 228.96 feet to a 1/2- iron rod with plastic cap stamped "13ker-Aicklenr set: THENCE departing the south right-of-way line of said County Road 112 crossing through the interior of saki Remnant Portion, the following two (2) courses and distances: I. S 49° 24' 12" E fora distance of 77.75 feet to a W' iron rod with plastic cap stamped -Baker- Aicklen" set for an angle point hereof. 2. Along the arc of a curve to the right. with a radius of 4950.00 feet. a central angle of 10'10'56", an arc length of 879.68 feet, and a chord that bears S 01' 29' 42- W a distance of 878.53 feet to a W iron rod with plastic cap stamped 'Baker-Aicklen" set for the northeast corner and POINT OF BEGINNING hereof; THENCE continuing through said Remnant Portion, the following nine (9) courses and distances: 1. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 07° 05' 29", an arc length of 612.66 feet, and a chord that bears S 10°07'55" W a distance of 612.27 feet to an iron rod, with TxDOT aluminum cap. found for the point of tangency, 2. S 13° 40' 43" W for a distance of 79.01 feet to a W. iron rod with plastic cap stamped "Baker-Aicklen" set at the point of curvature, for the most easterly southeast corner hereof, 3. Along the arc of a curve to the right. with a radius of 30.00 feet, a central angle of 89° 59' 36", an arc length of 47.12 feet, and a chord that bears S 58° 40' 31" W a distance of 42.42 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency, for the most southerly southeast corner hereof, TRACT TWO 11.314 Acre Tract Page 2 of 2 4. N 76° 19' 41" W for a distance of 41.5.29 feet to a '/- iron rod with plastic cap stamped "Bicker-Aicklen" set for a point of curvature, 5. Along the arc of a curve to the left, with a radius of 895.00 feet, a central angle of 23°56' 11", an arc length of 373:90 feet, and a chord that bears N 88° 17' 46" W a distance of 371.19 feet to a ''/z" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency. 6. S 79° 44' 09 W for a distance of 104.44 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 m the Official Public Records of Williamson County. Texas, for the :southwest corner hereof, 7 N: 31° 09' 11" E for a distance wastewater easement, to a W. iron angle point hereof. 8. N 02° 39' 58" E for a distance wastewater easement. to a '/." iron northwest corner hereof. and of 548.49 feet, along the west line of :said 30' wide rod with plastic cap stamped "Baker-Aicklen' set for an of 100.06 feet, along the west line of said 30' wide rod with plastic cap stamped "Baker-Aicklen" set for the 9. N 86° 49' 33" E for a distance of 752.12 feet to the POINT OF BEGINNING hereof and containing 11.314 acres of land.. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01.040. Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park,Texas 78613 (512) 260-3.700 c,Jt OS -OZ -a z g Job No.: 1774.2-001-10 Filename; W:\PROJECTS'AVERY A&MMETES-BOUNDS\TRACT2.DOC OF�� ..»6000.:„0010... PARKER GRA -'x'90 5556 *+ •,: +'t •• esstr' TRACT THREE 23.771 Acre Tract Page 1 of 3 Exhibit B RACT THREE DESCRIPTION FOR A 23.771 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON' COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 23.771 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT. IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a W. iron rod, with plastic cap stamped "Baker-Aicklen", set on a point in the south right-of-way line of County Road 112 (120'right-of-way width), also being the north boundary line of said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a W' iron rod with plastic cap stamped "Baker-Aicklen" found in the southright-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farm -to - Market Road 1460 (80' right-of-way width) bears. N 85° 03' 43" E a distance of 1457.78 feet, also from which a '/i" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way line of. County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature' bears, S 85° 03' 43" W a distance of 53.90 feet;; THENCE departing the south right-of-way line of said County Road 112. crossing through the interior of said Remnant Portion, the following nineteen (19) courses and distances: 1. S 05° 13' 48" E for a distance of 229.01 feet to a ,%' iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof 2. S 17 11' 39" E for a distance of 284.70 feet to a %z iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 3. N 88° 21' 14" E for a distance of 433.42. feet to a 'fz" iron rod with plastic cap stamped "Baker-Aicklen'° set in the west line of a 30' wide wastewater easement of record as Document. No. 2004035520 in the Official Public Records of Williamson County, Texas, for the most easterly northeast comer hereof, TRACT THREE 23.771 Acre Tract Page 2 of 3 4. S 09° 02' 54" W for a distance of 86.26 feet, along the west line of said 30' wide wastewater easement, to a 'A iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 5. S 02° 59' 58" W for a distance of 316.28 feet, along the west line of said 30' wide wastewater easement, to a %" iron rod with plastic cap stamped '`Baker-Aicklen" set for the most easterly southeast corner hereof, 6, S 88° 21' 14" W for a distance of 417.76 feet to a 'A" iron rod with plastic cap stamped '`Baker-Aicklen" set at an angle point hereof, 7. S 13° 22' 43" W for a distance of 317.68feet to a '/ iron rod with plastic cap stamped "Baker:Aicklen" set at an angle point hereof, 8, $' 100 15' 51" E fora distance of 256.98 feet to a 13 " iron rod with plastic cap stamped "Baker-Aicklen" set for the most southerly southeast corner hereof, 9. S 79° 44' 09" W for a distance of 353.00 feet to a '/A" iron rod with plastic cap stamped "Baker-Aicklen`' set for a point of curvature. 10. Along the arc of a curve to the right, with a radius of 955.00 feet, a central angle of 04° 22' 34". an arc length of 72.94 feet, and a chord that bears S 81° 55' 26" W a distance of 72.93 feet to a 'A" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency, 1 I. S 84° 06' 43" W for a distance of 167.29 feet to a '/z" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, for the most southerly southwest corner hereof. 12. Along the arc of a curve to the right, with a radius of 30.00 feet. a centralangle of 90° 00' 00", an arc length of 47.12 feet, and a chord that bears N 50° 53' 17" W a distance of 42.43 feet to a !/z" iron rod with plastic cap stamped "Balker-Aicklen set for the point of tangency, 13. N 05° 53' 17" W for a distance of 181.08 feet to a 'A" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature, 14. Along the arc of a curve to the right, with a radius of 1000.00 feet, a central angle of 210 03''08", an -arc length of 367.43 feet, and a chord that hears N 04° 38' 17" E a TRACT THREE 23.771 Acre Tract Page,3of 3 distance of 365.37 feet to a '/z" iron rod with plastic cap stamped "Baker-Aicklen" set for the point of tangency. 15. N 15° 09' 51" E for a distance of 115.10 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aieklen" set ata point of curvature, 16. Along the arc of a curve to the left, with a radius of 1000.00 feet. a central angle of 40° 08' 10", an arc length of 700.51feet, and a chord that bears N 04° 54' 14" W a distance of 686.27 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aickien" set at a point of reverse curvature, for the most westerly northwest corner hereof, 17. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 95° 57' 56", an arc length of 50.25 feet and a chord that bears N 23° 00' 38" E a distance of 44.58` feet to a'/:" iron rod with plastic cap stamped "Baker-Aicklen" set at a point of tangency. for the most northerly northwest corner hereof. 18. N 70° 59' 36" E for a distance of 223.35 feet to a Y iron rod with plastic cap stamped "Baker-Aicklen" set at a point of curvature. and 19. Along the arc of a curve to the right, with a radius of 1440.00 feet, a central angle of 14° 04' 07", an arc length of 353.58 feet, and a chord that bears N 78° 01' 39" E a distance of 352.69 feet to the POINT OF BEGINNING hereof and containing 23.771 acres of land.. Bearings show hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040 Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham Registered Professional Land Surveyor BAKER-AICKLEN & ASSOCIATES, 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 p5_ ©Z No. 5556 INC. Job No.: 1774-2-00I -10 Filename: W:IPROJECTS'AVERY A&M IMETES-BOUNDS \TRACT4.DOC OF .......w.w............� .1. PARKER GRAHAM .77 y..„ - V TRACT FOUR 6.860 Acre Tract Page 1 of 2 TRACT FOUR DESCRIPTION FOR A 6.860 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 6.860 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY ME FES AND BOUNDS AS FOLLOWS: BEGINNING at a l/2" iron rod. with plastic cap stamped "Baker-Aicklen", set on a point in the south right-of-way line of County Road 112 (120'righi-of-vvay width), also being the north boundary line of said Remnant Portion, being also m the west line of a 30' wide wastewater easement of record as Doctnnent No. 2004035520 in the Official Public Records of Williamson County, Texas, for the northeast corner and POINT OF BEGINNING hereof, from which a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farrn-to-Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 744.49 feet: THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion. the following five (5) courses and distances: 1. S 20° 36' 21" W for a distance of 418.68 feet, along the west line of said 30wide wastewater easement, to a 'A- iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof. 2. S 09° 02' 54" W for a distance of 159.06 feet, along the west line of said 30' wide wastewater easement, to a '/2 iron rod with plastic cap stamped "Baker-Aicklen" set for the southeast comer hereof, 3. S 88° 21' 14" W for a distance of 433.42 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set. for the southwest corner hereof. 4. N 17° 11' 39" W for a distance of 284.70 feet to a W' iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, and TRACT FOUR 6.860 Acre Tract Page 2 of 2 5. N 05° 13' 48" W for a distance of 229.01 feet to a'A" iron rod with plastic cap stamped "Baker-Aicklen" set in the south right-of-way line of County Road 1 12, also being the north boundary line of said Remnant Portion, for the northwest corner hereof, from which a '/2" iron rod with plastic cap stamped '`Baker-Aicklen" found in the south right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 53.90 feet_ THENCE N 85° 03' 43" E along the south right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, for a distance of 713.29 feet to the POINT OF BEGINNING hereof and containing 6.860 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock. Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April. 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 ©S - ©Z-2cav8 Job No.: 1774-2-001-10 Filename: W:CPROJECTS\AVERY A&MWIETES-130 NDS\TRACT4.DOC TRACT FIVE 4.184 Acre Tract Page 1 of 2 Exhibit D TRACT FIVE DESCRIPTION FOR A 4.184 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH .COMPANY. LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 4.184 ACRE TRACT; AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE. at a'A inch iron rod. with plastic cap stamped `Baker-Aicklen", found on a point in the south tight -of -way line of County Road 112 (120'right-of way width), for the most northerly northeast corner of said Remnant Portion. at the north transition point to the West right-of- way line of Farm -to -Market Road 1460 (80" right-of-way width); THENCE with the south right-of-way line of said County Road 112, being also the north boundary of said Remnant Portion, S 85° 03' 43" W for a distance of 774,49 feet to a '/2 "iron rod with plastic cap stamped "Baker-Aicklen set in the west line of a 30 wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County. Texas: THENCE departing the south right-of-way line of said County Road 112 crossing through the interior of said Rernnant Portion, along the west line of said 30' wide wastewater easement, the following three (3) courses and distances: 1. S 20° 36` 21" W for a distance of 418.68 feet to a 'f�" iron rod with plastic cap stamped "Baker Aicklen" set for an angle point, 2. S 09° 02' 54" W for a distance of 245.32 feet to a W' iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point, and. 3. S 02° 59' 58' W for a distance. of 316.28 feet to a V2" iron rod with plastic cap stamped "Baker-Acklen",set for the northeast corner and POINT OF BEGINNING hereof THENCE.continuine through said Remnant Portion. the following six (6) courses and distances: I. S 02° 59' 58" W for a distance of 76.11 feet, along the west line of said 30' wide wastewater easement, to a 'A" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof; 2. S 31° 09' 11" W for a distance of 548.49 feet, along the west "lige of said 30' wide wastewater easement, to a ''A- iron rod with plastic cap stamped `Baker-Aicklen" set for the southeast corner hereof. TRACT FIVE 4.184 Acre Tract Page 2 of 2 . S "79° 44' 09" W for a distance of 160:14 feet to a '''A" iron rod with plastic cap stamped "Baker-Aicklen- set for the southwest corner hereof; 4, N I0° 15' 51" W for a distance of 256.98 feet to a '/" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 5. N 13° 22' 43" E for a distance of 317.68 feet to a '/." iron rod with plastic cap stamped "Baker Aicklen" set for the northwest corner hereof,, and 6. N 88° 21' 14" E for a distance of 417.76 feet to the POINT OF BEGINNING hereof and containing 4.184 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham' Registered Professional Land Surveyor No. 5556 BAKER A CKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 at -t. 05-02 -2Lv8 • fo- •4`ti i4 PAIKE•R •••••••••••••••• RA A A 5556 '""' ri;:: e's s l o ��A0 Job No.: 1774-2-001-10 Filename: W:\PROJECTSAVERY A&M IMETES-BOUNDSYfRACTh.DOC Cil Georgetown Title Company, Inc. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 200804214/ 05/29/2008 03:54 PM CMCNEELY $80..00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS teorgetown Title Company, Inc. 'ecen6 2 gS''e - G 1111111hP11111111111111111111111111N1111111111 DEED 74 PGS. SPECIAL WARRANTY DONATION DEED Date: M a Y �' , 2008. Grantor:, AVERY RANCH COMPANY, LTD., a Texas limited partnership Grantors' Mailing Address: 2008042140 clo John S. Avery 400 East Main Street Round Rock, Texas 78664 Grantee: THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM Grantee's Mailing Address: System Real Estate Office The Texas A&M University System 200 Technology Way, Ste. 2079 College Station, Texas 77845-3424 Consideration: In consideration of the respect and admiration of Grantor for the educational opportunities, programs and projects provided by The Texas A&M University System. and The Texas. A&M University System Health Science Center. This conveyance is intended as a charitable donation to the Grantee by the Grantor. Property: 1 That certain tract of land situated in the T. Toby Survey, Abstract 625, in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto. The Property described in Exhibit "A" attached hereto is called the "Donation Tract". Easement for Donation Tract: Together with an easement for pedestrian and vehicle access over and across the lands owned by Grantors located between the eastern boundary line of the Donation Tract and the existing western right of way line of FM 1460 (a/k/a A. W. Grimes' Boulevard) for ingress and egress to and from the eastern boundary line of the Donation Tract and the existing western Right of way line of FM 1460 (a/k/a A. W. Grimes Boulevard).The access E*hibit C easement shall be located between the easterly extensions of the north and south boundary lines of the Donation Tract and shall be used for extension of utilities, landscaping, and vehicle and pedestrian access only. The access easement shall be subject to all applicable driveway rules and regulations of the Texas Highway Department and the city of Round Rock. No improvements other thandriveways, related drainage structures, and utility infrastructure may be constructed on the land owned by Grantors which are burdened by this easement. This easement shall terminate when and if the western right of way line of FM 1460 (a/k/a A. W. Grimes Boulevard) is relocated adjacent to the eastern boundary line of the Donation Tract. Reversionary Interest: If Grantee or its permitted assigns or lessees, have not commenced construction of a medical or educational building on the Donation Tract or the real property described on Exhibit "B" attached hereto within ten (10) years from the date of recordation of this Deed, then fee simple title to the Donation Tract will automatically vest in the Averys, their successors or assigns. Retained Easement: Grantor hereby retains on the Property a perpetual 10 foot wide private, non-exclusive, utility easement described as being located west of, adjacent to, and contiguous with the Water Line Easement granted to the City of Round Rock in Document No. 2004007652, Official Public. Records of Williamson County; Texas. This utility easement extends from the northeast corner of the Donation Tract to the southeast corner of the Donation Tract. This utility easement may be utilized by Grantor, its successors and designated assigns, to extend selected underground utilities to the Donation Tract and other tracts of land now or hereafter owned by Grantor or Grantee south of the Donation Tract. Grantor, its successors and designated assigns, shall have the privilege at any and all times to enter the 10 foot utility easement area, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing the utilities, and for making connections therewith. Retained inundation Easement: Grantor hereby retains on the Donation Tract a perpetual 20 foot wide inundation easement described as being located adjacent to, and contiguous with the boundary lines of the 6.860 Acre Tract described in Exhibit "C" attached hereto (the "6 Acre Tract"). This inundation easement may be utilized by Grantor, its successors and designated assigns, to attempt to contain stormwater run-off from the stormwater detention pond to be located on the 6 Acre Tract. Grantor, its successors and designated assigns, shall have the privilege at any and all times to enter the 20 foot inundation easement area, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing the Grantor's stormwater drainage and detention facilities. Grantee may landscape (including trails and 2 sidewalks) and maintain the surface of the inundation easement area, subject to the occasional inundationthereof by stormwater run-off from the detention pond to be located on the 6 Acre Tract. Surface Waiver: Grantor waives and releases, on behalf of Grantor and Grantor's heirs, administrators, executors, successors and assigns, all rights of ingress and egress and all other rights of every kind and character whatsoever to enter upon or to use the surface of the Property or any part thereof, including, without limitation, the right to enter upon the surface of the Property for purposes of exploring for, developing and/or producing the oil, gas and/or other minerals in and under, and that may be produced from, the Property, or any other purpose incident thereto. Any future leases for oil, gas and/or other minerals executed by Grantor, Grantor's heirs, administrators, executors, successors or assigns, covering the oil, gas and/or other minerals in and under, and that may be produced from, the Property shall expressly exclude the rights of ingress and egress as to the surface of the Property, and shall further expressly provide that the lessee therein shall have no right to conduct exploration, development or production operations on the surface of the Property, or any portion thereof, or to construct any improvements thereon. Grantor, for the consideration set forth above, and subject to the Reversionary Interest and the exceptions to conveyance and warranty, grants, sells, and conveys in fee simple to Grantee the Property, together with all and singular the rights and Appurtenances thereto in any wise belonging, to have and hold it to Grantee and Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, except as to the reservationsfrom and exceptions to conveyance and warranty. This conveyance is made subject to the following documents which are of record in the Official Public Records of Williamson County, Texas, or which are of even date herewith and which will be filed of record contemporaneously with this Deed: Restrictive Covenants of record under Document No. 2005095413, Official Public Records of Williamson County, Texas, as may be amendedfrom time to time. Master Cross Easement Agreement between Grantor and Texas State University System, of record in Document No. 2004014441, Official Public Records of Williamson County, Texas, but only to the extent same is applicable to the Property. 3 c. Electrical Easement from Grantor to Oncor Electric Delivery Company of record in Document No. 2002077835, Official Public Records of Williamson County, Texas. d. Water Line Easement from Grantor, et al, to the City of Round Rock, of record in Document No. 2004007652, Official Public Records of Williamson County, Texas. It is understood and agreed that Grantor hereby assigns to the Grantee any reversionary rights in and to that portion of the Water Line Easement that is located within the Property. e. Wastewater Line Easement from Grantor, et al, to the City of Round Rock, of record in Document No. 2004035520, Official Public Records of Williamson County, Texas. It is understood and agreed that Grantor hereby assigns to the Grantee any reversionary rights in and to that portion of the Wastewater Line Easement that is located within the Property. f. Drainage Easement dated January 26, 2005 to Williamson County, Texas recorded under Document No. 2005010993, Official Public Records of Williamson County, Texas. Right of Upper Brushy Creek Water Control and Improvement District to levy taxes and issue bonds. h. Drainage, Detention and Easement Agreement of even date herewith between the Grantee and Grantor. i. Restrictions Agreement of even date herewith between the Grantee and Grantor. Current ad valorem taxes on the Property have been prorated to date When the context requires, singular nouns and pronouns include the plural. EXECUTED effective as of this 2 q` day of frilly , 2008. 4 AVERY RANCH COMPANY, LTD., a Texas limited partnership By: CJAC, Inc., a Texas corporation, its general partner By: a“Ar S. Avery, President State of Texas County of Williamson This instrument was acknowledged before me on this 2.9 day of #4-'' 2008, by John S. Avery, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Avery Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC, Inc., its. General Partner, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do MIKE CUMBERLAND Mary Public, State of Texas Corfutession Expires MAY S, 2010 Exhibit "A" [Legal Description of Donation Tract] Exhibit "B" [Legal Description of Purchase Tract] Exhibit "C" [Legal Description of 6 Acre Tract] TRACT ONE 15.000 Acre Tract Page 1 of 2 Ex:hibIt A TRACT ONE DONATION TRACT DESCRIPTION FOR A 15.000 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, "BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200,19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS, SAID 15.000 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod, with TxDOT aluminum cap, found on a point in the south right-of- way line of County road 112 (120' right-of-way width), also being the north boundary line of the said Remnant Portion, for the most northerly northeast corner and POINT OF BEGINNING hereof, from which a '/2" iron rod with plastic cap stamped "Baker-Aiekien" found in the south right-of-way of said County Road 112. for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farm -to -Market Road 1460 (80' right-of-way width) bears, N 85`03' 43" E a distance of 228.96 feet; THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion, the following six (6) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a '/2" iron rod with plastic cap stamped "Baker-Aicklee set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 10°10'56 an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a 'A'' iron rod with plastic cap stamped "Baker-Aicklen" set for the southeast corner hereof,. S 86° 49' 33" W for a distance of 752.12 feet to a V2' iron rod with plastic cap stamped "Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof. TRACT ONE 15.000 Acre Tract Page 2 of 2 4. N 02° 59' 58" E for a distance of 292.33 feet, along the west line of said 30' wide wastewater easement, to a W' iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 5. N 09° 02' 54" E for a distance of 245.32 feet, along the west line of said 30' wide wastewater easement, to a %2" iron rod with plastic cap stamped "Baker-Aicklen" set for an angle point hereof, 6. N '20° 36' 21" E for a distance of 418.68 feet, along the west line of said 30' wide wastewater easement. to a '/" iron rod with plastic cap stamped "Baker-Aicklen" set in said south right-of-way line of County Road 112, being also the north boundary line of said Remnant Portion, for the northwest corner hereof, from which '/2" iron rod with plastic cap stamped "Baker-Aicklen" foundin the right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance. of 767.1.$ feet. THENCE with the south right-of-way line of said County Road 11.2, being also the north boundary line of said Remnant Portion. N 85° 03' 43" E for a distance of 51.5.53 feet to the POINT OF BEGINNING hereof and containing 15.000 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April, 2008: 414-Z. ' a i - 05 -OZ goz,5 Parker J. Grahag Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES. INC. 405 Brushy Creek. Road Cedar Park, Texas 78613 (512) 260-3700 Job No.: 1774-2-001.10 Filename: W:\PROJECTSAAVERY A..&M\METES-BOUNDS'TRACT 1.DOC Exhibit "B" [Legal Description of Purchase Tract] TRACT TWO 11.314 Acre Tract Page 1 of 2 Exhibit B TRACT TWO DESCRIPTION FOR A 11.314 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 11.314 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, 1S MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE at a 1/2" iron rod with plastic cap stamped "Baker-Aicklen", found on a pointin the south right-of-way line of County Road 112 (120'right-of-way width), for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of- way ight-ofway line of Farm -to -Market Road 1460 (80' right-of-way width); THENCE with the south right-of-way line of said County Road 112, S 85° 03' 43" W for a distance of 228,96 feet to a'/2" iron rod with plastic cap stamped `Baker-Aicklen" set; THENCE departing the south tight -of -way line of said County Road 112 crossing through the interior of said Remnant Portion, the following two (2) courses and distances: 1. S 49° 24' 12" E for a distance of 77.75 feet to a W ironrod with plastic cap stamped -Baker- Aickleiz"'set for an angle point hereof, 2. Along the arc of a curve to the right, with a radius of 4950.00 feet.. a central angle of 10°10'56", an arc length of 879.68 feet, and a chord that bears S 01° 29' 42" W a distance of 878.53 feet to a '✓" iron rod with plastic cap stamped '`Baker-Aicklen" set for the northeast. corner: and POINT OF BEGJiNNL.NG hereof THENCE continuing through said Remnant Portion, the following nine (9) courses and distances: 1. Along the arc of a curve to the right, with a radius of 4950.00 feet, a central angle of 07° 05' .29", an are length of 612.66 feet, anda chord that bears S 10°07'55" W a distance of 612.27 feet to an iron rod, with TxDOT aluminum cap, found for the point of tangency, 2. S 13° 40' 43" W for a distance of 79.01 feet to a '/z" iron rod with plastic cap stamped "Baker-Aicklen"set at the point of curvature, for the most easterly southeast corner hereof; 3. Along the arc of a curve to the right, with a radius of 30.00 feet, a central angle of 89°9' 36", an arc length of 47.12 feet, and a chord that bears S 58° 40' 31" W a distance of 42.42 feet to a 'W iron rad with plastic cap stamped "Baker-Aicklen" set at the point of tangency.' for the most southerly southeast corner hereof, TRACT TWO 11.314 Acre Tract Page 2 of'2 4. N 76° 19' 41" W for a distance of 415.29 feet to :a '/2" iron rod with plastic cap sta "Baker-Aicklen" set for a point of curvature, 5, Along the arc of a curve to the left, with a radius of 895.00 feet, a central angle of 23° 56' 11", an arc length of 373.90 feet, and a chord that bears N 88° 17' 46" W a distance of 371.19 feet to a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" set at the point of tangency.. Ped S 79° 44' 09" W for a distance of 104.44 feet to a ''/i" iron rod with plastic cap stamped '`Baker-Aicklen" set in the west line of a 30' wide wastewater easement of record as Document No; 2004035520 in the Official Public Records of Williamson County, Texas, for the southwest corner hereof, 7. N 31° 09' 11" E for a distance of 548.49 feet, along the west line of said 30' wide wastewater easement, to a '/" iron rod with plastic cap stamped `'Baker-Aicklen" set: for an angle point hereof, 8. N 02° 59' 58" E for a distance of 100.06 feet, along the west line of said 30' wide wastewater easement, to a '/" iron rod with plastic cap stamped "Baker-Aicklen" set for the northwest corner hereof. and 9. N.86° 49' 33" E for a distance of 752.12 feet to the POINT OF BEGINNING hereof and containing 11.314 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Montunents 01-011 and 01-040 Surveyed under the direct supervision of the undersigned during April, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek. Road cedar Park, Texas 78613 (512) 260-3700 . 0s -o2 -fig i ob'No.: 1774-2-001-10 Filename: W:\PROJECTS\A-VERY A&M':METES-BOUNDSITRACT2.DOC Exhibit "C" [Legal Description of 6 Acre Tract] TRACT FOUR 6.860 Acre Tract Page 1 of 2 TRACT FOUR DESCRIPTION FOR A 6.860 ACRE TRACT OF LAND SITUATED IN TIIE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 6.860 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY' DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'//" iron rod. with plastic cap stamped "Baler-Aicklen", set on a point in the south right-of-way line of County Road 112 (1.20`right-of-way width), also being the north boundary line of said Remnant Portion, being also in the west line of a 30' wide wastewater easement of record as Document No. 2004035520 in the Official Public Records of Williamson County, Texas, for the northeast corner and POINT OF BEGINNING hereof, from which a W iron rod with plastic cap stamped "Baker-Aicklen" found in the south right-of-way of said County Road 112, for the most northerly northeast corner of said Remnant Portion, at the north transition point to the west right-of-way line of Farm -to -Market Road 1460 (80' right-of-way width) bears, N 85° 03' 43" E a distance of 744.49 feet: THENCE departing the south right-of-way line of said County Road 112, crossing through the interior of said Remnant Portion. the following five (5) courses and. distances: 1. S 20° 36' 21" W for a distance of 418.68 feet, along the west line of said 30' wide wastewater easement, to a '2"'iron rod with plastic cap stamped "Baker-Aicklen" set at an angle point hereof, 2. 8 09° 02' 54" W for a distance of 159.06 feet, along the west line of said 30' wide wastewater easement, to a %" iron rod with plastic cap stamped "Baker-Aicklen-' set for the southeast corner hereof, 3. S 88° 21' 14" W for a distance of 433.42 feet to a '''A" iron rod with plastic cap stamped "Baker-Aickleif" set. for the southwest corner hereof. 4. N 17° 11' 39" W for a distance of 284.70 feet to a ''/z" iron rod with plastic cap stamped "Baker-Aicklen" set: at an angle point 'hereof, and TRACT FOUR 6.860 Acre Tract Page 2 of 2 5. N 05° 13' 48"`W for a distance of 229.01 feet to a'/z" iron rod with plastic cap stamped "Baker-Aicklen" set in the south right-of-way line of County Road 112, also being the north boundary line of said Remnant Portion. for the northwest corner hereof, from which a '/z" iron rod with plastic cap stamped "Baker-Aicklen ' found in the south right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, at a point of curvature bears, S 85° 03' 43" W a distance of 53.90 feet;. THENCE N 85° 03' 43" E along the south right-of-way line of County Road 112, also being the north boundary of the said Remnant Portion, for a distance of 713.29 feet to the POINT OF BEGINNING hereof and containing 6.860 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during April. 2008: Parker J. Graham Registered Professional Land Sury=eyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (312) 260-3700 P5 -a2 -fig Job No.: 1774-2.001-10 Filetaine: W: PR0JECTSIAVERY A&M\METES-BOUNDS'.TRACT4.D:OC Gilt Geor etowf Title Cornpafy; Inc. " f1 e FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008042140 05/29/2008 03:54 PM CMCNEELY $58.00 NANCY E. RISTER, COUNTY CLERK UILLIAMSON COUNTY,, TEXAS FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008059173 07/30/2008 02:51 PM CMCNEELY $220.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS