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A-08-09-25-13B3 - 9/25/2008ORDINANCE NO. A— 00-0,9-z2-- AN 0c'9--z -- AN ORDINANCE AMENDING AND CORRECTING ORDINANCE NO. A -08-02--28-10C2 TO CORRECT THE PROPERTY DESCRIPTION TO REFLECT THE PROPERTY BEING ANNEXED AS 3.8808 ACRES INSTEAD OF 3.7638 ACRES; 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 Council adopted Ordinance No. A -08-02-28- 10C2 on February 28, 2008 annexing a tract of land (the "Property") owned by the City which is the right-of-way of A.W. Grimes Blvd. between Brushy Creek and Lake Creek, and WHEREAS, by mistake, the Property was described in said Ordinance as containing 3.7638 acres, when in fact the Property contains 3.8808 acres, and WHEREAS, the City Council wishes to correct said mistake by adopting this ordinance amending and correcting said Ordinance No. A -08-02-28-10C2 to reflect the correct description of the Property, which is more fully described in Exhibit A, attached hereto and incorporated herein for all purposes; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 0:\WDOX\ORDINANC\080925B3.DOC/rmc 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. H. That the City Council has heard the arguments for and against the annexation and has determined to approve the 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 include the aforementioned territory as part of the City of Round Rock, Texas. 2 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 2-Vb 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 ALAN MCGRAW, Mayor City of Round RoCk, Texas ATTEST: Y'14(14A* SARA L. WHITE, City Secretary 5 V J DATE: September 17, 2008 SUBJECT: City Council Meeting — September 25, 2008 ITEM: 13B3. Consider an ordinance annexing 3.8808 acres of A.W. Grimes Blvd. right- of-way, located between the approximate centerline of Brushy Creek and the approximate centerline of Lake Creek. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Lee Heckman, Principal Planner Justification: This tract of land, known as the South A.W. Grimes Right -of -Way Tract - Correction, consists entirely of City -owned public right-of-way. An ordinance to annex the area was adopted by the City Council on February 28, 2008. However, due to a typographical error, only 3.7638 acres were annexed by ordinance. Adopting this ordinance simply corrects that error and ensures the entire acreage intended to be annexed is properly annexed. It is the City's desire to annex the entire acreage, which has been conveyed to it, in order to bring all City owned rights-of-way into the city limits for maintenance and emergency services, as well as provide for a more contiguous city boundary. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land was located within the City of Round Rock's ETJ in Williamson County. The majority of it has been annexed but this ordinance will rectify an error in the initial ordinance. 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 1111111111111111111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 011111111111111111111111111111 111 ORD 54 PGS 2008078104 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 -08-09-25-13B3, which amends and corrects Ordinance No. A -08-02-28- 10C2 to correct the property description to reflect the property being annexed as 3.8808 acres instead of 3.7638 acres. This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a meeting held on the 25th day of September 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 1St day of October 2008. ? Va i- . R. ,1N SARA L. WHITE, City Secretary ORDINANCE NO. A- 0J'c'--z 13 5 AN ORDINANCE AMENDING AND CORRECTING ORDINANCE NO. A -08-02-28-10C2 TO CORRECT THE PROPERTY DESCRIPTION TO REFLECT THE PROPERTY BEING ANNEXED AS 3.8808 ACRES INSTEAD OF 3.7638 ACRES; 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 Council adopted Ordinance No. A -08-02-28- 10C2 on February 28, 2008 annexing a tract of land (the "Property") owned by the City which is the right-of-way of A.W. Grimes Blvd. between Brushy Creek and Lake Creek, and WHEREAS, by mistake, the Property was described in said Ordinance as containing 3.7638 acres, when in fact the Property contains 3.8808 acres, and WHEREAS, the City Council wishes to correct said mistake by adopting this ordinance amending and correcting said Ordinance No. A -08-02-28-10C2 to reflect the correct description of the Property, which is more fully described in Exhibit A, attached hereto and incorporated herein for all purposes; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 0:\WDOX\ORDINANC\080925B3.DOC/rmc 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. H. That the City Council has heard the arguments for and against the annexation and has determined to approve the 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 include the aforementioned territory as part of the City of Round Rock, Texas. 2 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 2;2' 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 SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round RoCk, Texas 5 EXHIBIT «A„ South A. W. Grimes Right -of -Way Tract - Correction Description BEING a 3.8808 -acre tract of land, more or less, being out of and a potion of the P.A. Holder Survey, Abstract No. 297, in Williamson County, Texas, and being out of and a part of the City -owned Right -of -Way of South A. W. Grimes Boulevard, extending east to west the full extent of the width of said right-of-way, and north to south from the approximate centerline of Brushy Creek to the approximate centerline of Lake Creek, said 3.8808 acres being comprised of the following Tracts: Tract 1: a called 0.32 -acre tract conveyed to the City of Round Rock in Document Number 2005003073, Official Public Records of Williamson County (OPRWC), as described therein, said document attached hereto as Exhibit B, SAVE AND EXCEPT approximately 0.19 acres, more or Tess, previously annexed by the City of Round Rock in the annexation of a 75.97 -acre tract adopted in Ordinance Number 851, leaving approximately 0.13 acres to be annexed as Tract 1; Tract 2: a called 3.52 -acre tract conveyed to the City of Round Rock in Document Number 2003016951, OPRWC, as described therein, said document attached hereto as Exhibit C; Tract 3: a called 1.49 -acre tract conveyed to the City of Round Rock in Document Number 2001031577, OPRWC, as described therein, said document attached hereto as Exhibit D, SAVE AND EXCEPT approximately 1.4143 acres, more or less, previously annexed by the City of Round Rock in 1 the annexation of a 1.45 -acre as adopted in Ordinance Number A -03-01-23- 9B4, leaving approximately 0.0506 acres to be annexed as Tract 3; Tract 4: a called 0.37 -acre tract conveyed to the City of Round Rock as Tract 2 in Document Number 2004006147, OPRWC, as described therein, said document attached hereto as Exhibit E, SAVE AND EXCEPT approximately .3737 acres previously annexed by the City of Round Rock in the annexation of 41.55 -acres as adopted in Ordinance Number A -03-01-23- 9B3, leaving approximately .0043 acres to be annexed as Tract 4; Tract 5: a called 0.1988 -acre tract conveyed to the City of Round Rock in Document Number 2004073975, OPRWC, as described therein, said document attached hereto as Exhibit F, SAVE AND EXCEPT approximately 0.0618 acres, more or Tess, previously annexed by the City of Round Rock in the annexation of a 6.68 -acre tract as adopted in Ordinance Number A -03- 01-23-9B5, a 38.11 -acre tract annexed by the City of Round Rock as adopted in Ordinance Number 850, and/or the aforementioned 75.97 -acre tract as adopted in Ordinance Number 851, leaving approximately 0.1370 acres to be annexed as Tract 5; and Tract 6: approximately 0.0389 acres, more or less, as calculated, completely contained within the right-of-way of A.W. Grimes, and being the surveyed or measurable difference, if any, of the southern boundary of the aforementioned 3.52 -acre tract, said southern boundary being described in the aforementioned 2003016951 conveyance document as the approximate centerline of Lake Creek, and the northern boundary of a 2.38 -acre tract conveyed to the City of Round Rock in Document Number 2006039570, OPRWC, as described therein, said document attached hereto as Exhibit G, said northern boundary also being described as the approximate centerline 2 of Lake Creek, and said northern boundary also being the northern boundary of a 42.478 -acre tract annexed by the City of Round Rock as adopted in Ordinance Number A -94-01-13-8G; FOR A TOTAL of 3.8808, acres more or less, out of called 5.8737 acres described in the attached, completely owned by the City of Round and identified as South A.W. Grimes right-of-way, and as represented on the Sketch attached as Exhibit H. 3 01/04/2005,13.:23 IFAX /47-6-: 2e//S-- A.W. Grimes—parcels I & 5 THE STATE OF TEXAS EXHIBIT -4 Marcie Whited Austin Ti"e Company. SPECIAL WARRANTY DEED A.W. Grimes Blvd. COUNTY OF WILLIAMSON § 111111111111111111111111111 DEED 9 PGS Ij023/030 2005003073 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of A.W. Grimes Blvd. ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, T13EREFORE, KNOW ALL MEN BY THESE PRESENTS: That, M&M EQUITIES IV, INC., now known as M&M EQUITIES I, INC., hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Rpund Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: BEING a 3.68 acre tract of land located in the P. A. Holder Survey, Abstract No. 297, Williamson County, Texas, more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. BEING a 0.32 acre tract of land located in the P. A. Holder Survey, Abstract No. 297, Williamson County, Texas, more fully described by metes and bounds in Exhibit "B", attached hereto and incorporated herein. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary, and any encroachments or overlapping of improvements. TO HAVE AND TO MOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas C:\Documents and Settings\txaumwl\L cal SettingslTempormy Internet Files\OLK9W1MEQUrrIFS—Special warranty deed (00077079).DOC 01/04/2005 13.:23 IFAX -3 Marcie Whited U024/030 and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the -6-7g1 day of 2000 State of Texas County of Williamson M&M EQUITIES IV, INC., now known as M&M EQUITIES I, INC. By: Its: Acknowledgment This instrument was acknowledged before me on this the 5 day o WA (iv D . ��'�"`� in the capacity and for the purposes recited th }"''f"1 = MARY FRANCES Z. PREZ COMM'Ss?Oh; EXPIRES Auj; st23, 2435 PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: 1liotary Public, State of Texas Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 Austin Title Company 101 E. Old Settlers Blvd., Suite 100 Round Rock, Texas 78664 2 - , 200 by - 01/04/2005 13:23 IFAX 07 CP e --t C7 CrJ C> 1 • M & M Equities N, Inc, 3.68 Acre Right -of -Way Tract P.A. Holder Survey A-247 Williamson County, Texas EXHIBIT A • Marcie Whited [ J025/030 FN 2938 (ALG) September 7, 2003 SAM, Inc. Job No. 23103-20 DESCJU TION OF A 3.68 ACRE TRACT OF LAND LOCATED IN THE P.A. WIDER SURVEY, ABSTRACT NO. 297, WIILIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 6293 ACRI? TRACT OF LAND AND A CALLED 5.631 ACRE TRACT OF LAND BOTH DESCRIBED IN THE DEED TO M & M EQUITIES IV, INC., AS RECORDED IN DOCUMENT NO. 199963931 OF TEE OFFICIAL PLJBI1C RECORDS WILiIAMSON COUNTY, TEXAS, SAID 3.68 ACRE 'TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SXETQI AND SBING MORE PARTICULARLY DESCRIBED BY METES AND )30UNDS AS FOLLOWS: COMMENCING at a 3 -inch iron pipe found in the south tight-ofway (ROW) lime of U.S. highway 79 (a varying width ROW) for the northwest corner of Lot 1 Brock A of the Final Plat for aside! Commons, a subdivision of record in Cabinet P, Slide 230 of the Plat Records of Williamson County, Texas, same being a ailed 5.84 ave tract of land descnlxd in the deed to Martin L Cirbe) end Pamela Mitt as recorded in Volume 589, Page 291 of the Deed Records Williamson County, Texas; THENCE CE with said south JtOW lint, same being the north line of said Lot 1, N 79° 27' 07" E, a distance of 212.45 feet to a 1 -inch heti pipe found for the north common corner of said Lot 1 and said 6.293 acre tract, same being the northwest comer of the tract described herein, and the FO14VT OF BEGINNING; THENCE with said south right-of-way line, same being the north live of said 6_293 acre tract, N 79° 27' 07" E, a distance of 138.87 feet to a concrete monument set for the northeast comer of the. tract desooibed herein, from v4iich a PK nail with a shiner found in said common line buns N 79° 27' 07" E, a distance of 378.15 fat: THENCE leaving said common line, and crossing said 6.293 acre tract and said 5.631 acre tract the following seven (7) courses and distant s: 1. S 32° 48' 53" W, a distance of 23.82 feet to a concrete monument set for an angle point, 2. with the arc of curve to lac Jet a distance of 83,89 feet through a central angle of 05° 32' 56", having a radius of 886.93 fat, and whose chord boars S 14° 33' 57" E, a distance of 85.86 feet to a concrete monument set for a point of tangency, 3. S 17°20' 24" E, a distance 0/ 17.33 feet to a concrete monument set fora point of curvature, 4. with the an of a carve to the right a distance of36630 feet through a central angle of 25° 59' 20", having a radius of 808.00 feet, and whose chord bean S 04° 20' 44" E, a distance of 36337 feet to a concrete monttatcat set fora point of tangency, 5_ S 08° 3 B' 56" W, a distance of 411.56 feet to t concrete monument set for a point of curvature, 6. with the arc of a curve to the right a distance of 5353 feet through a central angle of 65° 15' 31", having radius of 47.00 feet, and whose chord boars 3 23° 58' 50" E, a distaure of 50.69 feet to a concrete monument set for apolut of tangency, and 7. S 08° 38' 56" W, a distance of 58.69 feet to a l/2 -inch iron rod with a plastic cap set on the west line of a remainder of a called 69.81 ace tract bf]and as described in the deed to Phillip W. Warner and wife, Aliens Warner as recorded in Volume 369, Page 299 of the Deed Records of Williamson County, Texas, same being a east line ofsaid 5_631 acre tract; Page 1 of 3 01/04/2005 13:24 IFAX M 8t M Equities IV. lac., • l68 Acte Right -of -Way Tract P.A. Holder Survey A-297 Williamson County, Texas -) Marcie Whited 0026/030 FN 2938 (ALG) September 7, 2003 SAM, Inc. Job No. 23103-20 THENCE with said east line, S 61° 32' 59" W, a distance of 52.21 feet to a 112 -inch iron rod found for a common interior ell coma of said 5.631 acre tract and said remainder tract; THENCE with o common line of saidren tinder tract aa said 5.631 acre tract, S 38" 54' 58" E, a distance of 71.38 feet to a tn.-inch iron and with a plastic cap set on the tooth ROW line of the Missowi pacific Railroad (a 100 -foot wide ROW), as found uxmnmcnted and occupied on the ground for the southeast cower of the tract c 1 ed heroin, THENCE exossing said 5.631 acre tract, with said north ROW line, S 53° 39' 45"W, a dismncr of 219.30 feet to a 1t2 -inch iron rod with a plastic cap set for the southwest comer of the tract described bete; THENCE crossing said 5.631 acre tract with the arc of a curve to the tight a distance of 64.83 feet through a central angle of 04" 42' 02", having a -radius of 790.20 feet, whose chord bean N 06.40' 06" W. a distance of 64.81 feet to a concrete monument set for a point of compound corvamrr; TSF.NL'E continuing =toss said 5.631 acre tract with the arc of a curve to the right a distance 019.84 feet through a central angle of 11'•59' 36", having a radius of 47.00 feet. and whose chord bears N 78° 55' 57" W, a distance of 912 fat to a 112 inch non rod with a plastic cap set on the common line of said Lot 1 and said 5.631 =retract THENCE with said common line the following four (4) causes and distances: 1. N 11° 53' 09" E, a distance of 56.97 fed to a 112 -inch iron rod with a plastic cap set for an angle point, 2. N 19° 06' 37' E, a dis ranee oI215.06 fact to a 112 -inch iron rod found form angle point, 3- N 12" 26' 26" E, a dist nee of 10531 fret to a 112 -inch eon rod foomd for an angle point, and 4. N 02° 52' 51" W, a distance of 751.02 felt to the POINT OF BEGINNING, and containing 3.68 acres of land, more or less. Beaming Basis: Bearings arc baud on the Tams State Plane Coordinate System, NAD 83, Central Zone and adjusted to ambers using a surface adjustment factor of 1.00012 As provided by Doug Anderson, RPLS, Survcoa; Inc_ TI113 STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRES7=NTS: That 1, C. M. Solomon, a Registered Professional Land Surveyor, do hereby terrify that the above description is nate and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during December 2000. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 8°' day of September 2003 A.D. SURVEYING AND MAPPING, Inc. 5508 West Highway 290, Building 13 Austin, Texas 78735 Page 2 of 3 C. M Solorroon Rcgistned)Professioual Land No. 5734 -State of Texas • 01/04/2005 13:24 IFAX M&MEgarfitgIV, Be_ 032 Acre (13,937 sq. ft) Right -of -Way Tian ' PA Holder Survey A-297 Williamson County, Texas EXHiorr 1 Marcie Whited fa 028/030 IN 2939 (ALG)) May 14, 2003 SAM, Inc. Job No_ 23103-20 DESCRIPTION OF A 032 ACRE (13,937 SQ. FT.) TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OFA CALLED 5.631 ACRE TRACT OF LAND DESCRIBED IN TIi l DEED TO M ffi M EQUITIES IV, INC., AS RECORDED 3111 DOCUMENT NO. 199963931 OF113B OFFICIAL. PUBLIC RECORDS W3I i.IAMSON COUNTY, rExAS, SAID 032 ACRE (13,937 SQ. FL) TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY AND BOUNDS AS FOLLOWS: COMMENCING at a U2 -inch Liao rod found for an angle point in a common line of a called S.7 acre tract of land as detailed in the deed to the City of Round Rock as recorded is Volwae 1490, Page 660 of tlse Official Records Williamson County, Texas and said 5.631 sere track from which a 1/2 -bath iron rod fotr►d bear; S 39° 07' 07" E, a &Armee of 170.62 feet to a 1/2 -inch iron rod found for an angle point; THENCE with said common tine N 38° 54' 58" W, a distance of 34.62 feet to a calculated point on the south riga- of -way (ROW) line of the Missouri Pacific Railroad, a 100 -foot wide ROW, as foimd momrmened and occupied on the ground; THENCE crossing said 5.631 arae tract and with said south ROW line, S 53° 39' 45" W, a distance of 102.64 feet to a 112 -inch Ron rod with a plastic cap set for the northeast comer of the tract described herein mod for the POINT OF BEGUiNDIG; 't'B NCE leaving said south ROW lime and crossing said 5.631 acre tract the following two (2) courses and distances: 1. with the are of a curve to the Iett a distance of 10331 feet through a central angle of 09° 06' l2", having a radius of 650.20 feet, and whose chord hears S I9° 20' 37" B, a distance of 103.20 feet to a concrete monument set fora point oftangezcy, and 2. 3 23' 53' 43" E, a distance of 74.61 feet to a caletdated point in the approximate =team of -Brushy Creek, same being the north line of the remainder of a called 27.61 acre tract of land described b ibe deed to Sycamore Trail, LTA., as recorded in Document No. 2001007249 of the Of&ial Public Records wdlianosan County, Texas for the southeast comer of the tract deem/led herein, from which a 112 -inch iron rod with a plastic cap act for reference bears S 23° 53' 43"E, a distance of 60.00 feet; THENCE with said approximate centerline, same being the north line of mid remainder truck a called 3.52 acre tact of land as conveyed to the City of Round Rock as a Possession and Use Agtectnent for Tzansporiation Purposes as recorded in Moment No. 2001038656 of rho OfFraalpablic Records Williamson of a called 4.83 acre tract of land descnbed in the deed to David L. Catlin and County, Tear, and s r northline Vohnne 1155, Page 286 of the Dyed Rccords Williamson � T ° 37' 7W C. passCarling t recorded f 80.18 feet a taka>lated cot for the north �Y mss. N 71 47" W, passing at a distance of point a � inch iron rod found in the commonline f said 352 acre t of said 3.52 acre acct and ea d 4.83 acre ace n� bears S 23°41' 52"W, a distance of 34.90 feet, in all a total distance of 210.19 feat to a calculated point in said ROW line, as found mom®cnIed and occupied on the ground, same being Te notch corner of said 443 acre tract, iron which a 1/2 -inch iron rod found in said south ROW .line: brass S 53' 39' 45-W, a distance of 405.16 feet; Page 1 of3 01/04/2005 43:24 IFAX • • M & M Equities W, Inc. 0.32 Acre (13,937 sq. ft) Right -of -Way Tract P.A. Bolder St>rvey A-297 Williwi:non County, Texas -4 Marcie Whited Q029/030 FN 2939 (ALG)) May 14, 2003 SAM, Inc. Job No. 23I03-20 THENCE crossing said 3.63] ane tract and with mid south ROW tine, N53° 39' 43" E, a distance of 167.68 feet to the.POW T OB BEGINNING and containing 032 acre (13,937 sq. R) (gland, more or less. Bc�ng Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Centre/ Zone and adjusted to stars wing a surface adjustment Actor of 1.00012. As provided by Doug Andersen, RPM, Sarveon, Inc_ THE STATE OP TEXAS COUNTY OF'WILUAMSON KNOW ALL MEN BY THESE PRESENTS: That I. C. M. Solomon, a Registered Professional Land Surveyor, do hereby ratify that the above description is true and correct to the best of my Irnowkdge and belief and that the property dcscnied herein was determined by a survey made on the ground during December 2000. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 96 day of September 2003 AD. SURVEYING AND MAPPING, Inc. 5508 West Highway 290, Building B Austin, Texas 78735 Page2 of3 C.M. Solomon Registered Professional Land Snrve No. 5734 - State of Texas 01/04/2005 1a:24 IFAX 1 Marcie Whited a030/030 P.A. HOLDER SURVEY A-297 o ,A o 25 50 P A SEPTEMBER �VEYO 03 HOLDERA-297 WILLIAMSON COUNTY. TEXAS SCALE r-50' QEV I. 'x C1 e•O9. 0612" R.650.20• 1-103.31' T-51.76' CB -519.20.37"E C•T03.20' P.Q.B. 0.32 ACRE (13937 50. FT.) M & M EQUITIES 1V. INC. CALLED 5.631 ACRES DOC. N0. 1999963931 0.P.R.W.C.TX. DAVID L. CARLIN AND WIFE, \ MARY C. CARLIN CALLED 4.83 ACRES ▪ \1 VOL. 1155, PG. 286 D.R.W.C.TX. NOTESI BEARINGS COORINNA• TES ME EOM ON 7E')(A$ TAI( PLANE COORDRATE SYTTEK HUD @,3`\ CENTRA. ZONE MO A)JUS1EO TO SURFALE USING A SURtACE AD.RsTiENT (ACTOR Or tODO12. AS \ PROVIDED m' DOUG ANDERSON, MS. SURve0H, JC \ DETAE.S ARE NOT DRAWN TO SCALE. 1 I#REBY c>ERTFT THAT lits SURVEY WAS MADE ON THE GROUND AND THAT 'Hi* Pt AT IS TRUE .AND CORRECT TO TOE BEST OF )JY XNOWI.EOGE AND BELIEF 70, lV ���xr-- �a \;. SYCAMORE TRAIL, LTD.. \g REMAINDER OF A \q,, CALLED 27.61 ACRES DOC. NO. 2001007249 0.P.R.W.C.TX_ CITY OF ROUND ROCK POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES CALLED 3.52 ACRES DOC. NO. 2001038656 0.P.R.W.C.TX. C. 11. SOLOuON REG TIERED PROFESSIONAL LAM SURvEYOR N. $734, STATE of 7ExAs • DATE LEGEND O X' peck nae writ A /yam up, sty • CIA074 t IIC$U11Q1T SLT L CARL PONT ▪ Yr peas *Oa mu* w/ ckP mass Nom .aa Popov na.Plegm PAL neer OP >/ kW 1100 FD.J pr NOR IMPC roma mom: MO kuu4 0,1d4. *MOS uturazie cwUHTY, TLkK PAR40,06 RAT RECO DS WILLP146Cpi COIMY. MOS LL.L7. CPEO Uccv41; vRJ►VSON COUNTY, TDAS RIGHT-OF-WAY PLAT SHOWING PROPERTY OF .M & M EQUITIES IV, INC_ PAGE 3 OF 3 REF. FIELD NOTE '10.2939 RECORDERS MEMORANDUM wu�i'�fE IWxl 6fi sus page was not Clearly legible for satiafactervrecordation. i AU �i11 l;L.b vili�ll;d:lt+ FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005003073 E.% -kms 01/11/2005 02:20 PM CARRILLO $30.00 NANCY E. RISTER, COUNTY CLERK IJXLLIAMSON COUNTY, TEXAS EXHIBIT 0' Date: January 23, 2003 2003016951 6 Pigs WARRANTY DEED Grantor: SYCAMORE TRAIL, LTD., a Texas limited partnership Grantor's Mailing Address (including county): SYCAMORE TRAIL, LTD, a Texas limited partnership 4 314 W. BRAKCER LANE SUITE 250 AUSTIN, TEXAS 78759 TRAVIS COUNTY Grantee: CITY OF ROUND ROCK Grantee's Mailing Address (including county): CITY OF ROUND ROCK 221 EAST MAIN ROUND ROCK, TEXAS 78664 WILLIAMSON COUNTY CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): 3.52 acre tract of land located in the P.A. HOLDER SURVEY, ABSTRACT NO. 297, Williamson County, Texas, being a portion of a called 27.61 acre tract of land described in the Deed to James J. Hoover and wife, Sue S. Hoover as recorded in Volume 649, Page 114 of the Deed Records Williamson County, Texas, said 3.52 acre tract of land as shown on the accompanying sketch and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise @PE-PeskCOp\:: ODNA/WORLDOX/O:AMU/ CORR/TRANSPRT/GRI?IES/SYCAMORE/00047013.HPD belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY OF WILLIAMSON SYCAMORE TRAIL, LTD., a Texas limited partnership Its General Partner Ashton Oaks, L.L.C. a Texas limited liability company ROBERT D. WUNSCH, President ACKNOWLEDGMENT § s instrument was acknowledged before me on this the C964 day , 2003, by RRT D. WUNSCH, President of ASHTON .limited 1'=bi ity compa � General Partner of Texas li •ted •artnclsh §AAO CA.'BOUR 11LORElmTRA My Commission Expires September 20, 2003 y 'ublic, ate PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 2. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. xas 3.52 Acre Right -of -Way P.A. Holder Survey A-297 Williamson County, Texas FN 2095 (TWH) January 25, 2001 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 3.52 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 27.61 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO JAMES J. HOOVER AND WIFE, SUE S. HOOVER AS RECORDED IN VOLUME 649, PAGE 114 OF THE DEED RECORDS.WILLIAMSON COUNTY, TEXAS, SAID 3.52 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 112 -inch iron rod found for an angle point in the south line of a called 4.83 acre tract as described in the deed to David L. Carlin and wife, Mary C. Carlin as recorded in Volume 1155, Page 286 of the Deed Records Williamson County, Texas, same being the north line of said 27.61 acre tract; THENCE with said common line the following three (3) courses and distances: 1. N 37° 50' 50" E, a distance of 232.00 feet to a 1/2 -inch iron rod found for an angle point, 2. N 14° 49' 00" E, a distance of 15.11 feet to a 112 -inch iron rod found for an angle point, and 3. N 23° 41' 52" E, a distance of 1.61 feet to a calculated point for a northwest' corner of the tract described herein and for the POINT OF BEGINNING; THENCE continuing with said common line, N 23° 41' 52" E, passing at a distance of 77.46 feet a 112 - inch iron rod found, in all a total distance of 11236 feet to a calculated point in the approximate centerline of Brushy Creek for the north common corner of said 27.61 acre tract and said 4.83 acre tract, being in the south line of called 5.631 acre tract of land as described in the deed to M & M equities 1V, Inc. as recorded in Document No. 199963931 of the Official Public Records of Williamson County, Texas, and for the north comer of the tract described herein; THENCE with the approximate centerline of Brushy Creek, same being the common line of said 5.631 acre tract and said 27.61 acre tract, S 71° 37' 47" E, a distance of 72.07 feet to a calculated point for the northeast corner of the tract described herein; THENCE leaving said centerline and crossing said 27.61 acre tract the following two (2) courses and distances: 1. S 23° 53' 43" E, passing at a distance of 60.00 feet a 1/2 -inch iron rod with a plastic cap set for reference, in all a total distance of 516.67 feet to a concrete monument set for a point of curvature, and 2. with the arc of said curve to the right a distance of 494.28 feet through a centril angle of 36° 29' 09", having a radius of 776.20 feet, and whose chord bears S 05° 39' 09" E, a distance of 485.97 feet to a 112 -inch iron rod with a plastic cap sec in the north line of a called 1.5 acre tract of land as described in the deed to Roger A. Miller and wife, Suzanne B. Miller as recorded in Volume 790, Page 892 of the Deed Records Williamson County, Texas; THENCE with said north line, N 80° 29' 08" W, a distance of 27.54 feet to a railroad spike found for the northwest corner of said 1.5 acre tract; THENCE with the west lines of said 1.5 acre tract the following two (2) courses and distances: L S 04° 28' 15" W, a distance of 118.32 feet to a 1/2 -inch iron rod found for the west comer of said 1.5 acre watt, and 2. S 20° 57' 22" E, a distance of 829 feet to a I/2 -inch iron rod with a plastic cap set; Page 1 of 3 3.52 Acre Right -of -Way P.A. Holder Survey A-297 Williamson County, Texas FN 2095 (TWH) January 25, 2001 SAM, Inc. Job No. 99105-20 THENCE leaving said west lines and crossing said 27.61 acre tract the following two (2) courses and distances: 1. with the arc of a curve to the right a distance of 105.43 feet, through a central angle of 07° 46' 56", having a radius of 776.20 feet, and whose chord bears S 25° 49' 35" W, a distance of 105.35 feet to a concrete monument set for a point of tangency, and 2. S 29° 43' 03" W, a distance of 39.85 feet to a calculated' point in the approximate centerline of Lake Creek, being the north line of a called 33.61 acre tract as described in the deed to Continental Homes of Texas, L.P. as recorded in Document No. 2000065504 Official Records Williamson County, Texas, for the southeast corner of the tract described herein, from which a 3/8 -inch iron rod found for the northeast comer of said 33.61 acre tract bears with said approximate centerline, S 74° 30' 01" E, a distance of 570.24 feet; THENCE with the common line of said 33.61 acre tract and said 27.61 acre tract, same being the approximate centerline of Lake Creek, N 74° 30' 01" W, a distance of 123.79 feet to a calculated point for the southwest comer of the tract described herein; THENCE leaving said common line and crossing said 27.61 acre tract the following three (3) courses and distances: 1. N 29° 43' 03" E, a distance of 70.26 feet to a concrete monument set for a point of curvature, 2. with the arc of a curve to the left a distance of 636.37 feet through a central angle of • 55° 33'52", having a radius of 656.20 feet, and whose chord bears N 01° 56107" E, a distance of 611.72 feet to a concrete monument set for a point of tangency, and 3. N 25° 50' 49" W, a distance of 467.29 feet to the POINT OF BEG INNING and containing 3.52 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. STATE OF TEXAS KNOW ALL MEN BY THESES PRESENTS: COUNTY OF WILLIAMSON That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during December 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 6th day of February 2001 A.D. SURVEYING AND MAPPING, INC. 4029 Capital of Texas Hwy., So. Suite 125 Austin, TX 78704 Page 2 of 3 R. Hatcher Regis ed Professional Land No. 4259- State of Tex . rRECORDERS MMORANDUP All or part of the text on this page was not clearly legible for satisfactory recordation. 1; tt S7 t„ M & M EQUITIES IV, INC. ' ry j 37. j CALLED 5.631 ACRES %,.;3.02.07, e DOC. No. 199963931 �O ^.P.R.W.C.TX. DAVID L. CARLIN AND WIFE, • ") MARY C. CARLIN ?ry ^�, CALLED 4.83 ACRES SEE mat. A VOL. 1155, PG. 286 a/ D.R.W.C.TX. onj. P.O.C4 ti DETAIL A C1 A-36' 29'09" R.776.20' T-255.85' 1.494.28' C$-S05.39'09"E C-485.97' P �• CP et% -gyp: t • 1 P.A. HOLDER AR A -297 W LLIAMSON COUNTY, TEXAS SCALE 1"-200' 0 100 200 DETAIL 8 JAMES J. HOOVER AND WIFE, SUE S. HOOVER CALLED 27.61 ACRES VOL. 649, PG. 114 D.R.W.C.TX. SCALE C2 C3 1.07.46'56" A-55.33'52" R.776.20' R-656.20' T•52.79' T-345.71' 1.105.43' 1.636.37' CO -S25° 49'35"W Ca -N01° 56'07"E C-105.35' C-611.72' C3 P.A. HOLDER SURVEY A-297 / CQNT�N urF �eqr f ',fNr: �"� i AOp'1CLE0OMfs �`fix r�°TA CNa 200006550 6l�� rExAS 2 043'. W 4 L.p_ .. .1 y90j�' . 1, v 4, BEARINGS ANO COOROWATES ARE BASED ON 7HE• �' TEXAS STATE PLANE COOROWATE SYSTEM, NAD 83. 0")�h ACENTRAL ZONE AND SURFACE ADJUSTMENT FACTOR OFD0012. ATO SURFACE S USING ‘lit 0)'tiA• PROVCE0 BY DOUG ANDERSON. RPLS, SLIRVCON, INC. DETAIL ARE NOT DRAWN 70 SCALE. NOTES= THEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION ANO SUPERVISION AND THAT THIS PLAT IS TRUEANDCORRECT TO THE'BEST OF MY KNOWLEDGE AND BELIEF. ,. II MICHAEL R. HATCHER REGIST.'ED PROFESSIONAL LAND SURVEYOR NO. 42 9. STATE OF TEXAS 4029 C7piwol76 as H hway. Sa OIQ B.o6a Oe a RiotessionaRVhra. &i a R25 Auclin. Taws 79704 1512) 44T-0675 Fax 15t2) 326&9029 DETM. NOT TO SCALE 11 N80* 29'08"W 27,54' LEGEND • C*LCULATEO TONT ▪ CCNCRE1E YON DENT SET O NON RCO SET neap UNLESS Norio • Yi IRON RCO rape mass NOTED I ► RECORD 91F01I1uURON CO*. PONT Of OEONImt: .A.L VONT Or CoteUENONG or IOM IO erncre. Vu9R.jc RECORDS TILLWNsops C .PUY, TEXAS *toy. OFFRCYL RECORDS RLLIAUSOI COMITY. TEXAS •.11-11CC.t.. PLAT RECCR06 WLLLMLSON COUNTY. TEXAS OATJCT. OEM RECORDS TA.ERMISON COUNTY, TEXAS RIGHT -OE -WAY PLAT SHOWING PROPERTY OF JAMES J. HOOVER. AND WIFE, SUE S. HOOVER PAGE 3 OF 3 REF. FIELD NOTE N0. 2095 FETED RSD ROVED OFFICIAL PUBLIC RECORDS 02-27-2003" O8.51 AM 2003016951 ANDERSON $19.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY, TEXAS 0/04)733 7 cJ Georgetown Title Company, Inc. Date: May 4, EXHIBIT D" 2001031577 4 Pigs CASH WARRANTY DEED , 2001 Grantor: SARAH J. MILLER, Individually and as Independent Executrix of THE ESTATE OF ROGER ALLEN MILLER, DECEASED Grantor's Mailing Address (including county): SARAH J. MILLER 395D Lord Byron Cirete Round Rock. TX 78664 Grantee: CITY OF ROUND ROCK County Grantee's Mailing Address (including county): CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 Williamson County CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): 1.49 acres of land, more or less, out of the P. A. HOLDER SURVEY, Abstract No. 297 in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys 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, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's CASH WARRANTY DEED - PAGE 1 C:\WPDOCS1GTr] TLE\1001WDC. WPD/kg heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. STATE OP TEXAS COUNTY OF Air• SARAH / i/A./t.) J. MILL Indio dually and as Independent Executrix of THE ESTATE OF ROGER ALLEN MILLER, DECEASED ACKNOWLEDGMENT S This instrument was acknowledged before me on the 7 day of r'' , 2001, by SARAH J. MILLER, Individually and as Independent Executrix of THE ESTATE OF ROGER ALLEN MILLER, DECEASED. PREPARED IN THE OFFICE OF: Sheets & Crossfie 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Georgetown Title Company, Inc. P.O. Box 835 Round Rock, Texas 75650 CASH WARRANTY DEED - PAGE 2 i t .49 Acres P.A. Holder Survey A-267 Williamson County, Texas FN 2083 R (TWH) January 2, 2001 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 1.49 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 1.50 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO ROGER A. MILLER AND WIFE SUZANNE B. MILLER, AS RECORDED IN VOLUME 790, PAGE 892 OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.49 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a railroad spike found (called for in deed) for an interior ell corner of the remainder of a called 27.61 acre tract of land (hereinafter referred to as the remainder tract) described in the deed to James J. Hoover and wife, Sue S. Hoover, as recorded in Volume 649, Page 114 ofthe Deed Records Williamson County, Texas, being the northwest corner of the tract described herein, and the POINT OF BEGINNING; THENCE with a common line of said remainder tract and said 1.50 acre tract, S 80° 29' 08" E, a distance of 229.25 feet to a calculated point for the northeast comer of the tract described herein, from which a fence comer post found (called for in deed) bears S 80° 29' E, a distance of 1.9 feet, and from which point a 1/2 -inch iron rod found in the common line of said remainder tract and a called 23.217 acre tract of land described in the deed to Sue Hoover as recorded in Volume 2137, Page 218 of the Official Records of Williamson County, Texas bears, N 02° 31' 10" W, a distance of 905.60 feet; THENCE with the west Iine of said 23.217 acre tract, being the east line of said remainder tract, S 02° 31' 10" E, passing at a distance of 237.77 feet a Y -inch iron rod found, and continuing for a total distance of 304.64 feet to a calculated point in the approximate centerline of Lake Creek, being in the north line of a called 33.61 acre tract of land described in the deed to Continental Homes of Texas, L.P., as recorded in Document No. 2000065504 of the Official Records Williamson County, Texas, for the southwest corner of said 23.217 acre tract and the southeast comer of the tract described herein, from which a 3/8 -inch iron rod found in said approximate creek centerline, same being in the south line of said 23.217 acre tract, and being the northeast corner of said 33.61 acre tract bears S 74° 30' 01" E a distance of 242.83 feet; THENCE with the approximate centerline of Lake Creek, same being the common line of said 33.61 acre tract and said 1.50 acre tract, N 74° 30' 01" W a distance of 193.60 feet to a calculated point for the southwest corner of the tract described herein; EXHIBIT tip 1 Page 1 of 3 1.49 Acres P.A. 1-lolder Survey A-267 Williamson County, Texas FN 2083R (TWH) January 2, 2001 SAM, Inc. Job No. 99105-20 THENCE with the common lines of said remainder tract and said 1.50 acre tract, the following two (2) courses and distances: 1. N 20° 57' 52" W, a distance of 185.19 feet to a %z -inch iron rod found, and 2. N 06° 28' 15" E, a distance of 118.32 feet to the POINT OF BEGINNING and containing 1.49 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, Keith A. Jimenez, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and That the property described herein was determined by a survey made on the ground during December 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 11th day of January 2001 A.D. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 !�ice,. /1► 7z 1 fi ith A. J. z Registered i' d Surveyor No. 4329 - FILED RID RECORDED OFFICIAL PUBLIC RECORDS 05-07-200103:55 PM 2001031577 ANDERSON $15,00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS Page 2 of 3 EXHIBIT „E„ THE STATE OF TEXAS 1111111111111111111111111111111111111 DEED 12 PGS SPECIAL WARRANTY DEED COUNTY OF W] LLIAMSON § 2004006147 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of A.W. Grimes Blvd. ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, Sycamore Trail, Ltd., a Texas Limited Partnership, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars- ($10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: Tractl, Part 1: BEING a 0.018 acre (771 square foot) tract of land situated in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being a portion of the remainder of a called 27.61 acre tract of land described in the deed to Sycamore Trail, Ltd., as recorded in Document No. 2001007249 of the Official Public Records of Williamson County, said 0.018 acre tract being more particularly described in Exhibit "A" attached hereto and made a part hereof. Tract 1, Part 2: BEING a 0.039 acre (1,693 square foot) tract of land situated in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being a portion of the remainder of a called 27.61 acre tract of land described in the deed to Sycamore Trail, Ltd., as recorded in Document No. 2001007249 of the Official Public Records of Williamson County, said 0.018 acre tract being more particularly described in Exhibit "A" attached hereto and made a part hereof. o:\Wdox\CORR1traasprrigimes\vycamore\swdeed\00060942.W5 I Tract 2: BEING a 0.37 acre (16,286 square foot) tract of land situated in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being a portion of the remainder of a called 27.61 acre tract of land described in the deed to Sycamore Trail, Ltd., as recorded in Document No. 2001007249 of the Official Public Records of Williamson County, said 0.018 acre tract being more particularly described in Exhibit "B" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the �t day of , 2005ft GRANTOR: SYCAMORE TRAIL, LTD. Texas Limited Partnership By: By: Its General Partner, ASHTON OAKS, L.L.C. A Texas Corporation ROBERT D. WUNSCH, PRESIDENT 2 Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the /t' day of J14g,nstL-., as an authorized agent for grantor described herein. T. CANCHO WRMTNUC$1ATIOFWAS C01111$110111011111: NOVEMBER e. 2007 PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: Notary Public, State of Texas Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 Sheets & Crossfield, P.C. dig_ 309 E. Main St. LTJ Round Rock, Texas 78664 3 Sycamore Trail, Ltd. FN 3134 (ALG) Part 10.018 Acre (771 sq. ft.) September 9, 2003 Part 2 0.039 Acre (1,693 sq. fl.) Right -of -Way Tra , Inc. Job No. 23103-20 P.A. Holder Survey A-297 Williamson County, Texas DESCRIPTION OFA 0.018 ACRE (771 SQ. FT.) TRACT OF LAND LOCA 1.ED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 27.61 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO SYCAMORE TRAIL, LTD., AS RECORDED IN DOCUMENT NO. 2001007249 OF THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.018 ACRE (771 SQ. FT.) TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1: 0.018 Acre (771 sq. ft.) BEGINNING at a 1/2 -inch iron rod with a plastic cap set in the common lino of said remainder tract and a called 30.554 acre tract of land as described in the deed to Morrison Homes of Texas, Inc., as recorded in Document No. 2003026096 of the Official Public Records of Williamson County, Texas, same being the southeast comer and the POINT OF BEGINNING of the tract described herein, from which a calculated angle point bears N 66° 06' 17" E, a distance of 62.46 feet; THENCE with said common line, 5 66° 06' 17" W, a distance of 6.00 feet to a 1/2 -inch iron rod with a plastic cap set for the northwest corner of said 30.554 acre tract and the east line of a called 3.52 acre tract of land conveyed to the City of Round Rock described as a Possession and Use Agreement for Transportation Purposes as recorded in Document No. 2001038656 of the Official Public Records of 1.4 Williamson County, Texas, same being the southwest comer of the tract described herein, from which a 1/2 -inch iron rod with a plastic cap found in the common line of said 30.554 acre tract and said 3.52 acre tract bears S 23° 53' 43" E, a distance of 224.71 feet; 0) 0)THENCE leaving said common line, with the common line of said remainder tract and said 3.52 acre tract, a N 23° 53'.43" W, passing at a distance of 71.22 feet a 1/2 -inch iron rod with a plastic cap set for a point of C3 reference, continuing in all a total distance of 131.22 feet to a calculated point in the north line of said © remainder tract and the south line of a called 5.631 acre tract of land as described in the deed to M & M Equities IV, Inc., as recorded in Document No. 1999963931 of the Official Public Records of Williamson County, Texas, sane being the approximate centerline of Brushy Creek; THENCE with said common line, S 71° 37' 47" E,a distance of 8.11 feet to a calculated point in said common line from which a concrete monument set bears N 23° 53' 43" E, a distance of 74.62 feet; THENCE leaving said common line and crossing through the interior of said remainder tract, S 23° 53' 43" E, passing at a distance of 60.00 feet a 1/2 -inch iron rod with a plastic cap set for reference, continuing in all a total distance of 125.77 feet to the POINT OF BEGINNING and containing 0.018 acre (771 sq. ft.) of land, more or less. DESCRIPTION OF A 0.039 ACRE (1,693 SQ. FT.) TRACT OF LAND LOCA1'E.D IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WWI IAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 27.61 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO SYCAMORE TRAIL, LTD., AS RECORDED IN DOCUMENT NO. 2001007249 OF THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.039 ACRE (1,693 SQ. FT.) TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BYMETES AND BOUNDS AS FOLLOWS: PART 2: 0.039 Acre (1,693 sq. ft.) BEGINNING at a 1/2 -inch iron rod with a plastic cap set in the common line of said remainder tract and a called 30.554 acre tract of land as described in the deed to Morrison Homes of Texas, Inc., as recorded in Document No. 2003026096 of the Official Public Records of Williamson County, Texas, same being the northeast corner of the tract described herein; Page 1 of 5 Sycamore Trail, Ltd. Part 10.018 Acre (771 sq. ft.) Part 2 0.039 Acre (1,693 sq. ft.) Right -of -Way Tracts P.A. Holder Survey A-297 Williamson County, Texas FN 3134 (ALG) September 9, 2003 SAM, Inc. Job No. 23103-20 THENCE leaving said common line and crossing through the interior of said remainder tract, the following two (2) courses and distances: 1. with the arc of a curve to the right a distance of 40.35 feet, through a central angle of 02053' 48", having a radius of 798.20 feet, and whose chord bears S 28° 16' 09" W, a distance of 40.35 feet to a concrete monument set for a point of tangency, and 2. S 29° 43' 03" W, a distance of 34.28 feet to a calculated point in the common line of said remainder tract and a called 33.61 acre tract of land as described in the deed to Continental Homes of Texas, L.P., as recorded in Document No. 2000065504 of the Official Public Records of Williamson County, Texas, same being the approximate centerline of Lake Creels, from which a 1/2 -inch iron rod found for the northeast corner of said 33.61 acre tract bears S 74° 30' 01" E, a distance of 547.54 feet; THENCE continuing with said common line, N 74° 30' 01" W, a distance of 22.70 feet to a calculated point in said common line, same being the south common comer of said remainder tract and a called 3.52 acre tract of land as conveyed to the City of Round Rock described as a Possession and Use Agreement for Transportation Purposes as recorded in Document No. 2001038656 of the Official Public Records of Williamson County, Texas; THENCE leaving said common line and continuing with the common line of said 3.52 acre tract and said remainder tract, the following two (2) courses and distances: 1. N 29" 43' 03" E, a distance of 39.85 feet to a concrete monument found for a point of curvature, and 2. with the arc of a curve to the left a distance of 39.43 feet, through a central angle of 02° 54' 38", having a radius of 776.20 feet, and whose chord bears N 28° 15' 44" E, a distance of 39.43 feet to a 1/2 -inch iron rod with a plastic cap set for the west common corner of said 30.554 acre tract and said remainder tract, from which a concrete monument found bears with the arc of a curve to the left a distance of 686.87 feet, through a central angle of 50° 42' 08", having a radius of 776.20 feet, whose chord bears N 01° 27' 21" E, a distance of 664.68 feet; Page 2 of 5 Sycamore Trail, Ltd. Part 1 0.018 Acre (771 sq. R) Part 2 0.039 Acre (1,693 sq. ft.) Right -of -Way Tracts P.A. Holder Survey A-297 Williamson County, Texas FN 3134 (ALG) September 9, 2003 SAM, Inc. Job No. 23103-20 THENCE leaving said east line and with the common line of said 30.554 acre tract and said remainder tract, S 62° 40' 54" E, a distance of 22.00 feet to the POINT OF BEGINNING and containing 0.039 acre (1,693 sq. f3.) of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESES PRESENTS: That I, C. M. Solomon, a Registered Professional Land Surveyor, do hereby certify that the above description is hue and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during December 2000. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 11'' day of September 2003 A.D. SURVEYING AND MAPPING, Inc. 5508 West Highway 290, Building B Austin, Texas 78735 Page 3 of 5 C. C. M. Solomon Registered Professional Land Surveyor No. 5734 - State of Texas N P.A. HOLDER SURVEY A-297 CITY OF ROUND ROCK POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES CALLED 3.52 ACRES - DOC. NO. 2001038656 0.P.R.W.C.TX. 0 15 30 SEPTEMBER 2003 PA HOLDER SURVEY A-297 WILLIAMSON COUNTY, TEXAS SCALE 1"•30' C1 A•02.53'48" R-798.20' L-40.35' T•20.18' CB -s28• 16'09"W C-40.35' C3 A•50.42'08" R•776.20' L-686.87' T..367.75' CB•N01' 27'21"E C-664.68' C2 ,6-02'54'38" R-776.20' L-39.43' T•19.72' C9-N28.15'44"E C.39.43' APPRoxmic L�f CR�Fk SRL f LINE TABLE / / / / / LEGEND A PX NAIL Irrs+.+es row, O r ROM PPE roue ua.ESs N07(0 O Ya' NON ROD *TN A PLASTIC CAP SET El CONCRETE MOMAENT SET • CN.CtLATED POgt • ye not R00 mato ./ CAP UWESS NOTED e T mate 'FORMA mmw •.ox. POW . mart o oot DECMoin+c or NON RCO FOUND M ROM PPE mac crrawL KUM RECORDS TOLUA +SON COUNTY. TEXAS 00 9l. RECORDS INLIAWSgN COMM TEXAS PA.P,C7a PLAT RECORDS t#RUAY$0N STT TEXAS DA..LJ. DEED RECORDS .EU/MSON CCuNTY, 7E%AS i/ MORRISON HOMES OF TEXAS, INC. / CALLED 30.554 ACRES ' / DOC. NO. 2003026096 /0.P.R.W.C.TX. LINE NO. L1 BEARING DISTANCE N74* 30'01"W 22.70' L2 562* 40'54"E 22.00' NOTES: TEXABEARINGS STATE PLATE COORDINACOORDRIATEs TE SYSTE , ON 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR Of' 1.00012, AS PROVIDED BY DOUG ANDERSON. RPLS, SURVCON. INC. DETAILS ARE NOT DRAWN TO SCALE. 1HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND AND THAT THIS PLAT IS TRUE ANO CORRECT TO THE BEST SOF MY KNOWLEDGE AND BELIEF. C. M. SOLOMON REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5734. STATE OF TEXAS Ausikk Tees 79735 (512) 447-0575 Fax (5T2)" •. 1Q64 3.. SYCAMORE TRAIL, LTD., REMAINDER OF A CALLED 27.61 ACRES DOC. NO. 2001007249 0.P.R.W.C.TX. S74,�. 3p 41, S47 $4 . CONTINENTAL HOMES OF TEXAS, L.P., CALLED 33.61 ACRES DOC. N0. 2000065504 0.P.R.W.C.TX. DATE RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. RIGHT-OF-WAY PLAT SHOWING PROPERTY OF SYCAMORE TRAIL, LTD. PAGE 5 OF 5 REF. FIELD NOTE NO. 3134 1/ 0 15 30 SEPTEMBER 2003 P.A. HOLDER SURVEY A-297 WILLIAMSON COUNTY, TEXAS SCALE r-30' NOTES) P.A. HOLDER SURVEY A-297 A K4 & M EQUITIES IV, INC. CALLED 5.631 ACRES DOC. NO. 1999963931 0.P.R.W.C.TX. LEGEND 4.I1 ....YRRN1 PK OWL f/ISINCX FOUND Q T IRON PIPE MIND 1MLES5 NOTED O Ye IRON ROD WITH A PLASTIC CAP SET • CONCRETE Leoweer SET p �CAjLCULATED rein ,•) RECORD PPORMATRN ROO �IDN 1I cm mess NOTED rat PORT Of ammo PALO. PORI Of EMINENCY,* VI RCN IMq NPAIINC.T.. Of FOOL PUNIC RECORDS TRLLM550N COLNTY. 7E7tAS oJL*.CT.. OFf cW. RECORDS T4.LtAtISON COUMTY, TEXAS PAW.. PLAT MOMS 10.1066ON COUIRT.TT]tAS ARVAC.T. DEED RECORDS WILLWMISCl1 COUNTY. TEXAS �---�API'ROXIM,g7 'ANTER `lam _BRUSHY CREEK 0 0 CITY OF ROUND ROCK POSSESSION AND USE AGREEMENT 6, FOR TRANSPORTATION PURPOSES CALLED 3.52 ACRES t). DOC. NO. 2001038656 0.P.R.W.C.TX. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE CODRDWATE SYSTEM. NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 700012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. OE TAILS ARE NOT DRAWN TO SCALE. IHEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. C. M. SOLOMON REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5734, STATE OF TEXAS PART 1 0.01E ACRE (771 SO. FT.) s SYCAMORE TRAIL, LTD., REMAINDER OF A CALLED 27.61 ACRES DOC. NO. 2001007249 0.P.R.W.C.TX. .06�� e• N6„W . ob/ 56660 MORRISON HOMES OF TEXAS, INC. CALLED 30.554 ACRES DOC. NO. 2003026096 0.P.R.W.C. TX. /-03 DATE RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. ply. 6996 MN MN”' viy 29*. ONAOYq R ftu .Ttom. 7736 (512) 447-1:675 Fac (514 325-3020 RIGHT-OF-WAY PLAT SHOWING PROPERTY OF SYCAMORE TRAIL, LTD. PAGE 4 OF 5 REF. FIELD NOTE NO. 3134 uoUV iv -u Sycamore Trail, Ltd. 0.37 Acre (16,286 sq. R.) Right -of -Way Tract P.A. Holder Survey A-297 Williamson County, Texas • EXHIBIT w /.. /1 A.. A A. FN 2941R (ALG) May 15, 2003 SAM, Inc. Job No. 23103-20 DESCRIPTION OF A 0.37 ACRE (16,286 SQ. FT.) TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 27.61 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO SYCAMORE TRAIL, LID. AS RECORDED IN DOCUMENT NO. 2001007249 OF THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.37 ACRE (16,286 SQ. FT.) TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found for an angle point in the south line of a called 4.83 acre tract of land as described in the deed to David L. Carlin and wife, Mary C. Carlin as recorded in Volume 1155, Page 286 of the Deed Records Williamson County, Texas, same being the north line of said remainder tract; THENCE with said common line, N 37° 50' 50" E, a distance of 157.61 feet to a 1/2 -inch iron with a plastic cap set for the northwest corner of the tract described herein and the POINT OF BEGINNING; THENCE continuing with said common line, the following three (3) courses and distances: 1. N 37° 50' 50" E, a distance of 3.27 feet to a 1/2 -inch iron rod found for an angle point, 2. N 14" 49' 00" E, a distance of 15.11 feet to a 1/2 -inch iron rod found for an angle point, and 3. N 23° 41' 52" E, a distance of 1.61 feet to a 1/2 -inch iron rod with a plastic cap set for a north common corner of said remainder tract and a called 3.52 acre tract as conveyed to the City of Round Rock in the Possession and Use Agreement for Transportation Purposes as recorded in Document No. 2001038656 of the Official Public Records of Williamson County, Texas, same being in said common line, from which a 1/2 -inch iron rod found bears N 23° 41' 52" E, a distance of 77.46 feet; THENCE Ieaving said common line and continuing with the east line of said remainder tract and the west line of said 3.52 acre tract the following three (3) courses and distances: 1. S 25° 50' 49" E, a distance of 467.29 feet to a concrete monument found in said common line for a point of curvature, 2. with the arc of a curve to the right a distance of 636.37 feet, through a central angle of 55° 33' 52", a radius of 656.20 feet, and whose chord bears S 01° 56' 07" W, a distance of 611.72 feet to a concrete monument found for a point of tangency, and 3. S 29° 43' 03" W, a distance of 70.26 feet to a calculated point in the approximate centerline of Lake Creek, being the north line of a called 33.61 acre tract as described in the deed to Continental Homes of Texas, L.P. as recorded in Document No. 2000065504 of the Official Public Records Williamson County, Texas, for the southeast corner of the tract described herein, from which a 1/2 -inch iron rod found for the northeast corner of said 33.61 acre tract bears S 74° 30' 01" E, a distance of 694.03 feet THENCE with the common line of said 33.61 acre tract and said remainder tract, same being the approximate centerline of Lake Creek, N 74° 30' 01" W, a distance of 30.95 feet to a calculated point for the 'southwest comer of the tract described herein; THENCE leaving said common line and crossing said remainder tract the following seven (7) courses and distances: Page 1 of 3 UUUV lu-b Sycamore Trail, Ltd. 0.37 Acre (16,286 sq. ft.) Right -of -Way Tract P.A. Holder Survey A-297 Williamson County, Texas FN 2941R (ALG) May 15, 2003 SAM, Inc. Job No. 23103-20 1. N 29° 43' 03" E, a distance of 77.86 feet to a concrete monument set for a point of curvature, 2. with the arc of a curve to the left a distance of 72.45 feet through a central angle of 06° 37' 45", having a radius of 626.20 feet, and whose chord bears N 26° 24' 11" E, a distance of 72.41 feet to a concrete monument set for a point of tangency, 3. S 66° 54' 42" E, a distance of 20.00 feet to a concrete monument set for a point of curvature, 4. with the arc of said curve to the left a distance of 551.91 feet, through a central angle of 48° 56' 07", having a radius of 646.20 feet, and whose chord bears N 010 22' 45" W, a distance of 535.28 feet to a concrete monument set for a point of tangency, 5. N 25° 50' 49" W, a distance of 40.25 feet to a 1/2 -inch iron rod with a plastic cap set for an angle point, 6. S 64° 09'11" W, a distance of 4.00 feet to a 1/2 -inch iron rod with a plastic cap set for an angle point, and 7. N 25° 50' 49" W, a distance of 413.08 feet to the POINT OF BEGINNING and containing 0.37 acre (16,286 sq. ft.) of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. STATE OF TEXAS KNOW ALL MEN BY THESES PRESENTS: COUNTY OF WILLIAMSON That I, C. M. Solomon, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during December 2000. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 9°i day of September 2003 A.D. SURVEYING AND MAPPING, Inc. 5508 West Highway 290, Building B Austin, Texas 78735 Page 2 of 3 C d j is�-�—cry-•�.- C. M. Solomon Registered Professional Land Surveyor No. 5734 - State of Texas 1 } P.A. HOLDER SURVEY / / N / 0 100 SEPTEMBER 2003 P.A. HOLDER SURVEY A-297 WILLIAMSON COUNTY, TEXAS O SCALE 1"-200' O SEE DETAL . c� sEE DETAL N25• 50'49" 40.25' SYCAMORE TRAIL, LTD. REMAINDER OF A EP %II CALLED 27.61 ACRES DOC. NO. 2001007249 0.P.R.W.C.TX. UNE N0. BEARING DISTANCE L1 N37• 50'50"E_ 3.27' L2 N14.49'00"E 15.11' L3 N23• 41'52"E 1.61' 1,4 S29• 43'03"W 70.26' 15 N74• 30'01"W 30.95' L6 N29• 43103"E 77.86' L7 S66* 54'42"E 20.00' L8 S64.09'11"W 4.00' L9 N23• 41'52"E 77.46' .aa- pRox� "Az crfeE.k. NOTES: 0.37 ACRE (16,286 SQ. FT.) 0 A-297 LEGEND A PK gm w,staeR rout O r Row PPE FOIAID UNLESS NOTED O V? ROW COAwiTN A PLASTIC CM SET ® CONCRETE WINUNEMT SET ,A C,t.CUATED PONT 1 RECORD ROD rouen w, CEP I AFBs NomREC 1 1 ORD KORNUXMI Pet4 DFOF 8I 0 rnt COY6ENCsO M atm PPE FMON ROD O MD cox IPS. . � MO RECORDS wu.UALSON Must r� . TEXAS OFFINC RECORDS ■u.bt GcN COUYTY, TEXAS N.C.T.. PLAT RECORDS wuLW6NSON COMM, TEXAS LA.ae r., DEED RECORDS ou.IMISON COUNTY, TEXAS \` CITY OF ROUND ROCK POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES CALLED 3.52 ACRES DOC. NO. 2001038656 0.P.R.W.C.TX. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE PROVIDED BY DOUG ANDERSON. USTMENT FACTORPLS, SUURRVICON IlC. DETAILS ME NOT DRAWN TO SCALE. DET AR. •A .1 L5 I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND MI0 THAT THIS PLAT IS TRUE AND CORRECT 70 THE BEST OFMY NY KNOWLEDGE AND BELIEF. C. M. SOLOMON REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5734, STATE OF TEXAS C1 A-55.33'52" R-656.20' 1436.37' T-345.71' CB-S01.56'07"W C -611.72' DETAIL 'B' NOT TO SCALE C2 A•06.37'45" R-626:20' L-72.45' T•36.27' CEI -N25• 24'11"E C-72.41' C3 A-48.56'07" R•646.20' L-551.91' T»294.05' CB4N01.22'45"W C-535.28' 4 J 0 f 94.0 CONTINENTAL HOMES ---1"--• OF TEXAS, L.P., CALLED 33.61 ACRES DOC. NO. 20+.. 65504 O.PRECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. 6506 Weal HIcheray 200, DuNdir4 B µT 711/35 7-0575 Faic (S12) 226..3020 DATE RIGH %— SAY PLAT SHOWING PROPERTY OF SYCAMORE TRAIL, LTD. PAGE 3 OF 3 REF. FIELD NOTE N0. 2941R i 1 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 1004006147 01/26/2004 01:37 A11 CARRILLO $36.00 NANCY E. RISTER, COUNTY CLERK UILLIAtSON COUNTY, TEXAS ,ERI JAZ- 0D 05 Cf q % A Ausiin Ti fe C,'ompany. I THE STATE OF TEXAS • EXHIBIT F„ 411. SPECIAL WARRANTY DEED A.W. GRIMES BLVD. COUNTY OF WILLIAMSON .11111111 1DEED 6 PGS 2004073975 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed A.W. Grimes Blvd. ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, SYCAMORE TRAIL, LTD, a Texas limited partnership, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: BEING a 0.1988 acre tract out of the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, more particularly described by metes and bounds on Exhibit "A" attached hereto. Said 0.1988 acre tract being a portion of that 4.83 acre tract described in deed dated January 16, 1985, from JOE P. BROWN and wife, EVELYN JEANETTE BROWN to DAVID L. CARLIN and wife, MARY C. CARLIN, recorded in Volume 1155 Page 286 of the Real Property Records of Williamson County, Texas. (Parcel 7) Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, C:\Documents and Settings\txauejl\Local Settings\Temporary Internet Files\OLK992100072629.DOC other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN XITNprS WHEREOF, this instrument is executed on this the day of , 2004. SYCAMORE TRAIL, LTD, a Texas limited partnership By: ASHTON OAKS, L.L.C., a Texas limited liability corporation By: /4/1 - Robert D. Wunsch, President Acknowledgments State of Texas County of Williamson This instrument was acknowledged before me on this the 4 day of 52P , 2004 by Robert D. Wunsch, President of Ashton Oaks, L.L.C., a Texas limited liability corporation, on behalf of Sycamore Trail, Ltd., a Texas limited partnership. R. HINOJOSA NOTARY PUBLIC Stan at Ttaae Comm. NM/16/2001 *),(414.Le-pe... Notary Public, State of Texas C:\Documents and Scttings\txaucji\Local Settings\Temporary Internet FileslOLK992\00072629.DOC PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. Attorneys at Law 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Old Settler's Blvd. Suite 100 Round Rock, Texas 78664 08/15/2003 FRI 07:39 FAX SHEETS & CROSSFIELD P.C. 14002/00 64/18/2003 08:25 FAX 19122186583 CORR PUBLIC WORKS , SHEETS 0.1988 Acre Right -of -Way (8660 Squaro.Peet) P.A. Holder Survey A-297 Williamson County, Texas 2'g6cg 4 904 FN 209882 (MLQ) April 1, 2003 SAM, Inc. Job No. 23103 20 DESCRIPTION OF A 0.3988 ACRE TRACT (8660 SQ- 1T.) OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT WO. 207 WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.83 ACRE TRACT OF LAND DESCRIBED IN TEE DEED TO DAVID L. CARLIN AND WIFE. MARY C. CARLIl' AS RECORDED IN VOLUME 1I55, PAGE 286 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.1988 ACRE TRACT (8660 SQ, FT.) OF LAND AS SHOWN ON THE ACCOMPANYING R1011T-OP-WAY SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY MBTBS AND BOUNDS AS FOLLOWS: C01i4MENO NG ata 1,i -inch Iron rod found for an angle perm Ina common line of the remainder of a called 27.61 acre tract of 1crud described in the deed to Sycamore 'Nall, LTD. is recorded in Document No. 2001007249 of the Oficial Public Records Williamson Comity, Texas and said 4483 acne tram; THENCE with said coumton rine, N 37' 50' 50" E, a distance of 137.61 feet to a 1 -inch iron rod with "SAM, INC." plattic cap set for the PO1N1' OF BEGINNING; THENCE ksving said common line and crossing said 4.83 acre tract the following two (2) courses end distances: 1. N25. 50' 43" 137, a distance of 55.56 feet to a brass side m concrete set fora point ofourvatuWc, and 2. with tbo arc of a curve to the right 119.75 feet through a central angle of OP 40' 59", having a radius of 790.20 feet, and wilco chord bears N 21° 30' 19" W, a distance of 119.64 feet to a 1I2•ineb 'iron rod with "SAM4, INC." plastic tap m In rhe north line ofsaid 4.63 acre tract, sumo being tho south lbw of called 5.631 acre tract ofland dcscribod in the decd to M&M Equities IV, Inc. as recorded is Document No. • 1999633931 of the Official Public Retards Willionson County, Texas, from which a 112 -inch iron rod found for a point of =Wore in the south line of the Missouri PaciOc Railroad Right -of Way (a 100 foot wide ROW), ea found montunentad and occupied on the wound, beam, 14 71° 37' 47" W. e distance of 3.13 feet to a calculated point, and S 53.39' 45" W, a distance 05405.36 feet; THENCE with the common line ofsaid 4.83 Ind 5.631 acre tracts, S 71'37' 47" 1:, a distance of 126.18 feet to a calculated point for the northeast corner ofsald 4.83 ave tract, same being the northwest corner of said 27.61 etre tracq RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. Page 1 of 08/18/2003 FRI 07:40 FAX SHEETS & CROSSFIELD P.C. f�j003. '04/18/2003 08:2S FAX 5122183563 CORR PUBLIC WORKS 4 SHEETS , PJ 005 0.1988 Acre Right -of -Way (8660 Square Feat) P.A. Holder Survey A-297 Williamson County, Texas FN 209882 (MLQ) April 1, 2003 SAM, Inc, lob No. 23103-20 THENCE leasing said ermnton line with the common line of said 4.83 and 27.61 ace tram Use following three (3) morns and distances: 1. S 23'41' 32" W, a dhtence of 11337 to a 1/2 -inch iron rod found, 2. S 14' 49' Ot:/' W. A distance of 15.11 feet (called S 17' 00' 30" W, a distance of 15.07 feet in Volume 1155, page ;236 of the Oftklal Records Williamson County, Texas) to a 112-fneh iron rod Found, and 3. S 37° 50' SC" W, a distance of 3.27 feet to the POINT OF BEGINNING and containing 0.1968 acre 0660 sq. ft.) of land, more or leu. Bearing Basis: Bearings are baded an the Texas State Plane Coordinate System, NAD 33, Cenral Zone and adjusted to susihce using a surface adjustment factor of 1.00012. As provided by Doug ,Anderson, RP'J S, Sorvcan, Ips, THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN RY THESE PRESENTS: That I, Michael R. Ther, a Aeglitered Professional Land Surveyor, de hereby certify that tho above description is true ted correct to Ms best of my knowledge and belief and that Ills property described herel6 was determined by a survey toads on the ground daring December 2001 under my ditectien end suuperriston. WITNESS MY HAND AND SEAL at Austin, Travis County, Teas this the 2nd day ofAprf15003 A.D. SURVEYING AND MAPPING, Inc. 4029 Capital Maas Hwy., So. Suite 123 Austin, Texas 78704 Page 2of3 4 Mie ►kei R Hatcher Registered ?M ssional Land Surveyor No. 4259 - Stats of Texas RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. 08/16/2003 FRI 07:40 FAX SHEETS & CROSSFIELD F.C. 103/18/2003 08:26 FAX 5122186663 CORR PUBLIC WORKS + STS • 1 BEARING BASSFIBEARINGS ARE BASED ON 11 C '{EXAS STATE PLANE CDDRDSNATE SYgEt,1, NAD 153, CENTRAL ZPNDE AND, RPLSSTED TO TU, FACE USING A SURFACE AD.IUSTlAENT FACTOR OF L00012. AS PROMOEO BY DaUC 121 004/00 1m008 L1 N71'3747W 3.53' L2 s37•50'sew 3.27' C1 R=79&20' L46119.75' T+a5B.99' C8=1421"30'19'W C 2119.64' LEGEND 1 19 1 P4o� • q140‘ Lt y7 30 20 10 D30 .= Zvrmimmisel GRAPHIC SCALE GCAY.E_1'-30 Mr P. 0T D a su2.Y$Y ABSTRACT NO. 20 48113M1,50N COUNTlr. TEXAS CALLED 6.531 ACRES M,sda EOUITIES IV, INC. DOC. NO. 1999633931 O.P.R.W.CJ C r. CALLED 4.83 ACRES DAVID L CARLIN AND WIFE, MART C. CARIIN YOWNE 1155. PASS 288 O.R.W.C.TX. CALCULATED Paul- • BRASS alurBRASS OM( IN CONcRETE SET CS 12- IRON ROO INTI - SAM; 1740. 1'44$77 CAA 58T (NLESS ons FOUND omaAL PALM RECQROS N0LUI4XSQN taDUN7Y, TEXAS OFFICIAL RECORDS KILLIAMSON COUNTY. TEXAS RGLR P INT-OF-BFCINNING P.O C: POINT OF-CLUMENCING ( ) RECORD INFORMATION * OP_RL4rx. O.R. 7.C. Tx. CERTIFY THAT THIS SURVEY WAS MADE OM THE GROUND AND UNDER 1t? DIR£CI1DN AND 1;*� J ` SUPERVISION AND THAT THIS PLAT IS TRUE -, 41:7• CORRECT TO THE BEST OF' MY KNOWLEDGE AN „ter - 8EL1EF. 00 z.1 `o ..___..5.,-----. MI to R HAT" DATE REGI ' PROFESSIONAL LAND SURVEYOR NO. 4258. STATE OF TEXAS P.O.B. .1' P. 0.C. S1 4'49'00"W L2 15.11' (s17'00'30•w 15.07') s,asaco5 DICE FIELDNQ1E 2011112 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004073975 E. 89/21/2004 01:58 PM CARRILLO 524.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 1LCORDERS 14.1\101tANDUM All or pals of the textoathispoye wss Dot dwiykble for uuoaerynardlaion. Austin "rite Company • y EXHIBIT 111111111111111181111111111111111111 °�eD 6 PGS DONATION SPECIAL WARRANTY DEED A.W. Grimes Right -of -Way 2006039570 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, the City of Round Rock, Texas is authorized to purchase and receive land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of A.W. Grimes Blvd. ("Project"); and WHEREAS, the donation of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, Texas, hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day and by these presents does hereby Grant, Bargain, Sell, Donate and Convey unto Grantee all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: A 2.38 acre tract of Iand located in the P.A. Holder Survey, Abstract No. 267, Williamson County, Texas, being a portion of a called 33.61 acre tract of land described in the deed conveyed to Continental Homes of Texas, L.P., as recorded in Document No. 2000066004 of the Official Public Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of Grantee or its contractors and assigns to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. 00097389/vr • Grantor makes this donation on an "as is", "where is" and "with all faults" basis, and Grantee expressly acknowledges that Grantor makes no warranty or representation, express or implied, or arising by operation of law, including, but not limited to, any warranty of condition, title (other than the special warranty of title with respect to the real property and any improvements as otherwise provided herein), habitability, merchantability, or fitness for a particular purpose with respect to the property or any portion thereof. TO HAVE AND TO LIOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee and its assigns forever; and Grantor does hereby binds itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto Grantee and its assigns against every person whomsoever Iawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. IN WITNESS WHEREOF, this instrument is executed on this the o�� ' day of jG . t.i , 2006. GRANTOR: CONTINENTAL HOMES OF TEXAS, L.P., A Texas Limited Partnership By: CHTEX of Texas, Inc. A Delaware Corporation, its GeneralJPartner and Maier, Vice -President STATE OF TEXAS COUNTY OF WILLIAMSON ACKNOWLEDGMENT This instrument was acknowledged before me on RICHARD Maier, Vice -President of CHTEX of Texas, Continental Homes of Texas, L.P., a Texas limited pa partnership in thwiriaphwpim and for the purposes ; . + oL. oA$L? sot P Po 3 C'; _ y o 'PA4�OFSS+e • •EXPIRE.• /7:0 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. this the. ' day of " \tF,4{ , 2006 by c., a Delaware Corporation, General Partner of rship, on behalf of said corporation and limited on recited herein. Notary Public, tate of Texas 2 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 i 2.38 Acre Right -of -Way P.A. Holder Survey A-267 Williamson County, Texas FN 2080R (CMS) January 2, 2001 SAM, Inc. Job No_ 99105-20 DESCRIPTION OF A 238 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 33.61 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO CONTINENTAL HOMES OF TEXAS, L.P. AS RECORDED IN DOCUMENT NO. 2000065504 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 2.38 ACRE TRACI' OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING ata 60D Nail found in concrete for an angle point in the common line of said 33.61 acre tract and a called 15137 acre tract described in the deed to Continental Homes of Texas, L.P. as recorded In Document Number 2000066004 of the Official Public Records Williamson County, Texas; THENCE continuing with said common line N l6' 28' 31" W a distance of 441.62 feet to a 14 inch iron rod with cap se for the southeast corner of the tract described herein and the POINT OF BEGINNING; THENCE continuing with said common line N 16' 28' 31" W a distance of 166.28 feet to a Y, inch iron rod with cap set for the southwest corner of the tract described herein, from which a 2 inch iron fence post found (called for in deed) for an angle point in said common line bears 16' 28' 31" W a distance of 852.43 feet; THENCE leaving said common line and crossing said 33.61 acre tract of land N 29° 43' 03" E passing at a distance of 732.94 feet a V2 inch iron rod with cap set for reference, continuing for u total distance of 792.94 feet to calculated point for the northwest corner of the tract descn'bed herein, in the approximate centerline of Lake Creek, same being the south line of a called 27.61 acre tract of land described in the deed to James J. Hoover and wife, Sue S. Hoover as recorded in Volume 649, Page 114 of the Deed Records Williamson County, Texas, same being the north line of said 33_61 acre tract; Page I of 3 EXHIBIT nAtt 2,38 Acre Right -of -Way P.A. Holder Survey A-267 Williamson County, Texas FN 2080R. (CMS) January 2, 2001 SAM, Inc. Job No. 99105-20 THENCE with the approximate centerline of Lake Creek same being the common line of said 27,61 acre tract and said 33.61 acre tract S 740 30' 01" E It distance of 123.79 feet to a calculated point for the northeast corner of the tract described herein, from which a 3/8 inch iron rod found in said approximate creek centerline, and being the northeast corner of said 33.61 acre tract hears S 74'30' 01" E a distance of 570.24 feet; THENCE leaving said common line and crossing said 33.61 acre tract S 29° 43' 03" W passing at a distance of 60.00 feet a % inch iron rod with cap set for reference continuing fora total distance of 938.45 fcet to the POINT OP BEGINNING and containing 2.38 acres of land more or less. Beating Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Znne and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON Thar I, Keith A. Jimenez, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the properly described herein was determined by a survey made on the ground during December 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 11* day of January 2001 A.D_ SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 Page 2 of 3 jr!S , . _ / 1! 2� °cith A—..1] Registereiiofeas .nal Land Surveyor No. 4329 - State of Texas INTANo • F NCEposT rt W okp�a `rc ...NIENP JAMES J..,OOVER AND WIFE, SUE S. HOOVER CALLED 27.61 ACRES °� = ,�4 JO'p „ VOL 649, PG. 114 r- 2.y.79,7 E D.R.W.C.TX. > %Q, rn /; is• Or - \m ,'/ ti 1 �= kP.O.C. NOTES! BEARINGS AND COORDINATES ARE BASED ON T}NE TEXAS STATE PLANE COORDINATE SYSTEM,N B3, AENTRAL SURFACE A JUSTMAND NTFACTTOROOF1,00042. AS G PROVIDED BY DOUG ANDERSON. RPLS, SURVC , INC. DETAILS ARE NOT DRAWN TO SCALE. I I1QREBY CERTIFY THAT 'Nos SURVEY WAS. AD£ ON THE GROUND UNDER MY DIRECTION A1'ID SUPERVISE N AND THAT THIS PLAT 1S TRUE AND CORRECT TO THE ST OF MY KNEDGE AND BE EF, KEITH A. JIMENEZ REGISTERED PR NO. 4.329, STAT 0 IMO. Vi V2150 I SURVEYOR i JANUARY. 2001 P.A HOLDER SVRVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE r-200' 1100 200 P.A. HOLDER SURVEY A-267 CONTINENTAL HOMES OF TEXAS, L.P. CALLED 33.61 ACRES DOC No. 2000065504 0.R,1/4.C.TX, RECORDERS MEMORANDUM Ail or parts of the text on this page was not clearly legible for satisfactory recordation. •ars CwpT IQrroos y, sa woax, oax! Aa SAD IS An.Tma) 7V01 {6121 447.(676 Ftn 6S) see-�mI1 DATE LEGEND L c c ATED pow A 60 D Tut. N CONCRETE FURS O Ve ROeN PM SET INC* UNLESS rNiEO t•1 VC 1011 C IFOI ATC04wferPw.CSSIQ 0 PAS. OY PONT O co/memp PP At es rr rot MN O9Rw.6.u. OfF1ni �'C Nem REM= NLumsc 1 COMFY, mos VJtKC,l.. ONNE304. RECORDS Ms11040N coLoNY, "WS PxrP..h. PLAT PCODRDS 3111.1.0115011 =WY. TEXAS D.0.v c.T.. DEED NCCCROs WILLIO1SON CW Y. TEXAS RIGHT--OF—WAY PLAT SHOWING PROPERTY OF RICHARD C. JENNINGS PAGE 301:'3 REF. FIELD NOTE NO. 2080R FILED PND RECORDED OFFICIAL PUBLIC RECORDS 2006039570 55/38/2006 04:09 PM NBURNS $36.00 NANCY E. RISTER, COUNTY CLERK UILLIAMSON COUNTY, TEXAS c 0 U a) 6 0 0 C13 E 6 (is Ordinance No. A -08-09-25-13B3 Annexing 3.8808 acres AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008078104 10/10/2008 02:28 PM KFOSTER $228.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS