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CM-2017-1556 - 11/28/2017REAL ESTATE CONTRACT RM 620 Right of Way—Parcel 21 THIS REAL ESTATE CONTRACT ("Contract") is made by and between ROUND ROCK RETIREMENT RESIDENCE LLC, a Delaware limited liability company, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.1. Fee Prone*. By this Contract, Seller agrees to sell and convey, and Purchaser agrees to purchase and pay for, the tract(s) of land described as follows: All of that certain 0.031 acre (1,349 square foot) tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; being more fully described by metes and bounds in Exhibit "A". attached hereto and incorporated herein (Parcel 21): together with all and singular the rights and appurtenances pertaining to such property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Fee Property"), and any improvements and fixtures situated on and attached to the Property described herein not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. I.2. Easements. In addition, by this Contract, Seller agrees to grant and Purchaser agrees to pay for the following easement interests in the property described below (collectively, the "Easements"): (a) Public Utility Easement interest in and across all of that certain 0.02I acre (922 square foot) tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; more fully described by metes and bounds in Exhibit "B". attached hereto and incorporated herein (Parce121PUE): and (b) Temporary Construction Easement interest in and across all of that certain 1,093 square foot tract of land, out of and situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County; more fully described as shown in Exhibit "C", attached hereto and incorporated herein (Parcel 21TCE). Exhbit A-1 4825-81194183.2 ARTICLE H PURCHASE PRICE 2.1. Purchase Price. (a) The Purchase Price for the Fee Property and the acquisition of any improvements, and any damage or cost of cure for the Fee Property acquired in fee simple and described in Exhibit "A" shall be the sum of TWENTY EIGHT THOUSAND ONE HUNDRED SEVENTY SEVEN and 001100 Dollars ($28,177.00). (b) The Purchase Price for the easement interest acquired as a Public Utility Easement and described in Exhibit "B" shall be the sum of ONE THOUSAND SIX HUNDRED NINETY FOUR and 001100 Dollars ($I,694.00). (c) The Purchase Price for the easement interest acquired as a Temporary Construction Easement and described in Exhibit "C" shall be the sum of SEVEN HUNDRED TWENTY THREE and 001100 Dollars ($723.00). 2.2. Payment of Purchase Price. The Purchase Price for the Fee Property and the Easements shall be payable in cash at the Closing. ARTICLE III CONDITIONS TO OBLIGATIONS 3.1. Conditions to Purchaser's Obligations. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing): None. 3.2. Conditions to_ SeIler's Obligations. The obligations of Seiler hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Seller at or prior to the CIosing): (a) Seller's mortgagee shall have approved the conveyance of the Fee Property and the grant of the Easements; and (b) Seller's mortgagee shall have executed and delivered a partial release of its lien for the conveyance of the Fee Property. Seller makes no representation or warranty that Seller's mortgagee will approve the conveyances described herein or the release of such mortgagee's lien on the Fee Property. 3.3. Miscellaneous Conditions. Seller and Purchaser shall have performed, observed, and complied with all of their respective covenants, agreements, and conditions required by this Exhbit D-2 4826-81194I831 Contract to be performed, observed, and complied with by Seller and Purchaser respectively prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.1. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the CIosing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser and the residents occupying Seller's senior housing facility at the Property; (b) Seller has not received any written notice of material violations of any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof which have not been cured; and condemnation. (c) The Fee Property herein is being conveyed to Purchaser under threat of ARTICLE V CLOSING 5.1. Closing Date. The Closing shall be held at the office of Capital Title Company within 10 business days after the later of (i) completion of any title curative matters if necessary for items as shown on the Title Commitment or in the Contract or (ii) Seller's receipt of its mortgagee's approval and partial lien release as provided in Section 3.02 above (which date is herein referred to as the "Closing Date"). 5.2. Seller's Obligation at C1 sin . At the Closing Seller shall: (a) Deliver to the State of Texas a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Fee Property described in Exhibit "A": deliver to the City of Round Rock a duly executed and acknowledged Public Utility Easement conveying such interest in and to the property described in Exhibit "13", and deliver to the State of Texas a duly executed and acknowledged Temporary Construction Easement conveying such interest in and to the property described in Exhibit "C", all free and clear of any and all liens and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof, including, without limitation, those title matters noted on Exhibits "A". `B" and "C" hereto; Exhbit D-3 4826-87I9.41832 (iii) All applicable land use, subdivision and zoning regulations; (iv) Any exceptions of record as of the date hereof or approved by Purchaser in writing; and (b) The Decd to the State of Texas shall be in the form as shown in Exhibit "D" attached hereto. The Public Utility Easement to the City of Round Rock shall be in the form as shown in Exhibit "E" attached hereto. The Temporary Construction Easement to the State of Texas shall be in the form as shown in Exhibit "F" attached hereto. (c) Deliver to Purchaser possession of the Fee Property. 5.3. Purchaser's Obligations at Closing. At the Closing, Purchaser shall: (a) Pay the full amount of the Purchase Price (b) Cause to be delivered to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (i) The boundary and survey exceptions shall be deleted; (ii) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (iii) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". 5.4. Prorations. General real estate taxes for the then current year relating to the Fee Property acquired in fee simple shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. Agricultural roll -back taxes, if any, shall be paid by Purchaser. 5.5. CIosing Costs. All costs and expenses of closing in consummating the sale and purchase of the Fee Property shall be borne and paid as follows: (a) All Owner's Title Policy premium and survey to be paid by Purchaser. (b) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (c) All other closing costs shall be paid by Purchaser. (d) Attorney's fees paid by each respectively. ARTICLE VI RAW D-4 4826-8719.41832 BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser, as its sole remedy may either: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. The foregoing remedies of Purchaser shall be Purchaser's sole remedy for any breach by Seller under this Contract. .ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser. ARTICLE VIII NIISCELLANEOUS 8.1. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 8.2. Texas Law to Analy. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 8.3. Parties Bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 8.4. Legal Construction. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 8.5. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Exhbit D-5 4826-87]9-4183.2 8.6. Time of Essence. Time is of the essence in this Contract. 8,7. Gender. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 8.8. Corn fiance. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 8.9. Effective Date. This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. 8.10. Counterparts. This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. 8.11. Possession and Use Agreement. By execution of this Contract the parties agree that at any time after the expiration of thirty days subsequent to the Purchaser's tender of the full amount of the Purchase Price to the Title Company's escrow account, that Purchaser, its employees, contractors and agents shall be allowed to take exclusive possession of the Property prior to the Closing Date if Purchaser determines it shall become necessary for undertaking investigation or construction activities related to the proposed RM620 roadway improvements and/or utility relocations, and Purchaser shall be allowed to remove any improvements existing on the Property at that time and not previously retained and removed by Seller. If requested by Purchaser, the Seller shall execute a Possession and Use Agreement document to this effect, in a form prepared by Purchaser and which is suitable for recording in the Real Property Records of Williamson County, Texas SELLER: ROUND ROCK RETIREMENT RESIDENCE LLC, a Delaware limited liability company By: Harvest Mezzanine I LLC, Sole -member By: G�%A�� �[V" Name: Christopher J. Bouchard It's: Chief Legal Officer & Secretary Date: 11/16/2017 4826-871941832 Address: c/o Holiday Retirement Attn: Legal Department_ 480 N. Orlando Ave., Suite 236 Winter Park, Florida 32789 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Name: Laurie Hadley, i Mana Date: 11,0e-,17 4826-87144183.2 Address: 221 East Main St. Round Rock, Texas 78664 EXHIt M A PROPERTY DESCRIPTION FOR PARCEL 21 Exhbit A-1 4826-8719-41831 Reissued 12104115 Page 1 of 5 EXHIBIT A County: Williamson Highway: R. M. 620 Limits: Deepwood Dr. to IH 35 CSJ: 0683-01.092 PROPERTY DESCRIPTION FOR PARCEL 21 DESCRIPTION OF A 0.031 ACRE (1,349 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A, OF THE ROUND ROCK RETIREMENT RESIDENCE SUBDIVISION RECORDED IN CABINET AA, SLIDES 269-270 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO ROUND ROCK RETIREMENT RESIDENCE LIMITED PARTNERSHIP BY INSTRUMENT RECORDED IN DOCUME=NT NO. 2005059998 OF THE OFFICIAL PUBLIC RECORDS OF WILLIMSON COUNTY, TEXAS, SAID 0.031 ACRE (1,349 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 'A" iron rod found, 352.68 feet right of proposed Ranch to Market (R.M.) 620 baseline station 494+57.12, being the southwesterly corner of Lot 1 of The Commons subdivision recorded in Cabinet G, Slide 81 of the Plat Records of Williamson County Texas and conveyed to the City of Round Rock, Texas by Instrument recorded In Document No. 2012099041 of the Official Public Records of Williamson County, Texas, same being the easterly boundary line of Lot 4 of The Little Oak Addition subdivision recorded in Cabinet A, Slides 350-352 of the Plat Records of Williamson County Texas, same being the most northwesterly corner of said Lot 1 (Round Rock Retirement Residence subdivision); THENCE departing said easterly boundary line of Lot 4 (Little Oak Addition subdivision), with the common boundary line of said Lot 1 (The Commons subdivision) and said Lot 1 (Round Rock Retirement Residence subdivision), N 82°39'15" E at a distance of 469.01 feet to a'/2" iron rod with TxDOT aluminum cap set, 129.84 feet right of proposed R.M. 620 baseline station 498+87.06, being the curving proposed southerly right-of-way (ROW) line of R.M. 620 (ROW width varies), for the most westerly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE departing said proposed southerly ROW line, with said common boundary line, N 82039115" IE for a distance of 45.52 feet to calculated point being an angle point In the existing westerly ROW line of Chisholm Trail Road ( ROW width varies), being the most northeasterly corner of said Lot 1 (Round Rock Retirement Residence subdivision), for the most northeasterly corner of the herein described parcel, and from which an "x" cut in concrete, being an angle point In the westerly ROW line of said Chisholm Trail Road, same being most southeasterly comer of said Lot 1 (The Commons subdivision), bears N 82°39'15" E at a distance of 6.32 feet; 2) THENCE with said existing westerly ROW line of Chisholm Trail Road, same being the easterly boundary line of said Lot 1 (Round Rock Retirement Residence subdivision), 811°02'58" W for a distance of 126.09 feet to a %" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 231.85 feet right of proposed R.M. 620 baseline station 499+49.85, being said curving proposed southerly ROW line, for the most southerly comer of the herein described parcel; THENCE departing said existing westerly ROW line, with said proposed southerly ROW line of R.M. 620, through the interior of said Lot 1 (Round Rock Retirement Residence subdivision), the following five (5) courses: Parcel 21 Reissued 12/04/15 Page 2of5 3) Along a curve to the left, having a delta angle of 05000'00", a radius of 271.00 feet, an are length of 23.65 feet, and a chord which bears N 08"32158" E for a distance of 23.64 feet to a W' iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 208.82 feet right of proposed R.M. 620 baseline station 499+44.54, for a point of tangency of the herein described Parcel; 4) N 06002158" E for a distance of 37.55 feet to a'/2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 172.63 feet right of proposed R.M. 620 baseline station 499+34.52, for a point of curvature to the lett 5) Along said curve to the left, having a delta angle of 41027'45", a radius of 43.95 feet, an arc length of 31.80 feet, and a chord which bears N 14°40154" W for a distance of 31.11 feet to a M" Iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 147.52 feet right of proposed R.M. 620 baseline station 499+16.14, for a point of tangency of the herein described parcel; 6) N 35°24'47" W for a distance of 15.81 feet to a %" Iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type 11 monument), 138.89 feet right of proposed R.M. 620 baseline station 499+02.89, for point of curvature to the left; 7) Along said curve to the left, having a delta angle of 0603412811, a radius of 159.00 feet, an arc length of 18.24 feet, and a chord which bears N 38042137" W for a distance of 18.23 feet to the POINT OF BEGINNING, containing 0.031 acres (1,349 square feet) of land, more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESE=NTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, 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 under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Registered Professional Land Surveyor No. 4933 Licensed Slate Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 0 25 50 I " 50' 497+00 " Ralaaued+ 12/04/15 PAGE 3 OF 5 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING CI 05'00'00" 271.00' 23.65' 23.64' NOB' 32' 58"E C2 41'27'45" 43.95' 31.80' 31.1 1 ' N 14.40' 54 "W C3 06.34' 28" 159.00' 18.24' 18.23' N38' 42' 37"W I PROPOSED R.M. 620 BASELINE 490.00 S69.29'35'E a63.35' 499.00 NUMBER DIRECTION DISTANCE LI N82'39'15'E 45.52' L2 N82'39'15'E 6.32' L3 N06.02' 58' E 37.55' L4 N35.24'47'W 15.81' CITY OF >. r ROUND ROCK, TEXAS DOC. NO. 2012099041 0. P. R. W. C. T. P. 0. B. PARCEL 21 STA. 499.67.06 129.84' RT J GA �o r,F 0� 500400 RhILIWAtt RI(111 LN ViAV RETEREM1. ',11rtl I V-13 JUTE 30. 1417 :daD REVISED APRIL In, I•,Si sti0l.s .10 F•p31 RIGlIT •(1r •WAi s cl iy Cc) r f LOT I ✓ j 9TA✓499.02.99 O x 13. 173 AC.) ll ° �° / 1.39, 89' RT \�' �i w O MIB CA HE G 0 SL N B 1 p/& S J\�'� Jlsay. S2' R76. 14 2 I 0 p ■ m �. R. W. C.'T. /.t ca\•A' 0.031 AC. 0 � o � in 1 .3 O.E% 1.349 SO. FT. 0 bul { LOT 3 /�'L. �Q STA. 499-34.52 /N LOT 1, BLOCK A 172,63' RT ttr p ROUND ROCKo p e RETIREMENT RESIDENCE : CAB. AA, SL. 269-270 57A. 499.44.54 ` P. R. W. C. T. 208.82' RT ICS° i'iD-- F. V, E. P.O. R. CAD.Ati, 'LICE M-270 r O PARCEL 21 , 1 P. R, if. r, T. (4.92 AC.) STA. 494•ST. tZ , STA. 5, RT .85 i1 352.68' RT � ` 23!.85' RT 0.06 AC. LftI 't 55 12,1 511. rt) LOT 4 ` \ Psr11AL RELEASC =c, e• of P. u. E, ji d LITTLE OAK ADDITION 1 1xar.. NO. 20(16026360- ""' CAB. A, SL. 350-352ROUND RETIREMENT ` n. P. R. n. C. T. c P.R. W.C.T. / RESIDENCE V/LOT 5 \ LIMITED PARTNERSHIP CALL iDlt'S1IDE SLIDCiii'-770x` / ,�� . �Y DOC. NO. 22005059998 P. R. 71. r. I. 6 a}Z F- I.L. SI ��� O. p` R. VI`C. T. r - 1 r _ —,y11SDC DIRE F1 r I11;c�.��{;"1 I.+.'1a Ac. 12t.u21 SO. FT.)---* Y:ATERLIIIE EASEIIEIIT DOE. 200700iGG5 4. P. k. T;. C. 3, PARCEL PLAT SHOWING PROPERTY OF i N L A N D u ROUND ROCK RETIREMENT �sAapaTrfmantal7}ansportaflon kcOo�El-Ics� RESIDENCE LIMITED PARTNERSHIP P'AOP6SIONAL LANDS17AYLYOAS 1 s04 cwsHO OCKp X 786 T13 103 PARCEL 21 IL PR (512)239-1200. FAXX(SI2)236-12SI ! SCALE , 0683501-092 PRM 620 WILLIIAAMSON EXHIBIT " LEGEND Relesueds 12/04/15 PAGE 4 OF 5 ■ TXDOT TYPE I CONCRETE MONUMENT FOUND t PROPERTY LINE 0 %2' IRON ROD SET W/ TXDOT ALUMINUM CAP i } RECORD INFORMATION TO BE REPLACED BY TYPE II MONUMENT 1l(— LINE BREAK p TXDOT TYPE II CONCRETE MONUMENT FOUND IV P. 0. B. LAND HOOK POINT OF BEGINNING • Y2' IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE O 1/2' IRON ROD FOUND W/PLAST I C CAP N. T. S. NOT TO SCALE D. R. W. C. T. DEED RECORDS O COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS X X CUT FOUND 0. R. W. C. T. OFFICIAL RECORDS • 60/0 NAIL FOUND WILLIAMSON COUNTY, TEXAS 0. P. R. W. C. T. OFFICIAL PUBLIC RECORDS Q CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0 1/2' IRON ROD W/ ALUMINUM CAP P. R. W. C. T. PLAT RECORDS STAMPED 'TXDOT' SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) CENTER LINE LOT I q � 42 O 21 DETAIL 'A' N. T. S. DETAIL 'B' N. T. 5. 1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using 0 Combined surface adjustment factor of 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1031 ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 21, 2014. ISSUE DATE JANUARY 29, 2014. 1. RESTRICTIVE COVENANTS+ CABINET AA, SLIDES 269-270 PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NO.(S) 9755892, SUBJECT TO AND 9923075. OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY .TEXAS, NOT SUBJECT TO. IOC. A PUBLIC UTILITY EASEMENT 10 FEET IN WIDTH IS DEDICATED ABUTTING ALL LOT LINES OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES AS STATED PER THE RECORDED PLAT THEREOF AS AFFECTED BY THE PARTIAL RELEASE OF PUBLIC UTILITY EASEMENT RECORDED IN DOCUMENT NO. 2006025360, bF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. O. A UTILITY EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 234, PAGE 132, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES kOT AFFECT. E. A UTILITY EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 235, PAGE 65, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. F. AN ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 294, PAGE 41, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. G. RIGHT-OF-WAY DEED RECORDED IN VOLUME 422, PAGE 365, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. H. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN AGREEMENT AND DEVELOPMENT PLAN FOR PUBLIC UTILITY DISTRICT NO. 32 RECORDED IN DOCUMENT ND. 9755892, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. I. ALL OIL, GAS AND OTHER MINERALS ROYALTIES BONUSES RENTALS AND OTHER RIGHTS IN CONNECTION WITH SAME, ALL OF WHICH ARE EXPRESSLY EXCEPTED HEREFRSM AND NOT INSURED HEREUNDER, AS SET FORTH IN INSTRUMENT FILED UNDER DOCUMENT NO. 9923075, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. TITLE TO SAID MINERAL INTEREST HAS NOT BEEN TRACED FURTHER, DOES NOT AFFECT. PARCEL PLAT SHOWING PROPERTY OF INLANDU ROUND ROCK RETIREMENT a0apndmanfaf7Fanaporfafion cEODE-r�cs� Tiara PROFESSIONAL (.ANP SURVEYORS RESIDENCE LIMITED PARTNERSHIP CHISHOLMTRAIL RD. SM I09 PARCEL 21 ROUND ROCK, TX. 78681 SCALE CSJ n PROJECT COUNTY FH. (517)231-1200, FAX(SI2)23l-1251 1, g0 • 0683-01-092 RM 620 W I LL I AMSON A,n LXHItlII -_" Releauedl 12/04/151 PAGE 5 OF 5 J. TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN GRANT OF EASMENT AND MEMORANDUM OF AGREEMENT RECORDED IN DOEUMENT NO. 2005102081 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS BY AND BETWEEN ROUND ROCK RETIREMENT RESIDENCE LIMITED PARTNERSHIP AND TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE PARTNERSHIP, SUBJECT TO. K. A SIDEWALK EASEMENT GRANTED TO CITY OF ROUND ROCK IN INSTRUMENT FILED IN DOCUMENT NO. 2007001664, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. L. WATERLINE EASEMENT GRANTED TO CITY OF ROUND ROCK TEXAS IN DOCUMENT NO. 2007001665. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON CONTY, TEXAS, DOES NOT AFFECT AS SHOWN. M. QUITCLAIM CONVEYANCE OF EASEMENT RIGHTS AS RECORDED IN DOCUMENT NO. 2005040777 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. N. A WORK ASSIGNMENT SUPPLEMENT FORM OF EASEMENT GRANTED TO ATMOS ENERGY CORPORATION IN INSTRUMENT FILED UNDER DOCUMENT NO. 2005060879, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS. DOES NOT AFFECT. 0. TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN ACCESS EASEMENT AND WATER DETENTION EASEMENT AGREEMENT BETWEEN CENTRAL BAPTIST CHURCH4OF7RbUNID ROCKOANDCCOLSONB&ICOLSONRCONSTRUCTIONMCO.,CDOESYhOTEAFF�CT. AND I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION.19 ItIl-'Aa-4A, %Zj—'ua /�}} / / b� ///` J 4 M. STEPHEN TRUESDALE DATEt REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 C141SHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 PARCEL PLAT SHOWING PROPERTY OF t50,1 INLANDU ROUND ROCK RETIREMENT crrvoEries !R4►lSSIONAL LAND S1IRRESIDENCE LIMITED PARTNERSHIP VEYOR3 1504ROu DSK TRAIL 103 SCALE CSJ PROJECT COUNTY N1.alx1x3ll-1z�D,iNt15171�3s-1x51 I" 0683.01-092 RM 620 WILLIAMSON ACQUISITION 0.031 1,349 CALC/DEED AREA 4,92 214,315 REMAINDER AREA 4,889 212,966 lf7bxna Oopertmant of 7ianspaurtallan PARCEL 21 EXN BIT B PARCEL DESCRIPTION FOR PARCEL 21-E Exhbit B-1 4826-871441832 County: Williamson Parcel : 21-E Highway: R. M. 620 BPage 1 of 5 EXHIBIT PROPERTY DESCRIPTION FOR PARCEL 21-E DESCRIPTION OF A 0.021 ACRE (922 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO, 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A, OF THE ROUND ROCK RETIREMENT RESIDENCE SUBDIVISION RECORDED IN CABINET AA, SLIDES 269- 270 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO ROUND ROCK RETIREMENT RESIDENCE LIMITED PARTNERSHIP BY INSTRUMENT RECORDED IN DOCUMENT NO, 2005059998 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.021 ACRE (922 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %" Iron rod with TxDOT aluminum cap set, 129.84 feet right of proposed R.M. 620 baseline station 498+87.06, being the southerly boundary line of Lot 1 of The Commons subdivision recorded in Cabinet G, Slide 81 of the Plat Records of Williamson County Texas, same being the northerly boundary line of said Lot 1, also being the proposed southerly ROW line of R.M. 620 (ROW width varies), for the northeasterly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing the southerly boundary line of said Lot 1, (The Commons subdivision), with said proposed southerly ROW line of R.M. 620, through the interlor of said Lot 1 (Round Rock Retirement Residence subdivision), the following four (4) courses: 1) Along a curve to the right, having a delta angle of 06°3412811, a radius of 169.00 feet, an arc length of 18.24 feet, and a chord which bears S 38°4237" E for a distance of 18.23 feet to a %" Iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type I I monument), 138.89 feet right of proposed R.M. 620 baseline station 499+02.89; 2) S 35024147" E for a distance of 15.81 feet to a %" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 147.52 feet right of proposed R.M. 620 baseline statlon 499+16.14, for a point of curvature to the right; 3) Along said curve to the right, having a delta angle of 41027'45", a radius of 43.95 feet, an arc length of 31.60 feet, and a chord which bears S 14040'54" E for a distance of 31.11 feet to a %" Iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type Il monument), 172.63 feet right of proposed R.M. 620 baseline station 499+34.52, for a point of tangency of the herein described tract; 4) 5 06002168" W for a distance of 6.02 feet to a calculated point, for the most southerly corner of the herein described tract; THENCE, departing said proposed southerly row line of R.M. 620, through the Interior of said Lot 1 (Round Rock Retirement Residence subdivision), the following two (2) courses: 5) N 35°24'47" W for a distance of 49.42 feel to a calculated point of curvature to the left; Parcel 21-E Page 2 of 6 6) Along said curve to the left, having a delta angle of 10°48'43", a radius of 144.00 feet, an arc length of 27.17 feet, and a chord which bears N 40049'44" W for a distance of 27.13 feet to a calculated point, for the northwesterly corner of the herein described tract and from which a %" Iron rod found being the southwesterly corner of said Lot 1 (The Commons subdivision) and the northwesterly corner of said Lot 1 (Round Rock Retirement Residence subdivision), same being the easterly boundary line of Lot 4 of Little Oak Addition subdivision recorded in Cabinet A, Slides 350-352 of the Plat Records of Williamson County Taxes bears S 82'39'15" W at a distance of 450.30 feet; 7) THENCE, with the common boundary line of said Lot 1 (The Commons subdivision), and said Lot 1 (Round Rock Retirement Residence subdivision), N 82039115" E for a distance of 18.71 feet to the POINT OF BEGINNING, containing 0.021 acres (922 square feet) of land, more or less. This property description Is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, 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 under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Registered Professional Land Surveyor No, 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78881 ILA 0 25 50 I. 50' ■ w PLAT 04/01/14 PAGE 3 OF 5 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING CI 06` 34'28* 159.00' 18. 24' 18.23' S38' 42' 37' E C2 41.27' 45" 43.95' 31.80' 31.11' S14. 40' 54"E .C3 10' 48'-4 3' 144.00' 27.17' 27.13' N40` 49' 44'W I \ I PROPOSED R.M. 620 BASELINE 497.00 498.00 499 NUMBER DIRECTION DISTANCE LI N82.39' 15'E 45.52' L2 N82'39'15'E 6.32' L3 S35.24'47"E 15.81' L4 S06.02' 58"W 6.02' L5 N35.24' 47'W 49.42' L6 N82.39'15'E 18.71' ile, P. 0. B. �°tr. PARCEL 21-E '� STA. 496.67.06 129.84' RT 0 0 . . W%P"OSED4 � . _9x -VI i• f .F���� C'0 `SPI 0 LOT I i (3. 173 AC. I ,�' STA..e499.02.89 1,36.89' RT O�•0\'499.16.I4AHE COMMONS s)C 147.52' RT 2I -E 0.021 AC. LOT 3 l / g9'yQ 922 SO. FT. ` S$?•� LOT 1, BLOCK A STA. 499#34.52— ROUND 99.34.52—ROUND ROCK 172.63' RT RETIREMENT RESIDENCE v� CAB. AA, SL. 269-270 - t6 4luc P.u.�. P. R. W. C. T. 1 t•.SR. A:, '.1 ME zr,. r„ R. 7L. C. r. (4.92 AC.) LOT 4 G 500'00 `A a, O ROUND ROCK RETIREMENT 0.511( ' AL LITTLE OAK ADDITION f;, 51 a, FF1 CAB. A, SL. 350-352 RESIDENCE f•Ai r 1AL RELEASE P. R. W. C. T. ` , LIMITED I TEO P20050599 i P 9131. ,n; r2LF, GG2n' i,fl DOC. N0. 2005059998 u. p. R. v.,:. T. 0. P. R.W.C. T. U r,10E NE LOT 5 LAR. aA, iL 1r C. v. 2411-. — ' - WATER+ ML > a•E1rr INLANDu GEODETICS MONSOONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE 103 ROUND RUCK, TX. 78681 1 1H.lS1O271-1200,FA%{f12i231-1251 ■ C-) 2 1A } ar A.0. r;. 1 7EDI.AIION - DEP PLAr , ROUND ROCK RETIREMENT ..•. �r°x°S a°°°�°rrme'r►°r Trans�lv»a>1 am RESIDENCE LIMITED PARTNERSHIP SCALE I CSJ R PROJECT COUNTY PARCEL 21-E IN - 50' RM 620 1 WILLIAMSON EXHIBIT OR ` LEGEND 04/01/14 PACE 4 OF 5 ■ TXDOT TYPE I CONCRETE MONUMENT FOUND C PROPERTY LINE (3. 173 AC. } t UI 1/Z• IRON ROD SET W/ TXDOT ALUMINUM CAP I ) RECORD INFORMATION VZ TO BE REPLACED BY TYPE II MONUMENT LINE BREAK p TXDOT TYPE II CONCRETE MONUMENT FOUND N P. 0. B. LAND HOOK POINT OF BEGINNING LOT I 13.173 AC. 1 i 1/Z" IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE O 1/x" IRON ROD FOUND W/PLASTIC CAP N.T.S. NOT TO SCALE D. R. W. C. T. DEED RECORDS O COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS X X CUT FOUND O. R. W. C. T. OFFICIAL RECORDS 60/0 NAIL FOUND WILLIAMSON COUNTY, TEXAS 0. P. R. W. C. T. OFFICIAL PUBLIC RECORDS 0 CALCULATED POINT WILLIAMSON COUNTY. TEXAS 0 %Z' IRON ROD W/ ALUMINUM CAP P. R. W. C. T. PLAT RECORDS STAMPED 'TXDOT* SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) % CENTER LINE LOT I R z —"1 I -E x -4(- (3. 173 AC. } t UI O U1 VZ \ \ �c LOT 1 (4.92 AC.)' LOT I 13.173 AC. 1 / DETAIL 'A' N. T. S. DETAIL "B' N. T. S. II All bearings shown hereon are based on grld bearing. All distances are surface distances. Coordinates ore surface values based an the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined surface adjustment factor of 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1031, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARY 21, 2014, ISSUE DATE JANUARY 29. 2014. I. RESTRICTIVE COVENANTSi CABINET AA, SLIDES 269-270 PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NO.(S) 9755692, SUBJECT TO AND 9923075, OF THE OF�ICIAL RECORDS OF WILLIAMSON COUNTY ,TEXAS, NOT SUBJECT TO. IOC. A PUBLIC UTILITY EASEMENT 10 FEET IN WIDTH IS DEDICATED ABUTTING ALL LOT LINES OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES AS STATED PER THE RECORDED PLAT THEREOF, AS AFFECTED BY THE PARTIAL RELEASE OF PUBLIC UTILITY EASEMENT RECORDED IN DOCUMENT NO. 2006026360, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN. D. A UTILITY EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY BY INSTRUMENT FILED UNDER VOLUME 234, PAGE 132, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES kOT AFFECT. E. A UTILITY EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 235. PAGE 65, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IIS DESCRIPTION CANNOT BE LOCATED. F. AN ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 294, PAGE 41, OF THE DEED RECORDS OF WILLIAMSON COUNTY. TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. G. RICHT-OF-WAY DEED RECORDED IN VOLUME 422, PAGE 355, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. H. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN AGREEMENT AND DEVELOPMENT PLAN FOR PUBLIC UTILITY DISTRICT NO. 32 RECORDED IN DOCUMENT NO. 9755892, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. I. ALL LOLCHAREEPESYEECEEDYHEFRBAND RSEDRSHSEIFRTHNTINSRETA�, FWHIOTHER MINERALS, ROYALTIES NU INSURED HEREUNDER ATOINTUMN FILED UNDER DOCUMENT ND. 9923075. OF THE OFFICIAL RECORDS OF WILLIAMS61I COUNTY, TEXAS. TITLE TO SAID MINERAL INTEREST HAS NDT BEEN TRACED FURTHER. DOES NOT AFFECT. PARCEL PLAT SHOWING PROPERTY OFe-7 exas ftarlmeW at Transpartallon I N ,e► nI D U ROUND ROCK RETIREMENT GEODETICS t003 PRDF13MNAL LAND FURWYOS RESIDENCE LIMITED PARTNERSHIP 1304CIfISHOLM DROCrWLRO.STE.103 SCALE CSJ p PROJECT COUNTY PARCEL 21-E aOUNa, noc�, Tx. reesel RM 620 I LL I NTY P pI3j1Uf-12AFAX131Z)ZWIZSI I' - 50' KX141RIT "B " 04/01/14 PAGE 5 OF 5 J. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN GRANT OF EASMENT AND MEMORANDUM OF AGREEMENT RECORDED IN DOCUMENT NO. 2005102081, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXASI BY AND BETWEEN ROUND ROCK RETIREMENT RESIDENCE LIMITED PARTNERSHIP AND TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE PARTNERSHIP. SUBJECT TO. K. A SIDEWALK EASEMENT GRANTED TO CITY OF ROUND ROCK IN INSTRUMENT FILED IN DOCUMENT NO. 2007001654, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS, DOES NOT AFFECT. L. WATERLINE EASEMENT GRANTED TO CITY OF ROUND ROCK TEXAS. IN DOCUMENT NO. 2007001665. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON CONTY, TEXAS, DOES NOT AFFECT AS SHOWN. M. QUITCLAIM CONVEYANCE OF EASEMENT RIGHTS AS RECORDED IN DOCUMENT NO. 2005040777 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT. N. A WORK ASSIGNMENT SUPPLEMENT FORM OF EASEMENT GRANTED TO ATMOS ENERGY CORPORATION IN INSTRUMENT FILED UNDER DOCUMENT NO. 2005060879. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTi. TEXAS, DOES NOT AFFECT. O. TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN ACCESS EASEMENT AND WATER DETENTION EASEMENT AGREEMENT RECORDED IN DOCUMENT NO. 2005040778. OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS BY AND BETWEEN CENTRAL BAPTIST CHURCH OF ROUND ROCK AND COLSON & COLSON CONSTRUCTION CO., DOES NOT AFF CT. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER :MYdDIRE TION AND SUPERVISION 'eol(o M. STEPHEN T UESOALE DATEt REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 PARCEL PLAT SHOWING PROPERTY OF Texas aeparlmW or Trassportotlon 1 N L A N D u ROUND ROCK RETIREMENT FaofcEoofsslorus_ 'wvocsjsuavcroas RESIDENCE LIMITED PARTNERSHIP ®�3 114 1504CHISHOLMTRAIL RD. ST&1G3 SCALE CSJ a PROJECT COUNTY PARCEL 21-E ROUND ROCK, TX. 78691 F11.(ST2123e-IMFAxlslzat�-12!1 I" ■ 5D� RM 620 WILLIAMSON EXHIBIT C PLAT TO ACCOMPANY PARCEL DESCRIPTION Pxbbit C-1 4826-8719-11833 ILA 0 25 50 I" • 50' c 04/01/14 PAGE 3 OF S NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C 1 06' 34'28" 159.00' 18.24' 18. 23' S38' 42' 37"E C2 41"27'45 * 43.95' 31. 80' 31.1 1' S 14.40' 54'E C3 10. 48' 43- 144.00' 27.17' 27.13' N40' 49' 44-W I PROPOSED A.L. 520 BASELINE 497*00 498.00 49 NUMBER DIRECTION DISTANCE LI N82'39'15"E 45.52' L2 N82'39'15"E 6.32' L3 S350 24'47'E 15.81' L4 S06' 02' 58"W 6.02' L5 N35'24'47"W 49.42' L6 N82439'15"E 18.71' 'lee P. 0. B. PARCEL 21-E STA. 49B• 87.06 7; 129.84' AT J. G 50OI00 'A lcsO41 PARCEL PLAT SHOWING PROPEEd Texas aeparlowd of Transportation I N L A N D u ROUND ROCK RETIREME GEO©EPICS RESIDENCE LIMITED PART - i0.0F6S3,ONAL LAND 3UgYLYD1IS 1504 CHISHOLM TRAIL IU3. STE.103 SCALE C5J n PROJECT ROUND ROCK, TX. 78681 PARCEL 21-E n1• (stzr:te-1266, FAx 151fl tn�-ust I " - 50' RM 620 . PROPOSED lS. O. W. 0 ° LOT I (3. 173 AC. 1 1.36.8999RT2.89 THE CQO S CA G SL.N B 1 W. - /0� 1 STA. 499616. 14 _ /AyA� � 147.52' AT 21 -E ° S�^ n K P. R. C. T. LOT 3 9 p•0 I AF �• 5, y 9 2 U. Ln 5 / r q 3°� LOT ND ROCK A S499.34.52 ROUT2.6 00 RETIREMENT RESIDENCE 801 CAB. AA, SL. 269-270 O C 'ALA ti r 2r`: 2Its IV. . r. (4.92 AC.) eq � r LOT 4 ROUND ROCK RETIREMENT r: ss'i 5' LITTLE OAK ADDITION RESIDENCE G•�ir1AL , r. AS- ' / CAB. A, SL. 350-352 P. R. W. C. T. \ LIMITED PARTNERSHIP )IF F. u. E. DOC. NO. 2005059998 +i`' ,;q. 2ua61u� +r,u 1093 sq. ft. temp O.P. R.W. C.T. o. e, rt. vr... t L construction LOT 5 ` .1) •% i o[ Ii. U. E. car,. ss. 5LIDO ,;a•,', easement area / `1 ,,1I F \ P. P. 7J, r.. T. i'lI!i • Ill` 0. -rfi S , ImitEicl.nn%�. z,) 1) GA PARCEL PLAT SHOWING PROPEEd Texas aeparlowd of Transportation I N L A N D u ROUND ROCK RETIREME GEO©EPICS RESIDENCE LIMITED PART - i0.0F6S3,ONAL LAND 3UgYLYD1IS 1504 CHISHOLM TRAIL IU3. STE.103 SCALE C5J n PROJECT ROUND ROCK, TX. 78681 PARCEL 21-E n1• (stzr:te-1266, FAx 151fl tn�-ust I " - 50' RM 620 1�*11"10 MIM Notice of Confidentiality Rights: If you are a natural person, you may remove or striae 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. Form ROW N -M (Rev. 07113) Pape t of 3 DEED RM 620 Right of Way TxDOT ROW CSJ: 0683-01-092 TzDOT Parcel No.: 21 Grantor(s), whether one or more: Round Rock Retirement Residence LLC, a Delaware limited liability company Grantor's Mailing Address (including county): 480 N. Orlando Ave., Suite 236 Winter Park, Florida 32789 Grantee: The State of Texas, acting by and through the Texas Transportation Commission Grantee's Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203 to acquire or request to be acquired such other property rights deemed necessary or convenient for the purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non -controlled facilities and designated controlled access highways and turnpike projects. Grantee's Mailing Address (including county): Texas Department of Transportation Attn: Right of Way Administrator 7901 N. IH 35 Austin, Texas 78761 Travis County Consideration: The sum of Twenty Eight Thousand One Hundred Seventy -Seven and noll00 Dollars ($28,177.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied. *N14* Form ROW -N-14 (Rev. 07113) Page 2 of 3 Property: All of that certain tract or parcel of land in Williamson County, Texas, being more particularly described in the attached Exhibit A (the "Property'D. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1. Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas Ieases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property 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 the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Grantor is retaining title to the following improvements ("Retained Improvements') located on the Property, to wit: Landscaping and Brick Wall. Grantor may elect to remove the Retained Improvements from the Property by the later of (1) thirty (30) days after the date of this Deed, or (2) the expiration of any Notice to Vacate deadline provided pursuant to the rules of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A., et. al., or any applicable TxDoT relocation assistance program, subject to such extensions of time as may be granted by Grantee in writing. In the event Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed, then, without further consideration, title to all or part of such Retained Improvements not so removed shall pass to and vest in Grantee, its successors and assigns, forever. GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. EXECUTED on the date(s) of acknowledgement indicated below. Form ROW -N-14 (Rev. 67113) Pape 3 of 3 GRANTOR: ROUND ROCK RETIREMENT RESIDENCE, LLC, a Delaware limited liability company By: Harvest Mezzanine I LLC, Sole -member By: Name: Christopher J Bouchard Title: Chief Legal Officer & Secretary Acknowledgement State of Oregon ) ss: County of Clackamas_) This instrument was acknowledged before me this day of , 2017 by Christopher J Bouchard, as Chief Legal Officer & Secretary of Round Rock Retirement Residence LLC, a Delaware limited liability company. Leah Renae Kuor Notary Public in and for the state of Oregon My Commission Expiration Date: 05/05/2018 After recording return to: EXHIBIT "E" PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § §KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That ROUND ROCK RETIREMENT RESIDENCE LLC, a Delaware Limited Liability Company, and its successors and assigns, ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual public utility easement and right-of-way in, upon, over, under, above and across the following described property, to -wit: All of that certain 0.021 AC (922 square foot) tract of land situation in the J.M. Harrell Survey Abstract No. 284, in Williamson County, Texas and being more particularly described in Exhibit "A' attached hereto and incorporated herein for all purposes. The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of subsurface public utilities, to - wit: electric transmission and distribution lines, telecornmunication and cable television lines, water lines, natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and related equipment, stormwater lines, drainage systems and structures, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage pipes and all other subsurface drainage structures, and any necessary accessories, or operations. Any improvements to be made by Grantee above the existing grade shall require the prior written approval of Grantor, which approval shall not be unreasonably withheld, conditioned or delayed. This conveyance is made and accepted subject to any and all easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas (collectively, the "Title Exceptions"). Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual, provided however that said easement, rights, and privileges shall cease and revert to Round Rock Retirement PUE - Parcel 21 (5-2-17) (00377657xA08F8).docx 4831-5800-1807.2 Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The perpetual easement, right-of-way, rights and privileges granted herein are nonexclusive; provided, that Grantor covenants not to convey any other easement or conflicting rights within the premises covered by this grant, without the express written consent of Grantee, which consent shall not be unreasonably withheld, conditioned or delayed. Grantee shall have the right to review any proposed easement or conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement; provided, however, before constructing any improvements, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) To the extent allowed by Iaw, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. 4831-3804.4807.2 Grantor hereby dedicates the easement as a public utility easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and singular all usual and customary rights thereto in anywise belonging, and together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing or maintaining said utilities and for making connections therewith, and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor except as to the Title Exceptions. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of .2017. (Signatures on the following pages.) Rowmd Rock Reti:ament PUE - Pe=121(5-2-17) (00377657xA08F8).dacx 4831-5800.4807.2 GRANTOR: ROUND ROCK RETMMENT RESIDENCE, LLC, a Delaware limited liability company By: Harvest Mezzanine I LLC, Sole -member By: Name: Christopher 3 Bouchard Title:. Chief Legal Officer & Secretary Acknowledgement State of Oregon ) ss: County of Clackamas 1 This instrument was acknowledged before me this day of , 2017 by Christopher 7 Bouchard, as Chief Legal Officer & Secretary of Round Rock Retirement Residence LLC, a Delaware limited liability company. Leah Renae Kuor Notary Public in and for the state of Oregon My Commission Expiration Date: 05/05/2018 4931-58004807.2 MORTGAGEE CONSENT TO EASEMENT The undersigned, being the mortgagee of certain real property located in the City of Round Rock, Williamson County, Texas, by virtue of a Deed of Trust, Assignment of Leases and Rents, Fixtures Filing and Security Instrument, dated as of February 28, 2007, recorded on March 20, 2007, as File Number 2007022296 in the Office of the Williamson County Clerk, State of Texas, made by Round _Rock Retirement Residence LLC, a Delaware limited liability company (formerly known as Round Rock Retirement Residence Limited Partnership, an Oregon Iimited partnership), in favor of the undersigned (as the assignee thereof) (as amended, the "Mortgage"), hereby consents and agrees to the grant of the easements described in the Public Utility Easement dated as of '2017 between CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas (the "City") and Round Rock Retirement Residence LLC, a Delaware limited liability company, doing business as Round Rock Retirement Residence (the "Easement Agreement"). The undersigned agrees that even though the Mortgage is prior in time to the interest of under the Easement Agreement, the undersigned and its successors and assigns shall recognize the rights of the City, its successors and assigns, under the Easement Agreement. No foreclosure of the Mortgage or sale of the parcel or deed in lieu of foreclosure shall cut off or extinguish any of such easement rights. By: Name: Title: Acknowledgement } } ss: } This instrument was acknowledged before me this day 2017 by as of FANNIE MAE. Notary Public Notary Public in and for My Commission Expiration Date: Round Rock Retirement PUE - Pame121 (5-2-17) (00377657xA08F8).d= 4831-58004807.2 Form ROW -N-93 Rev. V2003 OSD-EPC Page 1 oft EXHIBIT T" TEMPORARY CONSTRUCTION EASEMENT RM 620—Parcel 21 THE STATE OF TEXAS § ROW CSJ: 0683-01-092 COUNTY OF WILLIAMSON § IQiOW ALL MEN BY THESE PRESENTS: That ROUND ROCK RETIREMENT RESIDENCE LLC, a Delaware limited liability company, referred to as "Grantor", in consideration of $723.00 and other good and valuable consideration paid by the Texas Department of Transportation and the City of Round Rock, Texas, does hereby grant to The State of Texas, City of Round Rock, their agents, contractors, successors and assigns, hereinafter referred to as "State", a temporary construction easement for the purpose of additional workspace to allow waterline installation, retaining wall and related roadway appurtenance construction, all to be located within adjacent easements or right of way owned by State or the City of Round Rock ("Project"), in, along, upon and across the property located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: NIA Following completion of work within the temporary workspace easement area described in Exhibit "A", if State has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, State shall at its expense restore properties injured by State's activities to the substantially the same condition as existed previous to State's entry upon the particular property. To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. This temporary construction easement shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said temporary construction easement shall terminate and all use rights within the land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the highway facility Project activities described above, whichever occurs first. IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of , 2017. [signature page follows] Foran Row -N-83 Rev. 52003 Page 2 of GRANTOR: ROUND ROCK RETIREMENT RESIDENCE, LLC, a Delaware limited liability company By: Harvest Mezzanine I LLC, Sole -member By: Name: Christopher 7 Bouchard Title: Chief Legal Officer & Secretary Acknowledgement State of _ Oregon ) ss: County of Clackamas ) This instrument was acknowledged before me this day of __ _ _ , 2017 by Christopher J Bouchard, as Chief Legal Officer & Secretary of Round Rock Retirement Residence LLC, a Delaware limited liability company. Leah Renae Kuor Notary Public in and for the state of Oregon My Commission Expiration Date: 05/05/2018 After recording return to: City of Round Rock ROUNTEXAS soot Agenda Item Summary Agenda Number: Title. Consider executing a Real Estate Contract with Round Rock Retirement Residence LLC for the fee simple purchase of a 0.031 acre tract of land, public utility eaesment acquisition for that certain 0.021 acre tract of land, and temporary construction easement acquisition for that certain 1,093 square foot tract of land, in connection with the construction of improvements to RM 620 (Parcels 21, 21 PUE, and 21TCE). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/24/2017 Dept Director: Steve Sheets Cost: $30,594.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: 00390195.PDF, 00390268.PDF Department: Legal Department Text of Legislative File CM -2017-1556 Consider executing a Real Estate Contract with Round Rock Retirement Residence LLC for the fee simple purchase of a 0.031 acre tract of land, public utility eaesment acquisition for that certain 0.021 acre tract of land, and temporary construction easement acquisition for that certain 1,093 square foot tract of land, in connection with the construction of improvements to RM 620 (Parcels 21, 21 PUE, and 21TCE). The contract purchase price is equal to the City's approved appraisal value for the acquisition of these property interests. Cost $30,594.00 Source of Funds: RR Transportation and Economic Development Corporation City olRound Rock Page i Printed an 11/21/7017