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R-10-05-27-10C1 - 5/27/2010RESOLUTION NO. R -10-05-27-10C1 WHEREAS, the City desires to purchase an access easement interest in and across 0.0847 of one acre of land necessary for the Chisholm Trail Improvement Project, and WHEREAS, Frieling and Samuels Investments, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Frieling and Samuels Investments, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of May, 2010. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00192468.DOC/rmc Chisholm Trail — Parcel 18E REAL ESTATE CONTRACT Chisholm Trail Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between FRIELING AND SAMUELS INVESTMENTS, a Texas general partnership, (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 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract(s) of land described as follows ("Property"): Access Easement interest in and across all of that certain 0.0847 of one acre (3,690 square feet) of land, more or less, out of Lot 1, Block A, Anchor One, a Subdivision of Record in Cabinet P, Slide 120-121, Plat Records, Williamson County, Texas, and out of that tract described in a Deed to Frieling and Samuels Investments, of Record in Document Number 2000006036, Official Public Records, Williamson County, Texas; said 0.0847 of one acre of land being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein: ARTICLE II PURCHASE PRICE AND ADDITIONAL COMPENSATION Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of SIXTEEN THOUSAND NINE HUNDRED AND THIRTY SEVEN and 00/100 Dollars ($16,937.00). 2.01.1. As additional compensation Purchaser shall pay the amount of THIRTY NINE THOUSAND SIX HUNDERED SEVENTY and 00/100 Dollars ($39,670.00) for any damages, reconfiguration or cost to cure to the remaining property of Seller. Payment of Purchase Price 2.03. The Purchase Price and Additional Compensation, if any, shall be payable in cash at the closing. O:\wdox\SCC1nts\91199\0018E\CONTRACT\001865 52. DOC/m1 EXHIBIT „A„ ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. 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.): Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Survey, 3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 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 closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; The Property herein is being conveyed to Purchaser under threat of condemnation. 2 ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the Title Company on or before May 8, 2010, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment (which date is herein referred to as the "closing date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Access Easement to the Property shown in Exhibit "A", free and clear of any and all liens and encumbrances, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. The form of the Access Easement to be executed shall be as shown in Exhibit "B". (2) If requested, deliver 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 Purchaser's interest 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: (a) The boundary and survey exceptions shall be deleted; (b) If applicable, the exception as to restrictive covenants shall be endorsed "None of Record;" and (c) 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." (3) Deliver to Purchaser possession of the Property if not previously done. 3 Purchaser's Obligati9ns at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. If required, general real estate taxes for the then current year relating to the Property 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. All special taxes or assessments to the closing date shall be paid by Seller's. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI 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 may: (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. 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 amount of Five Hundred and 00/100 Dollars ($500.00) from the Purchaser, 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 their total damages and relief and as Seller's sole remedy hereunder in such event. 4 ARTICLE VIII MISCELLANEOUS Notice 9.01. 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. Texas Law to Apply 9.02. 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. Parties Bound 9.03. 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. Legal Construction 9.04. 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. Prior Agreements Superseded 9.05. 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. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. 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. 5 Memorandum of Contract 9.08, Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 9.09 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. Possession and Use Agreement 9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of relocating utilities and constructing or improving a public road and related facilities, if necessary to start the road construction project, upon full execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement document suitable for recording if requested by Purchaser. Effective Date 9.11 This Contract shall be effective as of the date it is approved by the City of Round Rock, which date is indicated beneath the City's signature below. [signature page to follow] 6 SELLER: FRIELING AND SAMUELS INVESTMENTS, a Texas general!; . rtnership By: Its: LA -Date: '-c`' l PURCHASER: CITY OF ROUND ROCK By: Alan McGraw Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 7 EXHIBIT Page 1 of 3 Access Easement March 5, 2009 PROPERTY DESCRIPTION FOR PARCEL 18NE DESCRIPTION OF 0.0847 OF ONE ACRE (3,690 SQUARE FEET) OF LAND OUT OF LOT 1, BLOCK A, ANCHOR ONE, A SUBDIVISION OF RECORD IN CABINET P, SLIDE 120-121, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DRED TO FRIELING AND SAMUELS INVESTMENTS, OF RECORD IN DOCUMENT NUMBER 2000006036, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0847 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found at the northwest corner of this tract, said Lot 1, and said Frieling and Samuels tract and the southwest corner of that tract described as 63.777 acres in a deed to Chisholm Trail Developers Venture, LTD., of record in Document Number 2003114923, Official Public Records, Williamson County, Texas, same being in the existing east right-of-way (ROW) line of Chisholm Trail and at the northeast corner of that tract described as a 10 foot ROW dedication on said plat of Anchor One and the southeast corner of that tract described as 0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document Number 2003093096, Official Public Records, Williamson County, Texas, from which a 1/2" iron rod found at the northwest corner of said tract dedicated as ROW per Anchor One and the southwest corner of said 0.307 of one acre City of Round Rock tract bears S68°58'47"W 9.53 feet; 1) THENCE, with the north line of this tract, said Lot 1, and said Frieling and Samuels tract and the south line of said Chisholm Trail Developers tract, N68°45'19"E 45.00 feet to a 1/2" iron rod set with a plastic cap at the northeast corner of this tract from which a 1/2" iron rod found at the northeast corner of said Lot 1 and said Frieling and Samuels tract bears N68°45' 19"E 513.21 feet; 2) THENCE, with the east line of this tract, crossing said Lot 1 and said Frieling and Samuels tract, S21°27'06"E 81.92 feet to a mag nail set with a washer at the southeast corner of this tract; 3) THENCE, with the south line of this tract, continuing across said Lot 1, and said Frieling and Samuels tract, S68°32'54"W 45.00 feet to an "x" cut set in concrete at the southwest corner of this tract, same being in the existing east ROW line of Chisholm Trail and the east line of said dedicated ROW in Anchor One; EXHIBIT Page 2 of 3 Access Easement March 5, 2009 4) TACE, with the west line of this tract, said Lot 1, and said Frieling and Samuels tract and the existing east ROW line of Chisholm Trail and the east line of said dedicated ROW in Anchor One, N21°27'06"W 82.08 feet to the POINT OF BEGINNING and containing 0.0847 of one acre (3,690 square feet) within these metes and bounds, more or less. All bearings are based on the Texas State Plane . Coordinate System, Central Zone, NAD83(93 HARN). All distances and coordinates were adjusted to surface using a combined scale factor of 1.00012. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That I, Chris Conrad, 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 Austin, Travis County, Texas, this the 5th day of March, 2009 A.D. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512) 451-8591 Chris Conrad, Reg. Professional Land Surveyor No. 5623 Note: There is a plat to accompany this description. (AONE ESMT2) Issued 3/5/2009 NOTES: SCALE 1" = 20' 0 Ny 0t 1 t1 o �g r .40 9 013 S1f —CH TO ACCOMPANY DESCRIPTI01i OF 0.ti..a47 AC. OR 3,690 SQ. FT. OF Li...J OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS 40'x45' EASEMENT ,. FOR TELEPHONE EQUIPMENT STATION VOL. 1182, PG. 215 O.R.W.C. co. UONt 040 EC ti,kt. �� zo p v01a- CHISHOLM TRAIL' DEVELOPERS VENTURE, LTD. DOC. 2003114923 -� 0.P.R.W.C. Z1, (63.777 AC.) � .8• 567'58'47"W 9.53' =P.04 .k51g')h a Srj9- ,, N6g • . 519 tom$ N6k 0 R PCS Pl' m.c- . g1g.2 .i ��N� ,0, LAG vel \ P,Zt RE: CITY OF ROUND ROCK • DAVID CURRY SURVEY ABSTRACT NO. 130 1 511'09'18"E ( 9.36' 5/8" 1 \ 1 \ CO. RD. 173 CHiSHOLM TRAIL (R.O.W. VARIES) 4. LOT 1 BLOCK A ANCHOR ONE CAB. P, SL. 120-121 P.R.W.C. FRIEUNG AND SAMUELS INVESTMENTS DOC. 2000006036 0.P.R.W.C. 6. 10' PUBLIC UTILITY EASEMENT • CAS. P. SL. 120-121 P.R.W.C. 1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL MONUMENTS, "RR01-002". A FIXED CONTROL. POINT HAVING COORDINATE VALUES OF N=10156747.30, E=3128487.39, AND "RR01-007". A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10165784.07. E-3126054.61. HAVING A GRID BEARING OF N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMRii Fr SCAM If. FACTOR IS 1.00012. AU. DISTANCES SHOWN ARE SURFACE ' `> 2. THIS SURVEY WAS PERFORMED WITHOUT • - AN OWNERSHIP AND EASEMENT REPORT. 03/05/09 CHRIS CONRAD, REG. PROF. LAND SURVEYOR N+. ►23 DATE Note: This copy of this plat is not valid unless an original signature through an original seal appears on Its face. There Is a description to accompany this plat. M:\SDsKPRoA.M-R O\DWc;r\PARCELSV NE_ESMT2.DWG CENTERLINE OF LONESTAR GAS UNE EASEMENT CAB. P, .120 P MAG LEGEND O 1/2. IRON ROD FOUND Q 1 /2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY' MAG NAIL SET WITH WASHER "X" CUT SET IN CONCRETE IRON PIPE FOUND (SIZE NOTED) POINT OF BEGINNING DEED RECORDS WIWAMSON COMITY, TEXAS OFFICIAL RECORDS WIUJAMSON COUNTY, TEXAS 0.P.R.W.C. OFFICIAL PURUC RECORDS V IWAMSON COUNTY, TEXAS P.R.W.C. PLAT RECORDS VAWAMSC N COUNTY. TEXAS SURVEYED BY: ISSUED: 03/05/09 PAGE 3 OF 3 MCGRAY & MCGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE K e AUSTIN, TEXAS 78731 (512) 451-8591 MAC a 0 0 P.O.B. D.R.W.C. O.R.W.C. 11 JOB NO.: 08-112 EXHIBIT INGRESS AND EGRESS ACCESS EASEMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THAT FRIELING AND SAMUELS INVESTMENTS, a Texas general partnership, hereinafter referred to as "Grantor", whether one or more ("Grantor"), for and in consideration of the payment of TEN and No/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, ("Grantee"), the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee, its successors and assigns, the perpetual right of ingress and egress over and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, describing 0.0847 of one acre (3,690 square feet) of land, more or less, out of Lot 1, Block A, Anchor One, a Subdivision of Record in Cabinet P, Slide 120-121, Plat Records, Williamson County, Texas, and out of that tract described in a Deed to Frieling and Samuels Investments, of Record in Docurxrent Number 2000006036, Official Public Records, Williamson County, Texas; said 0.0847 of one acre of land being more particularly described by metes and bounds as attached: This conveyance is made and accepted subject to any and all conditions and restrictions, 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, shown of record in the office of the County Clerk of Williamson County, Texas. The Easement, rights, and privileges granted herein are not exclusive, and Grantor may convey other easements or conflicting rights within the area -covered by this grant, without the consent of Grantee. Grantor, however, shall take all reasonable safeguards to otherwise protect the integrity and continuous use of Grantee's rights of ingress and egress across the Easement. The Easement may be used in common by Grantor, its guests, agents, servants, employees, invitees, successors, and assigns. 0AwdotaSCCtntsl91 t9910018E1REALESTATE100186577.DOCynt ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrumen : � a • 1 ged before me on the ZC. day of 'P1' L ,2010,b /i/' and consideration recited herein. NICHOLAS W. BASDEKIS NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 01.27-2014 poses 3 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 10C1. Ci Council A enda Summar Sheet Agenda Caption: Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Frieling and Samuels Investments for the purchase of the access easement interest in and across 0.0847 acre necessary for the Chisholm Trail Improvement Project (Parcel 18E). Meeting Date: May 27, 2010 Department: Legal Staff Person making presentation: Steve Sheets City Attorney Item Summary: This is a request for execution of a Real Estate Contract with Frieling and Samuels Investments to acquire 0.0847 of one acre for the Chisholm Trail Project. This right-of-way is necessary for the improvement to Chisholm Trail. Strategic Plan Relevance: 26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master Transportation Plan. Cost: $56,607.00 Source of Funds: 2002, 2004 & 2007 General Obligation Bonds Date of Public Hearing (if required): N/A Recommended Action: Staff recommends approval EXECUTED DOCUMENT FOLLOWS Chisholm Trail — Parcel 18E REAL ESTATE CONTRACT Chisholm Trail Improvement Project State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between FRIELING AND SAMUELS INVESTMENTS, a Texas general partnership, (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 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract(s) of land described as follows ("Property"): Access Easement interest in and across all of that certain 0.0847 of one acre (3,690 square feet) of land, more or less, out of Lot 1, Block A, Anchor One, a Subdivision of Record in Cabinet P, Slide 120-121, Plat Records, Williamson County, Texas, and out of that tract described in a Deed to Frieling and Samuels Investments, of Record in Document Number 2000006036, Official Public Records, Williamson County, Texas; said 0.0847 of one acre of land being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein: ARTICLE II PURCHASE PRICE AND ADDITIONAL COMPENSATION Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of SIXTEEN THOUSAND NINE HUNDRED AND THIRTY SEVEN and 00/100 Dollars ($16,937.00). 2.01.1. As additional compensation Purchaser shall pay the amount of THIRTY NINE THOUSAND SIX HUNDERED SEVENTY and 00/100 Dollars ($39,670.00) for any damages, reconfiguration or cost to cure to the remaining property of Seller. Payment of Purchase Price 2.03. The Purchase Price and Additional Compensation, if any, shall be payable in cash at the closing. O:\wdox\SCClnts\91199\0018 E\CONTRACT\00186552. DOC/m1 -tv- 2;1- - lea ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. 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.): Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Survey 3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 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 closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; The Property herein is being conveyed to Purchaser under threat of condemnation. 2 ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the Title Company on or before May 8, 2010, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment (which date is herein referred to as the "closing date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Access Easement to the Property shown in Exhibit "A", free and clear of any and all liens and encumbrances, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. The form of the Access Easement to be executed shall be as shown in Exhibit "B". (2) If requested, deliver 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 Purchaser's interest 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: (a) The boundary and survey exceptions shall be deleted; (b) If applicable, the exception as to restrictive covenants shall be endorsed "None of Record;" and (c) 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." (3) Deliver to Purchaser possession of the Property if not previously done. 3 Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. If required, general real estate taxes for the then current year relating to the Property 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. All special taxes or assessments to the closing date shall be paid by Seller's. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy and survey to be paid by Purchaser. Deed, tax certificates, and title curative matters, if any, paid by Purchaser. All other closing costs shall be paid by Purchaser. Attorney's fees paid by each respectively. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to frilly 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 may: (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. 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 amount of Five Hundred and 00/100 Dollars ($500.00) from the Purchaser, 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 their total damages and relief and as Seller's sole remedy hereunder in such event. 4 ARTICLE VIII MISCELLANEOUS Notice 9.01. 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. Texas Law to Apply 9.02. 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. Parties Bound 9.03. 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. Legal Construction 9.04. 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. Prior Agreements Superseded 9.05. 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. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. 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. 5 Memorandum of Contract 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 9.09 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. Possession and Use Agreement 9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of relocating utilities and constructing or improving a public road and related facilities, if necessary to start the road construction project, upon full execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement document suitable for recording if requested by Purchaser. Effective Date 9.11 This Contract shall be effective as of the date it is approved by the City of Round Rock, which date is indicated beneath the City's signature below. [signature page to follow] 6 SELLER: FRIELING AND SAMUELS INVESTMENTS, a Texas gene I partnership By: Its: Date: PURCHASER: CITY OF ROUND ROCK By: Ce )11 .4_, ------- Alan McGraw Mayor 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: G- • to 7 1 EXHIBIT Page 1 of 3 Access Easement March 5, 2009 PROPERTY DESCRIPTION FOR PARCEL 18-E DESCRIPTION OF 0.0847 OF ONE ACRE (3,690 SQUARE FEET) OF LAND OUT OF LOT 1, BLOCK A, ANCHOR ONE, A SUBDIVISION OF RECORD IN CABINET P, SLIDE 120-121, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO FRIELING AND SAMUELS INVESTMENTS, OF RECORD IN DOCUMENT NUMBER 2000006036, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0847 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found at the northwest corner of this tract, said Lot 1, and said Frieling and Samuels tract and the southwest corner of that tract described as 63.777 acres in a deed to Chisholm Trail Developers Venture, LTD., of record in Document Number 2003114923, Official Public Records, Williamson County, Texas, same being in the existing east right-of-way (ROW) line of Chisholm Trail and at the northeast corner of that tract described as a 10 foot ROW dedication on said plat of Anchor One and the southeast corner of that tract described as 0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document Number 2003093096, Official Public Records, Williamson County, Texas, from which a 1/2" iron rod found at the northwest corner of said tract dedicated as ROW per Anchor One and the southwest corner of said 0.307 of one acre City of Round Rock tract bears S68°58'47"W 9.53 feet; 1) THENCE, with the north line of this tract, said Lot 1, and said Frieling and Samuels tract and the south line of said Chisholm Trail Developers tract, N68°45'19"E 45.00 feet to a 1/2" iron rod set with a plastic cap at the northeast corner of this tract from which a 1/2" iron rod found at the northeast corner of said Lot 1 and said Frieling and Samuels tract bears N68°45' 19"E 513.21 feet; 2) THENCE, with the east line of this tract, crossing said Lot 1 and said Frieling and Samuels tract, S21` 27'06"E 81.92 feet to a mag nail set with a washer at the southeast corner of this tract; 3) THENCE, with the south line of this tract, continuing across said Lot 1, and said Frieling and Samuels tract, 568°32'54"W 45.00 feet to an "x" cut set in concrete at the southwest corner of this tract, same being in the existing east ROW line of Chisholm Trail and the east line of said dedicated ROW in Anchor One; EXHIBIT. Page 2 of 3 Access Easement March 5, 2009 4) THENCE, with the west line of this tract, said Lot 1, and said Frieling and Samuels tract and the existing east ROW line of Chisholm Trail and the east line of said dedicated ROW in Anchor One, N21°27'06"W 82.08 feet to the POINT OF BEGINNING and containing 0.0847 of one acre (3,690 square feet) within these metes and bounds, more or less. All bearings are based on the Texas State Plane . Coordinate System, Central Zone, NAD83(93 HARK). All distances and coordinates were adjusted to surface using a combined scale factor of 1.00012. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That I, Chris Conrad, 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 Austin, Travis County, Texas, this the 5`h day of March, 2009 A.D. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512) 451-8591 __L4)1 Chris Conrad, Reg. Professional Land Surveyor No. 5623 Note: There is a plat to accompany this description. (AONE PSMT2) Issued 3/5/2009 SCALE 1" = 20' 1 X130 t ..NS % o�7o \ owt >� ��ca rat \''' ihmo,„.r P.O.B. NOTES; 1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL MONUMENTS. "RRO1-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10156747.30. Eia3128487.39, AND "RRO1-007", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10165784.07, E"3126054.61. HAVING A GRID BEARING OF' N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FELL SCM is FACTPPR 15 1.00012. ALL DISTANCES SHOWN ARE SURFACE DI 2. THIS SURVEY WAS PERFORMED WITHOUT TH • , ' •►� Tani a y,404Fre--;Hip �'.r.& 2 tAS lair ni i S REPORT. • S.'.�. ,� 'r ,q •• 4 d' S • ''CH TO ACCOMPANY DESCRIPTION OF 0A.447 AC. OR 3,690 SQ. FT. OF OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS 40'x45' EASEMENT FOR TELEPHONE EQUIPMENT STATION VOL 1182, PG. 215 O.R.W.C. CHISHOLM TRAIL- - • DEVELOPERS VENTURE, LTD. TRAIL - ., DOC. 2003114923 -�' OPRWC voo voost ZO E fl�6• G 5c°jok-R' c. 3(y' ' *5. (63.777 AC.) 58 3,`:4.Z A5‘9.t 561 5'►3 21 �'� N58 .Ott `� k6" ,.� 013 t�6 t�166`N1i.\.1 OC 4°)‘9 °) o9.a 2\ 15 CPe- p tz• RE: CITY OF ROUND ROCK S67'S8'47"W 9.53' CP S11'09'18"E 9.36' 1, ig, 0 0/0/,��14 � t . 1 ei CO. RD. 173 CHISHOLM TRAIL (R.O.W. VARIES) ;' i C) 1 10' PUBLIC EASEMENT UTY • CAB. P. SL. 120-121 P.R.W.C. DAVID CURRY SURVEY ABSTRACT NO. 130 03/05/09 CHRIS CONRAD, REG. PROF. LAND SURVEYOR N i'. . 23 DATE Note; This copy of this plat is not valid unless an original signature through an original seal appears on its face. There Is a description to accompany this plat. M:\SDSKPROJVHISHOLM-180\DWO\PARCELS\AONE_ESMT2. DWG LOT 1 BLOCK A ANCHOR ONE CAB. P. SL. 120-121 P.LW.C. FRIEUNG AND SAMUELS INVESTMENTS DOC. 2000006036 0.P.R.W.C. CENTERLINE OF LONESTAR GAS UNE EASEMENT CAB. P. SL. 120 P.R.W.C. MAG LEGEND • 1 /2" IRON ROD FOUND Q 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY' MAG NAIL SET WITH WASHER "X" CUT SET 114 CONCRETE IRON PIPE FOUND (SIZE NOTED) MAG Q 0 O P.O.B. POINT OF BEGINNING D.R.W.C. DEED RECORDS WILUAMSON COUNTY, TEXAS O.R.W.C. OFFICIAL RE 0Rt? WILLIAMSON COUNTY, TEXAS 0.P.R.W.C. OFFICIAL PUBLIC RECORDS WIL.LIAMSON COUNTY. TEXAS P.R.W.C. PLAT RECORDS WILUAMSON COUNTY, TEXAS SURVEYED BY: ISSUED: 03/05/09 PAGE 3 OF 3 MoORAY & McGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE N,.. AUSTIN, TEXAS 78731 (512) 451--8891 I, JOB NO.: 08-112 1 EXHIBIT IIBH INGRESS AND EGRESS ACCESS EASEMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THAT FRIELING AND SAMUELS INVESTMENTS, a Texas general partnership, hereinafter referred to as "Grantor", whether one or more ("Grantor"), for and in consideration of the payment of TEN and No/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, ("Grantee"), the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee, its successors and assigns, the perpetual right of ingress and egress over and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, describing 0.0847 of one acre (3,690 square feet) of land, more or less, out of Lot 1, Block A, Anchor One, a Subdivision of Record in Cabinet P, Slide 120-121, Plat Records, Williamson County, Texas, and out of that tract described in a Deed to Frieling and Samuels Investments, of Record in Document Number 2000006036, Official Public Records, Williamson County, Texas; said 0.0847 of one acre of land being more particularly described by metes and bounds as attached: This conveyance is made and accepted subject to any and all conditions and restrictions, 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, shown of record in the office of the County Clerk of Williamson County, Texas. The Easement, rights, and privileges granted herein are not exclusive, and Grantor may convey other easements or conflicting rights within the area covered by this grant, without the consent of Grantee. Grantor, however, shall take all reasonable safeguards to otherwise protect the integrity and continuous use of Grantee's rights of ingress and egress across the Easement. The Easement may be used in common by Grantor, its guests, agents, servants, employees, invitees, successors, and assigns. O:Iw•dax1SCC1nts19119910018EIREALESTATE\00186577.DoC/Int Grantor further grants to Grantee: (a) the right of ingress to and egress contemplated shall include the right of Grantee to construct a paved or other roadway structure within the Easement; (b) the foregoing right of ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress and egress across the easement; (c) the right of grading for, construction, maintaining and using said access easement and related facilities on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (d) Grantee or its assigns shall be responsible for maintaining said easement. Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement, without the express written consent of Grantor; (b) 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. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind herself, successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above-described Easement and rights and interests unto Grantee, its successors and assigns, against every person. whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 2 I - day of Am - 2010. GRANTOR: FRIELING D SAMUELS INVESTMENTS, a Texas gene . : nership By: ,L V)) t, L -/ 2 STATE OF TEXAS COUNTY OF WILLIAMSON This instrumen } 2010, by and consideration recited herein. ACKNOWLEDGMENT § ed before me on the 2C day of APRA L NICHOLAS W. BASDEKIS NOTARY PUBLIC STATE OF TEXAS MY COMM. ©P.. 01.27-2014 poses 3 EXHIBIT 'i Page 1 of 3 Access Easement March 5, 2009 PROPERTY DESCRIPTION FOR PARCEL 18-E DESCRIPTION OF 0.0847 OF ONE ACRE (3,690 SQUARE FEET) OF LAND OUT OF LOT 1, BLOCK A, ANCHOR ONE, A SUBDIVISION OF RECORD IN CABINET P, SLIDE 120-121, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO FRIELING AND SAMUELS INVESTMENTS, OF RECORD IN DOCUMENT NUMBER 2000006036, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0847 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found at the northwest corner of this tract, said Lot 1, and said Frieling and Samuels tract and the southwest corner of that tract described as 63.777 acres in a deed to Chisholm Trail Developers Venture, LTD., of record in Document Number 2003114923, Official Public Records, Williamson County, Texas, same being in the existing east right-of-way (ROW) line of Chisholm Trail and at the northeast corner of that tract described as a 10 foot ROW dedication on said plat of Anchor One and the southeast corner of that tract described as 0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document Number 2003093096, Official Public Records, Williamson County, Texas, from which a 1/2" iron rod found at the northwest corner of said tract dedicated as ROW per Anchor One and the southwest corner of said 0.307 of one acre City of Round Rock tract bears S68°58'47"W 9.53 feet; 1) THENCE, with the north line of this tract, said Lot 1, and said Frieling and Samuels tract and the south line of said Chisholm Trail Developers tract, N68°45'19"E 45.00 feet to a 1/2" iron rod set with a plastic cap at the northeast corner of this tract from which a 1/2" iron rod found at the northeast corner of said Lot 1 and said Frieling and Samuels tract bears N68°45'19"E 513.21 feet; 2) THENCE, with the east line of this tract, crossing said Lot 1 and said Frieling and Samuels tract, S21°27'06"E 81.92 feet to a mag nail set with a washer at the southeast corner of this tract; 3) THENCE, with the south line of this tract, continuing across said Lot 1, and said Frieling and Samuels tract, S68°32'54"W 45.00 feet to an "x" cut set in concrete at the southwest cornu• of this tract, same being in the existing east ROW line of Chisholm Trail and the east line of said dedicated ROW in Anchor One; EXHIBITIL Page 2 of 3 Access Easement March 5, 2009 4) THENCE, with the west line of this tract, said Lot 1, and said Frieling and Samuels tract and the existing east ROW line of Chisholm Trail and the east line of said dedicated ROW in Anchor One, N21°27'06"W 82.08 feet to the POINT OF BEGINNING and containing 0.0847 of one acre (3,690 square feet) within these metes and bounds, more or less. All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD83(93 HARN). All distances and coordinates were adjusted to surface using a combined scale factor of 1.00012. STATE OF TEXAS § COUNTY Or TRAVIS § KNOW ALL MEN BY THESE PRESENTS: That I, Chris Conrad, 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 Austin, Travis County, Texas, this the 5th day of March, 2009 A.D. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512) 451-8591 Chris Conrad, Reg. Professional Land Surveyor No. 5623 Note: There is a plat to accompany this description. (AONE_ESMT2) Issued 3/5/2009 NOTES: 1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PtANE COORDINATE SYSTEM, CENTRAL ZONE„ NA= C;.-73 ^fit_ wiiu BEARINGS. THESE MC)WMEWS. , "RR() 1 HAVINi-; ,,..AithithistAit. VALUES OF M-1747 Akt" " 7"= fTROL POINT HAVING e-EARING OF i4150402"W„ AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS nfl(117 At 1 IIKTAltrEt11104 S6756147"W 9.53' ./seit S11'09.113*E 6 9.36' Ms" SCH TO ACCOMPANY DESCRIPTION OF 0.‘..017 AC. OR 3,690 SQ. FT. OF OUT OF THE DAVID CURRY SURVEY ‘APLLIAMSON COUNTY, TEXAS 40'x45' EASEMENT FOR TELEPHONE EQUIPMENT STATION VOL. 1182. PG. 215 O.R.W.C. P.O.B. 1 04. 1 0 1 X i1 013-4.1 CHISHOLM TRAIL' DEVELOPERS VENTURE, LTD. DOC. 2003114925 • 0.P.R.W.C. 04-‘ cP. otosc-11. ciolok 40\- ic gs" 1.01,0`„f- 6515.14en (63.777 AC.) (.56ig 43 7-4 41 661 14648:4641- .1010. b$1:14) eV\ )As4 vt-P2a. 01•C'' • RE: CITY OF ROUND ROCK DAVID CURRY SURVEY ABSTRACT NO. 130 3 CO. RD. 173 CHISHOLM TRAIL (R.O.W. VARIES) , - 0.0847 AC. 3,690 SQ.FT. • 10' PUBLIC UTILITY EASEMENT CAS. P. SL. 120-121 P.R.W.C. REPORT. ur ... ... 1 f fi . 1/ LAY . • • •••• A • ••• ••• •t. CHRIS CONRADREG. PROF A , Note,: This copy of this plot is not valid unless an original signature fzze. There Is a description to M:\SDSKPROACHISHOIJA—RTG\DWG\PARCELSVO"7....7— LOT 1 BLOCK A ANCHOR ONE CAB. P, SL. 120-121 P.R.W.C. FRIELING AND SAMUELS INVESTMENTS DOC. 2000006036 O.P.R.W.C. CENTERUNE OF LONESTAR GAS UNE EASEMENT • • .— . . -- • — . CAB. P SL. 120 P.R.W.C. MAC LEGEND • 1/2 IRON ROD FOUND o 1/2" IRON ROD SET WITH PLASTIC CAP IJCGRAY MCGRAr VAC' 0 MAC; ;;A;1_ 3E7 V.7,; WASHER XL'S, 11 IF 4. Mt V T MOT t 0 IRON PIPE FOUND (SIZE NOTED) P.O.B. POINT OF BEGW1NING D.R.W.C. DEED RECORDS IF10-4.—.Trel 3 4" 4,44t, WILLIAMSON cout4re, TEXAS n re Ix r oFFICIAt_ PUBLIC RECORDS coutm. TEXAS P.R.W.C. PLAT RECORDS WILUAIJSON COUNTY. TEXAS PAGE 3 OF 3 MOGRAY St.irNEYED BY: t LAMY E.% rt, AUSTIN. TEXAS 78731 (512) 451-8691 J08 NO.: 08-112