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Contract - LCC Realty Partners, LTD and Rutter and Wilbanks Corporation - 4/26/2018
REAL ESTATE CONTRACT RM 620 Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between LCC REALTY PARTNERS, LTD., a Texas limited partnership, and RUTTER AND WILBANKS CORPORATION, a Texas corporation, (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: All of that certain 0.300 acre (13,064 square foot) parcel of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas; said parcel of land being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 11); and Public Utility Easement interest in and across all of that certain 0.102 acre (4,449 square foot) tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas; said tract of land being more fully described by metes and bounds in Exhibit `B", attached hereto and incorporated herein Parcel 11PUE); together with all and singular the rights and appurtenances pertaining to the 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 "Property"), and any improvements and fixtures situated on and attached to the Property described in Exhibit"A", or bisected by the acquisition and not otherwise retained by Seller, for the consideration and upon and subject to the terms,provisions,and conditions set forth below. ARTICLE II PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the fee simple portion of the Property described in Exhibit "A", the acquisition of any improvements on the Property, and any damage to or cost to cure of the remaining property of Seller, shall be the sum of TWO MILLION AND FIFTEEN THOUSAND and 00/100 Dollars($2,015,000.00). 00398201.DOC lg-lQ4Z-53-43 2.02. The Purchase Price for the public utility easement interest portion of the Property described in Exhibit "B" shall be the sum of TWENTY THOUSAND and 00/100 Dollars ($20,000.00). Payment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the Closing. Special Provisions 2.04. By execution of this Contract, Seller consents and agrees that Purchaser shall be allowed to temporarily enter the remaining property of Seller for the sole purpose of removing any bisected improvement(s) acquired or damaged by the City of Round Rock or TxDoT. 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). Miscellaneous Conditions 3.02. 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 4.01. 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: (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; 2 (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof, 4.02. The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Independence Title Company on or before May 15, 2018, 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 or in the contract(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 the State of Texas a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A", and deliver to the City of Round Rock a duly executed and acknowledged Public Utility Easement conveying such interest to all of the Property described in Exhibit `B", both free and clear of any and all liens and restrictions, including specifically a partial release of the existing tenant lease for the Property described in Exhibit"A", 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. (2) The Deed to the State of Texas shall be in the form as shown in Exhibit "C" attached hereto. The Public Utility Easement to the City of Round Rock shall be in the form as shown in Exhibit"D"attached hereto. (3) 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 each 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: 3 (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; 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". (4) Deliver to Purchaser possession of the Property. Purchaser's Oblijzations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the 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. 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. 4 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 MISCELLANEOUS Notice 8.01. 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 8.02. 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 8.03. 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 8.04. 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. 5 Prior Agreements Superseded 8.05. 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 8.06. Time is of the essence in this Contract. Gender 8.07. 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. Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 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. Effective Date 8.10 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. Counterparts 8.11 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. 6 SELLER: LCC REALTY PARTNERS, LTD., a Texas limited parte ¢ship i( By: Address:"rTU, (� Zq'i Z— Namel-� : MA• MorYGKQt�ic.cstUc��' Date: RUTTER AND WILBANKS CORPORATION, a Texas corporation By: Address:fR12162ef �l f� Name: Its: ^ e,6 weue Date: 01 7 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Address: 221 East Main St. Iffan Round Rock, Texas 78664 w i K Date: 8 Reissued 12/04/15 Page 1 of 4 EXHIBIT A County: Williamson Highway: R. M. 620 Limits: Deepwood Dr. to IH 35 CSJ: 0683-01-092 PROPERTY DESCRIPTION FOR PARCEL 11 DESCRIPTION OF A 0.300 ACRE (13,064 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 OF THE ELM FORK SUBDIVISION RECORDED IN CABINET E, SLIDE 205 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO LCC REALTY PARTNERS, LTD BY INSTRUMENT RECORDED IN DOCUMENT NO. 2005059309 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.300 ACRE (13,064 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a '/2" iron rod with aluminum cap stamped "REF/WITNESS" set, 161.67 feet right of proposed Ranch to Market (R.M.) 620 baseline station 480+53.74, being in the existing easterly right-of-way (ROW) line of Lake Creek Dr. (60' ROW width), same being the westerly boundary line of said Lot 1; THENCE, with said existing easterly ROW line of Lake Creek Dr., same being the westerly boundary line of said Lot 1, N 10°54'25" W for a distance of 50.00 feet to a '/2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 112.64 feet right of proposed R.M. 620 baseline station 480+44.26, being the proposed southerly ROW line of R.M. 620 (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE, departing said proposed ROW line, continuing with said existing easterly ROW line of Lake Creek Dr., same being said westerly boundary line of Lot 1, N 10°54'25" W for a distance of 3.93 feet to a calculated point, being the intersecting point of the curving cutback of the existing southerly ROW line of R.M. 620 (ROW width varies), for a point of tangency of the herein described parcel; THENCE, departing said existing ROW line of Lake Creek Dr., with said existing southerly ROW line of R.M. 620, same being the northerly boundary line of said Lot 1 the following two(2)courses: 2) Along a curve to the right, having a delta angle of 99°35'13", a radius of 50.71 feet, an arc length of 88.14 feet, and a chord which bears N 38°12'18" E for a distance of 77.46 feet to a calculated point, for a point of tangency of the herein described parcel; 3) N 88°29'03" E for a distance of 350.72 feet to a calculated point being the northwesterly corner of Lot 18 of the Little Oak Addition subdivision recorded in Cabinet A, Slides 350-352 of the Plat Records of Williamson County Texas and conveyed to Beverly Ann Sheridan by instrument recorded in Document No. 2001011534 of the Official Public Records of Williamson County Texas, same being the northeasterly corner of said Lot 1, for the northeasterly corner of the herein described parcel, and from which a 1/2" iron rod found bears, N 07027'30" W at a distance of 0.31 feet; Parcel 11 Page 2 of 4 THENCE, departing the westerly boundary line of said Lot 18, with said proposed southerly ROW line of R.M. 620, through the interior of said Lot 1, the following four(4)courses: 5) Along a curve to the left, having a delta angle of 02°18'03", a radius of 4,891.00 feet, an arc length of 196.40 feet, and a chord which bears S 89043'04" W for a distance of 196.38 feet to a Y2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 79.00 feet right of proposed R.M. 620 baseline station 482+47.57,for a point of tangency; 6) S 88°34'03" W for a distance of 71.01 feet to a %2" iron rod with TxDOT aluminum cap set(to be replaced with TxDOT Type II monument), 79.00 feet right of proposed R.M. 620 baseline station 481+76.45 for a point of curvature to the right; 7) Along said curve to the right, having a delta angle of 0101721", a radius of 4,079.01 feet, an arc length of 91.77 feet, and a chord which bears S 89012'38" W for a distance of 91.77 feet to a '/2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 79.00 feet right of proposed R.M. 620 baseline station 480+86.56, for a point of curvature to the left; 8) Along said curve to the left, having a delta angle of 75004'47", a radius of 45.00 feet, an arc length of 58.97 feet, and a chord which bears S 52°18'55" W for a distance of 54.84 feet to the POINT OF BEGINNING,containing 0.300 acres(13,064 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 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. /W zo 14 M. Stephen Tr esdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC P7 ,�,� Firm Registration No: 100591-00 .wa 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 SFr. M. 49M Q EXHIBIT ''A " PLAT TO ACCOMPANY PARCEL DESCRUMON Reissued 123o15 OF PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING NUMBER DIRECTION DISTANCE Cl 99035' 13" 50. 7 1 ' 88. 1 4' 77. 46' N380 1 2' 1 8"E Ll N 10° 54'25"W 50.00' (CI ) (990 35' 40") (50. 7l ' ) (88. 14' (77. 46' ) (N4 1° 1 8"E) L2 N 1 0° 54'25"W 3. 93' C2 02° 18'03" 4891.00' 196. 40' 196. 38' S89043'04"W L3 S07027'30"E 36. 79' C3 010 1 7'2 1 " 4079.01 ' 91. 77' 91. 77' S8901 2'38"W L4 S88- 34'03"W 7 1.0 1 ' N C4 75004f47" 45. 00' 58. 97' 54. 84' S5201 8'55"W TX001T r;OIN R. M. 620 � 480+00 481+00 ,.S`, 0-33,; '-16 482.00 (R.O.W. WIDTH VARIES)_ 483+00 i� _ � 0 25 50 PROPOSER.M. 620 BASELINE �n N88°34'03'E 310.9 c I " = 50' _ F THE STATE OF TEXAS- co s C. VOL. 0341, PG. 569 .01 AC 13-0-iv- L. __ 1--�--- DEDICATION n - --i------Ir---- D.P..W.C. ,T. - 1�-`; r-E R PL' N88°29 03°E 350. 72` EXISTING R.O.W. I(1\188°54`20"E-350:1-6 �G\ 'STA. 48d+66.56 1 t1 G\, T9.00' RT _ 0.300 AC. - 13 069, SQ FT. ,/- �I O O PROPOSED R. �y ----- o.w. 1 II 22� ' C3 L4 `� C2 N.I LOT 18 STA. 481+76.45 T PROPOSED_..5- ---~'1 TJ 79.00' RT PROPOSED- 15'I ,U.E. ST�yA. 484+43.91 1 �t �, SEE DETAIL A i _ } BE;,94' RT h I --�, P.U.E. 1/ -I ?�.�bm O Ii I -' \ BUILDING it o 0 0� P.Q. ----= r``� +> STA, 482+47.57 L i TTLE OAK ADD l T i3ON', z 79.00' RT CAB. A. SL. 350-352 p h PARCEL J1-1 1� GUILDifdr - -' �W p STA. 480+44.26 LCC REALTY PARTNERS, LTD P.R.W.C.T. 0 i t 11 12.64' RT l I LOT I 1 j ` DOC. N0. 2005059309 rn w,c,7 ,E,-- "J P.O. R. 0.P. R.W.C. T. (5.00 AC. > BEVERLY ANN SHER I DAN r v DOC. No. 2001011534 l iA -p. PSP�PL AT ?Y o PARCEL 11 � �? SOUTH'°IESTER.N' BELL 0.P. R.W.C.T. 111 C) Y T. 5 STAMPED 1"� LOT I TELEPHONE CO. _ I 1 P?'(�--- REF/WITNESS BLANKET EASEMENT 1 CSE U.E. B. VOL. 458' P N07°27' 30"W PER: PL,,,7 O STA. 480+53.74 n P.O. er r _,_-r i 161.67' RT r' PARCEL I 1 SCE J 0. 3 i ' CAB. SLIDE :50 t A PROPOSED R.M. 620 BASELINE m N STA. 480+44.26 EX I ST I NG P'R.ta, 1 I i. T LA PI STATION = 476+96.46 r O 1 12.64' RT ELM FORK R.O.W. '±.5' W 1 DE F_U.E. s ; ! L'i DELTA = 13' 49' 04' (RT) 1• 70' PER PLAT DEGREE OF CURVE = 01° 25' 57" p �x CAB. E. SL. 205 LOT 18 CA B. E. SL IDE 205 TANGENT = 484.69 o P.R.W.C.T. I 1 r- P.F.Y4.C.T. ` ; LOT 17 , f LENGTH = 964.67 20' kNIDE P.U,E.PER f-'LT;T RADIUS = 4000.00 �' „ ! i ; ��;- SLID E 205-1 I PC STATION = 472+I 1,78 DETA I L A 1-1 AQ I , �i✓ , +-' CAB. r PT STATION - 481+76.45 N• S• ° ! �� !- C.T ! , l 4 ' Ilii ! n t -, DETAIL "B" P R,4a.0 P.C. P. 1. _ P.T. v rr.. c r�A, i�47 V � � N. T. S. X=3126796.5157 X=3127269.9227 X=3127754.4584 �!J- 1 Y=10160897.5841 Y=10160793.6254 Y=10160805.7422 im PARCEL PLAT SHOWING PROPERTY OF I N L. A N Du 5 ,Texas Department of T}ansportatlon �e ®®ET LCC REALTY PARTNERS. LTD PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.STE.103 SCALE CSJ # PROJECT COUNTY PARCEL I I ROUND ROCK,TX.78681 PH.(512)238-1200,FAX(512)238-1251 1 ' = 50' 0683-01-092 RM 620 W I LL I AMSON EXHIBIT --A.-,- LEGEND "LEGEND PLAT TO ACCOMPANY PARCEL DESCRIPTION 1/30/14 PAGE 4 OF 4 ■ TXDOT TYPE I CONCRETE MONUMENT FOUND q CENTER LINE O %2" IRON ROD SET W/ TXDOT ALUMINUM CAP t PROPERTY LINE TO BE REPLACED BY TYPE II MONUMENT ) RECORD INFORMATION Q TXDOT TYPE II CONCRETE MONUMENT FOUND LINE BREAK N LAND HOOK 1/2" IRON ROD FOUND UNLESS NOTED P.O. B. POINT OF BEGINNING O %2" IRON ROD FOUND W/PLASTIC CAP P.O. R. POINT OF REFERENCE © COTTON GIN SPINDLE FOUND N. T. S. NOT TO SCALE D. R.W. C. T. DEED RECORDS X X CUT FOUND WILLIAMSON COUNTY, TEXAS 60/D NAIL FOUND O. R.W. C. T. OFFICIAL RECORDS p CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0. P. R.W.C. T. OFFICIAL PUBLIC RECORDS ° I/2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "TXDOT" SET P. R.W.C. T. PLAT RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS 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 a combined surface adjustment factor of 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1021. ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 17. 2014, ISSUE DATE JANUARY 28, 2014. 1. RESTRICTIVE COVENANTS= CABINET E. SLIDE 205, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. IOE. A PUBLIC UTILITY EASEMENT 7.5 FEET IN WIDTH ALONG THE SOUTH AND EAST PROPERTY LINES OF THE SUBJECT PROPERTY, AS SHOWN ON THE PLAT RECORDED IN CABINET E, SLIDE 205, OF PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. F. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE WEST PROPERTY LINE OF THE SUBJECT PROPERTY, AS SHOWN ON THE PLAT RECORDED IN CABINET E. SLIDE 205. OF PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN. G. A PUBLIC UTILITY EASEMENT 20 FEET IN WIDTH ALONG THE EAST PROPERTY LINE OF THE SUBJECT PROPERTY, AS SHOWN ON THE PLAT RECORDED IN CABINET E, SLIDE 205, OF PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN. H. 0.018 OF ONE ACRE ADDITIONAL RIGHT-OF-WAY TO BE DEDICATED AS SHOWN ON THE PLAT RECORDED IN CABINET E. SLIDE 205. OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I. 10' X 73' ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 1126. PAGE 340, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. J. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN EDWARDS AQUIFER PROTECTION PLAN BY INSTRUMENT IN DOCUMENT NO. 2003070263, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SUBJECT TO. 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 %STE SUPERVISION .M.ST>:�NZAt!'' .E M. STEPHEN RUESDALE DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 4,yQ�rSS% �.i� ACRES SQUARE FEET LICENSED STATE LAND SURVEYOR ACQUISITION 0.300 13,064 INLAND GEODET I CS. LLC FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 5.00 217,800 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 REMAINDER AREA 4, 700 204,736 1 N L A N D u IN PARCEL PLAT SHOWING PROPERTY O F Texas Deportment of Tronsportatlon J r,c GEODETICS -j LCC REALTY PARTNERS, LTD 2003° PROFESSIONAL LAND SURVEYORS 1504 CHIS TRAIL RD.STE.103 ROUNDD ROCK,TX.78681 SCALE C5J u PROJECT COUNTY PARCEL ROCK, PH.(512)238-1200,FAX(512)238-1251 W1I = 50 RM 620 W I L L I AMSON Revised 1-20-16 D Page 1 of 4 EXHIBIT B County: Williamson Parcel : 11-E Highway: R. M. 620 PROPERTY DESCRIPTION FOR PARCEL 11-E DESCRIPTION OF A 0.102 ACRE (4,449 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 OF THE ELM FORK SUBDIVISION RECORDED IN CABINET E, SLIDE 205 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO LLC REALTY PARTNERS, LTD BY INSTRUMENT RECORDED IN DOCUMENT NO. 2005059309 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.102 ACRE (4,449 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/2" iron rod with TxDOT aluminum cap set, 82.94 feet right of proposed R.M. 620 baseline station 484+43.91, being the proposed southerly ROW line of R.M. 620 (ROW width varies), same being the westerly boundary line of Lot 18 of the Little Oak Addition subdivision recorded in Cabinet A, Slides 350-352 of the Plat Records of Williamson County Texas, same being the easterly boundary line of said Lot 1, for the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed ROW line, with the common boundary line of said Lot 18 and said Lot 1, S 07027'30" E for a distance of 5.05 feet to a calculated point, for the most southeasterly corner of the herein described parcel; THENCE, departing the westerly boundary line of said Lot 18, through the interior of said Lot 1, the following four(4)courses: 2) Along a curve to the left, having a delta angle of 01038'30", a radius of 4,886.00 feet, an arc length of 140.00 feet, and a chord which bears N 89°56'39" W for a distance of 139.99 feet to a calculated point of non-tangency of the herein described parcel; 3) S 00°45'54" E for a distance of 10.00 feet to a calculated point of curvature to the left; 4) Along said curve to the left, having a delta angle of 00040'03", a radius of 4,876.00 feet, an are length of 56.81 feet, and a chord which bears S 88054'05" W for a distance of 56.81 feet to a calculated point of curvature to the right; 5) Along said curve to the right, having a delta angle of 02045'30", a radius of 4,094.00 feet, an arc length of 197.10 feet, and a chord which bears S 88057'06" W for a distance of 197.08 feet to a calculated point of curvature to the right, in the curving southerly proposed ROW line of said RM 620, for the most westerly corner of the herein described parcel; THENCE, with said proposed southerly ROW line of R.M. 620, continuing through the interior of said Lot 1, the following four(4) courses: 6) Along a curve to the right, having a delta angle of 48059'52", a radius of 45.00 feet, an arc length of 38.48 feet, and a chord which bears N 65°21'22" E for a distance of 37.32 feet to a '/2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type 11 monument), 79.00 feet right of proposed R.M. 620 baseline station 480+86.56, for a point of curvature to the left; Revised 1-20-16 Parcel 11-E Page 2 of 4 7) Along said curve to the left, having a delta angle of 01017'21", a radius of 4,079.00 feet, an arc length of 91.77 feet, and a chord which bears N 89012'38" E for a distance of 91.77 feet to a !2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 79.00 feet right of proposed R.M. 620 baseline station 481+76.45, for a point of tangency; 8) N 88034'03" E for a distance of 71.01 feet to a '/2" iron rod with TxDOT aluminum cap set (to be replaced with TxDOT Type II monument), 79.00 feet right of proposed R.M. 620 baseline station 482+47.57, for a point of curvature to the right; 9) Along said curve to the right, having a delta angle of 02018'03", a radius of 4,891.00 feet, an are length of 196.40 feet, and a chord which bears N 89043'04" E for a distance of 196.38 feet to the POINT OF BEGINNING,containing 0.102 acres (4,449 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 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. M. Step n Trueldale Da e Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor OF Inland Geodetics, LLC 1'` TE ` Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 M.StEPHEN Round Rock, TX 78681 � SURyti� EXHIBIT " RIMON Revised 01/18/16 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING PAGE 3 OF 4 C 1 01°38'30 4886. 00' 140.00' 139. 99' N890 56'39"W NUMBER DIRECTION DISTANCE C2 00°40'03" 4876.00' 56. 81 ' 56. 81 ' S880 54'05"W LI N07"27' 30"W 36. 79' C3 02045'30" 4094. 00' 197. 10' 197. 08' S880 57'06"W L2 S07° 27'30"E 5.05' C4 48059'52" 45.00' 38. 48' 37. 32' N650 21 '22"E L3 S000 45'54"E 10.001 N C5 01° 1 7'21 " 4079.00' 91 . 77' 91. 77' N89° 1 2'38"E L4 N880 34'03"E 1 71.01 ' C6 02018'03" 4891. 00' 196. 40' 196. 38' N890 43'04"E (C7) (99035140") (50. 7l ' ) (88. 1 4' ) (77. 46' ) (N4 1° 1 8"E) R. M. 620 480+00 1R.0.W. WIDTH VARIES) 482 + +00 48100 483.00 0 25 50 PROPOSED R.M. 620 BASEL I NE �n N88'34'03"E v I " = 50' SFe a (N88° 54'20°E 350. 16' ) EXISTING R.O.W. *rA 1 STA. 480.86.56 P.0. B. 79.00' RT PARCEL I 1,7E r_ r STA. 484-43.91 Zi GA O C5 O L4 0 PROPOSED R.O.W. C6 82.94' RT l r^ ,, C� -. -- LOT 18 o N�� C3 C2 O `-STA. 481+76.45 PROPOSED 5' 79.00' RT o c'A1� STA. 482+47.57 P.U.E. x I I -E 79.00' RT z PROPOSED 15' o W a 0. 102 AC. P.U.E. LCC REALTY PARTNERS, LTD LITTLE OAK ADDITION Ln 4.449 SO. FT. DOC. NO. 2005059309 CAB. A. SL. 350-352 cc,0.P.R.W.C. T. P.R.W.C.T. .n N07°27'30 W o !E0. 31 ' LOT I I m O EXISTING (5.00 AC. ) A PROPOSED R.M. 620 BASELINE R.O.W. P I STATION - 476+96.46 1. 70' ELM FORK I DELTA - 13 49' 04" (RT) LOT 18 CAB. E. SL. 205 c, DEGREE OF CURVE - 01' 25' 57" LOT 1 r P.R.W.C.T. TANGENT - 484.69 _ " LENGTH - 964.67 LOT 17 RADIUS = 4000.00 PC STATION = 472-11.78 DETAIL "A" P.C. P. I P.T. PT STATION - 481+76.45 N. T. S. I . -� X=3126796.5157 X-3127269.9227 X-3127754.4584 Y=10160897.5841 Y=10160793.6254 Y-10160805.7422 N L A N Du PARCEL PLAT SHOWING PROPERTY OFTexas Deportment of Transportation _j 2pl GEODETICS © 2003 LCC REALTY PARTNERS, LTD PROFESSIONAL LAND SURVEYORS 1504 CHIS D ROCK, TRAIL RD. 81 103 SCALE CSJ a PROJECT COUNTY PARCEL I I -E ROUND ROCK,TX.78681 PH.(512)238-1200,FAX(512)238-1251 1 " = 50' RM 620 W 1 LL I AMSON EXHIBIT " LEGEND FLAT TO ACCOMPANY PARCEL DESCRIPTION Revised 01/18/16 PAGE 4 OF 4 N TXDOT TYPE I CONCRETE MONUMENT FOUND CENTER LINE 19 I/2" IRON ROD SET W/ TXDOT ALUMINUM CAP R PROPERTY LINE TO BE REPLACED BY TYPE it MONUMENT t�) RECORD INFORMATION p TXDOT TYPE II CONCRETE MONUMENT FOUND �— LINE BREAK N LAND HOOK 112- IRON ROD FOUND UNLESS NOTED P.0. B. POINT OF BEGINNING O 1/2" IRON ROD FOUND W/PLASTIC CAP P.O.R. POINT OF REFERENCE N.T.S. NOT TO SCALE © COTTON GIN SPINDLE FOUND D.R.W.C. T. DEED RECORDS X X CUT FOUND WILLIAMSON COUNTY, TEXAS A 60/D NAIL FOUND 0. R.W.C. T. OFFICIAL RECORDS p CALCULATED POINTWILLIAMSON COUNTY, TEXAS 0.P.R.W.C. T. OFFICIAL PUBLIC RECORDS O I/2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "TXDOT" SET P.R.W.C. T. PLAT RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS Il 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 a combined surface adjustment factor of 1.00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1021. ISSUED BY TEXAS AMERICAN TITLE COMPANY. EFFECTIVE DATE JANUARAY 17, 2014. ISSUE DATE JANUARY 28, 2014. 1. RESTRICTIVE COVENANTSt CABINET E, SLIDE 205, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. IOE. A PUBLIC UTILITY EASEMENT 7.5 FEET IN WIDTH ALONG THE SOUTH AND EAST PROPERTY LINES OF THE SUBJECT PROPERTY. AS SHOWN ON THE PLAT RECORDED IN CABINET E, SLIDE 205. OF PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN. F. A PUBLIC UTILITY EASEMENT 15 FEET IN WIDTH ALONG THE WEST PROPERTY LINE OF THE SUBJECT PROPERTY, AS SHOWN ON THE PLAT RECORDED IN CABINET E. SLIDE 205, OF PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS, AFFECTS AS SHOWN. G. A PUBLIC UTILITY EASEMENT 20 FEET IN WIDTH ALONG THE EAST PROPERTY LINE OF THE SUBJECT PROPERTY, AS SHOWN ON THE PLAT RECORDED IN CABINET E. SLIDE 205. OF PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN. H. 0.018 OF ONE ACRE ADDITIONAL RIGHT-OF-WAY TO BE DEDICATED AS SHOWN ON THE PLAT RECORDED IN CABINET E. SLIDE 205, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I. 10' X 73' ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 1126, PAGE 340, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. J. TERMS. CONDITIONS AND PROVISIONS OF THAT CERTAIN EDWARDS AQUIFER PROTECTION PLAN BY INSTRUMENT IN DOCUMENT NO. 2003070263, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 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 Ar 00 OF SURVEY MADE THE GROUND UNDER MY DIRECTION AND s. j�`4.0 SUPERV I I ON A, 4" SK 46M I JAVI IVi,STEPHEN TW yr+r e r�•r+�ar+ M. STEPHEN TR ESDALE DATE: �o �� REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 �'i:.9 LICENSED STATE LAND SURVEYOR ��,. , ESS%O � INLAND GEODET I CS. LLC , +•r�•.a++� FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK. TX 78681 N L A N D u PARCEL PLAT SHOWING PROPERTY OFTexos Deportment of Tronsportatlon GEODETICS .i LCC REALTY PARTNERS, LTD © 2003 PROFESSIONAL LAND SURVEYORS 1504 CHIS TRAIL R 103 ROUNDD ROCK,TX.78868181 SCALE CSJ PROJECT COUNTY PARCEL I I -E ROCK, PH.(512)238-1200,FAX(512)238-1251 I " = 501 RM 620 W I LL I AMSON iy, BL. "C" Notice of Confidentiality Rights: If you are a natural person,you may remove or strike any of the following information from this instrument before it is filed in the public records: your Social Security Number or your Driver's License Number. Form ROW-N-14 (Rev.07/13) Page 1 of 4 DEED RM 620 Right of Way TxDOT ROW CSJ: 0683-01-092 TxDOT Parcel No.: 11 Grantor(s),whether one or more: LCC REALTY PARTNERS,LTD., a Texas limited partnership, and RUTTER AND WILBANKS CORPORATION,a Texas corporation Grantor's Mailing Address(including county): 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 Consideration: The sum of Two Million and Fifteen Thousand and no/100 Dollars ($2,015,000.00) 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.The consideration recited herein * M4* Form ROW-N-14 (Rev.07/13) Page 2 of 4 represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal ED proceedings and the added expenses of litigation. 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"). 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 leases, 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: NONE Access on and off Grantor's remaining property to and from the State highway facility shall be permitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit"A". Grantor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning,platting or permitting requirements. 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.07/13) Page 3 of 4 G T R: L RS,LTD., a x ie ership By: Name:: Acknowledgement State of --jZ-VQS County of_�{t This instrum nt was acknowledged before me on q C g by Ki P.o4cb&-,in the capacity and for the purposes and consideration recited herein. ►""''�� DENA SIPES Notary Public,State of Texas i104' �'r :Q= Comm.Expires 01-21-2022 Notary Public—State of" Notary ID 7556548 $ti5995L 01 A1e1ON ZZOZ-1,z-IO sajidx3 'uauaOD `y;• rTS sexal 10 e1ejS'oilgnd AMON����;�o� S3dIS VN3a Form ROW-N-14 (Rev.07/13) Page 4 of 4 GRANTOR: RUTTER AND WILBANKS CORPORATION, a Tex o rati n By: Name: Its: re.2sbj�g Acknowledgement State of County of kiJ LCLA This instrument was acknowledged before me on vin" 8 by Qkn c Lph= ��-e.r- ,in the capacity and for the purposes and consideration recited herein. t�A� � Notary Public—State of !RY Pr�� DENA SIPES (�/' Notary Public,State of Texas ••=N�;.���; Comm. Expires 01-21-2022 Notary ID 7556548 EXHIBIT "D" PUBLIC UTILITY EASEMENT RM 620 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That LCC REALTY PARTNERS, LTD., a Texas limited partnership, and RUTTER AND WILBANKS CORPORATION, a Texas corporation, 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(the"Property"),to-wit: All of that certain 0.102 acre (4,449 SF) parcel of land situated in the J.M. Harrell Survey, Abstract No. 284; and being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes(Parcel I IPUE). 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 public utilities, to-wit: electric transmission and distribution lines, telecommunication 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. 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 and shown of record in the office of the County Clerk of Williamson County, Texas. 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 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 exclusive, and 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. 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. 00398202.DOCX 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 shall have the additional right to temporarily enter upon the remaining property of Grantor if necessary for removing portions of any improvements which are bisected by the acquisition of the Property or otherwise acquired or damaged by Grantee, and for cutting any additional bisected or damaged improvements which are retained by Grantor at the line of bisection or as closely as possible thereto in order to maintain the structural integrity of the remaining improvement, and for no other purpose. 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 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. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. 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 2 Round Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of A101141 z1- ,2018. GRANTOR: LCC RE TY PAR RS,LTD., a Te as d ership By: Name: LM �.�� �' -Rs l27o WvoC- . Its:agje"4- ACKNOWLEDGMENT THE STATE OF —(`•e�cLs § COUNTY OF § This instrument was acknowledged before me on this the day of the month of 2018, by Rt clog in the capacity and for the purposes and consideration therein expressed. V V P,,,,� D E N A SIP E S Signature ;�o�P�tt ���=Notary Public,State of Texas = Comm. Expires 01-21-2022ltoa-S� S Notary ID 7556548 Printed Name Notary Public, State ofCc 3 GRANTOR: RUTTER AND WILBANKS CORPORATION, a Texas corporation By: Name: r Its: ACKNOWLEDGMENT THE STATE OF-T-eac § COUNTY OF § This instrument was acknowledged b ore me on this the �' day of the month of ^ ( , 2018, by ��, , in the capacity and for the purposes and consideration therein expressed. DENA SIPES Signature :i:''• Notary Public, State of Texas C ST.O.Q Comm. Expires 01-21-2022 QNB 1 %:;of•`5 Notary ID 7556548 Printed Name m� Y Notary Public, State of ( e- S 4