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R-13-09-12-H1 - 9/12/2013RESOLUTION NO. R -13-09-12-H1 WHEREAS, the City desires to purchase certain property interests necessary for the Regional Water System Treated Transmission Line Segment 3 Project, and said tracts are described as follows ("Property"): a 1.666 acre tract of land (Tract 1) and a 0.410 acre tract of land (Tract 2); and WHEREAS, Judith L. Davis, 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 Judith L. Davis, 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 12th day of September, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 11\00 SARA L. WHITE, City Clerk 0112 1304, 00281723 EXHIBIT REAL ESTATE CONTRACT Treated Transmission Line — Segment 3 State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between JUDITH L. DAVIS, an unmarried person, (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: Tract 1: 1.666 acre (72,584 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 1.666 acre (72,584 square foot) tract of land being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; and Tract 2: 0.410 acre (17,854 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 0.410 acre (17,854 square foot) tract of land being more particularly described by metes and bounds in Exhibit "B", attached hereto and incorporated herein; 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, and any improvements and fixtures situated on and attached to the Property described in Exhibits A and B, and for any associated temporary construction easements (all of such real property, rights, fixtures, improvements, and appurtenances being referred to in this Contract as the "Fee Property"), for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Additionally, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interest described as follows, which shall be referred to in this Contract as the "Easement Property": 00279157.docx/jmr Waterline easement in, under and across a 0.095 acre (4,146 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, Pg. 870, of the Deed Records of Williamson County, Texas, said 0.095 acre (4,146 square foot) tract of land being more particularly described as Part 1, containing 0.071 acre (3,098 square feet), and Part 2, containing 0.024 acre (1,048 square feet), the same tract of land more particularly described in Exhibit "C", attached hereto and incorporated herein; together with any associated temporary construction easements, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Additionally, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interest described as follows, which shall be referred to in this Contract as the "PUE Property": Being a public utility easement in, under and across an area 10 feet wide measured from the northern boundary line of the "Proposed Arterial `H"' and shown generally as that area designated as "Prop. 10.00' Public Utility Easement" in Exhibit "D" attached hereto and incorporated herein. The Fee Property, Easement Property and PUE Property are referred to in this Contract, collectively, as the "Property." ARTICLE II PURCHASE PRICE Purchase Price 2.01. The purchase price for the Property described in Exhibits A, B, C, and D, any associated temporary construction easements, any damages to any remainder property, and any other amounts due Seller related to the Property, shall be the sum of FOUR HUNDRED TWENTY-TWO THOUSAND, SIX HUNDRED FORTY-EIGHT and NO/100 DOLLARS ($422,648.00) ("Sales Price"). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. 2 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: (1) 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) 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 and Seller agrees that the Sales Price constitutes the full amount of just compensation under Texas law. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Gracy Title Company ("Title Company"), 2007 Sam Bass Road, Suite 1007, Round Rock, Texas 78681, on or before the 30th day after the effective date of this Contract, 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"). 3 Seller's Obligations at Closing 5.02. At the Closing, Seller shall: (1) Deliver to the Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Fee Property described in Exhibits A and B; a duly executed and acknowledged Waterline Easement to all of the Easement Property described as Exhibit C; and a duly executed and acknowledged Public Utility Easement to all of the PUE Property described in Exhibit D, all free and clear of any and all liens and restrictions, 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 111 hereof; and (c) Any exceptions approved by Purchaser in writing. The deed shall be in the form as shown in Exhibit "E" attached hereto. Seller shall also deliver a Waterline Easement in the form as shown in Exhibit C and a Public Utility Easement in the form shown in Exhibit D. (2) 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 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: (a) The boundary and survey exceptions shall be deleted; (b) The exception as too 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." (3) Deliver to Purchaser possession of the Property if not previously done. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. 4 (b) At Closing Purchaser and Seller shall enter into a lease agreement (the "Leaseback Agreement") wherein Purchaser, as Landlord, shall lease back to Seller, as Tenant, the Fee Property for a term of eighteen (18) months, such term commencing on the Closing Date. The Leaseback Agreement shall be in the form attached hereto as Exhibit "F". Prorations 5.04. 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. 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 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 enforce specific performance of this Contract. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the amount of $S00 as liquidated damages for any failure by Purchaser. Such 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. 5 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. 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. 6 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, which date is indicated beneath the Mayor'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. Fence and Stub -outs 8.12. Purchaser shall install, or cause to be installed, at Purchaser's sole cost, a fence substantially in conformance with the location and specifications in Exhibit "G". Purchaser shall install, or cause to be installed, at Purchaser's sole cost stub -outs substantially in conformance with the location and specification in Exhibit "G". SELLER: Judith L. Davis Date: a��, amu, % qt a2G/ 3 7 Address: 3800 County Road 175 Leander, Texas78641 PURCHASER: City of Round Rock, Texas By: Address: 221 C. Main Street Alan McGraw, Mayor Round Rock, Texas 78664 Date: Attest: For City, Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney 8 DAVIS TRACT POPOSED R.O.W. Page 1 of 3 COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 1.666 ACRE (72,584 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.666 ACRE (72,584 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the remainder of that called 38.98 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by Instrument recorded In Volume 737, Pg. 161, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded In Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract. also being In the proposed northerly right-of-way line of Arterial 'H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 38.98 acre tract and the remainder of said 19.085 acre tract, same being said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40 feet to a 1/2" Iron rod with aluminum cap stamped "ARTERIAL H" set, for the most westerly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, with said proposed northerly right-of-way line, and through the Interior of the remainder of said 19.085 acre tract, the following three (3) courses: 1) Along a curve to the left, having a radius of 4950.00 feet, a central angle of 05°10'20", with an arc length of 448.85 feet, a chord which bears, N 69°55'42" E, a distance of 446.70 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set for a point of reverse curvature; 2) Along a curve to the right, having a radius of 1050.00 feet, a central angle of 12°20'44", with an arc length of 226.24 feet, a chord which bears, N 63°30'54" E, a distance of 225.81 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set for a point of tangency; 3) N 69°41'16" E for a distance of 355.13 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set, being In the westerly right-of-way line of County Road 175 (right-of-way width varies), same being in the easterly boundary line of the remainder of said 19.085 acre tract for the northeast comer of the herein described; THENCE, with said existing westerly right-of-way line, same being said easterly boundary line, the following two (2) courses: 4) S 46°15'18" E for a distance 010.31 feet to a 1/2" Iron rod with plastic cap stamped "B -A" found; 5) S 34°24'03" E for a distance of 102.02 feet to a 1/2" Iron rod with plastic cap stamped "2025" found, being the northeast corner of the remainder of said 36.96 acre tract, same being the southeast corner of the remainder of said 19.085 acre tract, for the southeast corner of the herein described tract, and from which a 1/2" iron rod found with plastic cap stamped "B -A", being in the westerly right-of-way line of said County Road 176 same being the northeast corner of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman, by Instrument recorded in Volume 838, Page 853, of the Deed Records of Williamson County, Texas, bears S 25°23'12' E at a distance of 30.04 feet; 6) THENCE, departing said right-of-way line, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19.085 acre tract, S 69°41'16" W for a distance 01 1045.02 feet to the POINT OF BEGINNING, containing 1.686 acres (72,584 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, Lawrence M. Russo, 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. WITESS MY HAND AND SEAL at Ro nd Flock, Williamson County, Texas. „RL once M. Russo egistered Professional Land Surveyor No..5 r 50 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78881 512-238-1200 ‘.'00 LAW€iE:NcE M. fill " } ' 5050 v. -kr O O O O Q 11 IA y 0 Z - Q W O N J In N MATCHLINE SEE PAGE 3 IO a if - 0 0 a - f ° ▪ W N a3 uF O 4 W a. a 2 VO z rn m a (0 '';1,14U1 W 41:-/I - a a a ar • 6 a j. Z41i\\1.z 0 z j_ol�- i_ y 02< # # 7 J >%OF } 4� J Z o D O Z 41 U 0.I- a. O h 1.. \p \tC O O O Z 4E, a O' Jz N0 N q a#�U. W 4.40Z 0.�� 1 W at' O2" 2 0t u J 7 a?aaa , 0, vE,i tima41 Y U1 WNu�uN ow°ir 0wo o 0_,4 . U. LI 4 paWa�J ir 4 -0. -0.K GC U z d 1" 1' 0. (ma '6' Lea 4.4 J J S-#< xzW 41 y1 14 1.11,4,1 NqN N N p� W ppm 2 ? A# 004.E N 1411 \\\ V W a. {C 0. a N J O 1-: 1-: F: 00rd1�i �-a. a:1 1 ec a o o a 0. 0 JOT 0 d CURVE TABLE O h to v t0 11'1 H N z w 10 0 x U W 0 0 at w a N 0 P0 in 10 z 1- taU' z a 01 (0 Q 4- N l0 N N m 0 a 0 O m 0 O 0 n 0 -1 J U' Z 4 a 1— W 0 0 N 0 O 4. 0 N to z z U N U REVISED: 04-11-2013 PROPOSED ARTERIAL H RIGHT-OF-WAY O z J 6 o a a a 2 u la o. CA Fi4 to ULW 4 d 1 q X In oi 1u1a�1 a.O J ,,2 21 yy Z =� J r &•:> u.2 O� LL O LL (N F DU u 0 0 o J O 0 o s o _ 3 0u �o 0z 248%000a*• o & $ 7 `a' rc u0 u0 5Jgaso6j11°�:OOe oz^ ate a (pWj J N4NN N N u pp0 Wf0.1 SI{{yy55 ZZ� O# OO a3� SNS.VF1 Z0. EYO.a.i 0 F: i•F f: u t;.. ti O ® 00�4•Im1ad'� o;t o o'0 d w , GoONjy To 0 Wtt-LtAµ2002012st �► M COUNTY ROAD 173 DOC' tA ACRE H (R.O.W. WIDTH VARIES) W 4 J N W10- 0 z A° 82 0 E I TING ROW >. w 4uto 'y (1) - t 3t`1t9 F- 1 zLLa i V) z0ta� 1. a 1n Oto 2 z -i O ``�Oslo au v� 11 IX P 1.11 `` y AP-ic; i •i"..•.. .!' o il F, D a.-4;� F4 (i. 0o r 11 I z I � t� � �0 w U '19. z W 4 F w 2 tut g u {bb�p1 Za01 Ouq U/ �r F x O 0. �hw-Z Qp 002 I --u } Q iW tom- z F = vOi viW4 3a O ' F zQ1z oD Wma w CO D U W U z0 .- 11)• 4W UWV W° t9 W N OFN Z>'C 4 11) UJ Ua <I I- (: t o.44 z4 - Ww>- z U flt 1.. owl - O WqO 0..0.E ) 0. l 1 � Q W u Q N a 6. O r, W t- \�\.. ma 0.w Wz > e-..w4M wmm 41- .1 ... U 111O 0.'!nN 0.0w --1 O N CC yi---.,..7-.‘!!:_.- 4 W D W LL 0. F z -....\ O W MATCHLINE am oQzo;+mn� _~ r o oo o SEE PAGE 2uw Uoio z 4 Fo �Y- :niW . .Z U 0 W; O O I -'z W - J o0_ O 24 o4 to zo "I. NNW i4F-• Z -ow 0 w�4-) WW- • Zu)-0 oN_ 1-Wz o/1-0�N o RJB OWya 1- 30Nw0 jL zN� t}i_. tjo 1 ovi '�Zatn O 09" 1 zQaWWMFrU HWQU am z5 Fm0 43LWi.tno0.X aOQ/S0t~jtia tnQ�a xwM CC he �zhF-FF J ��waW0.a Jo zN�1t`„ ��o tea} �aa�oX mww o CC0z ww 00 1-0„ Q aomz.-.> 4, -)Ow >i+i>. UM Wt.9...>i W W wu. W y0 zw wx« W H�tr U 0 0 0 en N wj z W W rrca Ir) REVISED: 04-11-2013 Ja O�JAp� W �W Dz}( J�Op Z=t/10.Q g. u. _xm J Z rt PROPOSED ARTERIAL H RIGHT-OF-WAY 1L ON 1- 0 0 • O zc -, di7 az W Q 0 to >- a z az Qz Jo cow Ira Uy cool enol tiD N ti PARCEL 10 DAVIS TRACT Page 1 of 2 COUNTY: WILLIAMSON REVISED 04-10-2013 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.410 ACRE (17,854 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.410 ACRE (17,854 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8" Iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded In Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also being in the proposed northerly right-of-way line of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, same being said proposed northerly right-of-way line, N G9°41'16" E for a distance of 68.40 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set; THENCE, departing the northerly boundary line of the remainder of said 36.96 acre tract, and continuing with said proposed northerly right- of-way line, through the interior of the remainder of said 19.085 acre tract, along a curve to the left, having a radius of 4950.00 feet, a central angle of 01°12'11", with an arc length of 103.95 feet, a chord which bears, N 61°54'46" E, a distance of 103.95 feet to a 1/2" iron rod with plastic cap stamped "INLAND -5050" set for the southwesterly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said proposed northerly right-of-way line, and continuing through the Interior of the remainder of saki 19.085 acre tract, the following three (3) courses: 1) N 34°50'23" W for a distance of 84.96 feet to a 1/2" iron rod with plastic cap stamped "INLAND -5050" set for the northwest corner of the herein described tract; 2) N 55°09'37" E for a distance of 190.00 feet to a 1/2" Iron rod with plastic cap stamped "INLAND -5050" set for the northeast corner of the herein described tract; 3) S 34°50'23" E for a distance of 101.74 feet to a 1/2" Iron rod with plastic cap stamped "INLAND -5050" set, being in said proposed northerly right-of-way line, for the southeast comer of the herein described tract; 4) THENCE, with saki proposed right-of-way line, along a curve to the right, having a radius of 4950.00 feet, a central angle of 02°12'29", with an arc length of 190.75 feet, a chord which bears, S 60°12'26" W, a distance of 190.74 feet to the POINT OF BEGINNING, containing 0.410 acres (17,854 square feet) of land, more or less, AH bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, Lawrence M. Russo, 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. WI SS MY HAND AND SEAL at ound ock, Williamson County, Texas. L# wrence M. Russo t eglstered Professional Land Su eyor N . 5050 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 PLAT TO ACCOMPANY DESCRIPTION CURVE TABLE NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH CI 019211' 4950.00' 103.95' N 61°54'46' E 103.95' C2 1 02°1219 4950.00' 190.75' S 6001216" W 190.74' 4 0 N IWILLIAMSON COUNTY OOC. 2002017603 0.014 ACRE 8041 0 W 0 W J z z • 3 J2oto=aF �.%�IJ,I� `.�' cn=c F .� Jamin ci 1. 7i )' 00p9Z UN IP. 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F W N to ? • oF U F W m • ; Z ma a. u) la U) N yd 0 -...- aO p z z ,o Sao FFA OW Z N M F- Z W J 8 a= WQ; N IX X 1- J) _ Z - 0 W M - z }. J0 K-� N JZ-J� O (.0 N z z 17 W W NW w z a d 0 w 0 4 Jk o Mo V O�.►'w N JQ VZ2 ~a0.Wa2~ rLL0 ww > W W 2Oq Fa"0 VO ch ?aF• wwu ) WIW-0 00r N V aWZaVpt7 ZNLi. O zN � Q W J-O0N h?w _xm T�,JreA6:52a65 REVISED: 04-10-2013 PARCEL 10 W Q 0 -J ta 0.= Q 3 � 0 c 4 -5 ci W O 4 4 cc z r o 0)» az U N Wt1. 0: . 4 to Q o a; m or. J 0 II THE STATE OF TEXAS CITY OF ROUND ROCK WATERLINE EASEMENT § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Judith L. Davis, an u►unarried woman, and her successors and assigns, (hereinafter referred to as "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 (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water transmission and distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: Being a 0.095 acre (4,146 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 685, Pg. 870, of the Deed Records of Williamson County, Texas, said 0.095 acre (4,146 square foot) tract of land being more particularly described as Part 1, containing 0.071 acre (3,098 square feet), Part 2, containing 0.024 acre (1,048 square feet) in Exhibit "A" attached hereto and incorporated herein for all purposes. 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 said waterline is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights within the area 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 of the easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the waterline. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. 00273191.doc Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with the rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee inay deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (d) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trier and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee inay be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. 2 Grantee hereby covenants and agrees: (a) Grantee shall not fence the casement; (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; Grantee shall indemnify Grantor against any loss and datnage 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. 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 snnilar 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 pipelines. 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) clays' 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. 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 casement as a public utility waterline easement for the purposes stated (c) herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its 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 day of , 2013. (Signatures on the following page) 3 GRANTOR: Judith L. Davis ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the • day of the month of , 2013, by Judith L. Davis, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 4 Notary Public, State of PARCEL 10 DAVIS Page 1 of 3 EXHIBIT h. PROPERTY DESCRIPTION COUNTY: WILLIAMSON REVISED 04-10-2013 DESCRIPTION OF A 0.095 ACRE (4,146 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.095 ACRE (4,146 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS PART 1, CONTAINING 0.071 ACRE (3,098 SQUARE FEET), AND PART 2, CONTAINING 0.024 ACRE (1,048 SQUARE FEET) BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1 (0.071 ACRE, 3,098 SQUARE FOOT) BEGINNING FOR REFERENCE at a 3/8" Iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also being in the proposed northerly right-of-way line of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, and being said proposed northerly right-of-way line, N 69°41'16" E for a distance of 22.28 feet to a calculated point for the most westerly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing saki common boundary line, through the interior of the remainder of said 19.085 acre tract, the following two (2) courses: 1) Along a curve to the right, having a radius of 2090.00 feet, a central angle of 04°04'02", with an arc length of 148.37 feet, a chord which bears, N 50°37'52" E, a distance of 148.34 feet to a calculated point, being the westerly boundary line of a proposed 0.410 acre tract, for the most northerly corner of the herein described tract; 2) THENCE, with the westerly boundary line of said proposed tract, S 34°50'23" E for a distance of 35.50 feet to a %„ Iron rod with plastic cap stamped "Inland 5050” set, being in said proposed northerly right-of-way line, being the southwest corner of said proposed 0.410 acre tract, for the southeast corner of the herein described tract; 3) THENCE, departing the westerly boundary line of said proposed tract, with said proposed northerly right-of- way line, along a curve to the right, having a radius of 4950.00 feet, a central angle of 01°12'11", with an arc length of 103.95 feet, a chord which bears, S 61°54'46" W, a distance of 103.95 feet to a Y2 Iron rod with aluminum cap stamped "ARTERIAL H" set, being in the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract; 4) THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, and said northerly proposed right-of-way line, 6 69°41'16" W for a distance of 46.12 feet to the POINT OF BEGINNING, containing 0.071 acres (3,098 square feet) of land, more or less. PART 2 (0,024 ACRE, 1,048 SQUARE FOOT) BEGINNING FOR REFERENCE at a 318" iron rod found, In the northerly boundary line of the remainder of said 36.96 acre tract, being the southeast corner of said Lot 16, being the southwest corner of the remainder of said 19.085 acre tract, also being In said proposed northerly right-of-way line of Arterial H; PARCEL 10 DAVIS Page 2 of 3 COUNTY: WILLIAMSON REVISED 04-10-2013 THENCE, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19.085 acre tract, and said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40 feet to a '/" Iron rod with aluminum cap stamped "ARTERIAL H" set; THENCE, departing said common boundary line, with said proposed northerly right-of-way line, through the interior of the remainder of said 19.085 acre tract, along a curve to the left, having a radius of 4950.00 feet, a central angle of 03°24'40", with an arc length of 294.71 feet, a chord which bears, N 60°48'32" E, a distance of 294.66 feet to a %" Iron rod with plastic cap stamped "Inland 5050" set, being the southeasterly corner of said proposed 0.410 acre tract, for the southwesterly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said proposed northerly right-of-way line, through the interior of the remainder of said 19.085 acre tract, the following two (2) courses: 1) With the easterly boundary line of said proposed 0.410 acre tract, N 34°50'23" W for a distance of 44.25 feet to a calculated point for the most northerly corner of the herein described tract; 2) Departing the easterly boundary line of said proposed tract, S 79°50'23" E for a distance of 66.87 feet to a calculated point, being in said proposed northerly right-of-way line, for the most easterly corner of the herein described tract; 3) THENCE, with said proposed northerly right-of-way line, along a curve to the right, having a radius of 4950.00 feet, a central angle of 00°32'54", with an arc length of 47.38 feet, a chord which bears, S 58°49'45" W, a distance of 47.38 feet to the POINT OF BEGINNING, containing 0.024 acres (1,048 square feet) of land, more or less, All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat. That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the properly described herein was determined by a survey made on the ground under my direction and supervision. WITJ'4 SS MY HAND AND SEAL at Round Rock, Williamson County, Texas. All L wrence M. Russo egistered Professional Land Surveyor No. 5050 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 r,A - t I /2,. 0 I .. D,te i LIWEIENCE M.,fl )7,0".5 •050 v S. UR 0 O 0 0 o a w 1 4 o w N j y I � ° -1"1 t?, Z QU •Vo ~.OVt'{: 0 N°,o • tt. z 4 Uj Q�ikV oar ). I- !- t� Cp 1e o w 0 >; Ci hh ©lg. a Y a 4 a n p Q. ul tIb 1,1 v, 1 �a( ' U rr� 20 a) Q Q .• w et y cl• 0 Cy- �O o a a_1o. !? t ohtco e o r ~ i U 6 q t Mtc! N ao 50 r• . AA 0 Q 0;o"sr N) 0 z 1_ a u°5 �u u o u ura �"�{ lw g w c r r y523z,2°2 0 • • •; ; o z 3 r r 0 J2=QZ G 2 2 22 (40 I- N � ISI- W-sy\$- (3oQ Qz3w u t"Ou0u 3Q 3wCC a w511g u: 2 /Q. J zo$a22:z I,,.Wo5Zt1J i$dgg22`1 vJ Nir �wg8�• N 00WQ „4j oawoo O F() 11.31 g.q �vr) g g, g u to d a o. a i Jot= r u 31 ti tt0 0 ® OOA4.4.-L. l� a, c4 0 a M tt. O M w 4 a 4 u N 'iQ Q m 0 0 z u W 1.11 M O z Io v N ID IA v h N W N m a 0 w z 1 Ito m h 4' 0) N 2 O 0 O N 0 0 O N 4. O a O WO O N CO J tD 4 4 f' 0 N 0 0 2- 0 0 4. to N M O 0 O V' N M O 03 z V V' u (SG wL IN 1 V 01 -5d„ -----"N. 1, to O II OM to a) -Nt �+N ----. 4. d.a _ -- _4 z . p 0.' �`" N • a O W SS V O O zua 0Q 4 N J Qm• a d.ad a w<I a o oI5 a FW r cc 0 u.> 0 r 17. z aa4u r 5w Z to oz 4X0 ua Nul0 �1w-z 4( m3- OZm x0 wza Jo$ r� FwW 40u 1- 0W7 h1 v;vw,4 3.4 row 1) zmz Oj W�. •_'..-. II /.1uj auo moiw �� uwr 04Z 71-N 0u to to VCN QCC 0�a z0 4 2- DAL apt co Wfw-5' raa 4wu 4� 4 y0'0 maC aye rWZ w4m (ruin. at=-O aN0 a.ow 'J REVISED: 04-10 W N - >O zr- 0 W )v din O O Z 0 0 D o - 4 WO WU. 0.r pti OW 1 ti to O 4 Z r ooa?O 3o1- x1- 3,1 4 I D wZ O4 r u. -_.J v) WCrw• 00.0 I-ZW J 00- x01- wwW 44X zVNO wOv! r W 2 20 0r, 00)0 N� )- JO ON Jz --4 u) W O Z u. W Q CO 0 Q V z 0 K N 4 7 0 U O r W mCD az4 =WN wzz} K 0a1-ag1- Z I- r1Lo )'W `� Z00I-0CC 6x 400w La 0(4> ., WWWNNO W V u a z a It W D % Z W V W s a wJua.zj Nam Ty KNZaV O _____54�4 Oa �.JJO 20w Oz)- _4 W J-00 ZOv)a4 r 2 u. __Ym .--J.Q'?u-t2a z 0 0> Q' Ju tot, Nut'" 4 •a ec 0 o- wW -a . rua 04U) .4 00 1( 0) ___1 PUBLIC UTILITY EASEMENT THE STATE OF TEXAS COUNTY 01? WILLIAMSON § KNOW ALL BY THESE PRESENTS: That Judith L. Davis, an unmarried person, and her successors and assigns, ("Grantor"), for and in consideration of the suin of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual public utility easement and right-of-way in, upon, over, under, above and across the following described property, to -wit: All of that certain area being 10 feet wide measured from the northern boundary line of' the "Proposed Arterial `H"' and shown generally as that area designated as "Prop. 10.00' Public Utility Easement" in Exhibit "A" attached hereto and incorporated herein. 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 00278737.docljtnr EXHIBIT I To) granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. 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; 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 shall remain the property of Grantee. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and singular all usual and customary rights thereto in anywise belonging, and together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing or maintaining said utilities and for making connections therewith, and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. 1N WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of , 20 13. (c) 2 GRANTOR: Judith L. Davis ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the day of the month of , 2013, by Judith L. Davis, in the capacity and for the purposes and consideration therein expressed. Notary Public, State of Texas 3 41 a EI M R33G yyr�� ����31�4�1..qy 1 H1182H3gSpgiBaii11111§1abooa6@1:i1ffli 'I ''I II 1�l II 1! (1 Hifi it 111 1�Zoa a�ol,<o` v rr I N A> y.. l O� 4 : ER 0. HO! e y�_ggggg _SFr Y S�j yy 4 l gliVil I 1 ii u 2: p k11Q ya9'f od bgy3y.�vaiI� i i !E,' n kir-1N el 1 u , d IN aryy�5j �h � ��k i1hi' p1 �$g� y�g'�V E4 $ E a aEr.bil :l •: eel r l'y 00+906 'GS RNI' HDLVW - a s 0 E 9 9 9 00+EO 1Nr1 H014W z 0 O1 a z b. p l n VI esu _ 1 ,... Tnw m ):rn.. MN I 11TiJ t :s ._ .. Ifi Lan s { 215. NVi X 710 s:z•♦ f e. Le mag,- ST n. , j‘t' mots - n7.1 I n.n . n ue ve ill 1 -T e tom t-Htv .. D)1R•RPVal pugs-uv1 Il igo- mt. -I crt Rrc.u•,na a+rsu c11 e 00+EO 1Nr1 H014W z 0 O1 a z b. p SPECIAL WARRANTY DEED THE STATE OF TEXAS § COUNTY OF WILLIAMSON NOTICE OF CONFIDENTIALITY RIGHTS: 11? YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WHEREAS, the City of Round Rock, Texas is authorized to purchase and receive land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed Arterial H roadway improvements ("Project"); and, WHEREAS, the acquisition of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Judith L. Davis, an unmarried woman, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum. of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: Tract 1: A 1.666 acre (72,584 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 1.666 acre (72,584 square foot) tract of land being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein for all purposes; and Tract 2: 0.410 acre (17,854 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, 00278430.doc PG. 870, of the Deed Records of Williamson County, Texas, said 0.410 acre (17,854 square foot) tract of land being more particularly described by metes and bounds in Exhibit "B", attached hereto and incorporated herein; RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements, • Grantor reserves all of the oil, gas and other minerals in and under the land Herein conveyed but waives all rights of ingress and egress to the surface thereof for the pinpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of Grantee, its successors or assigns, or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of the Project, but shall not be used or exported from the Property for any other purpose. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind herself, her heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2013. GRANTOR: Judith L. Davis 2. STATE OF ACKNOWLEDGMENT COUNTY OF This instrument was acknowledged before me on this the day of , 2013 by , in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 3. DAVIS TRACT POPOSED R.O.W. COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION .DESCRIPTION OF A.1.666.ACRE (72,584 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLiAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.005 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.666 ACRE (72,684 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING FOR REFERENCE at a 318" iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded In Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast cpmer of Lot 16, Stonehurst, a subdivision of record, recorded In Cab. C, Slide 251, of the Plat Records of WIIliamson County, Texas, being the southwest corner of the remainder of said 19,085 acre tract.. also being in the proposed northririy right-of-way line of Arterial "H" (100' right-of-way width); THENCE, `with the common boundary lino of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre Tract, 'same being said proposed northerly right-of-way line, N 69'41'16" E for a distance of 68.40 feat to 8112" Iron rod with aluminum cap stamped "ARTERIAL H" set, for the most westerly Cornier and the POINT OF BEGINNING of the herein described tract; Pagel of 3 THENCE, departing said common boundary line, with saki proposed northerly right-of-way line, and through the Interior of the remainder of said 19.085 acre tract, the following Three (3) courses: 1) Atong a curve to the left. having a radius of 4950.00 feel, a central angle of 05°10'20", with an arc length of 446.85 feet, a chord which bears, N 59"55'42" E, a distance of 446.70 feet to a 112" iron rod with aluminum cap stamped "ARTERIAL H" set far a point'ofreverse curvature; 2) Along a curve to the right, having a radius of 1050.00 feet, a central angle of 12°20'44", with an arc length of 226.24 feet, a chord which bears, N 63°30'54" E, a distance of 225.81 feet to a 1/2" Iron rod with aluminum cap stamped "ARTERIAL H" set for a point of tangency; 3) N 69°41'16" E for a distance of 355.13 feet to a 112" Iron rod with aluminum cap:stamped "ARTERIAL H" set, being in the westerly right-of-way line of County Road 175 (right-of-way width varies), same being in the easterly boundary line of the remainder of said 19,085 acre tract for the northeast corner of the herein described; HENCt=, with said existing westerly fight-of•way line, same being said easterly boundary line, the following two (2) courses: 4) $ 46°15'18" E for a distance of 0.31 feet to a 112" iron rod with plastic cap stamped "B -A" found; 5) 8 34°24'03" E for a distance of 102.82 feet to a t/2" iron rod with plastic cap stamped "2025" found, being' the northeast corner of the remainder of Said 36.98.acre tract, same being the southeast comer of the remainder of said 19.085 acre tract, for the southeast corner of the herein described Iraot, arid from which a 1/2" iron rod found with plaslia cap stamped "B -A", being in the westerly right-of-way line of said County Road 175 same being the northeast corner of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman, by instrument recorded in Vplumst836; Page 853, of the Deed Records of Williamson County, Texas, bears S 25423'12' E at a distance of 30.04 feet; C) THENCE, departing said right-of-way line, with the common boundary line of the remainder_ of said 36.96 acre tract, and the remainder of said 19.085 acre tract, S 69°41'16" W for a distance of 1045.02 feet to the POINT OF BEGINNING, containing 1.666 acres (72,584 square feet) of land,, more or less. All bearings *lied herein are based on the Texas Stale Plane Coordinate System, Central. Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat. That 1, Lawrence M. Russo, 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 mydirectlon and supervision. WiT ESS MY HAND AND SEAL at Ro n:. ock, Williamson County, Texas. Lalf�rrence M. Russo �1 registered Professlonal Land Surveyer Np.'5o50 Inland Geodetcs, L.P. Firm Rdg. No. 100591-00 1504 Chisholm 'frail Road Suite 103 Round Rack, TX 78681 512-238-1200 d ,:},,, 0P flr .- 6. Lc,AWRE NCE,M. RuY}sso kil c, -1 .."),p w 5050 f Q' `.�;;°7FE$5tp X(r• CO ,n I. 0 u d 2UW. 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U z Qr 77, ag �a wJN 004 0zr _ Y m 1 174 W O • 0 -a 0. 20 —3 d1 coCn O wE I •r,( PARCEL 10 DAVIS TRACT Page 1 of 2 COUNTY: WILLIAMSON REVISED 04-10-2013 EXHIBIT 3 PROPERTY DESCRIPTION DESCRIPTION OF A 0.410 ACRE (17,854 SQUARE FOOT), TRACT OF LAND SITUATED IN THE. JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF TILE -DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.410 ACRE (17,854 SQUARE FOOT).TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the reniainder of that called 36.96 acre tract (Tract Three) of fond conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by Instrument recorded In Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also being in the proposed northerly right-of-way line of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, same being said proposed northerly right-of-way line, N 69'41'16" E'for a distance of 68.40 feet to a 112" Iron rod with aluminum cap stamped "ARTERIAL H" set; THENCE, departing the northerly boundary line of the remainder of said 36.96 acre tract, and continuing with said proposed northerly right- of-way line, through the interior of the remainder of said 19.085 acre tract, along a curve to the Left, having a radius of 4950.00 feet, a central angle of 01°12'11", with an aro. length of 103.95 feet, a chord which bears, N 61°54'46" E, a. distance of 103.95 feet to a 112" iron rod With plastic cap stamped "INLAND -5050" set for the southwesterly comer and the POINT OF BEGINNING of the herein described tract; THENCE, departing said proposed northerly right-of-way line, and continuing through the Interior of the remainder of said 19.005 acre tract, the following three (3) courses: 1) N 34°50'23" W for a distance of 84.96 feet to a 112" iron rod with plastic cap stamped "INLAND -5050' set for the northwest corner of the herein described tract; 2) N 55°09'37" E for a distance of 190.00 feet to a 112" Iron rod with plastic cap stamped "INLAND -5050" set for the northeast comer of the herein described tract; 3) S 34°50'23" E for a distance of 101.74 feet to a 112" iron rod with plastic cap stamped INLAND -5050" set, being In Said proposed northerly right-of-way line, for the southeast corner of the herein described tract; 4) THENCE, with sald proposed right-of-way line; along a curve, to the right, having a radius of 4950.00 feet, a central angle of 02°12'29", -with an arc length of 190.75 feet, a chord which bears, S 6092'26" W, a distance of 190.74 feet to the POINT OF 131GGINNING, containing 0.410 acres (17,854 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central zone No. 4203, NAD 63. This property description is accompanied by a separate plat. That 1, Lawrence M. Russo, 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. WrfN SS MY HAND AND 'SEAL at Round ock, Williamson County; Texas. L (wrence M. Russo l `- Registered Professional Land Surleyor N 5050 Inland Geodetics, L.P. Firm Reg. No. 100591.00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 OF ' 1 '&' .0C;'a 7 ` N I t51/,1„H,�IrtH�1� t\ LAWREN0 M. 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PARCEL 1.0• 0 N c>t4 W 0 ._.i Z a 0 a w 0 0 � X a Z 0 N r d U J O_ U u N^, Leaseback Agreement Basic Terms Effective Date: , 2013 Landlord: CITY OF ROUND ROCK, TEXAS Landlord's Address: 221 E. Main Street Round Rock, Texas 78664 Tenant: JUDITH DAVIS Tenant's Address: 3850 County Road 175 Leander, Texas 78628 Premises: The following described property located in Williamson County, Texas, being all of the same property purchased on this date by Landlord from Tenant: a. Land. 1.666 acre (72,584 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 0.1.666 acre (72,584 square foot) tract of land being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein; and b. Buildings. All improvements and fixtures owned by Landlord and located on the Land (the "Buildin ") that are considered part of the real property, and specifically excluding any personal property of Landlord or any tenant located on the Land; c. Other Property. (i) The interest of the lessor or landlord under all leases, tenancies, rental, use, occupancy, and concession agreements covering space on the Land (hereinafter called the "Leases"); (ii) All of Landlord's interest in the following to the extent they relate to the ownership, use, leasing, maintenance, service, or operation of EXHIBIT the Land or Buildings and are assignable without the consent of or payment to any other party: (i) contracts or agreements such as maintenance, service, or utility contracts, (11) warranties, guaranties, indemnities and claims, (iii) development rights, utility capacity, governmental approvals, licenses and permits, and (iv) plans, drawings, specifications, surveys, engineering reports and environmental reports; and (iii) All and singular the rights and appurtenances pertaining to any of the foregoing, including without limitation, the right of the Landlord, if any, in and to adjacent streets, alleys, easements, rights-of-way and rights of ingress and egress thereto. Term: Eighteen (18) months from the Effective Date, subject to the terms and early termination as provided herein. Termination Date: Eighteen (18) months from the Effective Date, or such earlier date as determined by the early termination provisions herein. Rent: One and No/100 Dollars ($1.00) per eighteen (18) month period. The Rent has been prepaid concurrently herewith for the entire Term and Landlord acknowledges full receipt of Rent. Security Deposit: N/A Permitted Use: Any lawful use. Definitions: "Injury" means (a) harm to or impairment or loss of property or its use, (b) harm to or death of a person, or (c) "personal and advertising injury" as defined in the form of liability insurance Tenant is required to maintain. "Landlord" means Landlord and its agents, employees, invitees, licensees, or visitors. "Tenant" means Tenant and its agents, contractors, employees, invitees, licensees, or visitors. "Subtenant" means (a) any tenant, licensee or other occupant or party entitled to use all or any portion of the Premises as of the Effective Date under any of the Leases and (b) subject to Paragraph 20, any tenant, licensee or other occupant ar party entitled to use all or any portion of the Premises after the Effective Date pursuant to a sublease or other agreement entered into with Tenant. 2 Clauses and Covenants A. Tenant agrees to - 1. Lease the Premises for the entire Term beginning on the Effective Date and ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS". 3. Obey (a) all applicable laws relating to the use, condition, and occupancy of the Premises and (b) any requirements imposed by utility companies serving or insurance companies covering the Premises; provided, that in no event will Tenant be required to make any alterations or additions to the Premises in order to bring the Premises into compliance with applicable law. 4. Pay or cause to be paid the normal and customary costs of any maintenance or other operating or use expenses related to or required for the Premises during the Term. 5. Maintain during the Term insurance coverage on the Building in the sante manner as currently provided. 6. Vacate the Premises on the last day of the Term or as otherwise required herein. 7. INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER PEES AND COURT AND OTHER COSTS) OCCURRING IN ANY PORTION OF THE PREMISES. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (a) IS INDEPENDENT OF TENANT'S INSURANCE, (b) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PMD UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (c) WILL SURVIVE TIIE END OF THE TERM, ANI) (d) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY TIIE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF LANDLORD BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT 01? LANDLORD. 8. Pay all ad valorem property taxes assessed against the Land, Building and other portions of the Premises. B. Tenant agrees not to - 1. Use the Premises for any purpose other than the Permitted Use. 2. Create a public nuisance. 3. Allow a lien to be placed on the Premises that will not be released or extinguished as of the end of the Term. 3 C. Landlord agrees to - 1. Lease to Tenant the Premises for the entire Term beginning on the Effective Date and ending on the Termination Date, subject to the provisions of Paragraph E(20), below. D. Landlord agrees not to - 1. Interfere with Tenant's quiet and peaceful enjoyment and possession of the Premises as long as Tenant is not in default beyond applicable grace or cure periods, provided however, Tenant acknowledges that Landlord intends to remove or otherwise demolish all water and wastewater facilities currently on the Property, including, but not limited to water wells and septic systems (the "Utilities"), beginning on November 15, 2013. Tenant hereby consents to such removal of the Utilities and agrees that the removal of the Utilities shall in no way constitute a breach of this Lease. E. Landlord and Tenant agree to the following: 1. Alterations. Any additions or improvements now or hereafter located on the Premises will become the property of Landlord at the end of the Term. Upon termination of this Leaseback Agreement, the Premises shall be surrendered to Landlord. 2. Abatement. Tenant's covenant to pay Rent and Landlord's covenants are independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any reason. 3. Casualty/Total or Partial Destruction. Neither party shall be entitled to terminate this Leaseback Agreement or abate rent as a result of fire or any other casualty nor shall either party have any duty or obligation to rebuild or restore any damaged improvements. Tenant shall be entitled to receive and retain all proceeds of insurance paid in connection with any casualty damage occurring during the Teim, and Landlord waives any interest in such proceeds. 4. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this Leaseback Agreement within thirty days after written notice; provided, that if such default cannot reasonably be cured within such thirty day period but Landlord commences and thereafter diligently attempts to cure such default during and after such thirty day period, then Landlord shall be entitled to such reasonable additional period of time as is necessary to cure such default. 5. Default by Tenant/Events. Defaults by Tenant are failing to comply within thirty days after written notice with any provision of this Leaseback Agreement; provided, that if such default cannot reasonably be cured within such thirty day period but Tenant continences and thereafter diligently attempts to cure such default during and after such thirty day period, then 4 Tenant shall be entitled to such reasonable additional period of time as is necessary to cure such default. 6. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to terminate this Leaseback Agreement by written notice and/or sue for damages. 7. Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Leaseback Agreement does not preclude pursuit of other remedies in this Leaseback Agreement or provided by applicable law. Landlord and Tenant have a duty to mitigate damages. 8. Holdover. If Tenant does not vacate the Premises following termination of this Leaseback Agreement or as otherwise provided in this Leaseback Agreement, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term. 9. Attorney's Fees. If either party retains an attorney to enforce this Leaseback Agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and other fees and court and other costs. 10. Venue. Exclusive venue is in the county in which the Premises are located. 11. Entire Agreement. This Leaseback Agreement is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this Leaseback Agreement or to any expressly mentioned exhibits and riders not incorporated in writing in this Leaseback Agreement. 12. Amendment of Lease. This Leaseback Agreement may be amended only by an instrument in writing signed by Landlord and Tenant. 13. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASEBACK AGREEMENT, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASEBACK AGREEMENT. 14. Notices. Any notice required or permitted under this Leaseback Agreement must be in writing. Any notice required by this Leaseback Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Leaseback Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 5 IF TO TENANT: Judith Davis 3850 County Road 175 Leander, Texas 78641 IF TO LANDLORD: Steve Norwood City Manager 221 E. Main Street Round Rock, Texas 78664 and to: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 15. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Tenn. 16. Leaseback; Assignment of Leases and Other Property. This Leaseback Agreement is executed simultaneously with the sale of the Premises by Tenant to Landlord and is intended to be a leaseback of the entire property and all rights, benefits and privileges thereof sold to Landlord by Tenant. In addition to leasing Tenant all of the Premises for the term, Landlord hereby assigns, transfers and conveys to Tenant all of Landlord's right, title and interest in the Leases and the other personal property described in the description of Premises herein. Tenant assumes the obligation for the performance of any and all of the obligations of Landlord under the Leases and such other personal property. Landlord shall not be entitled to receive any portion of the amounts payable under any Lease. 17. Sublease; Assignment. Tenant may not assign, sublet or agree to occupancy of the Property during the Term by any other person or entity in whole or in part without Landlord's consent. 18. Early Terinination Option. Tenant may terminate this Leaseback Agreement at any time by delivering thirty (30) days prior written notice of such early termination to Landlord. 19. Mandatory Vacation During Tern. Tenant acknowledges that Landlord intends to remove the Utilities from the Property by November 15, 2013. Tenant acknowledges that the Property will be uninhabitable beginning on November 15, 2013. Notwithstanding anything in this Leaseback Agreement to the contrary, Tenant agrees that Landlord may remove the Utilities and make the Property uninhabitable beginning on November 15, 2013. Tenant further agrees to vacate the Property no later than November 15, 2013, provided, however, that property belonging to the Tenant may remain on the Property until the end of the Term. 6 TENANT: By: Judith L. Davis Date: LANDLORD: CITY OF ROUND ROCK By: Steve Norwood, City Manager Date: 7 DAVIS TRACT POPOSED R.O.W. Page 1 of 3 COUNTY: WILLIAMSON EXHietT, PROPERTY DESCRIPTION DESCRIPTION OP A.1.666.ACRE (72,584 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN 0; MbERSON SURVEY, ABSTRACT NO, 18, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19,085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITI-I. L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.666 ACRE (72,504 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED DY METES AND BOUNDS AS FOLLOWS: t`iEG1NN1NG-FORTIEFERENCE at a 318" iron rod found. in the northerly boundary Zine of the remainder of that called 36.96 acre tract (Tract Three) of land .c_onveyed to Sue McGann Wiseman, Gladys Galloway. & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by Instrument recorded in Volume 737, Pg. 151, of Tho Deed Records of Williamson ,County, Texas. being the southeast cpmer of Lot 16, $tonehurst, a subdivision of meerd, recorded In Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the_ southwest comer of the remainder of said 19.085 acre trac_f;_atso being in the proposed northerly right -away line of Arterial 'H" (100' right-of-way width); THENCE, with the comrnon boundary line of the rernninder of said 36.96 acre tract and the remainder of said 19.085 acre tract, 'same beteg said proposed noilherly right-of-way line, N 69°41'16" E for a distance of 68.40 -feet to a 112" Iron rod with aluminum cap stamped "ARTERIAL If set, for the most westerly corder and the POINT OF BEGINNING of the herein described Tract; -THENCE, departing said common boundary line, with said proposed northerly right-of-way Zine, and through the Interior of the. remainder of said 19.085 acre tract, the folldwing tree (3) courses: 1) Along a ourva to the toff, haying a radius of 4950.00 feel, a central angle or 0590'20", with an arc length of 446.85 feet, a chord which bears, N 0°55'42" E, a distance of 446.70 feet to a 112" iron rad with aluminum cap stamped "ARTERIAL H" set for a point of reverse curvature; 2) Along .a curve to the right, having a radius of 1050,00 feet, a central angle of 1210'44"; With an arc length of 226.24 feet, a ohord which bears, t4 63"30'54" E, a distance of 225.01 (optic,a 112" iron rod with aluminum cap stamped "ARTERIAL II" Set for a point of tangency; 3) N 69'41'16" E for a distance of 355.13 foot to a 112" iron rod with aluminum cap:starnped "ARTERIAL H" set, being In the westerly right -et -way line of County Road 175 (right-of-way width varies), same being in the easterly boundary line of The -remainder of said 19.085 acre (rapt for the northeast confer of the herein descrified; THENCE, With said existing westerly right-of-way line, same being said easterly boundary line, the following two (2) courses; 4) S 46°15'18" E tot a distance of 0.31 feet to a 112" Iron rod with plastic cap stamped "B -A" found; 5) _S 34°24'03" E fora distance of 102.82 feet to a 1/2" iron rod with plastic cap -stamped "zt125" found, being the northeast comer of•the remainder of said 3696. acre tract, sama being the southeast comer of the remainder of said 19.085 acre tract, for the southeast•coroer of the hi3rein described trot, and from Which a 1/2" Iron red found with plastic cap,starnped "H -A", being in the westedytight-of-Way line 6f said County Road 175 same being' the, northeast comer of the remainder or that called 3.18 acre tract of land conveyed to Sue McCann Wiseman, by instrument recorded in Vptunie 836; Page 853, of the Deed Records of Williamson County, Texas, bears S 25°23'12" E at a distance of 30.64 feet; Q) THENCE, departing said r{gilt-of way lige, eith the common boundary line of the remainder of said 86.98 acre tract, and the remainder of said 1905 acre tract, 8 69'41'16" W fora distance of 104.5.02 feet to the POiNT OF BEGINNING, containing 1.666 acres (72,584 square feet) of 10.nSi, moreOrfes's, ' Ali tfearings reclted herein are based on the Texas Slate Plane Coordinate System, Central. Zone No. 4203, NAD 83. 'This property description Is accoinpanted by a separate plat. That I, Lawrence M. Russo, a Registered Pcofessioriai 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 dirodtion and supervision. WIT(' ESS MY HAND AND SEAL al Renee,o ck, Williamson County, Texas. egistered Latrnenee•M. Russo - �l ft`professlonaf Land Surveyptr No. v5050 Inland Geodetics,1.,F', Firm Reg. N. 100591.00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 /Date M44.1.4 HUSK SEE PAr E' rillE 1.)a 4. 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PLAN AND PROFILE SFA.93+00-STA.105+40 G9 RCC YD.2906 1•K-II n>n Mx0 R[YnbG "'ROUND ROCK, TEXAS PURPOSE P4wun PROSP[RRY. City of Round Rock Agenda Item Summary Agenda Number: H.1 Title: Type: Governing Body: Agenda Date: Dept Director: Cost: Indexes: Attachments: Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Judith L. Davis for the Regional Water System Treated Transmission Line Segment 3 Project. Resolution City Council 9/12/2013 Michael Thane, Director of Utilities and Environmental Services $422,648.00 RR Transportation and Economic Development Corporation (Type B); Self -Financed Water Construction Resolution, Exhibit A, Map Text of Legislative File 13-705 Item Summary: The Treated Transmission Line - Segment 3 Project is the final segment that is required to deliver Brushy Creek Regional Utility Authority treated water to the City of Round Rock's transmission system. The original scope of work included the development of three alternative alignments for the water transmission line; however, it became necessary to develop a fourth alignment because of potential costs of acquiring easements without purchasing the future Arterial "H" right of way (ROW). The City's Transportation Department decided in March to go forward in purchasing the future Arterial "H" ROW at this time instead of the City's Utilities Department only acquiring a water line easement from Ms. Judith Davis. After months of negotiations, Ms. Davis has executed the Real Estate contract with the City of Round Rock for the sale of the Arterial "H" ROW, water line easement, metering and chemical dosing site for $422,648 This cost will be shared between the Transportation Department and Utilities and Environmental Services Department. The Utilities Department will be responsible for $125,251, and the Transportation Department will be responsible for the remaining amount of $297,297. Cost: $422,648.00 Source of Funds: Self -financed Water Construction & Round Rock Transportation and Economic Development Corporation (Type B Corp) City of Round Rock Page 1 Printed on 9/10/2013 Agenda Item Summary Continued (13-705) Action: Staff recommends approval. City of Round Rock Page 2 Printed on 9/10/2013 EXECUTED ORIGINAL DOCUMEN1S FOLLOW REAL ESTATE CONTRACT Treated Transmission Line — Segment 3 State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between JUDITH L. DAVIS, an unmarried person, (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: Tract 1: 1.666 acre (72,584 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 1.666 acre (72,584 square foot) tract of land being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; and Tract 2: 0.410 acre (17,854 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 0.410 acre (17,854 square foot) tract of land being more particularly described by metes and bounds in Exhibit "B", attached hereto and incorporated herein; 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, and any improvements and fixtures situated on and attached to the Property described in Exhibits A and B, and for any associated temporary construction easements (all of such real property, rights, fixtures, improvements, and appurtenances being referred to in this Contract as the "Fee Property"), for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Additionally, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interest described as follows, which shall be referred to in this Contract as the "Easement Property": 00279157.docx/jmr Waterline easement in, under and across a 0.095 acre (4,146 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, Pg. 870, of the Deed Records of Williamson County, Texas, said 0.095 acre (4,146 square foot) tract of land being more particularly described as Part 1, containing 0.071 acre (3,098 square feet), and Part 2, containing 0.024 acre (1,048 square feet), the same tract of land more particularly described in Exhibit "C", attached hereto and incorporated herein; together with any associated temporary construction easements, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Additionally, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interest described as follows, which shall be referred to in this Contract as the "PUE Property": Being a public utility easement in, under and across an area 10 feet wide measured from the northern boundary line of the "Proposed Arterial `H"' and shown generally as that area designated as "Prop. 10.00' Public Utility Easement" in Exhibit "D" attached hereto and incorporated herein. The Fee Property, Easement Property and PUE Property are referred to in this Contract, collectively, as the "Property." ARTICLE II PURCHASE PRICE Purchase Price 2.01. The purchase price for the Property described in Exhibits A, B, C, and D, any associated temporary construction easements, any damages to any remainder property, and any other amounts due Seller related to the Property, shall be the sum of FOUR HUNDRED TWENTY-TWO THOUSAND, SIX HUNDRED FORTY-EIGHT and NO/100 DOLLARS ($422,648.00) ("Sales Price"). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. 2 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: (1) 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) 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 and Seller agrees that the Sales Price constitutes the full amount of just compensation under Texas law. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Gracy Title Company ("Title Company"), 2007 Sam Bass Road, Suite 1007, Round Rock, Texas 78681, on or before the 30th day after the effective date of this Contract, 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"). 3 Seller's Obligations at Closing 5.02. At the Closing, Seller shall: (1) Deliver to the Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Fee Property described in Exhibits A and B; a duly executed and acknowledged Waterline Easement to all of the Easement Property described as Exhibit C; and a duly executed and acknowledged Public Utility Easement to all of the PUE Property described in Exhibit D, all free and clear of any and all liens and restrictions, 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 deed shall be in the form as shown in Exhibit "E" attached hereto. Seller shall also deliver a Waterline Easement in the form as shown in Exhibit C and a Public Utility Easement in the form shown in Exhibit D. (2) 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 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: (a) The boundary and survey exceptions shall be deleted; (b) The exception as too 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." (3) Deliver to Purchaser possession of the Property if not previously done. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. 4 (b) At Closing Purchaser and Seller shall enter into a lease agreement (the "Leaseback Agreement") wherein Purchaser, as Landlord, shall lease back to Seller, as Tenant, the Fee Property for a term of eighteen (18) months, such term commencing on the Closing Date. The Leaseback Agreement shall be in the form attached hereto as Exhibit "F". Prorations 5.04. 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. 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 enforce specific performance of this Contract. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the amount of $500 as liquidated damages for any failure by Purchaser. Such 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. 5 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. 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. 6 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, which date is indicated beneath the Mayor'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. Fence and Stub -outs 8.12. Purchaser shall install, or cause to be installed, at Purchaser's sole cost, a fence substantially in conformance with the location and specifications in Exhibit "G". Purchaser shall install, or cause to be installed, at Purchaser's sole cost stub -outs substantially in conformance with the location and specification in Exhibit "G". SELLER: Judith L. Davis f,ar/b4o Date: / / , 043 7 Address: 3800 County Road 175 Leander, Texas78641 PURCHASER: City of Round Rock, Texas By: Attest: ,y) A n McGraw, Mayor Date: 7 J2 ( 3 Sara White, City Clerk 8 Address: 221 E. Main Street Round Rock, Texas 78664 For i , Approved a to Form: Steph 1 Sheets, City Attorney DAVIS TRACT POPOSED R.O.W. Page 1 of 3 COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 1.666 ACRE (72,584 SQUARE FOOT). TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND. CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL 658, PG. 870, OF THE DEED RECORDS OF WILUAMSON COUNTY, TEXAS, SAID 1.666 ACRE (72,584 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8" iron rod found, In the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded In Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast comer of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C. Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also being in the proposed northerly right-of-way line of Arterial 'H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 38.98 acre tract and the remainder of said 19.085 acre tract, same being said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set, for the most westerly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, with said proposed northerly right-of-way line, and through the interior of the remainder of said 19.085 acre tract, the following three (3) courses: 1) Along a curve to the left, having a radius of 4950.00 feet, a central angle of 05°10'20", with an arc length of 446.85 feet, a chord which bears. N 59°55'42" E, a distance of 446.70 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set for a point of reverse curvature; 2) Along a curve to the right, having a radius of 1050.00 feet, a central angle of 12°20'44", with an arc length of 228.24 feet, a chord which bears, N 63°30'54" E, a distance of 225.81 feet to a 112" Iron rod with aluminum cap stamped "ARTERIAL H" set for a point of tangency; 3) N 69°41'16" E for a distance of 355.13 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set, being in the westerly right-of-way line of County Road 175 (right-of-way width varies), same being In the easterly boundary line of the remainder of said 19.085 acre tract for the northeast comer of the herein described; THENCE, with said existing westerly right-of-way line, same being said easterly boundary line, the following two (2) courses: 4) S 48°15'18" E for a distance of 0.31 feet to a 1/2" Iron rod with plastc cap stamped "B -A" found; 5) S 34°24'03" E for a distance of 102.82 feet to a 112" iron rod with plastc cap stamped "2025" found, being the northeast corner of the remainder of said 36.96 acre tract, same being the southeast comer of the remainder of said 19.085 acre tract, for the southeast comer of the herein described tract. and from which a 1/2" Iron rod found with plastic cap stamped "B -A", being In the westerly right-of-way line of said County Road 175 same being the northeast comer of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman, by instrument recorded in Volume 836, Page 853, of the Deed Records of Williamson County, Texas, bears S 25'23'12' E at a distance of 30.04 feet; 6) THENCE, departing said right-of-way Ilne, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19.085 acre tract, S 69°41'16" W for a distance of 1045.02 feet to the POINT OF BEGINNING, containing 1.666 acres (72,584 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat. That 1, Lawrence M. Russo, 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. WITS MY HAND AND SEAL at Ro n odd, Williamson County, Texas. 7 rLence M. Russo egistered Professional Land Surveyor No..5 50 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 EXIT 1 to 11 C) D o r o m or_ zn cnz AVM -AO -11491H H 1N/18312:3V II3S0d02id £IOZ-II-bO :a3S1A38 n N n m e N O 0 a 0 N 0 0 r z z 1 r 0 04 0 0 0 04 0 0 0 0 0 c 0) N N m N m m 0I r m x z W e 0 0 ui m z U a m C) 0 0 m m z 6) N 04 at 0 a 9 p 70 � 319H1 3Aana 0 • /4X b 9 � • m O O 2 30Vd 338 -1 -) :')OrE00mAOo3. wNN~N"iCI N 3NI1HO.LVVI rr+1,1 rm mAfzn my�0.0y'n • • •m.. g.. rr�-9 g x at -n p m C A 5 5-oA-0A Fri m A m o o a A p r o 0 o m0 mo ZAFn T. OY Am T2i 2. z z zazOz m A p A D O O is 00 r"m+n ov ZrZcv 0O 0.1orO r noOmn0en 72 n AZDm 0+1'�)�Ip�z� Gl oCN zE oN -1 0 0 0_ CPU m Z�op z +Ojn n`z'o m_ICCz z=rorO- i Cm r m 2 n OCC a aT3in OD "1-10 _i m 0 r' 017 aA mc -0 m :<p mx m m"0 v• -13 mn LD) m myv�i v (nn; y�v P1 -+ N m ^ z N0 • n 0 v W N 0 r m ut u 0 O O O 0 �a NTI 0 Z 0 40N.93.11 5101'. 03 th n • o �a CO Z. 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Clc Z gin X iN m 23 9 b 1^n mh N m • 0 C r" 0• . yi9 Z 49 N y A O h C Th b v m z rn0 m X w -1 PARCEL 10 DAVIS TRACT Page 1 of 2 COUNTY: WILLIAMSON REVISED 04-10-2013 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.410 ACRE (17,854 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.410 ACRE (17,854 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast comer of Lot 16, Stonehurst, a subdivision of record, recorded In Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also being in the proposed northerly right-of-way line of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, same being said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40 feet to a 1/2" iron rod with aluminum cap stamped °ARTERIAL H" set; THENCE, departing the northerly boundary line of the remainder of said 36.96 acre tract, and continuing with said proposed northerly right- of-way line, through the interior of the remainder of saki 19.085 acre tract, along a curve to the left, having a radius of 4950.00 feet, a central angle of 01°12'11", with an arc length of 103.95 feet, a chord which bears, N 61°54'46" E, a distance of 103.95 feet to a 1/2" iron rod with plastic cap stamped INLAND -5050" set for the southwesterly comer and the POINT OF BEGINNING of the herein described tract; THENCE, departing said proposed northerly right-of-way line, and continuing through the interior of the remainder of said 19.085 acre tract, the following three (3) courses: 1) N 34°50'23" W for a distance of 84.96 feet to a 1/2" iron rod with plastic cap stamped "INLAND -5050" set for the northwest corner of the herein described tract; 2) N 55°09'37" E for a distance 01190.00 feet to a 1/2" iron rod with plastic cap stamped "INLAND -5050" set for the northeast comer of the herein described tract; 3) S 34°50'23" E for a distance of 101.74 feet to a 1/2" Iron rod with plastic cap stamped "INLAND -5050" set, being in said proposed northerly right-of-way line, for the southeast comer of the herein described tract; 4) THENCE, with said proposed right-of-way line, along a curve to the right, having a radius of 4950.00 feet, a central angle of 02°12'29", with an arc length of 190.75 feet, a chord which bears, S 60°12'26" W, a distance of 190.74 feet to the POINT OF BEGINNING, containing 0.410 acres (17,854 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, Lawrence M. Russo, 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. WI" fess MY HAND AND SEAL at ock, Williamson County, Texas. orN . 50 L wrence M. Russo egistered Professional Land Su ey 50 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 Q4% t ! 2‘), 1 ate a� go18; Its 0 a om -mac 0 Z 5- C v r 0 F 01 133 JVd nAO V'mN 0 0 • 0 ,,,,y N 7 tp oc )/ yrzr0O 00' Z O N r r 0 0 N 0 0 x z 0 N o O 0m 0 m £102-01-1r0 :03SIAMI to co m 0 0 w Z 70 M 0 m 0� co x rnfe1'i < z *co 000 m 0e1 mE 3� m 0 In 0 -o '0 0 N 0 0 O 0 0 O -6- O Do orm 'neo 0 77 -491 a <ym o0cc$+ 0 z • Ay qz P w* 0rA rn I▪ 4 /(.1 Z m Z v vf�-c0 '- > 0 0 z�1 r'm Nm nr'N 3Amm.. m O 0 D z co z DzZN A D n "c--. -4 -1 m O m N 0 o-No71 co 0Z m 0. -m 0Z w00> oma z'�' ..I 0 m 23 p raz A 0 m A z<0 m�rw N �jjs. s. O 0 Dtnily own 0720 E mrn '" ox11) D A XIN 1-I 0 • A n mm O Z T 1 (').1 A 043 5410 ZCh Q co 1 61 Q Oso RI! m y4 m m m 0 N 0 T 383V WI" £OSLIOZOOZ '300 11N1103 NOSWVI" M co A m 113d 0100 00 W00 1 0 �S L10d p�f N 0 fA 0 0 A N A c N IND 0 N -1 07 m ca 0 0 N m 0 0 23 0 w N 0) 1 2 0 O1 m z col A o: m z z 0 0 w ID A 0 5 rnZ 1 2 31871 3/1H113 -13r -1 0 n O 2 E CITY OF ROUND ROCK WATERLINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Judith L. Davis, an urunarried woman, and her successors and assigns, (hereinafter referred to as "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 (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water transmission and distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: Being a 0.095 acre (4,146 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 685, Pg. 870, of the Deed Records of Williamson County, Texas, said 0.095 acre (4,146 square foot) tract of land being more particularly described as Part 1, containing 0.071 acre (3,098 square feet), Part 2, containing 0.024 acre (1,048 square feet) in Exhibit "A" attached hereto and incorporated herein for all purposes. 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 said waterline is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights within the area 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 of the easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the waterline. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. 00273191.doc Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with the rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (d) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (f) (g) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. 2 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; (0) 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. 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, accesso►y 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 pipelines. 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 (1 0) 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. 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 waterline easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its 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 instruunent to be executed this day of , 2013. (Signatures on the following page) 3 GRANTOR: Judith L. Davis ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by Judith L. Davis, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 4 Notary Public, State of PARCEL 10 DAVIS Page 1 of 3 COUNTY: WILLIAMSON REVISED 04-10-2013 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.095 ACRE (4,146 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.095 ACRE (4,146 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS PART 1, CONTAINING 0.071 ACRE (3,098 SQUARE FEET), AND PART 2, CONTAINING 0.024 ACRE (1,048 SQUARE FEET) BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1 (0.071 ACRE, 3,098 SQUARE FOOT) BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also being in the proposed northerly right-of-way line of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, and being said proposed northerly right-of-way line, N 69°41'16" E for a distance of 22.28 feet to a calculated point for the most westerly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, through the interior of the remainder of said 19.085 acre tract, the following two (2) courses: 1) Along a curve to the right, having a radius of 2090.00 feet, a central angle of 04°04'02", with an arc length of 148.37 feet, a chord which bears, N 50°37'52" E, a distance of 148.34 feet to a calculated point, being the westerly boundary line of a proposed 0.410 acre tract, for the most northerly corner of the herein described tract; 2) THENCE, with the westerly boundary line of said proposed tract, S 34°50'23" E for a distance of 35.50 feet to a Yz" Iron rod with plastic cap stamped "Inland 5050" set, being in said proposed northerly right-of-way line, being the southwest corner of said proposed 0.410 acre tract, for the southeast corner of the herein described tract; 3) THENCE, departing the westerly boundary line of said proposed tract, with said proposed northerly right-of- way line, along a curve to the right, having a radius of 4950.00 feet, a central angle of 01°12'11", with an arc length of 103.95 feet, a chord which bears, S 61°54'46" W, a distance of 103.95 feet to a iron rod with aluminum cap stamped "ARTERIAL H" set, being in the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract; 4) THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, and said northerly proposed right-of-way line, S 69°41'16" W for a distance of 46.12 feet to the POINT OF BEGINNING, containing 0.071 acres (3,098 square feet) of land, more or less. PART 2 (0.024 ACRE, 1,048 SQUARE FOOT) BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the remainder of said 36.96 acre tract, being the southeast corner of said Lot 16, being the southwest corner of the remainder of said 19.085 acre tract, also being in said proposed northerly right-of-way line of Arterial H; PARCEL 10 DAVIS Page 2 of 3 COUNTY: WILLIAMSON REVISED 04-10-2013 THENCE, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19.085 acre tract, and said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40 feet to a'A" iron rod with aluminum cap stamped "ARTERIAL H" set; THENCE, departing said common boundary line, with said proposed northerly right-of-way line, through the interior of the remainder of said 19.085 acre tract, along a curve to the left, having a radius of 4950.00 feet, a central angle of 03°24'40", with an arc length of 294.71 feet, a chord which bears, N 60°48'32" E, a distance of 294.66 feet to a %" iron rod with plastic cap stamped "Inland 5050" set, being the southeasterly corner of said proposed 0.410 acre tract, for the southwesterly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said proposed northerly right-of-way line, through the interior of the remainder of said 19.085 acre tract, the following two (2) courses: 1) With the easterly boundary line of said proposed 0.410 acre tract, N 34°50'23" W for a distance of 44.25 feet to a calculated point for the most northerly corner of the herein described tract; 2) Departing the easterly boundary line of said proposed tract, S 79°50'23" E for a distance of 66.87 feet to a calculated point, being in said proposed northerly right-of-way line, for the most easterly corner of the herein described tract; 3) THENCE, with said proposed northerly right-of-way line, along a curve to the right, having a radius of 4950.00 feet, a central angle of 00°32'54", with an arc length of 47.38 feet, a chord which bears, S 58°49'45" W, a distance of 47.38 feet to the POINT OF BEGINNING, containing 0.024 acres (1,048 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, Lawrence M. Russo, 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. WITJ4 SS MY HAND AND SEAL at Round Rock, Williamson County, Texas. ) L rence M. Russo egistered Professional Land Surveyor No. 5050 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 04- � l 2.0 13 or z 3' -o z AN-iZ7b 0770 mz-4 D9 w -7.z aoarmar. <20 mom 0rC 0 0o Acm 02,111,rm rx C DC 0mo•' u) Com'an - znmp.. <i a imm a''1jzczNZ Dn :1rN 7130 y0� Nmox a2Z1N mmS N5)2 amcmi/xp ZII.4 (NI10 m ONCnZ N 711 O 2DD mtno �m0m r mZ-1 O VoM G� D vx - D.y* 0OZDO x- mvin z 1rrlo ny ,imN Wo IIID N 1 r In0•3 Ca 2) ca'I < zm-, cV� XI CI) m nma m b mvy x, x, mNN 0 A 73 OOm 'c m0 -2.1,,0 A a'OC Off_ A'A10 z P -C mm �ID2 DDZ CnO 70-cZ 3. 0'i0 1`7 mA N nf`ZDo d_i0 om-1%181 rc !'1rw o n A m AC c m zAA Q-1 NNA m c V Zm1 Dz 0w 4z,1 n pXcn y Df P0fn rW' v7oy jx 0 r PI i lzm Ox wZr Dye -o mm N1 Ox z -I Zp In NZ m0 4C C I1 11-40 c m▪ m mmm A £103 -OI -0O °43SIA321 ;; A�>,0:°.:°-....c.•®® ® 0 1) yCOmN >E9 *Omm2NZ:•!1oSPN rt• Ey oll•o7gpCOOgOZ p z11'1gi> 5R "1 gm g gQ22°E z ic8c A Yg m t$F8 ✓ m0. No$.• C2�wtOc°4 b�G m "Iz Z'or(21 pp m z q og9=CgDN O o { 7.m 7-4 Mn isl O Nrry 'iD 2 i y 7 or, c b A1C '0 v v_� • n D ;c ;C r G) m PI m xx X (.11 N q 0 w r m 0) z 0 D �+ • CD0 r •nzr m -nivxl 0' • N lI1� N 0l • 0 0: 0 Io n 4 w C1 N 2 m0 0 e N d O O O N a A 0 A • O 0 0 m 1 0) m CII 0 0 0 Ca Ca 0 0 0 0I w 0 0 0 N 100 0 0 0 0 0l N ID N ZN 07 O Ip A rrn 5 x z 01 0 A c7 CN N m Cn A m N 0 A 00) z O 01 cm u N m n O .'0 O m z 41 G1 0D ID N oA7 0 0 z -Ni x o msbm NibiA 318tl1 3All113 NOLLdId3S30 ANVdW000V 01 1 C7d PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Judith L. Davis, an unmarried person, and her successors and assigns, ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual public utility easement and right-of-way in, upon, over, under, above and across the following described property, to -wit: All of that certain area being 10 feet wide measured from the northern boundary line of the "Proposed Arterial `H"' and shown generally as that area designated as "Prop. 10.00' Public Utility Easement" in Exhibit "A" attached hereto and incorporated herein. 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 00278737.doc/jmr EXHIBIT p granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. 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 shall remain the property of Grantee. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and singular all usual and customary rights thereto in anywise belonging, and together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing or maintaining said utilities and for making connections therewith, and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of , 2013. 2 GRANTOR: Judith L. Davis ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the day of the month of , 2013, by Judith L. Davis, in the capacity and for the purposes and consideration therein expressed. Notary Public, State of Texas 3 II r y ESP 2 Whrge p"NDN�iD 5,il ¢¢ jjFG II 11 l Ill lII B@ . tIIIIzon/0 1 f I O bI� 9i P2 21-4 €1 ee 1 D` €�04 a 28 w bt iy pr mE4 mOne 6 1 k Ri}-f0 PO /1� toIE ri@ait r • i! W J PS 00+90t tl1S 3Ni1 H31VW 9 L IIVI �l . .ti i xv - v orth oaCV K OD r �, 6.11 ma „:, k n. . E. i km 1 I -----' ' vm vwv ----- I .. 1__1_._ p e; � .. E BIW .46--.v �m j \ A b pppp VW - .1+-VS1V tit uo ra • v KM e.0 Km MEI uxn--arrs un rd ora n nm rmm ero . e Y I f 1 9 g P S 61-60 KA -I19 Vd n.w-us KV = j IVO v+ - v 6� a I I OS+E8urn t*iVW PIAN AND PROFILE STA. 93+0O • STA. 1 a 0 C4 7a WE ta 4gz.,_5151 x 5 SPECIAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF WILLIAMSON NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WHEREAS, the City of Round Rock, Texas is authorized to purchase and receive land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed Arterial H roadway improvements ("Project"); and, WHEREAS, the acquisition of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Judith L. Davis, an unmarried woman, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: Tract 1: A 1.666 acre (72,584 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 1.666 acre (72,584 square foot) tract of land being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein for all purposes; and Tract 2: 0.410 acre (17,854 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, 00278430.doc PG. 870, of the Deed Records of Williamson County, Texas, said 0.410 acre (17,854 square foot) tract of land being more particularly described by metes and bounds in Exhibit "B", attached hereto and incorporated herein; RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of Grantee, its successors or assigns, or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of the Project, but shall not be used or exported from the Property for any other purpose. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind herself, her heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the 2013. 2. GRANTOR: day of Judith L. Davis STATE OF COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of 2013 by , in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 3. DAVIS TRACT POPOSED R.O.W. Page 1 of 3 COUNTY: WILLIAMSON EXHIBIT. PROPERTY DESCRIPTION DESCRIPTION OP A.1.666.ACRE (72.584 SQUARE FOOT), TRACT OF LAND SITUATED 1N THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLiAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.666 ACRE (72,584 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3!8" iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast comer of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C. Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract;. also being in the proposed northerly right-of-way line of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of sald 36.96 acre tract and the remainder of said 19.085 acre Iract, same being said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40 feet to a 112" iron rod with aluminum cap stamped "ARTERIAL H' set, for the most westerly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, with said proposed northerly right-of-way line, and through the interior of the remainder of said 19.085 acre tract, the following three (3) courses: 1) Along a curve to the left. having a radius of 4950.00 feet, a central angle of 05°10'20", with an arc length of 446.85 feet, a chord which bears, 1459°55'42" E, a distance of 446.70 feet to a 1!2" iron rod with aluminum cap stamped "ARTERIAL H" set for a point of reverse curvature; 2) Along a curve to the right, having a radius of 1050.00 feet, a central angle of 12°20'44", with an arc length of 226.24 feet, a chord which bears, 14 63°30'54" E, a distance of 225.81 feet to a 1/2" Iron rod with aluminum cap stamped "ARTERIAL H" set for a point of tangency; 3) N 69°41'16" E for a distance of 355.13 feet to a 1i2" Iron rod with aluminum cap stamped "ARTERIAL H" set, being in the westerly right-of-way line of County Road 175 (right-of-way width varies), same being In the easterly boundary line of the remainder of said 19.085 acre tract for the northeast corner of the herein described; THENCE, with said existing westerly right-of-way tine, same being said easterly boundary line, the Following two (2) courses: 4) S 46°15'18" E for a distance of 0.31 feet to a 1!2" iron rod with plastic cap stamped "8-A" found; 5) S 34°24'03" E for a distance of 102.82 feet to a 1!2" iron rod with plastic cap stamped "2025" found, being the northeast corner of the remainder of said 36.96 acre tract, same being the southeast comer of the remainder of said 19.085 acre tract, for the southeast corner of the herein described tract, and from which a 1!2" iron rod found with plastic cap stamped "B -A", being in the westerly right-of-way line of said County Road 175 same being the northeast comer of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman, by instrument recorded in Valume836; Page 853, of the Deed Records of Williamson County, Texas, bears S 25°23'12' E at a distance of 30.04 feet; 6) THENCE, departing said right-of-way line, with the common boundary line of the remainder of sald 36.96 acre tract, and the remainder of said 19.085 acre tract, S 69°41'16" W for a distance of 1045.02 feet to the POINT OF BEGINNING, containing 1.666 acres (72,584 square feet) of land,, more or less. All bearings recited herein are based on the Texas Slate Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat. That I. Lawrence M. Russo, 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 Ro n ock, Williamson County, Texas. 14.1\ '\ 0 La(vrence M. Russo �eglstered Professional Land Surveyor No. X5050 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 P�aISTfi �� ,1; LAWRENCE M. RUS$O 1.4.."01, 5050 N.14z. 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N Ni i -vooFoymmzznoQr a np air-bi y mm00t0G1r>z z zv20Q u001-rren0 �x mfP13CZIi'1A 0" A>ozo 0 A N /= z p m m r'I A z 0 b o u Gl Q y O (raj pH z,rW-0 y 3,Alz�mr bO�A�O\m CO nf1 gillA n00 miCC an yl•13 Z '1 Cm n M Z N 0 0 0 .0 0A 0 i C f Se �Oi Kom m 0 r��P1Cmn m v a MCO (4 O N ME D t z ib tail -1 t7 C G n 2 1)r' n v PARCEL 10 DAVIS TRACT Page 1 of 2 COUNTY: WILLIAMSON REVISED 04-10-2013 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.410 ACRE (17,854 SQUARE FOOT), TRACT OF LAND SITUATED IN THE. JOHN D. ANDERSON SURVEY, ABSTRACT NO, 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.410 ACRE (17,854 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also being in the proposed northerly right-of-way tine of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, same being said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40 feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set; THENCE, departing the northerly boundary line of the remainder of said 36.96 acre tract, and continuing with said proposed northerly right- of-way line, through the interior of the remainder of said 19.085 acre tract, along a curve to the left, having a radius of 4950.00 feet, a central angle of 01°12'11", with an arc length of 103.95 feet, a chord which bears, N 61°54'46" E, a distance of 103.95 feet to a 112" iron rod with plastic cap stamped INLAND -5050" set for the southwesterly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said proposed northerly right-of-way line, and continuing through the interior of the remainder of Saki 19.085 acre tract, the following three (3) courses: 1) N 34°50'23" W for a distance of 84.96 feet to a 112" iron rod with plastic cap stamped "INLAND -5050" set for the northwest corner of the herein described tract; 2) N 55°09'37" E for a distance of 190.00 feet to a 112" Iron rod with plastic cap stamped "INLAND -5050" set for the northeast comer of the herein described tract; 3) S 34°50'23" E for a distance of 101.74 feet to a 1/2" iron rod with plastic cap stamped INLAND -5050" set, being in said proposed northerly right-of-way line, for the southeast comer of the herein described tract; 4) THENCE, with said proposed right-of-way line, along a curve to the right, having a radius of 4950.00 feet, a central angle of 02°12'29", with an arc length of 190.75 feet, a chord which bears, S 60°12'26" W, a distance of 190.74 feet to the POINT OF BEGINNING, containing 0.410 acres (17,854 square feet) of land, more or less. All bearings recited herein are based on the Texas. State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, Lawrence M. Russo, 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. WI�I TSS MY HAND AND SEAL at I aand,F2ock, Williamson County; Texas. ) \' 1 . \ a �)Z n, Lawrence M. Russo F eglstered Professional Land Surgeyor N 5050 Inland Geodetics, L.P. Firrn Reg. No. 100591-00 1504 Chisholm Trait Road Suite 103 Round Rock, TX 78681 512-238-1200 OA— /7.CZ 1 s ,'. LAWRENCE M. 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Main Street Round Rock, Texas 78664 JUDITH DAVIS 3850 County Road 175 Leander, Texas 78628 The following described property located in Williamson County, Texas, being all of the same property purchased on this date by Landlord from Tenant: a. Land. 1.666 acre (72,584 square foot), tract of land situated in the John D. Anderson Survey, Abstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called 19.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 0.1.666 acre (72,584 square foot) tract of land being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein; and b. Buildings. All improvements and fixtures owned by Landlord and located on the Land (the "Buildin ") that are considered part of the real property, and specifically excluding any personal property of Landlord or any tenant located on the Land; c. Other Property. (i) The interest of the lessor or landlord under all leases, tenancies, rental, use, occupancy, and concession agreements covering space on the Land (hereinafter called the "Leases"); (ii) All of Landlord's interest in the following to the extent they relate to the ownership, use, leasing, maintenance, service, or operation of EXHIBIT 3 f- the Land or Buildings and are assignable without the consent of or payment to any other party: (i) contracts or agreements such as maintenance, service, or utility contracts, (ii) warranties, guaranties, indemnities and claims, (iii) development rights, utility capacity, governmental approvals, licenses and permits, and (iv) plans, drawings, specifications, surveys, engineering reports and environmental reports; and (iii) All and singular the rights and appurtenances pertaining to any of the foregoing, including without limitation, the right of the Landlord, if any, in and to adjacent streets, alleys, easements, rights-of-way and rights of ingress and egress thereto. Term: Eighteen (18) months from the Effective Date, subject to the teams and early termination as provided herein. Termination Date: Eighteen (18) months from the Effective Date, or such earlier date as determined by the early termination provisions herein. Rent: One and No/100 Dollars ($1.00) per eighteen (18) month period. The Rent has been prepaid concurrently herewith for the entire Term and Landlord acknowledges full receipt of Rent. Security Deposit: N/A Permitted Use: Any lawful use. Definitions: "Injury" means (a) harm to or impairment or loss of property or its use, (b) harm to or death of a person, or (c) "personal and advertising injury" as defined in the form of liability insurance Tenant is required to maintain. "Landlord" means Landlord and its agents, employees, invitees, licensees, or visitors. "Tenant" means Tenant and its agents, contractors, employees, invitees, licensees, or visitors. "Subtenant" means (a) any tenant, licensee or other occupant or party entitled to use all or any portion of the Premises as of the Effective Date under any of the Leases and (b) subject to Paragraph 20, any tenant, licensee or other occupant or party entitled to use all or any portion of the Premises after the Effective Date pursuant to a sublease or other agreement entered into with Tenant. 2 Clauses and Covenants A. Tenant agrees to - 1. Lease the Premises for the entire Terin beginning on the Effective Date and ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS". 3. Obey (a) all applicable laws relating to the use, condition, and occupancy of the Premises and (b) any requirements imposed by utility companies serving or insurance companies covering the Premises; provided, that in no event will Tenant be required to make any alterations or additions to the Premises in order to bring the Premises into compliance with applicable law. 4. Pay or cause to be paid the normal and customary costs of any maintenance or other operating or use expenses related to or required for the Premises during the Term. 5. Maintain during the Term insurance coverage on the Building in the same manner as currently provided. 6. Vacate the Premises on the last day of the Term or as otherwise required herein. 7. INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN ANY PORTION OF THE PREMISES. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (a) IS INDEPENDENT OF TENANT'S INSURANCE, (b) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (c) WILL SURVIVE TIIE END OF THE TERM, AND (d) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF LANDLORD BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. 8. Pay all ad valorem property taxes assessed against the Land, Building and other portions of the Premises. B. Tenant agrees not to - 1. Use the Premises for any purpose other than the Permitted Use. 2. Create a public nuisance. 3. Allow a lien to be placed on the Premises that will not be released or extinguished as of the end of the Term. 3 C. Landlord agrees to - 1. Lease to Tenant the Premises for the entire Term beginning on the Effective Date and ending on the Termination Date, subject to the provisions of Paragraph E(20), below. D. Landlord agrees not to - 1. Interfere with Tenant's quiet and peaceful enjoyment and possession of the Premises as long as Tenant is not in default beyond applicable grace or cure periods, provided however, Tenant acknowledges that Landlord intends to remove or otherwise demolish all water and wastewater facilities currently on the Property, including, but not limited to water wells and septic systems (the "Utilities"), beginning on November 15, 2013. Tenant hereby consents to such removal of the Utilities and agrees that the removal of the Utilities shall in no way constitute a breach of this Lease. E. Landlord and Tenant agree to the following: 1. Alterations. Any additions or improvements now or hereafter located on the Premises will become the property of Landlord at the end of the Term. Upon termination of this Leaseback Agreement, the Premises shall be surrendered to Landlord. 2. Abatement. Tenant's covenant to pay Rent and Landlord's covenants are independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any reason. 3. Casualty/Total or Partial Destruction. Neither party shall be entitled to terminate this Leaseback Agreement or abate rent as a result of fire or any other casualty nor shall either party have any duty or obligation to rebuild or restore any damaged improvements. Tenant shall be entitled to receive and retain all proceeds of insurance paid in connection with any casualty damage occurring during the Term, and Landlord waives any interest in such proceeds. 4. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this Leaseback Agreement within thirty days after written notice; provided, that if such default cannot reasonably be cured within such thirty day period but Landlord commences and thereafter diligently attempts to cure such default during and after such thirty day period, then Landlord shall be entitled to such reasonable additional period of time as is necessary to cure such default. 5. Default by Tenant/Events. Defaults by Tenant are failing to comply within thirty days after written notice with any provision of this Leaseback Agreement; provided, that if such default cannot reasonably be cured within such thirty day period but Tenant commences and thereafter diligently attempts to cure such default during and after such thirty day period, then 4 Tenant shall be entitled to such reasonable additional period of time as is necessary to cure such default. 6. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to terminate this Leaseback Agreement by written notice and/or sue for damages. 7. Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Leaseback Agreement does not preclude pursuit of other remedies in this Leaseback Agreement or provided by applicable law. Landlord and Tenant have a duty to mitigate damages. 8. Holdover. If Tenant does not vacate the Premises following termination of this Leaseback Agreement or as otherwise provided in this Leaseback Agreement, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term. 9. Attorney's Fees. If either party retains an attorney to enforce this Leaseback Agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and other fees and court and other costs. 10. Venue. Exclusive venue is in the county in which the Premises are located. 11. Entire Agreement. This Leaseback Agreement is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this Leaseback Agreement or to any expressly mentioned exhibits and riders not incorporated in writing in this Leaseback Agreement. 12. Amendment of Lease. This Leaseback Agreement may be amended only by an instrument in writing signed by Landlord and Tenant. 13. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASEBACK AGREEMENT, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASEBACK AGREEMENT. 14. Notices. Any notice required or permitted under this Leaseback Agreement must be in writing. Any notice required by this Leaseback Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Leaseback Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 5 IF TO TENANT: Judith Davis 3850 County Road 175 Leander, Texas 78641 IF TO LANDLORD: Steve Norwood City Manager 221 E. Main Street Round Rock, Texas 78664 and to: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 15. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Tenn. 16. Leaseback; Assignment of Leases and Other Property. This Leaseback Agreement is executed simultaneously with the sale of the Premises by Tenant to Landlord and is intended to be a leaseback of the entire property and all rights, benefits and privileges thereof sold to Landlord by Tenant. In addition to leasing Tenant all of the Premises for the term, Landlord hereby assigns, transfers and conveys to Tenant all of Landlord's right, title and interest in the Leases and the other personal property described in the description of Premises herein. Tenant assumes the obligation for the performance of any and all of the obligations of Landlord under the Leases and such other personal property. Landlord shall not be entitled to receive any portion of the amounts payable under any Lease. 17. Sublease; Assignment. Tenant may not assign, sublet or agree to occupancy of the Property during the Term by any other person or entity in whole or in part without Landlord's consent. 18. Early Termination Option. Tenant may terminate this Leaseback Agreement at any time by delivering thirty (30) days prior written notice of such early termination to Landlord. 19. Mandatory Vacation During Term. Tenant acknowledges that Landlord intends to remove the Utilities from the Property by November 15, 2013. Tenant acknowledges that the Property will be uninhabitable beginning on November 15, 2013. Notwithstanding anything in this Leaseback Agreement to the contrary, Tenant agrees that Landlord may remove the Utilities and make the Property uninhabitable beginning on November 15, 2013. Tenant further agrees to vacate the Property no later than November 15, 2013, provided, however, that property belonging to the Tenant may remain on the Property until the end of the Term. 6 TENANT: By: Judith L. Davis Date: LANDLORD: CITY OF ROUND ROCK By: Steve Norwood, City Manager Date: 7 DAVIS TRACT I'OPOSED R.O.W. Page 1 of 3 COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A .1.666. ACRE (72,584 SQUARE FOOT), TRACT OF LAND SITUATED :IN THE JOHN D: ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH. L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLiAMSON COUNTY, TEXAS, SAID 1.666 ACRE (72,584 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING.FOR REFERENCE at a 318" iron rod found. in the northerly boundary Zine of the remainder of that called 36.96 acre tract (Tract Three) of land .conveyed to Sue McCann Wiseman, Gladys Galloway. & Joe Edgar. McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas. being the southeast comer of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest comer of the remainder of said 19.085 acre tract also being in the proposed northerly right-of-way line of Arterial "H" (100' right-of-way width); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, same being said proposed rietiherly fright -of -way line, N 69°41'16° E for a distance of 68.40,feet to a 1/2" iron rod with aluminum cap stamped "ARTERIAL H" set, for the most westerly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, with said proposed northerly right-of-way line, and through the Interior of the remainder of said 19.085 acre tract, the following three (3) courses: 1) Along a curve to the left, having a radius of 4950:00 feet, a central angle of 05°10'20", with an arc length of 446.85 feet, a chord which bears, 14 59°55'42" E, a distance of 446.70 feet to a 112" iron rod with aluminum cap stamped "ARTERIAL H" set for a point ofreverse curvature; 2) Along curve to the right, having a radius of 1050.00 feet, a central angle of 12°20'44"; with an arc length of 226.24 feet, a chord which bears, N 63"30'54" E, a distance of 225.81 feelto alp' iron rod with aluminum cap stamped "ARTERIAL I1" Set for a point of tangency; 3) 14 69°41'16" E for a distanbe of 355.13 feet to a 1/2" iron rod with aluminum Cap:Stamped "ARTERIAL H" set, being in the westerly right-of-way line of County" Road 175 (right-of-way width varies), same being in the easterly boundary line of the remainder of said 19.085 acre tract for the northeast comer of the herein described; THENCE, with said existing westerly right-of-way line, same being said easterly boundary fine, the following two (2) courses; 4) S 4695'18" E for a distance of 0.31 feet to a 1/2" Iron rod with plastic cap. stamped "B -A" found; 5) S 34°24'03" E fora distance of 102.82 feet to a 1/2" iron rod with plastic cap,stamped "2025" found, being the northeast comer of the remainder of Said 36:96. acre tract, Barrie being the southeast comer of the remainder of said 19.085 acre tract, for the southeast. comer of the herein described tract, and from Which a 1/2" Iron rod found with plastic cap stamped °B -A", being in the westerly' right-of-way fine of said County Road 175 same being .the northeast comer of the remainder of that called 3.18 acre tract of land conveyed (o Sue McCann Wiseman, by instrument recorded in yptume 836; Page 853, of the Deets Records of Williamson County, Texas, bears S 25°23'12" E at a distance of 30.04 feet; 6 THENCE, departing said right-of-way line. with the common boundary line of the remainder of said 36.96 acre (rapt, and the remainder of said 19.085 acre tract, S 89°41'16" W for a distance of 104.5.02 feet to the POINT OF BEGINNING, cgnteining 1.666 acres (72,584 square feet) of land,. more or less, All Iieatings recited herein are based on the Texas Slate Plane Coordinate System, Central.Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat. That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, de hereby certify that the above descdptton is true and correct to the best of my knowtedge and belief and that the property described herein was determined by a survey made on the ground under my diredtion and supervision. WIT/ESS MY HAND AND SEAL at Rond. ock, Williamson County, Texas. Y� Latiirenoe M. Russo " t. , egiatered Professlonaf Land Surveyor No. '5050 Inland Geodetics, L.P. Firm Reg. 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