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R-2014-1290 - 3/27/2014RESOLUTION NO. R-2014-1290 WHEREAS, in January 2012 a dispute arose between the City of Round Rock ("City") and Union Pacific Railroad Company ("UPRR") regarding the ownership and/or use of certain portions of McNeil Road and Bellview Avenue; and WHEREAS, the City filed a lawsuit against UPRR in the 368th Judicial District Court of Williamson County, under Cause No. 12-0774C368; and WHEREAS, UPRR filed a counter -claim for unpaid rent and for inverse condemnation arising out of the City's use of the disputed portion of the roads; and WHEREAS, the City and UPRR wish to avoid the uncertainty of litigation by settling the lawsuit; 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 the Settlement Agreement and Mutual Release of the lawsuit, as well as all other documents related to the settlement. A copy of the Settlement Agreement and Mutual Release is attached hereto as Exhibit A. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404;00294796 EXHIBIT „A„ 1 J ?? 1 CAUSE NO. 12-0774C368 CITY OF ROUND ROCK, TEXAS, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant. § § § § § ss § IN THE DISTRICT COURT WILLIAMSON COUNTY TEXAS 368`" JUDICIAL DISTRICT SETTLEMENT AGREEMENT AND MUTUAL RELEASE WHEREAS, in January 2012, a dispute arose between the City of Round Rock and Union Pacific Railroad Company regarding the ownership and/or use of certain portions of McNeil Road and Bellview Avenue (the "Roads"); WHEREAS, Union Pacific Railroad Company asserted that certain portions of the Roads were within its right of way and that the City of Round Rock would have to enter into a lease with Union Pacific Railroad Company in order to continue to use the disputed portion of the Roads; WHEREAS, the City of Round Rock asserted that it was the owner of or the holder of an easement in the disputed portion of the Roads that permitted it and the public to continue to use the Roads without any obligation to Union Pacific Railroad Company; WHEREAS, in the above -styled lawsuit (the "Lawsuit"), the City of Round Rock alleged various causes of action seeking title to the disputed portion of the Roads or an easement to continue to use such property as part of a public roadway without any obligation to Union Pacific Railroad Company; 00295218.DOC WHEREAS Union Pacific Railroad Company filed a counter -claim for unpaid rent relating to the use of the portion of the Roads and for inverse condemnation arising out of the City of Round Rock's use of the disputed portion of the Roads; WHEREAS, both parties completely deny and dispute the other party's allegations, claims and causes of action and have vigorously defended against same; WHEREAS, the City of Round Rock and Union Pacific Railroad Company (collectively referred to herein as the "Parties") to avoid the uncertainty of litigation and the possibility of a completely adverse result at trial, seek and intend hereby to settle the Lawsuit, including all related and potential claims between and amongst themselves, and further seek to and intend to conclude all litigation between the Parties. PRESENTS KNOW ALL MEN BY THESE PRESENTS: 1. In this Settlement Agreement and Mutual Release, the following terms shall mean as follows: A. "Round Rock" means and includes the City of Round Rock, and its past, present, and future actual, apparent, and/or ostensible agents and/or indemnitees, boards, City Council, servants, employees, contractors, administrators, attorneys, (including, but not limited to, the law firms of Sheets & Crossfield, P.C. and Bourland Law Firm, P.C., including all attorneys employed by said firms), representatives, associations, affiliates, divisions, departments, professional associations, predecessors, successors, heirs, beneficiaries, trusts, trustees, regents, executives, and/or assigns. B. "Union Pacific" means and includes Union Pacific Railroad Company, and its past, present, and future other companies, its past, present, and future actual, apparent, and/or 2 ostensible agents and/or indemnitees, servants, employees, contractors, administrators, attorneys (including, but not limited to, the law firm of Kane Russell Coleman & Logan PC including all attorneys employed by such firm), representatives, associations, parents, subsidiaries, affiliates, divisions, departments, professional associations, predecessors, successors, corporations, officers, directors, shareholders, partners, members, heirs, beneficiaries, trusts, trustees, regents, executives, and/or assigns. C. "Claims and Causes of Action" means any and all actions, claims, counter -claims, third -party claims, cross claims, demands, damages and costs, rights or causes of action arising out of or relating to the ownership and/or use of the disputed portion of the Roads which were brought or which could have been brought by either Party in the Lawsuit. D. "Release" means this Settlement Agreement and Mutual Release. 2. Bona Fide disputes and controversies exist between the Parties, both as to the fact and extent of liability, if any, and as to the fact and extent of damages, if any. By reason of such disputes and controversies, the Parties to this Release desire to settle all Claims and Causes of Action of any kind whatsoever that either Party has or could have asserted against the other Party. The Parties have denied and continue to deny any liability whatsoever for the damages claimed or which could have been claimed by the other Party. 3. All representations and warranties contained in this Release shall survive the execution of this Release and the closing of the settlement as set forth below in paragraph 10. 4. Each person executing this Release warrants and represents that he or she is legally competent; of sound mind; has read this Release; has conferred with his or her chosen counsel; understands the contents of this Release; has executed this Release of his or her own 3 free will; has the power and authority to enter into this Release and to execute it in the capacity stated herein. 5. The Parties each warrant and represent that they are the sole owners and holders of the Claims and Causes of Action asserted or which may have been asserted and that no part of their Claims and Causes of Action asserted or which may have been asserted have been sold, encumbered, pledged, assigned, or transferred to any other person or entity. The Parties each further warrant and represent that there are no known existing, pending, or potential claims arising out of the ownership and/or use of the disputed portion of the Roads that are not herein fully compromised, settled and released and that the signatories have the authority to execute this document on their behalf. 6. In reliance on the representations, warranties, and covenants in this Release, all of which it is agreed shall survive the execution of this Release and the completion of the settlement transaction as set forth below in paragraph 10, the Parties have settled and compromised their Claims and Causes of Action. 7. The Parties understand and agree that this settlement is a full, final, and complete compromise, settlement, and release of all Claims and Causes of Action that the Parties possess now, have or may ever have against the other Party arising out of or in any way related to the Lawsuit or to the ownership or use of the disputed portion of the Roads. The Parties understand and agree that this Release prohibits either Party from ever seeking any additional funds or relief from the other Party in any capacity in any way related to claims that were asserted or could have been asserted in the Lawsuit. 8. For the consideration recited in this Settlement Agreement, including, but not limited to, the mutual releases and consideration described herein, the Parties agree that they do 4 release and will not bring, commence, institute, or maintain, any action at law, proceeding in equity, or claim against the other Party for damages or relief whatsoever which relates directly or indirectly to, or arises from or is based in whole or in part upon, the ownership or use of the disputed portion of the Roads or the Lawsuit. 9. Within two (2) business days following the closing of the settlement transaction described in paragraph 10 and the exchange of executed signature pages to this Release, Union Pacific will file the Joint Agreed Notice of Non -Suit with Prejudice attached hereto as Exhibit A. 10. As consideration herein, the Parties have agreed to the following: a. At a reasonable time prior to the closing of this transaction, Union Pacific shall prepare and deliver to Round Rock, subject to the approval of the Round Rock City Council, the following instruments: i. Deed Without Warranty attached hereto as Exhibit B; ii. Special Warranty Deed attached hereto as Exhibit C; and iii. Revocable Easement Deed to Round Rock attached hereto as Exhibit D. b. At the closing, Round Rock shall pay $1,600,000 to Union Pacific. i. Union Pacific shall contribute $100,000 at closing towards the Baylor bus crash memorial (to be identified as the "immortal 10") as a line item deduction from the $1,600,000 consideration in this item b. c. At the closing, each Party shall deliver to the other Party an executed copy of the Joint Agreed Notice of Non -Suit with Prejudice attached hereto as Exhibit A. d. Round Rock shall expedite plan review and approvals for the new Union Pacific maintenance site. e. Round Rock shall construct and maintain a fence/effective barricade within its right of way designated for Bagdad Road between Burnet Street and North Georgetown Street, connecting with the existing fencing at that intersection. i. Specifically, Round Rock, at its sole cost and expense, shall install, and thereafter maintain fencing or other barriers (the "Fencing") along the southern boundary of its Bagdad Road right-of-way to prevent access to or encroachment on the railroad right-of-way adjacent to the southern boundary of Round Rock's Bagdad Road right-of-way. The Fencing must be of a design and type satisfactory to Union Pacific, and in compliance with applicable building codes. 5 ii. Within sixty (60) days after the date of delivery of this Easement Deed, Grantee shall submit the plans for the Fencing construction to: Union Pacific Railroad Company Assistant Vice President -Real Estate (Folder No. 2748-74) 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. Union Pacific shall complete such review and make appropriate response to Round Rock within twenty (20) days after receipt of such plans by Union Pacific. Union Pacific shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the Fencing as constructed will be structurally sound. Round Rock shall install the Fencing no later than one hundred -twenty (120) days after receiving Union Pacific's written approval of the plans. iii. The Fencing shall be at least six (6) feet high and sufficient to reasonably prevent trespass. iv. Round Rock shall maintain the Fencing in perpetuity or until otherwise agreed by Union Pacific. f. Union Pacific shall expedite review and approval of agreements and construction plans for Quiet Zones requested by Round Rock. The closing shall occur at a time agreed upon by the Parties on or before April 18, 2014. The Parties agree that all litigation efforts shall be stayed pending completion of the settlement transaction. The Parties further agree to prepare and execute any documents necessary to communicate or effectuate this stay of litigation with the Court. 11. Each Party hereto shall bear all attorneys' fees arising from the actions of its own counsel in connection with the Lawsuit, this Release, preparation of additional settlement documentation, the settlement transaction and other matters and documents referred to herein. 12. This Release is made and executed in the State of Texas and shall be construed and interpreted in accordance with Texas law. Venue of any dispute arising from or related to this Release, or the obligations contained herein, shall be in Williamson County, Texas. If any 6 provision or part of the Release is held invalid or unenforceable such provision or part shall be considered to be separate, distinct, and severable from the other remaining provisions of this Release, and shall not affect the validity or enforceability of the remaining provisions, and the remaining terms shall remain in effect with the Parties to make good faith efforts to amend or renegotiate any terms held invalid or unenforceable so as to accomplish, to the greatest extent possible, the mutual goals of the Parties. 13. This Release may not be amended, altered, modified, or changed in any way except in writing signed by all Parties to this Release. 14. A fully executed copy of this Release will serve as an original document for all purposes. [SIGNATURE PAGES TO FOLLOW] 7 AGREED: UNION PACIFIC RAILROAD COMPANY By: Title: TONY K. LOVE THE STATE OF NEBRASKA § § COUNTY OF DOUGLAS Assistant Vice President - Real Estate BEFORE ME, the undersigned authority, on this day personally appeared 1 (( Nil k y,,){? , known to me to be the person whose name is subscribe to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. \ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this \ M h , 2014. GENERAL NOTARY - State of Nebraska SUSAN HRONEK My Comm. Exp. July 28, 2015 _._> day of Notary Public in and for the State of Nebraska AGREED: THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK By: § § Alan McGraw, Mayor BEFORE ME, the undersigned authority, on this day personally appeared Alan McGraw, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVTN UNDER MY HAND AND SEAL OF OFFICE, , 2014. LISA DWORACZYK Notary Public„ State of Texas My Commission Expires September 29, 2014 this ,,,iii') day of otary Public in and for the State of Texas 9 EXHIBIT A CAUSE NO. 12-0774C368 CITY OF ROUND ROCK, TEXAS, § Plaintiff, § v. § § UNION PACIFIC RAILROAD COMPANY, § Defendant. § IN THE DISTRICT COURT WILLIAMSON COUNTY TEXAS 368`h JUDICIAL DISTRICT JOINT AGREED NOTICE OF NON -SUIT WITH PREJUDICE TO THE HONORABLE COURT: Pursuant to the Texas Rules of Civil Procedure, Plaintiff City of Round Rock, Texas ("Round Rock") and Defendant Union Pacific Railroad Company ("Union Pacific") file this Joint Agreed Notice of Nonsuit With Prejudice as to all the claims and counterclaims and show as follows. I. Round Rock gives notice to the Court that it no longer wishes to pursue any of its claims and allegations against Union Pacific with respect to any of the matters in dispute between the parties in this cause, and hereby non -suits all of its claims and causes of action herein with prejudice. II. Union Pacific gives notice to the Court that it no longer wishes to pursue any of its claims and allegations against Round Rock with respect to any of the matters in dispute between the parties in this cause, and hereby non -suits all of its claims and causes of action herein with prejudice. 00295220 Page 1 III. This joint filing disposes of all claims and cause of action pending between all parties to this lawsuit with each party to bear its taxable costs of court as incurred. Respectfully submitted, Cindy Olson Bourland State Bar No. 00790343 Bourland Law Firm, P.C. 1 Chisholm Trail, Suite 150 Round Rock, Texas 78681 512-477-0100 512-477-0154 — Facsimile COUNSEL FOR PLAINTIFF CITY OF ROUND ROCK, TEXAS Stephan Sheets State Bar o. 18180800 Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 512-255-8877 512-255-8986 — Facsimile CO -COUNSEL FOR PLAINTIFF CITY OF ROUND ROCK, TEXAS Page 2 Marcy L. Rothman State Bar No. 17318500 Kane Russell Coleman & Logan, P.C. 919 Milam St., Suite 2200 Houston, Texas 77002 713-425-7444 713-425-7700 — Facsimile ATTORNEY FOR DEFENDANT UNION PACIFIC RAILROAD COMPANY CERTIFICATE OF SERVICE 1 hereby certify that the foregoing document was sent to all attorneys of record on this day of 2014, pursuant to the Texas Rules of Civil Procedure. Marcy Lynn Rothman Page 3 CAUSE NO. 12-0774C368 CITY OF ROUND ROCK, TEXAS, § § Plaintiff, § § v. § § UNION PACIFIC RAILROAD COMPANY, § Defendant. § IN THE DISTRICT COURT WILLIAMSON COUNTY TEXAS 368th JUDICIAL DISTRICT ORDER ON JOINT AGREED NON -SUIT WITH PREJUDICE On this day cane on for consideration the Joint Agreed Notice of Non -Suit with Prejudice filed by Plaintiff City of Round Rock, Texas and Defendant Union Pacific Railroad Company. The Court having considered the non -suit is of the opinion that it should be granted. It is therefore ORDERED that all claims and causes of action of City of Round Rock, Texas against Union Pacific Railroad Company are hereby non -suited with prejudice. Further all counterclaims of Union Pacific Railroad Company against City of Round Rock, Texas are hereby non -suited with prejudice. The parties shall bear their taxable costs of court as incurred. Signed this day of , 2014. Judge Presiding Page 4 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Space Above For Recorder's Use Only NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 2748-74 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (formerly known as Southern Pacific Transportation Company, a Delaware corporation, successor in interest through merger with Union Pacific Railroad Company, a Utah corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Delaware corporation) ("Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by the CITY OF ROUND ROCK, TEXAS a Texas home rule municipal corporation ("Grantee"), to be addressed at 221 East Main Street, Round Rock, Texas 78664, the receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey to Grantee, four tracts of land (hereinafter, the "Property") lying in the City of Round Rock, Williamson County, State of Texas, described in the legal descriptions and surveys attached hereto as Exhibits A-1, A-2, A-3, A-4, and A-5 hereto attached and hereby made a part hereof. EXCEPTING from this conveyance and RESERVING unto Grantor, its successors and assigns, forever, alt minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual rights to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such 00295326. DOC manner as not to damage the surface of the Property, or to interfere with the use thereof by Grantee, its successors and assigns. FURTHER EXCEPTING from the conveyance and RESERVING an exclusive PERPETUAL EASEMENT ten feet (10') in width measured from the centerline of the MCI fiber optic line identified on Exhibit A-5, in, on, over, under and across the Property ("Fiber Optics Easement Property"). Within the Fiber Optics Easement Property only, Grantor (and its easement holders, lessees, sublessees, licensees, successors or assigns) shall have the right to own, construct, reconstruct, maintain, operate, use and/or remove existing and/or future communication systems, lines and facilities of every kind and nature, including, but not limited to, all existing facilities, telephone, telegraph, television and fiber optic lines and related equipment (the "Fiber Optics Improvements"). Grantor does further reserve unto itself, its successors and assigns, a limited right- of-way and right of access to the Fiber Optics Easement Property over and across the Property, for the purposes of the use, enjoyment, maintenance, operation and access to the Fiber Optics Easement Property. All Fiber Optics Improvements presently existing on or hereafter constructed on the Fiber Optics Easement Property shall remain the personal property of Grantor. Grantor shall be entitled to all revenues derived from all current and future agreements to which Grantor is a party affecting the Fiber Optics Easement Property. No permanent building, structure or fence and no material or obstruction of any kind or character shad be stored or maintained on .the Fiber Optics Easement Property which would obstruct or interfere with the use and enjoyment of rights herein reserved without the prior written consent of Grantor. This conveyance is made without any watT•anty, express or implied, including, without limitation, any warranty or covenant implied under the provisions of Section 5.023 of the Texas Property Code, which provisions are hereby expressly waived by Grantee even as to the return of the purchase price. IN WITNESS WHEREOF, Grantor has duly executed this instrument this day of , 2014. UNION PACIFIC RAILROAD COMPANY, Attest: a Delaware corporation Assistant Secretary (Seal) By: Title: 2 STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On this day of , 2014, before me, Notary Public in and for said County and State, personally appeared and , who are the and the Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to ane that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. (Seal) WITNESS my hand and official seal. 3 Notary Public CERTIFICATION OF NON -FOREIGN STATUS Under Section 1445(e) of the Internal Revenue Code, a corporation, partnership, trust, or estate must withhold tax with respect to certain transfers of property if a holder of an interest in the entity is a foreign person. To inform the transferee, CITY OF ROUND ROCK, TEXAS, that no withholding is required with respect to the transfer of a U.S. real property interest by UNION PACIFIC RAILROAD COMPANY, the undersigned hereby certifies the following on behalf of UNION PACIFIC RAILROAD COMPANY: 1. UNION PACIFIC RAILROAD COMPANY is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. UNION PACIFIC RAILROAD COMPANY is not a disregarded entity as defined in Section 1.445.2(b)(2)(iii) of the Internal Revenue Code; 3 UNION PACIFIC RAILROAD COMPANY'S U.S. employer identification number is 94-6001323; and 4. UNION PACIFIC RAILROAD COMPANY'S office address is 1400 Douglas Street, Omaha, Nebraska 68179, and place of incorporation is Delaware. UNION PACIFIC RAILROAD COMPANY agrees to inform the transferee if it becomes a foreign person at any time during the three year period immediately following the date of this notice. UNION PACIFIC RAILROAD COMPANY understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury 1 declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of UNION PACIFIC RAILROAD COMPANY. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: Title: Date: 4 11.757 AC. TRACT Page 1 of 5 McNEIL ROAD - ROUND ROCK CITY LIMITS EAST TO IH -35 Revised 03/13/2014 EXHIBIT A-1 PROPERTY DESCRIPTION DESCRIPTION OF A 11.757 ACRE (512,135 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE TRACT DESCRIBED IN REPORT OF JURY OF VIEW DATED AUGUST 19, 1895, AND FILED IN VOLUME 4, PAGE 89 OF THE WILLIAMSON COUNTY ROAD MINUTES, SAME BEING A PORTION OF THE TRACT DESCRIBED IN AN ORDER TO OPEN THE CALLED ROUND ROCK AND MCNEIL ROAD, DATED AUGUST 17, 1898 AND FILED IN VOLUME 4, PAGE 243 OF THE WILLIAMSON COUNTY ROAD MINUTES, SAID 11.757 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS MADE UP OF 1) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY T. B. AND M. J. ASHER (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 622 OF THE DEED RECORDS OF WILLIAMSON LANDS EYED TO RTHERN RAILROAD BYJ. W. WILBARGER IN (100 FOOT WIDE STRIP)VOLUME 17, PAGE 702,SAID OF THE GEED RECORDS OF WILL AMSON COUNTY, TEXAS, 3) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. A. BLAIR (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 624 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 4) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY J. B. KEMP (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 625 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 5) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY H. B. SHEPPARD (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 627 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND 6) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY F. A. ROBY (100 FOOT WIDE STRIP) 1N VOLUME 17, PAGE 628, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 11.757 ACRE (512,135 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the approximate westerly limits of the City of Round Rock as described in Ordinance No. 3004 filed in Volume 1621, Page 544 of the Official Records of Williamson County. Texas, for the northwesterly corner of the herein described tract, and from which a 112' iron rod found for an ell corner In the west Zine of Cimarron 8-A (Lot 20, Block B), a subdivision recorded in Cabinet E, Slide 342, of the Plat Records of Williamson County, Texas, bears N57°20'39" W at a distance o1 49.23', an angle point in the said approximate westerly limits of the City of Round Rock and N19'45'19" W at a distance of 198.14 feet; THENCE, departing the said westerly limits. with the northerly line of the herein described tract, same being the northerly Right -of -Way line of said U.P.R.R., the following nine (9) courses: 1) N 27°50'55" E for a distance of 203.60 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 2) N 21°13'16" W for a distance of 66.18 feet to a calculated angle point (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 3) N 27°50'55" E for a distance of 1963.28 feet to a calculated point of curvature to the right (U.P.R.R. Station 8625+50, 100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 4) Along said curve to the right, having a delta angle of 13°35'42". a radius of 5829.65 feet, an aro length of 1383.26 feel, and a chord which bears N 34°38'46" E for a distance of 1380.02 feet to a calculated point of tangency (U.P.R.R. Station 8612400. 100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 5) N 41°26'37" E for a distance of 2251.02 feet to a calculated angle point (100 feet northerly of the centerline of said U.P.R.R. Main Rall Line); 6) S 21°13'16" E for a distance of 56,29 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line): 7) N 41°26'37" E for a distance of 1936.46 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 8) N 21°13'16" W for a distance of 56.29 feet to a calculated angle point (100' feet northerly of the centerline of said U.P.R.R. Main Rail Line): 9) N 41°26'37" E for a distance of 2217.63 feet to a calculated point in the westerly Right -of -Way line of Interstate Highway No. 35 (variable width Right -of -Way), for the northeasterly corner of the herein described tract; THENCE, departing the northerly Right -of -Way line of said U.P.R.R., with said westerly Right -of -Way line of Interstate Highway No. 35, same being the easterly line of the herein described tract, the following t (2) courses: 10) S 09°19'35" E for a distance of 26.19 feet to a calculated angle point; 11.757 AC. TRACT Page 2 of 5 McNEIL ROAD — ROUND ROCK CITY LIMITS EAST TO IH -35 Revised 03/13/2014 11) S 37°01'54" E for a distance of 55.84 feet to a 5/8' Iron rod with aluminum cap stamped "CORR ROW' set for the southeasterly corner of the herein described tract, from which the centerline of the U.P.R.R. Main Rail Line bears S 37'01'54" E with said westerly Right -of -Way line, at a distance of 38.78 feel, said southeasterly corner also being perpendicular to and 25.00' northerly of said centerline of the U.P.R.R. Main Rail Line; 12) S 44°12'13" W for a distance of 270.00 feet to a 5/8' iron rod with atuminum cap stamped "CORR ROW' set for an angle point; THENCE, departing said westerly Right -of -Way tine of Interstate Highway No. 35 with the southerly line of the heroin described tract, through the interior of said U.P.R.R Right -of -Way, parallel with and 38.00 feel northerly from said centerline of the U.P.R.R. Main Rail Line the following three (3) courses: 12) S 41°26'37" W, al a distance of 1047.66, pass a 5/8' iron rod with aluminum cap stamped "CORR ROW' set for a point on line (P.O.L.), at a distance of 2367.66, pass a 5/8' iron rod with aluminum cap stamped 'CORR ROW' set for a P.O.L., al a distance of 3687.66, pass a 5/8' iron rod with atuminum cap stamped 'CORR ROW" set for a P.O.L., at a distance of 5007.66. pass a 5/8' Iron rod with aluminum cap stamped "CORR ROW' set for a P.O.L., for a total distance of 6109.71 feet to a 5/8' iron rod with aluminum cap stamped "CORR ROW- set for a point of curvature (P.C.) to the left (U.P.R.R. Station 8612+00); 13) Along said curve to the left, at an arc distance of 217.96 feet (having a della angle of 02°09'54", a radius of 5767.65 feet, and a chord which bears S 40°21'40" W for a distance of 217.95 feet), pass a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a point on curve, for a total delta angle of 13°35'42", a radius of 5767.65 feet, a total arc length of 1368.55 feel, and a chord (P.C. to P.T.) which bears S 34°38'46" W for a distance of 1365.34 feet to a Mag Nail with washer stamped "CORR ROW' set for a point of tangency (P.T.) (U.P.R.R. Station 8625+50); 14) S 27°50'55" W, at a distance of 1489.41 feet. pass a 518' iron rod with aluminum cap stamped "CORR ROW" set for a point on line (P.O.L.), for a total distance of 2211.25 feet to a Mag Nail with washer stamped 'CORR ROW' set in saki approximate westerly limits of the City of Round Rock for the southwesterly corner of the herein described tract, from which the centerline of the U.P.R.R. Main Rail Line bears S 57°20'39" E at a distance of 38.13 feet; 15) THENCE, with said approximate westerly limits of the City of Round Rock, N 57°20'30" W for a distance of 12.04 feet to the POINT OF BEGINNING, containing 11.757 acres (512,135 square feet) of land, more or less. All bearings cited herein are based an the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WIT SS MY HAND AND SEAL 4-RouLd Rock, Williamson County, Texas. L • tivrence M. Russo egisiered Professional Land Survey Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 L2 0. 5050 �'. IAWI W -Y.: i ie 04 (J AATC1It !NE F3 0 C PA E. Alessiek Loop LIATCHLINE A , ;• .r- • . IT --';',., •- , . ! • •—: e,:! -4 i .i ',\ 'cr ' • 3 I ' - 7''''''.'.::;'''' "., :,:-- j, I • , .,i.,,':,: '::',''''' ...: i ,I, , • . ' / W. Messick Loop 1,nA 1 CHt. INE E # 70 ICHLJNE A PI ATE: 06.1,-2.4/23 VLS6:-_:!: GE 3 'Jr CITY OF ROUND ROCK 11.757 ACRES 512,135 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 A 1.1 ;1- it if itOFESVONAL CM. )t1LIVE701‘ i504 CDISH011.1I5A1 RD. 516 f ;i ROUND ROCK, TX 78681ji 012)1i(12i/..,FAX1511)131-1151 fj MA TC HL INE F Pv0E MATCHLINE E St. Street MATCHLINE CD 0 M41 rCHI INE D County Road 172" Deep Wood Drive MA IC HLINE fD 0 MfTCIiL INC MA ICHLINE D nATL: c.,9,/;>41 /2013 V:SIC1',N S. PAGE •1 OF CITY OF ROUND ROCK 11.757 ACRES 512,1:35 SQ. P7'. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 1 (.4 1 ANii. j (,1 (!1il.-1 I( •, i PROFFSVOI1A11,11:11S1IFIVO'01 ISO CHISHOLM 1 RAIL RO, 51£. I , F8,1501233•120,CM(S12,215•1251 ri 1 ....L..0r1 DE,..11r.T10. ACCC.PANIES MATCH:LINF MATCHLINE J - i a 2 — 4 _ ---12,i+:,, \---, -;7-----..T.„.,,.:. 1-tr- et' i .41 e ou 410 8t.Rt n , • ; t 1, T 1 • d5' 4 1 VO CZ K 0 1.2 0 a. MATCHLINE H MATCHLINE G MATCHLINE J MATCHLAE . MATCHLINE H DATE: 09/24/ 20t5 REVIONS: 03/!3/20 1 PAGE 5 OF 5 CITY OF ROUND ROCK 11.757 ACRES 512,135 SQ. ET. JACOB AL HARRELL SURVEY, ABSTRACT NO. 284 _f_ 1 11,1 i A 1,.! E_) . PROSESSiONPAL LAM) SURVINOr 1504 CHISHOLM TRAIL RD. STE. 1 --1 .11 Fit 5512123S -12W, FAX ($12)254 Iasi di 0.260 AC. TRACT Page 1 of 2 CHISHOLM VALLEY PARK Revised 12/19/2013 EXHIBIT A-2 PROPERTY DESCRIPTION DESCRIPTION OF A 0.260 ACRE (11,330 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, SAID 0.260 ACRE TRACT LIES WITHIN THE RIGHT-OF.WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY T. B. AND M. J. ASHER (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 822 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF A CALLED PARK LOT AS DEPICTED ON CHISHOLM VALLEY, SECTION 1, A SUBDIVISION OF RECORD IN CABINET B, SLIDE 301 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.260 ACRE (11,330 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated angle point in the southerly Right-ol-Way of the said U.P.R.R. (100 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being in the approximate northeasterly boundary line of Bellview Subdivision. a subdivision of record in Cabinet 8, Slides 52-53 of the Plat Records of Williamson County, Texas, also being in the apparent easterly Right -of -Way of Trey Street (50 foot right-of-way width by Plat) for the southeasterly corner of the herein described Tract, and from which a 1/2' iron rod found for the approximate northerly corner of Lot 1 said Bellview Subdivision at the Intersection of said Trey Street and Bellview Avenue (50 foot right-of- way width by Plat), bears S41•36'53" W at a distance of 51.63; 1) THENCE, with the saki approximate northeasterly boundary line of said Bellview Subdivision, sante being said southerly Right -of - Way line of U.P.R.R., along the southerly tine of the herein described tract, N 21'1316" W for a distance of 56.29 feet to a 5/8' iron rod with aluminum cap stamped 'CORR ROW' set for an angle point in said southerly Right -of -Way of the said U.P.R.R. (50.00 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being the northwesterly corner of said Bellview Subdivision, for the southwesterly corner of the herein described tract; THENCE, departing the southerly Right -of -Way line of said U.P.R.R., same being said Bellview Subdivision, through said U.P.R.R. Right -of - Way, with the westerly and northerly lines of the herein described tract, following three (3) courses: 2) N 41'26'37" E, for a distance of 209.78 feet to a 5/8' iron rod with aluminum cap stamped'CORR ROW" set for the northwesterly corner of the herein described tract (50.00 feel southerly of the centerline of said U.P.R.R. Main Rail Line); 3) S 48°33'23" E, for a distance of 29.60 feet to a 5(8' iron rod with aluminum cap stamped "CORR ROW' set for angle point, same being the northwesterly corner of said Chisholm Valley, Section 1. also being the northwesterly corner of said Park Lot conveyed to the City of Round Rock in Volume 604, Page 767 of the Deed Records of Williamson County, Texas; 4) N 88°25'04" E with the northerly line of said Chisholm Valley, Section 1 and said Park Lot, for a distance of 27.91 feet to a calculated point in the southerly Right -of -Way line of said U.P.R.R., for the northeasterly corner of the herein described Tract, and from which a 1/2' iron rod found for the approximate northeasterly corner of said Park lot in the northerly boundary line of said Chisholm Valley, Section 1 bears N88°25'04' E at a distance of 92.09 feet and N84'37'34" E at a distance of 126.05 feet; 5) THENCE, departing the said common northerly line, partially through the said Chisholm Valley, Section 1. same being said Park Lot, with the southerly Right -of -Way line of said U.P.R.R. and the easterly line of the herein described tract, 5 41°26'37" W passing at a distance of 250.42 Leel, the southerly line of said Chisholm Valley, Section 1, same being said Park Lot, and continuing for a total distance of 254.67 feet to the POINT OF BEGINNING, containing 0.260 acres (11,330 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is True and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WITN- S MY HAND AND SE ' L—a Round Rock. Williamson County. Texas. once M. Russo egistered Professional Land S - eyor No. 5050 Inland Geodelics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock. TX 78681 512-238-1200 g 4\ T),A r: fy9V2,4 72013 ifF,'FAit%F; PAGE 2 ? CITY OF ROUND ROCK 0.260 ACRES 11,330 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 ----ffp I i...,1 1 .7.: FKOF CS,O,M11 LAM) SIIRVE, (J. 1504 CHISHOLM TRAIL RD SIL ( ROUND ROCK. IX. 78b8I Di 01/1135.124), TAT (51/0,5.1251 2.043 AC. TRACT Page t of 3 McNEIL ROAD — EAST OF 11-1-35 Revised February, 27, 2014 EXHIBIT A-3 PROPERTY DESCRIPTION DESCRIPTION OF A 2.043 ACRE (88,978 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, SAID 2.043 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. (WASHINGTON) ANDERSON AND WIFE MARY A. ANDERSON (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 621 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.043 ACRE TRACT ALSO ENCOMPASSES MOST OF THE +1- 50 FOOT WIDE TRAVELED WAY OF McNEIL ROAD (VARIABLE WIDTH RIGHT-OF-WAY) FROM THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY No. 35 (VARIABLE WIDTH RIGHT-OF-WAY) TO THE APPROXIMATE INTERSECTION WITH WEST FLORENCE STREET, SAID 2.043 ACRE (88,978 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8' iron roti with aluminum cap stamped 'CORR ROW" set for the southwesterly corner of the herein described tract, and from which a broken Type 1 concrete Right -of -Way monument found for an angle point in saki easterly Right -of -Way of Interstate Highway No. 35 (200 feet right of baseline Station 13674-50) bears S28°45'31" E passing at a distance of 169.66, another broken Type 1 concrete Right -of -Way monument (approx baseline Station 1368+08), same being the southwesterly corner Bellview Drive (Right of Way width undetermined), also being an angle point in the northerly line of the called W. T. Sappington's Addition to the City of Round Rock, a subdivision of record in Cabinet A, Slide 838 of the Plat Records of Williamson County, Texas, and SO4°58'15" E at a distance of 64.30 feet, said Beginning point also being located 25 feet northerly of the centerline of the curving Georgetown Spur tine northerly of said U.P.R.R. Main Rail Line; THENCE, with the easterly Right -of -Way of said Interstate Highway No. 35, N 28°45'31" W, for distance of 62.43 feet to the intersection with the northerly Right -of -Way of said U.P.R.R. (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line) for the northwesterly corner of the herein described tract, said calculated point being approximately 10.6 feet southerly of the existing northerly back of curb of the existing asphalt traveled way of said McNeil Road THENCE, departing the easterly Right -of -Way of said Interstate Highway No. 35 with the southerly Right -of -Way of said U.P.R.R., generally with said existing asphalt traveled way of said McNeil Road, same being the northerly line of the herein described tract, the following two (2) courses: 1) N 41°26'37" E, for a distance of 1535.38 feet to the calculated point of curvature to the right (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line Station 8527+60); 2) along said curve to the right, having a delta angle of 06°35'35", a radius of 2964.93, passing at an arc length of 316.0 feet, the southerly back of curb of the existing asphalt traveled way of said McNeil Road, and continuing outside the paved traveled way for a total distance of 341.17 feet, and a chord which bears N 44°44'25" E for a distance of 340.98 feet to a 518" iron rod with aluminum cap stamped 'CORR ROW" set for the easterly corner of the herein described tract, said point being N 41°57'48" W at a distance radially of 100.00 feet from said centerline of U.P.R.R. Main Rail Line, and from which the calculated intersection of the northerly Right -of -Way of said U.P.R.R. (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line) and the westerly line of a called 3.00 acre easement (unrecorded) conveyed by said International & Great Northern Railroad (U.P.R.R.) to the State of Texas for the construction of State Highway #2 (Mays Street) overpass, bears along a continuation of said curve to the right, an arc distance of approximately 37.0 feet; THENCE, departing the northerly Right -of -Way line of said U.P.R.R., generally parallel with and 10 feel from the existing southerly back of curb of said McNeil Road, along the southerly line of the herein described tract, the Following six (6) courses: 3) along a curve to the right, having a delta angle of 20°06'53", a radius of 264.41 feet, an arc length of 92.83 feet. and a chord which bears S 29°46'41" W for a distance of 92.35 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a point of tangency; S 39°50'08" W, for a distance of 385.10 feet to a 518' iron rod with aluminum cap stamped 'CORR ROW" set for an angle point; 4) 2.043 AC. TRACT Page 2 of 3 MVICNEIL ROAD — EAST OF IH -35 Revised February, 27, 2014 5) S 41°24'30" W, for a distance of 383.54 feet to a 518" iron rod with aluminum cap stamped "CORR ROW" set for an angle point; 6) S 41°29'30" W, for a distance of 457.02 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an angle point: 7) S 41°21'47" W, for a distance of 266.86 feet to a 518" iron rod with aluminum cap stamped "CORR ROW" set for an angle point; 8) S 38°05'12" W, for a distance of 160.89 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an angle point; THENCE, S 41°26'37" W, for a distance of 153.52 feel to the POINT OF BEGINNING, containing 2.043 acres (88,978 square feet) of land, more or less All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WI ISS MY HAND AND SEAL at Round Rock, Williamson County, Texas. n 51.-Y1-6 (7-) _ OZ e.L/ zo 4 C. awrence M. Russo ate Registered Professional Land Surveyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591.00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 .01.41,.:,.,. ,., 1.AWFfkNC:- AUSSO ',i050 4f so vtjf V 8 8 u woad AT1V118 P1 0 ?1.ON A31 r5 a MATCHLINE A MATCHLINE B N N N }I• } o ph fes , Asc. r to /Nf lgh�E YAro v, anfyy p T a 0 -g7 r � pzi s P. 14 ri A PC 65271E - s 0- S' - F y ri'mih',g `A oi�is W4, --4 k ib MATCHLINE 8 MATCHLINE A DATE: 09/24/2013 REVISIONS: Revised from ong'nol 2.057 oc. tract. PAGE 3 OF 3 CITY OF ROUND ROCK 2.043 ACRES 883970 SQ, FT. WII,EY HARRIS SURVEY, ABSTRACT NO. 298 J 11,11 Argo -. FROFESSIO1LIL LAND SUAVEYOC 50 14 CH15MOlH. 1 , ROUND ROCK, TX. 78681 ▪ RL (5121239-120](6IX IS18 239.12SI 0.661 AC. TRACT Page 1 of 2 BELLVIEW DRIVE FROM IH -35 EAST TO NASH STREET EXHIBIT A-4 PROPERTY DESCRIPTION DESCRIPTION OF A 0.661 ACRE (28,791 SQUARE FOOT), TRACT OF LAND SITUATED iN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, SAID 0.681 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. (WASHINGTON) ANDERSON AND WIFE MARY A. ANDERSON (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 621 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.661 ACRE TRACT ALSO ENCOMPASSES ALL OF THE +1. 20 FOOT WIDE TRAVELED WAY OF SAiD BELLVIEW DRIVE (RIGHT-OF-WAY WIDTH UNDETERMINED) FROM THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HiGHWAY No. 35 (VARIABLE WIDTH RIGHT-OF-WAY) TO NASH STREET (RIGHT-OF-WAY WIDTH UNDETERMINED) NORTHERLY OF W. T. SAPPINGTON'S ADDITION TO THE CITY OF ROUND ROCK, A SUBDIVISION OF RECORD IN CABINET A, SLIDE 83B, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, THE CALLED WASHINGTON ANDERSON ADDITION, AN UNRECORDED SUBDIVISION AND THE CALLED MONROE MERCER SUBDIVISION, AN UNRECORDED SUBDIVISION (SEE VOLUME 347, PAGE 105, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS), SAID 0.661 ACRE (28,791 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated intersection of the southerly Right -of -Way of said U.P.R.R. (100 feet southerly of the centerline of said U,P,R.R. Main Rail Line) and the easterly Right -of -Way of said Interstate Highway No.35 for the southeasterly corner of the herein described tract, and from which a broken Type 1 concrete Right -of -Way monument for an angle point In the said easterly Right -of -Way of said Interstate Highway No.35 (200 feet right of baseline Station 1367+50) bears S28'45'31" E at a distance of 19.53, a broken Type 1 concrete Right -of -Way monument (approx baseline Station 1368+08) and SO4°58'15" E at a distance of 64.30 feet; 1) THENCE, departing the southerly Right -of -Way 0f saki U.P.R.R. with the easterly Right -of -Way of said Interstate Highway No.35, same being the southerly line of the herein described tract, N 28°45'31" W for a distance of 31.88 feet to a 518" iron rod with aluminum cap stamped 'CORR ROW" set for the southwesterly corner of the herein described tract (70 feel southerly of the centerline of said U.P.R.R. Main Rail Line); THENCE, departing the easterly Right -of -Way of said Interstate Highway No.35, through the Right -of -Way of said U.P.R.R., with the westerly and northerly lines of the herein described tract, the following two (2) courses: 2) N 41°26'37" E, for a distance of 954.44 feet to a 518' iron rod with aluminum cap stamped "CORR ROW" set for the northwesterly corner of the herein described tract (70 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being the approximate intersection of the northerly line of said Bellview Drive and the easterly line of said Nash Street; 3) S 48°19'09" E for a distance of 30.00 feet to a calculated point in the southerly Right -of -Way line of said U.P.R,R., for the northeasterly corner of the herein described tract; 4) THENCE, crossing the northerly end of said Nash Street, with the southerly Right -of -Way line of said U.P.R.R„ S 41°26'37" W for a distance of 965.11 feet to the POINT OF BEGINNING, containing 0.661 acres (28,791 square feet) of land, more or less. All bearings cited herein are based on the Texas Slate Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify That the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WIT ESS MY HAND AND SAt--e Round Rock, Williamson County, Texas. La irence M. Russo ". Registered Professional Land Surveyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 r• D MA ICI -WINE A 'IS 'PIN &it Iv.” 41(3 crst ?,• ttt J• t•C ,trc)r, co i'TCEILINEE • t) I, 1 E. Or!: cvi CITY OF ROUND ROCK ().(6l ACRES 28,791 SQ. FT. WILEY HARRIS SURVEY, ABSTRACT NO. 298 J 1 itt! t N I t • I (t. RO CSSIOW•L loll ID SURVEYORS 1505 C-115E10W TRAIL RO. STE. 103 ROUND ROCK. TX. 780131 SII.E5111/3? 120).fkk15111139-1251 r 0.169 AC. Page 1 of 2 U.P.R.R. Remainder Tract EXHIBIT A-5 PROPERTY DESCRIPTION DESCRIPTION OF A 0.169 ACRE (7,362 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.169 ACRE (7,362 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated northeasterly corner of a called 0.236 acre tract out of said remainder of 57.36 acres intended to be conveyed to the City of Round Rock, Texas, same being in the southerly right-of-way line of Bagdad Avenue (80' right- of-way width), also being in the northerly boundary line of said remainder of 57.36 acre tract, said point is also the southerly projection of the westerly right-of-way line of Burnett Street (80' right-of-way width), for the northwesterly corner of the herein described tract; 1) THENCE, with the southerly right-of-way line of said Bagdad Avenue, same being the northerly boundary line of said remainder of 57.36 acre tract, N 70°42'59" E for a distance of 80.00 feet to the calculated northeasterly corner of the herein described tract in the southerly projection of the easterly right-of-way line of said Burnett Street; 2) THENCE, departing the southerly right-of-way line of said Bagdad Avenue, through said remainder of 57.36 acre tract, S19°25'28" E for a distance of 92.36 feet to the calculated southeasterly corner of the herein described tract, same being radially 25 feet northerly from the centerline of the U.P.R.R. siding track, said siding track being concentric with and northerly of the U.P.R.R. main line track; 3) THENCE, along a curve to the left, parallel with and 25 feet northerly from said siding track, having a delta angle of 01°29'49", a radius of 3062.12 feet, an arc length of 80.00 feet, and a chord which bears S 70°56'38" W for a distance of 80.00 feet to the calculated southwesterly corner of the herein described tract, same being the southeasterly corner of said 0.236 acre tract; 4) THENCE, with the easterly boundary line of said 0.236 acre tract, N 19°25'28" W for a distance of 92.04 feet to the POINT OF BEGINNING, containing 0.169 acres (7,362 square feet) of land, more or less; All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, du hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WI ESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. 1 . . • ,vrence M. Russo egistered Professional Land Su 'eyor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 ,sate Pz]61'nZ tnNOn-"n`,z Orn t'l� o�p2rSn� O ° 0 'ri O 1 q i.a b n O 3 r1113 Ser ��n � May yrrl ',1 0o r-- 0) •_-1( p�2Z �A z o k -I yn 2�yZ A")� ")o o: ---4a Jaz C‘, i�Z=, zao �.0 C0<M n � q a�� o,?z qhy (-I 0. Viz" n0 y 0 0-I-. v 0 0 0 C."' O T Cr O . r�! G2 m' 1�Jp.0� G • Boio s (51 "7'24'40"E 94.87') { A CT') S ) XO 0� N19'25'2814, ` 92.04' 0140,59 •a d h'OUV001 51975'28.E tri b �O k ) O (1) t f ti C-) ("")P hs ,� tri '" o)\... O O Pea 1N/Od C31Y717071/0 op, 92.36' 3nN3AV avoov8 Nowwoo AVM-30-1HOIN bbd BURNETT STREET (80' RIGHT--OF—WAY) n w n 2 O 0 N to N 0i O N P N O 1,3 ca CO m 1 a 0 0 00 N N W O7 ;(1 0 C 0) 01 O co 01 0 O O 1) w rop ID 0 co m O 0 0 C) 0 0 0) 0) 0) N N m U) 0) t0 0 t0 (n to J 0 u1 0) W m D Z7 Z t7 AVM -40-11-0l SNLLSIX3 k "1 EXHIBIT C RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Space Above Lite for Recorder's Use Only NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HAYS 2349-60 That UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (formerly known as Southern Pacific Transportation Company, a Delaware corporation, successor in interest through merger with Union Pacific Railroad Company, a Utah corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Delaware corporation), Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid to the undersigned by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, HAS GRANTED, SOLD, AND CONVEYED, and by these presents DOES HEREBY GRANT, SELL, AND CONVEY unto the CITY OF ROUND ROCK, TEXAS a Texas home rule municipal corporation ("Grantee"), addressed at 221 East Main Street, Round Rock, Texas 78664, Grantee, all of that certain real estate (the "Property") lying and being situated in the City of Round Rock, Williamson County, State of Texas, more particularly described in Exhibit A attached hereto and hereby made a part hereof for all purposes,. EXCEPTING from this conveyance and RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual rights to explore for, remove and dispose of said minerals by any means or methods suitable to the Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such 00295355.DOC manner as not to damage the surface of the Property, or to interfere with the use thereof by the Grantee, its successors and assigns. This deed is made SUBJECT TO the following: (a) All taxes and all assessments, or, if payable in installments, all installments of assessments, levied upon or assessed against the Property which became or may become due and payable in the year 2014 shall be prorated as of the date of delivery of this deed by Grantor to Grantee, said date being the day of , 2014; and Grantee assumes and agrees to pay, or to reimburse Grantor for, if paid by it, all such taxes and assessments and installments of assessments applicable to the period subsequent to the date of delivery of this deed and assumes all taxes and all assessments and all installments of assessments which may become due and payable after said year; and (b) All liens, encumbrances, clouds upon, impairments of and defects in the title created or permitted to be created by Grantee on and after the date of delivery of this deed by Grantor to Grantee, and any and all restrictions and limitations imposed by public authority, and any easements, restrictions and/or outstanding rights of record, and exceptions, reservations and conditions contained in prior deeds or open and obvious on the ground, including, without limitation, the following: (i) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. (c) Licenses and other rights to use the Property ("Use Rights"), regardless of whether visible, open and obvious, recorded or unrecorded or for public streets, rights of way or utilities. (d) FURTHER EXCEPTING from the conveyance and RESERVING an exclusive PERPETUAL EASEMENT ten feet (10') in width measured from the centerline of the MCI fiber optic line identified on Exhibit A, in, on, over, under and across the Property ("Fiber Optics Easement Property"). Within the Fiber Optics Easement Property only, Grantor (and its easement holders, lessees, sublessees, licensees, successors or assigns) shall have the right to own, construct, reconstruct, maintain, operate, use and/or remove existing and/or future communication systems, lines and facilities ofevery kind and nature, including, but not limited to, all existing facilities, telephone, telegraph, television and fiber optic lines and related equipment (the "Fiber Optics Improvements"). Grantor does further reserve unto itself, its successors and assigns, a limited right-of-way and right of access to the Fiber Optics Easement Property over and across the Property, for the purposes of the use, enjoyment, maintenance, operation and access to the Fiber Optics Easement Property. All Fiber Optics Improvements presently existing on or hereafter constructed on the Fiber Optics Easement Property shall remain the personal property of Grantor. Grantor shall be entitled to all revenues derived from alt current and future agreements to which Grantor is a party 2 affecting the Fiber Optics Easement Property. No permanent building, structure or fence and no material or obstruction of any kind or character shall be stored or maintained on the Fiber Optics Easement Property which would obstruct or interfere with the use and enjoyment of rights herein reserved without the prior written consent of Grantor. The Property is conveyed by Grantor subject to the following covenants, conditions and restrictions, which Grantee by the acceptance of this Special Warranty Deed covenants for itself, its successors and assigns, faithfully to keep, observe and perforin: (1) Fence Covenant. Grantee, at its sole cost and expense, shall install, and thereafter maintain fencing or other barriers (the "Fencing") to prevent access to or encroachment on the railroad right-of-way of Grantor adjacent to the boundary of the Property. The Fencing must be of a design and type satisfactory to Grantor, and in compliance with applicable building codes. Within sixty (60) days after the date of delivery of this Special Warranty Deed, Grantee shall submit the plans for the Fencing construction to: Union Pacific Railroad Company Assistant Vice President -Real Estate (Folder No. 2748-74) 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. Grantor shall complete such review and make appropriate response to Grantee within twenty (20) days after receipt of such plans by Grantor. Grantor shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the Fencing as constructed will be structurally sound. Grantee shall install the Fencing no later than one hundred -twenty (120) days after receiving Grantor's written approval of the plans. The Fencing shall be at least six (6) feet high and sufficient to reasonably prevent trespass. During the installation of the Fencing or any other construction, demolition or modification near the Property, Grantee and its contractors shall not enter Grantor's right of way nor commence installation, digging or otherwise interfere in any way with the subsurface that might interfere with any public utilities, buried fiber optic cable and/or Grantor's signal wires without first obtaining express written consent from Grantor and coordinating such activities with Grantor. For purposes of this subparagraph, written consent may be obtained by e-mail confirming a request to commence installation, construction, demolition or modification. The foregoing covenant, condition and restriction will run with the Property. A breach of the foregoing covenant, condition and restriction, or the continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. 3 (2) Railroad Proximity Covenant. (a) Grantee acknowledges that the property abutting the boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty-four (24) hours a day, and that the amount, nature and intensity of rai road operations may increase or change (collectively, the "Permitted Effects"). Grantee accepts the Property subject to the existence of the Permitted Effects. (b) If Grantee sells or leases all or any portion of the Property, Grantee shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of Grantor, to comply with the above covenants. (3) Restriction on Use. The ground floor of any structure on the Property must not be used for (i) residential, (ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or child-care facilities (including, without limitation, schools, kindergartens or • day-care centers). Notwithstanding the above, the Property may be used for institutions of higher learning except that any dormitories that may be constructed for such institution must abide by the ground floor restriction set out above. (4) Covenants To Run With Land. The foregoing covenants, conditions and restrictions shall run with the Property, the burdens of which will be binding on the successors and assigns of Grantee, and the benefits of which will inure to the successors and assigns of Grantor. A breach of the foregoing covenants, conditions and restrictions, or the continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Property unto Grantee and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under it, but not otherwise, subject, however, as aforesaid. 4 Executed this day of , 2014. UNION PACIFIC RAILROAD COMPANY, Attest: a Delaware corporation Assistant Secretary (Seal) By: Title: 5 Grantee hereby accepts this Special Warranty Deed and agrees for itself, its successors and assigns, to be bound by the covenants set forth herein. Dated this day of , 2014. ATTEST: Sara White, City Clerk CITY OF ROUND ROCK, a home rule municipal corporation of the State of Texas By: Alan McGraw, Mayor 6 STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On , 2014, before me, a Notary Public in and for said County and State, personally appeared and and Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved to ane on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. (SEAL) STATE OF TEXAS ) ss. COUNTY OF WILLIAMSON Notary Public This instrument was acknowledged before me on the day of , 2014 by Alan McGraw, the Mayor of the City of Round Rock, Texas, a home rule municipal corporation, on behalf of said corporation. (Seal) Notary Public, State of Texas 7 0.236 AC. Page 1 of 3 U.P.R.R. Remainder Tract EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.236 ACRE (10,266 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.236 ACRE (10,266 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at the calculated northwesterly corner of a called 2.1355 acre tract of land conveyed to the City of Round Rock, Texas in Document No. 2013081105 (Tract I) of the Official Public Records of Williamson County, Texas, same being an angle point for the cutback between the southerly right-of-way of Bagdad Avenue (80' right-of-way width) and the easterly right-of-way of Mays Street (right-of-way width varies), and from which a 1/2" iron rod found bears S 21'28'07" E at a distance of 2.71 feet; THENCE, with the southerly right-of-way line of said Bagdad Avenue, along the northerly boundary line of said Tract I, and the northerly boundary line of that called 0.8791 acre tract of land (Tract II) conveyed to said City of Round Rock, Texas in the above said Document, N 70°42'59" E, for a distance of 785.17 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the northwesterly corner and POINT OF BEGINNING of the herein described tract, sante being the northeasterly corner of said Tract II; 1) THENCE, continuing with the southerly right-of-way line of said Bagdad Avenue, same being the northerly boundary line of said remainder of 57.36 acre tract owned by said U.P.R.R., N 70°42'59" E for a distance of 110.15 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the northeasterly corner of the herein described tract; 2) THENCE, departing the southerly right-of-way line of said Bagdad Avenue, through said remainder of 57.36 acre tract, S19°25'28" E for a distance of 92.04 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the southeasterly corner of the herein described tract, same being radially 25 feet northerly from the centerline of the U.P.R.R. siding track, said siding track being concentric with and northerly of the U.P.R.R. main line track, and from which the calculated northwesterly corner of Lake Creek Subdivision, a subdivision of record in Cabinet B, Slides 283-284 of the Plat Records of Williamson County, Texas bears S 19°25'28" E at a distance of 92.96 feet, also from which a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found for an ell corner in the southerly boundary line of said remainder of 57.36 acre tract in the westerly boundary line of said Lake Creek Subdivision, also being an ell corner in the northerly boundary line of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, a subdivision of record in Cabinet X, Slides 358-360 of the Plat Records of Williamson County, Texas, bears S19'25'28" E at a distance of 291.83 feet; 0.236 AC. U.P.R.R. Remainder Tract Page 2 of 3 3) THENCE, along a curve to the left, parallel with and 25 feet northerly from said siding track, having a delta angle of 02°03'42", a radius of 3062.12 feet, an arc length of 110.18 feel, and a chord which bears S 69°09'52" W for a distance of 110.18 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the southwesterly corner of the herein described tract, same being the southeasterly corner of said 0.8791 acre tract, and from which a 1/2" iron rod found for the southwesterly corner of saki 2.1355 acre tract, same being in the easterly right-of-way of Mays Street bears S 58°47'30" W at a distance of 878.38 feet; 4) THENCE, with the easterly boundary line of said 0.8791 acre tract, N 19°25'50" W for a distance of 95.02 feet to the POINT OF BEGINNING, containing 0.236 acres (10,266 square feet) of land, more or less; All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WITNESS MY HAND AND SEAL .at Round Rock, Williamson County, Texas. L wrence M. Russo Li Professional Land Surveyor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 1i aIP4pA1 g �� CS , HENCE fri. I�US,St71 "0 5050 01'6 sup MAY5 STT (E 4Y t"•-• .9,,' ; fl g• ;L! - 2 (,3 •;, , ,•L- '.: ,A ,t • .., ' 4 \ A. .., , \ •:-.'. -, • '. ? C: , — ; t ,..,,,, ,. li,' , - - :.„...- ,..,- - . \ 't .:1 I 1...",,,,1 -;,.., .,:-.:.,V '1.. : . ,• il . r , . -1-- - .•.,, , \ ;.., i 1 I \I In 519-25'76T 29(9.1 .3'1- • :479 '2.5r.t.'0'w 95.02' :8F:0 f"1 -•r— 5) 20T 1 ' ,t -•• • 92,04' :1 ' BURNCTI SM(T 4,.5• 0 SHEPPARD STREET (tY -*kV) [1AT[: (,tt t , 0 1 • 131 fC01212 —PR.) -_;/UPRR--Pl.ke.t.t1 PAGE 3 or 3 CITY OF ROUND ROCK 0.236 ACRES ( I 0,866 Sq. Ft.) REMAINDER PORTION 5 7. 36 ACRES VOL. 22, PAGE 44 I D. R. W. C.7'. WILEY HARRIS SURVEY, ABSTRACT NO. 298 1 i.41 1 !IL PROFF551014,01 1,040 SLIIIVLY011 1$04 C108110E14 1RAIL Rll. STE ROUND ROCK, TX. 786B1 01/1(33-I2(.).fi0t512)231.12S, EXHIBIT D RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 (Space Above Reserved for County Recorder's Use) 2748-74 REVOCABLE EASEMENT DEED THIS Easement Deed is made this day of , 2014, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (formerly known as Southern Pacific Transportation Company, a Delaware corporation, successor in interest through merger with Union Pacific Railroad Company, a Utah corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Delaware corporation) ("Grantor"), and CITY OF ROUND ROCK, TEXAS a Texas home rule municipal corporation ("Grantee"), whose address is 221 East Main Street, Round Rock, Texas 78664. Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, to it paid by Grantee, the receipt whereof is hereby confessed and acknowledged, grants to Grantee, its successors and assigns, a NONEXCLUSIVE, REVOCABLE EASEMENT (the "Easement"), for the sole purpose of using, maintaining, repairing, renewing and reconstructing a roadway known as Park Lane (the "Roadway") on, along and across certain property in the City of Round Rock, Williamson County, State of Texas, described in Exhibit A, attached and by reference made a part of this Easement Deed (the "Easement Area"). The Easement is granted for the purpose described above only. Without limitation of the foregoing, this grant does not include the right to install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or liquid distribution, or telephone lines. Grantor, its successors and assigns, reserves the right to construct at any and all times and to maintain railroad tracks and appurtenances, fiber optic or signal lines and facilities, pipe, telephone, and electric pole and wire lines, over, under and across the Easement Area, but in such a way as to not interfere with Grantee's use of the Easement; it being understood that the rights so reserved by Grantor, its successors and assigns, are retained along with the general right of Grantor, its successors and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's use of the Easement, including, but not limited to any and all general railroad purposes. The Easement is granted subject to all outstanding leases, licenses and other outstanding rights, including, without limitation, those for pipe, telephone, electric and fiber optic lines and the right of renewals and extensions of the same, and subject also to all conditions, 00294377.DOC limitations, restrictions, encumbrances, reservations or interests of any person that may affect the Easement Area, whether recorded or unrecorded. The Easement is also limited to such rights as Grantor may have in the Easement Area and is granted without warranty, express or implied. No damages shall be recoverable from Grantor because of any dispossession of Grantee or because of failure of, or defect in, Grantor's title. Without limitation of the foregoing, the Easement granted herein is subject to the needs and requirements of Grantor, its successors and assigns, in the improvement and use of Grantor's property in connection with the construction of additional, including the construction, modification or any other alteration to track -related structures and equipment, including but not limited to structures and equipment such as signals, switches and drainage structures on the south side of the existing tracks. Prior to the exercise of Grantor's right to terminate this Easement, the following process shall be followed: (a) Grantor shall notify Grantee as soon as reasonable practicable that it is considering a project that may require the closure of the Roadway; (b) Grantor shall promptly thereafter consult with Grantee for a period not to exceed (60) days to explore all commercially and operationally reasonable design alternatives to avoid or minimize the Roadway's closure; and (c) if Grantor reasonably determines after such consultation that the Roadway must be closed to accommodate Grantor's additional rail track, then Grantee shall have up to two (2) years after Grantor gives Grantee notice of such determination to cease using for highway purposes the portion thereof so required to be closed. All the provisions of this Easement Deed shall, so far as the Roadway remains on the Easement Area, apply to the Roadway as relocated. Grantee shall construct, maintain and repair the Roadway in good condition and repair so that no damage will result from its use to the adjacent land of Grantor, its successors and assigns. Grantee shall also construct, maintain and repair the Roadway in such manner not to cause any interference with Grantor's tracks and appurtenances or rail operations, or the facilities or access rights of utility companies or other occupants of the Easement Area. TO THE EXTENT IT MAY LAWFULLY DO SO, GRANTEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS GRANTOR AND ITS AFFILIATES, ITS AND THEIR OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS (THE "INDEMNITEES"), AGAINST AND FROM ANY AND ALL LIABILITY (INCLUDING, WITHOUT LIMITATION, STRICT, CONSEQUENTIAL OR PUNITIVE DAMAGES), CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES OF WHATSOEVER NATURE INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MAY RESULT FROM PERSONAL INJURY TO OR DEATH OF PERSONS WHOMSOEVER, OR DAMAGE TO OR LOSS OR DESTRUCTION OF PROPERTY WHATSOEVER, WHEN SUCH PERSONAL INJURY, DEATH, LOSS, DESTRUCTION OR DAMAGE, HOWSOEVER CAUSED, GROWS OUT OF OR ARISES FROM THE EXERCISE BY GRANTEE OF ANY OF THE EASEMENT RIGHTS HEREIN GRANTED, EXCEPT TO THE EXTENT CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF THE INDEMNITEES. THE TERM "AFFILIATE" (OR "AFFILIATES" AS THE CASE MAY BE) AS USED IN THIS EASEMENT DEED MEANS ANY CORPORATION WHICH 2 DIRECTLY OR INDIRECTLY CONTROLS, OR IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH GRANTOR. If Grantee, its successors or assigns, abandons the Easement Area or any portion of the Easement Area, for the purposes of the Easement, the Easement will cease and terminate with respect to the portion of the Easement Area so abandoned, and the title to the Easement Area will be freed from the burden of the Easement. Nonuse of the Easement Area or any portion thereof, for the purposes of the Easement for the period of one (1) year will be deemed an abandonment of the Easement Area or portion thereof not used. Grantor and Grantee have caused this Revocable Easement Deed to be executed as of the date first herein written. Attest: UNION PACIFIC RAILROAD COMPANY, a Delaware corporation Assistant Secretary (Seal) (Seal) By: Title: CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation By: Alan McGraw, Mayor 3 STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On , 2014, before me, , Notary Public in and for said County and State, personally appeared and , who are the and the Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. (Seal) STATE OF TEXAS COUNTY OF WILLIAMSON ) ss. Notary Public On , 2014, before me, , Notary Public in and for said County and State, personally appeared , who is the of CITY OF ROUND ROCK, TEXAS, and who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) 00294377.DOC Notary Public 1.129 Acre Tract Page 1 of 3 City of Round Rock Roadway Easement February 06, 2014 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 1.129 ACRE (49,194 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.129 ACRE (49,194 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated point in the existing southerly Right -Of -Way of said U.P.R.R., same being the southerly boundary line of said remainder of 57.36 acre tract, for the southwesterly corner of the herein described tract, and from which a 112" iron rod with plastic cap stamped "Baker-Aicklen" found for an ell corner in the southerly boundary line of said remainder of 57.36 acre tract, same being in the westerly boundary line of original Lake Creek Subdivision, a subdivision of record in Cabinet 8, Slides 283-284 of the Plat Records of Williamson County, Texas, also being an ell corner in the northerly boundary line of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, a subdivision of record in Cabinet X, Slides 358-360 of the Plat Records of Williamson County, Texas, bears along the curving (to the left) southerly Right -Of -Way of said U.P.R.R., having a delta angle of 01°37'43", a radius of 2814.93 feet, an arc length of 80.01 feet, and a chord which bears S 69°49'56" W for a distance of 80.01 feet to the calculated northwesterly corner of said Lake Creek Subdivision, same being an ell corner in said southerly boundary line of said remainder of 57.36 acre tract, and S 19'25'28" E with the westerty boundary line of said Lake Creek Subdivision, same being in said northerly boundary line of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, also being in said southerly boundary line of remainder of 57.36 acre tract, for a distance of 198.87 feet; THENCE, departing the southerly right-of-way line of said U.P.R.R. through said remainder of 57.36 acre tract, with the westerly, northerly and easterly lines of the herein described tract, the following eight (8) courses and distances: 1) N 19°25'28" W for a distance of 26.00 feet to the calculated northwesterly corner of the herein described tract; 2) N 70°41'06" E, for a distance of 2.12 feet to a calculated point 24.00 feet perpendicular and southerly from the approximate Point of Curvature (Station 8513+10) in the U.P.R.R. main line track; 3) continuing N 70°41'06" E, 24.00 feet southerly of and parallel with said U.P.R.R. main line track, for a distance of 550.88 feet to a calculated angle point; 4) N 76°21'15" E for a distance of 60.74 feet to a calculated angle point 30.00 feet southerly of said U.P.R.R. main line track (20.00 feet northerly of said U.P.R.R. southerly right-of-way line); 5) N 70°41'06" E, 30.00 feet southerly of and parallel with said U.P.R.R. main line track, for a distance of 929.12 feet to a calculated angle point; 6) N 63°26'22" E for a distance of 47.57 feet to a calculated angle point 24.00 feet southerly of said U.P.R.R. main line track (26.00 feet northerly of saki U.P.R.R. southerly right-of-way line)); 7) N 70°41'06" E, 24,00 feet southerly of and parallel with said U.P.R.R. main line track, for a distance of 529.19 feet to the calculated northeasterly corner of the herein described tract; 1.129 Acre Tract Page 2 of 3 City of Round Rock Roadway Easement February 06, 2014 8) S 19°18'54" E for a distance of 26.00 feet to the calculated southeasterly corner of the herein described tract in the said U.P.R.R. southerly right-of-way line, same being in the southerly boundary line of said remainder of 57.36 acre tract; THENCE, with said U.P.R.R. southerly right-of-way line, same being the southerly boundary line of said remainder of 57.36 acre tract, the following two (2) courses and distances: 9) S 70°41'06" W for a distance of 2116.83 feet to a calculated point 50 feet perpendicular and southerly from said approximate Point of Curvature in the U.P.R.R. main line track, for the beginning of a curve to the left; 10) along said curve to the left, having a delta angle of 00°02'31", a radius of 2814.93 feet, an arc length of 2.07 feet, and a chord which bears S 70°40'13" W for a distance of 2.07 feet to the POINT OF BEGINNING, containing 1.129 acres (49,194 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WI NESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Lawrence M. Russo \ grate Registered Professional Land Su eyor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 1,AATCHLINE B DAIL : 01/31 /2014 MATCHLINE '''' 4?'''• \ q-;‘ I p r, MATCHLINE 13 I '''.'j.P, 4 I ,, ..; ,,, ,,z. r , . .„, .Tt;:' ,• ;:•=.?,1.4-. ,!, ,r,1:,.. j; ,,, • ..-z- t:, I •- ....i5: I I t t j::1'i. \ S1925-287- 1 Ii19'13.28.8, I •1 — 92 96- •-• - ' ,c j3N-' p M.90 .7.0-5 ; - C,.,...1-1ii-§,,- ' - /1 -1- . ,i(2, I - -'.- ['3 r ;-$ •••., MATCHLINE (C3 tTp.N.11 vise Si 11 /,/,W2C,14 - PRO. P-0/.IJ PA(.:E .3 Of CITY OF ROUND 1?OCK EASEMENT TRACT 1.129 ACRES -19,194 SQ. FT. WILEY IMRRIS SURVEY, ABSTRACT NO. 298 11.1 i ¶-J 1,11 11)1 f-A0fILSSIONAL LAND SUTIVEVOIr 1 SO4 ClitSHOIM TRAR. RD. STE ( AMMO ROt_X, TX. 78631 111 4512)216-1261,FAX (1I2)138.1251 jj EXECUTED ORIGINAL DOCUMENT FOLLOW CAUSE NO. 12-0774C368 CITY OF ROUND ROCK, TEXAS, Plaintiff, v. § § § § UNION PACIFIC RAILROAD COMPANY, § § Defendant. § IN THE DISTRICT COURT WILLIAMSON COUNTY TEXAS 368`x` JUDICIAL DISTRICT SETTLEMENT AGREEMENT AND MUTUAL RELEASE WHEREAS, in January 2012, a dispute arose between the City of Round Rock and Union Pacific Railroad Company regarding the ownership and/or use of certain portions of McNeil Road and Bellview Avenue (the "Roads"); WHEREAS, Union Pacific Railroad Company asserted that certain portions of the Roads were within its right of way and that the City of Round Rock would have to enter into a lease with Union Pacific Railroad Company in order to continue to use the disputed portion of the Roads; WHEREAS, the City of Round Rock asserted that it was the owner of or the holder of an easement in the disputed portion of the Roads that permitted it and the public to continue to use the Roads without any obligation to Union Pacific Railroad Company; WHEREAS, in the above -styled lawsuit (the "Lawsuit"), the City of Round Rock alleged various causes of action seeking title to the disputed portion of the Roads or an easement to continue to use such property as part of a public roadway without any obligation to Union Pacific Railroad Company; 00295218.D0C WHEREAS Union Pacific Railroad Company filed a counter -claim for unpaid rent relating to the use of the portion of the Roads and for inverse condemnation arising out of the City of Round Rock's use of the disputed portion of the Roads; WHEREAS, both parties completely deny and dispute the other party's allegations, claims and causes of action and have vigorously defended against same; WHEREAS, the City of Round Rock and Union Pacific Railroad Company (collectively referred to herein as the "Parties") to avoid the uncertainty of litigation and the possibility of a completely adverse result at trial, seek and intend hereby to settle the Lawsuit, including all related and potential claims between and amongst themselves, and further seek to and intend to conclude all litigation between the Parties. PRESENTS KNOW ALL MEN BY THESE PRESENTS: 1. In this Settlement Agreement and Mutual Release, the following terms shall mean as follows: A. "Round Rock" means and includes the City of Round Rock, and its past, present, and future actual, apparent, and/or ostensible agents and/or indemnitees, boards, City Council, servants, employees, contractors, administrators, attorneys, (including, but not limited to, the law firms of Sheets & Crossfield, P.C. and Bourland Law Firm, P.C., including all attorneys employed by said firms), representatives, associations, affiliates, divisions, departments, professional associations, predecessors, successors, heirs, beneficiaries, trusts, trustees, regents, executives, and/or assigns. B. "Union Pacific" means and includes Union Pacific Railroad Company, and its past, present, and future other companies, its past, present, and future actual, apparent, and/or 2 ostensible agents and/or indemnitees, servants, employees, contractors, administrators, attorneys (including, but not limited to, the law firm of Kane Russell Coleman & Logan PC including all attorneys employed by such firm), representatives, associations, parents, subsidiaries, affiliates, divisions, departments, professional associations, predecessors, successors, corporations, officers, directors, shareholders, partners, members, heirs, beneficiaries, trusts, trustees, regents, executives, and/or assigns. C. "Claims and Causes of Action" means any and all actions, claims, counter -claims, third -party claims, cross claims, demands, damages and costs, rights or causes of action arising out of or relating to the ownership and/or use of the disputed portion of the Roads which were brought or which could have been brought by either Party in the Lawsuit. D. "Release" means this Settlement Agreement and Mutual Release. 2. Bona Fide disputes and controversies exist between the Parties, both as to the fact and extent of liability, if any, and as to the fact and extent of damages, if any. By reason of such disputes and controversies, the Parties to this Release desire to settle all Claims and Causes of Action of any kind whatsoever that either Party has or could have asserted against the other Party. The Parties have denied and continue to deny any liability whatsoever for the damages claimed or which could have been claimed by the other Party. 3. All representations and warranties contained in this Release shall survive the execution of this Release and the closing of the settlement as set forth below in paragraph 10. 4. Each person executing this Release warrants and represents that he or she is legally competent; of sound mind; has read this Release; has conferred with his or her chosen counsel; understands the contents of this Release; has executed this Release of his or her own 3 free will; has the power and authority to enter into this Release and to execute it in the capacity stated herein. 5. The Parties each warrant and represent that they are the sole owners and holders of the Claims and Causes of Action asserted or which may have been asserted and that no part of their Claims and Causes of Action asserted or which may have been asserted have been sold, encumbered, pledged, assigned, or transferred to any other person or entity. The Parties each further warrant and represent that there are no known existing, pending, or potential claims arising out of the ownership and/or use of the disputed portion of the Roads that are not herein fully compromised, settled and released and that the signatories have the authority to execute this document on their behalf. 6. In reliance on the representations, warranties, and covenants in this Release, all of which it is agreed shall survive the execution of this Release and the completion of the settlement transaction as set forth below in paragraph l0, the Parties have settled and compromised their Claims and Causes of Action. 7. The Parties understand and agree that this settlement is a full, final, and complete compromise, settlement, and release of all Claims and Causes of Action that the Parties possess now, have or may ever have against the other Party arising out of or in any way related to the Lawsuit or to the ownership or use of the disputed portion of the Roads. The Parties understand and agree that this Release prohibits either Party from ever seeking any additional funds or relief from the other Party in any capacity in any way related to claims that were asserted or could have been asserted in the Lawsuit. 8. For the consideration recited in this Settlement Agreement, including, but not limited to, the mutual releases and consideration described herein, the Parties agree that they do 4 release and will not bring, commence, institute, or maintain, any action at law, proceeding in equity, or claim against the other Party for damages or relief whatsoever which relates directly or indirectly to, or arises from or is based in whole or in part upon, the ownership or use of the disputed portion of the Roads or the Lawsuit. 9. Within two (2) business days following the closing of the settlement transaction described in paragraph 10 and the exchange of executed signature pages to this Release, Union Pacific will file the Joint Agreed Notice of Non -Suit with Prejudice attached hereto as Exhibit A. 10. As consideration herein, the Parties have agreed to the following: a. At a reasonable time prior to the closing of this transaction, Union Pacific shall prepare and deliver to Round Rock, subject to the approval of the Round Rock City Council, the following instruments: i. Deed Without Warranty attached hereto as Exhibit B; ii. Special Warranty Deed attached hereto as Exhibit C; and iii. Revocable Easement Deed to Round Rock attached hereto as Exhibit D. b. At the closing, Round Rock shall pay $1,600,000 to Union Pacific. i. Union Pacific shall contribute $100,000 at closing towards the Baylor bus crash memorial (to be identified as the "immortal 10") as a line item deduction from the $1,600,000 consideration in this item b. c. At the closing, each Party shall deliver to the other Party an executed copy of the Joint Agreed Notice of Non -Suit with Prejudice attached hereto as Exhibit A. d. Round Rock shall expedite plan review and approvals for the new Union Pacific maintenance site. e. Round Rock shall construct and maintain a fence/effective barricade within its right of way designated for Bagdad Road between Burnet Street and North Georgetown Street, connecting with the existing fencing at that intersection. i. Specifically, Round Rock, at its sole cost and expense, shall install, and thereafter maintain fencing or other barriers (the "Fencing") along the southern boundary of its Bagdad Road right-of-way to prevent access to or encroachment on the railroad right-of-way adjacent to the southern boundary of Round Rock's Bagdad Road right-of-way. The Fencing must be of a design and type satisfactory to Union Pacific, and in compliance with applicable building codes. 5 ii. Within sixty (60) days after the date of delivery of this Easement Deed, Grantee shall submit the plans for the Fencing construction to: Union Pacific Railroad Company Assistant Vice President -Real Estate (Folder No. 2748-74) 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. Union Pacific shall complete such review and make appropriate response to Round Rock within twenty (20) days after receipt of such plans by Union Pacific. Union Pacific shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the Fencing as constructed will be structurally sound. Round Rock shall install the Fencing no later than one hundred -twenty (120) days after receiving Union Pacific's written approval of the plans. iii. The Fencing shall be at least six (6) feet high and sufficient to reasonably prevent trespass. iv. Round Rock shall maintain the Fencing in perpetuity or until otherwise agreed by Union Pacific. f. Union Pacific shall expedite review and approval of agreements and construction plans for Quiet Zones requested by Round Rock. The closing shall occur at a time agreed upon by the Parties on or before April 18, 2014. The Parties agree that all litigation efforts shall be stayed pending completion of the settlement transaction. The Parties further agree to prepare and execute any documents necessary to communicate or effectuate this stay of litigation with the Court. 11. Each Party hereto shall bear all attorneys' fees arising from the actions of its own counsel in connection with the Lawsuit, this Release, preparation of additional settlement documentation, the settlement transaction and other matters and documents referred to herein. 12. This Release is made and executed in the State of Texas and shall be construed and interpreted in accordance with Texas law. Venue of any dispute arising from or related to this Release, or the obligations contained herein, shall be in Williamson County, Texas. If any 6 provision or part of the Release is held invalid or unenforceable such provision or part shall be considered to be separate, distinct, and severable from the other remaining provisions of this Release, and shall not affect the validity or enforceability of the remaining provisions, and the remaining terms shall remain in effect with the Parties to make good faith efforts to amend or renegotiate any terms held invalid or unenforceable so as to accomplish, to the greatest extent possible, the mutual goals of the Parties. 13. This Release may not be amended, altered, modified, or changed in any way except in writing signed by all Parties to this Release. 14. A fully executed copy of this Release will serve as an original document for all purposes. [SIGNATURE PAGES TO FOLLOW] 7 AGREED: THE STATE OF NEBRASKA COUNTY OF DOUGLAS UNION PACIFIC RAILROAD COMPANY By: Title: § TONY K LOVE § Assistant Vice President - Real Estate BEFORE ME, the authority, this day personally appeared � (SLA Kee - tribe to the undersigned on foregoing , known to me to be the person whose name is subs g �g instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. \ day GI EN UNDER MY HAND AND SEAL OF OFFICE, this �I U,�Y�'\ , 2014. GENERAL NOTARY • State of Nebraska SUSAN MRONEK � t My Comm. Exp, July 28, 2015 Notary Public in and for the State of Nebraska 8 of AGREED: CITY OF ROUND ROCK By: THE STATE OF TEXAS § COUNTY OF WILLIAMSON Alan McGraw, Mayor BEFORE ME, the undersigned authority, on this day personally appeared Alan McGraw, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIV N UNDER MY I-IAND AND SEAL OF OFFICE, this r,? Vday of L-IfYYAt 2014. LISA DWORACZYK Notary Public, State of Texas MyCommission Expires `• Sptember 29, 2014 otary Public in and for the State of Texas 9 EXHIBIT A CAUSE NO. 12-0774C368 CITY OF ROUND ROCK, TEXAS, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant. § § § § § § § § § § IN THE DISTRICT COURT WILLIAMSON COUNTY TEXAS 368th JUDICIAL DISTRICT JOINT AGREED NOTICE OF NON -SUIT WITH PREJUDICE TO THE HONORABLE COURT: Pursuant to the Texas Rules of Civil Procedure, Plaintiff City of Round Rock, Texas ("Round Rock") and Defendant Union Pacific Railroad Company ("Union Pacific") file this Joint Agreed Notice of Nonsuit With Prejudice as to all the claims and counterclaims and show as follows. I. Round Rock gives notice to the Court that it no longer wishes to pursue any of its claims and allegations against Union Pacific with respect to any of the matters in dispute between the parties in this cause, and hereby non -suits all of its claims and causes of action herein with prejudice. II. Union Pacific gives notice to the Court that it no longer wishes to pursue any of its claims and allegations against Round Rock with respect to any of the matters in dispute between the parties in this cause, and hereby non -suits all of its claims and causes of action herein with prejudice. 00295220 Page 1 III. This joint filing disposes of alt claims and cause of action pending between all parties to this lawsuit with each party to bear its taxable costs of court as incurred. Respectfully submitted, Cindy Olson Bourland State Bar No. 00790343 Bourland Law Firm, P.C. 1 Chisholm Trail, Suite 150 Round Rock, Texas 78681 512-477-0100 512-477-0154 — Facsimile COUNSEL FOR PLAINTIFF CITY OF ROUND ROCK, TEXAS L Stephan . Sheets State Bar o. 18180800 Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 512-255-8877 512-255-8986 — Facsimile CO -COUNSEL FOR PLAINTIFF CITY OF ROUND ROCK, TEXAS Page 2 Marcy L. Rothman State Bar No. 17318500 Kane Russell Coleman & Logan, P.C. 919 Milam St., Suite 2200 Houston, Texas 77002 713-425-7444 713-425-7700 — Facsimile ATTORNEY FOR DEFENDANT UNION PACIFIC RAILROAD COMPANY CERTIFICATE OF SERVICE I hereby certify that the foregoing document was sent to all attorneys of record on this day of 2014, pursuant to the Texas Rules of Civil Procedure. Marcy Lynn Rothman Page 3 CAUSE NO. 12-0774C368 CITY OF ROUND ROCK, TEXAS, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant. § § § § § § IN THE DISTRICT COURT WILLIAMSON COUNTY TEXAS 368th JUDICIAL DISTRICT ORDER ON JOINT AGREED NON -SUIT WITH PREJUDICE On this day cane on for consideration the Joint Agreed Notice of Non -Suit with Prejudice filed by Plaintiff City of Round Rock, Texas and Defendant Union Pacific Railroad Company. The Court having considered the non -suit is of the opinion that it should be granted. It is therefore ORDERED that all claims and causes of action of City of Round Rock, Texas against Union Pacific Railroad Company are hereby non -suited with prejudice. Further all counterclaims of Union Pacific Railroad Company against City of Round Rock, Texas are hereby non -suited with prejudice. The parties shall bear their taxable costs of court as incurred. Signed this day of , 2014. Judge Presiding Page 4 E$\ i' ,4- (3 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Space Above For Recorder's Use Only NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 2748-74 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (formerly known as Southern Pacific Transportation Company, a Delaware corporation, successor in interest through merger with Union Pacific Railroad Company, a Utah corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Delaware corporation) ("Grantor"), for and in consideration of Ten Dollars ($ 10.00) and other good and valuable consideration, to it in hand paid by the CITY OF ROUND ROCK, TEXAS a Texas home rule municipal corporation ("Grantee"), to be addressed at 221 East Main Street, Round Rock, Texas 78664, the receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey to Grantee, four tracts of land (hereinafter, the "Property") lying in the City of Round Rock, Williamson County, State of Texas, described in the legal descriptions and surveys attached hereto as Exhibits A-1, A-2, A-3, A-4, and A-5 hereto attached and hereby made a part hereof. EXCEPTING from this conveyance and RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual rights to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such 00295326. DOC manner as not to damage the surface of the Property, or to interfere with the use thereof by Grantee, its successors and assigns. FURTHER EXCEPTING from the conveyance and RESERVING an exclusive PERPETUAL EASEMENT ten feet (10') in width measured from the centerline of the MCI fiber optic line identified on Exhibit A-5, in, on, over, under and across the Property ("Fiber Optics Easement Property"). Within the Fiber Optics Easement Property only, Grantor (and its easement holders, lessees, sublessees, licensees, successors or assigns) shall have the right to own, construct, reconstruct, maintain, operate, use and/or remove existing and/or future communication systems, lines and facilities of every kind and nature, including, but not limited to, all existing facilities, telephone, telegraph, television and fiber optic lines and related equipment (the "Fiber Optics Improvements"). Grantor does further reserve unto itself, its successors and assigns, a limited right- of-way and right of access to the Fiber Optics Easement Property over and across the Property, for the purposes of the use, enjoyment, maintenance, operation and access to the Fiber Optics Easement Property. All Fiber Optics Improvements presently existing on or hereafter constructed on the Fiber Optics Easement Property shall remain the personal property of Grantor. Grantor shall be entitled to all revenues derived from all current and future agreements to which Grantor is a party affecting the Fiber Optics Easement Property. No permanent building, structure or fence and no material or obstruction of any kind or character shall be stored or maintained on the Fiber Optics Easement Property which would obstruct or interfere with the use and enjoyment of rights herein reserved without the prior written consent of Grantor. This conveyance is made without any warranty, express or implied, including, without limitation, any warranty or covenant implied under the provisions of Section 5.023 of the Texas Property Code, which provisions are hereby expressly waived by Grantee even as to the return of the purchase price. day of Attest: IN WITNESS WHEREOF, Grantor has duly executed this instrument this , 2014. Assistant Secretary (Seal) UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: Title: 2 STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On this day of , 2014, before me, Notary Public in and for said County and State, personally appeared and , who are the and the Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. (Seal) WITNESS my hand and official seal. 3 Notary Public CERTIFICATION OF NON -FOREIGN STATUS Under Section 1 445(e) of the Internal Revenue Code, a corporation, partnership, trust, or estate must withhold tax with respect to certain transfers of property if a holder of an interest in the entity is a foreign person. To inform the transferee, CITY OF ROUND ROCK, TEXAS, that no withholding is required with respect to the transfer of a U.S. real property interest by UNION PACIFIC RAILROAD COMPANY, the undersigned hereby certifies the following on behalf of UNION PACIFIC RAILROAD COMPANY: 1. UNION PACIFIC RAILROAD COMPANY is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the internal Revenue Code and Income Tax Regulations); 2. UNION PACIFIC RAILROAD COMPANY is not a disregarded entity as defined in Section 1.445.2(b)(2)(iii) of the Internal Revenue Code; 3. UNION PACIFIC RAILROAD COMPANY'S U.S. employer identification number is 94-6001323; and 4. UNION PACIFIC RAILROAD COMPANY'S office address is 1400 Douglas Street, Omaha, Nebraska 68179, and place of incorporation is Delaware. UNION PACIFIC RAILROAD COMPANY agrees to inform the transferee if it becomes a foreign person at any time during the three year period immediately following the date of this notice. UNION PACIFIC RAILROAD COMPANY understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, itnprisonment, or both. Under penalties of perjury 1 declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that 1 have authority to sign this document on behalf of UNION PACIFIC RAILROAD COMPANY. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: Title: Date: 4 11.757 AC. TRACT Page 1 of 5 McNEIL ROAD — ROUND ROCK CITY LIMITS EAST TO IH -35 Revised 03/13/2014 EXHIBIT A-1 PROPERTY DESCRIPTION DESCRIPTION OF A 11.757 ACRE (512,135 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE TRACT DESCRIBED IN REPORT OF JURY OF VIEW DATED AUGUST 19, 1895, AND FILED IN VOLUME 4, PAGE 89 OF THE WILLiAMSON COUNTY ROAD MINUTES, SAME BEING A PORTION OF THE TRACT DESCRIBED IN AN ORDER TO OPEN THE CALLED ROUND ROCK AND McNEIL ROAD, DATED AUGUST 17, 1898 AND FILED IN VOLUME 4, PAGE 243 OF THE WILLIAMSON COUNTY ROAD MiNUTES, SAID 11.757 ACRE TRACT LIES WITHIN THE RIGHT•OF•WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS MADE UP OF 1) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY T. B. AND M. J. ASHER (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 822 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 2) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY J. W. WILBARGER (100 FOOT WIDE STRIP) IN VOLUME 17, PAGE 702, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 3) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. A. BLAIR (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 624 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 4) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY J. B. KEMP (200 FOOT WIDE STRiP) IN VOLUME 17, PAGE 625 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 5) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY H. B. SHEPPARD (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 627 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND 6) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY F. A. ROBY (100 FOOT WIDE STRIP) IN VOLUME 17, PAGE 628, OF TIIE DEED RECORDS OF WILLiAMSON COUNTY, TEXAS, SAID 11.767 ACRE (512,135 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the approximate westerly limits of the City of Round Rock as described in Ordinance No. 3004 filed in Volume 1621, Page 544 of the Official Records of Williamson County, Texas, for the northwesterly corner of the herein described tract, and from which a 1/2' Iron rod found (or an ell corner In the west line of Cimarron 8•A (Lot 20, Block B), a subdivision recorded in Cabinet E, Slide 342, of the Plat Records of Williamson County, Texas, bears N57°20'39" W at a distance of 49.23', an angle point In the said approximate westerly limits of the City of Round Rock and N19'45'19" W at a distance of 198.14 feet; THENCE, departing the said westerly limits, with the northerly line of the herein described tract, same being the northerly Right -of -Way line of said U.P.R.R., the following nine (9) courses: 1) N 27°50'55" E for a distance of 203.60 feel to a calculated angle point (50 feel northerly of the centerline of said U.P.R.R. Main Rail Line); 2) N 21°13'18" W for a distance of 66.18 feet to a calculated angle point (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 3) N 27°50'55" E for a distance of 1963.28 feet to a calculated point of curvature to the right (U.P.R.R. Station 8825+50. 100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 4) Along said curve to the right, having a delta angle of 13°35'42". a radius of 5829.65 feet, an arc length of 1383.26 feel, and a chord which bears N 34°38'46" E for a distance of 1380.02 feet to a calculated point of tangency (U.P.R.R. Station 8612+00. 100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 5) N 41°26'37" E for a distance of 2251.02 feet to a calculated angle point (100 feet northerly of the centerline of said U.P.R.R. Main Rall Line); 6) S 21°13'18" E for a distance of 56.29 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line): 7) N 41°26'37" E for a distance of 1938.46 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 8) N 21°13'16" W for a distance of 56.29 feet to a calculated angle point (100' feet northerly of the centerline of said U.P.R.R. Main Rail Line); 9) N 41°26'37" E for a distance of 2217.63 feet to a calculated point in the westerly Right -of -Way line of Interstate Highway No. 35 (variable v.idth Right -of -Way), for the northeasterly corner of the herein described tract: THENCE, departing the northerly Right -of -Way line of said U.P.R.R., with said westerly Right -of -Way line of interstate Highway No. 35, same being the easterly line of the herein described tract, the following two (2) courses: 10) S 09°19'35" E for a distance of 26.19 feet to a calculated angle point; 11.757 AC. TRACT Page 2 of 5 McNEIL ROAD — ROUND ROCK CITY LIMITS EAST TO IH -35 Revised 03/13/2014 11) S 37°01'54" E for a distance of 55.84 feet to a 5/8' Iron rod with aluminum cap stamped 'CORR ROW' set for the southeasterly corner of the herein described tract, from which the centerline of the U.P.R.R. Main Rail Line bears S 37'01'54" E with said westerly Right -of -Way line, at a distance of 38.78 feet, said southeasterly corner also being perpendicular to and 25.00' northerly of said centerline of the U.P.R.R. Main Rail Line; 12) S 4412'13" W for a distance of 270.00 feet to a 518' iron rod with aluminum cap stamped "CORR ROW' set for an angle point; THENCE, departing said westerly Right•of-Way tine of Interstate Highway No. 35 with the southerly line of the heroin described tract, through the interior of said U.P.R.R Right -of -Way, parallel with and 38.00 feet northerly from said centerline of the U.P.R.R. Main Rail Line the following three (3) courses: 12) 8 41°26'37" W, at a distance of 1047.66, pass a 5/8' iron rod with aluminum cap stamped 'CORR ROW' set for a point on line (PAL.), at a distance of 2367.66, pass a 5/8' iron rod with aluminum cap stamped 'CORR ROW' set for a P.O.L., at a distance of 3687.66, pass a 518' iron rod with aluminum cap stamped 'CORR ROW' set for a P.O.L., al a distance of 5007.66, pass a 5/8' Iron rod with aluminum cap stamped 'CORR ROW" set for a P.O.L-, for a total distance of 6109.71 feet to a 5/8' iron rod with aluminum cap stamped 'CORR ROW' set for a point of curvature (P.C.) to the left (U.P.R.R. StaUon 8612+00); 13) Along said curve to the left, at an arc distance of 217.96 feel (having a della angle of 02°09'54", a radius of 5767.65 feet, and a chord which bears S 40°21'40" W for a distance of 217.05 feel), pass a 5/8' iron rod with aluminum cap stamped "CORR ROW" set for a point on curve, for a total delta angle of 13°35'42", a radius of 5767.65 feel, a total arc length of 1368.55 feet, and a chord (P.C. to P.T.) which bears S 34°38'46" W for a distance of 1365.34 feet to a Mag Nail vith washer stamped "CORR ROW' set for a point of tangency (P.T.) (U.P.R.R. Station 8625+50); 14) S 27°50'55" W, at a distance of 1489.41 feet. pass a 5/8' iron rod with aluminum cap stamped 'CORR ROW" set for a point on line (P.O.L.), for a total distance of 2211.25 feet to a Mag Nail with washer stamped 'CORR ROW' set in saki approximate westerly limits of the City of Round Rock for the southwesterly corner of the herein described tract, from which the centerline of the U.P.R.R. Main Rail Line bears S 57°20'39" E at a distance of 38.13 feet; 15) THENCE, with said approximate westerly limits of the City of Round Rock, N 57°20'39" W for a distance of 12.04 feet to the POINT OF BEGINNING, containing 11.757 acres (512,135 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record Information under my direct supervision. WITSS MY HAND AND SEAL at-Reupd Rock, Williamson County, Texas. wrence M. Russ egistered Professional Land Survey Inland Geodotics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 o. 5050 4-V"..* ' ,re;P\ ° 0,,,,, ,,,,,,t \,,,, ••NII °.,,..•..'>It,/f.•y •:IAWfEtf` „U SO��. >. X11•..•• MATCH'. !NE B 0 n 0 0 0 i• MATC' ii_INE. C E, AIesSjek Loop /,,4A T !NE A S W. Messick Loop MA1 CHL. INE B w• 1 ATC: OCii 1,1/? »3 <Evi 10tdS: QS!I:i!?Ola; PAGE 3 0f CITY OF ROUND BOCK 11.757 ACRES 512,135 SQ. FT. JACO!! M. IJARRELL SURVEY, AUSTRACT NO. 284 .J t__ Li ` to 1 n ra c;t-c )11 i It . }kW ESS C t:AI AN 1 O wr, gVo{{ V 1500 CIi15F101A1 talc RD. VT. i.. ROUND ROCK, DC 78681 i - , VH 1S17) 71L12C9, FAC151)) 2)S-112)) MATCHLINE F Z1' : 1 St. 11111i Street n pcoa TIMI' MATCHLINE E MATCHLINE G t c MA r C Ht. 'NE D T t County -r Road 172T Deep Weed Drive Nil A IC HI_ !NE z 1,461 C,k-11 11\11:1 C \.\ MATCHLINE • Oakridge Drive AATCHLINE D DATE: C9/?4,12013 RE v o3/13/2o14 .1 OF CITY OF ROUND ROCK 11.757 ACRES 512,135 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 isj I A ) (.11.11)1-1 It *; PllniFtilt/l/AL ova) 1504 C11151101)4 714)31. RD. 51E. , 141.15111M.120,4,41(5131211.1251 ri MATCHLINE J MATCHLINE I 11 V " kt6'h a te t 3 y 270• ?� rt i z co 0 MATCH._ NE H tl r MATCHLINE G { iT MATCHLINE J t O MATCHLINE . 5' 'o MATCHLINE H F. DAZE: 09/24/2015 REVISIONS: 03/13/2014 PAGE 5 OF 5 CITY OF ROUND ROCK 11.757 ACRES 512,135 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 {N1 ANL)_ (IrODC't'1i.'•;7 4;1 PROFESSIONAL I.ANO SU RVEYO' 1504 CHLSHOIM TRAIL RD. STE. �. n (512)2,5.12CA{AII(S12)216-1251 r 0.260 AC. TRACT Page 1 of 2 CHISHOLM VALLEY PARK Revised 12/19/2013 EXHIBIT A-2 PROPERTY DESCRIPTION DESCRIPTION OF A 0.260 ACRE (11,330 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, SAID 0.260 ACRE TRACT LIES WITHIN THE RIGHT•OF•WAY OF THE UNiON PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY T. B. AND M. J. ASHER (200 FOOT WiDE STRIP) IN VOLUME 17, PAGE 622 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF A CALLED PARK LOT AS DEPICTED ON CHISHOLM VALLEY, SECTION 1, A SUBDIVISION OF RECORD IN CABINET B, SLIDE 301 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.260 ACRE (11,330 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated angle point in the southerly Right -of -Way of the said U.P.R.R. (100 feet southerly of the centerline of said U.P.R.R. Main Rail Line), sante being in the approximate northeasterly boundary line of Bellview Subdivision. a subdivision of record in Cabinet B, Slides 52-53 of the Plat Records of Williamson County, Texas, also being In the apparent easterly Right -of -Way of Trey Street (50 foot right-of-way width by Plat) for the southeasterly corner of the herein described tract, and from which a 112' iron rod found for the approximate northerly corner of Lot 1 said Bellview Subdivision at the intersection of said Trey Street and Bellview Avenue (50 foot right-of- way width by Plat), bears S41°36'53" W at a distance of 51.63; 1) THENCE, with the said approximate northeasterly boundary line of said Bellview Subdivision, same being said southerly Right -of - Way line of U.P.R.R., along the southerly tine of the herein described tract, N 21°13'18" W for a distance of 56.29 feet to a 5/8' iron rori with aluminum cap stamped 'CORR ROW' set for art angle point in said southerly Right -of -Way of the said U.P.R.R. (50.00 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being the northwesterly corner of said Bellview Subdivision, for the southwesterly corner of the herein described tract; THENCE, departing the southerly Right -of -Way line of said U.P.R.R., $ame being said Bellview Subdivision, through saki U.P.R.R. Right -of - Way, with the westerly and northerly lines of the herein described tract, following three (3) courses: 2) N 41°26'37" E, for a distance of 209.78 feet to a 518' iron rod with aluminum cap staniped'CORR ROW" set for the northwesterly corner of the herein described tract (50,00 feet southerly of the centerline of said U.P.R.R. Main Rail Line); 3) 5 45°33'23" E, for a distance of 29.80 feet to a 5/8' iron rod with aluminum cap stamped "CORR ROW' set for angle point, same being the northwesterly corner of said Chisholm Valley, Section 1. also being the northwesterly corner of said Park Lot conveyed to the City of Round Rock in Volume 604, Page 767 of the Deed Records of Williamson County, Texas; 4) N 88°25'04" E with (ho northerly line of said Chisholm Valley, Section 1 and said Park Lot, for a distance of 27.91 feet to a calculated point in the southerly Right -of -Way line of said U.P.R.R., for the northeasterly corner of the herein described tract, and from which a 1/2' iron rod found for the approximate northeasterly corner of said Park Lot in the northerly boundary line of sald Chisholm Valley, Section 1 bears N88°25'04` E at a distance of 92.09 feet and N84'37'34" E at a distance of 126.05 feet; 5) THENCE, departing the said common northerty line, partially through the said Chisholm Valley, Section 1, same being said Park Lot, with the southerly Right -of -Way line of said U.P.R.R. and the easterly line of the herein described tract, S 41°26'37" W passing at a distance of 250.42 feet, the southerly line of said Chisholm Valley, Section 1, sante being said Park Lot, and continuing for a total distance of 254.87 feet to the POINT OF BEGINNING, containing 0.260 acres (11,330 square teat) of land, more or less. All bearings cited herein are based en the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is true and correct and that the properly described herein was determined by a survey made partially on the ground and partially from record Information under my direct supervision. WITN4 S MY HAND AND SEPAL—at Round Rock. Williamson County. Texas. ence M. Russo egistered Professional Land Seyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 ?//19A01 3 ate `O o,bsa LAWREi'CE M. HUSSO r' \\,,,,,, rya 0 Iw •0 '•• 0 o, ° 4 .7., • ;: .... O z ,.; 2 a, Z: )i).. -/..—.....2.? -L'.......- t I.. P `2.-• 9,4 “:!! ..-- A .• z -' - .C.. 6 ; • • -V :.: c•-=, `.t 7' % 7)41E: 09/?,i/2013 RE W,V:S: PAGE 2 F CITY OF ROUND ROCK 0.260 ACRES 11,330 SQ. F7'. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 4 1 fq 1 A f‘l I (.1 i It fROFESSIWIAL LAM) SURVC.O. 1504 CIIIS/101.14 RAIL RU. STE ROVED ROCK. 1X, 78681 -pi PK Mb 23S-120, IA.X IS121 218-1251 2.043 AC. TRACT Page 1 of 3 McNEIL ROAD — EAST OF IH -35 Revised February, 27, 2014 EXHIBIT A-3 PROPERTY DESCRIPTION DESCRIPTION OF A 2.043 ACRE (88,978 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO, 298, IN WILLIAMSON COUNTY, TEXAS, SAID 2,043 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. (WASHINGTON) ANDERSON AND WIFE MARY A. ANDERSON (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 621 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.043 ACRE TRACT ALSO ENCOMPASSES MOST OF THE +/- 50 FOOT WIDE TRAVELED WAY OF McNE1L ROAD (VARIABLE WIDTH RIGHT-OF-WAY) FROM THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY No. 35 (VARIABLE WIDTH RIGHT-OF-WAY) TO THE APPROXIMATE INTERSECTION WITH WEST FLORENCE STREET, SAID 2.043 ACRE (88,978 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 518" iron rod with aluminum cap stamped "CORR ROW" set for the southwesterly corner of the herein described tract, and from which a broken Type 1 concrete Right -of -Way monument found for an angle point in saki easterly Right -of -Way of Interstate Highway No. 35 (200 feet right of baseline Station 1367+50) hears S28°45'31" E passing at a distance of 169.66, another broken Type 1 concrete Right -of -Way monument (approx baseline Station 1368+08), same being the southwesterly corner Belivlew Drive (Right of Way width undetermined), also being an angle point in the northerly lino of the called W. T. Sappington's Addition to the City of Round Rock, a subdivision of record in Cabinet A, Slide 83B of the Plat Records of Williamson County, Texas, and SO4°58'15" E at a distance of 64.30 feet, said Beginning point also being located 25 feet northerly of the centerline of the curving Georgetown Spur lino northerly of said U.P.R.R. Main Rail Line; THENCE, with the easterly Right -of -Way of said Interstate Highway No. 35, N 28°45'31" W, for distance of 62.43 feet to the intersection with the northerly Right -of -Way of said U,P.R.R. (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line) for the northwesterly corner of the heroin described tract, said calculated point being approximately 10.6 feet southerly of the existing northerly back of curb of the existing asphalt traveled way of said McNeil Road THENCE, departing the easterly Right -of -Way of said Interstate Highway No. 35 with the southerly Right -of -Way of said U.P.R.R., generally with said existing asphalt traveled way of said McNeil Road, same being the northerly line of the herein described tract, the following two (2) courses: 1) N 41°26'37" E, for a distance of 1535.38 feet to the calculated point of curvature to the right (100 feet northerly of tho centerline of saki U.P.R.R. Main Rail Lino Station 8527+60); 2) along said curve to the right, having a delta angle of 06°35'35", a radius of 2964.93, passing at an arc length of 316.0 feet, the southerly back of curb of the existing asphalt traveled way of said McNeil Road, and continuing outside the paved traveled way for a total distance of 341.17 feet, and a chord which bears N 44°44'25" E for a distance of 340.98 feet to a 5/8" iron roti with aluminum cap stamped 'CORR ROW" set for the easterly corner of the herein described tract, said point being N 41°57'48" W at a distance radially of 100.00 fent from said centerline of U.P.R.R. Main Rail Line, and from which the calculated intersection of the northerly Right -of -Way of said U.P.R.R. (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line) and the westerly line of a called 3.00 acre easement (unrecorded) conveyed by said International & Great Northern Railroad (U.P.R.R.) to the State of Texas for the construction of State Highway #2 (Mays Street) overpass. bears along a continuation of said curve to the right, an arc distance of approximately 37.0 feet; THENCE, departing the northerly Right -of -Way line of said U,P.R,R., generally parallel with and 10 feet from the existing southerly hack of curb of said McNeil Road, along the southerly line of the herein described tract, the following six (6) courses: 3) along a curve to the right, having a delta angle of 20°06'53", a radius of 264.41 feet, an arc length of 92.83 feet, and a chord which bears S 29°46'41" W for a distance of 92.35 feet to a 5!8" iron rod with aluminum cap stamped "CORR ROW" set for a point of tangency; 4) S 39°50'08" W, for a distance of 385.10 feet to a 518" iron rod with aluminum cap stamped "CORR ROW" set for an angle point; C 2.043 AC. TRACT Page 2 of 3 McNEIL ROAD — EAST OF IH -35 Revised February, 27, 2014 5) S 41°24'30" W, for a distance of 383.54 feet to a angle point; 6) S 41°29'30" W, fora distance of 457.02 feet to a angle point; 7) S 41°21'47" W, for a distance of 266.86 feet to a angle point; 8) S 38°0512" W, for a distance of 160.89 feet to a angle point; THENCE, S 41°26'37" W, for a distance of 153.52 feet square feet) of land, more or Tess 518" iron rod with aluminum cap stamped "CORR ROW" set for an 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an 518" iron rod with aluminum cap stamped "CORR ROW" set for an 518" iron rod with aluminum cap stamped "CORR ROW" set for an to the POINT OF BEGINNING, containing 2.043 acres (88,978 All hearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WI IHSS MY HAND AND SEM at Round Rock, Williamson County, Texas. zi/7014 awrence M. Russo Registered Professional Land Surveyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 ate 4V 8 4TNN Ail p1 ;N2 NCm quo NgX VA N V �v 6r§ 3 iQ 22 v. Nil SAA §gp Al iE nA Pig d Ngn Tip yy2 � pK i9q, <aY �g 4 1F2 aRA g" MATCHLINE N 0 A 1 �� 35 • 14 r £xise I1 sfofe LOT B3Ay ,•. - a• - NO. o' 6m --Q''5, \ $ 2 O txisro • • I < I ' I >? I �q7 LAAt. om OI - - a g c 4 i2e E -Ax T ` ' 0 w Q ®. - - -a C " +' - ^. to l. f l 3 - _ 1 MATCHLINE B • 1 MATCHLINE A DATE 09/24/2013 REVSIONS: Revised from oriq'nol 2.057 oc. tract. PAGE 3 OF 3 CITY OF ROUND ROCK 2.043 ACRES 88;970 SQ. FT, WII.EY HARRIS SURVEY, ABSTRACT NO. 298 J 1 I•J 1 A N D .; F.C)DITTI CS PROFESSIONAL LAND SURVEYO(. 1sodc.Mt1ay71IR. YE I ROUND ROCK. TX.71681 RL 15111231-120,11a512) 13I-U$I 0.661 AC. TRACT Page 1 of 2 BELLVIEW DRIVE FROM IH -35 EAST TO NASH STREET EXHIBIT A-4 PROPERTY DESCRIPTION DESCRIPTION OF A 0.661 ACRE (28,791 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, SAID 0.661 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. (WASHINGTON) ANDERSON AND WIFE MARY A. ANDERSON (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 621 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.661 ACRE TRACT ALSO ENCOMPASSES ALL OF THE +1. 20 FOOT WIDE TRAVELED WAY OF SAID BELLVIEW DRIVE (RIGHT-OF-WAY WIDTH UNDETERMINED) FROM THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HiGHWAY No. 35 (VARIABLE WIDTH RIGHT-OF-WAY) TO NASH STREET (RIGHT-OF-WAY WIDTH UNDETERMINED) NORTHERLY OF W. T. SAPPINGTON'S ADDITION TO THE CITY OF ROUND ROCK, A SUBDIVISION OF RECORD IN CABINET A, SLIDE 83B, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, THE CALLED WASHINGTON ANDERSON ADDITION, AN UNRECORDED SUBDIVISION AND THE CALLED MONROE MERCER SUBDIVISION, AN UNRECORDED SUBDIVISION (SEE VOLUME 347, PAGE 105, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS), SAID 0.661 ACRE (28,791 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated Intersection of the southerly Right -of -Way of said U.P.R.R. (100 feet southerly of the centerline of said U.P.R.R. Main Rail Line) and the easterly Right -of -Way of said Interstate Highway No.35 (or the southeasterly corner of the herein described tract. and from whlch a broken Type 1 concrete Right -of -Way monument for an angle point in (he said easterly Right -of -Way of said Interstate Highway No.35 (200 feet right of baseline Station 1367+50) bears S28'45'31" E at a distance of 19.53, a broken Type 1 concrete Right-of•Way monument (approx basetine Station 1368+08) and SO4°56'15" E at a distance of 64.30 feet; 1) THENCE, departing the southerly Right -of -Way of said U.P.R.R. with the easterly Right -of -Way of said Interstate Highway No.35, same being the southerly line of the herein described tract, N 28°45'31" W for a distance of 31.88 feet to a 5/8" Iron rod with aluminum cap stamped 'CORR ROW' set for the southwesterly corner of the herein described tract (70 feet southerly of the centerline of said U.P.R.R. Main Rail Line); THENCE, departing the easterly Right -of -Way of said Interstate Highway No.35. through the Right -of -Way of said U.P.R.R., with the westerly and northerly tines of the herein described tract, the following two (2) courses: 2) N 41°26'37" E, for a distance of 954.44 feet to a 518' iron rod with aluminum cap stamped "CORR ROW" set for the northwesterly corner of the herein described tract (70 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being the approximate intersection of the northerly line of said Beliview Drive and the easterly line of said Nash Street; 3) S 48°19'09" E for a distance of 30.00 feet to a calculated point in the southerly Right -of -Way line of said U.P.R.R., for the northeasterly corner of the herein described tract; 4) THENCE, crossing the northerly end of said Nash Street, with the southerly Right -of -Way tine of said U.P.R.R„ S 41°26'37" W for a distance of 965.11 feet to the POINT OF BEGINNING, containing 0.661 acres (28,791 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WIT E;S MY HAND AND SAt--e Round Rock, Williamson County, Texas. / \ Laurence M. Russo Registered Professional Land Surveyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238.1200 ?J'A MA CH[. INE A ) yui lisuN t.• zs: 6. T 1111c . Is, 'We it? Aro. 34.5 irs% aATICE T MA T CHLINE_ 0 DAIL- 0,)04/.:70i3 CITY OF 1?0UND ROCK 0.86 1 ACRES 28,791 SQ. FT. WILEY HARRIS SURVEY, ABSTRACT NO. 298 NI I /1. (7,1.()OL ', • 40 1.01-CSSIO1LALLAUDWIRVCCOM 1501 CHISHOLIA TRAIL RD. STE. 103 ROUND ROC11, TX. 71001 (S121238 120).1A1.012M1•1251 r 0.169 AC. Page 1 of 2 U.P.R.R. Remainder Tract EXHIBIT A-5 PROPERTY DESCRIPTION DESCRIPTION OF A 0.169 ACRE (7,362 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.169 ACRE (7,362 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated northeasterly corner of a called 0.236 acre tract out of said remainder of 57.36 acres intended to be conveyed to the City of Round Rock, Texas, same being in the southerly right-of-way line of Bagdad Avenue (80' right- of-way width), also being in the northerly boundary line of said remainder of 57.36 acre tract, said point Is also the southerly projection of the westerly right-of-way line of Burnett Street (80' right-of-way width), for the northwesterly corner of the herein described tract; 1) THENCE, with the southerly right-of-way line of said Bagdad Avenue, same being the northerly boundary line of said remainder of 57.36 acre tract, N 70°42'59" E for a distance of 80.00 feet to the calculated northeasterly corner of the herein described tract in the southerly projection of the easterly right-of-way line of saki Burnett Street; 2) THENCE, departing the southerly right-of-way line of said Bagdad Avenue, through said remainder of 57.36 acre tract, S19°25'28" E for a distance of 92.36 feet to the calculated southeasterly corner of the herein described tract, same being radially 25 feet northerly from the centerline of the U.P.R.R. siding track, said siding track being concentric with and northerly of the U.P.R.R. main line track; 3) THENCE, along a curve to the loft, parallel with and 25 feet northerly from said siding track, having a delta angle of 01°29'49", a radius of 3062.12 feet, an arc length of 80,00 feet, and a chord which bears S 70°56'38" W for a distance of 80.00 feet to the calculated southwesterly corner of the herein described tract, same being the southeasterly corner of said 0.236 acre tract; 4) THENCE, with the easterly boundary line of said 0.236 acre tract, N 19°25'28" W for a distance of 92.04 feet to the POINT OF BEGINNING, containing 0.169 acres (7,362 square feet) of land, more or Tess; All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is tore and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WI ESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. evi__A • • rence M. Russo egistered Professional Land Su ' :yor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 Q '"zn o ri06? ct 'onc Oz PI 1Z $A nm �c, r1 V1 N ,)0 0 t (n)32'i-< QAC �z1oo� z�ozo Cr) to �p540-1,(ten �AZ < A. '1)-4: oiror00 �c�~ IT; 01 AO r h -<z2 '2 00 �4 OnO� �),c+p, 0 / 0 ni � O C (5 ZM�k A^1x r'1 0 0) Q 1 415 --I 0 -r O A i)Z~pyo Cy ', la 44try yeti 41 O ^(C �y Z Z �• C.:0<•11.1 h � ^ih u,af O 2� oRw Jaz -y ,d jq ;:•\ a v, )0 a q 1 -t A C �, 4,11 c, N in 77 ij U a/ �'Zf r7 .. 014ftSB '0'd ►.'0 (14001 31 V OIX O d d d V N/NN1038 =0 1 NIOd OPI OGS 0 �'n V7 O �O .0�0 0 • 'o) o (S!?24'40"E 94.87') N19'25'2814' \ 92.04' BURNETT STREET (80' RIGHT-OF-WAY) ti 51925'28 92.36' O 0 0 04.4 0 N 0 z 0 O v co N to O N O N O (40 0 m -4 0 0 o co G1 N N (g4 ;L1 (!1 N (11 1,D co O O O w O 2 0 0 0 N to to u to . to 10 tr (0 O (0 Ui N (n J O fJi rn W co (A m z C A D AvM-40-i I 9NUSIX3 b EXHIBIT C RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Space Above Line for Recorder's Use Oi:h' NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HAYS 2349-60 That UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (formerly known as Southern Pacific Transportation Company, a Delaware corporation, successor in interest through merger with Union Pacific Railroad Company, a Utah corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Delaware corporation), Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid to the undersigned by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, HAS GRANTED, SOLD, AND CONVEYED, and by these presents DOES HEREBY GRANT, SELL, AND CONVEY unto the CITY OF ROUND ROCK, TEXAS a Texas home rule municipal corporation ("Grantee"), addressed at 221 East Main Street, Round Rock, Texas 78664, Grantee, all of that certain real estate (the "Property") lying and being situated in the City of Round Rock, Williamson County, State of Texas, more particularly described in Exhibit A attached hereto and hereby made a part hereof for all purposes,. EXCEPTING from this conveyance and RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual rights to explore for, remove and dispose of said minerals by any means or methods suitable to the Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such 00295355.DOC manner as not to damage the surface of the Property, or to interfere with the use thereof by the Grantee, its successors and assigns. This deed is made SUBJECT TO the following: (a) All taxes and all assessments, or, if payable in installments, all installments of assessments, levied upon or assessed against the Property which became or may become due and payable in the year 2014 shall be prorated as of the date of delivery of this deed by Grantor to Grantee, said date being the day of , 2014; and Grantee assumes and agrees to pay, or to reimburse Grantor for, if paid by it, all such taxes and assessments and installments of assessments applicable to the period subsequent to the date of delivery of this deed and assumes all taxes and all assessments and all installments of assessments which may become due and payable after said year; and (b) All liens, encumbrances, clouds upon, impairments of and defects in the title created or permitted to be created by Grantee on and after the date of delivery of this deed by Grantor to Grantee, and any and all restrictions and limitations imposed by public authority, and any easements, restrictions and/or outstanding rights of record, and exceptions, reservations and conditions contained in prior deeds or open and obvious on the ground, including, without limitation, the following: (i) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. (c) Licenses and other rights to use the Property ("Use Rights"), regardless of whether visible, open and obvious, recorded or unrecorded or for public streets, rights of way or utilities. (d) FURTHER EXCEPTING from the conveyance and RESERVING an exclusive PERPETUAL EASEMENT ten feet (10') in width measured from the centerline of the MCI fiber optic line identified on Exhibit A, in, on, over, under and across the Property ("Fiber Optics Easement Property"). Within the Fiber Optics Easement Property only, Grantor (and its easement holders, lessees, sublessees, licensees, successors or assigns) shall have the right to own, construct, reconstruct, maintain, operate, use and/or remove existing and/or future communication systems, lines and facilities ofeveiy kind and nature, including, but not limited to, all existing facilities, telephone, telegraph, television and fiber optic lines and related equipment (the "Fiber Optics Improvements"). Grantor does further reserve unto itself, its successors and assigns, a limited right-of-way and right of access to the Fiber Optics Easement Property over and across the Property, for the purposes of the use, enjoyment, maintenance, operation and access to the Fiber Optics Easement Property. All Fiber Optics Improvements presently existing on or hereafter constructed on the Fiber Optics Easement Property shall remain the personal property of Grantor. Grantor shall be entitled to all revenues derived from all current and future agreements to which Grantor is a party 2 affecting the Fiber Optics Easement Property. No permanent building, structure or fence and no material or obstruction of any kind or character shall be stored or maintained on the Fiber Optics Easement Property which would obstruct or interfere with the use and enjoyment of rights herein reserved without the prior written consent of Grantor. The Property is conveyed by Grantor subject to the following covenants, conditions and restrictions, which Grantee by the acceptance of this Special Warranty Deed covenants for itself, its successors and assigns, faithfully to keep, observe and perform: (1) Fence Covenant. Grantee, at its sole cost and expense, shall install, and thereafter maintain fencing or other barriers (the "Fencing") to prevent access to or encroachment on the railroad right-of-way of Grantor adjacent to the boundary of the Property. The Fencing must be of a design and type satisfactory to Grantor, and in compliance with applicable building codes. Within sixty (60) days after the date of delivery of this Special Warranty Deed, Grantee shall submit the plans for the Fencing construction to: Union Pacific Railroad Company Assistant Vice President -Real Estate (Folder No. 2748-74) 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. Grantor shall complete such review and make appropriate response to Grantee within twenty (20) days after receipt of such plans by Grantor. Grantor shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the Fencing as constructed will be structurally sound. Grantee shall install the Fencing no later than one hundred -twenty (120) days after receiving Grantor's written approval of the plans. The Fencing shall be at least six (6) feet high and sufficient to reasonably prevent trespass. During the installation of the Fencing or any other construction, demolition or modification near the Property, Grantee and its contractors shall not enter Grantor's right of way nor commence installation, digging or otherwise interfere in any way with the subsurface that might interfere with any public utilities, buried fiber optic cable and/or Grantor's signal wires without first obtaining express written consent from Grantor and coordinating such activities with Grantor. For purposes of this subparagraph, written consent may be obtained by e-mail confirming a request to commence installation, construction, demolition or modification. The foregoing covenant, condition and restriction will run with the Property. A breach of the foregoing covenant, condition and restriction, or the continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. 3 (2) Railroad Proximity Covenant. (a) Grantee acknowledges that the property abutting the boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty-four (24) hours a day, and that the amount, nature and intensity ofraiIroad operations may increase or change (collectively, the "Permitted Effects"). Grantee accepts the Property subject to the existence of the Permitted Effects. (b) If Grantee sells or leases all or any portion of the Property, Grantee shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of Grantor, to comply with the above covenants. (3) Restriction on Use. The ground floor of any structure on the Property must not be used for (i) residential, (ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or child-care facilities (including, without limitation, schools, kindergartens or day-care centers). Notwithstanding the above, the Property may be used for institutions of higher learning except that any dormitories that may be constructed for such institution must abide by the ground floor restriction set out above. (4) Covenants To Run With Land. The foregoing covenants, conditions and restrictions shall run with the Property, the burdens of which will be binding on the successors and assigns of Grantee, and the benefits of which will inure to the successors and assigns of Grantor. A breach of the foregoing covenants, conditions and restrictions, or the continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Property unto Grantee and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under it, but not otherwise, subject, however, as aforesaid. 4 Executed this day of , 2014. UNION PACIFIC RAILROAD COMPANY, Attest: a Delaware corporation Assistant Secretary (Seal) By: Title: 5 Grantee hereby accepts this Special Warranty Deed and agrees for itself, its successors and assigns, to be bound by the covenants set forth herein. Dated this day of , 2014. ATTEST: Sara White, City Clerk CITY OF ROUND ROCK, a home rule municipal corporation of the State of Texas By: Alan McGraw, Mayor 6 STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On , 2014, before me, a Notary Public in and for said County and State, personally appeared and and Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalfofwhich the persons acted, executed the instrument. WITNESS my hand and official seal. (SEAL) STATE OF TEXAS ) ss. COUNTY OF WILLIAMSON Notary Public This instrument was acknowledged before me on the day of , 2014 by Alan McGraw, the Mayor of the City of Round Rock, Texas, a home rule municipal corporation, on behalf of said corporation. (Seal) Notary Public, State of Texas 7 0.236 AC. Page 1 of 3 U.P.R.R. Remainder Tract EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.236 ACRE (10,266 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO, 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.236 ACRE (10,266 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at the calculated northwesterly corner of a called 2.1355 acre tract of land conveyed to the City of Round Rock, Texas in Document No. 2013081105 (Tract I) of the Official Public Records of Williamson County, Texas, same being an angle point for the cutback between the southerly right-of-way of Bagdad Avenue (80' right-of-way width) and the easterly right-of-way of Mays Street (right-of-way width varies), and from which a 112" iron rod found bears S 21'28'07" E at a distance of 2.71 feet; THENCE, with the southerly right-of-way line of said Bagdad Avenue, along the northerly boundary Zine of said Tract t, and the northerly boundary line of that called 0.8791 acre tract of land (Tract II) conveyed to said City of Round Rock, Texas in the above said Document, N 70°42'59" E, for a distance of 785.17 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the northwesterly corner and POINT OF BEGINNING of the herein described tract, same being the northeasterly corner of said Tract II; 1) THENCE, continuing with the southerly right-of-way line of said Bagdad Avenue, same being the northerly boundary line of said remainder of 57.36 acre tract owned by said U.P.R.R., N 70°42'59" E for a distance of 110.15 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the northeasterly corner of the herein described tract; 2) THENCE, departing the southerly right-of-way line of saki Bagdad Avenue, through said remainder of 57.36 acre tract, S19°25'28" E for a distance of 92.04 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the southeasterly comer of the herein described tract, same being radially 25 feet northerly from the centerline of the U.P.R.R. siding track, said siding track being concentric with and northerly of the U.P.R.R. main line track, and from which the calculated northwesterly corner of Lake Creek Subdivision, a subdivision of record In Cabinet 8, Slides 283-284 of the Plat Records of Williamson County, Texas bears S 19°25'28" E at a distance of 92.96 feet, also from which a 1/2" iron rod with plastic cap stamped 'Baker-Aicklen" found for an ell corner In the southerly boundary line of said remainder of 57.36 acre tract in the westerly boundary line of said Lake Creek Subdivision, also being an ell corner in the northerly boundary line of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, a subdivision of record in Cabinet X, Slides 358-360 of the Plat Records of Williamson County, Texas, bears S19°2528" E at a distance of 291.83 feet; 0.236 AC. U.P.R.R. Remainder Tract Page 2 of 3 3) THENCE, along a curve to the left, parallel with and 25 feet northerly from said siding track, having a delta angle of 02°03'42", a radius of 3062,12 feet, an arc length of 110.18 feet, and a chord which bears S 69°09'52" W for a distance of 110.18 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the southwesterly corner of the herein described tract, same being the southeasterly corner of said 0.8791 acre tract, and from which a 1/2" iron rod found for the southwesterly corner of said 2.1355 acre tract, sante being in the easterly right-of-way of Mays Street bears S 58°47'30" W at a distance of 878.38 feet; 4) THENCE, with the easterly boundary line of said 0.8791 acre tract, N 19°25'50" W for a distance of 95.02 feet to the POINT OF BEGINNING, containing 0.236 acres (10,266 square feel) of land, more or less; All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WMT,N€SS MY HAND AND SEALat Round Rock, Williamson County, Texas. (1L wrence M. RussoZ71/?0111-• ate-- egistered Professional Land Surveyor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 OF 0000441A1 Ighlg” it , A.RU; SO i • 9 5050 si 04!SS1 SI aur '., .1 • ' J• • • 5 '1. t: .2, 1.', •• ' 55 i, - -2,, •,, d 1! - 2 C. ..,-, ti X ' 't 55 .... ... .551 ..' „ : „ 55.4X .2.,1 :2,5 k f • v -'s :; I ; 7' ' t'',i +f,'A 0..4 ',1 •A VI /i ,", 'j ' . •IA, :5 t; . s,:, )4 1, i- ' 2 7 7 V • ... 5 ? 5 12 5-5 PAYS SIFF( I (5.:50-1{-5155 45,5T.5 5.5551,5 ()4' .331.4-• - 4., \ 3-;`;!. `1. 9 _ •-',' ''- ; 1? '6; '•;; ,f, 1 t 1 '.1. 5Z51 . , • ..,: \ 1 j ti1I 95.07' F. s ',-• 1 . r'P - r-1 ir 1 q 4 '1 Eig li, 1 PO IS . ill - , \I ' • 11._. 1 ,..,•„.:,...,.)._ 5 19-25.78T 291aY .. . 1E- : 5,97.5.2trt • 9.7.04 , • :; t; - - -3 r --- ii - . - --- —.I .... ....... . _...- M --A , DURNE 71 SI RECT t'—'''''' -'5'55,..5,j"-.- • ? VI' V J. ....S4 F f.: r.;• 4, ), ....F: SHEPPARD STRICT (1). 5,(11T-Ce.1•11) 2 DA TUT: VI!!;101‘1',: /J7(.4211-Pi1.1..EC17l1iPAR-PAI.81 PAGE 3 OF 3 CITY OF ROUND ROCK 0.236 ACRES (10,266 Sq. Ft.) REMAINDER PORTION 57.36 ACRES VOL. 22, PAGE 441 D. R. W. (L '1'. WILEY HARRIS SURVEY, ABSTRACT NO. 298 Li1-A7C5pf I i I - '; s PROi115101.1.5.1 LAPJO SV11111(151, 1504 C1051101.11 111411 61). 5TL.t ROUND ROCK. TX. 78681 DI 171 115-1703. FM 'SW 231 125, • EXHIBIT D RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 (Space Above Reserved for Como, Recorder's Use) 2748-74 REVOCABLE EASEMENT DEED THIS Easement Deed is made this day of , 2014, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (formerly known as Southern Pacific Transportation Company, a Delaware corporation, successor in interest through merger with Union Pacific Railroad Company, a Utah corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Delaware corporation) ("Grantor"), and CITY OF ROUND ROCK, TEXAS a Texas home rule municipal corporation ("Grantee"), whose address is 221 East Main Street, Round Rock, Texas 78664. Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, to it paid by Grantee, the receipt whereof is hereby confessed and acknowledged, grants to Grantee, its successors and assigns, a NONEXCLUSIVE, REVOCABLE EASEMENT (the "Easement"), for the sole purpose of using, maintaining, repairing, renewing and reconstructing a roadway known as Park Lane (the "Roadway") on, along and across certain property in the City of Round Rock, Williamson County, State of Texas, described in Exhibit A, attached and by reference made a part of this Easement Deed (the "Easement Area"). The Easement is granted for the purpose described above only. Without IitnRation of the foregoing, this grant does not include the right to install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or liquid distribution, or telephone lines. Grantor, its successors and assigns, reserves the right to construct at any and all times and to maintain railroad tracks and appurtenances, fiber optic or signal lines and facilities, pipe, telephone, and electric pole and wire lines, over, under and across the Easement Area, but in such a way as to not interfere with Grantee's use of the Easement; it being understood that the rights so reserved by Grantor, its successors and assigns, are retained along with the general right of Grantor, its successors and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's use of the Easement, including, but not limited to any and all general railroad purposes. The Easement is granted subject to all outstanding leases, licenses and other outstanding rights, including, without limitation, those for pipe, telephone, electric and fiber optic lines and the right of renewals and extensions of the same, and subject also to alt conditions, 00294377.DOC limitations, restrictions, encumbrances, reservations or interests of any person that may affect the Easement Area, whether recorded or unrecorded. The Easement is also limited to such rights as Grantor may have in the Easement Area and is granted without warranty, express or implied. No damages shall be recoverable from Grantor because of any dispossession of Grantee or because of failure of, or defect in, Grantor's title. Without limitation of the foregoing, the Easement granted herein is subject to the needs and requirements of Grantor, its successors and assigns, in the improvement and use of Grantor's property in connection with the construction of additional, including the construction, modification or any other alteration to track -related structures and equipment, including but not limited to structures and equipment such as signals, switches and drainage structures on the south side of the existing tracks. Prior to the exercise of Grantor's right to terminate this Easement, the following process shall be followed: (a) Grantor shall notify Grantee as soon as reasonable practicable that it is considering a project that may require the closure of the Roadway; (b) Grantor shall promptly thereafter consult with Grantee for a period not to exceed (60) days to explore all commercially and operationally reasonable design alternatives to avoid or minimize the Roadway's closure; and (c) if Grantor reasonably determines after such consultation that the Roadway must be closed to accommodate Grantor's additional rail track, them Grantee shall have up to two (2) years after Grantor gives Grantee notice of such determination to cease using for highway purposes the portion thereof so required to be closed. All the provisions of this Easement Deed shall, so far as the Roadway remains on the Easement Area, apply to the Roadway as relocated. Grantee shall construct, maintain and repair the Roadway in good condition and repair so that no damage will result from its use to the adjacent land of Grantor, its successors and assigns. Grantee shall also construct, maintain and repair the Roadway in such manner not to cause any interference with Grantor's tracks and appurtenances or rail operations, or the facilities or access rights of utility companies or other occupants of the Easement Area. TO THE EXTENT IT MAY LAWFULLY DO SO, GRANTEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS GRANTOR AND ITS AFFILIATES, ITS AND THEIR OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS (THE "INDEMNITEES"), AGAINST AND FROM ANY AND ALL LIABILITY (INCLUDING, WITHOUT LIMITATION, STRICT, CONSEQUENTIAL OR PUNITIVE DAMAGES), CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES OF WHATSOEVER NATURE INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MAY RESULT FROM PERSONAL INJURY TO OR DEATH OF PERSONS WHOMSOEVER, OR DAMAGE TO OR LOSS OR DESTRUCTION OF PROPERTY WHATSOEVER, WHEN SUCH PERSONAL INJURY, DEATH, LOSS, DESTRUCTION OR DAMAGE, HOWSOEVER CAUSED, GROWS OUT OF OR ARISES FROM THE EXERCISE BY GRANTEE OF ANY OF THE EASEMENT RIGHTS HEREIN GRANTED, EXCEPT TO THE EXTENT CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF THE INDEMNITEES. THE TERM "AFFILIATE" (OR "AFFILIATES" AS THE CASE MAY BE) AS USED IN THIS EASEMENT DEED MEANS ANY CORPORATION WHICH 2 DIRECTLY OR INDIRECTLY CONTROLS, OR IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH GRANTOR. If Grantee, its successors or assigns, abandons the Easement Area or any portion of the Easement Area, for the purposes of the Easement, the Easement will cease and terminate with respect to the portion of the Easement Area so abandoned, and the title to the Easement Area will be freed from the burden of the Easement. Nonuse of the Easement Area or any portion thereof, for the purposes of the Easement for the period of one (1) year will be deemed an abandonment of the Easement Area or portion thereof not used. Grantor and Grantee have caused this Revocable Easement Deed to be executed as of the date first herein written. Attest: UNION PACIFIC RAILROAD COMPANY, a Delaware corporation Assistant Secretary (Seal) (Seal) 13y: Title: CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation By: Alan McGraw, Mayor 3 STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On , 2014, before me, , Notary Public in and for said County and State, personally appeared and , who are the and the Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public (Seal) STATE OF TEXAS ) ss. COUNTY OF WILLIAMSON ) On , 2014, before me, , Notary Public in and for said County and State, personally appeared , who is the of CITY OF ROUND ROCK, TEXAS, and who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) 00294377.DOC Notary Public 1.129 Acre Tract Page 1 of 3 City of Round Rock Roadway Easement February 06, 2014 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 1.129 ACRE (49,194 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.129 ACRE (49,194 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated point in the existing southerly Right -Of -Way of said U.P.R.R., same being the southerly boundary line of said remainder of 57.36 acre tract, for the southwesterly corner of the herein described tract, and from which a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found for an ell corner in the southerly boundary line of said remainder of 57.36 acre tract, same being in the westerly boundary line of original Lake Creek Subdivision, a subdivision of record in Cabinet B, Slides 283-284 of the Plat Records of Williamson County, Texas, also being an ell corner in the northerly boundary line of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, a subdivision of record in Cabinet X, Slides 358-360 of the Plat Records of Williamson County, Texas, bears along the curving (to the left) southerly Right -Of -Way of said U.P.R.R., having a delta angle of 01°37'43", a radius of 2814.93 feet, an arc length of 80.01 feet, and a chord which bears S 69'49'56" W for a distance of 80.01 feet to the calculated northwesterly corner of said Lake Creek Subdivision, same being an ell corner in said southerly boundary line of said remainder of 57.36 acre tract, and S 19'25'28" E with the westerly boundary line of said Lake Creek Subdivision, same being in said northerly boundary line of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, also being in said southerly boundary line of remainder of 57.36 acre tract, for a distance of 198.87 feet; THENCE, departing the southerly right.of-way line of said U.P.R.R. through said remainder of 57.36 acre tract, with the westerly, northerly and easterly lines of the herein described tract, the following eight (8) courses and distances: 1) N 19°25'28" W for a distance of 26.00 feet to the calculated northwesterly corner of the herein described tract; 2) N 70°41'06" E, for a distance of 2.12 feet to a calculated point 24.00 feet perpendicular and southerly from the approximate Point of Curvature (Station 8513+10) in the U.P,R.R. main line track; 3) continuing N 70°41'06" E, 24.00 feet southerly of and parallel with said U.P.R.R. main line track, for a distance of 550.88 feet to a calculated angle point; 4) N 76°21'18" E for a distance of 60.74 feet to a calculated angle point 30.00 feet southerly of said U.P.R.R. main line track (20.00 feet northerly of said U.P,R.R. southerly right-of-way line); 5) N 70°41'06" E, 30.00 feet southerly of and parallel with said U.P.R.R. main line track, for a distance of 929.12 feet to a calculated angle point; 6) N 63°26'22" E for a distance of 47.57 feet to a calculated angle point 24.00 feet southerly of said U.P,R.R. main line track (26.00 feet northerly of saki U.P.R.R. southerly right-of-way line)); 7) N 70°41'06" E, 24.00 feet southerly of and parallel with said U.P.R.R. main line track, for a distance of 529.19 feet to the calculated northeasterly corner of the herein described tract; 1.129 Acre Tract Page 2 of 3 City of Round Rock Roadway Easement February 06, 2014 8) S 19°18'54" E for a distance of 26.00 feet to the calculated southeasterly corner of the herein described tract in the saki U.P.R.R. southerly right-of-way line, same being in the southerly boundary line of said remainder of 57.36 acre tract; THENCE, with said U.P.R.R. southerly right-of-way line, same being the southerly boundary line of said remainder of 57.36 acre tract, the following two (2) courses and distances: 9) S 70°41'06" W for a distance of 2116.83 feet to a calculated point 50 feet perpendicular and southerly from said approximate Point of Curvature in the U.P.R.R. main line track, for the beginning of a curve to the left; 10) along said curve to the left, having a delta angle of 00°02'31", a radius of 2814.93 feet, an arc length of 2.07 feet, and a chord which bears S 70°40'13" W for a distance of 2.07 feet to the POINT OF BEGINNING, containing 1.129 acres (49,194 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WI NESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. U Lawrence M. Russo D' Registered Professional Land Su 'eyor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 ate ?1' MATCHLINE • DA 01 /31 /201,1 12f- )?,')//2(l41 /__C.ORN PARNO.1 PACX .5 OF MATCHLINE A MATCHLINE 13 CITY OF ROUND ROCK EASEMENT TRACT 1.129 ACRES 49,194 SQ. P7'. wil,Ey HARRIS SURVEY, ABSTRACT NO. 298 _1- 1 -----_-_-_---- - -II jtir ,I-1 )1)1- It. PROFf_SSIONAL LAND $1.1M1VEVOir 1 SO1 CHISHOIMTRAR RD. STE. ( ROUNO ROCK. TX. 78651 T1.012)2)8-120,FAX(SIT) TVI•1251 _ _ ASSIGNMENT AND ASSUMPTION AGREEMENT FOR VALUE RECEIVED, UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Assignor"), ASSIGNS AND TRANSFERS to CITY OF ROUND ROCK ("Assignee"), its successors and assigns, all of Assignor's right, title and interest in and to the leases and licenses (collectively, "Licenses") to the extent the Licenses affect the real property ("Property") described on Exhibits A, B, C, D, E, and F which Licenses are listed on Exhibit G. Assignee agrees, to the extent permitted by law, to (a) perform all of the obligations of Assignor pursuant to the Licenses as they relate to the Property accruing on and after the date hereof, and (b) indemnify, defend and hold Assignor harmless from and against any and all claims, causes of actions and expenses (including reasonable attorney's fees) incurred by Assignor and arising out of (1) Assignee's failure to comply with terms of the Licenses as they relate to the Property on and after the date hereof, or (2) claims under the Licenses as they relate to the Property by the licensees named in the Licenses accruing on and after the date hereof. This assignment is made and accepted without recourse against Assignor as to the performance by any party under such Licenses. All exhibits attached to this Agreement are incorporated herein for all purposes. Dated the day of , 2014. UNION r A IFIC RAILROAD COMPANY, a Delaware By: Title: URODNEY S. CARROLL DIRECTOR - REAL ESTATE CITY OF ROUND ROCK a Texas me Rule Ci By: Alan McGraw, Mayor 11.757 AC. TRACT Page 1 of 5 McNEIL ROAD — ROUND ROCK CITY LIMITS EAST TO IH -35 Revised 03/13/2014 EXHIBIT(__ PROPERTY DESCRIPTION DESCRIPTION OF A 11.757 ACRE (512,135 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE TRACT DESCRIBED IN REPORT OF JURY OF VIEW DATED AUGUST 19, 1895, AND FILED IN VOLUME 4, PAGE 89 OF THE WILLIAMSON COUNTY ROAD MINUTES, SAME BEING A PORTION OF THE TRACT DESCRIBED IN AN ORDER TO OPEN THE CALLED ROUND ROCK AND McNEIL ROAD, DATED AUGUST 17, 1898 AND FILED IN VOLUME 4, PAGE 243 OF THE WILLIAMSON COUNTY ROAD MINUTES, SAID 11.757 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS MADE UP OF 1) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY T. B. AND M. J. ASHER (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 622 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 2) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY J. W. WILBARGER (100 FOOT WIDE STRIP) IN VOLUME 17, PAGE 702, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 3) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. A. BLAIR (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 624 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 4) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY J. B. KEMP (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 625 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 5) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY H. B. SHEPPARD (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 627 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND 6) A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY F. A. ROBY (100 FOOT WIDE STRIP) IN VOLUME 17, PAGE 628, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 11.757 ACRE (512,135 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the approximate westerly limits of the City of Round Rock as described in Ordinance No. 3004 filed in Volume 1621, Page 544 of the Official Records of Williamson County, Texas, for the northwesterly corner of the herein described tract, and from which a 112" iron rod found for an ell corner in the west line of Cimarron 8-A (Lot 20, Block B), a subdivision recorded in Cabinet E. Slide 342, of the Plat Records of Williamson County, Texas, bears N57°20'39" W at a distance of 49.23', an angle point in the said approximate westerly limits of the City of Round Rock and N19°45'19" W at a distance of 198.14 feet: THENCE, departing the said westerly limits. with the northerly line of the herein described tract, same being the northerly Right -of -Way line of said U.P.R.R., the following nine (9) courses: 1) N 27°50'55" E for a distance of 203.60 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 2) N 2113'16" W for a distance of 66.18 feet to a calculated angle point (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 3) N 27°50'55" E for a distance of 1963.28 feet to a calculated point of curvature to the right (U.P.R.R. Station 8625+50, 100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 4) Along said curve to the right. having a delta angle of 13°35'42", a radius of 5829.65 feet, an arc length of 1383.26 feet, and a chord which bears N 34°38'46" E for a distance of 1380.02 feet to a calculated point of tangency (U.P.R.R. Station 8612+00, 100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 5) N 41°26'37" E for a distance of 2251.02 feet to a calculated angle point (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 6) S 21°13'16" E for a distance of 56.29 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line): 7) N 41°26'37" E for a distance of 1938.46 feet to a calculated angle point (50 feet northerly of the centerline of said U.P.R.R. Main Rail Line); 8) N 21°13'16" W for a distance of 56.29 feet to a calculated angle point (100' feet northerly of the centerline of said U.P.R.R. Main Rail Line); 9) N 41°26'37" E for a distance of 2217.63 feet to a calculated point in the westerly Right -of -Way line of Interstate Highway No. 35 (variable width Right -of -Way), for the northeasterly comer of the herein described tract; THENCE, departing the northerly Right -of -Way line of said U.P.R.R., with said westerly Right -of -Way line of Interstate Highway No. 35, same being the easterly Zine of the herein described tract, the following two (2) courses: 10) S 09°19'35" E for a distance of 26.19 feet to a calculated angle point; 11.757 AC. TRACT Page 2 of 5 McNEIL ROAD — ROUND ROCK CITY LIMITS EAST TO IH -35 Revised 03/13/2014 11) S 37°01'54" E for a distance of 55.84 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for the southeasterly comer of the herein described tract, from which the centerline of the U.P.R.R. Main Rail Line bears S 37°01'54" E with said westerly Right -of -Way line, at a distance of 38.78 feet, said southeasterly corner also being perpendicular to and 25.00' northerly of said centerline of the U.P.R.R. Main Rail Line; 12) S 44°1213" W for a distance of 270.00 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an angle point; THENCE, departing said westerly Right -of -Way line of Interstate Highway No. 35 with the southerly line of the herein described tract, through the interior of said U.P.R.R Right -of -Way, parallel with and 38.00 feet northerly from said centerline of the U.P.R.R. Main Rail Line the following three (3) courses: 12) S 41°26'37" W, at a distance of 1047.66, pass a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a point on line (P.O.L.), at a distance of 2367.66, pass a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a P.O.L., at a distance of 3687.66, pass a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a P.O.L., at a distance of 5007.66, pass a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a P.O.L., for a total distance of 6109.71 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a point of curvature (P.C.) to the left (U.P.R.R. Station 8612+00); 13) Along said curve to the left, at an arc distance of 217.96 feet (having a delta angle of 02°09'54", a radius of 5767.65 feet, and a chord which bears S 40°21'40" W for a distance of 217.95 feet), pass a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a point on curve, for a total delta angle of 13°35'42", a radius of 5767.65 feet, a total arc length of 1368.55 feet, and a chord (P.C. to P.T.) which bears S 34°38'46" W for a distance of 1365.34 feet to a Mag Nail with washer stamped "CORR ROW" set for a point of tangency (P.T.) (U.P.R.R. Station 8625+50); 14) S 27°50'55" W, at a distance of 1489.41 feet, pass a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a point on line (P.O.L.), for a total distance of 2211.25 feet to a Mag Nail with washer stamped "CORR ROW set in said approximate westerly limits of the City of Round Rock for the southwesterly comer of the herein described tract, from which the centerline of the U.P.R.R. Main Rail Line bears S 57°20'39" E at a distance of 38.13 feet; 15) THENCE, with said approximate westerly limits of the City of Round Rock, N 57°20'39" W for a distance of 12.04 feet to the POINT OF BEGINNING, containing 11.757 acres (512,135 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WIT SS MY HAND AND SEALacf d Rock, Williamson County, Texas. .7) wrence M. Russo egistered Professional Land Survey o. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 o.Zo14 Da MATCHLINE B P.T. 5625.50 CD 0 A) J 961 - 3 ,SS,OL.L2 9 MATCHLINE A 100' (-5 n z CD0 A) 62' ._ _ISO 00' r2.20X21 -5 Tc 5. 0 75 1 _ -' OF THE CI TYC•F 20050 ROCK 931_1621. FG 544 w 10 'w C T. ‘..-041/7 4108 ,'/J.' d uoiuq 1 W Messick Loop ,62'£961 - 3 ,SL,09.L2 N 0 ' E. Messick % Loop l MATCHLINE C MATCHLINE B �6. —0 • _ A z 0 G 'OO' o• 4108 J.' 'd J 5' MATCHLINE A GATE: 09/24/2013 REVISIONS: PAGE 3 CF 5 CITY OF ROUND ROCK 11.716 ACRES 510,333 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 INLAND.. C EODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (S12) 238-1200, FAX(512)238-1251 MATCHLINE F 1 1 3e' FO 1.1 St. Willis Street aRU AV A& !AII 62' 4 0 0 MATCHLINE E MATCHLINE G C rOn O C z N• F.+ tb 0 0 County - Road 172- _ no 0 0o Deep Wood Drive MATCHLINE F MATCHLINE D ,IL'6019 - M .L£,92.14 S + 62 n z C. 0 00 P. Oakridge Drive MATCHLINE E MATCHLINE D DATE: 09/24/2013 REV SIONS: 03/13/2014 PAGE 4 OF 5 CITY OF ROUND ROCK 11.757 ACRES 512,135 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 fINLAND.; GEODETICS : PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE 103 PH. (512)238-1200, FAX (512) 238-1251 O 0 O MATCHLINE J 38' ,LL'6019 - M .LG,9240 S 4' ;co' MATCHLINE I MATCHLINE H _ MATCHLINE G ,1['6019 - M .L£,92Jb S 00'0[2 - M ,£1,21.60 S P13a2i i?aMDVt r m z 62' MATCHLINE J MATCHLINE I 62 n a MATCHLINE H 5 co4 DATE: 09/24/2013 REVISIONS: 03/13/20;4 PAGE 5 OF 5 CITY OF ROUND ROCK 11.757 ACRES 512,135 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 1 N 1_ A N D GEODE TICS PROFESSIONAL LANG SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 PH.(512) 23S-1200. FAX(512) 231-1251 0.260 AC. TRACT Page 1 of 2 CHISHOLM VALLEY PARK Revised 12/19/2013 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.260 ACRE (11,330 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, SAID 0.260 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY T. B. AND M. J. ASHER (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 622 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF A CALLED PARK LOT AS DEPICTED ON CHISHOLM VALLEY, SECTION 1, A SUBDIVISION OF RECORD IN CABINET B, SLIDE 301 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.260 ACRE (11,330 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated angle point in the southerly Right -of -Way of the said U.P.R.R. (100 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being in the approximate northeasterly boundary line of Bellview Subdivision, a subdivision of record in Cabinet B, Slides 52-53 of the Plat Records of Williamson County, Texas, also being in the apparent easterly Right -of -Way of Trey Street (50 foot right-of-way width by Plat) for the southeasterly corner of the herein described tract, and from which a 1/2" iron rod found for the approximate northerly corner of Lot 1 said Bellview Subdivision at the intersection of said Trey Street and Bellview Avenue (50 foot right-of- way width by Plat), bears S41°36'53" W at a distance of 51.63; 1) THENCE, with the said approximate northeasterly boundary line of said Bellview Subdivision, same being said southerly Right -of - Way line of U.P.R.R., along the southerly line of the herein described tract, N 21°1316" W for a distance of 56.29 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an angle point in said southerly Right -of -Way of the saki U.P.R.R. (50.00 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being the northwesterly comer of said Bellview Subdivision. for the southwesterly corner of the herein described tract; THENCE, departing the southerly Right -of -Way line of said U.P.R.R., same being said Bellview Subdivision, through said U.P.R.R. Right -of - Way, with the westerly and northerly lines of the herein described tract, following three (3) courses: 2) N 41°26'37" E, for a distance of 209.78 feet to a 5/8" iron rod with aluminum cap stamped 'CORR ROW" set for the northwesterly comer of the herein described tract (50.00 feet southerly of the centerline of said U.P.R.R. Main Rail Line); 3) S 48°33'23" E, for a distance of 29.60 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for angle point, same being the northwesterly comer of said Chisholm Valley, Section 1, also being the northwesterly comer of said Park Lot conveyed to the City of Round Rock in Volume 604. Page 767 of the Deed Records of Williamson County. Texas: 4) N 88°25'04" E with the northerly line of said Chisholm Valley. Section 1 and said Park Lot, for a distance of 27.91 feet to a calculated point in the southerly Right -of -Way line of said U.P.R.R., for the northeasterly corner of the herein described tract, and from which a 1/2" iron rod found for the approximate northeasterly comer of said Park Lot in the northerly boundary line of said Chisholm Valley, Section 1 bears N88°25'04" E at a distance of 92.09 feet and N84°37'34" E at a distance of 126.05 feet; 5) THENCE, departing the said common northerly line. partially through the said Chisholm Valley, Section 1, same being said Park Lot, with the southerly Right -of -Way line of said U.P.R.R. and the easterly line of the herein described tract, S 41°26'37" W passing at a distance of 250.42 feet, the southerly line of said Chisholm Valley, Section 1, same being said Park Lot, and continuing for a total distance of 254.67 feet to the POINT OF BEGINNING, containing 0.260 acres (11,330 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System. Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WITN•S MY HAND AND SERound Rock, Williamson County, Texas. 0 1,/ w r+ ) ence M. Russo egistered Professional Land Sgyl+eyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 Q (?/t9/ZO(3 Date �S* TE9 q. s p � •ti °L'AW EDGE M RUSSO t L"9p 5050 �P / ••FES31DEVO UR' (so. 4IG:0,2"pe St\ 7.71.- `47.67, r �) 1 ` ■ rey St• I o t • i 0 -,- - Py �y Am3 ..:J •� "i1 Axpz O 4-0 w 1� `r r. 19 0 x C o• J (D z• 0 rci mo imp oQA O O ti NC2t O .< O H C 2 p, ISN row 00 „' .l•ro O 0 0 n A y 0/ 40: AWAJAIHO 13AV ) 0.7 50.00 0 79-00' yy ‘S' 1 0• /7 ,4101/ 0?b. 0 ,8!'602 3,/E,92.IbN ,I6'/2 3,00,5Z.0 00' 0 4 ID •0 w O DATE: 09/24/2013 REV 10NS: IO/C!/2CI3 PAGE2OF2 CITY OF ROUND ROCK 0.260 ACRES 11,330 SQ. FT. JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 INLAND. GF_ODETICS PROFESSIONAL LANE/ SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH.(512)238-1200, FAX(5121238-12 2.043 AC. TRACT McNEIL ROAD — EAST OF IH -35 EXHIBIT G PROPERTY DESCRIPTION Page 1 of 3 Revised February, 27, 2014 DESCRIPTION OF A 2.043 ACRE (88,978 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, SAID 2.043 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. (WASHINGTON) ANDERSON AND WIFE MARY A. ANDERSON (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 621 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.043 ACRE TRACT ALSO ENCOMPASSES MOST OF THE +1- 50 FOOT WIDE TRAVELED WAY OF McNEIL ROAD (VARIABLE WIDTH RIGHT-OF-WAY) FROM THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY No. 35 (VARIABLE WIDTH RIGHT-OF-WAY) TO THE APPROXIMATE INTERSECTION WITH WEST FLORENCE STREET, SAID 2.043 ACRE (88,978 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for the southwesterly corner of the herein described tract, and from which a broken Type 1 concrete Right -of -Way monument found for an angle point in said easterly Right -of -Way of Interstate Highway No. 35 (200 feet right of baseline Station 1367+50) bears S28°45'31" E passing at a distance of 169.66, another broken Type 1 concrete Right -of -Way monument (approx baseline Station 1368+08), same being the southwesterly corner Bellview Drive (Right of Way width undetermined), also being an angle point in the northerly line of the called W. T. Sappington's Addition to the City of Round Rock, a subdivision of record in Cabinet A, Slide 83B of the Plat Records of Williamson County, Texas, and SO4'58'15" E ata distance of 64.30 feet, said Beginning point also being located 25 feet northerly of the centerline of the curving Georgetown Spur line northerly of said U.P.R.R. Main Rail Line; THENCE, with the easterly Right -of -Way of said Interstate Highway No. 35, N 28°45'31" W, for distance of 62.43 feet to the intersection with the northerly Right -of -Way of said U.P.R.R. (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line) for the northwesterly corner of the herein described tract, said calculated point being approximately 10.6 feet southerly of the existing northerly back of curb of the existing asphalt traveled way of said McNeil Road THENCE, departing the easterly Right -of -Way of said Interstate Highway No. 35 with the southerly Right -of -Way of said U.P.R.R., generally with said existing asphalt traveled way of said McNeil Road, same being the northerly line of the herein described tract, the following two (2) courses: 1) N 41°26'37" E, for a distance of 1535.38 feet to the calculated point of curvature to the right (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line Station 8527+60); 2) along said curve to the right, having a delta angle of 06°35'35", a radius of 2964.93, passing at an arc length of 316.0 feet, the southerly back of curb of the existing asphalt traveled way of said McNeil Road, and continuing outside the paved traveled way for a total distance of 341.17 feet, and a chord which bears N 44°44'25" E for a distance of 340.98 feet to a 5/8" iron rod with aluminum cap stamped 'CORR ROW" set for the easterly corner of the herein described tract, said point being N 41'57'48" W at a distance radially of 100.00 feet from said centerline of U.P.R.R. Main Rail Line, and from which the calculated intersection of the northerly Right -of -Way of said U.P.R.R. (100 feet northerly of the centerline of said U.P.R.R. Main Rail Line) and the westerly line of a called 3.00 acre easement (unrecorded) conveyed by said International & Great Northern Railroad (U.P.R.R.) to the State of Texas for the construction of State Highway #2 (Mays Street) overpass, bears along a continuation of said curve to the right, an arc distance of approximately 37.0 feet; THENCE, departing the northerly Right -of -Way line of said U.P.R.R., generally parallel with and 10 feet from the existing southerly back of curb of said McNeil Road, along the southerly line of the herein described tract, the following six (6) courses: 3) along a curve to the right, having a delta angle of 20°06'53", a radius of 264.41 feet, an arc length of 92.83 feet, and a chord which bears S 29°46'41" W for a distance of 92.35 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for a point of tangency; 4) S 39°50'08" W, for a distance of 385.10 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an angle point; 2.043 AC. TRACT McNEIL ROAD — EAST OF IH -35 5) S 41°24'30" W, for a distance of 383 angle point; 6) S 41°29'30" W, fora distance of 457 angle point; 7) S 41°21'47" W, for a distance of 266 angle point; 8) S 38°05'12" W, fora distance of 160 angle point; THENCE, S 41°26'37" W, for a distance of square feet) of land, more or Tess Page 2 of 3 Revised February, 27, 2014 .54 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an .02 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an .86 feet to a 5/8" iron rod with aluminum cap stamped 'CORR ROW" set for an .89 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for an 153.52 feet to the POINT OF BEGINNING, containing 2.043 acres (88,978 All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WISS MY HAND AND SEEL at Round Rock, Williamson County, Texas. int_St—Ak.e 1"A • CD awrence M. Russo Registered Professional Land Surveyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 oepeo/zo t 4 ate • LAWRENCE. ti 5 �•••..•NN:^ ',.71.. a .',; 1••N•114. 1i 6050 sU 5) A FIELDNOTE DESCRIPTION ACCOMPANIES TNIS r Om MATCHLINE B MATCHLINE A 0 la A CSof M .610,0S.6f S U ex�sn ;vG r) E Z Z Z mm poM F1D� MATCHLINE B MATCHLINE A DATE: 09/24/2013 REVISIONS: Revised from original 2.057 oc. tract. PAGE 3 OF 3 CITY OF ROUND ROCK 2.043 ACRES 881978 Sq, FT, WILEY HARRIS SURVEY, ABSTRACT NO. 298 I N L A N Du eL GEODETICS i PROFESSIONAL LAND SURVEYORS 1sa5N1tt MTV!!% t193 ROUND ROCK, TX. 7K81 M. (512) 233-1200, FAX (S12) 238-125, 0.661 AC. TRACT Page 1 of 2 BELLVIEW DRIVE FROM IH -35 EAST TO NASH STREET EXHIBIT D PROPERTY DESCRIPTION DESCRIPTION OF A 0.661 ACRE (28,791 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, SAID 0.661 ACRE TRACT LIES WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD (U.P.R.R.), FORMERLY THE INTERNATIONAL & GREAT NORTHERN RAILROAD, AND IS A PORTION OF LANDS CONVEYED TO SAID INTERNATIONAL & GREAT NORTHERN RAILROAD BY W. (WASHINGTON) ANDERSON AND WIFE MARY A. ANDERSON (200 FOOT WIDE STRIP) IN VOLUME 17, PAGE 621 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.661 ACRE TRACT ALSO ENCOMPASSES ALL OF THE +/- 20 FOOT WIDE TRAVELED WAY OF SAID BELLVIEW DRIVE (RIGHT-OF-WAY WIDTH UNDETERMINED) FROM THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY No. 35 (VARIABLE WIDTH RIGHT-OF-WAY) TO NASH STREET (RIGHT-OF-WAY WIDTH UNDETERMINED) NORTHERLY OF W. T. SAPPINGTON'S ADDITION TO THE CITY OF ROUND ROCK, A SUBDIVISION OF RECORD IN CABINET A, SLIDE 83B, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, THE CALLED WASHINGTON ANDERSON ADDITION, AN UNRECORDED SUBDIVISION AND THE CALLED MONROE MERCER SUBDIVISION, AN UNRECORDED SUBDIVISION (SEE VOLUME 347, PAGE 105, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS), SAID 0.661 ACRE (28,791 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated intersection of the southerly Right -of -Way of said U.P.R.R. (100 feet southerly of the centerline of said U.P.R.R. Main Rail Line) and the easterly Right -of -Way of said Interstate Highway No.35 for the southeasterly corner of the herein described tract, and from which a broken Type 1 concrete Right -of -Way monument for an angle point in the said easterly Right -of -Way of said Interstate Highway No.35 (200 feet right of baseline Station 1367+50) bears S28°45'31" E at a distance of 19.53, a broken Type 1 concrete Right -of -Way monument (approx baseline Station 1368+08) and SO4°58'15" E at a distance of 64.30 feet; 1) THENCE. departing the southerly Right -of -Way of said U.P.R.R. with the easterly Right -of -Way of said Interstate Highway No.35, same being the southerly line of the herein described tract, N 28°45'31" W for a distance of 31.88 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for the southwesterly comer of the herein described tract (70 feet southerly of the centerline of said U.P.R.R. Main Rail Line); THENCE, departing the easterly Right -of -Way of said Interstate Highway No.35, through the Right -of -Way of said U.P.R.R., with the westerly and northerly lines of the herein described tract, the following two (2) courses: 2) N 41°26'37" E, for a distance of 954.44 feet to a 5/8" iron rod with aluminum cap stamped "CORR ROW" set for the northwesterly comer of the herein described tract (70 feet southerly of the centerline of said U.P.R.R. Main Rail Line), same being the approximate intersection of the northerly line of said Bel!view Drive and the easterly line of said Nash Street; 3) S 48°19'09" E for a distance of 30.00 feet to a calculated point in the southerly Right -of -Way line of said U.P.R.R., for the northeasterly corner of the herein described tract; 4) THENCE. crossing the northerly end of said Nash Street. with the southerly Right -of -Way line of said U.P.R.R., S 41°26'37" W for a distance of 965.11 feet to the POINT OF BEGINNING, containing 0.661 acres (28,791 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WIT S MY HAND AND S et�Round Rock. Williamson County, Texas. ence M. Russo VP...c/2.01 egistered Professional Land Surveyor No. 5050 Inland Geodetics, LLC Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 9r era RUSS(; 5056 4. . FSS;a 0.; 5) A FIELONOTE DESCRIPTION ACCOMPANIES IN5 E'. MATCHLINE A .S310N 1.3A nS s TISBiM 91 O b q On T � M y (0 d CDN▪ • 107 -J._ N 5813'0 S" -N _ o rg LIG Mainjia •1__ bq MATCHLINE A Z a DATE: 09/24/2013 REVISIONS: PAGE 2 05 2 CITY OF ROUND ROCK 0.661 ACRES 28,791 SQ. FT. WILEY HARRIS SURVEY, ABSTRACT NO. 298 INLAND, GEODETICS PROFESSIONAL LANG SURVEYORS 1504 CHISHOLM TRAIL RD. STE, 103 ROUND ROCK, TX. 78681 PH. 1512)238-1200, FAX (5121238-1251 0.236 AC. Page 1 of 3 U.P.R.R. Remainder Tract EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.236 ACRE (10,266 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.236 ACRE (10,266 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at the calculated northwesterly corner of a called 2.1355 acre tract of land conveyed to the City of Round Rock, Texas in Document No. 2013081105 (Tract I) of the Official Public Records of Williamson County, Texas, same being an angle point for the cutback between the southerly right-of-way of Bagdad Avenue (80' right-of-way width) and the easterly right-of-way of Mays Street (right-of-way width varies), and from which a 1/2" iron rod found bears S 21'28'07" E at a distance of 2.71 feet; THENCE, with the southerly right-of-way line of said Bagdad Avenue, along the northerly boundary line of said Tract I, and the northerly boundary line of that called 0.8791 acre tract of land (Tract II) conveyed to said City of Round Rock, Texas in the above said Document, N 70°42'59" E, for a distance of 785.17 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the northwesterly corner and POINT OF BEGINNING of the herein described tract, same being the northeasterly corner of said Tract II; 1) THENCE, continuing with the southerly right-of-way line of said Bagdad Avenue, same being the northerly boundary line of said remainder of 57.36 acre tract owned by said U.P.R.R., N 70°42'59" E for a distance of 110.15 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the northeasterly corner of the herein described tract; 2) THENCE, departing the southerly right-of-way line of said Bagdad Avenue, through said remainder of 57.36 acre tract, S19°25'28" E for a distance of 92.04 feet to a 1/2" iron rod with aluminum cap stamped "CORR" set for the southeasterly corner of the herein described tract, same being radially 25 feet northerly from the centerline of the U.P.R.R. siding track, said siding track being concentric with and northerly of the U.P.R.R. main line track, and from which the calculated northwesterly corner of Lake Creek Subdivision, a subdivision of record in Cabinet B, Slides 283-284 of the Plat Records of Williamson County, Texas bears S 19°25'28" E at a distance of 92.96 feet, also from which a 1/2" iron rod with plastic cap stamped "Baker-Aicklen" found for an ell corner in the southerly boundary line of said remainder of 57.36 acre tract in the westerly boundary fine of said Lake Creek Subdivision, also being an ell corner in the northerly boundary line of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, a subdivision of record in Cabinet X, Slides 358-360 of the Plat Records of Williamson County, Texas, bears S19°25'28" E at a distance of 291.83 feet; 44 0.236 AC. U.P.R.R. Remainder Tract Page 2 of 3 3) THENCE, along a curve to the left, parallel with and 25 feet northerly from said siding track, having a delta angle of 02°03'42", a radius of 3062.12 feet, an arc length of 110.18 feet, and a chord which bears S 69°09'52" W for a distance of 110.18 feet to a 1/2" iron rod with aluminum cap stamped 'CORR" set for the southwesterly corner of the herein described tract, same being the southeasterly corner of said 0.8791 acre tract, and from which a 1/2" iron rod found for the southwesterly corner of said 2.1355 acre tract, same being in the easterly right-of-way of Mays Street bears S 58°47'30" W at a distance of 878.38 feet; 4) THENCE, with the easterly boundary line of said 0.8791 acre tract, N 19°25'50" W for a distance of 95.02 feet to the POINT OF BEGINNING, containing 0.236 acres (10,266 square feet) of land, more or less; All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. SS MY HAND AND SEALRound Rock, Williamson County, Texas. ts,c) n 001 4- wrence M. Russo Sate egistered Professional Land Surveyor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 MAYS STREET (RIGHT-OF-WAY WIDTH VARIES) I p ?� z O 91 O -< 9, O N O .s gAosa n (M;TI4'I)'W 13! 657 m 8 Pa 5 4.8 2 0. R 8 2 01 m 0 e (04171')0'[ 54 817 S19'25'28'8 294.8.3' 51925'28" 92.04' ) b ,OS .l 31voS 0 U SHEPPARD STREET (80' RIGHT-OF-0AV) -111ete ONUS 2 SURNETT STREET (80' RIGHT -05 -WAY) swysu3/ij P }tlM-� 1i n O wN ri c1 � L ri x (als 13Na�8 �7 � 133 Ot+3358 '3 d 00130301 3103.1300148 8 DATE: 01/16/2014 REVISIONS: S: /_CORR-PROJECTS/UPRR-PARKLN PACE 3 OF 3 CITY OF ROUND ROCK 0.236 ACRES (10,266 Sq. Ft.) REMAINDER PORTION 57.36 ACRES VOL. 22, PAGE 441 D.R. W.C.T. WILEY HARRIS SURVEY, ABSTRACT NO. 298 INLAND; GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 0.169 AC. Page 1 of 2 U.P.R.R. Remainder Tract EXHIBIT P PROPERTY DESCRIPTION DESCRIPTION OF A 0.169 ACRE (7,362 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.169 ACRE (7,362 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated northeasterly comer of a called 0.236 acre tract out of said remainder of 57.36 acres intended to be conveyed to the City of Round Rock, Texas, same being in the southerly right-of-way line of Bagdad Avenue (80' right- of-way width), also being in the northerly boundary line of said remainder of 57.36 acre tract, said point is also the southerly projection of the westerly right-of-way line of Burnett Street (80' right-of-way width), for the northwesterly comer of the herein described tract; 1) THENCE, with the southerly right-of-way line of said Bagdad Avenue, same being the northerly boundary line of said remainder of 57.36 acre tract, N 70°42'59" E for a distance of 80.00 feet to the calculated northeasterly comer of the herein described tract in the southerly projection of the easterly right-of-way Zine of said Bumett Street; 2) THENCE, departing the southerly right-of-way line of said Bagdad Avenue, through said remainder of 57.36 acre tract, S19°25'28" E for a distance of 92.36 feet to the calculated southeasterly corner of the herein described tract, same being radially 25 feet northerly from the centerline of the U.P.R.R. siding track, said siding track being concentric with and northerly of the U.P.R.R. main line track; 3) THENCE, along a curve to the left, parallel with and 25 feet northerly from said siding track, having a delta angle of 01°29'49", a radius of 3062.12 feet, an arc length of 80.00 feet, and a chord which bears S 70°56'38" W for a distance of 80.00 feet to the calculated southwesterly comer of the herein described tract, same being the southeasterly corner of said 0.236 acre tract; 4) THENCE, with the easterly boundary line of said 0.236 acre tract, N 19°25'28" W for a distance of 92.04 feet to the POINT OF BEGINNING, containing 0.169 acres (7,362 square feet) of land, more or less; All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. ESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. �.N,¢t o� H . ` s,i, a r eA ta7 /ZCof ?£) t4 ence M. Russo ate egistered Professional Land Su yor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 1- J 6 W m H U (.1 Z W co �3p 0 rn N � A a) rn t0 cn Cr) N Fc -i) N O O U O O CO o O rn M U O O co O O a1 tai N O M lV Np r0 o O O O N 1- -J t 0) fq O Icy N) Q N O N N O N O O Z U U Wad 0o m W BLOCK 11 (AvM-.10-1H0121 ,09) 13381S 113N8178 3 1- 0 0 W Ci V QI NEQ Ln- ( Cct VQ.C) cCK 4-OpNt.: ./ CS Q.. ac~i st; 410 RE jg .91" Z6 39261S • a ,. U 44 CrCif CA CO CV „WOZ6 M,9L.5L61N POINT OF BEGINNING cti < 0 3 0 0 C 4 O ti W --It k Ls- APPROXIMATE LOCATION 0, P.C. 8513+10 (N72 35 207E 0 EXHIBIT "G " U.P.R.R. REAL ESTATE DEPARTMENT SALE OF LAND CITY OF ROUND ROCK,TX MILE POST NO. 160.9-163.2_ FOLDER NO. 0274874 PROJECT AUDIT FOLDER FNET IMAGES LEG STAT PARTY NAME PURPOSE MANAGER COUNTY QTY 5T SUBDV MP START ANNUAL AMT DISPOSITION CONTAINED 24726 CA49091 1 Active TEXAS POWER & LIGHT COMPANY Crossing_Wireline Kathleen L Nesser Williamson ROUND ROCK D( AUSTIN 1 161.7 $0 Assigned Partially C n Y aaaa - C - r as Y fl a •Y a -- Y - a ;1; aaa YY Y a Y as Y -El CC 4< NY C 44 Y a" a" N 4 YY yYY " a YY aa Y aaa 9 Opp aaa OD eD Op 9 0p a 9 0p a" O 00 a 9999 0p 00 4444 00 0p $99 0p 444 0p 00 9 0p a 00 :14 OD 9 " as $o $0 a a as aaa a $0 $0 HH a - a h - w h a aaaa $D[ $ o" �e •.-i rry o.n 8'm� .n., o $ o �mo,ry .+�c n ohm . m AUSTIN AUSTIN Z Z_ Z_ a AUSTIN --- Austin Georgetown Ind Ld Austin x a' Austin&Georgetown Ld_ AUSTIN 1 AUSTIN 1 AUSTIN 1 AUSTIN AUSTIN z 0 0 < AUSTIN z_ Z 0 G < < Z_ t a z_ t < Z Z t 0 aaaa' z z G t z E <<< z G x x <' z x < a x a' ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK_ ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK I1ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK ROUND ROCK MCNEIL ROUND ROCK ROUND ROCK ROUND ROCK AUSTIN ROUND ROCK ROUND ROCK 0 0 E E §§ 0 0 E E _ - §§ 0 E 3 o E 3 0 E 3 0 E S 3 0 E = 3 0 0 E E o c 3 3 FIFA E E E = = o 3 3 3 0'0 E' E c = 3', 3 z z 9 a a 3 3 z 9 Fc a 3 z 9 .i a 3 2 z 9 9 E f ¢ a 3 3 2 z 9. 9 f', f a � a 3' 3 ZZZZ 9999 f .i. aaaa d d 3 3 f d d 3 3 c c 0 0 0 EE E - c = §§ 3 0 E c 3 `o E 3 Kathleen L Nesser Kathleen L Nesser Kathleen L Nesser Kathleen L Nesser Kathleen L. 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Nesser Crossing Pipeline Crossing Pipeline Crossing - Wireline Crossing Pipeline Crossing - Wireline Crossing - Wireline 3 °D o Crossing Pipeline Crossing - Wireline Crossing Pipeline Crossing Pipeline Crossing - Wireline Crossing Pipeline Crossing Pipeline Crossing- Wireline Consent Pipeline Crossing In Public ROW Crossing- Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wire Exhibit to Master Crossing - Wireline Encroachment - Wireline Encroachment - Pipeline Crossing Wireline Crossing Pipeline Crossing - Wireline Crossing - Wireline Crossing - Wireline Crossing Pipeline 3 gu CITY OF ROUND ROCK TX THE CITY OF ROUND ROCK, TX TEXAS POWER & LIGHT COMPANY CITY OF ROUND ROCK TEXAS POWER & LIGHT COMPANY TEXAS POWER & LIGHT COMPANY TIME WARNER ENTERTAINMENT- ADVA CITY OF ROUND ROCK TEXAS POWER & LIGHT COMPA_ N Y CIN OF ROUND ROCK CITY OF ROUND ROCK TEXAS POWER & LIGHT COMPANY CITY OF ROUND ROCK CITY OF ROUND ROCK, TEXAS. 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