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R-2014-1341 - 4/24/2014RESOLUTION NO. R-2014-1341 WHEREAS, the City desires to purchase certain property interests necessary for the Chandler Creek Wastewater Line Project, and said tracts ("Property") are described as follows: a permanent wastewater easement interest in and to two parcels of land totaling approximately 2.266 acres of land; and a temporary easement interest in and upon approximately 7.634 acres of land, and WHEREAS, Cressman Enterprises, L.P., the owner of the Property, has agreed to sell said Property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Cressman Enterprises, L.P., for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April, 2014. ATTEST: SARA L. WHITE, City Clerk 0112 1404, 00296676 ALAN MCGRAW, Mayor City of Round Rock, Texas EXHIBIT „A„ REAL ESTATE CONTRACT CHANDLER CREEK WASTEWATER LINE This Real Estate Contract ("Contract") is entered into between CRESSMAN ENTERPRISES, L.P., a Texas limited partnership, ("Seller"), and the CITY OF ROUND ROCK, a Texas home -rule municipal corporation ("Buyer") upon the terms and conditions set forth as follows: 1. Purchase and Sale of Property 1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, a permanent wastewater easement easement interest in and to two parcels of land totaling approximately 2.266 acres, and a temporary easement interest in and upon approximately 7.634 acres, all located in Williamson County, Texas, and being more particularly described by metes and bounds in Exhibits "A-1 & A-2" and accompanying drawings in Exhibits "B-1 & B-2", all attached hereto and incorporated herein. 1.02 The real property interests described above, and any rights or appurtenances are referred to in this Contract as the "Property". 2. Sales Price 2.01 Amount of Sales Price. The sales price for the Property shall be the sum of ONE HUNDRED FIFTY SIX THOUSAND ONE HUNDRED FORTY NINE and NO/100 DOLLARS ($156,149.00)("Sales Price"). 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in cash at the closing. 3. Buyers Obligations 3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Buyer at or before the closing). 3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller, at Seller's expense, will obtain from the Title Company a preliminary title report ("Title Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. (A) Buyer will give Seller written notice on or before the expiration of 10 days after Buyer receives the Title Report that the condition of title as set forth in the Title Report is or is not satisfactory. (B) In the event that Buyer states that the condition is not satisfactory, Seller. will promptly undertake to assist Buyer to eliminate or modify all unacceptable matters to the 00295614.DOCX REAL ESTATE CONTRACT CHANDLER CREEK WASTEWATER LINE This Real Estate Contract ("Contract") is entered into between CRESSMAN ENTERPRISES, L.P., a Texas limited partnership, ("Seller"), and the CITY OF ROUND ROCK, a Texas home -rule municipal corporation ("Buyer") upon the terms and conditions set forth as follows: 1. Purchase and Sale of Property 1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, a permanent wastewater easement easement interest in and to two parcels of land totaling approximately 2.547 acres, and a temporary easement interest in and upon approximately 7.634 acres, all located in Williamson County, Texas, and being more particularly described by metes and bounds in Exhibits "A-1 & A-2" and accompanying drawings in Exhibits "B-1 & B-2", all attached hereto and incorporated herein. 1.02 The real property interests described above, and any rights or appurtenances are referred to in this Contract as the "Property". 2. Sales Price 2.01 Amount of Sales Price. The sales price for the Property shall be the sum of ONE HUNDRED SIXTY SIX THOUSAND FIVE HUNDRED FIFTY THREE and NO/100 DOLLARS ($166,553.00)("Sales Price"). 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in cash at the closing. 3. Buyers Obligations 3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Buyer at or before the closing). 3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller, at Seller's expense, will obtain from the Title Company a preliminary title report ("Title Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. (A) Buyer will give Seller written notice on or before the expiration of 10 days after Buyer receives the Title Report that the condition of title as set forth in the Title Report is or is not satisfactory. (B) In the event that Buyer states that the condition is not satisfactory, Seller will promptly undertake to assist Buyer to eliminate or modify all unacceptable matters to the 00293370.DOCX reasonable satisfaction of Buyer. In the event the Seller is unable to so within 10 days after receipt of written notice, this Contract may be terminated in writing by Buyer. Otherwise, this condition will be deemed acceptable and any objection by the Buyer will be deemed waived. 3.03 Survey. Buyer, at Buyer's expense, will obtain a current plat or survey of the permanent easement Property, prepared by a licensed Texas land surveyor selected by Buyer. 3.04 Seller's Full Compliance. Seller will have complied with all of the covenants, agreements, and conditions required by this Contract by the closing date. 4. Representations and Warranties of Seller Seller represents and warrants to Buyer, as of the closing date, as follows: 4.01 There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Buyer. 4.02 The Property herein is being conveyed to Purchaser under threat of condemnation. 4.03 Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it. 4.04 Seller is not aware of any material physical defects to the Property. 4.05 Seller is not aware of any environmental hazards or conditions that affect the Property. 4.06 Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers. 5. Closing 5.01 Date and Location. The closing will be held at the office of Texas American Title Company ("Title Company"), on or before April 15, 2014 ("Closing Date"), or at a time, date, and place agreed on by Seller and Buyer. 5.02 Sellers Responsibilities at Closing. At the closing Seller will: (A) Deliver to Buyer a properly executed and acknowledged Wastewater Easement (the "Easement") conveying such property interest in and to all of the Property, free of all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: Any exceptions approved by Buyer in accordance with Section 3 of this Contract; and Any exceptions approved by Buyer in writing. 2 (B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's interest in and to the Property subject to the title exceptions listed in herein, to any other exceptions approved in writing by Buyer, and to those standard printed exceptions contained in the usual form of Texas Owner's Title Policy, with the following exceptions: (i) The boundary and survey exceptions will be deleted; (ii) The exception as to restrictive covenants will be endorsed "None of Record"; and (iii) The exception as to the lien for taxes will be limited to the year of closing and will be endorsed "Not Yet Due and Payable." (C) Deliver to Buyer possession of the Property. (D) The form of the Easement document shall be as shown in Exhibit "C" attached hereto and incorporated herein. 5.03 Price. Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales 5.04 Prorations. General real estate taxes for the current year relating to the Property, interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs before the tax rate has been fixed for the current year, the apportionment of taxes will be on the basis of the tax rate for the preceding year applied to the latest assessed valuation. All special taxes or assessments to the Closing Date will be paid by Seller. 5.05 Apportionment of Costs. All costs and expenses of closing in consummating the sale and purchase of the Property will be paid as follows: (A) Owner's Title Policy paid by Buyer. (B) Survey paid by Buyer. (C) Easement, tax certificates, and title curative matters, if any, paid by Buyer. (D) All other closing costs to be paid by Buyer. (E) Attorney's fees paid by each respectively. 3 6. Breach by Seller 6.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Property for any reason (except for Buyer's default), Buyer will have the right to: (A) Enforce specific performance of this Contract; or (B) Request that the Escrow Deposit, if any, will be returned by the Title Company to Buyer. 7. Breach by Buyer 7.01 Seller's Rights in the Event of Breach by Buyer. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Buyer's obligations set forth herein having been satisfied and Buyer being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Buyer to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Buyer. 8. Miscellaneous Provisions 8.01 Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated by this Contract, will survive the closing. 8.02 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Buyer, as the case may be, at the address set forth in the signature block below. 8.03 Texas Law to Apply. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 8.04 Parties Bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 4 8.05 Legal Construction. In case any one or more of the provisions contained in this Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed. 8.06 Prior Contracts Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter of this Contract. 8.07 Time of Essence. Time is of the essence in this Contract. 8.08 Memorandum of Contract. Upon the request of either party, both parties will promptly execute a memorandum of this Contract suitable for filing of record. 8.9 Compliance. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title insurance, or Buyer should have the abstract covering the Property examined by an attorney of Buyer's own selection. 8.10 Effective Date. This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. 8.11 Counterparts. This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. 8.12 Signature Warranty Clause. The signatories to this contract represent and warrant that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively. The parties are signing this Contract on the dates indicated. SELLER: CRESSMAN ENTERPRISES, L.P., a Texas limited partnership By:/ 12 e t ( L Its: f Date: 5 BUYER: CITY OF ROUND ROCK, TEXAS By: ADDRESS: 221 East Main Street Alan McGraw, Mayor Round Rock, Texas 78664 Date: 6 EXHIBIT "A"-,1. City of Round Rock 20 Foot Wide Utility Easement METES AND BOUNDS DESCRIPTION OF A 0.228 ACRE TRACT OF LAND OUT OF THE CRESSMAN ENTERPRISES, L.P. TRACT LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 0.228 ACRE (9,918 SQUARE FEET) TRACT OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; SAID 0.228 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 78.41 NET ACRE TRACT OF LAND (TRACT 1) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., A TEXAS LIMITED PARTNERSHIP, FILED JULY 8, 2003, AND RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); WITH SAID 0.228 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod yellow plastic cap (unreadable) found marking a corner of said 78.41 acre tract, said point also marking the easternmost northwest corner of Lot 10, Block F, Legends Village Section 2, Phase 4, filed on November 3, 2010, and recorded in Document No. 2010074432, O.P.R.W.C.T.; THENCE South 88° 16' 28" East, with a south line of said 78.41 acre tract, same being the north line of said Legends Village Section 2, Phase 4, a distance of 135.41 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract; THENCE North 03° 20' 32" East, departing the north line of said Legends Village Section 2, Phase 4, and traveling across the interior of said 78.41 acre tract, a distance of 492.45 feet to a calculated point for the northwest corner of the herein described tract, said point being on a north line of said 78.41 acre tract, said point also being on the south line of that certain called 134.62 acre tract of land described in said Warranty Deed to Cressman Enterprises, L.P., recorded in Document No. 2003063811, O.P.R.W.C.T., and from which a 1/2 -inch iron rod found marking the northeast corner of Lot 1, Block F, Legends Village Section 2, Phase 3, filed on June 14, 2011, and recorded in Document No. 2011038590, O.P.R.W.C.T. bears South 72° 59' 24" West, at a distance of 163.49 feet, said iron rod also marking a common corner of said 78.41 acre tract and said 136.42 acre tract THENCE North 72° 59' 24" East, with the common line of said 78.41 acre tract and said 134.62 acre tract, a distance of 21.33 feet to a calculated point for the northeast corner of the herein described tract; THENCE South 03° 20' 32" West, departing said common line, and traveling across the interior of said 78.41 acre tract, a distance of 499.30 feet to a calculated point for the southeast corner of the herein described tract, said point being on a south line of said 78.41 acre tract, same being the north line of said Legends Village Section 2, Phase 4; Page 1 of 3 Exhibit "A'continued Description of a 0.228 acre tract THENCE North 88° 16' 28" West, with the common line of said 78.41 acre tract and said Legends Village Section 2, Phase 4, a distance of 20.01 feet to the POINT OF BEGINNING and containing 0.228 acre (9,918 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock, Texas. Temporary Construction Easement In addition, it is intended to create a twenty-five (25) foot wide Temporary Construction Easement adjacent and parallel to the west and east lines of the above-described City of Round Rock twenty (20) foot wide Utility Easement. These Temporary Construction Easements contain a combined computed area of 0.569 acre (24,794 square feet) of land. This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A-4616 attached hereto is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. -Daniel M. Flaherty, R.P.L.S. No. 5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 See attached Plat No. A-4616 22871-FN01.doc Page 2 of 3 DANIEL M. FLAHERTY 11-11-2013 Date EXHIBIT "B'%1. DRAWING TO At;COMPANY METES AND BOUNDS DESGAIPTION OF A CITY OF ROUND ROCK 20 FOOT WIDE (0.228 ACRE) UTILITY EASEMENT AND A 25 FOOT WIDE (COMBINED 0.569 ACRE) TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS AND BEING PART OF A CALLED 78.41 ACRE TRACT OF LAND (TRACT 1) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS E 0 O EASEMENTSd \DWG\SUR :\ PROJECTS \22 0EY Eg 51-3 291.06 RA COLI TY 1•E Wt$1A0 SUBDIVISION LINE CALLED 134.62 ACRES (TRACT 3) CRESSMAN ENTERPRISES, L.P. DOCUMENT #2003063811 0.P.R.W.C.T. FILED: JULY 8, 2003 N 72'59'24"E 21.33' S 72'59'24" W 163.49' C25 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 0.280 ACRE (12,204 SQ. FT.) LEGENDS VILLAGE SECTION 2, PHASE 3 DOCUMENT #2011038590 0.P.R.W.C.T. FILED: JUNE 14, 2011 FIELD NOTE POINT OF BEGINNING S 8816'28" E 135.41' 1/2" IRON ROD FOUND WITH YELLOW PLASTIC CAP (UNREADABLE) LEGENDS VILLAGE SECTION 2, PHASE 3 DOCUMENT #2011038590 0.P.R.W.C.T. FILED: JUNE 14, 2011 HYDE (50' w I Y 0 Om w 0 0V J OJ 64 CO PARK DR. ., F R.0.W.) r7 LEGEND = 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) Q = 1/2" IRON ROD SET WITH PLASTIC CAP STAMPED "WALLACE GROUP" 0.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS OF WILUAMSON COUNTY, TEXAS O.R.W.C.T. = OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS EE 25 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 0.289 ACRE (12,590 SQ. FT.) CALLED 78.41 NET ACRES (TRACT 1) CRESSMAN ENTERPRISES, L.P. DOCUMENT #2003063811 0.P.R.W.C.T. FILED: JULY 8, 2003 CITY OF ROUND ROCK 20 FOOT WIDE UTIUTY EASEMENT 0.228 ACRE (9,918 SQ. FT.) N 8816'28"W 20.01' SUBDIVISION LINE LEGENDS VILLAGE SECTION 2, PHASE 4 DOCUMENT #2010074432 0.P.R.W.C.T. FILED: NOVEMBER 3, 2010 GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPUCABLE. 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RIK NETWORK. TBPE F-54 The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers • Architects • Planners ■ Surveyors Waco * Killeen * Dallas * Round Rock I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE 1 DAY OF NOVEMBER . 2013. - 7 —7.---- ( \'' -' f„2.,e_, DANIEL M. FLAHER , PLS NO. 0 200 400 PLAT NO. A-4616 D AO DATE 11-11-13 SCALE _��� WORK ORDER NO. 22871 FIELDBOOK/PG. 174/65 DIGITAL FILE 22871 -EASEMENTS F/N # SURVEYED: 04-08-13 © 2013 ALL RIGHTS RESERVED 3 OF 3 DRAWN BY SRM TAB # A-4616 22871-FNO1 EXHIBIT "A"--1 City of Round Rock 20 Foot Wide Utility Easement METES AND BOUNDS DESCRIPTION OF A 2.038 ACRE TRACT OF LAND OUT OF THE CRESSMAN ENTERPRISES, L.P. TRACT LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 2.038 ACRE (88,795 SQUARE FEET) TRACT OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS; SAID 2.038 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 134.62 ACRE TRACT OF LAND (TRACT 3) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., A TEXAS LIMITED PARTNERSHIP, FILED JULY 8, 2003, AND RECORDED IN DOCUMENT NO. 2003063811, OFHCIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); WITH SAID 2.038 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found marking a corner on the south line of said 134.62 acre tract, same being a corner of that certain called 78.41 acre tract of land described in said Warranty Deed to Cressrnan Enterprises, L.P., recorded in Document No. 2003063811, O.P.R.W.C.T., said iron rod also marking the northeast corner of Lot 1, Block F, Legends Village Section 2, Phase 3, filed on June 14, 2011, and recorded in Document No. 2011038590, O.P.R.W.C.T.; THENCE North 72° 59' 24" East, with the south line of said 134.62 acre tract, same being a north line of said 78.41 acre tract, a distance of 163.49 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract; THENCE traveling across the interior of said 134.62 acre tract, the following seven (7) calls: 1) North 03° 20' 32" East, a distance of 1,373.17 feet to a calculated point for a corner of the herein described tract; 2) North 00° 45' 32" West, a distance of 1,003.64 feet to a calculated point for a corner of the herein described tract; 3) North 11° 48' 58" West, a distance of 20.32 feet to a calculated point for a corner of the herein described tract; 4) North 19° 34' 32" West, a distance of 376.66 feet to a calculated point for a corner of the herein described tract; 5) North 24° 36' 39" West, a distance of 985.96 feet to a calculated point for a corner of the herein described tract; 6) North 02° 20' 31" East, a distance of 660.44 feet to a calculated point for a corner of the herein described tract; Page 1 of 5 Exhibit "AZcontinued Description of a 2.038 acre tract 7) North 21° 11' 41" West, a distance of 17.75 feet to a calculated point for the northwest corner of the herein described tract, said point being on the common north line of said 134.62 acre tract and the south right-of-way (R.O.W.) line of Old Settlers Boulevard (a variable width R.O.W.), and from which a 1 -inch iron pipe found marking the northwest corner of said 134.62 acre tract bears South 67° 50' 21" West, at a distance of 90.76 feet; THENCE North 67° 50' 21" East, with the common north line of said 134.62 acre tract and south R.O.W. line of said Old Settlers Boulevard, a distance of 20.00 feet to a calculated point for the northeast corner of the herein described tract; THENCE departing the south R.O.W. line of said Old Settlers Boulevard, and traveling across the interior of said 134.62 acre tract, the following six (6) calls: 1) South 21° 11' 41" East, a distance of 22.25 feet to a calculated point for a corner of the herein described tract; 2) South 02° 20' 31" West, a distance of 659.81 feet to a calculated point for a corner of the herein described tract; 3) South 24° 36' 39" East, a distance of 982.04 feet to a calculated point for a corner of the herein described tract; 4) South 19° 34' 32" East, a distance of 392.93 feet to a calculated point for a corner of the herein described tract; 5) South 00° 45' 32" East, a distance of 1,016.18 feet to a calculated point for a corner of the herein described tract; 6) South 03° 20' 32" West, a distance of 1,366.47 feet to a calculated point for the southeast corner of the herein described tract, said point being on the south line of said 134.62 acre tract, same being a north line of said 78.41 acre tract, and from which a 5/8 -inch iron pipe found marking the southernmost southeast corner of said 134.62 acre tract bears North 72° 59' 24" East, at a distance of 841.12 feet; THENCE South 72° 59' 24" West, with the common line of said 134.62 acre tract and said 78.41 acre tract, a distance of 21.33 feet to POINT OF BEGINNING and containing 2.038 acres (88,795 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock, Texas. Temporary Construction Easement In addition, it is intended to create a variable width Temporary Construction Easement adjacent to the west and east lines of the above-described City of Round Rock twenty (20) foot wide Utility Easement. These Temporary Construction Easements contain a combined computed area of 7.064 acres (307,733 square feet) of land. Page 2 of 5 Exhibit "A!)continued Description of a 2.038 acre tract This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A-4617 attached hereto is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. J4,4,7 SOOT aniel M. Flaherty, R.P.L.S. No. 5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 See attached Plat No. A-4617 22871-FN02REV 1.doc Page 3 of 5 03-26-2014 Date EXHIBIT "B" DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A CITY OF ROUND ROCK 20 FOOT WIDE (2.038 ACRES) UTILITY EASEMENT AND A VARIABLE WIDTH (COMBINED 7.064 ACRES) TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY. TEXAS, AND BEING PART OF A CALLED 134.62 ACRE TRACT OF LAND (TRACT 3) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS 0 0.P.R.W.C.T. O.R.W.C.T. 0 CHANDLER CREEK SECTION 14 DOCUMENT 1/2002013989 0.P.R.W.C.T. FILED: FEBRUARY 21, 2002 CALLED 33.302 ACRES (PARCEL NO. 2, PART 7) STATE OF TEXAS VOLUME 1970. PAGE 515 O.R.W.C.T. FILED: DECEMBER 26, 1990 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 1.330 ACRES (57,914 SQ. FT.) WILLIS DONAHO SURVEY ABSTRACT NO. 173 WILLIAMSON COUNTY, TEXAS P. A. HOLDER SURVEY ABSTRACT NO. 297 WILLIAMSON COUNTY, TEXAS LEGEND = 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) = 1/2" IRON ROD SET WITH PLASTIC CAP STAMPED *WALLACE GROUP" = OFFICIAL PUBUC RECORDS OF WIWAMSON COUNTY, TEXAS = OFFICIAL RECORDS OF WILLIAMSON COUNTY, \ .\ 20.00' FIELD NOTE POINT OF BEGINNING 163.49' N 72'59'24' E SUBDIVISION UNE TEXAS LOT 1 , BLK. F LEGENDS VILLAGE SECTION 2, PHASE 3 DOCUMENT /2011038590 0.P.R.W.C.T. FILED: .RINE 14, 2011 CO w a 0 Z wfli3 !�t o. rea CALLED 134.62 ACRES aREsswfTRACT 3) ENTERPRISES, LP. DOCUMENT 02003063811 0.P.R.W.C.T. FILED: JULY 8, 2003 w z 7 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 0.401 ACRE (17,474 SQ. FT.) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 0.4.55 ACRE 119,825 SQ. FT.) CITY OF ROUND ROCK 20 FOOT MADE UTIUTY EASEMENT 2.038 ACRES (88,795 SO. FT.) 1 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 0.206 ACRE : 995 SQ. FT APPROXIMATE LOCATION OF SURVEY UNE 01'41'28p E 255.14' 5/8' IRON PIPE FOUND '6 FIELD NOTE COMMENCING POINT 1• CALLED 78.41 NET ACRES (TRACT 1) CRESSMAN ENTERPRISES, L.P. DOCUMENT #2003063811 0.P.R.W.C.T. FILED: JULY 8, 2003 The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers • Architects ® Planners • Surveyors TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS E 26TH DAY OF MARCH 2014. SURVEYED: 04-08-13 0 500 10 SCALE 0 2014 ALL RIGHTS RESERVED DANIEL M. FLAHE•TV. R LS 500 4 OF 5 PLAT NO. A-4617 DRAFT DATE 03-26-14 DRAWN BY SRM WORK ORDER NO. 22871 FIELDBOOK/PG. 174/65 TAB # A-4617 DIGITAL FILE 22871 -EASEMENTS F/N # 22871-FNO2REV1 EXHIBIT "B" DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A CITY OF ROUND ROCK 20 FOOT WIDE (2.038 ACRES) UTILITY EASEMENT AND A VARIABLE WIDTH (COMBINED 7.064 ACRES) TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS, AND BEING PART OF A CALLED 134.62 ACRE TRACT OF LAND (TRACT 3) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., RECORDED IN DOCUMENT NO. 2003063811, OFFICL4L PUBLIC RECORDS', WILLIAMSON COUNTY, TEXAS F1 6750'21' E - 20.00' S 67'50'21' W - 90.76' 1' IRON PIPE FOUND ITS 8 .) E 1w8: 00 N 5 2111'41' E 22.25' N 2111'41' W 17.75' CALLED 10.110 ACRES PARK CENTRAL BUILDING ASSOCIATES. L.P. DOCUMENT /2001025909 0.P.R.W.C.T, FILED: APRIL 18, 2001 9Q �6C00 / VARIABLE WIDTH t,A,S SQ$ ( TEMPORARY CONSTRUCTION EASEMENT qty P. Ole ` 1.053 ACRES (45,867 SO. FT. �1V � VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 3.619 ACRES 157 658 SQ. FT. Ta, CITY OF ROUND ROCK 20 FOOT WIDE UTILITY EASEMENT • CALLED 46.526 ACRES NORTHPARK AT OLD SETTLERS, LTD. DOCUMENT #2004068735 0.P.R.W.C.T. FILED AUGUST 31, 2004 2.038 ACRES (88,795 SQ. FT.) CALLED 33.302 ACRES (PARCEL N0. 2, PART 7) STATE OF TEXAS VOLUME 1970. PAGE 515 O.R.W.C.T. FILED: DECEMBER 26, 1990 N 19'34'32' W 376.66' N 11'48'58' W 20.32' S 19'34'32' E 392.93' CALLED 0.223 ACRE RIGHT—OF—WAY DEDICATION TO CITY OF ROUND ROCK DOCUMENT #2000066784 O.P.R.W.C.T. FILED: OCTOBER 4, 2000 GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2..) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING I5 ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD83) WHICH IS BASED ON LE1CA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. re N The Wallace i oup Inco One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers a Architects a Planners a Surveyors TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS TLiE 26TH DAY OF MARCH 2014. SURVEYED: 04-08-13 �-DANIEL M. FLAHERTY, RPLS NO. 5004, DANIEL M. FLAHERTY 5 OF 5 0 SCALE 500 1000 PLAT NO. A-4617 DRAFT DTE 03-26-14 DRAWN BY SRM 0 2014 ALL RIGHTS RESERVED WORK ORDER NO. 22871 FIELDBOOK/PG. 174/65 TAB # A-4617-2 DIGITAL FILE 22871—EASEMENTS F/N # 22871—FNO2REV WASTEWATER EASEMENT Chandler Creek 1—Upper Phase THE STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT § KNOW ALL BY THESE PRESENTS: That CRESSMAN ENTERPRISES, L.P., a Texas limited partnership, and its successors and assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a wastewater system and lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: Being a 0.228 acre tract of land in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A-1", and by a drawing to accompany metes and bounds in Exhibit "B-1", attached hereto and incorporated herein for all purposes; and Being a 2.319 acre tract of land in the P.A. Holder Survey, Abstract No. 297, and the Willis Donaho Survey, Abstract No. 173, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A-2", and by a drawing to accompany metes and bounds in Exhibit `B-2", attached hereto and incorporated herein for all purposes. This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to the herein above described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. 00290520.DOCX Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the wastewater lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the wastewater lines. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route(s) as shall occasion the least practicable damage or inconvenience to Grantor; provided that such right of ingress and egress shall only be used if access to the easement is not otherwise available from a public road or public right of way; the foregoing right of ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as is reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers; provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (d) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land in the easement to such extent as Grantee may find reasonably necessary; 2. (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder; provided, however, Grantee will provide written notice to Grantor prior to removal of any trees outside of the easement, and provided that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (g) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. (h) Grantor further grants and conveys to Grantee the right to temporarily use portions of the property adjacent to and parallel to the boundary of the easement area described herein and as shown on drawing to accompany metes and bounds description in Exhibits "B-1 & B-2", as may be reasonably necessary to construct and install the facilities described above. In no instance shall Grantee be entitled to use more than the width extending from the current boundary of the easement(s) than is specifically identified and described on the drawings which accompany the field notes in Exhibits "B-1 & B-2". Upon completion of the construction and installation of the facilities within the easement area, Grantee shall return this temporary construction area to the same or substantially similar condition as existed prior to these activities. The temporary construction easement shall exist from the date beginning upon written notice of entry upon the temporary area to Grantor, and shall continue until the earlier to occur of the following events: (a) the expiration of nine months; (b) final completion of the project, that being defined as thirty (30) days after issuance of the Certificate of Completion; or (c) August 31, 2015. The expiration of the temporary construction easement shall not otherwise affect any of Grantee's easement rights herein. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; 3. (c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before constructing any non -interfering improvements listed in this paragraph, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility wastewater line easement. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above- described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. [signature page follows] 4. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 2014. GRANTOR: CRESSMAN ENTERPRISES, L.P., a Texas limited partnership By: Its: THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of the month of , 2014, by , in the capacity and for the purposes and consideration therein expressed. After recording return to: 5. Notary Public, State of Texas EXECUTED DOCUMENT FOLLOW REAL ESTATE CONTRACT CHANDLER CREEK WASTEWATER LINE This Real Estate Contract ("Contract") is entered into between CRESSMAN ENTERPRISES, L.P., a Texas limited partnership, ("Seller"), and the CITY OF ROUND ROCK, a Texas home -rule municipal corporation ("Buyer") upon the terms and conditions set forth as follows: 1. Purchase and Sale of Property 1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, a permanent wastewater easement easement interest in and to two parcels of land totaling approximately 2.266 acres, and a temporary easement interest in and upon approximately 7.634 acres, all located in Williamson County, Texas, and being more particularly described by metes and bounds in Exhibits "A-1 & A-2" and accompanying drawings in Exhibits "B-1 & B-2", all attached hereto and incorporated herein. 1.02 The real property interests described above, and any rights or appurtenances are referred to in this Contract as the "Property". 2. Sales Price 2.01 Amount of Sales Price. The sales price for the Property shall be the sum of ONE HUNDRED FIFTY SIX THOUSAND ONE HUNDRED FORTY NINE and NO/100 DOLLARS ($156,149.00)("Sales Price"). 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in cash at the closing. 3. Buyers Obligations 3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Buyer at or before the closing). 3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller, at Seller's expense, will obtain from the Title Company a preliminary title report ("Title Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. (A) Buyer will give Seller written notice on or before the expiration of 10 days after Buyer receives the Title Report that the condition of title as set forth in the Title Report is or is not satisfactory. (B) In the event that Buyer states that the condition is not satisfactory, Seller will promptly undertake to assist Buyer to eliminate or modify all unacceptable matters to the 00295614.DOCX R-2014-1341 reasonable satisfaction of Buyer. In the event the Seller is unable to so within 10 days after receipt of written notice, this Contract may be terminated in writing by Buyer. Otherwise, this condition will be deemed acceptable and any objection by the Buyer will be deemed waived. 3.03 Survey. Buyer, at Buyer's expense, will obtain a current plat or survey of the permanent easement Property, prepared by a licensed Texas land surveyor selected by Buyer. 3.04 Seller's Full Compliance. Seller will have complied with all of the covenants, agreements, and conditions required by this Contract by the closing date. 4. Representations and Warranties of Seller Seller represents and warrants to Buyer, as of the closing date, as follows: 4.01 There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Buyer. 4.02 The Property herein is being conveyed to Purchaser under threat of condemnation. 4.03 Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it. 4.04 Seller is not aware of any material physical defects to the Property. 4.05 Seller is not aware of any environmental hazards or conditions that affect the Property. 4.06 Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers. 5. Closing 5.01 Date and Location. The closing will be held at the office of Texas American Title Company ("Title Company"), on or before April 15, 2014 ("Closing Date"), or at a time, date, and place agreed on by Seller and Buyer. 5.02 Sellers Responsibilities at Closing. At the closing Seller will: (A) Deliver to Buyer a properly executed and acknowledged Wastewater Easement (the "Easement") conveying such property interest in and to all of the Property, free of all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) Any exceptions approved by Buyer in accordance with Section 3 of this Contract; and (ii) Any exceptions approved by Buyer in writing. 2 (B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's interest in and to the Property subject to the title exceptions listed in herein, to any other exceptions approved in writing by Buyer, and to those standard printed exceptions contained in the usual form of Texas Owner's Title Policy, with the following exceptions: (i) The boundary and survey exceptions will be deleted; (ii) The exception as to restrictive covenants will be endorsed "None of Record"; and (iii) The exception as to the lien for taxes will be limited to the year of closing and will be endorsed "Not Yet Due and Payable." (C) Deliver to Buyer possession of the Property. (D) The form of the Easement document shall be as shown in Exhibit "C" attached hereto and incorporated herein. 5.03 Price. Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales 5.04 Prorations. General real estate taxes for the current year relating to the Property, interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs before the tax rate has been fixed for the current year, the apportionment of taxes will be on the basis of the tax rate for the preceding year applied to the latest assessed valuation. All special taxes or assessments to the Closing Date will be paid by Seller. 5.05 Apportionment of Costs. All costs and expenses of closing in consummating the sale and purchase of the Property will be paid as follows: (A) Owner's Title Policy paid by Buyer. (B) Survey paid by Buyer. (C) Easement, tax certificates, and title curative matters, if any, paid by Buyer. (D) All other closing costs to be paid by Buyer. (E) Attorney's fees paid by each respectively. 3 6. Breach by Seller 6.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Property for any reason (except for Buyer's default), Buyer will have the right to: (A) Enforce specific performance of this Contract; or (B) Request that the Escrow Deposit, if any, will be returned by the Title Company to Buyer. 7. Breach by Buyer 7.01 Seller's Rights in the Event of Breach by Buyer. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Buyer's obligations set forth herein having been satisfied and Buyer being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Buyer to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Buyer. 8. Miscellaneous Provisions 8.01 Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated by this Contract, will survive the closing. 8.02 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Buyer, as the case may be, at the address set forth in the signature block below. 8.03 Texas Law to Apply. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 8.04 Parties Bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 4 8.05 Legal Construction. In case any one or more of the provisions contained in this Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed. 8.06 Prior Contracts Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter of this Contract. 8.07 Time of Essence. Time is of the essence in this Contract. 8.08 Memorandum of Contract. Upon the request of either party, both parties will promptly execute a memorandum of this Contract suitable for filing of record. 8.9 Compliance. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title insurance, or Buyer should have the abstract covering the Property examined by an attorney of Buyer's own selection. 8.10 Effective Date. This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. 8.11 Counterparts. This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. 8.12 Signature Warranty Clause. The signatories to this contract represent and warrant that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively. The parties are signing this Contract on the dates indicated. SELLER: CRESSMAN ENTERPRISES, L.P., a Texas limited partnere By: �} Its: i� CkY\Qfj�Y��S CGtYilAse Date: "7 '21-1 (.2?A ( a 0 5 Address: v el"' /4 v v�{ l t4t-ee Rlstk (i( 7 n ( BUYER: CITY OF ROUND ROCK, TEXAS BY:/71 ADDRESS: 221 East Main Street Alan McGraw, Mayor Round Rock, Texas 78664 Date: —r•Z� 11- 6 EXHIBIT "A" - j., City of Round Rock 20 Foot Wide Utility Easement METES AND BOUNDS DESCRIPTION OF A 0.228 ACRE TRACT OF LAND OUT OF THE CRESSMAN ENTERPRISES, L.P. TRACT LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 0.228 ACRE (9,918 SQUARE FEET) TRACT OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; SAID 0.228 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 78.41 NET ACRE TRACT OF LAND (TRACT 1) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., A TEXAS LIMITED PARTNERSHIP, FILED JULY 8, 2003, AND RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); WITH SAID 0.228 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod yellow plastic cap (unreadable) found marking a corner of said 78.41 acre tract, said point also marking the easternmost northwest corner of Lot 10, Block F, Legends Village Section 2, Phase 4, filed on November 3, 2010, and recorded in Document No. 2010074432, O.P.R.W.C.T.; THENCE South 88° 16' 28" East, with a south line of said 78.41 acre tract, same being the north line of said Legends Village Section 2, Phase 4, a distance of 135.41 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract; THENCE North 03° 20' 32" East, departing the north line of said Legends Village Section 2, Phase 4, and traveling across the interior of said 78.41 acre tract, a distance of 492.45 feet to a calculated point for the northwest corner of the herein described tract, said point being on a north line of said 78.41 acre tract, said point also being on the south line of that certain called 134.62 acre tract of land described in said Warranty Deed to Cressman Enterprises, L.P., recorded in Document No. 2003063811, O.P.R.W.C.T., and from which a 1/2 -inch iron rod found marking the northeast corner of Lot 1, Block F, Legends Village Section 2, Phase 3, filed on June 14, 2011, and recorded in Document No. 2011038590, O.P.R.W.C.T. bears South 72° 59' 24" West, at a distance of 163.49 feet, said iron rod also marking a common corner of said 78.41 acre tract and said 136.42 acre tract THENCE North 72° 59' 24" East, with the common line of said 78.41 acre tract and said 134.62 acre tract, a distance of 21.33 feet to a calculated point for the northeast corner of the herein described tract; THENCE South 03° 20' 32" West, departing said common line, and traveling across the interior of said 78.41 acre tract, a distance of 499.30 feet to a calculated point for the southeast corner of the herein described tract, said point being on a south line of said 78.41 acre tract, same being the north line of said Legends Village Section 2, Phase 4; Page 1 of 3 Exhibit "Agcontinued Description of a 0.228 acre tract THENCE North 88° 16' 28" West, with the common line of said 78.41 acre tract and said Legends Village Section 2, Phase 4, a distance of 20.01 feet to the POINT OF BEGINNING and containing 0.228 acre (9,918 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock, Texas. Temporary Construction Easement In addition, it is intended to create a twenty-five (25) foot wide Temporary Construction Easement adjacent and parallel to the west and east lines of the above-described City of Round Rock twenty (20) foot wide Utility Easement. These Temporary Construction Easements contain a combined computed area of 0.569 acre (24,794 square feet) of land. This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A-4616 attached hereto is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. (;)a M. Flaherty, R.P.L.S. No. 500 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 See attached Plat No. A-4616 22871-FN01.doc Page 2 of 3 11-11-2013 Date EXHIBIT "B''— DRAWING TO ACCOMPANY METES AND BOUNDS DESc,ttIPTI0N OF A CITY OF ROUND ROCK 20 FOOT WIDE (0.228 ACRE) UTILITY EASEMENT AND A 25 FOOT WIDE (COMBINED 0.569 ACRE) TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS AND BEING PART OF A CALLED 78.41 ACRE TRACT OF LAND (TRACT 1) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS 511119;(5 Y s KODTUOY '0° A. oN S 72'59'24" W 1, 163.49' ti CALLED 134.62 ACRES (TRACT 3) CRESSMAN ENTERPRISES, L.P. DOCUMENT #2003063811 0.P.R.W.C.T. FILED: JULY 8, 2003 P ER uN6 N 72'59'24"E 21.33' 25 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 0.289 ACRE (12,590 SQ. FT.) SUBDIVISION LINE C25 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 0.280 ACRE (12,204 SQ. FT.) LEGENDS VILLAGE SECTION 2, PHASE 3 DOCUMENT #2011038590 0.P.R.W.C.T. FILED: JUNE 14, 2011 CALLED 78.41 NET ACRES (TRACT 1) CRESSMAN ENTERPRISES, L.P. DOCUMENT #2003063811 O.P.R.W.C.T. FILED: JULY 8, 2003 FIELD NOTE POINT OF BEGINNING CITY OF ROUND ROCK 20 FOOT WIDE UTILITY EASEMENT 0.228 ACRE (9,918 SQ. FT.) FIELD NOTE COMMENCING POINT S 8898'28" E 135.41' N 8896'28"W 20.01' 1/2" IRON ROD FOUND WITH YELLOW PLASTIC CAP (UNREADABLE) SUBDIVISION LINE E 0 O N 5 EASEMENTS.d LEGENDS VILLAGE SECTION 2, PHASE 3 DOCUMENT #2011038590 0.P.R.W.C.T. FILED: JUNE 14, 2011 HYDE PARK DR. (60' R.0.W.) y LEGENDS VILLAGE SECTION 2, PHASE 4 DOCUMENT #2010074432 0.P.R.W.C.T. FILED: NOVEMBER 3, 2010 • 0 O.P.R.W.C.T. O.R.W.C.T. LEGEND = 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) = 1/2" IRON ROD SET WITH PLASTIC CAP STAMPED "WALLACE GROUP" = OFFICIAL PUBLIC RECORDS OF WILUAMSON COUNTY, TEXAS = OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS. EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS MK NETWORK. The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers • Architects • Planners • Surveyors Waco * Killeen * Dallas * Round Rock R-3D\DWG\SURV I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE _11TH „ DAY OF NOVVEM@ER , 2013. / — m _ 1„r dz� SURVEYED: 04-08-13 Jr� N DANIEL M. FLAHER , PLS NO./50 w0 200 400 PLAT NO. A-4616 D AFS DATE 11-11-13 SCALE WORK ORDER NO. 22871 FIELDBOOK/PG. 174/65 0 2013 ALL RIGHTS RESERVED DIGITAL FILE 22871—EASEMENTS F/N # 3 OF 3 DRAWN BY SRM TAB # A-4616 22871—FNO1 EXHIBIT "A"-1 City of Round Rock 20 Foot Wide Utility Easement METES AND BOUNDS DESCRIPTION OF A 2.038 ACRE TRACT OF LAND OUT OF THE CRESSMAN ENTERPRISES, L.P. TRACT LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 2.038 ACRE (88,795 SQUARE FEET) TRACT OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS; SAID 2.038 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 134.62 ACRE TRACT OF LAND (TRACT 3) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., A TEXAS LIMITED PARTNERSHIP, FILED JULY 8, 2003, AND RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); WITH SAID 2.038 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found marking a corner on the south line of said 134.62 acre tract, same being a corner of that certain called 78.41 acre tract of land described in said Warranty Deed to Cressman Enterprises, L.P., recorded in Document No. 2003063811, O.P.R.W.C.T., said iron rod also marking the northeast corner of Lot 1, Block F, Legends Village Section 2, Phase 3, filed on June 14, 2011, and recorded in Document No. 2011038590, O.P.R.W.C.T.; THENCE North 72° 59' 24" East, with the south line of said 134.62 acre tract, same being a north line of said 78.41 acre tract, a distance of 163.49 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract; THENCE traveling across the interior of said 134.62 acre tract, the following seven (7) calls: 1) North 03° 20' 32" East, a distance of 1,373.17 feet to a calculated point for a corner of the herein described tract; 2) North 00° 45' 32" West, a distance of 1,003.64 feet to a calculated point for a corner of the herein described tract; 3) North 11° 48' 58" West, a distance of 20.32 feet to a calculated point for a corner of the herein described tract; 4) North 19° 34' 32" West, a distance of 376.66 feet to a calculated point for a corner of the herein described tract; 5) North 24° 36' 39" West, a distance of 985.96 feet to a calculated point for a corner of the herein described tract; 6) North 02° 20' 31" East, a distance of 660.44 feet to a calculated point for a corner of the herein described tract; Page 1 of 5 Exhibit "A continued Description of a 2.038 acre tract 7) North 21° 11' 41" West, a distance of 17.75 feet to a calculated point for the northwest corner of the herein described tract, said point being on the common north line of said 134.62 acre tract and the south right-of-way (R.O.W.) line of Old Settlers Boulevard (a variable width R.O.W.), and from which a 1 -inch iron pipe found marking the northwest corner of said 134.62 acre tract bears South 67° 50' 21" West, at a distance of 90.76 feet; THENCE North 67° 50' 21" East, with the common north line of said 134.62 acre tract and south R.O.W. line of said Old Settlers Boulevard, a distance of 20.00 feet to a calculated point for the northeast corner of the herein described tract; THENCE departing the south R.O.W. line of said Old Settlers Boulevard, and traveling across the interior of said 134.62 acre tract, the following six (6) calls: 1) South 21° 11' 41" East, a distance of 22.25 feet to a calculated point for a corner of the herein described tract; 2) South 02° 20' 31" West, a distance of 659.81 feet to a calculated point for a corner of the herein described tract; 3) South 24° 36' 39" East, a distance of 982.04 feet to a calculated point for a comer of the herein described tract; 4) South 19° 34' 32" East, a distance of 392.93 feet to a calculated point for a corner of the herein described tract; 5) South 00° 45' 32" East, a distance of 1,016.18 feet to a calculated point for a corner of the herein described tract; 6) South 03° 20' 32" West, a distance of 1,366.47 feet to a calculated point for the southeast corner of the herein described tract, said point being on the south line of said 134.62 acre tract, same being a north line of said 78.41 acre tract, and from which a 518 -inch iron pipe found marking the southernmost southeast corner of said 134.62 acre tract bears North 72° 59' 24" East, at a distance of 841.12 feet; THENCE South 72° 59' 24" West, with the common line of said 134.62 acre tract and said 78.41 acre tract, a distance of 21.33 feet to POINT OF BEGINNING and containing 2.038 acres (88,795 square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round Rock, Texas. Temporary Construction Easement In addition, it is intended to create a variable width Temporary Construction Easement adjacent to the west and east lines of the above-described City of Round Rock twenty (20) foot wide Utility Easement. These Temporary Construction Easements contain a combined computed area of 7.064 acres (307,733 square feet) of land. Page 2 of 5 Exhibit "A9continued Description of a 2.038 acre tract This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description and exhibit drawing A-4617 attached hereto is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. aniel M. Flaherty, R.P.L.S. No. 5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 See attached Plat No. A-4617 22871-FNO2REV 1.doc Page 3 of 5 03-26-2014 Date EXHIBIT "B" DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A CITY OF ROUND ROCK 20 FOOT WIDE (2.038 ACRES) UTILITY EASEMENT AND A VARIABLE WIDTH (COMBINED 7.064 ACRES) TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS, AND BEING PART OF A CALLED 134.62 ACRE TRACT OF LAND (TRACT 3) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS \I CHANDLER CREEK SEC1ION 14 DOCUMENT 12002013989 0.P.R.W.C.T. FILED: FEBRUARY 21, 2002 CALLED 33.302 ACRES (PARCEL NO. 2, PART 7) STATE OF TEXAS VOWME 1970, PAGE 515 O.R.W.C.T. FILED: DECEMBER 26, 1990 VARIABLE MA DTH TEMPORARY CONSTRUCTION EASEMENT 1.330 ACRES (57.914 SQ. FT.) 40. tftt• WILLIS DONAHO SURVEY ABSTRACT NO. 173 WILLIAMSON COUNTY, TEXAS P. A. HOLDER SURVEY ABSTRACT NO. 297 WILLIAMSON COUNTY, TEXAS LEGEND = 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) O = 1/2' IRON ROD SET WITH PLASTIC CAP STAMPED "WALLACE GROUP" OP.R.W.C.T. = OFFICIAL PUBUC RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.W.C.T. = OFFICIAL RECORDS OF WIWAMSON COUNTY. 20.00' t. •\ • CALLED 134.62 ACRES PR ?1J ACT DOaJta1LP. 0.P.R. C.T.l FILED JULY 8. 2003 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 0.401 ACRE (17.474 SQ. FT.) VARIABLE WIDTH TEMPORARY CONS1RUC110N EASEMENT 0.455 ACRE (19.825 SQ. FT.) D 20 FOOT MADE UTILITY EASEMENT 2.038 ACRES (88,795 SQ. FT.) APPROXIMATE LOCATION FIELD NOTE P01112' OP BEGINNING 163.49' N 775914" E SUBDIVISION UNE TEXAS LOT BU(. F LEGENDS VILLAGE SECTION 2. PHASE 3 DOCUMENT 12011038590 0.P.R.W.C.T. FILED: JUNE 14. 2011 7 FIELD NOTE COMMENCING POINT SURVEY UNE N 01'41'28" E 255.14' 5 PI RUNDON FOtot CALLED 78.41 NET ACRES (TRACT 1) CRESSMAN EN LP. DOCUMENT 12003063811 0.P.R.W.C.T. FILED: JULY 8, 2003 The Wallace Group, Inc. One Chisholm Troll. Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers • Architects • Planners • Surveyors TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS E 21111:1DAY OF MARCH 2014. SURVEYED: 04-08-13 SCALE 0 2014 ALL RIGHTS RESERVED 4 OF 5 PLAT NO. A-4817 DRAFT DA 03-26-14 DRAWN BY _SRM WORK ORDER NO. 22871 FlELDBOOK/PG.-174_1(10_TAB # A-4617 DIGITAL FILE 22871 -EASEMENTS F/N # 22871-FNO2REV1 EXHIBIT DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A CITY OF ROUND ROCK 20 FOOT WIDE (2.038 ACRES) UTILITY EASEMENT AND A VARL4BLE WIDTH (COMBINED 7.064 ACRES) TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLLAMSON COUNTY, TEXAS, AND BEING PART OF A CALLED 134.62 ACRE TRACT OF LAND (TRACT 3) DESCRIBED IN A WARRANTY DEED TO CRESSMAN ENTERPRISES, L.P., RECORDED IN DOCUMENT NO. 2003063811, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS N 67'50'2? E - 20.00' S 6750'2? W - 90.76' 1' IRON PIPE FOUND �.) S 2111'41' E 22.25' N 2111'41" W 17.75' CALLED 10.110 ACRES PARK CENTRAL BUILDING ASSOCIATES. L.P. DOCUMENT /2001025909 O.P.R.W.C.T. FILED: APRIL 18, 2001 44 VARIABLE N 0111 TEMPORARY CONSTRUCTION EASEMENT 1.053 ACRES (45 887 S0. FT. CALLED 46.526 ACRES NCRTHPARK AT OLD SETTLERS, LTD. DOCUMENT 12004066735 0.P.R.W.C.T. FILED AUGUST 31, 2004 CALLED 33.302 A' - (PARCEL NO. 2. PART 7) STATE OF TEXAS VOLUME 1970. PAGE 515 O.R.W.C.T. FILED: DECEMBER 25, 1990 m m N 1934'32' W 376.66' N 20.32' CALLED 0.223 ACRE RIGHT-OF-WAY DEDICATION 10DOCUMENT FR ROCK 0.P.R.W.C.T. FILED: OCTOBER 4. 2000 GENERAL NOTES 1.) AU. PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPUCABLE 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWWG IS ACOOMPAMED BY A METES AND BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE. NAD63) INGCH IS BASED ON LOCO'S CENTRAL TEXAS GPS 000PERATVVE CORS R1K NETWORK. The Wallace Group, Inc. • N One Chisholm TroU, Sults 130, Round Rock. Texas 78681 (512) 248-0065 Engineers ■ Architects • Planners • Surveyors TBPLS 10051701 Waco * Killeen * Dallas * Round Rock TBPE F-54 CITY OF ROUND ROCK 20 FOOT NIDE UT1UTY EASEMENT 2.038 ACRES (68.795 SO. FT.) pd S 1934'32 E 392.93' CALLED 134.62 )ACRES CF A4EN'R.RP u 11 .P. DOCUMENT #200301361 O.P.R. CYT. FUD JURY 8. 2003 I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS 1 E 26TH DAY OF MARCH . 2014. SURVEYED: 04-08-13 s_�IL1 ANIEL M. FLAHERTY, RPLS NO. 5004 PLAT NO. A-4617 22871 DRAFT D 03-26-14 DRAWN BYE SCALE WORK ORDER NO. FIELDBOOKfrG. 17465 TAB # A-4617-2 © 22871 -EASEMENTS F/N 22871-FNO2REV 2014 ALL RIGHTS RESERVED DIGITAL FILE WASTEWATER EASEMENT Chandler Creek 1—Upper Phase THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That CRESSMAN ENTERPRISES, L.P., a Texas limited partnership, and its successors and assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a wastewater system and lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: Being a 0.228 acre tract of land in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A-1", and by a drawing to accompany metes and bounds in Exhibit `B-1", attached hereto and incorporated herein for all purposes; and Being a 2.319 acre tract of land in the P.A. Holder Survey, Abstract No. 297, and the Willis Donaho Survey, Abstract No. 173, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A-2", and by a drawing to accompany metes and bounds in Exhibit `B-2", attached hereto and incorporated herein for all purposes. This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to the herein above described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. 00290520.DOCX Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the wastewater lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the wastewater lines. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route(s) as shall occasion the least practicable damage or inconvenience to Grantor; provided that such right of ingress and egress shall only be used if access to the easement is not otherwise available from a public road or public right of way; the foregoing right of ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as is reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers; provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (d) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land in the easement to such extent as Grantee may find reasonably necessary; 2. (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder; provided, however, Grantee will provide written notice to Grantor prior to removal of any trees outside of the easement, and provided that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (g) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. (h) Grantor further grants and conveys to Grantee the right to temporarily use portions of the property adjacent to and parallel to the boundary of the easement area described herein and as shown on drawing to accompany metes and bounds description in Exhibits "B-1 & B-2", as may be reasonably necessary to construct and install the facilities described above. In no instance shall Grantee be entitled to use more than the width extending from the current boundary of the easement(s) than is specifically identified and described on the drawings which accompany the field notes in Exhibits `B-1 & B-2". Upon completion of the construction and installation of the facilities within the easement area, Grantee shall return this temporary construction area to the same or substantially similar condition as existed prior to these activities. The temporary construction easement shall exist from the date beginning upon written notice of entry upon the temporary area to Grantor, and shall continue until the earlier to occur of the following events: (a) the expiration of nine months; (b) final completion of the project, that being defined as thirty (30) days after issuance of the Certificate of Completion; or (c) August 31, 2015. The expiration of the temporary construction easement shall not otherwise affect any of Grantee's easement rights herein. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; 3. (c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before constructing any non -interfering improvements listed in this paragraph, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility wastewater line easement. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above- described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. [signature page follows] 4. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 2014. GRANTOR: CRESSMAN ENTERPRISES, L.P., a Texas limited partnership By: Its: THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of the month of , 2014, by , in the capacity and for the purposes and consideration therein expressed. After recording return to: 5. Notary Public, State of Texas