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CM-2018-1833 - 8/17/2018APPROVED OUT OF PROCESS ALL DOCUMENTATION PROVIDED BY STEVE SHEETS OTHER PARTY SIGNATURES ARE STILL NEEDED GENERAL ASSIGNMENT TME STATE OF TI XAS KNOW ALL MFN BY THESE PRESENTS: THAT COUNTY OF TRAVIS WHEREAS, the CITY OF ROUND ROCK, TEXAS, a political subdivision of the State ofTexas ("Assignor"), has this day conveyed to TOTKN, LLC, a Texas limited liability company ("Assignee"), that certain real property in Travis County, Texas, which is described in Exhibit "A" attached hereto and incorporated herein by reference. together with all improvements thereon, all fixtures attached thereto, and all appurtenances thereto (the "Real Property"); and WI IEREAS, Assignor has agreed, in connection with the conveyance of the Real Property, to convey to Assignee all of Assignor's right.. title and interest in and to all items of personal property owned by Assignor which solely, pertain to or are used solely in connection with the ownership, operation and; -or maintenance of the Real Property, including without limitation, Outdoor Lighting, Warranties, Governmental Approvals and Permits, Utility Service Permits, Utility Service Rights. Street and Drainage Rights, Developer's Rights and Intangible Property described on Exhibit "B" attached hereto and incorporated herein by reference (all of the foregoing being referred to herein collectively as the "Transferred Property"). NOW, TI II :RE. FORE:. for and in consideration of the premises herein stated and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, Assignor has this day BARGAINED, SOLD, ASSIGNED, TRANSFERRED, CONVEYED, and Dt.LIVERED. and by these presenu does hereby BARGAIN, SELL, ASSIGN, TRANSFER, CONVEY, and DELIVER unto Assignee all of Assignor's right, title and interest in and to the Transferred Property. Assignor hereby warrants and represents to Assignee that Assignor has not previously BARGAINED, SOLD, ASSIGNED, TRANSFERRED, CONVEYED or DELIVERED any of the Transferred Property to any third party, but otherwise, the Transferred Property is transferred by Assignor to Assignee hereunder AS IS, WHERE IS AND WITH ALL FAULT S AND WITI IOU1 ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. ISIGNA TUR E PAGE FOL LOfVSJ Executed on this the IP-1day of August, 2018. ASSIGNOR: STATE OF TEXAS COUNTY OF WII LIAMSON CITY OF ROUND ROCK, TEXAS sy. &Vv4c;--'- Laurie Hadley, City Manager This instrument N% as acknowledged before me on , 2018, by Laurie Hadley, City Manager of the City of Round Rock, a Texas home rulcity, on behalf ofsaid City. SPRAL,wN/TF , . •2 s � C'L ATE j� Notary Public in and for the State of Fcxas EXHIBIT "A'" METES AND BOUNDS DESCRIPTION BEING 18.389 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRIAM EVANS SURVEY, ABSTRACT NO. 212 AND THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS; BEING A PERIMETER DESCRIPTION ENCOMPASSING 1) ALL OF A CALLED 14.064 ACRE TRACT OF LAND; 2) ALL OF A CALLED 2.00 ACRE TRACT OF LAND, AND 3) ALL OF A CALLED 2.35 ACRE TRACT OF LAND — ALL THREE TRACTS, AS DESCRIBED IN GIFT DEED, TO CITY OF ROUND ROCK, RECORDED IN DOCUMENT NO. 2006087974, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 18.389 ACRE TRACT OF LAND SURVEYED ON THE GROUND BY DIAMOND SURVEYING, INC. DURING THE MONTH OF AUGUST, 2017 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" iron rod found (Grid Coordinates: N=10175359.56, E=3127918.13) monumenting the northwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the southwest corner of Lot 1, University Oak Shopping Center Section 1, a Replat of Lots 2B & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-233, Plat Records of Williamson County, Texas a subdivision recorded in Cabinet FF, Slides 380-381 of the Plat Records of Williamson County, Texas, same being on the east boundary line of a called 10.881 acre tract of land (PART 1) conveyed to the State of Texas as recorded in Volume 479, Page 85 of the Deed Records of Williamson County, Texas, same being on the east right-of-way line of Interstate Highway No. 35, for the northwest corner and POINT OF BEGINNING hereof, from which an iron rod found with cap marked "CS LTD" monumenting the northwest corner of said Lot 1, bears N 02°02'52" W passing at a distance of 112.57 feet an iron rod found with cap marked "CS LTD" monumenting the northeast corner of said 10.881 acre State of Texas tract, in all a total distance of 187.02 feet; THENCE, departing the east boundary line of said 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35, with the north boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the south boundary line of Lot 1 and Lot 2 of said University Oak Shopping Center Section 1, a Replat of Lots 2B & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-233, Plat Records of Williamson County, Texas, the following three courses and distances: 1. S 81050'22" E for a distance of 173.32 feet to a PK Nail set on top of a wall, for an angle point hereof; 2. S 52010'22" E for a distance of 172.57 feet to a 112" iron rod found, for an angle point hereof; N 75040'22" E passing at a distance of 99.56 feet a 112" iron rod found monumenting the southeast corner of said Lot 1 and the southwest corner of said Lot 2, in all a total distance of 171.06 feet to a 1/2" iron rod found monumenting the northeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the most southerly southeast corner of said Lot 2, same being on an angle point in the west boundary line of Lot 2D, Block A, Replat of Lot 2 of East Chandler Retail Center a subdivision recorded in Cabinet CC, Slides 230-233 of the Plat Records of Williamson County, Texas, for the most northerly northeast corner hereof; THENCE, S 34°51'57" E with the east boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the west boundary line of said Lot 2D, Block A for a distance of 529.34 feet to a 112" iron rod found monumenting the northwest corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the southwest corner of said Lot 2D, Block A, for an angle point hereof; THENCE, with the north boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said Lot 2D, Block A, the following two (2) courses and distances: 1. N 71°07'46" E for a distance of 229.82 feet to a 112" iron rod found for an angle point hereof; 2. N 64°25'25" E for a distance of 164.65 feet to a 112" iron rod found monumenting the northeast corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the northwest corner of said 2.35 acre (TRACT 3) City of Round Rock tract; THENCE, N 63°52'39" E with the north boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the south boundary line of Lot 2D, Block A and Lot 21, Block A of said Replat of Lot 2 of East Chandler Retail Center, passing at a distance of 12,74 feet a 112" iron rod found 0.13' south of this line, in all a total distance of 238.32 feet to a 112" iron rod found monumenting the northeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract and the northwest corner of Lot 3, Block B, Oakmont Centre Section Five a subdivision recorded in Cabinet F, Slides 139-142 of the Plat Records of Williamson County, Texas for the most easterly northeast corner hereof; THENCE, with the east boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the west boundary line of said Lot 3, Block B, the following three (3) courses and distances: 1. S 25°55'00' E for a distance of 348.40 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 76009'32" W for a distance of 7.24 feet; 2. S 46°48'00" W for a distance of 60.46 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 00"11'34" W for a distance of 4.53 feet; 3. S 02°45'00" W for a distance of 120.87 feet to a 112" iron rod set with cap marked "Diamond Surveying", for the southeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract, same being on the north boundary line of Lot 1, Final Plat of Cypress Addition, a subdivision recorded in Cabinet N, Slides 266-268 of the Plat Records of Williamson County, Texas, for the southeast corner hereof, from which a 112" iron rod found monumenting an angle point in the north boundary line of Lot 2 of said Final Plat of Cypress Addition, bears N 69027'35" E for a distance of 20.21 feet; THENCE, with the north boundary line of said Lot 1, Final Plat of Cypress Addition, the south boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract, the south boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, the following four (4) courses and distances: 1. S 69°2735" W passing at a distance of 266.18 feet a 112" iron rod found (spinner) monumenting the southwest corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the southeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract, in all a total distance of 370.88 feet to a 112" iron rod found monumenting an angle point hereof; 2. S 67°44'06" W for a distance of 171.32 feet to a 112" iron rod found monumenting an angle point hereof; 3. S 63°52'09" W for a distance of 101.47 feet to a 112" iron rod found monumenting an angle point hereof; 4. S 56°52'26" W for a distance of 130.20 feet to a 112" iron rod found monumenting the most southerly southwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and an angle point in said north boundary line of Lot 1, Final Plat of Cypress Addition, same being on an angle point in the east boundary line of a called 26.208 acre tract of land (TRACT 3) conveyed to CRPHYH, L.P. as recorded in Document No. 2005003003 of the Official Public Records of Williamson County, Texas, for the most southerly southwest corner hereof, from which a 112" iron rod found monumenting the northwest corner of said Lot 1, Final Plat of Cypress Addition and an angle point in said east boundary line of the 26.208 acre CRPHYH, L.P. tract bears S 56°04'36" W for a distance of 29.17 feet; THENCE, with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and said east boundary line of the 26.208 acre CRPHYH, L.P. tract, the following three (3) courses and distances: N 38°12'07" W for a distance of 204.53 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof; 2. N 60°26'12" W for a distance of 633.89 feet to the center of a wastewater manhole, for an angle point hereof; 3. N 55°54'08" W for a distance of 66.59 feet to a 112" iron rod set with cap marked "Diamond Surveying", for the most westerly southwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the north corner of said 26.208 acre CRPHYH, L.P. tract, same being on the east boundary line of said 10.881 acre State of Texas tract and the east right-of-way line of said Interstate Highway No. 35, from which a TXDOT Type 1 concrete monument found monumenting the beginning of a curve to the left in said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35, bears S 02002'52" E for a distance of 47.16 feet; THENCE, N 02°02'52" W with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35 for a distance of 547.98 feet to the POINT OF BEGINNING hereof and containing 18.389 acres of land more or less. Bearing Basis: State Plane Coordinate System, NAD83, Texas Central Zone (4203). Distances shown hereon are surface based on a combined surface adjustment factor of 1.00011. A survey drawing has been prepared to accompany this metes and bounds description. C-E� TRFo•.9�........:...HAPER924:L July 19, 20181 o`'�OSHANE SHAFER, R.P.L.S. NO. 5281DATE � ZAWAELIZ & I'RLTE;1,b1cNEIL PARK ROUND ROCK%—LAND TITLE SURVE r07-19-2018 NUTTY BROWN LT5 M&B doc EXHIBIT "B" PROPERTY DESCRIPTIONS AND DEFINITIONS 1. "Developer;s Rights" shall mean and refer to all of Assignor's rights as declarant or otherwise under any restrictive covenants or other agreements or documents of any kind or nature relating to or concerning all or any portion of the Real Property. 2. "Governmental Approvals and Permits" shall mean and refer to all approvals, permits, licenses, and!or applications of any kind or nature which have been issued by or which are on file NNith any governmental agencies, departments or authorities with respect to the Real Property, including, without limitation, all zoning approvals, subdivision approvals, special permit approvals, land development permits, building permits. an&or certificates of occupancy. 3. "Intangible Pro erty" shall mean and refer to all intangible property of any kind or nature owned or held by Assignor in connection with the Personal Property, the Real Property and or the businesses now conducted thereon or therein, and the right to the use thereof, including without limitation. all of Assignor's right, title and interest in and to all trade names, trademarks, logos, or other identifying materials used in connection with the Real Property and"or the Personal Property. 4. "Utilith Ser%ice Permits" shall mean and refer to all eater, waste«ater, electric, gas, cable television, telephone, and other utility service rights, permits, and -'or applications relating to or benefiting the Real Property, including, without limitation, all utility taps, utility commitments. and:"or utility meters. 5. "Warranties" shall mean and refer to all v�arranties. guarantees. and indemnities relating to the Personal Property and -or the Real Property, and all claims thereunder. 13-1 GENERAL ASSIGNMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THAT COUNTY OF TRAVIS WHEREAS, the CITY OF ROUND ROCK, TEXAS, a political subdivision of the State of Texas ("Assignor"), has this day conveyed to TOTKN, LLC, a Texas limited liability company ("Assignee"), that certain real property in Travis County, Texas, which is described in Exhibit "A" attached hereto and incorporated herein by reference, together with all improvements thereon, all fixtures attached thereto, and all appurtenances thereto (the "Real Property"); and WHEREAS, Assignor has agreed, in connection with the conveyance of the Real Property, to convey to Assignee all of Assignor's right, title and interest in and to all items of personal property oN%ned b) Assignor which solely pertain to or are used solely in connection with the ownership, operation andor maintenance of the Real Property, including without limitation, Outdoor Lighting, Warranties. Governmental Approvals and Permits, Utility Service Permits, Utility Service Rights, Street and Drainage Rights, Developer's Rights and Intangible Property described on exhibit "B" attached hereto and incorporated herein by reference (all of the foregoing being referred to herein collectiN.e]) as the "Transferred Property''). NOW, TI IEREFORE, for and in consideration of the premises herein stated and other good and valuable consideration, the receipt and sufficiency of tNhich are hereby acknowledged and confessed, Assignor has this day BARGAINED, SOLD, ASSIGNED, TRANSFERRED, CONVEYED, and DEL1Vf RED, and by these presents does hereb) BARGAIN, SELL, ASSIGN, TRANSFER, CONVEY, and DF'I .IVER unto Assignee all of Assignor's right, title and interest in and to the Transferred Property. Assignor hereby warrants and represents to Assignee that Assignor has not previously BARGAINED, SOLD, ASSIGNED, TRANSFERRED. CONVEYED or DELIVERED any of the Transferred Property to any third party, but otherwise, the Transferred Property is transferred by Assignor to Assignee hereunder AS IS, WHERE IS AND WITH ALL FAULTS AND WITI IOLjT ANY RF-PRLSLNTATIONS OR WARRANTIES WI IATSOEVER. [SIGNATURE PAGE FOLLOWS] Executed on this they=+ -day of August, 2018, ASSIGNOR: STATE OF TL:XAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK, TEXAS ay: � Laurie Hadley, City Manager This instrument rias acknowledged before me on .2018. by Laurie Hadley, Cit} Manager of the City of Round Rock. a Texas home rue city. on behalf of said City. ���11111111111f1//�4AAt S�'�+L W h/rF ��'�� • I285�-�'p• ���` Notary Public in and for the State of Texas 2 EXHIBIT "A`" METES AND BOUNDS DESCRIPTION BEING 18.389 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRIAM EVANS SURVEY, ABSTRACT NO. 212 AND THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS; BEING A PERIMETER DESCRIPTION ENCOMPASSING 1) ALL OF A CALLED 14.064 ACRE TRACT OF LAND; 2) ALL OF A CALLED 2.00 ACRE TRACT OF LAND, AND 3) ALL OF A CALLED 2.35 ACRE TRACT OF LAND -- ALL THREE TRACTS, AS DESCRIBED IN GIFT DEED, TO CITY OF ROUND ROCK, RECORDED IN DOCUMENT NO. 2006087974, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 18.389 ACRE TRACT OF LAND SURVEYED ON THE GROUND BY DIAMOND SURVEYING, INC. DURING THE MONTH OF AUGUST, 2017 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" iron rod found (Grid Coordinates: N=10175359.56, E=3127918.13) monumenting the northwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the southwest corner of Lot 1, University Oak Shopping Center Section 1, a Replat of Lots 2B & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-233, Plat Records of Williamson County, Texas a subdivision recorded in Cabinet FF, Slides 380-381 of the Plat Records of Williamson County, Texas, same being on the east boundary line of a called 10.881 acre tract of land (PART 1) conveyed to the State of Texas as recorded in Volume 479, Page 85 of the Deed Records of Williamson County, Texas, same being on the east right-of-way line of Interstate Highway No. 35, for the northwest corner and POINT OF BEGINNING hereof, from which an iron rod found with cap marked "CS LTD" monumenting the northwest corner of said Lot 1, bears N 02°02'52" W passing at a distance of 112.57 feet an iron rod found with cap marked "CS LTD" monumenting the northeast corner of said 10.881 acre State of Texas tract, in all a total distance of 187.02 feet; THENCE, departing the east boundary line of said 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35, with the north boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the south boundary line of Lot 1 and Lot 2 of said University Oak Shopping Center Section 1, a Replat of Lots 2B & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-233, Plat Records of Williamson County, Texas, the following three courses and distances: 1. S 81 050'22" E for a distance of 173.32 feet to a PK Nail set on top of a wall, for an angle point hereof; 2. S 52°10'22" E for a distance of 172.57 feet to a 1/2" iron rod found, for an angle point hereof; 3. N 75°40'22" E passing at a distance of 99.56 feet a 112" iron rod found monumenting the southeast corner of said Lot 1 and the southwest corner of said Lot 2, in all a total distance of 171.06 feet to a 112" iron rod found monumenting the northeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the most southerly southeast corner of said Lot 2, same being on an angle point in the west boundary line of Lot 2D, Block A, Replat of Lot 2 of East Chandler Retail Center a subdivision recorded in Cabinet CC, Slides 230-233 of the Plat Records of Williamson County, Texas, for the most northerly northeast corner hereof; THENCE, S 34°51'57" E with the east boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the west boundary line of said Lot 2D, Block A for a distance of 529.34 feet to a 112" iron rod found monumenting the northwest corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the southwest corner of said Lot 2D, Block A, for an angle point hereof; THENCE, with the north boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said Lot 2D, Block A, the following two (2) courses and distances: 1. N 71°07'46" E for a distance of 229.82 feet to a 1/2" iron rod found for an angle point hereof; 2. N 64°25'25" E for a distance of 164.65 feet to a 112" iron rod found monumenting the northeast corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the northwest corner of said 2.35 acre (TRACT 3) City of Round Rock tract; THENCE, N 63°52'39" E with the north boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the south boundary line of Lot 2D, Block A and Lot 21, Block A of said Replat of Lot 2 of East Chandler Retail Center, passing at a distance of 12.74 feet a 112" iron rod found 0.13' south of this line, in all a total distance of 238.32 feet to a 112" iron rod found monumenting the northeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract and the northwest corner of Lot 3, Block B, Oakmont Centre Section Five a subdivision recorded in Cabinet F, Slides 139-142 of the Plat Records of Williamson County, Texas for the most easterly northeast corner hereof; THENCE, with the east boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the west boundary line of said Lot 3, Block B, the following three (3) courses and distances: 1. S 25°55'00' E for a distance of 348.40 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 76009'32" W for a distance of 7.24 feet; 2. S 46°48'00" W for a distance of 60.46 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 00°11'34" W for a distance of 4.53 feet; 3. S 02°45'00" W for a distance of 120.87 feet to a 1/2" iron rod set with cap marked "Diamond Surveying", for the southeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract, same being on the north boundary line of Lot 1, Final Plat of Cypress Addition, a subdivision recorded in Cabinet N, Slides 266-268 of the Plat Records of Williamson County, Texas, for the southeast corner hereof, from which a 112" iron rod found monumenting an angle point in the north boundary line of Lot 2 of said Final Plat of Cypress Addition, bears N 69027'35" E for a distance of 20.21 feet; THENCE, with the north boundary line of said Lot 1, Final Plat of Cypress Addition, the south boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract, the south boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, the following four (4) courses and distances: 1. S 69°27'35" W passing at a distance of 266.18 feet a 1/2" iron rod found (spinner) monumenting the southwest corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the southeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract, in all a total distance of 370.88 feet to a 112" iron rod found monumenting an angle point hereof; 2. S 67°44'06" W for a distance of 171.32 feet to a 112" iron rod found monumenting an angle point hereof; 3. S 63°52'09" W for a distance of 101.47 feet to a 112" iron rod found monumenting an angle point hereof; 4. S 56°52'26" W for a distance of 130.20 feet to a 112" iron rod found monumenting the most southerly southwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and an angle point in said north boundary line of Lot 1, Final Plat of Cypress Addition, same being on an angle point in the east boundary line of a called 26.208 acre tract of land (TRACT 3) conveyed to CRPHYH, L.P. as recorded in Document No. 2005003003 of the Official Public Records of Williamson County, Texas, for the most southerly southwest corner hereof, from which a 112" iron rod found monumenting the northwest corner of said Lot 1, Final Plat of Cypress Addition and an angle point in said east boundary line of the 26.208 acre CRPHYH, L.P. tract bears S 56°04'36" W for a distance of 29.17 feet; THENCE, with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and said east boundary line of the 26.208 acre CRPHYH, L.P. tract, the following three (3) courses and distances: 1. N 38°12'07" W for a distance of 204.53 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof; 2. N 60°26'12" W for a distance of 633.89 feet to the center of a wastewater manhole, for an angle point hereof; 3. N 55°54'08" W for a distance of 66.59 feet to a 112" iron rod set with cap marked "Diamond Surveying", for the most westerly southwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the north corner of said 26.208 acre CRPHYH, L.P. tract, same being on the east boundary line of said 10.881 acre State of Texas tract and the east right-of-way line of said Interstate Highway No. 35, from which a TXDOT Type 1 concrete monument found monumenting the beginning of a curve to the left in said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35, bears S 02°02'52" E for a distance of 47.16 feet; THENCE, N 02°02'52" W with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35 for a distance of 547.98 feet to the POINT OF BEGINNING hereof and containing 18.389 acres of land more or less. Bearing Basis: State Plane Coordinate System; NAD83, Texas Central Zone (4203). Distances shown hereon are surface based on a combined surface adjustment factor of 1.00011. A survey drawing has been prepared to accompany this metes and bounds description. 00M, 6� AvCLrD j5VFL//Z D,§1JfO, vt C( .�9�:1�r*�'f'.•,�SJ�J �P.•��l$Ir`Rf :.yam ...............8......o. ..f8d�z%.0 .... . SHAIJE SHAFER ................ July 19, 2018 6'1 , 9,,,,'°°es sly'• y� SHANE SHAFER, R.P. L.S. NO. 5281 DATE SUR,�� Z IWAELTZ & PRE1'E\NIcNE1L PARI. ROUND ROCK,, LAND "Trl L[_ St. RM1117-19-1-J 18 NLTIY BROWN LTS M&B doc EXH113IT "B" PROPERTY DESCRIPTIONS AND DEFINITIONS 1. "Developer's Rights" shall mean and refer to all of Assignor's rights as declarant or otherwise under any restrictive covenants or other agreements or documents of any kind or nature relating to or concerning all or any portion of the Real Property. 2 "Governmental Approvals and Permits" shall mean and refer to all approvals, permits, licenses, and,,` or applications of any kind or nature which have been issued by or which are on file with any governmental agencies, departments or authorities with respect to the Real Property, including, w ithout limitation, all zoning approvals, subdivision approvals, special permit approvals. land development permits, building permits, and:''or certificates of occupancy. 3. -Intangible Pro ertv" shall mean and refer to all intangible property of any kind or nature owned or held by Assignor in connection with the Personal Property, the Real Property and: or the businesses now conducted thereon or therein, and the right to the use thereof, including without limitation. all of Assignor's right. title and interest in and to all trade names, trademarks, logos, or other identifying materials used in connection with the Real Property and.. -'or the Personal Property. 4. "Utility Ser%ice Permits" shall mean and refer to all water. wastewater, electric, gas, cable television. telephone, and other utility service rights, permits. and:or applications relating to or benefiting the Real Property, including, without limitation, all utility taps, utility commitments. and -or utility meters. 5. "Warranties" shall mean and refer to all warranties. guarantees, and indemnities relating to the Personal Property and: or the Real Property, and all claims thereunder. H-1 RELEASE AND TERMINATION OF RESTRICTIONS AND REVERSIONARY INTERESTS STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: THIS RELEASE AND TERMINATION OF RESTRICTIONS AND REVERSIONARY INTERESTS ("Release and Termination") is made effective as of this j— day of August, 2019 ("Effective Date") by and between the City of Round Rock, a Texas home -rule municipality ("City') and TOTKN, LLC, a Texas limited liability company (`'TOTKN"). RECITALS A. By the Deed for Community Park recorded in Volume 778, Page 330, Deed Records of Williamson County. Texas. McNeilab. Inc. con eyed a 14.064 -acre tract of land to the City for use as a municipal park; B. By the Deed for Community Park recorded in Volume 871, Page 369, Deed Records of Williamson County, Tex&, McNeilab, Inc. com eyed a 2.35 -acre tract of land to the City for use as a municipal park; C. By the Warranty Deed recorded in Volume 871. Page 374, Deed Records of Williamson County, 7 exas, McNeilab, Inc. conveyed a 2.00 -acre tract of land to the City for use as a municipal park; D. Each of the three above described deeds are referred to collectively as the "Part: Deeds" and the approximately 18.414 acres of land conveyed to the City by the Park Deeds is referred to as the "Park Land;" E. Each of the Park Deeds included restrictions limiting the Park Land to use as a community park and further limiting the type of uses allm ed on the Part: Land (collectively, the "Restrictions"); F. In each Park Deed, McNeilab, Inc., reserved a reversionary interest that would terminate each Park Deed and the conveyance of the Park Land to the City. if the City violated the Restrictions (—Reversionary Interests"); G. McNeil -PPC. Inc. a New Jersey corporation, as a successor of McNeilab, Inc ("McNeil -PPC"). coneyed to McNeil Retail. Ltd, a Texas limited partnership ("MeNeil Retail'), all of McNeil-PPC's rights to enforce the Restrictions and the Reversionary Interests by the Special Warranty Deed recorded in Document No.2005073604, Official Public Records of Williamson County, Texas; H. On September 28, 2006, McNeil Retail, conveyed to the City all of McNeil Retail's rights to enforce the Restrictions and Reversionary Interests by the Gift Deed recorded in I Document No. 2006087974, Official Public Records of Williamson County, Texas ("Girt Deed"); I. The City has re -zoned the Park Land to Planned Unit Development ("PUD"). a copy of the City ordinance zoning the Park Land as PUD is recorded in Document No. 2018011229, Official Public Records of Williamson County, Texas; J. Of even date hereof, the City has conveyed the Part: Land to TOTKN by the Special Warranty Deed recorded in Document No. , Official Public Records of Williamson County, Texas ("TOTKN Property"); K. The TOTKN Property contains approximately 18.389 acres of land, as more particularly described by metes and bounds in the attached Exhibit A; L. The TOTKN Property may be subject to the Restrictions and Reversionary Interests described above; and M. The City and TOTKN desire release and terminate the Restrictions and Reversionary Interests as applied to the TOTKN Property. NOW, THFRFFORE, in consideration for Ten Dollars ($10.00), the above stated Recitals. the covenants, representations and warranties contained in this instrument of release and termination, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged each by the City and TOTKN and their respective successors. grantees, and assigns. the City and TOTKN hereby agree as follows: 1.1 Release and Termination of Restrictions and Reversionary Interests. The City hereby releases and tenninates the Restrictions and Reversionary Interests for all purposes and said Restrictions and Reversionary Interests shall be of no further force and effect as to the T01 KN Property. 1.2 Recitals Are True and Correct. T he City and TOTKN each hereby acknowledge, agree, represent and warrant to the other that above stated Recitals are true and correct. 1.3 City Representation. The City represents and warrants to TO rKN that the City has not conveyed or contracted to convey any rights arising under or relating to the Restrictions and Reversionary Interests to any third part) prior to the effective date of this instrument. ��.,0� Executed this tt day of August, 2018. City of Round Rock, a Texas home -rule municipalit} By: po'w&� Name: 4.4-a'(,i Title: STATE OFTEXAS COUNTY OF WILLIAMSON § This instrurent v%as acknowledged before me on _ _, 2018, by UARIM liltit y�OL of Cit} of Roun Rock, a Texas home -rule municipality, on be i ctr� tic �lil}. 111 Pi �. • E %, .•.'s�o'. Notar} Public in and for I lie State of Texas 7 I :xccuted this day of August, 2018. TO-rKN. LLC, a Texas limited liability company By: Name: James Michael Farr Title: Manager STA fE OF 'I I XAS § COON rY OF WILLIAMSON § This instrument «as acknowledged before me on this the day of .2018. by James Michael Farr, Manager of TOTKN, LLC, a Texas limited liability company, on behalf of said compan}. Notary Public in and for The State of Texas EXHIBIT "ANN METES AND BOUNDS DESCRIPTION BEING 18.389 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRIAM EVANS SURVEY, ABSTRACT NO, 212 AND THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS; BEING A PERIMETER DESCRIPTION ENCOMPASSING 1) ALL OF A CALLED 14.064 ACRE TRACT OF LAND; 2) ALL OF A CALLED 2.00 ACRE TRACT OF LAND, AND 3) ALL OF A CALLED 2.35 ACRE TRACT OF LAND — ALL THREE TRACTS, AS DESCRIBED IN GIFT DEED, TO CITY OF ROUND ROCK, RECORDED IN DOCUMENT NO. 2006087974, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 18.389 ACRE TRACT OF LAND SURVEYED ON THE GROUND BY DIAMOND SURVEYING, INC. DURING THE MONTH OF AUGUST, 2017 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" iron rod found (Grid Coordinates: N=10175359.56, E=3127918.13) monumenting the northwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the southwest corner of Lot 1, University Oak Shopping Center Section 1, a Replat of Lots 2B & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-233, Plat Records of Williamson County, Texas a subdivision recorded in Cabinet FF, Slides 380-381 of the Plat Records of Williamson County, Texas, same being on the east boundary line of a called 10.881 acre tract of land (PART 1) conveyed to the State of Texas as recorded in Volume 479, Page 85 of the Deed Records of Williamson County, Texas, same being on the east right-of-way line of Interstate Highway No. 35, for the northwest corner and POINT OF BEGINNING hereof, from which an iron rod found with cap marked "CS LTD" monumenting the northwest corner of said Lot 1, bears N 02°02'52" W passing at a distance of 112.57 feet an iron rod found with cap marked "CS LTD" monumenting the northeast corner of said 10.881 acre State of Texas tract, in all a total distance of 187.02 feet; THENCE, departing the east boundary line of said 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35, with the north boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the south boundary line of Lot 1 and Lot 2 of said University Oak Shopping Center Section 1, a Replat of Lots 2B & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-233, Plat Records of Williamson County, Texas, the following three courses and distances: 1. S 81050'22" E for a distance of 173.32 feet to a PK Nail set on top of a wall, for an angle point hereof; 2. S 52010'22" E for a distance of 172.57 feet to a 112" iron rod found, for an angle point hereof; 3. N 75°40'22" E passing at a distance of 99.56 feet a 112" iron rod found monumenting the southeast corner of said Lot 1 and the southwest corner of said Lot 2, in all a total distance of 171.06 feet to a 112" iron rod found monumenting the northeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the most southerly southeast corner of said Lot 2, same being on an angle point in the west boundary line of Lot 2D, Block A, Replat of Lot 2 of East Chandler Retail Center a subdivision recorded in Cabinet CC, Slides 230-233 of the Plat Records of Williamson County, Texas, for the most northerly northeast corner hereof; THENCE, S 34°51'57" E with the east boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the west boundary line of said Lot 2D, Block A for a distance of 529.34 feet to a 112" iron rod found monumenting the northwest corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the southwest corner of said Lot 2D, Block A. for an angle point hereof; THENCE, with the north boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said Lot 2D, Block A, the following two (2) courses and distances: 1. N 71°07'46" E for a distance of 229.82 feet to a 112" iron rod found for an angle point hereof; 2. N 64°25'25" E for a distance of 164.65 feet to a 112" iron rod found monumenting the northeast corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the northwest corner of said 2.35 acre (TRACT 3) City of Round Rock tract; THENCE, N 63°52'39" E with the north boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the south boundary line of Lot 2D, Block A and Lot 21, Block A of said Replat of Lot 2 of East Chandler Retail Center, passing at a distance of 12.74 feet a 112" iron rod found 0.13' south of this line, in all a total distance of 238.32 feet to a 112" iron rod found monumenting the northeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract and the northwest corner of Lot 3, Block B, Oakmont Centre Section Five a subdivision recorded in Cabinet F, Slides 139-142 of the Plat Records of Williamson County, Texas for the most easterly northeast corner hereof; THENCE, with the east boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the west boundary line of said Lot 3, Block B, the following three (3) courses and distances: 1. S 25°55'00' E for a distance of 348.40 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 76°09'32" W for a distance of 7.24 feet; 2. S 46°48'00" W for a distance of 60.46 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 00°11'34" W for a distance of 4.53 feet; 3. S 02°45'00" W for a distance of 120.87 feet to a 112" iron rod set with cap marked "Diamond Surveying", for the southeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract, same being on the north boundary line of Lot 1, Final Plat of Cypress Addition, a subdivision recorded in Cabinet N, Slides 266-268 of the Plat Records of Williamson County, Texas, for the southeast corner hereof, from which a 112" iron rod found monumenting an angle point in the north boundary line of Lot 2 of said Final Plat of Cypress Addition, bears N 69027'35" E for a distance of 20.21 feet; THENCE, with the north boundary line of said Lot 1, Final Plat of Cypress Addition, the south boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract, the south boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, the following four (4) courses and distances: 1. S 69°27'35" W passing at a distance of 266.18 feet a 112" iron rod found (spinner) monumenting the southwest corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the southeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract, in all a total distance of 370.88 feet to a 112" iron rod found monumenting an angle point hereof; 2. S 67°44'06" W for a distance of 171.32 feet to a 112" iron rod found monumenting an angle point hereof; 3. S 63°52'09" W for a distance of 101.47 feet to a 112" iron rod found monumenting an angle point hereof; 4. S 56°52'26" W for a distance of 130.20 feet to a 112" iron rod found monumenting the most southerly southwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and an angle point in said north boundary line of Lot 1, Final Plat of Cypress Addition, same being on an angle point in the east boundary line of a called 26.208 acre tract of land (TRACT 3) conveyed to CRPHYH, L.P. as recorded in Document No. 2005003003 of the Official Public Records of Williamson County, Texas, for the most southerly southwest corner hereof, from which a 112" iron rod found monumenting the northwest corner of said Lot 1, Final Plat of Cypress Addition and an angle point in said east boundary line of the 26.208 acre CRPHYH, L.P. tract bears S 56004'36" W for a distance of 29.17 feet; THENCE, with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and said east boundary line of the 26.208 acre CRPHYH, L.P. tract, the following three (3) courses and distances: 1. N 38012'07" W for a distance of 204.53 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof; 2. N 60°26'12" W for a distance of 633.89 feet to the center of a wastewater manhole, for an angle point hereof; 3. N 55°54'08" W for a distance of 66.59 feet to a 112" iron rod set with cap marked "Diamond Surveying", for the most westerly southwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the north corner of said 26.208 acre CRPHYH, L.P. tract, same being on the east boundary line of said 10.881 acre State of Texas tract and the east right-of-way line of said Interstate Highway No. 35, from which a TXDOT Type 1 concrete monument found monumenting the beginning of a curve to the left in said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of interstate Highway No. 35, bears S 02°02'52" E for a distance of 47.16 feet; THENCE, N 02°02'52" W with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35 for a distance of 547.98 feet to the POINT OF BEGINNING hereof and containing 18.389 acres of land more or less. Bearing Basis: State Plane Coordinate System, NAD83, Texas Central Zone (4203). Distances shown hereon are surface based on a combined surface adjustment factor of 1.00011. A survey drawing has been prepared to accompany this metes and bounds description. C 1�aG7?l`��cn sua -r E,7"Yivr muc C T��IS `1'i�r'aSi'a'RiTCO• .t�too ............HAFER............July 19, 2018 1SHANE SHAFER, R.P.L.S. NO. 5281 DATE`t�' Z %kAELZZ & PRLM AIcNEIL PARE. ROUND ROCK. LAND TITLE SURVr.l''.1.111-=t; I8 NU'rTY BROWN, I TS NMB J%x; Special Warranty Deed 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 record in the public records: your Social Security number or your driver's license number. Date: August 14, 2018 Grantor: City of Round Rock, Texas Grantor's Mailing Address: 221 E. Main St. Round Rock, Texas 78665 Grantee: TOTKN, LLC, a Texas limited liability company Grantee's Mailing Address: Consideration: Ten Dollars ($10.00) and other good and valuable consideration Property (including any improvements): BEING AN 18.389 ACRE TRACT OF LAND SITUATED IN THE EPHRIAM EVANS SURVEY, ABSTRACT NO. 212 AND THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE CALLED 14.064 ACRE TRACT OF LAND (TRACT 1), ALL OF THE CALLED 2.00 ACRE TRACT OF LAND (TRACT 2) AND ALL OF THE CALLED 2.35 ACRE TRACT OF LAND (TRACT 3), SAID TRACTS CONVEYED TO THE CITY OF ROUND ROCK, RECORDED IN DOCUMENT NO. 2006087974, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 18.389 ACRE TRACT OF LAND SURVEYED ON THE GROUND BY DIAMOND SURVEYING, INC. DURING THE MONTH OF AUGUST, 2017 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ATTACHED HERETO AS EXHIBIT "A". Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: The conveyance and warranty of title herein is made and accepted subject to those matters listed on Exhibit B attached hereto, outstanding royalty and mineral reservations, and to all zoning laws, regulations, statutes, restrictions and ordinances of any municipal and/or other governmental authorities, but only to the extent they are in effect and enforceable against the Property and the Grantee herein named. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. Sara White, City Clerk City of R d Roc Tex By: _ _ Craig organ, yor ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 1.3 day of August, 2018 by Craig Morgan, Mayor of the City of Round Rock, Texas. TERRI WOODMANCY r-= My Notary ID # 7042185 Notary Public ;. Expires March 27, 2021 .Pl:.• Seal Exhibit A METES AND BOUNDS DESCRIPTION FOR A 18.389 ACRE TRACT OF LAND SITUATED IN THE EPHRIAM EVANS SURVEY, ABSTRACT NO. 212 AND THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE CALLED 14.064 ACRE TRACT OF LAND (TRACT 1), ALL OF THE CALLED 2.00 ACRE TRACT OF LAND (TRACT 2) AND ALL OF THE CALLED 2.35 ACRE TRACT OF LAND (TRACT 3), SAID TRACTS CONVEYED TO THE CITY OF ROUND ROCK, RECORDED IN DOCUMENT NO. 2006087974, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 18.389 ACRE TRACT OF LAND SURVEYED ON THE GROUND BY DIAMOND SURVEYING, INC. DURING THE MONTH OF AUGUST, 2017 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found (Grid Coordinates: N=10175359.56, E=3127918.13) monumenting the northwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the southwest corner of Lot 1, University Oak Shopping Center Section 1, a Replat of Lots 213 & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-23.3, Plat Records of Williamson County, Texas a subdivision recorded in Cabinet FF, Slides 380-381 of the Plat Records of Williamson County, Texas, same being on the east boundary line of a called 10.881 acre tract of land (PART 1) conveyed to the State of Texas as recorded in Volume 479, Page 85 of the Deed Records of Williamson County, Texas, same being on the east right-of-way line of Interstate Highway No. 35, for the northwest corner and POINT OF BEGINNING hereof, from which an Iron rod found with cap marked "CS LTD" monumenting the northwest comer of said Lot 1, bears N 02°02'52" W passing at a distance of 112.57 feet an iron rod found with cap marked "CS LTD" monumenting the northeast comer of said 10.881 acre State of Texas tract, in all a total distance of 187.02 feet; THENCE, departing the east boundary line of said 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35, with the north boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the south boundary line of Lot 1 and Lot 2 of said University Oak Shopping Center Section 1, a Replat of Lots 2B & 2C, Block A, East Chandler Retail Center Replat of Lot 2, Recorded in Cabinet CC, Slides 230-233, Plat Records of Williamson County, Texas, the following three courses and distances: 1. 5 81°50'22" E for a distance of 173.32 feet to a PK Nail set on top of a wall, for an angle point hereof; 2. S 52010122" E for a distance of 172.57 feet to a 112" iron rod found, for an angle point hereof; 3. N 7540'22" E passing at a distance of 99.56 feet a 112" iron rod found monumenting the southeast comer of said Lot 1 and the southwest corner of said Lot 2, in all a total distance of 171.06 feet to a 112" iron rod found monumenting the northeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the most southerly southeast corner of said Lot 2, same being on an angle point in the west boundary line of Lot 20, Block A, Replat of Lot 2 of East Chandler Retail Center a subdivision recorded in Cabinet CC, Slides 230-233 of the Plat Records of Williamson County, Texas, for the most northerly northeast corner hereof; THENCE, S 34°51'57" E with the east boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and the west boundary line of said Lot 2D, Block A for a distance of 529.34 feet to a 112" iron rod found monumenting the northwest comer of said 2.00 acre (TRACT 2) City of Round Rock tract and the southwest comer of said Lot 2D, Block A, for an angle point hereof; THENCE, with the north boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said Lot 2D, Block A, the following two (2) courses and distances: 1. N 71007146" E for a distance of 229.82 feet to a 112" iron rod found for an angle point hereof; 2. N 64025'25" E for a distance of 164.65 feet to a 112" iron rod found monumenting the northeast corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the northwest corner of said 2.35 acre (TRACT 3) City of Round Rock tract; THENCE, N 63°52139" E with the north boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the south boundary line of Lot 2D, Block A and Lot 21, Block A of said Replat of Lot 2 of East Chandler Retail Center, passing at a distance of 12.74 feet a 112" iron rod found 0.13' south of this line, in all a total distance of 238.32 feet to a 112" iron rod found monumenting the northeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract and the northwest comer of Lot 3, Block B, Oakmont Centre Section Five a subdivision recorded in Cabinet F, Slides 139-142 of the Plat Records of Williamson County, Texas for the most easterly northeast comer hereof; THENCE, with the east boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract and the west boundary line of said Lot 3, Block B, the following three (3) courses and distances: 1. S 25°55100' E for a distance of 348.40 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 76°09'32" W for a distance of 7.24 feet; 2. S 46°48'00" W for a distance of 60.46 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof, from which a 112" iron rod found bears N 00°11'34" W for a distance of 4.53 feet; 3. S 02045100" W for a distance of 120.87 feet to a 112" iron rod set with cap marked "Diamond Surveying", for the southeast corner of said 2.35 acre (TRACT 3) City of Round Rock tract, same being on the north boundary line of Lot 1, Final Plat of Cypress Addition, a subdivision recorded in Cabinet N, Slides 266-268 of the Plat Records of Williamson County, Texas, for the southeast corner hereof, from which a 112" iron rod found monumenting an angle point in the north boundary line of Lot 2 of said Final Plat of Cypress Addition, bears N 69027'35" E for a distance of 20.21 feet; THENCE, with the north boundary line of said Lot 1, Final Plat of Cypress Addition, the south boundary line of said 2.35 acre (TRACT 3) City of Round Rock tract, the south boundary line of said 2.00 acre (TRACT 2) City of Round Rock tract and the south boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, the following four (4) courses and distances: 1. S 6902735" W passing at a distance of 266.18 feet a 112" iron rod found (spinner) monumenting the southwest corner of said 2.00 acre (TRACT 2) City of Round Rock tract and the southeast corner of said 14.064 acre (TRACT 1) City of Round Rock tract, in all a total distance of 370.88 feet to a 112" iron rod found monumenting an angle point hereof, 2. S 67°44'06" W for a distance of 171.32 feet to a 112" iron rod found monumenting an angle point hereof; 3. S 63°52'09" W for a distance of 101.47 feet to a 112" iron rod found monumenting an angle point hereof; 4. S 56052'26" W for a distance of 130.20 feet to a 112" iron rod found monumenting the most southerly southwest comer of said 14.064 acre (TRACT 1) City of Round Rock tract and an angle point in said north boundary line of Lot 1, Final Plat of Cypress Addition, same being on an angle point in the east boundary line of a called 26.248 acre tract of land (TRACT 3) conveyed to CRPHYH, L.P. as recorded in Document No. 2005003003 of the Oficial Public Records of Williamson County, Texas, for the most southerly southwest corner hereof, from which a 112" iron rod found monumenting the northwest corner of said Lot 1, Final Plat of Cypress Addition and an angle point in said east boundary line of the 26.208 acre CRPHYH, L.P. tract bears S 56°04'36" W for a distance of 29.17 feet; THENCE, with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract and said east boundary line of the 26.208 acre CRPHYH, L.P. tract, the following three (3) courses and distances: 1. N 38012107" W for a distance of 204.53 feet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof; 2. N 60026112" W for a distance of 633.89 feet to the center of a wastewater manhole, for an angle point hereof; 3. N 55054108" W for a distance of 66.69 feet to a 112" iron rod set with cap marked "Diamond Surveying", for the most westerly southwest corner of said 14.064 acre (TRACT 1) City of Round Rock tract and the north comer of said 26.208 acre CRPHYH, L.P. tract, same being on the east boundary line of said 10.881 acre State of Texas tract and the east right-of-way line of said Interstate Highway No. 35, from which a TXDOT Type 1 concrete monument found monumenting the beginning of a curve to the left in said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35, bears S 02002'52" E for a distance of 47.16 feet; THENCE, N 02°02'52" W with the west boundary line of said 14.064 acre (TRACT 1) City of Round Rock tract, said east boundary line of the 10.881 acre State of Texas tract and said east right-of-way line of Interstate Highway No. 35 for a distance of 547.98 feet to the POINT OF BEGINNING hereof and containing 18.389 acres of land more or less: Bearing Basis: State Plane Coordinate System, NAD83, Texas Central Zone (4203). Distances shown hereon are surface based on a combined surface adjustment factor of 1.00011. A survey drawing has been prepared to accompany this metes and bounds description. fp0�l�l UMEMAD, GEOMMM6Y�7�, TA MM C�NEC TF- (M.V 01-3to1�R f. {-Q 0.J+...........APERMay 23, 2018 1SHANE SHAFER, R.P.L.S. NO. 5281 DATE `l &AWAELTZ & PRETENd-ML PARKROUND ROCKt_LAND TITLE SURVEYI5-25-2018 NUTTY BROWN LTS M&B doe EXHIBIT B. 10. The following matters and all terms of the documents creating or offering evidence of the matters A. Easement: Recorded: Volume 483, Page 39, Deed Records, Williamson County, Texas. To: Brushy Creek Water Control and Improvement District No.1 B. Easement: Recorded: Volume 477, Page 388, Deed Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: Texas Power & Light Company C. Easement: Recorded: Volume 490, Page 613, Deed Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: Texas Power & Light Company D. Easement: Recorded: Volume 543, Page 301, Deed Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: Southwestern Bell Telephone Company E. Easement: Recorded: Volume 548, Page 625, Deed Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: City of Round Rock P. Easement: Recorded: Volume 716, Page 740, Deed Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: City of Round Rock G. Easement: Recorded: Volume 782, Page 35, Deed Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: Texas Power & Light Company H. Easement: Recorded: Volume 1515, Page 971, Official Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: Texas Power & Light Company 1. Easement: Recorded: Document No. 2003121819, Official Public Records, Williamson County, Texas, as shown on survey dated May 23, 2018, prepared by Shane Shafer, RPLS No. 5281. To: Public J. Terms, Conditions, and Stipulations oflin connection with City of Round Rock Ordinance: (approved 21812018) Recorded: Document No. 2018011229, Official Public Records, Williamson County, Texas. Type: Planned Unit Development No. 112 (Ord. No. 0-2018-5161 - for outdoor music amphitheater, restaurant and bar K. Inclusion within the Upper Brushy Creek WCID; being evidenced by the Williamson County Central Appraisal District property detail sheet for subject land(s). L. Inclusion within the Williamson County Road (FMIRD) District; being evidenced by the Williamson County Central Appraisal District property detail sheet for subject land(s). M. All leases, grants, exceptions or reservation of coal, lignite, oil, gas and other mineral, together with all rights, privileges, and immunities relating thereto appearing in the public records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. N. Matters reflected on survey prepared by Shane Shafer, R.P.L.S. No. 5281, dated 512312018: 1. Any claim, right, or assertion of title by the adjoining land owner in and to that strip of land located between the property line and the fence(s). 2. Encroachment or protrusion of gravel area onto or over the easternmost North property line. NOTICE OF CONFIDENTIALTY RIGHTS - IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE OF DEED RESTRICTIONS THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLTAMSON WHEREAS, on September 28, 2006, MCNEIL RETAIL, LTD., a Texas limited partnership, ("McNeil") executed a Deed of Gift to the CITY OF ROUND ROCK, TEXAS, ("City") recorded in Document Number 2006087974, Official Public Records of Williamson County, Texas ("Deed"); and WHEREAS, said Deed contained following restrictions and covenants: 1. If the use of the Property as a community park and recreation area shall cease, then and in any such event, the Property shall thereafter be occupied and used solely for retail, restaurant and/or hotel use ("Covenant No. 1"); and 2. McNeil reserves the right to receive ten percent (10%) of the net proceeds of any sale of the Property (or any portion thereoJ), by City after the date hereof. ("Covenant No. 2"); and WHEREAS, the Property subject to Covenant No. 1 and Covenant No.2 is described in the attached Exhibit A; WHEREAS, of even date herewith, the City has conveyed the Property to TOTKN, LLC, a Texas limited liability company; and WHEREAS, McNeil and City wish to release, abandon, terminate and discharge Covenant No and Covenant No. 2. NOW THEREFORE, in consideration of the payment set forth in Covenant No.2, and other good and valuable consideration paid by the City to McNeil, the receipt and sufficiency of which is acknowledged, the undersigned do hereby agree as follows: 1. McNeil hereby releases, abandons, terminates, and forever discharges Covenant No. 1 and shall no longer be imposed on the Property described in the attached Exhibit A. 2. McNeil hereby acknowledges that City's obligation to pay McNeil the sum of money set forth in Covenant No. 2 has been filly and completely discharged and paid in full. 3. McNeil hereby releases, abandons, terminates, and forever discharges Covenant No. 2. Covenant No. 2 shall no longer be imposed on the Property described in the attached Exhibit A. 4. McNeil hereby represents and warrants to the City that McNeil has not previously conveyed or encumbered any of McNeil's rights, title or interest in the above described Covenant No. 1 and Covenant No. 2. 5. Covenant No. 1 and Covenant No. 2 are hereby terminated and each term, condition, and provision will have no effect as of the effective date of this Release of Deed Restrictions. EXECUTED to be effective this the day of August, 2018. MCNEYL MCNEIL RETAIL, LTD., a Texas limited partnership By: EGP Retail Management, L.L.C. a Texas limited liability company, its general partner By: Name: Title: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on 2018, by (Name), (Title) of EGP Management, L.L.C., a Texas limited liability company, General Partner of McNeil Retail, Ltd., a Texas limited partnership, on behalf of said company and limited partnership. Notary Public in and for the State of Texas CITY CITY OF ROUND ROCK, TEXAS By: Laurie Hadley, City Manager STATE OF TEXAS COUNTY OF WILLIA.MSON This instrument was acknowledged before me on A 2018, by Laurie Hadley, City Manager of the City of Round Rock, a Texas home rule c%,, on behalf of said City. 51 Notary Public in and for the State of Texas i SO o i � 19r- of �y�:' SELLER'S STATEMENT Date: August 14, 2018 GFNo: 1829323 -COM Sale From: City of Round Rock, Texas, a home rule municipal To: TOTKN, LLC, a Texas limited liability company corporation 1011 Westland Ridge Road 221 East Main Street Dripping Springs, TX 78620 Round Rock, TX 78664 Property: 18.389 acres, more or less, in the EPHRIAM EVANS SUR., ABS. NO. 212 & DAVID CURRY SUR., ABS. NO. 130, Williamson County, TX IH 35 Round Rock, TX 78664 Sales Price $1,100,000.00 Reimbursements/Credits Total Reimbursements/Credits Gross Amount Due to Seller ,� Less: Charges and Deductions W_w $0.00 $1,100,000.00 Attorney's Fees to Sheets & Crossfield FOC Tax Certificate to Texas Real Tax Services, Ltd.$43.30 Title Insurance to Independence Title Co. ....,,,....... .. $6,317.00 OP Single Issue $6,317.00 Guaranty Assessment Recoupment Charge to Texas Title insurance Guaranty Association �._.., . ,.,.- x. ,..., .,., ............... .�.,....y _. $4.50 Title Company Fees to Independence Title Co. $475.50 Escrow Fee $350.00 Courier Fee $50.00 Recording Fees _._.�_. $72.00 r , ... E -recording Fees .. ,.. __,..._.. $3.50 Reimbursement for Portion of Survey Cost $2,500,00 10% of Net Proceeds pursuant to Doc. No. 2006087974 to McNeil Retail Ltd. $107,281.77 Total Charges and Deductions Net Amount Due to Seller $11G,G22.07 5983,377.93 Seller understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof The lender involved may be furnished a copy of this statement Seller understands that tax and insurance proration and reserves were based on figures for the preceding year or supplied by others or estimates for the current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Se=ler direct,. The undersigned hereby authorizes Independence Titleto make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, to the amount shown above and a receipt of a copy of this Statement Printed at: 08/13/2018 (09:12 am) Comphinents of Independence Title GFNo: 1$29323 -COM Page 2 Independence Title City of Round Rock, Texas, a home rule municipal corporation By _ gy 44. Gay M. Heavilin Name: e Title:Q�, Printed at: 08/13/2018 (09:12 am) Compliments of Independence Title