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CM-2018-1908 - 10/12/2018City of Round Rock TEXA °ROS Agenda Item Summary Agenda Number: Title: Consider executing conveyance documents with Union Pacific Railroad Company regarding 1.041 acre tract of land. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/12/2018 Dept Director: Steve Sheets Cost: Indexes: Attachments: 00411187.PDF, 00411186.PDF Department: Legal Department Text of Legislative File CM -2016-1906 Consider executing conveyance documents with Union Pacific Railroad Company regarding 1.041 acre tract of land. Cost: Source of Funds: Cityof Round Rock Page 1 Printed an 10/8/2018 October 10, 2018 Folder: 3029-84 STEVE S1IEETS CITY OF ROUND ROCK 309 EAST MAIN STREET ROUND ROCK, TEXAS 78664 BUILDING AMERICX Re: Property: 1.041 acre parcel in Round Rock, Texas Grantor: Union Pacific Railroad Company Grantee: City of Round Rock Folder 3029-84 Dear Mr. Sheet: Union Pacific is in receipt of the City of Round Rock's wire transfer in the amount o1' $344,733.84. In return, find enclosed the original executed Deed Without Warranty, Notice to Purchaser and Assignment and Assumption Agreement. Immediately record the Deed Without Warranty and Notice to Purchaser at the Williamson County Courthouse and send me a copy of the recording information electronically at rhofli».an crup_com or by fax at (402) 233-3336 If you have any questions, please contact me at 402-544-8614. Sincerely, n Rebecca Hoffman Senior Manager - Real Estate Cc: Madeline Roebke, UPRR t nion hicilic Ibilroad Ileal rsi ate 1400 Douglas SINCL Stop 1690 Omaha, Nebraska 68179.1690 fx. (402) 233-3336 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 ELECTRONICALLY RECORDED 2018095481 Williamson County, Texas Total Pages: 15 (Space Above For Recorder's Use Only) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 3029-84 DEED WITHOUT WARRANTY STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ) UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (formerly known as Southern Pacific Transportation Company, a Delaware corporation, successor in interest through merger with Union Pacific Railroad Company, a Utah corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Delaware corporation, successor in interest through merger with Missouri Pacific Railroad Company, a Missouri corporation, successor in interest through merger with International -Great Northern Railroad Company, a Texas corporation) ("Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by CITY OF ROUND ROCK, a Texas home rule municipal corporation ("Grantee"), to be addressed at 221 E. Main Street, Round Rock, Texas 78664, the receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey to Grantee, the strip or tract of land ("Property") lying in Williamson County, State of Texas, described in Exhibit A, attached hereto and made apart hereof. EXCEPTING from this conveyance and RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to 64 2-olt-- j qvj Is 2018495481 Page 2 of 15 exist or hereafter discovered underlying the Property, including without limiting the generality ofthe foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual rights to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface ofthe Property, or to interfere with the use thereof by Grantee, its successors and assigns. The Property is conveyed by Grantor subject to the following covenant, condition and restriction which Grantee, by the acceptance of this Deed Without Warranty, covenants for itself, its successors and assigns, faithfully to keep, observe and perform: Restriction on Use. The Property must not be used for (i) residential, (ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or child-care facilities (including, without limitation, schools, kindergartens orday-care centers). The foregoing and following covenants, conditions, and restrictions shall run with the Property, the burdens of which will be binding on the successors and assigns of Grantee and the benefits of which will inure to the successors and assigns of Grantor. A breach ofthe foregoing and following covenants, conditions, and restrictions, or the continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined, abated, or remedied by appropriate proceedings. Environmental Covenants: (a) "As Is" Sale. Grantee, for itself, its successors and assigns, including any successor owner of any interest in the Property, acknowledges and agrees that the Property has been sold and conveyed to and accepted by Grantee in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantee acknowledges and agrees that any information Grantee may have received from Grantor or its agents concerning the Property (including, but not limited to, any lease or other document, engineering study or environmental assessment) was furnished on the condition that Grantee would make an independent verification ofthe accuracy ofthe information. Grantor does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Property; in particular, without limitation, Grantor makes no representations or warranties with respect to the use, condition, title, occupation or management of the Property, or compliance with applicable statutes, laws, codes, ordinances, regulations, requirements (collectively, "Condition ofthe Property"). Grantee acknowledges and agrees that the Property has been sold and conveyed on the basis of Grantee's own independent investigation of the physical and environmental conditions ofthe Property. Grantee assumes the risk that adverse physical and environmental conditions may not have been revealed by its investigation. 2 2018095481 Page 3 of 15 (b) Release and Indemnity. GRANTEE, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, INCLUDING ANY SUCCESSOR OWNER OF ANY INTEREST IN THE PROPERTY, HEREBY RELEASES GRANTOR, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEMNIFIES, DEFENDS AND SAVES HARMLESS GRANTOR, ITS AFFILIATES, THEIR EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CAUSES OF ACTION, LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS, FINES, PUNITIVE DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE KNOWN OR UNKNOWN CONDITION OF THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY CONTAMINATION IN, ON, UNDER OR ADJACENT TO THE PROPERTY BY ANY HAZARDOUS OR TOXIC SUBSTANCE OR MATERIAL), OR ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION APPLICABLE THERETO, INCLUDING, WITHOUT LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY ACT. THE FOREGOING WILL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF GRANTOR, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS OR OFFICERS. This conveyance is made without any warranty, express or implied, including, without limitation, any warranty or covenant implied under the provisions of Section 5.023 of the Texas Property Code, which provisions are hereby expressly waived by Grantee even as to the return of the purchase price. (Remainder ofpage intentionally left blank) 3 2018095481 IN WITNESS WREREOF, Grantor has duly executed this instrument this day of Oad j? C r' , 2018. Attest: va�� Assistt Secretary (Seal) STATE OF NEBRASKA ) )5s. COUNTY OF DOUGLAS ) UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By; "-� Title: _Assistant ViceProldont - Real RNID Page 4 of 15 The foregoing instrument was acknowledged before me this day of QC e r .2018 by .T. Kubc and C 1, ; .., f'Sect-wk and ,,A .V• . , ed Fs a l e of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, on behalf of the corporation. WITNESS my hand and official seal. GEWX NOTARY • stare K Neftral® , } COI.BY A1NKf:R (� L My COMIM UP May 30, 2020 Notary Public (Seal) 4 2018095481 Pane 5 of 15 Grantee hereby accepts this Deed Without Warranty and agrees for itself its successors and assigns, to be bound by the covenants set forth herein. Dated this kk day of a &k&4--,201 8. CITY OF ROUND ROCK, a Texas home rule municipal corporation By- Gs Its: STATE OF TEXAS ) ) ss. COUNTY OF WILLIAMSON ) This' lent }�`p4ackno ed ed be re me on9�,2018 by 0 __ .1Gf—of CITY OF ROUND ROCK, a Texas home rule municipal corporation, on behalf of said a 'ty. (Seal) otary Public 1.041 Acres. U.P.R. R, Remainder Tract EXHIBITA_ PROPERTY DESCRIPTION 2018095481 Page 6 of 15 Page 1 of 3 DESCRIPTION OF A 1.041 ACRE (45,341 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57,36 ACRE TRACT DESCRIBED IN DEED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) RECORDED IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF THAT CALLED 3.00 ACRE EASEMENT TRACT ENTERED INTO BETWEEN TRUSTEES OF THE INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UPRR) AND THE STATE OF TEXAS ON OR ABOUT THE 101" DAY OF DECEMBER, 1933 AND RE -AFFIRMED IN A DOCUMENT DATED 12th DAY OF MARCH, 1934 (SAID DOCUMENT WAS RECORDED IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMS0N COUNTY, TEXAS ON THE 11th DAY OF FEBRUARY, 2016 IN DOCUMENT No. 2016011561), SAID 1.041 ACRE (45,341 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112' Iron rod found in the existing northerly Right -of -Way (ROW) line of said U.P.R.R., same being the southwesterly comer of that called 2.1355 acre tract of land described in Special Warranty Deed to the City of Round Rock, Texas and recorded in Document No. 2013081105 (Tract 1) of the Official Public Records of Williamson County, Texas, also being an angle point In the northerly boundary line of said remainder of the 57.36 acne tract, also being in the easterly line of said 3.00 acre easement tract and the existing easterly ROW line of South Mays Street (80' ROW width), for the southeasterly corner and POINT OF BEGINNING of the herein described tract, and from which a broken TxDOT Type 1 concrete highway monument bears S 19024'01" E, at a distance of 4.85 feet; 1) THENCE, departing said existing UPRR ROW line, said 2.1335 acre tract, said easterly line of the 3.00 acre easement tract and said existing easterly ROW line of South Mays Street, through the Interior of said remainder of the 57.36 acre tract, S 57905169" W, at a distance of 82.3 feet, pass the westerly line of said 3.00 acre easement tract and the existing westerly ROW line of said South Mays Street, and continuing for a total distance of 189.28 feet to a previously set 518' iron rod with aluminum cap stamped'CORR ROW" (status unverified) in the southeasterly boundary line of that called 2.043 acre tract of land described In Deed Without Warranty 10 the City of Round Rock, Texas (Exhibit A-3) recorded in Document No. 2014022531 of the Official Public Records of Williamson County, Texas, for the southwesterly corner of the herein described tract; THENCE, with the common boundary line of said remainder of the 57.35 acre tract and said 2.043 acre tract, the following two (2) courses: 2) Along a non4angent curve to the left, having a delta angle of 20006'53", a radius of 264.41 feet, an arc length of 92.83 feel, and a chord which bears N 2904841" E, for a distance of 92.36 feet to a previously set 518" Iron rod with aluminum cap stamped'CORR ROW" (status unverified), being the easterly corner of said 2.043 acre tract and the beginning of a non -tangent curve to the left; 3) Along said curve to the Ion, having a delta angle or 00.51'26", a radius of 2964.93 feet, an arc length of 44.36 feet, and a chord which bears S 47036'29" W, for a distance of 44.36 feet to a calculated point, being an angle point in the westerly boundary line of said remainder of the 57.36 acre tract, same being an angle point In the easterly boundary line of an un -named street as depicted on a map or pial of the City of Round Rock of record in Cabinet A, Slide 190 of the Plat Records of Williamson County, Texas, for an angle point herein; h 'w 1.041 Acres. U.P.R.R. Remainder Tract 20180954B1 page 7 of 15 Page 2 of 3 4) THENCE, departing said 2.043 acre tract, with the common easterly boundary line of said un -named street, and the westerly boundary line of said remainder of the 57.36 acre tract. N 19.24'01" W for a distance of 277.62 feet to a calculated point In the existing southerly ROW fine of Bagdad Avenue (80' ROW width), same being the northwesterly corner of said remainder of the 57.36 acre tract and said 3.00 acre easement tract, for the northwesterly corner of the herein described tract, and from which, a brass disk In concrete stamped "S.W.B. Tele. Co" found, being at the intersection of sold existing southerly ROW line of Bagdad Ave and the existing easterly ROW line of South Blair Street (80' ROW width), same being the northwesterly comer of Block 1. as depicted on said City of Round Rock plat, bears S 70°42'59" W, at a distance of 194.91 feet; 5) THENCE, with the southerly ROW line of said Bagdad Avenue, same being the northerly boundary line of said remainder of the 57.36 acre tract and sold 3.00 easement tract. N 70.42'89" E. at a distance of 75.00 feet, pass said existing westerly ROW line of South Mays Street, and conlinu!ng for a total distance of 155.00 feet to a calculated point in the said existing easterly ROW line of said South Mays Street, being the northeasterly comer of said remainder of the 57.36 acre tract, same being the northwesterly comer of that called 0.065 acre tract of land described In Deed Without Warranty to URBAN INTOWNHOMES, LTD. (a portion of said 3.00 easement tract) recorded in Document No. 2018070779 of the Official Public Records of Williamson County, Texas, for the northeasterly corner of the herein described tract; 6) THENCE, departing said southerly ROW line, with the common easterly ROW line of said South Mays Street, the easterly boundary line of said remainder of the 57.35 acre tract and the westerly boundary line of said 0.065 acre tract, S 19624'01" E for a distance of 75.08 feet to a broken TxDOT Type 1 concrete highway monument found, being the southerly comer of said 0.055 acre tract, same being an angle point In the westerly boundary line of said 2.1355 acre tract, for a point on line herein; 7) THENCE, departing said 0.065 acre tract, continuing with said easterly ROW line, same being the easterly boundary line of said remainder of the 57.36 acre tract and said 3.00 acre easement tract, also being the westerly boundary line of said 2.1355 acre tract, S 19024'01" E, at a distance of 67.44 feet, pass a leaning TxDOT Type 1 concrete highway monument found, and continuing for a total distance of 200.98 feet to the POINT OF BEGINNING, containing 1.041 acres (45,341 square feet) of land, more or less. All bearings cited herein are based on the Texas Slate Plane Coordinate System, Central zone No. 4203, NAD 63. This property description Is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. ESS MY HAND AND SEAL. at Round Rock, Williamson County, Texas. Yawrence M. Russo Registered Professional LldSdveyor No. 5050 Inland Geodelics, L.L.C. Firm Registration No. 100591.00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 S:LCORR-PR0JEC7SW CNML ROAD1uPRR to CORR at MAYS -1.041 ACREWPRR to CORR at MAYS-1.041ACRES Doc. 2018095481 Page B of 15 EXHIBIT " PLAT TO ACCOMPANY DESCRIPTION sin°0Y ts diad ti Na. baa lots! BLOCK 6 d BLOCK 7,� a ur.3'34 SCALE: 1" - 100' BACDAD AVE IaRal 4fl CIE LAR 30'SO'27' faa RSnn 1.00L.3 43%4 r 4- � _ N 70'42'59" I E tam nn• kIta S70'42'59"W ' BLOCK 1 ORIGINAL CITY DF ROUND ROCK SUBDIVISION VOL. 20, PC 224 D.R.IY.C.T. CAD, A. SLD 190 P.R.YI.C.T. OSTENSIBLE ORIGINAL BOUNDARY LINE 57,36 ACRE TRACT (VOL 22. PG. 441) EAT,301C34' 1.00974W,13' EASEMENT NOTE: CITY OF ROUND ROCK, TEXAS PORTION OF MCI BURIED CAOLE EWelt A-3, 2.043 Aaaa AND EASEMENT LOCATED YA1HIN Oar• 20 ]1 O.P•R,1Y.. SUBJECT TRACT C C.TT. �clyt�tl< Rd �n< NOTES: 1 1) BEARINGS SHOWN HEREON ARE BASED ON THE (A1 30'30'24r TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, toR�ar41r43'- CENTRA4 ZONE. DISTANCES ARE SURFACE DISTANCES. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. 3) MONUMENTATION DEPICTED HEREON PREVIOUSLY SET FOR THE 2.043 ACRE TRACT NOT VERIFIED AS IN PLACE AS OF THE DATE OF THIS SURVEY. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE PARTIALLY ON THE GROUND AND PAIRW.LLY FROM RECORD INFORMATION UNDER MY DIRECT SUP VISION. z WRENCE M. RUSSO AT EGISTERED PROFESSIONAL D SURVEYOR NO. 5050 INLAND GEODETICS, LP FIRM REGISTRATION NO, 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78881 45,341 50. p4'VZaA.L�i Pim d j e3�li z''i it d Noll IBlIORE URBAN INTOYINHOMES, LTD. 'DOC. AC.) DOC. 2018070779 O.P.R, Y1 C.T. LEGEND O 1/2' IRON ROD FNO © [RON ROD FOUND 1NTH CAP p CALCULATED PONT Q BRASS MONUMENT FND Q TaDOT TYPE 1 MONUMENT P.0.0. POINT OF BEGINNING D.P.R.MC.T. OFFICIAL PUBLIC RECORDS IALLIAMSON COUNTY, TEXAS D.R.1Y.C•T. DCCO RECORDS YALUAMSON COUNTY, TEXAS P.R.MC.T. PLAT RECORDS %MWAUSO,V COUNTY, TEXAS kIta S70'42'59"W ' BLOCK 1 ORIGINAL CITY DF ROUND ROCK SUBDIVISION VOL. 20, PC 224 D.R.IY.C.T. CAD, A. SLD 190 P.R.YI.C.T. OSTENSIBLE ORIGINAL BOUNDARY LINE 57,36 ACRE TRACT (VOL 22. PG. 441) EAT,301C34' 1.00974W,13' EASEMENT NOTE: CITY OF ROUND ROCK, TEXAS PORTION OF MCI BURIED CAOLE EWelt A-3, 2.043 Aaaa AND EASEMENT LOCATED YA1HIN Oar• 20 ]1 O.P•R,1Y.. SUBJECT TRACT C C.TT. �clyt�tl< Rd �n< NOTES: 1 1) BEARINGS SHOWN HEREON ARE BASED ON THE (A1 30'30'24r TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, toR�ar41r43'- CENTRA4 ZONE. DISTANCES ARE SURFACE DISTANCES. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. 3) MONUMENTATION DEPICTED HEREON PREVIOUSLY SET FOR THE 2.043 ACRE TRACT NOT VERIFIED AS IN PLACE AS OF THE DATE OF THIS SURVEY. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE PARTIALLY ON THE GROUND AND PAIRW.LLY FROM RECORD INFORMATION UNDER MY DIRECT SUP VISION. z WRENCE M. RUSSO AT EGISTERED PROFESSIONAL D SURVEYOR NO. 5050 INLAND GEODETICS, LP FIRM REGISTRATION NO, 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78881 45,341 50. p4'VZaA.L�i Pim d j e3�li z''i it d Noll IBlIORE URBAN INTOYINHOMES, LTD. 'DOC. AC.) DOC. 2018070779 O.P.R, Y1 C.T. 3.00 AC. EAStMENT I.C.N.R.R 10 STATE QY TEXAS DOC. Na 2016011561 O.P R.W.C.T. 4 WOOL �```an '- I..ENIs r►�ti t.ell"4A1t• � r 9 f• At IFUT 11"� CURVE TABLE DELTA RADIUS ARC CHORD BEARING— r�,4N� Idyl.Eh CITY OF ROUND ,-p ROCK (2.1355 AC.) DOC. 2013001105 TRACT I $ n O.P.R.W.C.T. 3.00 AC. EAStMENT I.C.N.R.R 10 STATE QY TEXAS DOC. Na 2016011561 O.P R.W.C.T. 4 WOOL �```an '- I..ENIs r►�ti t.ell"4A1t• � r 9 f• At IFUT 11"� CURVE TABLE DELTA RADIUS ARC CHORD BEARING— C11 20'06'53' 64.1 92.83 9235 N22'4 '41" C2 00'51'28' 2984.93 44.30 44.36' 547-36-29-W 09/04/2018 REMSED 09/25/2018 TO SHOW EXISTING UTILITY AS FOUND STAKED INLANDu GEODETICS CITY OF ROUND ROCK MOPESSIONAL LANG SUSLVLYp 1304 CHIS111OLMROCK. TX. 91 103 f . 041 ACRES (45' 4 i meq. Ft. 4 ROUND ROCK, TX. 78681 1 I.'Ii.7 r,.J l A] { FII 0121236-120% FAx 0121236-1251 1-9 rRaM RC6RSTR ICH No. 100391-w_jrl PAGE 3 OF 3 C4 rnnn nnrnermu.a4m rnnn -, Leavnnnnne. rnnn ., agave I,u, Arnn=mna,.. r^nn ■A.W nM11TRAP?.L RECORDING REQUESTE BY AND WHEN RECORDED, RETURN TO: City of Round Rock 221 E. Main Street Round Rock Texas 78664 2018095481 Page 9 of 15 (Space Above Line For Recorder's Use Only) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 3029-84 NOTICE TO PURCHASER The real property in Williamson County, Texas, described in Exhibit A, attached hereto and made a part hereof ("Property"), that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If the Property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to the Property. You are advised to determine if the Property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to the Property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the Property or at closing of purchase of the Property. (Remainder ofpage intentionally left blank) eA+a��b� SELLER: STATE OF NEBRASKA COUNTY OF DOUGLAS 2018095481 Pagel 0 of 15 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: Title: Assistant Vice President - Real Estate Date: l,- t k l— F' ] 41 I7.� The foregoing instrument was acknowledged before me this day 2018 by [hr; s D 6e►p% of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, on behalf of the corporation. WITNESS my hand and official seal. xGDOR NOTARY •slateKIVehraska / Je CALBl9Y RINKER P COMM. Exp. MAY 30,2D20 Notary Public (Seal) 2 PURCHASER: STATE OF TEXAS ) ) ss. COUNTY OF WILLIAMSON ) was by L -fel'`' 'JM a Texas home rule municipal UEAD!►4'i (Sew) �r ti jrFOFI �! •.gr12:*Hilt •. �� 2018095491 Page 1t of 15. _ CITY OF ROUND ROCK, a Texas home rule municipal corporation By: _Ao,.�tL JQ: �. Tide:-- Date: r of meon •`"r`" 2 01 9L-4r`af CITY OF ROUND ROCK, I-Vtwy Public 1.041 Acres. U.P.R.R. Remainder Tract EXHIBIT, - PROPERTY DESCRIPTION 2018095481 Page 12 of 15 Page 1 of 3 DESCRIPTION OF A 1.041 ACRE (45,341 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT DESCRIBED IN DEED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) RECORDED IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF THAT CALLED 3.00 ACRE EASEMENT TRACT ENTERED INTO BETWEEN TRUSTEES OF THE INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UPRR) AND THE STATE OF TEXAS ON OR ABOUT THE 10'" DAY OF DECEMBER, 1933 AND RS -AFFIRMED IN A DOCUMENT DATED 12m DAY OF MARCH, 1934 (SAID DOCUMENT WAS RECORDED IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS ON THE 11th DAY OF FEBRUARY, 2016 IN DOCUMENT No. 2018011561), SAID 1.041 ACRE (45,341 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" Iron rod found In the existing northerly Right -of -Way (ROW) line of said U.P,R.R., same being the southwesterly corner of that called 2.1355 acre tract of land described In Special Warranty Deed to the City of Round Rock, Texas and recorded In Document No. 2013081105 (Tract 1) of the Official Public Records of Williamson County, Texas, also being an angle point In the northerly boundary line of said remainder of the 57.36 acre tract, also being in the easterly line of said 3.00 acre easement tract and the existing easterly ROW line of South Mays Street (80' ROW width), for the southeasterly corner and POINT OF BEGINNING of the herein described tract, and from which a broken TxDOT Type 1 concrete highway monument bears S 19"24'01" E, at a distance of 4.85 feet; 1) THENCE, departing said existing UPRR ROW line, said 2.1355 acre tract, said easterly line of the 3.00 acre easement tract and said existing easterly ROW line of South Mays Street, through the interior of said remainder of the 57.36 acre tract, S 57105159" W, at a distance of 82.3 feet, pass the westerly line of said 3.00 acre easement tract and the existing westerly ROW line of said South Mays Street, and continuing for a total distance of 189.28 feet to a previously set 518' iron rod with aluminum cap stamped "CORR ROW" (status unverified) in the southeasterly boundary line of that called 2.043 acre tract of land described in Deed Without Warranty to the City of Round Rock, Texas (Exhibit A-3) recorded In Document No. 2014022531 of the Official Public Records of Williamson County, Texas, for the southwesterly comer of the herein described tract; THENCE, with the common boundary line of said remainder of the 57.36 acre tract and said 2.043 acre tract, the following two (2) courses: 2) Along a non -tangent curve to the left, having a delta angle of 20906'53", a radius of 264.41 feet, an arc length of 92.83 feel, and a chord which bears N 2914841" E, for a distance of 92.35 feet to a previously set 518" iron rod with aluminum cap stamped "CORR ROW" (status unverifled), being the easterly comer of said 2.043 acre tract and the beginning of a non -tangent curve to the left; 3) Along sold curve to the left, having a delta angle of 00°51'26", a radius of 2964.93 feel, an arc length of 44.36 feet, and a chord which bears S 47036129" W, for a distance of 44.36 feet to a calculated point, being an angle point In the westerly boundary line of said remainder of the 57.36 acre tract, same being an angle point In the easterly boundary line of an un -named street as depicted on a map or plat of the City of Round Rock of record in Cabinet A, Slide 1190 of the Plat Records of Williamson County, Texas, for an angle point herein; 1.041 Acres. U.P.R.R. Remainder Tract 2018095481 Page 13 of 15 Page 2 of 3 4) THENCE, departing said 2.043 acre tract, with the common easterly boundary line of said unnamed street, and the westerly boundary line of said remainder of the 57.36 acre tract. N 19°24101" W for a distance of 277.62 feet to a calculated point In the existing southerly ROW line of Bagdad Avenue (80' ROW width), same being the northwesterly corner of said remainder of the 57.36 acre tract and said 3.00 acre easement tract, for the northwesterly comer of the herein described tract, and from which, a brass disk in concrete stamped "S.W.S. Tele. Co" found, being at the Intersection of said existing southerly ROW line of Bagdad Ave and the existing easterly ROW line of South Blair Street (80' ROW width), same being the northwesterly corner of Block 1, as depicted on said City of Round Rock plat, bears S 70'42'59" W, at a distance of 194.91 feet; 5) tHENCE, with the southerly ROW line of said Bagdad Avenue, some being the northerly boundary line of said remainder of the 57.36 acre tract and said 3.00 easement tract, N 70°42'68" E. at a distance of 75.00 feel, pass said existing westerly ROW line of South Mays Street, and continuing for a total distance of 155.00 feet to a calculated point in the said existing easterly ROW line of said South Mays Street, being the northeasterly corner of said remainder of the 57.36 acre tract, same being the northwesterly corner of that called 0.065 acre tract of land described In Deed Without Warranty to URBAN INTOWNHOMES, LTD. (a portion of said 3.00 easement tract) recorded In Document No. 2018070779 of the Official Public Records of Williamson County, Texas, for the northeasterly corner of the herein described tract] 6) THENCE, departing said southerly ROW line, with the common easterly ROW line of said South Mays Street, the easterly boundary line of said remainder of the 57.36 acre tract and the westerly boundary line of said 0.065 acre tract, S 19024101" E for a distance of 75.08 feet to a broken TxDOT Type 1 concrete highway monument found, being the southerly corner of said 0.065 sore tract, same being an angle point In the westerly boundary fine of said 2.1355 acre tract, for a point on tine herein; 7) THENCE, departing said 0.065 acre tract, continuing with sold easterly ROW line, same being the easterly boundary line of said remainder of the 57.36 acre tract and said 3.00 acre easement tract, also being the westerly boundary line of said 2.1355 acre tract, S 191124'01" E, at a distance of 67.44 feat. pass a leaning TxDOT Type 1 concrete highway monument found, and continuing for a total distance of 200.98 feel to the POINT OF BEGINNING, containing 1.041 acres (45,341 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record Information under my direct supervision. MY HAND AND SEAL at Round Rock, Williamson County, Texas. ,Ifawrence M. Russo Registered Professional Lad-Stlrveyor No. 5050 Inland Geodelics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 S'.\CORR-PROJECTSWCNEIL ROADIUPRR to CORR at MAYS -1.041 ACREtUPRR to CORR at MAYS-1.041ACRES.Doc. 2018095481 Page 14 of 15 EXHIRIT A PLAT TO ACCOMPANY DESCRIPTION Y 0015 09 BLOCK 8 BLOCK 7 _ rn�c mar S7042'59"W 194.91' 4tt C4. BLOCK 1 X ORIGINAL d CITY OF ROUND ROCK SUBDIVISION VOL. 20. PC 224 D.R.W.C.T. CAB. A, SLO 190 P.R.W.C.T. a OSTENSIBLE OWMAL @OUNDARY UNE $7.36 ACRE TRACT —.. !wu Wa nn aa11 EASEMENT NOTE: PORTION OF MCI BURIED CABLE AND EASEMENT LOCATED WITHIN SUBJECT TRACT NOTES: 1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CENTRAL ZONE, DISTANCES ARE SURFACE DISTANCES. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. URBAN INTOWNHOMES. LTD. (0.085 AC.) 00C. 2018070779 O.P.R.W.C.T. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE PARTIALLY ON THE GROUND AND PAR LLY FROM RECORD INFORMATION UNDER MY DIRECT W VISION. 9� k L =2 JlA A& Q, A NCE M. RUSSO ATERED PROFESSIONAL D SURVEYOR NO. 5050 INLAND GEODETICS, LP FIRM RECISTRATIDN NO. 100591—OD 1504 CHISHOLM TRAIL ROAD. SUITE 103 ROUND ROCK, TX 7a681 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly leg We for sal sfactory retardation 09/04/2018 REVISED 09/25/2018 TO SHOW EXISTING UTILITY AS FOUND STAKED a INLAND J CITY Y O BOUND D ROCI L GEODCTICS � 1 PH0FESSl0NAI tAWb SUttVLYO { 1SO4OUNDLb104�Ra69 .103 �,p¢� ACRES X45,341 Sq. Ft.) M (S i 21216-12% FAX45121116-1151 FMM tualftnunaw N�ao PAGE 3 OF 3 V4 ennnnnnmo-M&j,aioi nnawrmnn1..rnnn..uava1inne.-ennn.isiAve *nar arnaimoni.rnpn &jhvrneu++marrA— CURVE TABLE 3) MONUMENTATION DEPICTED HEREON PREVIOUSLY SET FOR THEmnn-Al RADIUS ARC CHORD ARIN 2.043 ACRE TRACT NOT VERIFIED AS IN PLACE AS OF THE DATE ' 264.41 92.83 92.3§; N29.46 41"E OF THIS SURVEY. - 2964.93' 44.36 44.36 S&7 -18-90 -w I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE PARTIALLY ON THE GROUND AND PAR LLY FROM RECORD INFORMATION UNDER MY DIRECT W VISION. 9� k L =2 JlA A& Q, A NCE M. RUSSO ATERED PROFESSIONAL D SURVEYOR NO. 5050 INLAND GEODETICS, LP FIRM RECISTRATIDN NO. 100591—OD 1504 CHISHOLM TRAIL ROAD. SUITE 103 ROUND ROCK, TX 7a681 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly leg We for sal sfactory retardation 09/04/2018 REVISED 09/25/2018 TO SHOW EXISTING UTILITY AS FOUND STAKED a INLAND J CITY Y O BOUND D ROCI L GEODCTICS � 1 PH0FESSl0NAI tAWb SUttVLYO { 1SO4OUNDLb104�Ra69 .103 �,p¢� ACRES X45,341 Sq. Ft.) M (S i 21216-12% FAX45121116-1151 FMM tualftnunaw N�ao PAGE 3 OF 3 V4 ennnnnnmo-M&j,aioi nnawrmnn1..rnnn..uava1inne.-ennn.isiAve *nar arnaimoni.rnpn &jhvrneu++marrA— 2018095481 page 15 of 15 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2018095481 Pages: 15 Fee_ $81.00 10/26/2018 03:27 PM r rfi. Nancy E_ Rister,County Clerk Williamson County,Texas CERTIFICATION OF NON -FOREIGN STATUS Under Section 1445(e) of the Internal Revenue Code, a corporation, partnership, trust, or estate must withhold tax with respect to certain transfers of property if a holder of an interest in the entity is a foreign person. To inform the transferee, CITY OF ROUND ROCK, that no withholding is required with respect to the transfer of a U.S. real property interest by UNION PACIFIC RAILROAD COMPANY, the undersigned hereby certifies the following on behalf of UNION PACIFIC RAILROAD COMPANY: 1. UNION PACIFIC RAILROAD COMPANY is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. UNION PACIFIC RAILROAD COMPANY is not a disregarded entity as defined in Section 1.445.2(b)(2)(iii) of the Internal Revenue Code; 3. UNION PACIFIC RAILROAD COMPANY'S U.S. employer identification number is 94-6001323; and 4. UNION PACIFIC RAILROAD COMPANY'S office address is 1400 Douglas Street, Omaha, Nebraska 68179, and place of incorporation is Delaware. UNION PACIFIC RAILROAD COMPANY agrees to inform the transferee if it becomes a foreign person at any time during the three year period immediately following the date of this notice. UNION PACIFIC RAILROAD COMPANY understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of UNION PACIFIC RAILROAD COMPANY. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation Title: Assistant Vice President - Rea! Estate Date: _ _,� Folder 3024-84 Rev 080706 ASSIGNMENT AND ASSUMPTION AGREEMENT FOR VALUE RECEIVED, UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Assignor"), ASSIGNS AND TRANSFERS to CITY OF ROUND ROCK ("Assignee"), Its successors and assigns, all of Assignor's right, title and interest in and to the leases and licenses (collectively, "Licenses") to the extent the Licenses affect the real property ("Property") described on Exhibit A, which Licenses are listed on Exhibit B. Assignee agrees to (a) perform all of the obligations of Assignor pursuant to the Licenses as they relate to the Property accruing on and after the date hereof, and (b) indemnify, defend and hold Assignor harmless from and against any and all claims, causes of actions and expenses (including reasonable attorney's fees) incurred by Assignor and arising out of (1) Assignee's failure to comply with terns of the Licenses as they relate to the Property on and after the date hereof, or (2) claims under the Licenses as they relate to the Property by the licensees named in the Licenses accruing on and after the date hereof. This assignment is made and accepted without recourse against Assignor as to the performance by any party under such Licenses. All exhibits attached to this Agreement are incorporated herein for all purposes. 2 Dated the k day of C W 2018. UNION PACIFIC RAILROAD COMPANY, a Dei a Fp ratl By: Title: Rodney S. Carroll _ ftuf L 1 4 CITY OF R0 ND ROUCK (Assin e) a Tex*-AzvicE ca ation By: Title: d4k 4, ?�I Y-4cl0? 1.041 Acres. U. P.R. R. Remainder Tract EXHIBIT,, PROPERTY DESCRIPTION Page 1 of 3 DESCRIPTION OF A 1.041 ACRE (45,341 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, iN WILLIAMSON COUNTY, TEXAS, BEiNG A PORTION OF THE REMAINDER OF THAT CALLED 57.36 ACRE TRACT DESCRIBED IN DEED TO THE FORMER INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) RECORDED IN VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF THAT CALLED 3.00 ACRE EASEMENT TRACT ENTERED INTO BETWEEN TRUSTEES OF THE INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY (UPRR) AND THE STATE OF TEXAS ON OR ABOUT THE 101h DAY OF DECEMBER, 1933 AND RE -AFFIRMED IN A DOCUMENT DATED 121h DAY OF MARCH, 1934 (SAID DOCUMENT WAS RECORDED IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS ON THE 111h DAY OF FEBRUARY, 2016 iN DOCUMENT No. 2016011561), SAID 1.041 ACRE (45,341 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" iron rod found in the existing northerly Right -of -Way (ROW) line of said U.P.R.R., same being the southwesterly corner of that called 2.1355 acre tract of land described in Special Warranty Deed to the City of Round Rock, Texas and recorded in Document No. 2013081105 (Tract 1) of the Official Public Records of Williamson County, Texas, also being an angle point in the northerly boundary line of said remainder of the 57.36 acre tract, also being in the easterly line of said 3.00 acre easement tract and the existing easterly ROW line of South Mays Street (80' ROW width), for the southeasterly corner and POINT OF BEGINNING of the herein described tract, and from which a broken TxDOT Type 1 concrete highway monument bears S 19°24'01" E, at a distance of 4.85 feet; 1) THENCE, departing said existing UPRR ROW line, said 2.1355 acre tract, said easterly line of the 3.00 acre easement tract and said existing easterly ROW line of South Mays Street, through the interior of said remainder of the 57.36 acre tract, S 57°05'59" W, at a distance of 82.3 feet, pass the westerly line of said 3.00 acre easement tract and the existing westerly ROW line of said South Mays Street, and continuing for a total distance of 189.28 feet to a previously set 518" iron rod with aluminum cap stamped "CORR ROW" (status unverified) in the southeasterly boundary line of that called 2.043 acre tract of land described In Deed Without Warranty to the City of Round Rock, Texas (Exhibit A-3) recorded in Document No. 2014022531 of the Official Public Records of Williamson County, Texas, for the southwesterly corner of the herein described tract; THENCE, with the common boundary line of said remainder of the 57.36 acre tract and said 2.043 acre tract, the following two (2) courses: 2) Along a non -tangent curve to the left, having a delta angle of 20006'53", a radius of 264.41 feet, an arc length of 92.83 feet, and a chord which bears N 29046'41" E, for a distance of 92.35 feet to a previously set 518" iron rod with aluminum cap stamped "CORR ROW" (status unverified), being the easterly corner of said 2.043 acre tract and the beginning of a non -tangent curve to the left; 3) Along said curve to the left, having a delta angle of 00°51'26", a radius of 2964.93 feet, an arc length of 44.36 feet, and a chord which bears S 47°36'29" W, for a distance of 44.36 feet to a calculated point, being an angle point in the westerly boundary line of said remainder of the 57.36 acre tract, same being an angle point in the easterly boundary line of an un -named street as depicted on a map or plat of the City of Round Rock of record in Cabinet A, Slide 190 of the Plat Records of Williamson County, Texas, for an angle point herein; 1.041 Acres. U. P.R. R. Remainder Tract Page 2 of 3 4) THENCE, departing said 2.043 acre tract, with the common easterly boundary line of said un -named street, and the westerly boundary line of said remainder of the 57.36 acre tract, N 19°24'01" W for a distance of 277.52 feet to a calculated point in the existing southerly ROW line of Bagdad Avenue (80' ROW width), same being the northwesterly corner of said remainder of the 57.36 acre tract and said 3.00 acre easement tract, for the northwesterly corner of the herein described tract, and from which, a brass disk in concrete stamped "S.W.B. Tele. Co" found, being at the intersection of said existing southerly ROW line of Bagdad Ave and the existing easterly ROW line of South Blair Street (80' ROW width), same being the northwesterly corner of Block 1, as depicted on said City of Round Rock plat, bears S 70°42'59" W, at a distance of 194.91 feet; 5) THENCE, with the southerly ROW line of said Bagdad Avenue, same being the northerly boundary line of said remainder of the 57.36 acre tract and said 3.00 easement tract, N 70042'59" E. at a distance of 75.00 feet, pass said existing westerly ROW line of South Mays Street, and continuing for a total distance of 155.00 feet to a calculated point in the said existing easterly ROW line of said South Mays Street, being the northeasterly corner of said remainder of the 57.36 acre tract, same being the northwesterly corner of that called 0.065 acre tract of land described in Deed Without Warranty to URBAN INTOWNHOMES, LTD. (a portion of said 3.00 easement tract) recorded in Document No. 2018070779 of the Official Public Records of Williamson County, Texas, for the northeasterly corner of the herein described tract; 6) THENCE, departing said southerly ROW line, with the common easterly ROW line of said South Mays Street, the easterly boundary line of said remainder of the 57.36 acre tract and the westerly boundary line of said 0.065 acre tract, S 19024'01" E for a distance of 75.08 feet to a broken TxDOT Type 1 concrete highway monument found, being the southerly corner of said 0.065 acre tract, same being an angle point in the westerly boundary Iine of said 2.1355 acre tract, for a point on line herein; 7) THENCE, departing said 0.065 acre tract, continuing with said easterly ROW line, same being the easterly boundary line of said remainder of the 57.36 acre tract and said 3.00 acre easement tract, also being the westerly boundary line of said 2.1355 acre tract, S 19024'01" E, at a distance of 67.44 feet, pass a leaning TxDOT Type 1 concrete highway monument found, and continuing for a total distance of 200.98 feet to the POINT OF BEGINNING, containing 1.041 acres (45,341 square feet) of land, more or less. All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This properly description is accompanied by a separate exhibit. That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. MY HAND AND SEAL at Round Rock, Williamson County, Texas. wrence M• Russo Registered Professional La d.St rveyor No. 5050 Inland Geodetics, L.L.C. Firm Registration No. 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 512-238-1200 S:LCORR-PROJECTSWCNEIL ROADIUPRR to CORR at MAYS -1.041 ACREiUPRR to CORR at MAYS-1.041ACRES.Doc. SCALE: 1" = 900' EXHIBIT 11 -- 01 AT PLAT TD ACCOMPANY DESCRIPTION �nvE1i iA�Y 1� 1 Na "g, WSJ'AsTRA BLOCK 8 d BLOCK 7 � 1. LAT: 31.3027• BAGDAD AVE LONG:9 '40'42' LAT: 3030'27• LONGI97'40'44' (80' Raw) N 70'42'59•' J E r:17SfAW AVW LEGEND Q 1/2" IRON ROD FND Ds IRON ROD FOUND PATH CAP Q CALCULATED POINT Q BRASS MONUMENT FND 113 TxDOT TYPE 1 MONUMENT P.O.B. POINT OF BEGINNING .P.R.L4.C.T. OFFICIAL PU13UC RECORDS ' 4'ALLIAMSON COUNTY, TEXAS D.R.4'l.C.T. DEED RECORDS YALLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS , VAWAMS04 COUNTY, TEXAS EXHIBIT 11 -- 01 AT PLAT TD ACCOMPANY DESCRIPTION �nvE1i iA�Y 1� 1 Na "g, WSJ'AsTRA BLOCK 8 d BLOCK 7 � 1. LAT: 31.3027• BAGDAD AVE LONG:9 '40'42' LAT: 3030'27• LONGI97'40'44' (80' Raw) N 70'42'59•' J E r:17SfAW AVW OSTENSIBLE �t*a S70'42'59"W 194.91' e(�. �i ��`' 7� .°+ (VOL. 22. PG. 441) LAT.30'30'24' LONG:97'4W43• EASEMENT NOTE- BLOCK 1 1 ORIGINAL AND EASEMENT LOCATED 1'ATHIN CITY OF ROUND ROCK SUBJECT TRACT SUBDIVISION , VOL. 20, PG 224 D.R.W.C.T.°� ' CAB. A. SLD 190 P.R.W.C.T. � 1 , NOTES: 1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. DISTANCES ARE SURFACE DISTANCES. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. 3) MONUMENTA71ON DEPICTED HEREON PREVIOUSLY SET FOR THE 2.043 ACRE TRACT NOT VERIFIED AS IN PLACE AS OF THE DATE OF THIS SURVEY. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE PARTIALLY ON THE GROUND AND PARRALLY FROM RECORD INFORMATION UNDER MY DIRECT LAWRENCE M. RUSSOI GATE/ REGISTERED PROFESSIONAL j) ND SURVEYOR N0, 5050 INLAND GEODETICS, LP FIRM REGISTRATION NO. 100591--00 1504 CHISHOLM TRAIL ROAD, SUITE 103 40UND ROCK, TX 78681 1.041 ACRE 45,341 SO. FT. BROKE7! i �I v v I 0 a 2�a Z O a a Lill I g�0.3 - 1 M aLn-U'o LAT:3030'24' �nI 1 L+3 Q J4 O7 V) URBAN INTOWNHOMES, LTD. (0.065 AC.) DOC. 2018070779 O.P.R.W.C.T. (1170' 9 c'�'j q OSTENSIBLE _SG pry^ ORIGINAL BOUNDARY UNE 57.36 ACRE TRACT — �i ��`' 7� .°+ (VOL. 22. PG. 441) LAT.30'30'24' LONG:97'4W43• EASEMENT NOTE- CITY OF ROUND ROCK, TEXAS PORTION OF MCI BURIED CABLE Exhibit A-3. 2.043 Acres Doc. No. 20.. 31 AND EASEMENT LOCATED 1'ATHIN O.P.R.W.C.T. SUBJECT TRACT 9 O.P.R.W.C.T. ad• • oO�E11, _,r d"' NOTES: 1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. DISTANCES ARE SURFACE DISTANCES. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. 3) MONUMENTA71ON DEPICTED HEREON PREVIOUSLY SET FOR THE 2.043 ACRE TRACT NOT VERIFIED AS IN PLACE AS OF THE DATE OF THIS SURVEY. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE PARTIALLY ON THE GROUND AND PARRALLY FROM RECORD INFORMATION UNDER MY DIRECT LAWRENCE M. RUSSOI GATE/ REGISTERED PROFESSIONAL j) ND SURVEYOR N0, 5050 INLAND GEODETICS, LP FIRM REGISTRATION NO. 100591--00 1504 CHISHOLM TRAIL ROAD, SUITE 103 40UND ROCK, TX 78681 1.041 ACRE 45,341 SO. FT. BROKE7! i �I v v I 0 a 2�a Z O a a Lill I g�0.3 - 1 M aLn-U'o LAT:3030'24' �nI 1 L+3 Q J4 O7 V) URBAN INTOWNHOMES, LTD. (0.065 AC.) DOC. 2018070779 O.P.R.W.C.T. (1170' 9 c'�'j q _SG pry^ �i ��`' 7� .°+ CITY OF I4a., M,� ROCKOUND (2.1355 AC.) DOC. 2013081105 r TRACT I 9 O.P.R.W.C.T. 3.00 AC. EASEMENT I.G,N.R-R. t TO STATE OF TEXAS DOC. No. 2016011561 O.P.R.W.C.T. ow L'i �Idpyti,VlG.nIV u' h�s-nn nu, t i v,... ...vv n4.MENe EASET I.G.N.R.R. TO STATE OF TEXAS No. 2016011561 I O.P.R.W.C.T. 1 � U•� 41� Rpw g s ate. J Ott��itfc8'y�61� ..� y. .W CURVE TABLE DELTA RADIUS ARC CHORD BEARING Cl 20'06'53" 264.41' 92.83 92.35' N29 -46.41"E C21 00'51'26"12964.93'1 44.36 44.36' S4736'29"W 09/04/2018 REVISED 09/25/2018 TO SHOW EXISTING UTILITY AS FOUND STAKED INLANDLI GEODETICS CITY OF ROUND ROCK ' �PROFESSIONAL LAND SURVEYOR �'e �r 1504 CHIS OLMDRG K,T 78D. 81 103 1 . 04.1 ACRES (45, 341 Sq. l t.) ROUND ROCK, TX. 7BG81 ! PH.1S12)238-1200,FAX{512)238-1251 FIRM REGISTRATION NO. 100591-00 11117 PAGE 3 OF 3 [A rnnn nnr%lCrTCIAA.AtCt1 nnA nit lnnn•..rnnn.. AA Awn 11nnn A.. eL^00.6 AAAVC 1flAt ArOM I tndn to e^Dn A A Ave nrA,AI TD A/ .A..— Exhibit'B' Union Pacific Railroad Company Agreements to be Asslgned Sale Folder 3029.114 AUDIT FOLDER PARTY NAME PURPOSE COUNTY CITY ST 5UBDVISION MP START MP END ANNUAL AMT DISPOSITION CONTAINED 154529 J SOUTHWESTERN BELL TELEPHONE CO Cma -Wire EidliWt t0 Master WiLUAMSON ROUND ROCK TX AUSTIN 161 181 $0.00 Asp td 167810 1390-00 SOUTHWESTERN BELL TELEPHONE Clossrl^ -Wn Extubd to Master _ :V6ILLIAMSON ROUND ROCK TX AUSTIN 161 11i SU.00 As ed ;'arLW 234618 2275-21 CITY OF ROUND ROCK.TEXAS :Cans m -Pmmw`e Williamson ROUND ROCK TX AUSTIN 161 a $000 Asn ed 0er4a4x UPX2757 3022-84 TEXAS STATE OF Easement-Roadwa �Williamson - ROUND ROCK TX AUSTIN 1161 0 $000 As " _ed aa;Dil TO BI r2a..nd mac& &2 .2. X ny DORM S-=7 ("3) r NO.3S tQ iia. DATED M' • rr� "m sQ COMPANY. rELEPHONE COMPANY ROSSING: ATE CONSIDERATION f /0,420 (AY COMPANY'S RAIL. OF RAILWAY COMPANY. SING, SIZ1=___,_PGIp..AFsT SING. SIZE_ to., M PANY. START _ •x A. ,,,� SING e I _ - I —96' --Ot- i7r' Sa0' 9�5 DATED 19— PRESENT PROPOSED SYMBOLS PRESENT PROPOSED TELEPHONE LINE POLE OR STUS O i —w— TELEGRAPH'LINE ANCHOR GUY ><— 10— RAILWAY TRACK GUY --- -- --- PROPERTY LINE TO BC REMOVED 7E- PANY PROPOSE: LOCATION i-� AT MI LI: POST , ini PLUS 27160 FEET AND MILE POST PLUS FEFi p%�tij .�'vcr/h+R<r7d�nt DIVISION DISTRICT - CO ANY NEARORAT APPROVED UNiY. STATE aFr-Z .&,wAL— APPROVE i` GRADE OF CONSTRUCTION RAP" �1 `/ APPROVED CMV. A X �+V 151 WS"" I �a !ter 6 70 r2a..nd mac& &2 .2. X ny DORM S-=7 ("3) r NO.3S tQ iia. DATED M' • rr� "m sQ COMPANY. rELEPHONE COMPANY ROSSING: ATE CONSIDERATION f /0,420 (AY COMPANY'S RAIL. OF RAILWAY COMPANY. SING, SIZ1=___,_PGIp..AFsT SING. SIZE_ to., M PANY. START _ •x A. ,,,� SING e I _ - I —96' --Ot- i7r' Sa0' 9�5 DATED 19— PRESENT PROPOSED SYMBOLS PRESENT PROPOSED TELEPHONE LINE POLE OR STUS O i —w— TELEGRAPH'LINE ANCHOR GUY ><— 10— RAILWAY TRACK GUY --- -- --- PROPERTY LINE TO BC REMOVED 7E- PANY PROPOSE: LOCATION i-� AT MI LI: POST , ini PLUS 27160 FEET AND MILE POST PLUS FEFi p%�tij .�'vcr/h+R<r7d�nt DIVISION DISTRICT - CO ANY NEARORAT APPROVED UNiY. STATE aFr-Z .&,wAL— APPROVE i` GRADE OF CONSTRUCTION RAP" �1 `/ APPROVED CMV. A X �+V 151 WS"" UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT R.D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100. 1418 DODGE STREET OMAHA NEBRASKA 8877$-1100 (-%02) 271-3753 FA)tROM 271.54M June 23, 1993 MR GIBSON HOFFMAN SOUTHWESTERN BELL TELEPHONE 1616 GUADALUPE RM 714 AUSTIN TX 78701 RE: AU239 Wireline Crossing Mile Post 161.60, Round Rock, TX Dear Mr. Hoffman: J. A. ANTHONY DNRECTOR•CONTRACTS D. D. BROWN OIRECTOR-REAL ESTATE J. L. HAWKINS OIRECMR43PEMTIONS SUPPORT D. H, LIGHTWINE DIRECTOFWEAL ESTATE W. F. SOMERVELL DARECTOR,IOINT FACILITIES 1390-00 U. P. R. R. Co. Agreement ;t No, 167810 Reference is made to your letter of June 14, 1993, forwarding Exhibit No. AU239, covering an underground telephone crossing of our right of way at Mile Post 161.60, within May Street, Round Rock, Texas. We have approved and are attaching hereto an approved original of Exhibit No. AU239 to be filed with your original of Blanket Agreement dated April 1, 1992, our No. 160431. Prior to commencing any work across our right of way, a minimum of 48 hours notice should be giveri'to our Superintendent's office: Manager - Administration 1711 Quintana Road P.O. Drawer F San Antonio, Texas 78211 (512) 921-4121 or (512) 921-4101 The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should contact the Railroad Company at 1-800-336-9193 to determine if a fiber optic cable is buried on the subject property. Sincerely, Carolyn . Christensen Contracts Representative fINVFPL'CATION FOR ICATE NORTH DIRECTION I 0C LN Ip1E1 ALL AYAILABI.E OINENSILiIL MUST BE IIU19 IN TO Pmus THIS APPLICATION. q•i am • rrr w UNDERGROUND COMMUNICATION LINE CROSSING 600 VOLTS OR : LESS SPECIFICATION EXHIBIT NO. TO ACCOMPANY AND BE GOVERNED BY BLANKET AGREEMENT NO. 160431 DATED: APRIL Ir 1992 BETWEEN UNION / MISSOURI PACIFIC RAILROAD COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY CONSIDERATION [PRIVATE CROSSING[ err. --�_- . 7g _ ` t IStt salt F1, i�-� lift IDTEFi A UAot t't%'QiN' w c%M10100 j� w ■ 1 176( [Ora 1 .fir lug part is 1t it Fr, rT. YIIL till __ 141 rl 11141 t R. 1,16[0 6►T1Ct rIW[ L11[ s R; il�wri arltl ! ! 0441C 1 S M 1111► l ISM 141134 fl N i 1,T, m1li ants B MIH.OIST. Ipalg 1n a ltia I FORM LA TO FICURE CASING - -�• iT. LENGTH WITH ANCLE Or CROSSING OTHER THAN � 6s�r "+o1i :r a SIM a 1 GS11C I6GT11 •[A wc"m L•OIt 3-spu M.I U. P. R. R. Co. (FOR RAILROAD USE ONLY) Agreement No. 167810 ROTES I II ALL NORIZOWAL 013TAKES TO DE MEASUREO Ar RIONT AHGLEs FROM i of mcm. 21 "SING MUST EXTEND A MINIMA OF 70' 01sT FROM t OF TM06 MEASURED AT RIOI/T ANGLES. 31 CASING MATERALI STEEL, RIGID LND ETALLIC CONDUIT IHS PVCI. 4I 1'1111WV OF so' FROM THE 00 OF ANT RAILROAD BRIDGE. t Or ARM aLVDIT. 0% fWX Any SNITCH AREA. Si SIGNAL REPREWITATIVE MAT BE PRESDNT DURING INSTALLATION IF RAILAOAO SIGNALS ARE IN THE VICINITY OF C10S6ING 91 ALLOWABLE FIRM OBJECTS IHCLUOC BACLUALLS Of BRIDGES; t OF ROAD MSJNC B OVERHEAD VIADUCTS SOIVE ROAD RAW). OR OJLVTRTS. /MISSOURI PACIFIC RAILROAD C0: AuariAj S a&. iiml:ittvl M. P. -C3 u as f Ni .3 A T j�Lw Aero :ems I10HIT1 I tram •. RR FILE NO420-00DATE� A) IS COIAAINICATION LINE CR045�t ►�jTH%,� DICATEO STREET tRTES;_,—q 6) IF TES, NAME OF STREET /�1�yy C) _Cr 4O E !CA W INE CROSSING. - LW W, TELEPN---JELEVISI� F1BER OPTIC; D) VOLTAGE TO BE CARRIED INER TRAC OF P lR TIRES E) CASING TYPE TO BE INSTALLS FI MIEppD OF INSTALLING CASING PIPE UNDER TRACK{SI: RY BORE AND JACK (WET BORE NOT PERRITTED) AUDIT NO. Ito RN I N 4 11t ALL OCCA110►PS/ v. P. COIsAIIICATTONS DITAATMa LJST BE CONTACTEp IN ADVANCE Of ANT WM 10 ODTUNSWE EIISTCNCC AND LOCATION OF FIBITI OPTIC C" PWd 1 I-No-ni-slsl ---TUNNEL;OTHER ' SOUTHWESTERN BELL TELEPHONE COMPANY 61 DISTANCE FROM[ CENTER LINE OF TRACK TO NEAR FACE OF BORINC ANO, JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACKl*' ISO' NIL1 H) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR7--9--YES; NO; 11 APPLICANT HAS CONTACTED OF M P. CMA jCATION DEPARTMENT AND HAS DETERMINED FIBER OPTIC CABLE A ODES ;DOES NOT ; EXIST IN VICINITY OF WORK TO BE PERFORMED . BY---�/ T I TLE: rldif E 1 Dzlsl" Ap"emM[ iFIC RAILROAD COMPANY 811 TITLE: DIRECTOR •• L-�r�17F PL X 940206 Form Approved, AVP -Law DUPLICATE ORIGINAL - RAILROAD COPY AUDIT�I�.8 PIPELINE CROSSING AGREEMENT Mile Post: 161.58, Austin Subdivision Location: Round Rock, Williamson County, Texas Folder No. 02275-21 THIS AGREEMENT is made and entered into as of September 21, 2004, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licenson and CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation to be addressed at 221 East Main Street, Round Rock, Texas 78664 (hereinafter the "Licensee'). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of One Thousand Five Hundred Dollars ($1,500.00). Article P.I. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only an f encased 44" storm water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated September 17, 2004, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article M. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terns, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 02275-21, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Pipeline' located on Railroad right-of-way at Mile Post 161.58, on the Austin Subdivision, at or near Round Rock, Williamson County, Texas. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Tom Judkins Folder No. 02275-21 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 Article Vi. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC AD C CITY OF ROUND ROCK, TEXAS ;:Wo By. M ager - Contracts tic:or J �qm"S P. ksav Ito 7 PLACE ARROW INDICATING NORTH = D I R8,"',ON RELATIVE TO CROSSING ♦r c/ ¢Q� r �-`"?r� NO SCALE To bwA�'��- INEAREST R. R. TONNI ( SEE FORM OR -0404-8 REV. 5-15-98 ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: FILLED C FT. 3 B 5) MAIN TRACK �(DESCR]BE FIXED OBJECT (SEE NOTE 6) [DISTANCE ALONG TRACK &ROM SECTION LINE CROSSING[ (NOTE: THIS AT LI TO A RR'S RiW 41.51 FT. zr— a DIMENSfON REDDIRED IN ALL CASES. CATIONS NOT USING SECTIONS, DISTANCE LEGAL SURVEY LINE 15 REOUIRED) MIN. DIST I (See Note ��.4 SEAL CASING I ®a 44&r. / 2 D, 5 Fr. FT. ALL AVAILABLE DIMENSIONS MUST BE IN TO PROCESS THIS APPLICATION. RR'SS R/W 22. lh� FT. '[)EFT. NOTE 3 B 51FT. • " N O OF CROSSING) ¢w�i To ? (NEAREST R.R. TOWNI DE5CRIBE FIXED OBJECTJ (SEE NOTE 51 yD bFT. -- ' _ bA - M '16 SiR€ET U VZXACTSt SLTSCRADE ROADBED q'G FT. (4.5 FT MIN.) ' I / \ T. 120 FT. MAX.) FT % CASING PIP See Note 4J {3 FT. MT --—— —,— — - - — — - ---r --- -- --- -- -L .� CARRIE IPE FROMM F i. — o,I*A �mAl__ SULFA E `) SEAL CASING[ r32 -FT. NOTCS : (CASING LENGTH INHEM MEASURED ALONG PIPELINE.) 11 ALL HORIZONTAL 015TANCES TO BE MEASURED AT RIGHT ANGLES FROM 4 OF TRACY - CASING TO EXTEND BEYOND THE IL OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 3D FT., ANO BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. S( HIHIWM OF 50' FROM THE ENO OF ANY RAILROAD BRIDGE, 4 OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 41 SIGNAL REPRESENTATIVE MUST BE PRESENT "INC; INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 51 ALLOWABLE FIXEO OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 'L OF ROAD CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAME). OR CULVERTS. 61 CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN 5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HARD DUG. STEEL CASING WALL THICKNESS CHART .Z5UO- 1/4- 12- OR LESS •3125" 5/16' OVER 12 --IB. .3750" 318" OVER 18"-22" .4375" 7/16" OVER 22'-28" .5000" 1/2" OYER 2B"-34" .5625" 9/16' OVER 34--42- .6250" 5/8" OVER 42--46- OVER 48` MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 901 BZ+TRACK !G MIN. DIST. (NOTE !) A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; N0; ]EXHIBIT "A" 8) 1 F YES, NAME OF STREET Pi A IFOA RAILn04 USC ONLY[ D) DISTRIBUTION LINE OR TRA SM SSION I C) CARRIER PIPE : Z JCFI WIT4r' 'TW j Q7 UNION PACIFIC RAILROAD CO. '4SM COMMODITY TO BE CONVEYED__- n PRESSURE Cl PSI OPERATING THICKNESS Ails •MATER I AL I GI ,wmn[s[aNI EI WALL ;DIAMETER -44--- CASING PIPE : Z �Wzi13'.tll) Ind L4F �JQf[ Q. �� M. P l��• E. S. SS17t +Isf WALL THICKNESS /9'1 ;MATERIALS.xE EL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED 5*-vw• CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF ALI�x'e CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF Gf/l�fhYS�� CARRIER PIPE AND INSIDE OF CASING PIPE. Nc.Ncsr I TrI STATFI F) METHOD qF INSTALLING CASING PIPE UNDER TRACK(S): V DRY BORE AND JACK (WET BORE NOT PERMITTED) TUNNEL ; OTHER z RR FILE NO.�s� DATE GI WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? YES; -__-.NO; HI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF B��FF��,,NC�,,,, e�D W A R N I N G JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK SAT��_ 1) APPLICANT HA5 TACTED I- BOO- 336- 9193, 130' MIN.) IN ALL OCCASION!, U. P. C0MWN4ICATIONS U. P. COMMUN TION DEPARTMENT AND HAS DETERMINED FIBER DEPARTMENT MUST BE CONTACTED IN ADVANCE DEPARTMENT, OF ANY WORK TO DETERMINE EXISTENCE AND OPTIC CABLE DOES ;—DOES NO EXIST IN VICINITY( OF LOCATION Of FIBER OPTIC CABLE. WORK TO BE PERFORMED . TICKET NO. n4-03^ Z - A Q -n PNwrt : 1-800=33(-9193 PL X n80112 Farm ,Vroved, AVP -Law Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the licensor without liability to the licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the l icensoes properly, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION_ (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the licensors Vice President -Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation: such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President -Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President -Engineering Services or his authorized representative. The licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen 05) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OFC MMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TQ BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. pix.exb Page t oro Exhibit B PLXZl2 Form ved,•AVP-[.aw• Section 5. RELOCATION OR REMOVAL OF PIPIIINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the licensor shall find such action -necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO MERFERENCE WrM LICENSORS OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the licensor shall be constructed and, at all times, maintained, repaired renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensoes premises to be used by the licensee. If it is, Licensee will telephone the telecommunications company(ies) Involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement, the licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attomeys' fees, court costs and expenses) caused by the negligence of the licensee, its contractor, agents and/or employees, resulting in (l) any damage to or destruction of any telecommunications system on Licensors property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active negligence of the licensor. licensee further agrees that ft shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensoes properly or a customer or user of services of the fiber optic cable on licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL,• TAXES. (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the licensee. The Licensee shall indemnify and hold harmless the licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not he increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the licensee shall pay to the licensor an equitable proportion of such taxes determined by the value of the licensee's property upon property of the licensor as compared pix exb Page 2 of 4 Exhibit B PL xj,Qai 12 Form Approved, AVP -La* with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the sane condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attomeys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the licensor. Section 10. WDEMNITY. (a) As used in this Section, "licensor' includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, cad employees, as well as any other person), and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). (b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT, Prior to the termination of this Agreement howsoever, the Licensee shall, at licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the licensee falls to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the licensee, remove the portions of the Pipeline Iocated underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the licensor. In the event of the removal by the Licensor of the property of the licensee and of the restoration of the roadbed and property as herein provided, the licensor shall in no manner be liable to the Licensee for any damage sustained by the licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. R:x rxb Page 3 of 4 >xbibit s PL, X 980112 Form Z, -ernved, AVP -Law Section 13. TERMINATION, (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant. or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior'thereto. Section 14. AGREEMENT NOT TO BE ASSIGNID. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Piz tx� Page 4 of 4 Exhibit B ► PLNMIDRAINAGE INS. 02M6101 Form proved, AYP4-aw EXHIBIT B-9 Union Pacific Railroad Company Insurance Provisions For Pipeline 1 Wireline I Drainage License Agreements " Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability, insurance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: • Bodily injury including death and personal injury • Property damage • Fire legal liability (Not less than the replacement value of the portion of the premises occupied) • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of Insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (59) from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Coverage for Licensee's (and Licensors) employees shall not be excluded • Waiver of subrogation B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $2,000,000 per occurrence or claim, including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non -owned The policy shall also contain the following endorsements which shall be Indicated on the certificate of insurance: • For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS -90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If Licensee is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The polity shall also contain the following endorsement which shall be indicated on the certificate of Insurance: • Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. Page '1 of 2 PLMMRAINAGE ITIS. 02/16101 Form k mroved, AVP=Law Other Requirements E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of Insurance F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Licensor. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary with respect to any insurance carred by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance. G. All policy(les) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of Insurance. H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such pollcy(les) to notify Licensor in writing of any cancellation or material alteration. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. 1. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be primary. K. The fact that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Page 2 of 2 0 THE STATE OF TEXAS COUNTY OF WILLIAMSON March 12, 1934 3s-- KNOW s KNOW ALL MEIN BY THESE PRESENTS: : WHEREAS, L. W. Baldwin and Guy A. Thompson, Trustees, International -Great Northern Railroad Company, Debtor, desig- nated as First Party, and the State of Texas, acting by and through its State Highway Engineer, said State of Texas desig- nated as Second Party, on or about the 10th day of December, 1933 entered into and executed in Writing a certain agreement or contract relative to the construction of an overpass at Round Rock, Williamson County, Texas, at a point where the new location for state Highway No. 2 intersects the main track of First Party; and i' REAS, said First Party dial in that contract grant an easement and gave its permission to Second Party to main- tain and use said overl)ass and the land upon which it is lo- cated at said point; and WHEREAS, said contract above referred to contained certain conditions, stipulations and agreements, NOR, THEREFORE, said above referred to oontract is herewith and hereby adopted and re --affirmed by both the above named contractinE parties; said contract shall continue in full effect and binding force in the same tenor and effect, except as hereinafter modifi. The sole and only modification to said contract above referred to shall be and is that Article I, paragraph (a) , sha= Y s i upon w721ob, it is located at said point,suah maintenance and use to be oaxried on subject to the oondiltions hereof; the easement, granted hereby, being on and over land in Williamson County, Texas, and outlined in yellow color - in on blue print attached and marked Exhibit IIAW, more partioularly described as follows: "Beginning at a point where the center line of State Highway No. Williamson County,Texas, interseotB the l -GN RR.Co.'s northerly property line, said point being located at the inter- section of the center line of Mays Street with the south line of Bagdad Avenue,sa.id point being Highway Engineer's chaining station 103 plus 16.5; "Thence easterly along the l -GN RR.Co.'s northerly property line, which line is also the south line of Bagdad Avenue, a distance of 115 feet to a point; "Thence southwesterly a distance of 106 feet to a point which is 40 feet distant easterly at right angles from the center line of said Highway No. Z. at Highway Engineer's chaining station 102 plus 41.5; Thence southerly 40 feet from and parallel with the center line of said Highway, a distance of 295 feet to a point opposite Highway Engineer's chaining station 99 plus 46.5; UThenoe northeasterly, a distance of 65 feet to a point which is 100 feet distance easterly at right angles from the center line of said Highway at HiL.way Engineer's chaining station 99 plus 71; "Thence southeily a distance of 371.5 feet to a point which is 80 feet distant easter- ly asterly at right angles from the center line of said Highway at Highpay Engineer's chaining station 96 plus 00; "Thence southerly, 80 feet from and parallel with the center line of said Highway a dis- tance of 200 feet to a point; ants....--_ ____iw .,n .a_ —___ Ar- i "Thenoe northerly, a distance of 290 feet to a point Which is 100 feet distant westerly at right angles from the center line of said Highway at Highway Engineer's chaining station 98 plus 88.9; "Thence northeasterly, a distance of 65 feet to a point which is 40 feet distant westerly at right angles from the center lane of said Highway at Highway Engineer's chaining station 99 plus 13.6; "Thence northerly, 40 feet from and paral- lel with the center line of said Highway, a distance of 327.9 feet to a point opposite Highway E;l;ineer's chaining station 102 plus 41.5; "Thence northwesterly, a distance of 106 feet to a point in the I -GN RR. Co.'s nor- therly property line, which line is also the south line of Bagdad Avenue; "Thence easterly along last mentioned line, a distance of 115 feet to the point of be- ginning; "Containing 3.0 acres more or less." IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed this day of , A. D. 1934. L. f7. BALDWIN and GUY A. THOMPSON, TRUSTEES, INTERNATI 4AL-GREAT NORT RN RAILROAD COMPANY,DEBTOR By i ". ATTEST: Senior Executive Assistant Secretary for tXe Tnetees. THE BTA TES By ssr THE STATE OF TEXAS : COUNTY OF HARRIS ; BEFORE ME, the undersigned authority, on this day per- sonally appeared H. R. SAF FORD, known to me to be the person chose name is subscribed to the foregoing instrument of writing as Senior Executive Assistant of L. 17. Baldwin and Guy A. Thompson,Trustees, International -Great Northern Railroad Company, Debtor, and acknow- ledged to rye that he executed the same for the purposes and consid- eration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GxVE under my hand and seal of office, thise:? day of /% , A. D. 1934. -:Zz: 4_7 ary Public ina6d for arxi County,Texas i THE STATE OF TEXAS COUNTY OF HARRIS : - BEFORE ISE, the undersigned authoxity, on this day per- sonally appeared A. NAYLOR, known to me to be the person whose name is subscribed -o the foregoing instrument of writing, as Secretary for L. W. Baldwin and Guy A. Thompson, Trustees, Inter- national --Great Ilorthern Railroad Company, Debtor, and acknoWledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated, and as the act and deed of said cornoratioi;. of ��GTV T der my hand and seal of office, this g4. day A. D. 1934. THE STATE OF TEXAS : COUNTY OF TRAVIS : BEFORE ME,.the a signe authority, on this day per- sonally appeared known to me to be the person whose name is subscribed to the oregoinr instrument of writing as q+n t A 143 o-bvinv Encineer of the State of Texas. and aoknowledized to --"O" 3A 1,-- 611 D '46 i STATE OF TEXAS } COUNTY OF WILLXAMSON) THIS CONTRACT AND AGREEMENT, made and entered into by and between L.W. Baldwin and Oxy A. Tompson, Trustees, Inter- national -Great Northern Railroad Company, Debtor, sometimes hereinafter called "First Partys, and the State of Texas, act- ing herein by its State Highway Engineers the State of Texas being hereinafter sometimes called "Second Party'. WIT NLS 8E THi RECITALS: The main track of the First Party intersects the neer location for State Highway No.2 within the station grounds of First Party at Round Rock, Williamson Coantys Texas, said highway extending from Austin, Texas, to Georgetown, Texas, will cross said railroad track at said point, and it is deemed desirable by both Parties to construct an overpass for said highway over said railroad track, and in an endeavor to accom- plish much separation of the grade crossing this contract is executed, any and all existing controversies as to whatber First Party may be forced to bear any part of the expense being compromised hereby; i9 (a) First Party hereby grants an easement and gives its permission to Second Party to maintain and use said pro- posed overpass and the land upon which it is located at said point, such maintenance and use to be carried on subject to the conditions hereof; the easement, granted herebys being on and over land in Williamson County, Texas, and outlined in yellow coloring on blue print attached and marked Exhibit "A", more particularly described as follows: An easement and/or right of way for highway overpass purposes over and across the International -Great Northern Railroad Companyis station grounds in the Wiley Harris Survey, Round Rock, Williamson County, Texas, being an 8Ox9561 strip of land, 40 ft. on each side of the center line of bays Street extended southerly, said center line being more particularly described as followss Beginning at a point where the center line of Mays Street, Round Rock, Williamson County, Texas, extended southerly intersects the south line of Bagdad Street, said point being in the International4reat Northern Railroad Conpanyss northerly property line; Thence, continuing southerly along the center line of Mays Street extended, a dis- tance of 956 ft, more or less to a point in said railroad oampang+s southerly property line. Containing - 1976 acres, more or leas; .(b) Second Party shall construct, either with its own forces or by and through an agent or independent contractor, the over;inss structure of the design as shorn on the attached blue print and, upon the oompletion of same, remove the timbers, treaties or other obstructions to the and that said highway may be freely used over said track at the point in question. (c) After completion by Second Party of the overpass structure and the removal of said obstructions, the Second Party shall oonatruct, or cause to be constructed, the highway over said tracks to the alignment and height as shown for the pro- posed highway on the attached blue print. (d) The attached plans and specifications furnished by State Highway Engineer, outlined on print, having been approved by both parties, are adopted as plans and specifications of the construction. No changes in these plana and specifications are to be mads without the written consent of both parties and the approval of such changes by the State Highway Engineer and the Chief Engineer of the First Party. (e) Second Party assumes entire responsibility for the maintenance and use of the portion of said highway, located up- on First Party's property at the point in question, and nothing contained herein shall ever be construed to place upon First Party any manner of liability for injury to or death of persons, or for damage to or loss of property arising from or in any man- ner connected with any failure respecting the proper maintenance or repair of the portion of said highway located upon First Party's land at the point in question, (f) The eaarty's,o operating hereby, sbtrains acrossl not ithe land prevent fih! First Party p g over which such easement has been granted, or under the over- pass vbbtempkahed hereby, either during construction or thereafter. (g) It is agreed that should the easement granted hereby, or any portion thereof, cease to be used for public road purposes, the portion so abandoned shall revert to First Party without any further act or deed on the part of the Second Party. (h) It is agreed that nothing contained herein shall be construed to obligate the Second Party to begin the work by its own forces or to procure an independent contractor to do the said work within any given time limit, and that the obligations of Second Party, concerning said overpass, shall not begin until actual work actually begins, but it is agreed that when actual work is started, reasonable diligence shall be used in prosecuting the work; and it is agreed that the First Party's Chief Engineer, or his representative, shall supervise the work in question to the end that safety of railroad operations shall not be endangered; and Second Party shall have construction details conform to de- mands of Chief Engineer, or his representative, in this regard. (i) First Party hereby expressly reserves the right to change., alter, increase and multiply its tracks, structures and fa- oilities in and upon the land above described. If any such addition or alteration shall be made or began by First Party before both par- ties approve the general plans for the work provided for in this agree- ment the plans and specifications to the extent deemed necessa by First Party's Chief Engineer, shall, without additional cost to First Party, be designed to accommodate the said alteration or addition. If such alteration or addition shall be desired by First Party after tfe mutual approval of sug� addition! .% plans, such alteration or addition may be made by First Party, but at its own expense; and in making the same Second Party shall at Fdrst-Party's expense, make such changes n or additions to tN said overpass as may be reasonably required to continue the some in service without unnecessary change in its general defttgno In any such case, First Party's Chief Engineer - 2 - i and the State Highway Engineers or their succes6ores may agree upon plans and specifications for any such work. After the com- pletion of said overpass, except as below provieed, no such al- teration or addition by First Party shall be permitted which will interfere with standard highway clearances; however, to provide such clearances, Second Party, at the request and ex- pense of First Party, shall promptly make such neoessarychanges in said overpass or in other structures or facilities as may be required to protect such clearances and Second Party's bills for the actual, cost of any such work stall be promptly paid by First Party. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed this _ /? day of ,A.D., 1933. L.W. BALDWIN and GUY A. THOMISON, TRUSTEES, INTERHATIONAL-GREAT NO 'HM RAILROAD COMPANY, TUTOR. BY: ATTEST, a oeutive Assiatar acre ary for the Trustees FORMS D AS TO ENGENEERINaS _a- THE $ ' F T 'CAB BY:. a g ay gineer APPROV s ener anager s i THE STATE OF TEXAS COUM OF HAMS BEFORE ME, the undersigned authority, on this daps per- sonally appeared, H.R. Safford, known to me to be the person whose none is subscribed to the foregoing instrument of writing as Vice - President for L.W. Baldwin and guy A.Th mpson, Trustees+ International - Great Northern Railroad Company, Debtor, and acknowledged to me that he executed the some for the purposes and consideration therein ax- preaaed, in the capacity therein stated, and as the act and deed of said corporations VEN under my hand and seal of office, this 22day of A. A. s 1933; THE STATE OF TESAS ) COUIUY OF HARRIS 101 BEFORE ME$ the undersigned authority, on this day, per- sonally appeared A. NAMOR, known to me to be the person whose name is subscribed to the foregoing instrument of writing, as Secretary for L.W, Baldwin and Guy A. Thompson, Trustees, In- ternational -Great Northern Railroad C=parq Debtor, and adknow- ledged to me that he executed the same for the purposes and con- sideration therein expressed in the capacity therein atated, and an the act and deed of said corporation. IVEN under my band and seal of office, this //&day of Ii.D•, 19330' ToMary pixb a or ar s sun y, axes THE STATS Cly TE Us COMP OF TRAVIS ZEFOREJM athe undersigned authority on this days personally appeared 0i 6 b G I � ; ;` � known to me tothe parsoa4mkose- name is su so e o oregaing instrumentor writing as State Highway Engineer of the tate of Texans and aoknowlegad to me that he executed the same for the purposes and consideration therein em- presaeds in the Capacity therein stated, and as the act and deed of said State of Texas. GIVEN under my hand and seal, of office this �Z3 day of ,A.D., 1933, o a �c n and Travis oun , Texas. - VV F�l N tn UL u Q1�i {/ 1-3 Bone- Put r r9e7oW17 �..�� L_�J •�. f 'L. ILA L—�]