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CM-2019-0081 - 3/22/2019RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664 ELECTRONICALLY RECORDED 2019024979 Williamson County, Texas Total Pages: 19 Space Above for Recorder's Use Only Folder 2748-74 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS (this "Declaration") is made this ZZ day of M aV4 , 2019, by the CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation ("DecIarant' ). RECITALS A. Declarant is the owner of certain real property in the City of Round Rock, Williamson County, Texas, described in Exhibits A-1, A-2 and A-3 attached and incorporated herein by reference (the "Property"). B. Declarant has agreed to restrict future uses of the Property in order to prevent certain uses that are inappropriate given the Property's location in proximity to the rail corridor of Union Pacific Railroad Company, a Delaware corporation ("UPRR"), and taking into consideration previous uses of the Property. DECLARATION 1. Declarant declares that the Property is subject to the following restrictions (collectively, the "Restrictions"): (a) Fence Covenant. Declarant, at its sole cost and expense, shall install and thereafter maintain fencing or other barriers (the "Fencing') to prevent access to or encroachment on the railroad right-of-way of UPRR adjacent to the boundary of the Property. The Fencing must be of a design and type satisfactory to UPRR, and in 2019024979 Page 2 of 19 compliance with applicable building codes. Within sixty (60) days after the date of this Declaration, Declarant shall submit the plans for the Fencing to: Union Pacific Railroad Company Assistant Vice President — Real Estate (Folder No. 1390-46) 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. UPRR shall complete such review and make appropriate response to Declarant within twenty (20) days after receipt of such plans by UPRR. UPRR shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the Fencing as constructed will be structurally sound. Declarant shall install the Fencing no later than one hundred - twenty (120) days after receiving UPRR's written approval of the plans. (b) Railroad Proximity Covenant. (i) Declarant acknowledges that the property abutting or in proximity to the southerly boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty-four (24) hours a day, and that the amount, nature and intensity of railroad operations may increase or change (collectively, the "Permitted Effects"). Declarant agrees that, at Declarant's sole cost and expense, as part of any development of the Property, Declarant shall design and install and/or construct and thereafter maintain improvements to comply with all governmental requirements, if any, which may be imposed as a condition to the development and use of the Property because of the Permitted Effects. (ii) Declarant shall not, and hereby waives all rights to, (A) institute legal proceedings against UPRR to reduce or lessen the Permitted Effects, and (B) directly or indirectly participate in petition drives, lobbying efforts or other activities seeking the enactment of federal, state or local laws or ordinances to reduce or lessen the Permitted Effects. Any party breaching such covenant shall reimburse UPRR for all costs incurred by UPRR to comply with any such orders, laws or ordinances, including, without limitation, attorney fees and court costs. (iii) If Declarant sells or leases all or any portion of the Property, Declarant shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of UPRR, to comply with the above covenants. 2. UPRR is entitled to prosecute a proceeding at law or in equity against any person or persons who violate the Restrictions, to enjoin or prevent them from doing so, to cause any violation to be remedied and/or to recover damages for any violation. 2019024979 Page 3 of 19 3. Any violation of the Restrictions constitutes a nuisance and every remedy allowed at law or in equity for such nuisance is available to UPRR. 4. All remedies provided in this Declaration or at law or in equity are cumulative and not exclusive, regardless of the specificity of any right or remedy provided for in this Declaration. 5. The Restrictions are enforceable to the full extent not prohibited by applicable statute, ordinance, regulation or other law. 6. In any legal or equitable proceedings to enforce or restrain a violation of the Restrictions, the person or persons violating or attempting to violate the Restrictions shall pay the reasonable attorneys' fees and all costs in connection therewith, and shall pay the reasonable attorneys' fees and all costs in connection with such enforcement or attempted enforcement of the Restrictions incurred by UPRR. 7. The Restrictions and all other terms or conditions in this Declaration may be modified only by an instrument signed and duly acknowledged by Declarant and UPRR and duly recorded in the official deed records of Williarnson County, Texas. The Restrictions shall run with the land and be binding upon on all parties acquiring any right, title or interest in or right to use the Property until such time as UPRR, its successor or assigns, abandons its use of its property adjacent to the Property pursuant to abandonment authority granted by the Surface Transportation Board. The Restrictions are solely for the benefit of UPRR, its successors or assigns, and for the benefit of UPRR's property in the vicinity of the Property. [SIGNATURE PAGE FOLLOWS] 4839-3523-16161 2019024979 Page 4 of 19 IN WITNESS WHEREOF, Declarant has caused these presents to be sealed with its corporate seal and to be signed by its authorized officers, the day and year first herein written. DECLARANT: CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation r STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged befo e Te on the Q ay of G k , 2019, by Z.;i4pl e e the L ' rkCW—'$—of the City of Round Rock, Texas, a home rule mu icipal corporation, on gehalf of sai unicipal corporation. 14 otary Public, Ve of Texas (Seal) ? t •'•i�FOFt�,��.. •• 126251°; Eftfiy51*111 fill 2019024979 Page 5 of 19 EXHIBIT Lem Description a porca A METES AND BOUNDS DESCRIPTION FOR A 0.676 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 0.8791 ACRE TRACT OF LAND (TRACT 11) CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, AS RECORDED IN DOCUMENT NO. 2013081105, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), AND ALL OF THE CALLED 0.236 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, RECORDED IN DOCUMENT NO. 2014022530, (O.P.R.W.C.T.), AND BEING 0.053 ACRE WITHIN THE RIGHT-OF-WAY OF E. BAGDAD AVENUE (80' RIGHT-OF-WAY WIDTH) PER CABINET A, SLIDE 190, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 0.676 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an Iron rod found with aluminum cap stamped "CORR" on the southeast corner of said 0.236 -acre CITY OF ROUND ROCK tract, some being on the southwest comer of a called 0.189 -acre tract of land conveyed to the CITY OF ROUND ROCK, TEXAS, recorded In Document No. 2014022531, (O.P.R.W.C.T.), some being on a point in the curving northerly right-of-way line of the UNION PACIFIC RAILROAD, monument€ng the southeast comer and POINT OF BEGINNING hereof; THENCE with the southerly boundary line of said 0.236 -acre CITY OF ROUND ROCK tract, same being with sold northerly right-of-way line of the UNION PACIFIC RAILROAD with a curve to the left, an are length of 110121 feet, said curve having a radius of 3062,1.2 feet, a central angle of 02°x3'44" and having a chord which bears S 69°08120" W for a distance of 110.20 feet to an Iron rod found with aluminum cap stamped "CORR", on the southwest comer of said 0.236 acre CITY OF ROUND ROCK tract, same being on the southeast corner of said 0.8791 -acre CITY OF ROUND ROCK tract, monumenting the end of this curve; THENCE with the southerly boundary line of sold 0.8791 -acre CITY OF ROUND ROCK tract and said northerly right-of-way line of the UNION PACIFIC RAILROAD with a curve to the left, an are length of 293.09 feet, sold curve having a radius of 2700.08 feet, a central angle of 06013110" and having a chord which bears S 68"0$'07" W for a distance of 292.95 feet to a 1!2" Iron rod set with cap marked "Diamond Surveying", monumenting the southwest corner hereof, from which an Iron rod found, on the southwest comer of sold 0.8791 -sore CITY OF ROUND ROCK tract, bears S 61023159" W for a distance of 69.00 fleet; 2019024979 Page 6 of 19 THENCE departing said northerly right-of-way line of the UNION PACIFIC RAILROAD, through the Interior of said 0.8791 -acre CiTY OF ROUND ROCK tract and said E. BAGDA13 AVENUE, the following five (5) courses and distances: 1. With a curve to the left an arc length of 72.22 feet, said curve having a radius of 252.00 feet, a central angle of 16°25'16", and having a chard which bears N 46"21'49" E for s distance of 71.98 feet to a 112" Iron rod set with cap marked "Diamond surveying", monumenting the and of this curve; 2. N 38009'12" E for a distance of 126.42 feet to a 1120 iron rod set with cap marked "Diamond Surveying", monumenting the beginning of a curve to the right, 3. With sold curve to the right passing at an arc length of 48.94 feet a 112" Iron rod set with cap marked "Diamond Surveying", monumenting said southerly right-of- way line of E. BAGDAD AVENUE and the northerly boundary line of said 0.8791 acre CITY OF ROUND ROCK tract, In all a total arc length of 134.89 feet, said curve having a radius of 287.00 feet, a central angle of 33°14121" and having a chord which bears N 54°46122" E for a distance of 152.73 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the end of this curve; 4. N 71°23'33" E for a distance of 82.49 feet to a 1/2" Iron rod set with cap marked "Diamond Surveying", monumertting the northeast comer hereof; 5. S 10025128" E for a distance of 15.07 feet to an Iron rod found with aluminum cap stamped "CORR", on the northeast corner of said 0.238 -acre CITY OF ROUND ROCK tract, some being on the northwest corner of sald' 0.189 -acre CITY OF ROUND ROCK tract, monumenfing a point In the easterly boundary line hereof, THENCE S 19°25'28" E with the easterly boundary line -of said 0.236 -acre CITY OF ROUND ROCK tract and the westerly boundary One of said 0.169 -acre CITY OF ROUND ROCK track for a distance 92.11 feet to the POINT OF BEGINNING hereof and containing 0.678 acre of land more or less. A drawing has been prepared to accompany this inetes and bounds description BEARING BASIS: NAD -83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM. All distances are surface distances. Combined Surface Adjustment Factor used for this survey 1s 0.99988784. �q 0 2019024979 Page 7 of 19 C 0 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation @SB&89ve� All or parts of the text on this page was not clearly legible for satisfactory 800�6�Be� 3iiii393� d� o i .moi y El RECORDERS MEMORANDUM recordation EXHIBIT A,2 Lewd Description of Parcel D METES AND BOUNDS DESCRIPTION FOR A 0.781 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 288, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 2.1355 ACRE TRACT OF LAND (TRACT 1), A PORTION OF THE CALLED 0.8791 ACRE TRACT OF LAND (TRACT 11) CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, AS RECORDED IN DOCUMENT NO. 2013081106, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING 0.317 ACRE WITHIN THE RIGHT-OF-WAY OF E. BAGDAD AVENUE (80' RIGHT-OF-WAY WIDTH) PER CABINET A, SLIDE 190, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 0.781 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an Iron rod found with aluminum cap stamped "CORK" on the northeast comer of said 0.236 -acre CITY OF ROUND ROCK tract, from which an Iron rod found with aluminum cap stamped "CORK" on the southeast corner of said 0.236 - acre CITY OF ROUND ROCK tract, some being on a point 1n the curving northerly right- of-way ightof way line of the UNION PACIFIC RAILROAD, bears S 19°26'28" E for a distance of 82.11 feet, THENCE 870042'59" W with the north boundary line of said 0.236 acre CITY OF ROUND ROCK tract, the north boundary line of said 0.8781 acre CITY OF ROUND ROCK tract and said south right-of-way line. of E. BAGDAD AVENUE, passing at a distance of 110.23 feet an Iron rod found with aluminum cap stamped "CORR" on the northwest corner of said 0.236 acre CITY OF ROUND ROCK tract, same being on the northeast corner of said 0.8751 acre CITY OF ROUND ROCK tract, In all a total distance of 309.57 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on the southeasterly boundary line of the herein described tract for the POINT OF BEGINNING hereof; THENCE departing said south right-of-way line of E. BAGDAD AVENUE, through the Interior of said 0.8791 acre CITY OF ROUND ROCK tract and sold 2.1366 acre CITY OF ROUND ROCK tract, the fallowing six (6) courses and distances: 1. S 38009112" W for a distance of 72.79 feet to a 112" Iron rod set with cap marked "Diamond Surveying". on the beginning of a curve to the right; 2. With said curve to the right an arc distance of 76.14 feet, said curve having a radius of 187.00 feet, a central angle of 23019'48" and having a chord which 20190249?9 --Page 19 of 19 bears S 491149108" W far a distance of 75.62 feet to a 112" iron rod set with cap marked "Diamond Surveying", on the point of reverse curvature of a curve to the Zeit; 3. With sold curve to the left an are distance of 175.83 feet, sold curve having a radius of 2762.50 fest, a central angle of 0303848" and having a chord which bears 3 69039138" W for a distance of 175.80 feet to a 112" Iron rod set with cap marked "Diamond Surveying", for the southwest comer hereof, 4. N 32044'39" W for a distance of 48.37 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on the beginning of a curve to the right, 6. With said curve to the right an are distance of 16.75 feet, said curve having a radius of 72.00 feet, a central angle of 13019134" and having a chord which bears N 26004'52" W for a distance of 16.71 lest to a 1/2" Iron rod sat with cap marked "Diamond surveying", on the and of this curve; 6. N 19"25'01" W for a distance of 36.23 Meet to a 112" Iron rod set with cap marked "Diamond Surveying", on said south right-of-way line of E. BAGDAD AVENUE, some being on a point in the northerly boundary line of said 2.1366 -acre CITY OF ROUND ROCK tract; THENCE departing said south rlghtof way line of E. BAGDAD AVENUE, through the Interior of said E. BAGDAD AVENUE, the following three (3) courses and distances: 1. N 19425101" W fora distance of 26.33 feet to a 112" Iron rod set with cap marked "Diamond Surveying", for the northwest comer hereof, 2. N 701'34'59" E for a distance of 2413.39 feet to a 112" Iron rod set with cap marked "Diamond Surveying", for an angle point hereof; 3. N 313°10116" E for a distance of 98.69 feet to a 112" Iron rod set with cap marked "Diamond Surveying" on a point in the south terminus line of S. SHEPPARD STREET, for an angle point hereof; THENCE N 70°42159" E, In part with the south terminus line of said S. SHEPPARD STREET and In part with the south boundary line of Lot 10, Block 11, as recorded In said Cabinet A, Slide 180, for a distance of 39.35 feet to a 112" Iron rod set with cap marked "Diamond Surveying", for the ndrlheast comer hereof, THENCE through the interior of said E. BAGDAD AVENUE, the following three (3) courses and distances: 1. S 51°49'44" E for a distance of 40.64 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on the beginning of a curve to the left; E 2. With said curve to the left an arc distance of 34.16 feet, said curve having a radius of 332.00 feet, a central angle of W6314311 and having a chord which bears S 41006104" W for a distance of 34.14 feet to a 912" Iron rod set with cap marked "Diamond Surveying", on the and of this curve; 3. S 38009112" W for a distance of 53.64 feet to the POINT OF BEGINNING hereof and containing 0.781 acre of land more or lass. A drawing has been prepared to accompany this metes and bounds description. BEARING BASIS; NAD -83, TEXAS CENTRAL (42203), STATE PLANE SYSTEM. All distances are surface distances. Combined Surface Adjustment Factor used for this survey is 0.98988784. 0 CIT 8. MPPM 8T. (ao' R.o.x.) RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation p�a ,107 � p S07 fit RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation Y84Y� RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation EXHIBIT Le� Desarlythn of Parcel C METES AND BOUNDS DESCRIPTION FOR A 1.256 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 2.1355 ACRE TRACT OF LAND (TRACT 1), CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, AS RECORDED IN DOCUMENT NO. 2013081105, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A 0.065 ACRE TRACT OF LAND BEING A REMNANT PORTION OF THE CALLED 57.36 ACRE TRACT OF LAND CONVEYED TO UNION PACIFIC RAILROAD COMPANY RECORDED IN VOLUME 22, PAGE 441, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING 0.170 ACRE WITHIN THE RIGHT-OF-WAY OF E. BAGDAD AVENUE (80' RIGHT-OF-WAY WIDTH) PER CABINET A, SLIDE 190, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.266 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an Iron rod found on the southwest corner of said 2.1355 acre CITY OF ROUND ROCK tract, some being on a point In the easterly right -of way line of S. MAYS STREET (80' right-of-way width), some being on the northerly right-of-way of the UNION PACIFIC RAILROAD, from which an Iron rod found an an angle point in the south boundary line of said 2.1355 acre CITY OF ROUND ROCK tract and an angle point In said northerly right-of-way line of the UNION PACIFIC RAILROAD bears N 510421340 E for a distance of 203.26 feet, THENCE N 19021'15" W with said easterly right-of-way line of S. MAYS STREET and the west boundary line of said 2.1355 acre CITY OF ROUND ROCK tract for a distance of 58.80 feet to a 112" Iron rod set with cap -marked "Diamond Surveying", monumenting the southwest corner and POINT OF BEGINNING hereof, THENCE N 19°27'75" W continuing with said easterly right-of-way line of S. MAYS STREET, the west boundary line of sold 2.1355 acre CITY OF ROUND ROCK tract, and In part over and across said E. BAGDAD AVENUE, passing at a distance of 142.30 That a concrete monument €bund monumenting the southwest comer of sold 0.065 acre UNION PACIFIC RAILROAD tract, same being on the mast westerly northwest corner of sold 2.1355 acre CITY OF ROUND ROCK tract, passing at a distance of 217.43 feet a calculated point for the Intersection of said easterly right-of-way line. of S. MAYS STREET and the southerly right -of way tine of E. BAGDAD AVENUE, same being the northwest corner of said 0.065 -acre UNION PACIFIC RAILROAD tract, In all a total distance of 242.96 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the northwest comer hereof,• THENCE over and across said E. BAGDAD AVENUE, the following two (2) courses and distances: I. N 70°34159" E far a distance of 288.85 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the northeast corner hereof; 2. S 19°25101" E for a distance of 28.20 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on said southerly right-of-way line of E. BAGDAD AVENUE, same being on a point in the northerly boundary line of said 2.1356 acre CITY OF ROUND ROCK tract; THENCE departing said southerly right-of-way fine of E. BAGDAD AVENUE, through the Interior of said 2.1356 acre CITY OF ROUND ROCK tract, the following seven (7) courses and distances: 1. S 19026101" E for a distance of 36.36 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the beginning of a curve to the lett; 2. With said curve to the left an arc distance of 29.77 feet, said curve having a radius of 128.00 feet, a central angle of 13019'38" and having a chord which bears S 26004'43" E for a distance of 29.71 feet to a 112" iron rod set with cap marked "Diamond Surveying", monumenting the and of this curve; 3. S 32°44'39" E for a distance of 48.37 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the southeast corner hereof, from which a W out found in concrete on the southeast corner of said 2.1355 acre CITY OF ROUND ROCK tract, and an angle point In sold northerly right-of-way line of the UNION PACIFIC RAILROAD, same being on the west boundary line of ,a called 0.8781 acre tract of land (TRACT II) described In said Document No. 2013081105, bears N 73°48'40" E for a distance of 209.02 feet; 4. With a curve to the left an arc distance of 92.99 feet, said curve having a radius of 2762.50 feet, a central angle of 01055'43" and having a chord which bears S 55°42139" W for a distance of 92.98 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the point of compound curvature of a curve to the lets; 5. With said curve to the left an arc distance of 53.15 feet, said curve having a radius of 349.00 feet, a central angle of 03132148" and having a chord which bears S 51068124" W for a distance of 53.13 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the and of this curve,-. 6. 5 49°12100" W for a distance of 154.99 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the beginning of a curve to the right; 7. With said curve to the right an arc distance of 8.37 feet, sold curve having a radlus of 967.00 feet, a central angle of 02°52'18" and having a chord which bears S 60038108" W for a distance of 8.37 feet to the POINT OF BEGINNING hereof and containing 1.258 acres of land more or less. A drawing has been prepared to accompany this metes and bounds description. BEARING BASIS; NAD -83, TEXAS CENTRAL. (4203), STATE PLANE SYSTEM. All distances are surface distances. Combined Surface Adjustment Factor used far this survey Is 0,99988784. 9 WAB.Q & FRLMEW r0M78#11 M IW O AOOkLIIIOCK A O O: YOMUM ARIM Obi-10_17_3AN AC BLOOM Qd 0. MAYS SP. (a0' R.Odf.) Oil Ff19'21'i4"W 301.70' % 24ZOW•_ •_ — •.. — �> aa.a0 cj 142.30' MIT W _11 4 ---- 1-4 ca Ss g� I� a i t Pam gZ0 i t l'[ B. UMPABW 3!� .. 8T. z (ace RO X) fig' P4111 i III V � r t: I WA— > I� I rug 5 Al 0 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2019024979 Page 19 of 19 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019024979 Pages- 19 Fee- $113.00 03/27/2019 03.19 PM i'r.,l AS EtpF-7- . Nancy E. Rister,County Clerk Williamson County,Texas ORIGINAL DOCUMENT PENDING RECORDATION... UNRECORDED DOCUMENT TO FOLLOW RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664 Space Above for Recorder's Use Only Folder 2748-74 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS (this "Declaration") is made this 22 day of M aT4 , 2019, by the CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation ("Declarant"). RECITALS A. Declarant is the owner of certain real property in the City of Round Rock, Williamson County, Texas, described in Exhibits A-1, A-2 and A-3 attached and incorporated herein by reference (the "Property"). B. Declarant has agreed to restrict future uses of the Property in order to prevent certain uses that are inappropriate given the Property's location in proximity to the rail corridor of Union Pacific Railroad Company, a Delaware corporation ("UPRR"), and taking into consideration previous uses of the Property. DECLARATION 1. Declarant declares that the Property is subject to the following restrictions (collectively, the "Restrictions"): (a) Fence Covenant. Declarant, at its sole cost and expense, shall install and thereafter maintain fencing or other barriers (the "Fencing") to prevent access to or encroachment on the railroad right-of-way of UPRR adjacent to the boundary of the Property. The Fencing must be of a design and type satisfactory to UPRR, and in 4839-3523-1616 2 compliance with applicable building codes. Within sixty (60) days after the date of this Declaration, Declarant shall submit the plans for the Fencing to: Union Pacific Railroad Company Assistant Vice President — Real Estate (Folder No. 1390-46) 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. UPRR shall complete such review and make appropriate response to Declarant within twenty (20) days after receipt of such plans by UPRR. UPRR shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the Fencing as constructed will be structurally sound. Declarant shall install the Fencing no later than one hundred - twenty (120) days after receiving UPRR's written approval of the plans. (b) Railroad Proximity Covenant. (i) Declarant acknowledges that the property abutting or in proximity to the southerly boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty-four (24) hours a day, and that the amount, nature and intensity of railroad operations may increase or change (collectively, the "Permitted Effects"). Declarant agrees that, at Declarant's sole cost and expense, as part of any development of the Property, Declarant shall design and install and/or construct and thereafter maintain improvements to comply with all governmental requirements, if any, which may be imposed as a condition to the development and use of the Property because of the Permitted Effects. (ii) Declarant shall not, and hereby waives all rights to, (A) institute legal proceedings against UPRR to reduce or lessen the Permitted Effects, and (B) directly or indirectly participate in petition drives, lobbying efforts or other activities seeking the enactment of federal, state or local laws or ordinances to reduce or lessen the Permitted Effects. Any party breaching such covenant shall reimburse UPRR for all costs incurred by UPRR to comply with any such orders, laws or ordinances, including, without limitation, attorney fees and court costs. (iii) if Declarant sells or leases all or any portion of the Property, Declarant shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of UPRR, to comply with the above covenants. 2. UPRR is entitled to prosecute a proceeding at law or in equity against any person or persons who violate the Restrictions, to enjoin or prevent them from doing so, to cause any violation to be remedied and/or to recover damages for any violation. 4839-3523-1616.2 3. Any violation of the Restrictions constitutes a nuisance and every remedy allowed at law or in equity for such nuisance is available to UPRR. 4. All remedies provided in this Declaration or at law or in equity are cumulative and not exclusive, regardless of the specificity of any right or remedy provided for in this Declaration. S. The Restrictions are enforceable to the full extent not prohibited by applicable statute, ordinance, regulation or other law. 6. In any legal or equitable proceedings to enforce or restrain a violation of the Restrictions, the person or persons violating or attempting to violate the Restrictions shall pay the reasonable attorneys' fees and all costs in connection therewith, and shall pay the reasonable attorneys' fees and all costs in connection with such enforcement or attempted enforcement of the Restrictions incurred by UPRR. 7. The Restrictions and all other terms or conditions in this Declaration may be modified only by an instrument signed and duly acknowledged by Declarant and UPRR and duly recorded in the official deed records of Williamson County, Texas. The Restrictions shall run with the land and be binding upon on all paries acquiring any right, title or interest in or right to use the Property until such time as UPRR, its successor or assigns, abandons its use of its property adjacent to the Property pursuant to abandonment authority granted by the Surface Transportation Board. The Restrictions are solely for the benefit of UPRR, its successors or assigns, and for the benefit of UPRR's property in the vicinity of the Property. [SIGNATURE PAGE FOLLOWS] 4a39-3523-16161 IN WITNESS WHEREOF, Declarant has caused these presents to be sealed with its corporate seal and to be signed by its authorized officers, the day and year first herein written. DECLARANT: CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation r STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged befose e on the � ay of4G k , 2019, by �,(,L tYt a the LLQ' �A-�c f— of the City of Round Rock, Texas, a home rule mu -cipal corporation, on gehalf of sai unicipal corporation. \UE \\ CUA �Ip oy U' eliC otary Public, tie of Texas • s (Seal) �TAewi •. 128251°'.•' 4839-3523-I6I6.2 EXHIBIT Legal DescrlvHon ofPercel A METES AND BOUNDS DESCRIPTION FOR A 0.676 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 0.8791 ACRE TRACT OF LAND (TRACT 11) CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, AS RECORDED IN DOCUMENT NO. 2013081105, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), AND ALL OF THE CALLED 0.236 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, RECORDED IN DOCUMENT NO. 2014022530, (O.P.R.W.C.T.), AND BEING 0.053 ACRE WITHIN THE RIGHT-OF-WAY OF E. BAGDAD AVENUE (80' RIGHT-OF-WAY WIDTH) PER CABINET A, SLIDE 190, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 0.678 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an Iron rod found with aluminum cap stamped "CORK" on the southeast corner of said 0.236 -acre CITY OF ROUND ROCK tract, same being on the southwest comer of a called 0.188 -acre tract of land conveyed to the CITY OF ROUND ROCK, TEXAS, recorded In Document No. 2014022531, (O.P.R.W.C.T.), same being on a point in the curving northerly right-of-way line of the UNION PACIFIC RAILROAD, monumenting tha southeast comer and POINT OF BEGINNING hereof; THENCE with the southerly boundary line of said 0.236 -acre CITY OF ROUND ROCK tract, same being with said northerly right-of-way line of the UNION PACIFIC RAILROAD with a curve to the left, an arc length of 110121 fest, said curve having a radius of 3062.1.2 feet, a central angle of 02°031'44" and having a chord which bears S 69008120" W for a distance of 110.20 feet to an Iron rod found with aluminum cap stamped "CORR", on the southwest comer of said 0,238 acre CITY OF ROUND ROCK tract, same being on the southeast corner of said 0.8791 -acre CITY OF ROUND ROCK tract, monumenting the end of this curve; THENCE with the southerly boundary line of said 0.8791 -acre CITY OF ROUND ROCK tract and said northerly right -of way line of the UNION PACIFIC RAILROAD with a curve to the left, an arc length of 293.09 feet, said curve having a radius of 2700.08 feet, a central angle of 06°13'10" and having a chord which bears S 66"081071P W for a distance of 292.95 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the southwest corner hereof, from which an Iron rod found, on the southwest comer of said 0.8791 -acre CITY OF ROUND ROCK tract, bears S 61023159" W for a distance of 59.00 feet; THENCE departing sold northerly right -of way line of the UNION PACIFIC RAILROAD, through the Interior of said 0.8791 -acre CITY OF ROUND ROCK tract and sold E. IRAGDAD AVENUE, the following five (5) courses and distances: 1. With a curve to the left an arc length of 72.22 feet, said curve having a radius of 25LOO feet, a central angle of 16025'15", and having a chord which bears N 46°21'49" E for a distance of 71.98 feet to a 112" iron rod set with cap marked "Diamond Surveying", monumenting the end of this curve; 2. N 38009112" E for a distance of 126.42 feet to a 112" iron rod set with cap marked "Diamond Surveying", monumenting the beginning of a curve to the right, 3. With sold curve to the right passing at an are length of 48.94 feet a 112" Iron rod set with cap marked "Diamond Surveying", monumenting said southerly right-of- way line of E. BAGDAD AVENUE and the northerly boundary line of sold 0.8791 acre CITY OF ROUND ROCK tract, In all a total arc length of 154.89 feet, said curve having a radius of 267.00 feet, a central angle of 33014121" and having a chord which bears N 54"46122" E for a distance of 162.73 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the and of this curve; 4. N 71 °23133" E for a distance of 82.49 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the northeast comer hereof; 5. S 19025128" E for a distance of 15.07 feet to an Iron rod found with aluminum cap stamped "CORR", on the northeast corner of said 0.238 -acre CITY OF ROUND ROCK tract, same being on the northwest corner of sald' 0.189 -acre CITY OF ROUND ROCK tract, monumenting a point In the easterly boundary line hereof, THENCE S 19025'28" E with the easterly boundary line -of said 0.238 -acre CITY OF ROUND ROCK tract and the westerly boundary line of said 0.169 -acre CITY OF ROUND ROCK tract, for a distance 92.11 feet to the POINT OF BEGINNING hereof and containing 0.678 acre of land more or less. A drawing has been prepared to accompany this inetes and bounds description BEARING BASIS; NAD -83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM. All distances are surface distances. Combined Surface Adjustment Factor used for this survey Is 0.99988784. 2 nin N 9211' 19'28'28 E Q P 107.' a F� Is � FN I� 8. HURM ST (88' jMV i @86 B82vv � 51 � iIiII1,41k,11ill �ja� a a Fn p fill EXHIBIT A�� Le�a_I_Deacrivtion of Parcel B METES AND BOUNDS DESCRIPTION FOR A 0.781 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 2.1355 ACRE TRACT OF LAND (TRACT 1), A PORTION OF THE CALLED 0.8791 ACRE TRACT OF LAND (TRACT 11) CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, AS RECORDED IN DOCUMENT NO. 2013081105, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING 0.397 ACRE WITHIN THE RIGHT-OF-WAY OF E. BAGDAD AVENUE (80' RIGHT-OF-WAY WIDTH) PER CABINET A, SLIDE 190, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 0.781 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an Iron rod found with aluminum cap stamped "CORK" on the northeast comer of said 0.236 -acre CITY OF ROUND ROCK tract, from which an Iron rod found with aluminum cap stamped "CORK" on the southeast corner of said 0.236 - acre CITY OF ROUND ROCK tract, some being on a point In the curving northerly right- of-way ightof way line of the UNION PACIFIC RAILROAD, bears S 19°26'28" E for a distance of 92.11 Beet, THENCE 870042'59" W with the north boundary line of said 0.236 acre CITY OF ROUND ROCK tract, the north boundary line of said 0.8791 acre CITY OF ROUND ROCK tract and said south right-of-way line of E. BAGDAD AVENUE, passing at a distance of 110.23 feet an Iron rod found with aluminum cap stamped "CORK" on the northwest corner of said 0.236 acre CITY OF ROUND ROCK tract, same being on the northeast comer of said 0,8791 acre CITY OF ROUND ROCK tract, In all a total distance of 309.57 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on the southeasterly boundary line of the herein described tract for the POINT OF BEGINNING hereof; THENCE departing said south right-of-way line of E. BAGDAD AVENUE, through the Interior of said 0.8791 acre CITY OF ROUND ROCK tract and said 2.1365 acre CITY OF ROUND ROCK tract, the following six (6) courses and distances: 1. S 38°08'12" W for a distance of 72.79 feet to a 112" Iron rod set with cap marked "Diamond Surveying". on the beginning of a curve to the right; 2. With said curve to the right an arc distance of 76.14 feet, said curve having a radius of 187.00 feet, a central angle of 23°19'48" and having a chord which bears S 49°49106" W for a distance of 76.62 feet to a 112" iron rod set with cap marked "Diamond Surveying", on the point of reverse curvature of a curve to the left; 3. With sold curve to the left an arc distance of 175.83 feet, said curve having a radius of 2762.50 feet, a central angle of 0303848" and having a chord which bears S 69039136" W for a distance of 175.80 feet to a 112" Iron rod set with cap marked "Diamond Surveying", for the southwest comer hereof, 4. N 32044'39" W for a distance of 48.37 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on the beginning of a curve to the right, S. With said curve to the right an are distance of 16.75 feet, said curve having a radius of 72.00 feet, a central angle of 13019134" and having a chord which bears N 26004'52" W for a distance of 16.71 test to a 112" Iron rod set with cap marked "Diamond Surveying", on the and of this curve; 6. N 19°25'01" W for a distance of 36.23 Meet to a 112" Iron rod set with cap marked "Diamond Surveying", on sold south right of Way line of E. BAGDAD AVENUE, same being on a point in the northerly boundary line of said 2.1366 -acre CITY OF ROUND ROCK tract; THENCE departing sold south right -of way line of E. BAGDAD AVENUE, through the Interior of sold E. BAGDAD AVENUE, the following three (3) courses and distances: 1. N 19°25'01" W for a distance of 26.33 feet to a 112" Iron rod set with cap marked "Diamond Surveying", for the northwest comer hereof, 2. N 70034159" E for a distance of 248.38 fleet to a 112" iron rod set with cap marked "Diamond Surveying", for an angle point hereof; 3. N 389101116" E for a distance of 98.69 feet to a 112" Iron rod set with cap marked "Diamond SurveylV% on a point In the south terminus line of S. SHEPPARD STREET, for an angle point hereof, THENCE N 70°42159" E, In part with the south terminus line of said S. SHEPPARD STREET and In part with the south boundary line of Lot 10, Block 11, as recorded In said Cabinet A, Slide 190, for a distance of 39.35 feet to a 112" Iron rod set with cap marked "Diamond Surveying", for the northeast corner hereof, THENCE through the interior of said E. BAGDAD AVENUE, the following three (3) courses and distances: 1. S 51°49'44" E for a distance of 40.64 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on the beginning of a curve to the left; 2 2. With said curve to the left an arc distance of 34.16 feet, said curve having a radius of 332.00 feet, a central angle of 05°83143" and having a chord which bears S 41°06'04" W for a distance of 34.14 feet to a 912" Iron rod set with cap marked "Diamond Surveying", on the and of this curve; 3. S 38005112" W for a distance of 53.64 feet to the POINT OF BEGINNING hereof and containing 0.781 acre of land more or less. A drawing has been prepared to accompany this metes and bounds description. BEARING BASIS; NAD -83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM. All distances are surface dlslances. Combined Surface Adjustment Factor used for this survey Is 0.88988784. 3 i ceee� m�emmm� � .4 ceee� 3lil� D Y EXHIBIT LeLvalloexeri n of Parcel METES AND BOUNDS DESCRIPTION FOR A 1.256 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 2.1365 ACRE TRACT OF LAND (TRACT I), CONVEYED TO THE CITY OF ROUND ROCK, TEXAS, AS RECORDED IN DOCUMENT NO. 2013081105, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A 0.065 ACRE TRACT OF LAND BEING A REMNANT PORTION OF THE CALLED 57.36 ACRE TRACT OF LAND CONVEYED TO UNION PACIFIC RAILROAD COMPANY RECORDED IN VOLUME 22, PAGE 441, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING 0.170 ACRE WITHIN THE RIGHT-OF-WAY OF E. BAGDAD AVENUE (80' RIGHT-OF-WAY WIDTH) PER CABINET A, SLIDE 190, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.256 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an Iron rod found on the southwest corner of said 2.1355 acre CITY OF ROUND ROCK tract, some being ons point In the easterly right-of-way line of S. MAYS STREET (80' right-of-way width), same being on the northerly right-of-way of the UNION PACIFIC RAILROAD, from which an Iron rod found on an angle point in the south boundary line of said 2.1355 acre CITY OF ROUND ROCK tract and an angle point In said northerly right-of-way line of the UNION PACIFIC RAILROAD bears N 61042'340 E for a distance of 203.26 feet; THENCE N 19021'15" W with said easterly right-of-way line of S. MAYS STREET and the west boundary Ane of said 2.1355 acre CITY OF ROUND ROCK tract for a distance of 58.80 feet to a 112" Iron rod set with cap .marked "Diamond Surveying", monumenting the southwest corner and POINT OF BEGINNING hereof; THENCE N 19°21'15" W continuing with said easterly right-of-way line of S. MAYS STREET, the west boundary line of sold 2.1355 acre CITY OF ROUND ROCK tract, and In part over and across sold E. BAGDAD AVENUE, passing at a distance of 142.30 feet a concrete monument €bund monumenting the southwest comer of sold 0.065 acre UNION PACIFIC RAILROAD tract, same being on the most westerly northwest corner of sold 2.1355 acre CITY OF ROUND ROCK tract, passing at a distance of 217.43 feet a calculated point for the Intersection of said easterly right-of-way line. of S. MAYS STREET and the southerly right-of-way tine of E. BAGDAD AVENUE, same being the northwest corner of said 0.065 -acre UNION PACIFIC RAILROAD tract, In all a total distance of 2.42.96 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the northwest corner hereof; THENCE over and across said E. BAGDAD AVENUE, the following two (2) courses and distances: 1. N 70034159" E for a distance of 286.85 feet to a 112" Iron rod set with cap marked "Dlamond Surveying", monumenting the northeast corner hereof, 2. S 19025101" E for a distance of 2$.20 feet to a 112" Iron rod set with cap marked "Diamond Surveying", on said southerly right-of-way line of E. BAGDAD AVENUE, same being on a point In the northerly boundary line of said 2.1355 acre CITY OF ROUND ROCK tract; THENCE departing said southerly right of way line of E. BAGDAD AVENUE, through the Interior of said 2.1355 acre CITY OF ROUND ROCK tract, the following seven (7) courses and distances: 1. S 19026101" E for a distance of 36.36 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the beginning of a curve to the left; 2. With said curve to the left an arc distance of 29.77 feet, said curve having a radius of 128.00 feet, a central angle of 13'1938" and having a chord which bears S 2a°04'43" E for a distance of 29.71 feet to a 112" iron rod set with cap marked "Diamond Surveying", monumenting the end of this curve; 3. S 32044'39" E far a distance of 40.37 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the southeast corner hereof, from which a 'W cut found In concrete on the southeast corner of said 2.1355 acre CITY OF ROUND ROCK tract, and an angle point In said northerly right-of-way line of the UNION PACIFIC RAILROAD, same being on the west boundary line of,a called 0.8791 acre tract of land (TRACT 11) described In said Document No. 2013081105, bears N 73948'40" E for a distance of 209.02 feet; 4. With a curve to the left an are distance of 92.99 fest, said curve having a radius of 2762.50 feet, a central angle of 01°55143" and having a chord which bears S 551142139" W for a distance of 92.98 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the point of compound curvature of a curve to the left; 5. With said curve to the left an arc distance of 53.15 feet, said curve having a radius of 349.00 feet, a central angle of 03132148" and having a chord which beam S 61058124" W for a distance of 53.13 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the end of this curve,. 6. S 49012100" W for a distance of 154.99 feet to a 112" Iron rod set with cap marked "Diamond Surveying", monumenting the beginning of a curve to the right; tj 7. With said curve to the right an are distance of 8.37 feet, sold curve having a radlus of 167.00 feet, a central angle of 02052'18" and having a chord which bears S 601138108" W for a distance of 8.37 feet to the POINT OF BEGINNING hereof and containing 1.268 sores of land more or lose. A drawing has been prepared to accompany this metes and bounds description. BEARING BASIS; NAD -83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM. All distances are surface distances. Combined Surface Adjustment Factor used for this survey Is 0.99968784. Nq WA= k FRUrAOMW TOM OVAQ 4=0 IAds A a C MMWAMMM i—t 17—UM AQ F e MAYS Sr ....._......,. _....... caw ]LO.) .) x icmg N $EL 1AMPASAX or. (en' &o.w.) P �E��glt �l8s gal22 I p I �$ 811jig 6113 C39 : fi � I s�y3 XL ra � ,� CEa � a�,E( � g � �i ;� '� ii393 � � s��41 � ilg�9 g n � .a ECSES � �s9�1 9