CM-2019-0080 - 3/22/2019Polder 2748-74
AG ;1 ENT
THIS AGREEMENT ("Agreement") is entered into as of the date set forth below by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("UPRR!'), and
CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal coiporation ("City"). UPRR
and the City are referred to individually as a "Party" and referred to collectively as the "Parties"
�►ix�1MV�
WHEREAS, by Special Warranty Deed from UPRR to the City dated March 24, 2014,
and filed for record under CIerk's File Number 2014022530 in the Official Public Records of
Williamson County, Texas (the "Deed"), UPRR conveyed the real property legally described in
Exhibit A attached hereto and incorporated herein (the "2014 Sale Property") to the City.
WHEREAS, the Deed contained certain covenants, conditions and restrictions, as set
forth therein, restricting the use of and burdening the 2014 Sale Property.
WHEREAS, the City has asked UPRR, and UPRR has agreed, to modify the covenants,
conditions and restrictions set forth in the Deed as set forth herein. In exchange for UPRR's
agreement to modify the covenants, conditions and restrictions set forth in the Deed, the City has
also agreed to encumber certain real property owned by the City and legally described and
depicted in Exhibits B-1. B-2, and B-3 attached hereto and incorporated herein (the "City
Property") with certain covenants and restrictions as described herein.
AGREEMENT:
NOW, tMREFORE, for and in consideration of the mutual covenants herein made, the
parties agree as follows:
1. Within. thirty (30) days after the Execution Date of this Agreement ("Closing
Date"):
(a) The City hereby agrees to execute and record in the Official Public
Records of Williamson County, Texas a fully executed Declaration of Restrictions in the
form attached hereto as Exhibit C encumbering the City Property as legally described in
Exhibits B-1 B-2 and B-3 (the "Declaration of Restrictions") and deliver a recorded
copy of the same to UPRR; and
(b) UPRR hereby agrees to deliver to the City for recording in the Official
Public Records of Williamson County, Texas a fully executed Release and Quitclaim
Deed in the form attached hereto as Exhibit D (the "Release'l.
2. At Closing, the City shall pay the following costs:
(a) All of the escrow fee, if any; and
4839.3323-1616.2
(b) The cost of recording the Release and Declaration of Restrictions.
3. Each of the Parties warrants and represents to the other that it is duly authorized
to execute this Agreement and that this Agreement is binding upon each of them and their
respective successors -in interest, without further action by any Party.
4. This Agreement contains the entire agreement and understanding between the
Parties hereto with respect to the subject matter hereof and supersedes all prior negotiations,
agreements and understandings, whether written or oral.
5. This Agreement may be executed in any number of counterparts, each, of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
AEMAINDER OFPAGEBVTENTIONALLYBLANK
SIGNATURE PAGES TO FOLLOW
4839-3523-1616.2
TN SS WHEREOF the parties hereto have executed this Agreement as of this
day of 20KIExecution Date").
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation
By:2)a —
PrintName: _ CHRIS D. GOBLE
Title: Assistant Vice President - Real Estate
CITY OF ROUND ROCK, TEXAS, a Texas
home rule municipal corporation
By &� 14
Print Name: uuri
Title:
409-322346162
t.l
LEGAL DESCRIPTION OF 2014 SALE PROPERTY
0.238 AC,
U.P.R.R. Remainder Tract Mage 1 of 3
EXHIBIT,,,
PROP9RTY DESCRIPTION
DESCRIPTION OF A 0.238 ACRE (10,260 SQUARE F=OOT), TRACT OF LAND SITUATED IN THE WILEY
HARRIS SURVEY, ABSTRACT NO. 2ge, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE
REMAINDER OF THAT CALLED 67.38 ACRE TRACT CONVEYED TO THE FORMER INTERNATIONAL &
GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN
VOLUME 22, PAGE 441 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.238 ACRE
00,268 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at the calculated nortliwesledy corner of a called 2.1365 acre Tract of land conveyed to the City
or Round Rock, Texas in Document No. 201308ii05 {Tract 1) of the Offlolal Public Records of Williamson
County, Taxas, some being an angle point for the cutback between the southerly right -of -Way of Bagdad Avenue
{80' right -,i-way wid(h) and the eaelerly right-of-way or Mays Street (right-of-ftywidth varies), and from which a
112" Iran rod found beans S 21'28-07° E at a distance of 2.71 feel;
THENCE, with the southerly right -of way line of said Bagdad Avenue, along the northerly boundary line of said
Tract 1, and Ilse northerly boundary line of that called 0,6791 acre tract of land (Traci 11) conveyed to said Cliy of
Round Rock, Texas In the above said Document, N 70.42'89" E, for 6 dtstence of 786,17 feet to a 112" Iron rod
with aluminum cap stamped "CORR" set for the norlhwesledy corner and POINT OF 1386INNING of the hereln
described tracl, same being the northeasterly corner of said Traci II;
1) THENCE, continuing w101 thesoutherly ri,ght-of-way line of said Bagdad Avenue, some being the
northarly boundary Zino or said remainder of 67.38 acre tract owned by said U.P.R.R.,
N 70942'60" E for a distance of ii0.16 feat to a 112" tran rod with aluminum cap stamped'CORR" eel
far the northeastorly comer of the herein described tract;
2) THENCE, deparllag Ilia southerly right-of-way line of said Bagdad Avenue, thrcuglt sold remainder of
57.30 acra tract, 819'28'28" 11 for a distance of 02.04 feet to a 112" Iron rod with aluminum cap
atamped "CORK" eel for the sculheastedy corner of the herein described traol, same being radially 26
feel northerly from the centerline of The U.P.R.R. siding track, sold siding track being concentric with
and northerly of Ilia U.P.R.R. main line track, and tram whicts Ute calculated norlhwealerly corner of
Lake Creak Subdivision, a subdivision of record In Cabinet B. Slides 203.284 of the let Records or
Williamson County, Texas beers 810'26'26" E at a distance of 92.96 reel, also from whlah a 112' Iran
rod with plastic cap stamped *Baker found for an eq corner fy boundary line of
In the southerly
Gadd remainder of 67,36 acre tract In the weelerly boundary line of said Lake Creek Subdivision, also
being an ell corner in the northerly boundary fine of Lake Creek Addlilon Including Rapist of Lot 4, Lake
Creek Subdivision, a subdivision of record In Cabinet X, Sildes 388-360 of the Plot Records of
Williamson County, Texas, bears 81942628" E of a distance of 281.83 feel;
4839.1523-14102
0,238 AC.
U.P.R.R. Remainder Tract
Page 2of3
3) THENCE, along a curve to the left, parallel with and 25 feet northerly from sold siding track, having a
delta angle of 02'03'42", a radius of 3062.12 (eel, an aro length of 110.18 feel, and a chord witch
bears 8 69.08182" W for a distance of 110.18 feet to a 112" Iron rod wish aluminum cap slamped
"CORK• set for the southwesterly comer of the herein deacribed tract, some being the southegalerly
corner of said 0.8794 acre tract, and from which a 112" Iron rod found for the soulhweaterly corner of
sold 2,1355 acre tract, same being In the easterly right--of-way of Maya street bears S 68.471300 W at a
distance of 878.38 feet;
4) THENCE, with the easterly boundary line of said 0,8791 acre tract, N 19026160" W for a distance of
90,0.2 feet to the POINT OF BEGINNING, containing 0.230 aures (10,200 square feet) of land, more or
less;
All bearings cited herein are based on the Texas Stale Plano Coordinate System, Central Zone. No. 4203, NAI]
83.
This property description Is accompanied by a separate exhibit.
Thal I, Lawrence M. Russo, a Regtatered Professional Land Surveyor, do hereby certify that the above
description Is [rue and correct and that the properly described herein was determined by a survey made partially
on the ground end partially from moord Information under my direct supervlslon.
WI%NfSS MY HAND AND SF -%mound Rock, Williamson county, Texas,
ifiwrenaa M, Russo ti j - Elate
—Registered Professional Land Surveyor No. 6060
Intend aeodellas, L.L.C.
Firm Registration No. 100891.00
1601 Chisholm Trail Road, Suite 103
Round Rook, TX 78081
612-238-1200
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0.2.76 ACRES (1O,2fls Sq. Fd.)
REMAINDER POWTION 6 y 38 ACRflS GF.Oi7C Pfe_�, ,
YOL. 22, PACR 441 • D.R.W..C.T. Ile, ► °
FIl.RY RARRIS SOMY, ABSTRACT NO. ROB raain+�i
RECORDERS MEMORANDUM
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EXHIBIT
Leval Deecrintion of Parcel 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 1N 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 sold 0.236 -acre CITY OF ROUND ROCK tract, same being on the southwest
corner of a palled 0.169 -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,
monumenfing the southeast corner 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 are length of 110.121 feet, said curve having'a
radius of 3052.12 feet, a central angle of 02003'44" 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 "CORK", on the southwest corner of said 0.236 -acre CITY OF ROUND ROCK
tract, same being on the southeast comer 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 06013110" and having a chord which bears S 68°081071" 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 Iran rod found, on the
southwest corner of sold 0.8791 -acre CITY OF ROUND ROCK tract, bears S 61023`59"
W for a distance of 59.00 feet;
THENCE departing said northerly right-of-way line of the UNION PACIFIC RAILROAD,
through the Interior of sold 0.8791 -acre CITY OF ROUND ROCK tract and said E.
BAGDAD 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 160215115", and having a chord which bears N
46°29140" 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 38009192" E for a distance of 926.42 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", monumenting the beginning of a curve to the right;
3. With said curve to the right passing at an arc length of 48.94 feet a 112" Iron rad
set with cap marked "Diamond Surveying", monumenting said southerly right-of-
way line of IY BAGDAD AVENUE and the northerly boundary line of said 0.8799
acre CITY OF ROUND ROCK tract, In all a total arc length of 954.89 fast, said
curve having a radius of 267.00 feet, a central angle of 33°94'21" and having a
chord which bears N 54"46'22" E for a distance of 952.73 feet to a 112" Iron rod
set with cap marked "Diamond Surveying", monumenting the and of this curve;
4. N 71°2313311 E for a distance of 82.49 feet to a 112" Iron rod set with cap marked
"Diamond Surveying", monumenting the northeast corner hereof,
5. S 19°25'281' E for a distance of 95.07 feet to an Iron rod found with aluminum
cap stamped "CORR", on the northeast oomar of sold 0.2313 -acre CITY OF
ROUND ROCK tract, same being on the northwest corner of said' 0.189 -acre
CITY OF ROUND ROCK tract, monumenting a point In the easterly boundary line
hereof;
THENCE S 10°25128" E with the easterly boundary line -of said 0.236 -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 contalning 0.676 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 distances. Combined Surface Adjustment Factor used for this
survey Is 0.99988784.
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EXHIBIT
Legal DescAption of Parcel D
METES AND BOUNDS DESCRIPTION
FOR A 0.781 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,
ABSTRACT NO. Zee, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE
CALLED 2.1356 ACRE TRACT OF LAND (TRACT 1), A PORTION OF THE CALLED
0.8791 ACRE TRACT OF LAND (TRACT II) 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 "CORR" on the
northeast corner of said 0.236 -acre CITY OF ROUND ROCK tract, from which an Iron
rod found with aluminum cap stamped "CORK" on the southeast comer of said 0.236 -
acre CITY OF ROUND ROCK tract, same being on a point In the curving northerly right-
of-way
ightof-way line of the UNION PACIFIC RAILROAD, bears 5 19025'28" E for a distance of
92.11 feet;
THENCE S70°42'59" 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 sold 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 "CORR7 an 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 feat to a 10 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 2.1355 acre CITY
OF ROUND ROCK tract, the following 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", an the beginning of a curve to the right;
2. With said curve to the right an are distance of 76.14 feet, said curve having a
radius of 957.00 feet, a central angle of 23019148" and having a chord which
bears S 49°49106" W for 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
left;
3. With said curve to the left an arc distance of 175.83 feet, sold curve having a
radius of 2762.50 feet, a central angle of 03038148" and having a chord which
bears S 59039136" W for a distance of 175.80 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", for the southwest corner hereof;
4. N 32044139" 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;
5. With said curve to the right an arc distance of 16.75 feet, said curve having a
radlus of 72.00 feet, a central angle of 13019'34" and having a chord which
bears N 26°04'52" W for a distance of 16.71 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", on the and of this curve;
6. N '19°25'611" W for a distance of 36.23 feet to a 112" Iron rod set with cap marked
"Dlamond Surveying", on said south 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 south right-of-way line of E. BAGDAD AVENUE, through the
Interior of said I- BAGDAD AVENUE, the following three (3) courses and distances:
1. N 19025101" 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 70°34'59" E for a distance of 248.39 feet to a 112" Iron rod set wlth cap
marked "Diamond Surveying", for an angle point hereof;
3. N 38010116" 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 70042159" 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
sold 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 51049144" E for a distance of 40.64 feet to a 112" Iron rod set with cap marked
"Dlamond Surveying", on the beginning of a curve to the left;
7-
2. With sold curve to the left an arc distance of 34.16 feet, sold curve having a
rodlus of 332.00 feet, a central angle of 05°5343" and having a chord which
bears S 41908104" W for a distance of 34.14 feet to a 412" Iron rod set with cap
marked "Diamond Surveying", on the end of this curve;
3. S 38109112" 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 mates 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 0.99888784.
S. MAYS Sr.
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EXHIBIT
„ B-31,
Lem-13koula iQn of Parcel
METES AND BOUNDS DESCRIPTION
FOR A 1.258 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,
ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE
CALLED 2.1366 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 (60'
RIGHT-OF-WAY WIDTH) PER CABINET A, SLIDE 19D, PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 9.266 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at an Iron rod found on the southwest comer of said 2.1355 acre CITY
OF ROUND ROCK tract, same being on a point in the easterly right of way line of S.
MAYS STREET (80' dghtof 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 sold 2.1365 acre CITY OF ROUND ROCK tract and an angle
point In said northerly right-of-way line of the UNION PACIFIC RAILROAD bears N
51042'34" E for a distance of 203.26 feet; THENCE N 19021'16" W with said easterly
right-of-wayline of S. MAYS STREET and the west boundary line of said 2.1355 acre
CITY OF OUND ROCK tract for a distance of 58.80 feet to a 'I/2" 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 said 2.9355 acre CITY OF ROUND ROCK tract,
and in part over and across said E. BAGDAD AVENUE, passing at a distance of 142.30
feet a concrete monument found monumenting the southwest comer of said 0.065 acre
UNION PACIFIC RAILROAD tract, same being on the most westerly northwest corner
of said 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 tight of way lids of E. BAGDAD AVENUE, same being the
northwest corner of said 0.066 -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 corner hereof;
THENCE over and across said E. BAGDAD AVENUE, the following two (2) courses and
distances:
1. N 7003419" E for a distance of 286.85 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", monumenting the northeast corner hereof;
2. S 19025101" E for a distance of 26.20 feet to a 112" iron rod set with cap marked
"Diamond Surveying", on said southerly right-of-way line of E. BAGDAD
AVENUE, some 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 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 19"25'01" 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°19138" and having a chord whlch
bears S 26°04143" 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 32044139" E fear 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
"X" out found In concrete on the southeast corner of said 2.1.365 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 bouridary line of+a called
0.8791 acre tract -of land (TRACT II) described In said Document No.
2013081106, bears N 73048'40" E for a distance of 209.02 feet;
4. With a curve to the left an arc distance of 92.99 feet, sold curve having a radius
of 2762.50 feet, a central angle of 01055143" and having a chord which bears S
65042139" 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 are distance of 53.15 feet, said curve having a
radius of 849.00 feet, a central angle of 06°3248" and having a chord which
bears S 61158124" 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. S 49012100" W for a distance of 164.99 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", monumenting the beginning of a curve to the right;
el
7. With said curve to the right an aro distance of 8.37 feet, sold curve having a
radius of 167.00 feet, a central angle of 02052116" and having a chord which
bears S 60038108" W for a distance of 8.37 feet to the POINT OF BEGINNING
hereof and containing 1.256 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 for this
survey is 0.89988784.
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EXHIBIT C
FORM OF DECLARATION OF RESTRICTIONS
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Round Rock, Texas
f 1
f �
,Space Above for Recorder's Use Only
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS (this "Declaration's is made this day
of 20__, by the CITY OF ROUND ROCK, TEXAS, a Texas home rule
municipal corporation (")eclarant"}.
lff�@ .VK
A. Declarant is the owner of certain real property in the City of Round Rock,
Williamson County, Texas, described in Exhibits A -I., 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
4839-3323-1616.2
Property. The Fencing must be of a design and type satisfactory to UPRR, and in
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. 139046)
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.
a819-3523-1612
2. UPRR is entitled to prosecute a proceeding at law or in equity against any person
or persons who violate the Restrictions, to e4oin or prevent them from doing so, to cause any
violation to be remedied and/or to recover damages for any violation.
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 tight 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 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 -35U -1616a .
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
By:
Name:
Title:
STATE OF TEXAS }
}
COUNTY OF WILLIAMSON }
This instrument was acknowledged before me on the day of 20^,
by -J the of the City of Round
Rock, Texas, a home rule municipal corporation, on behalf of said municipal corporation.
Notary Public, State of Texas
(Seal)
.9839-3523-1616.2 . .. - . .. . , . . . .... .
EEXHIBIT
Legal Desert tion of Parcel 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
comer of said 0.238 -acre CITY OF ROUND ROCK tract, same being on the southwest
corner of a called 0.169 -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,
monumenfing the southeast corner 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-ofrway line of the UNION PACIFIC
RAILROAD with a curve to the left, an aro length of 110:211 feet, said curve having a
radius of 3062.12 feet, a central angle of 02003144" and having a chord which bears S
691108120" W for a distance of 110.20 feet to an iron rod found with aluminum cap
stamped "CORR", on the southwest corner 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 arc length of 293.09 feet, said curve having a radius of 2700.06
feet, a central angle of 06°13110" and having a chord which bears S 65008107" 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 sold 0.8791 -acre CITY OF ROUND ROCK tract, bears S 61°23'59"
W for a distance of 59.00 feet;
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 sold E.
BAGDAD AVENUE, the following five (6) courses and distances:
1. With a curve to the left an are length of 72.22 feet, said curve having a radius of
252.00 feet, a central angle of 16028'18", and having a chord which bears N
48°21149" E for a distance of 71.98 That to a 112" Iron rod set with cap marked
"Diamond Surveying", monumenting the and of this curve;
2. N 36009112" 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 said 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 are length of 154.80 feet, said
curve having a radius of 267.00 feet, a central angle of 33°1411" and having a
chord which bears N 54046122" E for a distance of 152.73 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 82.4$ feet to a 112" Iron rod set with cap marked
"Diamond Surveying", monumenting the northeast corner hereof,
6. S 19°25'28" E for a distance of 15.07 feet to an Iron rod found with aluminum
cap stamped "CORK", on the northeast corner of said 0.236 -acre CITY OF
ROUND ROCK tract, same being on the northwest comer of Bald' 0.189 -acre
CITY OF ROUND ROCK tract, monumenting a point In the easterly boundary line
hereof,
THENCE S 19°25'28" E with the easterly boundary line of sald 0.236 -acre CITY OF
ROUND ROCK tract and the westerly boundary line of said 0.189 -acre CITY OF
ROUND ROCK tract, for a distance 92.11 feet to the POiNT OF BEGINNING hereof
and containing 0.676 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 distances. Combined Surface Adjustment Factor used for this
survey Is 0.99988784.
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EXHIBIT
Le al Descri Non of Parcel B
METES AND BOUNDS DESCRIPTION
FOR A 0.781 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,
ABSTRACT NO. 296, 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 "CORR" on the
northeast corner of said 0.236 -acre CITY OF ROUND ROCK tract, from which 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 a point In the curving northerly right-
of-way line of the UNION PACIFIC RAILROAD, bears S 19026'28" E for a distance of
92.11 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 sold 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 "CORR" on the
northwest comer of said 0.236 acre CITY OF ROUND ROCK tract, same being on the
northeast comer of sold 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 0.6791 acre CITY OF ROUND ROCK tract and sold 2.1355 acre CITY
OF ROUND ROCK tract, the following six (6) courses and distances:
1. S 3809'12" 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 are distance of 78.14 feet, said curve having a
radius o€167.00 feet, a central angle of 23019'48" and having a chord which
bears S 49°49106" W for 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
left;
3. With sold curve to the left an arc distance of 175.83 feet, said curve having a
radius of 2762.60 feet, a central angle of 03038148" and having a chord which
bears S 69°39136" W for a distance of 975.80 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", for the southwest comer hereof;
4. N 32044139" 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;
5. 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 13°19'34" and having a chord which
bears N 28104'52" W for a distance of 16.71 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", on the and of this curve;
6. N 19025101" W for a distance of 36.23 feet 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 2.1355 -acre CITY
OF ROUND ROCK tract;
THENCE departing said 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 19025101" W for a distance of 26.33 feet to a 112" iron rod set with cap marked
"Diamond Surveying", for the northwest corner hereof;
2. N 701134'59" E for a distance of 248.39 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", for an angle point hereof;
3. N 38°10116" E for a distance of 98.69 fest 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 70042'59" 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 sold E. BAGDAD AVENUE, the following three (3)
courses and distances:
1. S 51°49144" 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 sold curve to the left an arc distance of 34.18 feet, said curve having a
radius of 332.00 feet, a central angle of 05053'43" and having a chord which
bears S 41°08'04" W for a distance of 34.14 feat to a 112" Iron rod set with cap
marked "Diamond Surveying", on the end of this curve;
3. S 38008112" 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 distances. Combined Surface Adjustment Factor used for this
survey Is 0.99988784.
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EXHIBIT
Legal DescrtuHen of Parcel C
METES AND BOUNDS DESCRIPTION
FOR A 1.256 ACRE TRACT OF LAND SITUATED 1N 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
80-
RIGHT-OF WAY WIDTH) PER CABINET A, SLIDE 190, PIAT 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, same being on a point In the easterly right -of way line of S.
MAYS STREET (80' right-of-way width), same being an 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
61"42'34" 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 58.60 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", monumenting the southwest corner and POINT OF
BEGINNING hereot,
THENCE N 19"x7'15" W continuing with said easterly right-of-way line of S. MAYS
STREET, the west boundary line of said 2.1355 more CITY OF ROUND ROCK tract,
and In part over and across said E. BAGDAD AVENUE, passing at a distance of 142.30
feet a concrete monument found monumenting the southwest comer of sold 0.065 acre
UNION PACIFIC RAILROAD tract, some 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 line of E. BAGDAD AVENUE, same being the
northwest comer of said 0.066 -acre UNION PACIFIC RAILROAD tract, In all a total
distance of 242.98 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:
1. N 70°34169" E for a distance of 286.85 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", monumenting the northeast corner hereof;
2. S 19°25'01" E for a distance of 26.20 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 2.1305
acre CITY OF ROUND ROCK tract;
THENCE departing said southerly right-of-way tine 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 19625101" E for a distance of 36.36 feet to a 112" Iran rod set with cap marked
"Diamond Surveying", monumenting the beginning of a curve to the left;
2. With said curve to the left an are distance of 29.77 feet, sold 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 sat with cap
marked "Diamond Surveying", monumenting the and of this curve;
3. S 32044'39" E for a distance of 48.37 feet to a 1!2" Iron rod set with cap marked
"Diamond Surveying", monumenting the southeast corner hereof, from which a
"X" 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 ofa called
0.8791 acre tract of land (TRACT Il) 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, sold curve having a radius
of 2762.50 feet, a central angle of 01035143" and having a chord which bears S
53042139" 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 549.00 feet, a central angle of 05°32148" and having a chord which
bears S 61 068124" W for a distance of 53.13 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", monumenting the and of thls curve,-.
6. S 49012100" W for a distance of 164.99 feet to a 112" Iron rod set with cap
marked 'Diamond Surveying", monumenting the beginning of a curve to the right;
2
7. With said curve to the right an arc distance of 8.37 feet, sold curve having a
radius of 967.00 feet, a central angle of 02°52'98" and having a chord which
bears S 50038108" W for a distance of 8.37 feet to the POINT OF BEGINNING
hereof and containing 1.268 acres of land more or less.
A drawing has been prepared to accompany this metes and bounds description.
BEARING BASIS: NAI? -83, TEXAS CENTRAS. (4203), STATE PLANE SYSTEM. All
distances are surface distances. Combined Surface Adjustment Factor used for this
survey Is 0.99988784.
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EXHIBIT D
FORM RELEASE AND QUITCLAIM DEED
AFTER RECORDING RETURN TO:
City of Round Rock, Texas
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Space Above for Recorder's Use Only
RELEASE AND QUITCLAIM DEED
1390-4b
THIS RELEASE AND QUITCLAIM, is made this day of
20 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation,
Grantor, and CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation,
Grantee, WITNESSETH:
�.�w
By Special Warranty Deed dated March 24, 2014 and filed for record under
Clerk's File Number 2014022530 in the Official Public Records of Williamson County, Texas,
Grantor conveyed to Grantee certain real estate situated in the County of Williamson, State of
Texas, more particularly described in Exhibit "A" attached hereto and hereby made a part
hereof (the "Property").
Said Special Warranty Deed was made subject to the following covenants,
conditions and restrictions:
Restriction On Use. The ground floor of any structure on the Property
must not be used for (i) residential, (ii) lodgings or accommodations (including,
without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing
homes, or retirement centers), or (iii) educational or child-care facilities
(including, without limitation, schools, kindergartens or day-care centers).
Notwithstanding the above, the Property may be used for institutions of higher
learning except that any dormitories that may be constructed for such institution
must abide by the ground floor restrictions set out above.
. 483"M-16162 . ,
The covenants, conditions and restrictions identified above are hereinafter
collectively known as the "Restriction on Use Covenant''.
Grantee now desires to be relieved of the Restriction on Use Covenant on the
Property. Grantor is willing to relinquish, with respect to the Property, all of its right to have
said Restriction on Use Covenant be kepi, observed and performed.
RE, LEASE AND QUITCLAIM
NOW, THEREFORE, Grantor, in consideration of the sum of One Dollar ($1.00)
to it paid by Grantee, receipt of which is hereby confessed and acknowledged, for itself, its
successors and assigns, hereby releases and quitclaims to Grantee, its successors and assigns,
forever, the right of Grantor to have said Restriction on Use Covenant hereinabove quoted kept,
observed or performed, it being the intent hereof to release only the right of Grantor with respect
to said Restriction on Use Covenant, and to Ieave in full force and effect all other provisions of
said Deed Without Warranty dated March 24, 2014, and all other rights reserved therein.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its
duly authorized officers the day and year fust herein written.
UNION PACIFIC RAYLROAD COMPANY,
Attest: a Delaware corporation
Assistant Secretary
(Seal)
4M -3M- 16s2 .
Br.
Title:
STATE OF NEBRASKA )
ss,
COUNTY OF DOUGLAS )
On _ , before me, _ _ 'a
Notary Public in and for said County and State, personally appeared
and
and Assistant Secretary, respectively, of UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the
within instrument and anknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
EX IT A
LEGAL DESCRIPTION OF 2014 SALE PROPERTY
0.236 AC.
U.P.R.R. Remainder Treat
EXHIBIT -A,
PROPERTY DESCRIPTION
Page 1 of 3
DESCRIPTION OF A 0.236 ACRE (110,200 SQUARE FOOT), TRACT OF LAND SITU el) IN THE WILEY
HARRIS N OF THE
REMAINDER OF THAT CALLEDABSTRACT NO. 67.80 ACRE TRACT IN SON CONV CONVEYED TO HE.FORMERINNTERN INTERNATIONAL &
GREAT NORTHERN RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY (U.P.R.R.)) IN
VOLUME 22, PAGE 4.41 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.236 ACRE
(10,266 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at the calculated norl1wmalerly corner of a called 2.1368 acne treat of land conveyed to the City
of Round Rock, Texas in Document No. 2013011-1406 (Treat I) of the Official Public Records of Williamson
County, Texas, some being an angle point for the cutback between the southerly r19111 -of -way or Bagdad Avenue
(80' right -of -Way width) and the saelsrly right-of-way oitylays Street (rlght-of-way width varies), and from which a
112" Iran rod €bund bears 8 21028'07" E at a distance of 2.71 reel;
THENCE, with the sculllerly rlghl-of-way One of sold Bagdad Avenue, along the northerly boundary line of said
Tract 1, and Ilio northerly boundary Ina of that called 0,8787 acre Iract of land (Tract II) conveyed to said City of
Round Rock, Texas In lite above sold Document, N 70°42'59" E, for a dla(ance of 786,17 feet to a 112° Iron rad
wilh aluminum cap stamped "CORK" set for the norltmelorly comer and pOINT OF BEGINNING of the herein
described Imal, same being the northeasterly comer of said Tract It;
1) 'THENCE, continuing with thesoutherly r ht-ot-way line of said Bagdad Avenue, same being Ilia
northerly boundary line of bald remainder of 67.36 acre tract owned by said U.P.R.R.,
N 700421611" E for a distance of 11D.1tf feet to a 112" Iran rod Willi aluminum cap stamped "CORK" aat
for the northeasterly corner of the herein described Imal;
2) THENCE, departing Ilia soulhady rlght-of-way line of said Bagdad Avenue, through said remainder of
57.30 sore [fact, 8119°2618" t; for a distance of 92.04 feel to a 112" Iron rod with aluminum cap
stamped *CORK" set for the southeasterly corner of Ilia herein described tract, some being radially 25
feel northerly from the centerline of the U.P.R.R. alding track, sold siding track being concentric with
and northerly of the U,P.R.R. main line track, and from which the calculated northwesterly corner of
Rake Creek Subdivision, a subdlvlslon of record In Cabinet B, Slides 283.284 of the Plat Records or
Williamson County, Texas beers 810'2G28" E at a distance of 82,08 feel, also from which a 112° Iron
rod with plastic cap stamped "Baker-Alakten" found for an all corner In the southerly boundary line of
said remainder of 67.36 acre treat In the westerly boundary line or said Lake Creek Subdivision, also
being an ell corner In the northerly boundary line of Lake Creek Addition Including Replal of Lot 4, Lake
Creak Subdivlsion, a subdivision of record In Cabinet X, Slides 358400 of the Plat Records or
Williamson County, Texas, bears 51062629" E at a distence of 291.83 feel;
. 4834.-15A-141¢.2 -- . _ - _ _ .
0.238 AC.
U.P.R.R. Remainder Tract
Page 2 of 3
3) THENCE, along a curve to the left, paralfel with and 26 feet northerly from said aiding track, having a
delta angle of 0200314211, a radius of 3062,12 feet, an aro length of 110.16 feet, and a chord witch
bears 9 69009152" W for a dlatance of 110.18 feat to a 112' Iron rod with aluminum cap stamped
"CORK' set for the southwesterly corner of the herein described track, same being the southeasterly
comer of sold 0.8791 ears lraol, and from which a 11r Iron rod found for the southwesterly corner of
said 2.1356 acts Iraot, some being to the easterly right•okmy of Mays Street bears S 581147'30" W at a
distance of 878,86 feet;
4) THENCE, with the easterly boundary line of said 0.8791 acre Incl, N 19°26'56" W for a distance of
96.02 feet to the POINT OF BEGINNING, conlatning 0.236 acres (10,208 square feel) of land, more or
less;
All bearings cited herein are basad on Iia Texas Slate Plane Coordinate System, Central zone No. 4208, NAD
83.
This properly desorlpllon is accompanied by Q separate exhibit.
That 1, Lawrence M. Russo, a Registered Professional land Surveyor, do hereby certify that the above
description Is true and correot and that the properly described herein was determined by a survey made partially
on -the ground and partially from record Informallon under mydirect supervision.
INtT SS MY HAND AN BEA ound Rook, Williamson County, Taxes.
L wrence M. Russo I Elate
—Fteglatered professional land Surveyor No. 5060
Inland Geodelios, L.L.C.
Firm Registration No. 100691-00
1604 Chisholm Trall Road, Suite 403
Round Rock, TX 78661
512-238-1200
6
REGDROER$MEMOWDUI
A!",-6dIEPbq r bkpubowNPA
483-3573-1¢15,2. ... ..... . .. ...... _ .. _ _
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 day
of '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, Iobbying 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 Reshictions 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 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]
4U9-3323-16161
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, TI';XAS, a Texas
home rale municipal corporation
By:
Name:
Title:
STATE OF TEXAS )
}
COUNTY OF WILLIAMSON }
This instrument was acknowledged before me on the day of , 2019,
by , the of the City of Round
Rock, Texas, a home rule municipal corporation, on behalf of said municipal corporation,
Notary Public, State of Texas
(Seal)
4839-3523-1616.2
EXHIBIT
LemWEDesalytion of Parcel A
METES AND BOUNDS DESCRIPTION
FOR A 0.676 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,
ABSTRACT NO. 288, 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 1N 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 180, 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 "CORK" on the southeast
corner of said 0.236 -acre CITY OF ROUND ROCK tract, same being on the southwest
comer of a called 0.169 -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,
monumenfing the southeast corner 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 410129 feet, sold curve having a
radius of 3062.1.2 feet, a central angle of OrI13'44" 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 corner of sold 0.238 -acre CITY OF ROUND ROCK
tract, same being on the southeast comer of sold 0.8791 -acre CITY OF ROUND ROCK
tract, monumenting the and 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 arc length of 293.09 feet, said curve having a radius of 2700.08
feet, a central angle of 06013140" and having a chord which bears S 65°08'07"1 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 61°23'59"
W for a distance of 69.00 feet;
THENCE departing said northerly right-of-way line of the UNION PACIFIC RAILROAD,
through the Interior of sold 0.8781 -acre CITY OF ROUND ROCK tract and said E.
BAGDAD AVENUE, the following five (5) courses and distances:
1. With a curve to the left an arc length of 72.22 feet, sold curve having a radius of
252.00 feet, a central angle of 1602!5'15", and having a chord which bears N
46°21149" 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 36009112" 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 said curve to the right passing at an arc length of 46.94 feet a 112" Iron rod
set with cap marked "Diamond Surveying", monumenting said southerly right cf-
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 are length of 154.89 feet, said
curve having a radius of 267.00 feet, a central angle of 33014'21" and having a
chord which bears N 34°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 02313311 E for a distance of 82AO That to a 1/2" Iron rod set with cap marked
"Diamond Surveying", monumenting the northeast corner hereof,
5. S 19025728" E for a distance of 15.07 feet to an Iron rod found with aluminum
cap stamped "CORR", on the northeast corner of said 0.236 -acre CITY OF
ROUND ROCK tract, same being on the northwest corner of sald' 0.169 -acre
CITY OF ROUND ROCK tract, monumenting 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 line of said 0.168 -acre CITY OF
ROUND ROCK tract, for a distance 92.11 feet to the POINT OF BEGINNING hereof
and containing 0.676 acre of land more or less.
A drawing has been prepared to accompany this tnetes 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 0.98888784.
2
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EXHIBIT
r�
Lemg Desedlitten of Pared B
METES AND BOUNDS DESCRIPTION
FOR A 0.781 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,
ABSTRACT NO. 298, IMLLIAMSON 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 corner of said 0.238 -acre CITY OF ROUND ROCK tract, from whlch an Iron
rod found with aluminum cap stamped "CORK" on the southeast comer of said 0.236 -
acre CITY OF ROUND ROCK tract, some being on a point In the curving northerly right-
of-way
ight-
of way line of the UNION PACIFIC RAILROAD, bears S 19°25'28" E for a distance of
92.11 feet,
THENCE S70042'59" 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 rad found with aluminum cap stamped "CORK" on the
northwest corner of sold 0.236 acre CITY OF ROUND ROCK tract, same being on the
northeast corner of said 0,8791 acre CITY OF ROUND ROCK tract, In all a total
distance of 309.67 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 sold 0.8791 acre CITY OF ROUND ROCK tract and sold 2.1355 acre CITY
OF ROUND ROCK tract, the following 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 sold curve to the right an aro distance of 76.14 fleet, said curve having a
radius of 187.00 feet, a central angle of 23099148" and having a chord which
bears S 49649'06" W for a distance of 75.62 feet to a 1120 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 are distance of 175.83 feet, said curve having a
radius of 2762.60 feet, a central angle of 0303648" and having a chord which
beers S 69°39136" W for a distance of 175.80 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", for the southwest comer hereat;
4. N 32044139" 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
5. With said curve to the right an aro distance of 18.75 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 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", on the and of this curve;
S. N 1915101" W for a distance of 38.23 feet to a 112" Iron rod set with cap marked
"Dlemond Surveying", on said south right-of-way line of E. BAGDAD AVENUE,
some being on a point in the northerly boundary line of said 2.1365 -acre CITY
OF ROUND ROCK tract;
THENCE departing said south right-of-way line of E. BAGDAD AVENUE, through the
Interior of said E. BAGDAD AVENUE, the following three (3) courses and distances:
1. N 19625101" 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 70634159" E for a distance of 248.39 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", for an angle point hereof,
3. N 38010116" 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 70042159" E, In part with the south terminus line of said S. SHEPPARD
STREET and in part with the south boundary line of Lot 10, Black 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 comer hereof;
THENCE through the interior of said E. BAGDAD AVENUE, the following three (3)
courses and distances:
1. S 5'I649144" 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 05063143" and having a chord which
bears 8 41°06'04" W for a distance of 34.14 feet to a 112" Iran rod set with cap
marked "Diamond Surveying", on the end 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 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 for this
survey Is 0.99988784.
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EXHIBIT
begat Desyigiton of Parcel C
METES AND BOUNDS DESCRIPTION
FOR A 1.258 ACRE TRACT OF LAND SITUATED 1N 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 57.38 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 2.1365 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), 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
61"42139 E for a distance of 203.26 feet, THENCE N 19021'15" W with sold 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°21'15" W continuing with said easterly right -of way line of S. MAYS
STREET, the west boundary line of sold 2.13555 acre CITY OF ROUND ROCK tract,
and In part over and across said E. BAGDAD AVENUE, passing at a distance of 142.30
feet a concrete monument found monumenting the southwest comer of said 0.065 acre
UNION PACIFIC RAILROAD tract, some being on the most westerly northwest corner
of said 2.1355 acre CITY OF ROUND ROCK tract, passing at a distance of 217.43 feet
a calculated point for the Intersection of sold easterly right-of-way line. of S. MAYS
STREET and the southerly right-of-way line 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:
1. N 7003410" E for a distance of 288.85 feet to a 112" Iron rod set with cap
marked "Diamond Surveying", monumenting the northeast comer 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 sald southerly 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 said southerly right-of+way line of E. BAGDAD AVENUE, through
the Interior of sold 2.1355 sore CITY OF ROUND ROCK tract, the following seven (7)
courses and distances:
1. S 19025101" 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 1301938" and having a chord which
bears 8 26°04'43" E for a distance of 29.71 feet to a 112" Iran rod set with cap
marked "Diamond Surveying", monumenting the and of this curve;
3. S 321144139" 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
"X" 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 73048140" E for a distance of 209.02 feet;
4. With a curve to the left an am distance of 92.99 feet, said curve having a radius
of 2782.50 feet, a central angle of 01055143" and having a chord which bears S
56042139" W for a distance of 922.98 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
radlus of 549.00 feet, a central angle of 0303248" and having a chord which
bears S 51058124" 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;.
B. S 49012100" W for a distance of 164.99 feat 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 are distance of 8.37 fest, said curve having a
radius of 167.00 feet, a central angle of 02052'48" and having a chord which
bears S 60038'08" W for a distance of 8.37 feet to the POINT OF BEGINNING
hereof and containing 1.266 notes 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 for this
survey Is 0.99888784.
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