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CM-2019-0154 - 5/24/2019REAL ESTATE CONTRACT Lake Creek Trail THIS REAL ESTATE CONTRACT ("Contract") is made by and between ROUND ROCK BUSINESS PARK, L.P., (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, a trail easement interest in and to the tract of land described as follows: All of that certain 1.843 -acre (80,300 square foot) tract of Iand situated in the Jacob M. Harrell Survey, Abstract No. 284, in the City of Round Rock, Williamson County, Texas; being a portion of the remainder of Lot 1, Round Rock West Section Three (Revised), a subdivision of record in Cabinet C, Slides 173- 174 of the Plat Records of Williamson County, Texas, described in Special Warranty Deed to Round Rock Business Park, L.P. (being the remainder of 23.7428 acres comprising Lot 1 and Lot 6 of said Round Rock West Section Three (Revised)) recorded in Document No. 9613649 of the Official Public Records of Williamson County, Texas; said 1.843 -acre tract being more fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 2); together with all and singular the rights and appurtenances pertaining to said Parcel 2, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), and any improvements and fixtures situated on and attached to the Property described in Exhibit "A" not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the Property described in Exhibit "A", compensation for any improvements on the Property, and for any damage or cost of cure for the reconfiguration of the remaining property of Seller shall be the sum of SIX THOUSAND FOUR HUNDRED TWENTY-FOUR and 001100 Dollars ($6,424.00). -2-a)q, dish 4222.3 THC �r P4yment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's _Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof, 4.02. The Property herein is being conveyed to Purchaser under threat of condemnation. 7 ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Independence Title Company on or before May 15, 2019, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the contract (which date is herein referred to as the "Closing Date"). Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Easement conveying good and indefeasible title to all of the Property described in Exhibit "A", free and clear of any and all liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) The Easement shall be in a form substantially similar to that shown in Exhibit `B" attached hereto. (3) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". (4) Deliver to Purchaser possession of the Property. 3 Purchaser's Obligations at Closin 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the Iatest assessed valuation. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Easement, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the 4 Escrow Deposit, if any, from the title company, the sum being agreed on as Iiquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Le al Construction 8.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. a Time of Essence 8.06. Time is of the essence in this Contract. Gender 8.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. No Survival 8,08. This Contract shall not survive the Closing and recording of the executed Trail Easement. Comliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 8.10 This Contract shall be effective as of the date it is approved by all Parties as indicated by the latest date of signature below. pags 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. [signature pages follow] 6 SELLER: ROUND ROCK BUSINESS PARK, L.P. By: ARPROP, Wt,A Texas grporation, its general partner Allan L7 Reagan, Seller's Address: �e- 7 734:57 PURCHASER: CITY OF ROUND ROCK, TEXAS 7of, By: LIM Printed Name: �I� •rth Title: �• Date: 2 Address: 221 East Main St. Round Rock, Texas 78664 EXHIBIT "A" County: Williamson City: Round Rock Parcel : 2 Project: Lake Creek Trail EXHIBIT A DESCRIPTION FOR PARCEL 2 03-30-2018 Page 1 of 6 DESCRIPTION OF A 1.843 ACRE (80,300 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF LOT 1, ROUND ROCIC WEST SECTION THREE (REVISED), A SUBDIVISION OF RECORD IN CABINET C, SLIDES 173-174 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN SPECIAL WARRANTY DEED TO ROUND ROCK BUSINESS PARK, L.P. (BEING THE REMAINDER OF 23.7428 ACRES COMPRISING LOT 1 AND LOT 6 OF SAID ROUND ROCK WEST SECTION THREE (REVISED)) RECORDED IN DOCUMENT NO. 9613649 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.843 ACRE (80,300 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found in the easterly right-of-way (ROW) line of Round Rock West Drive (70' ROW width), being the southwesterly corner of said Lot 1 (remainder of 23.7428 acre tract), same being the westerly corner of Lot 1 (1.233 acres), Replat of Lake Creek Center Section One, a subdivision of record in Cabinet P, Slide 387-388 of the Plat Records of Williamson County, Texas, for the westerly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said ROW line and said Lot 1 (Replat of Lake Creek Center), through the interior of said Lot 1 (remainder of 23.7428 acre tract), N 27009103" E, for a distance of 145.51 feet to the calculated point In the northerly boundary line of said Lot 1 (remainder of 23.7428 acre tract), same being in the southerly boundary line of that called 1.52 acre tract of land (3rd Tract) described in Warranty Deed to the City Of Round Rock recorded in Volume 699, Page 486 of the Deed Records of Williamson County, Texas, for an angle point; THENCE, with said common boundary line, the fallowing six (6) courses: 2) N 43°27'10" E, for a distance of 158.35 feet to a calculated angle point; 3) N 53035110" E, for a distance of 243.70 feet to a calculated angle point; 4) N 61°40'10" E, for a distance of 298.71 feet to a calculated angle point; 5) N 68°38110" E, for a distance of 155.12 feet to a calculated angle point; 6) S 77°18150" E, for a distance of 51.58 feet to a calculated angle point; 7) N 70°01'10" E, for a distance of 120.08 feet to a calculated angle point, and from which a calculated angle point in said common boundary line bears N 70001'10" E, at a distance of 244.02 feet, THENCE, departing said common boundary line, through the interior of said Lot 1 (remainder of 23.7428 acre tract), the following six (6) courses: Page 2 of 6 8) Along a non -tangent curve to the right, having a delta angle of 02019'55", a radius of 293.54 feet, an arc length of 11.95 feet and a chord which bears S 89040'57" E, for a distance of 11.95 feet to a calculated point of tangency; 9) S 88°30159" E, for a distance of 27.22 feet to a calculated point of curvature of a curve to the left; 10) Along said curve to the left, having a della angle of 15°51'52", a radius of 100.00 feet, an arc length of 27.69 feet and a chord which bears N 83033105" E, for a distance of 27.60 feet to a calculated point of tangency; 11) N 75°37'09" E, for a distance of 170.77 feet to a calculated point of curvature of a curve to the right; 12) Along said curve to the right, having a delta angle of 12001'10", a radius of 380.46 feet, an arc length of 79.81 feet and a chord which bears N 81037145" E, for a distance of 79.67 feet to a calculated point of tangency; 13) N 87°38'20" E, for a distance of 176.96 feet to a calculated point in the westerly boundary line of Lot 1 (14.421 acres), Lake Creek Center Section Two (Revised), a subdivision of record in Cabinet M, Slides 169-170 of (lie Plat Records of Williamson County, Texas, for the northeasterly corner of the herein described tract; 14) THENCE, with the common boundary line of said Lot 1 (remainder of 23.7428 acre tract) and said Lot 1 (Lake Creek Center), S 24°11'53" E, for a distance of 53.55 feet to the calculated southeasterly corner of the herein described tract, and from which a 112" iron rod found, being in the westerly boundary line of said Lot 1 (Lake Creek Center), same being the southeasterly corner of said Lot 1 (remainder of 23.7428 acre tract), also being the northeasterly corner of Lot 1 (3.081 acres), Park West Corporate Center Section Two, a subdivision of record in Cabinet T, Slides 386-387 of the flat Records of Williamson County, Texas bears S 24011'53" E, at a distance of 100.32 feet; THENCE, departing said Lake Creek Center, through the interior of said Lot 1 (remainder of 23.7428 acre tract), the following thirteen (13) courses: 15) Along a curve to the right, having a della angle of 03035'39", a radius of 150.00 feet, an arc length of 9.41 feet and a chord which bears S 05050130" W, for a distance of 9.41 feet to a calculated point of langency; 16) S 87°38'20" W, for a distance of 187.47 feet to a calculated point of curvature of a curve to the left; 17) Along said curve to the left, having a della angle of 12001110", a radius of 330.46 feet, an arc length of 69.32 feet and a chord which bears S 81037145" W, for a distance of 69.20 feet to a calculated point of tangency; 18) S 75°37109" W, for a distance of 170.77 feet to a calculated point of curvature of a curve to the right; 19) Along said curve to the right, having a delta angle of 15051'52", a radius of 150.00 feet, an are length of 41.53 feet and a chord which bears S 83033105" W, for a distance of 41.40 feel to a calculated point of tangency; 20) N 88°30159" W, for a distance of 27.22 feel to a calculated point of curvature of a curve to the left; Page 3 of 6 21) Along said curve to the left, having a delta angle of 13°36'20", a radius of 243.54 feet, an arc length of 57.83 feel and a chord which bears S 84040151" W, for a distance of 57.70 feet to a calculated point of langency; 22) S 77°52'41" W, for a distance of 101.00 feet to a calculated angle point; 23) S 64°55'47" W, for a distance of 150.89 feet to a calculated angle point; 24) S 63°36'37" W, for a distance of 291.93 feel to a calculated angle point; 25) S 53°35'10" W, for a distance of 235.74 feet to a calculated angle point; 26) S 43°27'10" W, for a distance of 146.76 feet to a calculated angle point; 27) S 27°09'03" W, for a distance of 54.00 feet to a calculated point in said common boundary line of said Lot 1 (remainder of 23.7428 acre tract) and said Lot 1, Replat of Lake Creek Center Section One, for an angle point, and from which, an iron rod with plastic cap stamped "RPLS-3693" found, being an angle point in the common boundary line of said Lot 1 (remainder of 23.7428 acre tract) and Lot 4 of said Replat of Lake Creek Center Section One bears N 57°48'30" E, at a distance of 376.69 feet; 28) THENCE, with said common boundary line, S 57048'30" W, for a distance of 98.05 feet to the POINT OF BEGINNING, containing 1.843 acre (80,300 square feet) of land, more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No, 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Uf` L &ehce M. Russo ` 1 ta` I� f<'No' Date Registered Professional Land Surveyor`No. 5050Jr..�...•......... , Inland Geodetics, LLC { I•AMIEN01-m.litlSSfa I. 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J m Z LLJ 0 q— 0:5 �� va a Q zi=� film❑ �"� ¢ 00� Qo rv$ \� a Q_ O x Lu _j O r�i �_ �< Q-�~O ¢Cnl r OZUC�� � r -� rO UA 2❑0}rL o (L a: ❑ z❑ ln4z (COvi Jz=� nLun a8 U) n: awl— �w- Ln (A Q¢ Uqr r* ' (�0 3 L) ('-WZ �kU0�x Z rLi ui Lai U Ci ai - U w a r= o4 Q ¢ r( l(! g W O O 4 s n (,) In 111 0r n. 0 J a 1- o (i n �g Ln P.4 Uwe ' LaiujLO•laV)0 0� o U Ua�,,� c7 c�Lai -Q Z 6075 D IX �1(-J- �C) Lai ( w�zQ=U� c"I S F U) (z O L ir EXHIBIT "B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TRAIL EASEMENT THE STATE OF TEXAS § §. KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That ROUND ROCK BUSINESS PARK, LP; and its successors and assigns, ("Grantor" whether one or more), for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a home -rule municipality situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a public trail easement, for the benefit of the general public, in the form of recreational trails over and across the below -described property, for use by the public for the purpose of walking, running, hiking, bicycling, or traversing over, upon and across, and otherwise using such trails; together with the express right to construct such :recreational trails and associated facilities and maintain the easement area by clearing and removing vegetation; silt and debris therefrom, in, upon, over, under, above and across the below -described property: All of that certain J.843 -acre (80,300 square foot) tract of land situated in the Jacob A Harrell Surrey, Abstract No. 284, in the City of Round Rock, Williamson County, Texas; being a portion of the remainder of Lot 1, Round Rock west gection Three (Revised), a subdivision of record in Cabinet C, Slides 173-174 of the Flat Records of Williamson County, Texas, described in Special Warranty Deed to Round Rock Business Park, L.P. (being the remainder of 23.7428 acres comprising Lot 1 and Lot 6 of said Round Rock West Section Three (Revised)) recorded in Document No. 9613649 of the Official Public Records of Williamson County, Texas; said 1.843 -acre tract being more fully described in Exhibit "A", attached hereto and incorporated herein (the "Easement") The perpetual easement, rights-of-way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public recreational trail facilities, public trail materials and related appurtenances, equipment and signage. 422288 THC This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easements, rights and privileges herein granted shall be perpetual, provided however that said easements, rights, and privileges shall cease and revert to Grantor in the event the facilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easements, rights and privileges granted herein are exclusive, and Grantor covenants that they will not convey any future easement or conflicting rights within the premises covered by this grant, unless otherwise specified herein, Without the express written consent of Grantee, which consent shall not be unreasonably withheld, Grantee shall have the right to review any proposed easement or conflicting use of the easement to .determine the effect, if any, on the facilities contemplated herein. Prior to granting its ,consent. for other easements, Grantee may require reasonable safeguards to protect.theJntegrity ofithe facilities thereon. As required by this paragraph, express written consent of Grantee must be obtain.ed by Grantor by request sent by certified mail to the (I) City of Round Rock City Manager at X2'1 East Main Street, Round Rock, Texas 78664, and (2) City .Engineer at 2008; Enterprise Drive, Round Rock, Texas 78664. Grantor further grants to'Grantee: (a) the right to gide the Easement for the full width thereof and to extend the cuts and -fills for'such grading. into and -on .(he land along and outside the easement to such extent as Grantee may find reasonably necessary; (b) the right from. time to. time to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement and to trim and to cut down and clear away any trees on either side of the Easement which now or hereafter in the opinion of Grantee may be a hazard to any of the facilities, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with, the .exercise of Grantee's rights hereunder, provided, however, that all trees Which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be removed by Grantee; (c) the right to mark the location of the Easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement; 422288 THC Grantee hereby covenants and agrees to promptly backfill any trench made by it on the Easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement for any and all purposes which do not interfere with the use by Grantee of the easement. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easements; provided, however, before constructing any improvements, at l6a'st thirty (30) days written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the Easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easements. Grantee shall have the right and privilege at any and all times to enter said Easement, or any part thereof, for the purpose of constructing and maintaining said facilities, all upon the condition that Grantee will at all times after dging work in connection with the construction or repair of said facilities restore the surface of said Easement as nearly as is reasonably possible to the condition in which the same was in before the work was undertaken, considering the uses and purposes of the rights granted herein, Grantor hereby dedicates the Easement as a trail easement for the purposes stated herein. TO HAVE AND TO. )MOLD the rights and interests described unto Grantee and its successors and assigns, forever, 4nd Grantor does hereby itself; and its successors and assigns, and legal representatives, to warrant. and forever defend, all and singular, the above-described Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever Iawfulk, claiming, or to claim sam6, or any part thereof, when the claim is by, through, or under Granib�, but -not otherwise. IN WITNESS WHER 0F, Grantor has caused this instrument to be executed this day of , 2019. [signature pages follow] 422288 THC GRANTOR: ROUND ROCK BUSINESS PARK, L.P. By: ARPROP, INC., a Texas corporation, its general partner 2 Allan L. Reagan, President Grantor's Address: ACKNOWLEDGMENT THE STATE OF § COUNTY OF This instrument vvu acknowledged before me on this the day of the month of 2019, by ALLAN L. REAGAN, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and consideration therein expressed. Notary Public, State of After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 422288 THC County: Williamson City: Round Rock Parcel : 2 Project: Lake Creek Trail EXHIBIT A DESCRIPTION FOR PARCEL 2 03-30-2018 Page 1 of 6 DESCRIPTION OF A 1.843 ACRE (80,300 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF LOT 1, ROUND ROCK WEST SECTION THREE (REVISED), A SUBDIVISION OF RECORD IN CABINET C, SLIDES 173-174 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN SPECIAL WARRANTY DEED TO ROUND ROCK BUSINESS PARK, L.P. (BEING THE REMAINDER OF 23.7428 ACRES COMPRISING LOT 1 AND LOT 6 OF SAID ROUND ROCK WEST SECTION THREE (REVISED)) RECORDED IN DOCUMENT NO. 9613649 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.843 ACRE (80,300 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.- BEGINNING OLLOWS: BEGINNING at a 112 inch iron rod found in the easterly right-of-way (ROW) line of Round Rock West Drive (70' ROW width), being the southwesterly corner of said Lot 1 (remainder of 23.7428 acre tract), same being the westerly corner of Lot 1 (1.233 acres), Replat of Lake Creek Center Section One, a subdivision of record in Cabinet P, Slide 387-388 of the Plat Records of Williamson County, Texas, for the westerly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said ROW line and said Lot 1 (Replat of Lake Creek Center), through the interior of said Lot 1 (remainder of 23.7428 acre tract), N 27009'03" E, for a distance of 145.51 feet to the calculated point In the northerly boundary line of said Lot 1 (remainder of 23.7428 acre tract), same being in the southerly boundary line of that called 1.52 acre tract of land (31d Tract) described in Warranty Deed to the City Of Round Rock recorded in Volume 699, Page 486 of the Deed Records of Williamson County, Texas, for an angle point; THENCE, with said common boundary line, the following six (6) courses: 2) N 43027'10" E, for a distance of 158.35 feet to a calculated angle point; 3) N 63°35'10" I_, for a distance of 243.70 feet to a calculated angle point; 4) N 61°40'10" E, for a distance of 298.71 feel to a calculated angle point; 5) N 68°38'10" E, for a distance of 155.12 feet to a calculated angle point; 6) S 77018150" E, for a distance of 51.58 feet to a calculated angle point; 7) N 70°01110" E, for a distance of 120.08 feel to a calculated angle point, and from which a calculated angle point in said common boundary line bears N 70001'10" E, at a distance of 244.02 feet; THENCE, departing said common boundary line, through the interior of said Lot 1 (remainder of 23.7428 acre tract), the following six (6) courses: Page 2 of 6 8) Along a non -tangent curve to the right, having a delta angle of 02°19'55", a radius of 293.54 feet, an arc length of 11.95 feet and a chord which bears S B9040'57" E, for a distance of 11.95 feet to a calculated point of tangency; 9) S 88°30'59" E, for a distance of 27.22 feet to a calculated point of curvature of a curve to the left; 10) Along said curve to the left, having a delta angle of 15°51'52", a radius of 100.00 feet, an arc length of 27.69 feet and a chord which bears N 83°33'05" E, for a distance of 27.60 feet to a calculated point of tangency; 11) N 75°37'09" E, for a distance of 170.77 feet to a calculated point of curvature of a curve to the right; 12) Along said curve to the right, having a delta angle of 12001'10", a radius of 380.46 feet, an arc length of 79.81 feet and a chord which bears N 81037'45" E, for a distance of 79.67 feet to a calculated point of tangency; 13) N 87°38120" E, for a distance of 176.96 feet to a calculated point in the westerly boundary line of Lot 1 (14.421 acres), Lake Creek Center Section Two (Revised), a subdivision of record in Cabinet M, Slides 169-170 of the Plat Records of Williamson County, Texas, for the northeasterly corner of the herein described tract; 14) THENCE, with the common boundary line of said Lot 1 (remainder of 23.7428 acre tract) and said Lot 1 (Lake Creek Center), S 24°11'53" E, for a distance of 53.55 feet to the calculated southeasterly corner of the herein described tract, and from which a 112" iron rod found, being in the westerly boundary line of said Lot 1 (Lake Creek Center), same being the southeasterly corner of said Lot 1 (remainder of 23.7428 acre tract), also being the northeasterly corner of Lot 1 (3.081 acres), Park West Corporate Center Section Two, a subdivision of record in Cabinet T, Slides 386-387 of the Plat Records of Williamson County, Texas bears S 24011'53" E, at a distance of 100.32 feet; THENCE, departing said Lake Creek Center, through the interior of said Lot 1 (remainder of 23.7428 acre tract), the following thirteen (13) courses: 15) Along a curve to the righ( having a delta angle of 03035'39", a radius of 150.00 feet, an are length of 9.41 feet and a chord which bears S 85050'30" W, for a distance of 9.41 feet to a calculated point of tangency; 16) S 87°38'20" W, for a distance of 187.47 feet to a calculated point of curvature of a curve to the left; 17) Along said curve to the left, having a della angle of 12°01'10", a radius of 330.46 feet, an arc length of 69.32 feet and a chord which bears S 8103714511 W, for a distance of 69.20 feet to a calculated point of tangency; 18) S 75°37'09" W, for a distance of 170.77 feet to a calculated point of curvature of a curve to the right; 19) Along said curve to the right, having a delta angle of 15°51'52", a radius of 150.00 feet, an arc length of 41.53 feet and a chord which bears S 83033'05" W, for a distance of 41.40 feet to a calculated point of tangency; 20) N 88°30'59" W, for a distance of 27.22 feet to a calculated point of curvature of a curve to the left; Page 3 of 6 21) Along said curve to the left, having a delta angle of 13°36'20", a radius of 243.54 feel, an arc length of 57.83 feet and a chord which bears S 84°40'51" W, for a distance of 57.70 feet to a calculated point of tangency; 22) S 77°52'41" W, for a distance of 101.00 feet to a calculated angle point; 23) S 64°55'47" W, for a distance of 150.89 feet to a calculated angle point; 24) S 63°36'37" W, for a distance of 291.93 feet to a calculated angle point; 25) S 53°35'10" W, for a distance of 235.74 feet to a calculated angle point; 26) S 43°27'10" W, for a distance of 146.76 feet to a calculated angle point; 27) S 27°09'03" W, for a distance of 54.00 feet to a calculated point in said common boundary line of said Lot 1 (remainder of 23.7428 acre tract) and said Lot 1, Replat of take Creek Center Section One, for an angle point, and from which, an iron rod with plastic cap stamped "RPLS-3693" found, being an angle point in the common boundary line of said Lot 1 (remainder of 23.7428 acre tract) and Lot 4 of said Replat of Lake Creek Center Section One bears N 57048'30" E, at a distance of 376.69 feet; 28) THENCE, with said common boundary line, S 57048130" W, for a distance of 98.0" feet to the POINT OF BEGINNING, containing 1.843 acre (80,300 square feet) of land, more or less. This properly description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § COUNTY OF WILLIAMSON S KNOW ALL MEN BY THESE PRESENTS; That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. MY HAND AND SEAL at Round Rock, Williamson County, Texas, Uf. L wfehce M. 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(Parcel 2). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/24/2019 Dept Director: Rick Atkins/Katie Baker Cost: $6,424.00 Indexes: 2014 General Obligation Bonds Attachments: LAF-00424273.PDF, Contract-00423964.PDF, Exhibit-00401294.PDF Department: Parks and Recreation Department Text of Legislative File CM -2019-0954 The contract purchase price of $6,424 is equal to the City's appraised value for this easement acquisition. Cost. $6,424.00 Source of Funds: 2014 General Obligation Bonds Clry of Round Rock Page ? Printed on &24mi9