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R-2020-0001 - 1/9/2020 RESOLUTION NO. R-2020-0001 WHEREAS, the City of Round Rock ("City") and the State of Texas, acting by and through the Texas Department of Transportation ("State") have entered into an agreement setting out procedures and responsibilities for the acquisition of property to be used in the construction of proposed improvements to RM 620 in the City; and WHEREAS, the City used its eminent domain authority and initiated a condemnation suit for the acquisition of certain property from Round Rock 732 Building, LLC, et. al. ("Condemnee"), with such property to be used for improvements to RM 620; and WHEREAS, City, State, and Condemnee have now agreed to a negotiated settlement of the condemnation lawsuit in Cause No. 18-0795-CC2; and WHEREAS, City, State, and Condemnee wish to enter into an agreed Judgement for the acquisition fee title to 0.258 acres and a public utility easement interest in and to 0.067 acres, which are required for the construction of proposed improvements to RM 620,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Judgment in the condemnation lawsuit in Cause No. 18-0795-CC2, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 0112.1902;00436575 RESOLVED this 9th day of January, 2020. CRAIG MO GANayor City of Round Roc , Texas ATTEST: qmu--Zz�w SARA L. WHITE, City Clerk 2 EXHIBIT RM620—Parcel 22 CAUSE NO. 18-0795-CC2 CITY OF ROUND ROCK, TEXAS and § IN THE COUNTY COURT THE STATE OF TEXAS § Condemnor § V. § § AT LAW NO. TWO ROUND ROCK 732 BUILDING,LLC, § PRESERVATION ENTERPRISES, INC., and § WELLS FARGO BANK,NATIONAL § ASSOCIATION § Condemnee § WILLIAMSON COUNTY, TEXAS JUDGMENT The parties to this lawsuit have agreed to compromise and settle the issues in this lawsuit and request the entry of this Judgment by the Court. It appears to the Court that it has jurisdiction of this matter, and that the parties executing this document below have agreed to all of the provisions contained within this Judgment and desire to resolve this lawsuit. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that fee title in and to approximately 0.258 acre (Parcel 22) of land in Williamson County, Texas, said property being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes (the "R.O.W. Property"), and as further described in Plaintiffs Original Petition, filed among the papers of this cause on or about June 4, 2018, and any amendments thereto; excluding all the oil, gas, and sulphur which can be removed from beneath said real property, without any right whatever remaining to the owner of such oil, gas and sulphur, of ingress or egress from the surface of said real property for the purpose of exploring, developing, or mining of the same, and a writ of possession for such purposes, be vested in the STATE OF TEXAS, acting by and through the Texas Transportation Commission, 00436053.DOC and its assigns for the purpose of constructing, reconstructing, realigning, widening and/or maintaining improvements to RM 620, and to perfonn associated public use and purposes; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a public utility easement interest in and to approximately 0.067 acre (Parcel 22-PUE) of land in Williamson County, Texas, said property being more particularly described by metes and bounds in Exhibit "B" attached hereto and incorporated herein for all purposes (the "Easement Property"), and as further described in Plaintiff's Original Petition, filed among the papers of this cause on or about June 4, 2018, and any amendments thereto; excluding all the oil, gas, and sulphur which can be removed from beneath said real property, without any right whatever remaining to the owner of such oil, gas and sulphur, of ingress or egress from the surface of said real property for the purpose of exploring, developing, or mining of the same, and a writ of possession for such purposes, be vested in the CITY OF ROUND ROCK, TEXAS and its assigns for the purpose of constructing, reconstructing, realigning, widening and/or maintaining utility facilities and related appurtenances, and to perform associated public use and purposes. The specific public utility easement rights granted to and acquired by Condemnor herein in and to the Easement Property by this Judgment are more particularly described in the Public Utility Easement document attached hereto as Exhibit "C" and incorporated herein for all purposes. It is further ORDERED that in complete satisfaction of any and all claims which have been made or which could have been made in this litigation by and between the parties named herein, including both the property to be acquired and any damages to any remaining property, that Condemnees shall recover from Condemnor the sum of (1) ONE MILLION SIX HUNDRED FIFTY THOUSAND and 00/100 Dollars ($1,650,000.00) for acquisition of the 2 R.O.W. Property, and (2) SIXTY-SEVEN THOUSAND and 00/100 Dollars ($67,000.00) for acquisition of the Easement Property, and of which total amount: 1. SEVEN HUNDRED EIGHTY-FIVE THOUSAND SEVEN HUNDRED FIVE and 00/100 Dollars ($785,705.00) has previously been deposited in the registry of the Court by Condemnor and withdrawn by Condemnees, and for which sum Condemnor is hereby given full credit and for which no execution shall issue; and 2. NINE HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED NINETY-FIVE and 00/100 Dollars ($931,295.00) is now due and owing from Condemnor in satisfaction of this Judgment, and shall be deposited into the registry of the Court by Condemnor within thirty (30) days after entry of this Judgment. Post judgment interest on this sum shall accrue at the statutory rate if not paid within 30 days after entry of this Judgment. It is further ORDERED that Condemnee Preservation Enterprises, Inc. shall take nothing by this Agreed Judgment. It is further ORDERED that Condemnee Wells Fargo Bank, National Association, shall take nothing by this Agreed Judgment. It is further ORDERED that all costs of Court be assessed against the Condemnor. This Judgment is intended by the parties to fully and finally dispose of all claims, parties and issues in this lawsuit. [signature pages follow] 3 SIGNED this day of , 20 Judge Presiding PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM: Don Childs State Bar No. 00795056 Sheets & Crossfield,P.C. 309 East Main Street Round Rock, Texas 78664 512/255-8877 512/255-8986 (fax) dongscrrlaw.com Attorneys for Condemnor APPROVED AND AGREED: CITY OF ROUND ROCK, TEXAS By: Name: Its: 4 AGREED AS TO SUBSTANCE AND FORM: Dan Foster State Bar No. 24010031 Brady & Hamilton Womack McClish 1801 Lavaca, Suite 120 512.474.9875 dan@bhlawgroup.com Attorney for Condemnee Round Rock 732 Building, LLC 5 AGREED AS TO SUBSTANCE AND FORM: WELLS FARGO BANK,NATIONAL ASSOCIATION By: Name: Its: 6 Reissued: 12/04/15 Page 1 of 4 EXHIBIT A_ County: Williamson Highway: R. M.620 Limits: Deepwood Dr. to IH 35 CSJ: 0683-01-092 PROPERTY DESCRIPTION FOR PARCEL 22 DESCRIPTION OF A 0.258 ACRE(11,256 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 1 OF THE M.E. BASTROP SUBDIVISION RECORDED IN CABINET FF, SLIDES 307- 308 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO ROUND ROCK 732 BUILDING, LLC BY INSTRUMENT RECORDED IN DOCUMENT NO. 2009075022 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.258 ACRE (11,256 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 5/8" iron rod found, 236.09 feet left of proposed Ranch to Market (R.M.) 620 baseline station 502+66.35, in the southerly boundary line Lot 1 of the Comfort Suites Subdivision recorded in Cabinet P, Slides 174-175, of the Plat Records of Williamson County, Texas and conveyed to Sovereign Hospitality Group of Round Rock, Inc by instrument recorded in Document No. 2002066223 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of Lot 1 of the Wendy's Subdivision recorded in Cabinet K, Slide, 123 of the Plat Records of Williamson County, Texas and conveyed to Pisces Food, LLC by instrument recorded in Document No. 9542882 of the Official Public Records of Williamson County, Texas, same being the most northeasterly corner of said Lot 1 (M.E. Bastrop Subdivision); THENCE, with the common boundary line of said Lot 1 (Wendy's Subdivision) and said Lot 1 (M.E. Bastrop Subdivision), S 22013'19"W for a distance of 105.17 feet to a '/" iron rod with TxDOT aluminum cap set (to be replaced by a TxDOT Type 11 monument), 130.93 feet left of proposed R.M. 620 baseline station 502+65.06, in the proposed northerly right-of-way(ROW) line of R.M.620, (ROW width varies),for the most northeasterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE,departing said proposed northerly ROW line,continuing with said common boundary line, S 22013119"W for a distance of 103.11 feet to a 1/"iron rod found with a plastic cap, in the curving existing northerly ROW line of R.M. 620, (ROW width varies), being the most southwest corner of said Lot 1 (Wendy's Subdivision), same being the most southerly corner of said Lot 1 (M.E. Bastrop Subdivision), for the most southerly corner of the herein described parcel; THENCE, with said existing northerly ROW line, same being the southerly boundary line of said Lot 1 (M.E. Bastrop Subdivision), the following two(2)courses: 2) Along a curve to the right, having a delta angle of 26047155", a radius of 437.78 feet, an arc length of 204.76 feet, and a chord which bears N 43025156" W for a distance of 202,90 feet to a W, iron rod found with plastic cap for a point of tangency; Parcel 22 Page 2 of 4 4) THENCE, departing said existing northerly ROW line, through the interior of said Lot I (M.E. Bastrop Subdivision), S 73026146" E for a distance of 187.11 feet to the POINT OF BEGINNING, containing 0.258 acres(11,256 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 1, M. Stephen Truesdale, 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 direction and supervision. WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas. M. Stephen True! dale Date Registered Professional Land Surveyor No.4933 Licensed State Land Surveyor Inland Geodetics, LLC OF Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock,TX 78681 41.STEPHENMUE 4933 V, EXHIBIT n 11 PLAT TO MPANY PARCEL DESCRIPTION Re l ssuedi 12/04/1 s PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C 1 26.47155' 437.78' 204.76' 202.90' N43.25'56"W (cl) (437,68') (204.771) (202.901) _(N43°25'45`W) C2 00.28'550 437.781 3.68' 3.68' - S57.04'204E (3,691) (3.69') (N57.04'2 1"W) 1.1__ SuRV EY -- 0 25 50 J.�9. 11 A _ ��� LOT I ABS rRAG Ivo• EX I S I G o • 22 / 1' = 50' SOVEREIGN HOSPITALITY N29°56'57"W Cl* / �,• / t GROUP OF 1. 70' ROUND ROCK, INC. M- \ \ \ DOC, NO. 2002056223 620 O.P.R.W. C.T. DETAIL 'B° {,' P.U.E. /, \ 1 N. T. S. / 03 CA©. P, 5L. (74-175 \ \ \ P.0. R. PISCES FOOD, LLC P.R.IV.C.T. \ \ \ PARCEL 22 / l� DOC. NO. 95542882 5Th. 502466.35 0.P.R.W.C. T. COMFORT SUITES 236.09' LT / / CENTERLINE SUBDIVISION L / WI UNSPECIFIED P � CAB. P► 5L. 174-175 �/ YrlDrll T.1'.t.L. a, 4, P.R.W.C.T. LOT I / 1 5/a Z EASEMENT 2.27 AC. )/ / VOL. 517, PAGE 609 p 0 L 1 Cd \ \ WE Y'�SUBDlVlS(ON • 62 LOT 2 k, SL. 123 R• c 4i- 0.96 AC. ) \ �\ \ / //�,a �\ .R. . T. ti W . • DETAIL A 15' P.U.E. N. T. S. CAB. P, SL. 174-175 0 P.R.YI.C.T. SOVEREIGN HOSPITALITY p 00" 0 \ GROUP OF / /c�� ROUND ROCK 1 P.0. Q. ROUND ROCK, INC. / / 732 BUILDING, LLC PARE 22 DOC. NO. 2002056223/ a�/ DOC. No. 20090754 2 `� 0.P.R.W. C.T. / �rG•/ ,� ��`� 130.' 3' LT 5,06 a.P,R,w.c. T o ti � �t• M. E. BASTROP SUBD I V 1 S I Ott CAB. FF, SL. 307-308 P.R,W.C. T. / 62/ LOT I BUILDING BLOQK 1 �. 0.256 AC. �Z_�-'� 0 0. 727 AC, a• {0' WIDE DE 1 1,256 SO. FT. iY P.U.E. & S�t SIDEWALK Q�t4 J -J J EASEMENT PER a PER PLAT ____-�,- �" • M30-00, 101,84.1 30 IY 101. 92') EXISTING RSO Yl. Cl CENT RLINE OF UNSPECIFIED cs�a �>>I��C3 WIDTH T,P.F,L. EASEMENT VOL. 544, PACE 172 �'� pntp69 STA. 500+78.65 \' O �1 114.77' LT620 ,0 L X44 THE STATE OF TEXAS � � R.p,W. WIDTH) VOL, 339, PG, 328 a.�`�• 0.R.Yl.C.T. PARCEL PLAT SHOWING PROPERTY OF A N Du ROUND ROCKG EO D ETI CS Texas Department of Transportatton P 732 BUILDING PROFESSIONAL LAND SURVEYORS LLC 1504 GRISHOLM TRAIL RD.STE.103 PARCEL 2� ROUND ROCK,Tx.78681 SCALE CSJ # PROJECT COUNTY PH,(512)238-1200,FAX(512)238-1251 I,- = 50, 06$3-•01--092 RM 620 W I LL I AMSON EXHIBIT " 01/30114 PLAT TO ACCOMPANY PARCEL DESCRIPTION PAGE 4 OF 4 LEGEND ■ TXDOT TYPE I CONCRETE MONUMENT FOUND It PROPERTY LINE i/2" IRON ROD SET W! TXDOT ALUMINUM CAP l ) RECORD INFORMATION TO BE REPLACED BY TYPE 11 MONUMENT LINE BREAK III TXDOT TYPE 11 CONCRETE MONUMENT FOUND N LAND HOOK P.0. B. POINT OF BEGINNING 1/2" IRON ROD FOUND UNLESS NOTED P.0. R. POINT OF REFERENCE O f2" IRON ROD FOUND W/PLAST I C CAP N. T.S. NOT TO SCALE 0 COTTON G I N SPINDLE FOUND D.R.W. C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS X X CUT FOUND O.R.W. C.T. OFFICIAL RECORDS 1 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS 0.P. R.W.C. T. OFFICIAL PUBLIC RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS a I/2" IRON ROD W/ ALUMINUM CAP P.R.W. C. T. PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) CENTER LINE 1) All beorings shown hereon are hosed on grid bearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using o combined surface adjustment factor of I.00Oii. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1032, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE JANUARY 30, 2014. IOC. A PUBLIC UTILITY & SIDEWALK EASEMENT 10 FEET IN WIDTH ALONG THE STREET SIDE PROPERTY LINES OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES, AFFECTS AS SHOWN. D. A WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK, WITHIN THE NORTHEASTERLY PROPERTY LINE OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES, AS SHOWN PER THE RECORDED PLAT THEREOF, AND AS AFFECTED IN DOCUMENT NO. 200.9051248, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ABANDONED NO LONGER AFFECTS. E. ALL TERMS. CONDITIONS, AND PROVISIONS OF THAT CERTAIN ORDER REGARDING THE ZONING OF THE SUBJECT PROPERTY RECORDED IN DOCUMENT NO, 2009053007, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, F. AN ELECTRIC LINES EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY, BY INSTRUMENT IN VOLUME 234, PAGE 138, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS AFFECTED BY INSTRUMENT RECORDED IN VOLUME 1489, PAGE 727, DOES NOT AFFECT. G. AN ELECTRIC EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 293, PAGE 592, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. H. AN ELECTRIC EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 517, PAGE 609, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN 1. AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 544. PAGE 172, OF THE DEED RECORDS OF WILLIAMSON COUNTY, AFFECTS AS SHOWN. , OF I, I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT %�T, • TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT , THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A 4' SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND ' '" .+arYlrr rs.. *44"'4440;,-s. SUPERVISION. t M,STEPHEN TRU " 4933 .� M. STEPHEN TRUESDALE f DATES ~# REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4953 ASWARE LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP ACQUISITION 0.258 11,256 FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 0.727 31,668 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 REMAINDER AREA 0.460 20,412 PARCEL PLAT SHOWING PROPERTY OF I N L A N dROC ipp", exos Deportment of Tronsportotlon `1++ N I1 c 2603 GEODE ICs ` 32 BUILDING, LLC PROFESSIONAL LAND MEYORS 1504 CHISOLUTRAIL PARCEL SUITE IO3 RM 2 K, Tx. 78681 SCALE CSJ � PROJECT COUNTY G PH. 1512)238.1214,1`9 1512) 50' RM 620 W 1 LL I AMSON Page 1 of 4 EXHIBIT B County: Williamson Limits: Parcel 22-E Highway: R. M. 620 PROPERTY DESCRIPTION FOR PARCEL 22-E DESCRIPTION OF A 0.067 ACRE (2,936 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 1 OF THE M.E. BASTROP SUBDIVISION RECORDED IN CABINET FF, SLIDES 307- 308 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO ROUND ROCK 732 BUILDING, LLC BY INSTRUMENT RECORDED IN DOCUMENT NO. 2009075022 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.067 ACRE (2,936 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/" iron rod with TxDOT aluminum cap set (to be replaced by a TxDOT Type II monument), 130.93 feet left of proposed R.M. 620 baseline station 502 .65.06, in the proposed northerly right-of-way(ROW) line of R.M. 620, (ROW width varies), being the westerly boundary line of Lot 1 of the Wendy's Subdivision recorded In Cabinet K, Slide, 123 of the Plat Records of Williamson County, Texas and conveyed to Pisces Food, LLC by instrument recorded in Document No. 9542882 of the Official Public Records of Williamson County, Texas, same being the easterly boundary line of said Lot 1 (M.E. Bastrop Subdivision) for the most southeasterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE, departing said westerly boundary line of Lot 1 (Wendy's Subdivision)with said proposed northerly ROW line, through the interior of said Lot 1 (M.E. Bastrop Subdivision), N 73025146"W for a distance of 187.11 feet to a '2" iron rod with TxDOT aluminum cap set (to be replaced by a TxDOT Type If monument), 114.77 feet left of proposed R.M. 620 baseline station 500+78.65, in the curving existing northerly ROW line of R.M. 620, (ROW width varies), being the southwesterly boundary line of said Lot 1 (M.E. Bastrop Subdivision), for the southwesterly corner of the herein described parcel, and from which a capped iron rod found in said existing ROW line, same being the southwesterly boundary line of said Lot 1 (M.E. Bastrop Subdivision) bears N 29056'57"W at a distance of 1.70 feet; 2) THENCE, departing said proposed northerly ROW line, with said existing ROW line, same being the southwesterly boundary line of said Lot 1 (M.E. Bastrop Subdivision), N 29058157" W for a distance of 21.80 feet to a calculated point, for the most northwesterly corner of the herein described parcel; 3) THENCE, departing said existing northerly ROW line, through the interior of said Lot 1 (M.E. Bastrop Subdivision), S 73°25'46" E for a distance of 204.41 feet to a calculated point in the common boundary line of said Lot 1 (Wendy's subdivision) and said Lot 1 (M.E. Bastrop Subdivision), for the most northeasterly corner of the herein described parcel, and from which a 518" iron rod found, in the southerly boundary line Lot 'I of the Comfort Suites Subdivision recorded in Cabinet P, Slides 174-175, of the Plat Records of Williamson County, Texas, same being the most northwesterly corner of said Lot 1 ( Wendy's Subdivision), same being the most northeasterly corner of said Lot 1 (M.E. Bastrop Subdivision)bears N 22°13'19" E at a distance of 90.10 feet; Parcel Page 2of4 4) THENCE, with said common boundary Une. S 22013^19" W for a distance of 15.07 feet to the POINT OF BEGINNING,containing 0.067 acres(2.938 square feet)of land, more or|oom. This property description ieaccompanied byoseparate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. ' THE STATE OFTEXAS § § KNOW ALL MEN 8YTHESE PRESENTS: COUNTY OFVV/LL|AK8SDN § That|. M. Stephen Truaoda|$. a Registered Professional Land Bun/myor, 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 direction and supervision. WITNESS N1YHAND AND SEAL atRound Rock,Williamson County, Texas. EXHIBIT " PLAT TO ACWWAN7 PARCEL DESCRIPTION 01118116 PAGE 3 OF 4 NUMBER DIRECTION DISTANCE L I N29056'57°W 21.80' L2 S22013' 19"W 15.07' 0 25 50 IN = 50' j.M. f IARRELL SURVEY 22-E A85T Rl�CT NO° 284 Lar I o 0. SOVEREIGN HOSPITALITY N29`56'57"W Cl' /tx / GROUP OF 1. 70' \ ROUND ROCK, INC, R. Irl. 620 DOC. NO. 2002056223 \ \ \ 0.P.R.W.C. T. DETAIL 0A8 N.T. S. h� 15, P.U.E. \ CAB, P. 5L. 174-175 \ \ ,� PISCES FOOD, LLC P.R.W.C.T. \ ` \ �,. DOC. NO. 9542882 COMFORT SUITES / / 0.P.R.W.C. T. SUBDIVISION ,/ / CENfiEkL 1 NE CAB. P, SL. 174-175 WIDTH UNSPECIFIED Yt f DTH T.P.&L. P.R.W.C.T. LOT I / /8 a EASEMENT 2.27 AC. )/ / VOL. 517, PAGE 609 0 \ �\ WE DY'S SUBDIVISION LOT 2 k, sL. 123 0.96 AC. \ \ \ / /�,a \ F��\ �,�.R.W. .T. .- 15' P.U. \E CAB. P, SL. 17'4-175 P.n.Vt.C.T. \� .�- RBIDIKSOVEREIGN HOSPITALITY 732 BUILDING, LLC GROUP OF / ,i��� DOC. No. 2009075022 a, ,� P.0,8. ROUND ROCK, INC. f / 0.P.R.W.C. T. A`rr� �WPARCE 22-E DOC. N0. 200205£223/ 0.%/ LOT I b.•/ �� STA. 502. 5.06 0.P.R.W.C. T. / �,•/ BLOCK 1 2(3 �� 130.' 3' LT 0. 727 AC. / Q3/ PROPOSED M. E. BASTROP BUILDING ,�� oQ �' 22-E 1'19__� SUED I V SIO ON 4� 0.067 AC. / CAB. FF, S1.�307-308 �,. t�� 2,936 SO, FT. / P.R.W.C. ,i 10' Vl I DE P.U.E. & SIDEWALK EASEMENT �.. 56-1-5- -¢y/` PER PLAT Y -- (N3 0- 0 °00 30&W 101, 921) L f ° Vi. '� �5�V\ 'cob 1<X °0 SAF 0144 It .� CENT RL I NE 01= UNSPECIFIED O r?�� ��1 �ro VtIDTH T.P.?-L. EASEMENT VOL. 544. PAGE 172 Qv �1pn�p6� STA.7500+78.65 ��, �. C3 GSJ 114.77' TI{E STATE OF TEXAS {R' p,W,�0�3003 °2 (1, 10 AC.) VOL. 339, PG, 328 w D.R.Yl.C.T. PARCEL PLAT SHOWING PROPERTY OF N LA N Du GEODETICS ; ROUND ��� ,rTexasDepartment of7Yansportation mPROFESSIONAL LAND SURVEYORS 732 V U 1 L D I NG, L L C 1504 GHlSHOROCK, 78 TRAIL t03 C ROUND ROCK,TX.7868181 PARCEL 22-SCALE CSJ # PROJECT COUNTY G PH.(512)238-}200,fAX(SI2)238-}25} I a = 50' RM 620 W I LL I AMSON EXHIBIT " L " 01/18/16 PLAT TO ACCOMPANY PARCEL DESCRIPTION PACE 4 OF 4 LEGEND ■ TXDOT TYPE I CONCRETE MONUMENT FOUND PROPERTY LINE ® %2" IRON ROD SET W/ TXDOT ALUMINUM CAP t } RECORD INFORMATION TO BE REPLACED BY TYPE II MONUMENT LINE BREAK p TXDOT TYPE It CONCRETE MONUMENT FOUNDr---JLAND HOOK P.O. B. POINTOF BEGINNING • I/2" IRON ROD FOUND UNLESS NOTED P.O.R. POINT OF REFERENCE I/2" IRON ROD FOUND W/PLAST I C CAP N.T.S. NOT TO SCALE 3 COTTON GIN SPINDLE FOUND D.R,W.C,T. DEED RECORDS WILLIAMSON COUNTY, TEXAS X X CUT FOUND O.R,W.C.T. OFFICIAL RECORDS 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS p CALCULATED POINT O.P.R.W.C. T, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS I/2" IRON ROD W/ ALUMINUM CAP P.R.W, C.T, PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) CENTER LINE 1) All bearings shown hereon are Dosed on grid Dearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using ca combined surface adjustment factor of 1.0001 1, THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1032, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE JANUARY 30, 2014. IOC, A PUBLIC UTILITY & SIDEWALK EASEMENT 10 FEET IN WIDTH ALONG THE STREET SIDE PROPERTY LINES OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES, AFFECTS AS SHOWN, D. A WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK, WITHIN THE NORTHEASTERLY PROPERTY LINE OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES, AS SHOWN PER THE RECORDED PLAT THEREOF, AND AS AFFECTED IN DOCUMENT NO. 2009051248, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ABANDONED NO LONGER AFFECTS. E. ALL TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN ORDER REGARDING THE ZONING OF THE SUBJECT PROPERTY RECORDED IN DOCUMENT NO. 2009053007, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, F. AN ELECTRIC LINES EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY, BY INSTRUMENT IN VOLUME 234, PAGE 138, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS AFFECTED BY INSTRUMENT RECORDED IN VOLUME 1489, PAGE 727, DOES NOT AFFECT. G. AN ELECTRIC EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 293, PAGE 592, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. H. AN ELECTRIC EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 517, PAGE 609, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN 1. AN ELECTRIC AND TELEPHONE LINE EASEMENT GRANTED TO TEXAS POWER AND LIGHT COMPANY BY INSTRUMENT FILED UNDER VOLUME 544, PAGE 172, OF THE DEED RECORDS OF WILLIAMSON COUNTY, AFFECTS AS SHOWN. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A etc SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND °� * +, SUPERVISION, '+�wrat�v�,wo,was;�y##Ifr�ws:�*ss#«a#+t.. M.STEPH TR I» 4933 seta�,tiss««.««a««f+►slw�, t+y M. STEPHEN TR ESDALE DATES" r 7p ,10, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 00 LICENSED .STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 IN PARCEL PLAT SHOWING PROPERTY OF I N L A N D u G E+©C?ETt S J ROUND ROCK { �" ,Texas Department cifT mnspor�tation PROFESSIONAL LAND SURVEYORS 732 �J U ' L D I N G• 6..�V SSoacHISHORM K,-1XRAIL.8681D. 103 SCALE CSJ PROJECT COUNTY PARCEL 22-E ROUND RACK,TX.7BS81 PH.(512)238-1200,FAX(512)238-1251 Pr Ill = 501 RM 620 W I LL I AMSON EXHIBIT "C" PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That ROUND ROCK 732 BUILDING, LLC, whose current address is and its successors and assigns, ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation 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 perpetual public utility easement and right-of-way in, upon, over, under, above and across the following described property(the"Property"),to-wit: All of that certain 0.067 acre (2,936 SF) parcel of land situated in the J.M. Harrell Survey, Abstract No. 284; and being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes(Parcel 22PUE). The perpetual easement, right-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 utilities, to-wit: electric transmission and distribution lines, telecommunication and cable television lines, water lines, natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and related equipment, stormwater lines, drainage systems and structures, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage pipes and all other subsurface drainage structures, and any necessary accessories, or operations. 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 easement, rights and privileges herein granted shall be perpetual, provided however that said easement, rights, and privileges shall cease and revert to Grantor in the event the utilities are abandoned, or shall cease to be used,for a period of five(5)consecutive years. The perpetual easement, right-of-way, rights and privileges granted herein are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the premises covered by this grant, 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 to determine the effect, if any, on the utilities contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. 00378429.DOCX Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the facilities. 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 easement; provided, however, before constructing any improvements, at least ten (10) 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 easement. Grantee shall have the additional right to temporarily enter upon the remaining property of Grantor if necessary for removing portions of any improvements which are bisected by the acquisition of the Property or otherwise acquired or damaged by Grantee, and for cutting any additional bisected or damaged improvements which are retained by Grantor at the line of bisection or as closely as possible thereto in order to maintain the structural integrity of the remaining improvement, and for no other purpose. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall 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; (c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and singular all usual and customary rights thereto in anywise belonging, and together with the right and privilege at any and all times to enter said premises, or any part thereof,for the purpose of constructing or maintaining said utilities and for making connections therewith, and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of , 2018. GRANTOR: ROUND ROCK 732 BUILDING,LLC By: Its: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the day of the month of , 2018, by , in the capacity and for the purposes and consideration therein expressed. Signature Printed Name Notary Public, State of Texas 00378429.DOCX