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R-2023-282 - 9/14/2023 RESOLUTION NO. R-2023-282 WHEREAS, the City desires to acquire 27.691 acres of right of way required for the construction of the CR 112 Roadway Improvements Project; and WHEREAS, Nelson Homestead Family Partnership, Ltd., the owner of the property, has agreed to allow possession of said property to the City,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 three Possession and Use Agreements with Nelson Homestead Family Partnership, Ltd., a copy of said agreements 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. RESOLVED this 14th day of September, 2023. CRAIG O G Mayor City of and r, Texas ATTEST: � MEAGAN S KS, Cit Clerk 0112.2023Z 4891-6871-7949 EXHIBIT Forth ROW-N-PUA « ►► (12/12) A Replaces forth ROW-N-7 PARCEL 3 Page 1 of 9 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS § § Parcel No.: 3 COUNTY OF WILLIAMSON § Project: CR 112 This Possession and Use Agreement For Transportation Purposes(the "Agreement") between CITY OF ROUND ROCK, TEXAS ("Grantee"), and NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to CR 112 and related utility adjustments (the "Project"). The property subject to this Agreement is described more fully in field notes, plat map or other description (attached as "Exhibit A") and made a part of this Agreement by reference (the "Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and sufficiency of which is acknowledged, the Grantor grants, bargains, and conveys to Grantee the right of entry and exclusive possession and use of the Property for the purpose of constructing a roadway, utility adjustments and al! related appurtenances thereto and the right to remove any improvements thereon. Authorized activities on the Property include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Project. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, providers of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Project. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property only. 2. In consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the Grantee will tender to the Grantor the sum of NINE HUNDRED FIVE THOUSAND SEVEN HUNDRED TWENTY-SEVEN and 00/100 Dollars ($905,727.00). The Grantor agrees that this sum represents 90% of the amount that Grantee has determined constitutes adequate and full compensation for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon tender of payment as set out herein, subject to the conditions in Paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of the Grantee's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the Grantee's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the Grantee in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the Grantee has paid for the possession and use of the Property, then the {.00080613.5J 111111111 * N P U A * Ferm ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 2 cf 9 Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the Grantee, the Grantor will promptly refund the overpayment to the Grantee. In the event the amount of the final settlement or court judgment for acquisition of the Property is greater than the amount Grantee has paid for the possession and use of the Property under this Paragraph 2. Grantee will remit the underpayment to Grantor when required under the final settlement or court judgment. 3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2 above was tendered to the Grantor by the Grantee, or delivered by Grantee to a title company acting as escrow agent for the transaction, with unconditional instructions to such escrow agent to immediately release such payment to Grantor upon escrow agent's confirmation that no liens or other monetary encumbrances affect the Property (the"Effective Date"). 4. The Grantor warrants and represents that, to Grantor's actual knowledge, the title to the Property is free and clear of all monetary liens and encumbrances except as disclosed to Grantee in that certain title commitment numbered GF#202301512 dated effective June 8, 2023 issued by Heritage Title Company of Austin Inc., as agent for First American Title Insurance Company, and that proper releases will be executed for such liens and encumbrances (if any) prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns (or, to Grantor's knowledge, claims) an interest in the fee title to the Property and further agrees to indemnify the Grantee from all unrelated or undisclosed liens or other monetary encumbrances affecting the Property. 5. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent domain proceeding purposes, will be the Effective Date of this Agreement. 6. This Agreement is made with the understanding that the Grantee will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and other interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The Grantee's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the Grantee until entry of judgment. 8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at the current time and (.00080613.5)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 3 of 9 continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor expressly acknowledges that the proposed Project are for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown,to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil,gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the Grantee to take and use all other minerals and materials thereon, and thereunder. 10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against the Property until the Effective Date, including prorated taxes until the Effective Date for the year in which the Grantee takes title to the Property. Grantor shall have no liability for ad valorem property taxes and special assessments assessed against the Property for any period after recording of a memorandum of this Agreement. 11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the Grantee acquires title to the Property either by agreed final settlement, or final court judgment,whereupon this Agreement shall automatically terminate. 12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 13. It is agreed that Grantee will record a memorandum of this Agreement on or about the Effective Date in the property records of the county in which the Property is located, evidencing the existence of this Agreement. The Agreement itself will not be recorded. The memorandum will not contain any information regarding the consideration paid or to be paid to Grantor by Grantee and will otherwise be in a form mutually acceptable to Grantor and Grantee. The recording of the memorandum will not modify the terms of this Agreement. Upon termination of this Agreement for any reason, either Grantor or Grantee may record an affidavit in the county property records evidencing such termination. 14. Other conditions: See Addendum attached hereto and made a part hereof. 15. By its authorized signature below the following Tenants which have a leasehold interest in the Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein: Tenant: Davidson Brothers 1.00080613.5)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 4 of 9 At no time during the possession of the Property by Grantee for the numoses described herein shall Grantor or Tenant be denied reasonable access and/or ingress to or egress from the Remainder for its current uses without prior advance agreement between Grantor and Grantee. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the limitations set forth above. [signature pages.follow] 1.00080613.5)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 5 of 9 GRANTOR: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership By: Nelson Homestead Management, L.L.C., its general partner By: 0446. Name. hn C. Nelson Title: Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF T►e A-V is This instrument was acknowledged before me on this the 26-day of August, 2023 by John C. Nelson, Manager of Nelson Homestead Management, L.L.C., the general partner of Nelson Homestead Family Partnership, Ltd., in the capacity and for the purposes and consideration recited herein. �►�''°.yes Gloria A Veiasquez / Notary Public,State of Texas *' Comm.Expires 01l03/2024 Notary!p1zae4+oo-s Notary Public, State 9f Texa Printed Name: G tovia. Velas" z My Commission Expires: o�/oa'2oZ`f 1.00080613.5}} Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 6 of 9 TENANT: Davidson Brothers By: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF A LAWItAAW0J This instrument was acknowledged before me on this the °�S day of August, 2023 by D-nnis id50K, , in the capacity and for the purposes and consideration recited herein. Gloria v+ 8 QueZ ►; Notary Public,$We of Texas Co""'Expires 01/O W24 Notary OF Nora M 128ft, exas Printed N am e:610 h r.VQJ(-S 7"� My Commission Expires: {.00080613.5)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 7 of 9 GRANTEE: CITY OF ROUND ROCK,TEXAS By: Craig Morgan, Mayor ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the _day of 2023 by Craig Morgan, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas Printed Name: My Commission Expires 1.00080613.5)) Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 8 of 9 ADDENDUM TO POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES This Addendum to Possession and Use Agreement For Transportation Purposes (this "Addendum") is made a part of, and is to be read in conjunction with, the attached Agreement. Unless otherwise defined in this Addendum, all capitalized terms used shall have the meaning given to them in the Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Addendum and those contained in the Agreement, the terms and provisions of this Addendum shall control and govern. 1. Grantee shall construct the Project substantially in accordance with those certain plans and specifications dated August 4, 2023 (currently at 95% submission level), prepared by HDR Engineering, Inc., and any subsequent comments, revisions or updates approved by Grantee for final project bidding and permitting, and any subsequent change orders approved during construction, provided that in all events the Project will not change to result in the abandonment of the eastern portion of existing CR 112 between Ponce De Leon Pass and CR 110 without the prior written consent of Grantor. Grantee shall use its best efforts to notify Grantor of any subsequent revisions, updates or change orders to such plans and specifications that could materially affect future use and development of the Remainder, such as changes related to road alignment, access points, median breaks/tum-in lanes, drainage and utilities(including stubs and connections). 2. Grantor and Grantee acknowledge that Grantee has made an offer to Grantor for the acquisition of the Property based on Grantee's approved value and that Grantor intends to submit a counteroffer to Grantee. If Grantor and Grantee fail to reach a final agreed settlement for Grantee's acquisition of the Property within 60 days after the date Grantor submits a counteroffer to Grantee, Grantor may, at its option, at any time thereafter, notify Grantee that it desires that Grantee initiate condemnation proceedings for the Property. Within 30 days after receipt of such notice from Grantor, Grantee will undertake to complete any final prerequisites to filing of a condemnation suit as required by the Texas Property Code, Chapter 21, and as soon as reasonably possible thereafter (and in any event within 90 days after receipt of such notice from Grantor), shall initiate condemnation proceedings and will seek to schedule a Special Commissioners' hearing at the earliest possible date. Grantee covenants that it will take all procedural steps necessary to ensure that the hearing is held in a timely manner and without any delays caused by Grantee. Grantee agrees to deposit the award of the Special Commissioners in the registry of the court within 60 days of the date that the Special Commissioners' award is filed with the court. 3. Grantee agrees to conduct its Project-related activities on the Property in a manner that avoids or minimizes interference with and interruption of any tenant's operations on the Remainder (including avoiding loss of or injury to livestock) to the extent reasonably possible. If any such activities will impact a tenant's operations, Grantee shall coordinate same in advance with such tenant. In no event shall any existing fence located on the Property be removed, cut, modified, or otherwise damaged by Grantee or its contractors within thirty (30) days following the Effective Date, by which time Grantor shall have completed installation of new perimeter fencing for the Remainder at such location. In no event shall any such new fence be removed, cut, modified, or otherwise intentionally damaged by Grantee or its contractors without the prior written approval of Grantor and Tenant, which approval shall not be unreasonably withheld or delayed. In addition, if Grantor or any tenant of Grantor requests that Grantee, as part of Grantee's acquisition of the Property or the conduct of its Project-related activities on (.000806I 3.5)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 9 of 9 the Property, reasonably cooperate with Grantor or such tenant as necessary for carrying out the existing agricultural and ranching operations on the Remainder and/or continuously maintaining all existing Agriculture Use ad valorem tax exemptions on Remainder tracts, Grantee agrees to do so. 4. To the extent allowed by law, Grantee will be liable for all damage or injury to persons or property resulting from the activities of Grantee, its agents, employees, contractors, subcontractors, or other parties in coming upon or about the Property in connection with Grantee's activities upon the Property under this Agreement, including but not limited to losses or expenses incurred by Grantor or Tenant due to unauthorized damage caused by Grantee or its contractors to any fencing, livestock, growing crops or property of Grantor, Tenant or their respective agents or employees. Grantee will also promptly discharge any lien claim filed against the Remainder that arises out of the Project. Specifically without waiving any available governmental immunity, Grantee acknowledges and agrees that Grantor shall be allowed to seek any existing legally available remedies for any damages incurred by Grantor due to Grantee's breach of this Agreement. 5. Grantee will obtain, and maintain in full force and effect, at all times during the term of this Agreement, and will require each of its contractors and assignees to obtain and maintain in effect at all times during which such contractors or assignees are performing work on or within the Property, a policy or policies of insurance, in at least the minimum amounts that Grantee typically requires of its contractors for work similar to the Project. Such liability insurance shall provide that it may not be canceled without at least 30 days written notice to Grantor. Grantee shall provide a certificate of insurance evidencing the required coverage to Grantor prior to Grantee or the contractor or assignee in question entering upon or commencing any construction activity on the Property. {.00080613.5}) County: Williamson Page 1 of 7 Parcel : 3—Nelson Homestead 08-23-22 Highway: C.R. 112 EXHIBIT ` PROPERTY DESCRIPTION DESCRIPTION OF A 6.800 ACRE (296,151 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 IN WILLIAMSON COUNTY; TEXAS BEING A PORTION OF THE REMAINDER OF THAT CALLED 868 54 ACRE OF LAND IN SPECIAL WARRANTY DEED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. RECORDED IN DOCUMENT NO. 1998024076 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. AND DESCRIBED IN VOLUME 1133, PAGE 639 OF THE DEED RECORDS OF WILLIAMSON COUNTY TX., SAID 6.800 ACRE (296,151 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS' BEGINNING at an iron rod with aluminum cap stamped "CORR-ROW' set 72 00 feet left of County Road (C.R.) 112 Baseline Station 46+41.23 in (Grid Coordinates determined as N=10,178,211.91 E=3,145,845 29), in the curving proposed northerly right-of-way (ROW) line of C R. 112 (variable width ROW), being the westerly boundary line of said remainder of that 868.54 acre tract, same being the easterly line of that called 97.472 acre (Tract 5) of land described in Trustee's Deed to Marta C. Avery Exempt Trust recorded in Document No. 2021038922 of the Official Public Records of Williamson County Texas, for the northwesterly corner and POINT OF BEGINNING of the herein described parcel, THENCE, departing the easterly boundary line of said 97.472 acre tract, through the interior of said remainder of the 868.54 acre tract, with said proposed ROW line the following six(6)courses 1) with a curve to the right, having a radius of 20,072.00 feet, a delta angle of 00018'32", an arc length of 108.22 feet, and a chord which bears N 70`07'09" E, a distance of 108.22 feet to an iron rod with aluminum cap stamped "CORR-ROW set 72.00 feet left of C.R. 112 Baseline Station 47+49 06, for a point of tangency 2) N 70°16'25" E for a distance of 1,902.17 feet to an iron rod with aluminum cap stamped"CORR- ROW' set 72 00 feet left of C.R. 112 Baseline Station 66+51,23, for a point curvature to the left; 3) with said curve to the left, having a radius of 1,428.00 feet, a delta angle of 14°32'24", an arc length of 362.38 feet, and a chord which bears N 63°00'13" E, a distance of 361.41 feet to an iron rod with aluminum cap stamped "CORR-ROW set 72.00 feet left of C.R. 112 Baseline Station 70+31.89, for a point of tangency, 4 N 55"44'01" E for a distance of 150.06 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 72.00 feet left of C.R. 112 Baseline Station 71+81.95; 5) N 40°44'01" E for a distance of 123.64 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 104.00 feet left of C.R. 112 Baseline Station 73+01 37; 6) N 55°44'01" E for a distance of 150.00 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 104.00 feet left of C.R. 112 Baseline Station 74+51 37; 7) N 09°07'44" E for a distance of 32.43 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 127.57 feet left of C.R. 112 Baseline Station 74+73.65 in the westerly boundary line of the remainder of that called 1,162.08 acre tract(Exhibit A, 3) in Special Warranty Deed to Nelson Homestead Family Partnership, LTD. recorded in Document No. 1998024078 of the Official Records of Williamson County, Texas, being the easterly line of said remainder of the 868,54 acre tract, for the northeasterly corner of the herein described parcel, County: Williamson Page 2 of 7 Parcel : 3—Nelson Homestead 08-23-22 Highway: C R 112 8) THENCE, departing said proposed ROW line, with the common line of said remainder of the 868 54 acre tract and said remainder of that called 1 162.08 acre tract, N 77°06'26" E for a distance of 396.67 feet to a calculated point in the existing northerly ROW line of C.R. 112 (variable width ROW), being the southerly corner of said remainder of the 1,162 08 acre tract and the southeasterly corner of said remainder of the 868.54 acre tract, for the southeasterly comer of the herein described parcel, THENCE, departing said remainder of the 1 162,08 acre tract, with the southerly boundary line of said remainder of the 868.54 acre tract, being said existing northerly ROW line, the following five(5)courses: 9) S 61.59'30"W for a distance of 84.73 feet to a calculated angle point, 10) S 52-35-04"W for a distance of 181.91 feet to a calculated angle point, 11) S 54-53-29"W for a distance of 536.27 feet to a calculated angle point; 12) S 52`48'02"W for a distance of 136.90 feet to a calculated angle point, 13) S 70°06'35" W for a distance of 2,290.98 feet to a calculated point, being the southeasterly corner of said 97.472 acre tract, same being the southwesterly corner of said remainder of the 868.54 acre tract,for the southwesterly corner of the herein described parcel, 14) THENCE, departing said existing ROW line, with the common line of said 97.474 acre tract and said remainder of the 868,54 acre tract, N 08°04'42"W for a distance of 95.84 feet to the POINT OF BEGINNING,containing 6.800 acres(296,151 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, 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 direct supervision WITNESS MY AND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen _rruLlsdale Date Registered Professional Land Surveyor No. 4933 O Licensed State Land Surveyor i ( .��F�Al .,F+� Inland Geodetics, LLC '�P t° �F•�� Firm Registration No: 100591-00 {„»;. ,, ,....».�».... 1504 Chisholm Trail Road, Suite 103 M.STEPHEN TRt1ESDALF Round Rock, TX 78681 a» 45�33 T�Q- ta� ��p S'\RPS NORTH AMERICA\CR 1121PARCELS\PARCEL 3\PARCEL 3-NELSON HOMESTEAD doc 3U ExHIBIT A PLAT TO ACCOMPANY DESCRIPTION MARTA C. AVERY EXEMPT TRUST (TRACT 5) 97.472 AC. DOC. NO. 2021038922 O.R.W.C.T. / - - - - - - 4— - - - - - - —� S�Rp � GK 50 / 5 Z55 STA. NELSON HOMESTEAD riOM PGI- 00 00 PARTNERSHIP, TD. B R VEY GRID COORDINATES. REMAINDER OF 868.54 ACRES N-10,178,211.91 DOC. NO. 1998024076 E-3,145,845.29 O.R.W.C.T. DESCRIBED IN I P.O.B. VOL 1133, PG. 639 STA. 47+49.06 D.R.W.C.T. cl 72.00' LT N70'16'25"E 1,902.17' O PROPOSED R.O.W. v m n' o uj 6.800 AC. a 296,151 SC. FT. 2 yE I C.R 112 ENGINEER'S BASEUNE —,— EXISTING R.C.W. Li S70'06'35"W 2,290.98' = -:— - - =Sn 0 _ C.R__112 __ __ _ _ _ _ __ �� _ csTEN51aLE SuRvEr LI!!E R.O.W. WIDTH VARIES) EXISTING R.O.W. E 5>,}R qEY �ILLIS p�RPC0 NO 17 CUMBER 00LTA RIUS LENGTH 18'32 20 072.00' 08 22' CHORD CHORD N70 OD 09-E BEARING p� 08/23/2022 PARCEL PLA' SHOWING PROPERTY OF 1 r, ��— N 10 PARCEL 3 GEOOETICS: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. 6.800 AC. ;o.we.�....,,u:unv.w.s ,,�„v ou..w..v set 101 296,151 S0. FT "01INO ROM Al 2K"1 SCALc PROJECT 11 w atr,2S4 2%.Su6ln234 2S WILLIAMSCN COUNTY ��,,,�os�,,,,„o.,�,,,.� 1' _ too' CR t t2 PAGE 3 OF 7 S:\RPS V0'QTM A.VMCA\CR 112\PARCELS\PARCE. 3\PARCEL 3—AVERY—TRJST—PG3.O�q EXHIBIT A PLAT TO ACCOMPANY DESCRIPTION COCK 255 NELSON HOMESTEAD FAMILY AS G�1 REMAINDERN OFs 868.54DACRES z,�0'� Ag51RPSSss ' / DOC. NO. 1998024076 O.R.W.C.T. / DESCRIBED IN ►PPROXMATE CENTMOC OF VOL 1133, PG. 639 EA�SEIENT i ItCWT OF-'w- D.R.W.C.T. VOL 23L Pa 1E4 O.R.W.C.T. / / / / / N70'16'25'E 1,902.17' / PROPOSED R.O.W. O , 3 / / ujo C.R. 112 ENGINEER'S &SEUNE 298'11 1 SO' Fr' 0 -j i o ,n so-oo In -- LI---..---,----- - - -r Z o S70'06'35"W 2.290.98' _ - — i -- - - - -- - - .- - 0 NSIBLE SURYEl IJNE- '- -- - - - - - - - - 11 C.R. 112 V, - - _ (R.O.W. W M WKS) ��Ty ' I ING R.O.W. - -- - - - - - - - - - - - - - - - -- - -- - - -�F--�=-1-- �- _ _ _ __ _ _ - - ---- - -- ^I/ / — —— —— — W L�5 orNA�1 NO I // I I // 1LAeTR / I / 08 23 2022 PARCEL PLAT SHOWING PROPERTY OF I N LAND, PARCEL 3 GEODET'ICS- NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. &M AC. 1504 C"a"wr 1v�x W.sn 1 w EC7 298.151 FT. ■a+w noox rx rwi SCALE P w 7 7iU✓107 W6A2A'.751 WILLIAMSON COUNTY CR 112 005TM710"w-I ao511-00 1• - 100 PAGE 4 OF 7 S\R-S 40RT-1 AMFRICA\CR 112\mARCE_S\PARCE, 3\PARCE. 3-AvFW-TRJ5T-PG4.Awg EXHI IT A PLAT TO ACCOMPANY DESCRIPTION NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C2 14!32 24 1 428.00' 362.38 361.41' 1 N63'00 13 E NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. REMAINDER OF 868.54 ACRES BEY NELSON HOMESTEAD FAMILY vEY DOC. N0. W.C.T. 4076 GK gUR �R O.R.W.C.T. P55C N0. 255 REMAINDER OF 868.54DACRES i JLJS�j 140 3g6 .THOtA BSSRACT OOC. 0 R.W.CO. 8024076 JO�Af)sTfk � A DESCRIBED IN STA. 71+81.95 VOL. 1133, PG. 639 W 72.00' LT D.R.W.C.T. m �S STA- 70+31.89 r 72.00' LT STA. 65+51.23 o T 72.oa' LT PR 5 D r+ N70'16'25`E 1,902.17' C g i + 3296,151 SRO. FT. w es•oo �` EX15S1NG Ft��- z — — N W - -— —— S70'06'35 W 2,290.98' = OSTENSIBLE SURVEY UNE C.R. 112 (R.C:W. WIDTH \IAR1ES) EXISTING R.O.W. Iw NO. DIRECTION DISTANCE 1 L1 N5544'01'E 150.06' > L2 N40'44 01"E 123.64' OE SU, to L6 S52'48'02'W 136.90 AH I ' A o 08 23 2022 IN l AND PARCEL PLAT SHOWING PROPERTY OF GEOOETICS NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. & �3 .,a.a.,a...w.n...,+� slaadho.=.sn w Kww Kxx.Tx 1m. 1 FT. s..mamswe r,xall)ua,isi 1 SCALD W,LLLAMSON COUNTY CR 1E12 PACE 5 OF 7 Po albmImo� wosn-0o S-\RPS '40RTti ANERICA\CR 112\3ARCELS\2ARCE_ 3\PARCE- 3-AVE:tY-TRjST-PG5.dw9 xHIBIT A PLAT TO ACCOMPANY DESCRIPTION NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. REMAINDER PORTION 1,162.08 ACRES (EXHIBIT W. 3) ` DOC. NO. 1998024078 URVEY O.R.W.C.T. l TICS S 356 ORIGINAL 605.03 AC. TRACT NELSON HOMESTEAD FAMILY JU5 NO DESCRIBED IN VOL. 305, PG, 219 PARTNERSHIP. LTD. �DVAp1 5?ftAGT D.R.W.C.T. REMAINDER OF 868.54 ACRES p8 DOC. NO. 1998024076 127.S7' R5 O.R.W.C.T. 27T LT _ LT 10 37 /f 104.00*0' LT STA. 73+01.37 �-- -- 104.00' LT 1 N7TOg'26"! 396.67' 1 A. PaoP°S `� 3 STA. 73+01.37 `0'*GWr 6.800 AC. �-+ 1. 104.00' 296.151 SO. Fr. Q 1N N L3 N _,gtt�pp M G� S;BASELINE +� S�j2 35 + 9 o. ENOINEER•� -75 y R 1,21SS�NG R6'2"1 CR- V 11 AR�ES� (ROW' +Z �0 NO. DIRECTIONNO. DIRECTION DISTANCE1-2 SURVEI UIE - - - -L2 N40'44'O1"E 123.64' - - - - - - - -- -- L3 N55'44'O1'E t50.00' L4 N09'07'44"E 32.43' L5 S61'59'30"WPARCEL 84.73' OPERTY OF 08/23 2022 NELSON HOMESTEAD ATFAMILY SHOWING RPARTNERSHIP, LTD. P�RE3 GEODETICS I N L A N D ."omvowu iwwK Sa CmdNaft Tm&Ra m 10 2MI51 SO. FT. ROUND ROCK.rx 79661 SCAM PRp,;EC` WILLIAMSON COUNTY PAGE 6 OF 7 1' 100 CR 1 Z S:\RPS NORTH Ak_RiCA\CR 112\P►RCFiS\3ARCE� 3\PARCE- 3-AVERY-TRJST-PGfi&7.dvq EXHIBIT A LEGEND PLAT TO ACCOMPANY DESCRIPTION p IRON ROD WITH ALUMINUM CAP N DENOTES COMMON OWNERSHIP STAMPED "CORR—ROW" SET P.O.B. POINT OF BEGINNING p. IRON ROD WITH PLASTIC CAP ( ) RECORD INFORMATION FOUND — AS NOTED P.R.W.C.T. PLAT RECORDS 1/2- IRON ROD FOUND WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS p TxDOT TYPE II CONCRETE WILLIAMSON COUNTY, TEXAS MONUMENT FOUND O.R.W.C.T. OFFICIAL RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS I� PROPERTY LINE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS LINE BREAK WILLIAMSON COUNTY, TEXAS 1) All bearings shown hereon are based on grid bearing. All distances ore surface distances. Coordinates ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. GT2200988, ISSUED BY TEXAN TITLE INSURANCE COMPANY, EFFECTIVE DATE JULY 22, 2022, ISSUE DATE AUGUST 3, 2022. 10C. PIPELINE EASEMENT GRANTED TO LONE STAR GAS COMPANY AS SET OUT IN VOLUME 238, PAGE 184, OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, (AS IT PERTAINS TO TRACT 1 ONLY), AFFECTS AS SHOWN. D. RIGHT—OF—WAY AND PIPELINE EASEMENT GRANTED TO SEMINOLE PIPEUNE COMPANY, AS SET OUT IN VOLUME 840, PAGE 699, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SUPPLEMENTED BY THAT CERTAIN SUPPLEMENTAL PIPEUNE RIGHT—OF—WAY AGREEMENT, AS SET OUT IN VOLUME 2169, PAGE 795, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, (AS IT PERTAINS TO TRACT 3 ONLY), DOES NOT AFFECT. E. NON—EXCLUSIVE PIPELINE EASEMENT AGREEMENT GRANTED TO ENTERPRISE CRUDE PIPELINE, LLC, AS SET IN INSTRUMENT(S) FILED FOR RECORD UNDER WILLIAMSON CLERK'S FILE NO. 2017003557; FURTHER STIPULATED IN THAT CERTAIN MEMORANDUM OF MERGER, AS SET IN INSTRUMENT(S) FILED FOR RECORD UNDER WILUAMSON CLERK'S FILE NO. 2020082921, (AS IT PERTAINS TO TRACT 3 ONLY), DOES NOT AFFECT. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON HE GROUND J ER DIRECT UPERVISI �F T L:Ah P�O�6. ;7-. f 1 M. S70fHeN T UESDALE DATE REGISTERED PROFESSIONAL #A STEPH Tq7 LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR + rLQ INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 sV ROUND ROCK, TEXAS 78681 08/23/2022 10 — PARCEL PLAT SHOWING PROPERTY OF c,. � NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. P& W AAr— I S0.CK&KXM TRAIL 40.M 101 .aura wnL n.,•.., SCALE 298,151 90. FT. Ina•1 aa»♦un 1, — 100 WILLIAMSON COUNTY PROJECT cR 112 PAGE 7 CF 7 S ,.ORTH AMERiCA\CR 112\PARCELS\'ARCEL 3\0ARCEL 3-AVERT-TRUST-PG6&7.O�Q EXHIBIT Form ROW-N-PUA "All (12H2) Replaces Form ROW-N-7 PARCEL 4 Page 1 of 9 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS § § Parcel No.: 4 COUNTY OF WILLIAMSON § Project: CR 112 This Possession and Use Agreement For Transportation Purposes (the "Agreement")between CITY OF ROUND ROCK, TEXAS ("Grantee"), and NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to CR 112 and related utility adjustments (the "Project"). The property subject to this Agreement is described more fully in field notes, plat map or other description (attached as "Exhibit A") and made a part of this Agreement by reference (the"Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and sufficiency of which is acknowledged, the Grantor grants,bargains,and conveys to Grantee the right of entry and exclusive possession and use of the Property for the purpose of constructing a roadway, utility adjustments and all related appurtenances thereto and the right to remove any improvements thereon. Authorized activities on the Property include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Project. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, providers of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Project. This grant will allow the construction,relocation, replacement, repair, improvement,operation and maintenance of utilities on the Property only. 2. In consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the Grantee will tender to the Grantor the sum of TWO MILLION SEVEN HUNDRED TWENTY-TWO THOUSAND THIRTY-SEVEN and 00/100 Dollars ($2,722,037.00). The Grantor agrees that this sum represents 90% of the amount that Grantee has determined constitutes adequate and full compensation for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon tender of payment as set out herein, subject to the conditions in Paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of the Grantee's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the Grantee's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the Grantee in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' I award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the Grantee has paid for the possession and use of the (.00080671.1J 11111111111111111111E * N P U A * Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 2 of 9 Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the Grantee, the Grantor will promptly refund the overpayment to the Grantee. In the event the amount of the final settlement or court judgment for acquisition of the Property is greater than the amount Grantee has paid for the possession and use of the Property under this Paragraph 2, Grantee will remit the underpayment to Grantor when required under the final settlement or court judgment. 3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2 above was tendered to the Grantor by the Grantee, or delivered by Grantee to a title company acting as escrow agent for the transaction, with unconditional instructions to such escrow agent to immediately release such payment to Grantor upon escrow agent's confirmation that no liens or other monetary encumbrances affect the Property (the"Effective Date"). 4. The Grantor warrants and represents that, to Grantor's actual knowledge, the title to the Property is free and clear of all monetary liens and encumbrances except as disclosed to Grantee in that certain title commitment numbered GF#202301512 dated effective June 8, 2023 issued by Heritage Title Company of Austin Inc., as agent for First American Title Insurance Company, and that proper releases will be executed for such liens and encumbrances (if any) prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns (or, to Grantor's knowledge, claims) an interest in the fee title to the Property and further agrees to indemnify the Grantee from all unrelated or undisclosed liens or other monetary encumbrances affecting the Property. 5. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent domain proceeding purposes,will be the Effective Date of this Agreement. 6. This Agreement is made with the understanding that the Grantee will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and other interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The Grantee's removal or construction of improvements on the �y Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the Grantee until entry of judgment. 8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at the current time and (.00080671.1)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 3 of 9 continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor expressly acknowledges that the proposed Project are for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain,has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the Grantee to take and use all other minerals and materials thereon, and thereunder. 10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against the Property until the Effective Date, including prorated taxes until the Effective Date for the year in which the Grantee takes title to the Property. Grantor shall have no liability for ad valorem property taxes and special assessments assessed against the Property for any period after recording of a memorandum of this Agreement. 11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the Grantee acquires title to the Property either by agreed final settlement,or final court judgment, whereupon this Agreement shall automatically terminate. 12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 13. It is agreed that Grantee will record a memorandum of this Agreement on or about the Effective Date in the property records of the county in which the Property is located, evidencing the existence of this Agreement. The Agreement itself will not be recorded. The memorandum will not contain any information regarding the consideration paid or to be paid to Grantor by Grantee and will otherwise be in a form mutually acceptable to Grantor and Grantee. The recording of the memorandum will not modify the terms of this Agreement. Upon termination of this Agreement for F any reason, either Grantor or Grantee may record an affidavit in the county property records c evidencing such termination. r 4 14. Other conditions: See Addendum attached hereto and made a part hereof. 15. By its authorized signature below the following Tenants which have a leasehold interest in the ' Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property pursuant to the terms of this Agreement,and to Grantor receiving the consideration recited herein: Tenant: Davidson Brothers (.00080671.1)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 4 of 9 At no time during the possession of the Property by Grantee for the purposes described herein shall Grantor or Tenant be denied reasonable access and/or ingress to or egress from the Remainder for its current uses without prior advance agreement between Grantor and Grantee. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the limitations set forth above. [signature pages folloiv] i r f r K s I€ ii (.00080671.f)) I i Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 5 of 9 GRANTOR: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership By: Nelson Homestead Management, L.L.C., its general partner By: Name\JJhn C. Nelson Title: Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Tk•►i-V Is This instrument was acknowledged before me on this the �sday of August, 2023 by John C. Nelson, Manager of Nelson Homestead Management, L.L.C., the general partner of Nelson Homestead Family Partnership, Ltd., in the capacity and for the purposes and consideration recited herein. or Pao` Gloria A VelDTexas Notary Public,StaComm.Expires 0Notary Ip r2 Notary Public, Stag of TYxas Printed Name: o n(,. Ltus&-µ{-1— My Commission Expires: oi�o3/zoiy (.00080671.1)) Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 6 of 9 TENANT: Davidson Brothers By: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Witt letm5etl This instrument was acknowledged before me on this the aS day of August, 2023 by 7,>vtitiis L.awVrG(SovL , in the capacity and for the purposes and consideration recited herein. 0 4P,FV Gloria A Velasquez Notary Public.Stale of Texas Comm.Expires 01/03/2024 Notary Public, State of texasv Notary ID12e64roa- YQ�ks6wll/ Printed Name:Calurrc. My Commission Expires: 0I/03/202"{ i, I r (.00080671.1)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 7 of 9 GRANTEE: CITY OF ROUND ROCK, TEXAS By: Craig Morgan, Mayor ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the _ day of , 2023 by Craig Morgan, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas Printed Name: My Commission Expires 3 d ij Y ;i t tl F I' S L k (.00080671.1)) i Form ROW-N-PUA (12f12) Replaces Form ROW-N-7 Page 8 of 9 ADDENDUM TO POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES This Addendum to Possession and Use Agreement For Transportation Purposes (this "Addendum") is made a part of, and is to be read in conjunction with, the attached Agreement. Unless otherwise defined in this Addendum, all capitalized terms used shall have the meaning given to them in the Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Addendum and those contained in the Agreement, the terms and provisions of this Addendum shall control and govern. 1. Grantee shall construct the Project substantially in accordance with those certain plans and specifications dated August 4, 2023 (currently at 95% submission level), prepared by HDR Engineering, Inc., and any subsequent comments, revisions or updates approved by Grantee for final project bidding and permitting, and any subsequent change orders approved during construction, provided that in all events the Project will not change to result in the abandonment of the eastern portion of existing CR 112 between Ponce De Leon Pass and CR 110 without the prior written consent of Grantor. Grantee shall use its best efforts to notify Grantor of any subsequent revisions, updates or change orders to such plans and specifications that could materially affect future use and development of the Remainder, such as changes related to road alignment, access points, median breaks/turn-in lanes, drainage and utilities(including stubs and connections). 2. Grantor and Grantee acknowledge that Grantee has made an offer to Grantor for the acquisition of the Property based on Grantee's approved value and that Grantor intends to submit a counteroffer to Grantee. If Grantor and Grantee fail to reach a final agreed settlement for Grantee's acquisition of the Property within 60 days after the date Grantor submits a counteroffer to Grantee, Grantor may, at its option, at any time thereafter, notify Grantee that it desires that Grantee initiate condemnation proceedings for the Property. Within 30 days after receipt of such notice fiom Grantor, Grantee will undertake to complete any final prerequisites to filing of a condemnation suit as required by the Texas Property Code, Chapter 21, and as soon as reasonably possible thereafter (and in any event within 90 days after receipt of such notice from Grantor), shall initiate condemnation proceedings and will seek to schedule a Special Commissioners' hearing at the earliest possible date. Grantee covenants that it will take all procedural steps necessary to ensure that the hearing is held in a timely manner and without any delays caused by Grantee. Grantee agrees to deposit the award of the Special Commissioners in the registry of the court within 60 days of the date that the Special Commissioners' award is filed with the court. 3. Grantee agrees to conduct its Project-related activities on the Property in a manner that avoids or minimizes interference with and interruption of any tenant's operations on the Remainder (including avoiding loss of or injury to livestock) to the extent reasonably possible. If any such activities will impact a tenant's operations, Grantee shall coordinate same in advance with such tenant. In no event shall any existing fence located on the Property be removed, cut, modified, or otherwise damaged by Grantee or its contractors within thirty (30) days following the Effective Date, by which time Grantor shall have completed installation of new perimeter fencing for the Remainder at such location. In no event shall any such new fence be removed, cut, modified, or otherwise intentionally damaged by Grantee or its contractors without the prior written approval of Grantor and Tenant,which approval shall not be unreasonably withheld or delayed. In addition, if Grantor or any tenant of Grantor requests that Grantee, as part of Grantee's acquisition of the Property or the conduct of its Project-related activities on {.00080671.1)) i Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 9 of 9 the Property, reasonably cooperate with Grantor or such tenant as necessary for carrying out the existing agricultural and ranching operations on the Remainder and/or continuously maintaining all existing Agriculture Use ad valorem tax exemptions on Remainder tracts, Grantee agrees to do so. 4. To the extent allowed by law,Grantee will be liable for all damage or injury to persons or property resulting from the activities of Grantee, its agents, employees, contractors, subcontractors, or other parties in coming upon or about the Property in connection with Grantee's activities upon the Property under this Agreement, including but not limited to losses or expenses incurred by Grantor or Tenant due to unauthorized damage caused by Grantee or its contractors to any fencing, livestock, growing crops or property of Grantor, Tenant or their respective agents or employees. Grantee will also promptly discharge any lien claim filed against the Remainder that arises out of the Project. Specifically without waiving any available governmental immunity, Grantee acknowledges and agrees that Grantor shall be allowed to seek any existing legally available remedies for any damages incurred by Grantor due to Grantee's breach of this Agreement. 5. Grantee will obtain, and maintain in full force and effect, at all times during the term of this Agreement, and will require each of its contractors and assignees to obtain and maintain in effect at all times during which such contractors or assignees are performing work on or within the Property, a policy or policies of insurance, in at least the minimum amounts that Grantee typically requires of its contractors for work similar to the Project. Such liability insurance shall provide that it may not be canceled without at least 30 days written notice to Grantor. Grantee shall provide a certificate of insurance evidencing the required coverage to Grantor prior to Grantee or the contractor or assignee in question entering upon or commencing any construction activity on the Property. G I k I (.00080671.1)) County: Williamson Page 1 of 10 Parcel : 4—Nelson Homestead 08-23-22 Highway: C.R. 112 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 20.586 ACRE (896,713 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOHN L. JUSTICE SURVEY, ABSTRACT NO. 356 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMAINDER OF THAT CALLED 868.54 ACRES OF LAND IN SPECIAL WARRANTY DEED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. RECORDED IN DOCUMENT NO. 1998024076 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED IN VOLUME 1133, PAGE 639 OF THE OFFICAIL RECORDS OF WILLIAMSON COUNTY TEXAS, AND A PORTION OF THE REMAINDER OF THAT CALLED 1,162.08 ACRE TRACT (EXHIBIT A, 3) TO SAID NELSON HOMESTEAD FAMILY PARTNERSHIP LTD. RECORDED IN DOCUMENT NO. 1998024078 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 20.586 ACRE (896,713 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with aluminum cap stamped "CORR-ROW" set 127.57 feet left of County Road (C.R.) 112 Baseline Station 74+73.65 (Grid Coordinates determined as N=10,179,349.33 f E=3,148,393.14), in the proposed northerly Right-of-Way (ROW) line of C.R. 112 (variable width ROW), being the common boundary line of said remainder portion of the 868.54 acre tract and said remainder portion of the 1,162.08 acre, for the POINT OF BEGINNING of the herein described parcel; THENCE, through the interior of said remainder of the 1,162.08 acre tract and said remainder of the 868.54 acre tract,with said proposed ROW line the following twenty one(21)courses: 1) N 09007'44" E for a distance of 8.79 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 133.95 feet left of C.R. 112 Baseline Station 74+79,69, for an angle point; 2) N 37028'32" W for a distance of 7.90 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 141.84 feet left of C.R. 112 Baseline Station 74+79.25, for an angle point; 3) N 52031'28" E for a distance of 140.00 feet to an Iron rod with aluminum cap stamped "CORR- ROW'set 150.20 feet left of C.R. 112 Baseline Station 76+15.24, for an angle point; 4) S 37028'32" E for a distance of 18.40 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 131.86 feet left of C.R. 112 Baseline Station 76+16.61, for an angle point; 5) S 79042'03" E for a distance of 59.24 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 92.00 feet left of C.R. 112 Baseline Station 76+57.40, for a point of curvature to the right; 6) with said curve.to the right, having a radius of 1,592.00 feet, a delta angle of 1°29'03", an arc length of 41.24 feet, and a chord which bears N 59°32'03" E, a distance of 41.24 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 92.00 feet left of C.R. 112 Baseline Station 76+96.25,for a point of tangency; 7) N 60016'34" E for a distance of 1,669.66 feet to an iron rod with aluminum cap stamped"CORR- ROW'set 92.00 feet left of C.R. 112 Baseline Station 93+65.90, for an angle point; 8) S 56058110" E for a distance of 49.70 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 47.81 feet left of C.R, 112 Baseline Station 93+88.66, for an angle point; 9) N 60016'34" E for a distance of 95.61 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 47.81 feet left of C.R. 112 Baseline Station 94+84.27, for an angle point; County: Williamson Page 2 of 10 Parcel : 4—Nelson Homestead 08-23-22 Highway: C.R. 112 10) N 56°58'10" W for a distance of 49.70 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 92,00 feet left of C.R. 112 Baseline Station 94+61.51,for an angle point; 11) N 60°16'34" E for a distance of 1,266.86 feet to an iron rod with aluminum cap stamped"CORR- ROW' set 92.00 feet left of C.R. 112 Baseline Station 107+28.37, for a point of curvature to the left; 12)with said curve to the left, having a radius of 1,308.00 feet, a delta angle of 04°31'19", an arc length of 103.23 feet, and a chord which bears N 58°00'55" E, a distance of 103.21 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 92.00 feet left of C.R. 112 Baseline Station 108+38.86, for a point of tangency; 13) N 34°14'45" W for a distance of 20.00 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 112.00 feet left of C.R. 112 Baseline Station 108+38.86, for a point of non-tangency to the left; 14) with said curve to the left, having a radius of 1,288.00 feet, a delta angle of 14046,47", an arc length of 332.25 feet, and a chord which bears N 48021'52" E, a distance of 331.33 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 112.00 feet left of C.R. 112 Baseline Station 112+00.00,for a point of non-tangency; 15) S 49°01'32" E for a distance of 22.00 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 90.00 feet left of C.R. 112 Baseline Station 112+00.00, for a point of non-tangency to the left; i 16) with said curve to the left, having a radius of 1,310.00 feet, a delta angle of 16041154", an arc length of 381.79 feet, and a chord which bears N 32037'31" E, a distance of 380.44 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 90.00 feet left of C.R. 112 Baseline Station 116+08,02, for a point of tangency; I 17) N 24°16'34" E for a distance of 1,044.76 feet to an iron rod with aluminum cap stamped"CORR- ROW' set 90.00 feet left of C.R. 112 Baseline Station 126+52.78, for a point of curvature to the right; 18)with said curve to the right, having a radius of 1,290.00 feet, a delta angle of 44042'3411, an arc length of 1,006.62 feet, and a chord which bears N 46°37'51" E, a distance of 981.27 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 90.00 feet left of C.R. 112 Baseline Station 135+89.17, for a point of tangency; 19) N 68°59'08" E for a distance of 162.81 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 90.00 feet left of C.R. 112 Baseline Station 137+51.98, for an angle point; 20) N 23°45'38" E for a distance of 56.36 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 130.00 feet left of C.R. 112 Baseline Station 137+91,66, for an angle point; 21) N 21°27'52" W for a distance of 14.77 feet to an iron rod with aluminum cap stamped "WILCO ROW' found, in the existing westerly ROW line of C.R. 110 (variable width ROW), for an angle point; 22) THENCE, with said existing ROW line, being said remainder of the 868.54 acre boundary line, N 68*32108" E for a distance of 12.00 feet an iron rod with aluminum cap stamped "WILCO ROW'found, County: Williamson Page 3 of 10 Parcel : 4—Nelson Homestead 08-23-22 Highway: C.R. 112 23) THENCE, continuing with said common line, S 21°27'52" E for a distance of 294.48 feet an iron rod with aluminum cap stamped"CORR-ROW' set 149.61 feet right of C.R. 112 Baseline Station 138+05.86, for an angle point; THENCE, departing said existing ROW line, through the interior of said remainder of the 1,162.08 acre tract, and said remainder of the 868.54 acre tract,with the proposed southeasterly ROW line of C.R. 112, the following six(6)courses: 24) S 68°32'08" W for a distance of 12.00 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 149,69 feet right of C.R. 112 Baseline Station 137+93.58, for an angle point; 25) N 21°27'52" W for a distance of 19.71 feet to an iron rod with aluminum cap stamped "CORR- ROW'set 130.00 feet right of C.R. 112 Baseline Station 137+93.70, for an angle point; 26) N 66°14'22" W for a distance of 56.79 feet to an iron rod with aluminurn cap stamped "CORR- ROW'set 90.00 feet right of C.R. 112 Baseline Station 137-1-53.39, for an angle point; 27) S 68°59'08" W for a distance of 164.22 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 90.00 feet right of C.R. 112 Baseline Station 135+89.17, for a point of curvature to the left; 28) with said curve to the left, having a radius of 1,110.00 feet, a delta angle of 44042'34", an arc length of 866.16 feet, and a chord which bears S 46037'51" W, a distance of 844.35 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 90.00 feet right of C.R. 112 Baseline Station 126+52.78,for a point of tangency; 29) S 24°16'34"W for a distance of 342.37 feet to an iron rod with aluminurn cap stamped "CORR- ROW' set 90.00 feet right of C.R. 112 Baseline Station 123+10.40, for an angle point, being the cutback to a proposed spur for C.R. 112; THENCE, continuing through the interior of said remainder of the 868.54 acre tract, with the proposed easterly ROW line of said spur, the following four(4)courses: 30) with said cutback, S 20°43'37" E for a distance of 42.42 feet to an iron rod with aluminurn cap stamped "CORR-ROW' set 120.00 feet right of C.R. 112 Baseline Station 122+80.41, at the end of said cutback, for an angle point; 31) S 65°43'48" E for a distance of 253.30 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 46.00 feet left of C.R. 112 Spur Baseline Station 14+73.64, for a point of curvature to the right; 32) with said curve to the right, having a radius of 530.00 feet, a delta angle of 36049'42", an arc length of 340.67 feet, and a chord which bears S 46047'52" E, a distance of 334.84 feet to an iron rod with aluminum cap stamped"CORR-ROW' set 40.00 feet left of C.R. 112 Spur Baseline Station 17+87.02, for a point of tangency; 33) S 29°49'09" E for a distance of 29.49 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 40,00 feet left of C.R. 112 Spur Baseline Station 18+16.52, in the existing northerly ROW line of C.R. 112(variable width ROW); 34) THENCE, with said existing ROW line, being said remainder of the 868.54 acre boundary line, S 60018'18" W for a distance of 80.00 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 40.00 feet right of C.R. 112 Spur Baseline Station 18+16.34, being the proposed westerly ROW line of said C.R. 112 Spur; is County: Williamson Page 4 of 10 Parcel : 4—Nelson Homestead 08-23-22 Highway: C.R. 112 THENCE, continuing through the interior of said remainder of the 868.54 acre tract, with said proposed southwesterly Spur ROW line,the following four(4)courses: 35) N 29°49'09" W for a distance of 29.32 feet to an iron rod with aluminum cap starnped "CORR- ROW'set 40.00 feet right of C.R. 112 Spur PT Baseline Station 17+87.02, for a point of curvature to the left; 36) with said curve to the left, having a radius of 460.00 feet, a delta angle of 35°54'39", an arc length of 288.31 feet, and a chord which bears N 47046'29" W, a distance of 283.61 feet to an iron rod with aluminum cap stamped"CORR-ROW'set 40.00 feet right of C.R. 112 Spur Baseline PC Station 14+73.64,for a point of tangency; 37) N 65°43'48" W for a distance of 253.31 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 120.00 feet right of C.R. 112 Baseline Station 121+94.41, for the beginning of a cutback for C.R. 112; 38) with said cutback, S 69016'23" W for a distance of 42.43 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 90.00 feet right of C.R. 112 Baseline Station 121+64.40, in said southeasterly proposed ROW line of C.R. 112, at the end of said cutback,for an angle point; THENCE, continuing through the interior of said remainder of the 868.54 acre tract, with said proposed southeasterly ROW line of C.R. 112,the following two (2)courses: 39) S 24°16'34" W for a distance of 656.39 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 90.00 feet right of C.R. 112 Baseline Station 116+08.02, for a point of curvature to the right; 40) with said curve to the right, having a radius of 1,490.00 feet, a delta angle of 17011'46", an arc length of 447.19 feet, and a chord which bears S 32052'28" W, a distance of 445.52 feet to an f iron rod with aluminum cap stamped "CORR-ROW' set 90.00 feet right of C.R. 112 Baseline i Station 111+87.83, in the existing northerly ROW line of said C.R. 112, for a point of non- tangency; THENCE, with the common line of said existing ROW, and said remainder of the 868.54 acre tract, the following eight(8)courses: 41) S 60°14'28"W for a distance of 378.47 feet to a calculated angle point; 42) S 59°47'51"W for a distance of 734.98 feet to a calculated angle point; 43) S 59°45'42"W for a distance of 557.94 feet to a calculated angle point; 44) N 17°48'03"W for a distance of 20.48 feet to a calculated angle point; 45) S 59°45'42"W for a distance of 565.90 feet to a calculated angle point; 46) S 61'11'26"W for a distance of 668.35 feet to a calculated angle point; 47) S 60°05'03"W for a distance of 274.21 feet to a calculated angle point; 48) S 59°13'54" W for a distance of 189.54 feet to a calculated angle point, and from which a 1/2" iron rod found bears S 19°22'05" E for a distance of 0.37 feet; County: Williamson Page 5 of 10 Parcel : 4—Nelson Homestead 08-23-22 Highway: C.R. 112 49) THENCE, departing said existing ROW line, with the common line of said remainder of the 1,162.08 acre tract and said remainder of the 868.54 acre tract, S 77006,26"W for a distance of 396.67 feet to the POINT OF BEGINNING, containing 20.586 acres (896,713 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 SATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, 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 direct supervision. WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas. L 'S G �,?z M. Step en TrLIesdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC OF Firm Registration No: 100591-00 6 T!� 1504 Chisholm Trail Road, Suite 103 tilP� oti ` Round Rock, TX 78681 ••.•%-....•.......•»•••••"" IA.STEPH�N TRtI>'S�1E w •�4933 r !� S:\HDR\CR 11ZPARCELS\PARCEL 4\PARCEL 4-NELSON HOMESTEAD.doc SUa D(HfBIT PLAT TO ACCOMPANY DESCRIPTION DETAIL "A" DETAIL "I'" N.;.S. STA. 74+79.25 N.T.S. NELSON HOMESTEAD FAMILY �141.84' LT PARTNERSHIP, LTD. STA. 7&+79 6° L3 REMAINDER PORTION w I O 133 95' LT 1,162.08 ACRES (EXHIBIT "A", 3) O DOC. NO. 1998024078 I O.R.W.C.T. REMAINDER ORIGINAL 1,605.03 AC. TRACT •S19'22'05"E OF DESCRIBED IN VOL 305, PG. 219 I 0.37' D.R.W.C.T. C.R. 112 68.54 AC. NELSON HOMESTEAD UR\/EY P.O.B. FAMILY TIGE S 356 STA. 74�73.65 PARTNERSHIP, LTD. NELSON HOMESTEAD FAMILY ju5 127.57' LT 1 REMAINDER OF PARTNERSHIP, LTD. ONN I-'TRpC� GRID COORDINATES: 1 868.54 ACRES I REMAINDER PORTION 868.54 ACRES Ags N=1C,179,349.33 DOC. NO. 1998024076 DOC. NO. 1998024076 E=3,1�8,393.14 O.R.W.C.T. STA. 76+16.61 O.R.W. srSTA. 76+,5.za ��g6' LT � DESCRIBEDED IN d 150.20' LT STA. 76+57.40 VOL. 1133, PG. 639 NELSON HOMESTEAD 92.00, LT O.R.W.C.T. 20.586 AC. FAMILY SEE DETAIL "A' STA 76+96.25 896.713 SQ. CT. PARTNERSHIP, LTD. L3 92.00' LT REMAINDER OF N60'16'34"E 1,669.66' 868.54 ACRES S7), PROPOSED R.O.W. DOC. NO. 1998024076 0626 SEE DETAIL "I'" Lj Z O.R.W.C.T. Gr 3g6.6� L31 eo.00 -- L30 s5-oo �r 75•°0____�:'-,--'-._ _ . - -. :. 1. 2s=E=-G68-3-' x U 4 N .12 " - IS7+PIFr E2 - -� a 1 n r NO. DIRECTION DISTANCE Z L1 N09'07'44"E 8.79' _° r_vsa L2 N37'28'32"W 7.90' 1 uev� LI""�__ n L3 N52'31'28"E 140.00' L4 S3T28'32"E 18.40' I L5 S79'42'03"E 1 59.24' 1 NUMBERI DELTA RADIUS LENGTH CHORD CHORD BEARING L30 S60-05'03"W 1 274.21 I I1 C1 1 1'29'03" 1 1592.00' 1 41.24' 41.24' N59'32'03"E L31 S59'i 3'54"W t 189.54' PARCEL FLAT SHOWING PROPERTY OF C8/23/2022 I N L A N D k GEODETICS = NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. PARCEL 4 PROFESSIONAL LAND SURVEYORS 20.586 AC. 1504 CHISHOLM TRAIL RD.STE.103 896,713 SO. FT. ROUND ROCK,TX.78681 PH.(512)235-1200,FAX(512)238-1251 SCALE PROJECT FIRM RECLS-rRATION NO.100591-00 1�� _ 200' WILLIAMSON COUNT! CR 1 1 2 PAGE 6 OF 10 E-Y. HIB1T PLAT TO ACCOMPANY DESCRIPTION NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. REMAINDER PORTION 368.54 ACRES ROE GOO. NO. 0 R.W 98024076 L JuSC ICNO -56 DESCRIBED IN OHa 1RA VOL. 1133, PG. 639 B s O.R.W.C.T. _-- --'.IP=_ANE CO. _ E—S£MENT c40.FC.s9. EN?ERPRISE .,. i CRUCE PIPELINE. A001TIONAL :CO.N0.201700355 3'EA S_UEN :.'. � •�•'. STA. 94+61.51 896,713 SQ. FT. STA 93+65.90 92.00 LT 92.00' _ N60'16'34"E 1,266.86' ` STA. 94+84.27 PROPOSED R.C.W- STA. 93+88.66 ";L7 .:47.81 LT 0 Lu + Z 0 r 90.00 47.81 LT X. 95.00 C.R. 112 ENGINEER'S SASE !NE 100-00 J`n =O U 0 cc --564= 26- S59�,5 4 _ S59' — - - S)---�— — — — — —_—_ —— — — — — — ——E-XlSrlN& r}C1N.— — v, / \\Ln NO. DIRECTION DISTANCE \ p L6 S56'58'10"E 49.70' L7 N60'16'34"E 1 95.61' 0 L8 N56'58'10"W 1 49.70' -- �sTwsla JNE L29 N17'48'03"W 1 20.48' N LAND PARCEL PLAT SHOWING PROPERTY 0= 08/23/2022 GEODET'ICS & NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. PARCEL 4 " PROFESSIONAL LAND SURVEYORS 20.586 AC. 150,CHISHOLM TRAIL RD.STE.103 896.713 SO. FT. ROUND ROCK,TX.78681 PH.(512)238-1200.FAX(512)238-1251 SCALE PROJECT FIRM REGIS'rRATOM1 NO.100591-00 1" = 200' WILLIAMSON COUNTY CR 1 1 2 PAGE 7 OF 10 EXHIBIT PLAT TO ACCOMPANY DESCRIPTION SURVEY NO. DIRECTION DISTANCE jUSTIGE L9 N34'14'45"W 20.00' NELSON HOMESTEAD FAMILY JOHABSTRAG I NO. 356 L10 S49'01'32"E 22.00' DETAIL "8" PARTNERSHIP, LTD. s� N.T.S. L21 S24'15'34"W 342.37' y9 REMAINDER PORTION 1162.08 ACRES U L22 S20'43'37"E 42.42' (EXHIBIT "A" ` ° n , 3) 0 yr• L23 S65'43'48"E 253.30' ' DOC. NO. 1998024078 p L24 S29'49'09"E 29.49' O.R-W.C.T. 06 y�o° L25 S60'18'18"W 80.00' ORIGINAL 1605.03 AC. TRACT PR �� L26 N29'49'09"W 29.32' DESCRIBED IN VOL. 305, PG. 219 1' L27 N65-43'48'W 253.31' D.R-W.GT• '\b - �` I L28 S69'16'23"W 42.43' NZik Zi• 1��. \ro`� STA. 123+10.40 pSF-� Ei O. 6 S e�Sj �8 P� 90.00' RT STA. 116 0+ 8.02 ! \ Q�pP �NG�N�L°* o +80.41 120.00' RT STA_ 107+28.37 89827138SQ �. 90.00 LT mood STa 112+00.00 \C•- 39 / s �� 92.00' LT STA. 105+38.36 112.00' LT CR 112 SPUR 1 12.00' LT 2 \/� R O ��Sia 46.00' LT 121-64.40 f 14+73.64 NBC-,6,-4 / 90.00 LT / PRp 524 6 J 90.00' RT lr 46. " 1.26B.0.,E G ��/STA. 12'.+94.41 O k C2 C`� t- 120.00' RT + o \5'0o NELSON HOMESTEAD FAMILY a c a= STA. 108+38.86 / / PARTNERSHIP, LTD. \,• c 92.00' LT �� sEE DE A1L "s' REMAINDER PORTta"68.54 ACRES \ Ito-oo _-_ DOC. NO. 1998d24076 CR 112 SPUR 4 ----- C9. , _ - - �- O.R.W.C.T. sra t4+T.6q CD ��10-00 STa 116+08.02 C') �l - -` ----_--r 90.00' R7 DESCRIBED'IN 4C.00' RT ` ------ '-- ---_ EXISTING VOL. 113a PG. 639 CR 112 SPUR I N -_- -- -___-- R.O.W. O.R.W.C.T. Sra 17+87.02 FFF or R OV-w 40.00 RT SEE !1 r 5?A 1 n+87.65 -_--- ___ �RRt� S60-78'13"w T 77.a7.oz DEraL ' OEµAIS 90.0o RT -cXfST7Nv-n=�-_�,---�� ---- ---------- l26 T. sTA.11�+87.02 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING � 400..00oo LT C2 0 4'31'19" 1,30 .00' 103.23' 103.21' N5 '00'55"E CR_t t2 SPUR 4 STA_ 18+16.34 CR 112 SPUR C3 14'4647 1,288.00 332.25 331.33 N4 82152E 40.00' RT 10• SrA. 18+16.52 C4 16'41 54" 1,310.00' 381.79' 380.44' N32737'31"E L�LO C7 36'49'42" 530.00' 340.67' 334.84' S46'47'52"E __jZL1Q t~�i 5 60.00' 288.31' 283.61' N4T46'29"WC8 355439 4 C9 17-11'46" 1,490.00' 4-47.19' 445.52' S32'52'28"W oE 20.59.96 08/25/2022 PARCEL PLAT SHOWING PROPERTY 0= I N LA N D GEODErICS = NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. PARCEL 4 PROFESSIONAL LAND SURVEYORS I ZO.S86 AC. Y 1504 CHISHOLM TRAIL RI).STE-103 896,713 SQ. Ff. ROUND ROCK,TX.7S681 PH.(512)238-1200.FAX(512)238-1251 SCALE PRCJECT FIRM REGISTRA'MON NO.10059t-00 1" _ 20,c)' WILLIAMSON COUNTY CR 112 PAGE 8 OF 10 EXHIBIT PLAT TO ACCOMPANY DESCRIPTION NO. DIRECTION DISTANCE L11 N24-15'34"E 1,044.76' L12 N68'59'08"E 162.81' NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING L13 N23'45'38"E 56.35' C5 44'42'34" 1,290.00' 1,006.62' 981.27' N46'37'51"E L14 N21'27'52"W 14.77' C5 44742.34" 1,110.00' 856.16- 844.35' S46'37'51"W L15 N68'32'08"E 12.00' L16 S68'32'08'W 12.00' ' L17 N21'27'52"W I 19.71' \� L18 N66-14.22W 56.79' \ STA. 137+91.56 L19 S68-59.08"W 164.22' STA. 135+89.17 13a.00' Lr L20 S24-16'34"W 342.37' 90.00' LT \\ C5 PROPOSED R. 0 W STA 90 001 9T / SrA 137+91.55 °N.Ta" STA. 126+52.78 '4-4.77' LT 17 DETAJL "C' R 5 6p5E� co %35:Q0\o� �13 d� T■L%S c. C6 PROPOSED�,R. p \ �� A 11 ry O Y„ 4STA 135+89.17 a �19 ^ ^ ` gVERY `ti y 90.00 T `'v �ao.00 NETS A, 20.586 AC. STA. 137+53.39 ry _ \, o/v a� N srA. 126+52.78 896,713 SQ. FT. T 9 - O ) 90.00' R0.00' RT \?kw, a / STA. 137+93.70 DETAIL "D' \ o / 130.00• RT _ NELSON HOMESTEAD FAMIL' STA. 137+93.58 PARTNERSHIP, LTD. 149.59' RT 40 REMAINDER PORTION 868.54 ACRES NELSON HOMESTEAD N�. N STA_ 138+05.56 DETAJL DOC. NO. 1998024076 r FAMILY d 149.61 RT N.rs. O.R.W.C.T. PARTNERSHIP, LTD. ;4�j DESCRIBED IN REMAINDER PORTION �� s <� O VOL. 1133, PG. 639 �� 1,162.08 ACRES ^ pie o m O.R.W.C.T. (EXHIBIT "A", 3) DOC. NO. 1998024078 �ry a 2 ,, `* V -y I O.R.W.C.T. N STICE SUR ORIGINAL �3 �pHN L. J T NO. 356 1,605.03 AC. TRACT Vo �" �16 ABSTR^p DESCRIBED IN VOL. 305, PG. 219 `- D.R.W.C.T. PARCEL PLAT SHOWING PROPERT" OF 08/23/2022 INLAND . GEODETICS = NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. PARCEL 4 PROFESSIONAL LAND SURVEYORS 20.586 AC. .504 CHISHOLM TRAIL RD.STE.103 896,713 SQ. FT. ROUNO ROCK,TX.78681 Y PH.IS?2)238-1200.FAX(512)238-1251 SCALE PROJECT F1RK REGISTRATION NO.100591100 1" = 2C0 WILLIAMSON CCUNTY CR 1 1 2 PAGE 9 OF 10, EXHIBIT LEGEND PLAT TO ACCOMPANY DESCRIPTION 4, 60D NAIL FOUND -^ LINE BREAK p 1/2 " IRON ROD W/ ALUMINUM CAP � � DENOTES COMMON OWNERSHIP STAMPED "WILCO—ROW" FOUND P.O.B. POINT OF BEGINNING p IRON ROD WITH ALUMINUM CAP ( } RECORD INFORMATION STAMPED "CORR—ROW" SET P,R.W.C.T. PLAT RECORDS p IRON ROD WITH PLASTIC CAP WILLIAMSON COUNTY, TEXAS FOUND — AS NOTED D.R.W.C.T. DEED RECORDS 1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS p TxDOT TYPE II CONCRETE O.R.W.C.T. OFFICIAL RECORDS MONUMENT FOUND WILLIAMSON COUNTY, TEXAS 0 CALCULATED POINT O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS E PROPERTY LINE 1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas State Plane Coordinate System, NAD 83. Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. GT2200988, ISSUED BY TEXAN TITLE INSURANCE COMPANY, EFFECTIVE DATE JULY 22, 2022, ISSUE DATE AUGUST 3, 2022. 10C. PIPELINE EASEMENT GRANTED TO LONE STAR GAS COMPANY AS SET OUT IN VOLUME 238, PAGE 184, OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, (AS IT PERTAINS TO TRACT 1 ONLY), DOES NOT AFFECT. D. RIGHT—OF—WAY AND PIPELINE EASEMENT GRANTED TO SEMINOLE PIPELINE COMPANY, AS SET OUT IN VOLUME 840, PAGE 699, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SUPPLEMENTED BY THAT CERTAIN SUPPLEMENTAL PIPELINE RIGHT—OF—WAY AGREEMENT, AS SET OUT IN VOLUME 2169, PAGE 795, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, (AS IT PERTAINS TO TRACT 3 ONLY), AFFECTS AS SHOWN. E. NON—EXCLUSIVE PIPELINE EASEMENT AGREEMENT GRANTED TO ENTERPRISE CRUDE PIPELINE, LLC, AS SET IN INSTRUMENTS) FILED FOR RECORD UNDER WILLIAMSON CLERK'S FILE NO. 2017003557; FURTHER STIPULATED IN THAT CERTAIN MEMORANDUM OF MERGER. AS SET IN INSTRUMENTS) FILED FOR RECORD UNDER WILLIAMSON CLERK'S FILE NO. 2020082921, (AS IT PERTAINS TO TRACT 3 ONLY), AFFECTS AS SHOWN. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETEjtMINE4 BY A SURVEY MAD OK THE i DER!MY DD SUPERVI 104 �FE*F.�, M. S PHEN RUESDAL DATE REGISTERED PROFESSIONAL = )� Eh LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 sV� 1504 CHISHOLM TRAIL ROAD. SUITE 103 ROUND ROCK, TEXAS 78681 PARCEL PLAT SHOWING PROPERTY OF 08/23/2022 INLAND .. GEODETICS = S NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. PARCEL 4 PROFESSIONAL LAND SURVEYORS 20.956 AC. 1504 CHISHOLM TRAIL RD.STE 103 896,713 SO. FT. ROUND ROCK,TX.78681 PH.(512)235-1200,FAX(512)238 1251 SCALt PROJECT FIRM REGISTRATION NO.100597-00 1" _ 20C WILLIAMSON COUNTY CR 1 12 PAGE 1 0 OF 1 0 EXHIBIT Form ROW-N-PUA « Il (12/12) A Replaces Form ROW-N-7 PARCEL 5 Page 1 of POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS § § Parcel No.: 5 COUNTY OF WILLIAMSON § Project: CR 112 This Possession and Use Agreement For Transportation Purposes (the"Agreement") between CITY OF ROUND ROCK,TEXAS ("Grantee"), and NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to CR 112 and related utility adjustments (the "Project"). The property subject to this Agreement is described more fully in field notes, plat map or other description (attached as "Exhibit A") and made a part of this Agreement by reference(the"Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and sufficiency of which is acknowledged,the Grantor grants,bargains,and conveys to Grantee the right of entry and exclusive possession and use of the Property for the purpose of constructing a roadway, utility adjustments and all related appurtenances thereto and the right to remove any improvements thereon. Authorized activities on the Property include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work j required to be performed in connection with the Project. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, providers of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Project. This grant will allow the construction, relocation, replacement, repair, improvement,operation and maintenance of utilities on the Property only. 2. In consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the Grantee will tender to the Grantor the sum of ONE HUNDRED TWENTY-FIVE THOUSAND THREE HUNDRED NINETY-THREE and 00/100 Dollars ($125,393.00). The Grantor agrees that this sum represents 90% of the amount that Grantee has determined constitutes adequate and full compensation for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon tender of payment as set out herein, subject to the conditions in Paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of the Grantee's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the Grantee's determination of the just compensation owed to the Grantor for the real property interest to be I acquired by the Grantee in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the Grantee has paid for the possession and use of the (.00080672.1J III�III��I�II�IIII t * N P U A Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 2 of 9 Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the Grantee, the Grantor will promptly refund the overpayment to the Grantee. In the event the amount of the final settlement or court judgment for acquisition of the Property is greater than the amount Grantee has paid for the possession and use of the Property under this Paragraph 2, Grantee will remit the underpayment to Grantor when required under the final settlement or court judgment. 3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2 above was tendered to the Grantor by the Grantee, or delivered by Grantee to a title company acting as escrow agent for the transaction, with unconditional instructions to such escrow agent to immediately release such payment to Grantor upon escrow agent's confirmation that no liens or other monetary encumbrances affect the Property (the"Effective Date"). 4. The Grantor warrants and represents that, to Grantor's actual knowledge, the title to the Property is free and clear of all monetary liens and encumbrances except as disclosed to Grantee in that certain title commitment numbered GF#202301512 dated effective June 8, 2023 issued by Heritage Title Company of Austin Inc., as agent for First American Title Insurance Company, and that proper releases will be executed for such liens and encumbrances (if any) prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns (or, to Grantor's knowledge, claims) an interest in the fee title to the Property and further agrees to indemnify the Grantee from all unrelated or undisclosed liens or other monetary encumbrances affecting the Property. 5. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent domain proceeding purposes,will be the Effective Date of this Agreement. 6. This Agreement is made with the understanding that the Grantee will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and other interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The Grantee's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the Grantee until entry of judgment. 8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at the current time and (.00080672.1)) Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 3 of 9 continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor expressly acknowledges that the proposed Project are for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Project, based upon claims that the condemning authority has no authority to acquire- the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the Grantee to take and use all other minerals and materials thereon,and thereunder. 10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against the Property until the Effective Date, including prorated taxes until the Effective Date for the year in which the Grantee takes title to the Property. Grantor shall have no liability for ad valorem property taxes and special assessments assessed against the Property for any period after recording of a memorandum of this Agreement. 11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the Grantee acquires title to the Property either by agreed final settlement, or final court judgment,whereupon this Agreement shall automatically terminate. 12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 13. It is agreed that Grantee will record a memorandum of this Agreement on or about the Effective Date in the property records of the county in which the Property is located,evidencing the existence of this Agreement. The Agreement itself will not be recorded. The memorandum will not contain an information regarding the consideration paid or to be paid to Grantor by Grantee and will 7 Y g g otherwise be in a form mutually acceptable to Grantor and Grantee. The recording of the u memorandum will not modify the terms of this Agreement. Upon termination of this Agreement for any reason, either Grantor or Grantee may record an affidavit in the county property records evidencing such termination. 14. Other conditions: See Addendum attached hereto and made a part hereof. 15. By its authorized signature below the following Tenants which have a leasehold interest in the Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein: Tenant: Davidson Brothers j1 (.00080672.I)) r Farm ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 4 of 9 At no time duringthe he possession of the Property by Grantee for the purposes described herein shall Grantor or Tenant be denied reasonable access and/or ingress to or egress from the Remainder for its current uses without prior advance agreement between Grantor and Grantee. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the limitations set forth above. [signature pages fo11o111] s i f v 3 t, (.00080672.1}} Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 5 of 9 GRANTOR: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership By: Nelson Homestead Management, L.L.C., its general partner By: e• Name: n C.Nelson Title: Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF 7K-OhlO This instrument was acknowledged before me on this the 25-day of August, 2023 by John C. Nelson, Manager of Nelson Homestead Management, L.L.C., the general partner of Nelson Homestead Family Partnership,Ltd., in the capacity and for the purposes and consideration recited herein. ot►RY Py@` Gloria A Velasquez *! Notary Public,State of Texas Comm.Explros 01/03/2024 Notary Public, State of texas Notary ID'2w4i08� Printed Name-610vi•-- V2lws L My Commission Expires: (.00080672.1)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 6 of 9 TENANT: Davidson Brothers By: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WI&W ,U500) This instrument was acknowledged before me on this the 't5' day of August, 2023 by DEiCnts DIP yirDSoA), in the capacity and for the purposes and consideration recited herein. o. Y P�9G Gloria A Velasquoz V t.�!✓J *: * Notary Public,state of Texas Comm,Expires 01/03/2024 "�oF Notary ID+28UID 3 Notary Public, State f T s Printed Name:C-rIWC, �065Q-uEL My Commission Expires: u!/03/,ZOz� (.00080672.1)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 7 of 9 GRANTEE: CITY OF ROUND ROCK,TEXAS By: Craig Morgan, Mayor ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the day of , 2023 by Craig Morgan, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas Printed Name: My Commission Expires i I v (.00080672.1)) Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 8 of 9 ADDENDUM TO POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES This Addendum to Possession and Use Agreement For Transportation Purposes (this "Addendum") is made a part of, and is to be read in conjunction with, the attached Agreement. Unless otherwise defined in this Addendum, all capitalized terms used shall have the meaning given to them in the Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Addendum and those contained in the Agreement, the terms and provisions of this Addendum shall control and govern. 1. Grantee shall construct the Project substantially in accordance with those certain plans and specifications dated August 4, 2023 (currently at 95% submission level), prepared by HDR Engineering, Inc., and any subsequent comments, revisions or updates approved by Grantee for final project bidding and permitting, and any subsequent change orders approved during construction, provided that in all events the Project will not change to result in the abandonment of the eastern portion of existing CR 112 between Ponce De Leon Pass and CR 110 without the prior written consent of Grantor. Grantee shall use its best efforts to notify Grantor of any subsequent revisions, updates or change orders to such plans and specifications that could materially affect future use and development of the Remainder, such as changes related to road alignment, access points, median breaks/turn-in lanes, drainage and utilities(including stubs and connections). f 2. Grantor and Grantee acknowledge that Grantee has made an offer to Grantor for the acquisition of the Property based on Grantee's approved value and that Grantor intends to submit a counteroffer to Grantee. If Grantor and Grantee fail to reach a final agreed settlement for Grantee's acquisition of the Property within 60 days after the date Grantor submits a counteroffer to Grantee, Grantor may, at its option, at any time thereafter, notify Grantee that it desires that Grantee initiate condemnation proceedings for the Property. Within 30 days after receipt of such notice from Grantor, Grantee will undertake to complete any final prerequisites to filing of a condemnation suit as required by the Texas Property Code, Chapter 21, and as soon as reasonably possible thereafter (and in any event within 90 days after receipt of such notice from Grantor), shall initiate condemnation proceedings and will seek to schedule a Special Commissioners' hearing at the earliest possible date. Grantee covenants that it will take all procedural steps necessary to ensure that the hearing is held in a timely manner and without any delays caused by Grantee. Grantee agrees to deposit the award of the Special Commissioners in the registry of the court within 60 days of the date that the Special Commissioners' award is filed with the court. 3. Grantee agrees to conduct its Project-related activities on the Property in a manner that avoids or minimizes interference with and interruption of any tenant's operations on the Remainder (including avoiding loss of or injury to livestock)to the extent reasonably possible. If any such activities will impact a tenant's operations,Grantee shall coordinate same in advance with such tenant. In no event shall any existing fence located on the Property be removed, cut, modified, or otherwise damaged by Grantee or its contractors within thirty (30) days following the Effective Date, by which time Grantor shall have completed installation of new perimeter fencing for the Remainder at such location. In no event shall any such new fence be removed, cut, modified, or otherwise intentionally damaged by Grantee or its contractors without the prior written approval of Grantor and Tenant,which approval shall not be unreasonably withheld or delayed. In addition, if Grantor or any tenant of Grantor requests that Grantee, as part of Grantee's acquisition of the Property or the conduct of its Project-related activities on (.00080672.1)) Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 9 of 9 the Property, reasonably cooperate with Grantor or such tenant as necessary for carrying out the existing agricultural and ranching operations on the Remainder and/or continuously maintaining all existing Agriculture Use ad valorem tax exemptions on Remainder tracts, Grantee agrees to do so. 4. To the extent allowed by law, Grantee will be liable for all damage or injury to persons or property resulting from the activities of Grantee, its agents, employees, contractors, subcontractors, or other parties in coming upon or about the Property in connection with Grantee's activities upon the Property under this Agreement, including but not limited to losses or expenses incurred by Grantor or Tenant due to unauthorized damage caused by Grantee or its contractors to any fencing, livestock, growing crops or property of Grantor, Tenant or their respective agents or employees. Grantee will also promptly discharge any lien claim filed against the Remainder that arises out of the Project. Specifically without waiving any available governmental immunity, Grantee acknowledges and agrees that Grantor shall be allowed to seek any existing legally available remedies for any damages incurred by Grantor due to Grantee's breach of this Agreement. 5. Grantee will obtain, and maintain in full force and effect, at all times during the term of this Agreement, and will require each of its contractors and assignees to obtain and maintain in effect at all times during which such contractors or assignees are performing work on or within the Property, a policy or policies of insurance, in at least the minimum amounts that Grantee typically requires of its contractors for work similar to the Project. Such liability insurance shall provide that it may not be canceled without at least 30 days written notice to Grantor. Grantee shall provide a certificate of insurance evidencing the required coverage to Grantor prior to Grantee or the contractor or assignee in question entering upon or commencing any construction activity on the Property. f 5 ?i k l 5 f 1.00080672.1}} County: Williamson Page 1 of 4 Parcel : 5—Nelson Homestead 08-23-22 Highway: C.R. 112 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.305 ACRE (13,269 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOHN L. JUSTICE SURVEY, ABSTRACT NO. 356 AND THE WILLIS DONAHOE SURVEY, ABSTRACT NO. 173 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMAINDER OF THAT CALLED 868.54 ACRES OF LAND IN SPECIAL WARRANTY DEED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. RECORDED IN DOCUMENT NO. 1998024076 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED IN VOLUME 1133, PAGE 639 OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS., SAID 0.305 ACRE (13,269 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with aluminum cap stamped "CORR-ROW' set 82.58 feet right of County Road (C.R.) 112 Baseline Station 72+50.00 (Grid Coordinates determined as N=10,179,049.77 E=3,148,326.63), in the existing southerly Right-of-Way (ROW) line of C.R. 112 (variable width ROW), same being the common boundary line of said remainder portion of the 868.54 acre tract, for the most northwesterly corner and POINT OF BEGINNING of the herein described parcel, and from which a 1/2" capped iron rod found at the southeasterly intersection of C.R. 117 (variable width ROW) and said C.R. 112, being the northwesterly corner of the remainder of that called 27.03 acre tract described in Special Warranty Deed to Nelson Homestead Family Partnership, LTD, recorded in Document No. 9828296 of the Deed Records of Williamson County Texas, bears, S 54°53'55" W at a distance of 207.13 feet to a calculated angle point,thence S 52°57'09"W at a distance of 183.23 feet; t 1) THENCE,with said common line, N 54053'55" E for a distance of 261.11 feet to calculated point, being the northwesterly corner of a remainder portion of that called 92.18 acre tract described in a Special Warranty Deed to North Paloma Lake Development, Inc. recorded in Document No. 2014004361 of the Official Public Records of Williamson County, Texas, for the northeasterly corner of the herein described parcel; i 2) THENCE,with the common line of said remainder portion of that called 92.18 acre tract and of said remainder portion of the 868.54 acre tract, S 37025'23" E for a distance of 176.39 feet to an iron rod with aluminum cap stamped "CORR-ROW' set 254.90 feet right of C.R. 112 Baseline Station 75+20.78, in the proposed ROW line of said C.R. 112 (variable width ROW), for the southeasterly corner of the herein described parcel; THENCE, departing said remainder portion of that called 92.18 acre tract, through the interior of said remainder of the 868.54 acre tract, with the proposed southerly ROW line of C.R, 112, the following five (5)courses: 3) S 52031128"W for a distance of 19.27 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 266.98 feet right of C.R. 112 Baseline Station 75+01.55, for an angle point; 4) N 37028'32" W for a distance of 82.20 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 173.91 feet right of C.R. 112 Baseline Station 74+96.95, for an angle point; 5) N 80052'16" W for a distance of 87.20 feet to an iron rod with aluminum cap stamped "CORR- ROW' set 114.00 feet right of C.R. 112 Baseline Station 74+33.59,for an angle point; 6) S 55044'01" W for a distance of 183.59 feet to an iron rod with aluminum cap stamped "CORR- ROW'set, 114.00 feet right of C.R. 112 Baseline Station 72+50.00, for an angle point; County: Williamson Page 2 of 4 Parcel : 5—Nelson Homestead 08-23-22 Highway: C.R. 112 7) N 34015169"W for a distance of 31.42 feet to the POINT OF BEGINNING,containing 0.305 acres (13,269 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 Slate Plane Coordinate System, Central Zone No. 42.03, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILL.IAMSON § That I, 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 rnade on the ground under my direct 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 ;--� OF Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 ..„......................- Round Rock, TX 78681 M.STER01 MUFS"L �~ d9:i.9 t jQ' yy�°,0ras�°.��0 S:\HDRMCR 11ZPARCEMPARCEL WARM 5-NELSON HOMESTEAD.doc v sUa �, EXHIBF PLAT TO ACCOMPANY DESCRIPTION NO. DIRECTION I DISTANCE L1 S52'31'28"W 19.27' , L2 N37'28'32"W 82.20' 7-- L3 N80'52'16"W 87.20' 1 L4 S55'44'O1"W 183.59' L5 N34'15'59W 31.42' L, �USC( N�' 5I8A5EL1NE,5}00 1I 'OHNBS�RA O.R. jt2 E11G`NE• �1C1G ROtN 11L �1� P � l EX,S C.R• vAR1E5� `�, P.O.B. W o cX15�. STA. 72+50.00 52.58' RT 261 V7 GRID COORDINATES: N=10,179,049.77 N5�5-D f 70+p0 E-3.148,326.63 E� 20�•13- L4 2SMISISLE SURVEY UNE_S5a 53 55-� - - - - --�~114.00'�RT -- $J•L� STA. 72-50.00 5 55� 5�.Og W \ 114.00 Rr 13,269 SO. 173.91' RT N DOC.N0. 482829o"J- - _ NELSON HOMESTEAD FAMILY �� 25 75-zo.7a PARTNERSHIP, LTD. zs4.90 Rr w \ REMAINDER OF 868.54 ACRES sra 7s+o1.55 e! 3 DOC. NO. 1998024076 255.98' RT / O.R.W.C.T. �= c NELSON HOMESTEAD FAMILY DESCRIBED IN o PARTNERSHIP, LTD VOL. 1133, PG. 639 0'3 REMAINDER OF 27.03 AC. \ NORTH PALOMA LAKE ) D.R.W.C.T. U N DOC. NO. 9828296 DEVELOPMENT, INC. �' O.R.W.C.T. S�R,E� \ 1 REMA N1DER PORTION OF 92.18 AC. ILLIS O0RPGO �0 i� DOC, NO.CALLED201400436) \N AgS O.P.R.W.C.T. C8/23 2022 PARCEL PLAT SHOWING PROPERTY 0� PARCEL 5 CEODETICS: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. 0.305 AC. .Oa O�. O SUR�a 1 Sa CML.OLM Taus RO.STc 105 13,269 SO. FT. FouvD lk=.Tx 73531 SCALE PROJECT FIRMaeabUT"N0.110A91:2 1' = 100' WILLIAMSON COUNTY CR 112 PAGE 3 OF 4 S:�i:4—nR�J::CTS\ R1'J\r RC°LS\? RCE� ',F,,SON\p wF \ELSOk.drg EXHIBIT PLAT TO ACCOMPANY DESCRIPTION LEGEND O IRON ROD WITH ALUMINUM CAP DENOTES COMMON OWNERSHIP STAMPED "CORR—ROW" SET P.O.B. POINT OF BEGINNING p IRON ROD WITH PLASTIC CAP ( ) RECORD INFORMATION FOUND — AS NOTED P.R.W.C.T. PLAT RECORDS 1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS p TxDOT TYPE II CONCRETE WILLIAMSON COUNTY, TEXAS MONUMENT FOUND O.R.W.C.T. OFFICIAL RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS P PROPERTY LINE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS J�r LINE BREAK WILLIAMSON COUNTY, TEXAS 1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. GT2200988, ISSUED BY TEXAN TITLE INSURANCE COMPANY, EFFECTIVE DATE JULY 22, 2022, ISSUE DATE AUGUST 3. 2022. 10C. PIPELINE EASEMENT GRANTED TO LONE STAR GAS COMPANY AS SET OUT IN VOLUME 238, PAGE 184, OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, (AS IT PERTAINS TO TRACT 1 ONLY), DOES NOT AFFECT. D. RIGHT—OF—WAY AND PIPELINE EASEMENT GRANTED TO SEMINOLE PIPELINE COMPANY, AS SET OUT IN VOLUME 840, PAGE 699, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SUPPLEMENTED BY THAT CERTAIN SUPPLEMENTAL PIPELINE RIGHT—OF—WAY AGREEMENT, AS SET OUT IN VOLUME 2169, PAGE 795, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, (.AS IT PERTAINS TO TRACT 3 ONLY), DOES NOT AFFECT. E. NON—EXCLUSIVE PIPELINE EASEMENT AGREEMENT GRANTED TO ENTERPRISE CRUDE PIPELINE, LLC, AS SET IN INSTRUMENT(S) FILED FOR RECORD UNDER WILLIAMSON CLERK'S FILE NO. 2017003557; FURTHER STIPULATED IN THAT CERTAIN MEMORANDUM OF MERGER, AS SET IN INSTRUMENT(S) FILED FOR RECORD UNDER WILLIAMSON CLERK'S FILE NO. 2020082921, (AS IT PERTAINS TO TRACT 3 ONLY), DOES NOT AFFECT. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DET�IINED BY A SURVEY MADE Opt THE � G.�D/U DER MY,Bt� SUPERMSIO�IC ,' C7 M. STItPHIfN1TRUESOAI1E DATE ti TRI REGISTERED PROFESSIONAL %a 4= v r LAND SURVEYOR NO. 4933 � LICENSED STATE LAND SURVEYOR �iyO"E!!R� INLAND GEODETICS. LLC SUK FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE: 103 08/23/2022 OUNn ROCK TEXAS 7RAP PARCEL PLAT SHOWING PROPERTY OF GEODfrlcs= & NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. P.30ARC5 AC p.c.c`O —NO wRve n IS04 CHtSHOW TrA1LRO.M.103 PROJECT 13,269 SQ. ROUND z)zw12 CI(.TX.S1Z)Z3 i SCALE CR 112 PAGE 4 OF 4 R161D23e-1200,FA11 10OSi-IZSI WILLIAMSON COUNTY 14 FlRrRx�snunowHo.3oossl-ao 1" = 100 R109657 NELSON HOMESTEAD FAMILY PARTNERSHIP LTD R545897 NELSON HOMESTEAD FAMILY PARTNERSHIP LTD R052370 AVERY RANCH COMPANY LTD & LSA TRUST R056156 _. NELSON HOMESTEAD ._._ •ter, -f FAMILY PARTNERSHIP LTD R442958 .` NELSON HOMESTEAD FAMILY PARTNERSHIP LTD J PROP ROW h R451 262 R381643 NELSON HOMESTEAD _ NELSON HOMESTEAD FAMILY PARTNERSHIP LTD PRop R '- FAMILY PARTNERSHIP LTD gyp+ PpP R474962 R NELSON HOMESTEAD FAMILY PARTNERSHIP LTD R056155 _ NELSON HOMESTEAD pP �Zn FAMILY PARTNERSHIP LTD PROP ROW PROP ROW ', ��. CR 112.PROP ROW R381655 NELSON HOMESTEAD FAMILY PARTNERSHIP LTD NELSON HOMESTEAD FAMILY R109645 ' > PARTNERSHIP LTO J NELSON HOMESTEAD FAMILY PARTNERSHIP LTD Soo 7E0 loon 4 SCALE IN FEET HDR TRANSPORTATION DEPARTMENT r CR 112 { NELSON FAMILY PARTNERSHIP