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Contract - Avery Ranch Co Ltd - 9/28/2023 DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92 "REALESTATE CONTRACT CR 112 Right of Way THISREAL ESTATE CONTRACT ("Contracf') 'I's made by and among AVERY RANCH COMPANY, LTD., a Texas limited partnership; Marta C. Avery, Trustee of the MARTA C. AVERY EXEMPT TRUST, a sub-trust of the Charles N. Avery III Exempt Trust under the LSA Trust Agreement effective December 24, 1992; John S. Avery, Trustee of the JOHN S.AVERY EXEMPT TRUST;A.Nelson Avery,Trustee of the A. NELSON AVERY EXEMPT TRUST; and Lucille Christina Avery Fell, Trustee of the LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST (collectively referred to in this Contract as "Seller",whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to *in this Contract as "Purchaser"),upon the terins and conditions set forth M* this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller agrees to sell and agrees to convey, and Purchaser agrees to purchase and to pay for: a fee shnple interest *in all of that certain 6.345-acre (276,374 square foot)tract of land out of and situated *in the Thomas Toby Survey, Abstract No. 625 (Seaborn. Travis S-141) and the Thomas Glasscock Survey, Abstract No. 255, both *in Williamson County, Texas; more fully described *in Exhibi�A" attached hereto and *incorporated herei; together with all and ,,,singular the rights and appurtenances pertaining to the property, 'including any right, title and interest of Seller 'in and to adjacent streets, alleys or fights-of-way and any improvements and fixtures situated on and attached to the Land not otherwise retained by Seller (all of such real property, rights, and appurtenances being referred to *in this Contract as the"Land'); and a drainage easement interest *in and across (a) a 0.029-acre (1,258 square feet) tract of an out of the Thomas Glasscock Survey, Abstract No. 255, Williamson County, Texas-, said tract being more particularly described by metes and bounds and by sketch as set forth "in Exhibit "B-l"),, attached hereto and *incorporated herei by reference for all purposes; and (b) a 0.030-acre (1,290 square feet)tract of land out of the Thomas Glasscock Survey, Abstract No. 255, Williamson County, Texas; said tract being more particularly described by metes and bounds and by sketch as set forth *in Exhibit "B-_2," attached hereto and m* corporated herem* by reference for all purposes(collectively,the "Drainage Easement Area7), for the consideration and upon and subject to the terms, provisions, and conditions set forth below. The interests to be conveyed by Seller to Purchaser pursuant to this Contract are collectively referred to herem' as the "Property."' ARTICLE 11 PURCHASE PRICE Mi.v owe �10 (W1244920.9) DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92 Purchase Price 2.01. The Purchase Price for the Property, compensation for any mprovements, on the Property, and for any damage or cost of cure for the reconfiguration of the remaining property of Seller shall be the sum of ONE MILLION FIVE HUNDRED THOUSAND and 00/100 Dollars ($1.9500.9000.00). P g= nt of Purchase Price 2.02. The Purchase Price shallbe payable *in cash or other good funds at the Closing. Special Provisions and Additional Considerat-io-11 Is 2.03. UtiMLIMmprovements. As additional consideration for the purchase of the Property, and as an obligation which shall survive the Closing of this transaction, as part of the proposed CR 112 roadway n* nprovement project("Project")upon the Property, Purchaser shall cause, at its sole cost and expense, the following additional 'improvements ("Utility Improvements") to be constructed as a part of the Project. Conduit for da utilities 4x 170 LF of 6" SCH 80 PVC 16"Waterl m* e 2x 170 LF of 16"PVC 2x 170 LF of 24" Steel Encasement Encasement for reclaimed water I x 180 LF of 18" Steel Encasement Wastewater line Extension lx70 LF of 24" Steel Encasement 1 x70 LF of 12"PVC DR-21 1 –Wastewater manhole(precast) The horizontal aligment of the proposed Utility Improvements shall be in substantial compliance with the locations as shown on the CR 112 Conduit Exhibit attached hereto as Exhibit "C" or as othe *se dete 'ned by Purchaser's P "ect design engineering consuitant rwi rrm r0i using best engm* een*-ng practices and any requirements of the City of Round Rock ijesign and Construction Standards ("DACS"), and the prelimiary plans and specifications dated March 28, 2023, titled "95% Submittal" prepared by RPS Group on behalf of the City of Round Rock, Texas Transportation Department, and any subsequent updated versions which follow, or as otherwise subsequently agreed between Purchaser and Seller *in the Project field. 0 If,prl*or to or after Closing, Purchaser,its agents and/or contractors require access over or use of a portion of Seller's real property that 'is adjacent to the Property (the "Seller's Retained Land") to complete the Project, then Purchaser shall, at Purchaser's sole cost and expense, prepare for Seller's review and approval, which approval shall not be unreasonably Withheld, (WI244920.9) 2 DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92 conditioned, or delayed, a temporary license agreement over me Seller's Retained Land; p Wed, however, that such license shall among other things- (a) only be of a duration rovi reasonably necessary to complete the Project, (b) only affect the portion of Seller's Retained Land that 'I's adjacent to the Property and extending a maximum distance of twenty-five feet(25') as measured by a line running perpendicular to the common boundary between the Property and Seller's Retained Land, (c) *include an exhibit which references monumented survey boundary points and border distances for the affected portion of Seller's Retained Land prepared by Purchaser, (d) provide that Purchaser shall promptly repair any damage caused to Seller's Retained Land an*sm* g from Purchaser's, its agents' and contractors' use of the same, (e) be subject reasonable rules and regulations imposed by Seller, *including those stipulating minfinum, requirements for insurance to be maintained by Purchaser, (f) include an obligation whereby, to the extent allowed by law Purchaser, its agents and contractors shall agree to release, indemnify, and otherwise hold Seller harmless from any damages or other losses to owner or any third party result' from any acts or onn*ssions performed under the limited right of possession herein, and Ing (g)not be recorded by Purchaser. Purchaser shall require construction and *installation of the Utility Improvements in a good and workmanlike manner *in compliance with any requirements of the City of Round Rock DACS and all applicable laws. Upon completion of the construction of the Utility Improvements and formal acceptance of the Project by the City of Round Rock, Purchaser shall have no further obligation or warranty for operation or maintenance of the Utility Improvements, and Seller, its successors or assigns shall follow required application or permittm- g procedures,if any, for future access to or use of the Utility Improvements. ARTICLE III CONDITIONS PRECEDENT Conditions to Purchaser's,,,,,,,,,,,,Obllgragtgions 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the conditions *in Section 3.02 below(any of which may be waived in whole or*in part by Purchaser at or prior to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Clos' Ing. Con, ditions to Seller"§Obligations 3.03. The obligations of Seller hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the conditions "in Section 3.04 below (any of which may be waived *in whole or*in part by Seller at or prior to the Closing). 3.04. Purchaser shall have performed, observed, and complied with all of the covenants, a agreementsand conditions required by this Contract to be performed, observed, and compli , ed I with by Purchaser prior to or as of the Closing. (WI244920.9) 3 DocuSi'gn Envelope ID:5A9O897F-D604-48FF-8309-DEE43AC85D92 ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date,to the current,actual knowledge of Seller.- (a) There are no parties *in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than those that shall be terminated by Seller prior to the Closing; (b) Seller has complied with all applicable laws, ordinances, reg-palations, statutes, rules and restrictions relating to the Property, or any part thereof. 4.02. The Property herem' 'is beig conveyed to Purchaser 'in lieu of and under threat of condemnation. ARTICLE V CLOSING ® - . p I _g Date 5.01. The Clos' shall be held at the office of Longhorn Title Company (the "Title Ing Company") on or before October 15, 2023, or at such other time, date, and place as Seller and Purchaser may agree in writing if necessary to allow Seller to satisfy the Conditions Precedent (which date is herem' referred to as the"Closing Seller's Obligations at Closing 1W 5.02. At the Clos* Seller shall: Ing (1) Deliver to the Title Company a duly executed and acknowledged Deed conveying good and indefeasible title *in fee s* le to Purchaser as to all of the Land described M' Exhibit IMP "A"', free and clear of any and all liens and restrictions, except for those matters set forth 'in the Deed. (2) The Deed shall be *in the form as shown in Exhibit"D"attached hereto. (3) Deliver to the Title Company a duly executed and acknowledged Storm Sewer and Drainage Easement grantig an easement over the Drainage Easement Area, free and clear of any and all liens and restrictions, except for those matters set forth in the Storm Sewer and Drainage Easement. (4) The Storm Sewer and Dram* age Easement shall be 'in the form as shown in Exhibit attached hereto. (W1244920.9) 4 Doc Sign Envy UD:5 08 7F- �50 8F '-8 0 C 3 C85Q 2 (5) ®Provide reasonable assistance as requested and, at no cost to Seller, to Cause Title Company to provide Purchaser, at Closing, a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, *in Purchaser's favor *in the full amount a insuring Purchaser's fee siiinple and/or easement interests m and to the Property, as applicable, subject usual form of Texas Owner's Title Policy,,provided, • (a) The boundary and survey exceptions shall be deleted (*in the event Purchaser obtains and provides a survey acceptable to the Title Company for such purposes); (b) The exception as to restrictive covenants shall be endorsed "None of Record", 'if applicable; and (c) The exception as to the lien for taxes shall be ffinited to the year of closm* g- and shall be endorsed"Not Yet Due and • (6) Deliver to Purchaser possession of the Property elf not previously done.• shall:Purchaser's Obliggligns at Cloo ® (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be estimated shall valuation and(b)the relative area of the Property as compared to the larger tax parcel of which it is a part, but otherwise be the continuing obligation of Seller, to the extent relating to the taxes,time period on and prior to the Closing Date. Agricultural roll-back if any, which directly result from the completion of this transaction and conveyance shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy, requested Title Policy endorsements, and survey to be paid by Purchaser. (2) Deed, Purchaser. DocuSig n Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92 6 • (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively as *incurred. ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may, as its exclusive remedies: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit, if any, shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not bem* g in default hereunder, Seller shall have the night to receive the Escrow Deposit, if any, from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations miposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as 'Its total damages and relief and as Seller's sole remedy hereunder *in such event. If no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any failure by Purchaser. In the event Purchaser shall fail to diligently pursue and complete 'its obligations under Section 2.03 of this Contract, Seller Will be entitled to any and all rights and remedies available to Seller at law or in equity. For the avoidance of doubt, the foregoina sentence shall survive the Clos' under this Contract. Ing ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified maiel'. return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth -P opposite the signature of the party. Texas Law to A Mly 8.02. This Contract shall be construed under and m' accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable 'in Williamson County,,Texas. (W1244920.9) 6 IDoc,uSign Envelope D.5A90897F-D604-48FF-8309-DEE43AC85D92 Parties Bound 8.03. This Contract shall be bm' dm* g upon and m* ure to the benefit of the parties and their respective heirs, executors, admu" listratorsl legal representatives, successors and assigns where perrmtted by this Contract. Legalfonstruction * 0 8.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be M" Valid, 'Illegal, or unenforceable *in any respect,this M* validity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal,or unenforceable provisionhad never * been contained herem. Prior A eements Superseded gL_ 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 'Time of Essence 8.06. Tm* e is of the essence 'in this Contract. Gender 8.07. Words of any gender used 'in this Contract shall be held and construed to M' clude any other gender, and words in the singular number shall be held to *include the plural, and vice versa,unless the context requires otherwise. 8.08. INTENTIONALLY DELETED. Cpplian ,mce 8.09. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date ity 8.10. This Contract shall be effective as of the date it is approved by the City Council of the Cof Round Rock,which date is indicated beneath the Mayor's or other authorized signer's signature below. CountgWarts (W1244920.9) 7 DocuSign Envelope ID-5A90�897F-ID,6 -- 8FF-8309-DEE43AC85D92 8.11. This Contract may be executed 'in any number of counterparts, which may together I M* 'dered constitute the Contract. S'gnatures transmitted by facsu' m'le or electro c mail may be consi effective as originals for purposes of this Contract. [SIGNATURE PAGES FOLLOW] (W1244920.9) 8 DocuSign Envelope SELLER: COMPANY,AVERY RANCH TD., ipartnership By.- UAC, Inc , . . , Its: General'Partner �cu Ign d . Name, Avery . John S. Its-. 'Presiqn�/,2,023 acu n Avery,John S. 'Trustee of the Jahn t Trust co Sio no A. kt&%& A." A.Nelson Avery, Trustee of the A. Nelson Ave Exempt Date: 9/171;G23 Lucille Christm* a,Avery Fell, Trustee the uei H Fell Exempt Trust Date: 9/12/2023, nes Marta C.Avery,Trustee of the Marta,C. cExempt Trust, Charles .Avery III Exempt Trust under the LSA stt t D ate 9 A,F/r 2 0 2 3 Address, . . Flahive 100 Congress . , Suite 1300Austin, ., .. DocuSig�n,Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92 PURCHASER. 11 CITY OF ROUND ROCK, TEXAS By Address: 221 E. Mam' Street Craig Morgap Mayo Round Rock,Texas 78664 1 Date (WI244920.9) 10 DocuSign Envel -,83,019-DEE43AC85D92 County:l 'Williamson Page 1of6 Parcel : I- Avery Exempt Trust 01-04-23 Highway: C.R. 112 A EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 6.345 ACRE (276,374 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT' NO. 625 (SEABORN TRAVIS . S-1141) AND THE TH,OMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 IN WILLIAMSON COUNTY1, TEXAS, BEING PORTIONS OF THAT CALLED 42.776 ACRE (TRAGT4) AND OF THAT CALLED 97.472 ACRE (TRAGT 5) OF LAND DESCRIBED, IN A TRUSTEE'S �DEED TO MAR TA C. AVERY EXE,MPT'TRUST RECORDED IN DOCUMENT NO. 2021038922 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTYI, 'TEXAS, PER TITLE GF NO. GT2200987 THE RECORD TITLE TO THE ABOVE MENTIONED LAND APPEARS TO BE VESTED, IN CHARLES NEEDHAM AVERY, 111, TRUSTEE OF THE EXEMPTION EQUIVALENT TRUST, CREATED UNDER THE WILL OF CHARLES NEEDHAM AVERY, JR., DECEASED., AVERY RANCH COMPANY,11 LTD.- JOHN S. AVERY, CHARLES N. AVERYP III, A, NELSON AVERYI AND LUCILLE CHRISTINA AVERY FELL, TRUSTEES OF THE CHILDREN OF LUCILLE SHARP AVERY EXEMPT TRUSTS 01-SATRUST"I WHIICH ENCOMPASS THE FOLLOWING 'TRUSTS.- THE JOHN S. AVERY EXEMPTTRUST, THE CHARLES N. AVERY' III EXEMPT TRUSTS THE A. NELSON AVERY EXEMPTTRUST AND THE LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST;1 MARTA C. AVERY, AS TRUSTEE OF THE MARTA C. AVERY EXEMPT TRUST,A SUB-TRUST OF THE CHARLES N. AVERY III EXEMPT TRUST UNDER THE LSA TRUST! SAID 6.345 ACRE (276,3714 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNI •NG at an iron rod with aluminum cap stamped '1000RRROW' set 79.00 feet left of County Road (C.R.) 112 Baseline Station 1112+45.22 in the existing easterly Right-of-Way (ROM line of A.W. Grimes Boulevard (F.M. 1460) (vianiable width ROW), (Gin"d Coordinates determined as N=1 00770219.72 E�3 ■ ,1142,639.02), same being the westerly boundary line of said 42.776 acre tract,for the northwesterly comer and POINT OF BEGINNING of the herein described parcel; THENCE, departing the ROW line of said A.W. Grimes Boulevard, with the proposed, northilerly ROW li• ne of ad C.R. 112, through the ante mor of said 42.776 acre tract and said 97.472 acre tract, the following, four (4) sal I n I courses: 1) N 8603111811 E for a distance of 278.73 feet to an iron rod with alumlinum cap "I' .m set 79.00 feet left of C.R. 112 Baseline PC Station 15+231.95,for a point of curvature to the left; •2) With said a curve to the left having a radius of 3,,4211,,.100 feet, a delta angle of 16046129", an arc lengt'h of 1,001.69 feet, and a chord which bears N 177*1018'03"' E, a distance of'9198.01 feet to an iron rod with a ■ luminum cap stamped "CORR-ROW" set 79.00 feet left of C.R. 112 Baseline PT Station 25+148,.,67, for a point of I ; ency 9 11 3) N 68*44149" E, at a distance of 272.40 feet pass the easterly boundary line of said 42.776 acre tract, same being the westerly boundary line of said 94.472 acre tract and continuing for a total distance of 1 • ,667.48 feet to an iron rod with aluminum cap stamped"CORR-ROVirl set 79.00 feet left of C.R. 112 Baseline PC Station 42+16.15, •for a point of curvature to the right; 4) With ® curve to the right having a radius of 20,0179.00 feet,a delta angle of 011"'13119",an arc length of 428.24 feet, and a chord which bears N 69*21'28" E, a distance0f 428.23 feet to an iron rod with aI uminum cap stamped "CORR-ROW' set 79.00 feet left of C.R. 112 Baseline Station 46+42.70in the westerI y boundary line of the remainder of that called 868.54 acre tract of land described In a Special Warranty �Deed to Nelson Homestead Family Partnership, LTD. recorded In Document, No. 1998024076 of the Offid"al Public Records of Williamson County, Texas, same being In the easterly boundary line of said 97.472 acre tract,for the northeasterly comer of the herein described parcel;i 5) Thi ENCE, departing said proposedROW line• ,with the common boundary line of said remainder of the 868.54 acre tract and said 97,472 acre tract, S 108004'42" E at a distaince of 7.15 feet pass an iron ■ rod with aluminum cap stamped "CORR-ROW" set 72.00 feet left of C.R. 112 Baseline Station 46+41.23 and continuing for a total distance of 102.99 feet to a calculated point, being the common comer of said remainder of the 868.54 acre tract and said 97.472 acre tract, same being the existing northerly, ROW line of C■ .R. 112 (vaniable width RO'", for the southeasterly corner of the herein described parcel, A, DocuSign Envelope ID:5A9I -D604-48FF-8309-DEE43AC85D92 County, Williamson Page 2 of 6 Parcel : 1— Avery Exempt Trust 01-04-23 Highway. C.R. 112 THENCE,departing the remainder of said 868.54 acre tract,vAth said existing northerly ROW line, same being in part the southerly boundary line of said 97.472 acre tract and in part the sou�therly line of said 42. I 776 acre tract,the folowing seven(7)courses.- 6) S 70`006'3511 W for a distance of 6.61 feet to a calculated angle point-, 7) S 68,104914711'W for a distance of 1,900.61 feet to a calculated ell corner. 8) N 20*55P20"W for a distance of 10.00 feet to a calculated ell corner; 9) S 691004 114011 W for a distance of 269.75 feet to a calculated point of curvature to the right; • 10) VVith said curve to the right having a radius of 1,460.00 feet, a delta angle of 15059102",an arc length of 407.30 feet, and a chord which bears S 77"00411"W, a distance of'406.98 feet to a calculated point of non-tangency; 11) S 89038'09"W for a distance of 250.80 feet to a calculated angle point; 12) S 8601,03143111 W for a distance of 641.24 feet to a TxDOT Type 11 concrete monument found at the intersection of said existing northeirly ROW line of C.R. 112, and said existing easterly ROW line of A.W. Gr•imes Boulevard (F.M. 1460), same being the southwesterly corner of said 42.776 acre tract, for the siouSMI westerly corner of the herein described tract* S 13) THENCE; departing said existing C.R. 112 ROW line, ffl• ith said existing easterly ROW line of A.W. I Gimes r , same beI"'ng the westerly bolunda�ry line of said 42.776 acre tract,mduth a curve to the left having a radius of 11,1186.92 feet, a dielta angle of 00'049'60", an arc lenigth of 17.19 feet, and a chord which bears N 01'*22'041P W, a distance of 17.19 feet to the POINT OF BEGINNING containini 6.345 acres 9 (2716,374 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 It 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,'WilII'amson County,Texas. IZ3 I . Step fien'Tri isdale Date Re gistered Professional Land Surveyor No.4933 OF Li!censed State Land Surveyor 00 ser R Inland Geodefics Firm Registration Noe. 1005,91-00 1504 Chisholm Trail Road,Suite 103 Round Rock,TX 78681 4M, C -IRPS NORTH AMERIC=R.I I I 1P ARCEL1-AVERY-TRUST.doc GRID -i ExHorr A �. PLAT TO ACCOMPANY COORDINATES: - - - . 02 VFY u eOuBs s - _ - — e CinL;lsqc NOMARTA C. AVERY EXEMPT TRUST ff4 —T (TRACT 4) 79.002 LT - DOC. NO. 2021038922 - __ O. . AP -- - 27-* P -- -95 79-00w 1.71 n= f6.M AC. 276v374 SQ. Fr. t - a j E� F 'E _t z� - = 9 — =z _ — Y - PLAT TO ACCOMPANY DESCRIP77ON €VERS —DISTANCE— _E - e rION - - CT 11 Li N20*55"20"w_ 10.00 —OF PARCEL THREE . 2-00120713356 — T g 652MARTA C. AVERY EXEMPT TRUST I ACT 4)— MARTA C. AVERY oL j _ _ EXEMPT TRUST DOC. NO. 2021038922 (TRACT 5) ®472 —. DOC. NO. 2021038922 — — T STA. 25+4Z.67O.P.R.W.C.T. 79M' LT - E , 667-48ty 7 N68044p49*E 272.4 6.345 S IN t 4 ■ — — F now 5+00 = C— 7v— — sly ' E — _ _— - - � R.O.W. _ �S6,ErQ �7 . � AC-. — 12 _ ¢3 - -_ _— — - EXISTING R.O.W.Ln - - y co — ! IL r4 a 3 _ cn ABSTRI 1 UL co NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING LL :LC3I:::j (15-59"02 (i A60.00 p (407.29 coGo CD RE: 01/04/2023 PARCEL PLAT SHOWING PROPER CL E EODErICS AVERY EXEMPT TRUST 6.M AC. 71,9681 m - i o3 2769374 s Fr. R(siz ntv-limlm 012)U&-12$t WILLIAMSON COUNTY CR 112 PAGE 4 OF C PFIG A ULHIBff PLAT TO ACCOMPANY DESCRIPTION AVERY UNCH COMPANY. LTD-- REMNANT PORTION OF PkRCE-L THREE TRACT 11 MC4- NO-- 200207171336 0.P_R_WP . .T. . 773 v -V U A L , '-. 652 D.R.W.C.T. MARTA C. AVERY EXEMPT TRUST (TRACT 5) 97.472 AC. GL t4o. DOC. NO. 2021038922 O.P.R.W.C.T. IVA- N0-8*44149"E 19667.48' PROPOSED R.O.W. 6.346 AC. 2 76t374 SQ. Fr. LOA 12 EINGINEFER'S BASELINE 0 0Lj Ld -Z7-7/+[ z + 00 co S6849"47"W 1,900.51' EXISTING R�O.W. a C.R. 112 kr) < CD (R.O.w. WIDTH VARIEU ( 0SlEN$lkLE $QFrvt 200501 C*9:Z)DOC. NO ui w cm CD I LL LL OD 0 I-T3 CT co CD REV: 01/04/2023 PARCEL PLATI SHOWING PROPERTY OF N L A N D PMCEL 1 (-EODETICS AVERY EXEMPT TRUST 0 rmort.100MAL LAND Wwwxy0ft 151"c"ls*Kxm Tm Flo.M7110 3 276X4 SQ. ff, > ROOND ROM TX,78"1PROJECT SCALE MGM 12SI USOMMS14239-12sl _W WILLIAMSON COUNTY CR 112 Mm I 100' PAGE 5 OF 6 NKELS PARC -\P R—_- -20� -0 -CA a A�RW A\CR 1 A Ut 5 NNOFFR�H AMM -- PLAT TO ACCOMPANY DESCRIPTION NELSON HOMESTEACIFAMILY PARTNERSHIP, mu. NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING REMAINDER OF 868.54 ACRES----- C2 1*13"19 1 20.0,729.001511 428.24" 1 42&23' N6W21"28"E DOC. NO. '1998024076 MARTA C. AVERY EXEMPT TRUST O.P.R.W.C.T. V_y DESCRIBED IN CK sUR L (TRACT 5) VOL 1"133, PG. 639 ASSCO STX 42+16.15 THOMA 03 C' NO. 25 5 79.00' L71 97.472 AC. D R W.0 J. W ABSTRA DOC. NO. 2021038922 En N16Er44049"E 1 667.48' O.P.R.W.C.T. 01 17 STA_ 46+4Z70 _6 6 79.00" LT PROPOSED R.O.W. 715 U3 STA. 46+41-23 +1 V6 m N ® LT 0 6.W AC. 0z 276X4 SO. FT. 00 C0 Lo Q C.R. 112 D4CMEER'S BASELINE Co 40+'00 00 _mzLW1 N%f W Lf) ff 3 _3 XIS!1!3 4 9 LIP .0.W W1 VARIES Q�SM&BLLSIIIWEY UNE S70*0,6'352'W EXIST4NG -R,-G-W— 6.61 LEGEND i) A111 bearings shown hereon are based on grid bearing. All distances are surface d stances. Coordinates are surface values based on Lhe Texas Stme Plane Coordinate Systern. NAD 83, 0 IRON ROD WITH ALUMINUM CAP Central Zone. STAMPED "CORR—ROW" SET THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR �9711 0 IRON ROD WITH PLASTIC CAP INSURANCE GF NO. GT2200987, ISSUED BY TEXAN TITLE IINSURANCE COMPANY9 EFFECTIVE DATE FOUND — AS NOTED . 1/2-0 IRON ROD FOUND SEPTEMBER 27. 2022, ISSUE DATE OCTOBER 11- 2022 0 go TxDOT TYPE 11 CON'C-RE7E N 10C. RIGHT—OF—WAY (QUIT CLAIM) DEED GRAKTED TO WILLIAMSON COUNTY, AS SET OUT IN VO U M E 73. MONUMENT FOUND Cb a PACE 652, OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, (AS IT PERTAINS TO TRACT -0 N LY) Ln & CALCULATED POINT co AFFE(_,'TS AS SHOWN. 0 PROPERTY LINE HEREBY CERTIFY THAT THIS PLAT IS TRUE AND L t IT IN" BREAK W CORREXT-AND THAT THE PROPERTY SHOWN HEREON ;L OF WAS DETE NE BY A SX IF MADE THE gp* DEN07_S COMMON OWNERSHIP cli G 0 ND E MY DftTT SUPERVII K SAP P.O.B. POINT OF BEGINNING % T oo a Q& 111 'k % RECORD INFORMAIJON U_ U_ D.R.W.C.T.- DEED RECORDS co RA. S Tf P AL DATE _0 SMEPKA met- REGISTRE D PROFESSIONALW11WAMSON COUNTY, TEXAS 090 'Jim T LAND SURVEYOR ® 4933 O.P.R.W.C.1. OFFICIAL PUBLIC RECORDS 0 LICENSED STATE LAND SURVEYOR WIWAMSON COUNTY, '117-EXAS LL INLAND GEODETICS A cri FIRM REGISTRATION NO. 100591-00 SU- 00 a 1504 e%'#'HISHOLM TRAIL ROAD, SUITE 103 cm ROUND ROCK, TEXAS 78681 REV. 01/04/2023 I N L A N D PARCEL PLAT SHOWING PROPERTY OF PARCEL 1 E0DE_rr.1CS GA 0 AVERY EXEMPT TRUST 6.4W AZ� 276#374 SQ. FT. 1504 C"SHOW TRW W.SM 1,03 C; Pt0U,,N,0 IkCCX.'FX 78U I SCALEPROJECT W 100" WILLIAMSON COUNTY CR112 PAGE 6 OF 6 0- 11 T 9 3 -CA __D� A 0-47--A C R AORI PA CL -kPA-CEL -A E RUS -C DocuSign Envelope ID- - -8�309-DEE4�3AC85D92lI County.- Williamson Page 1 of 3 Parciel -, 1-E PART 11—Avery,Exernpt Trust 01-04-23 Highway-, C.R. "112 EXHIBITB �l PROPERTY DEg–C—RIPTION DESCRIPTION OF A 0.029 ACRE(1 1,12518 SQUARE FOOT)PARCEL OF LAND SITUATED IN THE THOMAS GLASSCOCK SURVEY,ABSTRAGT NO, 255 IN WILLIAMSON COUNTY,,,,TEXAS, BEING A PORTION OF THAT CALLED 42.776 ACRE (TRACT 4)AND OF THAT CALLED 97.472 ACRE(TRACT 5)OF LAND DESCRIBED IN A TRUSTEE`S DEED TO MARTA C—AVERY EXEMPT TRUST RECORDED IN DOCUMENT N110. ICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, PER TITLE GF NO. GT2200987 THE RECORD TITLE TO THE ABOVE MENTIONED LAND APPEARS TO BE VESTED, IN CHARLES NEEDHAM AVERY, III, TRUSTEE OF THE EXEMPTION EQUIVALENT TRUST, CREATED UNDER THE WILL OF CHARLES NEEDHAM AVERY,JR., DECEASED:AVERY RANCH COMPANY,,, LTD: JOHN S. AVERY, CHARLES N. AVERY, 111, A. NELSON AVERY, AND LUCILLE CHRISTINA AVERY FELL, TRUSTEES OF THE CHILDREN OF LUCILLE SHARP AVERY EXEMPTTRUSTS OLSA TRUS17, WHICH ENCOMPASS THE FOLLOWING TRUSTS: THE JOHN S. AVERY EXEMPT TRUST, THE CHARLES N. AVERY III EXEMPT TRUST, THE A. NELSON AVERY EXEMPT TRUST AND THE LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST; MARTA C. AVERY, AS TRUSTEE OF THE MARTA C. AVERY EXEMPT TRUST, A SUB-TRUST OF THE CHARLES N. AVERY III EXEMPT TRUST UNDER THE LSA TRUST, SAID 0.029 ACRE(1 2518 SQUARE FOOT)PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated' point, '79.00 feet left of County Road (C.R.) 11,112 Baseline Station 27+99.26 in the proposed northerly Right-of-Way (ROW)i knie of"C.R. 112 (varl'able width ROW,), (Grid Coordinates determined as N=10,177,554.50 E=3,1144,123.214), i Iln the interior of said 42376 acre tract,for the southwesterly corner and POINT OF BEGINNING of the herein described parcel and from which an iron rod with alluminum cap stampled "CORR-ROW set 79.00 feet left of County Road(C.R.),112 Baseline Station 25+48.67 in said proposed northerly ROW line bears S 68'0144'49"W at a distance of 250.60 feet; THENCE,,departing the proposed ROW line of said C.R. 112,through the interior of said 42.776 acre tract and said 197.472 acre tract,the folloWing!three(3)courses- 1) N 080414149" E for a distance of 60.68 feet to a calculated point, for the niorthweste�irly comer of the herein described parcel; 2) S 810116111" E, for a distance of 30.00 feet to a calculated point, for the northeasterly corner of the herein described parcel; 3) 8 "W for a distance of 33.26 feet to a calculated point in said proposed northie0i ROW line of C.R. 112m, y for the southeasterly corner of the herein described parcel; 4) THENCE, continuiing through the interior of said 42.776 and 137.472 acre tracts, with said proposed ROW line, S 68*441149"W,,a distance of 34.64 feet to the POINT OF BEGINNIING,containinig 0.029 acres 1(1 258 square feet) of land,,more or less. Thiription is accompanied by a separate,parcel plot. All bearings recited herein are based on the Texas State Plane Coordinate Systerril, Central Zone No.4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: C10UNTYOF WILLIAMSON § I That 11 M.Stephen Truesdaliel, a ReigIstereld Professional Land Slurve, or,do hereby certify that the above description is true y 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 supervisilon. WITNESS MY D AND SEAL at Round Rock,Wilt son County,Texas. 1e-phdwn' Truesiale at Registered Professional Land Surveyor No.4933 6 T gr' Licensed State Land Surveyor A*. Inland Geodetics Firm Registration No: 11005191-001 1504 ChisholmTrail Road,Suite 103 Round Rock,TX 7E*81 '0 SU SARPS NORTH AMERICACR 11 ZPARCEL&PARCEL I E PART I-AVERY-TR USTAEV.doc SU .m QX IB ff B � l PLAT TO ACCOMPANY DESCRIPTION i ANVAERY EMNANT CHS UrD. RPOFvr!ON sr cK SURVEY OF PARCELTHREE sTRACCT 11 VIOMAq GL A- DOC. NO. 20020741336 c.T NO- MA NO. DIRECTION DISTANCE AB5'r 773. n_ _- 652 0 RL T:N RW.r--T Ll N08*44149"E 50.58 D, L2 S81*15'11 1"E 30.00 L3 S08*44`49 33-26" "W MARTA C. .6AVERY EXEMPT TRUST / MARTA C. AVERY L4 S68*44*49"W 344 (TRACT 4) EXEMPT TRUST 42.776 AC. PT STA_ 25+48.67 DOC. NO. 2021038922 F (TRACT 5) 79.00- O.R.W.C.T. /A 97.472 AC. DOC. NO. 2021038922 ORW . . .c.T. PROPOSED R.O.W. I A Mr"`49"W 250.601 PART 1 It P,OsBs '%E IT STk 27+99.26 4 0.029 Aa 79.00' LT 1 w= SQ. Fr. GRID COORDINATES: N=10.177.554-50 + di E=3,144ol 2324 26+00 Ck 112 ENGINMS BASEUNE hil EXISTING R;C�� Z77 .W- 3- 04 X A2 Ln EXISTING R.O.W. co Wilawms-m- CMUTY. cn TRCT 7 C.R. 112 Aq '3403 AC.) ui (R.O.W. WIDTH VARIES) w DOC'. NO, 2001501 0.P.R-W*rw`.Tl_ 0"_0_STZ-WSi_B_%Lf7_URVfY__uN_E cn co U- 7- VEY co 9UR c i )NAHIDE EXISTING R.O.W. EXISTING R.O.W. IOS [D 11, 73 1 E N . ve WIL_ c RA ABS LL C) cri ol/.04/2023 Ln PARCEL PLA T SHOWING PROPERTY OF PMCEL 1 E b I N L A N D GEODETI ICS AVERY EXEMPT TRUST PmT 1 P%cov��tAIM S%0WVTYCM 0.029 Wo. 1504 CHFPC"MIL ItD.STE'103 1 OM SO. FT. ROUND ROM rx_-7"9 1 (SIZ)us-12M MX(SIZ sc PROJECT WILLLAMSON COUNTY CR 112 PAGE 2 OF 3 Ap AME; \PA -y ST-REVxwe __EL PARC E_ AvE-A;z-- NOR- PAR� A\ R g2 LHIeff B PLAT TO ACCOMPANY DESCRIPPON LEGEND IRON ROD WITH ALUMINUM CAP P.O.B. POINT OF BEGINNING STAMPED "CORR—ROW" SET r RECORD INFORMATION IRON ROD WITH PLASTIC CAP P.R.W.C.T. PLAT RECORDS FOUND — AS NOTED WILLIAMSON COUNTY, TEXAS 1/2mlRON ROD FOUND D.R.W.%ODEED RECORDS WILLIAMSON COUNTY- TEXAS TxDOT TYPE I' CONCRETE O_R.W__%O - OFFICIAL RECORDS MONUMENT FOUND WILLIAMSON COUNTY, TEXAS CALCULATED POINT O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS PROPERTY LINE WILLIAMSON COUNTY, TEXAS LINE BREAK DENOTES COMMON OWNERSHIP 1) All bearings shown hereon are based on grid beaming. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Coor idinote System, NAD 83, Central Zone. 1HE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TIT U INSURANCE GF NO. GT2200987 LISSUED BY TEXAN TITLE INSURANCE E COMPANY, EFFCTIVE DATE SEPTEMBER ,27, 2022ISSUE DATE OCTOBER 2022. RIGHT—OF—WAY (QUIT CLAIM) DEED GRANTED TO WILLtAMSON COUNTY, AS SET OUT IN VOLUME 773., PAGE 652, OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS,, (AS IT PERTAINS TO TRACT 1 ONL)F . DOES OT AFFECT. 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MAD-- ON THE GROUND UNDER MY D1 ECT SUPERVISION. W I E( S T 0 co LL Lt anomalies ao M : U_ PHEN.STL 4STEPHEN T FTU E'S D A L E DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 4M LICENSED STATE LAND SURVEYOR 0A. + INLAND GEODETICS U_ FIRM REGISTRATION NO. 100591-00 41 SU 00 1504 CHISHOLM TRAIL ROAD. SUITE 103 co ROUND ROCK, TEXAS 78681 < 01/04/2,023 PARCEL PLAT SHOWING PROPERTY OF I N L A N D PARCEL 1 E GEODETICS CL PMT 11 P*CdF9SSND*4AL LAND SURNOVYWAS 0 AVERY EXEMPT TRUST 01m W-0. 6) 1 SO4 CMMMM TRAIL RD,STL 103 > ROUND ROM TX-76681 C Pic(Sia 2"_1 Ift fAx(S]2)236-12si S CALE PROJECT LU FNM KEGS WTM M591-0 1 500 WILLIAMSON COUNTY CR 1192 PAGE 3 OF 3 T I X, A R C PARCE_ `—P —AVERY—IRLIS RPS T_ AVER CA\ CR DocuSign Envelope Williamson Parcel . I-E PART 2-Avery Exempt Trust Rev. 01-03-23 l lighway.- C.R. 112 EXHIBIT Owm2 PROPERTY DESCRIPTION ,DESCRIPTION e m IN THE THOMAS GLASSCOCK I SURV IN 11 L TEXAS, BEING A PORTION ,, I Iliu (TRACT 5) OF LAND I DESCRIBED, m �I I I IL iI I , PER TITLE GF NO. GT2200987 THE RECORD TITLE TO THE ABOVE I DOCUMENT IT IN CHARLES NEEDHAM TRUSTEE OF THE EXEMPTION CREATED UNDER THE WILL OF AVERY,IIlls EQUIVALENT TRUST, CHARLES NEEDHAM AVERY, ., „ LTDO, JOHN S. AVERY, CHARLES N.m III, CHRISTINA A. NELSON AVERY,AND LUCILLE L,TRUSTEES OF THE CHILDREN OF LUCILLE TRUSTSSHARP AVERY EXEMPT FOLLOWINGTRUST& THE JOHN S. TRUST,AVERY EXEMPT THE CHARLES AVERY III EXEMPT TRUST, THE A. NELSON AVERY EXEMPT TRUST N. AND THE LUCILLE CHRISTINA AS TRUSTEE OF THE MARTA C. TRUST; C.AVERY, AVERY EXEMPT TRUSTVI A SUB-TRUST OF THE CHARLES N. AVERY III EXEMPT TRUST UNDER THE LSA TRUST SAID ® ,290 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED FOLLOWS:AND BOUNDS AS BEGINNING at a 11 ted point, left of Colunty . .), 1'12 Basel proposed northierty, Right-of-WayC.R. t12, (1variable, width ROW), (Grid Coordinates determined N=10,178111196.23 E-31 14,51,1782.17), being in the interior of said 97.472 acre tract, for the southwesterly corner and POINT OF BEGINNING the hereinscd le Parcel and from whichiron rod withaluminurn cap stamped'"GR- O t 79.00 feet left of County Road mBaseline Station 42+16.15 in the said curving proposed northerly ROW lire bears left,with a curve to the having I m w r , % an arc length. . + and a chord which bears S 69*1648"W,a distance of 362.07 feet; THENCE, departing proposed ROW line of saidC.R. 112, through h interior f said 97.472 acretract, the following three(3)courses: 2101101101191"' w for a distance of 43.01 feet to a callated , for the northwesterly describedl; N 690149141 fir distancel I t northeasterly r described ; f 43.00 feet to a calculatedl rnortherly m for the a t t r1 ril m Tcontinuing through ewith a d` curving having radiusm 0006'08"', . and a chord which bears , 30.00 feet to the POINT OF BEGINNING, containingm , 290 square feet) of land,more or less. This property description is accompanied r All bearings e Systern,Central Zone No.4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ILLI' That I, M. t h�irrr Truesdale,a RegisteredProfessional �r,,do hereby certify description and correct t®the best of ray knowledge and belief and that the property described herein was determined by a survey made directon the ground under my supervision. WITNESS ,Willia on County, /a'014 qAazoot ............... 9S .,phen rue a le Date OF Registered rw .ssi aI Land Surveyor No.493 e LSurveyor� Licensedtat Inland ti ® A' Registration , ti m aw N u TR 1504 Chisholm Trail Road, Suite 103Round Rock,TX 78681y w EXHIBff PLAT TO ACCOMPANY DESCRIP77ON NUMBER I Cl 0006"11 20j079.00p 36-16" 36.16" S69"55"02"W ow C 3 1001'59" 20,079.0 - 07p S69"1 - NO. DIRECTION DISTANCE MARTA C. AVERY EXEMPT TRUST L2 N69*49,'41"E 30.00" O-RACT 5) "Now 1 9"E 43-001 PART97.472 F. STX 42+16-15 DOC. NO. 2021038922 1E - 79M' LT O.R.W.C.T. -.-00" LT PROPOSED R.OX PoOsBe NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. - = STA- 4005+7680 REMAINDER OF 868.54 ACRES LTE -- DOC. NO. 1998024076 ! -_ _ - - -A55 _ COORDINATES: - - A8 -rHOM-4-S - GRID .T. BED IN �_ , s - - — 782-17 VOL. 11 33v PG. 639 I C. C.R. 112 ENGINEER"S __ --a 45+00 T Go v EXISTING R.O.W. Yl - - O.W. WIDTH VARIES) o LL co - - - m. ® - — - — . 1)oN 173 -r NO. co Wl _ Tcl - PROPERTY AEIS CD REV: 0 1/04/2023 PARCEL PLAT SHOWING .. CL GEEODETICS 0 AVERY EXEMPT TRUST AC. 0.030 f1$04 CKSHOLM TRAN.,W,SM 103 ROUND Rccv-Tx.79"1 SCALE PROJECT 1*2W SQ. FT. OOS9 F WILLIAMSON COUNTY CR 112 P A Com' 1 I , '-A:V R _ <<, - - B-2 PLAT TO ACCOMPANY DESCRIPTION LEGEND Fon IRON ROD WITH ALUMINUM CAP P.O.B. POINT OF BEGINNING STAMPED "CORR—ROW" SET RECORD INFORMATION IRON ROD WITH PLASTIC CAP P.R.W.Ce.1. PLAT RECORDS FOUND — AS NOTED WILLIAMSON COUNTY, TEXAS 1/2NIRON ROD FOUND D.R.W.C3. DEED RECORDS WILLIAMSON COUNTY. TEXAS TxDOT TYPE 11 CONCRETE, OoRgWwCa. OFFICIAL- RECORDS MONUMENT FOUND WILLIAMSON COUNTY. TEXAS CALCULATED POINT 0.P.R.W.0_T OFFICIAL PUBLIC RECORDS PROPERT---i' LINE WILLIAMSON COUNTY, TEXAS -N- LINE BREAK DENOTES COMMON OWNERSHIP 10 All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are surface values based on the Texas State Plane Cool-dinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. GT2200987, ISSUED BY TEXAN TITLE INSURANCE COMPANY. EFFECTIVE DATE SEPTEMBER 27, 2022, ISSUE DATE OCTOBER 11, 2022. 10C. RIGHT—OF—WAY (QUIT CLAIM) DEED GRANTED TO WILLIAMSON COUNTY, AS SET OUT IN VOLUME 77/3', PAGE 652, OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS,, (AS F1 PERTAINS TO TRACT I ONVI DOES OT AFFECT. N C"n a Ln cc 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY W fk*DE ON H E_ GROUND LIN R MY DIRECT SUPERVISION. OF W 4��4 IS TLr t 1100,17 �,4 k 4 ce) qk LL LL -7 *PHLTRUESIXE 00 S7EIt TRUESDAE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4953 4 4=1 2im LICENSED STATE LAND SURVEYOR E INLAND GEODETICS FIRM REGISTRATION NO. 100591-00 00 1504 CHISHOLM TRAIL ROAD, SUITE 105 0 ROUND ROCK, TEXAS 78681 REV: 01/04/2023 LO PARCEL PLAT SHOWING PROPER-1 Y OF IN � AND PARCEL 1E PAW 2 CL GEODETIC-5 AVERY EXEMPT TRUST FWC*9��LAND SOOMIM" I SO4 CH04OLM TRAIL RD.M 103 NO. UAM ROWD ROM TX.79U I SCAL� PROJECT FT, 0;12)ns-12m' 'RX(514 )0" W WILLIAM SON COUNTY Fm wsmTgm a loos,-a m' 1 5 CR 112 PAGE 3 OF r_ 0 0 AM_Ri-A R I 2%PARCL t- TZ -.........-... . ... .............. .................................. ---l" . ................. .. ..... .................. 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Q, NIOU in ........... 44 I� 11311 N IBM I Muhl 1111 III loo, 2,1,11h A -K ..........VERY CIIqff TRE EASTPHASE 2 PAPE4MAWSO �N -1-1........................... TEXAS ENGINEERS .......... ........... rn x Mfim I IRAN INTIMM[I MMMIR!Ill UlQorr INNITIR Ill I CR 11�2 CONDU�Irr EXH 1B IT I M"m I MANI Am III MM Ill%a&F1 I Fro ffivarmlWa lmomm Ill ----------- r .................................. ........................................... . ........................................ ............................................. ............................. ... . ............................................. ........................ .......—........... ........................................... ............................................. JI DocuSign Envelope 01-5A 099 - F43 C85C92 EXH11BIT 11 11 SPECIAL WARRANTY DEE CR 112 Right of Way THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, NOW,THEREFORE,KNOW ALL BY THESE PRESENTS: That VERY RANCH COMPANY, LTD., a Texas limited partnership; Marta C. Avery, Trustee of the MARTA C. AVERY EXEMPT TRUST, N. Avery III Exempt Trust under the LSA Trust Agreement effective December 24, 1992; John S. Avery, Trustee of the JOHN S. AVERYEXEMPT TRUSTS A. Nelson Avery, Trustee of the A. NELSON AVERY EXEMPT TRUST• and Lucille Christina Trustee of the LUCILLE CHRISTINA AVERY FELL EXEMPT TRU T, hereinafter referred to as Grantor, whether one or more, for and *in consideration of the sum of TenDollars ($10.00) and other good and valuable consideration to Grantor . in hand paid by City of Round Rock, Texas, the receipt and sufficiency of which 'is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, ®Bargain, Sell and Convey unto the CITY OF ROUND ROCK, hereinafter referred to as Grantee, all that certain tract or parcel of land I * g and TEXAS, Yin belng situated *in the County of State of along with any n* nprovements .bedfollows -0 Travisthereon, being more particularly (the All of that certain 6.345-acre (276,374 square foot) tract of land out of and situated M* the Thomas Toby Survey, Abstract No. 625 (Seabom . and the Thomas Glasscock Survey, Abstract No. 255, in Williamson County, Texas- more fully described M* Exhibit attached hereto and m* corporated 7 SAVE AND EXCEPT,HOWEVER, . . retaining title to the following n* nprovements located on the Property: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY, Visible and apparent easements not appearing of . X1.2) DocuSign Envelope ID:5A90897F-D604-48FF-8309-DEE43AC85D92 Any discrepancies, conflicts, or shortages m' area or boundary lines, or any encroachments or any overlappm* g of ftnprovements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record 'in the Official Public Records of Williamson County, Texas., that affect the Property, but only to the extent that said items are still valid and *in force and effect at this time. Grantor reserves all of the oil, gas and other minerals *in and under the land herem* conveyed but waives all rights of m* gress. and egress to the surface thereof for the purpose of 0 • exploring, developing, Mining or drilling or pumping the same., provided, however, that operations for exploration or recovery of any such minerals shall be perrm*ssl*ble so long as all surface operations 'in connection therewith are located at a point outside the acquired parcel and upon the condition that no of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or 'in any way interfere With, Jeopardize, or endanger the facilities of Grantee or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the fights of Grantee to take and use Without additional compensation any, stone, earth, gravel, caliche, iron ore,, gravel or any other road building material upon, *in and under said land for the construction and maintenance of County Road 112. TO HAVE AND TO HOLD the Property herem* described and herein conveyed together with all and singular the rights and appurtenances thereto 'in any wise belongm* g unto Grantee and its, assigns forever; and, subject to the matters set forth herein, Grantor does hereby bind 'itself and its successors and assi * gns to Warrant and Forever Defend all and sigular the said premises heremconveyed unto Grantee and its assigns against every person whomsoever lawfully clam* =* g or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. Except as otherwise set forth herem* and *in the Real Estate Contract between Grantor and Grantee for the Property (the "Conlracf% the Property is isbeig conveyed and sold by Grantor and purchased and accepted by Grantee on an "as- , where-is and with all faults" basis, and with any and all conditions and defects which may exist, and without the existence of and Without reliance upon any representation, waffanty, agreement, or statement by Grantor or anyone acting on behalf of Grantor *including, without Iftnitation, any broker, engineer, surveyor, appraiser or environmental consultants. Grantee has the right under the terms of the Contract to thoroughly m* spect and examine the property to the extent deemed necessary by Grantee *in order to enable Grantee to evaluate the purchase of the Property for Grantee's intended use. Grantee is rel solely upon such 'inspections, examinations and evaluations of YM9 the Property by Grantee and/or Grantee's representatives *in purchasing the Property and shall hold Grantor harmless of any and all exl*stm* g conditions and defects relative to the Property. [signature pagesfollow] (W1244921.2) 2 DocuSign Envelope D:5A9 89 FF-D 04-48FF 9 DEE43AC85D92 EXECUTED AND DELIVERED to be effective this day of . GRANTOR: AVERY RANCH COMPANY,LTD., A Texas Iu' m'ted partnership By: CJAC,Inc.,a Texas corporation,Its: General Partner John S.Avery President of CJAC,Inc. STATE OF TEXAS § COUNTY OF WILLIAMSON § This *instrument was acknowledged before me on this of 20239 by John S. Avery, known to me to be the person whose name msft-ument and acknowledged to e that he executed the same as the act and deed of Avery Ranch . Partner, and for the purposes and consideration therein expressed and M* the capacity therem' stated, and that he was ori . Notary Public-State of Texas DocuSign Envelope ID.-5A,90897F-D604-48FF-8309-DEE43AC85,D92 GRANTOR: John S.Avery,Trustee of the John S.Avery Exempt Trust STATE OF TEXAS § COUNTY OF WIILLLAMSON § This M* stnment was acknowledged before me on this _.Oay of 2023, by John S.Avery,Trustee of the John S. Avery Exempt Trust. Notary Public-State of Texas (W12U921.2) 4 DocuSign Envelope ID-5A9 8977- 8 - EE 3AC85D92 GRANTOR: Avery,----------------- Trustee of the A.Nelson Avery Exempt Trust STATE OF TEXAS § COUNTY OF WILL"SON § .s instrument was acknowledged before e o .s A. Nelson Avery, Notary Public DocuSign Enelope ID:5A90897F-D604-4,8FF-8309-DEE43AC85D92 GRANTOR: Lucille Christina Avery Fell, Trustee of the Lucille Christina Avery Fell Exempt Trust STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on day of 2023,by 0 Lucille Christina Avery Fell,Trustee of the Lucille Christina Avery Fell Exempt Trust. Notary Public-State of Texas (W1244921.2) 6 Docu& n Envelope ID-5A9089�7F-D604-48FF-8309EE43AC85D92 GRANTOR: TOR: Marta C.Avery,Trustee of the Marta C. Avery Exempt Trust, a sub-trust of the Charles N.Avery III Exempt Trust under the LSA Trust Agreement effective December 24, 1992 CALIFORNIA ACKNOWLEDGMENT: A Notary Public or other officer this certificate ven'fies of the M' dividual who . . only the identityvalidity signed the document to which this certificate is attached,and not the 7 or document.that State of California County of On before me, (insert name and title of the officer) Nota:ry Public,personally appearedwho proved to me i on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed within that he/she/they executed the same *in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the . foregoingI certify under PENALTY OF PERJURY under the laws of the State of California that the . correct. seal.WITNESS my hand and official ti DocuSilgn Envelope 5A 0 97F 604-4 F "8309- EE 3 C 5 ACCEPTED AND AGREED TO BY: CITY OF ROUND ROCK,TEXAS: Narne. . ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This M* strment was acknowledged before me on this the of 2023 by. m the capacity and for the purposes and consideration recited . Notary Public, State of Texas PREPARED IN THE OFFICE OF: 309 East Mai Round Rock, Texas 78664 ANTMAILING City of Round Rock Attn: City Clerk 221 E. Mam* Street Round Rock,Texas 78664 AFTER RECORDING RETURN TO: 8 DocuSign Envelope ID:5A90897'F- 604-48 -8309-DEE43AC85D92 EXHIBI,T "Ell NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF TIE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STORM SEWER AND DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § I That AVERY RANCH COMPANY, LTD., a Texas limited partnership; Marta C. Avery, Trustee of the MARTA C. AVERY EXEMPT TRUST, a sub-trust of the Charles N. Avery III Exempt Trust under the LSA Trust Agreement effective December 24, 1992; John S. Avery, Trustee of the JOHN S. AVERY EXEMPT TRUST; A. Nelson Avery, Trustee of the A. NELSON AVERY EXEMPT TRUST; and Lucille Christina Avery Fell, Trustee of the LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST, whose address is and their successors and assigns(herem* after referred to as"Grantoe'),for and 'in consideration of the sum of Ten and No/100 ($10.00)Dollars cash in hand paid and other good and valuable cons ideration paid to Grantor by CITY OF ROUND ROCK, TEXAS, its agents and assigns (hereinafter referred to as "Grantee"), receipt of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these premises does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement mOterest M* , on, over, upon, above and across the following property (collectively the "Easement Area"),to wit: being a 0.029-acre(1,258 square feet)tract of land out of the Thomas Glasscock Survey,Abstract No. 255, Williamson County, Texas-, said tract bem* g more particularly described by metes and bounds and by sketch as set forth M* Exhibit "A-1" attached hereto and *incorporated herein by reference for all purposes;and being a 0.030-acre(1,290 square feet)tract of land out of the Thomas Glasscock Survey,Abstract No. 255, Williamson County, Texas; said tract bem* g more particularly described by metes and bounds and by sketch as set forth *in Exhibit "A-2" attached hereto and *incorporated herein by reference for all purposes. The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the purposes of location,placement,relocation,construction,operation,enlargement,maintenance,alteration, repair, rebuildm* g, removal and patrol of storm sewer utilities and drainage facilities, to-wit: open ® channel and storm sewers and collection facilities, drainage pipes and all other surface and subsurface drainage structures, lies,, connecting lines, access facilities and related equipment, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, and any necessary accessories thereto(collectively the"Facilities"). (W1244922.6) D cu Si n Envelope IID:5A908 604- F - 3AC85D9 This conveyance 0is made and accepted subject to any and all conditions and restrictions, if any, relatingto the hereiabove described property to the extent, and only to the extent, that the same may still be ® f bice and effect and shown of record ` 'Williamson County, utilitiesExcept as otherwise noted, the easement, rights and privileges herein granted shall be �erpetual, provided however tha . . t said ` `Mthe event years.the are abandoned,or shall cease to be used,for a period of five(5)consecutive The perpetual easement, fight-of-way, rights, and privileges granted herein are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the Easement Area, without the express written consent of which consent shall not be ....Grantee shall have the .ght .reviewanyproposedeasement conflicting. use determinetheeffect,withheld. . any, on the utilities contemplated herein. Prior to grantm* g its consent for other easements,, Grantee may Area;require reasonable safeguards to protect the integrity of the utilities and Facilities thereon. Grantor further grants to Grantee: (a) the right to install additional Facilities "in the Easement (b) the right to grade the Easement Area for the full width thereof (c) the right of M* gress to and egress from the Easement Area over and across Grantor's exist;property by means of roads and lanes thereon, if such routes as shall occasion the least practicable damage and inconvenience to Grantor; across Grantor'4z nrn all se reasonabi --- L adJacep Lpublic right of wa - , (d) the fight.of gradm* g for,construction, . using g and Easement Area as Grantee may deem necessary for purposes of. gress and egress-, (e) the right from tfine to time to trin and to cut down and clear away any and all trees and brush now or hereafter on any trees on either side of the Easement Area which now or hereafter 'in the opinion of Grantee may be a hazard to any . valves, appliances, fittm* gs, or other y improvements by reason of the danger of falling thereon or root infiltration therein� or which may otherwise interfere with the exercise of Grantee's rights hereunder, however,that all trees which Grantee is hereby authorized to cut and remove, if valuable for ' 11 tops, lops, interferebrush and refuse wood shall be burned or removed by Grantee; (f) the right to mark the location of the Easement Area by suitable markers set in the ground; p 'ded that such markers shall be placed * fences or other locations which will not rovi in shall Grantee hereby covenants and agrees: (a) Grantee DocuSign Envelope IC.5A90�89�7F- 8 FF-83®9- 3AC8 92 (b) Grantee rea and repair any damage 'it shall do to Grantors pfivate roads or lanes on e lands. It i's understood and agreed thatilities placed upon said property . . . shall remain the property of Grantee. drainageGrantor hereby dedicates the easement as stated herei. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and singular all usual and customary rights thereto 'in anywise belonging, and together with the right and ' ' r sai or part . . . . . . . . . . therewith, itself,thereof,for the purpose of constructng nta said and for makm connect ons and Grantor does hereby bind to WARRANT AND FOREVER DEFEND i d easement and .ghts and .it's successors and assigns and legal nterests unto the . ty ofRound Rock,Texas, its successors and assigns,,against every person whomsoever lawfully 7 all and s' gular, the ■ . mm* g or to cla. thereof.n the same or any part s a pages follow] EXECUTED AND DELIVERED to b .2023. GRANTOR: AVERY RANCH COMIPANY9 LTD., A Texas limited ' By.-CJAC,Inc.,a Texas corporation, Its:General Partner Byes John President of CJAC,Inc. STATE OF TEXAS § COUNTY OF WILLIAMSON § . This m4strument was acknowledged before me on this day of 2023, by John M' strument and acknowledged to e that he executed the same as the act and deed of Avery Itanth Company,Ltd.,a Texas ' it 5 the President of CJAC, Inc., its General Partner, and for the purposes and capacity'deration therein expressed and in.the consi Notary Public DocuSi n Envelops D:5A9089 IF-D604-48FF- 309-DEE43AC85D92 GRANTOR: John S.Avery,Trustee of the John S.Avery Exempt Trust STATE OF TEXAS § COUNTY OF WILLIAMSON This e on this John S.Avery,Trusteef the . Notary Public-State Texas ocuSi n Envelop :5A9 597F-D6 ► FF'-8309-DEE 3ACa5 9 GRANTOR: A.NelsonTrustee of the A.Nelson Avery Exempt Trust STATE OF TEXAS § COUNTY OF WILL SON This insb=ent was acknowledged before me A. Nelson Ave . D cuSii11 gn Envelope D:5A90 9"F D80 8F'F-8309-DEE43AC85D92 GRANTOR: Lucille Christina Avery Fell,Trustee of the Lucille Christina Avery Feil Exempt Trust STATE OF TEXAS § COUNTY OF WILL"SON § This instrument was acknowledged before. me on this dav of 20232 by Lucille Christina Avery Fell,Trustee of the Lucille Christina Avery Fell Exempt Trust. Notary Public-State Doc,uSign Envelope ID,5A90897F-D604-48FF-8309-DEE43AC85D92 GRANTOR: Marta C.Avery,Trustee of the Marta C.Avery Exempt Trust,a sub-trust of the Charles N.Avery III Exempt Trust under the LSA Trust Agreement effective December 24, 1992 CALIFORNIA ACKNOWLEDGMENT-. . . . A Notary Public or other officer completm' g this certificate veriffles only the 'Identity of the m' dividual who of signed the document to which this certificate 'is attached,and not the truthfulness,accuracy,or validi,ty of thS t document. ................ State of California County of On before me, ®insert name and title of the officer) Notary Publi-c,personally appeared who proved to me on the basi's of safisfactory evidence to be the person(s)whose narne(s) 'Is/are subscribed to the within M' strument and acknowledged to me that he/she/they executed the same M* his/her/thelor authorized capacity(i*es),and that by his/her/their signature(s)on the M' strument the person(s),or the entity upon behalf of which the person(s)acted,executed the M" st-ument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forego M* g paragraph is true and correct. WITNESS my an and official seal. Ssg�'Iturli�� I (Seal) (W1244922.6) 8 DocuSign Envelope ID:5A9O897F-D60448FF-8309-DEE43AC85D92 0 ACCEPTED AND AGREED TO BY* CITY OF ROUND ROCK,TEXAS 'By- Laun*e Hadley,City Manager ACKNOWLEDGEMENT STATE OF TEXAS § ,COUNTY OF WILLIAMSON § Thisinstrument was acknowledged,before me on this the---day of 0 2023 by Laun'e Hadley,City of Round Rock City Manager 1 m the capac ity and for the purposes and 0 consider ation recited therein. "Notary"Public,State of Texas, PREPARED IN THE OFFICE OF: Sheets&Crossfield,PLLC 309 East MaM* Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Attno- City Clerk 221 E.Main Street Round Rock,Texas 78664 AFTER RECORDING RETURN T00 (W1244922.6) 9