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R-2023-406 - 12/7/2023 RESOLUTION NO. R-2023-406 WHEREAS, the City of Round Rock ("City") desires to purchase 0.056 acres of right of way required for the proposed Red Bud North Roadway Improvements Project(Parcel 2); and WHEREAS, Top Family, LLC, the owner of the Property, has agreed to sell 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 a Real Estate Contract with Top Family, LLC for the purchase of the above-described Property, a copy of said Real Estate Contract 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 7th day of December, 2023. C zund/Rock, OR AN, Mayor City o Texas ATTEST: MEAGAN N S, ity Clerk 0112.20232;4993.61434513 EXHIBIT "A„ REAL ESTATE CONTRACT Red Bud North Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between TOP FAMILY, LLC (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for,the tract(s)of land described as follows: All of that certain 0.056 acre (2,451 square foot)tract of land out of and situated in the Willis Donaho Survey, Abstract No. 173 in Williamson County, Texas; more fully described in Exhibit"A", attached hereto and incorporated herein (Parcel 2); 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 rights-of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), and any improvements and fixtures situated on and attached to the Property described in Exhibit "A" not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the Property, compensation for any improvements on the Property, and for any damage or cost of cure for the reconfiguration of the remaining property of Seller shall be the sum of ONE HUNDRED SIXTY THOUSAND and 00/100 Dollars ($160,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash or other good funds at the Closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 4.02. The Property herein is being conveyed to Purchaser in lieu of and under threat of condemnation. ARTICLE V CLOSING Closing.Date 5.01. The Closing shall be held at the office of Texas National Title Company on or before October 28, 2023, or at such time, date, and place as Seller and Purchaser may agree, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the contract(which date is herein referred to as the"Closing Date"). Seller's Obligations at Closing 5.02. At the Closing Seller shall: 2 (1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit"A", free and clear of any and all monetary liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2)The Deed shall be in the form as shown in Exhibit"B" attached hereto. (3) Provide reasonable assistance as requested and at no cost to Seller to cause Title Company to provide Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed"Not Yet Due and Payable". (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation, but shall otherwise be the continuing obligation of Seller to fully satisfy. Agricultural roll-back 3 taxes, 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 and survey to be paid by Purchaser. (2) Deed,tax certificates, and title curative matters, if any,paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively as incurred. ARTICLE VI BREACH BY SELLER 6.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY PURCHASER 7.01. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the 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 imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, 4 addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County,Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 8.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8.06. Time is of the essence in this Contract. Gender 8.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. 5 Compliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. Counterparts 8.11 This Contract may be executed in any number of counterparts,which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. Contingent Possession and Use Agreement 8.12. Upon completion of(1) the full execution of this Contract by all parties, and (2) acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the Title Company, Purchaser, its agents and contractors shall be permitted at any time after November 6, 2023 to enter and possess the Property prior to Closing for the purpose of completing any and all necessary testing, utility relocation and construction activities associated with the proposed roadway improvement construction project of Purchaser on the Property or other obligations of this Contract, and Seller agrees to make any gate access available to Purchaser, its contractors or utility facility owners as necessary to carry out the purposes of this paragraph. The parties further agree to continue to use diligence in assisting with any title curative measures or mortgage lien release required by the Contract to complete the Closing of the purchase transaction. Special Conditions 8.13. Seller and Purchaser agree to comply with the following special conditions: (a) Purchaser shall maintain full access for ingress and egress to, and prevent the impairment and/or closure of, the driveway on the Property located along E. Old Settlers Blvd. during the construction of the Red Bud North Improvement Project until such time as the expansion of the access easement, identified in the Official Public Records of Williamson County. Texas under Document No. 2012015610 (the "Access Easement") attached as Exhibit "C", is completed by Purchaser. 6 (b) Purchaser shall expand and construct, at its own cost, the Access Easement drive depicted in the attached Exhibit "D" to a width of no less than fifty (50) feet. Purchaser's construction shall utilize the same construction methods and materials as the existing Access Easement drive, including but not limited to concrete thickness, reinforcement, curbing, painting, and fire lane designations. (c) Seller and Purchaser shall execute an amendment to the Access Easement attached as Exhibit`B"which depicts the expanded Access Easement drive. (d) After Purchaser's construction of the expanded Access Easement drive is complete, Seller shall maintain the expanded Access Easement drive. (e) Purchaser shall provide an administrative adjustment letter from the City noting that all Ci , code provisions, rules, and regulations applicable to the Property before the sale which would be violated by the remaining Property after the sale in lieu of and under threat of condemnation will not be enforced against the Property while the current use and improvements continue. SELLER: TOP FAMILY, LLC By: All Address:4450 East Old Settlers Blvd #100 Name: Shakeel Badarpura Round Rock TX 78665 Title:Managing Member Date: 11/02/2023 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Address: 221 E. Main Street Craig Morgan, Mayor Round Rock, Texas 78664 Date: 7 EXHIBIT A Page 1 of 5 Exhibit Proj. Parcel 2, Top Family, Inc. August 8, 2023 Willis Donaho Survey,Abstract No. 173 EXHIBIT PROPERTY DESCRIPTION FOR PARCEL 2 DESCRIPTION OF A 0.056 ACRE (2,451 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, (0.992 ACRES), OF WHITNEY TRACT PHASE 1, FINAL PLAT, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2012040973, OF THE OFFICIAL PUBLIC RECORDS OF WILLAMSON COUNTY, TEXAS, AND BEING DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO TOP FAMILY, INC., RECORDED IN DOCUMENT NO. 2012015076, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.056 ACRE (2,451 QUARE FOOT) PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an X cut set in concrete, having grid coordinates of N=10,173,066.14, E=3,152,150.21, in the proposed northerly right-of-way (ROW) line of County Road (C.R.) 113 (Old Settlers Blvd.) (variable width ROW), same line being in the easterly boundary line of that called 2.97 acre tract of land described in a Special Warranty Deed to City of Round Rock recorded in Document No. 2019119502, of the Official Public Records of Williamson County, Texas, same line being in the westerly boundary line of said Lot 1, for the northwesterly corner and POINT OF BEGINNING of the herein described parcel and from which point a capped iron rod with plastic cap stamped "Austin Surveyors" found in the southerly boundary line of Lot 13, of the FINAL PLAT OF SETTLERS CROSSING, SECTION 3, a subdivision of record in Cabinet AA, Slides 375-376, of the Plat Records of Williamson County, Texas, being the common north corner of said 2.97 acre tract and said Lot 1, bears N 02°40'50"W, at a distance of 265.14 feet; THENCE,with said proposed ROW line, through the interior of said Lot 1,the following five (5) courses: 1) N 77°41'59" E, for a distance of 41.76 feet to an iron rod with aluminum cap stamped "CORR ROW" set, for an angle point hereof; 2) N 87°11'57" E, for a distance of 32.50 feet to an iron rod with aluminum cap stamped "CORR ROW" set, for an angle point hereof; 3) N 73°40'29" E, for a distance of 28.26 feet to an iron rod with aluminum cap stamped "CORR ROW' set, for a point of a non-tangent curve to the left; 4) along said curve to the left having a radius of 36.00 feet, a delta angle of 62°32'42", an arc length of 39.30 feet, and a chord which bears N 50°54'55" E, a distance of 37.38 feet to an iron rod with aluminum cap stamped "CORR ROW" set, for a point of non-tangency of the herein described parcel; 5) N 55°28'52" E, for a distance of 17.83 feet to an iron rod with aluminum cap stamped "CORR ROW' set, in the existing westerly ROW line of County Road 122 (C.R. 122)(Redbud Lane) (variable width ROW), same line being the easterly boundary line of said Lot 1, for the northeasterly corner hereof and from which point an iron rod with aluminum cap stamped "CORR" found in said existing ROW line of C.R. 122, same point being the southeasterly corner of Lot 29 of said SETTLERS CROSSING, SECTION 3, also being the northeasterly corner of said Lot 1 bears N 06°00'55" E, at a distance of 224.16 feet; 6) THENCE, S 06°00'65" W, departing said proposed ROW line, with the easterly boundary line of said Lot 1, same being the existing ROW line of said C.R. 122, for a distance of 16.78 feet to a calculated angle point, being the cutback of the existing northerly ROW line of C.R. 113 (Old Settlers Blvd.) (variable width ROW), for angle point hereof; Page 2 of 5 Exhibit Proj. Parcel 2, Top Family, Inc. August 8, 2023 Willis Donaho Survey, Abstract No. 173 7) THENCE, S 45°12'10" W, with the cutback of said C.R. 113 (Old Settlers Blvd.) and said C.R. 122 (Redbud Lane), same line being the easterly boundary line of said Lot 1, for a distance of 58.46 feet to a 1/2 iron rod found in the existing northerly ROW line of said C.R. 113, for the southeasterly corner hereof; 8) THENCE, S 87°19'10"W,with the northerly ROW line of said C.R. 113, being the southerly boundary line of said Lot 1, for a distance of 100.47 feet to a Mag Nail with "JPH Land Surveying" found, being the southeasterly corner of said 2.97 acre tract, same point being the southwesterly corner of said Lot 1, for the southwesterly corner hereof, 9) THENCE, N 02°40'50" W, departing said existing ROW line, with the common boundary line of said 2.97 acre tract, and said Lot 1, for a distance of 10.50 feet to the POINT OF BEGINNING, containing 0.056 acres, (2,451 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. All distances and coordinates recited herein are Surface values using a Surface to Grid scale factor of 0.99988313. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, Miguel A. Escobar, a Registered Professional Land Surveyor, do hereby certify that the above description and the accompanying sketch is true and correct to the best of my knowledge and belief and the property described herein was determined by a survey made on the ground during the month of May 2021, under the direct supervision of M. Stephen Truesdale, LSLS, RPLS No. 4933. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas on this 811 day of August, 2023, A.D. INLAND GEODETICS OF T�cy SrE •.`9 MIGUEL ANGEL ESCOBAR Miguel A. Escobar, L.S.L.S., R.P.L.S. •'•q uo 5630•�P Texas Reg. No. 5630 `q'YO S...*- � 1504 Chisholm Trail Rd#103 Round Rock, TX 78681 TBPELS Firm No. 10059100 SABROWN&GAY\RED BUD-CR122 NORTH\PARCELS\PARCEL 2-TOP-FAMILY-INC\PARCEL 2-TOP-FAMILY-INC-2023-07-10.doc EXHIBIT " " O SURVEY PLAT TO ACCOMPANY PARCEL DESCRIPTION WILL ��CT NO, 173 DRAINAGE & STORM FINAL PLAT SEWER EASEMENT ABSTRA I N I SETTLERS CROSSING DOC.ON 3 O P.R 012015609� °� N CAB. AA, SLDS, 375-316 "ALUM-CORR" LOT 13 o P.R.W. C.T. LOT 11 ° o J BLOCK "F" J "AUSTIN WASTEWATER SURVEYORS LINE EASEMENT — (S86e 44'3211W 180.22' ) — 0.007 ACRE - - - - - - - - - - - - - - t DOC, NO. 2012033791 3 — O.P.R.W.C.T. — — — / _ _ — - - - - - - STORM SEWER & DRAINAGE EASEMENT C.o� i 0.061 ACRE — — p DOC. NO. 2012033794 I p. O.P.R.W.C.T. _BUILDING LINE_--_- 13 i 1 x w J WHITNEY TRACT LOT 1 I to 3 I PHASE 1 FINAL PLAT (0,992 AC. ) I to w DOC. NO. 2012040973 IQ o 0.P.R.W.C. T. Z CITY OF ROUND N oo ROCK, TEXAS J BUILDING p(V moo" 2. 97 ACRES wj I CIDa 03: DOC. NO. 2019119502 z ? 0.P.R.W.C. T o CONVENIENCE I L ci�3 oa I �j STORE EXXON LIJ a zo m o 0 0 �Iv W , o o Q o o C) O! I z In I N r-IN N I I TOP FAMILY, INC. DOC. NO. 2012015076 I In Q" 0. P. R. W. C. T. ro o I Q Ln N v I ACCESS EASEMENT e 0.258 ACRE Mlv vl.I CANOPY DOC. N0. 2012015610 .I O P.R.W.C.T. 0 too N Z APPROXIMATE I UG TANK ZONE I Q vi 10' P.U.E. & I 0 0 ° °p� I I e SIDEWALK j oo OO °O I EASEMENT DOC. NO. I 1✓AL 2012040973 / w I pp 056 AC. FUEL PORTS J J 2;W51 SQ. FT. , w P-- � � � o 0 oQY�o 4.a'�•" G� t>,� C—�y--P---P--- P---F P.O.B. - , GRID COORDINATES: o I - °°�0 60' ° /% h�,P N=10, 173,066. 14 , E=3, 152, 150. 21 - - 20-BL -L-2-- 1 PROPOSED EXXOI a J � EXISTING R.O.W. SIDEWALK %PH LAND (58 e . 47, SURVEYING" WATERLINE EASEMENT E. OLD SETTLERS BLVD- 0.006 ACRE (C. R. 1 1 3) DOC, NO 20130055399 (R.O,W. WIDTH VARIES) O.P R.W.C.T. DOC. N0. 2006050655 O.P.R.'N.C.T. PARCEL PLAT SHOWING PROPERTY OF 07/10/2023 L AND ETICS TOP FAMILY, INC. PARCEL 2 L LAND SURVEYORS 0.056 ACRES M TRAIL RD.STE.103 OCK,TX.78681 SCALE PROJECT COUNTY2,451 Sq. Ft. 200,FAX(512)238-1251TIONN0.100591-00 " = 40' COUNTY ROAD 122 (REDBUD LANE) WILLAMSON PAGE 3 OF 5 SABROWN&GAY\RED BUD-CR122 NORTH\PARCELS\PARCEL 2-TOP-FAMILY-INC\PARCEL 2-TOP-FAMILY-INC-2023-07-10.dgn EXHIBIT " 11 FLAT TO ACCOMPANY PARCEL DESCRIPTION 1) BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD_83 2011)).ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID-TO-SURFACE COMBINED ADJUSTMENT FACTOR OF 0.99988313. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. T-161406, ISSUED BY FIRST AMERICAN TITLE GUARANTY COMPANY, EFFECTIVE DATE JUNE 16, 2023, ISSUE DATE JUNE 26, 2023. RESTRICTIVE COVENANTS: DOCUMENT NO(S) 2012040973 (PLAT), AND 2012015610, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, BOTH SUBJECT TO, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, DISABILITY, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN. 2. A 10 FOOT WIDE PUBLIC UTILITY AND SIDEWALK EASEMENT ABUTTING AND ALONG THE STREET SIDE PROPERTY LINES, AS STATED ON THE PLAT OF RECORD IN DOCUMENT NO. 2012040973 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ITS LOCATION IS SHOWN. 3 A WASTEWATER EASEMENT OF UNDETERMINED WIDTH RESERVED ALONG THE NORTHWESTERLY CORNER OF PROPERTY, AS SHOWN ON THE PLAT OF RECORD IN DOCUMENT NO. 2012040973 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ??. 4 A DRAINAGE AND STORM SEWER EASEMENT OF UNDETERMINED WIDTH RESERVED ALONG THE NORTH PROPERTY LINE, AS SHOWN ON THE PLAT OF RECORD IN DOCUMENT NO 2012040973 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ?? 5 A PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT EASEMENT AS DESCRIBED IN DOCUMENT NO. 2012015610, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, ITS LOCATION IS SHOWN. 6 AN ELECTRIC DISTRIBUTION AND TELEPHONE LINE EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AS DESCRIBED IN VOLUME 801, PAGE 255, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, ITS LOCATION CANNOT BE DETERMINED FROM THE RECORD DOCUMENT. 7 A WASTEWATER LINE EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS AS DESCRIBED IN DOCUMENT NO. 2012033793, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 8, A STORM SEWER AND DRAINAGE EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS AS DESCRIBED IN DOCUMENT NO. 2012033794, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 9. A WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK AS DESCRIBED IN DOCUMENT NO. 2013005399, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, ITS LOCATION IS SHOWN. 10. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF COAL, LIGNITE, OIL, GAS AND OTHER MINERALS, TOGETHER WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING THERETO, APPEARING IN THE PUBLIC RECORDS WHETHER LISTED IN SCHEDULE B OR NOT. THERE MAY BE LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF MINERAL INTEREST THAT ARE NOT LISTED. PARCEL PLAT SHOWING PROPERTY OF 07/10/2023 INLAND GEODETICS TOP FAMILY, INC. PARCEL 2 PROFESSIONAL LAND SURVEYORS 0.056 ACRES 1 504 CHISHOLM TRAIL RD.STE.103 ROUND ROCK,TX.78681 2,451 S q. F t. PH.(512)238-1200,FAX(512)238-1251 SCALE PROJECT COUNTY -09 FIRM REGISTRATION NO.100591-00jff1 = 40 COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 4 OF 5 S:\BROWNBGAY\RED BUD-CR122 NORTH\PARCELS\PARCEL 2-TOP-FAMILY-INC\PARCEL 2-TOP-FAMILY-INC-2023-07-10.dgn EXHIBIT " " PLAT TO ACCOMPANY PARCEL DESCRIPTION LEGEND A MAG NAIL FOUND O IRON ROD WITH ALUMINUM CAP LINE BREAK STAMPED "CORR ROW" SET P.O.B. POINT OF BEGINNING Q IRON ROD WITH PLASTIC OR ( ) RECORD INFORMATION ALUMINUM CAP FOUND - AS NOTED P.R.W.C.T. PLAT RECORDS X X CUT IN CONCRETE SET WILLIAMSON COUNTY, TEXAS I/2" IRON ROD FOUND D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS CALCULATED POINT O.R.W.C.T. OFFICIAL RECORDS PROPERTY LINE WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS DENOTES COMMON OWNERSHIP WILLIAMSON COUNTY, TEXAS 11, TERMS, CONDITIONS, AND STIPULATIONS IN THE DRAINAGE EASEMENT AGREEMENT BY AND BETWEEN TOP FAMILY, LLC AND 5.959 RR INVESTORS, LLC, AS RECORDED IN DOCUMENT NO. 2012015609, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 12, RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER ANY AND ALL UNRECORDED LEASES OR RENTAL AGREEMENTS. (NOTE: THIS ITEM CAN BE DELETED UPON RECEIPT OF AN AFFIDAVIT EXECUTED BY THE SELLER EVIDENCING THERE ARE NOT ANY OUTSTANDING LEASES OR RENTAL AGREEMENTS. IF THE AFFIDAVIT REVEALS UNRECORDED OUTSTANDING LEASES OR RENTAL AGREEMENTS THE EXCEPTION MAY BE MODIFIED TO MAKE SPECIFIC EXCEPTION TO THOSE MATTERS.) 13. ANY VISIBLE AND APPARENT EASEMENT, EITHER PUBLIC OR PRIVATE, LOCATED ON OR ACROSS THE LAND, THE EXISTENCE OF WHICH IS NOT DISCLOSED BY THE PUBLIC RECORDS AS HEREIN DEFINED. 14. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE, INCLUDING BUT NOT LIMITED TO FENCES NOT FOLLOWING THE PROPERTY BOUNDARIES, THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE SUBJECT PROPERTY. (OWNER'S POLICY ONLY NUMBER RADIUS DELTA LENGTH CHORD BEARING CHORD CI 36.00' 62032'42" 39.30' N50054'55"E 37.38' NO. DIRECTION DISTANCE L1 N77° 41 ' 59"E 41 . 76' L2 N87o I I 57"E 32. 50' L3 N73o 40' 29' E 28. 26' L4 N55° 28' 52"E 17. 83' L5 S06° 00' 55' W 16. 78' L6 NO2° 40' 50"W 1 0. 50' 1 DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER OF TQ� THE DIRECT SUPERVISION OF M. STEPHEN TRUESDALE, L.S.L.S., <P•��sTEq• `Y R P.L.S. NO. 4933 IN MAY 202'. G:•Q� Fo•:r �2% --- MIGUEL ANGEL ESCOBAR 08/08/2023 ..................... MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S. •.qR0 5630 �P:,• TEXAS REG. NO. 5630 !9 •....Pess OQ 1504 CHISHOLM TRAIL ROAD, #103 N� suF"j ROUND ROCK, TEXAS 7868 TBPELS FIRM NO. 10059100 Alit k PARCEL PLAT SHOWING PROPERTY OF 07/10/2023 INLAND GEODETICS TOP FAMILY, INC. PARCEL 2 PROFESSIONAL LAND SURVEYORS 0.056 ACRES I SO4 CHISHOLM TRAIL RD.STE.103 ROUND ROCK,TX.78681 PH.(512)238-1200,FAX(512)238-1 SCALE PROJECT COUNTY 2,451 Sq. Ft. 251 FIRM REGISTRATION NO.100591-00 1 " = 40' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 5 OF 5 S:\BROWNBGAY\RED BUD-CR122 NORTH\PARCELS\PARCEL 2-TOP-FAMILY-INC\PARCEL 2-TOP-FAMILY-INC-2023-07-10.dgn EXHIBIT B DEED Red Bud Lane (North) 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 THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That TOP FAMILY, LLC, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($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 CITY OF ROUND ROCK, TEXAS, for use as public right-of-way and no other purpose, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: All of that certain 0.056 acre (2,451 square foot) tract of land out of and situated in the Willis Donaho Survey, Abstract No. 173 in Williamson County, Texas; more fully described in Exhibit"A", attached hereto and incorporated herein Parcel 2). SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the property described in said Exhibit "A" to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements 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 herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none 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 the City of Round Rock, Texas or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights 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 Red Bud Lane. TO HAVE AND TO HOLD the property herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of , 2022. [signature page follows] 2. GRANTOR: TOP FAMILY,LLC By: Name: Its: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the day of , 2023 by in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, PLLC 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Attn: City Clerk 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 3. EXHIBIT C FILED BY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII REST noM STAR m� l� co� A �v 2012015610 GS COVENANTS,CONDITIONS,RESTRICTIONS AND EASEMENT AGREEMENT THIS AGREEMENT (this "Agreement") is made this C2 g o r e1W(U ,2012,by and between 5.959 RR INVESTORS, LLC, A T m' Liability Compan ("RR INVESTORS") and TOP FAMILY, LLC (hereinafter err as "TOP"). WHEREAS: A. RR INVESTORS is the owner of that certain 4.967tract of located in Williamson County, Texas, more particularly described as that certain 9 re tract of land more in particularly described the deed recorded under Document # 05 of the official public records of Williamson County, Texas save and except the des ' din Exhibit "A" previously conveyed to TOP("RR INVESTORS TRACT"). B. TOP is the owner of that certain tract o p y located in Williamson County, Texas, more particularly described as 0.992 es o d, being more particularly described in the attached Exhibit "A" ("TOP TRAC it s located adjacent to the RR INVESTORS TRACT. C. RR INVESTORS and T ha to enter into this Agreement in connection with the ownership and use INVE RS TRACT and TOP TRACT. NOW, THEREFORE, for Ten 10.00) and other good and valuable consideration, the receipt and su 'ency or ch are hereby mutually acknowledged, the parties hereby agree as follows: 1. RR INVESTORS f itself, its successors and assigns, does hereby grant, convey and assign ,!Tto successors and assigns, a perpetual non-exclusive access easement over and acr th way described in the attached Exhibit B located (or to be located) within RR INV CT for vehicular and pedestrian ingress and egress to and from E. Old Settle oul and TOP TRACT ("RR INVESTORS TRACT Access Easement"). The 0 TRACT Access Easement is for the use and benefit of TOP, any present or r OP TRACT and their respective successors, assigns, lessees, sublessees, in i e est , 'censees and patrons in common with RR INVESTORS and any present or fut a RR INVESTORS TRACT. The conveyance of the RR INVESTORS TRACT Acces nt is subject to all matters that a true and correct survey would reveal and any and all cord in Williamson County, Texas, to the full extent same are valid and subsisting pe i to RR INVESTORS TRACT. RR INVESTORS,for itself and any present or fu INVESTORS TRACT hereby reserves the right to continue to enjoy the use a rty burdened by the RR INVESTORS TRACT Access Easement for any and all that o not unreasonably interfere with or prevent the use of the RR INVESTORS T ess Easement by TOP, and TOP TRACT's successors, assigns, lessees, sublessees, invite , guests, licensees and patrons. It is expressly acknowledged and understood that the RR ORS TRACT Access Easement herein granted is and shall be appurtenant to TOP and for the benefit of the present and successive owners thereof, and further shall be a covenant running with the land, binding upon the present and successive owners of RR INVESTORS TRACT. Nothing herein shall provide to the TOP, their agents, employees, guests,invitees or licensees,the right to park vehicles on RR INVESTORS TRACT. 2. TOP, on behalf of themselves, their successors and assigns, do hereby grant, convey and assign unto RR INVESTORS, its successors and assigns, a perpetual non-exclusive access easement over and across all of the driveway portions of the property desc i 'n the attached Exhibit A located or to be located within TOP TRACT for vehicular and 'an ingress and egress to and from to North Red Bud Lane (County Road #12 INVESTORS TRACT("TOP TRACT Access Easement"). The TOP TRACT Ac s ent is for the use and benefit of RR INVESTORS, any present or future owners of RR EST RS TRACT and their respective successors, assigns, lessees, sublessees, invitee , nsees and patrons in common with RR INVESTORS and any present or fu of TOP TRACT. The use of the TOP TRACT Access Easement is subject to all a true and correct survey would reveal and any and all matters of record in Willi s ounty, Texas to the full extent same are valid and subsisting and pertain to TOP T TO for themselves and any present or future owners of TOP TRACT hereby reserve 'ght ontinue to use the property burdened by the TOP TRACT Access Easement for 1 purposes that do not unreasonably interfere with or prevent the use of the TOP TRA ess Easement by RR INVESTORS, and RR INVESTORS TRACT's successors, s, le es, sublessees, invitees, guests, licensees and patrons. It is expressly acknow derstood that the TOP TRACT Access Easement herein granted is and shall a ap enant to RR INVESTORS TRACT and for the benefit of the present and succes ' thereof, and further shall be a covenant running with the land, binding upon p t and successive owners of TOP TRACT. Nothing herein shall provide to the RR S RS, its agents, employees, guests, invitees or licensees,the right to park vehi T. 3. RR INVESTORS and T gree no ,t construct or place any fences, barriers, or any other obstacle which would prevent ass of pedestrians or vehicular traffic over or across the RR INVESTORS TRA T Access ent and the TOP TRACT Access Easement. The foregoing provision shall no,, o ibit any arricade needed to be erected which will be necessary.in connection with the n tion, reconstruction, repair and maintenance of the driveway or any other improv or any portion of the RR INVESTORS TRACT Access Easement and the pp cess Easement (all such work being conducted in the most expeditious manner w 1 ' of interference with the RR INVESTORS TRACT Access Easement and th CT Access Easement). 4. If dyding exis a ce of this Agreement, either RR INVESTORS or TOP, shall sell or transfer mate their respective interests as an owner of all or any portion of RR INVE T T or TOP TRACT, then from and after the effective date of sale, transfer, or na ' o interest, the selling or transferring party shall be released and discharged fro an 11 obligations,responsibilities, and liabilities under this Agreement as to that p i of RR INVESTORS TRACT or TOP TRACT which has been sold or transferre , exce t for those obligations and responsibilities and liabilities, if any, which have alread of such date. Any transferee of all or any portion of RR INVESTORS T TRACT by acceptance of the transfer of such interest shall thereupon become u to covenants contained in this Agreement to the extent of such interests as if said ere an original party hereto. All communications required or permitted under the terms of this Agreement shall e in Ting, addressed as follows, and shall be deemed given when delivered by hand or when postage prepared,by certified or registered mail,return receipt requested: -2- If to 5.99 RR INVESTORS,LLC: k2a0'c� Cen/ 2n. �f�ti5z� zr,�t -32024 If to TOP FAMILY, LLC: a f i�AKE'CL The above addresses shall be effective until changed by eit writing in accordance with the terms of this Agreement. 6. TOP, at the time it begins construction of't deve pment on TOP TRACT, shall construct, at its sole cost and expense,the common ' located on RR INVESTORS TRACT, at the location described in the attach Ex ' it B. Prior to commencement of construction TOP shall supply full constru ' t INVESTORS for the approval which shall not be unreasonably withheld. e v all be concrete and shall comply with all Williamson County and/or City, of d Rock des. The construction shall be done in a good and workmanlike manner, and TO ind 'fy and hold harmless RR INVESTORS, from all costs and expenses related o such co ion and any and all liens related thereto. RR INVESTORS, grants to TOP the t to use as much of the surface of the property that is adjacent to the Property, Exhibit B be reasonably necessary to install and maintain the driveway within the Property, i wever, TOP must promptly restore the Adjacent Property to its previous ysi qi n if changed by use of the rights granted by this Secondary Easement. After c le i f the construction of the initial driveway improvements by TOP, RR INVESTOR s all each jointly maintain and repair the entire Driveway Easement at their equal pens , e subsequent owners of any part of the RR INVESTORS TRACT shall ea ate share of the costs of the maintenance and repair of the Driveway Ease a pletion of the driveway, RR INVESTORS shall pay to TOP on half c the co o n of the driveway not to exceed FIFTEEN THOUSAND EIGHT HUNDRED F ( 0.00)DOLLARS. 7. p iod of twenty (20) years from the date of recordation of the Agreement, RR INVE ORS its successors and assigns, shall not allow the operation on the RR INVE T of a convenience store, business selling gasoline, tobacco, or beer for off prenu s c ption. Prior to commencement of construction of improvements on the TOP TRACT, TOP It provide a site plan, building layout, and exterior design drawings to RR INVESTORS or it proval which shall not be unreasonably withheld. -3- 9. This Agreement and the exhibits made a part hereof constitute the entire agreement and understanding of the parties with respect to the subject matter hereof, and may only be amended or terminated by written instrument filed of record in the Offi ' 1 ublic Records of Real Property of Williamson County, Texas evidencing the agreement . the parties then owning fee title to RR INVESTORS TRACT and TOP TRACT, ii mortgagees then holding mortgages on RR INVESTORS TRACT or TOP TRACT. 10. Neither party shall be deemed under this Agreement to be a p e other party or to be engaged in a joint venture or any other relationship with it in the conduct of the other party's business, nor shall either party be responsible for a incurred, actions taken,or omissions made by the other party. 11. This Agreement may be executed in any number of c t ai ch of which, when executed and delivered, shall be an original, but all count s gether constitute one and the same instrument. 12. The provisions hereof shall be binding upon th arti e o and their respective heirs,personal representatives, successors and assigns, as ap r to d shall be deemed to be covenants that run with RR INVESTORS TRACT and T 13. All exhibits attached hereto and referr in are incorporated in this Agreement as though fully set forth in the body here 14. Time is of the essence in the pe rm a of l obligations under this Agreement. 15. Each owner shall operate d ma 'n a 1 of the areas owned by said owner, which are subject to the RR INVEST TRAC Access Easement and the TOP TRACT Access Easement,as applicable,in good co ' n, onable wear and tear excepted. 16. Each owner shall p cause to paid, prior to any penalty attaching thereto, all real estate taxes and assessments ' sed upon the land and improvements located on its respective tract. 17. Each owner,#all t epair and rebuild, and, if applicable, restore,the areas on such owner's tract which u ' o the RR INVESTORS TRACT Access Easement and the TOP TRACT Access m as applicable, in the event of casualty, and, to the extent possible,in the eveTof c de ion or eminent domain. IN WITN ,the parties hereto have executed this Agreement as of the date and year first i RR INVESTORS TRACT OWNER: 5.95 RR INVESTORS, LLC,A Texas Limited Liability Company BY: NAME: TITLE:_ -4- TOP TRACT OWNERS: TOP FAMIL , LC BY: ' NAME: SHAKCC:-L TITLE: TeS� a a STATE OF TEXAS § COUNTY OF 1(1/1 § The foregoing instrument was acknowledged before me,, the day of , 2012, by �5�)Q1Y-1 - of 5.95 RR INVESTORS, LLC, A Texas Limited Liability Comp , on half ofAaid company in the capacity therein stated. i^ �o LUPE MENDES otary� lic�'4 and for NOTARY PUBLICTexas SMY STATE OF TEXASPrintedName:COMM.EXP.9/26/2012 y Commission Expi s: ;51TI P.- STATE OF TEXAS § COUNTY OF-MAO(5 § The foregoing instrurrkli t.w s owledged before me on the day of F2�7 � 2012, b�`- 0�PrP P q2-A— of TOP FAMILY, LLC, A exas� imitd Liability Company, on behalf of said company in the capacity therein stated. tl�' - 0. ze Notary Publi and for The State of Texas p A-TPrinted Name: ION EXPIRES 15,2014 My Commission Expires: NOM 1 STAR THE OOMPMY 4MO DAMMA RD lf200 HOUSTON,TX 77092 -5- PROPERTY [DESCRIPTION 0.992 AC 0U1' OF 5.9.59 AC 0,99-2 AC nt er 'dal•\I. 0 _.. ... _..�- ..._ 5 l�rr'r�r 1Y!,"..�y ab. nr+•r••-r r ...... ..r f�•_ .a r 'er"ars 8ouravorc t R.U.W FIE I OTES FOR 0.992 ACRES _Ccar114 FLAP -`•1�_ S. All that cerPV1-ft6tofX, I End situated ii the Willis Qonohr. Survey. A•173 in Willia"I on .fie send-being a part OI fl 5.959 acre((JCt of land conveyed IO RR .,, Investors. LC in Document No.2008080549 of the Official public Records of Williamson County xas and being�iore particularly described by metes and L>ouni9,as rollows. BEGIN /• � PJI�';t an aluminum capped iron pin fourni on the West line nt County Road'#122 (Red Bud lane). in the Southeast corner of tat 29 in Block F of Settlers Crossing Section 3 as recorded in Cabinet AA Slide 5 of the Plal Records of Williamson County. Tezas. for Ihc• Noithea:si rler of Me above mentioned 5.959 acre tract and the Nonheast corner Of tract. >ENCE S 05*53*58 W with the West tine of County Road 0122 240 65 feet to an iron in found in a angle point of the said 5.959 acre tract for an P 9 angle point of Iris tract. THENCE S 45'03'13'W 5B.46 leer to an iron pin set on the North line of O Old Settlers Boulevard for the most Southerly Southenst corner of this tract. THENCE IJ 87'12'13"W with the North line of Old Settlers Boulevard 100.47 feet to an it-on pin sot for the Southwest corner of this tract. t THENCE N 02'47'47'W 275 64 feet to an iron pin set on the South lin,> i of Lot 13 in Block F of Cie above mentioned Settlers Crossing Section 3 for the Northwest corner of this tract i O THENCE N 86'44'32- E with the South One of the Jbo're mentioneu Section 3 180.22 feet to the POINT OF BEGII•114ING containing 0992 I acres of kind.nwre or le„ Phase 1 LCX RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation- AUSTIN SURVEYORS P.O.BOX 18" AUSTIN,TEXAS 79718 3 e n4<S 2105 JUSTIN LANE#103 (512)454."M Accompaniment to sketch 1764ease EXHIBIT PAGE I OF 3 FIELD NOTES FOR 0.258 ACRES All that certain tract or parcel of land situated in the Willis Donoho Su , in Williamson County,Texas and being a part of a 5.959 acre tract of land conveyed; RR Investors, LLC by deed recorded as Document No. 2008080549 in the O ticial,�r Records of Williamson County, Texas and being more particularly described by metes and follows: BEGINNING at a point on the North rigbt-of-way,'/ Settlers Boulevard for the Southeast comer of this tract from which oint iron pin found in the Southeast corner of the above mentioned 5. _ T ct bears N 87112'13" E 87.96 feet . THENCE S 87'12'13"W with the.rth 1 f Old Settlers Boulevard at 12.50 feet pass the Southwest corner ofAe,proposed Lot 1 of Whitney Tract Phase 1 17 and continue for a total of 42.98 feet to-'corner. THENCE N 02047'4T' W 18.U0 to an ell corner of this tract. THENCE S 870 12'1 W 7 to an ell corner of this tract. v 1 THENCE S 02047'4 " eet to a point on the North line of Old Settlers Boulevard for an ell, omer� is tract. O � THENCE with the North line of Old Settlers Boulevard 58.94 feet to oi� rner of this tract. THENC 047 47" W 47.50 feet to the most westerly Northwest corner of this I ' -17*12'13" E 199.62 feet to the PC of a curve to the left said curve ius of 24.00 feet and a central angle of 90°00'. NCE with the are of the said curve 37.70 feet the long chord of which bears /N 42012'13"E 33.94 feet to the PT of the said curve. �]ENCE N 02047'47" W 50.22 feet to the most Northerly Northwest corner of this tract. THENCE N 870 12'13"E 26.00 feet to the Northeast corner of this tract. 0. E $IT "A" PAGE 2 OF 3 O THENCE 1 1.71 feet to the POINT OF BEGINNING containing 0.258 acres of Ian o less. 1, Claude F. Hinkle, Jr. , a R.egiste Professivni Land Surveyor, do hereby certify that these field notes were compiled from public records,and ulations made by me and are correct to the best of my knowledge and belief. This is not an on e- .0 d s e No monqmeno were .OF T�.GyQ Clau F. role, Jr. R.P.L. . . 4 y CLAUDE F HIN.KLE J.R. \4629 � 0 2012 r Q � �ti`°FFESs\°r-�� � Date 17 e CQ s U?1 0 Austin Surveyors 2012 17f Sketch to accompany field notes for 0.258 acre tract of land in the Willis Donaho Survey, A-173, in Williamson County, Texas ..• jtjr N 8T 1 '13"E 2 R= 24.00' D= 90'00' A= 37.70' \ .. Ch= 33.94; N42'12'13"E N 8T12'13"E 199.62' � ra 0.258 Ac. ^� o o co S BT 12'13 147.70' mo .I 87.96' o V o N 30.4$ 58.94' ° S 8T 12'13 42.98' N 8T 12' YE S 8r12'13W E Old Settlers 130 vard R.O.W. varies) LINE TABLE T1 N 02'47'47" W 18.00' T2 S 02'47'47" E 18.00' 0 Exhibit " Sheet 3 of 3 F1.1d n.tes pr.par.d beoring bosis grid North SCALE 1" = 50' J0b NO Od Data: F 2012 Checked LEGEND le '.` So R O Iron Pin Set Iron Pin Found AUSTIN SURVEYORS 2105 Justin.Lane ., #1Ds AuatIzi, Texas 78767 © Austin Surveyors 2012 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2012015610 03/05/2012 10:59 AM CPHELPS $52.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS O O 0 0 0 O s� . Ar4- 'Doo 46--4+0111, 76 ���Sz EXHIBIT D r 1 N Aff ....I / LEGEND / I GAS TANK (SUE OLB)- CAS LID —- EXIST ROW - \ .9£•�Z ld —-PROP RON i EX X 0 N 1 I • SUE SERVICES IN ACCORDANCE O, I NI TH ASCE/UESI/CI 3B-22. I LOCATION OF UNDERGROUND STORAGE TANK IDENTIFIED USING GROUND PENETRATING I RADAR WHOSE LOCATION IS TIED O' TO THE PROJECT SURVEY DATUM m WITH AN ACCURACY OF 0.2 FT �¢ C HORIZONTALLY. 0 2040 O k I ,Q- SCALE, Z ro WIC Q- SUBMITTED PROPOSED DRIVEWAY WIDENIN 8 Q• UNDER THE AUTHORITY OF, ERIC BUSKER, PE No 123341 n e a e e 11 DATE: 1/27/2023 0 0 0 5 I— NOT TO BE USED FOR CONSTRUCTION, zr RIDDING OR PERMIT PURPOSES EXIST LANDSCAPIN I N ITO R MAIN) GAS TANK XIST AIR PCF� iO P n PROPOSED FUEL MA(TOC REMAIN)HINE o PRIG SIGN 5 LOCA ION •• T� n/zoz3 DRIVEWAY T 8 BE REMOVE �._ _ a d PROP ROW _ __ '� - .._aA CL 0 - XIST FUEL I NO.DATE REVISION APPROVED _ EXIST-ROW ______� PRICE SIGN. G& _ ROUND ROCK TFXAS • -�- cL_ .00 dIncu N 8T 11�13.24" E _ _ _ _�_F— •-se.nH.• i� ..e.....bg ­ X Ten. 8$ �--'---- 814.00 m a I rePE1Ra m�.mn . 812.00 g �• •� NORTH RED BUD LN _^OLD SETTLERS BLVD o d I EXXON DRIVEWAY o i I & ROW LAYOUT mY a PC 30• SHEET 1 of 1 iI DESIGNED BYI kN.7jt _ _ Ex[sr ROW ORAWN BY1 --P--P--P-- P�-P- -F._ _q"-T�—^.-P___ CHECKED BYI APPROVED BYI