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GM-10-06-11-002 r BRUSHY CREEK REGIONAL UTILITY AUTHORITY PURCHASE CONTRACT THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT WITNESSETH that the undersigned herein called Owner, whether one or more, for good and valuable consideration, the receipt of which is hereby acknowledged, agree to grant a Temporary Construction Easement to Brushy Creek Regional Utility Authority, Inc. herein called BCRUA, a Texas public non-profit corporation, situated in Williamson County, State of Texas, or its assigns, and the BCRUA agrees to acquire the temporary easement property rights for the consideration and subject to the terms herein stated, upon the following described real property, to-wit: Temporary Construction Easement parcel: All that certain tract, piece or parcel of land, lying and being situated in the County of Williamson, State of Texas, described in EXHIBIT "A" attached hereto and made apart hereof for all purposes, to which reference is hereby made for a more particular description of said property. TOTAL PRICE: $2,100.00 shall be paid by BCRUA for the Temporary Construction Easement and for which no lien, or encumbrance expressed or implied, is retained. Owner agrees to convey to BCRUA temporary easement property rights to the above- described property for the consideration herein stated, or whatever interest therein found to be owned by the Owner for a proportionate part of the above consideration. Owner at closing shall deliver to BCRUA a duly executed and acknowledged Temporary Construction Easement in the form and substance as the attached instrument shown as EXHIBIT"B". BCRUA will promptly record such instrument in the applicable county records. Owner hereby agrees to comply with the terms of this contract and agrees that the Temporary Construction Easement to the above-described property shall be effective at the time of closing. BCRUA agrees to prepare the Temporary Construction Easement for the above- described property at no expense to the Owner. BCRUA agrees to pay to Owner, upon delivery of the properly executed Temporary Construction Easement instrument, the above-stated amount or the proportionate part of that price for whatever interest owner may have. The validity of this contract is contingent upon BCRUA Management approval. Either party may terminate this contract if such approval is not obtained within 30 days. This agreement supersedes any and all other agreements, either oral or in writing, between the Owner and BCRUA hereto with respect to said matter. Pursuant to Tex. Prop. Code Sec. 21.023, BCRUA hereby advises, and Owner hereby acknowledges he or she has been advised, of the following: if Owner's property is acquired N-/0__ �_ I!— Doz_ through eminent domain, (1) Owner or Owner's heirs, successors, or assigns are entitled to repurchase the property if the public use for which the property was acquired through eminent domain is canceled before the le anniversary of the date of acquisition; and (2) the repurchase price shall be the fair market value of the property at the time the public use was canceled. Owner and BCRUA agree that said temporary easement property rights are being conveyed to Brushy Creek Regional Utility Authority, Inc. under the imminence of condemnation, as that term is used in the United States Internal Revenue Code. TO BE EFFECTIVE ON THE LAST DATE INDICATED BELOW: BUYER: BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. a Texas public non-profit corporation Date: ��,[ ►`-e- ��°1 d By: _C1"- ' c4 4 Chris Lippe, GenAr#1 Manager SELLERS: Cedar Park Town Center, L. P., a Texas limited partnership By: Ainbinder Cedar Park, LLC, a Texas limited liability company, its General Partner 1 ` Date: r �o�© By: Name: &rs z"'�e( Xio I%-4'r Title: Manager Tax I.D.#: Project: BCRUA Regional Water System Transmission Segment 2C Parcel No.: 6A WCAD Tax ID: R457491 JOINDER BY TENANT The undersigned owner of certain leasehold interests in the property described in the attached EXHIBIT "A" consents to the conveyance of said property to Brushy Creek Regional Utility Authority, Inc. as set out in the foregoing contract. EXECUTED THIS day of , 2010. Print Leaseholder's Name By: (Signature) Print Name: Address: Phone No.: { ) If there are no leasehold interests, written or verbal, please sign here. Cedar Park Town Center, L.P. By: Ainbinder Cedar Park LLC, Its General Partner c Seller Date PROJECT: NEW HOPE ROAD Page 1 of 4 PARCEL: 6A-E COUNTY: WILLIAMSON OWNER: CITY OF CEDAR PARK EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.051 ACRE (2,237 SQUARE FOOT), TRACT OF LAND SITUATED IN THE S. J. DOVER SURVEY, ABSTRACT NO. 168, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 6.117 ACRE REMAINDER OF THAT CALLED 479.720 ACRE TRACT OF LAND CONVEYED TO V-S CEDAR PARK, LTD., BY INSTRUMENT RECORDED IN VOLUME 2638, PAGE 477 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.051 ACRE (2,237 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found metal disk in concrete in the easterly boundary line of said 6.117 acre tract, 211.32 feet right of proposed New Hope Road baseline station 84+67.08, being the southwesterly comer of that 20.718 acre remainder of that called 37.022 acre tract of land conveyed to Cedar Park Health System, L.P., by instrument recorded in Document No. 2006033489 of the Official Public Records of Williamson County, Texas, and the northwesterly comer of Lot 1, Block "A", Triad Subdivision, Section 1, according to the plat thereof recorded in Cabinet BB, Slides 391-394 of the Plat Records of Williamson County, Texas; THENCE, departing the northwesterly corner of said Lot 1, with the common boundary line of said 6.117 acre tract and said 20.718 acre tract, N 19052'09" W for a distance of 144.99 feet to a calculated point, 74.85 feet right of proposed New Hope Road baseline station 84+24.18, being the southeasterly comer and POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, through the interior of said 6.117 acre tract, the following two courses: 1) Along a curve to the right, having a delta angle of 08°12'42", a radius of 1075.00 feet, an arc length of 154.07 feet, and a chord which bears N 84°43'36" W for a distance of 153.94 feet to a calculated point, being the southwesterly comer of the herein described tract; 2) N 10°39'40" E for a distance of 15.00 feet to a calculated point in the curving northerly boundary line of said 6.117 acre tract, same being the existing southerly right-of-way line of County Road 180, also known as New Hope Road (120 foot right-of-way width), 59.75 feet right of New Hope Road baseline station 82+81.16, being the northwesterly comer of the herein described tract; PROJECT: NEW HOPE ROAD Page 2 of 4 PARCEL: 6A-E COUNTY: WILLIAMSON OWNER: CITY OF CEDAR PARK 3) THENCE, with the northerly boundary line of said 6.117 acre tract and said existing southerly right-of-way line of County Road 180, along a curve to the left, having a delta angle of 07053'08", a radius of 1060.00 feet, an arc length of 145.88 feet, and a chord which bears S 84031117" E for a distance of 145.77 feet to a set 1/2" iron rod with aluminum cap stamped R.O.W. in the westerly boundary line of said 20.718 acre tract, being the northeasterly corner of said 6.117 acre tract and an angle point in said existing southerly right-of-way line of County Road 180, and being the northeasterly comer of the herein described tract, from which a found 1/2" iron rod with plastic cap bears S 19°52'09" E, a distance of 0.19 feet; 4) THENCE, departing said existing southerly right-of-way line of County Road 180, with the common boundary line of said 6.117 acre tract and said 20.718 acre tract, S 191152'09" E for a distance of 15.92 feet to the POINT OF BEGINNING, containing 0.051 acres (2,237 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Step en Tru sdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor OF Inland Geodetics, L.P. °� oa�� °� 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 M. STE .h TSD4LE 512-238-1200 , 4s�its S , a' "*.A* F,4 $U1k EXHIBIT " 4/24/08 PLAT TO ACCOMPANY DESCRIPTION 25 0 50 100 how lid ftgw i opo Scale 1" 100' --.Zd — S 19°52'09'E r 0.19' A- -o c \�, DETAIL'A" Ip 9 Q NOT TO SCALE .w. !r \`•�• �p:; ar 771, ^rs28� r,,,►+ ay , / •W ip HHB S) . 00_ (R p PROP SEO NEW M BASELfNE ..�� OPE R SEE PROPOSED R.O.W• DETAIL' Sto 8;.81.16 _— 59.75 AT __ P.O.B. Sto 94.24.18 A- Z\\ 74.95'AT CEDAR PARK HEALTH SYSTEM, L.P. .cN (20.718 AC. REMAINDER 0.0'SI ACRES N.\ 'mow OF 37.022 AC.) 2,237 SO.FT. � DOC. N0. 2006033489 \ O.P.R.W.C.T. P,O.R. \ Sto 94+67.08 V—S CEDAR PARK, LTD. z11.32'AT LOT I. BLOCK A (A 6.117 ACRE REMAINDER TRIAD SUBDIVISION OF 479.720 AC.) \ _ 88CS91-3941LO 3 VOL. 2638 PG. 477 \ (J�— CAB. P.A.W.C.T. WILLIAM S. PARKER SURVEY ABSTRACT NO, 9 S.J. DOVER SURVEY \ ABSTR4CT NC. 168 \ PAGE 3 OF 4 1 N LAN PARCEL PLAT SHOWING PROPERTY OF GEODMCS V-S CEDAR PARK, LTD. f ROFESSIONAL LAND SURVEYORS PARCEL 6 A-E 04 CH[SHOLM TRAIL RD. STE 103ROUND ROCK,TK.79981 SCALE PROJECT COUNTY ►a�n:3e izoo.FAKalnne usi 1" — 100' C.R. 180 WILLIAMSON EXHIBIT " 4/24/08 PLAT TO ACCOMPANY DESCRIPTION LEGEND p 1/2 ' IRON ROD FOUND TO BE REPLACED BY 1/2'IRON ROD SET W/ ALUMINUM CAP STAMPED ROW 0 1/2"IRON ROD SET W/ALUMINUM CAP STAMPED ROW 0 1/2"IRON ROD FOUND UNLESS NOTED 0 1/2"IRON PIPE FOUND UNLESS NOTED Di METAL DISK IN CONCRETE Q 1/2'IRON FOUND W/PLASTIC CAP CALCULATED POINT 0 FENCE POST e PROPERTY LINE { CENTER LINE f l RECORD INFORMATION P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE P.O.C. POINT OF CURVATURE P.T. POINT OF TANGENT x— FENCE D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY,TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS LINE TABLE OF WILLIAMSON COUNTY,TEXAS LINE BREAK N0. BEARING IDISTANCE / VV LI N 10°39'40° E 15.00' L21S 19052'09" El 15.92 NUMBER DELTA ANGLE CHORD DIRECTION RADIUS JARC LENGTH CHORD LENGTH Ci 08012'42" N 84043'36' W 1 1075.00' 154.07' 1 153.94- C2 07053'08" 1 S 84031'17' E 1 1060.00` 145.88' 1 145.77' NOTES: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. (i_ Ilult, 'I-YA� A. *EPHEN TRLIESDALE M STEP I*hIM31WPLE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933X8433�� LICENSED STATE LAND SURVEYOR +�� +� INLAND GEODETICS, L.P. -� ".,� �� �.®"*-k 1504 CHISHOLM TRAIL ROAD, SUITE 103 � Irk. ROUND ROCK, TEXAS 78681 PAGE 4 OF 4 1 N LAN� PARCEL PLAT SHOWING PROPERTY OF GEODETICS V-S CEDAR PARK, LTD, PROFESSIONAL LAND SURVEYORS PARCEL 6 A-E 1504 CHM40LM TRAIL RD. STE.103 ROUND ROCK,TX,78661 SCALE PROJECT COUNTY PW.0 1 21 233-1200,FAX(512)233-1211 WILLIAMSON 1" 100' C.R. 180 EXHIBIT "B" Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § Cedar Park Town Center, L. P., a Texas limited partnership, located at 2415 West Alabama, Suite 205, Houston, Texas 77098 (called "Grantors" whether one or more), in consideration of$10.00 and other good and valuable consideration to Grantors in hand paid by Brushy Creek Regional Utility Authority, Inc., the receipt of which is acknowledged, have this day GRANTED and CONVEYED, and by these presents do GRANT and CONVEY, unto the Brushy Creek Regional Utility Authority, Inc., a Texas public non-profit corporation situated in the County of Williamson and whose address is 121 East Main Street, Round Rock, Texas 78664, ATTN: Chris Lippe (called "Grantee"), a temporary construction easement to permit working space for the construction in the right of way of New Hope Road of a 72-inch water transmission line (called "Project") in, upon, and across the following described land: All that parcel of land, situated in Williamson County, Texas described in Exhibit "A" attached and incorporated for all purposes, (called "Temporary Construction Easement"). TO HAVE AND TO HOLD the same during the Project construction period to the Brushy Creek Regional Utility Authority, Inc., its successors and assigns, together with the right and privilege at all times during the Project construction period to enter all or part of the Temporary Construction Easement, which will provide working space to construct the Project and to make connections therewith. This easement is subject to all matters of record affecting the subject property. Provided, however, that Brushy Creek Regional Utility Authority, Inc., after completing and accepting the Project, must restore the surface of the Temporary Construction Easement to a similar or better condition than existed before the Project was undertaken. During the term of this easement, Grantee shall maintain the subject property in a safe condition and in compliance with the laws. As additional consideration, Grantee agrees that it shall maintain access at all times during the Project to any and all of Grantor's remaining property abutting the Temporary Construction Easement. Such access shall be at a location and of a size and construction to meet the legal requirements of the City of Cedar Park, Texas for access to Grantor's remaining property from New Hope Road. This Temporary Construction Easement becomes effective on the date of execution of this document and expires upon completion of the installation of the Project,but in no event later than two (2) years from date of execution of this document. This Temporary Construction Easement automatically terminates on said expiration EXHIBIT "B" Page 2 of 3 date. Upon such termination, Brushy Creek Regional Utility Authority, Inc., its successors and assigns, have no further rights hereunder. No written release by Brushy Creek Regional Utility Authority, Inc. is required or necessary; however, within thirty (30) days of a written request from Grantor, Grantee shall execute and deliver to Grantor a recordable release hereof. GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whosoever lawfully claiming or to claim the same or any part thereof. Executed on , 2010. GRANTORS: Cedar Park Town Center, L. P., a Texas limited partnership By: Ainbinder Cedar Park, LLC, a Texas limited liability company, its General Partner By: Name: Title: Manager EXHIBIT "B" Page 3 of 3 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this day of 2010,by , as Manager of Ainbinder Cedar Park, LLC, a Texas limited liability company, as general partner of Cedar Park Town Center, L. P., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas (SEAL) Printed Name: My Commission Expires: Upon recording, return to: Brushy Creek Regional Utility Authority 121 E.Main Street Round Rock,Texas 78664 Project: BCRUA Regional Water System Transmission Segment 2C Parcel No.: 6A WCAD Tax ID: R457491