Loading...
CM-2025-136 - 5/16/2025Sheets & Crossfield, Pc�c ATTORNEYS AT LAW 309 East Main Street . Round Rock. TX 78664-5246 Phone 512-255-8877 . fax 512-255-8986 John a scrrla%% coin May 6, 2025 Via e-mail: matt(f2blilawgroupcom Matthew Harriger Brady & Hamilton — Womack McClish 805 E. 32nd Street, Suite 200 Austin, Texas 78705-2529 Attorney for AT Holdings-Travco, LLC RULE 11 SETTLEMENT AGREEMENT Re: City of Round Rock, Texas, Condemnor v. AT Holdings-Travco, L.L.C., and Howard Lorch, Condeninees; Cause No. C-1-CV-24-006819; filed in the County Court at Law No. 2 of Travis County, Texas; Phase 2 project; Parcel 96; and City of Round Rock, Texas, Condemnor v. AT Holdings-Travco, L.L.C., and Allegiance Bank, Condenrnee; Cause No. C-1-CV-21-001319; filed in the County Court at Law No. 2 of Travis County, Texas; Phase 2 project; Parcel 99. Dear Mr. Harriger: This letter will serve as a Rule 11 Settlement Agreement ("Agreement") between the City of Round Rock, Texas ("Condemnor"), A.T. Holdings-Travco, L.L.C. and Howard Lorch (hereinafter "Condemnees"), (collectively the "Parties") as to the following: 1. This Rule I l Settlement Agreement is for the resolution of the above referenced condemnation cases brought by the Condemnor. 2. Cause No. C-I-CV-24-006819, Parcel 96: a. Condemnor agrees to pay the total compensation amount of $39,000.00 in complete settlement of any and all claims which have been or which could have been made by the parties as a result of the events giving rise to the filing of the live petition in the case under Cause No. C-I-CV-24-006819, including, but not limited to, compensation for Condemnor's permanent easement interest acquisition, described in Exhibit "A" ("Parcel 96"), easement rights, more particularly described in further detail as set out in Exhibit "B," attached hereto, damages to the remainder, if any, and any costs to cure. b. The Parties agree to settle this condemnation case for the acquisition of Parcel 96 via an agreed or final judgment for the total compensation amount of $39,000.00. c. The Parties agree that $39,000.00 is the final and total compensation amount payable to all parties in this case and is inclusive of any pre judgment interest. The Condemnor shall receive a credit of $14,000.00 previously paid pursuant to the Award in this case, leaving a balance of $25,000.00 to be paid pursuant to this agreement for Parcel 96. d. Post judgment interest, if any, is tolled for a period of 60 days after the Court signs a judgment in this case. if Condemnor fails to pay the $25,000.00 amount within the 60 days of the Court signing a judgment in this case, then Condemnees shall be entitled to post judgment interest only on the $25,000.00 balance at the statutory rate as of the date the judgment is signed by the Court until paid. e. Plaintiff shall make such check or warrant payable to "Brady & Hamilton, LLP, FBO A.T. Holdings-Travco, L.L.C." and deliver such payment to Brady & Hamilton, LLP at 1602 13th Street, Lubbock, Texas 79401; and that A.T. Holdings-Travco, L.L.C. or its attorneys shall sign a release of judgment within 30 days of a request by the Condemnor, which may be duly recorded in the deed records of Williamson County, Texas. In the event Condemnees are unable to provide necessary documents to effectuate payment, or be available to accept payment, as directed above, Condemnor may deposit the unpaid balance in the registry of the Court to satisfy payment obligations. f. Condemnor's sole compensation obligation shall be the total payment of $39,000.00 for Parcel 96. Any compensation claims made in this case by parties to this lawsuit shall be satisfied from this payment without further recourse to Condemnor. 3. Cause No. C-I-CV-21-001319, Parcel 99: Condemnor agrees to pay the total compensation amount of $39,000.00 in complete settlement of any and all claims which have been or which could have been made by the parties as a result of the events giving rise to the filing of the live petition in the case under Cause No. C-1-CV-21-001319, including, but not limited to, compensation for Condemnor's permanent easement interest acquisition, described in Exhibit "C" ("Parcel 99"), easement rights, more particularly described in further detail as set out in Exhibit "D," attached hereto, damages to the remainder, if any, and any costs to cure. b. The Parties agree to settle this condemnation case for the acquisition of Parcel 99 via an agreed or final judgment for the total compensation amount of $39,000.00. c. The Parties agree that $39,000.00 is the final and total compensation amount payable to all parties in this case and is inclusive of any pre judgment interest. The Condemnor shall receive a credit of $9,526.00 previously paid pursuant to the Award in this case, leaving a balance of $29,474.00 to be paid pursuant to this agreement for Parcel 99. 2 of 6 d. Post judgment interest, if any, is tolled for a period of 60 days after the Court signs a judgment in this case. If Condemnor fails to pay the $29,474.00 amount within the 60 days of the Court signing a judgment in this case, then Condemnees shall be entitled to post judgment interest only on the $29,474.00 balance at the statutory rate as of the date the judgment is signed by the Court until paid. e. Plaintiff shall make such check or warrant payable to "Brady & Hamilton, LLP, FBQ A.T. Holdings-Travco, L.L.C." and deliver such payment to Brady & Hamilton, LLP at 1602 13th Street, Lubbock, Texas 79401; and that A.T. Holdings-Travco, L.L.C. or its attorneys shall sign a release of judgment within 30 days of a request by the Condemnor, which may be duly recorded in the deed records of Williamson County, Texas. In the event Condemnees are unable to provide necessary documents to effectuate payment, or be available to accept payment, as directed above, Condemnor may deposit the unpaid balance in the registry of the Court to satisfy payment obligations. f. Condemnor's sole compensation obligation shall be the total payment of $39,000.00 for Parcel 99. Any compensation claims made in this case by parties to this lawsuit shall be satisfied from this payment without further recourse to Condemnor. If any party outside of this Agreement contests compensation and. -or this settlement at any proceeding after this Agreement is frilly executed in either case, Condemnor may terminate this contract, and the Parties may proceed with both lawsuits as if there had never been an agreement. This agreement is contingent on final approval by Condemnor. In the event this Agreement is not approved by Condemnor and executed by an authorized representative, this agreement is null and void and the Parties may continue with both cases as if there had never been an agreement. 6. This Agreement may be filed as a Rule I I agreement in both cases. 7. The Parties bear their own cost of court as incurred. If this letter correctly sets forth the terms of our agreement and the settlement reached between Condemnor and Condemnees, please indicate by having the appropriate person execute this letter in the space indicated below and return it to my attention for filing with the Clerk. Sincerely, s;'John L. Kelley John L. Kelley Sheets & Crossfield, PLLC Attorney for City of Round Rock, Texas [signature pages follow] 3 of 6 AGREED AND ACCEPTED: AT Holdings-Traveo, L.L.C. Title: N FA - Address: 4T?& $cw04r— Date; U. _ T-Y Z7dzy 4 of 6 Address: Date: 5 of 6 Yll- .�)c '. AGREED AND ACCEPTED: City of Round Rock, Texas By: Print/title: Date: of EXHIBIT "A" BCRUA 096 TEXAS LAND FUND NO.6, L.P. (gj'F4��l artners*surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 EXHIBIT "A" 20 FOOT WIDE (0.366 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.366 ACRE) STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 107.307 ACRE TRACT DESCRIBED IN A DEED TO TEXAS LAND FUND NO. 6, L.P., OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2007175662 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) SAID 0.366 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 112" IRON ROD WITH CAP STAMPED "RPLS 5784" FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE EAST CORNER OF A CALLED 14.90 ACRE TRACT DESCRIBED IN TRACT "A" IN A DEED TO MARY F CAMERON AND HUSBAND, CLAUD G. CAMERON, OF RECORD UNDER T.C.C.D. 2008021031 OF SAID O.P.R.T.C.T AND THE NORTH CORNER OF SAID 107.307 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 66.10'20" E— 100.35'WITH THE SOUTHWEST MARGIN OF NAMELESS ROAD, ALONG THE NORTHEAST LINE OF SAID 107.307 ACRE TRACT, TO A 112" IRON ROD FOUND FOR ANGLE; THENCE S 65"01'42" E — 386.74' TO A 112" IRON ROD FOUND FOR ANGLE; THENCE S 58`59'03" E — 303.24' WITH THE SOUTHWEST MARGIN OF NAMELESS ROAD, ALONG THE NORTHEAST LINE OF SAID 107,307 ACRE TRACT, TO A 112" IRON ROD FOUND MARKING THE NORTH CORNER OF A CALLED 3.0 ACRE TRACT REFERENCED IN A DEED TO DARLENE VOIGT, OF RECORD UNDER T.C.C.D. 2011121801 OF SAID O.P.R T C T AND THE EAST CORNER OF SAID 107.307 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 28'08'24" W — 20.03' WITH THE COMMON LINE BETWEEN SAID 3.0 ACRE TRACT AND SAID 107.307 ACRE TRACT, A POINT AT THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON ROD FOUND MARKING THE MOST WESTERLY NORTH CORNER OF A CALLED 8.000 ACRE TRACT DESCRIBED IN TRACT 1 IN A DEED TO GEORGE WALTER HENDERSON. OF RECORD IN VOLUME 12306, PAGE 2941 OF SAID O.P.R.T.C.T. BEARS S 28'08'24" W — 364.46'; THENCE THROUGH THE INTERIOR OF SAID 107.307 ACRE TRACT, THE FOLLOWING FIVE CALLS: 1) N 58°30'09" W —1.09' TO A POINT FOR ANGLE, 2) N 58°59'03" W — 302.10' TO A POINT FOR ANGLE, 3) N 65°01'42" W — 385.48' TO A POINT FOR ANGLE, 4) N 66°10'20" W — 100.20' TO A POINT FOR ANGLE, 5) N 65°52'24" W— 13.83' TO A POINT IN THE COMMON LINE BETWEEN SAID 107 307 ACRE TRACT AND SAID 14.90 ACRE TRACT, FROM WHICH A COTTON SPINDLE FOUND FOR REFERENCE ON SAID LINE, BEARS S 58'41'48' W — 658.45% THENCE N 58"41'48" E — 24.29' W ITH THE COMMON LINE BETWEEN SAID 107.37 ACRE TRACT AND SAID 14 90 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.366 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED. AUGUST 22. 2017 Ur.IRE ASED- JANUARY 2, 2018STER..........@ (E.*# N L. SIMPSONWARREN i SI SON, R P.L S. 4 2 PROJ NO 3-00619 NO. Al-1368 "" "`:"`41 4122 s�PLAT ....• FIELD NOTE NO. 096 lJ Rv� MAP CHECKED: 1212012017-JBM www.WalkerPartners.com TBPE Registration No.8053 1 TBPLS Registration No. 1Oi94317 GAProjecfs\3-00619\3 Phase 2 Land Rights\I Survey\1.5 Final Copies\F eld Notes\FN-96.docx BCRUA 096 TEXAS LAND FUND NO. 6, LP. FIELD NOTE THIS PORTION OF THE 107307 ACRE TRACT \� POINT OF BEGINNING OESCRIBEDUNDERT.C.CD,2OG7175662. GRID COORDINATES 0 P Il T.0 T APPEARS TO BE INCON11101 N:1016002597 E 30556ER94' WITH THE RIGHT OF WAY DESCRIBED IN VOLUME 1255. PAGE 141. D.RT,C,T 112' IRON ROD FOUND � 1`1AMQESS ROAD r� wu�ro� W�ITlHgCAPSTAMPEO 15 L-i L-f3 L-16 Cd Yww u06Q,PMitNtYAT.GT, L•7.- MARYF CAMERONAND f LL-0 AMBACRE) "BAND. CLAUD G OAMERON EASEMENT I;ALLEO 14 90 ACRES TRACT'A' i C D F 2008021031�,��3� aii011$� �1 • ' �� :J4J=rpi� Pin 7"A SURVEY LINE ie — s ' 1 GF APPROXIMATEiOCAT10N TEXAS LAND FUND NO. 6,LIP, `�' CALLED 107.307 ACRES 5 T.C.C.D.2OD7175662 ;11I,'d]i O.P.R.T.C.T. S.I ;s STU AAgj im-vi 7v'" LEGEND COTTON SPINDLE FOUND FORREFERENCEAT = 1f2'IRON ROD FOUND S 68'41'48' W 658 45 (UNLESS OTHERWISE NOTED) ( I =DEED CALLS D,R,T.C.1 a DEED RECORDS TRANS COUNTY, IEXAS T.C.CD. = TRAVIS COUNTY CLERK'S OOCUMENT O.P,R,T.C.T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY. TEXAS 'EASEMENT AREA —X— •WIRE FENCE -O- =UTILITY POLE —E— = OVERHEAD ELECTRIC LINE — T — = OVERHEAD TELEPHONE LINE SURVEYORS NOTES. SURVEYED. AUGUST 22,2017 RELEASE DATE JANUARY 2.2018 FIELD NOTES ATTACHED HERETO, MADE A PARTHEREOF AND TITLED 20 FOOT WIDE (0.366ACRE) ELECTRIC EASEMENT LOCATEDIN THE JOSE ANTONIO SURVEY ABSTRACT 84%TRAVIS COUNTY, TEARS. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A T.TLE REPORT THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON- HOWEVER THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS. RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORDORNOT OF RECORD) WHICH MAY AFFECT THE SUBJECT TRACTARE SHOWN HEREON THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE VALUES (O: L:L.I'\'RI(III'[-AI.I KIGE17;tiRL:�l:k47-[) Z LINE TABLE LINE DIRECTION LENGTH LA S 66.10- 20' E 100 35' L-E P 66' 12Y7' E; (]00.161 L-2 S 65' 01' 47 E 38634' L-3 S 58' 5V 07 E 303.24' 40) I$ 58. 59' 39' EI (303.211 L-4 S 26' DB' 24' W 2D03 L-5 N 58' 30' 09' W 1.09, L-6 N 58' 59' 03' W 302 10' L-7 N65'01'42'W 3B518' LA N 66. 10' 20' W 10020' L-9 N654S2'24'W 13,U L-10 N 58.41' 48' E 24 25 L•11 S80'47'3TE 88.68' L-12 S66'463TE 0298' L,13 S593501.t 150.51' L-14 554.4T 48'E 69.73' DARLENE VOIGT CALLED 30 ACRES T.C.C.D.2011121801 0PR.TCT 71t2' IRON RODFOUND �GEORGE WALTER HENDERSON CALLED 8 000 ACRES TRACT 1 .\VOLUME 12306 PAC: E2541 0PRT:I EXHIBIT OF A 20 FOOT WIDE (0.366 ACRE) ELECTRIC EASEMENT LOCATED IN THE LOSE ANTONIO SURVEY ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 107.307 ACRE TRACT DESCRIBED IN A DEED TO TEXAS LAND FUND NO, 6, LP. OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2007175662 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS frw'V WARRENL SIMPSON RP.LS.4122 or Isunpson@a:alkerpa tws can � Talker Partners engineers * surveyors 004 Laa Cima Pkrry.. 9uiie t5$ � Ausa. Teas 7$1a$ Phone: 1.5123824WI- T.B.P.E I7gyimtn Nu-8457 T.0 P.L.S. Rspaaalm No. 10194317 10o 2(Nz #A1 O AIII I IC SCALH IN 17i1`1' III \I NO. Al-1368 PRO) NO. 1-114)619 DRAI-FILD 12 2N 17 I mi N7\ }.IN NO. 096 IB/PG 3 3 52 DRA%X-N BY IBM_ D1\(.-N.\T11;3-OD619ESW-PNtm096-TD(AS \I All I.IIK'DI^_ ?n 1 LAND RIND EXHIBIT "B" ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That AT HOLDINGS-TRAVCO, LLC and HOWARD LORCH, for and in consideration of ONE DOLLAR ($ I.00) in hand paid by the City of Round Rock, Texas, has granted, sold, and conveyed and by these presents does grant, sell, and convey unto CITY OF ROUND ROCK, TEXAS ("Grantee") an easement and right-of-way as hereinafter described for the purpose of an electric distribution line consisting of variable number of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and cable television wires, props, guys, and anchors) over, across and upon the following described lands located in Williamson County, Texas, to -wit: All of that certain 0.366 acre tract in the Jose Antonio Ybarbo Survey, Abstract No. 840, Travis County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 96 With guying easements as needed, together with the right of ingress and egress over Grantor's adjacent lands to or from said right-of-way for the purpose of constructing, reconstructing, inspecting, patrolling, hanging new wire on, maintaining and removing said lines and appurtenances; provided however the right to use such adjacent lands shall only be permitted if there is no reasonably available access to the easement area from a public right of way; the right to relocate the lines within the limits of said easement and right-of-way; the right to remove from said lands all trees and parts thereof, or other obstructions which endanger or may interfere with the efficiency of said lines or their appurtenances. Grantor warrants that Grantor is the owner of said property and has the right to execute this easement. TO HAVE AND TO HOLD the above -described easement and rights unto Grantee and its successors and assigns, until said easement and rights shall be relinquished. This easement may be assigned by Grantee. Grantor, Grantor's heirs and legal representatives do hereby bind themselves to warrant and forever defend all and singular the above -described easement and rights unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS my hand this day of , 20 [signature page follows] ATTRAV(96)--electric easement form to CORR (dc 12.29.23) 4870-9460-5721 v.I GRANTOR: AT HOLDINGS-TRAVCO, LLC [Printed Corporate or Business ]Name) By: Its: (signature) THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of ,2a Notary Public in and for The State of Texas 2 Howard Lorch THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Howard Lorch, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of .20 Notary Public in and for The State of Texas Please Return to: EXHIBIT "C" BCRUA 099 A.T. HOLDING - TRAVCO, LLC Walker Partners engineers * surveyors 804 Las Cimas Parkway, Suite 150 Austin, Texas 78746 EXHIBIT1 1 A — 0.278 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 0.278 ACRE STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 18.853 ACRE TRACT DESCRIBED IN A DEED TO A.T. HOLDING -- TRAVCO, LLC, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2011145738 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) SAID 0.278 ACRE EASEMENT BITING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 112" IRON ROD FOUND AT THE INTERSECTION OF THE CURVING WEST MARGIN OF NAMELESS ROAD AND THE SOUTH MARGIN OF LINDEMAN LANE, MARKING THE NORTHEAST CORNER OF SAID 18.853 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE AN ARC LENGTH OF 141.41' WITH A CURVE TO THE LEFT, ALONG THE WEST MARGIN OF NAMELESS ROAD, WITH THE EAST LINE OF SAID 18.853 ACRE TRACT, HAVING A RADIUS OF 1186.00'. A CENTRAL ANGLE OF 06"49'54" AND A CHORD WHICH BEARS S 20"56'06" E - 141.33' TO A POINT AT THE END OF SAID CURVE; THENCE S 24°21'04" E - 299.50' CONTINUING WITH THE WEST MARGIN OF NAMELESS ROAD, ALONG THE EAST LINE OF SAID 18.853 ACRE TRACT, TO A 112" IRON ROD WITH CAP STAMPED 'HOLT CARSON, INC." FOUND AT THE BEGINNING OF A CURVE TO THE LEFT, THENCE AN ARC LENGTH OF 96.27' WITH SAID CURVE TO THE LEFT, ALONG THE WEST MARGIN OF NAMELESS ROAD, WITH THE EAST LINE OF SAID 18.853 ACRE TRACT, HAVING A RADIUS OF 1186.00'. A CENTRAL ANGLE OF 04°39'04" AND A CHORD WHICH BEARS S 26"36'03" E - 96.25' TO A 112" IRON ROD WITH CAP STAMPED "HOLT CARSON, INC." FOUND MARKING THE NORTHEAST CORNER OF A CALLED 9,427 ACRE TRACT DESCRIBED IN A DEED TO EDD MACK FULKES, III AND WIFE, NANCY CAROL FULKES, OF RECORD UNDER T.C.C.D. 2011145737 OF SAID O.P.R.T.C.T. AND THE SOUTHEAST CORNER OF SAID 18A53 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 80°23'45" W- 30.85' WITH THE COMMON LINE BETWEEN SAID 18.853 ACRE TRACT AND SAID 9.427 ACRE TRACT, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON ROD WITH CAP STAMPED "HOLT CARSON, INC." FOUND MARKING THE NORTHWEST CORNER OF SAID 9.427 ACRE TRACT AND AN INTERIOR ELL CORNER OF SAID 18.853 ACRE TRACT BEARS S 80"23'45" W- 756.18'; THENCE THROUGH THE INTERIOR OF SAID 18.853 ACRE TRACT, THE FOLLOWING NINE CALLS: 1) N 61°33'57" E - 9.15' TO A POINT FOR CORNER, 2) AN ARC LENGTH OF 87.77'. WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1206.00'. A CENTRAL ANGLE OF 04" 10'l V AND A CHORD WHICH BEARS N 26'21'36' W - 87.75' TO A POINT AT THE END OF SAID CURVE, 3) N 24-21-04" W - 289.89' TO A POINT FOR CORNER, 4) S 67-15'35" W - 35.28' TO A POINT FOR CORNER, 5) N 22-44-25" W - 20.00' TO A POINT FOR CORNER, 6) N 67*15'35" E - 34.76' TO A POINT FOR CORNER, 7) AN ARC LENGTH OF 111.73'. WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1206.00', A CENTRAL ANGLE OF 05'18'30" AND A CHORD WHICH BEARS N 21"12'05" W-111,69' TO A POINT FOR CORNER, 8) S 67"55'58" W - 35.00' TO A POINT FOR CORNER, 9) N 22°04'02" W - 20.00' TO A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE SOUTH MARGIN OF LINDEMAN LANE AND THE NORTH LINE OF SAID 18,853 ACRE TRACT, FROM WHICH A 5" CEDAR POST FOUND MARKING AN ANGLE POINT IN THE NORTH LINE OF SAID 18.853 ACRE TRACT BEARS S 67"55'58" W - 390.29'. S 65°42'16" W - 301.02' AND S 70"59'20" W - 204.92'; www.WalketPortners.com 78PE Registration No. 8053 1 TBPLS Registralion No. 10032500 G:\Projecls\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-99.docx THENCE N 67.55'58" E — 56.46' WITH THE SOUTH MARGIN OF LINDEMAN LANE, ALONG THE NORTH LINE OF SAID 18.853 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.278 ACRE OF LAND, THIS DESCRIPTION IS BASED ON THE ATTACHED SURVEY AND EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, MAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED: AUGUST 16, 2017 RE A ED: JULY 26.2018 TFR••;yrrrr.�•WARREN L. SIMPSON, R.P.L.S. 22 IMPSONPROD (CWAjRR�EpNL. NO. 3-00619 NO. Al-1489o:P'FIELD .,; 4•PLAT NOTE NO. 099J�� MAP CHECKED: 07/1912618-JSM www.WalkerPoriners.com GAProJec1s\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-99.docx FIELD NOTE POINT OF BEGINNING GRID COORDIMATBB Hl0181585118' >rr90948 an 1WRON ELECTRIC ROD FOUNO BOXOB CONCRETE C-1 ..-I GRAVEL DRIVE �f( a S Q N vp H 5'CEDAR POST SURVEYOR S NOTES: BCRUA 099 A.T. HOLDING - TRAVCO, LLC LEGEND r = tr2WNRODFOUNOVATHCAP STAIAPED 14OLT CARSON INC! RUNLESS OTHERWISE NOTED) ( ) •DEEDCALLS O.RT.C.T -MEDRECOROSIRAVIS COUNTY. TEXAS T.GC.D. -TRAVTSCOUNTY CLEWS DOCUMENT OPJLT.C.T. -OFFICIALPUBUCRECOROS TRAVIS COUNTY, TEXAS =EASCMENTAR£A —X— •WIRE FENCE m =TELEPHONERISER NAMELESS ROAD VOLU ELEDTO124 P MWIDE '�T (OCCUPIED WIDTH VARIES) W 0.278ACRE EASEMENT A.T. HOLDING - TRAVCO, LLC CALLED IB.BS3 ACRES T,C.C.O. 201N45138 O.P.R•T.C,T. CURVE TABLE CURVE LENGTH I RADIUS DELTA CHORD Ct fi1./1' 11BS.ar 5.49'S1• 328'S6'08'E-141.3T (Gtl (14L42T (ImoT (84rwl 1519'/l'1TE•14134 C-2 96.2r 1186.ar 4'39M' S 26. 3G03' E- 962Y (G2) rAA (11SUM (4.38061 (S26.25' 'E-9L.27) W 8117' 1206D0' 4•I0'1P N28.2T3S'WS7.75 Ca 11 F.77 I286A7 6.w%, F121'12'0S-W-111. SURVEYED: AUDUST 14, 2017 RELEASE DALE: MV 26, 2016 RELD NOTES ATTACHED HERETO, MADE A PART HEREOF AM TITLED: 1.271 ELECTRIC EASEMENT LOCATED W THE 30SE ANTOHIO YSARBO SURVEY ABSTRACT840, IN TRAVIS COUNTY, TEXAS. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. TICS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE THE SURVEYOR CERTIFIES THAT FASFMF.MSTHAT HEHAS BMMMSEDOFHAVE BEEN ADDRESSED HEREON. HOWEVER. THE SURVEYOR DOES NOT GUARANTEE THAT AU EASFWAITS. RESTRICTIONS OR ENWIABRANCES (EDHEROF RECORD OR NOT OF RECORO) VMCH MAY AFFECT THE MzCT TRACT ARE SHOWNHEREON. THE BEARINGS AND COORDINATES SHD114N HEREON ARE BASED UPON THE TEXAS S-ATE PLANE 00ORDINATE SYSTEM, NAD 83. CENTRAL ZONE ACOUMDFROM GLOBAL POSITIONING SYSTEM OBSERVATFONS.DISTANCES SHOPAN HEREON ARE SURFACE VALUES. ©COPYRIGHTALI MG1113ILESERVEi) LINE TABLE LINE DIRECTION LENGTH L•1 S60.23AYW 3D.V L-2 N61•3357-E 2.14 L-3 367. 193Y W 3S2S L4 N 22' 44'2V W 20.80' LS N 8P I5 SV E SN,N7 L4 $67' 65.5r W " W N 22. OI 02' W 2D.W LA N 67. 55' 5S' E 5S.W EXHIBIT OF A 0.978 ACRE HLRCT 11C EASEMENT LOCATED IN THE POSE ANTONIO YBARBO SURVRY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED I(3 M ACRE TRACT DESCRIBED IN A DIED TO A.T. HOLDING•TRAVCO, LLC, OF RECORD UNDER TRAVIS COUNTY CLERVS DOCUMENT 2011145738 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. Walker Partners engineers * surveyors 4" a Cb.,. N".., 6.6. t5o . A:--Ah. 1— 78746 I.}74 V2403N . TSP.E Reosb. ft ICF1 & F9gbd.th. W ibi 913'.T 4� EDO MACK FULKES, BI AND WIFE, NANCY CAROLYN FULKES CALLED DA27 ACRES T.C.CD.2011145737 O.PAT.C.T .............. VARREN L. SIMF .4.......m*... D 5G 100 200 GRAPHIC SCALY. IN FEET PLATNO. Al-IA89 PRO].NO. 3-(MI9 DRAFTEDl(7, TAR NA FIN NO. 7199 FR/PG 3.3 32 DnAwN 4Y DNVG.NAAIE7 1 ESMT-PARLEL099 T DIAFCHIC'D T1.7 HOLOINGTRAVCO LLC.DWG EXHIBIT "D" EXHIBIT ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That A.T. Holding-Travco, LLC, for and in consideration of ONE DOLLAR ($1.00) in hand paid by the City of Round Rock, Texas, has granted, sold, and conveyed and by these presents does grant, sell, and convey unto CITY OF ROUND ROCK, TEXAS ("Grantee") an easement and right-of-way as hereinafter described for the purpose of an electric distribution line consisting of variable number of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and cable television wires, props, guys, and anchors) over, across and upon the following described lands located in Travis County, Texas, to -wit: All of that certain 0.278 acre (12,109.68 square foot) tract in the Jose Antonio Ybarbo Survey, Abstract No. 840, Travis County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. With guying easements as needed, together with the right of ingress and egress over Grantor's adjacent lands to or from said right-of-way for the purpose of constructing, reconstructing, inspecting, patrolling, hanging new wire on, maintaining and removing said lines and appurtenances; provided however the right to use such adjacent Iands shall only be permitted if there is no reasonably available access to the easement area from a public right of way; the right to relocate the lines within the limits of said easement and right-of-way; the right to remove from said lands all trees and parts thereof, or other obstructions which endanger or may interfere with the efficiency of said lines or their appurtenances. Grantor warrants that Grantor is the owner of said property and has the right to execute this easement. TO HAVE AND TO HOLD the above described easement and rights unto Grantee and its successors and assigns, until said easement and rights shall be relinquished. This easement may be assigned by Grantee. Grantor, Grantor's heirs and legal representatives do hereby bind themselves to warrant and forever defend all and singular the above described easement and rights unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS my hand this day of _,20 [signature page follows] Parcel 99 (AT, Holding-Travco, LLC) GRANTOR: A.T. Holding-Traveo, LLC Signature• Print Name: Title: Date: THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this.. _ day of ,20 _ Please Return to: Notary Public in and for The State of Texas Cobb, Fendley & Associates, Inc. / Right of Way Department 505 E. Huntland Drive, Suite 100 Austin, TX 78752 Parcel 99 (A.'T. Holding-Trawo, LLC) ,- .-� � y+:.�._ ' ,,�� • '�• ''•�,- W it r�: r-� '' i�.�t aye •� � � 4`y • j �' - ���` 10 r� ►.+� SSG. - �} ,'�`,'.�'y. , r-5S5O•{'X{ ,y�•.4n, x�n1,'y,6� i ? r�,sl�j...i •'' • �•'���,��* Gay': s 1`C.�S � -� ti ti'�ty •���ij ,, , f [' a Sa,� 4~ \�T, �.� ♦ � •. y} �. '� .lam �1 ti •tea •� �" i'r' r t M ( +' ■y . 16 lr. 1 `•' yiF: \ �`M1 + i ..1'IL ` Y' 7 fiyY f (' 16 ov i�h'y '7 � �♦ ,..- --• r'l:'` {.i L 1 ! r-�-�� � }�.y rT ;Z�Jl7l i ik;'� r 1 ' ,'O }� 1 1•r' vti4 +'� f m At1w4' - F ,117fM• r ' a 5 \ / r JJ - • 1� IV 2