R-00-04-13-10B12 - 4/13/2000RESOLUTION NO. R- 00- 04- 13 -10B12
WHEREAS, the City desires to purchase a tract of land containing
approximately 7.697 acres for right -of -way for SH -45, and
WHEREAS, DDR DB Development Ventures, L.P., 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 DDR DB Development
Ventures, L.P., for the purchase of the above described property, a
copy of said Real Estate Contract being attached hereto 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, and the Act.
RESOLVED this 13th day of April, 2000.
AT ST:
.If
E LAND, City Secretary
K : \WPDOCS \RESOLUTI \R00413B.12 /ac
AA
RS= RT A. STLUKA, R., Mayor
City of Round Rock, Texas
State of Texas
County of Williamson
C: \WPDOCS \ACITY \SH 45 \Carron [era \Ddr_dr \ % -f inal.wpd /s1s
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between DDR DB
Development Ventures LP, a Texas limited partnership (referred to in this
Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City
of 221 E. Main St. Round Rock, Williamson County, 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 four parcels of land containing
approximately 7.713 acres of land (335,979 square feet) situated in
Williamson County, Texas, being more particularly described as follows:
1) Parcel #117: 3.821 acre tract, (166,443 square feet) as
more particularly described in Exhibit A, attached hereto and
incorporated herein;
2) Parcel #118: 3.845 acre tract, (167,488 square feet) as
more particularly described in Exhibit B, attached hereto and
incorporated herein;
3) Parcel #119: 0.003 acre tract, (131 square feet) as more
particularly described in Exhibit C, attached hereto and
incorporated herein; and
4) Parcel #120, Parts 1 & 2: 0.044 acre tract, (1917 square
feet) as more particularly described in Exhibit D, attached
hereto and incorporated herein.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Three
Million Two Hundred Five Thousand Two Hundred Thirty -nine and 66/100
Dollars ($3,205,239.66.)
1
Notwithstanding the foregoing, if the number of square feet is
adjusted up or down prior to the closing date due to the redesign of SH
45 by the Texas Department of Transportation, the purchase price is to
be increased or reduced by the product of $9.54 times the number of
square feet of the Property more or less than 335,979.
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
Additional Consideration
2.03. As additional consideration for the purchase of the Property,
Purchaser agrees to cooperate with Seller's efforts to obtain the
agreement of the Texas Department of Transportation and /or the Texas
Turnpike Authority to allow the intersection of FM 1325 /Texas Highway 45
and Parker Avenue to remain open (i.e. a signalized median break with
left -in and left -out turns in all directions) until construction
commences on the main expressway lanes of State Highway 45. The agreement
of Purchaser contained in this paragraph shall survive the closing of the
transaction contemplated herein.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction 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).
Preliminary Title Commitment
3.02. Within thirty (30) days after the date hereof, Seller, at
Seller's sole cost and expense, shall have caused Heritage Title Company,
(the "Title Company ") of 98 San Jacinto, Austin, Texas 78701, to issue
a preliminary title report (the "Title Commitment ") accompanied by copies
of all recorded documents relating to easements, rights -of -way, etc.,
affecting the Property. Purchaser shall give Seller written notice on or
before the expiration of twenty (20) days after Purchaser receives the
Title Commitment that the condition of title as set forth in the title
binder is or is not satisfactory, and in the event Purchaser states that
the condition is not satisfactory, Seller shall promptly undertake to
eliminate or modify all unacceptable matters to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do so within
ten (10) days after receipt of written notice, this Contract shall
2
thereupon be null and void for all purposes and the Escrow Deposit shall
be forthwith returned by the Title Company to Purchaser. Purchaser's
failure to give Seller this written notice shall be deemed to be
Purchaser's acceptance of the Title Commitment.
(i)
(ii)
ARTICLE IV
CLOSING
The closing shall be held at the Title Company, as set forth below,
or at such time, date, and place as Seller and Purchaser may agree upon
(which date is herein referred to as the "closing date ").
The parties hereto acknowledge that the Purchaser is applying for
a loan from the State Infrastructure Bank (SIB) to finance the purchase
of the Property. The SIB gave approval of the loan on July 27, 2000. Upon
final approval of the loan documents, it is anticipated that loan funds
will be available approximately thirty (30) days thereafter. The parties
hereto also acknowledge that in the event the SIB loan documents are not
approved, the Purchaser will need reasonable time to obtain traditional
municipal bond financing, which could take up to 90 days after the
process is begun. Therefore, the parties agree that the closing date will
be whenever the SIB loan funds are available to the Purchaser, or
whenever municipal bond funds are available to the Purchaser, or on
December 1, 2000, whichever first occurs.
Seller's Obligations
4.01. At the closing Seller shall:
Special
(a) Deliver to Purchaser a duly executed and acknowledged Ocncral
Warranty Deed conveying good and marketable title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
General real estate taxes for the year of closing
and subsequent years not yet due and payable;
Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
Special
The aforesaid .Ge er ± Warranty Deed will include provisions that (1) it
is being delivered in lieu of condemnation and (2) Seller has made no
3
representations or warranties concerning the Property and that Purchaser
is purchasing the Property AS IS.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's
sole expense, issued by the Title Company, in Purchaser's
favor in the full amount of the purchase price, insuring
Purchaser's fee simple title to the Property subject only to
those title exceptions listed above, 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.
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
4.03 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. All special taxes or
assessments to the closing date shall be paid by Seller. Otherwise, taxes
for the year of closing and subsequent years shall be assumed by
Purchaser. If for the year of closing the Property does not constitute
a separate tax parcel, then Purchaser shall pay to Seller within thirty
(30) days after Purchaser's receipt of an invoice therefor, all real
property taxes allocable to the Property for the entire year in which the
closing date occurs, which invoice shall include a copy of the tax
statement for such larger tax parcel and the basis for allocating taxes
to the Property. Purchaser will bear the burden of paying any rollback
taxes, if any, resulting from a change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Seller;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller; and
4
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
It is understood and agreed that there are no brokers involved in the
negotiation and consummation of this Contract.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to the
Title Company, the sum of One Thousand Dollars ($1,000.00), the Escrow
Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At
the closing, the Escrow Deposit shall be paid over to Seller and applied
to the cash portion of the purchase price, provided, however, that in the
event the Purchaser shall have given written notice to the Title Company
that one or more of the conditions to its obligations set forth in
Article III have not been met, or, in the opinion of Purchaser, cannot
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchaser's default, Purchaser may, as
its exclusive remedy: (1) enforce specific performance of this Contract;
or (2) request that the Escrow Deposit shall be forthwith returned by the
Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser's obligations set forth in Article
III having been satisfied and Purchaser being in default and Seller not
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; (2) bring suit for specific performance,
or (3) receive the Escrow Deposit 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
5
cash payment as its total damages and relief and as Seller's sole remedy
hereunder in such event.
ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this contract to the Round Rock Transportation Development
Corporation. However, any such assignment shall not release Purchaser of
its obligations hereunder.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
Notice
(c) 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, addressed to Seller or
Purchaser, as the case may be, at the address set forth opposite the
signature of the party. Copies of any notice given to the parties
hereunder shall at the same time and in the same manner also be given as
follows:
If to Seller, then copy to:
David A. Wolff
Drenner & Stuart, L.L.P.
301 Congress Avenue, Suite 2100
Austin, Texas 78701
If to Purchaser, then copy to:
Stephan L. Sheets
Brown McCarroll Sheets & Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
6
Texas Law to Apply
(d) 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
(e) 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
(f) 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
(g) 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
(h) Time is of the essence in this Contract.
Gender
(i) 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
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
7
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor's
signature below.
SELLER:
DDR DB Development Ventures LP
By: DDR DB Opportunity Sub, Inc.,
neral Partner
By:
Name: N >flte.l • j-�1,t /phi
Title: CGVe.e Aie.�',e2
5605 N. MacArthur Blvd., Suite 210
Irving, Texas 75038
Date:
PURCHASER:
CI
B
Aggildr • _
WO Ad
8
UND ROCK
ert A. Stluka,
TEXAS
221 E. Main Street
Round Rock, Texas 78664
Date: SlaAOu
, Mayor
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT _ Page 1 of 5 Pages
Property Description for Parcel 117
Being all that certain 3.821 acre (166,443 square feet) tract of land situated in the Jacob M.
Harrell Survey, A -284, Williamson County, Texas, being out of the remainder of a called
227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No.
9848753 of the Official Records of Williamson County, Texas (O.R.W.C.T.), out of a called
14.625 acre tract of land conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS
LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a
called 3.821 acre tract of land being Lot X of the La Frontera Section I & II (REPLAT), recorded
in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.821
acre tract being more particularly described by metes and bounds as follows with all bearings
and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,131,797.48, Y= 10,149,591.54) set at 222.86 feet left of and perpendicular
to State Highway 45 (SH 45) Baseline Station 526 +79.27, being in the proposed northerly right -
of -way line of said SH 45, being the northwest comer of said Lot X and the southwest comer of
Lot IX of said La Frontera Section I & II (REPLAT);
1. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the line common to said Lot X , Lot
IX and the northerly right -of -way line of SH 45, passing at a distance of 657.42 feet a 'A-inch
iron rod with TxDOT aluminum cap set for a point of curvature in the proposed northerly
right -of -way line of said SH 45, continuing along the said Lot X and Lot IX common line for
a total distance of 682.26 feet (682.27) to a 1/2-inch iron rod with TxDOT aluminum cap set
for the northeast corner of said Lot X, the southeast corner of said Lot IX, and being in the
westerly right -of -way line of Parker Drive (100 feet wide) as depicted and recorded in said
LA Frontera Section I & II ( REPLAT);
THENCE, along the easterly line of said Lot X and the said westerly right -of -way line of Parker
Drive, the following two courses:
2. South 05 °10'25" East (S 02 °41'28" E), a distance of 255.05 feet (255.17') to a'' /z -inch iron
rod with TxDOT aluminum cap set for the beginning of a curve to the right;
J\41 76581M &B's\parce1117.doc
EXHIBIT
4
1
EXHIBIT _ Page 2 of 5 Pages
3. An arc distance of 39.11 feet (39.11') along said curve to the right, with a Radius of 25.00
feet (25.00'), a Delta Angle of 89 °37'23" (89 °38'18 "), a Chord Bearing and Distance of
South 39 °38'16" West, 35.24 feet (South 42 °07'41" West, 35.24') to a'' Ys -inch iron rod
with TxDOT aluminum cap set for the point of tangency and being the southwest corner
of said Parker Drive, the most southerly southeast corner of said Lot X and being in the
existing northerly right -of -way line of F.M. 1325 (120 feet wide) as depicted on the
TxDOT Right -of -Way Map (Travis & Williamson Counties F.M. 1325 December 1950);
4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along the southerly line of said Lot X and
the existing northerly right -of -way line of F.M. 1325, a distance of 219.93 feet (219.92') to a
1/2-inch iron rod with TxDOT aluminum cap set for the southeast corner of a called 0.617 of
one acre tract of land conveyed to Williamson County, Texas recorded under Document No.
199945868 O.R.W.C.T.;
5. THENCE, North 16 °00'31" West (N 13 °31'33" W), along the easterly line of said 0.617 of
one acre tract, a distance of 209.92 feet (209.97) to a '/z -inch iron rod with TxDOT
aluminum cap set for the northeast corner of said 0.617 of one acre tract;
6. THENCE, South 84 °23'22" West (S 86 °52'19" W), along the northerly line of said 0.617 of
one acre tract, a distance of 129.90 feet(129.90') to a 1/2-inch iron rod with TxDOT aluminum
cap set for the northwest comer of said 0.617 of one acre tract;
7. THENCE, South 16 °13'27" East (S 13 °44'29" E), along the westerly line of said 0.617 of one
acre tract, a distance of 209.93 feet (209.94') to a 1/2-inch iron rod with TxDOT aluminum cap
set for the southwest corner of said 0.617 of one acre tract and being in the said existing
northerly right -of -way line of F.M. 1325;
THENCE, along the existing northerly right -of -way line of said F.M. 1325 and the southerly line
said Lot X, the following two courses:
8. South 84 °26'58" West (S 86 °56'50" W), a distance of 59.03 feet (58.50') to a 1/2-inch iron
rod with TxDOT aluminum cap set for the beginning of a tangent curve to the left;
9. An are distance of 250.11 feet (250.65') along said curve to the left, with a Radius of
1,014.93 feet (1014.88'), a Delta Angle of 14 °07'10" (14 °09'02 "), and a Chord Bearing
and Distance of South 77 °23'23" West, 249.48 feet (South 79 ° 52'56" West, 250.01') to a
%a -inch iron rod with TxDOT aluminum cap set for the southwesterly corner of said Lot
X and the southeast corner of Lot 5, Block F of the La Frontera Section IIIB Subdivision,
recorded in Cabinet S, Slides 69 through 76 W.C.P.R.;
1: \4176581M &B's1parcel 117.doc
10. THENCE, departing the said northerly right -of -way line of F.M. 1325, North 05 °32'08" West
(N 03 °03'10" W), along the easterly line of said Lot 5 and the westerly line of said Lot X,
passing at a distance of 308.78 feet a'' /2 -inch iron rod with TxDOT aluminum cap set for a
angle point in the said proposed northerly right -of -way line of SH 45, continuing along the
easterly line of said Lot 5, the westerly line of said Lot X and the proposed northerly right -of-
way line of SH 45 for a total distance of 310.72 feet (310.75') to the POINT OF
BEGINNING and containing a computed area of 3.821 acres (166,443 square feet) of land,
more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
June 14, 2000
J:1417658\M &B'slparce1117.d°c
EXHIBIT _ Page 3 of 5 Pages
SURVEY LEGEND •
- FOUND TROUT BRASS 0I5K IN CONCJIETE
❑ = SET TXDOT BRASS DISK IN CON00(10
O - 597 1 4f IRON RO) W /TIOOT ALUM. CAP
• = F0UN0 IRON ROO UNLESS OTHERWISE NOTED
= FO4(0 4• x 4 CONCRETE NDMUMEN7
D = CALCULATED POINT
[ - PROPERTY LIRE
[ - BASELINE
= UTILITY POLE
_0n .(4,, 4 , 7
LOT 5. BLOCK F
CALLED 6.17 ACRES
LA FRONTERA
SECTION 1118
CABINET 5. SLIDES 69-76-
W. C.P.R.
RESERVED FOR FUTURE
RIGHT -0F -WAY. BUT NOT A
DEDICATED BY THIS PLAT
N BRATTON
OTES:
CEMETERY
c � .e61.1 DATER /4 do
JAY DEAN CANINE
REGISTERED PROCESSIONAL LAID SURVEYOR
TEXAS BEGISTRATI01 N0. 4345
JACOB M. HARRELL
SURVEY, A -284
35/45 INVESTORS. L.P
REMAINDER OF CALLED
227.8382 ACRES
DOC. 49848753
O. R.W. C. T.
DDR DB DEVELOPMENT VENT
LP. A TEXAS LIMITED PARTN
CALLED 14.625 ACRES 52.568 ACRES
DOC. 49844186
O.R.W.C.T.
LOT X
CALLED 3.821 ACRES
LA FRONTERA SECTION I6I!IREPLATI
CABINET R. SLIDES 290 -295
8.0.0.X.
S.H. 45
L.50.11'
8.1.014.93'
4=14 10'
[.617
245.48'
CONTROL OF ACCESS
IL-250.65') 1586
1R=1.04.88'I 50.50')
(9=14.09 564.26
IC9079'52'56'9) 59.
1 250.01') _
PROPOSED R.D.W. S.H. 45
114116•52'15'11)
084 129.90'
•
- 111LLIAMSOM ""
CDDRtY
FLR RO,(DWAY 008050E5
DOC, 41 9 9 94566 8
_0
-- '/O.,617 ACRE
984.27'52'9
P.0.0. PARCEL 117
, X43.131.797.48
T+.10.149.591.54
STA. 526 +79.27
570 - _ 22.86' LT.
DETVL
3. BT THE TURNASER. ELI C BNE OLLIE SHOMN AND
BRADEN HEREON (5 . IN PER C. A DESIGN SCHEMATIC FILE PROVIDED
4. 0.9.11.0.7. INDICATES OFFICIAL RECORDS OF WILLIAMSOA CO181T TEIA
5. R.P.R.T.C.T. INOICA7E5 REAL PROPERTY RECORDS OF TRAVIS CCU
6. O.E. INDICATES DRAINAGE EASEMENT
1. P.U.E. INDICATES PUBLIC UTILITY EASEIENT
8. W.C.P.A. INDICATES WILLIAMSON COUNTY P1A1 RECORDS
9. 9.C.D.8. INDICATES WILLIAMSON COUNTY DEED RECORDS
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. 7.0.0.0. INDICATES TRAVIS COUNTY DEED RECORDS
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
10.T IX
15.115 ACRES
LA FRONTERA SECTIONS 14111REPLA71
CABINET R. SLIDES 290 -295
ORES, W.C.P.R.
ERSHIP LOT 2. BLOCK A
LA FRONTERA
SECTION II
CABINET R. SLIDES 17 -22
W.C.P.R.
1N86•56'S0"E)
994.27'52 692.26'1642.27')
EXISTING R.0.W ---- -- ----- --- " -- -- - ---
CONTROL OF - ACCESS_
PROPOSED
R.O.W. 5. H. 45
1. BEARINGS AND COORDINATES BASED CI THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83. CENTRAL 2OE AND ADJUSTED TO 5)490800 USING A SURFACE ADJUSTMENT
FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFUMED WITHOUT THE BENEFIT OF A 0084(T9ENT FOR TITLE
INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE
TRACTS. RECORD 1NFORMTIOI SHOWN 011 THIS LAP I5 BASED ON PUBLIC RECOIO
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS.
PROPOSED R.O.W.
I903
905'32'08 "5
1.94'
L+270.67
R 3.316.89'
C =4 . 40'12•
C= 980.06 11'0
270.60
JAY DEAN CANINE
F.M. 1325
(120' WIDE)
@ CURVE DATA
L = 1 .230.95'
R - 9.657.80'
A - 07
CB= 586.18 51
CD= 1.230.10'
PC= 921 +28.36
PT= 533.59.31
PI= 523444.68
X - 3.131.893.51
T - 10.149.401.09
657.42
P.D.B.
PARCEL 113
DETAIL 1 A 1
5.9.45 T N
PARCEL PLAT
FOR PARCEL 117
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DOR DB DEVELOPMENT VENTURES. L.P.
0
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (5121 899 -9390
EMAIL: Oustinosurvcon.com
SCALE: 1" = 100'
DATE: JUNE 2000
DRAWN 8Y: JKB
CHECKED BY: WJM
ACREAGE
SUMMARY
1$0.07.1
WHOLE
PROPERTY
AREA
ACQUIRED
REMAINDER
REMAINDER
RIGHT
3.821
(166.443)
3.821
1166.443)
JOB #: 417 - 658
F.8. #: 5H 45
CAD FILE: Dar11T - Bht - 1
SHEET 4 OF 5
■
0
•
4
SURVEY LEGEND
. FOUND TXDOT BRASS 01511 111 CONCRETE
- SET TXDOT BRASS DISK 144 CONCRETE
- SET Vi IRON 103 II/TXDOT ALUM. CAP
FO1IID 1.2 10011 RD) UNLESS OTHERN)SE NOTED
- POUO 4' x 4' C011CRETE MOMENT
s CALCULATED POINT
- PROPERTY LINE
- BASELINE
- UTILITY POLE
35/45 INVESTORS, L.P.
227.8382 ACRES
DOC. 09848753
15' P.U.E.
1
PER LA 11884708
SECTION IAIIIREPLATI
(*6144(11 P. 5L IDES 290-295
9.5.11.8.
N66
682.27'
— — N64
602.26'
(3
1—
564•26'56"9 219.93'
\S66'56'50'9 9.92' 1
EXISTING
F.M. 1325
(120' WIDE)
JACOB M. HARRELL
SURVEY, A -284
PROPOSED
6p
=3EVa
Jy .
4 5 :
om
LLu
d
N84'5E24%
L.39.11'
6.25.00'
A419'31'23'
Crt39
35.24'
_CONTROL OF ACCESS
M 8 NI
LOT 01
CALLED 3.848 ACRES
LA FRONTERA SECTIONS 18IIIREPLAT)
CABINET R. SLIDES 290 -295
535400
11- 39.11')
00425.00'
I•b9
1C '41'111
35.24'
35.24'
/-CONTROL OF ACCESS
W N NI W
S.H.45
PARCEL PLAT
FOR PARCEL 117
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DOR DB DEVELOPMENT VENTURES. L.P.
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: austincisurvcon.com
SCALE: 1' = 100' JOB 0: 417 -658
DATE: JUNE 2000 F.B. 0: SH 45
DRAWN BY: JKB CAD FILE: par117 -sht -2
SHEET 5 OF 5
CHECKED BY: WJM
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
7: \4176581M &B's1PAR118.doc
EXHIBIT Page I of 3 Pages
Property Description for Parcel 118
Being a 3.845 acre tract (167,488 square feet) of land situated in the Jacob M. Harrell Survey, A-
284, Williamson County, Texas being out of a called 227.8382 acre tract of land as conveyed to
35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of
Williamson County, Texas ( O.R.W.C.T.), being out of a called 14.625 acre tract of land as
conveyed to DDR DB DEVELOPMENT VENTURES, L.P.; A TEXAS LIMITED
PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a called
3.848 acre tract of land being Lot XI of the La Frontera Sections I & II ( REPLAT), recorded in
Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.845 acre
tract being more particularly described by metes and bounds as follows with all bearings and
coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation ( TxDOT)
aluminum cap (X = 3,132,576.09, Y = 10,149,667.00) set in the existing easterly right -of -way
line of Parker Drive (100 feet wide) recorded in said La Frontera Sections I & II (REPLAT) at
205.09 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 534 +46.24
for the most westerly southwest comer of Lot VIII of said La Frontera Section I & II (REPLAT)
and being the northwest comer of the herein described tract;
1. THENCE, North 84 °2752" East (N 86 °56'50" E), along the northerly line of said Lot XI, the
southerly line of said Lot VIII, passing at a distance of 25.16 feet a % -inch iron rod with a
TxDOT aluminum cap set for a point of tangency in the proposed northerly right -of -way line
of State Highway 45, continuing along said common line for a total distance of 144.03 feet
(144.03') to a '/z -inch iron rod with a TxDOT aluminum cap set for an angle point in the
proposed northerly right -of -way line of SH 45;
2. THENCE, North 85 °04'16" East (N 87 °34'24" E), departing said proposed northerly right -of-
way line of SH 45 with the northerly line of said Lot XI and the southerly line of said Lot
VIII, a distance of 458.12 feet (458.22') to a' /: -inch iron rod found for the northeast corner of
said Lot XI and the northwest comer of a called 2.2540 acre tract of land, Parcel 3, as
conveyed to the State of Texas, recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 05 °33'26" East (S 03 °05'07" E), along the easterly line of said Lot XI and
the westerly line of said Parcel 3, a distance of 274.85 feet (275.04') to a point for the
southeast corner of said Lot XI, the southwest comer of said Parcel 3 and being in the
existing northerly right -of -way line of F.M. 1325 as depicted on the TxDOT Right -of -Way
Map (Travis & Williamson Counties F.M. Highway No. 1325 December 1950), from which
a 1/2 -inch iron rod found bears South 23°19'09" East, 0.31 feet;
EXHIBIT
B
4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along said northerly right -of -way line of
F.M. 1325 and the southerly line of said Lot XI, passing at a distance of 403.58 feet (403.69')
a 5/8 -inch iron rod found for the southwest corner of said 14.625 acre tract, continuing a total
distance of 578.84 feet to a %2 -inch iron rod with a TxDOT aluminum cap set for a point of
curvature to the right, being the most southerly southwest corner of said Lot XI and the most
southerly southeast corner of said Parker Drive;
THENCE, along the line common to said existing easterly right -of -way line of Parker Drive and
the westerly line of said Lot XI, the following two courses:
5. An arc distance of 39.43 feet (39.43') along said curve to the right, with a Radius of 25.00
feet (25.00'), a Delta Angle of 90 °22'37" (90 °21'42 "), a Chord Bearing and Distance of
North 50 °21'44" West, 35.47 feet (N 47 °52'19" W, 35.47') to a %2 -inch iron rod with
TxDOT aluminum cap set for a point of tangency;
6. North 05 °10'25" West (N 02 °41'28" W), a distance of 254.70 feet (254.85') to the
POINT OF BEGINNING and containing a computed area of 3.845 acres (167,488
square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
June 14, 2000
1:\4176581M &B's\PAR118.doc
EXHIBIT Page 2 of 3 Pages
PARKER
DRIVE
2.
--8
1 4--15 FOOT W \ IC
UTILITY EASEMENT
PER LA FRONTERA
SECTION I61IIREPLATI
CABINET R. SLIDES 290-295
P.D.B. PARCEL 118
1043.132.576.09
4 4 l l
205.09' LT
N84'27'5Z'E
0186
144.03'1
JACOB 11.HARRELL
SURVEY, A -284
DOR DB DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 49844186
O.R.W.C.T.
LOT VIII __ --
CALLED' 20.779 XC. -
LA FROMTFRA SECTIUN_S-4_a_1F(REPL
PROPOSED 8.0.W.
N85• 18 E 458.12'1607
I. I n • W 5 -'4lF_- -- B� -I nl-- F�-0 --
1 1 - -SS
CONTROL OF ACCESS
i - - - - -- 4; e
pO
p , CC , &10g
4��~
1J LOT XI
CALLED 3.848 ACRES
LA FRONTERA SECTIONS I8l1(REPLAT)
CABINET R. SLIDES 290 - 295
- 15' P.U.E. W. C. P.R.
CAB. R. SLIDES 17-22
P.R.W.C.T.
L.39.43' 1 L-59. 43') l 1
25.00' 18.25.00')37' 14.90.21'4 _________________
00.22'
615 , 2 ,4419 )C∎M41.52'19'W l FND.I• I.R. BENS
35.47• 35.47'1 M U FOND '4" I.R. S 23"1'09' E 0.31'
403.58'
1175.30')
DETAIL 'A"
N.T.S.
14
684
` 323.19'09 "E
0•E 0.31'
(6116.16'10'E 1 i � FOUND M'2' I.fl.
N •
COITR0C =0F =ACC
TRACT 1
11084/93
R.P.R.T.C.T.
BEARINGS MO =ORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
RAD 83. CENTRAL ZEE AND ADJUSTED TO SURFACE USING A SLNFACE ADJUSTMENT
FACTOR OF 1.00012.
2. THIS SURVEY WAS P6080R1ED WITNDUT THE BENEFIT OF A COWITIEIR FOR TIRE
INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE
TRACTS. RECORD INFORMATION SHORN ON THIS MAP 15 BASED ON PUBLIC RECORD
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS.
3. THE BASELINE SHOWN HEREON 1S PER A DESIGN SCHEMATIC FILE PROVIDED
BY TURNER. COLLIE AND BRADEN. INC.
4. 0.8.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEX
5. R.P.R.T.C.T. INDICATES REAL P00PE8TY RECORDS O TRAVIS C
6. D.E. INDICATES DRAINAGE EASEMENT
7. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
8. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
9. M- C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS
10. 7.6.0.8. INDICATES TRAVIS COUNTY RAT RECORDS
11. T.6.D.8. INDICATES TRAV15 COUNTY DEED RECORDS
N CANINE
REGISTERED PRUFE55IGYL LAND 5URVET01
TEXAS REGISTRATION N0. 4345
181.22('58'M 578.84'1586 403.69') EX 155) NG R.O.WJ
24'E 458.22
5 INVESTORS. L.P.
�AAINDER OF CALLED
227.8382 ACRES
DOC. 49848753
0.8.8.6.7. i
r.M. 7323 ( WIDE)
TXDOT RIGHT -OF -WAY MAP
(TRAVIS 6 WILLIAMSON COUNTIES
F.M. HIGHWAY NO. 1325
DECEMBER 19501
N
Lt
DETAIL DETAIL "A'
148/701- 711
0.0.8.6.7. • -
PROPOSED R.O.W.
TOM E. NELSON. JR.. SURVEY LEGEND
REM [ • = FOUND TOOT BRASS DISK IN CONCRETE
CALLED 421 - 1 ACRES C] . SET TXDOT BRASS DISK IN CONCRETE
1 ED 12
SET 1'f IRON ROD WRXDDT ALUM. CAP
FOUND Lt IRON ROD UNLESS OTHERWISE NOTED
® - FOUND 4' x 4" CONCRETE MCNUW.NT
A - CALCULATED POINT
t PROPERTY LINE
d - BASELINE
UTILITY POLE
S.H.45
PARCEL PLAT
FOR PARCEL 118
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS, L.P.
DDR DB DEVELOPMENT VENTURES. L.P.
DRAWN BY: JJC
CHECKED BY: WJM
ACREAGE
SUMMARY
(SOFT./
PROPERTY
AREA
ACQUIRED
REMAINDER
LEFT
REMAINDER
RIGHT
3.845
(167.4814)
3.845
1167.488)
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: oust l n8survcon. 0001
SCALE: 1" = 100' JOB #: 417 -658
DATE: JUNE 2000 F.B. #: SH 45
CAD FILE: par118 -sht -1
SHEET 3 OF 3
County: Williamson _
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT Page 1 of 3 Pages
Property Description for - Parcel 119
Being all that certain 0.003 of one acre (131 square feet) tract of land situated in the Jacob M.
Harrell Survey, A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of
land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas ( O.R.W.C.T.), out of a called 14.625 acre tract of land
conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED
PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and out of a called 15.115
acre tract of land being Lot IX of the La Frontera Section I & II (REPLAT), recorded in Cabinet
R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 0.003 of one acre
tract of land being more particularly described by metes and bounds as follows with all bearings
and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a '/2 -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,132,474.32, Y= 10,149,682.10) set at 229.05 feet left of and perpendicular
to State Highway 45 (SH 45) Baseline Station 533 +46.49, being in the proposed northerly right -
of -way line of said SH 45, the easterly line of said Lot IX, and being in the existing westerly
right -of -way line of Parker Drive (100 feet wide) of said La Frontera Section I & II (REPLAT);
1. THENCE, South 05 °10'25" East (S 02 °4128" E), along the said easterly line of Lot IX and
said existing westerly right -of -way line of said Parker Drive, a distance of 24.84 feet to a'' /-
inch iron rod with TxDOT aluminum cap set for the southeast corner of said Lot IX and the
northeast corner of Lot X of said La Frontera Section I & II (REPLAT);
2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot IX
and the northerly line of said Lot X, a distance of 24.84 feet to a 'cinch iron rod with
TxDOT aluminum cap set at 204.05 feet left of and perpendicular to said SH 45 Baseline
Station 533 +22.20, for the beginning of a cutback curve to the left in the said proposed
northerly right -of -way line of SH 45;
3. THENCE, an arc distance of 39.11 feet along said curve to the left, with a Radius of 25.00
feet, a Delta Angle of 89 °38'17 ", a Chord Bearing and Distance of North 39 °38'43" East,
35.24 feet to the POINT OF BEGINNING and containing a computed area of 0.003 of one
acre (131 square feet) of land, more or less.
1:\417658\51 &B's\parcel 119.doc
t°
EXHIBIT
C
1
EXHIBIT _ Page 2 of 3 Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine 1, - /4- o()
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
June 14, 2000
11417658\51 &B's \parcel 119.doc
SURVEY LEGEND
• - FOUND TX00T BRASS D156 IN CONCRETE
❑ = SET TXLOT BRASS DISK IN CONCRETE
o - SET ..j IRON ROD ■ /TXDOT ALUM. CAP
▪ - FOOD IRON ROD UNLESS 000080150 NOTED
® : FOUND 4 x 4 CONCRETE MONUMENT
D - CALCULATED POINT
R - PROPERTY LINE
O - BASELINE
• - UTILITY POMP
35/45 INVESTORS. L.P.
REMAINDER OF A CALLED
227.8382 ACRES
DOC. 49848753
O.R.W.C.T.
DOR OB DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 49844186
LOT IX 0.6.8.0.0.
15.115 ACRES
LA FRONTERA SECTION 16IIIREPLAT)
CABINET R. SLIDES 290 -295
M. C. P. R.
NOTES:
1.
4.
5.
6.
7.
B.
9.
10.
11.
12.
JACOB M. HARRELL
SURVEY, A-284
P.U.E.
D.R.M.
M.C.P.
M.C.D.
R.P.R.
T.C.P.
T.C.D.
T.C.C.
15 FOOT WIDE PUBLIC
UTILITY EASELEIR
CAB. R. SLIDES 17-2
I
JAY DEAN CANINE
REGISTERED PROFESSIONAL LANG SURVEYOR
TEXAS REGISTRATION N0. 4345
15' P.U.E.
CAB. R. SLIDES 17 -22
LOT X
3.821 ACRES
- LA FRONTERA SECTION I&IIIREPLAT)
CABINET R. SLIDES 290 -295
W.C.P.R.
MIMED
1.39.11'
0.25.00'
0.99
Cd69
35.24'
55'27'52
24.64'
1586'56'50
BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT
FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE
INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE
TRACTS. RECORD INFORMATION SHOWN ON THIS MAP IS BASED ON PUBLIC RECORD
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS.
3. THE BASELINE SHOWN HEREON 15 PER A DESIGN SCHEMATIC FILE PROVIDED
BY TURNER. COLLIE AND BRADEN. INC.
D.E. INDICATES DRAINAGE EASEMENT
INDICATES PUBLIC UTILITY EASEMENT
C.T. INDICATES OFFICIAL RECORDS OF WILLIA45ON COUNTY TEXAS
R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
R. INDICATES WILLIAMSON COUNTY DEED RECORDS
T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS
R. 100104TE5 TRAVIS COUNTY PLAT RECORDS
R. INDICATES TRAVIS COUNTY DEED RECORD
INDICATES TRAVIS COUNTY CLERK
3F • 8 : ¢
JAY DEAN CANINE
G�<� 43451oe
DATE: - /4'
15 FOOT WIDE PUBLIC
UTILITY EASEMENT
PER LA FRONTERA
SECTION IAIIIREPLAT)
CABINET R. 5L10E5 290 -295
W.0 PR
0.0.0. PARCEL 119
X-3.132.474.32
0 - 10.149.682.10
STA. 33446.4
05
S.H.45
PARCEL PLAT
FOR PARCEL 119
COUNTY: WILLIAMSON
GRANTOR :35/45 INVESTORS. L.P.
DOR D8 DEVELOPMENT - VENTURES. L.P.
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: OUStifesurvc0n. 0010
SCALE: 1" = 20'
DATE: JUNE 2000
DRAWN BY: JJC
CHECKED BY: LWS
ACREAGE
SUMMARY
150.F7.)
i
1
M10LE
PROPERTY
ACQUIRED
REMAINDER
LEFT
REMAINDER
01001
1515
656..
0.003
1131)
15.112
4656.279)
JOB #: 417 -658
F.B. #: 544 45
CAD FILE: par119 -sht -1
SHEET 3 OF 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Being all that certain 0.044 acre (1,917 square feet) of land situated in the Jacob M. Harrell Survey,
A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of land conveyed to
35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson
County, Texas ( O.R.W.C.T.), being out a of called 14.625 acre tract of land conveyed to DDR DB
DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document
No. 9844186 O.R.W.C.T. and being a portion of a called 20.679 acre tract of land, being Lot VIH of
the La Frontera Sections I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson
County Plat Records (W.C.P.R.). Said 0.044 acre of land being more particularly described in two
parts by metes and bounds as follows with all bearings and coordinates based on the Texas State
Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
Part 1
EXHIBIT _ Page 1 of 4 Pages
Property Description for Parcel 120 Part 1 and Part 2
BEGINNING at a %z -inch iron rod with Texas Department of Transportation (TxDOT) aluminum
cap (X= 3,132,573.82, Y= 10,149,692.06) set at 230.24 feet left of and perpendicular to State
Highway 45 (SH 45) Baseline Station 534 +46.18, being in the proposed northerly right -of -way line
of said SH 45, being in the westerly line of said Lot VIII, and being in the existing easterly right -of-
way line of Parker Drive (100 feet wide) of said LA Frontera Sections I & II (REPLAT) for the
beginning of a curve to the left;
1. THENCE, an arc distance of 39.43 feet along the proposed northerly right -of -way line of SH 45,
being a curve to the left, with a Radius of 25.00 feet, a Delta Angle of 90 °21'43 ", a Chord Bearing
and Distance of South 50 °21'17" East, 35.47 feet to all /z -inch iron rod with a TxDOT aluminum
cap set at 205.31 feet Ieft of and perpendicular to SH 45 Baseline Station 534 +71.40, being in the
proposed northerly right -of -way line of SH 45, being in the southerly line of said Lot VIII, and
being in the northerly line of Lot XI of said La Frontera Section I & II (REPLAT);
2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot VIII and
the northerly line of said Lot XI, a distance of 25.16 feet to a '/cinch iron rod with a TxDOT
aluminum cap set for the southwesterly corner of said Lot VIII, the northwesterly comer of said
Lot XI and being in the said existing easterly right -of -way line of Parker Drive;
3. THENCE, North 05 °10'25" West (N 02 °41'28" W), along the said westerly line of Lot VIII and
the existing easterly right -of -way line of said Parker Drive, a distance of 25.16 feet to the POINT
OF BEGINNING and containing a computed area of 0.003 acre (131 square feet) of land, more
or less, for Part 1.
J:k117658\M &B's \ parcel 120pt I &p2doc
EXHIBIT
1 I)
Part 2
]: \417658\M &B's \ parcel 12Opt I &p2.doc
EXHIBIT Page 2 of 4 Pages
COMMENCING at a 1/2 -inch iron rod found for a northeast corner of said Lot VIII and the
northwest comer of Lot 1 TOWN AND COUNTRY MALL SUBDIVISION, recorded in Cabinet L,
Slide 57 W.C.P.R. as conveyed to QRS11 -29 (Tx), Inc., recorded in Volume 2427, Page 328
O.R.W.C.T.;
THENCE, South 05 °34'03" East (N 03 °04'19" W), along the easterly line of said Lot VIII, the
westerly line of said Lot 1, a distance of 819.17 feet to a TxDOT brass disk in concrete (X =
3,133,266.30, Y = 10,149,734.70) set in the proposed northerly right -of -way line of State Highway
45 at 212.04 feet left of and perpendicular to State Highway 45 Baseline Station 541 +39.73 for the
northeast comer and the POINT OF BEGINNING of the herein described tract;
1. THENCE, South 05 °34'03" East (S 03 °04'19" E), along said easterly line of Lot VIII and said
westerly line of said Lot 1, a distance of 5.63 feet to a 5/8 -inch iron rod found for the
southwest corner of said Lot 1, the southeast corner of said Lot VIII, being in the existing
northerly line of Parcel 3, a called 2.2540 acre tract, as conveyed to the State of Texas,
recorded in Volume 1656, Page 810 O.R.W.C.T.;
2. THENC$, South 84 °26'59" West (S 86 °51'56" W), along the southerly line of said Lot VIII
and the northerly line of said Parcel 3, a distance of 91.39 feet (91.29') to a 1/2 -inch iron rod
found for the northwest comer of said Parcel 3 and the northeast corner of Lot XI of said La
Frontera Section I & lI (REPLAT);
3. THENCE, South 85 °04'16" West (S 87 °34'24" W), along said southerly line of Lot VIII and
the said northerly line of Lot XI, a distance of 458.12 feet (458.22') to a %z -inch iron rod with
a TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of
said SH 45 at 206.37 feet left of and perpendicular to SH 45 Baseline Station 535 +90.27;
4. THENCE, North 84 °22'52" East, along said northerly right -of -way line of SH 45, a distance
of 549.48 feet to the POINT OF BEGINNING and containing a computed area of 0.041 acre
(1,786 square feet) of land, more or less, for Part 2 for a total combined area of 0.044 acre
(1,917 square feet) of land, more or less, for Parts 1 and 2.
EXHIBIT _ Page 3 of 4 Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing provided by
Turner Collie and Braden, Inc.
Jay Dean Canine 6 - - o0
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
June 14, 2000
l: \417658\M &B's'tparcel12Opt 1 &pQ.doc
SURVEY LEGEND
•
❑ -
Q -
® -
o -
a -
FOUND TXDOT BRASS DISK IN CONCRETE
SET T7DOT BRASS 0156 IN CONCRETE
SET '•i IR01 ROD 8 /29001 ALUM. CAP
FOUND '-p' IRON Rm UNLESS OTHERWISE NOTED
FOUND 4' x 4' CONCRETE EMINENT
CALCULATED POINT
PROPERTY LINE
BASELINE
UTILITY PILE
2® PT.
NOTES:
1. BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT
FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE
INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE
TRACTS. RECORD INFORMATION SHOWN ON THIS MAP I0 BASED ON PUBLIC RECORD
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS.
3. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE PROVIDED
BY TURNER. COLLIE AND BRADEN. INC.
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS
7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
8. W.2.D.0. INDICATES WILLIAMSON COUNTY DEED RECORDS
9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
JAY DEAN CANINE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 4345
P.O.B. PARCEL 120 PT. 1
X13.132.573.62
Y..10.149.692.06
PROPOSED
84
25.16'
(S06 56'S0'J1
DATE.
PER LA FRONTERA
0E21104 161I(REPLATI
CABINET R. SLIDES 29D -295
DOR DB DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 89844186
O .R.W.C.T.
LOT VIII
20.679 ACRES
LA FRONTERA SECTION 16TitREPCAT)
CABINET R. SLIDES 290 -295
L.39.43'
R .25.00'
4.90
C.650.21'17'E
35.47'
LOT XI
3.848 ACRES
LA FRONTERA SECTIONS 16111REPLATI
CABINET R. SLIDES 290 -295
W.C.P.R.
35/45 INVESTORS. L.P.
REMAINDER OF A CALLED
227.8382 ACRES
DOC. N9848753
O.R.W.C.T.
15 FOOT WIDE PUBLIC
UTILITT EASELENT -
CAB. R. SLIDES 17 -22
15' P.U.E.
CAB. R. SLIDES 17-22
:AC)B H. HARRELL
SURVEY. A -284
ACREAGE
SUMMARY
(50.27.1
120 PART 1
120 PART 2
WHOLE
PROPERTY
AEA
AC
QUIRED
ARE
ACOUIR
60
62061 9
20.679
(900.7771
0.003
(1311
(1.186)
20.635
(099.660)
S.H.45
PARCEL PLAT
FOR PARCEL 120 PT 1
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DOR 08 DEVELOPMENT VENTURES. L.P.
SCALE: 1" = 20' JOB st: 417 -658
1
1
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: custinTWsurvcon. 00(0
DATE: JUNE 2000 F.B. u: SH 45
DRAWN BY: JJC CAD FILE: par120 -sht -1
SHEET 3 OF 4
CHECKED BY: LWS
SURVEY LEGEND
•
® -
A
FOUND TXDOT BRASS DISK IN CONCRETE
SET 10001 BRASS DISK IN C0ICRETE
SET 1 .q' IRON ROD W/T %DOT ALUM. CAP
FORD 6 1 IRON KO UNLESS OTHERWISE NOTED
FOUND 4' x 4' CONCRETE MOIAAENT
CALCULATED POINT
P868ERTY LINE
BASELINE
UTILITY POLE
DDR DB DEVELOPMENT VENTURES.
1 LP. A TEXAS LIMITED PARTNERSHIP
1
{ 35/45 INVESTORS. L.P. D. 49844186
CALLED 14.625 ACRES
1 227.8382 ACRES O.R.W.C.T.
DOC. 109848753
O.R.W.C.T.
l '
l �
15 P.U. .E ` 1
CAB. R' . SLIDES 17-221 1 _
535400
15' P.U.E.
CAB. R. SLIDES 17 -22
W. C.P.0..
1 1 . -- - - - - -- I
1 -- �- - - - - --
' - PROPOSED R.O.
JACOB IL HARRELL SURVEY, A.-284
LOT V111
20.679 ACRES
LA P80916RA SECTION IAIIIREPLAT)
CABINET R. SLIDES 290-295
W.C.P.R.
684.22 549.48'
CALLED 3.848 ACRES
LA FRONTERA SECTIONS IA111REPLATI
CABINET R. SLIDES 290 -295
W.C.P.R.
NOTES:
1. 86061805 AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT
FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE
INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE
TRACTS. RECORD INFORMATION SHOWN ON THIS MAP I5 BASED ON PUBLIC RECORD
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS.
3. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE PROVIDED
BY TURNER. COLLIE AND BRADEN. INC.
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAM50N COUNTY TEXAS
7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
8. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS
9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
TRAVIS COUNTY TEXAS
DATE: JUNE 2000
DRAWN BY: JJC
CHECKED B7: LWS
540400"
ORS 11- 291731. INC.
2427/328
O.R.W.C.T.
P.O.L. P 120 PT 3
FND• [. A.
P.D.B. PARCELS 120 PT. 2'.
8.2.133.286.30
4- 10.149.134.70
'- -- -� 8 STA. 541.39.73
Fri. 'Z SET D
BRASS S DISK 1N
CONCRETE
5.8.45
PARCEL PLAT
FOR PARCEL 120 PT 2
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DDR DB DEVELOPMENT VENTURES. L.P.
LOT 1
TOWN AND - COUNTRY
MARL SUB. x`11
CAB. L. SL. 57
W/ C. P.R.
����,,55
41:11 452.22' 1 ac3 59'W
FOUND y 1.R 91.29 )
506.34'03'E
~ I I R ' 1503.04'19'61
S P.U.E. 1 ID I I
SECT IBII IIEPlAr1 CONTROL OF ACCESS -_
CABINET R. SLIDES 290 -295
LOT XI
STATE OF TEXAS
CALLED 2.2540 ACRES
PARCEL ;3
1656/810
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX (512) 899 -9390
EMAIL: oustIn8survcon.com
SCALE: 1" . 100'
JOB #: 417 -658
F.B. #I OH 45
CAD FILE: par120 -sht -2
SHEET 4 OF 4
Acquisition of Property from DDR Joint Venture for SH-45 Rightof•Way
DATE: April 7, 2000
SUBJECT: City Council Meeting — April 13, 2000
ITEM: 10.B.12. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract for the acquisition of approximately 7.697 acres of
property from DDR DB Development Ventures L.P. for SH -45 right -
of -way. Staff Resource Person: Jim Nuse, Public Works Director.
January 4, 2001
Stephan L. Sheets
Brown McCarroll Sheets & Crossfield LLP
309 E. Main Street
Round Rock TX 78764
Via Overnight Delivery
Respectfully,
/np
Enclosures
AUSTIN, TEXAS
GE #: 00201729
Buyer: City of Round Rock
Seller: DDR DB Development Ventures LP
Property: 979 Sq ft -La Frontera 335
Dear Mr. Sheets:
Thank you for allowing Heritage Title Company of Austin, Inc. to provide title insurance and
related services for the above referenced transaction. In order to complete your file, please find
enclosed the following original documents (or copy where noted):
I . Owner Policy of Title Insurance
2. Recorded Deed
Heritage has enjoyed the opportunity to be of service to you. A permanent file concerning this
property will be maintained in our records, enabling Heritage to promptly respond to your needs
in the event of a future sale or refinance transaction. If you should have any questions or need
further assistance, please feel welcome to contact our office.
HERITAGE TITLE COMPANY OF AUSTIN, INC.
Nancy Preece
Post Closing Coordinator
cc: David A. Wolff, Esq.
Drenner & Stuart, LLP
301 Congress Avenue, Suite 2100
Austin, TX 78701
Via Hand Delivery
Heritage Title Company of Austin, Inc.
R-00-'0‘f43"/013 I2 98 San Jacinto Boulevard • Suite 400 • Austin, Texas 78701 • 512/505 -5000 • Fax 512/505 -5051
015 0 2 9 0 OWNER POLICY OF TITLE INSURANCE
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE
COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having
its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
S. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
IN WITNESS HEREOF, the FIRST AMERICAN TITLE INSURANCE COMPANY has caused this policy to
be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an
authorized countersignature, as of the date set forth in Schedule A.
rA .01LE INSL
0Q,1. 0R yCi„
< ;
SErtEM1ER 24
s I%1 t
First American Title Insurance Company
ATTEST
FORM TI CA: OWNER POLICY OF RILE INSURANCE (EFFECTIVE 1 -1-93)
First American Title Insurance Company
/17241 By
Secretary,
PRESIDENT
EXCLUSIONS FROM COVERAGE
The following maters are expressly excluded from the coverage of this policy and
the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including bun not limited to
building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (u) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii)
a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) envrtonmen[al protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation aft ling the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except N the
extent Nara notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the lard has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded
in the public records at Date of Policy, bur not excluding from coverage any taking
that has occurred prior to Dan: of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of
Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(11) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured
claimant had paid value for the estate or interest insured by Nis policy.
4. The refusal of any person to purchase, lease or lend money on the estate or
interest covered hereby in the land described in Schedule A because of umnarketability
of the title.
5. Any claim, which arises out of the transaction vesting in the person named in
paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
the operation of federal bankruptcy, state insolvency, or other state or federal
creditors' rights laws that is based on either (i) the transaction creating the estate or
interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent
transfer or a voidable distribution or voidable dividend or (ii) the subordination or
recharacmfvation of the estate or interest insured by this Policy as a result of the
applio[ion of the doctrine of equitable subordination or (iii) the transaction creating the
estate or interest insured by this Policy being deemed a preferential transfer except
where the preferential transfer results from the failure of the Company or its issuing
agent to timely file for record the instrument of transfer to the insured after delivery or
the failure of such recordation to impart notice to a purchaser for value or a judgment
or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terns when used in this policy mean;
(a) " insured": the insured named in Schedule A, and, subject to any rights or
defenses to Company would have had against the named insured, those who succeed
m the interest of the named insured by operation of law as distinguished from purchase
including, but not limited to, heirs, distrtbmres, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following:
(i) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or
complete liquidation;
(ii) the partnership successors in interest to a general or limited
partnership which dissolves but does not terminate;
(iii) the successors in interest to a general or limited partnership
resulting from the distribution of die assets of the general or limited partnership upon
partial or complete liquidation;
(iv) the successors in interest to a joint venture resulting from
the distribution of the assets of the joint venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a
written trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from
the distribution of all or pan of the assets of the trust to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or
notice that may be imputed to an insured by reason of die public records as defined in
this policy or any other records which impart constructive notice of matters affecting
the1and.
(d) "land ": the land described or referred to in Schedule A, aM improvements
affixed thereto that by law constitute real property. The term "land" does not include
any property beyond the lines of the area described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing herein shall modify or limit the extent to which
a right of access to and from the land is insured by this policy.
(e) 'mortgage ": mongage, deed of trust, trust deed, or other security
instrument.
(1) "public records ": records established under state statutes al Date of Policy
for the purpose of imparting constructive notice of matm4a relating N real property N
purchasers for value and without knowledge. With respect to Section 1(axiv) of the
Exclusions From Coverage, "public records" also shall include environmental
protection liens fled in the records of the clerk of the United States district court for
the district in which the land is located.
(g) "access": legal right of access to the land and not the physical condition of
access. The coverage provided as to access does not assure the adequacy of access for
the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as ale insured retains an estate or interest in the land, or
holds an indebtedness secured by a purchase money mortgage given by a purchaser
from the insured, or only so long as the insured shall have liability by reason of
covenants of warranty made by the insured in any transfer or conveyance of the estate
or interest. This policy shall not continue in farce in favor of any purchaser from the
insured of either (i) an estate or interest in the land, or (ii) an indebtedness soured by
a purchase money mortgage given N the insured.
3. NOTICE OF CLAIM TO HE GIVEN HY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an
Insured hereunder of any claim of title or interest that is adverse to the tide to the
estate or interest, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy. If prompt notice shall not be given to
the Company, then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice die rights of any
insured under this policy unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice.
When, after the dam of the policy, the insured notifies the Company as required
herein of a lien, encumbrance, adverse claim or other defect in title to the estate or
interest in the lard insured by this policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to
determine whether the lien, encumbrance, adverse claim or defect is valid and not
barred by law or statute. The Company shall notify the insured in writing, within a
reasonable time, of its determination as in the validity or invalidity of the insured's
cairn or charge under the policy. If the Company concludes drat the lien,
encumbrance, adverse claim or defect is not covered by this policy, or was otherwise
addressed in the closing of the transaction in connection with which this policy was
issued, the Company shag specifically advise the insured of the reasons for its
determination. If the Company concludes that the lien, encumbrance, adverse claim or
defect is valid, the Company shall rake one of the following actions: (1) institute the
necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the
title to the estate as insured; (ii) indemnify the insured as provided in this policy; (iii)
upon payment of appropriate premium and charges therefor, issue to the insured
claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the
land insured by this policy, a policy of title insurance without exception for the lien,
encumbrance, adverse claim or defect, said policy to be in an amount equal to the
Trent value of the property or, if a mortgagee policy, the amount of the loan; (iv)
indemnify another title insurance company in connection with its issuance of a
poliry(ies) of title insurance without exception for the lien, encumbrance, adverse
claim or defect; (v) secure a release or other document discharging the lien
encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through
(v) he0e1n.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at its awn cost and
without unreasonable delay, shall provide for die defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect, lien or encumbrance or Wier
matter insured against by dhis policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to objet[ for reasonable cause)
to represent the insured as to those stated causes of action and sha11 not be liable for
and will not pay the fees of any other counsel. The Company will of pay any fees,
costs or expenses incurred by the insured in the defense of those causes of action that
allege matters not insured against by this policy.
TEXAS OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
Policy No. 015029 0
File No. 00201729 Amount of Insurance $3,205,239.66
Premium $18,001.00
DATE OF POLICY November 21, 2000 at 3:41 p.m.
1. Name of Insured:
City of Round Rock, Texas
2. The estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
City of Round Rock, Texas
4. The land referred to in this policy is described as follows:
TRACT 1: Lot X, RESUBDIVISION OF LA FRONTERA SECTIONS I & II, a subdivision
in Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet R,
Slide(s) 290 of the Plat Records of Williamson County, Texas, said tract being more
particularly described by metes and bounds shown on Exhibit "A" attached hereto and made
a part hereof.
TRACT 2: Lot XI, RESUBDIVISION OF LA FRONTERA SECTIONS I & II, a subdivision
in Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet R,
Slide(s) 290 of the Plat Records of Williamson County, Texas, said tract being more
particularly described by metes and bounds shown on Exhibit "B" attached hereto and made
a part hereof.
TRACT 3: 0.003 of one acre of land out of Lot 5, RESUBDIVISION OF LOT IX LA
FRONTERA SECTIONS I & II, a subdivision in Williamson County, Texas, according to the
map or plat thereof, recorded in Cabinet S, Slide(s) 319 of the Plat Records of Williamson
County, Texas, said tract being more particularly described by metes and bounds shown on
Exhibit "C" attached hereto and made a part hereof.
TRACT 4: 0.044 of one acre of land, in two parts, out of Lot VIII, RESUBDIVISION OF LA
FRONTERA SECTIONS I AND II, a subdivision in Williamson County, Texas, according to
Heritage Title Company of Austin, Inc. First American Title Insurance Company
Texas Owner "r -I (Rev. 1 -1 -93)
SCHEDULE A - continued
File No. 00201729 Policy No. 015029 0
the map or plat thereof, recorded in Cabinet R, Slide(s) 290 of the Plat Records of Williamson
County, Texas, said tract being more particularly described by metes and bounds shown on
Exhibit "D" attached hereto and made a part hereof.
NOTE: The Company is prohibited from insuring the area or quantity of the land
described herein. Any statement in the above legal description of the area or quantity of
land is not a representation that such area or quantity is correct, but is made only for
information and/or identification purposes and does not override Item 2 of Schedule B,
hereof.
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 117
Being all that certain 3.821 acre (166,443 square feet) tract of land situated in the Jacob M.
Harrell Survey, A -284, Williamson County, Texas, being out of the remainder of a called
227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No.
9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), out of a called
14.625 acre tract of land conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS
LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a
called 3.821 acre tract of land being Lot X of the La Frontera Section I & II (REPLAT), recorded
in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.821
acre tract being more particularly described by metes and bounds as follows with all bearings
and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,131,797.48, Y= 10,149,591.54) set at 222.86 feet left of and perpendicular to State Highway 45
(SH 45) Baseline Station 526 +79.27, being in the proposed northerly right -of -way line of said
SH 45, being the northwest corner of said Lot X and the southwest comer of Lot IX of said La
Frontera Section I & II ( REPLAT);
1. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the line common to said Lot X , Lot
IX and the northerly right -of -way line of SH 45, passing at a distance of 657.42 feet a
TxDOT brass disk in concrete set for a point of curvature in the proposed northerly right -of-
way line of said SH 45, continuing along the said Lot X and Lot IX common line for a total
distance of 682.26 feet (682.27') to a %z -inch iron rod with TxDOT aluminum cap set for the
northeast comer of said Lot X, the southeast comer of said Lot IX, and being in the westerly
right -of -way line of Parker Drive (100 feet wide) as depicted and recorded in said LA
Frontera Section I & II ( REPLAT);
THENCE, along the easterly line of said Lot X and the said westerly right -of -way line of Parker
Drive, the following two courses:
2. South 05 °10'25" East (S 02 °41'28" E), a distance of 255.05 feet (255.17') to a '/z-inch iron
rod with TxDOT aluminum cap set for the beginning of a curve to the right;
1: \417658\M &B's\parcel I I7.doc
EXHIBIT & Page t of 5 Pages
r:4i 1 7658\M &B's\paral1 I7.doc
EXHIBIT k Page 2 of 5 Pages
3. An arc distance of 39.11 feet (39.11') along said curve to the right, with a Radius of 25.00
feet (25.00'), a Delta Angle of 89 °37'23" (89 °38'18 "), a Chord Bearing and Distance of
South 39 °38'16" West, 35.24 feet (South 42 °07'41" West, 35.24) to a'' /z -inch iron rod
with TxDOT aluminum cap set for the point of tangency and being the southwest corner
of said Parker Drive, the most southerly southeast corner of said Lot X and being in the
existing northerly right -of -way line of F.M. 1325 (120 feet wide) as depicted on the
TxDOT Right -of -Way Map (Travis & Williamson Counties F.M. 1325 December 1950);
4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along the southerly line of said Lot X and
the existing northerly right -of -way line of F.M. 1325, a distance of 219.93 feet (219.92') to a
'/: -inch iron rod with TxDOT aluminum cap set for the southeast corner of a called 0.617 of
one acre tract of land conveyed to Williamson County, Texas recorded under Document No.
199945868 O.R.W.C.T.;
5. THENCE, North 16 °00'31" West (N 13 °31'33" W), along the easterly line of said 0.617 of
one acre tI.ict, a distance of 209.92 feet (209.97') to a 'A-inch iron rod with TxDOT
aluminum cap set for the northeast comer of said 0.617 of one acre tract;
6. THENCE, South 84 °23'22" West (S 86 °52'19" W), along the northerly line of said 0.617 of
one acre tract, a distance of 129.90 feet(129.90) to a %: -inch iron rod with TxDOT aluminum
cap set for the northwest comer of said 0.617 of one acre tract;
7. THENCE, South 16 °13'27" East (S 13 °44'29" E), along the westerly line of said 0.617 of one
acre tract, a distance of 209.93 feet (209.94') to a'' /s -inch iron rod with TxDOT aluminum cap
set for the southwest comer of said 0.617 of one acre tract and being in the said existing
northerly right -of -way line of F.M. 1325;
THENCE, along the existing northerly right -of -way line of said F.M. 1325 and the southerly line
said Lot X, the following two courses:
8. South 84 °26'58" West (S 86 °56'50" W), a distance of 59.03 feet (58.50') to a'/rinch iron
rod with TxDOT aluminum cap set for the beginning of a tangent curve to the left;
9. An arc distance of 250.11 feet (250.65') along said curve to the left, with a Radius of
1,014.93 feet (1014.88'), a Delta Angle of 14 °07'10" (14 °09'02 "), and a Chord Bearing
and Distance of South 77 °23'23" West, 249.48 feet (South 79 °52'56" West, 250.01) to a
1/2-inch iron rod with TxDOT aluminum cap set for the southwesterly corner of said Lot
X and the southeast corner of Lot 5, Block F of the La Frontera Section IIIB Subdivision,
recorded in Cabinet S, Slides 69 through 76 W.C.P.R.;
10. THENCE, departing the said northerly right -of -way line of F.M. 1325, North 05 °32'08" West
(N 03 °03'10" W), along the easterly line of said Lot 5 and the westerly line of said Lot X,
passing at a distance of 308.78 feet a TxDOT brass disk in concrete set for a angle point in
the said proposed northerly right -of -way line of SH 45, continuing along the easterly line of
said Lot 5, the westerly line of said Lot X and the proposed northerly right -of -way line of SH
45 for a total distance of 310.72 feet (310.75') to the POINT OF BEGINNING and
containing a computed area of 3.821 acres (166,443 square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Tumer Collie and Braden, Inc.
• AP-A.1
ne 7
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
July 17, 2000
1:4417658U7 &B's\parccl 1 17.doc
EXHIBIT & Page 3 of 5 Pages
•
2RVEY LECE/O
a - FARO TXDOT MASS DISK IN =CRETE
- SET TAROT BRASS DISK IN CONd[7E
Q -
SET 1,j 1RO1 RCO 0/1X001 raw. co
• - FOUJO I'o IRON R00 UNLESS OTHERWISE NOTED
- FOLIO 4' x 4' CONCRETE IW*ENT
A - CALCULATED POINT
t - PROPERTY LINE
� 6, - 0ASELDE
SL - UTILITY PILE
35/45 INVESTORS. L.P.
REMAINDER OF CALLED
227.8382 ACRES
DOC. 419848753
DDR OB DEVELOP ENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. A9844106
CONSTRUCTION AREA
SEE
DET,L A -.
LOT 5. BLOCK F
CALLED 6.17 ACRES
LA 500015RA
SECTION 1116
ABINET 5. SLIDES 69-76i:
W.C.P.R.
RESERVED FOR FUTURE 0,
RIGHT-O -WAY. BUT NOT
DEDICATED BY THIS PLAT
h
86471034
NOTES I CEMETERY
AN105
050101ERED PROFESSIONAL LAND SURVEYOR
P.O.,B PARCEL 11T
X4.131,797.4 --
Y.10.149.591.14
5Ta. 526 +19.21'
11,5.11. 45
0186
I404.21'5210 602.26'1682.27'
CONTROL OF ACCESS
LOT X
CALLED 3.821 ACRES
LA FRONTERA SECTION Id1I(REPLAT)
CABINET R. SLIDES 290 -295
W.C.P.R.
PROPOSED
R.O.M. 5. H. 45
RAO • es ' CE ONE AND ADJUSTED TO SURFACE A SURFACE ADJUSTF
FACTOR CF 1.00012.
2. THIS 511RVEY WA$ PEOFORE0 WITHOUT THE BENEFIT OF A 50)01111ENT FOR TITLE
INSURANCE AMO MAY ROT INCLUDE EASEMENTS AND 1NFORMATIOI PERTAINING TO THESE
INFORMATION.TTHE INFCDNATION 0110011 ON SURVEYOR HAS 001 ABSTRACTED 1
CTED 1HE5E TRACTS.
RECORD
3. T HE BAS E SNOW AI 45 P A RESIGN SCNENATIC FILE PROVIDED
4. 0.0.14.5.7. INDICATES OFFICIAL RECORDS OF WILLIAMSO1 COUNTY TEXAS
5. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS MINTY TEXAS
6. D.E. INDICATES DRAINAGE EASEYEHT
7. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. W.C.P.R. INDICATES WILLIA16O1 CORBY PLAT RECORDS
9. 9.0.0.6. INDICATES 01LL1A164N COMM DEED RECORDS
10. T.C.P.R. INDICATES TRAVIS (=ITY RAT RECC D5
11. 1.5.0.0. INDICATES TRAVIS CONTY 0EE0 RECORDS
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
JACOB M. HARRE
SURVEY, A -284
LOT IX
15.115 ACRE
LA FRONTERA SECTIONS
CABINET R. 5L10E5
W.C.P.R.
LOT 2. BL
52.568 AC
LA FRONTERA
SECTION I
CABINET R. SLID
Es
PROPOSED
Per
R
1X66•
564.23'
._411
FAR ROAD
DOC., 3S
O.
1450.11' 1L.150.65'1 1506'56'50'9
0-1.014.93' 1R- 1.014.00'1 50.50
A- 14.07'10 4-14.09'02•) 534. 26
C6571'23'2310 1 C•679 5611 59.03'
4
249.' 1 250.01'
EXISTING R.O_TJ_ _ _ ______________
1103
N05
PROPOSED R.0.0.
4
.70.11'
R- 3.316.8
4=1.40'32'
C4/80-06 C90.06 11
270.60
LL
8.11(REPLAT)
290 -295 4 CURVE DATA
BLOCK A L - 1.230.95'
ACRES R - 1.561.60'
D B - 07•22')7
C 566•16 5)'E
1 CO- 1.230.10
ES 17 PC. 521426.36
PT- 533459.31
P1- 527444.66
I - 3.131.693.51
T
.10.141.401.09
.0.R. S.H. 45
52'15'91
21 129.90' • ,
.M. 1325
20' WIDE/
03'101)
32'00'1
1.14'
657.42'
A Ell
i�.
964+26
19. •
1414.20'52'E
P.0.0.
P140001 117
R.0.1.
SCALE: 1' a 100'
DATE: JUNE 2000
DRAWN BY: JKB
DETAILS 0'
S.H.45
PARCEL PLAT
FOR PARCEL 117
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DOR D8 DEVELOPMENT VENTURES. L.P.
U
1-
Q
ACREAGE
SUMMARY
(SO.FT.1
3.021
166.4431
05111.E }}
PROPER
3.821
ACW 4550 1166.4431
'TO"
REMAINDER
0.1GNT
o SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8262. FAX (512) 899 -9390
EMAIL: Oustlnlsurvc0n. 00)0
JOB x: 417 -658
F.B. u: SH 45
CAD FILE: Dcr117 -544-1
SURVEY LECE1O
▪ - FOUC TIDOT BRASS DISK IN =CRETE
❑ - SET TIOJOT BRASS DISK IN CONCETE
Q - SET I. IRON ROD 9/TIDOT ALW. CAP
• - PO1111 1'' IRON ROD UNLESS OTHERWISE NOTED
® - FDUO A' : 4' CONCRETE IN UIENT
A - CALCULATED POINT
▪ - PROPERTY L INE
l - BASEL
110, - UTILITY POLE
15' P.O.E.
PER LA FRONTERA
SECTION I&IIIREPLATI
CABINET R. SLIDES 290-215
1.C.P.R.
35/45 INVESTORS. L.P.
227.8382 ACRES
DOC. 69848753
O.R.W.C.T.
1N96•56'S0'E1
f 182.2T'
— N64.27'S2 -E - 612.26'
se4•26'511'1I 211.93
k f 566 . 56'50 • N R 219.12')
E %1STIMG
F.N. 1325
(120' WIDE)
JACOB M. HARRE
SURVEY. A -284
B
8
PROPOSED
-
CDEE:
4~37
R W~
13
6 t U
N84•58
L
1
1
1 1
1
Ty I ____ 1
CONTROL 6 ACCESS
LOT XI
CALLED 3.848 ACRES
LA FRONTERA SECTIONS I&IIIREPLAT)
CABINET R. SLIDES 290 -295
W.C.P.R.
535400
S.H.45
PARCEL PLAT
FOR PARCEL 117
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DDR D8 DEVELOPMENT VENTURES. L.P.
G SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (512) 899 -9390
EMAIL: oust l nesurvccn. can
SCALE: 1' - 100'
DATE: JUNE 2000
DRAWN BY: JKB
i
1
JOB is: 417 -658
F.B. #: SH 45
CAD FILE: Dor117 - sht -2
� L. 39.11' IL∎39.11'1
R43.00' 1845. DO' /
449 I4b9.3a• IB'I
C .339'39'1611 IC 542.07'41
35.24' l 35.24'1
� ' ACCESS
F-- iIF —�li II R IR
SHEET 5 OF 5
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 118
Being a 3.845 acre tract (167,488 square feet) of land situated in the Jacob M. Harrell Survey, A-
284, Williamson County, Texas being out of a called 227.8382 acre tract of land as conveyed to
35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of
Williamson County, Texas ( O.R.W.C.T.), being out of a called 14.625 acre tract of land as
conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED
PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a called
3.848 acre tract of land being Lot XI of the La Frontera Sections I & II ( REPLAT), recorded in
Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.845 acre
tract being more particularly described by metes and bounds as follows with all bearings and
coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT)
aluminum cap (X = 3,132,576.09, Y = 10,149,667.00) set in the existing easterly right -of -way
line of Parker Drive (100 feet wide) recorded in said La Frontera Sections I & II (REPLAT) at
205.09 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 534 +46.24
for the most westerly southwest corner of Lot VIII of said La Frontera Section I & II (REPLAT)
and being the northwest comer of the herein described tract;
1. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the northerly line of said Lot XI, the
southerly line of said Lot VIII, passing at a distance of 25.16 feet a TxDOT brass disk in
concrete set for a point of tangency in the proposed northerly right -of -way line of State
Highway 45, continuing along said common line for a total distance of 144.03 feet (144.03')
to a TxDOT brass disk in concrete set for an angle point in the proposed northerly right -of-
way line of SH 45;
2. THENCE, North 85 °04'16" East (N 87 °34'24" E), departing said proposed northerly right -of-
way line of SH 45 with the northerly line of said Lot XI and the southerly line of said Lot
VIII, a distance of 458.12 feet (458.22') to a' /i -inch iron rod found for the northeast corner of
said Lot XI and the northwest corner of a called 2.2540 acre tract of land, Parcel 3, as
conveyed to the State of Texas, recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 05 °33'26" East (S 03 °05'07" E), along the easterly line of said Lot XI and
the westerly line of said Parcel 3, a distance of 274.85 feet (275.04') to a point for the
southeast corner of said Lot XI, the southwest corner of said Parcel 3 and being in the
existing northerly right -of -way line of F.M. 1325 as depicted on the TxDOT Right -of -Way
Map (Travis & Williamson Counties F.M. Highway No. 1325 December 1950), from which
a 1/2 -inch iron rod found bears South 23 °19'09" East, 0.31 feet;
1:W 176581M &B's1PAR 118.doc
EXHIBIT Pa Pale l of 3 Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information' recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc. - OF
,a44 �
~ Gt f RZO ± 1
a an anine 7 /B -�. JAY DEAN CANINE
Registered Professional Land Surveyor 'f -0 4345 P
Texas Registration Number 4345 ∎ 9 4„Ff
� -, suRm
4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along said northerly right -of -way line of
F.M. 1325 and the southerly line of said Lot XI, passing at a distance of 403.58 feet (403.69')
a 5/8 -inch iron rod found for the southwest comer of said 14.625 acre tract, continuing a total
distance of 578.84 feet to a %cinch iron rod with a TxDOT aluminum cap set for a point of
curvature to the right, being the most southerly southwest corner of said Lot XI and the most
southerly southeast comer of said Parker Drive;
THENCE, along the line common to said existing easterly right -of -way line of Parker Drive and
the westerly line of said Lot XI, the following two courses:
5. An arc distance of 39.43 feet (39.43') along said curve to the right, with a Radius of 25.00
feet (25.00'), a Delta Angle of 90 °22'37" (90 °21'42 "), a Chord Bearing and Distance of
North 50 °21'44" West, 35.47 feet (N 47 °52'19" W, 35.47') to a Y: -inch iron rod with
TxDOT aluminum cap set for a point of tangency;
6. North 05 °10'25" West (N 02 °41'28" W), a distance of 254.70 feet (254.85) to the
POINT OF BEGINNING and containing a computed area of 3.845 acres (167,488
square feet) of land, more or less.
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
July 17, 2000
J:\417658'M &B's\PAR 118.doc
EXHIBIT 8 Page 2 of 3 Pages
' RECORDERS MEMORANDUM JACOB M. HARRELL
All of pun of o tat on t not
dear! . l C fo[ irpriation.
UTILITY EASEMENT
PER LA FRONTERA
SECTION 16111REPLATI
CABINET R. SLIDES 290 -295
9.C.P.R• 1
11
P.0.8. PARCEL
M3•132.576.09 LOT VIII
Y- 10.149.667.OD 1 CALLED'21."679
■ STA. SNMF 24 LA FRONTERA SECTIONS-1-d-114RE-PL#it
205.09' LT
`
RK
'AER
DRIVE
25.1C: , 1
7'
0
054.27'52 "E 565.04 16 E 458.12 1x67•34'24'
I- 006156'50'E
141.01'1
1175.30')
DETAIL 'A'
NOTES4 N. i.5.
IKE
TEN , PROFE5510NAL LAND 5UTVE1134
TEXAS REGISTRATION NO. 4345
CONTROL OF ACCESS __
11
1 1
L
1-39.13' 1L- 39.43'1 1 1 • "_'___________________________
045.00' IR45.00'
1- 90.21'17' 14..90.21'42J1
C.50121'44.5 1C41147'52' 19'x1 FOUND Aj I.R.
35.47' 35.47'1
584•26'381 578.84' 1566'56'501
1403.59'
S84 w • 523.19
578.84' •- X 0.31'
1586.56'80.E 50UI40 1 .2 4 1.R.
578.99 )
41. T.C.D.R. INDICATES TRAVIS CIUNTY DEED RECDR05
AIE 1 - /B' /.
35E/45 5118DER NVESTORS. OF L.P.
227.8382 ACRES
005 08 DEVELOPMENT VENTURES. DOC. 459840753
LP. A TEXAS LIMITED PARTNERSHIP O.R.W.C.T.
CALLED 14.625 ACRES
DOC. 449844186
O.R.W.C.T.
SURVEY, A -284
LOT XI
CALLED 3.848 ACRE
LA FRONTERA SECTIONS 16I
CABINET R. SLIDES 29
15' P•U.E. N. C. P. R.
CAB. R. SLIDES 17-22
TRACT 1
10084/93
R.P.R. T.C.T.
1. MM 03. CENTRAL MO BASED 011 TO SLRFACES05455 PLANE SURFACE AOJII15 I FIE T
FACTOR OF 1.00012.
2. THIS SURVEY WAS PE0F0RYED WITHOUT THE BENEFIT OF A COAIITIFIT FOR TITLE
TRACCTTS C RECORD w IM FO O RYATIRI D 550 E M1 W TN 5 AND IS BASED PI PERTAINING
INF0164TION• TXE S0INEYOR NAS NOT ABSTRACTED TNE5E TRACTS.
3. THE T AN 44 (010 I S . P INCA C. A DES10N SCHEMATIC FILE PROVIDER
4. D.R.0.C.T. INDICATES OFFICIAL RECORDS OF 5111.148534 COJNTI TEXAS
5. R.P.R.T.C.T. 110ICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS
6. D.E. INDICATES DRAINAGE EASEMENT
7. - P.U.E. INDICATES PUBLIC UIIL ITT EASEMENT
8. W.C.P.R. I1401CATE5 OILLIAISON COUNIT PLAT RECORDS
9. W. C.D.P. INDICATES ■ILLIAMSON COUNTY DEED RECORDS
40. T.0.4.R. INDICATES TRAVIS COUNT/ PLAT PECOROS
403.85'
403.61'1 5
0156)86 0.0.84
PROPOSED 8.0.8.
PROPOSED R.O.W.
5.0.45
PARCEL PLAT
FOR PARCEL 118
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DDR DB DEVELOPMENT VENTURES. L.P.
SCALE: 1" = 100'
DATE: JUNE 2000
DRAWN BY: JJC
- F.N. - 13'15 1120' WIDE) . --
TXDOT RIGHT -OF -WAY MAP
TRAVIS A WILLIAMSON COUNTIES
F.M. HIGHWAY N0. 1325
DECEMBER 1950)
ACREAGE
SUMMARY
150.FT.)
MOLE
PROPERTY
ACQUIRED
REMAT ER
REMAINDER
R TORT
3.645
1 167.481 1
3.945
1197.498
0
0
G SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (512) 899 -9390
EMAIL: austlnesurvcon.com
JOB #: 417 -658
F.B. #: SH 45
AD FILE: par118 -sht
TOM E. NELSON. JR.. SURVEY 1E0E143
TRUSTEE N0. 11
REMAINDER OF TRACT 1 • - FOUND TAROT BRASS DISK IN CONCRETE
CALLED 12.12 ACRES
10084/93 -103 SET 10007 00459 DISK IN CONCRETE 0
R.P.R.T.C.T. Q - SET ' •7 ' 1005 ROD 9/7X001 ALUM. CAP
148/701 -711
O.R.W.C.T. • - FOIRO '.2 1005 003 IRAESS OTHERWISE NOTED
• - TOMO 4' x 4' CONCRETE RENUENT
O - CALCILATED POINT
[ - PROPERTY LINE
] 6 - BASELINE
v - UTILTTT POLE
CHECKED BY: WJM
SHEET 3 OF 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT C. Page 1 of 3 Pages
Property Description for Parcel 119
Being all that certain 0.003 of one acre (131 square feet) tract of land situated in the Jacob M.
Harrell Survey, A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of
land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas ( O.R.W.C.T.), out of a called 14.625 acre tract of land
conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED
PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and out of a called 15.115
acre tract of land being Lot DC of the La Frontera Section I & II ( REPLAT), recorded in Cabinet
R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 0.003 of one acre
tract of land being more particularly described by metes and bounds as follows with all bearings
and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,132,474.32, Y= 10,149,682.10) set at 229.05 feet left of and perpendicular to State Highway 45
(SH 45) Baseline Station 533 +46.49, being in the proposed northerly right -of -way line of said
SH 45, the easterly line of said Lot IX, and being in the existing westerly right -of -way line of
Parker Drive (100 feet wide) of said La Frontera Section I & II (REPLAT);
1. THENCE, South 05 °10'25" East (S 02 °41'28" E), along the said easterly line of Lot IX and
said existing westerly right -of -way line of said Parker Drive, a distance of 24.84 feet to a'A-
inch iron rod with TxDOT aluminum cap set for the southeast corner of said Lot IX and the
northeast corner of Lot X of said La Frontera Section I & II ( REPLAT);
2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot IX
and the northerly line of said Lot X, a distance of 24.84 feet to a TxDOT brass disk in
concrete set at 204.05 feet left of and perpendicular to said SH 45 Baseline Station
533 +22.20, for the beginning of a cutback curve to the left in the said proposed northerly
right -of -way line of SH 45;
3. THENCE, an arc distance of 39.11 feet along said curve to the left, with a Radius of 25.00
feet, a Delta Angle of 89 °38'17 ", a Chord Bearing and Distance of North 39 °38'43" East,
35.24 feet to the POINT OF BEGINNING and containing a computed area of 0.003 of one
acre (131 square feet) of land, more or less.
1: \417658\M &B's \parcc1119.doc
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
ayDe Canine "7 -Q°
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
July 17, 2000
I:1417658\11 &0's \parce 119.doc
EXHIBIT Page 2 of 3 Pages
1
J
1
'SWAY LEGEND
FOUND TXDOT BRASS DISK IN CONCRETE
SET TOOT BRASS DISC 111 CONCRETE
SET N 'f IRON ROO 8/11007 ACHY. CAP
FORD N ', 1001 ROD UNLESS OTHERWISE NOTE0
FOUR) 4' x 4' CONCRETE IONAKN T
COICULATEO POINT
L . PROPERTY LINE
1 . BASER INE
UTILITY PILE
35/45 INVESTORS. L.P.
REMAINDER OF A CALLED
227.8382 ACRES
OOC. N9545753
O.R.W.C.T.
DOR D8 DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 49844186
O .R.W.C.T.
LOT IX
15.115 ACRES
LA CABINET R 51.10E5 290 295 ATI
W.C.P.R.
15 FOOT WIDE PUBLIC
UT ILI rY EASEEHT
CAB. R. SLIDES 17 -22
15' P.U.E.
CAR. R. SLIDES 17 -22
TAT
IRE
REGISTERED PROFESSIONAL LAND SURVEYOR
LOT X
3.821 ACRES
LA FRONTERA SECTION I&II1REPLAT)
CABINET R. SLIDES 290 -295
W.C.P.R.
1
JACOB lI. HARRELL
SURVEY. A -284
STA. 533 +22.
PRCPO5ED R.O.B.
L
L 19.11'
015.00'
1419.36
cP 2 16'+s'E
s5.s.z +'
Su•2T'S2'•
24.8+'
586'96'5001
t-
T TEXAS
15
1
SE I
41414)
NOTES:
T. NAD 83. CENTRAL L ZONE AN S PLANE
D ADJUSTED TO SURFACEUS INGAASURF�D SYSTEM
ADJUSTLENT
FACTOR 00 1.00012.
2. INSURANCE ANDAMAYENOTR BENEFIT OF A INFORMATIONIPERTAINING TITLE
70 THE
TRACTS. INFORMATI SHOWN
ON. 1HESURVEYOR HASNOT ABSTRACTED IS
RACT D BASED ON PUBLIC RECORD
TRACTS
3. THE O AS E L IN EO SH O ET AHE R E ON I S. 0 4:0 INCA DESIGN SCHEMATIC FILE PROVIDED
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS
7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
8. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS
9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAY
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORD
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
DATE: / IB
FOOT 810E PUBLIC
1 1L ITT EASEIQR
PER LA FRONYERA n
T R. SLIDES 290-29S
WC.P R
P.O.B. PARCEL 119
X.3.132.474.32
Y.10.149.882.10
SE
5.0.45
PARCEL PLAT
FOR PARCEL 119
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DOR DB DEVELOPIENT VENTURES. L.P
SCALE: 1' = 20'
GATE: JUNE 2000
ORAWN BY: JJC
i
1
ACREAGE
SUMMARY
ISO.FT.)
PROPERTY
AREA
ACOUIRED
REMAINDER
LEFT
REMAINDER
RICHT
15.115
658.4091
0.003
1131)
15.112
1656.2791
GI SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (512) 899-9390
EMAIL: austin<Osurvcon.com
JOB tt: 417 -650
F.B. 0: SH 45
CAD FILE: par119-sht -1
SHFFT 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Part 1
\ISURVHOU_NT2\2000_DATA\ 176581M &B's\ parcel I2Optt &p12.doc
EXHIBIT to Paee 1 of 5 Pages
Property Description for Parcel 120 Part 1 and Part 2
Being all that certain 0.044 acre (1,917 square feet) of land situated in the Jacob M. Harrell Survey,
A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of land conveyed to
35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson
County, Texas ( O.R.W.C.T.), being out a of called 14.625 acre tract of land conveyed to DDR DB
DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document
No. 9844186 O.R.W.C.T. and being a portion of a called 20.679 acre tract of land, being Lot VIII of
the La Frontera Sections I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson
County Plat Records (W.C.P.R.). Said 0.044 acre of land being more particularly described in two
parts by metes and bounds as follows with all hearings and coordinates based on the Texas State
Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,132,573.82, Y= 10,149,692.06) set at 230.24 feet left of and perpendicular to State Highway 45
(SH 45) Baseline Station 534 +46.18, being in the proposed northerly right -of -way line of said SH 45,
being in the westerly line of said Lot VIII, and being in the existing easterly right -of -way line of
Parker Drive (100 feet wide) of said LA Frontera Sections I & II ( REPLAT) for the beginning of a
curve to the left;
1. THENCE, an arc distance of 39.43 feet along the proposed northerly right -of -way line of SH 45,
being a curve to the left, with a Radius of 25.00 feet, a Delta Angle of 90 °21'43 ", a Chord Bearing
and Distance of South 50 °21'17" East, 35.47 feet to a TxDOT brass disk in concrete set at 205.31
feet left of and perpendicular to SH 45 Baseline Station 534 +71.40, being in the proposed
northerly right -of -way line of SH 45, being in the southerly line of said Lot VIII, and being in the
northerly line of Lot XI of said La Frontera Section I & II (REPLAT);
2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot VIII and
the northerly line of said Lot XI, a distance of 25.16 feet to a '/i -inch iron rod with a TxDOT
aluminum cap set for the southwesterly corner of said Lot VIII, the northwesterly comer of said
Lot XI and being in the said existing easterly right -of -way line of Parker Drive;
3. THENCE, North 05 °10'25" West (N 02 °41'28" W), along the said westerly line of Lot VIII and
the existing easterly right -of -way line of said Parker Drive, a distance of 25.16 feet to the POINT
OF BEGINNING and containing a computed area of 0.003 acre (131 square feet) of land, more
or less, for Part 1.
Part 2
EXHIBIT D Page 2 of 5 Pages
COMMENCING at a 1/2 -inch iron rod found for a northeast comer of said Lot VIII and the
northwest corner of Lot 1 TOWN AND COUNTRY MALL SUBDIVISION, recorded in Cabinet L,
Slide 57 W.C.P.R. as conveyed to QRS11 -29 (TX), Inc., recorded in Volume 2427, Page 328
O.R.W.C.T.;
THENCE, South 05 °34'03" East (N 03 °04'19" W), along the easterly line of said Lot VIII, the
westerly line of said Lot 1, a distance of 819.17 feet to a TxDOT brass disk in concrete (X =
3,133,266.30, Y = 10,149,734.70) set in the proposed northerly right -of -way line of State Highway
45 at 212.04 feet left of and perpendicular to State Highway 45 Baseline Station 541 +39.73 for the
northeast comer and the POINT OF BEGINNING of the herein described tract;
1. THENCE, South 05 °34'03" East (S 03 °04'19" E), along said easterly line of Lot VIII and said
westerly line of said Lot 1, a distance of 5.63 feet to a 5/8 -inch iron rod found for the southwest
corner of said Lot 1, the southeast corner of said Lot VIII, being in the existing northerly line of
Parcel 3, a called 2.2540 acre tract, as conveyed to the State of Texas, recorded in Volume 1656,
Page 810 O.R.W.C.T.;
2. THENCE, South 84 °26'59" West (S 86 °51'56" W), along the southerly line of said Lot VIII and
the northerly line of said Parcel 3, a distance of 91.39 feet (91.29') to a /2 -inch iron rod found for
the northwest corner of said Parcel 3 and the northeast corner of Lot XI of said La Frontera
Section I & II (REPLAT);
3. THENCE, South 85 °04'16" West (S 87 °34'24" W), along said southerly line of Lot VIII and the
said northerly line of Lot XI, a distance of 458.12 feet (458.22') to a TXDOT brass disk in
concrete set for an angle point in the proposed northerly right -of -way line of said SH 45 at 206.37
feet left of and perpendicular to SH 45 Baseline Station 535 +90.27;
4. THENCE, North 84 °22'52" East, along said northerly right -of -way line of SH 45, a distance of
549.48 feet to the POINT OF BEGINNING and containing a computed area of 0.041 acre
(1,786 square feet) of land, more or less, for Part 2 for a total combined area of 0.044 acre (1,917
square feet) of land, more or less, for Parts 1 and 2.
\\SURVHOU_NT2 \2000 DATA\ 417658\1 &B's \parcel l2OptI &pt2,doc
EXHIBIT a Page 3 of 5 Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing provided by
Turner Collie and Braden, Inc.
— .
an anine 'J /8
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
July 17, 2000
\\SURVHOU NT212000_ DATA\ 4176581M &n's \parce112OptI &pt2.da
SURVEY LEGEND
- FOUND T=01 BRASS DISK IN COMMIE
Q - SET TAROT BRASS DISK IN CORRETE
Q - SET N h IRON R00 W TxDDT ALUM. CAP
• - KU NO IRON ROD I0(LES5 OTNER0ISE NOTED
- (201,0 4 x 4 CONCRETE MOMENT
• • CALCULATED POINT
R - PROPERTY LINE
E - BASELINE
• - UTILITY POLE
7.
P.O.B. PART{L 120 PT. 1
0.5.132.573.82
7-10.149.692.06
th pr.
r
NOTES:
BEARINGS . CENTRAL O ZONE A AND ADJUSTED 0 STATE SURFAACCEEDADJUSTLEN EN
T
FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFDRLED WITHOUT THE BENEFIT OF A COANITLENT FOR TITLE
INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THE
TRACTS. N NFORMATION. THE SURVEYOR HAS NOT ABSTRACTED BASED RECORD
SP
3. THE TBASELINEO SHOWN AHEREOADEN .PIRCA DESIGN SCHEMATIC FILE PROVIDED
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS
7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
8. 0.2.0.0. INDICATES WILLIAMSON COUNTY DEED RECORDS
9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS • NTY TEXAS
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
REGISTERED PROFESSIONAL LAND SURVEYOR
PROPOSED
15' P. U.E.
PER LA FRONTERA
SECTION ICII(REPLATI
CARNET R. SLIDES 290 -295
r.c.P. R.
SO4•27'52'
25.16 1
(506.56
L.09.43
0 .59.00'
A- 90.21'45'
C•550'21'17
35.47'
SE
• .4
35/45 INVESTORS. L.P.
REMAINDER OF A CALLED
227.8382 ACRES
OOC. 0(9848753
O.R.W.C.T.
DOR DB DEVELOPI.ENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 1+9844186
O.R.W.C.T.
LOT V111
20.679 ACRES
LA FRONTERA SECTION IAIIIREPLATI
CABINET R. SLIDES 790 -295
W.C.P.R. L____._.
---\\.15 FOOT VIDE PUBLIC
UTILITY EASEIEN
CAB. R. AIDES 1T -22 -22
15' P.U.E.
CAB. R. AIDES 17-22
LOT XI
3.848 ACRES
A FRONTERA SECTIONS IAIIIREPLATI
CABINET R. SLIDES 290 -295
W.C.P.R.
JACOB 1i. HARRELL
SURVEY, A -284
ACREAGE
SUMMARY
ISO.FT.1
120 PART 1
120 PART 2
SNOLE
PROPERTY
AREA
ACO11REO
ACQUIRED
REMAINDER
20.679
900.7111
0.003
(1311
0011
( .
1.786)
20.635
(898.0601
S.H.45
PARCEL PLAT
FOR PARCEL 120 PT 1
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DOR DB DEVELOPAENT VENTURES. L.P
SURVCON INC.
PROFESSIONAL SURVEYORS
• 5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 76701
TELEPHONE (512) 899 -8282. FAX (512) 899-9390
EMAIL: custinSSurvcon.c0B
SCALE: 1 20'
DATE: JUNE 2000
DRAWN BY: JJC
1
JOB tt: 417 -658
F.B. #: SH 45
CAD FILE: por120-5nt
Cr
• -
SURVEY LEGEND
FOUND TXOOT BRASS DISK IN CONCRETE
SET TXDOT BRASS DISK IN CONCRETE
SET 'y' IRON ROD W/1RDOT 6.11). CAP
MUM '. IRON RIO UNLESS OTHERWISE NOTED
® - P0U10 4 4' CONCRETE I1b056MT
A - CALCU.ATEO POINT
▪ - PROPERTY LINE
l - BASELINE
UTILITY POLE
$ -
JACOB IL. HARRELL SURVEY. A -284
\ \
I
\
1 1
I. CAB. R W�C.P P S 17' =2Z1
'
1 1 35/45 INVESTORS. L.P.
227.8382 ACRES
DOC. 049845753
O.R.W.C.T.
D. ST 975;40.77..
206. LT.
-- PROPOSED R.0.11.
19' P.U.E. _
PER LA FRONTERA 1 CONTROL OF ACCESS
SECTIONS 18.111REPLAT)
CABINET R. SLIDES 290-295
_ 1
,. 1•
DDR OB DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. .9844186
O.R.W.C.T.
LOT VIII
20.679 ACRES
LA FRONTERA SECTION IMI(REPLAT)
CABINET R. SLIDES 290 -295
W.C.P.R.
•
'- ________
STATE OF AS
CALLED 2.2540 ACRES
PARCEL p
1656/810
O. R. W. C .;7'.
LOT XI
CALLED 3.848 ACRES
LA FRONTERA SECTIONS IEIIIREPLAT)
CABINET R. SLIDES 290 -295
W.C.P.R.
15' P.U.E.
Trr CA6. R. SLIDES 17 -22
1 1 1
535400 1 __1, _____ _StOpp___
VOTES:
1. BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT
FACTOR OF 1.00012.
_ THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE
INSURANCE AHD MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE
TRACTS. RECORD INFORMATION SHOWN ON THIS MAP I5 BASED ON PUBLIC RECORD
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS.
FILE PROVIDED
S. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC
BY TURNER. COLLIE AND BRADEN. INC.
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
3. 0.5.0.0.7. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS
7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
3. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS
3. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS Cr TRAVIS COUNTY TEXAS
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS
12. T.C.L. INDICATES TRAVIS COUNTY CLERK
549.48'
.
51504'11': 458.12'
1587'34'24'8 452.22')
P.0.8. PARCELS
5.5.113.266.38
7- 10.149.714.70
II STA. 541.59.73
1 212.04' L5.
P-r. 2 SET 7)O°T
BRASS 015K IR
CONCRETE
ORS 11- 29(TX). INC.
2427/328
0.5.8.0.1.
F0ON0 '.f I.R
2.0.C. 4 P7 2
LOT 1
TOWN AND'FAUNTRT
MAUL 5U0.
CAB. L. SL. 57
W /C.P.R.
170 Pi. 2
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
5.8.45
PARCEL PLAT
FOR PARCEL 120 PT 2
COUNTY: WILLIAMSON
GRANTOR :35/45 INVESTORS. L.P.
DOR DB DEVELOPMENT VENTURES. L.P.
SCALE: 1 = 100'
DATE: JUNE 2000
DRAWN BY: JJC
CHECKED BY: LW5
JOB S: 417 -658
F.B. ts: SH 45
1
9 4'•7 1 6 51 0
91.79'1 / /
C �� 6055
! R '1503 . 04'19T)
IS SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: oust 1 nOsurvcon. com
CAD FILE: D0r120 -sht - 2
SHEET 5 OF 5
NOTE
DIRECT CM
LENITN
NI
$06 25'!
TOr 4 . 72
24.11'
p
2542
2 1. 14 '
506' SE' 50'16
43
004'27' 22'3
21. 10'
316
04
NOS' 10'21'
2616'
110r41•zr Al
0
H
V
0
0
0
•
.i
.4
ONT
AIL •a•
4381. c1'
10 13 2 2 7 5 l7"
04551'15.
:DD. 44
g
I
PALO. 14
0.5. 121,712.51
2.10. 0'5 515.62
4 STL 625.75. 45
27 0.52'
CALLED 6. 17 ACRES
LA FR ONTERA
SECT ON IR
0'{81252 S, SL ROES S
53-71
RESERVED FO R FUTURE
RIGHT -OF -WAY. BUT NOT
OED IC47E0 BY IN IS PLAT I1- ► 0.E
CAS A.5. DES 11.22
T L c.P.L
L.000. 11'
107.014.53'
'.14 10'
0.171 21 / 220.01 I
Sal. 41•
L--
11.23615' 1
13.1. 014.31'!
5.14 02•I
C•111 8•52
004•2 .. -1 1 _in, a__
CONTROL OF ACCESS
1316 . 62511'
35.50'
{1 31
65, 01•
II. 2:}12124(
A. 5254.3. 40
EXISTING R.0.1.
014 58
45
311.41
R
L22
•.00'123,
A.7 s �. �4l
o- 0. I.1 rE 1.1•a• o0
oas•' tt. z1' 1
911616
1
DP 03:164
R'Or5
.24'
15/45 INVESTORS, L, P.
RERIAINO1R OP A CALLED 273. 5350 ACRES
DOC. 9549753
O.R.W,C.T.
LP, A TEXAS L PARTNT ER
CALLED 44.625 ACRES
DOC. 9944195
D. A. IL C. T. LOT IX
15.115 ACRES
LA FRONTERA SECT IDNS I•I71 REALM')
CABINET R. SLIDES 290 -295
'0P13 P 94 1 7 N.C. P. R,
. 171 - 1 1
Qi •1.54
EXISTINTIJI_.; •..::: r....__.. a. 56'30'
c.N1r 41'41'!
CONTROI. OF ACCESS 111.11'
7.10. 549, 112.11
! STA. 121+52.17
191.13 57.
1114 657. 17
5.23401•
1.1. C1L44'
1.01' 34
5.352 55'3
254, 10'
PROPOS50 R. 0. N. S. IL 45
S50+00
- t . I , 7 ,_2 • .
c
51S' 21' 77
PROPOSED R.O.9. S. H. 45
7011 E. NELSON, JR.. I.
TRACT PARCEL
CALLED 10034/53- E
4 0 3
R. P. R. T. C. T.
1411 /101 -Tll
O. R. E. C. T.
1011 0, NELSON, JR.. TRUSTEE NO. 4,
mg= TA5I'!
IS• P.2. F.
CAM. R. 14.11155 17.27
W. C. P. IL -7
1.31, 11'
1.25.00'
5.15 11•
0.169' 31
111•
III -�I-
-
✓ .I. I . P48( 15
1
1'. }}7 E 7 U. 10
�29�OS' SCT.4c 49
11• P. U.
PER LA PR7NSERA
510'11015 1111SREPL0T1
0051121' R. 4L10E5 250 •253
'I�• P. IL E. ■. C.F.L
CAL R. 2415E1 IT -22
CALLED LO 3.62 ACRES
F CAB RET AE 9L11155 290-295 91.{21
N. C. P. R.
'.5.I. 451
4 11 039.11'
.r•17R.2500 5.25.00'
4 5 .O . YSr . I I. 1565' 331,3'
4 5 31.24. 1 11 C./131' 51.21' '14'L
11. 24.1 35.24'
3
311. 6 015. Ell 311'517 50 111.52
l AYIS & WIL IAMS
T' COUNTIES
F. I4. HIGHWAY NO. 135
OECEABER 19501
90100' I.R.
'NP2C 31• E 41.33.
111.49'
7244 NE 1 JR. .
RECORDERS MEMORANDUM
NI or pa5t5 of the text on this page was not
dearly legible for satisfactory recordation.
P.46 PARCEL 111
OS, I3z, 516.09
1
1.1O. 14.16.21
L 7 027
{• 71
l
0.0.5. PARCEL 120
2.3.132. 113.12
2.14 141,692.06
21 0,24 511 It
T7 1
PT. 1
1..19.43'
1.25. OCT
1170
26: 17'
u14.m57
1016'64 55
144. 07.1
CALL
LA FRONTERA'
t4.61/1E0
•
•
575.00
/ L'21. 43'
2.00.00'
10' 22' 37'
0.571''44.
7 2
35.. 147
R 175.20• 11
1
D V E , 1. 1. LOCI. LAI L 52
151111 11.15. 1'.15.00' SE 1341411L •1
"' 3rlt 1 .. i 1
.0 6 . 5 77 : 7..._ ..
11' - II}'PLASYI1C CY
0'501'01' DV el
8101 21• ■
6' 17.05'
1 4 it,
'1
ft; PARKER
p OR1YE
O R. P. R. T. C.
3
443
1.23.3r
3.43.0r
4-.11'10'20•
C.040' 11' 03• 7
21. 0'
0,
- -1404135001'
SCHEDULE B
File No.. 00201729 Policy No. 015029 0
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following
matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or
delete this exception):
Cabinet R, Slide(s) 290 of the Plat Records, Volume 824, Page 572 of the Deed Records,
Document No. 9900915 of the Official Records as amended in Document No. 199967648 of the
Official Public Records and Document No(s). 199951346, 199954674, 199962961, 199967651,
199967341, 199968557, 199978644, 199985239 and 2000003611 of the Official Public Records,
all of Williamson County, Texas. (ALL TRACTS)
Cabinet S, Slide(s) 319 of the Plat Records and Document No. 2000077823 of the Official
Public Records, both of Williamson County, Texas. (TRACT 3)
(But omitting any covenant or restriction based on race, color, religion, sex, handicap, familial
status or national origin unless and only to the extent that said covenant (a) is exempt under
Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not
discriminate against handicapped persons)
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or
other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs
or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or
easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2001, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section
11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terns of the documents creating or offering evidence of the matters (the Company must
insert matters or delete this exception):
Heritage Title Company of Austin, Inc. First American Title Insurance Company
Texas Owner T -1 (Rev. 1 -1 -93)
SCHEDULE B- continued
File No.. 00201729 Policy No. 015029 0
a. Public utility easement 15 feet in width along all property lines of Tract 1 as dedicated on
Plat(s) recorded in Cabinet R, Slide(s) 17 and Cabinet R, Slide(s) 290 of the Plat Records of
Williamson County, Texas.
b. Public utility easements 15 feet in width traversing portions of Tracts 2, 3 and 4 as
dedicated on Plat(s) recorded in Cabinet R, Slide(s) 17 and Cabinet R, Slide(s) 290 of the
Plat Records of Williamson County, Texas.
c. Future 25 foot radius right -of -way dedications as shown on Plat(s) recorded in Cabinet R,
Slide(s) 290 (Tracts 3 and 4) and Cabinet S, Slide(s) 319 (Tract 3), both of the Plat Records
of Williamson County, Texas.
d. Electric transmission and /or distribution line easement granted to Texas Power & Light
Company, by instrument dated August 4, 1936, recorded in Volume 282, Page 374 of the
Deed Records of Williamson County, Texas.
e. Electric transmission and /or distribution line easement granted to Texas Power & Light
Company, by instrument dated September 18, 1939, recorded in Volume 300, Page 403 of
the Deed Records of Williamson County, Texas.
f. Electric transmission and /or distribution line easement granted to Texas Power & Light
Company, by instrument dated July 31, 1936, recorded in Volume 282, Page 368 of the
Deed Records of Williamson County, Texas.
g. Electric transmission and /or distribution line easement granted to Texas Power & Light
Company, by instrument dated May 30, 1951, recorded in Volume 372, Page 63 of the Deed
Records of Williamson County, Texas.
h. Ingress and egress rights only granted to Barnes & Noble Booksellers, Inc. in instrument
recorded under Document No. 199954674 of the Official Public Records of Williamson
County, Texas.
i. Ingress and egress rights only granted to Bed Bath & Beyond Inc. in instruments recorded
under Document Nos. 199962961 and 199986693 of the Official Public Records of
Williamson County, Texas.
j. Terms, provisions, conditions and easements contained in that certain Easements with
Covenants and Restrictions Affecting Land recorded under Document No. 199967651 of
the Official Public Records of Williamson County, Texas.
k. Ingress and egress rights only granted to Pier 1 Imports (U.S.), Inc. in instrument recorded
under Document No. 199978644 of the Official Public Records of Travis County, Texas.
1. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
File No.. 00201729
p•
q.
Heritage Title Company of Austin, Inc.
By:
Au boozed Countersignature
Brenda K. Hindsman
SCHEDULE B continued
Policy No. 015029 0
m. Ingress and egress rights only of Marmaxx Operating Corp. pursuant to the terms of the
Lease referenced under Document No. 2000001267 of the Official Public Records of
Williamson County, Texas.
n. Ingress and egress rights only of TGI Friday's, Inc., evidenced by Memorandum of Lease
recorded under Document No. 199985239 of the Official Public Records of Williamson
County, Texas.
o. Ingress and egress rights only of Office Depot, Inc., evidenced by Memorandum of Lease
recorded under Document No. 2000003611 of the Official Public Records of Williamson
County, Texas.
Ingress and egress rights only of Logan's Roadhouse, Inc., evidenced by Memorandum of
Lease recorded under Document No. 2000003768 of the Official Records of Williamson
County, Texas.
Ingress and egress rights only of Circuit City Stores, Inc., as evidenced by instrument
recorded under Document No(s). 2000022450 and 2000032516 of the Official Public
Records of Williamson County, Texas.
r. All oil, gas and other minerals, together with all rights relating thereto, express or implied,
reserved in instrument recorded under Document No. 2000077823 of the Official Public
Records of Williamson County, Texas. Said mineral estate not traced further herein.
s. Access restrictions and release of abutters rights as set out under Document No.
2000077823 of the Official Public Records of Williamson County, Texas. (AS TO TRACT
3 ONLY)
(h) The Company shall have the right, at its own cost, to institute and prosecute
any anion or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to the insured. The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall
not thereby concede liability or waive any provision of Otto policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals therein, and permit the Company to use, at its option, the name of the
insured for this purpose. Whenever requested by the Company, the insured, at the
Company's expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action
or proceeding, or effecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to establish the title to the
estate or interest as insured. If the Company is prejudiced by the failure of the insured
to furnish the required cooperation, the Company's obligations to the insured under the
policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard 00 the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91
days after the insured claimant shall ascertain the facts giving rise to the loss or
damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the tide, or other matter insured against by this policy that constitutes
the basis of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced by the
failure of the insured claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, with regard to
the matter or moats requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether hearing a date before
or after Dale of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized representative of the Company to
inspect and copy all records, books, ledgers, checks, c0respondence and
examine, randa in the custody or control of a third party, which reasonably pertain to the
loss or damage. All information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless in the reasonable judgment of the Company, 11 is necessary in the
administration of the claim. Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information or grant permission to
secure reasonably necessary information from third parties as required in this
paragraph shall terminate any liability of the Company under this policy as to that
claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured claimant, which
were authorized by the Company, up to the time of payment or tender of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to
the insured under this policy, other than to nuke the Payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Panics Other than the Insured or With the
Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to
pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costa, attorneys' fees and expenses
incurred by the insured claimant, which were authorized by the Company up to the
time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for to
paragraphs (b)(i) or (ti), the Company's obligations to the insured under this policy for
the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a ,contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or
(ti) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, hen or
encumbrance insured against by this policy at the date the insured claimant is required
10 furnish to Company a proof of loss or damage in accordance with Section 5 of these
Conditions and Stipulators.
(b) N the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of
Policy an improvement is erected on the land which increases the value of the insured
estate or interest by at least 20 percent over the Amount of Insurance stated in
Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at
Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears in the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of Ibis paragraph shall not apply to costs, attorneys' f and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
used as a single site, and a loss is established affecting one or more of the parcels but
not all, the loss shall be computed and settled on a pro rata basis as if the amount of
insurance under this policy was divided pro rata as to the value on Date of Policy of
each separate parcel to the whole, exclusive of any improvements made subsequent to
Date of Policy, unless a liability or value has otherwise been agreed upon as to each
parcel by 1100 Company and the insured at the time of the issuance of this policy and
shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the tide, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or takes action in accordance with Section 3 or Section 6, in a r.sonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that mater and
shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage until
there has been a Enal determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in sealing any claim or suit without the
prior written consent of the Company.
10. REDUCTION OP INSURANCE: REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys fee
and expenses, shall reduce the amount of the insurance pro 02010.
II. LIABILITY NONCUMULATIVE.
11 is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception is taken in Schedule B or to which the insured has agreed, assumed,
or taken subject, or which is hereafter executed by an insured and which is a charge or
lien on the estate or interest described or referred to in Schedule A, and the amount so
paid .shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed. in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogaiod to and be entitled lu all rights and remedies
that the insured claimant would have had against any person or property in respect to
the claim had this policy not been issued. If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The insured claimant
.shall permit the Company to sue, compromise or settle in the name of the insured
claimant and to use the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion that the Company's payment hears to the whole amount of the loss,
If loss should result from any act of the insured claimant, as tated above, that
act shall not void this policy, but the Company, in that event, shall be required to pay
only that pan of any losses insured against by this policy that shall exceed the amount,
if any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non - Insured Obligors_
The Company's right of subrogation against non- insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnifies. guaranties,
other policies of insurance or bonds. notwithstanding any terms r conditions contained
in those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the Company or the insured may
demand arbitration pursuant to the Title Arbitration Rules or the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any
v
0.
0
controversy or claim between the Company and the Insured arising out of or relating
to this policy, any service of the Company in connection with its issuance or the
breach of a policy provision or other obligation. All arbitrable matters when the
Amount of Insurance is 91,0110,000 or less SHALL BE arbitrated at the request of
either the Company or the Insured, unless the insured is an individual person (as
distinguished from a corporation, trust, partnership, association or other legal entity).
All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall
be arbitrated only when agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the panics. The award may include attorneys' fees only if
the laws of the stale in which the land is located permit a court to award attorneys'
fem to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may
be entered in any court having jurisdiction thereof.
The law of the Sims of the land s1a11 apply to an arbitration under the Title
Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out ofthe slams of the ride to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notires required to be given the Company and any statement in writing
required to be famished the Company shall include the number of this policy and shall
be addressed to the Company at: First American Title Insurance Company, 11490
Wertheimer Road, Suite 600, Houston. TX 77077.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have filed,
contact the agent or write to the Company that issued the policy. tithe problem is not
rmolved, you also may write the Texas Department of Insurance of Texas, P.O. Box
149104, Austin, TX 78714 -9104, Fax No. (512) 305 -7426. This notice of
complain, procedure is for information only and does not become a pan or condition of
this policy.
Parcels: 117, 118, 119, & 120
THE STATE OF TEXAS S
§
COUNTY OF WILLIAMSON §
SPECIAL WARRANTY DEED
State Highway 45 Right - of - Way
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and
such other property rights deemed necessary or convenient for the
construction, expansion, enlargement, extension, improvement, or
operation of a portion of the proposed State Highway 45 ( "Project "); and,
WHEREAS, the purchase of the hereinafter- described premises has been
deemed necessary or convenient for the construction, expansion,
enlargement, extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, DDR DB Development Ventures LP, a Texas limited
partnership, hereinafter referred to as Grantors, whether one or more,
for and in consideration of the sum of Ten Dollars ($ 10.00) and other
good and valuable consideration to Grantors in hand paid by the City of
Round Rock, Texas, receipt and sufficiency of which is hereby
acknowledged, and for which no lien is retained, either expressed or
implied, have this day Sold and by these presents do Grant, Bargain, Sell
and Convey unto the City of Round Rock, Texas all those certain tracts
or parcels of land lying and being situated in the County of Williamson,
State of Texas, more particularly described being more particularly
described as follows:
1) Parcel #117: 3.821 acre tract, (166,443
more particularly described in Exhibit A,
and incorporated herein;
2) Parcel #118: 3.845 acre tract, (167,488
more particularly described in Exhibit B,
and incorporated herein;
2000077823 22 Pig s
square feet) as
attached hereto
square feet) as
attached hereto
3) Parcel #119: 0.003 acre tract, (131 square feet) as more
particularly described in Exhibit C, attached hereto and
incorporated herein; and
4) Parcel #120, Parts 1 & 2: 0.044 acre tract, (1917 square
feet) as more particularly described in Exhibit D, attached
hereto and incorporated herein.
Grantors reserve all of the oil, gas and sulphur in and under the
land herein conveyed but waive all rights of ingress and egres to the
surface thereof for the purpose of exploring, developing, mining or
drilling for same; however, nothing in this reservation shall affect the
title and rights of the State to take and use all other minerals and
materials thereon, therein and thereunder.
With respect only to Parcel 119 (Exhibit C) Grantors hereby
acknowledge that their use of and access to the expressway lanes to be
constructed in conjunction with the Project of which the land hereby
conveyed shall become a part, shall be and forever remain subject to the
same regulation by legally constituted authority as applies to the
public's use thereof; and Grantors further acknowledge that the design
and operation of such Project require that access from Grantors'
remaining property to said Project shall be governed henceforth as
indicated in Paragraphs (A) and /or (B) hereinbelow; and all abutter's
rights, including rights of ingress and egress and the right of direct
access to and from Grantors' remaining property to said Project, which
have accrued or might otherwise accrue to Grantors, their heirs,
successors or assigns are hereby waived, released and relinquished
insofar as they appertain to Paragraph (B) hereinbelow:
(A) Access to and from Grantors' remaining property will be permitted:
From the Grantor's southwest corner being the southwest corner
of Lot IX, La Frontera, Sections I & II (Replat), as recorded
in Cabinet R, Slides 290 through 295 of the Williamson County
Plat Records, to a point, along the southerly line of said Lot
IX, being 76' from the southwest corner of said Lot IX; also
from a point, along the southerly line of said Lot IX, being
628' from the southwest corner of said Lot IX, to the end of
the third call.
(B) Access to and from Grantors' remaining property will be denied only
as follows:
From a point along the southerly line of said Lot IX, being 76' from
the southwest corner of said Lot IX, to a point, along the southerly
line of said Lot IX, being 628' from the southwest corner of said
Lot IX, as depicted as the "control of access" line on Exhibit "E ".
This conveyance is made subject to easements, rights -of -way, and
prescriptive rights, whether of record or not; all presently recorded
restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than
liens and conveyances, that affect the property; rights of adjoining
owners in any walls and fences situated on a common boundary; any
encroachments or overlapping of improvements; and taxes for the current
year, the payment of which Grantee assumes.
2
TO HAVE AND TO HOLD the premises herein described and herein
conveyed together with all and singular the rights and
appurtenances thereto in any wise belonging unto the City of Round
Rock, Texas and its assigns forever; and Grantors do hereby bind
ourselves, our heirs, executors, administrators, successors and
assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto the 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 Grantors,
but not otherwise.
This deed is being delivered in lieu of condemnation and Grantors
have made no representations or warranties concerning the Property
and the City of Round Rock is purchasing the Property AS IS.
IN WITNESS WHEREOF, this instrument is executed on this the /7 day
of November, 2000.
DDR DB Development Ventures LP,
a Texas limited partnership
By: Retail Value Investment Program
Limited Partnership IIIA, Its
General Partner
By: Coventry Round Rock LLC, Its
General Partner
3
By: Coventry Real Estate
Partners, Ltd., Its Sole
Member
By:
Name: lla h � ' o.
Title: Vu.r 'Q�s,ApNT
3300 Enterprise Parkway
Beachwood, Ohio 44122
Acknowledgments
State of (Mt()
County of et) y ,z) Mf G (1 A
This yistruinent was acknowledged before me on November /7,
2000 by v /0AN ✓ LPL ()of) , V( fi �� - )i of Coventry Real
Estate Partners, Ltd., sole member of Coventry Round Rock LLC,
general partner of Retail Value Investment Program Limited
Partnership IIIA, general partner of DDR DB Development Ventures
LP, a Texas limited partnership, on behalf of said partnership.
/
0gv / .73 K 7 ei 4 (typed :iame),
Notary Public in and for
the State of 0E-1 /0
My commission expires
1fEc. '7 , 200:
4
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 117
Being all that certain 3.821 acre (166,443 square feet) tract of land situated in the Jacob M.
Harrell Survey, A -284, Williamson County, Texas, being out of the remainder of a called
227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No.
9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), out of a called
14.625 acre tract of land conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS
LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a
called 3.821 acre tract of land being Lot X of the La Frontera Section I & II (REPLAT), recorded
in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.821
acre tract being more particularly described by metes and bounds as follows with all bearings
and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,131,797.48, Y= 10,149,591.54) set at 222.86 feet left of and perpendicular to State Highway 45
(SH 45) Baseline Station 526 +79.27, being in the proposed northerly right -of -way line of said
SH 45, being the northwest corner of said Lot X and the southwest corner of Lot IX of said La
Frontera Section I & II (REPLAT);
1. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the line common to said Lot X , Lot
IX and the northerly right -of -way line of SH 45, passing at a distance of 657.42 feet a
TxDOT brass disk in concrete set for a point of curvature in the proposed northerly right -of-
way line of said SH 45, continuing along the said Lot X and Lot IX common line for a total
distance of 682.26 feet (682.27') to a '/z-inch iron rod with TxDOT aluminum cap set for the
northeast comer of said Lot X, the southeast corner of said Lot IX, and being in the westerly
right -of -way line of Parker Drive (100 feet wide) as depicted and recorded in said LA
Frontera Section I & II (REPLAT);
THENCE, along the easterly line of said Lot X and the said westerly right -of -way line of Parker
Drive, the following two courses:
2. South 05 °10'25" East (S 02 °4128" E), a distance of 255.05 feet (255.17') to a %z -inch iron
rod with TxDOT aluminum cap set for the beginning of a curve to the right;
r:1417658\M &B's\parcel 117.doc
EXHIBIT A_ Page 1 of 5 Pages
r:V417658\M &B's\paral l 17.doc
EXHIBIT A_ Page 2 of 5 Pages
3. An arc distance of 39.11 feet (39.11') along said curve to the right, with a Radius of 25.00
feet (25.00'), a Delta Angle of 89 °37'23" (89 °38'18 "), a Chord Bearing and Distance of
South 39 °38'16" West, 35.24 feet (South 42 °07'41" West, 35.24') to a '/z-inch iron rod
with TxDOT aluminum cap set for the point of tangency and being the southwest corner
of said Parker Drive, the most southerly southeast comer of said Lot X and being in the
existing northerly right -of -way line of F.M. 1325 (120 feet wide) as depicted on the
TxDOT Right -of -Way Map (Travis & Williamson Counties F.M. 1325 December 1950);
4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along the southerly line of said Lot X and
the existing northerly right -of -way line of F.M. 1325, a distance of 219.93 feet (219.92') to a
'/x -inch iron rod with TxDOT aluminum cap set for the southeast comer of a called 0.617 of
one acre tract of land conveyed to Williamson County, Texas recorded under Document No.
199945868 O.R.W.C.T.;
5. THENCE, North 16 °00'31" West (N 13 °31'33" W), along the easterly line of said 0.617 of
one acre tract, a distance of 209.92 feet (209.97') to a %z -inch iron rod with TxDOT
aluminum cap set for the northeast corner of said 0.617 of one acre tract;
6. THENCE, South 84 °23'22" West (S 86 °52'19" W), along the northerly line of said 0.617 of
one acre tract, a distance of 129.90 feet(129.90') to a 1/2-inch iron rod with TxDOT aluminum
cap set for the northwest corner of said 0.617 of one acre tract;
7. THENCE, South 16 °13'27" East (S 13 °44'29" E), along the westerly line of said 0.617 of one
acre tract, a distance of 209.93 feet (209.94') to a' /z -inch iron rod with TxDOT aluminum cap
set for the southwest comer of said 0.617 of one acre tract and being in the said existing
northerly right -of -way line of F.M. 1325;
THENCE, along the existing northerly right-of-way line of said F.M. 1325 and the southerly line
said Lot X, the following two courses:
8. South 84 °26'58" West (S 86 °56'50" W), a distance of 59.03 feet (58.50') to a'' /z -inch iron
rod with TxDOT aluminum cap set for the beginning of a tangent curve to the left;
9. An arc distance of 250.11 feet (250.65') along said curve to the left, with a Radius of
1,014.93 feet (1014.88'), a Delta Angle of 14 °07'10" (14 °09'02 "), and a Chord Bearing
and Distance of South 77 °23'23" West, 249.48 feet (South 79 °52'56" West, 250.01') to a
'/z -inch iron rod with TxDOT aluminum cap set for the southwesterly corner of said Lot
X and the southeast corner of Lot 5, Block F of the La Frontera Section IIIB Subdivision,
recorded in Cabinet S, Slides 69 through 76 W.C.P.R.;
J:4117658\M &B's\par «I 117.doc
EXHIBIT & Page 3 of 5 Pages
10, THENCE, departing the said northerly right -of -way line of F.M. 1325, North 05 °32'08" West
(N 03 °03'10" W), along the easterly line of said Lot 5 and the westerly line of said Lot X,
passing at a distance of 308.78 feet a TxDOT brass disk in concrete set for a angle point in
the said proposed northerly right -of -way line of SH 45, continuing along the easterly line of
said Lot 5, the westerly line of said Lot X and the proposed northerly right -of -way line of SH
45 for a total distance of 310.72 feet (310.75') to the POINT OF BEGINNING and
containing a computed area of 3.821 acres (166,443 square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
1 14'1
arsine 7-/13
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON 1NC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
July 17, 2000
2 950Y Limo
N I . FOND TXDOT BRASS DISK IN CONCRETE
❑ - SET MOT BRASS DISK IN CENC ETE
O - SET ".f IRON ROO W/T7700T ALUM. CAP
• - F01RO 1 .1 . IRON ROD UNLESS OTHERWISE NOTED
- MUM 4' K 4' CONCRETE IONUIENT
-D - CALCULATED POINT 35/45 INVESTORS. L.P.
_ [ - PROPERTY 11IE REMAINDER OF CALLED
227.0382 ACRES
]]len�. = BASELINE DOC. 109844753
1St . UTILITY POLE D.R.W.C.T.
DDR DB DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
CONSTRUCTION AREA
SEE DETA 'A'
LOT 5. BLOCK F
CALLED 6.17 ACRES
LA FRONTERA
SECTION IIIB
CABINET 5. SLIDES 69-76.
CC-P.R.
RESERVED FOR FUTURE
RIGHT-OF-WAY. BUT NOT 'n
DEDICATED BY THIS PLAT
9
A
.CANINE
CISTERED PROFESSIONAL LAND SURVEYOR
•
D.8.
P. D.a. PARCEL 111
X�.I)Yft97.45
Y- 10.149.591.94
(STA. 526 +79.27"
14i.6e 11.
i S.H. 45
N84'21'5 2'C
JACOB M. HARR
SURVEY. A -28
LOT IX
15.115 A CRE
A FRONTERA SECTIONS
CABINET R. SLIDE!
W.C.P.R.
LOT 2. BLOC
52.568 A
LA FRONTE
SECTION 1
CABINET R. SLID
W.C.P.R.
1N86.56'SO'E)
CONTROL OF ACCESS
LOT X
CALLED 3.821 ACRES
LA FRONTERA SECTION 14111 REPLATI
CABINET R. SLIDES 290 -295
W.C.P.R.
4
L50.11' 11- 250.65') 1586.56'5010
6- 1.014.93' (81.014.88 ) ��
A414.07 (114.09'02') S44 56
C74377•23'23.1 C74377•23'23.1 1079.52.5610) 59.03'
249.48' 1 250.01')
EXISTING R.O.W. - "-
J:•-- CONTROL _OF ACCESS_
BRATTON
NOTES) CEMETERY
1. HAD 83 6 COORDINATES ADUSTED TO SURFA A � STI
FACTDI OF 1.00014.
2 . THIS SURVEY WAS PERFONIED WITHOUT TIE BENEFIT OF A COYITIENT FOR 1171.0 NFERI TRAC TTINFORMATION. CORD IND
NOT TIM INCLUDE U4 11110 B5 D CR P001 10 RECORO
INFORMATION. THE SURVEYOR 1AS NOT ABSTRACTED TH TRACTS.
3. THE BASELINES 5110814 HEREON EONI PER A DE SCHEMATIC FILE PROVIDED
BY TURNR. COLLIE ANCI 4. O.R.W.C.T. INDICATES OFFICIAL RECORDS K WILLIASO1 1001011 TEXAS
5. R.P INDICATES REAL COUNTY PROPERTY RECORDS OF TRAVIS CTY TEXAS
6. D.E. INDICATES DRAINAGE EA5E1EN1
7. P.U.E. INDICATES PUBLIC UTILITY EA5EIE91
0. 8.0.0.8. INDICATES 01111) SON COUNTY PLAT RECORDS
9. 8.0.0.6. INDICATES WILLIAMSON COUNTY DEED REMISS
10. T.C.P.R. INDICATES TRAVIS CLARITY PLAT REC0R05
19. 7.0.0.9 OR
. INDICATES TRAVIS COUNTY DEED REGO5
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
662.26'1602.27'
PROPOSED R
11466
564_ 23'
Fa+
o �o �
AAA
(1
11403•
PROPOSED H05•
R. 0.W. 5.H. 45
000P06ED R.0.1.
L=270.67'
R- 3.316.8 �
A4•40'
1180
270.60
LL
611(REPLATI
290 - 295 y CURVE DATA
K A L - 9.230.95'
R - 9.567.80'
OR ES D - 07
R I 00 1.230 10
ES 17 -22 PC- 521+28.36
PT- 533159.31
PI- 527444.68
X - 3.137.653.51
7 - 10.149.401.09
.0.0. S.H. 45
52' 1810)
2210 129.90'
.M. 1325
20' WIDE)
03' 10101
32'08'1
1.94'
11•E
657.42'
SCALE: 1" = 100'
DATE: JUNE 2000
DRAWN BY: JKB
0147'26
19. =3'
884.27'52'C
.B.
P ARCEL B 117
0E1 IL 'A'
S.H.45 N 7.5.
PARCEL PLAT
FOR PARCEL 117
COUNTY: WILLIAMSON
GRANTOR135 /45 INVESTORS. L.P.
DOR DB DEVELOPMENT VENTURES. L.P.
R.O.W.
ACREAGE
SUMMARY
750.77.1
PROPERT)
AREA
ACQUIRED
0EMAINDER
LEFT
REMAINDER
RIGHT
166 443)
3.841
1166.443)
O
0
G SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (512) 899 -9390
EMAIL: austtnesUrvcon.com
JOB 0: 417 -658
F.B. W: 5H 45
AD FILE: Da1-117 -sht -1
SURVEY LEGEIO
- FOLIO MOT BRASS DISK IN CONCRETE
❑ ■ SET MOT BRASS OI51 IN CONCRETE
Q - SET R' :BON ROD W/TX00T ALIBI. CAP
• - FOLIO .•{ 1RO1 ROD UNLESS OTHERWISE NOTED
® - F01801 4' N 4' CONCRETE M RLDE0T
A - CALCULATED POINT
8. - PROPERTY LINE
l
■ BA5El11E
▪ - UTILITY KEE
35/45 7 . 8382TACR . P.
OOC. 69848753
O.R.W.C.T.
15' P.O.E. — I
PER LA FRONIERA
SECTION 11.1 I(REPLATI
CABINET R. SLIDES I90 -295
RC.2.8.
1106'56'50'EI
( 642.17'I
— — N04'27'52'E
602.26'
-- ill �l.42_ W
VI I
LL I
0
cr
1—
w
LL1
N
Z I
Z
= - 56 4 219.93'.�
f 566 \219.92'
F - EXISTING
Q R.O.
F.M. 1325
(120' WIDE)
B
JACOB M.HARRE
SURVEY, A -284
S
5
PROPOSED
1■39.11'
9■5.00'
C.539 '23'
35.24'
35.24'
W ID
L
1
CONTROL CF ACCESS
LOT 21
CALLED 3.848 ACRES
LA FRONTER* SECTIONS 1611(REPLATI
CABINET R. SLIDES 290 -295
w.C.P.R.
535400
- 89.11'1
15.00'1
- 09'36'18'1
.642.05'41'91
35.24')
CONTROL OF ACCESS
W Y�8
S.H.45
PARCEL PLAT
FOR PARCEL 117
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DOR DB DEVELOPMENT VENTURES. L.P.
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899-8282. FAX (512) 899 -9390
EMAIL: austlnosurvcon.com
SCALE: 1' = 100'
DATE: JUNE 2000
DRAWN BY: JO
JOB K: 417 -658
F.B. n: 5H 45
CAD FILE: Dar11T -sht - 2
SHEET 5 OF 5
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
1:W 17658\M &B's \PART I8.doc
EXHIBIT E. Page I of 3 Pages
Property Description for Parcel 118
Being a 3.845 acre tract (167,488 square feet) of land situated in the Jacob M. Harrell Survey, A-
284, Williamson County, Texas being out of a called 227.8382 acre tract of land as conveyed to
35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of
Williamson County, Texas ( O.R.W.C.T.), being out of a called 14.625 acre tract of land as
conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED
PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a called
3.848 acre tract of land being Lot XI of the La Frontera Sections I & II ( REPLAT), recorded in
Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.845 acre
tract being more particularly described by metes and bounds as follows with all bearings and
coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation ( TxDOT)
aluminum cap (X = 3,132,576.09, Y = 10,149,667.00) set in the existing easterly right -of -way
line of Parker Drive (100 feet wide) recorded in said La Frontera Sections I & II (REPLAT) at
205.09 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 534 +46.24
for the most westerly southwest corner of Lot VIII of said Ia Frontera Section I & II (REPLAT)
and being the northwest comer of the herein described tract;
1. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the northerly line of said Lot XI, the
southerly line of said Lot VIII, passing at a distance of 25.16 feet a TxDOT brass disk in
concrete set for a point of tangency in the proposed northerly right -of -way line of State
Highway 45, continuing along said common line for a total distance of 144.03 feet (144.03')
to a TxDOT brass disk in concrete set for an angle point in the proposed northerly right -of-
way line of SH 45;
2. THENCE, North 85°0416" East (N 87 °3424" E), departing said proposed northerly right -of-
way line of SH 45 with the northerly line of said Lot XI and the southerly line of said Lot
VIII, a distance of 458.12 feet (458.22') to a %x -inch iron rod found for the northeast comer of
said Lot XI and the northwest corner of a called 2.2540 acre tract of land, Parcel 3, as
conveyed to the State of Texas, recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 05 °33'26" East (S 03 °05'07" E), along the easterly line of said Lot XI and
the westerly line of said Parcel 3, a distance of 274.85 feet (275.04') to a point for the
southeast corner of said Lot XI, the southwest corner of said Parcel 3 and being in the
existing northerly right -of -way line of F.M. 1325 as depicted on the TxDOT Right -of -Way
Map (Travis & Williamson Counties F.M. Highway No. 1325 December 1950), from which
a 1/2 -inch iron rod found bears South 23 °19'09" East, 0.31 feet;
EXHIBIT 8 Page 2 of 3 Pages
4. THENCE, South 84°26'58" West (S 86 °56'50" W), along said northerly right -of -way line of
F.M. 1325 and the southerly line of said Lot XI, passing at a distance of 403.58 feet (403.69')
a 5/8 -inch iron rod found for the southwest comer of said 14.625 acre tract, continuing a total
distance of 578.84 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set for a point of
curvature to the right, being the most southerly southwest corner of said Lot XI and the most
southerly southeast corner of said Parker Drive;
THENCE, along the line common to said existing easterly right -of -way line of Parker Drive and
the westerly line of said Lot XI, the following two courses:
5. An arc distance of 39.43 feet (39.43') along said curve to the right, with a Radius of 25.00
feet (25.00'), a Delta Angle of 90 °22'37" (90 °21'42 "), a Chord Bearing and Distance of
North 50 °21'44" West, 35.47 feet (N 47 °52'19" W, 35.47') to a 1/2-inch iron rod with
TxDOT aluminum cap set for a point of tangency;
6. North 05 °10'25" West (N 02 °41'28" W), a distance of 254.70 feet (254.85') to the
POINT OF BEGINNING and containing a computed area of 3.845 acres (167,488
square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
OF
Q Tre.. 9 2 / . .e. a n anine /B— JAY BEAN CANINE
Registered Professional Land Surveyor vt 4345 v ,•
er
Texas Registration Number 4345 �.;,E {O
• . � S UFO '
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
July 17, 2000
J:14I7658\M &B's1PARI 18.doc
, RECORDERS MEMORANDUM IACOB Y. HARRELL
All of pates of the tat on this as not
w
l e for,K tv �itlon.
UTILITY EISEIENT
PER LA FRONTERA
SECTION 1011(REPLATI
CABINET R. SLIDES 290-295
1 P.O.B. PARCEL 116 1
i STA,Si44 1
205.09 LT
_0 25.747e: 1
a 1134
r a4 144.03',
o CONTROL OF ACCESS
PARKER
DRIVE
1 1
L- 39.43' 11119.43') ` \ _________
R-25.00"
.90.22'37' (4.90.21'42-1
0(50.21'441 (0.447.52'19.6
35.47' 35.47'1 FOUND % I.R.
1175.30')
1403.6
5 6e5 .- �3. 19'0910
0.31'
1586.56' 50'E 41.4-FOUND . 4 I.R.
578.99 1
DETAIL 'A'
NOTES. N.T.S.
11. T.C.D.R. INDICATES TRAY15 COUNTY DEED RECORDS
TE PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 4315
1
DATE
35/45 INVE5TW5. L.P.
REMAINDER OF CALLED
227.8382 ACRES
DOR 06 DEVELOPMENT VENTURES. DOC. A9848753
LP. A TEXAS LIMITED PARTNERSHIP O.R.W.C.T.
CALLED 14.625 ACRES
DOC. x9844186
O.R.W.C.T.
SURVEY, A -284
LOT 9111
CALLED • 2a.$m --
LA FRONTERA SECTa0NSJ- 4_1I 4
NOS 04'16'E 456.12' 1000?34'24
1 HAD 03. CENTRAL ZONE AND BASED 011 TO SURFACE USING N.
G A SURFACE ADJUSTIEHT
FACTOR 6 1.00012.
2. THIS SURVEY RAS PERFORMED WITHOUT THE BENEFIT OF • COMITMENE FOR TITLE
INSURANCE 4. RECORD IM N
FO MATIW W THIS MAP (3 BASED Cm PUBLIC PERTAINING TMESE
RECUM)
INFORMATION. THE SRIVEY06 HAS NOT ABSTRACTED THESE TRACTS.
3. THE��INE SH HER AUEM. PIMCA DESIGN SCHEMATIC FILE PROVIDED
4. D.R.6.0.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COMITY TEXAS
5. R.P.R.T.C.T. INDICATES REAL PROPERTY memos or TRAVIS COUNTY TEXAS
6. D.E. INDICATES DRAINAGE EASEMENT
7. P.O.E. - INDICATES PUBLIC UTILITY EA5E667
8. B.C.P.R. INDICATES 8(11( M50N COUNTY PLAT RECORDS
9. 8. C.D.R. INDICATES WILLIAMSON CO111' DEED RECORDS
10. T.C.P.R. INDICATES TRAVIS COUNTY RAT RECORDS
LOT XI
CALLED 3.648 ACRE
LA FRONTERA SECTIONS 181
CABINET R. SLIDES 29
- 15' P.U.E. M. C. P. R.
CAB. R. 361DE5 17-22
403.58
SB4.26 578.641586 403.69'
TRACT I
10084/93
R.P.R.T.C.T.
REPS - STY
PROPOSED R.O.W.
XISTJNG R.O.W.
C.T.
0
-711
C.T. •
A
1!
6
PROPOSED R.O.W.
S.H.45
PARCEL PLAT
FOR PARCEL 118
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DDR 06 DEVELOPMENT VENTURES. L.P.
SCALE: 1" = 100'
GATE: JUNE 2000
DRAWN 6Y: JJC
_ f DETAIL 'A'
F.fi. 1326 (120' WIDE) - - --"
TXDOT RIGHT -0F -WAY MAP
TRAVIS 8 WILLIAMSON COUNTIES
F.N. HIGHWAY NO. 1325
DECEMBER 1950)
SURVEY LEGEND
FOUND TXDOT BRASS DISK IN CONCRETE
5ET TXDOT BRASS 015K IN CONCRETE
- 5E0 '.3 IRON ROD V/TXDOT ALUM. CAP
FOIRO 1', IRON ROD 09LE55 OTIER815E NOTED
- FOLIO 4" x 4' CONCRETE MOMENT
- CALCULATED POINT
- PROPERTY LINE
- BASELINE
UTILITY POLE
ACREAGE
SUMMARY
(50.07.)
01101E
PROPERTY
ACQUIRED
REMAINDER
LEFT
REMAINDER
R1GNT
3.845
(167.486)
3.845
(167.4661
0
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 - 8282. FAX (512) 899 - 9390
EMAIL: austinGsurvcon.c0m
JOB u: 417 - 658
F.6. x: SH 45
CAD FILE: Dar118 - elf -1
TOM E. NELSON. JR..
TRUSTEE N0. 11
660051NDER OF TRACT 1 •
CALLED 12.12 ACRES ❑
10084/93 -103
R.P.R.T
148/101
D.R.W.
CHECKED BY: WJM
SHEET 3 OF 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
1: \4I76581M &B's\parce1I 19.doc
EXHIBIT C. Page t of 3 Pages
Property Description for Parcel 119
Being all that certain 0.003 of one acre (131 square feet) tract of land situated in the Jacob M.
Harrell Survey, A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of
land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas ( O.R.W.C.T.), out of a called 14.625 acre tract of land
conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED
PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and out of a called 15.115
acre tract of land being Lot IX of the La Frontera Section I & II (REPLAT), recorded in Cabinet
R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 0.003 of one acre
tract of land being more particularly described by metes and bounds as follows with all bearings
and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and
adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a Texas Department of Transportation ( TxDOT) brass disk in concrete (X=
3,132,474.32, Y= 10,149,682.10) set at 229.05 feet left of and perpendicular to State Highway 45
(SH 45) Baseline Station 533 +46.49, being in the proposed northerly right -of -way line of said
SH 45, the easterly line of said Lot IX, and being in the existing westerly right -of -way line of
Parker Drive (100 feet wide) of said La Frontera Section I & II (REPLAT);
1. THENCE, South 05 °10'25" East (S 02 °4128" E), along the said easterly line of Lot IX and
said existing westerly right -of -way line of said Parker Drive, a distance of 24.84 feet to a' /x-
inch iron rod with TxDOT aluminum cap set for the southeast corner of said Lot IX and the
northeast comer of Lot X of said La Frontera Section I & II (REPLAT);
2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot IX
and the northerly line of said Lot X, a distance of 24.84 feet to a TxDOT brass disk in
concrete set at 204.05 feet left of and perpendicular to said SH 45 Baseline Station
533 +22.20, for the beginning of a cutback curve to the left in the said proposed northerly
right -of -way line of SH 45;
3. THENCE, an arc distance of 39.11 feet along said curve to the left, with a Radius of 25.00
feet, a Delta Angle of 89 °38'17 ", a Chord Bearing and Distance of North 39 °38'43" East,
35.24 feet to the POINT OF BEGINNING and containing a computed area of 0.003 of one
acre (131 square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
` ��y a Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
July 17, 2000
J:\417658V 4 &B's1parccl l 19.doc
EXHIBIT Page 2 of 3 Pages
'7_48,0°
'SURVEY LEGEND
▪ FOUND TADOT BRASS DISK IN CONCRETE
- 5ET 70007 BRASS OISE IN CONCRETE
Q . SET ..f IRON R00 8(00007 ALUM. CAP
• . FOUL. IRON ROD UNLESS 01NE9WI5E NOTED
® . FOUND 4' x 4' CONCRETE 110N.MENT
A . CALCULATED POINT
R . PROPERTY LINE
l 885ELI85
8711173 POLE
35/45 INVESTORS. L.P.
REMAINDER OF A CALLED
227.8382 ACRES
DOC. 79848753
O .R.W.C.T.
DDR DB DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 89644186
LOT 1% O.R.W.C.T.
15.115 ACRES
LA CABN NET R SECTION SLIDES 290-295 290 295 AT)
W.C.P.R.
JACOB 11. HARRELL
SURVEY, A -284
TA. 33.22.20
—III
15 FOOT WIDE PUBLIC
UTILITY E45EIENT
CAB. R. 5LIOE5 17 -22
1NE
REGISTERED PROFESSIONAL LAND SURVEYOR
15' P.U.E.
CAB. R. SLIDES 17 -22
4 r. ... .....
107 X t—
3.821 ACRES
ILA FRCNTERA SECTION 1611(REPLATI
CABINET R. SLIDES 290 -295
W.C.P.R.
1
1
58321•52'5
24.84'
PROPOSED 5.0.8
1879.11'
R.25.00'
S86.56'50'81
NOTES:
1. BEARINGS AND
NAD 83. CENTRAL D ZONE A ARO ADJUSTED TO SURFACE STATE USING P EM
ACEADJUST0ENT
FACTOR OF 1.00012.
2. PERFORMED
INSURANCE AND MAYNOT1 INCLUDE EA BENEFIT OF A I INFORMATION ERTAININ TITLE
GTO THE
TRACTS. RECORD INFORMATION SHOWN ON THIS MAP I5 BASED ON PUBLIC RECORD
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED 111E5E TRACTS.
3. THE BASELINE SH01N HEREON IS PER A DESIGN SCHEMATIC FILE PROVIDED
BY TURNER. COLLIE AND BRADEN. INC.
4. O.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS
7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
8. 6.0.0. (0. INDICATES WILLIAMSON COUNTY DEED RECORDS
9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORD
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
DATE: ;2%/45?-4
5E
.. L .
0.14.45
PARCEL PLAT
FOR PARCEL 119
COUNTY: WILLIAMSON
GRANTOR :35/45 INVESTORS. L.P.
OD8 DB DEVELOPIENT VENTURES. L.P.
SCALE: 1" = 20'
DATE: JUNE 2000
DRAWN BY: JJC
1
I
ACREAGE
SUMMARY
ISO.FT.1
PITY
15.115
1658.4091
AREA
ACQUIRED
REMAINDER
LEFT
REMAINDER
RICH?
0.003
(1311
15.112
4656.2191
19 SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 1512) 899 -8282. FAX (512) 899 -9390
EMAIL: Bust 1 n05urv0(XY. 008
JOB #: 417 -658
F.B. u: SH 45
AO FILE: Dar119 -sht -1
15 FOOT 810E PUBLIC
UTILITY EASEIENT
SECTION ISII(REPLA TI
CABINET R. SLIDES 290 -295
W C P R
P.O.8. PARCEL 119
087.132.474.32
Y.10.149.682.10
SIIFFT 3 OF 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 120 Part 1 and Part 2
Being all that certain 0.044 acre (1,917 square feet) of land situated in the Jacob M. Harrell Survey,
A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of land conveyed to
35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson
County, Texas ( O.R.W.C.T.), being out a of called 14.625 acre tract of land conveyed to DDR DB
DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document
No. 9844186 O.R.W.C.T. and being a portion of a called 20.679 acre tract of land, being Lot VIII of
the La Frontera Sections I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson
County Plat Records (W.C.P.R). Said 0.044 acre of land being more particularly described in two
parts by metes and bounds as follows with all bearings and coordinates based on the Texas State
Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
Part 1
\\SUR V HOU_ N12\2000_DATA\417658\M &a's\pand 12Optl &p12.d°°
EXHIBIT Page 1 of 5 Pages
BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X=
3,132,573.82, Y= 10,149,692.06) set at 230.24 feet left of and perpendicular to State Highway 45
(SH 45) Baseline Station 534 +46.18, being in the proposed northerly right -of -way line of said SH 45,
being in the westerly line of said Lot VIII, and being in the existing easterly right -of -way line of
Parker Drive (100 feet wide) of said LA Frontera Sections I & II ( REPLAT) for the beginning of a
curve to the left;
1. THENCE, an arc distance of 39.43 feet along the proposed northerly right -of -way line of SH 45,
being a curve to the left, with a Radius of 25.00 feet, a Delta Angle of 90 °21'43 ", a Chord Bearing
and Distance of South 50°21'17" East, 35.47 feet to a TxDOT brass disk in concrete set at 205.31
feet left of and perpendicular to SH 45 Baseline Station 534 +71.40, being in the proposed
northerly right -of -way line of SH 45, being in the southerly line of said Lot VIII, and being in the
northerly line of Lot XI of said La Frontera Section I & II (REPLAT);
2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot VIII and
the northerly line of said Lot XI, a distance of 25.16 feet to a Y2 -inch iron rod with a TxDOT
aluminum cap set for the southwesterly comer of said Lot VIII, the northwesterly comer of said
Lot XI and being in the said existing easterly right -of -way line of Parker Drive;
3. THENCE, North 05 °10'25" West (N 02 °41'28" W), along the said westerly line of Lot VIII and
the existing easterly right -of -way line of said Parker Drive, a distance of 25.16 feet to the POINT
OF BEGINNING and containing a computed area of 0.003 acre (131 square feet) of land, more
or less, for Part 1.
Part 2
COMMENCING at a 1/2 -inch iron rod found for a northeast comer of said I,ot VIII and the
northwest comer of Lot 1 TOWN AND COUNTRY MALL SUBDIVISION, recorded in Cabinet L,
Slide 57 W.C.P.R. as conveyed to QRS1 1-29 (TX), Inc., recorded in Volume 2427, Page 328
O.R.W.C.T.;
THENCE, South 05 °34'03" East (N 03 °04'19" W), along the easterly line of said Lot VIII, the
westerly line of said Lot 1, a distance of 819.17 feet to a TxDOT brass disk in concrete (X =
3,133,266.30, Y = 10,149,734.70) set in the proposed northerly right -of -way line of State Highway
45 at 212.04 feet left of and perpendicular to State Highway 45 Baseline Station 541 +39.73 for the
northeast comer and the POINT OF BEGINNING of the herein described tract;
1. THENCE, South 05 °34'03" East (S 03 °04'19" E), along said easterly line of Lot VIII and said
westerly line of said Lot 1, a distance of 5.63 feet to a 5/8 -inch iron rod found for the southwest
corner of said Lot 1, the southeast comer of said Lot VIII, being in the existing northerly line of
Parcel 3, a called 2.2540 acre tract, as conveyed to the State of Texas, recorded in Volume 1656,
Page 810 O.R.W.C.T.;
2. THENCE, South 84 °26'59" West (S 86 °51'56" W), along the southerly line of said Lot VIII and
the northerly line of said Parcel 3, a distance of 91.39 feet (91.29') to a %2 -inch iron rod found for
the northwest comer of said Parcel 3 and the northeast confer of I,ot XI of said La Frontera
Section I & II (REPLAT);
3. THENCE, South 85 °04'16" West (S 87 °34'24" W), along said southerly line of Lot VIII and the
said northerly line of Lot XI, a distance of 458.12 feet (458.22') to a TxDOT brass disk in
concrete set for an angle point in the proposed northerly right -of -way line of said SH 45 at 206.37
feet left of and perpendicular to SH 45 Baseline Station 535 +90.27;
4. THENCE, North 84 °22'52" East, along said northerly right -of -way line of SH 45, a distance of
549.48 feet to the POINT OF BEGINNING and containing a computed area of 0.041 acre
(1,786 square feet) of land, more or less, for Part 2 for a total combined area of 0.044 acre (1,917
square feet) of land, more or less, for Parts 1 and 2.
\\SURVHOU_NT2\ 2000 _DATA1417658\M &B's \parcel120ptl &pt2.doc
EXHIBIT Page 2 of 5 Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing provided by
Turner Collie and Braden, Inc.
an anine rJ / — O
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
July 17, 2000
\\SURVHOU Nr2\2000_DATAW 17658\1 &B's\parcc1120pH &pt2.doc
EXHIBIT a Page 3 of 5 Pages
•
. ❑
.O
•
A
SURVEY LEGEND
w FOUND 70000 BRASS DISE IN C011CRF0E
■ SET MOT BRASS DISK IN CONCRETE
■ SET 1 '{ IRON ROO 11/00000 ALUM. CAP
■ FOUND 4 .1" IRON ROD UNLESS 0u1068ISE NOTED
■ POMO 4' 0 4 CONCRETE NOAAEM
■ CALCULATED POINT
■ PROPERTY LINE
BASELINE
UT 11 ITT POLE P.0.8. PARCEL 120 PT. 1
X.3.132.573.82
Y40.149.492.06
f t'
a' g C
2® PT.
PROPOSED
S64.27'52.'
25.16'
1566.56'50.')
15' P. U.E.
PER LA FR0REfG
SECTION I &II (REPEAT I
CABINET R. 51 IDES 290 -295
D. c.P .R.
049.43'
R45.00'
A 40.21'47'
C450
75.41'
NOTES:
1 WAD 83 $ CENTRAL E STATE AND COORDINATES BASED ON
5080 4ND ADJUSADJUSTED OSURFAC0US NG AA COORDINATE EM
SURFAADJUSTMENT
FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE
INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THE
INFORMAT ON. RECORD SURVEYOR HAS NOT ABSTRACTED ED BASED RECORD
TRACTS.
3. THE BASELINEOSHOWN HER RADEN. INCA DESIGN SCHEMATIC FILE PROVIDED
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. O.R.TI.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS
7. W.C.P.R. INDICATES WILLIAM50N COUNTY PLAT RECORDS
8. W.C.D.R. INDICATES WILLIAM50N COUNTY DEED RECORDS
9. R.P.R.T.C.T. INOICATES REAL PROPERTY RECORDS OF TRAVIS '.NTT TEXAS
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. 1'.C.D.14. INDICATES TRAVIS COUNTY DEED RECORDS
92. T.C.C. INDICATES TRAVIS COUNTY CLERK
l
DATE: ."/G -. f2e,
E
REGISTERED PROFESSIONAL LANG SURVEYOR
5E
DOR OB DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 49844186
O.R.W.C.T.
LOT VIII
20.679 ACRES
LA FRONTERA SECTION I8f1fREPCATI
CABINET R. SLIDES 290 -295
W.C.P.R.
35/45 INVESTORS. L.P.
REMAINDER OF A CALLED
227.8382 ACRES
DOC. 49848753
O. R. W. C. T.
15 FOOT WIDE PUBLIC
UTILITY EASEMENT
CAB. R. SLIDES 17 -22
SCALE: 1' = 20'
DATE: JUNE 2000
DRAWN BY: JJC
15' P.U.E•
CAB. R. SL IDES 17 -22
P. R.W.C.T.
LOT XI
3.848 ACRES
A FRONTERA SECTIONS I81I(REPLATI
CABINET R. SLIDES 290 - 295
W.C.P.R.
JACOB M. HARRELL
SURVEY, A -284
ACREAGE
SUMMARY
(SO.F T. 1
120 PMT 1
120 PMT 2
AREA
ACQUIRED
AREA
ACQUIRED
LEFT
20.679
(900.777
0.003
11311
0.041
(1.7861
20.635
(098.860)
PROPERTY
S.H.45
PARCEL PLAT
FOR PARCEL 120 PT 1
COUNTY: WILLIAM50N
GRANTOR:35 /45 INVESTORS. L.P.
DDR DB DEVELOPMENT VENTURES. 1.P
1
1
0 SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5124 899 -8282. FAX (512) 899 -9390
EMAIL: austirasurvaofl.com
JOB tt: 417 -658
F.B. A1': SH 45
CAD FILE: par120 - sht - 1
cu0CT A FIC 5
4
• •
SURVEY LEGEND
■ - FOND TXOOT BRASS DISK IN CONCRETE
❑ - SET TXODT BRASS DISK IN COCRETE
Q • SET N. IRON ROO 0/TXDOT ALUM. CAP
.. - FARO 1q IRON ROD 014E55 OTHERWISE NOTED
® - FOLIO 4' x 4' CONCRETE IODENT
- CALCULATED POINT
L - PROPERTY LINE
l - BASELINE
- UTILITY PEE
DDR 08 DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
35/45 INVESTORS. L.P. DOC. #9844186
227.8382 ACRES O.R.W.C.T.
DOC. +9848753
O.R.W.C.T.
1 `
\ � 1 1
\ \
15' P.U.E. 1 1
I CAB. R. AI - 7 DES - . 1
r. c.P.R. 1 ! s1p tT {C9DOT�
/ 206. 7' L r .
,11V11(/ - " PROPOSED R.O.11
JACOB Y. HARRELL SURVEY. A -284
LOT VIII
20.679 ACRES
LA FRONTERA SECTION ILII(REPLATI
CABINET R. SLIDES 290 -295
W.C.P.R.
541.48'
585.04'16'* 456.12'
1587.34'24'* 452.22')
II JO RI P
15' P.U.E. ______ - ___
PER LA FRONTERA CONTROL OF ACCESS
SECTIONS 1611IREFLAT)
CABINET R. SLIDES 290-295 1 _
*.C.P. R. LOT XI
- - j LA FRONTERA ED ECTIONS A I 2I1-REPLATI
1 CABINET R. SLIDES 290 -295
W.C.P.R.
` 1 r---15A-87-R. 15' P.U.E.
SLIDES 17-22
1
r 1 I
535.00
1
NOTES:
1. BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT
FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A CW4AITLENT FOR TITLE
INSURANCE AND MAY NOT INCLUOE EASEMENTS AND INFORMATION PERTAINING TO THESE
TRACTS. RECORD INFORMATION SHOWN ON THIS MAP (5 BASED ON PUBLIC RECORD
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS.
3. TH THE TBASELINEO SHOWN AND R EO N IS. P IRCA DESIGN SCHEMATIC FILE PROVIDED
4. D.E. INDICATES DRAINAGE EASEMENT
5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT
6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS
T. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
8. W.C.D.R. INDICATES WILLIAUSON COUNTY DEED RECORDS
9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS
10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS
11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS
12. T.C.C. INDICATES TRAVIS COUNTY CLERK
LOT 1
TOWN AND - COUNTRY
MAIL SUB.
CAB. L. SL. 57
W ,iC.P. .
I a
P.O.B. PARCFIS 170 PT. 2 �-
8-3.133.266.30
Y=10.149.134.70
!
STA. 541-39•73
= --'212.04 . LT.
FT. 2 SET MOT
BRASS DISK IN
CONCRETE
S.H.45
PARCEL PLAT
FOR PARCEL 120 PT 2
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
DDR DB DEVELOPMENT VENTURES. L.P.
19 SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 76701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: Oustlnosurvcon.com
SCALE: 1" 100'
DATE: JUNE
2000
DRAWN BY: JJC
CHECKED BY: LWS
ORS 11- 29(TX1. INC.
2427/328
O.R.W.C.T.
P.O.C. P 120 PT
1605.11.
540.00 - "
N6'S9'N
91.39'
FOUND 17 1•R f�L6'
91.29' 1
49"° X5.63 3'E
IL I.R. 1[ i MF (503.04/9'E)
I B pi
STATE OF T,EXAS
CALLED 2.2540 ACRES
PARCEL 3
1656/810
O.R.W.C.T.
i
1
RECORDERS MEMORANDUM
All or parts of the tar on this page was not
dearly legible for satisfactory recordation.
JOB #: 417 -658
F.B. #: 5H 45
CAD FILE: par120 -sht - 2
SHEET 5 OF 5
11011
511101r0N
LENlISI
HI
S06• Ir. E571
' Pr :1
24.1r
40
3:44/. 12'l
01,11•
$$$'54' Drop
43
054'27'
25.11'
565706' 55. 0.
44
NOD' 75 24' B
SL 16•
407'41'21
.4
0
co
O
0
O
-4
LREf0. 11• •21141. 114
r'= 18.1.61/. 11'3
144.014.1)' 1.E -0r
1• DS•5
I4'61'11' 1 1 r52'Sr
6177'25' Er V 1 as&.14 1
242.41'
SSA.
00.
1 L.wI 0102 7 ', 1 11 1 . 38g6
10'
C0 125 11 L --
T at o w 9 PBRPOSES
• -
0.411 51051
SS. 1 40
EX 157 150 R. D. w.
RIP Er 514F
• L
DETAIL •
4457}.011 X 10`15
aft
1.54'
14 RENA INDE 05 A l CA,L217. 1312 ACRE5
DOC. 9641753
0.R. C. 7.
LP, A 08 EXAS LIY
ITER PARTNERSHIP.
CALLED 14. 625 ACRES
DOC. 4 9144106
D. R. w, C. T. LOT 171
15.115 ACRES
LA FROIf1ERA SEC71555 1 L I11REDLAT)
CABI 5.. SLIDES 290 -295
P. 1 5.0. P.R.
.'1134131. 515 1 4
404'07
N
F.D. 1. 14
0.3. 13 1.747. Er
T.10. SOARS. R2
5. 575, 555.51, 4 5
227. O.
b 1.07 ILOCR F
CALLED 5. 5. 17 ACRE5
LA FRCNTEIG
g 2 5661105 1114
g ICAISHET 5, 301025 19 -7E
R£SERVA�5 5 F UTURE
k R IOHT 05 - 1617. BUT NCI
1, ' DEDICATED BY THIS PLAT
0. ID, 125. 112. 11
1 07/. 521703.17
111.50 RT.
11' P 0.E
003. R. SL 065 11.52
5. 0.5.5.
1514 R'63R
51.50'.
S14' Er51••
55. CO'
4.254.51'
R.1.645.44'
A.41 ••
C.012'20'
2S4. 10'
PROPOSED R. D. 5. S. H. 45
651. 12'
1 11 -4.3 E N2.'L .
C OF ACCESS
050+00
11r 15 17
PROPOSED R.O.O. O. 45
TOM E. NELSON, JR.,
TRUSTEE NO. I„
TRACT IV PARCEL I
CALLED O. 247 ACRE
1006 4103.401
R . P. R. T. C. T.
1461 /5OI -711
0.0. W. C. T.
1011 E. NELSON, dR. • T1051E5 NO. 1 1,
7RACT 1V PARCEL 2
1107E TABLE
P. D.6. 5MICEL 115
5.5. 132.174.3E
5 -I
927.03' 1Li, 41 1
IS' P.O.E. mu!:
CAL R. 1L15w5 17 - 21
51. 0, P.0. 1.11' 16'113"
2
S.b5_
33: '
111' P. D. E1
PER LA RR7111E56
01671055 1011(415L1T1
CAS 14511T 0. SLIDES 210 -255
50.6 RC. 5,
Al. 1 R.. SEI ES 11-02
1C C.P.
'
LOT X
CALLED 3. 051 ACRES
: F CAS 15E7 R. SL IDES 290-295 PLATE
51. C. P. R.
R s. 451
:11.31.11 ' 0'31.
' 8.23.00
r +.52.71' 11 1.39' 31' 5 3'
I e36.24'j' 41'3 C.= 1134' 14 L
•
N• 155' 213. 93'1 05 50 111. 52"
•'
L. . L _ ..
E
but
XISTINr £' , :::::' - '- :::::.:' ' oo's 1d0YLS & L WILL 1AALIS COUNTIES
cony .I ERy7 5.70 HI041 N0. 135
CONTROL OF ACCESS 171.11' �7 DECEMBER 19505
FOIW • I. R.
' Runi'ss• E 0.30' .
111.41'
7011E NELSON. JR.,
TRUSTEE 40. 11.
NEW I.NOER OF TRACT 111
RECORDERS MEMORANDUM
Nl or parts of the at on this page was not
clearly legible for satisfactory recordation.
P. CAL PARCEL 700
2.5, 132. 573.12
7.10. 141 652.06
� 55A, f 4H/. 13
0, 1 21' 1.
1403' 0I' Dr RI 0
NOr24'21'R
11.06'
4 Pow
D A .P R g7 C. 7 3
A='SI�"1lk�1
571 1
535.00
0.31. 43'
PT. 1
1.11.43'
0.25. OD'
1.10'21'41
6.050'21• ,
3E41'
NII' 5}
1X16' 0
114,03'1
CALL
LA F1041ERA1
CABINET'
•
1.900' err 51'
C.45 517' .1 • B
35.47'
75. E6' 11
rlll6rltN/I01.0 Y1P1 t t3;;OCy,
'0.6X1 1.71'1 �� - J
0000 y b ' I.R. 0'2'10' 0-22.62' " 10-- -- 71
II 6 4.10.00'1 0IS00' HDi!A1L 'r
II77P'R w ": f0•N11.47'iSEN•6!•6YM•.-
• - 7 1 46• 1 "E7. SS' 1 CsYl �2 7C'F'
"P6111ii ` i L il • Y
6}TLA671C 0AP
um) T� t� AO REC
1RL L� VLL
OFFICIAL PUBLIC RECORDS
11- 21 -200tT 03 :41 PM 2000077B23
ANDERSON $51.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
RETURN TO: theGiQ
HERITAGE TITLE
98 SAN JACINTO BLVD. STE. 400
AUSTIN, TEXAS 78701
GP/ a O/ 7a 9