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R-00-05-11-14C15 - 5/11/2000A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE COUNTY ROAD 116 WATERLINE PROJECT AND ASSOCIATED PUBLIC PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City and the public -at -large to build, install, construct and maintain a waterline along County Road 116 and to perform associated public purposes ( "Project "); and WHEREAS, in accordance with the above, the City Council, hereby finds that it is a necessity and in the public interest to acquire a permanent easement in approximately .268 acres of land, in Williamson County, Texas more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference ( "Property "); for the above stated public purposes; and WHEREAS, it is necessary to establish procedures for determining and approving just compensation for the Property to be acquired for this Project, Now Therefore E� \HFOOCS \ mourn \R0a511C.15 /cdc RESOLUTION NO. R- 00- 05- 11 -14C15 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS , Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to construct, install, and maintain a waterline along County Road 116 and to acquire a permanent easement in the above described lands, in order to allow the City to complete said Project. Section 2. The City Attorney or its designated agent, is hereby authorized on behalf of the City to attempt to contract, on behalf of the City, professional surveyors and appraisers, as needed, to perform professional services in connection with the County Road 116 Waterline Project and associated public purposes, to negotiate, settle and agree on damages and compensation to be paid to owners of the Property, and to make official, written, bona fide offers to the owners for the appraised value of said Property. If it is determined that an agreement as to the value of said Property, damages and /or compensation to be paid cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed, against the owners and interested parties of the Property, proceedings in eminent domain to acquire a permanent easement in the above described lands, in order to allow the City complete said Project, and to perform and undertake all other proceedings 2 necessary to complete the acquisition of the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property required to complete the County Road 116 Waterline Project and associated public purposes. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this resolution, as fully as if the same were set forth herein. Section 5. This Resolution shall become effective immediately from and after its approval. 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. 3 ATTEST: RESOLVED this the 11th day of May, 2000. -0 City Secretar 6.14RESTWE mAenN6z, Asst. 4 RO=ERT A. STLUKA, Mayor City of Round Rock, Texas Metes and Bounds Description Public Utility Easement 0.268 Acres (11,654 Sq. Ft.) Being an easement containing 0.268 acres (11,654 square feet) of land situated in J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 3.35 acre tract described in deed to Ronald Benderson etal recorded under Document No. 9725163 of the Official Records Williamson County, Texas (O.R.W.C.T.). Said 0.268 acre easement being more particularly described by metes and bounds as follows with all bearings referenced to Texas State Plane Coordinate System, Central Zone in terms of NAD83/93 datum, surface distances recited herein may be converted to grid by multiplying by the combined factor of 0 999870053: COMMENCING for reference at 1/2-inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald Benderson etal recorded under Document No. 9725164 of said O.R.W.C.T., also being the southwest corner of a called 200 acre tract described in deed to Margaret M Nash recorded in Volume 802, Page 355 of the Williamson County Deed Records also being a point in a northerly right -of -way line of Westinghouse Road (County Road 111); THENCE, South 71 ° 59'21" West, crossing said 92.15 acre tract and a portion of said Westinghouse Road right -of -way, a distance of 490.54 feet to the POINT OF BEGINNING of the herein described easement, being the southeast corner of said 3.35 acre tract and an interior corner of said 92.15 acre tract, THENCE, South 69 °44'49" West, continuing along the line common to said northerly right -of- way line and to the southerly line of said 3.35 acre tract, a distance of 199.57 feet to the southwest corner of said 3.35 acre tract and being an interior corner of said 92.15 acre tract; THENCE, North 18 °13'31" West, along the line common to the westerly line of said 3.35 acre tract and to an interior line of said 92.15 acre tract, a distance of 58.04 feet to the northwest corner of the herein described easement; THENCE, North 69 °44'49" East, crossing said 3.25 acre tract, a distance of 202.29 feet to the northeast corner of the herein described tract and being a point in the easterly line of said 3.25 acre tract; THENCE, South 15 ° 33'01" East, along the easterly line of said 3.35 acre tract, a distance of 58.20 feet to the POINT OF BEGINNING and containing a computed area of 11,654 square feet or 0.268 acres of land more or Tess A separate sketch of easement accompanies this metes and bounds description. Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 24 February, 2000 Page 1 of I PAR2.doc LEGEND: P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING • /2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE) O NDICATES EASEMENT CORNER NOT SET. 0 R.W.C.T. NDICATES OFFICIAL RECORDS WIWAMSON COUNTY, TEXAS W.C.D.R. NDICATES WIWAMSON COUNTY DEED RECORDS W.C.P R. NDICATES WIWAMSON COUNTY PLAT RECORDS P.U.E. NDICATES PUBUC UTIUTY EASEMENT. D 0. INDICATES DRAINAGE EASEMENT. E INDICATES PROPERTY UNE RONALD BENDERSON ■000. 006006SON DAVID H. BADAUF TRACT No. 4 92.15 ACRES 300 No. 9725164 0 R,W.C.T. �> r RONALD BENOERSON RANDALL 005009SON DAVID H. 696040E 3.35 ACRES DOC No. 9725163 0 R.W.C.T. N, fig A�9> �2p 0.268 ACRES ^, 9.014. 11,654 SQ. FT. gow 5 P.O.B. N / 4 W Ag 0.5 / 1'41\ NOTES: RONALD BENDER50N RANDALL BENDER50N DAVID H. BAIBAUF TRACT No. 4 92.15 ACRES 0OC No. 9725164 0 RW.C.T. 1. THIS SKETCH OF EMINENT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. 2. BEARINGS ARE N TER/AS OF STATE PLANE COORCINA E 5,5155, TEXAS CENTRAL ZONE N WRAC OF 60193/93 DATUM, EXPRESSED N U.S. SURVEY FEEL INSTANCE SHOWN HEREON WY BE CONVERTED TO 0810 BY MULRPLYINO BY THE COMBINED FACTOR OF 0.999870053. e SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST, SURE 480 AUSTIN. TEXAS 78736 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMU ovstlnOsvrveon.com SCALE 1 - 60' OATS 24 FEB. 2000 DRAWN B: NH CHECKED BF. DJA/NH JOB j: 417 -731 F.B. 1: N/A CAD ERE: 417731 \DWG \PAR2 DWG P.O.C. to MARGARET M. NASH 200 ACRES VOLUME 802, PACE 355 W.C.DA SKETCH OF PUBUC UTILITY EASEMENT 0.268 ACRES (11,654 SQ. FT.) J. S. PATTERSON SURVEY_,_ A -502 WILLLAMSON COUNTY, AS DATE: May 5, 2000 SUBJECT: City Council Meeting — May 11, 2000 ITEM: 14.C.15. Consider a resolution determining the public necessity for acquiring a permanent easement in 0.268 acres (11,654 square feet) of land situated in the J.S. Patterson Survey, A -502 of Williamson County, Texas, and being a portion of a called 3.35 acre tract described in deed to Ronald Benderson, et al, recorded under Document No. 9725163 of the Official Records Williamson County, Texas; for the purpose of constructing and maintaining a waterline along County Road 116 and authorizing the City Attorney to initiate eminent domain proceedings to acquire the needed property concerning the County Road 116 Waterline Easement Project. The City of Round Rock needs to acquire a permanent easement for the construction and maintenance of a waterline along County Road 116. The passage of this resolution is necessary in order to allow the City Attorney to begin negotiations with the landowner for payment of the fair market value of the property described above, and if said negotiations become futile, to initiate eminent domain proceedings to acquire the above described property for the permanent easement. Staff recommends approval. Staff Resource Person: Jim Nuse, Public Works Director. THE STATE OF TEXAS COUNTY OF WILLIAMSON 2001027705 14 Pes WATER LINE EASEMENT ' KNOW ALL MEN BY THESE PRESENTS: THAT Ronald Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October 14, 1985, known as the Benderson 85 -1 Trust and Buffalo - Westinghouse Associates, LLC, and their successors and assigns ( "Grantor "), for and in consideration of the sum of TEN and no /100th DOLLARS (510.00) and for other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation ( "Grantee "), receipt and sufficiency of which is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee, subject to the provisions and conditions hereinafter set forth, a non - exclusive easement and right -of -way (the "Easement ") to construct, install, backfill, operate, maintain, inspect, reconstruct, rebuild, repair, and remove two waterlines for a water distribution system, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and incorporated herein by reference for all purposes. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the Easement, rights and privileges herein granted shall be perpetual, provided however, that said Easement, rights, and privileges shall cease and revert to Grantor in the event both waterlines are abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor further grants to Grantee: (a) the reasonable right, at Grantee's sole cost and expense, to grade the Easement, if required, for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the Easement to no more than twenty (20) feet; (b) the right, at Grantee's sole cost and expense, to support, if necessary, the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) the reasonable right of ingress to and egress from the Easement over and across Grantor's property by means of roads and lanes thereon, if such exist, provided that (d) the right of ingress and egress from time to time, as required, and at Grantee's sole cost and expense, to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement and to trim and to cut down and clear away any trees on either side of the Easement which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable to Grantor for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be removed by Grantee at its sole cost and expense. The rights conferred to Grantee pursuant to this paragraph are conditioned upon Grantee securing all municipal permits, approvals and authorizations that are necessary to exercise any of said rights; Grantee shall (i) cooperate with Grantor to minimize the damage, inconvenience, interference and congestion on and to Grantor's roads and lanes and (ii) at its sole cost and expense, repair, replace and restore said roads and lanes to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor, said route or routes to be restored, at Grantee's sole cost and expense, to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the Easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the reasonable right of the Grantee, at its sole cost and expense, to disassemble, remove, take down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as is reasonably feasible, at its sole cost and expense, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, the foregoing right of ingress and egress applies during all periods of construction, installation, operation, maintenance, reconstruction, rebuildings, repairs, and removal as well as other purposes necessary for the proper use of this Easement; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement; the right to mark the location of the Easement by suitable markers set in or upon the ground; provided that such markers shall be placed on fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement. Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement; (b) Grantee shall promptly backfill any trench made by it on the Easement and repair any damage it shall do to Grantor's private roads or lanes on Grantor's property; (c) Grantee shall indemnify and hold Grantor harmless from and against any losses, liabilities, damages, costs and expenses which shall be caused by the exercise by Grantee, its employees, agents, contractors, subcontractors or assigns of any of the rights conferred to Grantee by this Easement; (d) Grantee shall, at its own cost and expense, install sleeves that will cross beneath the waterlines contemplated herein and enable Grantor to access the sleeves. The sleeves shall be constructed and located in the area and as depicted on (i) that certain Off Phase Sanitary Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit `B" and made a part hereof, (ii) that certain Offsite Utilities Gravity Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "C" and made apart hereof and (iii) that certain Utility Plan Phase I dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "D" and made a part hereof. Grantee shall mark the location of such sleeves and shall provide survey maps that identify the location of said sleeves and certify compliance with the specifications detailed on Exhibits `B ", "C" and "D "; (e) (f) Grantee shall, at its own cost and expense and pursuant to the specifications detailed on Exhibits "B ", "C" and "D ", encase the waterlines contemplated herein in concrete where said waterlines cross under the access drives now existing or to exist on Grantor's property; Grantee shall, at its sole cost and expense and after any construction or maintenance of the waterlines contemplated herein, restore the surface of the Easement as near as possible to the condition said surface was in prior to said construction and maintenance. Grantor also retains, reserves, and shall continue to enjoy the Easement for any and all purposes which do not interfere with and prevent the reasonable use by Grantee of the Easement, including the right to build, develop, maintain and use the Easement for drainage ditches and private streets, utilities, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and /or to dedicate all or any part of the Easement to any city or county for use as a public street, road or alley and /or to convey easement rights within all or any part of the Easement to any utility companies that serve Grantor's property; provided Grantor shall not erect or construct on the Easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the Easement. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above - described Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this ig4i1 day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE RONALD BENDERSON, RANDALL BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS TIIE BENDERSON 85 -1 TRUST By LiN"" 4 diLJ BUFFALO - WESTINGHOUSE ASSOCIATES, LLC By: ® David H. Baldauf, Trustee This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, TRUSTEE for BENDERSON 85 - TRUST. 0 . Brown McCarroll Sheets & Crossfield, LLP 309 East Main, Round Rock, Texas 78664 David H. Baldauf, Manager kb StateI Notary Pul li c, State of Nei York STATE NANCY MARIE SCALZI TATE OF NEW YORK NOTARY PUBLIC STATE OF NEW YORK Reg No 01SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 2002 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. Notary Pu c, State of New rk After recording please return to: NANCY MARIE SCALZI ' PUBLIC STATE DP N'WN YORK Rea t!e C•1SCEOCo469 QUALIFIED 10 ERIE COUNTY S•C_. c,o M1ra,, 2 1X2 EXHIBIT "A" Meta and Bounds Description 25 -Foot Waterline Easement 0.116 A acs (5,043 Sq. F2) Being an oaome d containing 0.116 mere+ (5,043 square feet) of land situated in 1, S. Patterson Survey, A -502 of Williamson County, Terms nod Icing a portion of a called 335 acre tract described in decd to Ronald Benders= dal recorded under Document No. 9725163 of the °ff7c1oI Accords Williamson County, Tau (0.R.W.C.T.). Snid 0.116 acre Waterline easement being mom particvlar(y described by meta and bounds lbws f NAD8 3 s refcreaced to surface the Tex03 Stare Plan Coordinate System, at combined factor surface "distances recited beds may be converted to grid by multiplying by the 0.999370053: CO1vIMENC1NG for reference ar 15 -inch iron rod found maddng the southeast coma of a called 92.I5 acre tract described in decd to Ronald Benda d n.1 meet under Document No. 9725164 of said O.B.W.C.T_, also being the southwest comer of a called 200 acre tract described in decd to Idasgtact M Nash recorded in Volume 802, Page 355 of the Williamson County Decd Records also being a point in n northerly riglrt .of -way line of Westinghouse Road (County Road 111); THENCE, South 71 °59'21" West, crowing said 92.15 acre tract and a portion of said Westinghouse Ro sight- way, a distance of 490.54 fact to the southeast comer of said 3,35 acre tact; THENCE, North 15 '33'01 West, along the easterly line of said 335 amt tract, a distance of 33.11 foot to the POINT OF BEGINNING of the herein described eescenerrn THENCE, South 69'44 West, across said 335 acre tract, a distance 01 201.12 foot to a point in to westerly lire of said 3.35 acrc'tmct and being an interior lion of said 92.15 acv tract; THENCE, North 1893'31" West, along the line common to tbo westerly line of said 3.35 ame tract and tom interior line of sold 92.15 acre tract, a distance of 25.02 feet to the northwest comer of the hauin described eascn tat 'THENCE, North 6944'49" East, crossing said 335 acre tract, a distance of 202.29 fret to the northeast comer of the hacin described easement and bang a point in the easterly lint of said 335 ere tract: THENCE, South 15°33'01" East, along the easterly line of said 3.35 mac Cart, a distance of 25.08 far to the 7.'O1NT OF BEGINNING and coobini a computed arca of 5,043 square fed or 0.116 =es of lend more or less A separate sketch of easement eccompesies this ratios and bounds description. Prepared By. SURVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Tons 78735 Jab No. 417 -731 24 February, 2000 tAls- Pagel of PAR2doc 04/16/2001 MON 16:22 PAX BROWN McCARROLL SHEETS & Metes nod Bounds Description Waterline Ei cment No.1 0.139 Acres (6,053 Sq. Ft.) Being as easement cement' hog 0.139 &ores (6,053 square feet) of had situated in Ibe J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 92.15 tract described as Tract No. 4 to Remold Bcederson in deed recorded No. 9725164 of the Official Records Williamson under aida�art N e ea eoi t beln mote County, Tens ( ds follows Said all ben were refoancal to Texas State Plane Coordinate by metes and bounds t follows wider all bating, • 31.1713105 distances recited herein may be convened Central Tone 1 tams ofNAD83/93 datum, of 0.999870053: y °Y°'fOd to gad by multiplying by the oombiecd factor COMMENCING for reference at V-inch iron rod found marling the southeast comet of said 92.15 acre tract also being the southwest comer of a alled 200 acre tract deSaibed In decd tq Minaret M. Nash monied in Volume $02, Page 355 of rho Williamson County Dced Records also bd n og a point in a northerly right-of -way line of Westin Road (County Road 111); THENCE , South 74 °14' 19" West, crossing said 92.15 acre tract, a distance of 245.09 feet to a point southerly line of said 92.15 sae tract • THENCE, North 20 ° 12 . 12" West, a distance 0(33.00 fat to 11rc POINT OF BEGINNING of the herein dumbed easement; THENCE, South 69 °44 Wen, crossing said 92.15 sae tact, a distance of 243.15 feet to a point in the easterly property line of a called 335 acre tact conveyed to Ronald Bendmaoa by deed recorded under Doerncnt No. 9725163 of said O.R.W.C.T.: THENCE, North 1593'01" Weal, along the line common to rho easterly Tsar of said 335 sae tract and to an interior line of said 92.15 ante tract, a distance of 25.01 feat to the northwest corner of the herein described casement; THENCE, crossing said 92.15 sere tact the following two (2) cotasn: 1. North 6 44 Eastast, a distance of 241.11 fat to the northeast comer of the herein 9 easement 2. South 20'12'12" East, a distance of 25.00 fort to the POINT OF BEGINNING and co°tein ng a comptded area of6,053 square feet or 0.139 acres of land more or less. A sepnelo sketch of easement accompanies this metes sad bounds description_ Prepared By SURVCON INC. }� 5316 Hwy. 290 West, Suite 480t' Austin, Texas 78735 Job No. 417 -731 APRIL, 2000 'J Page 1 oft FARJAe, Q1010/018 0018/208'.HON 18:23 FAX BROWN HcCARROLL SHEENS & Metes and Bounds Description 25 -Foot Waterline Easement 0.650 Acres (28,299 Sq. Ft.) Being an easement containing 0.650 acres (28,299 square fed) of land situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Benderson in deed recorded under Document No. 9725164 of the Official Records Williamson County, Texas ( O.R.W.C.T_). Said 0.650 acre easement being more particularly described by metes and bounds as follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zone in terrns of NAD83/93 datum, surface distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Y2 iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald Benderson et al recorded under Document No... 9725164 of said O.R.W.C.T., also being the southwest comer of a called 200 acre tract described in deed to Margaret M_ Nash recorded in Volume 802, Page 355 of the Williamson County Deed . Records also being a point in a northerly right - of-way line of Westinghouse Road (County Road 111); . THENCE, South 71 °20'27" West, crossing said 92.15 acre • tract and a portion of said Westinghouse Road right -of -way, a distance of 690.01 feet to the southwest corer of a called 3.35 acre tract described in deed to Ronald Benderson et al recorded under Document No. 9725163 of said O.R.W.C.T., being an interior corner of said 92.15 acre tract; . THENCE, North 18 °13'31" West, along the lint common to the westerly line of said 3.35 acre tract and an interior line of said 92.15 acre tract, a distance of 33.02 feet to the POINT OF BEGINNING of the herein described easement; THENCE, crossing said 92.15 acre tract the following three (3) courses: 1. South 69 °44'49" West, a distance of 874.18 feet to an angle point; 2. South 64 ° 59'55" West, a distance of 165.58 feet to an angle point; 3. South 72 °48'06" West, a distance of 91.73 feet to a point in a westerly line of said 92.15 acre tract and being in an easterly line of a called 1337 acre tract described in deed to Felter Investments, Ltd. recorded under Document No. 9640148 of said O.R.W.C.T.; THENCE, North 20°20'47" West, along the line common to the easterly line of said 13.37 acre tract and to a westerly line of said 92.15 acre tract, a distance of 25.04 feet to the northwest corner of the herein described easement; Pogo 1 oft PARJA.doc Q018/018 04/16/2001 MOt! 16:23 FAX BROWN McCARROLL SHEETS & THENCE, crossing said 92.15 acre tract the following three (3) courses: 1. North 72 °48'06" East, a distance of 91.40 fed to an angle point; 2. North 64 °59'55" East, n distance of 16491 feet to an angle point 3. North 69°44'49" East, a distance of 876.10 feet to the northeast corner of the herein described easement and being a point in the westerly line of said 3.35 acre tract; THENCE, South 18 °13'31" East, along the westerly line of said 335 acre tract, a distance of 25.02 feet to the POINT OF BEGINNING and containing a computed area of 28,299 square feet or 0.650 acres of land more or less. A separate sketch of easement accompanies this metes and bounds description_ Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 June, 2000 Page 2 oft PARIA.doc U1015/016 roots 7tt RONALD RENDERSOH ET. A- CAUUD 92.15 ACRES TRACT N0, 4 DOCUMENT N0. 0725164 O.RW,C.T. 25' WATERLINE EASEyENT Fk2 .0.650 ACRES (25299 S0. FT.) U9'5 ' C 964,91' N 69'44'49• f 67410' ACCESS AN0 CONSTRUCTION EASEMENT No2 0.570 ACRES 07,897 Sp, FT,I CHARLES J. JOHNSON CALLED 60,0 ACRES TRACE N0. 1 VOL 646, PO. 817 9.C.DR. • Gl 4 A009AN04D K SUM AS 406 MO W 4N 0L D5 oaclp?fp 9405 IX 70 or STATE nut 00o•013■1t 11'11[4, 1049 COO7l1L HNC /01 00/1.00 DoWSSTD H VA P. RTT. 6s10. L 99014 471714 I K COM 0100 TO IMO Of 4147913100 Of NC 00494[0 006104 6 od•M70050. 901140 6ENDERSON E7. AL t`AL= 92.15 ACRES TRACE N0. 4 DOCUMENT NO. 9725164 O.R.W.C.T. N 6 9'44'59' C. 241.11' CHARLES J. JOHNSON CALLED 60.0 ACRES 4507 NO. 1 VOL. 646. PC. 617 04.C,0,R 6(2(2 LEGEND. P.0.6. 6607 OF 65041440 6.0.. P(N7 OF COMMON • I/O NCH Rat ROD mt., (446090 NOTED 07071950) O.Rw.6T. EASE404T COMM NOT 5Ef. ND4 04.7,0n HINCA765 M9.4)4LYSf COJNI7 WAAfs04 935 755.55 H000AT6 PROPERTT 496E OLEO RLCOit05 • CONSTAVC *1 EASEMENT • RECORDERS MEMORANDUM All or putt of the text on this page W2S 001 druly legib It for Suidutory record5tioc, 0.150 1 EASE MENT 06.5 S ND) (8.06! 50. FT.) • PlTE74JNE EASEMENT �.F 71419'^ 4s } � T�01 0T[00 0¢6 N O• .5 3 S 74079 � ' ACC 1 1U 6 ( 5 p PREY ear 50. FT. i Ha l 25' TATERU (�6 No ACCESS 0,650 ACRES 2 6.2 99 5.51 0. AND ACRES 7 E 7, 69 9 GSM SGSM M Net 0.670 AC RES 7,7 SO. R. J 99LUIMSON CoU7m 100.40 SURVCON INC. PRa0ES5XUA4 Su9VLTORs 5118 170, 2•0 MST, 6.77 449 MOTORS ( �� r o (917) 500 -0100 0004 w.+wwl0nea, 7.n SC40 I' - 100' 04T0 4119. 7000 C11704D VP ON CALL 2 0 0 ACRES VOL, 602. PC.' 755 • J06 r• 417_731 rd. 7: WA • P.O.C. FJAowo 0 40 OF D000LAS U. ANEH:1tSQN r * 3129 PMaPt11s �1,C) WAX: 1 50' DAR 4o(. 3000 p 00DOCS00II X5014.1! 75 CS " 'DOG 1" N 99 5 15'33001 E yT ACCESS & CONSTRUCTiou EASEUEHT 5 1V51.21n • i 14MOY1CT t< NASw 1 171 ACRES PAGE w x.C.OA. ten- 25' IYATERUNE ° EASE4/EN1 ACCESS AND AND 5.0J2 SO, FT. 0,152 ACAS (6,5 SO. FT, J. S. PATTERSON StURVEY A -502 N1 COUY thus 5 I PROFTSSION& SUR4EYORS 0,111 MT. MD MST, SURD 410 • TELLOKONE (2l U e2,, rAR 111.1000 • • a.l•-1., 4 LEGEND: P.0.0. PORT OF SEGA111H0 P.0.C. PONT OF CL7NWCUlO • 1/2 UIGI W01i ROD FOUND (UHItSS NOTED 01HUI61SE) O INOICATES EAST3f HT CORKER RN SET. 21,1y.0.T. INDICATES 0fl1OAL Rt0OR05 MUTAA•SDN OOUHTT, 7L%AS WC.OR INDICATES %IWAS4SCei COUNTY W.C.P.R. INGOATCS 1wWAlesON COUNTY PLAT RECOR P.UL. 1401CA1ES PUEUC UTILITY EASWp(F, 0.(. INDICATE$ DRNNAOC EASEUENT. UOAGT(S PROPERTY LUTE n Oq- .0 V12W4 ,MGT HS. 4' 25.111 MRCS 000 Na 0722444 0.7LwG3, N t213'31" W 20.02' N 1013'31" w 33.02' S 1573'01" E �25.OD' ROWL COMMON IWOO PAWL. OCMUU$l WO M. 11.410N.Y MAR Hs t2.16 AG= DOT Ns 1 DAW,C.T, P.O.B, 23E AfT� . M I. FM Sw6T01 Of LAILIIXI 6 AO034PM■70 IS A MAUI YETIS AeI0 -... 3 le0414C6 AA( 1 rouse" SYNC PIAK LOOM, Kale W � O COh 341 GPM DORCSS(7 M 2W IWI ITV. Mira DOG wRLry M1,l0VMIC 0r 01C Nylm rAClell OF 11147Gr LCORIDERS MEMORANDUM or parts of the text on this page was not )oa ly legible for satisfactory reco -d^"- 04(0420 • eT 2740 P.O.C. GO /1L: 1 17751 %01,0V 2.0,4 :: •. - - -ate `te `1324:6; C TDI 110•4117.0 1117.1 SANITARY SEWER MAN sco&s race NFL Waal 1.11f.1501 TO BF 0.11.11111 (MD Ft omen MICR TO oam.rrla EXHIBIT "8M art of IIOUta eau WATER TRANSAGISSION RAINS CRY Of fioRXETOSSal TEXAS WINDMILL HILL. OFF PHASE SANITARY SEWER PLAN & PROFILE naTLE „ Emma ,. 1 ,,...., . • ', Ea ..„..;,.: ` i:`��:` I ; net ma. Iet 1y r.Ye.6¢ I i a '* ,`. M(Y d.l$ te i�ta�at.uuFi'• -. '�' `. a • ... .<._ a a a . sraa 7` a_c.e_■ •, • weft etxoe _ C. wEinvciou&E ionoycaGw,ral r � ' , M l , , Jam Do '_. sRn no am 1 nTrZil WGi 4F1 000 I TAII 111 = `� ■■ : •',, 1111111 A PR ' xDU rDr<. ■ a P / ... MDD • !•AD EA YID eN SroG t-00 100 • MW fro e•W aaaxt SANITARY SEWER PROFILE N it :: •. - - -ate `te `1324:6; C TDI 110•4117.0 1117.1 SANITARY SEWER MAN sco&s race NFL Waal 1.11f.1501 TO BF 0.11.11111 (MD Ft omen MICR TO oam.rrla EXHIBIT "8M art of IIOUta eau WATER TRANSAGISSION RAINS CRY Of fioRXETOSSal TEXAS WINDMILL HILL. OFF PHASE SANITARY SEWER PLAN & PROFILE naTLE ene NS •00 ELM ews 1 nASae16( eew rs uee 3.e 5C111.732 MOW rMe • CEULtlLT C CRY Of GEORGETOWN TENS WINDMILL HILL OFFSITE UTILITIES GRAVITY SEWER PLAN & PROFILE I TS 0.1.1 .1Taffla .1111 IDAS SUR 40 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly lerihle far anal tf rtn.L rarnnindnn WESTINGHOUSE ROAD fP.a.L oral As loaroXo ttatia taus slot La. wfass* cc N� T EXHIBIT 'D' atma.s ula Wm.&MOM IMO R rlmtoC MA/ u ®T m l COMM Me il SWUM IV. rPEI wmrt Or Y La tatr ADM zu¢rtar mw= Si nt aatat■ (uart IOW%uonsaaw or a LaMar Mama= IT¢Fr UMW 11 £T LLfa fa 0317 if furWm MM. latIMOS Dattlitialso ICBMS to AMMO at DE 12110F COMM Mat W T[ SW 6 a61WC(aL fS n6fulA1ID110EULi 101480(lai arftroa6 Sam to Ku YE a¢u¢raatotaS ➢Mr E LW OW.(a tee L urr501.111. for natS ti Wan p 1treat M 98011 Marotta Stmt � MP MN FtmF i nom van tm an • rs•wanc tram COIL IXATIM TO E MOW. Panel • imatom mTh an, OF GEORGETOWN WINDMILL HILL UIRJTY PLAN PHASE 1 TEM • aat. sat./97 —�r . tan. CS • TEMPORARY ACCESS and CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF WILLIAMSON THAT Ronald Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October 14, 1985, known as the Benderson 85 -1 Trust and Buffalo - Westinghouse Associates, LLC, and their successors and assigns ( "Grantor "), for and in consideration of the sum of TEN and no /100th DOLLARS ($10.00) and for other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation ( "Grantee "), receipt and sufficiency of which is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee, subject to the provisions and conditions hereinafter set forth, a TEMPORARY access and construction easement and right -of -way ( "Temporary Easement ") to access, construct, install, operate, and maintain two waterlines for a water distribution system, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto. 2001027706 20 PSS ' KNOW ALL MEN BY THESE PRESENTS THEREFORE, it is the intention and desire of Grantor, that Grantee shall have access to and the right to use the surface of the Temporary Easement described above as may be reasonably necessary for Grantee to exercise certain rights conferred to Grantee by Grantor pursuant to that certain Waterline Easement attached hereto as Exhibit `B ". This Temporary Access and Construction Easement shall terminate when the construction and installation of the waterlines contemplated in the aforementioned Waterline Easement are completed. Upon completion of construction and installation of the waterlines, Grantee, at its sole cost and expense, shall replace and restore the entire surface of the Temporary Easement to the condition it was in before commencement of said installation and construction. Grantee shall indemnify and hold Grantor harmless from and against any losses, liabilities, damages, costs and expenses which shall be caused by the exercise by Grantee, its employees, agents, contractors, subcontractors or assigns of any of the rights conferred to Grantee by this Temporary Easement. Grantor also retains, reserves, and shall continue to enjoy the Temporary Easement for any and all purposes which do not interfere with and prevent the reasonable use by Grantee of the Temporary Easement, including the right to build, develop, maintain and use the Temporary Easement for drainage ditches and private streets, utilities, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the Temporary Easement to any city or county for use as a public street, road or alley and/or to convey easement rights within all or any part of the Temporary Easement to any utility companies that serve Grantor's property. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 10 day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE After recording please return to (? .). ) Brown McCarroll Sheets & Crossfield, LLP 309 East Main, Round Rock, Texas 78664 '.5 a y� RONALD BENDERSON, RANDALL BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85 -1 TRUST By: Li 4 zal David H. Baldauf, Trustee BUFFALO - WESTINGHOUSE ASSOCIATES, LLC David H. Baldauf, Manager This instrument was acknowledged before me on this the 18th day of Apnl, 2001, by DAVID H. BALDAUF, TRUSTEE for BENDERSON 85 -1 TRUST. i ,tii X10 AU . Notary Pubffic, State of New ork NANCY MARIE SCALZI STATE OF NEW YORK NOTARY PUBLIC STATE OF NEW YORK Reg No 01 SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 2cYT 2 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID N. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. I i 6 Li Notary Pub ,State of New ti NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Aro No OISC6J064E9 QUALIFIED IN ERIE COUNTY My Commission E <ores May s, 2.60 EXHIBIT "A" Metes and Bounds Description Access and Construction Easement No. 2 0.870 Acres (37,897 Sq. Ft.) Being an easement containing 0.870• acres (37,897 square feet) of Iand situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No_ 4 to Ronald Henderson in deed recorded under Document No. 9725164 of the Official Records Williamson County, Texas ( O.R.W.C.T.). Said 0.870 acre easement being more particularly described by metes and bounds as follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zone in terms of NAD83/93 datum, surface distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Yr -inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald Henderson et al recorded under Document No. 9725164 of said O.R.W.C.T., also being the southwest corner of a called 200 acre tract described in deed to Margaret M. Nash recorded in Volume 802, Pngc 355 of the Williamson County Deed Records also being a point in a northerly right -of -way line of Westinghouse Road (County Road 111); THENCE, South 71°20'27" West, crossing said 92.15 acre tract and a portion of said Westinghouse Road right -of -way, n distance of 690.01 feet to the POINT OF BEGINNING of the herein described easement, being the southwest comer of a called 3.35 acre tract described in deed to Ronald Henderson et al recorded under Document No. 9725163 of said O.R.W.C.T., being an interior comer of said 92.15 acre tract; THENCE, along the line common to said northerly right -of -way line and to the southerly lines of said 92.15 acre tract the following two (2) courses: 1. South 69 ° 44'49" West, a distance of 871.65 feet to an angle point;, 2. South 64 °59'55" West, a distance of 258.80 feet to the southwest corner of said 92.15 acre tract and being the southeast comer of a called 13.37 acre tract described in deed to Fetter Investments, Ltd. recorded under Document No. 9640148 of said O.R.W.C.T.; THENCE, North 20°20'47" West, along the line common to the easterly line of said 13.37 acre tract and to a westerly line of said 92.15 acre pact, a distance of 45.61 feet to the northwest corner of the herein described easement; THENCE, crossing said 92.15 acre tract the following three (3) courses: 1. North 72 °48'06" East, a distance of 91.73 feet to' an angle point; Page 1 of 2 PARIA.doc 04%18/2001 HON 16:23 FA$ BROWN McCARROLL SHEETS & 2. North 64 ° 59'55" East, a distaocc of 165.58 feet to an angle point; 3. North 6944'49" East, a distance of 874.18 feet to the northeast corner of the herein described easement and being a point in the westerly line of said 335 acre tract; THENCE, South 18 °13'3I" East, along the westerly line of said 3.35 acre tract, a distance of 33.02 fret to the POINT OF BEGINNING and containing a computed arca of 37,897 square feet or 0.870 acres of land more or less. A separate sketch of easement accompanies this metes and bounds description. Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -73I 24 February, 2000 Page 2 oil PARIA.doc tj013/018 04/16/2001 MON 16:22 FAX BROWN McCARROLL SHEETS & Being an easement containing 0.185 Acres (8,068 Sq. Ft) of laud situated in the J S. Patterson Survey, A-502 of Wifiamsoa Coimty, TT:as and desrnibod u Tract No.4 to Ronald Bend being a portion of a mm 92.15 7251 tract the Official Records Williamson County, Te x in deed «sar 0.185 od µSaid Mumma No. 972.5!69 of . more particularly d�aihnd by mete bounds as follow, with Said bossr g ao eucme o t he wsh ( AI redem o, to the • Texas State Plano Ccordiaate S sem yam' Central ?o in t ams of NAI)83/93 demo, surface distances recited bt 0.999870053: �� m multiPnB combimd 1441°' of commeNcerc for refeemm et 14 -iorh iron red found wanking the southeast 92,15 acre tract also being the southwest comer f a called 200 a pact caner of said a cre Margaret M Nash recorded in Volume 802, Page 355 of the Wiliamwn described d Records In deed to also being a point in a northerly right-of-wary line of Wexti cglw0,ve Road (Coney R i) THENCE, South 7414'19" Wcsf, crossing mid 92.15 acre tract, a ditance of245.09 fret to the POINT OF BEGINNING of tbo herein desrn'bed easement and being a point in a northerly rightof -wry line of Weseinebotue Road THENCE, South 69°44'49" West, along the line common to said northerly rigtof- -way Tine and to the Southerly line of said 92.15 acre tract, a distance of 245.83 feet to the southeast of a called 3.35 5 a tract conveyed to Ronald Bendason deed trader Document No. 9725163 of said OR m8 vanes of said 92-15 scrW.C.T. and be' an interior as taneat No. r tmer THENCE, North 1573'01" West, along the lint common to the easterly lice of said 3.35 acre tract and to an interior lice of said 92.15 nem tract, a distance of 33.11 foot to the northwest comer oftho herein described easement; • THENCE, crossing said 92.15 acre tract the following two (2) courses: 1. North 69°44'49" Bast, a distance of 243.15 feet to rho northeast comer of the herein damn - bed easement; 2. South 2012'12" East, a distance of 33.00 fat to the POINT 01? BEGINNING and containing a computed area of 8.068 square feet or 0.185 ands of land mom or less. A sepnrato sketch of cosmos! accompanies this meta and booads description. l Prepared By: SUJRVCON INC 5316 Hwy. 290 Wesr, State 480 Austin, Texas 78735 Job No. 417 -131 June, 2000 Meth and Bounds Description Auras And CoastruCyoo Easement No.1 0.185 Ana (8,068 Sq. Ft.) '�' �z o Pug. 1 ell PAR/ doe ® 012 04/16/200f MON 16:22 FAX, BROWN McCARROLL SHEETS & Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suitt 480 Austin, Tams 78735 Job No. 417 -731 MAY, 2000 Meter and Bounds Description Access and Construction Baseman 0.152 Acres (6,611 Sq. Ft) Being an easement containing 0.152 acres (6,611 squats feet) of land situated In J. $. Patterson Survey, A -502 of Williamson Cmmey, Teaas sod being a portion of a called 3.35 acre host described in deed to Ronald Bendarson et al recorded undo' Document No. 9725163 of-lbo Official Records Williamson County, Toms (O.RW.C.T.). Said 0.152 acre easement being more particularly described by metes and bounds as follows with all Texas Sate Plane Coordinate >AD� referenced m ac distances recited herein �� Center Zone In !oats of NAD83/93 datum, snakier 0999870053: h0 converted to grid by multiplying by the combined truster of COMMENCING for reference at N -iocb iron rod found marking tba southeast cones ofa called 92.15 arm truce described in dad to Ronald Henderson et d ncwded under Dounoeat No. 9725164 of said OA W.C.T also being the southwest comer of • called 200 acre tract described in deed to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson Co D 1111 RecordS abo being a point in a northerly right-of-way line of Westinghouse Road (County Road THENCE, South 71 ° 59'21" Want, crossing said 92.15 sac tract and a portion of said W eStiagh 0 a.. 3 Road right-of-ray, a dcthtom 01 490.54 feet to the POINT OF BRCINNING of the heroin described eastmeot, being the southeast cortex of Maid 335 acre tram and an interior comet of said 92.15 acre pac THENCE, South 69'44'49" West. adistance of 199.57 feet along the lino common to said 135 a tract and to said Westing oeso Road right-of-way live, to the muttered unmet of said 335 sae tract and being an interior point of said 92.15 acre tract TIi0NC)3, leaving the rightof -way lint of said a Road and following the westerly property lino of said 335 acre tract, North 18 West, a distance of 33.02 feet to the northwest corner of the heroin demebed casement; THENCE, across said 3.35 acre tract North 69'44•49" East, a distance of 201.12 feet to a point on the easterly lino of said 335 sae tract; THENCE, following the oamdy property line of said 3.35 acre tract,•Somh 15 East, ■ dtstaam of 33.11 fat to the pOINT OP BEGINNING and containing a computed area of 6 ,611 square fed or 0.152 arses of land mote or less. A separate sketch of easement imompanies this metes and bounds description. Z 011/018 j✓ 11142100t RO •(C R 64390 0.070 ACRES 07A97 S0. FTe� RONALD BEHDERSON ET. AL CALLED 92.15 ACRES TRACT N0, 4 DOQJM0 T NO. 9725164 O.RW,GT. 25' WATERLINE EASCIEN7 Noe . 0.550 ACRES (213.299 S0. FT.) 164.9f ACCESS AND CONSTRt?CTKIN EASEMENT Not CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT N0. 1 VOL 848, PC. 017 1r.C.0.R. N 69 E 67410' 3 T0 .Va 6 ACO51/act0 17 SPM47T N013 ARO B0140i DaCrorn0 . RNCS• IR Man ar 01145 PORE 000R5R1R 07104, 70104 CONTROL 00444 ! K 00 . 00 70 wi Yam w vs PAM fu7. Woe= 910441 R 7904 14415447110 BY 1Nr 40051401 0e104 co 0./{477•053. •H CHARLES J. JOHNSON CALM 80.0 ACRES TRACT N0, 1 VOL 646. PO, 817 H,C.O,R 1E00401 P.041. PCOIT Or 855•4440 P.O.C. PRET OF C0 40000810 • 1/7 8401 81011 RCO 1WN0 (MUSS 1r0410 0TN011MSE) O N�� 13590 17 COrort5 Hoy SET. R.H 0CAltO 017)0AAS RECORDS INWAM75 g1JHT7, TEXAS INDICATES RBLANSOH [074177 DECO REC005 E 1401CATES PROPERTY LINE • 8014510 800009900 ET. A4. CALLE0 92.15 ACRES TRACE H0. 4. DOCUMENT N0. 9725161 O.R.W.GT. 241,11' CENSTRUCVN EASEMENT 01 /CRE .0 �T (6.053 50. FT.) • RECORDERS MEMORANDUM All or parrs of the tat on this page wu oar daily kgible for satisfAetory :match Lion. SWE: I' . 100' 0410 , AMT. 7000 0PAR44 87 R CRFaab BY. ma GALLED p NASH VOL. 602, PC. W.GO.R. P.O.B. WATER EASEMENT S 719 87 �TCp SK H ET T CHH ,,�S O4' N 3 9 (6,007 S0 1T ACCESS A6H00 (6 ()Hymn. 1, 0 T Hut 650A 5 S316 M. 230 laSy. MR 460 11 ESN) Ssil-0112. (112) two-5m Accrss AND 00N UCTION USDA HT 1447 0070 ACRES 37,017 SO. FT. SURVCON INC, • JCR (: 417.731 1 J, t. I1/ • 1-A.64141 0 0 M1N 0 aoN .r a+IDAy9 0 02.77 Na. 4' to • DOC 0 . 9 ACRES 725104 O.R.WL,1. N 1673'31" w 25.02' 25' W 0 EASEMENT ACCESS 0.116 t.v.t 1C ON EASEMENT .1. S.. PATTERS �f6SUR SO. A -502 YALLtAL(SON COUNTY TE M SR I c• 1• PROF25901UL SURhYDRS ul9 1927, :to min son 910 • 7002 7101 ittrP7CNt (7122 4 ru (SIT) 619 -9180 •77.tHwwe e".. LEGEND: P.08. PONT Oi DERANINC PAS PONT Or CR/MSN6N0 I/O 0 INMATES INCH NON ROO 717JN0 (UNLESS N0700 0111E71N1SE) 0.7.W67. MIRCA3ES O RE VIL71NoSo11 COUNTY. TEXAS VICAR 010I047E4 7ALLIA0604 COIR1TY 0® RECORDS WC.0.74. IN000.3E4 0U6A1160N 060710 71A1 RECRI(37 PALE NOICAoE4 P107UC LOLITY EA9020R, D.E INRCA7E1 DRAW; EA5E05797'. 0 0)CATI23 PROPERTY LWE N 1013'3)" W 33.02' RAkIva. brAiNatsoN AM ROUND 11000102N (LIMO 11 IML7 la 10 a 11722114 0.0.17.2.7. 25 S P.0.8, 25' S' 1513'01" E 25.08' ftt 70706 4. nos magi 07 t420017 10 40L4W4430 07 A SVAAUO MC=R A10 . 1 ICONS At N LEAs of RA7t RANI (90900074 sN2194. TM:.CDOTK 2010 N fuss or N WIN. 1245070 M V.S. ARMY 77A1. 0670[( Dorm N190W 1/47 K Cd4524570 TO CNC 17 11 41M0 . NC 01 700 0100000 moon Or 0117170022. RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation P. C. 240 /9L *4661100 Bq lY4 417711 \010\00120TC THE STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT "B" WATER LINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Ronald Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October 14, 1985, known as the Benderson 85 -1 Trust and Buffalo - Westinghouse Associates, LLC, and their successors and assigns ( "Grantor "), for and in consideration of the sum of TEN and no /100th DOLLARS ($10.00) and for other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation ( "Grantee "), receipt and sufficiency of which is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee, subject to the provisions and conditions hereinafter set forth, a non - exclusive easement and right -of -way (the "Easement ") to construct, install, backfill, operate, maintain, inspect, reconstruct, rebuild, repair, and remove two waterlines for a water distribution system, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and incorporated herein by reference for all purposes. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the Easement, rights and privileges herein granted shall be perpetual, provided however, that said Easement, rights, and privileges shall cease and revert to Grantor in the event both waterlines are abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor further grants to Grantee: (a) the reasonable right, at Grantee's sole cost and expense, to grade the Easement, if required, for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the Easement to no more than twenty (20) feet; (b) the right, at Grantee's sole cost and expense, to support, if necessary, the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) the reasonable right of ingress to and egress from the Easement over and across Grantor's property by means of roads and lanes thereon, if such exist, provided that (d) the right of ingress and egress from time to time, as required, and at Grantee's sole cost and expense, to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement and to trim and to cut down and clear away any trees on either side of the Easement which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable to Grantor for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be removed by Grantee at its sole cost and expense. The rights conferred to Grantee pursuant to this paragraph are conditioned upon Grantee securing all municipal permits, approvals and authorizations that are necessary to exercise any of said rights; (e) Grantee shall (i) cooperate with Grantor to minimize the damage, inconvenience, interference and congestion on and to Grantor's roads and lanes and (ii) at its sole cost and expense, repair, replace and restore said roads and lanes to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor, said route or routes to be restored, at Grantee's sole cost and expense, to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the Easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the reasonable right of the Grantee, at its sole cost and expense, to disassemble, remove, take down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as is reasonably feasible, at its sole cost and expense, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, the foregoing right of ingress and egress applies during all periods of construction, installation, operation, maintenance, reconstruction, rebuildings, repairs, and removal as well as other purposes necessary for the proper use of this Easement; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement; (f) the right to mark the location of the Easement by suitable markers set in or upon the ground; provided that such markers shall be placed on fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement. Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement; (b) Grantee shall promptly backfill any trench made by it on the Easement and repair any damage it shall do to Grantor's private roads or lanes on Grantor's property; (c) • Grantee shall indemnify and hold Grantor harmless from and against any losses, liabilities, damages, costs and expenses which shall be caused by the exercise by Grantee, its employees, agents, contractors, subcontractors or assigns of any of the rights conferred to Grantee by this Easement; (d) Grantee shall, at its own cost and expense, install sleeves that will cross beneath the waterlines contemplated herein and enable Grantor to access the sleeves. The sleeves shall be constructed and located in the area and as depicted on (i) that certain Off Phase Sanitary Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "B" and made a part hereof, (ii) that certain Offsite Utilities Gravity Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "C" and made a part hereof and (iii) that certain Utility Plan Phase I dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "D" and made a part hereof. Grantee shall mark the location of such sleeves and shall provide survey maps that identify the location of said sleeves and certify compliance with the specifications detailed on Exhibits "B ", "C" and "D"; (e) Grantee shall, at its own cost and expense and pursuant to the specifications detailed on Exhibits `B ", "C" and "D ", encase the waterlines contemplated herein in concrete where said waterlines cross under the access drives now existing or to exist on Grantor's property; (1) Grantee shall, at its sole cost and expense and after any construction or maintenance of the waterlines contemplated herein, restore the surface of the Easement as near as possible to the condition said surface was in prior to said construction and maintenance. Grantor also retains, reserves, and shall continue to enjoy the Easement for any and all purposes which do not interfere with and prevent the reasonable use by Grantee of the Easement, including the right to build, develop, maintain and use the Easement for drainage ditches and private streets, utilities, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the Easement to any city or county for use as a public street, road or alley and /or to convey easement rights within all or any part of the Easement to any utility companies that serve Grantor's property; provided Grantor shall not erect or construct on the Easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the Easement. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above - described Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this oh day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE After recording please return to: Brown McCarroll Sheets & Crossfield, LLP 309 East Main, Round Rock, Texas 78664 RONALD BENDERSON, RANDALL BENDERSON AND DAVID II. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85 -1 TRUST By: IL Ft k D'-tv`'_ BUFFALO - WESTINGHOUSE ASSOCIATES, LLC By: op David H. Baldauf, Trustee LAJ g ILL/ David H. Baldauf, Manager This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, TRUSTEE for BENDERSON 85 -1 TRUST.. . f . ' 1. 1I . Notary Pu ic, State of Ne,I York NANCY MARIE SCALZI STATE OF NEW YORK NOTARY PUBLIC. STATE OF NEW YORK Reg No 01SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4.2 (.b2 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. Akar 1144u Notary Pub1Je, State of New I •rk NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NE.W YORK Reg No 01SC6006469 QUALIFIED IN ERIE COUNTY My Cornmissan Exmles May = .2 cb2 EXHIBIT "A" Meta and Bounds Description 25 -Foot Waterline E.ascmcnt 0.116 Aces (5,043 Sq. Ft.) Being an nascent containing 0.116 acres (5,043 square feet) of land situated in J, S. Patterson Survey, A -502 of Williamson County, Texas end "bring a portion of a caved 335 acre tract described in decd to Ronald Brndrnon d d recorded under Document No. 9725163 of the OEGcln1 Records Williamson County, Taw (O.R.W.CT.). Said 0.116 acre Waterline casement being mom pafic larly described by metes and bounds m follows with all beatings refcreoced to the Team Stele Plane Coordinate System, Central Zone ha tams of NAD83/93 damn. =face distanoa recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Moth iron rod found marking the arabenst comer of *called 92.15 acre trod described in decd to Ronald the southwest @et et al Ma w . 00 dal bleu described 9725164 of said OAW.C.T., also being in decd to Mmgaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Dead Records also being a point in a northerly right -of - -way Inc of Westinghouse Road (County Road 111); THENCE, South 71 West, creasing said 92.15 acre tract and a portion of said Westinghouse Rood tight -0t -way, a distance of 490.54 feet to the southeast comer of said 335 acre tract; THENCE, North 15 West, along the easterly line of said 335 tae tract, a distance of 33.11 foot ro the POINT OF BEGINNING of the herein described Maemesn THENCE, South 69'94'49" West, across said 3.35 acre tact, a distance of 201.12 fad to a point in dye westerly line of said 335 aarc'trrct and being an interior tine of said 92.15 acre tenet; THENCE, North 1V13'31" West, along the line common to the westerly line of saki 335 acre tract and to an interior line of mid 92.15 acre tract, a distmm of 25.02 fat to the northwest comer of the bcaain describes' easement THENCE, North 69 °44'49" East, crossing said 3.35 acre tract, a distance of 20229 feat to the northeast comer of tbo herein described easement and bring a point in the easterly line of said 335 acre tram; THENCE, South 15'33'01" Fast, along the easterly lien of said 335 acre tract, a distance of 25.08 feet to the POINT OF BEGINNING and containing a computed aran of 5,043 more fed or 0.116 acres of land more or less A tepatate sketch of easement accompanies this metes and boards description. Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suite 480 • Austin, Texas 79735 Job No. 417 -731 24 February, 2000 Page I oft PAtt2doe 04/16/2001 MON 16:22 FAX BROWN McCARROLL SHEETS & Metes and Bounds Description W tertineEasem 0.139 Acres (6,053 Sq. Ft.) • Being an easement containing 0.139 acres (6.053 square feet) of kmd situated in the J. S. Pattetaoa Survey, A -502 of Williamson County. Texas and bring a portion ofa called 92.15 acre rail described as Tract No. 4 to Ronald Henderson in decd recorded troths Document No. 9725169 of the Official Records Williamson Comity, Texas (O.RW.C.T.. Said 0.139 acre casement being more particuiarly described by metes and bounds as follows with all bearings • referenced to Texas State Plane Coordinate System, Centred Zone in terms of NADS3/93 datum, strthoe diatarcw recited betein may be command to grid by multiplying by the combined factor of 0.999370053: COMMENCING for reference at 9 -inch iron rod forted marring the southeast corner of Bald 92.15 acre tract also being the southwest comes ofa called 200 acre tract described in deed to Margaret M. Nash recorded ha Volume 602, Page 355 of the Williamson County Deed Abe being a point in a northerly right-of -way litre of Westinghouse Road (Co Road 1111 THENCE, South 74 °14' 19" Wei crossing said 9215 erne tract, a distance of 245.09 feet to a point In asoutherly line of acid 9215 any trac4 • THENCE, North 20°12'12" West, a distance of 33.00 fat to the POINT OF BEGINNING of the bmein described eascmeutl . THENCE, South 6944'49" Wen, crossing said 92.15 acre tract, a distance of 243.15 feet to a point in the easterly property line of wiled 335 acre tract conveyed to Ronald Beodersoa by deed recorded under Document No. 9725163 of said 0A W.C.T.; THENCE, North 15 West, along the line common to the easterly line of said 335 acre ran and to an interior lino of said 92.15 sore tract, a distance of 25.08 fat to the northwest corner of the herein described easement; THENCE, crossing said 92.15 rem rsacr the following two (2) erases: 1. Nato 6944'49" East, a distance of 241.11 feet to the northeast corner of the herein described casement 2 South 20 East, a distance of 25.00 fed to the POINT OF BEGINNING and containing a computed area of 6,053 square feet or 0.139 acne of land more or less. A Scpaate sketch of easement accompanies this metes cruel bounds description. Prepared By: SURVCON INC. 5316 Hwy. 290 West, State 480 Austin, Texas 78735 Job No. 417 -731 APRIL, 2000 b(z(2cco Page 1,11 PARI.dm 0010/016 94/X6/?061 HON 16:23 FAX BROWN McCARROLL SHEETS & Metes and Bounds Description 25 -Foot Waterline Easement 0.650 Acres (28,299 Sq. Ft.) Being an easement containing 0.650 acres (28,299 square feet) of land situated in the J. S. Patterson Surrey, A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Benderson in decd recorded under Doctuneat No. 9725164 of the Official Records Williamson County, Texas (O,RW.C.T_). Said 0.650 acre easement being more particularly described by metes and bounds as follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zone in tends of NAD83/93 datum, surface distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Y.-inch iron rod found marking the southeast comer of a called 92.15 acre tract described in deed to Ronald Benderson et al recorded under Document No_ .. 9725164 of said O.RW.C.T_, also being the southwest comer of a called 200 acre tract described in deed to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Deed Records also being a point in a northerly right - of-way line of Westinghouse Road (County Road 111); . THENCE, South 71°20'27" West, crossing said 92.15 acre -tract and a portion of said Westinghouse Road right -of - -way, a distance of 690.01 feet to the southwest comer of a called 3.35 acre tract described in deed to Ronald Benderson et al recorded under Document No 9725163 of said O_R.W_C.T., being an interior comer of said 92.15 acre tract; THENCE, North 18 ° 13'31" West, along the line common to the westerly line of said 3.35 acre tract and an interior line of said 92.15 acre tract, a distance of 33.02 fret to the POINT OF BEGINNING of the herein described easement; THENCE, crossing said 92,15 acre tract the following three (3) courses: 1. South 69 ° 44'49" West, a distance of 874.18 feet to an angle point; 2. South 64 °S9'55" West, a distance of 165.58 feet to an angle point; 3. South 72 °48'06" West, a distance of 91.73 feet to a point in a westerly line of said 92.15 acre tract and being in an easterly line of a called 13.37 acre tract described in deed to Fetter Investments, Ltd. recorded under Document No 9640148 of said O_R_W_C.T.; THENCE, North 20°20'47" West, along the line common to the easterly line of said 13.37 acre' tract and to a westerly line of said 92.15 acre tract, a distance of 25.04 feet to the northwest corner of the herein described easement; Page 1 of 2 PAR1A.doc IJ018/O18 04/,18 /$001 MON 18:,23 FAX BROWN McCARROLL SHEETS & THENCE, crossing said 92.15 acre tract the following three (3) courses: 1. North 72 °48'06" East, a distance of 91.40 feet to an angle point; 2. North 64 °59'55" East, n distance of 164.91 feet to an angle point 3. North 69 East, a distance of 876.10 feet to the northeast comer of the herein described easement and being a point in the westerly line of said 3.35 acre tract; THENCE, South 18 °13'31" East, along the westerly line of said 3.35 acre tract, a distance of 25.02 feet to the POINT OF BEGINNING and containing a computed area of 28,299 square feet or 0.650 acres of land more or less. A separate sketch of easement accompanies this metes and bounds description_ Prepared By: . SURVCON INC. 5316 Hwy_ 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 June, 2000 6.1 4 u�o Page 2 of2 PARIA.doc e0 15/01 8 n .Ra ' °r te I lw tt i K ,— fur r tm. ;°yn u,r.v....... : • s 9e` i;• .. La W •E .0.... .' a n � a • ' � ■,_a�s�y o • .� @6 = — a � __a ,c __■ f6 . _ 1 MEW L .m. MP. '' _ 101 WIN/ � = 1111 011„._MIl �� /� AIM EN yy ■I■ . f Ma ME • • f•le 3A • YW .0 W • .1. .0 ypy NO .0 K SIAM SANITARY SEWER rltor1E MAC 1lEa NJ324. : N , N rtnarlie Vat SANITARY SUM KAN 5.01. S1000:01. w LIEU101 is 1:0610.1. a Mil Ft 00m MEM p 0a60111 EXHIBIT •B• RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. COY of GEMErOIW tOOS WINDMILL HILL OFF PHASE SANITARY SEWER PLAN & PROFILE St .014 Ct5 l• ; .a. Icsnm1:2 MMg 3011vQ.130C si OSJ1 IS MONO WW1 MIS EXHIBIT 'C' OW OF GECKO NCI maga tau. OffSIME UnIJTUES GRAM SEWER PLAN & PROFlLE crl• c zF 01C. - I VAT suit. AS WM r ntKS. Pe Mt &BAC _ e ' COSMIC 12. � -1 -j n \I. ra M s.. SMy ....m 2. -- LN MY s4. R w l• ; .a. Icsnm1:2 MMg 3011vQ.130C si OSJ1 IS MONO WW1 MIS EXHIBIT 'C' OW OF GECKO NCI maga tau. OffSIME UnIJTUES GRAM SEWER PLAN & PROFlLE crl• c zF 01C. - I VAT suit. AS WM r ntKS. Pe Mt &BAC c. • .ate a 4111 II Mil *40 ..n_4) All ,r F'F NM TO OD nag 9Qi [6 1324.6' WESTINGHOUSE ROAD AIR 7 0,9 , - N70'29'111 169.37' COY OF BGYINO ROM WATB( TIWISMISSIOR I*AI SIAM LLS POO =AOU.R HCfOa}• De =DIM ARTOAIE K NMI OOD`.R.T>oOPK AON DOM CADCOMM ra;m LOC Pvcv Rama csIt.T un LTI COULD PDC • WADI OY AP DM WOOS SW. WRAP and Di DS PVC iROTY MOW. MOW WSW. VIM S9=IYT ma... °R MIST WSW N O: I.RIIFO R DC aft OF COWEN. K «a ETaR TIM TO DC APS O tsaARTRa S CITT mown. /OLDS. 101fa Dreier DZIA1106 SOD RJR AC nil YF! .TDOA O IBLD. DORT TS W Can. IIT DIEM POOPOSCO RTfl DM T 14aa DIeT 9V• MOW* AM DM CoX• WOG novo, mat a MOTION TO E CO9.R• R YIP • EXBIBIT •D' COY OF OEORGETOVOI IMIMI UntiTY PLAN PHASE 1 CSIS= .W SHT CS • Metes and Bounds Description Public Utility Easement 0.268 Acres (11,654 Sq. Ft.) Being an easement containing 0.268 acres (11,654 square feet) of land situated in J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 3.35 acre tract described in deed to Ronald Benderson etal recorded under Document No. 9725163 of the Official Records Williamson County, Texas ( O.R.W.C.T.). Said 0.268 acre easement being more particularly described by metes and bounds as follows with all bearings referenced to Texas State Plane Coordinate System, Central Zone in terms of NAD83/93 datum, surface distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at '/s-inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald Benderson etal recorded under Document No. 9725164 of said O.R.W.C.T., also being the southwest corner of a called 200 acre tract described in deed to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Deed Records also being a point in a northerly right -of -way line of Westinghouse Road (County Road 111); THENCE, South 71 °59'21" West, crossing said 92.15 acre tract and a portion of said Westinghouse Road right -of -way, a distance of 490.54 feet to the POINT OF BEGINNING of the herein described easement, being the southeast corner of said 3.35 acre tract and an interior corner of said 92.15 acre tract; THENCE, South 69 °44'49" West, continuing along the line common to said northerly right -of- way line and to the southerly line of said 3.35 acre tract, a distance of 199.57 feet to the southwest corner of said 3.35 acre tract and being an interior corner of said 92.15 acre tract; THENCE, North 18 °13'31" West, along the line common to the westerly line of said 3.35 acre tract and to an interior line of said 92.15 acre tract, a distance of 58.04 feet to the northwest corner of the herein described easement; THENCE, North 69 °44'49" East, crossing said 3.25 acre tract, a distance of 202.29 feet to the northeast corner of the herein described tract and being a point in the easterly line of said 3.25 acre tract; THENCE, South 15 ° 33'01" East, along the easterly line of said 3.35 acre tract, a distance of 58.20 feet to the POINT OF BEGINNING and containing a computed area of 11,654 square feet or 0.268 acres of land more or less A separate sketch of easement accompanies this metes and bounds description. Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 24 February, 2000 Page 1 of 1 PAR2.doc P.O.B. P.O.C. • 0 O.R.W.C.T. W.C.D.R. W.C.P.R. P.U.E. D.E. P.O.C. SKETCH OF PUBLIC UTILITY EASEMENT 0.268 ACRES (11,654 SQ. FT.) J. S. PATTERSON SURVEY, A -502 WILLIAMSON COUNTY, T(AS SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN, TEXAS 78736 TELEPHONE (512) 899 -8282, FAX (512) 899 -9390 EMAIL: austin0survcon.com SCALE: 1 = 60' DATE: 24 FEB. 2000 DRAWN BY NH CHECKED BY: DJA /NH MARGARET M. NASH 200 ACRES VOLUME 802, PAGE 355 W.C.D.R. J08 /: 417 -731 F.B. 1: N/A CAD FILE 417731 DWG \PAR2.DWG LEGEND: RONALD BENDERSON RANDALL BENDERSON DAVID H. BALDAUF TRACT No. 4 92.15 ACRES DOC No. 9725164 O.R.W.C.T. POINT OF BEGINNING POINT OF COMMENCING 1/2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE) INDICATES EASEMENT CORNER NOT SET. INDICATES OFFICIAL RECORDS WILUAMSON COUNTY, TEXAS INDICATES WILUAMSON COUNTY DEED RECORDS INDICATES WILLIAMSON COUNTY PLAT RECORDS INDICATES PUBUC UTILITY EASEMENT. INDICATES DRAINAGE EASEMENT. INDICATES PROPERTY UNE P.O.B. N NOTES: RONALD BENDERSON RANDALL BENDERSON DAVID H. BALDAUF TRACT No. 4 92.15 ACRES DOC No. 9725164 O.R.W.C.T. / / RONALD BENDERSON RANDALL BENDERSON DAVID H. BALDAUF 3.35 ACRES DOC No. 9725163 O.R.W.C.T. • 6g %9 / 2 ° 0.268 ACRES 11,654 SQ. FT. A9 99 N 0 m / / 490 54 _ / W S15g 1. THIS SKETCH OF EASEMENT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. 2. BEARINGS ARE IN TERMS OF STATE PLANE COORDINATE SYSTEM. TEXAS CENTRAL ZONE IN TERMS OF NAD83/93 DATUM EXPRESSED IN U.S. SURVEY FEET. DISTANCE SHOWN HEREON MAY BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED FACTOR OF 0.999870053. •