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R-00-05-11-14C16 - 5/11/2000Metes and Bounds Description Public Utility Easement 0.324 Acres (14,121 Sq. Ft.) Being an easement containing 0.324 acres (14,121 square feet) 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 0.324 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 'h -inch iron rod found marking the southeast corner of said 92.15 acre tract 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 74°14'19" West, crossing said 92.15 acre tract, a distance of 245.09 feet to the POINT OF BEGINNING of the herein described easement and being a point in a northerly right -of -way line of Westinghouse Road; 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 92.15 acre tract, a distance of 245.83 feet to the southeast corner of a called 3.35 acre tract conveyed to Ronald Benderson by deed recorded under Document No. 9725163 of said O.R.W.C.T. and being an interior corner of said 92.15 acre tract; THENCE, North 15 °33'01" West, along the line common to the easterly line of said 3.35 acre tract and to an interior line of said 92.15 acre tract, a distance of 58.20 feet to the northwest corner of the herein described easement; THENCE, crossing said 92:15 acre tract the following two (2) courses: 1. North 69 °44'49" East, a distance of 241.11 feet to the northeast corner of the herein described easement; 2. South 20 °12'12" East, a distance of 58.00 feet to the POINT OF BEGINNING and containing a computed area of 14,121 square feet or 0.324 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 PARI.doc S 64'59' " 164.91' 258.81' RONALD HENDERSON ET. AL. CALLED 3.35 ACRES TRACT NO. 4 DOCUMENT NO. 9725163 O.R.W.C.T. P.O.B. S 69'44'49" W 245.83' WESTINGHOUSE RD. (COUNTY RD. NO. 111) (WIDTH VARIES) OTES: UNE TABLE UNE T.1 L2 L3 L4 L5 BEARING N 15'33'01' W S 20'12'12' E N 20'20 W N 72'48'06' E S 18'13'31' F DISTANCE 58.20' 58.00' 70.64' 91.40' 58.04' RONALD BENDERSO CALLED 92.15 ACRES TRACT NO. 4 DOCUMENT NO. 9725164 O.R.W.C.T. TRACT 2- PUBLIC UTILITY EASEMENT 1.520 ACRES (66,196 SQ. FT.) • L' N 6 9'44'49" E 876.10' S 69'44'49" W 871.65' N 64'59'55" E CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT NO. 1 VOL 848, PG. 817 W.C.D.R. THIS SKETCH OF EASEMENT IS ACCOMPANIED BY A SEPARATE METES MID BOUNDS DESCRIPTION. BEARINGS ARE IN TERMS OF STATE PLANE COORDINATE ST3ILII, 11)55 CENTRAL ZONE IN TERMS OF NAD83/93 DATUM, EXPRESSED IN U.S. SURVEY FEET. INSTANCE SHOWN HEREON MAY BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED FACTOR OF 0.999870053. PAT LEGEND: P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING • 1/2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE) O INDICATES EASEMENT CORNER NOT SET. O.R.W.C.T. INDICATES OFFICIAL RECORDS VAWAMSON COUNTY, TEXAS W.C.D.R. INDICATES WIWAMSON COUNTY DEED RECORDS W.C.P.R. INDICATES IMWAMSON COUNTY PLAT RECORDS P.U.E. INDICATES PUBLIC U11UTY EASEMENT. D.E. INDICATES DRAINAGE EASEMENT. E INDICATES PROPERTY UNE RONALD BENDERSON ET. AL. CALLED 92.15 ACRES TRACT NO. 4 DOCUMENT NO. 9725164 O.R.W.C.T. \ fi b N 6 9'44'49" E 241.11' S 71 ' 2 0'27" W . 690.01' CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT NO. 1 VOL. 848, PG. 817 W.C.D.R. .O.B. SCALE 1' - 100' DATE 24 FEB. 2000 DRAWN BY: NH CHECKED BY: ISJA /NH MARGARET M. NASH CALLED 200 ACRES VOL 802, PG. 355 W.C.D.R. P.O.C. •1 W 2� ='09' WESTINGHOUSE RD. (COUNTY RD. NO. 111) (WIDTH VARIES) SKETCH Y o EASEMENT CT 1 0.324 ACRES (14,121 SQ. FT.) CT 2 1.520 ACRES (66,196 SQ. FT) J.S PATTERSON SURVEY, A -502 WIUJAMSON COUNTY, TEXAS e SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST, SUITE 480 AUSTIN, TEXAS 78736 TELEPHONE (512) 899 -8282, FAX (512) 899 -9390 EMAIL: a ustinosurvcon.com JOB 1: 417 -731 F.B. /: N/A CAD FILE 417731 \ DWG \PAR1 -A. OWC TRACT 1 0.3 24 (1412�SQ.F ) S 7 4'14 oe • STATE OF TEXAS COUNTY OF WILLIAMSON See Exhibit "A" attached hereto. 2001027706 20 Pt gs TEMPORARY ACCESS and CONSTRUCTION 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 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: 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 1,Q 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 t I�P RONALD BENDERSON, RANDALL BENDERSON AND DAVID 11. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85 -1 TRUST By: ^-11` 4 3 David H. Baldauf, Trustee BUFFALO - WESTINGHOUSE ASSOCIATES, LLC By: a,,r b4 - t i I .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. t _fr Notary Pu .t' c, State of New ork 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 4.2021 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO- WESTINGHOUSE ASSOCIATES, LLC. k It Notary Pub j , State of New {ork NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORI Reg No O1SC6O06469 QUALIFIED IN ERIE COUNTY M!Commisson May 4,2 2 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 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 Henderson in deed recorded under Document No. 9725164 of the Official Records Williamson County, Texas (OR,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'Yz - inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald 13enderson 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, 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 POINT OF BEGINNING of the herein described easement, being the southwest corner 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 comer of said 92.15 acre tract and being the southeast corner of a called 13.37 acre tract described in deed to Feller Investments, Ltd. recorded under Document No. 9640148 of said O.RW.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 45.61 fcet to the northwest comer 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 oft PAR1A.doc 04%16/2601 MON 16:23 FAX. BROWN McCARROLL SHEETS & 2. North 64 °59'55" East, a distance of 16158 feet to an angle point; 3. North 69 °44'49" East, a distance of 874.18 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 a distance of 33.02 feet to the POINT OF BEGINNING and containing a computed are of 37,897 square feet or 0.870 acres of land more or less. A separate sketch of easement accompanies this mete and bounds description Prepared $y. SURVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 24 February, 2000 Page 2 oft PARI4.doc ® 013/018 04/.18/2001 MON 18:22 FAX BROWN McCARROLL SHEETS & Prepared By: SURVCON 1NC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 June, 2000 Metes and Bounds Description • Acres And Construction Basement No.1 0.185 Acres (8,061 Sq. Pe) Being an easement c0ataining 0.185 Acres (8,068 Sq. Pt) of land situated in the J S. Patterson Survey, A -502 of Wiliamso0 County, Texas and being a portion of a called 92.15 acre tract described as T1act No.4 to Ronald Henderson in deed recorded under Document No. 9725164 of . Official Records Williamson County, Term (O.R.W.C.T.). Said 0.185 acre easement bring • T as ore particularly bounds metes and bounds as follows with nit boa iago =Roomed to the distances St recited System, Coal Zone in tams of NAD83193 datum, surface • hcsein may be convened to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at 54 -inch iron rod found called 200 t comer n a dat 92.15 acre tract also being the southwest comer of a calle o Margaret M. Nash recorded is Volume 8 described In deed to also a t in ho 355 at th e us R t>' Road II); �m8 poia ao+t6edy right-of-way fine of WesBmghoase Road (County Road 111); THENCE, South 74 Went; crossing said 92.15 acre tract, a distinct of 245.09 fat to the POINT OF BEGINNING of the herein described easement and being a point in a northerly fiat-of-way line of Westinghouse Road; THENCE, South 69°44'49" Wen, along the line common to said northerly right - way line and to the southerly liaa of said 92.15 arse tract, a distance of 245.83 fat to the southeast coma of a called 335 arm tract conveyed to Ronald Henderson by dad recorded ender Document No. 9725163 of said ORW.C.T. and being an interior coma of said 92.15 acre trace; THENCE, North 1573'01" West, along the lint common to the easterly li of said 3.35 acre tract and to an Interior line of sold 92.15 acre tract, a distance of 33.11 feet to the northwest comer of the herein described easement THENCE, crossing said 92.15 acre tract the following two (2) courses: 1. North 6944'49" East, a distance of 243.15 tbct to the northeast corner of the herein darn'bed easement; 2. South 2012'12" East, a distance of 33.00 feet to Me POINT OP BEGINNING nod containing a computed area of 8,068 square feet or 0.185 ernes of land more or ken. A separate sketch of easement accompanies tbii metes and b description. Pga 1 eft PARldoe R1012/018 04/10/2001 MON L6 :22 FAX BROWN McCARROLL SHEETS & Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 - Job No. 417 -731 MAY, 2000 Mete and Bounds Description Access and Construedon Basement 0.152 Acres (6,611 Sq. Ft) Being an easement containing 0.152 acres (6,611 square feet) of land situated In J, S. Patterson Survey, A -502 of Williamson County, TOMS and being a portion of a called 335 acre tract described in deed to Ronald Bcnderson at al recorded under Document No. 9725163 of -lbo gi Records Williamson Corny, Texas (O.RWC.T.). Said 0.152 ace easement being more particularly described by meta and bonds as follo svith ads - Texas Stale Plane Coordinate System, � rudermo t ice distances recited herein may be converted 10 d id b In firms of by to combined in r door of 0.999870053: Btu by multiplying by the combined factor of COMMENCING for reference at 1 iron rod found marking the southeast corner of a called 92.15 acre tram described in deed to Rom1d Henderson et al recorded under Document No. 9725164 of said ORW.C.T., also being the southwest corner of a called 200 acre tract described in deed to Margaret M. Nash recorded in Volume S02, Page 355 of the Williamson County Decd Records also being a point in a norther right-of-way line of Westinghouse Road (Cotmty Road THENCE, South 71 ° 59'21" West, crossing said 92.15 awe had and • portion of said Westiagbouse Road right of FCny, a distance of 490.54 feet to the POINT OF BEGINNING of the b described uasrnsCI7, being the southeast coma of said 3.35 awe tract sad an interior corner of said 92.15 acre tract T1fENC2 South 69 West a distance of 199.57 fast along the line common to said 3.35 wean trod and to said WestiagLonsa Road right -of-way lice, to the southwest comer of said 3.35 ague tract and being an interior point of said 92.15 acre tract THENCE, leaving the right-of- -way lice of said Westatgbouse Road and following the westerly property lino of said 335 acre tract, North 18'13'31" Were, a distance of 33.02 feet to the northwest corner of the heroin described easement; 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 acid 3.35 awe tract: THENCE, following the easterly property tine of said 3.35 ace tract; South 15 East, ■ distance of 33.11 feet to the POINT OF BEGS NNG aad eon square feet or 0.152 saes of ]sad more or less.°1°g a computed aura of 6 611 A separate sketch of easement accompanies this metes and bounds description. ®OlL /018 .7 ..8 UN TABLE ] W�7p 51 ET H SoEMENr N 1 N 0. f C ON Ee,053 S0. 1T.� ACCESS 185 , o r Noi n , 0,165 TE 9Aa5 90 rt 25' NMRES 7E,,1�5S 0.650 ACRES 20.209 F( ACCESS AND CON UCRON 54SEM N1' No2 0.870 ACRES 17.597 SO. r1,) J 40570tSON COUP TTCXAS bl SURVCON INC. 32IB NAY. 250 405 ID-Mat (5 &N 7rxA5 78739 4482. rAS (817) •19 - 1390 500BU wUoiouncoo.[an SCALE: 1' . 100' 0•5* ARN. 2000 5140,11 ON OWNED PO cm .00 b 417 -731 7.8. /7 WA • W71L[ 447737 7 t- 4 .00150 0150454*5E RO (500041' 70. 440. 744 '40 NE .2 l0 N 6139'5 RONALD BENDFRSON ET. AL CALLEO 92,15 ACRES TRACT N0, 4 009JMrM N0. 6725164 0.11.)7.017, 25' WATERLIN . 0.650 ACRES (28,249 EASEMENT 0. A F b2 ) 181,91' CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT 440. 1 VOL. 648, PG 017 W.C.D.R. 69'44'49' E9215.10. 47301714 O Accaoyo58 K somas 41570 ANO •OL17Dt DOOCPO0i RN07' q tows Or not Pyy( [55R5500, SYr*E9, 7 01A7 coma 20475 K 07M1LRm TO 1147 PI u�IvIC B N5 MEW 7A ; 0 0J0145030. RONALD BEHDER90N ET. AL C/LLEO 92.15 ACRES TRACT 440. 4 000UMENT NO. 9725164 0.5.W.5.T. N 6 9'44'49' E LEOENP P.O.B. PONT OF OEOIOLWo P.O.C. PON7 OF CCM901C2(O • 1/2 NW RCN NCO r01RD (745055 NOND 011104YIg) O 940101/159 EASFI1045 CCan n NOT SE7. 0.0,'14.57. NOICA709 r171DAE 5[05005 RILLMSSV4 COMM 15 %AS NA50A 715001705 1 =NTT DEED RECO1515 ! ROCA= PROPERTY NNE • RECORDERS MEMORANDUM All or pare of the teat On Luis pnge was oat dearly 46 It for satisEwory tecord7rion, 23' 1rATEtit)7E; EAISEYENT Not 0.139 ACRES (6.063 S0. FT.) 211.11' =` 19 W PTEIEJEIE EASEMENT CALL p 0 A_ NASSH 1'OL. 8 02, P0. 355 W.GD.R, 0 0 0 x 0 0 50 CO CO 0 N -33 0 a ' RN O 1 7 o £4LA4 501 1 1 C0 LA- .A MACAW, 14 1M. 1• 172.15 13 ACRES DOC Na 0725104 O.R.RL.1. N 211'13'31 " 25.02' . OP awaits J. P140ER$ON • 5114 . a tit V OATS. 40. 2000 S 45'33 .5f ACCESS & CONSTRUCTION EASENEFa 00005:-, W A SO. 1 E LEGEND: P.Q. 8. PONT OF BEONT1I1S0 P.O.C. PANT O CODADIOND • I/2 NCH IRON ROD POUND (UNLESS NOTED 01113118Sf.) O NOCATE5 EASt1,m/T COTNER NOT SET. O.P W.C.T. POURS ORIOAL RreeR05 1 CWNt( TEAS 11.C.DR. NOCAEES W11IA4SOt COUNTY DEED RCCORD5 W.CP.R. IND1CA1ES WWAUSO1 COUNTY PEAT REC0105 P.U.E. PNNCATE5 PUBLIC UTILITY EAl0454T, D.E. INDICATES DR.UNACC EASEMENT. C INDIC.AITS PROPERTY LINE N 1813'31" W 33.02' RUIDMA 1%0015ON DOS 8, . g6N �7354 D � S 33 MATS 0JI.K N S 15•3'01" E �25.oB 0015 14111011 0014013040 01410 K 400!01452 DOC Ha. 15 B N • oAY.CT. P.O.B. 25E AU 1, 1143 92701 04 G104047 1S 50K50µ20 K A 1,5255.22 4[752 M10 W..IANOS ME N RIOS Of 7(1P PUNC 120110411 MD/. 730442 1 (y uwm� 3 ro COO 07 LOX =O i her 074/0/00 1Y.C'1. OOONC DONN1 1 22041[0 2K704 07 0.32107005.1. RECORDERS MEMORANDUM All or pate of the text on this page was nor dearly legible for satisfactory recordation NAR 0507 4. 405511 ACM 110.554 1101 No( 325 11.5.05. 25' WAiERLIN% YASEUENT 0.116' ACRE (5 O SO. FT.) AccESS ANo CON STR11CDOR EASEMENT 0.152 ACRE Mal 1 SQ. FT J. S. PATTERSON S A- 2 S R C tt couN r�x�s ' PROFESSION. SURYE50N 5310 077. 200 MST, SLIT 400 51] 21 Tt12P70N2 1 -0751 T ,� t TM (5 12) 08005 30 10.0 CAD PLE: 417721t020\PM224O 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; • 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; (c) (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; (f) 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 stricture 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 1 ,s4.1) 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 I-I. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85 -1 TRUST By Lvsj 4 I LJ BUFFALO - WESTINGHOUSE ASSOCIATES, LLC By: David H. Baldauf, Trustee 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. kb A Notary Pu , )�c State o No fNe4York 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 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIIATES, LLC. I1I 1./ (MAO Notary Pu c, State of Ne rk w NANCY MARIE SCALZI NOTARY PUBLIC STATE OFNLWYORK Ray No 01SC6006469 QUALIFIED 111 ERIE COUNTY My Commission Exoxes May 2 �? EXHIBIT "A" Metes sod Bounds Description 25 -Foot Waterline East 0.116 Aeia (5,043 Sq, Ft) Being on evammt containing 0.116 acres (5,043 square foot) of land situated in 7. S. Patterson Survey, A - 502 of 'Williamson County, Tams and Icing a portion of a called 335 acre tract described in decd to Ronald Bendetaon et al accorded under Document No. 9725163 of the Ofclnl Records Williamson County, Texas (O.R.W.C.T.). Said 0.116 sae Waterline easement being mom pazriailady described by metes and bounds m follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zone in teams of NAD83/93 datum. mistime distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Y iocb iron rod found marling the southeast corner of a called 92.15 aao tract drsc ibcd in decd to Ronald Bcndemoo ct al receded trader Document No. 9725164 of acid also being the southwest comer of a cafcd 200 one tract daetlbed in decd to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Decd Records also being a point in a nordtarly right-of-way line of Wm7ingbor se Road (County Road 111); THENCE, South 71 °59'21" West, crossing said 92.15 acre tact sad a portion of said Westinghouse Road righeo(•way, a distance of 490.54 fat to the southeast corner of said 335 acre pct: TISENCE, North 15°33'01" Wet, along the easterly lion of said 335 sere tractor diva:sec of 33.11 feot to the POINT OF =MEWING of the herein described "'°^^ THENCE, South 69'44'49" West, across said 335 acre tract, a distance of 201.12 feet to a point in rho westerly lima of said 3.35 resc'tract and being an intccror line of said 92.15 nau tract; THENCE, North 1893'31" West, along the line common to the westerly line of said 335 acro tract and to an interior line of said 92.15 sac tract, a distnnm of 25.02 fat to the mtWwmt comer of the heroin described ea:some= THENCE, North 69 °44'49" East, crossing said 3.35 acre tract, a distance of 202.29 of the northeast comer of the herein described easement and being a point in the easterly 3.35 acre roan, THENCE, South 15°33'01" East, along the easterly line of said 335 aac tract, a distaum of 25.05 feet to the POINT OF BEGINNING and containing a computed ana of 5.043 equine feet or 0.116 acres of lend more or lets A separate sketch of easement accompanies this mass and bounds description. Prepared By SIJRVCON INC. 5316 Hwy. 290 West, Suit. 480 • Austin, Team 78735 Job No. 417 -731 24 February, 2000 11 1 / 1/ 9 z - l i zero lit/1/4- Page 1 of 1 PAR2doc 04%16/2001 LION 16:22 FAX BROWN MCCARROLL SHEETS & Metes and Hounds Description Waterline Easement No.l 0.139 Acres (6,053 Sq. Ft) • Being au easement containing 0.139 wises (6,053 square feet) of Imd situated in the J. S. Patterson Survey. A -502 of Williamson County, Texas and being a portion of a called 92.15 aerc tract described as Tract No. 4 to Ronald Henderson in died recorded under Document No, 9725164 of the Official Records Williamson County, Terms (O.R.W.C.T.). Said 0.139 acre easement being more particularly described by etas and bounds as follows with all bearings refinanced to Texas State Plane Coordinate System, Coal Tone in turns of NAD83/93 datum, surface distances recited heroin may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at V -inch iron rod fottod marking the southeast cortrtt of add 92.15 our tract also befog the southwest comer of a coped 200 acre tract described in dad tq Margaret M. Nash recorded to Volume 602, Page 355 of the Williamson Curtly Deed Records also being a point in a northerly right -of -way line of Wescmgboure Road (County Rood 111); TE 02' c , South 7494' 19" West, crossing said 92.15 acre bate, a dislmce of 245.09 feet to a point In a southerty line of said 92.15 stay track • THENCE, North 20 ° 12'12" West, a distance of 33.00 foci to the POINT OF BEGINNING of the herein described easement; THENCE. South 6944'49" Want, crossing said 92.15 acre tract, a distance of 243.15 feet to a point in the easterly property line of a called 3,35 aore tract conveyed to Ronald Bendersou b deed corded under l7octmeatNo. 9725163 of said O.R.W.C.T.; THENCE, North 15 °33'01" West„ along the line common to the easterly fix of said 335 acre tact and to an interior fix of said 92.15 note tract, a &stance of 25.08 fat to the northwest comer of the herein described easement; THENCE, crossing said 92.15 acre tract the following two (2) courses: 1. North 69'44'49" East, a distance of 241.11 feet to the northeast corer of the herein described easement 2. South 20'12'12" East, a distance of 25.00 fat to the POINT OF BEGINNING and containing a computed arm of 6,053 square fad or 0.139 acres of land more or less. • A separate sketch of easement accompanies this metes aid hounds description. Prepared By. _ SURVCON INC. 5316 Hwy. 290 West, Suite 480I' Austin, Texas 78735 Job No, 417-731 APRIL, 2000 Page 1 of! PARI.dos 2010 /016 14/18/2001 MON 18:23 FAX BROWN MCCARROLL SHEETS & Metcs 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 .1. 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 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 '/, - inch 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 comer of a called 3.35 acre tract described in deed to Ronald Benderson et a1 recorded under Document No. 9725I63 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 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 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 13.37 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 comer of the herein described easement; Page 1 oft PAR!A.doc X016 /018 94/18/ ?001 MON 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 01 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°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 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 • tzr Page 2 oft PAR1A.doc 2015/018 .t',-- -mss P24`,5; ` N lei 'OMIT. Mr.ca SANITARY SEWER HAM SCALE r.00 BEAMTS SITTM MVAT OMR SITCOM. em ®WM TO ms Earnna.M ar�sm MlaYL EXHIBIT 'B' CO OF ROUND ROCK WATER IRA Sra$9IN MAWS RECORDERS MEMORANDUM All or pans of the text on this page was not clearly legible for satisfactory recordation. MY Or OEORGETUMI Tour WINDMILL HILL OFF PHASE SANITARY SEWER PLAN & PROFILE • �„yyo c s 91 /RIM SKEY Fa. CIS ? . ' .; • \'. :1 ply INT R. i trobt a�q-r.ta[k.E¢ ` . ' yew , `I�at&e.trtri ' 1ylrreer•na M md _Z . ■ ore KM S j t i - `�-�i6is`'�S M '`' � •� , `,. . � ' i ■R ■ � ■ �,� j , ■ • ` P ' 58.8 ' ,! _ -_ _ ' _ _- _ ' � L � • - - f -r t -- • , ' • ' '� • _ i ■ \ ■�. ■may `. - _ . 1YE51MVGl/IX/§E s _ MEMMTTA • lfiUAO+(QpfAV1Y R1 103 IN " WAT31 ... iUNi MOM <ME- -\ lIG OJ'AI ffl E SUE VON V UP .E SERA e+auilA,[DN TER -- ' P y; ' � MAKE ' • . tst tets / ____ .....„,.... At � . I i 00 MT r ' OM VA _ x SNO pa. pot tot 1.0 MO awe pay ,w aevm °a EMWIMY SEWER PROFILE .t',-- -mss P24`,5; ` N lei 'OMIT. Mr.ca SANITARY SEWER HAM SCALE r.00 BEAMTS SITTM MVAT OMR SITCOM. em ®WM TO ms Earnna.M ar�sm MlaYL EXHIBIT 'B' CO OF ROUND ROCK WATER IRA Sra$9IN MAWS RECORDERS MEMORANDUM All or pans of the text on this page was not clearly legible for satisfactory recordation. MY Or OEORGETUMI Tour WINDMILL HILL OFF PHASE SANITARY SEWER PLAN & PROFILE • �„yyo c s 91 /RIM SKEY Fa. CIS i• LOX Ethil .13.14 w A NC Mae UfWfi f.0001l- {PS llbl MUMS . MOM ALS . WOE 3741. DM 10 kW. -.1P . _ o � is � � IOE rz•-er 10 .00. taarnsia maw EXHIBIT ^C• an OF 6EORGERFAM WINDMILL RILL OFFSITE UTILITIES GRAVflY SEWER PLAN & PRORLE wv O 00 n[ u 6YNK memux EMETIII p�( (U I •M�If N _ ' '"' IN ' i• LOX Ethil .13.14 w A NC Mae UfWfi f.0001l- {PS llbl MUMS . MOM ALS . WOE 3741. DM 10 kW. -.1P . _ o � is � � IOE rz•-er 10 .00. taarnsia maw EXHIBIT ^C• an OF 6EORGERFAM WINDMILL RILL OFFSITE UTILITIES GRAVflY SEWER PLAN & PRORLE wv O 00 n[ u 6YNK CIO Of GEORGETOWN WINDMILL MU. UTILITY PLAN PHASE I TOGS YIL 2126/31 711 IOU 4175.50,0 • THE STATE OF TEXAS COUNTY OF WILLIAMSON 200102 7705 14 P gs 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 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; (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) 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) (1) 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 accessthe 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; 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 )gah day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE After recording please return to: 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 Ln 4 /LA' BUFFALO - WESTINGHOUSE ASSOCIATES, LLC By: ® David H. Baldauf, Trustee David H. Baldauf, Manager This instrument was acknowledged before me on this the 18th clay of April, 2001, by DAVID H. BALDAUF, TRUSTEE for BENDERSON 85 -1 TRUST. 0 Brown McCarroll Sheets & Crossfield, LLP 309 East Main, Round Rock, Texas 78664col '4 b Notary Pu.l ic, State of Nett 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, 2 CZ72 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK • Reg I!^ 01SC6006469 QTAL F:ED IN ERIE COUNTY "y Cn Eso'as May s, 2 tb2 Prepared By SiUAV CON INC. 5316 Hwy. 290 West, Suit. 480 • Austin, Torras 78735 Job No. 417 -731 24 February, 2000 EXHIBIT "A" Metes and Bounds Description 25 -Foot Waterline East 0.116 Aciss (5,043 Sq. Ft.) Being an casement contain;+, , 0.116 =e-+ (5,043 square fret) of lead nitrated in J. S. Patterson Survey, A -502 of 'Williamson Cormty, Torras and 'being a portion of a called 335 acre tract described in decd to Ronald Balder= d al recorded undo Document No. 9725163 of the Ofllcial Records Williamson County, Torras (ORW.C.T.). Said 0.116 aez0 Waterline casement bciag or partiailm'ly descr by metes and bounds as follows with all bearings refaeaccd to the Terns State Place Coordinate System, Ceaual Zone in tams of NAD83/93 datum, surface 'distances recital herein may be coavcrled to grid by multiplying by the combined factor of 0.999870053: COMMENCING for =femme at Si-loch iron rod found minting the southcast corner of a called 92.15 acre tract described in decd to Ronald Beoderaou cl al recorded ceder Doarmcat No. 9725164 of said ORW.0 -T_, also being the southwest coma of s called 200 acre tract dea{bod in deed to Manua M. No recorded in Volume 802, Page 355 of th. Williamsou County Decd Accords also being apoint yr a norihorly right-of-way lino of Wmneghoree Road (County Road 111); THENCE„ South 71'59'21" West, crossing said 92.15 acre tract and a portion of said Westinghouse Road rightof way, a distance of 490.54 feet to the southeast coma of said 3.35 acre tract; THENCE, North 15°33'01" West, along the easlcrly line of said 335 sere tract, a distance of 33.11 feat to the FO1NT OF BEGINNING of the herein described =wax= THENCE, South 69'44'49" West, across said 3.35 rime tract, a dlrtaace of 201.12 foot ton point in tho westerly lino of said 335 acre pact =dlr.-log an interior boo of said 92.15 acre tract: THENCE, North 1813'31" West, along the l common to the westerly lime of satd.335 acre tract and to interior lino of mid 92.15 sae tract, a distance of 25.02 feet to the northwest comer of the herein described casaoca THENCB, North 69 °44'49 East, crossing said 335 acre tract, a distance of 20229 foot to the northeast corner of the herein described eat and bong a point in the easterly line of said 335 acre tear{ THENCE, South 1513'01" East along the easterly l of said 3.35 acre tract, a distance of 25.08 fact to the FOINT OF BEGINNING and containing a computed arm of 5,043 square fed or 0.116 oars of land more or less A separorc sketch of ooseaamt accompanies this metes and bounds daaiptiou. V 6frj. G 3 Page 1 of PAR2doe 04/L6/2001 MON 16:2; FAX BROWN McCARROLL SHEETS & Maas and Hods Description Waterline Euanmt lNo.1 0.139 Acres (6.053 Sq. Ft.) Beiog au easement containing 0.139 acres (6.053 square felt) of Ind situated in the J. S. Patterson Survey, A -502 of Wilu.o,s County, Tara and befog a portion of a taped 92.15 acre tact described as Tract No. 4 to Ronald Bcadcrsoa is dad recorded under Document No, 9725164 of the Official Records WiHinmwn County, Texas (0.R-W.C.T.). Said 0.139 acre easement being more particufasty described by mess and bounds as follows w,idr all beariuga • rcf distances State Plane Coordinate Syotoo, Cmfral Zone in terns of NAD83/93 damn, incited bercin may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING foe reference at Yrinch iron rod found marking the southeast comer of said 92.15 acre tract also Wog the somhwest comer of a called 200 acre tract described in deed tq Margaret M. Nash monied in Volume $02, Page 355 of tho Wiiliamaon County Deed Records also being a point in a northerly right-of -way lice of Westinghouse Road (County Road 111); THENCE, South 74 °14' 19" West, crossing said 92.15 care tact, a distance 0(245.09 feet to a point in a southerly line of said 92.15 ace trac * THENCE, North 2092'12" West, a distance of 33.00 fat to tic POINT OF BEGINNING of tbe herein described eoscmeo4 THENCE, South 69'44'49" Was, crossing said 92.15 acre tract, a distance of 243.15 feet to e point in tbe casteriy property line of a called 3.35 acre tract conveyed to Ronald Eooderson by deed recorded under Document No. 9725163 of said O.R.W.C.T.; THENCE, North 15•33'01" Wca4 along the lice commo t th east line of said 335 sae net and to an interior lino of said 92.15 acre tract, a distance of 25.06 feet to the northwest comer of tbe bertha described easement; THENCE, crossing said 92.15 acre tract the following two (2) causes: 1. North �r 6944' a d of 241.11 feet to the northeast corner of the herein casement 2. South 20 East, a distance of 25.00 feet to the POINT OF BEGINNING and containing a computed aura of6,053 square feet or 0.139 amts of hand mom or lam. A separate sketch of easement accompanies this metes sad bounds description. Prepared By SURVCON INC. 53I6 Hwy. 290 West, Suite 480 Austin Texas 78735 Job No, 417 -731 APRIL, 2000 641 ;Alm/ oft PARI4ae 0010 /018 04%38/2001 MOLL 18:23 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 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 casement being more particularly described by metes and bounds as follows with all bearings referenced to the Texas State PIane 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 Vi - inch iron rod found marling the southeast corner of a called 92.15 acre tract described in decd to Ronald Benderson 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, 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 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 13.37 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; Fagr 1 oft PARlt.doc Q1018/018 018 /018 • 04/36 /2001 MOIL 16:23 FAX BROWN MCCARROLL SHEETS & THENCE, crossing said 92.15 acre tract the following three (3) courses: L _ North 72 °48'06" East, a distance of 91.40 feet to an angle point; 2. North 64 °59'55" East, a distance of 164.91 feet to an angle point 3. North 6944'49" 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 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 Page 2 oft PARIA.doc fJ015/018 NE .5 .7 10 6159'5 RONALD BEHDERSON ET. AL CALLED 92.15 ACRES TRACT NO. 4 DOGLIMENT NO. 9725184 O.RW.C.T, 25' WATE'RL)(E EASEAEr4T Not . 0.650 ACRES (20,799 SO. FT.) •E *most R0. (CORrIY AD. 110. NM WA ACCESS ARO 0410 � ( T 3 g 7 7 EASEMENT Q F. a2 184.91' N 89 E 876.10' CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT N0. 1 VOL 648, PC. 817 W.C.DR, wawa IS AODOVNCto Pr 5474.01.0T 1A1TS 450 MINA DCSOorn Ni FMCS W TOWS or STA11 ?WC OXRCORI1 S/S1TN. 1O00 COMA WIC r BE OOM11R0 10 cool 5 M IN MC W rAC o.4 ACS 5•21.1 M na7aou MALES J. JOHNSON CALLED 50.0 ACRES !FACT NO. 1 VOL 84a, PC, 817 W.C.O.R. LEGEND; P.08. 1 a' 96010650 P.O.C. PORT Of COWOICtiC • I/7 6404 N011 NCO 110460 OITi L'SS N01W 0TN01w8E) O W111151 S EA5b011 COMA ROE Mi. OAx.C,7. NOICAT[S MICA. RICOROS RILUAVSCH CWRIY. MESAS x,cDA WGCATES YAJJAL3ON COJMIT DEED RECORDS [ N0MAh3 PROPERTY I1NE • RONALD eENDERSCN ET. AL. CALLED 92.15 ACRES TRACT NO. 4. DOCUMENT N0. 9 725161 O.R.W.C.1. _ N 6 9 . 14 . 49' C. 73' MAiERUNE EAStum? Nol 0.139 ACRES (4065 S0. FT.) 241.11' CONSTR(rCT)0H EASEMENT • RECORDERS MEMORANDUM All or pun of the at on chit page was 001 dearly legible for sadafstory record atioR. ACC ales rj(em "sr 2S' F1Sra/[1,rt w SCSI. I• + 100' ale .ILNL 1100 ORA1111 Cn /L 0x1090 81. SAL MARGARET 0. NASH VOL. 807 .9. 357 W.C.D.R. EAS itl IEIVENT -- 7Lys Lsg .5 RE3191411015i RD. (=DM RD. ND. 111) 17114 WASS P.O.C. SKETCH or 3'.ta Ve sa C55 AND Cn0 M I N I Not 0316 1074. SRO 7.T.ST, DATE 4110. ATM. NAAS 711734 TILlYwot all) sot-oin, I'm (sin 617-1.1711 0.41.4 4R444,404,44on run ACCESS AND CON ucTION EAGEM NT No2 JS WM SURVEY A-502 Joe 1' 417 -731 ra. I: 1VA GO Mr. NwoxH 64 LEGEND: P.O.& POINT E BEOA1180 P.O.C. POINT Or COd10112110 • I/2 17101 WON R00 FOUND (UNLESS NOTED 0D101w1SE) 0 'NOGTES E ASO4NT CO/NM NOT SET. QRWC.T. 7TR4GTES 05T1OAl RE00•OS 54044ISO4 COUNTY. TEXAS 2LC.DEL INOIGTES 504444SON COUNTY OEM RECCROS W.C.P.R, INDICATES IRLUAIISON COUNTY PLAT REC01105 P,UX. INDIGOES PUBIC UTILITY (ASO4e(L 0.E RC no,- .4 01X TACT /N. •• 13.15 ACR0S IOC No. 9735x4 0.4.0.1.7. N 1873'31" 9r 25.02' MOULD B51 OOISON RANDALL D6O4 DCC No. f 7155163 o.8 w.u. 5 15'33 E y ,D? AOCEnE CONTTRUCTTON .00'1 AS 0 , D " T 25' WATERIJNE O E .SEMENY ACCESS CoNMOC ON EASEMENT J. S.. PATTERSON YALLtAAISCH COUNTY, ToxAS SSbb S R'C• I C. PROFE55iONAL SURVEYORS 5714 4077. 190 MST, SORE 460 T(L(PNONE (512) uo-ons2, FMM (572) 079 -0180 40. 4i 417 -731 Fa WA 040 00 4 1 775 1 8 0 401PM3ANC N 1813'31" Ty 33.02' INDIGOES DRNNAO( EASEMENT. orommIS PROPERTY LINE 2 1513'01" E 23.08' *04740 RONALD 704001504 RW404LL BMU{ASOW 04210 R •AAUX 7RA0r Na 4 10.15 AOl(5 DOC 11. 4715454 oxr. c.4. P.O.B. zsEw . MI5 SKETCH Or (400047 6 ACCWAAN08 TIy A WWII RCM 00 - .. 1 SWIMS MC 9I TOWS Or SCAR 9401( COO1004415 413181 TOL*S {WIN* 2011 W T R. Of / A (5 TO MAL (X1.8[511 145. SUM 71Z1. Mama 110474 +45(174 OCO W 44N*TOC 174 0■ 040404 mow N o3n170053. ='ORDERS MEMORANDUM or parts of the text on this page was not :early legible for satisfactory reco -A --: - (CAC IT • t0 IAR. 0.4s. 2000 O AAi. 10 M. 04(O4m Tr DUA P. 0.C. W60061 1 6436 yOAK! ec1 AntES RAOC 315 4.1.5.8. ,,,,v, i , / / / j � j j f '� , 1 , 2,..„se, xrl, Frya { > 1111 Tara !LUAU I 43 nlkf ts. 1'. ,3 24:15; N Inv room. lotto norm moat meas SANITARY SEW KAN FOIL a on AK rat aemv .ER nm fuox m mmanramrnm a sau oc er EXBXeIT CM OF WATER teAN51A RS SS TN MA aiy OF GEORGETOM WINDMILL HILL OFF PHASE SANITARY SEWER PLAN & PROFILE TOMS • C15 Ern A Air . ■■ METH MEZIOY El M nu u,, 9�iAH ,\---i o 5 4 '' 2 o o 4 SLIM r.svo COY OF GEORGETOWN ,ELe WINDMILL HILL OFFSITE UTILITIES GRAVITY SEWER PLAN & PROFILE • :zun scum AS bIm rat ea 4115.506.0 9trt MO. c IlIttt..10.1191 WOW SIATE cxeinir -C- ( 01 098 S 10117 10 941 C6 SO IF PIAY. 1324.15' RECORDERS MEMORANDUM All or parts of the text on this page was not clearly leeible for satisfacrnry rernrrlarinn WESTINGHOUSE ROAD 511.... BECIBIN 1114903.06 MAYOWE u PPE a NMI WNu.1 nob PVC VOW SOM. al WI= 9nen BRAM oa i11T9 ennav 147.1111B110. m r MEM 11 ° s ` : M ir nn 0 mrt. 'mmn s*Q1111 WOMB SS NC-MOM 61OME Wela r.oaaam 6006HM011SOMME BMW 1193010 TO x nwnon BC 1371 Or 111110270001 11e 5*01 1. benem la r AM M. PI C 1 m a � taN afE MIN w BC tl16RU[RM M: MCAT= NUBS 01111100123111.1702T 9n4T E 61011100. 1aR IMMO( 1.10111. SNON WW1 We 101i LIMB c- 1 � g 4K Vale �r—a.— IKfYH Ya1M[ —5. INrdy69a11 WP sem ALT tlMI B1IDe CM OF ROUND ROCK WATER TRANSINSSIOH MAINS Z Kee= SIBEC1 una 11'f.1Y1n.a9961[dn MY. I.0.71011 Po .0131¢10 6, •1® EXHIBIT 'D' • CM' OF 0IOR{0TOYM WINDMILL HILL UTILITY PLAN PHASE 1 WAS • girls 2/21.1 soak MO' .aaA 2001027706 20 pes TEMPORARY ACCESS and CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF WILLIAMSON See Exhibit "A" attached hereto. 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 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: 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 IC7 day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE STATE OF NEW YORK After recording please return to: 0 , Brown McCarroll Sheets & Crossfield, LLP 309 East Main, Round Rock, Texas 78664 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: �a�^�' ►t David H. Baldauf, Trustee BUFFALO WESTINGHOUSE ASSOCIATES, LLC By: 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. I/ _.! ork Notary Pu.j c, State of New NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Reg No,01SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 2/)22 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. Lb N (kOAy , / - Notary Pub , State of New ork NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Reg No 0ISC6006469 QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 2_CO 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 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 0.870 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 1/2-inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald I3enderson 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, 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 POINT OF BEGINNING of the herein described easement, being 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 corner 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 571.65 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 F acre tract and being the southeast corner of a called 13.37 acre tract described in decd to etter 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 Iine of said 13.37 acre tract and to a westerly line of said 92.15 acre tract, 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%16/2001 MON 18:23 FAX, BROWN McCARROLL SHEETS & 2. North 64 °59'55" East, a distance of 165.58 feet to an angle point; 3. North 69 °44'49" 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 3.35 acre tract; THENCE, South 18 °13'31" East, along the westerly line of said 3.35 acre tract, a distance of 33.02 feet to the POINT OF BEGINNING and containing a computed area of 37,897 square feet or 0.870 acres of land more or less. A separate sketch of casement 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 2of2 PARIA.doc Q10 04118 /2001 MON 18:22 FAX BROWN McCARROLL SHEETS & Prepared By: SVRVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 lime, 2000 Metes and Hounds Description • Accts And Construction Easement No.1 0.185 Ames (8,068 Sq. Ft.) Bring an easement coatainiag 0.185 Acres (8,068 Sq. Ft) of land situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being • portion of a called 92.15 acre tract described as Tract No.4 to Ronald Henderson in deed record trader 1 >aLOXImt No. 9725164 of the Official Records William-50U County. Tenn (o.RW.C.T.). Said 0.185 awe easement being • Texas more a to described by metes and bounds as follows with all battings mfwraced to the distances recited Coordinate System, Central Zone in terms of NAn83/93 datum, rod= • herein may be converted to grid by multiplying by the combined 0.999870053: factor of COMMENCING for reference at t4 -inch iron rod found wog the a d ease com of Mid 92 .15 acre tract also being the southwest come of • called 200 acre tract described In Ma Margaret a tae a! in M�od =dwell' in Vole 802, Page 355 of the Williamson County Dodd also tightof - -wto• line of Weaanghopaa Road (Comity Road 111); THENCE, South 74 '14'19' Wart, creasing said 92.15 acre tract, a distance of 245.09 fat to the POINT OF BEGINNING of the herein described easement and being a point in a nmthcr(y right-of-way line of Westinghouse Road; THENCE, South 69°44'49" Wert, along the line common to said northerly right -of- -way line and to t h e s o u t h e r l y lino of said 92.15 ape tract, a distance of 245.83 feu to the southeast comer of a called 335 acre tract conveyed to Ronald Henderson by deed recorded under Document No. 9725163 of said O.R.W.C,T. and being an interiors comer of said 92.15 acre Mitt; THENCE, North 15 West, along the line common to the easterly line of said 3.35 acre' tract and to an Interior line of said 92.15 acre tract, a diseaaco of 33.11 feet to the northwest comer of tho hereto described easement • THENCE, crossiag said 92.15 acre tract the following two (2) courses: 1. North 69.44'49" East, a distance of 243.15 feet to the northeast corner of the herein described easement; 2. South 2012'12" East, a distance of 33.00 fat to the POINT OF BEGINNING and containing a computed area of 8,068 square feet or 0.185 acres of land more or lest. A sepmato sketch of easement accompanies this metes and buds description. Page IofI PAR/.dm l012/018 • 04/18/2001 MON 18:22 FAX. BROWN McCARROLL SHEETS & Metes and Bounds Description Access and Construed= Easement 0.152 Ages (6,611 Sq. ft) Being an easement containing 0.152 acres (6.611 squaw feel) of land situated in 1. S. Pattorsoa Suney, A -502 of Williamson County, Texas and being a portion of a called 335 acre tract described in deed to Roneld Henderson ct al recorded trader Document No. 9725163 of tho Official Records Williamson County, Tuns (O.R.W,C.T.). Said 0.152 ace easement being mom particularly desanjed by metes and bounds as follows with all bearings referenced 1060 Texas Stets Plane Cootdiaye System Central Zone in tames of NAD83/93 datum, surface distances recited herein may bo converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference u il inch iron rod found marking the southeast corner of a called 92.15 ace Once described in dad to Ronald Bendaeon et al tecceded under Document No. 9725164 of said OR. W.C.T., also being the southwest comoc of a caged 200 acre tract described in deed to Margaret M. Nash reauded is Volume 802, Page 355 of the Williamson on County Deed Records also befog apoint in a northerly right-of -way lux of Westinghouse Road (County Road THENCE, South 71 ° 59'21" West, crossing said 92.15 acts had and a portion of said Westingholtso Road right-of-ray, a distance of 490.54 feet to the POINT OF BEGINNING of the bra"m described eosemcet, being the southeast coma of said 3.35 ac c tract nod an interior comer of said 92.15 acre tract; THENCE, South 69'44`49" West, a distance of 199.57 feet along the line common to said 3.35 amo tract and to Laid Westiogbonso Road right -of -way line to the southwest sae tract and being an interior riorpoint of said 92.15 acre track coarser of said 3.35 THENCE, leaving the right-of- -way Hoc of said Westinghouse Road and following the westerly properly lino of said 335 acre tract, North 18'13'31" West, a distance of 33.02 feet to the , northwest corner of the herein daxtrbed casement; c THENCE, across said 3.35 ace tract North 69M4'49" East, a distance of 201.12 fat to a point on the easterly lino ofaaid 3.35 ace tract; THENCE, following the easterly property line of said 3.35 acre tact,'Soutb 15°33'01" Est, ■ distance of 33.11 fat to the POINT OP BEGINNING and contain' iiog a computed area of 6,611 square feat or 0.152 acres of land mote or Ins. A separate sketch of casement accompanies this metes and bounds description. Prepared By: SURVCONINC. 5316 Hwy. 290 West, Suitt 480 Austin, Texas 78735 Job No. 417731 MAY, 2000 0011/01i TABL WANG N 6159'5 coin tuCf)DEi EASEMENT W/hTCpRET SKETCH AEM 54 ACCCS �A o COHS} r Na 0.165 ACRES (8,068 80. IT 25' NA £ 2 5 5 S 544 0.850 ACRES 26,299 50. D7, ACCESS 01740 OON UCRON CASEM NT N42 0.670 ACRES 37,697 50. r7.) JS PATT SURYLY A -502 V6lUWnon COUNTY, TEXAS SURVCON INC. PR00r.590REL SURVEYORS 5316 161!. 350 Stol, 0012 410 1U 6O6t (6P1) - pl o t 54 (017) 011 -1710 000554 00 K aEOQG 0!. 54 5C4.R O'TD AWL 7000 .'C6 is 117 -731 1. t N/A • n?CH CoSC R0. (65210 A0. 140. MOTH WKS) NE S 6 7 RONALD 8097055SON ET. AL CAUEO 92.15 ACRES TRACT N0. 4 DOQUMENT N0. 9725184 0.R.W.C.T. 0.650 Al WATERLINE 28.299 SO. C 164.91' N 80'44'49' E B76.10' CHARLES J. JONNS0N CALLED 60.0 ACRES TRACT N0. I VOL 848, PC. 517 W.0 OA. 7 A$3EN5 6 AtCNMOtD K 51754410 00172 MO 002007 D130111 07401. WKS- 9 TOLLS CO 5107( FLAK 40000154E 6/1TEY, MO 0011100 NONE 180 C01YONm 10 4 gY Y BY NC ODY6NN rKT 6 99141 5 07/ 0J111141035.1. LEGEND: P.O.A. PC711 OF (1013100W0 P.O.C. DOM OE CCLN41CM • I/O NON RON 6O0 rape (UM6s 907[0 08101655£) O 54022105 EA54.50 5 [0120251 NOT SET. 0 56.W.C.0 5452705 117710A5. 0700600 54420055 OOUNT7. 157015 W.C.DX 010221[5 WA5IAY3ON COO TTY DECO REC005 C 5401DA1E5 PROPERTY NNE ROWED BENOERSON ET. AL CALEOD 92.13 ACRES TRACT N0. 4 000UMENT NO. 9725161 O.R.W.C.f. _N 69 ' 4 4'49' C. RECORDERS MEMORANDUM All or parrs of the text on this page war nor clearly legible for sadsfutory rewrdation. 25' WATERONE EASETAEM Nor 0.134 AGREES moo SO. TT,) 241.11' pR74tNC EASEWENT 742X19 E_S'.W' GALLED Oo ACRES VOL. 802, P6. " 355 W.GD.R. CO 1 cm 25' W/�A�TpE�ERU(N�E¢ DEASEMENT ) ACCESS'AHO CON J . S15.PATTERSON S R Y SQ. — 502 PRLL)AMSON COUNTY, TEXAS • SR ' C• 1 C. PROFES90HAL SURVEYORS 0311 Mo. 710 MST, SURE 410 TE113NONE (110) PU- 1 (A C(013) 021-1330 • serf ltlWMeK LEGEND: P.O4 PONT or SEONIINO P.O.C. POINT Of COM:HONO 1/2 INCH LR011 ROD FOUND (UNLESS NOTED ODIERRISE) O SNOICATES EASO/IMT COINER NOT SET. O.RW.C.T, R:CATES OITTOAL RECORDS 711WNISOH OWHTT, TEXAS WCDR. INOCAIES 119L1A15ON 00144477 OECD RECORDS W.CA.R. INDICATES %WATSON COUNTY PLAT /MOWS P,UE MOUES PUSUC UTILITY CASOAD(T, DE INDICATES ORAINAOE EASEMENT, t WDICATES PRCPERTT LINE • R 1 3 LAN- ,( 644131 MKT IH. E' AGMs DOC H 5 o. onsicf OR.XLT. N 1913'31" W 25.02' N 1913 1T 33,02' gO11Er 0ON X 77 5 410 'D00 No. 1725113 DA.ri.CT, A9 5 1533'01" E ,25.00' WALD 1001:4011 WILMA NOCCI N 1140 N I14LVY a • DOC N> 1125114 OAN,CT, 25 E • WHIR Tut 010104 DE LASEMNT 6 mcc4.19/10 17 A SEP000E MOOS AHD :. 1. MAIM IAC It ISAAS Of sun r1A E commix 51570 41240 M ma 0/ 1 401 4 3/4 DAIUM. 4014300 M LAS. D.41 ITEI 037.70E S IENNH0 014 NO BE Kt4WnD TO TIRO M 1.4114444 ff IIID 00 S(00 rac10R of 0.511417 0353. RECORDERS MEMORANDUM All or pans of the text on thispage was not clearly legihle for satisfactory recordation P 0.C. CAD TILL CHECKED Mf DCA 417701\03'0 \70024440 THE 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, anon-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: EXHIBIT `B" WATER LINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: (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 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 fencc, 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; (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) 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) (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 'sJt1 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: 1 /1/vJ 4 / e L David H. Baldauf, Trustee BUFFALO WESTINGHOUSE ASSOCIATES, LLC By: 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. h� ftQ Notary Pu State ofNel York tJ adA& �� Y Notary Pu c, State of New l.rk STATE OF NEW YORK NANCY MARIE SCALZI NOTARY P08110. STATE OF NEW YORK Reg No 01SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 2 Ci02 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Reg 14o 01SC6006469 QUALIFIED IN ERIE COUNTY My Commsson Boles May 202 Prepared By. SARV CON 1NC. 5316 Hwy. 290 West, Suite 480 • Austin, Texas 78735 Job No. 417 -731 24 February, 2000 EXHIBIT "A" Metes sad Bounds Description 25 -Foot Waterline Easement 0.116 Aria (5,043 Sq, Ft) Being an easement containing 0.116 acme (5,043 sgtmre feet) of land situated in J. S. Patterson Survey, A -502 of Williamson County Texas and 'being a portion of a called 335 ace tract described in decd to Ronald Bendetaon et al =corded under Document No. 9725163 of the Official Records Williamson County, Texas (O.R.W.C.T.). Said 0.116 on Waterline easement being more particularly dumbed by metes and bounds as follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zone to tams of NAD83/93 daaan, surface 'distances rested herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Yrinch iron rod found maddng the southeast comer of a called 92.15 tae tract described in decd to Ronald Bcndason et al recorded tinder Documad No. 9725164 of said ORW.C.T., also being the southwest corner of a ca0ed 200 acre tract described in deed to Margaret M Nash recorded in Volume 802, Page 355 of the Williamson County Decd Records also being a point in a northerly right-of-way l of Westinghouse Road (County Road 111); THENCE, South 71°59'21" West, aoasing said 92.15 an Cud and a portion of raid Westinghouse Road righto{'way, a distance of 490.54 fect to the southeast comet of said 335 acre tree; THENCE, North 15 °33'Ql" West, along the easterly line of said 335 acre tract, a distance of 33.11 feat to the POINT OF BEGINNING of the bevdn descr easement; THENCE, South 69 West, across said 3.35 arse runt, a distance of 201.12 feet b a point in the westerly line of said 335 acre tract and being an interior line of said 92.15 acre tract; THENCE, North 18°13'31 West, along the line common to the westerly line of said 335 acre tract and to an interior line of said 92.15 sere tract, a distance of 25.02 feet to the northwest comer of the bcseut dcsrnbed eascracsA THENCE, North 69 °44'49" Fast, crossing said 335 ate tract, a distance of 202.29 feat to the oortheast corner of the herein described easement and being a point in the easterly line of said 335 tae tract: THENCE. South 15°33'01" East, along the easterly line of f s 3.35 arm of 5 a distarice of fed 25.08 feet to the POINT OF BEGINNING pod containing p or 0.116 acres of land more or less A separate sketch of easement accompanies this metes and bounds desesiption. • Page of P.tJttdoe 04716/200l HON 10:.22 FAX BROWN MCCARROLL SHEETS & Metes and Bounds Description Waterline Easement No.1 0.139 Ames (6,053 Sq. Ft.) Being an easemeot oonraining 0.139 antes (6,053 square feet) of land situated in the J. S. Patterson Swvoy, A - 502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Bendetypn in did recorded under Document No, 9725164 of the Official Records Williamson County, Tent (O.R.W.C.T.). Said 0.139 acre casement being more particularly described by metes and bounds as follows with all bearings referenced to Texas State Place Coordinate System, Central Zone in • smthoe distances rafted herein may be converted to d terms of a combi actor of 0.999870053; by multiplying by the combined factor COMMENCING for reference at Winch iron rod found marling the southeast corner of said 92.15 acre tract also being the southwest comer of a called 200 acre tract described in decd ter Margaret M. Nash recorded In Volume 402, Page 355 of the Williamson Comity Docd Records also being a point in a northerly right -of -way line of Westinghouse Road (County Road 111); THENCE, South 74°14' 19" Wert, crossing said 9 tae tact, a distance 0( 245.09 feet to a point in a southerly line of said 92.15 sae tract; • THENCE, North 20 ° 12'12" West, a distance of 33.00 feet to the POINT OF BEGINNING of the herein demdbad easement; THENCE, South 69 °44'49" West, crossing said 92.15 acre tract, a distance of 243.15 feet to a point in the easterly property line of a called 3.35 nee tract conveyed to Ronald Bendexaon by dad recorded under Document No. 9725163 of said TRENCH, North 15 ° 33'01" West, along the line common to the easterly line of said 335 sae tract and to an interior lino of said 92.15 note tract, a distance of 25.0E feet to the northwest coma of the herein desaibcd easement THENCE, crossing said 92.15 nere tract the following two (2) carries ,,. 1. North 69°44'49" Fast, n dista0oe of 241.11 feet to the northeast corner of the herein desen'bed casement 2. South 2012'12" East, a distance of 25.00 feet to the POINT OF BEGINNING and containing a computed area 016,053 square feet or 0.139 aces of land more or less. A separate sketch of easement accompanies this metes and bounds description. Prepared By SURVCON B4G r: 5316 Hwy. 290 West, Suite 480t' Austin. Texas 78735 Job No. 417 -731 APRIL, 2000 PoBa Ja'j PAR1,dm Q1010/018 84/16/$061 MON 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 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 terms of NAD83193 datum, surface distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at % -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.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 Dead 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 feet to the PAINT OF BEGINNING ante 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 16558 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 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 Brie 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; p414 PARJA.doc Z016/018 04%18/$001 MON 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 feet to an angle point; 2. North 64 °59'55" East, a distance of 164.91 feet to an angle point; 3. North 69°44 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 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.(Z( O Page 2 oft PARIA.doc IJ 015/018 i ; f . nonwtc, KM "2° DII MS IT r.$14• as So wm ` • d'xr ' �� i. 1 t` onmxa+;- "? t. r tt'A 90 . , ` N�aT�l.wEi'•-• .,`i'. .`:`,•> 1 a '. p •ae •� i`� y ■ p -+. :� \ � i.„ N � : � - : . .: WES*)&01.1k wrNOUSE aoao -coiwrv•au m it ■■.■■■_■u. t . . . L COM name EMI rilli WE ..•41211 „IAA! . rit11111111 ,,,„.._.„,„„„,..0 ' ■i ., ...„ / •v■ F III" N • , on R eR c >w0 1•aD Sb0 E.E. .. SLEW g SANITARY SEWER PROFILE P01.11110 101[01 SANITARY SEWER PLAN SOLD PLO' RETAINS MN NE rai vmre SUET nrmrt. Rawl , » , nm n BE aara.n a rxa� sr MINER. MEV IV aa61WEfIaa EXHIBIT ' CITY OF ROUND PACT WATER IRA/MISSION MAINS RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. VOI CTY OF GM ICHOYM WINDMILL HILL OFF PHASE SANITARY SEWER PLAN & PROFILE TOMS C15 SOLEB ITEXIS FxF 441 SUTE EXHIBIT "C" as Of GE0116ERYNI1 7EYAS WINDMILL HILL OFFSITE UTILITIES GRAVITY SEWER PLAN & PROFILE • CBS w�. irsun IS CS 4w ell r 09.■14 EIZINEFM 7i/4 1 MIEZEW - -- iMilmmil Y eee Jn me ue4 xrm _ _ um wee S. R e• SOLEB ITEXIS FxF 441 SUTE EXHIBIT "C" as Of GE0116ERYNI1 7EYAS WINDMILL HILL OFFSITE UTILITIES GRAVITY SEWER PLAN & PROFILE • CBS w�. irsun IS CS 4w ell r 09.■14 I � DDt YEr r rY *mar 7.491030 • L 7. 7 .T'rr r.'r.'r'rr 1324.15' WESTINGHOUSE ROAD ati 61Y VW 169.37' 9 E N70•29'14'E SIM/ UM alm' DO MOHO Dams WTOINE C Val 1UDY Ca INC DM RL• Kt1EMIDE ID£ V HIOfno6 � T WOO 56I■6 COI. MLA vDYY Y S •1 UM 11•019 AD6. 1DE3D6 Yof1• E nt+•w •*10 3 •DOM 11O96a• M•M MT NU[MOO Ha P OND 1• 1711 or COVOEion Off,...1071115 961411Krie• 14 TO OE NOM DE ern• OF CISOOCDOON MHO A DE SORI OF [007.1101. SEE arnDnal DEHIa6 DOW a w u la 1.1De lane � 1 —Z• —w ua v muv N am wa DD eE -n MO. SOW vDa n• MR WOO ••a• S 101 T161 E21*! * 5 1131 MM mn OTT OF ROUND ROCK WATER TRENSNISS ON MAWS EXHIBIT 'D• • UTVOF GEORGETOWN WINDMILL HILL UTILITY PLAN PHASE 1 Gow• Lou 2/Den rdv C5 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 04- 25 -200I` 03:24 PM 2001027706 JACKIE $57.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF WILLIAMSON Grantor further grants to Grantee: WATER LINE EASEMENT 2001027705 14 P ' 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, anon - 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. (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) (f) 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) (f) 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; 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 ism day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE After recording please return to: By: 0 Brown McCarroll Sheets & Crossfield, LLP 309 East Main, Round Rock, Texas 78664 col qb 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 LAPj 'fit iL ® David H. Baldauf, Trustee BUFFALO - WESTINGHOUSE ASSOCIATES, LLC 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. A pr fl 4l, Notary Pulic, State ofNe 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- WESTINGIIOUSE ASSOCIATES, LLC. AIil/V /UM Pu c, State of New i,rk NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Reg No 01SC6006469 QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 2 b32 Being an ernamemt containing 0.116 acres (5,043 square feet) of load situated in 2, S. Patterson Survey, A -502 of Williamson County, Tens and 'being a portion of a called 335 acre tract described in deed to Ronald Beaderson et al recorded under Document No. 9725I63 of the Official Records Williamson County, Texas (0.1 .W.C.T.). Said 0.116 ace Waredine easement being mom partiaila(y desen by metes and bounds re follows with all bearings referenced to the Texas State Plans Coordinate System, Central Zane in terms of NAD83/93 datum. =face 'distances recited baeln may be convected to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference ra y inch iron rod found marking the sembeat corer of a called 92.15 acre tract described is decd to Ronald Bea ceeon et al secoieied under. Document 140. 9725164 of said O. LW.C.T., also being the southwest coma of a called 200 acre tract des ribod in dead to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Deal Records also being a. point in a northerly right -of- -way line of Warringbouse Road (County Road 111); THENCE, South 71'59'21" West, nearing said 92.15 acre tract and a portion of said Westinghouse Rood right- okway, a distance of 490.54 feet to the southeast comer of said 3.35 acre tract; THENCE, North 15'33'01 West, aloog the cutely line of said 335 acre tract, a distance of 33.11 fan to the POINT OF BEGINNING of the herein described easement; THENCE, South 69'44'49" West, across said 3.35 acre tract, a distance of 201.12 fact to a point in the westerly fix of said 335 aere'tmet and being an interior tine amid 92.15 one tree; THENCE, North 1893'31" West, along the line common W the westerly line of said 3.35 non tract and to an interior line of said 92.15 arse taut, a distance of 25.02 feet to the northwest coma of the hernia described emesnent; . • THENCE, North 69 Fast, crossing said 335 acre tract, a distance of 202.29 foot to the northeast corner of the herein described easement and being a point is the mealy tine of said 335 acre trac5 TTE14CE, South 15'33'01 Faso along the alsterly line of said 335 acre pact, a distance of 25.08 feet TO the POINT OF BEGINNING and containing a compusrd u° of 5,043 square fed or 0.116 amass ofland more or less A separate sketch of easement accompanies this mclos and bounds description. Prepared By SURVCON INC. 5316 Hwy. 290 West, Suite 430 • Awtht. Texas 78735 Job No. 417 -731 24 February, 2000 EXHIBIT "A" Metes and Bounds Description 25 -Foot Waterline Basematt 0.116 Aeries (5,043 Sq. Ft) Page 1 of I PJA2.dac 04 /16 /2001 16:2g FAX BROWN McCARROLL SHEETS & Metes and Bounds Description Waterline Easement No.1 0.139 Ames (6,053 Sq. Ft) Being an easement containing 0.139 aotea (6,053 square feet) of Isnd situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion ofa capcd 92.15 acts: tract described as Tract No. 4 to Ronald Henderson in decd recorded wads Dot No, 9725164 of the Official Records Williamson Comity, Texas (O.RW.C.T.), Said 0.139 acre easement being mote particularly described by metes and bounds as follows with all bearings reframccd to Taxes State Plane Coordinate Syaa m, Cmaal Zone in terms of NAD83/93 datum, surface distance recited herein may be convened to grid by multiplying by the combined factor 0( 0.9991170053: COMMENCING for reference at 14-inch iron rod found markieg the soothe st cornea of said 92.15 sae tract also being the southwest comer ofa called 200 acre tract described in deal tq Margaret M. Nash retarded In Volume $02, Pogo 355 of the Williamson County Deed Rsotds .1so being a point in a northerly rigbt.of- -sty line of Wcstimgbouse Road (County Road 111); THENCE, South 7494' 19" West, crossing said 92.15 sae tract, a distance of 245.09 feet to a point In a southerly line of said 92.15 sac tract • THENCE, North 20 West, a distance of 33.00 feet to the POINT OF BEGINNING of the herein described easement' T13ENCE, South 69'44'49" West, crossing said 92.15 oac tract, a distance of 243.15 feet to a - poiat in the easterly property line of s called 335 sore tract conveyed to Ronald Bemdasou by deed recorded under Document No. 9725163 of said OAW.C.T.; THENCE, North 15 Weal, along the line eommon to the easterly line of said 335 acre tract and to an interior tine of said 92.15 amt: tract, a distance of 25.08 fat to the northwest corner of the herein des a'bcd easement; THENCE, crossing said 92.15 acre tract the following two (2) courses: 1. North 69 East, a distance of 241.11 fat to the northeast comer of the herein deaenlzd maemeot; 2. South 2012'12" East, a distance of 25.00 feet to the POINT OF BEGINNING and containing a computed area of 6,053 square fat oe 0.139 acres of land more or 1tae. A separate sketch of easement accompanies this metes and bounds description. Prepared By SURVCON INC. 53I6 Hvry.290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 APRIL, 2000 • Pegs 1 al PARJ.drn a 010 /018 04'16/200.1• MON 16:21 FAX BROWN McCARROLL SHEE'T`S & 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 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 mctes 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 '4 -inch 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 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°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 °1311" West, along the line common to the westerly line of said 335 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 13.37 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 1137 acre tract and to a westerly line of said 92.15 acre tract, a distance of 25.04 feet to the northwest comer of the herein described easement; Pagel of2 PARIA.doc Q1016/018 04%18/2001 MON 16:2; 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, o distance of 164.91 feet to an angle point 3. North 69 ° 44'49" Fast, 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 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.f2( Page 2 opt PARIA.doc 1015/018 NE 2 S 10 RONALD BENDERSON ET. AL. CALLED 92.15 ACRES TRACT N0. 4 12091./MENT 140. 9725164 0.650 WATERLINE 28 EASEMENT No2 C 164.91' TINTNGUSE RD WNW' R0. H0. MOTH OS ACCESS AND �70 ACRES ( S FT 62 CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT N0. 1 VOL 846, P0, 817 00.0.D.R. H 69'44'49• E 876.10' 100J010 C 1.1100000/010 17 3001111E VMS AYO 100103 01390577102 moos I4 rows 0r sun HAY 00010701E 310104. 117.13 COM& 20. f BC COMM 10 Po 0 of Y j�WO if INC 0016100 /3001 C0 0001 WW1 0.10603331 •0 CHARLES A J00N6044 CALLED) 60.0 ACRES T11 NO 1 VOL 846. P0. 817 N.C.0,11. LEGEJIO. 7.09. 70111 Of 000003015 P.O.C. PM Or CCWINCHO • 1/2 1101 RCN ROD rem 0011515 1401557 011117000) O 01IXC0103 EASELVIT MINER NOT SEI. OJLW.GT. 110101105 anew. M00R05 muluts01 want, 1E345 N.GDA 010107715 1 =NTT DEED RECORDS E 210104705 PROPERTY 011E • RONALD BETLDERSON ET. AL. CALLED 92.13 ACRES TRACT 140. t OOOUMCIR HO. 9725164 6 9 1 41'49' C. 241.11' o6. ✓ _ 6 CONSTRUCTION EASEMENT 25' 0.130 1 A .055 5 O. N61 (6.00.7 0. 1T.) • RECORDERS MEMORANDUM All or pale of the tat OD thuplge was 001 deuly legible for satisfactory tecordldoR, CAL L 00 AC VOL. 802, PO. _ 335 W.CD.R, EASEMENT TCRt1NE zafir w 2,5W 100517 01107/7C 10. (COUNTY NO. N0. 111) 011 MKS P.O.C. � y J9 yµ7p SXETCH1 03 4' S 1 I ACRES 716,05O, IT ACCESS AND Cp�� CTION TAST4 7 NaI 0.163 107710 (8 068 5)4 R, 0.650 ACRES 2 6,299 S0. 7 ACCESS AN C U CTION . 07.) NE Net 0.870 ACRE 27 ,897 S0. 17 JS PMT SURVEY 01.502 YALLUEI950 COUNTY, PEWS SURVCON INC, PRC*FSAOHIL SURVEYORS 3311 HMI. 730 MST, SUM 410 1400101(0 (3171 171140 76731 I NImen tern 109 -120 SUM P . 100' JOD (: 417 -731 10101 .70(71 F.D. J 11 • 5,1001 00 N. 031.020 e0: OY 413731 \0M0VNr 4 z a o . LEGEND: P.6B. POINT OF BEDATaOC P.C.C. PANT OF COWDIONC 5 1/2 INCH IRON R05 FOUND (UNLESS NOTED OTHERWISE) 0 INDICATES EASZS11T CCR)1ER NOT SET. QAW,C.1. INDCATES OTDAL RECORDS M UAAIS011 00INTY TEXAS 1SC.DR OIOCATES 1RLLIAUSCH COUNTY DOM RECORDS W..CP.R, I/4204705 IRILIAUSON CCUNTY PLAT REC0N00 PILE WOC.ITES PUBLIC UTILITY EASUADIT. D.E. IN01CATES ORNILICC EASE1NENr C INDCATES PROPERTY NINE it/ DF1tlf M DA.. F BNDWP TRACT Ns. A• 12.15 ACRES O00 NA Brillµ 0 N IBi3'3t" w 25.02' 25' wATERL) VASE S ACCESS AND ON$7gU ON EASEEJ4NT J. S . ATTER V A-5 02 WILLSA .S0N COUNTY, TEXAS S R I C. PROFESSIONAL SURIEYWLS '"T NAV. 210 71ESE SWIG 410 041.05NONE 012) AUSTIN. TAR (512) LW-MO • . 10.4 .A. N 1513 W 31.02' 5 157301" E x25,05' 4 (5 At At D. R NA sotaso B( N 00410 7 4A1. TRACT N.. 4 02.15 AOIQ DOC NA 5n.1N ' DAw'.C.T. P.0.8, 25 E w AENi NOTt'A 1. nut 501771 Or MOOR E AIXCWAMD 17 A SLPAIU17 NDES 1 IKAANCS MC I. Imes a 61474 771,24E COpg5M11 0o1, TORS GOOIUL 2071( 4 T0115 or 79455/53 002911 WIC= PI V.S. RAE, IRA. D6LICE 9.3o 4WIE N UAY 10 CCANIATTD To awl n ILATPLTNC 45 n.r =I W O FACAM OF 0J1557OD3T. RECORDERS MEMORANDUM All or parts of the text on this page was not '!early legible for satisfactory record. P.O.C. KNICA 1 Y. 1NA511 +uKRO IOC 0.00A. GD 0161X2 Bn CIA 417731 \ON \PM2ANC 'f // T � r f �' j li, .i j 7 1 � ` f • 1 � I ! • fr r , an mo w' fir!• ', � \Rio; ; � ' ,\ MI MILO DX SW. war.ax•.a mesas , OW ti. +4.n¢ \ " MA BiAEBi ` •, ,�� ~ ._ u_'_ ara ''. •'! •Y .a a ■ ■ i �� L...16: ammo r/ Ru•�_a_ , ••'e,, N z� •,• ----- r te " T -4 one .�, e _ � . . WES WGHO S E sa4D Th it f9 `s' �� M1' Qf CA =R- MAIM VZ% ...,- RON • t 4 mo, Efal TEA aanm atuE IIai 1 WO Olaf ; r� /J LE Y. URE 1 I NS T MUTION im i gm MR 411111 1al r r...a 1 ._ ■ ■ x _. r o - b-mrfi■Talig M WfU fNl fff MOD SEAM SAEYTARY SEWER MOTILE SOLE: car.rs• .• 61RII. MA' lvnl . I SANITARY SEINER NMI SCIal r Iffra WINOS LOCATION TO re A Alai TO 1:01611.7101. 1:01611.7101. iID. OGO. CRY OF GEORGETOWN WINDMILL HILL OFF PHASE SANITARY SEWER PLAN & PROFILE MICAS c..+a• a ate troTTse nu MEI O. C15 3PrIDEME MS. UMW- CONTACT ras `LMI9.9'Qe WO .TION M SW= wrl _ _,..,,,„,,.,..._ I _---............01....r_.....a.,...-- 1111,' Nie*. x 41 IESTIMINSC Nag LW B F N.10: Minnie Knox STATI EXHIBIT "C" CRY Oi GEORGETOWN TEXAS WINDMILL HILL OFFSITE UTILITIES GRAVITY SEWER PLAN & PROFILE WU. AS MOM el Nu .15-,60111 CS 51117 C5 you PI PCP • RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. WESTINGHOUSE ROAD 11;,... 169.37' N70'29'WE I 4 STAR US LnlgU1N DO SERPA M. MMDU CC EXBIBIT •D' PPE 7.m 6.5• ago me 765 A.qu6 a MOM sum »awm..mSEDT moan IalmmDE IM../ 11510111m ,6m17 CM. 23nn5 Kr= tflammul OF r u Da WO OTT. Suarav 504 AR A M +0011$ ut uMME OOOSC 4065.0' ZOOM SUMP MITT UMW TO 70 ROM n CDT Or =MOM 51GY1 u75D11i.e 551111/10. WINOS 10 s N55553 IT 5E act OF E[06Ylgu EV0 A M 51u17 R CO61ME110L gH 561015.21 BET112 m10.L1651111111106 DOM 21501 rE r21 mH m116alTl0K 017 DM11II 691®4 IDOL WOE um con - S 1 SimI SEER OW DOOM COIL ONTO . 5.11 . 55.1 MY OF ROUND ROCS WATER TTWMSMISWON MAWS IOC COCO 4E55 ream MR MIT 760 • 1•5.25•0515.0 5015 .55E maT1W 10 E 0705013 a m.D COY OF GEORGETOWN TEEM WINDMILL HILL UTILITY PLAN PHASE 1 • 3014 r.5p 1 C5 ULLU AO RECORDED OFFICIAL PUBLIC RECORDS 04- 25 -200F 03:24 PM 2001027705 JACKIE $45.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS R. \He00CS \RRSOLVPI \R00611C.16 /cdc RESOLUTION NO. R- 00- 05- 11 -14C16 A 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 .324 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 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. 47, City Secretary CNQIST/NE AVE /NE2, 4557. 4 RO- •T A. STLUKA, R., Mayor City of Round Rock, Texas Metes and Bounds Description Public Utility Easement 0.324 Acres (14,121 Sq. Ft.) Being an easement containing 0.324 acres (14,121 square feet) 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 0.324 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 %a -inch iron rod found marking the southeast corner of said 92 15 acre tract 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 74°14'19" West, crossing said 92.15 acre tract, a distance of 245.09 feet to the POINT OF BEGINNING of the herein described easement and being a point in a northerly right -of -way line of Westinghouse Road; 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 92.15 acre tract, a distance of 245.83 feet to the southeast corner of a called 3.35 acre tract conveyed to Ronald Benderson by deed recorded under Document No. 9725163 of said O.R.W.C.T. and being an interior corner of said 92.15 acre tract; THENCE, North 15 °33'01" West, along the line common to the easterly line of said 3.35 acre tract and to an interior line of said 92.15 acre tract, a distance of 58.20 feet to the northwest corner of the herein described easement; THENCE, crossing said 92'15 acre tract the following two (2) courses: 1. North 69 °44'49" East, a distance of 241.11 feet to the northeast comer of the herein described easement, 2. South 20 °12'12" East, a distance of 58.00 feet to the POINT OF BEGINNING and containing a computed area of 14,121 square feet or 0.324 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 PARl.doc T6: 4 WESTINGHOUSE RD. (COUNTY RD. N0. 111) (WIDTH VARIES) UNE TABLE UNE LI L2 13 BEARING N 15'33'01' W 5 2012'12' E N 7070'47' W DISTANCE 58.20' 58.00' 70 64' L4 N 7748'06' E 91.40' 15 S 1913'31' E 58 04' CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT N0. 1 VOL 848, PG. 817 W.C.D.R. RONALD 6ENDER50 CALLED 92.15 ACRES TRACT N0. 4 DOCUMENT N0. 9725164 O.R.W.C.T. TRACT PUBLIC 2 1.520 ACRES (66,19 ) 64'59'55' E 14 6 9'44'49' E THIS SKETCH OF EASEMENT I5 ACCOMPANIED BY A SEPARATE MBE5 MD BOUNDS DESCRIPTION. BEARINGS ARE IN TERMS OF STATE PLANE COORDINATE SYSTEM, 11YA5 CENTRA ZONE W TERMS OF NAD83/93 D.AWM, °TRESSED IN U.S. SURVEY FEET. OSTANCE SHOWN HEREON MAY BE CONVERTED TO 61110 BY MULTIFORM BY THE COMBINED FACTOR OF 0.999870053. LEGEND: • P.0.8. POINT OF BEGINNING P.0 C. POINT OF COMMENCING • 1/2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE) O INDICATES EASEMENT CORNER NOT SET. O.R.W.C.T. INDICATES OFFICIAL RECORDS WIWMMSON COUNTY, TEXAS W.C.D.R. INDICATES WIWAMSON COUNTY DEED RECORDS W.CP.R. INDICATES 1NWAMSON COUNTY PLAT RECORDS P.U.E. INDICATES PUBUC UTILITY EASEMENT. D.E. INDICATES DRAINAGE EASEMENT, C INDICATES PROPERTY UNE S 64'5 ' 164.91' 258 81' 876.10' S 69'44'49' W - RONALD BENDERSON ET. AL , CALLED 3.35 ACRES TRACT N0. 4 DOCUMENT NO. 9725163 O.R.W.C.T. P.O.B. 5 6 9'44'49' W 245.83' N 871.65 71'20'27'7f, 690.01' , 04 6 9'44'49' E 241.11' CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT NO. 1 VOL 848, PG. 817 W.C.D.R. RONALD BENDERSON ET. AL. CALLED 92.15 ACRES TRACT NO. 4 DOCUMENT NO. 9725164 O.R.W.C.T. TRACT 1 0.324 ACRES (14,121 EASEMENT P.O.& MARGARET M. NASH CALLED 200 ACRES VOL 802, PG, 355 W.C.D.R. P.O.C. 74 =4 4.19'= 2 =5.09' WESTINGHOUSE RD. (COUNTY R0. NO. 111) (WIDTH VARIES) PUBUCSUTTILIT OF ' EASEMENT TRACT 1 0.324 ACRES 14,121 SQ. FT.) TRACT 2 1.520 ACRES 66,196 SQ. FT.) J.S PATTERSON SU A -502 WIU.IAMSON COUNTY, TEXAS e , SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST, SUITE 480 AUSTIN, TEXAS 78736 TELEPHONE (512) 899 -6282, FAX (512) 899 -9390 EMNIR ou,DnOsurveon corn SCALE: I' - 100' 708 61 417 -731 DATE: 24 FEB. 2000 F.B. /: N/A DRAWN BY NH CAD FRO CHECKED By OJA /NH 417731 \DWG \PART—AMC DATE: May 5, 2000 SUBJECT: City Council Meeting — May 11, 2000 ITEM: 14.C.16. Consider a resolution determining the public necessity for acquiring a permanent easement in 0.324 acres (14,121 square feet) 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; 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.