Loading...
R-00-08-10-10B4 - 8/10/2000RESOLUTION NO. R- 00- 08- 10 -10B4 WHEREAS, in order to prepare for the construction of the westbound SH 45 frontage road project, it is necessary to obtain the right to possession and use of certain property belonging to MB Boardwalk Management, Inc., et al, and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Possession and Use Agreement for Transportation Purposes with MB Boardwalk Management, Inc., et al, to grant to the City the necessary rights for the construction of the westbound SH 45 frontage road project, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered R:\ NPOOCS \RESOLOTI \R008100<.HPO /OC and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 10th day of August, 2000. ATTEST: E LAND, City Secretary 2 4 ' ROBERT A. STLUKA, '., Mayor City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement for Transportation Purposes (this "Agreement "), effective the 10 day of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City "), and the grantors described below (the "Grantors "), the Grantors grant an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map (attached hereto as Exhibit "A ") and made a part of this Agreement by reference (the "Property"). The net proceeds payable under this Agreement will be paid to the following tenants in common in accordance with their respective ownership interest in the Property as set forth below and referred to herein as the "Grantors ": MB BOARDWALK MANAGEMENT, INC. J. VAUGHN BROCK MARK DENYER MB BOARDWALK, LTD. LAURA MILLS NAISER AND MATT NAISER, jointly LAURA MILLS NAISER LYNETTE MILLS 1992 TRUST RIVERCREST PROPERTIES, LTD. J. VAUGHN BROCK, as trustee for KELSEY FAMILY TRUST J. VAUGHN BROCK, as trustee for SPAVINAW PARTNERS LIMITED PARTNERSHIP J. VAUGHN BROCK, as trustee for J. VAUGHN BROCK CHILDREN'S TRUST J. VAUGHN BROCK, as trustee for J. VAUGHN AND JERI BROCK RICHARD SLAUGHTER, as trustee for THE AUSTIN COMMUNITY FOUNDATION FOR THE CAPITAL AREA 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantors grant, bargain, sell and convey to the City exclusive possession and use of the Property for the purpose of constructing a highway or turnpike project and appurtenances thereto and the right to remove any improvements. This Possession and Use Agreement will extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these facilities on the Property. The City agrees that such work must be performed in a good, workmanlike and safe manner and in accordance with all laws, codes, statutes, rules, regulations and ordinances. The City will not allow any mechanics ∎•ODMA \PODOCS \ABDAUST \87025 \lisle 1.00% 21.56% 0.44% 5.00% 1.00% 1.00% 2.00% 18.00% 2.50% 5.00% 20.00% 12.50% 1 0.00% or materialmen liens (or any other liens arising out of the City's possession of the Property) to attach to the Property. Finally, the City will (i) maintain the Property in good order and repair and will not allow waste on the Property and (ii) will not allow hazardous substances or waste to be stored or used on the Property except in de minimis and customary amounts in strict accordance with all laws, statutes, rules, regulations, codes and ordinances. 2. In full consideration for this irrevocable grant of possession and use, the City will tender to the Grantors the sum of Four Hundred Thousand and No /100 Dollars ($400,000.00) (the "Fee "). The Grantors agree that the Fee represents adequate and full compensation for the possession and use of the Property. The City will only be entitled to take possession and use of the Property upon tender of payment of the Fee. The Fee is payable to the Grantors within three (3) days of the date of the execution of this Agreement. 3. The Grantors warrant and represent that the title to the Property is free and clear of all liens and encumbrances other than liens for ad valorem taxes not yet due and payable and those encumbrances filed of record or visible and apparent on- the - ground. Grantors further warrant that no other person or entity owns an interest in the fee title to the Property. The Grantors further agree to indemnify the City from all unreleased or undisclosed liens, claims or encumbrances affecting the Property other than those referenced above. 4. This Agreement is made with the understanding that the City and the Grantors hereto are simultaneously entering into a "Real Estate Contract" (herein so called) whereby the City agrees to purchase and the Grantors agree to sell the Property for an agreed upon purchase price thereunder. Under the terms of said Real Estate Contract, the closing date may not occur for several months, but it is in the interests of the City and the Grantors for construction of SH 45 to commence as soon as possible, which this Agreement will allow. The Fee will be a credit to the purchase price under the Real Estate Contract at any timely closing thereunder; but, otherwise, the Fee is non - refundable. 5. The purpose of this Agreement is to allow the City to proceed with its construction project without delay pending the closing under the Real Estate Contract. 6. Grantors reserve all of the oil, gas and sulphur in and under the Property but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 8. It is agreed the City will record this Agreement. This Agreement will automatically terminate upon the earlier to occur of (i) the closing of the purchase of the Property under the Real Estate Contract or (ii) December 1, 2000. Additionally, Grantors may terminate 2 this Agreement upon any default by the City under the Real Estate Contract. The Grantors may exercise such option by written notice to the City. In such event, upon demand, the City will promptly execute and file a release of this Agreement. 9, It is agreed that the City may assign this agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. 10. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document, and all counterparts will constitute one and the same agreement. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. [REMAINDER OF PAGE INTENTIONALLY BLANK] 3 In witness whereof, this instrument is executed on this the ID day of QUOU51 , 2000. Grantors: 1) MB BOARDWALK AGEMENT, INC. 2) 3) Im Bro its 'resident By: J. VA OCK, Individually MARK DENYER, Individually 4) MB BOARDWALK, LTD. By: MB BOARDWALK MANAGEMENT, INC. a Texas Corporation, its g .1 partner By: / 1 LAURA sr S 'mss ' ,jointly AND MATT AISER jointl , Individually 7) LYNE E MI I4LS 1992 TRUST President By: U t�f %.0∎16.24% S Are, Trustee 4 In witness whereof, this instrument is executed on this the _ day of August, 2000. Grantors: 1) MB BOARDWALK MANAGEMENT, INC. By: 2) 3) MARK DE R, Individually 4) MB BOARDWALK, LTD. 5) 6) J. Vaughn Brock, its President J. VAUGHN BROCK, Individually By: MB BOARDWALK MANAGEMENT, INC. a Texas Corporation, its general partner By: J. Vaughn Brock, President LAURA MILLS NAISER, jointly AND MATT NAISER, jointly LAURA MILLS NAISER, Individually 7) LYNEI IE MILLS 1992 TRUST By: , Trustee 8) RIVERCREST PROPERTIES, LTD. 4 8) RIVERCREST 'ROPERTIES, LTD. 9) KELSEY FAMILY T By: J. V 10) SPA PARTNERSHIP 11) J. VAUGHN BROCK CHILDREN'S TRUST By: J. VAU 12) J. VAUGHN By: J. VA 13) AUSTIN COMMUNITY FOUNDATION FOR THE CAPITAL AREA By: �� --G-/ RICHARD SLAUGHt Address For Seller: c/o MB Boardwalk Management, Inc. Attn: J. Vaughn Brock 515 Congress Ave, Suite 1230 Austin, Texas 78701 5 BROCK, trustee AW PARTNERS LIMITED BROCK, trustee JERI BROCK • D 1 B OCK, trustee Au4U5f Accepted and agreed to by the City this the 10 day of-hrtr, 2000. City of Round Rock, Texas 6 ert A Stl a, its Mayor County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT H Page J of (v Pages Property Description for Parcel 80 Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a 219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED, recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas (O.R.W.C.T..). Said 6.763 acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right - of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk 2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records (W.C.P.R.), said point being the beginning of a curve to the left, from which a %z -inch iron rod with cap found bears North 40°26'13" West, a distance of 0.96 feet and a / -inch iron rod found for the northwest comer of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of 289.48 feet (289.22'); I. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision, Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South 57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16" East, 396.85') to a 1/2-inch iron rod found for the end of said curve; 2. THENCE, North 77 °5244" East (N 79 °12'51" E), along the line common to said 6.769 acre tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2 recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision, Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2; . 41 7 -65 8/Parce Is/Finals/m &b's/PA R80.doc EXHIBIT t`t Page 2 of 6, Pages 3. THENCE, North 78°29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a'/ -inch iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45 Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same being the southwest corner of a called 107.8845 acre tract of land described as Tract I conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512 O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to Williamson County for roadway purposes by deed recorded in Document No. 9716130 O.R.W.C.T. and the northeast comer of the herein described tract; 4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 1/2-inch iron rod found in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for the southwest corner of said 5.891 acre tract and being the southeast comer of the herein described tract; THENCE, along the existing north right -of -way line of said CR 170 and the south line of said 6.769 acre tract the following two courses: 5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84): to a TxDOT brass disk in concrete found for an angle point; 6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated point on the existing east right -of -way line of aforementioned IH35 for the southwest comer of the herein described tract, from which a TxDOT brass disk in concrete found bears North 73 °37'45" West, a distance of 0.52 feet; 7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of- way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of 6.763 acres (294,596 square feet) of land, more or less. 417- 658 /Parcels/Fina Is/m &b's/PAR80.doc Jay Dean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 April 11, 2000 EXHIBIT A Page of (o Pages This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden Inc. .1J / / /Zoaa 41 7- 658 /Farce Is/Fina I s /m &b's/PAR80.doc LOT 2 REPLAT OF LOT 2 BOARDWALK 2 SUB. SECTION 2 CAB. M. 5L. 61 W.C.P.R. F0000 5 I'.S..W /CAP FOUND 111 , 4. 1/CAP BEA 1 N40'26'13AW.. 0.96' 040 0.96' 1=401.61' R=686.20' 4.33 0-557.14 395.91' IL- 402.60 I11W66.20' 1 \ LOT.1 \\ BOARDWALK 2.5UB. '1 SECTION'S ^ s 5'CA8. N. SL: -'170 / W. C. P.R".• / 1A- 33 IC.555 53' 15'61 1396.85'1 uTII4TT EAi1Exi PROPOSED R.O. BIRA5 0154 IH 6PVC. BEARS 73.31.45'0. 0.52' SEE DETAIL '0' SURVEY LEG - FOUND T BRASS DISK IN CONCRETE ❑ - SET TXDOT BRASS DISK IN CONCRETE o - SET IRON R00 N /011000 ALUM. CAP • = FOUND I•i IRON ROD UNLESS OTHERWISE NOTED - FOUND 4' x 4' CONCRETE MONUIENT O CALCULATED POINT t - PROPERTY LINE t E - BASELINE $), = UTILITY POLE 6 STA. 556+63.94 LT. 235.70 NOTES: I. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLAN COORDINATE SYSTEM. NAO 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A C01WIT1EN1 FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEIENTS AND INFORMATION PERTAINING TO THIS TRACT. RECORD INFOR11A11ON SHOWN ON THIS PLAT I5 BASED W P00L INFORMATION. THE 56806500 RA5 NOT ABSTRACTED THIS TRACT 3. THIS PLAT 15 060000ANIE0 BY A SEPARATE TAETES AND BOUNDS DESCRIPTION. 4. THE BASELINE 500071 HEREON I5 PER A DESIGN SCHEMATIC Ft PROVIDED BY TURNER. COLLIE AND BRADEN. INC. 5. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLI005O1 COUNTY. TEXAS 6. W.C.P.R. INDICATES WI AMSON COUNTY PLAT 06C000S DATE. 4 k / /1 12000 JAY D E N N CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 • 1 • PARCEL BO DETAIL 'A' 80 ASA THOMAS SURVEY, A -609 . m FOUND TXDOT H BRASS 0156 IN CO1C. / •16 BEARS N73.37'45 0.52' S ' N AIL 'B' .i. S. • _ I LOT 2. I.. uiui' E41_'1F�� ' BOARDWALK 2 S SUB. / rt A "? ,. PROPOSED R.O.W It 5.0.45 7117. 52'44'E. 17179. 1 2 . 51 'E. MB BOARDWALK LIMITED 6.769 AC. REMAINDER OF CALLED 219.185 AC. 2234/54 O.R.W.C.T. EXISTING 0.0.0.- 5 60+00 . sp C E DATA L - 2.241.43' g : 12.622.01' C - 10.10 CB= 219 'E CD= 2.218.48' PC= 549 +96.11 PT- 572 +17.74 PI- 561 +20.00 X = 3.115.257.51 Y - 10.149.696.98 ACREAGE SUMMARY 150.61.1 ■HOLE PROPERTY AREA AC001160 REMAINDER 294.596 294.596 0 :LOT 3 AMENDING PLAT Or LOT 1 1 BOARDWALK SECTIO 1 N-. AND LOT .3 BOARDWALK 2 51)0 ' 1 SECTION 7: CA8.• N. 5L.' 138 1.. W.L: P: R: "•. " STA. 562+56.22 { ,♦_,__ LT. 239.32' I moot IJT [NS[K _� 'S• 574 1487.72' 1516.09'31'0. 1487.84'1 LOUIS HENNA BLVD �l�• ICR 1701 1526/17 D.R.W.C.T. Width Varies S.H.45 PARCEL PLAT FOR PARCEL 80 COUNTY: WILLIAMSON GRANTOR:MB BOARDWALK LIMITED SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX 15121 899 -9390 EMAIL: Oustinesurvcon. com SCALE: 1" = 100' DATE: MAR 2000 DRAWN 8Y: TC CHECKED 8Y: WJM l JOB u1 417 -658 F.B. u: HWY 45 CAD FILE: S45PAR- 80 - SHT - 1 SHEET 1 OF 3 OE 81 tiDARDWALK :2 SUB. SEC. 3 CAB. M. SL. 5 N775244E. 156.01' 7N79. 12'51 "E. 155.99.1 ASA THOMAS - I SURVEY, A -6091 LOT 1 • AMENDING PLAT OF ' .. LOT 1 BOARDWALK 2 SUB. SECTION 1 AND LOT 3 • BOARDWALK 2 SUB. SECTION 2 I CAB. M. SL. 138 Yi IL 0' PUBLIC 177 EA9ElENt 1 9 0 9'2T'W. 1407.12 1576 1401.04'1 - LOUIS HENNA BLVD (CR 170) 1526/17 0.R.W.C.T. 6)094 Varies 565480 FO CURVE DATA L = 2.241.43' R 12.622.07' 10.10 CO. 079.53 CO. 2.230.40' PC= 549426.31 PT- 572+37.74 P1= 561.20.00 X - 3.735.257.51 Y - 10.149.696.90 S.H.45 PARCEL PLAT FOR PARCEL 60 COUNTY: WILLIAMSON GRANTOR:MB BOARDWALK LIMITED SCALE: 1" = 100' DATE: MAR 2000 DRAWN 8Y: TC F.B. tt: HWY 45 CAD FILE: S45PAR- 80 -SHT -2 GMFFT 2 OF 3 z m N S m m ---4 w 0 m - S.H.45 Cnl SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (512) 899 -9390 EMAIL: oustin @survoon.com JOB tt: 417 - 658 rwrrvrn v, w.Iu FNO. COTTON GIN SP INOLE H 11 56 .01 ' N 55.99'1 LOT 1 1 AMENDING PLAT OF I LOT 1 I BOARDWALK 2 SUB. 1 SECTION 1 • ANO LOT 3 WY BOARDWALK. 5EC710 2� CAB: M. SL. 138 1 Y ' W.C.P.R. 4" S 1 BxAix.cc c.n Ac . J ■ STA. 5]0.96.07 T. 231.23' 1 . PROPOSEO:R.0.W � H NB� 29 } E• 218.60 1 19'.9 to "E:1210.6.'1 MB BOAC REK LIMITED . j 6.769 AC4 I .1 C CAL OF = CALLED1219. 9.185 AC. • 21234/54 F D.R.w.C.r. EXIST;NG R.D.W (576. 9'31'W. - 14 81 LOUIS HENNA 0150 (CR 170) 1526/17 O.R.W.C.7. Width VOrios V CURVE DATA L - 2.241.43' - 12.622.07' C = 10 CB= '10% 2.238. CO= 2,276..8' PC= 549.96.71 PT. 572.77.74 P1.561.20.00 9 Y v 10.1.9.696.96 6'41x. i 1 STA. 572.64.63 / LT. 220.10 01)6))1506x7 WILLIAN50N COUNTY FOR ROADWAY PURPOSES 5.891 ACRES DOC. 439716130 O.R.W.C.T. •47' ^ E 5.14.45 PARCEL PLAT FOR PARCEL 80 COUNTY: WILLIAMSON GRANTOR:MB BOARDWALK LIMITED S CALE : 1" = 700' DATE: MAR 2000 DRAWN BY: TC CHECKED BY: WJM A SURVCON ERG v` PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (5121 899 -9390 EMAIL: austinesurvcon.com JOB tt: 417 -658 F.B. tt: HWY 45 CAD FILE: S45PAR- 80 -SHT - 3 SHEET 3 OF 3 ASA THOMAS SURVEY. A -80 • L ' N T o :1 �1 N J DELL CDMRIITER HOLDINGS. L.P. 107.8845 /ACRES (TRACT N0. 17 QOC. .9633512 Acquisition of Property from Boardwalk for SHd5 Right-of-way t DATE: August 4, 2000 SUBJECT: City Council Meeting — August 10, 2000 ITEM: 10.B.4. Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement for Transportation Purposes with MB Boardwalk Management, Inc., et al for the SH 45 project. Staff Resource Person: Jim Nuse, Public Works Director. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. R- 00 -08- 10-10B4 which was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 10th day of August, 2000, as recorded in the minutes of the City of Round Rock in Book 43. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 11th 2002003710 17 R9 CHRISTINE R. MARTINEZ, City Secretary V RESOLUTION NO. R- 00- 08- 10 -10B4 WHEREAS, in order to prepare for the construction of the westbound SH 45 frontage road project, it is necessary to obtain the right to possession and use of certain property belonging to MB Boardwalk Management, Inc., et al, and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Possession and Use Agreement for Transportation Purposes with MB Boardwalk Management, Inc., et al, to grant to the City the necessary rights for the construction of the westbound SH 45 frontage road project, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered E: \WPDOCS \RESOLVE] \ROO171OB4 WPO /sc and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 10th day of August, 2000. ATTEST: E LAND, City Secretary 2 / ROBERT A. STLUKA, R., Mayor City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement for Transportation Purposes (this "Agreement "), effective the 10 day of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City "), and the grantors described below (the "Grantors "), the Grantors grant an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map (attached hereto as Exhibit "A ") and made a part of this Agreement by reference (the "Property"). The net proceeds payable under this Agreement will be paid to the following tenants in common in accordance with their respective ownership interest in the Property as set forth below and referred to herein as the "Grantors ": MB BOARDWALK MANAGEMENT, INC. J. VAUGHN BROCK MARK DENYER MB BOARDWALK, LTD. LAURA MILLS NAISER AND MATT NAISER, jointly LAURA MILLS NAISER LYNETTE MILLS 1992 TRUST RIVERCREST PROPERTIES, LTD. J. VAUGIIN BROCK, as trustee for KELSEY FAMILY TRUST J. VAUGHN BROCK, as trustee for SPAVINAW PARTNERS LIMITED PARTNERSHIP J. VAUGHN BROCK, as trustee for J. VAUGIIN BROCK CHILDREN'S TRUST J. VAUGHN BROCK, as trustee for J. VAUGHN AND JERI BROCK RICHARD SLAUGHTER, as trustee for THE AUSTIN COMMUNITY FOUNDATION FOR THE CAPITAL AREA 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantors grant, bargain, sell and convey to the City exclusive possession and use of the Property for the purpose of constructing a highway or tumpike project and appurtenances thereto and the right to remove any improvements. This Possession and Use Agreement will extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these facilities on the Property. The City agrees that such work must be performed in a good, workmanlike and safe manner and in accordance with all laws, codes, statutes, rules, regulations and ordinances. The City will not allow any mechanics : :OOMA \PCDOOS \ABBAUST \87025 \I /s1s 1.00% 21.56% 0.44% 5.00% 1.00% 1.00% 2.00% 18.00% 2.50% 5.00% 20.00% 12.50% 10.00% or materialmen liens (or any other Liens arising out of the City's possession of the Property) to attach to the Property. Finally, the City will (i) maintain the Property in good order and repair and will not allow waste on the Property and (ii) will not allow hazardous substances or waste to be stored or used on the Property except in de minimis and customary amounts in strict accordance with all laws, statutes, rules, regulations, codes and ordinances. 2. In full consideration for this irrevocable grant of possession and use, the City will tender to the Grantors the sum of Four Hundred Thousand and No /100 Dollars ($400,000.00) (the "Fee "). The Grantors agree that the Fee represents adequate and full compensation for the possession and use of the Property. The City will only be entitled to take possession and use of the Property upon tender of payment of the Fee. The Fee is payable to the Grantors within three (3) days of the date of the execution of this Agreement. 3. The Grantors warrant and represent that the title to the Property is free and clear of all liens and encumbrances other than liens for ad valorem taxes not yet due and payable and those encumbrances filed of record or visible and apparent on- the - ground. Grantors further warrant that no other person or entity owns an interest in the fee title to the Property. The Grantors further agree to indemnify the City from all unreleased or undisclosed liens, claims or encumbrances affecting the Property other than those referenced above. 4. This Agreement is made with the understanding that the City and the Grantors hereto are simultaneously entering into a "Real Estate Contract" (herein so called) whereby the City agrees to purchase and the Grantors agree to sell the Property for an agreed upon purchase price thereunder. Under the terms of said Real Estate Contract, the closing date may not occur for several months, but it is in the interests of the City and the Grantors for construction of SH 45 to commence as soon as possible, which this Agreement will allow. The Fee will be a credit to the purchase price under the Real Estate Contract at any timely closing thereunder; but, otherwise, the Fee is non - refundable. 5. The purpose of this Agreement is to allow the City to proceed with its construction project without delay pending the closing under the Real Estate Contract. 6. Grantors reserve all of the oil, gas and sulphur in and under the Property but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 8. It is agreed the City will record this Agreement. This Agreement will automatically terminate upon the earlier to occur of (i) the closing of the purchase of the Property under the Real Estate Contract or (ii) December 1, 2000. Additionally, Grantors may terminate 2 this Agreement upon any default by the City under the Real Estate Contract. The Grantors may exercise such option by written notice to the City. In such event, upon demand, the City will promptly execute and file a release of this Agreement. 9, It is agreed that the City may assign this agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. 10. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document, and all counterparts will constitute one and the same agreement. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. [REMAINDER OF PAGE INTENTIONALLY BLANK] 3 In witness whereof, this instrument is executed on this the 1 day of Q!I U&1 , 2000. Grantors: 1) MB BOARDWALKNAGEMENT, INC. 2) 3) Bro its President By: AI Ai J. VA ir B' OCK, Individually MARK DENYER, Individually 4) MB BOARDWALK, LTD. By: MB BOARDWALK MANAGEMENT, INC. a Texas Corporation, its g�.l partner By: 4 "Ong w Bro , President jointly LAURA AND AI MATT SER, joint / _ t LA RA M S Individually 7) LYNE1 I'E MI S 1992 TRUST By: t%- evq\ac` pitP, Trustee 4 In witness whereof, this instrument is executed on this the day of August, 2000. Grantors: 1) MB BOARDWALK MANAGEMENT, INC. By: J. Vaughn Brock, its President 2) 3) 5) 6) J. VAUGHN BROCK, Individually MARK DE it 7 R, Individually 4) MB BOARDWALK, LTD. By: MB BOARDWALK MANAGEMENT, INC. a Texas Corporation, its general partner AND 4 By: J. Vaughn Brock, President LAURA MILLS NAISER, jointly MATT NAISER, jointly LAURA MILLS NAISER, Individually 7) LYNE'11'h MILLS 1992 TRUST By: Trustee 8) RIVERCREST PROPERTIES, LTD. 8) RIVERCREST ROPERTIES, LTD. 9) KELSEY FAMILY By: J. V I BROCK, trustee 10) SPA 'SAW PARTNERS J. VA By: J. VA Address For Seller: 5 PARTNERSHIP J By: BROCK, trustee 11) J. VAUGHN BROCK CHILDREN'S TRUST By: J. VAU BROCK, trustee 12) J. VAUGHN ND JERI BROCK B OCK, trustee 13) AUSTIN COMMUNITY FOUNDATION FOR THE CAPITAL AREA l -� By: / RICHARD SLAUGH 1 , ustee- 24— p ,eecr c/o MB Boardwalk Management, Inc. Attn: J. Vaughn Brock 515 Congress Ave, Suite 1230 Austin, Texas 78701 LIMITED RUGtt5'f Accepted and agreed to by the City this the ID day of3,iip, 2000. City of Round Rock, Texas 4 0 1 ; 6 Ro ert A Stlu a, its Mayor County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT N Page 1 of (O Pages Property Description for Parcel 80 Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a 219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED, recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas (O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a V.-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right - of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk 2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records ( W.C.P.R.), said point being the beginning of a curve to the left, from which a Yz-inch iron rod with cap found bears North 40°26'13" West, a distance of 0.96 feet and a %z -inch iron rod found for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of 289.48 feet (289.22'); 1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision, Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South 57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16" East, 396.85') to a % -inch iron rod found for the end of said curve; 2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2 recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision, Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2; 417- 658 /Parcels/Finals /m &b's/PA R80.doc EXHIBIT 4 Page Z of (o Pages 3. THENCE, North 78°29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a '/ -inch iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45 Baseline Station 572 +84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same being the southwest corner of a called 107.8845 acre tract of land described as Tract I conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512 O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to Williamson County for roadway purposes by deed recorded in Document No. 9716130 O.R.W.C.T. and the northeast corner of the herein described tract; 4. THENCE, South 15 ° 09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a Yz -inch iron rod found in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for the southwest corner of said 5.891 acre tract and being the southeast corner of the herein described tract; THENCE, along the existing north right -of -way line of said CR 170 and the south line of said 6.769 acre tract the following two courses: 5. South 74 °49'27" West (S 76 ° 09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT brass disk in concrete found for an angle point; 6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated point on the existing east right -of -way line of aforementioned IH35 for the southwest comer of the herein described tract, from which a TxDOT brass disk in concrete found bears North 73 °37'45" West, a distance of 0.52 feet; 7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of- way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of 6.763 acres (294,596 square feet) of land, more or less. 4 17 -65 8/Parcels/Fin a I s/m &b's/PA R80.doc Jay Dean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 April 11, 2000 EXHIBIT Page 3 of (p Pages This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden Inc. �Jl /�Zaorl 4 17-65 8/Parcel s/Fin a Is /m &b's/PAR80.doc 1TES: SURVEY LEG t FOUND T. BRASS DISK IN CONCRETE ❑ - SET 10001 BRASS DISK IN CONCRETE o - SET '.t IRON ROO W /TXOOT ALUM. CAP • = FOUND '.t IRON R60 UNLESS OTHERWISE NOTE0 ® - FOUND 4' x 4' CONCRETE MONUMENT LOT 2 - CALCULATED POINT REPEAT OF LOT 2 IL - PROPERTY LINE BOARDWALK 2 SUB• B - BASELINE SECTION 2 CAB. M. SL. 61 IR = m811111806 W.C.P.R. • /• P.O.B. 1 , PARCEL 80 I FUUND t� IS FOUND �• I.R. W /CAP N40 :W. 0.96' N40 0.96' 1 .O.e.P GEL .13..152.30 j/ .F %d Si,. 555014/90 . y / / VIILII7I ul[ LoT -1• NN BOA 1 ' SECTION'S U8. .k' >'CAB. N. SL7'170 / W.C.P.F(.. / 1.•01.61' -\ / R.686.20' 'N / ••31 -\ C- 557 ,, 395.91' 1,402.60' 1 IR686.201 IA.33 "1 I C 655"53' 16 "E 1 (316.05'1 2D' YLBI Vt ILIA 12514x1 PROPOSED R.O. WN5 ) 5 5 BRA55 0 5 . 0. RE arts N)3.3)'45 "v. 0.52' : - SEE DETAIL "B" 6 2 STA. 558.63.94 LT. 235.70' BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PL COORDINATE SYSTEM. RAD E3. CENTRAL 20NE AND ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY wAS PERFORMED WITHOUT THE BENEFIT OF A (0MNITME+1 FOR TITLE INSURANCE AND MAr NOT INCLUDE EASEMENTS N I INFORMATION SNOOK ON THIS I T TRACT. RECORD PUBLI INFORMATION. THE SURVEYOR HAS NO7 ABSTRACTED THIS TRACT. THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. THE BASELINE 5000N HEREON I` PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. INDICATES OFFICIAL RECORDS OF +11110+50N COuNTX. 16 W.c.P.R. INDICATES Iyl ARSON (05011 PLAT RECORDS DE4 C DATE :4 1/4/ / &49oo CANINE 05TERE0 PROFESSIONAL LAND SURVEYOR X+S REGISTRATION NO. 4345 DETAIL 'A' 8 O ASA THOMAS SURVEY, A -809 i LOT 2: _ BOARDWALK O SUB. 1:: pscfti,i . SECT ION: S I _ 'CAB. J(..'SL. 170 • 1 PROPOSED 8.0.01 N E , 1079. 12'51 , MB BOARDWALK LIMITED 6.769 AC. REMAINDER OF CALLED 219.185 AC. 2234/54 O.R.W_C.T. EXISTING 8.0.0., S.H.45 560. L E DATA L - 2.241_43' R - 12.622.07' A - 10 29' CB. N79 CO. 2.238.48' PC- 549596.31 PT. 502038.74 PI- 561.20.00 Y = 3.135.251.51 - 10.149.696.9E ;L0T 3 ' AMENDING PLAT 0 • ' LOT 0 • 1 BOARDWALK 2.506: J SECTION 1 I AND LOT 3 , 80ARDWALK 2 SUB. A SECTION 2: 1 CAB. M. SL. 138 I � STA. 562+56.22 �VTIt ITT [nil l - _ 1 156.01 - 1155.99'1 574.49'21'0. 1481.72' 15)6 1487.64'1 _ LOUIS HENNA BLVD 1 (CR 1701 1526/17 0.8.8.6.1. Width VOr1DS S.H.45 PARCEL PLAT FOR PARCEL 80 COUNTY: WILLIAMSON GRANTOR :MB BOARDWALK LIMITED SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (5121 899 -9390 EMAIL: oustin@SUrvCOn.COM SCALE: 1" = 100' IJOB J2: 417 -658 DATE: MAR 2000 DRAWN BY: TC CHECKED BY: WJM ACREAGE SUMMARY (50.81.0 WHOLE PROPERTY ACQUIRED REMAINDER 294.596 294.596 F.B. 221 HWY 45 0 81 E/J CAD FILE: 545PAR- 80 -SHT - 1 SHEET 1 OF 3 „4oT 1 BOARDWALK 2 5UB. :SEC. 37 CAB.'04. SL'. 5 W.C.P.R.; LOT 2 • BOARDWALK :2' SUB. SEC. 3 CAB. M. SL. 5 W.C.P.R. ASA THOMAS - I SURVEY, A -09 1 1'j I 1, •1• Y •1. x 156.]' IN]9'12'SI "E. 1155. • • • AMENDING PLAT OF -I LOT 1 BOARDWALK 2 SUB. SECTION 1 AND LOT 3 • BOARDWALK 2 SUB. SECTION 2 CAB. M. 5L. 138 W.C.P.R. Ulll r*t1[ ll] 2 L91L1[xl LOT 1 579 1997.74' ISi6'09'31'r. 1987 LOUIS HENNA BLVD (CR 170) 1526/17 O.R.W.C.T. Wien) Varies (tECORDERS MEMORANDUM All or parrs of the text on this page was not dearly legible for satisfactory recordation. 565+00 p CURVE DATA CO C PC PC PT PI 2.241.43• 12.622.07 10"10 879 2.235.48' 549+96.31 572 +37.74 561+20.00 3.135.257.51 10.149.696.98 LOT 3 BIIAROWALK 2 SOB. •• fAB._ _'SCC :S PROPOSED 0.0 MB BOARDWALK LIMITED 6.769 AC: REMAINDER OF CALLED 219.185 AC. 2234/54 O.R.w.C.T. EXISTING R.O.W. ! S.H.45 0.8.45 PARCEL PLAT FOR PARCEL 80 COUNTY: WILLIAMSON GRANTOR BOARDWALK LIMITED SCALE: = 100' DATE: MAR 2000 DRAWN BY: TC LOT 4 BOARDWALK 2 SUB. SEC. 3 CAB. M. SL. 5 W.C.P.R. C) 1 Z rn (/1 rn P1 W 0 01 W SURVOON INC. S� PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78707 c TELEPHONE 15127 899 -8282. FAX 15121 899 -9390 c EMAIL: oustinesurscon.com - JOB 0: 417-658 F.B. 0: HWY 45 CAD FILE: S45PAR- 80 -SHT -2 n nwi a,n FNV- [071014 4(0 SPINDLE N 1156.01 :NI9 12'S1'E 11 55.99 . 1 1 1 0.4.. t STA. 510.98.07 1 1T. 231.23' • PROP05ED:R.0.W.\ L07 1 r AMENDING PLAT O LOT 1 BOARDWALK 2 SUB:. 1 SECTION 1 _ 1 ANO LOT 3 • 1 BOAROWALr.2. 368. SECTION 2 I CAB: M. 5L. 138 1 � 1479 t9 li E.'1 I18.6.'1 MB BOARLIWALK LIMITED - 6.769 AC.( REMAINDER OF. CALLEO(219.185 AC. 2x234/54 D.4.W.c.T. EXIST 1 95JR.O.W. 1 1576 1487.84'( LOUIS HENNA BLVD ICR 1701 1526/17 O.R.W.C.T. us Width Vorios .tECORDERS MEMORANDUM All orparts of the tenon this pagetraitor clearly legible for satisfactory recordation. I V. STA. 572+84.83 / LT. 220.10' u�.wlr L WILLIAMSON COUNTY FOR ROADWAY PURPOSES 5.891 ACRES DOC. 09716130 O.R.W.C.T. • '47' S6•E S.0.45 PARCEL PLAT FOR PARCEL 80 COUNTY: WILLIAMSON GRANT0R:M8 BOARDWALK LIMITED v1 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: ousti nesurvcon.com SCALE: 1" = 100' DATE: MAR 2000 DRAWN BY: TC It CURVE DATA L 2.241.43' 12.622.07' + 10.10 C0 2.238..8' PC 5.2+36.34 PT 561 +20.00 PI 561+20.00 • .149..696 7 I T 10.149.696.9.9 8 JOB 0 117-658 F.B. 4: HWY 45 • CAD FILE: S4 5PAR- 80 -SHT - 3 SHEET 3 OF 3 S.H.45 ASA THOMAS SURVEY, A -809 •T''. r ^r +1 147 DELL COMMUTER MOLDINGS. L.P. 107.8045/ACRES ITRACT N0. 11 QOC. 49633512 O.R.W.C.T. L816 1 / CHECKED BY: 8JM zECORDERS MEMORANDUM All orpans of the tenon this page was not clearly legible for satisfactory recordation. FILED RED RECORDED OFFICIAL PUBLIC RECORDS 01 -14 -2002` 10:27 AM 2002003710 ANDERSON 847.00 NANCY E. RISTER :COUNTY CLERK WILLIAMSON COUNTY, TEXAS f�, CITY OR ROUND R66K ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664