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R-00-08-10-10B6 - 8/10/2000RESOLUTION NO. R- 00- 08- 10 -10B6 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 DDR DB Development Ventures, L.P., 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 DDR DB Development Ventures, L.P., 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:\ OPDOCS \RSSOLIJCl \ROOB106.UPD /ec 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 City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement ( "Agreement, ") effective the ID day of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City "), and DDR DB Development Ventures LP, a Texas limited partnership (the "Grantor"), grants 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 as Exhibits A, B, C and D) and made a part of this Agreement by reference (the "Property"). 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys 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 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 utilities 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 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 Grantor the sum of One Hundred Thousand Dollars ($100,000.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. The City will be entitled to take possession and use of the Property upon tender of payment. Provided however, City agrees that Grantor may continue to occupy a structure located on the Property until it is necessary to vacate for utility relocation or project construction. Grantor agrees to vacate said structure no later than fifteen (15) days after receipt of notice from the City to do so. 3. This Agreement is made with the understanding that the Parties hereto are simultaneously entering into a Real Estate Contract whereby the City agrees to purchase and the Grantor agrees to sell the Property for an agreed upon purchase price. Under the terms of said Real Estate Contract, the closing date may occur as late as December 1, 2000, but it is in the interests of the Parties hereto for construction of SH 45 to commence as soon as possible, C \wemcs\ACITY\sx 45 \LaPron,,ra \Odr_dr \P -final vpd /e1a 1 which this Agreement will allow. Grantor warrants and represents that the title to the Property will be conveyed free and clear of all liens and encumbrances and that proper releases will be executed for the Property prior to funds being disbursed under said Real Estate Contract. Grantor further warrants that no other person or entity owns an interest in the fee title to the Property. The Grantor further agrees to indemnify the City from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 4. If the City acquires additional real property from the Grantor or the Grantor's affiliates as part of the same transportation project for which the Property is being acquired, such acquisition of additional property shall not be deemed a second taking. Accordingly, Grantor or Grantor's affiliates shall be entitled to the fair market value of said additional property, but shall not be entitled to any increase in property value to the additional property resulting solely from the influence of the transportation project on the value of the additional property. 5. The purpose of this Agreement is to allow the City to proceed with its construction project without delay. 6. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 9. It is agreed the City will record this document. 10. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of its obligations to Purchase the Property under the terms of Real Estate Contract described in paragraph 3 above. 11. 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. 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. In witness whereof, this instrument is executed on this the /y day of August, 2000. 2 Grantor: DDR DB Development Ventures LP By Name: Title: By: DDR DB Opport Sub, Inc., General Partner , : L . , 1 10 e kViit '/l?5 5605 N. MacArthur Blvd., Suite 210 Irving, Texas 75038 Accepted and agreed to by the City this the 21 day of August, 2000. City of Round Rock, Texas Acknowledgments 3 By. to 11 46 / �h,. Roiert A. Stluka, its Mayor State of Texas oll County of Williamson f l`ta9' This instrument Aas acknowledged before me on August /V 2000 by / vk/ 3 At ifz , Yl cP .19, o'�/ent of DDR DB Opportunity Sub, Inc., General Partner, of DDR DB Development Ventures LP. (signature) T u% J $ (typed name) Notary Public in and for the State of Toxaso/ii o My commission expires , 200Y ' PAULA JONES, Notary Public State of Ohio, Cuyahoga County My Commission Expires Jan. 11, 2004 State of Texas County of Williamson This instrument was acknowledged Mayor of the City of Round Rock, Texas. CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES Notary Public in and for August 5, 2001 the State of Texas My commission expires Aue t ,5" , 200L 4 before me on August 10 , 2000 by Robert A. Stluka, 0.hui 1/►10k. nantit (signature) CN�4 /JE R. /17F1,�1iA16 (typed name) County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: J. \417658\M &B's \parce1117.doc • EXHIBIT Page 1 of 5 Pages Property Description for Parcel 117 Being all that certain 3.821 acre (166,443 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, being out of the remainder of a called 227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), out of a called 14.625 acre tract of land conveyed to DDR DB DEVELOPMENT VENTURES, L.P :, A TEXAS LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a called 3.821 acre tract of land being Lot X of the La Frontera Section I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.821 acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,797.48, Y= 10,149,591.54) set at 222.86 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 526 +79.27, being in the proposed northerly right - of -way line of said SH 45, being the northwest comer of said Lot X and the southwest corner of Lot IX of said La Frontera Section I & II (REPLAT); 1. THENCE, North 84 °2752" East (N 86 °56'50" E), along the line common to said Lot X , Lot IX and the northerly right -of -way line of SH 45, passing at a distance of 657.42 feet a %s -inch iron rod with TxDOT aluminum cap set for a point of curvature in the proposed northerly right -of -way line of said SH 45, continuing along the said Lot X and Lot IX common line for a total distance of 682.26 feet (682.27') to a %s -inch iron rod with TxDOT aluminum cap set for the northeast corner of said Lot X, the southeast corner of said Lot IX, and being in the westerly right -of -way line of Parker Drive (100 feet wide) as depicted and recorded in said LA Frontera Section I & II (REPLAT); THENCE, along the easterly line of said Lot X and the said westerly right -of -way line of Parker Drive, the following two courses: 2. South 05 °10'25" East (S 02 °41'28" E), a distance of 255.05 feet (255.17') to a %s -inch iron rod with TxDOT aluminum cap set for the beginning of a curve to the right; EXHIBIT 4 1 3. An arc distance of 39.11 feet (39.11') along said curve to the right, with a Radius of 25.00 feet (25.00'), a Delta Angle of 89 °37'23" (89 °38'18 "), a Chord Bearing and Distance of South 39 °38'16" West, 35.24 feet (South 42 °07'41" West, 35.24') to a %z -inch iron rod with TxDOT aluminum cap set for the point of tangency and being the southwest comer of said Parker Drive, the most southerly southeast corner of said Lot X and being in the existing northerly right -of -way line of F.M. 1325 (120 feet wide) as depicted on the TxDOT Right -of -Way Map (Travis & Williamson Counties F.M. 1325 December 1950); 4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along the southerly line of said Lot X and the existing northerly right -of -way line of F.M. 1325, a distance of 219.93 feet (219.92') to a %z -inch iron rod with TxDOT alunnum cap set for the southeast comer of a called 0.617 of one acre tract of land conveyed to Williamson County, Texas recorded under Document No. 199945868 O.R.W.C.T.; 5. THENCE, North 16 ° 00'31" West (N 13 °31'33" W), along the easterly line of said 0.617 of one acre tract, a distance of 209.92 feet (209.97') to a '/z -inch iron rod with TxDOT aluminum cap set for the northeast corner of said 0.617 of one acre tract; 6. THENCE, South 84 °23'22" West (S 86 °52'19" W), along the northerly line of said 0.617 of one acre tract, a distance of 129.90 feet(129.90') to a '/z-inch iron rod with TxDOT aluminum cap set for the northwest corner of said 0.617 of one acre tract; 7. THENCE, South 16 °13'27" East (S 13 °44'29" E), along the westerly line of said 0.617 of one acre tract, a distance of 209.93 feet (209.94') to a '/z-inch iron rod with TxDOT aluminum cap set for the southwest corner of said 0.617 of one acre tract and being in the said existing northerly right -of -way line of F.M. 1325; THENCE, along the existing northerly right -of -way line of saidF.M. 1325 and the southerly line said Lot X, the following two courses: 8. South 84 °26'58" West (S 86 °56'50" W), a distance of 59.03 feet (58.50') to a'' /z -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the left; 9. An arc distance of 250.11 feet (250.65') along said curve to the left, with a Radius of 1,014.93 feet (1014.88'), a Delta Angle of 14 °07'10" (14 °09'02 "), and a Chord Bearing and Distance of South 77 °23'23" West, 249.48 feet (South 79 °52'56" West, 250.01') to a 'A -inch iron rod with TxDOT aluminum cap set for the southwesterly comer of said Lot X and the southeast corner of Lot 5, Block F of the La Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 W.C.P.R.; I: \4 I76581M &B's \parcel 117.doc EXHIBIT _ Page 2 of 5 Pages 10. THENCE, departing the said northerly right -of -way line of F.M. 1325, North 05 °32'08" West (N 03 ° 03'10" W), along the easterly line of said Lot 5 and the westerly line of said Lot X, passing at a distance of 308.78 feet a Y2 -inch iron rod with TxDOT aluminum cap set for a angle point in the said proposed northerly right -of -way line of SH 45, continuing along the easterly line of said Lot 5, the westerly line of said Lot X and the proposed northerly right -of- way line of SH 45 for a total distance of 310.72 feet (310.75') to the POINT OF BEGINNING and containing a computed area of 3.821 acres (166,443 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. ay Dean Canine - /4- 0° Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 J. \417658\M &B's \parcel l 17.doc EXHIBIT _ Page 3 of 5 Pages JAY DEAN CANINE EXHIBIT _ Page 3 of 5 Pages 10. THENCE, departing the said northerly right -of -way line of F.M. 1325, North 05 ° 32'08" West (N 03 °03'10" W), along the easterly line of said Lot 5 and the westerly line of said Lot X, passing at a distance of 308.78 feet a %z -inch iron rod with TxDOT aluminum cap set for a angle point in the said proposed northerly right -of -way line of SH 45, continuing along the easterly line of said Lot 5, the westerly line of said Lot X and the proposed northerly right -of- way line of SH 45 for a total distance of 310.72 feet (310.75) to the POINT OF BEGINNING and containing a computed area of 3.821 acres (166,443 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 ya Dean Canine 4 - /4 - ao Registered Professional Land Surveyor Texas Registration Number 4345 J: \417658U4 &B's \paw1 117.doc r • SURVEY PEGEND FOUND TKDOT 8RA55 DI5K IN 03NCRETE ❑ SET TX00T BRASS DISK IN CONCRETE O SET ' IRON RCD ■/TXDOT ALUM. CAP • FORM ' IRON R00 UNLESS OTHERWISE N0TE0 ® FW)0 4' x 4' CONCRETE 140111ICNT • CALCULATED POINT t PROPERTY LINE 1t88c... - BASELINE UTILITY POLE :OMSTPiA.•:Gy APFA SEE DETV1 'A'�_ LOT 5. BLOCK F CALLED 6.17 ACRES LA FRONTERA SECTION IIIB CABINET 5. SLIDES 69 -76 W.C.P.R. RESERVED FOR FUTURE RIGHT-OF-WAY. BUT NOT r DEDICATED BY THIS PLAT N BRATTON NOTES: CEMETERY 35/45 INVESTORS. L.P REMAINDER OF CALLED 227.8382 ACRES DOC. x9848753 0. R.W. C.T. DOR DB DEVELOPMENT VENT LP. A TEXAS LIMITED PARTN CALLED 14.625 ACRES DOC. x9844186 LOT IX 15.115 ACRES LA FRONTERA SECTIONS ILII(REPLAT) CABINET R. SLIDES 290 -295 ORES. W.C.P.R. ERSHIP LOT 2. BLOCK A 52.568 ACRES LA FRONTERA - - SECTION 11 CABINET R. SLIDES 17 -22 CALLED 3.821 ACRES LA FRONTERA SECTION ISII(80PLATI CABINET R. SLIDES 290 -295 W.C.P.R. B. S.H. 45 DATE; • /4 • EAO JAT DEAN CANINE REGISTERED PROFESSIONAL LAND 508900 1 TEXAS REGISTRATION NO. 4345 P.D.B. PARCEL 117 0.6.0.8. - X53.131.797.48 Y - 10.149.591.54 STA. .86 0486.56'50'E) CONTROL OF ACCESS L•050.11' (1- 250.65') 1586•56'5010 : -1.014.93' 71- 1.014.88') 58.50') - )4 (4- 14•09'02'1 584.26'58'9 C 577.23'23'9 IC- 579.52'56'0) 59.03' 249.48' ( 250.01') PROPOSED R.O.W. S.H. 45 1. BEARINGS AND COORDINATES BASED ON TIE TEXAS STATE PLA40 COORDINATE SYSTEM. HAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTIENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COIMITMEHT FOR TITLE INSURANCE AND MAY HOT INCLUDE EASEIENTS MR) INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION 5NO94 ON THIS MAP I5 BASED DI PUBLIC RECORD INFORMATION. 111E SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. 3. 000 BASELINE 590058 HEREON IS PER A DESIGN SCHEMATIC FILE PROVIOE5 8Y TURNER. C O L LIE ANO BRAOEN. INC. 4. 0.0.8.0.T. INDICATES OFFICIAL RECDROS OF WILLIAMSCII COUNT? TEXAS 5. R.0.0.7.0.7. INDICATES REAL PROPERTY RECORDS CF TRAVIS 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. INDICATES PUBLIC UTILITY EA5E4EN7 B. V.C.P.R. INDICATES WILLIMORN COUNTY PLAT RECORDS 9. W.C.D.R. INDICATE5 WILLIA460N COUNTY DEED RECORDS 10. 7.0.0.0. INDICATES TRAVIS COUNTY PLAT REcoRDS 11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS 12. T.C.C. INDICATES TRAVIS COUNTY CLERK JACOB M. HARRELL SURVEY, A -284 682.26'1682.27') 1 CONTROL OF_ACCESS. ---- PROPOSED R.O.W. S.H. 45 EXISTING R.O.W • PROPOSED R.O.W. JAY DEAN CANINE 086'52'19'w( 584•23'22'9 129.90' IILL1AMSON- CBONTY F08- R0,ADWAY PURPOSES DO , U . y9 C 4 . 4 7 5 . 6'68 ''0.617 ACRE 1.270.67' R- 3.316.89' A.04 C4480•06 11� 270.60 F.M. 1325 (120' WIDE) 1003.03'10'V) N05•32'08'11 1.91' 10 CURVE DATA 0 08 GD PC PT % 1.230.95' 9.657.80' 01 586.18 51'E 1.230.10' 521 +28.36 533-159.31 527+44.68 3.131.893.51 10.149.401.09 657.42 584 ^20'58'1 19.93' N84 P.O.B. PARCEL 117 SCALE: 1" = 100' DATE: JUNE 2000 DRAWN 8Y: JK8 CHECKED BY: WJM DETAIL 'A' S.H.45 N T.S. PARCEL PLAT FOR PARCEL 117 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DDR D8 DEVELOPMENT VENTURES. L.P. N 0 N F- W w 1/) i i ACREAGE SUMMARY (50.FT.> WOLF PROPER7Y AREA ACQUIRED REMA(0000 LEFT REMAIHOER RI6NT 3.821 .166.4431 3.821 1166.443) 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 - 9390 EMAIL: austin»Ssurvcon.com JOB SA: 417 - 658 F.B. 601 50 45 CAD FILE: par117 -sht -1 SHEET 4 OF 5 • 0 • r a SURVEY LEOEID NI Ls I O FOUND TXDOT BRASS DISX IN COCRETE SET TXDOT BRASS 0)56 111 CONCRETE SET I,. IRON R0D 9/TXDOT ALUM. CAP FORD O' IRON R00 UNLE55 068009)50 NOTED FOIND 4' x 4' CONCRETE IOANENT CALCULATED POINT PROPERTY LINE BASELINE UTILITY POLE 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. #9848753 O.R.W.C.T. 15' P.U.E.-4 PER LA FROTTERA SECTION 161IIREPLATI CABINET R. 5)1005 290 -295 L.G.P.R. 1586 I I 682.27') -- 1184 . 27'52 . E - 682.26' ]( 81657 . 42 2.--1—FL_ _ a _ — T K, C:.!:"..;;;,,,,....,,, I ^° B 81-- NL....3V�1 --to- 4C ° zw ° rc ti qe%s w U'^V C A' ': Y_ 4‘t-:::%. °' i� S.H. 45- � S A 9s N .- y a 1 1181 58'24'E i I 584'26'58'11 219.93 1586'56'50'9 \219.92') EXISTING - .M. 1325 ( F 20' WIDE) JACOB M. HARRELL SURVEY, A-284 PROPOSED L.39.11' R.25.00' 0.89.37'23' C•039'30'16'W 35.24' 1 I 1 -- -I- - - - -� CONTROL OF ACCESS LOT XI CALLED 3.848 ACRES LA FRONTERA SECTIONS IAIIIREPLAT) CABINET R. SLIDES 290 -295 W.C.P.R. 535400 IL-39.1l') (R- 25.00') 1A- 89.38'1A 4C. 542'07'41'91 1 35.24'1 CONTROL OF ACCESS S.H.45 PARCEL PLAT FOR PARCEL 117 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DDR D8 DEVELOPMENT VENTURES. L.P. 0 i i SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: oust inOsurvcon. 000) SCALE: 1' = 100' JOB #: 417 -658 DATE: JUNE 2000 DRAWN BY: JKB CHECKED 8Y: WJM F.B. #: SH 45 CAD FILE: par117 -sht -2 SHEET 5 OF 5 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: 1. \417658\M &B's\PAR 118.doc EXHIBIT Page I of 3 Pages Property Description for Parcel 118 Being a 3.845 acre tract (167,488 square feet) of land situated in the Jacob M. Harrell Survey, A- 284, Williamson County, Texas being out of a called 227.8382 acre tract of land as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), being out of a called 14.625 acre tract of land as conveyed to ‘DDR DB DEVELOPMENT VENTURES, L.P.; A TEXAS LIMITED PARTNERSHIP; recorded in Document No. 9844186 O.R.W.C.T., and being all of a called 3.848 acre tract of land being Lot XI of the La Frontera Sections I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.845 acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap (X = 3,132,576.09, Y = 10,149,667.00) set in the existing easterly right -of -way line of Parker Drive (100 feet wide) recorded in said La Frontera Sections I & II (REPLAT) at 205.09 feet Left of and perpendicular to State Highway 45 (SH 45) Baseline Station 534 +46.24 for the most westerly southwest corner of Lot VIII of said La Frontera Section I & II (REPLAT) and being the northwest corner of the herein described tract; 1. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the northerly line of said Lot XI, the southerly line of said Lot VIII, passing at a distance of 25.16 feet a %z -inch iron rod with a TxDOT aluminum cap set for a point of tangency in the proposed northerly right -of -way line of State Highway 45, continuing along said common line for a total distance of 144.03 feet (144.03') to a %z -inch iron rod with a TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of SH 45; 2. THENCE, North 85 °04'16" East (N 87 °34'24" E), departing said proposed northerly right -of- way line of SH 45 with the northerly line of said Lot XI and the southerly line of said Lot VIII, a distance of 458.12 feet (458.22') to a %z -inch iron rod found for the northeast comer of said Lot XI and the northwest corner of a called 2.2540 acre tract of land, Parcel 3, as conveyed to the State of Texas, recorded in Volume 1656, Page 810 O.R.W.C.T.; 3. THENCE, South 05 °33'26" East (S 03 °05'07" E), along the easterly line of said Lot XI and the westerly line of said Parcel 3, a distance of 274.85 feet (275.04') to a point for the southeast corner of said Lot XI, the southwest corner of said Parcel 3 and being in the existing northerly right -of -way line of F.M. 1325 as depicted on the TxDOT Right -of -Way Map (Travis & Williamson Counties F.M. Highway No. 1325 December 1950), from which a 1/2 -inch iron rod found bears South 23 °19'09" East, 0.31 feet; EXHIBIT B 1 Jay Dean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 ( .1.1417658 \MMEMPAR118 doc • ' EXHIBIT Page 2 of 3 Pages 4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along said northerly right -of -way line of F.M. 1325 and the southerly line of said Lot XI, passing at a distance of 403.58 feet (403.69') a 5/8 -inch iron rod found for the southwest corner of said 14.625 acre tract, continuing a total distance of 578.84 feet to a %z -inch iron rod with a TxDOT aluminum cap set for a point of curvature to the right, being the most southerly southwest corner of said Lot XI and the most southerly southeast corner of said Parker Drive; THENCE, along the line common to said existing easterly right -of -way line of Parker Drive and the westerly line of said Lot XI, the following two courses: 5. An arc distance of 39.43 feet (39.43') along said curve to the right, with a Radius of 25.00 feet (25.00'), a Delta Angle of 90 ° 22'37" (90 ° 21'42 "), a Chord Bearing and Distance of North 50 °21'44" West, 35.47 feet (N 47 °52'19" W, 35.47') to a %z -inch iron rod with TxDOT aluminum cap set for a point of tangency; 6. North 05 °10'25" West (N 02 °41'28" W), a distance of 254.70 feet (254.85') to the POINT OF BEGINNING and containing a computed area of 3.845 acres (167,488 square feet) of land, more or less. _ This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. PARKER DRIVE ROTES: 1.--15 FOOT V E ! IC UTILITY EASEMENT PER LA 200116RA SECTION IBIIIREPLATI CABINET R. SLIDES 290 -295 0.6.2.R. 1 P.O.B. PARCEL 118 I X.132.576.09 B STA.ST4+4A.74 1 1 I 1 205.05 LT r (N86 6.5 8 -I8 e (403.69' 584.26 S23 578.84' , ��0.31 , 1586'56'50'E j'- -FOIRD o I.R. DETAIL 'A' AN CANINE REGISTERED PROFESSIONAL LARD SURVEYOR TEXAS REG15TRATIOI N0. 4345 JACOB M. HARRELL SURVEY, A -284 DOR DB DEVELOPMENT VENTURES. LP. A TEXAS LLEO 14. PARTNERSHIP 625 ACRES DOC. .9844186 O.R.W.C.T. N85.04 16 E . 458.12 - 15' P.U.E CAB. R. S . LIDES 17-22 P.R.W.C.T. 1. BEARIN05 MID COORDINATES BASED ON 58 TEXAS STATE PLANE GOOD IRATE SYSTEY. HAD 83 CEN TRAL 2OE AND ADJUSTED TO 51YWACE 05(60 A SURFACE ADJUSTIEHT FACTOR CF 1.00012. 2. THIS SURVEY WAS PE/VOWED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE MO MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TD THESE TRACTS. RECORD 111E0FR/471O1 SHOWN ON THIS MAP (5 BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. 3. 082 84 SH I EREON I5 PER DESIGN SCHEMATIC FILE PROVIDED 4. O.R.W.C.T. 1N01CATES OFFICIAL RECORDS CF WILLIAMSON COUNTY TEXAS 5. R.P.R.T.C.T. INDICATES HEAL PROPERTY RECORDS OF TRAVIS C 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 8. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 9. W.C.D.R. (80(68TE5 WILLIAMSON COUNTY DEED RECORDS 10. T.C.P.R. INDICATES TRAVIS CCUNTY PLAT RECORDS 11. T.6.8.R. INDICATES TRAVIS COUNTY DEED RECORDS DATER •/4 - OQ N / LOT VIII ' LA FRONTERA SECT40NS1-4_1 l4flE#L- AT - -- ` PROPOSED R.O.X. 24 6 458.22 ) LOT XI CALLED 3.848 ACRES LA FRONTERA SECTIONS I311(REPLAT) CABINET R. SLIDES 290 -295 L,r=iII -- IB Il) -III dl 1 1 CONTROL OF A CC ESS - ---):-\-- 1 - 11 11 �`� I I 1 C 1- 59.43' (1- 39.43') l 1 _ 8- 25.00' 10.25.00'1 _ - A�0•22'37' 1490.2I'42 ti150.21'44'W IC.N47.52 ' 19 - FND. I.R. BEARS 35.47' 35.47'1 X11 FOUND I.R. . `l 5 23.19'09' E 0.31' - C 1115.30' ) .- .` 584•26'5811 518.84'1506 403.69 )EXISLJNG • S INVESTORS. L.P. .._4AINOER OF CALLED 227.8382 ACRES DOC. .9848753 ( O.R.W.C.T. 506 -DETAIL 'A' F.M. 1325 (120' WIDE) '--- - TXDOT RIGHT-OF -WAY MAP (TRAVIS 6 WILLIAMSON COUNTIES F.M. HIGHWAY N0. 1325 DECEMBER 19501 CONTTROC -0E= ACCESS__ ______ ______ _______________________________ ______ TRACT I 10084/93 TOM E. NELSON. JR.. REMAINDER OF 1 IN CALLED 12.12 ACRES 10084/93 -103 D R.2.R.T.8.T. Q 148/T01 -T11 O.R.W.C.T. • 0 D G 4 PROPOSED R.O.W. SURVEY LEGEND FOUND MDT BRASS DISK 1N CONCRETE SET TXDOT BRASS DISK IN CONCRETE SET "5' IRON ROD 9/TXDOT ALUM. CAP FOUND 6 7" IRON ROD UNLESS OTHERWISE NOTED FOUND 4' x 4' CONCRETE MONUTENT CALCULATED POINT ACREAGE PROPERTY LINE SUMMARY BASELINE (58.FT.) UTILITY POLE S.H.45 PARCEL PLAT FOR PARCEL 118 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DOR DB DEVELOPMENT VENTURES. L.P. SCALE: 1" = 100' JOB #: 417 -658 034 .E PROPERTY AREA ACQUIRED REMAINDER REMAINDER 3.845 (167.4881 3.845 1167.488) D SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: Oustinesurvcon.00m OATE: JUNE 2000 F.B. #: SH 45 DRAWN BY: JJC CAD FILE: par118 -sht -1 CHECKED BY: WJM SHEET 3 OF 3 • . " e ) County. Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: Property Description for Parcel 119 Being all that certain 0.003 of one acre (131 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), out of a called 14.625 acre tract of land conveyed to 1DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and out of a called 15.115 acre tract of land being Lot IX of the La Frontera Section I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 0.003 of one acre tract of land being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a Y2 -inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,132,474.32, Y= 10,149,682.10) set at 229.05 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 533 +46.49, being in the proposed northerly right - of -way line of said SH 45, the easterly line of said Lot IX, and being in the existing westerly right -of -way line of Parker Drive (100 feet wide) of said La Frontera Section I & II (REPLAT); 1. THENCE, South 05 °10'25" East (S 02 °41'28" E), along the said easterly line of Lot IX and said existing westerly right -of -way line of said Parker Drive, a distance of 24.84 feet to a 'A- inch iron rod with TxDOT aluminum cap set for the southeast comer of said Lot IX and the northeast corner of Lot X of said La Frontera Section I & II (REPLAT); 2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot IX and the northerly line of said Lot X, a distance of 24.84 feet to a Y2-inch iron rod with TxDOT aluminum cap set at 204.05 feet left of and perpendicular to said SH 45 Baseline Station 533 +22.20, for the beginning of a cutback curve to the left in the said proposed northerly right -of -way line of SH 45; 3. THENCE, an arc distance of 39.11 feet along said curve to the left, with a Radius of 25.00 feet, a Delta Angle of 89 °38'17 ", a Chord Bearing and Distance of North 39 °38'43" East, 35.24 feet to the POINT OF BEGINNING and containing a computed area of 0.003 of one acre (131 square feet) of land, more or less. J. \417658\M &B's \parcel l 19.doc EXHIBIT _ Page 1 of 3 Pages EXHIBIT C 1 s . SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 J:14I7658\M&B's \parce1119.doc EXHIBIT Page 2 of 3 Pages This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. Jay Dean Canine (, . /q- 60 Registered Professional Land Surveyor Texas Registration Number 4345 JAY DEAN CANINE KF �E �LLEGEND ' • TIiio TXOOT BRA55 015X.1N CONCRETE SET TXDOT BRASS D155 IN CONCRETE O . SET ih IRON 000 M /TIDIOT ALUM. CAP • POMO 1 'j IRON RED UNLESS OTHERWISE NOTED FOUND 4' x 4' CONCRETE 110NUMFJIT CALCULATED POINT PROPERTY LINE BASELINE UTILITY POLE 35/45 INVESTORS. L.P. REMAINDER OF A CALLED 227.8382 ACRES DOC. 49848753 O.R.W.C.T. DOR OB DEVELOPMENT VENTURES. LP. A TEXAS LIMITED PARTNERSHIP CALLED 14.625 ACRES OOC. 29844186 LOT IX O.R.W.C.T. 15.115 ACRES LA FRONTERA SECTION 1E11(REPLAT) CABINET R. SLIDES 290 - 295 W .C.P.R. NOTES: 1 15 FOOT WIDE PUBLIC UTILITY EASE3ENT CAB. R. SLIDES 17 -22 i JAY DEAN CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 15' P.U.E. CAB. R. 5LIOES 17 -22 LOT X 3.821 ACRES LA FRONTERA SECTION Id1I(REPLAT) CABINET R. SLIDES 290-295 W.C.P.R. JACOB M. HARRELL SURVEY. A-284 BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION SHOWN ON THIS MAP IS BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. 3. THE BASELINE SHOWN HEREON 15 PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. 4. D.E. INDICATES DRAINAGE EASEMENT 5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS 7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 8. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS 9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS 10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS 11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORD 12. T.C.C. INDICATES TRAVIS COUNTY CLERK co:* PROPOSED 8. 0.8 1.39.11' R.25.00' 19 17' C"109 35.24' 504'27 24.84' (S86'S6'S0'W) * JAY DEAN CANINE �� gfc 4345 sV . DATE: - /4-6'e 15 FOOT WIDE PUBLIC UTILITY EASEMENT PER LA FRONTERA SECTION IAII(REPLATI CABINET R. SLIDES 290 -295 W.C.P.R. P.D.B. PARCEL 119 0.3.132.474.32 Y- 10.149. 022.10 TA. 3 .4 Q � aq a3Eg Yo V �i 6 1X� J 5.14.45 PARCEL PLAT FOR PARCEL 119 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DOR OB DEVELOPMENT VENTURES. L.P. ACREAGE SUMMARY ISO.FT.1 1 i WHOLE PROPERTY ACQUIRED REMAINDER ')(AINOER 15.115 1658.409) 0.003 11311 15.112 1656.2191 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: cust(nesurvcoD.com SCALE: 1" = 20' DATE: JUNE 2000 DRAWN BY: JJC CHECKED BY: LWS JOB TP: 417 -658 F.B. 6: SH 45 CAD FILE: por119 -sht -1 SHEET 3 OF 3 EXHIBIT _ Page 1 of 4 Pages County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: Part 1 J.4n7658\M &B's\parce112optl &pt2 doc Property Description for Parcel 120 Part 1 and Part 2 Being all that certain 0.044 acre (1,917 square feet) of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), being out a of called 14.625 acre tract of land conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS-LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T. and being a portion of a called 20.679 acre tract of land, being Lot VIII of the La Frontera Sections I & 11 (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 0.044 acre of land being more particularly described in two parts by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 'A-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,132,573.82, Y= 10,149,692.06) set at 230.24 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 534 +46.18, being in the proposed northerly right -of -way line of said SH 45, being in the westerly line of said Lot VIII, and being in the existing easterly right -of- way line of Parker Drive (100 feet wide) of said LA Frontera Sections I & II ( REPLAT) for the beginning of a curve to the left; 1. THENCE, an arc distance of 39.43 feet along the proposed northerly right -of -way line of SH 45, being a curve to the left, with a Radius of 25.00 feet, a Delta Angle of 90 °21'43 ", a Chord Bearing and Distance of South 50 ° 21'17" East, 35.47 feet to a 'cinch iron rod with a TxDOT aluminum cap set at 205.31 feet left of and perpendicular to SH 45 Baseline Station 534 +71.40, being in the proposed northerly right -of -way line of SH 45, being in the southerly line of said Lot VIII, and being in the northerly line of Lot XI of said La Frontera Section I & II (REPLAT); 2. THENCE, South 84 °27'52" West (S 86 ° 56'50" W), along the southerly line of said Lot VIII and the northerly line of said Lot XI, a distance of 25.16 feet to a %z -inch iron rod with a TxDOT aluminum cap set for the southwesterly corner of said Lot VIII, the northwesterly corner of said Lot XI and being in the said existing easterly right-of-way line of Parker Drive; 3. THENCE, North 05 ° 10'25" West (N 02 °41'28" W), along the said westerly line of Lot VIII and the existing easterly right -of -way line of said Parker Drive, a distance of 25.16 feet to the POINT OF BEGINNING and containing a computed area of 0.003 acre (131 square feet) of land, more or less, for Part 1. EXHIBIT Part 2 1\417658 EXHIBIT Page 2 of 4 Pages • COMMENCING at a 1/2 -inch iron rod found for a northeast corner of said Lot VIII and the northwest corner of Lot 1 TOWN AND COUNTRY MALL SUBDIVISION, recorded in Cabinet L, Slide 57 W.C.P.R. as conveyed to QRS11 -29 (Tx), Inc., recorded in Volume 2427, Page 328 O.R.W.C.T.; THENCE, South 05 °34'03" East (N 03 °04'19" W), along the easterly line of said Lot VIII, the westerly line of said Lot 1, a distance of 819.17 feet to a TxDOT brass disk in concrete (X = 3,133,266.30, Y = 10,149,734.70) set in the proposed northerly right -of -way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45 Baseline Station 541 +39.73 for the northeast corner and the POINT OF BEGINNING of the herein described tract; 1. THENCE, South 05 °34'03" East (S 03 °04'19" E), along said easterly line of Lot VIII and said westerly line of said Lot 1, a distance of 5.63 feet to a 5/8 -inch iron rod found for the southwest comer of said Lot 1, the southeast corner of said Lot VIII, being in the existing northerly line of Parcel 3, a called 2.2540 acre tract, as conveyed to the State of Texas, recorded in Volume 1656, Page 810 O.R.W.C.T.; 2. THENCE, South 84 °26'59" West (S 86 °51'56" W), along the southerly line of said Lot VIII and the northerly line of said Parcel 3, a distance of 91.39 feet (91.29') to a %x -inch iron rod found for the northwest corner of said Parcel 3 and the northeast comer of Lot XI of said La Frontera Section I & lI (REPLAT); 3. THENCE, South 85 °04'16" West (S 87 °34'24" W), along said southerly line of Lot VIII and the said northerly line of Lot XI, a distance of 458.12 feet (458.22') to a 1/2-inch iron rod with a TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of said SH 45 at 206.37 feet left of and perpendicular to SH 45 Baseline Station 535 +90.27; 4. THENCE, North 84 °22'52" East, along said northerly right -of -way line of SH 45, a distance of 549.48 feet to the POINT OF BEGINNING and containing a computed area of 0.041 acre (1,786 square feet) of land, more or less, for Part 2 for a total combined area of 0.044 acre (1,917 square feet) of land, more or less, for Parts 1 and 2. t-, This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Tumer Collie and Braden, Inc. Jay Dean Canine 6 - Iq - ao Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 1:\417658N1 &B'siparceI l2Opt l &pt2.doc EXHIBIT _ Page 3 of 4 Pages • JAY DEAN CANINE 120 PMT 1 000* ACQUIRED 0.003 (1311 120 PART 2 ACQUIHED (1.7861 NOTES: 2. 3. 4. 5. 6. T. 8. 9. 10. 11. 12. 50RVEY LEGEND - FOUND TXDOT BRASS DISK IN CONCRETE SET TXOOT BRASS DISK IN CONCRETE ■ SET 1R01) R00 W/TX00T ALUM. CAP - FOUW 62' IRON ROO UNLESS 070080ISE NOTED - FOND 4' x 4' CONCRETE 140NUME)17 - CALCULATED POINT PROPERTY LINE BASELINE UTILITY POLE 2� PT. JAY DEAN CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 P.O.8. PARCEL 120 PT. 1 0.3.132.573.82 7-10.149.692.06 584 25.16' 1586'56'50'W/ PROPOSEDI R.O.W. 1 .39.43' 8-25.00' 1-90 I Crt50'21'17'E 35.47' BEARINGS AND 000801NATE5 BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION SHOWN ON THIS MAP IS BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. THE BASELINE SHOWN HEREON 15 PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. D.E. INDICATES DRAINAGE EASEMENT P.U.E. INDICATES PUBLIC UTILITY EASEMENT O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 6.0.0.8. INDICATES WILLIAMSON COUNTY DEED RECORDS R.P.R. T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS T. C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS •• INDICATES TRAVIS COUNTY CLERK .. 15' P.O.E. PER LA FRONTERA SECTION 181I1REPLAT) CABINET R. SLIDES 290 -295 TEXAS JAY DEAN CANINE -0 '. �.. /46 i• s sL ?. DATE: G -/4.494' 35/45 INVESTORS. L.P. REMAINDER OF A CALLED 227.8382 ACRES DOC. 0)9848753 O.R.W.C.T. DOR DB DEVELOPMENT VENTURES. LP. A TEXAS LIMITED PARTNERSHIP CALLED 14.625 ACRES DOC. 0)9844186 O.R.W.C.T. LOT VIII 20.679 ACRES LA FRONTERA SECTION 16)I(REPEAT) CABINET R. SLIDES T -295 1 W.C.P.R. ...... I DATE: JUNE 2000 DRAWN 0Y: JJC CHECKED BY: LWS 15 FOOT WIDE PUBLIC UTILITY EASEMENT-. CA8. R. SLIDES 17 -22 15' P.U.E. CAB. R. SLIDES 17 -22 P.R.W.C.T. LOT XI 3.848 ACRES LA FRONTERA SECTIONS 16II(REPLATI CABINET R. SLIDES 290 -295 W.C.P.R. JACOB M. HARREI.L SURVEY. A -284 ACREAGE SUMMARY (50.07.1 WHOLE 20.679 PROPERTY 1900.777) RE LEF R 5.11.45 PARCEL PLAT FOR PARCEL 120 PT 1 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DDR DB DEVELOPMENT VENTURES. L.P. 20.635 (890.8601 A 1 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (512) 899 -9390 EMAIL: custinesurvcon.com SCALE: 1' = 20' JOB 00: 417 -658 F.B. tt: 511 45 CAD FILE: por120 -sht -1 SHEET 3 OF 4 t NOTES: 1. SURVEY LEGEND • FOUND T7007 BRASS DISK IN CONCRETE • SET 50007 BRASS DISK IN CONCRETE - SET ' IRON ROD W /TXDOT ALUM. CAP - F01M IRON ROD UNLESS 07NERW15E NOTED • FOUND 4 z 4' CONCRETE NONUIENT • CALCULATED POINT PROPERTY LINE - BASELINE • UTILITY POLE I I 111 15' P.U.E. 1 1 CAB. RC IDES 17-22% '2061 '�'SL5!4Q )TLS V ' - "1'fl IPOSEO 535+00 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. #9848753 O.R.W.C.T. JACOB M. HARRELL SURVEY, A -284 DOR DB DEVELOPMENT VENTURES. LP. A TEXAS LIMITED PARTNERSHIP CALLED 14.625 ACRES DOC. 719844186 O.R.W.C.T. LOT VIII 20.679 ACRES LA FRONTERA SECTION IEII(REPLAT) CABINET R. SLIDES 290 -295 W .C.P.R. 15' P.U.E. R. SLIDES 17 -22 549.48' 585.04'16'8 458.12' /587.34'24'8 452.22'1 PER LA FRONTERA CONTROL OF ACCESS r SECTION SL IIIREPL 0 -2 CABINET R. SLIDES 290 -295 � 1 , LOT XI CALLED 3.848 ACRES LA FRONTERA SECTIONS I&IIIREPLAT) CABINET R. SLIDES 290 -295 W.C.P.R. 1 1 BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. RA0 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WA5 PERFORMED WITHOUT THE BENEFIT OF A COMLIITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION SHOWN ON THIS MAP IS BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. 3. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. 4. D.E. INDICATES DRAINAGE EASEMENT 5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 6. D.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS 7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 8. W.C.P.R. INDICATES WILLIAMSON COUNTY DEED RECORDS 9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS 10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS 11. T.C.P.R. INDICATES TRAVIS COUNTY 0EE0 RECORDS 12. T.C.C. INDICATES TRAVIS COUNTY CLERK P.n.B. PARCFLS 120 PT. 2'� X•.132.266.30 0.10.149.734.70 57A. 541 +39.73 LT. „ ---'212.04' 501 1007 BRA5 0158 IN CDNCREIE 0 DRAWN BY: JJC CHECKED BY: LWS ORS 11- 29ITXI. INC. 2427/328 O.R.W.C.T. 1 P.O.CFNDL 120 PT 2 I.R. R FQND 'Z' 1.9, LOT 1 TOWN AND MAUL SUB. CAB. L. 5L. 57 W /C.P.5. - 1 5.8.45 PARCEL PLAT FOR PARCEL 120 PT 2 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DDR DB DEVELOPMENT VENTURES. L.P. GATE: JUNE 2000 F.B. #: SH 45 I 1 84-�6'S9'W 91.3 ( 56'8 91.29' qR� 505 ' I. R. '0'1 1 , STATE OF XAS CALLED 2.2548 ACRES PARCEL ,3 1656/810 O.R.W.C.T. SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282, FAX (512) 899 -9390 EMAIL: austinesurvcon.com SCALE: 1" = 100' JOB #: 417 -658 CAD FILE: par120 -sht -2 SHEET 4 OF 4 Acquisition of Property from DDR Joint Ventura for SH-45 Right-of-Way DATE: August 4, 2000 SUBJECT: City Council Meeting — August 10, 2000 ITEM: 10.B.6. Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement for Transportation Purposes with DDR DB Development Ventures, L.P. for the SH 4S 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- 10-10B6 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 day of January 2002. 2002003707 24 Pes 2 CHRISTINE R. MARTINEZ, City Secretary RESOLUTION NO. R- 00- 08- 10 -10B6 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 DDR DB Development Ventures, L.P., 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 DDR DB Development Ventures, L.P., 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 K:\ UPDOCS \RRSOLUTI \R /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 loth day of August, 2000. ATTEST: LAND, City Secretary 2 R ERT A. STLUKA, ., Mayor City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON \UPDOCS \ACITY \SH 45 \LaFronreralDdc dr \P- Sanal.vpd /e1s § This Possession and Use Agreement ( "Agreement, ") effective the ID day of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City "), and DDR DB Development Ventures LP, a Texas limited partnership (the "Grantor "), grants 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 as Exhibits A, B, C and D) and made a part of this Agreement by reference (the "Property "). 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys 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 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 utilities 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 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 Grantor the sum of One Hundred Thousand Dollars ($100,000.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. The City will be entitled to take possession and use of the Property upon tender of payment. Provided however, City agrees that Grantor may continue to occupy a structure located on the Property until it is necessary to vacate for utility relocation or project construction. Grantor agrees to vacate said structure no later than fifleen (15) days after receipt of notice from the City to do so. 3. This Agreement is made with the understanding that the Parties hereto are simultaneously entering into a Real Estate Contract whereby the City agrees to purchase and the Grantor agrees to sell the Property for an agreed upon purchase price. Under the terms of said Real Estate Contract, the closing date may occur as late as December 1, 2000, but it is in the interests of the Parties hereto for construction of SH 45 to commence as soon as possible, 1 which this Agreement will allow. Grantor warrants and represents that the title to the Property will be conveyed free and clear of all liens and encumbrances and that proper releases will be executed for the Property prior to funds being disbursed under said Real Estate Contract. Grantor further warrants that no other person or entity owns an interest in the fee title to the Property. The Grantor further agrees to indemnify the City from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 4. If the City acquires additional real property from the Grantor or the Grantor's affiliates as part of the same transportation project for which the Property is being acquired, such acquisition of additional property shall not be deemed a second taking. Accordingly, Grantor or Grantor's affiliates shall be entitled to the fair market value of said additional property, but shall not be entitled to any increase in property value to the additional property resulting solely from the influence of the transportation project on the value of the additional property. 5. The purpose of this Agreement is to allow the City to proceed with its construction project without delay. 6. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 9. It is agreed the City will record this document. 2 10. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of its obligations to Purchase the Property under the terms of Real Estate Contract described in paragraph 3 above. I I. 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. 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. In witness whereof, this instrument is executed on this the / day of August, 2000. State of Texas af4 County of Williamson G41. y /tit o jt Grantor: DDR DB Development Ventures LP By: DDR DB Opportu Sub, Inc., General Partner , By: ��� a Vill Name: ] • 11i11}► . Title: Q ., '/Y S 1 5605 N. MacArthur Blvd., Suite 210 Irving, Texas 75038 Accepted and agreed to by the City this the 21 day of August, 2000. City of Round Rock, Texas By. Acknowledgments 3 sn lI 1 %ni Ro.ert A. Stluka, its Mayor This instrument acknowledged before me on August /y , 2000 by /V 3 u utimf , y; cP Asa nit of DDR DB Opportunity Sub, Inc., General Partner, of DDR DB Development Ventures LP. Notary Public in and for the State ofTcxaso/ir'o My commission expires ? . % f , 200Y PAULA JONES, Notary Public State of Ohio, Cuyahoga County My Commission Expires Jan. 11, 2004 State of Texas County of Williamson This instrument was acknowledged Mayor of the City of Round Rock, Texas. before me on August 10 , 2000 by Robert A. Stluka, awitAtok• rtA (signature) C/1 LSrJtz R. fARTMJJ (typed name) CHRISTINE R. tt RTINEZ MY commission EXPIRES Notary Public in and for August 5, 2001 the State of Texas My commission expires Au6 5 , 200L 4 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT _ Page I of 5 Pages Property Description for Parcel 117 Being all that certain 3.821 acre (166,443 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, being out of the remainder of a called 227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), out of a called 14.625 acre tract of land conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a called 3.821 acre tract of land being Lot X of the La Frontera Section I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.821 acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a Ys -inch iron rod with Texas Department of Transportation ( TxDOT) aluminum cap (X= 3,131,797.48, Y= 10,149,591.54) set at 222.86 feet Left of and perpendicular to State Highway 45 (SH 45) Baseline Station 526 +79.27, being in the proposed northerly right - of -way line of said SH 45, being the northwest corner of said Lot X and the southwest corner of Lot IX of said La Frontera Section I & II ( REPLAT); I. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the line common to said Lot X , Lot IX and the northerly right -of -way line of SH 45, passing at a distance of 657.42 feet a %z -inch iron rod with TxDOT aluminum cap set for a point of curvature in the proposed northerly right -of -way line of said SH 45, continuing along the said Lot X and Lot IX common line for a total distance of 682.26 feet (682.27') to a %s -inch iron rod with TxDOT aluminum cap set for the northeast comer of said Lot X, the southeast comer of said Lot IX, and being in the westerly right -of -way line of Parker Drive (100 feet wide) as depicted and recorded in said LA Frontera Section I & II ( REPLAT); THENCE, along the easterly line of said Lot X and the said westerly right -of -way line of Parker Drive, the following two courses: 2. South 05 °10'25" East (S 02 °41'28" E), a distance of 255.05 feet (255.17) to a %z -inch iron rod with TxDOT aluminum cap set for the beginning of a curve to the right; l: \417658\M &B's \parceI117 doc EXHIBIT 4 EXHIBIT _ Page 2 of 5 Pages 3. An arc distance of 39.11 feet (39.11') along said curve to the right, with a Radius of 25.00 feet (25.00'), a Delta Angle of 89 °37'23" (89 °38'18 "), a Chord Bearing and Distance of South 39 °38'16" West, 35.24 feet (South 42 °07'41" West, 35.24') to a %a -inch iron rod with TxDOT aluminum cap set for the point of tangency and being the southwest comer of said Parker Drive, the most southerly southeast corner of said Lot X and being in the existing northerly right -of -way line of F.M. 1325 (120 feet wide) as depicted on the TxDOT Right - - Way Map (Travis & Williamson Counties F.M. 1325 December 1950); 4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along the southerly line of said Lot X and the existing northerly right -of -way line of F.M. 1325, a distance of 219.93 feet (219.92') to a '/z -inch iron rod with TxDOT aluminum cap set for the southeast comer of a called 0.617 of one acre tract of land conveyed to Williamson County, Texas recorded under Document NO.' 199945868 O.R.W.C.T.; 5. THENCE, North 16 °00'31" West (N 13 °31'33" W), along the easterly line of said 0.617 of one acre tract, a distance of 209.92 feet (209.97') to a '/z -inch iron rod with TxDOT aluminum cap set for the northeast corner of said 0.617 of one acre tract; 6. THENCE, South 84 °23'22" West (S 86 °52'19" W), along the northerly line of said 0.617 of one acre tract, a distance of 129.90 feet(129.90') to a 'A-inch iron rod with TxDOT aluminum cap set for the northwest corner of said 0.617 of one acre tract; 7. THENCE, South 16 °13'27" East (S 13 °44'29" E), along the westerly line of said 0.617 of one acre tract, a distance of 209.93 feet (209.94') to a 1/2-inch iron rod with TxDOT aluminum cap set for the southwest corner of said 0.617 of one acre tract and being in the said existing northerly right - of - way line of F.M. 1325; THENCE, along the existing northerly right -of -way line of said 1325 and the southerly line said Lot X, the following two courses: 8. South 84 °26'58" West (S 86 ° 56'50" W), a distance of 59.03 feet (58.50') to a'' /z -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the left; 9. An arc distance of 250.11 feet (250.65') along said curve to the left, with a Radius of 1,014.93 feet (1014.88'), a Delta Angle of 14 °07'10" (14 ° 09'02 "), and a Chord Bearing and Distance of South 77 °23'23" West, 249.48 feet (South 79 °52'56" West, 250.01') to a %z -inch iron rod with TxDOT aluminum cap set for the southwesterly comer of said Lot X and the southeast corner of Lot 5, Block F of the La Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 W.C.P.R.; 1:\417658\M &B's1parce1117 doc • EXHIBIT Page 3 of 5 Pages 10. THENCE, departing the said northerly right -of -way line of F.M. 1325, North 05 ° 32'08" West (N 03 °03'10" W), along the easterly line of said Lot 5 and the westerly line of said Lot X, passing at a distance of 308.78 feet a 1 A-inch iron rod with TxDOT aluminum cap set for a angle point in the said proposed northerly right -of -way line of SH 45, continuing along the easterly line of said Lot 5, the westerly line of said Lot X and the proposed northerly right -of- way line of SH 45 for a total distance of 310.72 feet (310.75') to the POINT OF BEGINNING and containing a computed area of 3.821 acres (166,443 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 1: \417658\M &B's \parcel117.doc Jay Dean Canine ( - /4- O° Registered Professional Land Surveyor Texas Registration Number 4345 JAY DEAN CANINE 5. SURVEY LEGEND ▪ - • FOUNQ TXDOT GRASS DISK IN CONCRETE ❑ - SET TXDOT BRASS DISK IN CONCRETE O - SET Uj 18(84 ROU M /TX00T ALUM. CAP ▪ - F0RO .'( IRON ROD UNLESS OTHERWISE NOTED ® - FOUND 4' x 4' CONCRETE N71U16148 6 - CALCULATED POINT 0. - PROPERTY LINE x 0. - BASELINE UTILITY P180 :OMSTPU -'1OP 4PF DEVIL 'A'� LOT 5. BLOCK F CALLED 6.17 ACRES LA FRONTERA SECTION I)1B CABINET 5. SLIDES 69-76- RESERVED FO FUTURE RIGHT -OF -WAY. BUT NOT .0 DEDICATED BY THIS PLAT z 8 35/45 INVESTORS. L.P. REMAINDER OF CALLED 227.8382 ACRES DOC. 49848753 LA O.R.W.C.T. DDR DB DEVELOPMENT VENTURES. LP. A TEXAS LIMITED PARTNERSHIP CALLED 14.625 ACRES DOC. 49844186 O.R.W.C.T. i CALLED 3.821 ACRES LA FRONTERA SECTION IdIIIREPLATI CABINET R. SLIDES 290 -295 Y.C.P.R. B_ S.N. 45 P.0.8. PARCEL 117 . 9R3.151.717.48 - 10.149.591.54 TA. 5 6iT'. T 22.86 L • 086'56'50'01 884 602.26'1682.27 CONTROL OF ACCESS PROPOSED 1450.1)' 1L458.83') 1546'56'59'9 8-1.014.93' (8- 1.014.88') 51.50') .•14.09'10' 1a- 14.09 584 C 4'1.21'27'9 I6- 579.52.56 -v, 59.01' 249.48' 1 250.01•) F00 - 60, D0 0 EXISTING ----------------- 1. BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CENTRAL ZONE AN0 ADJUSTED TO SURFACE USING A SURFACE ADJUSTIENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COIMITIENT FOR TITLE INSURANCE AND AMY NOT INCLUDE EA5EIENT5 AND INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION SHOW ON THIS MAP 15 BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. 3. 114E 845ELIIE 500VN 14EREDN IS PER A 0E5)0N SCHEMATIC FILE PROVIDED 8Y 1WOER. 68011E IJ10 BRA0EN. INC. 0.8.9.0.7. INDICATES OFFICIAL RECORDS OF 8ILLIAMSCW COINTT TEXAS R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COU 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. Ue)1CATES PUBLIC UTILITY EASEMENT 8. 0.0.P.8. INDICATES WILLIAMSON COUNTY PLAT RECORDS 9. 8.0.D.R. INDIG9E5 8ILLIAI60I CO)NTT DEED RECORDS 10. 7.6.8.8. 11AII:ATES TRAVIS COUNTY PUT RECOR05 11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS 12. T.C.C. INDICATES TRAVIS COUNTY CLERK JAY DEAN CANINE GATE• REGISTERED PRCFESSIOIAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 CONTROL_OF_ACCESS. PROPOSED 8.0.8. S.N. 45 ' R.O.W. S.H. 45 .M. 1325 120' WIDE) It CURVE DATA L .1.230.95' R -9.657.80' CB. S86•18 51'E CO- 1.230.10' PC- 521428.36 PT- 533+59.11 PI- 527.44.68 X - 3.131.893.5) 1 - 10.149.401.09 657.42' DETAIL '4' 5.0.45 N T.S. PARCEL PLAT FOR PARCEL 117 COUNTY: WILLIAMSON GRANTOR :35/45 INVESTORS. L.P. DOR DB DEVELOPMENT VENTURES. L.P. 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 - 9390 EMAIL: DUst1n&survcon.com SCALE: 1" = 100' DATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM u$ '7-TF 984 ^26 58'W 19.43' ACREAGE SUMMARY (50.01.) 0101E PROPERTY AREA ACO)1RED REMAINDER NEMAIMDER RIGHT 3.821 1166.443) 3.821 1166.443) JOB u: 417 -658 F.B. u: SH 45 CAD FILE: per117 -snt -1 SHEET 4 OF 5 JACOB SURVE M. YHA A RR284 ELL R.ECORDERSMEMORANDUII� , All or part of the tat on this page was noi clearly legible for satisfactory recordation. LOT IX 15.115 ACRES FRONTERA SECTIRI5 IAII(REPLATI CABINET R. SLIDES 290 -295 LOT 2. BLOCK A 52.568 ACRES LA FRONTERA SECTION II CABINET R. SLIDES 17 -22 W. C.P.R. 1905' S2' 197? ) 584•23'T2'Y 179.90' • 6 PROPOSED R.0.1 1 270.67 R- 3.316. A.04.40' 0180.06 270.6 1 M03 NO5 1.94' CONTROL OF ACCESS LOT XI CALLED 3.848 ACRES LA FRONTERA SECTIONS I6II(REPLAT) CABINET R. SLIDES 290 -295 W.C.P.R. I 535400 IL-39.11'1 10 -65.00' ) (•-69 (C- 542.07'41'In 35.24') CONTROL OF ACCESS S.H.45 PARCEL PLAT FOR PARCEL 117 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DDR DB DEVELOPMENT VENTURES. L.P. 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 - 9390 EMAIL: aust)nesurvcon. com SCALE: 1' = 100' OATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM JOB #: 417 -658 F.8. #: SH 45 CAD FILE: par117 - sht - 2 SHEET 5 OF 5 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. /49848753 O.R.W.C.T. N LL 0 SURVEY LECEI4) • FOIBA TXDOT BRASS DISK IN CONCRETE ❑ - SET MOT BRASS 0)5X IN CONCRETE Q - SET 'h IRON ROD 8/TXDOT ALU18 CAP • - FOUND ( .z IRON ROO UNLESS OTNERM)SE NOTED ® - FOLNU 4' x 4' CONCRETE (0416EN7 CALCULATED POINT • - PROPERTY LINE 8 BA5EL115 • - UTILITY POLE 15' PER LA FROITERA SECTION 181 I(REPLATI CABINET R. SLIDES 290 -295 •. C. P. R. (806'56'50'E) l 682.27'1 — 884'27'52'E 682.26' 504'26'50'V 219.93' 1586'56'50'0 2 EXISTING JACOB M. HARRELL SURVEY, A -284 PROPOSED R.0.11. RECORDERS MEMORANDUM All or parts of the test on this page was not clearly legible for satisfactory recordation. 1.39.11' 0085.00' A.59 C.639 35.24' . County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT Page 1 of 3 Pages Property Description for Parcel 118 Being a 3.845 acre tract (167,488 square feet) of land situated in the Jacob M. Harrell Survey, A- 284, Williamson County, Texas being out of a called 227.8382 acre tract of land as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), being out of a called 14.625 acre tract of land as conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and being all of a called 3.848 acre tract of land being Lot XI of the La Frontera Sections I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 3.845 acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap (X = 3,132,576.09, Y = 10,149,667.00) set in the existing easterly right -of -way line of Parker Drive (100 feet wide) recorded in said La Frontera Sections I & II (REPLAT) at 205.09 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 534 +46.24 for the most westerly southwest corner of Lot VIII of said La Frontera Section I & II (REPLAT) and being the northwest corner of the herein described tract; 1. THENCE, North 84 °27'52" East (N 86 °56'50" E), along the northerly line of said Lot XI, the southerly line of said Lot VIII, passing at a distance of 25.16 feet a'' /z -inch iron rod with a TxDOT aluminum cap set for a point of tangency in the proposed northerly right -of -way line of State Highway 45, continuing along said common line for a total distance of 144.03 feet (144.03') to a ''A -inch iron rod with a TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of SH 45; 2. THENCE, North 85 °04'16" East (N 87 °34'24" E), departing said proposed northerly right -of- way line of SH 45 with the northerly line of said Lot XI and the southerly line of said Lot VIII, a distance of 458.12 feet (458.22') to a' cinch iron rod found for the northeast comer of said Lot XI and the northwest comer of a called 2.2540 acre tract of land, Parcel 3, as conveyed to the State of Texas, recorded in Volume 1656, Page 810 O.R.W.C.T.; 3. THENCE, South 05 ° 33'26" East (S 03 ° 05'07" E), along the easterly line of said Lot XI and the westerly line of said Parcel 3, a distance of 274.85 feet (275.04') to a point for the southeast corner of said Lot XI, the southwest comer of said Parcel 3 and being in the existing northerly right -of -way line of F.M. 1325 as depicted on the TxDOT Right -of -Way Map (Travis & Williamson Counties F.M. Highway No. 1325 December 1950), from which a 1/2 -inch iron rod found bears South 23 ° 19'09" East, 0.31 feet; J.1417658W1 &B'9PARl 18 doc EXHIBIT B EXHIBIT Page 2 of 3 Pages 4. THENCE, South 84 °26'58" West (S 86 °56'50" W), along said northerly right -of -way line of F.M. 1325 and the southerly line of said Lot XI, passing at a distance of 403.58 feet (403.69') a 5/8 -inch iron rod found for the southwest comer of said 14.625 acre tract, continuing a total distance of 578.84 feet to a %2 -inch iron rod with a TxDOT aluminum cap set for a point of curvature to the right, being the most southerly southwest corner of said Lot X1 and the most southerly southeast corner of said Parker Drive; THENCE, along the line common to said existing easterly right -of -way line of Parker Drive and the westerly line of said Lot XI, the following two courses: 5. An arc distance of 39.43 feet (39.43') along said curve to the right, with a Radius of 25.00 feet (25.00'), a Delta Angle of 90 °22'37" (90 °21'42 "), a Chord Bearing and Distance of North 50 °21'44" West, 35.47 feet (N 47 °52'19" W, 35.47') to a Y.-inch iron rod with TxDOT aluminum cap set for a point of tangency; 6. North 05 °10'25" West (N 02 °41'28" W), a distance of 254.70 feet (254.85') to the POINT OF BEGINNING and containing a computed area of 3.845 acres (167,488 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. Jay Dean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 June 14, 2000 J:k 17658VN &B's\PARI I8 doe PARKER DRIVE NOTES, 1 6 -----15 FOOT WIDE PUBLIC SECTICN 13.11iREPLAT) UTILITY EASEMENT PER LA FROHTF_RA CABINET R. SLIDES 280-285 0.0.9. PARCEL Ile 2.132.516.09 Y*0.149.667.00 STA.,5144.46 24 205.09 LT — \ 0 1484 — IND JAL 6•56 •a-V- 50"E 144.03') JACOB M. HARRELL SURVEY, A-284 LOT VIII CALLEIPar.379 LA FRONFERA SECT4045.4.4.1 N135.04 16 .458.12'IN87.34 24 :(IN OF ACCESS I ! 6 4.90.22 IA.90•21 I • . , • . 1 .03,5. - ,1: - , 7:4'.-:T:\\-.\\ Is / ':\ \ ' ''''' LOT XI I ‘ LA FRONTERA SECTIONS 10 71 5. i CABINET R. SLIDES 2 ,04 CALLED 3.848 ACR W.C.P.R. i k :25; 4 - -- - -- - 50.27447 '1 ,, ::: 4 , TIE ;s11 \ \: StE:C -NC 1405.69' 584.26•Se'w ‘. STa.C.4' r — Ilrgt;17 16-001J641 I.R. DETAIL '4' N.T.S. DATE. c2e9 NCANTNE REGISTERED PRCEESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4345 DDR DB DEVELOPMENT VENTURES. LP. A TEXAS LIMITED PARTNERSHIP CALLED 14.625 ACRES DOC. 09844186 O .R.W.C.T. CAB. 4!"stittf FOUND 9, e 1.8. CENTRO. DE ACCESS 405.58' 597126 578.84'1086•565011 403.69') TRACT I 10084/93 TOM E. NELSON. JR.. R.P.R.T.C.T. TRUSTEE NO. II REMAINDER OF TRACT I RECORDERS MEm CALLED 12.12 ACRES 0 ,,.,10004/93-103 A y ear or f art .solthetexto nt hi spa lylegib efor Y. satishaoryrecordwas an on, BEARINGS AND COMPUTES BASED di THE TEXAS STATE PLANE COORDINATE SYSTEM. RAD 85, CENTRAL 2C2E AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORmED RITMO"( THE BENEFIT OF A COMITJENT FOR TITLE INSURANCE AND mAT NOT INcLuoE EASEMENTS AND INFORNATIEN PERTAINING TO THESE TRACTS. RECORD IWODAATTEN SHOWN CH THIS MAP IS BASED oN PUBLIC RECORD INFORMATIoN. THE so8o/E938 HAS NOT ABSTRACTED THE5E TRACTS. 3. THE BASELINE SHDITN HEREGN IS PER A DESIGN SCHEMATIC FILE PROVIDED By TURNER. COLLIE AND BRADEN. INC. 4. O.R.W.C.T. INDICATES OFFICIAL RECORDS CF WILLIAMSON COUNTY TEXAS 5. R.P.R.T.C.T. INDICATES REAL PITCPERTY RECORDS CF TRAVIS C 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. INDICATES puecm UTILITY EASEIAENT 8. W.C.P.R. INDICATES wiLLIAMSON [CUNT, PLAT RECORDS 9. 8.1.0.8. INDICATES WILCIAMSCO COUNTY DEED RECORDS 10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS 11. T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS ----- ___----_,, ,5 INVESTORS. L.P. .-.1AINDER OF CALLED 227.8382 ACRES DOC. 419848753 O.R.W.C.T. PROPOSED R.O.W. EXISUNG _ _ ------------ P.M. 1323 (120' WIDE) TXDOT RIGHT-OF-WAY MAP (TRAVIS & WILLIAMSON COUNTIES P.M. HIGHWAY NO. 1325 DECEMBER 1950) -- 7 ------------ 7 ----------- S.H.45 PARCEL PLAT FOR PARCEL 118 COUNTY: WILLIAMSON GRANTOR:35/45 INVESTORS. L.P. DOR DB DEVELOPMENT VENTURES. L.P. SUR171.7014 PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899-8282. FAX (512) 899-9390 EMAIL: austinesurvcm.com SCALE: 1 = 100' DATE: JUNE 2000 ORAWN BY: JJC CHECKED BY: WJM PROPOSED 0.0.9. ACREAGE SUMMARY ISO.FT.) SURVEY LEGEND FOLIHD TXDOT BRASS DISK IN CONCRETE = SET TXDOT BRASS DISK IN CONCRETE • SET 1 1 IRON ROO w/TXDOT ALUM. CAP FCUND L,' IRON RoD UNLESS OTHERNISE NOTED - FOUPO 4' x 4' CONCRETE 1.108AENT CALCULATED POINT PROPERTY LINE - BASELINE UTILITY PCCE BNOLE PROPERTY AREA ACOUIRED REMAINDER LEFT REMAINCER RIGHT 11M12,81 (1iintm JOB 417-658 F.B. #: SN 45 CAD FILE: por118-sht-1 SHEET 3 OF 3 County Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT _ Page 1 of 3 Pages Property Description for-Parcel 119 Being all that certain 0.003 of one acre (131 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), out of a called 14.625 acre tract of land conveyed to •DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T., and out of a called 15.115 acre tract of land being Lot IX of the La Frontera Section I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 0.003 of one acre tract of land being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a %z -inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,132,474.32, Y= 10,149,682.10) set at 229.05 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 533 +46.49, being in the proposed northerly right - of -way line of said SH 45, the easterly line of said Lot IX, and being in the existing westerly right -of -way line of Parker Drive (100 feet wide) of said La Frontera Section I & II (REPLAT); 1. THENCE, South 05 °1025" East (S 02 °4128" E), along the said easterly line of Lot IX and said existing westerly right -of -way line of said Parker Drive, a distance of 24.84 feet to a' /z- inch iron rod with TxDOT aluminum cap set for the southeast comer of said Lot IX and the northeast comer of Lot X of said La Frontera Section I & II (REPLAT); 2. THENCE, South 84 ° 27'52" West (S 86 °56'50" W), along the southerly line of said Lot IX and the northerly line of said Lot X, a distance of 24.84 feet to a '/s -inch iron rod with TxDOT aluminum cap set at 204.05 feet Left of and perpendicular to said SH 45 Baseline Station 533 +22.20, for the beginning of a cutback curve to the left in the said proposed northerly right -of -way line of SH 45; 3. THENCE, an arc distance of 39.11 feet along said curve to the left, with a Radius of 25.00 feet, a Delta Angle of 89 °38'17 ", a Chord Bearing and Distance of North 39 °38'43" East, 35.24 feet to the POINT OF BEGINNING and containing a computed area of 0.003 of one acre (131 square feet) of land, more or less. J.1417658N1 &B's \parce1119.doc EXHIBIT C SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 J. \417658\M &B's\parcel 119.doc EXHIBIT_ Page 2 of 3 Pages This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. Jay Dean Canine (, - /q_ ov Registered Professional Land Surveyor Texas Registration Number 4345 •SEOF TF k • . • V *: ill •.er JAY DEAN CANINE o'. 4345 !fc, 1 EP�:O� {O 15 FOOT WIDE PUBLIC UTILITY EASEMENT PER LA FRONTERA strum 16110REPLATI INET R. SLIDES 290 -295 ESE P.0.8. PARCEL 119 0■3.132.474.32 Y=10.149.08 TA. ] 6.4 RECORDERS MEMORANDUM M. All or p a r t s of t h e on this page was not dearly fegibkforsatisf ctoryrecordation. 5.8.45 PARCEL PLAT FOR PARCEL 119 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DDR D8 OEVELOPAENT VENTURES. L.P. 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 1512) 899 - 8282. FAX (5121 899 -9390 EMAIL: eustinesurvcon.com SCALE: 1" = 20' DATE: JUNE 2000 DRAWN BY: JJC CHECKED BY: LWS ACREAGE SUMMARY ISD.FT.) 10101E PROPERTY ACO REMAINDER LEFT REMAINDER 15.115 1658.409) 0.003 (1311 15.112 1658.2791 JOB #: 417 - 658 F.B. AN SH 45 CAD FILE: D°r119-sht SHEET 3 OF 3 A EY LEGEND • • 5i.JND TXDOT BRASS DISK 18 CONCRETE �• ■ SET E000T BRASS DISK IN CONCRETE O - 5ETJ.t IRON ROD 5/07007 ALUM. CAP 41 - FOUND 1' 1R01 ROD UNLESS OTHERWISE NOTED ® FaURD 4' z 4' CONCRETE 147NAEN1 D CALCULATED POINT C PROPERTY LINE - BASELINE UTILITY POLE 35/45 INVESTORS. L.P. REMAINDER OF A CALLED 227.8382 ACRES DOC. #9848753 O.R.W.C.T. DDR DB DEVELOPMENT VENTURES. LP. A TEXAS LIMITED PARTNERSHIP CALLED 14.625 ACRES DOC. 49844186 LOT IX O.R.W.C.T. 15.115 ACRES LA FRONTERA SECTION I8.11(REPLATI CABINET R. SLIDES 290 -295 W.C.P.R. NOTES: - 918 W, 15 FOOT 1110E PUBLIC UTILITY EASEMENT CAB. R. SLIDES 17 -22 15' P.U.E. CAB. R. SLIDES 17 -22 LOT X 3.021 ACRES LA FRONTERA SECTION I&IIIREPLATI CABINET R. SLIDES 290 - 295 W.C.P.R. 1 JAY DEAN CANINE �---C f REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 JACOB M. HARRELL SURVEY, A -284 PaDPOSEO R.D.x. 1.09.11' R 1=89•38'17' C.m39 43'E 35.24' S84 24.84' 586.56'50'1) JAY DEAN CANINE DATE: - -OD AB 1. BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTE NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO TH TRACTS. RECORD INFORMATION SHOWN ON THIS MAP IS BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. 3. THE BASELINE SHOWN HEREON IS, PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. 4. D.E. INDICATES DRAINAGE EASEMENT 5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS 7. W.C.P.R. INDICATES 811114MSON COUNTY PLAT RECORDS 8. 8.0.0.8. INDICATES WILLIAMSON COUNTY DEED RECORDS 9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS 10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS 11. T.0.D.R. INDICATES TRAVIS COUNTY DEED RECORD 12. T.C.C. INDICATES TRAVIS COUNTY CLERK 'County: Williamson - Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT _ Page 1 of 4 Pages Property Description for Parcel 120 Part 1 and Part 2 Being all that certain 0.044 acre (1,917 square feet) of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, being out of a called 227.8382 acre tract of land conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas ( O.R.W.C.T.), being out a of called 14.625 acre tract of land conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded in Document No. 9844186 O.R.W.C.T. and being a portion of a called 20.679 acre tract of land, being Lot VIII of the La Frontera Sections I & II (REPLAT), recorded in Cabinet R, Slides 290 -295 of the Williamson County Plat Records (W.C.P.R.). Said 0.044 acre of land being more particularly described in two parts by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: Part 1 BEGINNING at a '/z -inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,132,573.82, Y= 10,149,692.06) set at 230.24 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 534 +46.18, being in the proposed northerly right -of -way line of said SH 45, being in the westerly line of said Lot VIII, and being in the existing easterly right -of- way line of Parker Drive (100 feet wide) of said LA Frontera Sections I & II (REPLAT) for the beginning of a curve to the left; 1. THENCE, an arc distance of 39.43 feet along the proposed northerly right -of -way line of SH 45, being a curve to the left, with a Radius of 25.00 feet, a Delta Angle of 90 °21'43 ", a Chord Bearing and Distance of South 50 °21'17" East, 35.47 feet to a Y2-inch iron rod with a TxDOT aluminum cap set at 205.31 feet Left of and perpendicular to SH 45 Baseline Station 534 +71.40, being in the proposed northerly right -of -way line of SH 45, being in the southerly line of said Lot VIII, and being in the northerly line of Lot XI of said La Frontera Section I & II (REPLAT); 2. THENCE, South 84 °27'52" West (S 86 °56'50" W), along the southerly line of said Lot VIII and the northerly line of said Lot XI, a distance of 25.16 feet to a %z -inch iron rod with a TxDOT aluminum cap set for the southwesterly corner of said Lot VIII, the northwesterly comer of said Lot XI and being in the said existing easterly right - - way line of Parker Drive; 3. THENCE, North 05 °10'25" West (N 02 °41'28" W), along the said westerly line of Lot VIII and the existing easterly right -of -way line of said Parker Drive, a distance of 25.16 feet to the POINT OF BEGINNING and containing a computed area of 0.003 acre (131 square feet) of land, more or less, for Part 1. 1:\41765t\M &B's\parcc112Opt1 &pt2.doc EXHIBIT 1 lJ Part 2 J. \417658\M &B's \parcel l2Opt l &pt2 doc EXHIBIT _ Page 2 of 4 Pages COMMENCING at a 1/2 -inch iron rod found for a northeast comer of said Lot VIII and the northwest corner of Lot 1 TOWN AND COUNTRY MALL SUBDIVISION, recorded in Cabinet L, Slide 57 W.C.P.R. as conveyed to QRSI1 -29 (Tx), Inc., recorded in Volume 2427, Page 328 O.R.W.C.T.; THENCE, South 05 °34'03" East (N 03 ° 04'19" W), along the easterly line of said Lot VIII, the westerly line of said Lot 1, a distance of 819.17 feet to a TxDOT brass disk in concrete (X = 3,133,266.30, Y = 10,149,734.70) set in the proposed northerly right -of -way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45 Baseline Station 541 +39.73 for the northeast comer and the POINT OF BEGINNING of the herein described tract; 1. THENCE, South 05 ° 34'03" East (S 03 ° 04'19" E), along said easterly line of Lot VIII and said westerly line of said Lot 1, a distance of 5.63 feet to a 5/8 -inch iron rod found for the southwest comer of said Lot 1, the southeast corner of said Lot VIII, being in the existing northerly line of Parcel 3, a called 2.2540 acre tract, as conveyed to the State of Texas, recorded in Volume 1656, Page 810 O.R.W.C.T.; 2. THENCE, South 84 °26'59" West (S 86 °51'56" W), along the southerly line of said Lot VIII and the northerly line of said Parcel 3, a distance of 91.39 feet (91.29') to a '/ -inch iron rod found for the northwest comer of said Parcel 3 and the northeast comer of Lot XI of said La Frontera Section I & II (REPLAT); 3. THENCE, South 85 °04'16" West (S 87 °34'24" W), along said southerly line of Lot VIII and the said northerly line of Lot XI, a distance of 458.12 feet (458.22') to a %2 -inch iron rod with a TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of said SH 45 at 206.37 feet left of and perpendicular to SH 45 Baseline Station 535 +90.27; 4. THENCE, North 84 ° 22'52" East, along said northerly right -of -way line of SH 45, a distance of 549.48 feet to the POINT OF BEGINNING and containing a computed area of 0.041 acre (1,786 square feet) of land, more or Less, for Part 2 for a total combined area of 0.044 acre (1,917 square feet) of land, more or less, for Parts 1 and 2. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. Jay Dean Canine G - /4 - oa Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 14, 2000 J \4176584M &B's\parce112OptI &pt2 doc EXHIBIT Page 3 of 4 Pages JAY DEAN CANINE SJRYEY LEGEND ® - FIND T %DOT BRASS DISK IN CONCRETE ❑ - SET TXDOT BRASS DISK IN CONCRETE Q - SET .1 IRON R00 W /TXDOT ALUM. CAP • - Y FOUNO L9 1801 ROO UNLESS OTHERWISE NOTED ® - FOUND 4' x 4' CONCRETE M01U1ENT A - CALCULATED PRINT R - PROPERTY LINE a. - BASELINE vl - UTILITY POLE NOTES: 2. 3 4. 5. 6. 7. 8. 9. 10. 11. 12. P.O.B. PARCEL 120 PT. 1 0.3.132.573.82 1-10.149.692.06 2� PT. a J 6 dECORDERS MEMORANDUM All or parts of the tat on this page was not clearly legible for satisfactory recordation. BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION SHOWN ON THIS MAP IS BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. THE BASELINE SHOWN HEREON I5 PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. D.E. INDICATES DRAINAGE EASEMENT P.U.E. INDICATES PUBLIC UTILITY EASEMENT 0.5.8.6.7. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS T.C.D.R. INDICATES TRAVIS COUNTY DEED RECORDS T.C.C. INDICATES TRAVIS COUNTY CLERK JAY DEAN CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 584.27'52'8 25.16' 1586•56'50'8) PER LA FRCNIERA SECTION ICIIIREPLAT) SLIDE CABINET R. 511665 290 -295 N.C.P.R. L .39.43' 0005.00' A- 90 C•S50 35.47' OF 10 JAY DEAN CANINE 'o.. C " 0 ( /C .. SU ...JF, DATE: - /4'4'0 35/45 INVESTORS. L.P. REMAINDER DF A CALLED 227.8382 ACRES OOC. 49848753 0.R.8.6.T. DDR DB DEVELOPMENT VENTURES. LP. A TEXAS LNAITED PARTNERSHIP CALLED 14.625 ACRES DOC. 49844186 0.R.8.0.T. LOT VIII 20.679 ACRES LA FRONTERA SECTION IAI1(REPCAT) CABINET R. SLIDES 290 -295 W.C.P.R. ...... 15 FOOT WIDE PUBLIC UTILITY EASEAENI-. CAB. R. SLIDES 17 -22 LOT XI 3.848 ACRES LA P80476RA SECTIONS 1811(REPLAT) CABINET R. SLIDES 290 -295 W.C.P.R. . ACOB M. RARRELL SURVEY. A -284 120 PART 1 120 PART 2 WHOLE PROPERTY AREA ACQUIRED AREA ACOUIR60 LEFT 20.679 1900.7771 0.003 11311 O. 1 ft. 861 20.635 (898.8601 S.H.45 PARCEL PLAT FOR PARCEL 120 PT 1 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DOR DB DEVELOPMENT VENTURES. L.P. 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: custinesurvcon.com SCALE: 1" = 20' GATE: JUNE 2000 DRAWN BY: JJC CHECKED BY: LWS 15' P.U.E. CAB. R. SLIDES 17 -22-. ACREAGE SUMMARY (SO.FT.4 j 1 J08 #: 417 -658 F.B. ii: SH 45 CAD FILE: Dor120 -sht -1 SHEET 3 OF 4 X41.133.266.30 r- 10.149.734..0 -- I STA. 5111.39.73 212.04' LT. �: 2 567 T000T BRASS DISK 18 CONCRETE 549.49' 458.12' 452.22') SCALE: 1" = 100' FOUND li I.R DATE: JUNE 2000 DRAWN BY: JJC CHECKED BY: LWS 0R5 11- 29(701. INC. 2427/328 O.R.W.C.T. P.O.C. I51 �C 32 PT 2 FNO I.R. S.H.45 PARCEL PLAT FOR PARCEL 120 PT 2 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DOR DB DEVELOPMENT VENTURES. L.P. LOT 1 TOWN AND'CCppUNTRY MAUL SUB. CAB. L. S(.. 57 W /C. P.R. I 0 PT 2 ■ y a I I itECORDERS MEMORANDUM d � l yIe 6 of the or sa at tisfacr oryreco r d a was t •■•■•■■•• STATE OF TEXAS CALLED 2.2540 ACRES PARCEL ,3 1656/810 O.R.W.C.T. __ S4QMO - 3 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (512> 899 -9390 EMAIL: custin5survcon.com JOB #: 417 -658 F.B. #: 5H 45 CAD FILE: par120 -sht -2 SHEET 4 OF 4 4(R1vEr LEGEND ,® , F8I1N0 TXDOT BRASS DI56 114 CONCRETE ❑ - EFT 01007 BRASS DI5X IN CONCRETE O - SET I.4 IRON RED W/T8DDT ALUM. CAP • -"FOUND 1 .2" 11NON ROD UNLESS OTHERWISE NOTED • - 601064 4' x 4" CONCRETE NOMAENT O - CALCULATED POINT ! - PROPERTY LINE 9. - BASELINE ▪ - UTILITY POLE 1 1 15' P.U.E. 1 1 CAB. R. SLIDES 17-221 @@ �{ 5q• C.P.R. C. -_ v UTH LT490.2Stil "� 535400 1 1 1 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. x O .R.W.C.T. DDR DB DEVELOPMENT VENTURES . LP. A TEXAS LIMITED PARTNERSHIP CALLED 14.625 ACRES OOC. 49844186 0.R.8.6.T. LOT VIII 20.679 ACRES LA FRONTERA SECTION I3II(REPLAT CABINET R. SLIDES 290 -295 W.C.P.R. JACOB Y. HARRELL SURVEY. A -284 15' P.U.E. GB. R. SLIDES 17 -22 1184.22'52'E. 585.01'16'9 (50.•34'24'\ NOTES: 1. BEARINGS AND COORDINATES RASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION SHOWN ON THIS MAP I5 BASED ON PUBLIC RECORD INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THESE TRACTS. 3. THE BASELINE SHOWN HEREON I5 PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. 4. D.E. INDICATES DRAINAGE EASEMENT 5. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS 7. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 8. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS 9. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS 10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS 11. T.C.P.R. INDICATES TRAVIS COUNTY DEED RECORDS 12. T.C.C. INDICATES TRAVIS COUNTY CLERK 1 94.2 { 6' 59'W � c1114? ? 56' 91.29') C 5055 63 3'E i1 I•R• (503'04'19'E1 1 B t5' P.O.E. I " I F 81 81 II---- Ihr - •--N- PER LA &III ER.1 1 CONTROL OF ACCESS SECT )1467 R. IAN ES 290'2 CABINET R. SLIDES 290 -295 W.c.P.R. \ LOT XI CALLED 3.848 ACRES LA FRONTERA SECTIONS 1611CREPLATI CABINET R. SLIDES 290 -295 W.C.P.R. t ' FILED AND RECORDED OFFICIAL PUBLIC RECORDS RECORDERS MEMORANDUM All orparts of the tenon thispage was not clearlylegible forsatisfactory recordation. � ti► to 01-14-200 10 27 AM 2002003707 ANDERSON $67.00 NANCY E. RISTER 'COUNTY CLER 6IW eF RAUND Reel( WILLIAMSON COUNTY, TEXAS I t ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664