R-00-08-24-10B1 - 8/24/2000RESOLUTION NO. R- 00- 08- 24 -10B1
WHEREAS, the City desires'to purchase a 6.763 acre tract of land
for additional right -of -way for SH 45, and
WHEREAS, MB Boardwalk Management, Inc., et al, the owner of the
property, has agreed to sell said property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with MB Boardwalk Management,
Inc., et al, for the purchase of the above described property, a copy
of said Real Estate Contract being attached hereto and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 24th day of August, 2000.
ATTEST:
LAND, City Secretary
K \ WPDOCS \RESOLVCt \R0002981.WPD /sC
ROBERT A. STLUKA, R., Mayor
City of Round Rock, Texas
State of Texas
County of Williamson
ODMA \PCDOCS \ADDAUST \07029 \1 /818
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between the CITY
OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock,
Williamson County, Texas (referred to in this Contract as "Purchaser "), and
the Seller, who are described below, upon the terms and conditions set forth
in this Contract. The following individuals and entities comprise the
Seller of the Property and own the Property as tenants in common, and not
as partners, in the following percentages. The following tenants in
common have entered into this Agreement to severally sell their
respective interests in the Property to Purchaser. The net proceeds of
this sale will be paid to the following tenants in common in accordance
with their respective ownership interest in the Property as set forth
below:
MB BOARDWALK MANAGEMENT, INC.
J. VAUGHN BROCK
MARK DENYER
MB BOARDWALK, LTD.
LAURA MILLS NAISER AND MATT NAISER, jointly
LAURA MILLS NAISER
LYNETTE MILLS 1992 TRUST
RIVERCREST PROPERTIES, LTD.
J. VAUGHN BROCK, as trustee for KELSEY FAMILY TRUST
J. VAUGHN BROCK, as trustee for
SPAVINAW PARTNERS LIMITED PARTNERSHIP
J. VAUGHN BROCK, as trustee for
J. VAUGHN BROCK CHILDREN'S TRUST
J. VAUGHN BROCK, as trustee for J. VAUGHN AND JERI BROCK
RICHARD SLAUGHTER, as trustee for THE AUSTIN COMMUNITY
FOUNDATION FOR THE CAPITAL AREA
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, the parcel of land containing 6.763
acres of land (294,596 square feet) situated in Williamson County, Texas,
being more particularly described as follows:
1
1.00%
21.56%
0.44%
5.00%
1.00%
1.00%
2.00%
18.00%
2.50%
5.00%
20'.00%
12.50%
10.00%
Parcel #80: 6.763 acre tract, (294,596 square feet) as more
particularly described in Exhibit A, attached hereto and
incorporated herein;
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights -of -way (all of such real property,
rights, and appurtenances being referred to in this Contract as the
"Property "), together with any improvements, fixtures, and personal
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below. The Property is being sold in lieu of condemnation for right of
way, utility and other public purposes. Purchaser agrees that the
Property is to be sold to and accepted by Purchaser at Closing, AS IS,
WHERE IS, WITH ALL FAULTS, IF ANY, AND WITHOUT ANY REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (other than the warranty of
title set out in the Special Warranty Deed to be delivered at Closing).
The terms of the immediately previous sentence will survive Closing and
delivery of the Special Warranty Deed.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Four
Million Seven Hundred Fifty -Seven Thousand Seven Hundred and Twenty -Five
and 40/100 Dollars ($ 4,757,725.40).
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the satisfaction of each
of the following conditions (any of which may be waived in whole or in
part by Purchaser at or prior to the closing).
2
Preliminary Title Commitment
3.02. Within thirty (30) days after the date hereof, Seller, at
Seller's sole cost and expense, shall have caused Heritage Title Company
of Austin, Inc. (the "Title Company ") 98 San Jacinto Blvd., Austin,
Texas, to issue a preliminary title report (the "Title Commitment ")
accompanied by copies of all recorded documents relating to easements,
rights -of -way, etc., affecting the Property. Purchaser shall give Seller
written notice on or before the expiration of twenty (20) days after
Purchaser receives the Title Commitment that the condition of title as
set forth in the title binder is or is not satisfactory, and in the event
Purchaser states that the condition is not satisfactory, Seller shall
promptly undertake to eliminate or modify all unacceptable matters to the
reasonable satisfaction of Purchaser but Seller will not be required to
incur any costs in connection therewith. In the event Seller is unable
to do so within ten (10) days after receipt of written notice, this
Contract shall thereupon be null and void for all purposes and the Escrow
Deposit shall be forthwith returned by the Title Company to Purchaser.
Purchaser's failure to give Seller this written notice shall be deemed
to be Purchaser's acceptance of the Title Commitment.
ARTICLE IV
CLOSING
The closing shall be held at the office of the Title Company, as set
forth below, or at such time, date, and place as Seller and Purchaser may
mutually agree upon in writing (which date is herein referred to as the
"closing date ").
The parties hereto acknowledge that the Purchaser is applying for
a loan from the State Infrastructure Bank (SIB) to finance the purchase
of the Property. It is anticipated that the SIB will consider and give
final approval of the loan application at its meeting in either July or
August of 2000. Upon approval, it is also anticipated that the loan funds
will be available to the Purchaser within fifteen (15) days thereafter.
The parties hereto also acknowledge that in the event that the SIB loan
is not approved, the Purchaser will need reasonable time to obtain
traditional municipal bond financing, which could take up to 90 days
after the process is begun. Therefore, the parties agree that the closing
date will be whenever the SIB loan funds are available to the Purchaser,
or whenever municipal bond funds are available to the Purchaser, or on
December 1, 2000, whichever first occurs.
3
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special
Warranty Deed conveying good and indefeasible title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
General real estate taxes for the year of closing
and subsequent years not yet due and payable;
Any exceptions approved by Purchaser pursuant to
Article III hereof; and
Any exceptions approved by Purchaser in writing.
The aforesaid Special Warranty Deed will include a provision that it is
being delivered in lieu of condemnation.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's
sole expense, issued by the Title Company, in Purchaser's
favor in the full amount of the purchase price, insuring
Purchaser's fee simple title to the Property subject only to
those title exceptions listed above, such other exceptions as
may be approved in writing by Purchaser, and the standard
printed exceptions contained in the usual form of Texas
Owner's Title Policy. Deliver to Purchaser a notice that the
Property is located within Southeast Williamson County Road
District No. 1 (the "Road District Notice ") and, if required,
a notice that the Property is located within Brushy Creek
Water Control and Improvement District No. 1 (the "WCID
Notice ").
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price and will execute acknowledgments of the Road District
Notice and, if required, the WCID Notice.
4
Prorations
4.03 General real estate taxes for the then current year
relating to the Property shall be prorated as of date of execution of
this Contract and shall be adjusted in cash at the closing. If the
closing shall occur before the tax rate is fixed for the then current
year, the apportionment of taxes shall be upon the basis of the tax rate
for the next preceding year applied to the latest assessed valuation. All
special taxes or assessments to the execution date of this Contract shall
be paid by Purchaser, if any.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
The basic premium Owner's Title Policy paid by Seller;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Attorney's fees paid by each respectively; and
Any escrow or other closing fees of the Title Company will be
shared equally.
ARTICLE V
REAL ESTATE COMMISSIONS
It is understood and agreed that there are no brokers involved in the
negotiation and consummation of this Contract.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to the
Title Company, the sum of Twenty Thousand Dollars ($20,000.00), the
Escrow Deposit, which shall be paid by the Title Company to Seller in the
event Purchaser breaches this Contract as provided in Article VIII
hereof. At the closing, the Escrow Deposit shall be paid over to Seller
and applied to the cash portion of the purchase price, provided, however,
that in the event the Purchaser shall have given written notice to the
Title Company that one or more of the conditions to its obligations set
forth in Article III have not been met, or, in the opinion of Purchaser,
cannot be satisfied, in the manner and as provided for in Article III,
then the Escrow Deposit shall be forthwith returned by the Title Company
to Purchaser.
5
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchaser's default, Purchaser may: (1)
enforce specific performance of this Contract; (2) request that the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser; or (3) bring suit for damages against Seller.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser's obligations set forth in Article
III having been satisfied and Purchaser being in default and Seller not
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit from the
Title Company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations
imposed upon it by the terms and provisions of this Contract, and Seller
agrees to accept and take this cash payment as its total damages and
relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
6
Notice
(c) Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified mail, return receipt requested, addressed to Seller or
Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit
of the parties and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
7
Gender
(i) Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the singular number
shall be held to include the plural, and vice versa, unless the context
requires otherwise.
Memorandum of Contract
(j) Neither party, will file this Contract or any memorandum
thereof in the Real Property Records of Williamson County, Texas.
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor's
signature below.
Counterpart Execution
(1) This Contract may be executed in any number of counterparts with
the same effect as if all parties hereto had signed the same document, and
all counterparts will constitute one and the same agreement.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
8
SELLER:
1) MB BOARDW
By:
2)
3)
ug n :rock, its
J. VAUGHN OCK, Individually
MARK DENYER, Individually
4) MB BOARDWALK, LTD.
By: MB BOARDWALK MANAGEMENT, INC.
a Texas Corporation, its general
partner
AND
9
By:
LAURA MILLS NAI
7) LYNET E MIT G 1992 TRUST
MENT, INC.
ghn Brock, President
intly
_//1 f_
MATT N• ER, oi tly
fit : ?��'
M r< Individually
By:
• M;chn■l 5ww4.0.e , Trustee
President
SELLER:
1) MB BOARDWALK MANAGEMENT, INC.
By:
J. Vaughn Brock, its President
2)
3)
4) MB BOARDWALK, LTD.
5)
6)
J / //- / "` HN BROC Individually
MARK DENY Individually
By: MB BOARDWALK MANAGEMENT, INC.
a Texas Corporation, its general
partner
LAURA MILLS NAISER, jointly
AND
LAURA MILLS NAISER, Individually
By:
J. Vaughn Brock, President
MATT NAISER, jointly
7) LYNETTE MILLS 1992 TRUST
By:
, Trustee
8) RIVERCREST PROPERTIES, LTD.
By:
its,
9
8) RIVERCREST PROPERTIES, LTD.
By:
- 5A M; IIS its, MAna j .:) P
9) KELSEY
By:
J.
10) SPAVIN
By
J. VA
11) J. VAUGHN
By:
J. VAU
12) J. VAUGHN
By
13) AUSTIN CO
BRO , trust
THE CAPI AREA (�
By:
RICHARD SLAUGHTER, tierstem r( _� 0.)e
Address For Seller:
c/o MB Boardwalk Management, Inc.
Attn: J. Vaughn Brock
515 Congress Ave, Suite 1230
Austin, Texas 78701
10
J. VAUG
BROCK, trustee
BROCK, trustee
ITED PARTNERSHIP
ROCK CHILIR 'S TRUST
A Air
ROCK, trustee
ITY FOUNDATION FOR
PURCHASER:
CI • 'OUND •0C•, TEXAS
. ai l . � !/ . l %�/
221 E. Main Street
Round Rock, Texas 78664
11
ert A. Stluka,
, Mayor
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT A Page of (v Pages
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a %z -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a %z -inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a %z -inch iron rod found
for the northwest comer of said Lot 2 bears North 16 °41'14" West (N 15 ° 1920" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the Left, with a
Radius of 686.20 feet, a Delta Angle of 33 ° 32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a %z -inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section I
and Lot 3, Boardwalk 2 Subdivision, Section 2; .
417- 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT 4 Page 2 of (a Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 1/2-inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest comer of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest comer of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 1/2-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 ° 28'32" West (N 73 ° 08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
4! 7- 658 /Parce Is/Fina Is/m &b's/PAR80.doc
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 11, 2000
EXHIBIT {T Page 3 of ( 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.
417- 658 /Parcels/Finals/m &b's/PAR80.doc
NOTES:
LOT 2
REPLAT OF LOT 2
BOARDWALK 2 S08.
SECTION 2
CA8. M. 5L. 61
W.C.P.R.
(0150 '.j E �:S.. WCAP
1 N40 0.96'
SEE DETAIL
B. :PARCEL 80
X. 3.134.652.30 /
.280.050. 444.2yy
''.\ LT. *. 55547600
c LT. 485.65'/
'\
1:;101.1., 1KIKNr
L.401.61'
R=686.20'
4.33
C•557
395.91'
I1._402.60' 1
111=686.20'7
14.33
IC- 555'53 :16"EI
396.85
ur ll lrrP(i3EfwNr
SURVEY LEG
111 • FOUND T. BRASS DISK IN CONCRETE
❑ • SET TXDOT BRASS DISK IN CONCRETE
o • SET 1 2 . IRON ROD 6 /TX00T ALUM. CAP
• • FOUND '.t IRON R00 UNLESS 000(00I5E NOTED
CD • FOUND 4' X 4" CONCRETE MONUMENT
CALCULATED POINT
R PROPERTY LINE
Ica . BASELINE
= UTILITY POLE
FWNO 1(14E Y /CAP
840 "K. 0.96'
LOT 1•' -•
BOARDWALK - Z.SUB.
'1 SECTION
1•'0 N. SL 3.1 70 /
W.C.P. K.;
•
"
/
PROPOSED R.O.
4 STA. 558463.94
LT. 235.10'
FOUND MOT
BRASS 015K IN CDNC.
BEARS NT3 "8. 0.52'
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLAN
COORDINATE SYSTEM. 0 83. CENTRAL ZONE AND ADJUSTED TO
SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012.
2. THIS SURVEY 805 PERFORMED WITHOUT THE BENEFIT OF
CUMAITIENT FOR TITLE INSURANCE AND MAY NOT INCLUDE
EA5ENENT5 AND INFIXi*AT10N PERTAINING TO THIS TRACT.
RECORD INFORMATION SHORN ON THIS PLAT 15 BASED ON PUB1
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS T8AC
3. DESCRIPTITH15 PLAT ON. 15 ACCDI.PANIEO BY A SEPARATE METES ANO BOUNDS
4. THE BASELINE SHORN HEREON 15 PER A DESIGN SCHEMATIC FILE
PROVIDED BY 000900. 00111E NO ORAOEN. INC.
5. D.0.0.C.T. INDICATES OFFICIAL RECORDS OF 01LLIAM50N COUNTY. TEXAS
5. W.C.P.R. 190100TE5 88! ARSON COUNTY PLAT 9(000DS
DATE. 4/// /a 47°6'
JAY DE -AN CANINE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 4345
ASA THOMAS
SURVEY, A -809
• 1'- P.O.B.
DETAIL "A
9.0.5.
80
■
FOUND 0X000 /
BRASS 015K IN CONC.
BEARS N73 "8. 0.52' 7620 J
'
N7T•52'44"E.
1 NT9. 12'51 •E,
M8 BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O. R.W. C. T.
EXISTING R.O.W.
It 5.4.45
_- - 56000
TAIL "B"
C .E DATA
L • 2.241.43'
P 12.622.01'
• 10
CB. N79
CO. 2.238.48'
PC• 54946.31
PT- 572437.14
PI. 561 +20.00
X = 3.135.257.51
Y = 10.149.696.98
:LOT 3
.'1 AMENDiNC PLAT Dr
.LOT 1
• 7 80096001.6 2,0016
.1 SECTION t
1
AND LOT 3 .
8000446010 2 '5506.
SECTION 2:
I CAB.- M. SL. - 738
`�.• t STA. 562.66.22 j
_ _,_ LT . 239- 3 - - I /
cos` 4' -
504 1487.72'
1516 1481.84'1
LOUIS HENNA 8100
- 1 -- -- OCR 1701
1526/17 O.R.w.C.T.
width VOr:eO
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITE0
15) SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX 05121 899 -9390
EMAIL: oustinesurvcon.com
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
ACREAGE
SUMMARY
150.10.1
OLE
PROPERTY
AREA
ACOUIREO
REMINDER
294.596
294.596
JOB a: 417 -658
F.B. 4$: HWY 45
CAD FILE:
S45PAR- 80 -SHT - 1
SHEET 1 OF 3
DE
107.2•
BOARDWALK 2: 508. 1 ::
SECTION'S
AB. 14. - S`'. 170 I"
.. . . _•F
: =
•1
PROPOSED R.O.wJ
(2
S
m
•
•. L01' 1
80885681K 2 SUB
: SEC• 3 •
SL`. 5
W.C.P.R: •
-. ...... ........ '1 :'•, 1 °.1]
1 • -. I V
_________ _- -. . - I I
I .1.
1.01
BOARDWALK .2 SUB.
SEC. 3
CAB. M. SL. 5
1
ASA THOMAS
1 SURVEY, A -609
1
I
e
N17.52'44E.
1N19•t2'S1'E. 1155.99')
OIII Ml It
ICN CA3E16Ni
LOT 1
•
.• • AMENDING PLAT OF
LOT 1
BOARDWALK 2 S08.
SECTION 1
AND LOT 3
• BOARDWALK 2 SUB.
SECTION 2
CAB. M. SL. 138
LOT 3 LOT 4
BOARDWALK 2 SUB.
SEC. 3
BOARDWALK 2 SUB. a CAB. M. 5L. 5
514.49'21'8. 14 1.72'
1576.09'31'8. 1481.84'1
LOUIS HENNA BLVD
(CR 1701
1526/17 O.R.W.C.7.
Width Varies % 5.6.45
565.00
CURVE DATA
L = 2.241.43'
A • 12.622.07'
= 10
CB= 1479
C0.2.238.48'
PC• 549+96.31
PT. 572437.74
PI. 561420.00
X • 1 0, 1 49.696.9
Y .10.149.696.98
PROPOSED R.D.W.
MB BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
0•R.W.C.T.
EXISTING R.O.W.-\
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
SCALE: 1" = 100'
DATE:
DRAWN
MAR 2000
BY:
TC
CHECKED BY: WJM
SURVCON INC.
PROFESS IONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (512) 099 -9390 c
EMAIL: Dustin @survcon.com
JOB tt: 417 -658
F.B. +1: H 45
CAD FILE:
545PAR- 80 -SHT - 2
SHEET 2 OF 3
D
n
2
r
Z
m
U)
PI
m
--I
N
0
- n
W
ASA THOMAS
SURVEY. A -809
LOT 1
AMENDING PLAT OF
LOT 1 • I
BOARDWALK 2 SUB;. 7
SECTION 1 • 1
AND LOT 3
BOA S ECT ON 2
1
CAB: M. SL. 138 I
6 SY ' w.C.P.R. 1
I NANA.
J
u STA. 570490.07 1
LT. 231.23' I
PROPOSED:R.O.W.
I.
EXIST t{C R.O.W.
S74 1487
.
1576 ' 1487
4 STA. 572+04.03
7 LT. 220.10'
"4 T'S6'E
la CURVE DATA
L = 2.241.43'
R 12.622.07'
A = 10
CB= N79'53'10'E
CD= 2.238.48'
PC= 549496.31
PT= 572 +37.74
PI= 567420.00
% = 3.135.257.51
= 10.149.696.90
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
0 SVRVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: custi nesurvcon.com
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN 8Y: TC
CHECKED BY: WJM
JOB tt: 417 -658
F.B. tt: HWY 45
CAD FILE:
S45PAR- 80 -SHT -3
SHEET 3 OF 3
LOUIS HENNA BLVD
(CR 1701
1526/17 O.R.W.C.T.
Width VOri05
• :a
DELL COM7UTER HOLDINGS. L.P.
107.8845/ACRES (TRACT N0. 1)
QOC. 096335)2
O.R.W.C.T.
7 16x1
1
1
MB 8OARLSWALK LIMITED
6.769 AC4 REMAINDER OF.
CALLED/219.185 AC.
2/234/54
O.R.W.C.T.
1
1
! WILLIAMSON COUNTY FOR
7 ROADWAY PURPOSES
7 5.891 ACRES
1 DOC. 09716130
=7 O.R.w.c.T.
N
Acquisition of Property from Boardwalk for SH-45 Right-of-way
DATE: August 18, 2000
SUBJECT: City Council Meeting — August 24, 2000
ITEM: 10.B1. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with MB Boardwalk, Ltd. for the acquisition of
approximately 6.763 acres of land for SH -45 right -of -way. Staff
Resource Person: Jim Nuse, Public Works Director.
March 27, 2001 ,
Dear Mr. Sheets:
R 00 - 0E- 02.Y-ioal
Steven L. Sheets
Round Rock City Attorney
Brown McCarroll Sheets & Crossfield
309 East Main Street
Round Rock TX 78664
Via Overnight Delivery
AUSTIN, TEXAS
GF #: 00201704
Buyer: City of Round Rock
Seller: J. Vaughn Brock
Property: I -35 and Louis Henna Blvd
Thank you for allowing Heritage Title Company of Austin, Inc. to provide title insurance
and related services for the above referenced transaction. In order to complete your file,
please find enclosed the following original documents (or copy where noted):
1. Owner Policy of Title Insurance
2. Recorded Deed (15)
3. Recorded Termination of Wal -Mart Sign Easement County Road 170
Heritage has enjoyed the opportunity to be of service to you. A permanent file
concerning this property will be maintained in our records, enabling Heritage to promptly
respond to your needs in the event of a future sale or refinance transaction. If you should
have any questions or need further assistance, please feel welcome to contact our office.
Respectfully,
HERITAGE TITLE COMPANY OF AUSTIN, INC.
Nancy Pre ce
Post Closing Coordinator
/np
Enclosures
Heritage Title Company of Austin, Inc.
98 San Jacinto Boulevard • Suite 400 • Austin, Texas 78701 • 512/505 -5000 • Fax 512/505 -5051
SCANNED# 5J
015078 0 OWNER POLICY OF TITLE INSURANCE
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND AMERICAN TITLE INSURANCE
COMPANY, a California • corporation, herein called the C omp any insures, as ofiDate of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A' ustained or incurred by the
insured by reason38-
1. ,Title to the estate or- interest- in Schedule A being vested other than as stated therein;
n orlie
2. Any defect-i n "or on the title; ?r
.. ✓ ✓,e - '• •';�,.. C._.- ,:,. k, .
3 ^•f Any-statutory- or'constitutional mechanic's contractor's, or materialman's•lieri forlabor ormaterial having
,
',.. e p - y .. >,.s , s `mod s t ,, ,...
Ctrs - inception � on on or before Date Policy; F �.9
4. Lack of a right of access to and from =the land
5. Lack of good`and,in title.
.-
The Company also wilLpay thecosts, attorneys' fees and expenses'mcurred :in defense of the title, as insured,
but only to the extent provided in Conditions and-Stipulations.
IN WITNESS HEREOF, the FIRST AMERICANTITLE INSURANCE COMPANY has caused this policy to
be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an
authorized countersignature, as of the date set forth in Schedule A.
First American Title Insurance Company
ATTEST
FORM TI CA: OWNER POLICY OF TITLE INSURANCE (EFFEC TVE 1 -1-93)
1
First American Title Insurance Company
117 ,4 `�' " '- t BY g �V V/ PRESIDENT
Secretary, lll///
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and
the Company will not pay loss or damage, costs, attorneys fees or expenses which
ante by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to
budding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating m (p the occupancy, use, or enjoyment of the land; (d) the character,
dimensions or location of any improvement now or hereafter erected on the land; (hi)
a sepamuoo in ownership or a change in the dimensions or area of the land or any
parcel of whkh the land is or was a pan; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a nonce of the enforcement thereof or a notice of a defect, hen or
encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the
extent that a notice of the exereue thereof or a notice of a defect, 1k0 or encumbrance
resulting from a violation or alleged violation affecnng the land has been recorded m
the public records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded
in the public records at Date of Policy, but not excluding from coverage any taking
That has occurred pnor to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, hens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of
Policy, but known to the insured claimant and not disclosed w writing to the Company
by the insured claimant prior to the date the insured clamant became an insured under
This policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Dale of Policy,
(e) resulting in loss or damage that would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
4. The refusal of any person to purchase, kale or lend money on the estate or
interest covered hereby in the land described in Schedule A because of unmarketabdity
of die title.
5. Any claim, which anus out of the rransaenon vesting in the person named in
paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
the opemuon of federal bankruptcy, state insolvency, or other state or federal
creditors' nghis laws that is based on elver () the transaction creating the estate or
interest Insured by this Polley being deemed a fraudulent conveyance or fraudulent
transfer or a voidable distribution or voidable dividend or (it) the subordination or
rechamcteriration of the estate or interest insured by this Policy as a result of the
application of the doctrine of equitable subordination or (ill) the transaction creating the
estate or interest insured by this Policy being deemed a preferential transfer except
where the preferential transfer results from the failure of the Company or its issuing
agent to timely file for record the inswment of transfer to the insured after delivery or
the failure of such recordation to impart notice to a purchaser for value or a judgment
or ben creditor.
CONDITIONS AND STIPULATIONS
1. DEFINTTION OF TERMS.
The following terms when used in this policy mean:
(a) "inured ": the insured named in Schedule A, and, subject to any fights or
defenses the Company would have had against the named insured, those who succeed
to the enema of the named insured by opemdon of law as distinguished from purchase
including, but not limited m, heirs, dutributees, devisees, survivors, personal
representatives, next of kb, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following:
() the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation Upon partial or
complete liquidation,
(u) the partnership successors in interest m a general or limited
partnership which dissolves but does not terminate;
(at) the successors in interest to a general or limited partnership
resulting farm the distribution of the assets of the general or limited partnership upon
partial or complete liquidation;
(iv) the successors in interest to a joint venture resulting from
the distribution of the assets of the joint venture upon pamal or complete liquidation;
(v) the successor or subsume trustee(s) of a trusts named in a
written trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from
the distribution of all or pan of the assets of the tout to the beneficiaries thereof.
(b) "insured claimant ". an insured claiming loss or damage.
(c) 'nowledge" or "known ": actual knowledge, not constructive knowledge or
notice that may be imputed man insured by reason of the public records as defined in
this policy or any other records which rmpaet constructive notice of ratters affecting
the land.
(d) "land ": the land descnbed or referred to in Schedule A, and improvements
affixed thereto that by law commute real property. The term "land" does not include
any property beyond the tines of the area described or referred min Schedule A, nor
any fight, tide, interest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing herein shall modify or limit the extent to whkh
a right of access to and from the laud is insured by this policy.
(e) "mortgage ": mortgage, deed of wit, trust deed, or other scanty
instrument.
(1) "public records": records esmbhshed under state statutes at Date of Pol:ry
for the purpose of imparting constructive notice of ratters relating to real property to
purchasers for value and without knowledge With respect to Section 1(x010) of the
Exclusions From Coversge, "public records" also shall include environmental
protection hens fled in the records of the clerk of the United States dumct court for
the destruct in which the land is located.
(g) "access ": legal nght of access to the land and not the physical condition of
access. The coverage provided as to access does not assure the adequacy of access for
the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TrrI.E.
The coverage of this policy shall continue m force as of Date of Polley in favor
of an insured only so long as the insured retains an estate or interest in the land, or
holds an indebtedness secured by a purchase money mortgage given by a purchaser
from the insured, or only so long as the insured shall have Itabdity by reason of
covenants of warranty made by the insured m any transfer or conveyance of the estate
or interest. This policy shall not continue m force in favor of any purchaser from the
insured of either () an estate or interest in the land, or 61) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth In Section 4(a) below, or (u) in case knowledge shall come to an
insured hereunder of any claim of tide or interest that is adverse to the ink to the
estate or interest, as insured, and [tut might cause loss or damage for which the
Company may be liable by virtue of this policy. If prompt notice shall not be given to
the Company, then as to the insured all Iubdity of the Company shall ermmta0 with
regard to the matter or matters for which prompt notice u required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of any
insured under this policy unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice.
When, after the date of the policy, the insured notifies the Company as required
harem of a hen, encumbrance, adverse claim or other defect in tide to the estate or
interest in the land insured by this policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to
determine whether the lien, encumbrance, adverse claim or defect is valid and not
barred by law or statue The Company shall notify the insured in writing, within a
reasonable time, of its determination as to the validity or invalidity of the insured's
claim or charge under the policy. If the Company concludes that the Ilan,
encumbrance, adverse claim or defect is not covered by dui policy, or was otherwise
addressed in the closing of the transaction in connection with whkh this policy was
issued, the Company shall specifically advise the insured of the reasons for its
deertiinattno. If the Company concludes that the Ilan, encumbrance, adverse claim or
defect is valid, the Company shall take one of the following actions: (i) institute the
necessary proceedings to clear the lien, encumbrance, adverse churn or defect from the
tide to the estate as insured; (t) indemnify the insured as provided in this policy, (tai)
upon payment of appropriate premium and charges therefor, issue to the insured
claimant or to a subsequent owner, mortgagee or holder of the estate or merest in the
land insured by this policy, a policy of tide insurance without exception for the lien,
encumbrance, adverse claim or defect, said policy to be in an amount equal to the
current value of the property or, if a mortgagee policy, the amount of the ban; (iv)
indemnify another tide insurance company in connection with its issuance of a
pol:cy(ies) of tide insurance without exception for the lien, encumbrance, adverse
claim or defect, (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect, or (vi) undertake a combination of (t) through
(0) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Condmons and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
whkh any third party asserts a claim adverse to the ode or interest as insured, but
only as to those stated causes of action alleging a defect, den or enoumbranoe or oiler
matter insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for reasonable ante)
to represent the insured as to those stated causes of action and shall not be liable for
and wdl not pay the fees of any other counsel. The Company will not pay any fees,
costs or expenses incurred by the insured in the defense of those causes of action that
allege matters not insured against by this policy.
Texas Owner T -1 (Rev. 1 -1 -93)
TEXAS OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
File No. 00201704 Amount of Insurance $4,757,725.40
Premium $25,996.00
DATE OF POLICY January 29, 2001 at 2:52 p.m.
1. Name of Insured:
City of Round Rock, a Texas home rule city
2. The estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
City of Round Rock, a Texas home rule city
Policy No. 015078 O
4. The land referred to in this policy is described as follows:
Being all of that certain tract or parcel of land containing 6.763 acres, more or less, situated in
the Asa Thomas Survey A -609, Williamson County, Texas, said tract being more particularly
described by metes and bounds shown on Exhibit "A" attached hereto and made a part
hereof.
NOTE: The Company is prohibited from insuring the area or quantity of the land
described herein. Any statement in the above legal description of the area or quantity of
land is not a representation that such area or quantity is correct, but is made only for
information and /or identification purposes and does not override Item 2 of Schedule B,
hereof.
Heritage Title Company of Austin, Inc. First American Title Insurance Company
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT H
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records ( W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
( W.C.P.R.), said point being the beginning of a curve to the left, from which a V2 -inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 470 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a %: -inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 7912'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot I and Lot 3 of the Amending Plat of
Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots I, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417- 65 8 /Parcels/Finals/m &b's/PA R80.doc
EXHIBIT A
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a %z -inch
iron rod found at 220.10 feet left bf and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section I and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 ° 09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a %-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 ° 09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'l 1" W), a distance of 162.15 feet (162.56') to a calculated -
point on the existing east right -of -way line of aforementioned IH35 for the southwest corner
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
4 l 7- 658 /Parcels/Finals/m &b's/PARB O.doc
EXHIBIT { S
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
April 11, 2000
4 I7- 658 /Parcel s/Final s/m &b's/PAR80.doc
Texas Owner T -1 (Rev. 1 -1 -93)
SCHEDULE B
File No.. 00201704 Policy No. 015078 0
This policy does not insure against Loss or damage (and the Company will not pay costs, attorney's fees or expenses) that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following
matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or
delete this exception):
Volume 1450, Page 135 of the Official Records of Williamson County, Texas.
(But omitting any covenant or restriction based on race, color, religion, sex, handicap, familial
. status or national origin unless and only to the extent that said covenant (a) is exempt under
Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not
discriminate against handicapped persons)
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or
other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs
or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled - in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or
easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2001, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section
11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (the Company must
insert matters or delete this exception):
a. An equipment station easement granted to Southwestern Bell Telephone Company, by
instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the Official
Records of Williamson County, Texas.
Heritage Title Company of Austin, Inc. First American Title Insurance Company
File No.. 00201704 Policy No. 015078 0
By:
SCHEDULE B- continued
b. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson County,
Texas.
c. Access, utility, drainage and storm sewer easements, as granted and depicted in that
certain Reciprocal Easement Agreement with Covenants & Restrictions recorded in
Volume 2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said agreement
being amended in Volume 2730, Page 619 of the Official Records of Williamson County,
Texas, and under Document Nos. 9539355 and 9638340 of the Official Records of
Williamson County, Texas. Upon condemnation or conveyance for the purpose of
widening County Road 170, only ingress and egress points along said County Road as
depicted therein shall be applicable to the subject property.
d. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
e. Subject property lies within the boundaries of Southeast Williamson County Road District
No. 1.
f. Easements, or claims of easements, which are not recorded in the public records.
Heritage Title Company of Austin, Inc.
nmmitcu L ounatsignaturc
John P. Bruce
•
SCANNED #.r1l
(b) The Company shall have the right, at its own cost, to msumte and prosecute
any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to estabish the tale to the estate or interest, as insured, or to prevent or
reduce loss or damage to the insured. The Company may take any appropriate action
under the terns of this policy, whether or not it shall be boble hereunder, and shall
not thereby concede liability or waive any provision of this policy. If the Company
shall exercise its nghs under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent junsdeuon and expressly
reserves the right, in is sole discretion, to appeal from any adverse judgment or order.
(4) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense as the action or promedmg, and
all appeals therein, and permit the Company to use, at as option, the name of the
insured for this purpose. Whenever requested by the Company, the insured. at the
Company's expense, shall give the Company all reasonable aid (0 in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action
or proceeding, or eIecung senlement, and (0) in any other lawful act that in the
opinion of the Company may be necessary or desirable to establish the tide to the
estate or merest as insured. If the Company is prejudiced by the failure of the insured
to furnish the required c0opemton, the Company's obligations to the insured under the
policy shall temurex, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be amnhed to the Company within 91
days after the insured claimant shall ascertain the facts giving rise to the loss or
damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this policy that constitutes
the basis of loss or damage and shall state, to the extent possible. the basis of
ululating the amount of the loss or damage. If the Company is prejudiced by the
failure of the Insured claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate, Including any
liability or obligation to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such proof of loss or damage
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying. at such reasonable times and places
as may be designated by any authored represenlatwe of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date before
or after Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any auhonzed representative of the Company, the insured claimant shall
grant Is permission, in wnting, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda m the custody or control of a thnd party, which reasonably pertain to the
loss or damage. All information designated as confdental by the Insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, In the reasonable judgment of the Company, n is necessary in the
adminstraton of the claim. Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information or grant permission to
secure reasonably necessary information from third parties as required in dig
paragraph shall terminate any liability of the Company under this policy as to that
claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional maxim:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy, together
with any ems, attorney? fees and expenses incurred by the insured claimant, which
were authorized by the Company, up to the time of payment or tender of payment and
which the Company Is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to
the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
(i) to pry or otherwise settle with other parties for or in the name of an
insured clamant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to
Pay: or
(0) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy. together with any costs, attorneys fees and expenses
incurred by the insured claimant, which were authorized by the Company up to the
time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (u), the Company's obligations to the insured under this policy for
the clamped loss or damage, other than the payments required to be made, shall
terminate. Including any liability or obligation to defend, prosecute or continue any
litigation
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity agamst actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a) The Ilabdity of the Company under this policy shall not exceed the least of:
pi) the Amount of Insurance stated in Schedule A; or
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or Interest subject 10 the defect, hen or
encumbrance muted against by this policy at the date the insured claimant s required
to furnish to Company a proof of loss or damage m accordance with Section 5 of these
Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy s less than 80 percent of the value of the Insured estate or interest or the full
considemuon paid for the land, whichever is less, or of subsequent to the Date of
Policy an improvement Is erected on the land which increases the value of the Insured
estate or interest by at least 20 percent over the Amount of Insurance stared m
Schedule A, then this Policy s subject to the following:
(0 where no subsequent improvement has been made, as to any pinlal
loss, the Company shall only pay the loss pro rata m the proportion that the amount of
insurance at Date of Policy bean to the total value of the insured estate or interest at
Date of Policy; or
(it) where a subsequent Improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance sated In Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to toss, attorneys' fees and
expenses for which the Company is (able under this policy, and shall only apply to
that potion of any loss which excords, in the aggregate, 10 percent of the Amount of
Insurance stated In Schedule A.
(c) The Company will pay only thou toss, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Supulatons.
8. APPORTIONMENT.
If the land descnbed m Schedule A consists of two or more pares that are not
used as a single sae. and a loss is esabbshed affecting one or more of the parcels but
not all, the loss shall be computed and settled on a pro rata bass as if the amount of
insurance under this policy was divided pro rata as to the value on Date of Policy of
each separate parcel to the whole, exclusive of any improvements made subsequent 10
Date of Policy, unless a lability or value has Otherwise been agreed upon as to each
parcel by the Company and the insured at the time of the issuance of this paltry and
shown by an express statement or by an endorsement anached to this policy
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or takes action in accordance with Section 3 or Section 6, in a reasonably diligent
manner by any method, including hugaton and the completion of any appeals
therefrom, it shall have hilly performed its obligations with respect to that maser and
shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no Ilabdity for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
deposition of all appeals therefrom, adverse to the tide as insured.
(c) The Company shall not be liable for loss or damage to any stared for
lability voluntarily assured by the insured m settling any claim or sat without the
prior written consent of the Company
10 REDUCTION OF INSURANCE. REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for toss, attorneys' feu
and expenses, shall reduce the amount of the insurance pro onto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception 1 taken in Schedule B or to which the Insured has agreed, assumed,
or taken subject, or which is hereafter executed by an insured and which is a charge or
hen on the estate or interest described or referred to in Schedule A. and the amount so
paid shall be deemed a payment under this policy to the Insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed. in which case proof of loss
or destruction shall be famished to the satisfaction of the Company.
(b) When habdny and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
that the insured clamant would have had against any person or properly in respect to
the claim had this policy not been issued If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order Io perfect this right of subrogation. The insured claimant
shall permit the Company to sue. compromise or settle in the name of the insured
claimant and to use the name of the insured claimant in any tmnsacnon or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant. the Company shall be subrogated to these rights and remedies m the
proportion that the Company's payment bears to the whole amount of the loss
If loss should result from any act of the insured claimant, as stated above, that
act shall not void this policy, but the Company. in that event. shall be required to pay
only that part of any posses insured against by this policy that shall exceed the amount,
if any. lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non - Insured Obligors.
The Company's nght of subrogation against non-insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties.
other policies of insurance or bonds. notwithstanding any terms or conditions contained
in those instruments that provide for subroganon rights by reason of this policy.
14 ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the Company or the insured may
demand arbitration pursuant to the Title Arbitration Rules or the American Arbitration
Assoctabon. Arbitrable matters may include. but are not limned to, any
a
v
•
0.
L
0
controversy or claim between the Company and the Insured arising out of or relating
to this policy, any service of the Company in connection wish its ixsuana or the
breach of a policy provision or other obligation. All arbitrable matters when the
Amouniof Insurance is SI,000,000 or less SHALL BE arbitrated al the request of
either the Company or the Insured, unless the insured is an individual person (as
distinguished from a corporation. trust. partnership, automation or other legal entity).
All arbitrable matters when the Amount of Insurance )s in excess of 51,000,000 shall
be arbitrated only when agreed to by both the Company and the Insured. Arbitretton
pursuant to this policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the panics. The award may include attorneys' foes only if
the laws of the stale in wheh the land Is located pennn a croup to award anorneys'
fees to a prevailing party. Judgment upon the award rendered by t Arbitrator(s) may
be entered in any court having jurisdiction thereof.
The law of the sous of the land shall apply to an arbitration under the Tide
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15 LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, of any. attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
nnterprenng any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence. and
which apses out of the status of the title to the estate or internal covered hereby or by
any action asserting such claim, shall he restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President. a Via
President. the Secretary, an Assistant Secretary. or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is hold invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain In full force and effect
17 NOTICES. WHERE SENT
All notices required we be given the Company and any statement in writing
required to be famished the Company shall include the number of this policy and shall
be addressed to the Company at: First American Tule Insurance Company, 11490
Westheimer Road, Suite 600, Houston, TX 77077.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have filed,
contact the agent or write to the Company that issued the policy If the problem is not
resolved, you also may write the Team Department of Insurance of Texas, P.O. Box
149104, Austin, TX 78714 -9104, Fax No. (512) 305 -7426. TMs notice of
complaint procedure is far information only and does not become a pan or condition of
this policy.
z
0
11- GFfk
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
STATE OF TEXAS
COUNTY OF WILLIAMSON
MB BOARDWALK LIMITED, a Texas limited partnership ( "Grantor ") as a distribution of
capital pursuant to a limited partnership interest in Grantee, as defined below, and other good and
valuable consideration to Grantor in hand paid by J. Vaughn Brock ("Grantee "), whose mailing
address is 515 Congress, Suite 1230, Austin, Texas 78701, the receipt and sufficiency of which are
hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these
presents does hereby GRANT, SELL, and CONVEY unto Grantee, subject to all of the reservations,
exceptions and other matters set forth or referred to herein, an undivided 12.50% interest in the
following described property:
97826.1/011801
(i)
CORRECTION
WARRANTY DEED
2001006419 11 tomes
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference, together
with all oil, gas, and other minerals in or under the surface thereof, arid all
executory leasing rights with respect thereto (the "Land ");
(ii) All structures; utility lines, utility facilities, utility impiovernen t::, street and
drainage improvements, and other improvements of any kind or nature
located in, on, or under the Land (all of the foregoing being referred to herein
collectively as the "Improvements "); and
(iii) All appurtenances benefitting or pertaining to the Land or the Improvements,
including, without limitation, all of Grantor's right, title, and interest in and
to all streets, alleys, rights -of -way, or easemcnts adjacent to or benefitting the
Land, and all strips or pieces of land abutting, bounding, or adjacent to the
Land (all of the foregoing being referred to herein collectively as the
"Appurtenances").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfitlly claiming
or to claim the same, or any part thereof; provided, however that this conveyance is made by Grantor
and accepted by Grantee subject to: (a) all restrictions, encumbrances, easements and reservations
of record in Williamson County, Texas or visible and apparent on the ground; and (b) all
standby fees, taxes and assessments by any taxing authority for the current and all subsequent years,
and all liens securing the payment of any of the foregoing. By acceptance of this Deed, Grantee
assumes and agrees to pay and indemnifies and agrees to hold Grantor harmless from and against
all ad valorem taxes relating to the Property, for the current and all subsequent years, and for any
assessments due for the current and any prior years which arise on or after the date of this Deed due
to change in usage or ownership of the Property or otherwise.
This is a correction deed, given by Grantor and accepted by Grantee in
correction and replacement of that certain "Warranty Deed" dated effective
March 23, 2000, which is filed of record as Document No. 2000056316, Official
Public Records of Travis County, Texas (the "Original Deed "). This correction
Deed is entered into by Grantor and Grantee effective as of and retroactive to
the date of the Original Deed. As hereby corrected, the Original Deed is: (i)
RATIFIED and CONFIRMED in all respects by Grantor; and (ii) ACCEPTED
by Grantee.
EXECUTED on this 'LPN day of January, 2001 to be effective as of the 23r day of March,
2000, the date of the Original Deed.
THE STATE OF TEXAS
COUNTY OF TRAVIS
(
BEFORE ME, the undersigned Notary Public, on this day personally appeared J. Vaughn
Brock, President of MB Boardwalk Management, Inc., a Texas corporation, General Partner of MB
Boardwalk Limited, a Texas limited partnership, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, on behalf of said corporation and limited partnership.
Given under my hand and seal of this office this ).4 day of G lAQrN/ __2000.
" nY ELIZABETH FALTO - MANNION
• MY COMMISSION EXPIRES
• M :"S; =' May 6, 2001
97826.1/011801
GRANTOR:
MB BOARDWALK LIMITED,
a Texas limited partnership
By: MB BOARDWALK MANAGEMENT, INC.,
a Texas corporation, its
General Partner
By:
hn Brock, President
tiAtAL 6k.."
Notary tblic, State of Texas
GRANTEE:
AGREED AND ACCEPTED THIS
DAY OF JANUARY, 2001, TO
BE EFFECTIVE AS OF THE 23
DAY OF MARCH 2000, THE DATE
OF THE ORIGINAL DEED.
By:
THE STATE OF TEXAS
COUNTY OF TRAVIS
Brock.
97826 1/011801
This instrument was acknowledged before me this Lt day of January, 2001 by J. Vaughn
(seal) No ublic, State of Texas
ELIZABETH FALTO - MANNION
MY COMMISSION IXPIRES
May 6, 2001
The undersigned, Jeri Brock, being the wife ofJ. Vaughn Brock, hereby subscribes her name
as evidence of agreement and consent to the disposition made of her interest, if any, in the Property
described herein, conveyed from MB Boardwalk Limited to J. Vaughn Brock, Trustee.
Dated: / -J5 .0/
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this 2.5 h day of n ar 2001 by Jeri
Brock.
(seal) Not
AFTER RECORDING RETURN TO:
Gregg C. Krumme
Armbrust Brown & Davis, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701
97826.1/011701
CONSENT AND JOINDER OF SPOUSE
eri Br
ublic, State of Texas
ELIZABETH FALTO - MANNION
MY COMMISSION EXPIRES
May 6;2001
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
"
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a'/rinch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a %, -inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
I. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33°32'01", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79°12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417 - 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT 4 Page 2. of (9 Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 1/2-inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot I,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 1/2-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest comer of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76°09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417. 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT 1T Page 3 of (4 Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
/L
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
4 I 7- 658 /Parcels/Finals/m &b's/PAR80.doc
x Orl
SURVEY LEG?
■ . romp T. BRASS 015* IN CONCRETE
❑ • SET 7000T BRASS 515* IN CONCRETE
0 • SET '•r IRON R00 0/71003 AL.*. CAP
' • F0550 '•• IRON ROD UNLESS 077678156 NOTED
0 • FOUND 4 • 4• CONCRETE 1004(65?
LOT 2 G5 • CALCULATE° P01n?
REPLAT OF LOT 2 t • PRCNEALY LINE
BOARDWALK 2 5U8. t • BASELINE
SECTION 2
CAB. 5L. 61 • O?ILIT" PALL
8.6.6.7.
'MHO '•� r7CAP F N4NO "j I.S. r /0AP
N40 0.96' N40 26 13 0.96'
• SEE DETAIL •A
£ D1.61'
06320'
n P14' 3•
6 .6
395.91'
11.402.60'1
17.666.20' 1
v16'S6
IC IJf6.A3'1 4
76
/ � u, iiilr�jU[AA
•
NT1L9� 1�'K•T
PROPOSED 7.0.8.
F04NO 1000?
AN SI 0155 IN 6046.
3.37.45 0.52'
SEE 061*1L • B .
Lor
BOARDWALK 2 SUB.
SECTION 5
SA'r'CAB. N. SL:- "170
NOTE51
1. BEARINGS MO COOIDINA?ES ARE BASE0 04 THE TEYAS STATE PL
COCRDINA?E SYSTEM. HAD 0l. CENTRAL ZONE *00 AOJUSIEO 10
SURFACE USING AN ADJUSTMENT FACTOR CO 1.00012. •
2. 6N O I M 5 1 ?463? FOR TITLE NAY NOT BENEFIT
EASEIE01S b ' 101 PERTAINING TO THIS TRACT. ON IK 11 THE O SURyEI00 765 "0? ABSTRACTED THIS TRAC
3 OESCR IPT10N AC000ANIE0 BY • SEPAR•TE 3E3E5 403 30(00
4. 150 BE N SHOW EREON I5 PER A 3005 SUA7 FILE
61051300 B1 E 101X03. 0 Cdl(E AN0 07A°EN INC
.
5. 0.0.0.C.0. INDICATES OFFICIAL 7160705 O 2ILL(AK0N COUNTY. ?1015
6. 3.6.6.8. IIOICA3E5 e 001X(1 PLAT RECORDS
OR 0,711 �° ///Z0„
HCG P A 50350/07
LE Y AS EOISLRAT ION M 4]L4
=d
tit L E DATA
- iau.o
• 2.627
o•E
CC?. X19 T l i!
cD• 2.2n.
At. 532.
PC. 572.
20. 00
PI. 3.,35.
T • 10.152.59..1
• 10.1.9.696.90
ACREAGE
SUMMARY
NSO.FT.1
PROPEN4Y
*00(
REUAINOER
290.536
294.596
: LOT 3
AMENDING PLAT GT:
LOT 1 •
I BOARDWALK 2,51{1].
1
SECTION 3 1 ..
1 BOARDWALK 2 SUET.
'1 SECTION 2.
CAB. M. e1. 138
1 STA. 562•56.22
,� 239.12'
• t: 11 Er3r3FA3'A[rT
11 56.01'
115 5.99'1
534•.9 +401.72
I Si6 1462.04'1
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIA850N
GRANTOR:MB BOARDWALK LIMITED
SURVOON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 5757. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX 15121 899 -9390
EMAIL: Dusti nOsurvcon.COm
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
LOUIS HENNA BLVD
NCR 1701
26/17 0.7.8.6.1.
wT07n Vnr las
JOB a: 417 -658
F.B. 0: HWY 45
CAD FILE:
545PAR- 8O-SHT -1
SHEET 1 OF 3
0(3511
n.T S.
80
ASA THOMAS
SURVEY, A -809
08655 DISS IN COO. �,„
BEAR5 Ni3.13 .45.0. 0 .52' 6
75
N AIL •B
.ns.
LOT 2• 1
BDARDw6LK 2 5U8. �..
SECTION.5
. N. 5L'. :70 I
PROPOSED 8.0.81
M8 BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.w.C.T.
EXISTING R.O.0.
(COW 1500?
0?? 2.5 1 . E
7 9 . 12'51 •E.
560.00
OE
R ECORDERSAEMORANDUM
All or parts of the teat on this page was not
clearly legible for satisfactory recordation.
r
Z
rn
(n
2
m
rn
O
LA
ASA THOMAS
SURVEY, A -6Q9
•
LOT 1
•
BOARDWALK 2 'SUB.
:SEC. 3 •
068.'1f•_ SL. 5
d
LOT 2
U04RDSECK 2' SUB.
CAB. u 51. 5
C.P.R.
•
M
,M15•Sj'S1"E. 156.09'
, 155.99
u ii 1, [ui�t�r
LOT 1
1 1
1 1
t.r
I AMENDING PLAT Oi
I 1 0 1 1 I BOARDWALK 2 SUB.
,1 SECTION 1 rte
ANO LOT 3
1 BOARDWALK SECTION 2 SUB. 20,
:r CAB. M. 5L. 138 0.9
10T 3
BOARDW 2 SUB.
• 5 C. 3
;A8._ M, - SL. :5
PROPOSED R.0.9.
EXISTING X.0.9.—
LOT 4
00AR09ALK 2 SUB.
SEC. 3
CAB. M. 5L. 5
MB BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C. T.
v4.45•zr•9, uer. rz' '
lsrc•o9•n •.. uer.e4'I
LOUIS HENNA 8100
(CR 1701
1526/17 0.R.9.C.T.
Wiat15 varies r— 5.N.45
•
565.00.
•
RECORDERS MEMORANDUM
All or pans of the teat on this page was not
clearly legible for satisfactory recordation,
5.0.45
PARCEL PLAT
FOR PARCEL DO
COUNTY: WILLIAMSON
GRANTOR:0AB BOARDWALK LIMITED
0 SVRVOON RC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390 c
EMAIL: Oustin0survcon.c0m
SCALE: 1 = 100
ATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB 9: 417 -658
F.O. n: 800 as
CAD FILE:
545PA8- 80-SNT - 2
SHEET 2 OF 3
r
•
m
m
- n
1*0. sgTZ
"743F:
nssAVI
LOT 1
AMENDING PLAT 0 ;
BOAROZ ' 2 508.
SECTION 3
3
BOARDWALK. 2.3 1
SECTION 2
CAB: M. SL. 138 I ELL COMPUTER HOLDINGS. L.P.
....C.P.A. I 07.8845/ACRES (TRACT NO. 11
700. 05633512
=.3 0.0.0.0.0.
p
sTA. 513740.07 f
LT. 271.23 1
PROPOSED:R. O. w.
o
MB BOARDWALK LIMITED
6.769 AC4 REMAINDER OF.
CALLE04219.185 AC. e
0. 12 3. 3;124 .T
EXIST li R. 0.9
-
Ey.
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
9
Pr
PI
oT
CURVE DATA
572+32.74
561.20.01
3.135.257.51
T3.149.656.98
' 1 STA. 512.64.63
g Sr. MAO
.11114.50N COUNTY FOR
ROADwAY PURPOSES
5.891 ACRES
DOC. .9716130
5.8.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:M8 BOARDWALK LIMITED
SURVOON
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 4E10
AUSTIN. TEXAS 78701
TELEPHONE (5121 899-8282. FAX (5124 899
EmAIL: austinesurycon.com
SCALE: 7 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB a: 417
F.B. 101 HwY 45
CAD FILE:
545PAR-80-SHT
SHEET 3 OF 3
ASA THOMA
SURVEY, A-8
LOUIS HENNA 2180
(c8 1701
1526/17 O.R...C.T.
*Ion Yarrow
1LE.
ti
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01 -29 -200 02:52 PM 2001006419
JACKIE $35.00
NANCY E. RISTER .COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
,s:' : ' 2001006420 9 PPS/
11 - GF# 3.0l1 D4
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
THE STATE OF TEXAS §
§
COUNTY OF Ta2 §
1N IWAMSa1J
91531.1/100300
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: THAT
MB BOARDWALK LIMITED, a Texas limited partnership ( "Grantor") „ as a distribution
of capital pursuant to a limited partnership interest in Grantee, as defined below, and other good and
valuable consideration to Grantor in hand paid by JAMES H. MILLS, an individual residing in
Wi
IliArAscA County, Texas ("Grantee"), whose mailing address is P. 0. Box 411,
Georgetown, Texas 78627, the receipt and sufficiency of which consideration is hereby
acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents
does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations, exceptions
and other matters set forth or referred to herein, an undivided 5.00% interest in the following
described property:
Wultiinsokt
(i) That certain real property in Trau c County, Texas, which is described on
Exhibit "A” attached hereto and incorporated herein by reference, together
with all oil, gas, and other minerals in or under the surface thereof, and all
executory leasing rights with respect thereto (the "Land ");
(ii) All structures, utility lines, utility facilities, utility improvements, street and
drainage improvements, and other improvements of any kind or nature
located in, on, or under the Land (all of the foregoing being referred to herein
collectively as the "Improvements "); and
(iii) All appurtenances benefitting or pertaining to the Land or the Improvements,
including, without limitation, all of Grantor's right, title, and interest in and
to all streets, alleys, rights -of -way, or easements adjacent to or benefitting the
Land, and all strips or pieces of land abutting, bounding, or adjacent to the
Land (all of the foregoing being referred to herein collectively as the
"Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property ".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof; provided, however that this conveyance is made by Grantor
and accepted by Grantee subject to: (a) all restrictions, encumbrances, easements and reservations
of record in Xr s- County, Texas or visible and apparent on the ground; and (b) all standby fees,
W IWF2t4San)
taxes and assessments by any taxing authority for the current and all subsequent years, and all liens
securing the payment of any of the foregoing. By acceptance of this Deed, Grantee assumes and
agrees to pay and indemnifies and agrees to hold Grantor harmless from and against all ad valorem
taxes relating to the Property, for the current and all subsequent years, and for any assessments due
for the current and any prior years which arise on or after the date of this Deed due to change in
usage or ownership of the Property or otherwise.
'Oa.cehlryt_„
EXECUTED AND DELIVERED the ZO day oft= 200167
THE STATE OF TEXAS
COUNTY OF TRAVIS
This ins�trument was acknowledged before me this ZO day of `�2LC.n iUL ,
2000, by Ai �..� IJ' cL , of MB Boardwalk
Management, Inc., a Texas corporation, General Partner of MB Boardwalk Limited, a Texas limited
partnership, on behalf of said corporation and limited partnership.
(SEAL)
s: y;,�, JOHN P. BRUCE
e� Notary Public
wi State of Texas
AUGUST 29, 2004
91531.1/100300 2
MB BOARDWALK LIMITED,
a Texas limited partnership
By: MB BOARD WALKMANAGEMENT, INC.,
a Texas corporation, its
General Partner
By:
Printed e:
Title: pi — �
Date:
otary ublic Signature
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CST:
EXHIBIT A Page 1 of (v Pages
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 ° 19'20" W), a distance of
289.48 feet (289.22');
I. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot I, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417- 658 /Farce Is/Finals/m &b's/PA R80. doc
EXHIBIT 4 Page ? of Cs, Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a ''A -inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest comer of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest comer of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 ° 09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a' cinch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'l1" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned II-135 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
4 17 -65 8/Parcc Is/Finals /m &b's/PA R80.doc
EXHIBIT Pr Page 3 of (p Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
1. / / /kadv
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
41 7 -65 8/Parce Is/F i n aI s/m &b's/PAR80.doc
x C1 6
Z
SURVEY LEGEND
▪ • FOUND 0000T BRASS DISK IN CONCRETE
❑ • SET 00000 BRASS 0155 IN CONCRETE
o - SET 1'5° IRON 000 0 /14000 ALUM. CAP
• = FOUND '•j IRON ADO UNLESS 01HERKISE NOTED
• FOUND A" K 1 CONCRETE MONUMENT
LOT 2 A • CALCULATED POINT
P ROPERTY LINE 1 `
REPLAT OF LOT 2 t ASA THOMAS
BOARDWALK 2 SUB. R BASELINE SURVEY, A -809
SECTION 2 - -
CAB. M. SL. 61 31 • UTILITY POLE
W.C.P.R. • P.D.B.
1 % ✓ARCEL 60
I FOR10 0.R_ W /CAP FOUND '." I. II/CAP
X40'26 0.96' X10 .5. 0.96'
��
SEE DETAIL
3x 0, 450.04 4 .2 0 y /
t % ! 555.T 90
• LT. 85.65'/
EA3E
L0T -0
BOARDWALK 2 SUB.
SECTION 5
.50 N. SL :•'170
L•401.61' '•\
RW86.20'
A•33
C 550
395.01'
ILMO2.60' 1
IR631
1C•35
1C00 16 • EI
1396336.65'1
ull
PROPOSED R.O.W.
SEE DETAIL "B"
/ STA. 559.63.9A
LT. 235.10'
0011X0 10001
BRASS NSA IN CONC.
BEARS 013 T'AS "0. 0.52'
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
ExISTING 0.0.w.•�
6• \
--- - , 4 5. 0.45
- RECORDERS MEMORANDUM' — - — A 1 • _ _ _
00TES
1. BEARINGS AND COORDINATES ARE BASED ON THE TExAS STALE PLAN
COORDINATE S151EN• •0 83. CENTRAL ZONE AND AO2uSTED 10
SURFACE USING AN ADJUSTMENT FACTOR OT 1.000
2. THIS SURVET WAS PER7071E0 WITHOUT 007 BENEFIT OF A
C01411T4ENT FOR TITLE INSURANCE AND uAY NOT INCLUDE
EA5EAEN19 AND INFORMATION PERTAINING TO THIS TRACT.
RECOiO INFORMATION 50000* ON THIS PLAT IS BA5E0 ON PUOLI
OE
INFORMATION. THE SURVEY HAS NOT ABSTRACTED THIS TRACT
ESC PI P d1. I5 ACCOAPANIEO BY • SEPARATE AETE5 AND DM..
• • • �• � j-p 3 wyry r . y p. 1 I� r . }�. D. E � . . .
t u1Z••z- T
'�46�QAH': �$A'Gr"
Y 0.4.0.C.1. INDICATES OFFICIAL REC0R05 OF •1LLIAUS01 COUNTY. TEARS
6. 0.7.0.4. INDICATES WI AN50N COUNTY PLAT 0(700DS
�
DATE: 4 // 1&000
••i OE(N CANINE
9E5161E0E0 PROFESSIONAL LAND SuRYEYOR
TExAS REGISTRATION HO. 4345
1 57 BASELINE 50000 HEREd4 15 PER A 0(5105 500(0(007 FIL7
R0Y1010 00 TURNER. COLLIE 00 BRADEN. INC.
DETA "A
4. 0.5.
80
700(42 MOT 7. H
BRASS 0150 IN CONC.
BEARS X13 "0. 0.52' '62 j
N21.4A
1 19. 52' 42'5,
"T,! .s:
1.5.
Q CURVE DATA
L 2.241.43'
R 12.2 2g!'
C X19'53'10 "E
cD 2.238.08'
PC 549.96.31
PT 502.32.20
PI 561.20.00
x 3.135.251.51
Y 10.149.696.98
ACREAGE
SUMMARY
150.00.1
000PEX
AC
REMAINDER
294.596
294.596
0
/ ;LOT 3
/ 1 • I AMENDING PLAT OF
LOT 1 •
'I:' :1 BOARDWALK 2.SUB:
LOT • 2: I :. I SECTION 't
r>uxlc BOAR DO I
. I ::
i EA LEAS Xr; SE4T DWALK IONS
S
CAB. N. S`•, 470 I
` R . _ L
. I
P00005ED R.O.wI
AND LOT 3
BOARDWALK 2 0118.
'I SECTION 2.
1 CAB.. M. SL. 138
STA. 562.56.22 I
__
LT, 239 _Si_
_ - -
tli li• (4YKa
.'
11 55 156 .99' D1 1
524.49.21•:. 1481.12'
1516.09.3 1481.84'1
LOUIS HENNA BLVD
All or parts of the text on this page was not 5604pp l— 1526/17 O.R.w.C.T.
clearly legible for satisfactory recordation. 0 VarI05
5.5.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
CRANTOR:MB BOARDWALK LIMITED
SCALE: 1" = 100
DATE: MAR 2000
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 - 8282. FAX 15121 899 -9390
EMAIL: oustin@survcon.cOm
JOB a: 417 -658
F.B. 1'r: HWY 45
DRAWN BY: TC CAD FILE:
— S4SPAR- 80 -SHT -1
CHECKED BY: WJM SHEET 1 OF 3
r
Z
m
0
t/)
m
m
- n
•
•
LOY 7
BOARDWALK 2 5U8
:SEC. 3 •
CAB.''54. 5L•. 5
W.C.P.Ri
LO7 2
•
BOARDWALK :2 SUB.
SEC. 3
CAB. M. SL. 5
W.C..P.R.
N17 52'94'E• 156.01•
1 55.99'1
011111 171161
544.49'21'W. 1487.}2
1516.09'31'x. 748}.84'1
565900
ASA THOMAS
- T SURVEY. A -6■9
•
1 r,li
101. 1
AMENDING PLAT OF 1•
LOT 7
BOARDWALK 2 SUB.
SECTION 1 r \
AND LOT 3
BOARDWALK 2 SUB. '. iY
- SECTION 2
: CAB. M. SL. 138 .aDY
:7306`,
LOUIS HENNA BLVD
(CR 170)
1526/17 O.R.W.C.T.
Width VOr:es
F PROPOSED R.O.W.
• - ^YJ-
•
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
CURVE DATA
CB
CO
PC
P
X
2.241.43'
12
10
N19
2.238.46'
549.96.31
LOT 3
BOARDMALK 2 508
SEC. 3
t48: 'M. ' SL• ::5
MB BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
0•R.W.C•T.
EXISTING
@ 0.8.45
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
v- SURVOON INC.
v, PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480 .
AUSTIN. TEXAS 78
TELEPHONE 15127 899 -8282. FAX (512) 899 - 9390 c
EMAIL: austinesurvcon•com -
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN 87: TC
CHECKED BY WJM
572937.19
561020.00
3.135.251.51
10.149.696.98
LOT 4
BOARDWALK 2 5U8.
SEC. 3
4 CAB. M. SL. 5
W.C.P.R.
JOB 0: 417 -658
F.B. 11: HWY 45
CAD FILE:
545PAR- 80 -SHT - 2
SHEET 2 OF 3
1
C)
FND. COTTON
GIN SPINDLE
H
11$6.01'
1 674 7
1155.99',
LOT 1
AMENDING PLAT OF
LOT 1
BOARDWALK 2 SUB:.
SECTION 1
3 9 0 1 0 7 3
BOARDWALK 2.5158.
Y s6Cr10N 2
CAB. M. SL. 138 I
•
PA STA. 570.96.07 1
I : - Ws .1 9 1i Es 210.60
E: 1 2 1
K 1
'
I -
` -- MB BOARDWALK LIMITED -
6.769 AC4 REMAINDER OF.
CALLED /219.185 AC. r'
Z234/54
D.ft. W. C. 2.
EXIST1 R.0.W.
LT. 231.23' 1
' PROPOSED:R.0.W.
Isic•w'i�•:: iie is e: 1
LOUIS HENNA BL70
fCR 1701
1526/17 O.R.W.C.T. +1
Width Var18s
S.H.45
LT 'a
ASA THOMAS
SURVEY, A -600
RECORDERS MEMORANDUM
All or puts of the teat on this page was not
clearly legible for satisfactory recordation.
DELL COMMUTER HOLDINGS. L.P.
107.88451ACRE5 (TRACT N0. II
920. =9633512
1 O.R.W.C.T.
V
:2
1 STA. 5
CURVE DATA
L = 2.241.43'
B - 12.622.02'
6 = 10'10'29'
CB= H79
CO= 2.230.40'
C• 549■96.31
PT. 572.31.7.
11.561.20.00
Y 3.135.257.51
Y . 10.149.696.96
LT. 220.10'
u
574 "47' 56'0
WILLIAMSON COUNTY FOR
ROADWAY PURPOSES
5.891 ACRES
DOC. +5716130
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIA350N
GRANTOR:MB BOARDWALK LIMITED
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HwY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390 =
EMAIL: 0U5tinesurvcon.COm -
SCALE: 1" 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JO0 tt: 417 -658
F.B. as: HWY 45
CAD FILE:
S45PAR- 80 -SHT -3
SHEET 3 OF 3
FILED RAND RECORDED
OFFICIAL PUBLIC RECORDS
01- 29 -200F 02:52 PM 2001006420
JACKIE $31.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
20010015430 11 G e s
; 1144 4 :317c''1 JPB
PtTuRN Ta; HERITAGE TITLE
QrAN <JACINTO BLVD., STE.400
A111N, TEXAS 78701 SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS: THAT
COUNTY OF WILLIAMSON §
JAMES H. MILLS, an individual residing in Williamson County, Texas ( "Grantor "), for
and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and
valuable consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a Texas home
rule city ( "Grantee "), whose mailing address is 221 E. Main St., Round Rock, Williamson
County, Texas 78664 - 5271, the receipt and sufficiency of which consideration is hereby
acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents
does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations, exceptions
and other matters set forth or referred to herein, an undivided 5.0% interest in the following
described property:
(i)
That certain real property in Williamson County, Texas, which is
described on Exhibit "A" attached hereto and incorporated herein by
reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting
or pertaining to the Land or the Improvements, including, without
limitation, all of Grantor's right, title, and interest in and to all adjacent
streets, alleys, or rights -of -way, adjacent to or benefitting the Land (all of
the foregoing being referred to herein collectively as the
"Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property ".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same, or any part thereof, by, through, or under Grantor, but not
otherwise; provided, however that this conveyance is made by Grantor and accepted by Grantee
subject to: (a) all of the title exceptions revealed in or by the recorded documents and other
matters listed on Exhibit `B" attached hereto and incorporated herein by reference; (b) all
regulations, restrictions, laws, statutes, ordinances, obligations or other matters which affect the
Property and which are imposed by or exist by reason of any regulatory, governmental, or quasi -
governmental districts, entities, agencies, authorities or other bodies of any kind or nature
( "Governmental Authorities "); (c) all riparian rights, water rights, access rights or other rights of
any kind or nature which affect the Property and which are held by or relate to any
Governmental Authorities, the public generally or any persons or entities; and (d) all standby
fees, taxes and assessments by any taxing authority for the current and all subsequent years. Ad
valorem taxes with respect to the Property for the current year have been prorated as of the date
hereof. By acceptance of this deed, Grantee assumes and agrees to pay and indenmifies and
agrees to hold Grantor harmless from and against all ad valorem taxes relating to the Property,
for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
EXECUTED AND DELIVERED to be effective the 19 day of January, 2001.
THE STATE OF TEXAS
COUNTY OF TRAVIS
(SEAL)
KANDY NICHOLS
Notary Y fon Wes
Pub�C, State Of Tens
®• �O n nbe
APRIL 8,2001
2
This instrument was acknowledged before me this day of January, 2001, by James
H. Mills, an individual residing in Williamson County, Texas.
Signature
The undersigned spouse of James H. Mills consents to and joins in the granting, selling,
and conveyance of the Property to the City of Round Rock, as Grantee.
THE STATE OF TEXAS
COUNTY OF TRAVIS
(SEAL)
This instrument was acknowledged before me this /6 day of January, 2001, by Lavon
Mills, an individual residing in Williamson County, Texas. dillikilleAh--- did `P .0
KANDY NICHOLS
i Notary Public, State of Texas
Commission Expires h
APRIL 6, 2001 F
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
Spouse of James H. Mills
3
No
c Signature
EXHIBIT "A"
[PROPERTY DESCRIPTION]
4
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15°l9'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L02.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79°12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk-2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417 - 658 /Parcels/Finals/m &b's/PA R80.doc
EXHIBIT 4 Page 2 of (0 Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 'A-inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 'A-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (14 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
4 I7- 658 /Farce Is/Finals/m &b's/PAR80.doc
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
EXHIBIT 7'f Page 3 of (e' Pages
4 17. 658 /Parce Is/Fina I s/m &b's/PAR8O.doc
NOTES:
LOT 2
REPEAT OF LOT 2
BOARDWALK 2 50.
SECTION 2
CAB. M. 51. 61
( *0102 1 I.0. SICAP
1.0 : 0.96
• SEE DETAIL "A
q,p i.vR6GEL]40 -
,4 71 1 2: 90 /
• \LT.
L.401.17
R•686.20
3332
0 .
453.16
]95.94'
*711770 0 770
I4611:1g
it 15•)6 . 56"7
13 55 . 55 . 46'6 1
)91.65'7
orliVyTULT
PROPOSED 8.0.7.
FOUND 74007
BRASS 0)5K IN (C4C.
BEARS *73 0.52'
SEE DETAIL "D"
4%7
1. BEARI*CS AS COOROISA7E5 ARE 865(0 d 777E TEXAS STATE K
St puA CE *0J *5i0 01 4.000047 JUSTED i
JET 0E N CA04NE
TEXAS *IOU 1 N0µ 4345 SUIYCTOR
SuRKr LCL
▪ FO75 T. BRASS 0150 7N 001(7E7E
❑ • SET 74007 BRASS DISK IN CONCRETE
0 • SET ••; IRON 100 •,74005 ALVA. CAP
• • 00110 W ry" 7001 R00 UNLESS 01004 15E NO7E0
E • AMINO 4" x 4• CONCRETE 4004450/
A • CALCULATED POINT
t • PROPERTY LINE
• BASELINE
K • u77LITT POLE
16400 •' BEARS µ/04P
N4D 0.96'
/ .O.B.
• K 7AR BO
OE TA7I "A
74.1.5.
Lai 1
BOARDWALK 2 SUB.
SECTION 5
3 0 ' i 1 CAB• N. 5L:=1.20
! STA. 552457.94
LT. 255.70'
/ 7• LOT 2.
solm1V
CAB. J1.
si 170
.
• I
PROPOSED R.O.W1
ids 2. C 07 7 77L E ln 1 MS BENEFIT
200 PAY NOT 10CLUOE •
A5E4EN75 AND INIORWT104 PERTAINING TO THIS TRACT.
RECORD IN70R4u7104 500071 ON 71415 PLAT IS PASEO 07 75511
INf01wT10N. THE 5URKT0I 065 707 ABSTALCTE0 T0IS TRACT.
1. 7O 11PT P1AS ION. I5 ACCOtAN1EG BY • SEPARATE METES AND 00V40S
E S0
4. 71001060 BT TU 000.110 4OWEA.I477*. 44710 FILE
5. 0.5.4.0.74. INDICATES OFFICIAL RCCO4U5 OF •ILLIA0O4 CWNR. TE4A
6. 4.47.9.0. INOIC0TES 41 !ARCM C01NIr PLAT 4600101
OATET ///20049
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
EXISTING 0.0.47.
ASA THOMAS
SURVEY, A -809
560400
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactory recordation.
J
L
A
C 0
PC
PT
Al
10100 TKO05/
RA52 DIS4 . 3
BEA N7]'11'µ3 "•. 0.5x'
OE NA It '6"
E OATH
2.241.4)'
1x•62{ Ox
NTS.5 2 3'10 9'
i 19 . 5 • E
.x3s.4e•
572 706.31
37.74
3.435.
IO.139=f9in.
1156.01
11 55.55• ,
ACREAGE
SUMMARY
150.74.7
PROPERTY
ACOUIPEO
RE4u INDER
296.596
254.596
0
.107 3
AMENDING PLAT OF:
LOT 1 •
1 BOARDWALK 2,540- •
ND LOT 3
BOARDWALK 2 SUIT.
SECTION 2.
,I CAB. M. SL. 730 1 7
�.. •, W.C:P:R:.. I.
-- • • • 8 STA. 56246.22
T. 235.32'
/- 8 5.0.65 - s i ::
S.6.45
PARCEL PLAT
FOR PARCEL 60
COUNTY: WILLIAMSON
ORANTOR:M8 BOARDWALK LIMITED
LOUIS HENNA OLVO
770 1707
1526/1? O.R.W.C.T
1710971 6021.5
f7
1
z
m
CA
2
m
m
-H
N
O
T1
GI
SURVCON era
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 75121 899 -8282. FAX 15121 899 - 9390
EMAIL: oustirIOSur050fl•CO
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJ64
JOB a: 417 -658
F.B. a: HWY 45
CAD FILE:
545PAR- 80 -SHT -1
SHEET 1 OF 3
L03 1
BOARDWALK 2 5UB.
SEC. 3. •
C48. SL. 5
W.C.P.R:
LOT 2
80AR0WALK 2 SUB.
SEC. 3
CAB. M. SL. 5
W.C.P.R.
1, Si•E. ,77 � •
uN
ASA THOMAS
SURVEY, A -OC9
151 51 4. 6. 41'x1'5. 14e 1.
05'31 451.14'1
LOT 1
AMENDING PLAT OF
LOT 1
• BOARDWALK 2 SUB.
SECTION 1 -�
AND LOT 3
BOARDWALK 2 SUB. xW
SECTION 2 .
CAB. . S 135 ab•W
1
RECORDERS MEMORANDUM
An or parts of the text on this page was not
clearly legible for satisfactory recordation.
I 'i
I I
I 1.
LOUIS HENNA 8180
(CR 1701
1526/17 0.8.4.0.7.
414311 Varies c @ 5.0.45
LOT 3
BOARDWALK 2 508.
SEEC. 3
•.008. Y. SL'. :5
PROPOSED R.O.w.
MB BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
0•R.W.C.T.
EXISTING R.O.w.
S.H.45
PARCEL PLAT
FOR PARCEL B0
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
SCALE: 1" 100
DATE: MAR 2000
DRAWN 8Y: TC
CHECKED BY: WJM
LOT 4
BOARDWALK 2 SUB.
SEC. 3
x CAB. M. 5L. 5
CAD FILE:
S45PAR- 80
SHEET 2 OF 3
t SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 18121 899 -8282. FAX 15121 899 -9390 -
EMAIL: 0ustinesurvcOn.com
JOB s,: 417 -658
17
T
Z
m
L/1
m
m
124
0
m
F.B. 8: HwY 45
•
740. 701104
014 5711701.E
5 74 77
,d44: P4; •E
LOT 1
AMENDING PLAT OF
LOT 1 • 1
BOARDWALK 2 558:
SECTION 1
ANO LOT 3
y 80AROWALK 2.31)8.
36 SECTION 2
C28: M. 51.. 778 1
! II • W.C.P.R.
- I
r
4. s1A. 51044.07 1
LT. 231•23 I
- PROPOSED R.O. W.
� i6•xf 11.6. z1e.<o
!•1]'11 • E: 1 ite.<1'1
•
Y 9OAC REK LIMITED
.7 1 O
.769 REMAINDER F
CALLEOI ED1219.185 AC. .
4234/54
D .R.W.C.T.
EXIST ;HO R.O. W 1
1
t s?ves•iiti: 7747:7: T
LOUIS HENNA BLV0
ICR 1701
1526/17 O.R.W.C.T.
WIOt2 Varies
S.H.45
RECORDERS MEMORANDUM
All or parts of the tear on this page was not
clearly legible for satisfactory
recordation.
ASA THOMAS
SURVEY, A -809
_ 1
-
- I ■ILLIAMSON COUNTY FOR
/ ROADWAY PURPOSES
DELL COMPUTER HOLDINGS. L.P.
107.88 /ACRES 7TRACT N0. 11
5 0C.
09 [ 3T 12
SVA. 57744./13
LT. 220.10
5.891 ACRES
DOC. 49716130
17
71T4.i4T SVE
y CURVE DATA
7. 181.
s o ° ]�
i1.i311 ,o-E
Pc 51]•]6.11
71 51248/.11
PI 561.20.00
T 1.135.257.51
10.149.656.91
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
66887 R:M8 BOARDWALK LIMITED
SURVCON 2c.
PROFESSIONAL SURVEYORS
5316 HwY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390
EMAIL: austinesurvcon.ca
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED 8Y: WJM
JOB n: 417 -658
7.8. u: HWY AS
CAO FILE:
S45PAR- 80 -SHT - 3
SHEET 3 OF 3
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED RED RECORDED
OFFICIAL PUBLIC RECORDS
01- 29 -200T 02:52 PM 2001006430
JACKIE $35.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
a°1-1°4 JPB
RETUkn I 0. nERITAGETITLE
Sb SAN JACINTO BLVD., STE.400
AuSflti, 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
(i
SPECIAL WARRANTY DEED
2001006428 10 Fog
KNOW ALL MEN BY THESE PRESENTS: THAT
J. VAUGHN BROCK, an individual residing in Travis County, Texas ( "Grantor"), for and
in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable
consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a Texas home rule city
( "Grantee "), whose mailing address is 221 E. Main St., Round Rock, Williamson County, Texas
78664 -5271, the receipt and sufficiency of which consideration is hereby acknowledged and
confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL
AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set
forth or referred to herein, an undivided 21.56% interest in the following described property:
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoeverlawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, governmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities"); (c) all riparian rights,
water rights, access rights or other rights of any kind or nature which affect the Property and which
96632.3/032200
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
THE STATE OF TEXAS §
COUNTY OF TRAVIS
(SEAL)
EXECUTED AND DELIVERED to be effective the 19 day of January, 2001.
e" ELIZABETH FALTO - MANNION
i q MY COMMISSION EXPIRES
_,, May 6, 2001
By:
96632.3/032200 2
This instrument was acknowledged before me this 24 L day ofJanuary, 2001, by J. Vaughn
Brock, an individual residing in Travis County, Texas.
otary Public Signature
The undersigned spouse of J. Vaughn Brock consents to and joins in the granting, selling,
and conveyance of the Property to the City of Round Rock, as Grantee.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this Z day of January, 2001, by Jeri
Brock, an individual residing in Travis County, Texas.
(SEAL)
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
96632.3/032200 3
Spouse of J. Vaughn Brock
JERI BROC
otary Public Signature
v ^• +Vx ELIZABETH FALTO- MANNION
MY COMMISSION EXPIRES
s 1 May 6,2001
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a '/z -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, V= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a %z -inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest comer of said Lot 2 bears North 16°41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta-33°36'58", CH =South 55 °53'16"
East, 396.85') to a 1/2 -inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417-65 8/Parcels/Finals/m &b's/PA R80.doc
EXHIBIT 4 Page 2. of Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 'h -inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section I and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest comer of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest comer of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a %: -inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast comer of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °4927" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73°08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest corner
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417. 658 /Parcels/Finalslm &b's/PAR80.doc
EXHIBIT 7'S Page 3 of fp 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 Cc!lie and Braden Inc.
¢ /i/ /zaoa
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
417- 658 /Parcels/F ina ls/m &b's/PAR80. doc
LOT 2
❑ •
• •
Gg
A •
REPLAT OF LOT 2
BOARDWALK 2 SUB.
SECTION 2
CAS. u. 51. 61 la •
LOT 2' I
/� N b ., BOARDWALK 2 SUB.
' 8rr '8.17, SECT 1 61 5 ,70
C. P. - I
. may I
PROPOSED 8.0.31
/4'.--uNLlri ASLCai
•
L 01.61'
R (66.30'
6.1]•]2'01'
C 451.14' 11'E
19 s. 91'
Il ••03.60'1
10..$86.20'1
16.11.16' }8'1
I 0 111 i X5'1
vr to )0
5EE DETAIL 'B'
SURYCT LCCr
• •
•
Lor 1
BOARDWALK 2 SUB.
SECTION 5
{3, 9'0.8. N. 511'170
•
W,C.P,iT
•
•
PROPOSED R.O.W.
}. 518, 558.63 94
LT. 235.70'
35 6 90' IN . 0.
ARS Mt ]•]r'AS'W. 0.52'
FOUND T. BRASS 0154 IN CONCRETE
SET 7000T BRASS DISK IN CONCRETE
SET '•j IRON R00 WaTROOT ALw. Cap
WNO '•i IRON R00 UNLESS OTHE13156 N0TE0
F0uN0 4' x 4 GCMGRETE NONUAENT
CALCULATED POINT
PROPER77 LINE
BASELINE
073L)TT POLE
• 1 : Y RCEL C0
WNO 'EEiRS. W /C3P' • /
F N40 , 26'11 • W. 0.96'
ASA THOMAS
SURVEY, A -809
0(1 811 'a
.I. S.
8 0
Mil
1 1 9 . 12'51 •E,
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
0•R.W.C. T.
rss Jr
EXISTING R.O.W. -
Gr \
NOTES:
1, BEARINGS MO CCCADINA3E5 ARE BASED OW THE TEBAS STATE PL
COORDINATE 5151EW. NA0 63. CENTRAL ZONE A1O AOJU51E0 TO
5URFAGE USING AN AOJU5TUENT FACTtl0 0P 1.00017.
2. THIS 0211 008 TITLE *NO mAT NOT INCLUDE INCLL1.07 •
EA5E0515 AND r10N 703181115° 10 7x15 a
EC III 3 6 E s 1 P4 SNORN ON PLAT BASED 0 pI
xFalM.rl DN. rNwvErw xai NOT ABSTRACTED Nls °r.
3. 7 3)5 71.47 15 ACCCAAANIED BY A SEPARATE IETES AN0 BOUNDS
4. 7NE BA5El11E 50°35 0(5 E
P3 A DE510N SCNE6u31C FILE
PROV1060 63 TURNER, C0L L16 1 AND B3a0EN. INC.
5. 0•11.t.C. T. INDICATES OFFICIAL 3ECOR05 OF WILLIM4CH 000013. (ERAS
6. W.C.P.R. INDICATES •ILSJ AA40N 000333 PLAT RECORDS
• l �� °ATE• ` • /IIZ000
PEGISTEREO 7RCFE551 014 LaxO 50116/01
iEWS BELT StReTlpl x0. 6165
BRASS p1x0 3'x00(/
IN . 0. - ••2
0(035613' 31'AS 'W. 0.52' r 6pP
OEN AIL '8'
.T. s.
2tcCORDERS MEMORANDUM
AU or pans of the text on this page was nor
clearly legible for satisfactory recordation.
11 56.01'
11 15.99',
ACREAGE
SUM MARY
. r.,
px REC,
ACCUIIREO
29•.596
29•.596
REMAINDER 0
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282, FAX 15121 899 - 9390
EMAIL: Oustinesurvcon.cOm
SCALE: 1" 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
J03 01 417 -658
F.S. W: HWY 45
CAD FILE:
S45PAR- 80 -SHT -1
SHEET 1 OF 3
LOT 3
AuENSINO PLAT D6:
1 L0T 1
1 80AROVALK 2 ,518.
1 N C LOT 3
SOAROWALK 2 SUET.
"I SECTION 2.
1 CAB.W 51. 130 I
H •
1 STA. 562.56.22 1
•��___ Lt. 239.32'
1l 140)0
Si4.41'21'W. 1•(1.22'
1516•a9'1VW. 412.13'1
S.H•45
A 'E'I LOUIS HENNA BLVD
560.00 7 ICR 1701
1526/17 O.R.W.C.T.
Width var•es
5.8.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: 311110M50N
CRANTOR:MB BOARDWALK LIMITED
--I
C)
1-
z
m
Ln
m
P1
0
't0
CN
-n
LOT 1
80AR0wALK 2 SUB.:
SEC 3 .
CAB.'24. SL. 5 •
W.C.P.R:
• tl
LOT 2
•
504955416 .2' SUB
SEC. 3
CAB. M SL. 5
IN19.1,•511 1159.99'1
ve l 1,3(I
ii5N1
ASA TIf0IUAS
SURVEY, A-8or9
I v
LOT 1
71.4621INEP64 OF .1
2
LOT 1
BOARDWALK 2 SUB.
SECTION 1 1,----ti
AND LOT 3
6049 0441)2
SECTION 2 SUB. 05
r CAB. M. SL. 138 �
Pa
•• w.C.P.R.
1
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactory rccordasien.
LOUIS HENNA 8100
(CR 1101
1526/17 _ 0.R.w.C.T.
with(( Varies 5.H.45
565.00
It CURVE DATA
N •vio•C
PT
s99AL19
PI 561.2
3
Y 10.199.696.90
LOT 3
0540006LK 2 SUB.
S C.
h: .5
11 PROPOSED 8.0.w.-
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
- =,1 O.R.W.C.T.
EXISTING R.O.w.-\
5.H.45
PARCEL PLAT
OR PARCEL 80
COUNTY: WILLIAMSON
CRANTOR:MB BOARDWALK LIMITED
CALE: 1" = 100'
G ATE: MAR 2000
08488 BY: TC
CHECKED BY: WJM
JOB
LOT 4
BOARDWALK 2 500.
SEC. 3
Y CAB. M. 51. 5
SVRVOON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (5121 899 -9390
EMAIL: austinesurveon.com
: 417 -658
F.B. A: HWY 45
CAD FILE:
5HEET OF -2
- rl
DELL C07WNTER HOLDINGS. L.P.
107.88451ACRE5 (TRACT NO. II
QOC. .9633512
D.R.W.C.T.
) 4.A
• 6 Sn. 37041e.07
1, 7. 171.77' 1 1 e St, 573.4.113
. PROPOSEO:R.O.W.-\ Lt. 270.10'
Ne'x9 J0• • x1e.60 '
- ,
MB BOARDWALK LIMITED ' - 1 WILLIAMSON COUNTY FOR
6.769 AC4 REMAINDER OF. , , ROA PURPOSES
CALLE01219.185 AC. ". 5.891 ACRES
21234 /54
O.R.w. C. i. o DOC. .9716130 �I O.R.W.C.T.
EXISd R.O. W. ;
I 1
s i.•.9'xrW. ' .17.12
t va•o9V rW. i.eT.iP3
LOUIS HENNA BIYO
ICR 1701
1526/17 O.R.W.C.T.
W1810 Vories //�
�•�•c S.H.45• a.
LOT 1
AMENDING PLAT OF
OT 1
BOARDWALK 2 SUB. I
SECTION 1
8008 N0 10T 3 • 1
01411 ON 1 508. 1
0A8. 51. 138 1
. w.C.P.R. I
;«ECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory rocordation,
ASA THOMAS
SURVEY, A -809
974'W7
ATE: MAR 2000
DRAWN BY: TC
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
ORANTOR:MB BOARDWALK LIMITED
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390
EMAIL: austinOsurvcon.com -
SCALE: 1" = 100'
HECKEO BY: WJM
JOB a: 417 -658
F.B. a: HWY 45
CAO FILE:
545PAR- 80 -SHT - 3
SHEET 3 OF 3
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01 29 200x02:5 PM 2001006428
JACKIE $33.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11- GF #•' ?o JPB
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400 SPECIAL WARRANTY DEED
AUSTIN, TEXAS 78701
COUNTY OF WILLIAMSON §
THE STATE OF TEXAS
2001006425 9 F•es
KNOW ALL MEN BY THESE PRESENTS: THAT
J. VAUGHN BROCK ( "Grantor "), for and in consideration ofthe sum of TEN AND NO /100
DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by CITY
OF ROUND ROCK, a Texas home rule city ( "Grantee "), whose mailing address is 221 E. Main St.,
Round Rock, Williamson County, Texas 78664 -5271, the receipt and sufficiency of which
consideration is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED,
and by these presents does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the
reservations, exceptions and other matters set forth or referred to herein, an undivided 12.50%
interest in the following described property:
97104.2/032200
(i) That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, governmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities "); (c) all riparian rights,
water rights, access rights or other rights of any kind or nature which affect the Property and which
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this ?.q day of a u_af
2001, by J. Vaughn Brock.
(SEAL)
EXECUTED AND DELIVERED to be effective the 19th day of January, 2001.
nA\ ELIZABETH FALTO.MANNION
= • MY COMMISSION WIRES _4' . i 1 ;3 , ,.- May 8, 2001
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
97104.2/032200 2
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
A ,
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144 24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest corner of said Lot 2 bears North 16°41'14" West (N 1519'20" W), a distance of
289.48 feet (289.22');
I. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk -2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417.658/Parcels/Finals/m &b's/PA R80.doc
EXHIBIT 4 Page 2 of Pages _
3. THENCE, North 78 °2733" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 1 .4-inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast comer of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a %: -inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °4727" West (S 76 W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417- 658 /Parcels/Finals/m &b's/PA R80.doc
EXHIBIT 1't Page of _(QPages
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
April 11, 2000
417. 658 /Parcels/Finals/m &b's/PAR80.doc
r Np
sou
v
NOTES:
LOT 2
REPEAT OF LOT 2
BOARDWALK 2 SUB.
.: SECTION 2
CAB. M. S1. 61
W.C.P.R.
!TOP10 E i.s_ 01040
J N10.26'li v.
A I
� SEE CET.. '4
.t d"si'15sss.14�D
• 111. 45.65'/
�.
< i t x1 rtin i 04040
•
R 36e6.20'
C 4051 E
195.9+'
'
1..0x.60'1
IRKB6.20
IA•35'16•Se•1
I C 4055.53' +6'E I
I 396.e5.1 R1LL1,;,,,e44•r
LOT 1
BOARDWALK 2 508.
SECTION 5
S' e'0A8. N. 5L2/1 TO /
W.C.P.N..
PROPOSED R.0. w.
SEE DETAIL • B'
SURVE7 EEC
▪ • 001x0 T. BRASS DISK IN CONCRETE
❑ • SET MOT BRASS DISK IN CONCRETE
O • SET IRON P00 1/09001 ALW. CV
• • FONJ80 '• IRON ROO UNLESS OTNER•I SE NOTED
O . t°UNO 0. • 4 CONCRETE OONUNEOT
• • 0ALCIR•TED POINT
0 • 0001(010 LINE
y5 6 � • BASELINE
NIL • UTILITY POLE
stA. 551363. TA
LT. 2]S.?O'
101x0 r DDT
BRASS DISR IN CboC.
EARS xil•li'.]••. .52'
Ili
FOUR° '' �EioS • "0"'
X.0.26•11'•. 0.91'
1 COORO�MAi Y5 . 08* 333. (6800iL 0051 600 *OJUSIEO
SURFACE USING 4N AOJUSTLEKI FACTON 01 1.00012.
2. THIS SURVEY 145 PERFORMED WIINOIT ONE BENEFIT OF •
C0.1111EN1 FOR TITLE INSURANCE ARO RAY NOT INCLUOC
EASEIE016 AND Ix1O1NA11ON PERTAINING TO TN15 TRACT.
0(0000 INFONM0110N 50091 OR 1X45 PLAT IS BASED OR RUM.
INF0RN40I0N. THE SURVE101 RAS Nor ABSTRACTED Nls CT
1. OES2RP101O45 ACCOPANIED B1 A SEPARATE mots 400 BOUNDS
0. PNOX4Gf0L077 10306A.NCRL)EI *00E5060E1N51 I C NC SCNEWTIC FILE
5. 0.0.1.4. T. INDICATES OFFICIAL REC0R05 R •1ELIAN50N COUNTY. TEXAS
6. •.C.P.R. INDICATES •I ARSON 501811 PLAT RECORDS
• OR
0ATE. // /2000
OE. CANINE
JAY 55'
1061004 LAN SURVEYOR
TEXAS PEGISTRAiION NO. 0]° 05
ASA THOMAS
SURVEY, A -609
,
09 SURV ON Ira
PROFESSIONAL SURVEYORS
5316 HWY. 290 wEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390
EMAIL: oustlnOsufvcon.COm
SCALE: 1" = 100'
OATE: MAR 2000
DRAWN BY: TC
FJr•/'OTTnrnnt6 K , y CHECKED BY: WJM
J08 at 417 -658
F.B. 0: HWY 45
CAD FILE:
545PAR-80 -5HT - 1
SHEET 1 OF 3
DEx II A
.i.
80
■.
BRAS5 GIS[ IM CONC. �e j
Baxz Nu•Jr s•1. D. sz•
1.5.
LOT 2
OAROWILK 2 SUB. I"
SE.
0.8. JICT . 10 0L. 5 170 I_
' 1
PROPOSED 8.0.01
J
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
0.R.w.0. T.
EXISTING R.O.W.
1 -- @ S•N•.S
x
1 N 1 9 . 12'S1'E.
All or parts of the tat on this page was not
dearly legible for satisfactory recordation,
% L E OATA
12.62; O1'
10•+0 x9•
x19
2.xle..a•
S.f H6 11
600 pp
7.105.251.51
10.149.696.96
ACREAGE
SUMMARY
120.1 i.1
05
4[ EO
29..596
RENAINOER 0
104 J
I AME602N0 P OF. ••W
2
I 80600*01 P 12,548-
• 1, AC
ND 3 - • 90A90WALK SECTION 2 7 0110.
. 1
1 CAB. N. SL. 138 L i
: I.. W.C: P :R :
e STA. 562.56.02
1 156.01
115 5.99'1
510 +.61.12'
I v6•D9•n ••. +.rt.e.•I
•T '—••_ _ __
LOUIS HENNA 8190
S60.00 1 �• (CR 1701
1526/17 0.9.0.C.1.
W,Den varies
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
I
3>
f3
r—
Z
rn
Ln
2
m
m
N
O
,'1
400
101 1
BOARDWALK 2 5UB.
SEC. 3
C AB. SC. 5
W.C.P.8
LOT 2
BOARDWALK :2' SUB..
SEC. 3
CAB. M. 5L. 5
T' 54'4A•E. ,56.
1579. 2'SI•E. 1155.
olun (YmW1
S14•41'2l 5. 4 7.7x'
157Ca5V1 1517.14'2
ASA THOMAS
SURVEY, A-60
1%1
I v
I 7
LOT 1
AMENDING PLAT OF 1
LOT 1
80ARD5AIK 2 SUB.
SECTION 1
AND LOT 3
• BSA SECTION 2 UB.
CAB. M. SL. 138
I
LOUIS HENN BLVD
1526/17 0.8.12.0.7.
xi atn varies 5.6.45
565400
RECORDERS MEMORANDUM
All or pans of the teat on this page was not
dearly legible for satisfactory recordation.
LOT 3
•
BOARDWALK 2 SUB.
' VA L' A0. J. '5L. '5
x.C.P.R.•
r --71 PROPOSED 9.0.5.
MB BOARDWALK LIMITED
6.769 AC1 REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W. C. T.
EXISTING R.O.W.-\
5.7.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILL IAMSON
GRANTOR:MB 80AR08ALK LIMITED
LOT 4
BOARDWALK 2 SUB.
SEC. 3
M CAB. M. 5L. 5
W.C.P.R.
ItIl SURVCON INC.
PROFESSIONAL SURVEYORS
5326 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390
EMAIL: oust,nOsurV0On.CWf
SCALE: 1" = 100
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB
a: 417-658
F.B. a: HWY 45
CAD FILE:
S45PAR 80 - 2
SHEET 2 OF 3
(/J
0
- n
CN
C)
1
z
m
0
• =
m
N
F,W. 001124
0(0 SPINDLE
N}i•52'77'E' Nt /'2) J1 • 31160
11 51.01' �I 19.79'17•E: 1 1
153
. 91 ! 1 E ,',•3 : 1 1
5 "WY' 1 MB BOARDWALK LIMITED
:R% : .I 6.769 AC.1 REMAINDER 0F.
- 1.2i, CALLE01219. 185 AC. . F I
° 5234/
's¢ ( O.R.w.C.T. O/
1 .E!
EXIST ;I{G R.0.4. i H
907. . 79'21 0. 1711.72' .. - 2-
(sl6•o9'51 1711.!1'3
LOUIS HENNA 6130
(CR 1701
1526/17 0.11.X.0.7.
■1005 307100
Pr
PI
1
ELL CO0PUTER HOLDINGS. L.P.
07.8875 /ACRES ITRACT N0. II
groc. O.R.0.0 7T 12
/ t STA. 910.90.60
I LT. 220.10
Nrllill 1 All
V CURVE DATA
}.}41.43
}.6 }2 02'
(0 N7943
60 }.}16..1
PC 979.96.11
961.: 11.17
4.oG
i0.f i9 ?696596
1
N1LL10M50N COUNTY FOR
ROADWAY PURPOSES
5.891 ACRES
OOC. .9716130
5.4.45
PARCEL PLAT
FOR PARCEL BO
COUNTY: WILLI4U50N
GRANTOR:M8 BOARDWALK LIMITED
SURVOON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5221 899 -8282. FAX (5121 B99 -9390
EMAIL: oustlnesurvcc0.com
SCALE: 1" = 100'
OATE: MAR 2000
JOB a: 41T -658
F.B. W: HWY 45
DRAWN 8Y: TC CAD FILE:
$45PAR- 80 -SHT -3
CHECKED BY: WJM SHEET 3 OF 3
ASA THOMAS
SURVEY, A -809
LOT 1
AMENDING PLAT Of
LOT 1 • I
BOARDWALK 2 SUB:. I
SECTION 1 •
AND LOT 3
BOARDWALK 2.500.
So SE0T10N 2
CA0.y L. 138 1
.C.P
CC!
{
e STA. 510498.07
tr. 211.25' I
• PROPOSED:R. O. V.
e.5.H.45
T}T4r47'S6'E
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactory recordation.
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County,.Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01- 29- 200102:52 PM 2001006425
JACKIE $31.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
,r
-11 -GF# I"l04PB
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
(i)
SPECIAL WARRANTY DEED
2001006423 10 f
KNOW ALL MEN BY THESE PRESENTS: THAT
MB BOARDWALK MANAGEMENT, INC., a Texas corporation ( "Grantor"), for and in
consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable
consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a Texas home rule city
( "Grantee "), whose mailing address is 221 E. Main St., Round Rock, Williamson County, Texas
78664 -5271, the receipt and sufficiency of which consideration is hereby acknowledged and
confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL
AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set
forth or referred to herein, an undivided 1.00% interest in the following described property:
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference (the
"Land ");
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successorsandassigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, governmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities "); (c) all riparian rights,
96629.2/032200
water rights, access rights or other rights of any kind or nature which affect the Property and which
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
THE STATE OF TEXAS
COUNTY OF TRAVIS §
This instrument, was Acknowledged befor�j me thi 2 � day o f a (1 Aar
2001, by 5. v &U9�t\ , f rf 9i to MB oaardwalk
Management, Inc., a Texas corporation, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein ..expressed, on behalf of said Kiev /)6 7 /,'py, •and
(SEAL)
96629.2/032200
EXECUTED AND DELIVERED to be effective the 19th day of January, 2001.
Given under my hand and seal of this office this 7.4 day of 2001.
gY" ELIZABETH FALTO-MANNION
�rTM g MY CAMMISSIDN EXPIRES
o �, May 6, 2001
MB BOARDWALK MANAGEMENT, INC.,
a Texas corporation
2
By: r V I l�—
Printed ame: "3":$1‘,., ( f 1 f 6CL_
Title:
Date: P U a r Zc4 ?,00
otary Public Signature
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
96629.2/032200 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
b
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a ' /cinch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a'/ -inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a'/: -inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417.658/Parcels/Finals/m &b's/PA R80.doc
EXHIBIT 4 Page 2 of Pages
3. THENCE, North 78'29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a '/a -inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a %.-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest corner
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417. 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT_A_Page .R of ip 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
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
4 17. 658 /Parce Is/F inals/m &b's/PAR80.doc
NOTES:
L01 2
REPLAT OF LOT 2
BOARDWALK 2 SUB.
SECTION 2
CAB. M. SL. 61
FOUND '' 6EA S. W /CAP FOUND ,.' .0. W /CAP
540 P +. 040.26'13"0. 6.96'
}} O.iSO. iii }
. 4 1 1 !- 353.70.90
\li 65.65'7
,..\
•\ ti
• / ` u112211
10401.61'
00556.20'
5.91
ia 0402. i0•i
rte6.:p'
53.36 6
IC1 .1. 396.e5'If CI
uTll4lr aHi[AI
•
LOT' 1
500800016 2 SOB.
SECTION 5
' CAB. N. 517170
W.C.P.IC.
PROPOSED R.O.W.
SEE DETAIL "e
SURVEY LEG.
• 700140 T. BRASS DISK IN CONCRETE
SET 70001 86055 OISE IN CONCRETE
Q • SET '•f IRON R00 9/TE00T ALUM. CAP
• • 704040 '•r IRON R00 UNLESS 01NE0R1SE NO1C0
® • FOUND 4' R 4' CENC0ETE M7N1LENI
o • CALCULATED POINT
E • PROPERIi LIRE
1a1� • BASELINE
vL • UTILITY VOLE
1 STA. S54463 94
L7. 235.TO
1 C4 5 7 710 00 1711 5 5 66015 601. b1N*40 EbJUSIEOE TO
SURF U AN A0JU514E 7161 00. K 1.000
2. THIS TITLE 10SWMMCE�ANCI HAY NOT 114[ 1006
EASE6ENT$ 80 70864014 P600001 116 TO THIS CT.
RECORD INFORAMII 500070 ON THIS PLAT IS BASCO ON MALI
INF0RWr104. THE SURYET0R MAS NOT ABST05CTE0 THIS TRACT.
7015 7EAT IS ACV:WANTED BY A SEPARATE AETES AND BOUNDS
OESCRIPT104.
O NE BASELINE 50004 060600 9, PER A 065140 5C0EMATIC FILE
8001060 BT 100418. C0.LI71 NO 6100710. INC.
S. O.R.+.C.l. INDICATES OFFICIAL RECORDS Of •ILLIANSDN COIWNY. TE1A
6. R. IHOICAIES WI :50 PLAT RECD 005
"'� /v DATE. I / / /Ze'ae
JAY E01 LA00 SURVEYOR
TEXAS REGISTRATION N0. 434S
Fd4ND n60r
BRASS DISE IN . 0.
BEARS 413.31'45 "W. 0.52'
. O B
• 1 A� OCEL 60
p
BOARLOT 2 1..
•IMin DWALK 2
- u11 r. SECTIONS SAO.
'CAB. N. S1 ITO I:;
' •
PROPOSED 8.0.01
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
EXISTING R.O.r.-
Q S.H.45
ASA THOMAS
SURVEY, A -809
DETAIL •A
0X•55 moo TABO 4.
BEARS NT3. V 0.52'
Of fall '8' t
N. 1.5.
04x• '2' 44'0.
{1479. 3'36'0.
RECORDERS MEMORANDUM
All or parts of the teat on this page was not
clearly legible for satisfactory recordation.
.
C E DATA
L 2.241.45'
12.6x7 07'
10 19'
4 "E
545.96 37
5)2.31.14
561 .20.00
1 .. 14..69..1
0.14).716.96
1106.01'
11 05.99 . 1
ACREAGE
SUMMARY
150.7
0.E 29{.596
PROPEPIT
ACW IRO
REMAINDER
:LOT 3
AMENDING PLAT OF Y
1 101 1 •'
1 B0AROWALK 2,50 Y '
SECTI
AND LOT 3
BOAR SECTION H
2
CAB, M. SL. 530 I '
1
nn. L""sL
sr4•.)•zr• +. r
1sr6•orv•.. 7757. s
•
STA. 562.66.22 1
LT. 230.02'
" t• --
LOUIS HENNA 8170
5 60.00 1 - • OCR 1701
1626/1T O.R.W.C.T.
Width varies
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
SURVCON INN'
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. EXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390
EMAIL: austinesurv0On.com
SCALE: 1" : 100'
OATS: MAR 2000
DRAWN 8Y: TC
CHECKED 8Y: WJM
JOB 417-658
F.B. a: HWY 45
CAO FILE:
545PAR-80 -SHT -1
SHEET 1 OF 3
m
LOT 1
•
601.80wALK 2 SUO.
SEC. 3.
CA8.'54._ 5L• 5
LOT 2 '
500005ALK .2' SUB.
SEC. 3
CAB. M. SL. 5
W.LP.R.
•
T52V PE. N
;;W ` �
1N75• t'S1'E. tf53
Wntltr (A116,
54 1 T2
157 09.31 1. * ' I
ASA THOMAS
1 SURVEY, A-6Q9
1 •, r
•,
:I I .1
LOT 1
• AMENDING PLAT OF 1 ,
LOT 1
00AROwALK 2 SUB.
SECTION 1 f�
• AND 10T 3
BOA SECTLIQN2SUB• 5
CAB. M. SL. 2 138 0 .51
RECORDERS MEMORANDUM
All or parts of the text on this page war not
clearly legible for satisfactory recordation.
LOUIS NENNA BLVD
ICR 1101
1526/11 0.0.5.C.T.
Width Varies
PROPOSED R.O.W.
S.H.45
LOT 3 • LOT 4
00AR0NALK 2 SUB.
SEC. 3
OS6608ALK 2 5U8. A CAB. M. SL. 5
5 W.C.P.R.
'
08 BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.w.C.T.
EXISTING R.O.w.-
.H.45
PARCEL PLAT
OR PARCEL 80
OUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
C SURVOON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8262. FAX (5121 B99 -9390 C
EMAIL: au51inhSurvc0n.Com
SCALE: I" = 100'
DATE: MAR 2000
JOB 8: 417-658
F.O. u: H
Y 45
ORAWN BY: TC CAD FILE:
S45PAR- 80 -SHT -2
CHECKED BY: WJM SHEET 2 OF 3
FAD. C01104
GIN SPINDLE
LOT 1
AMENDING PLAT 0
514.48 2 I I.. 457.7,x'
1516.01 i4e7.er7
LOUIS HENNA BLVD
ICR 1701
1526/17 O.R.W.C.T.
Width 50r1ee
c g S.H.45
ASA THOMAS
SURVEY, A -609
BOARDWALK 2 5UB. 1
SECTION 1 1
6 90 LOT 3 • 1
BOA S E WALO 2 8 1
CAB: M. 5L. 138 1 OELL CONiTER N01.01NG5. L.P.
107.8845fACRES ITRACT N0. 11
!S Y. C. P.R. i OOC, 49633512
1 / KIO.R.W.C.T.
11 1 1
I
• 4 STA. 572.111.07 1 1
LT. 231.23 1 1 STA. vxw4.13
- PROPOSED:R.0.w. - Li. 772.12'
77• %rii � • �' /d55iii4. • 24 /7
Ni��i sl•E c• lae.s.•I
t e 7
" �- MB 80ARDWALK LIMITED - j
6.769 AC4 REMAINDER OF 1
CALLED AC. . i r
9234/54 - . 1
0.R.W.C.T. :r
EXIS111¢ R.O.Wr , NI
1
RECORDERS MEMORANDUM
All or paru of the text on this page was not
clearly kgibk for sariafacrory recordation.
�t,t ilr� K
rr4- 4rss'e
ILLIAMSON COUNTY FOR
ROADWAY PURPOSES
5.891 ACRES
00C. 49716130
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAM50N
GRANTOR :MB BOAROMALK LIM17E0
SURVcON INC.
PROFESSIONAL SURVEYORS
5316 HwY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390 e
EMAIL: Oustinesurvcon.com -
SCALE: 1 = 100
DATE: MAR 2000
08 a: 417 - 658
F.B. a: H 45
DRAWN BY: TC CAD FILE:
545PAR- 80 -SHT - 3
' SAWN
8Y: 83M, SHEET 3 OF 3
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01- 29- 200102:52 PM 2001006423
JACKIE $33.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
2001006422 10 r s
11 -GF #n JPB
I RETURN TO: HERITA E TITLE
98 SAN O
AUSTIN II , TEXAS BLVD.,
78 01E SPECIAL WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
THE AUSTIN COMMUNITY FOUNDATION FOR THE CAPITAL AREA ( "Grantor "),
for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and
valuable consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a Texas home rule
city ("Grantee "), whose mailing address is 221 E. Main St., Round Rock, Williamson County, Texas
78664 -5271, the receipt and sufficiency of which consideration is hereby acknowledged and
confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL
AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set
forth or referred to herein, an undivided 10.00% interest in the following described property:
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, governmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities "); (c) all riparian rights,
water rights, access rights or other rights of any kind or nature which affect the Property and which
96649.2/032200
(i)
KNOW ALL MEN BY THESE PRESENTS: THAT
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property ".
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
EXECUTED AND DELIVERED to be effective the 19th day of January, 2001.
THE STATE OF TEXAS
COUNTY OF TRAVIS §
This instrument was acknowledged before me this g9-- day of
2001, by ek.140er( . tstEfxflgC IN of The Austin Community Foun ation for e Capital
Area, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed,
on behalf of The Austin Community Foundation for the Capital Area.
(SEAL)
96699.2/032200
AMY F. ALLEN
Notary Publlo, State of Texas
My Conunleslon Explree
FEB. 9, 2001
THE AUSTIN COMMUNITY FOUNDATION
FOR THE CAPITAL AREA
2
By: �!c
Printed Name: Ries.-0-0 514.4
Title: 6 ° " us-
Date: + y 7_ , 2.
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
96649.2/032200 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest comer of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the Left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk -2. Subdivision, Section I and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot I, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417 .658 /Parcels/Finals/m &b's/PAR80 doc
EXHIBIT t4 Page Z o f fo Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2. a distance of 218.60 feet (218.64') to a i4inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 1/2-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast comer of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76°09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest corner
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
41 7- 658 /Parcels/Finals/m &b's/PAR80.doc
Jay Dean Canine
' Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11,2000
EXHIBIT 1T Page 3 of (o Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
411 - 658 /Parce Is/F ina Is/m &b's/PAR80.doc
NOTES:
LOT 2
REPLAT OF LOT 2
BOARDWALK 2 SUB.
SECTION 2
CAB. m. 51. 61
'TOMO BE 1.11. W /CAP
I *40
SEE DETAIL "A
LOT 1
806008 2 508.
SECTION 5
\' 6 'CAe. N. 511'170 /
M.C.P. R.
*410161' . •
•'
AK ] 011' \\ //'
195.91' � .' .
O2.60 / LOT 2 . '
iPi 'I � i Y S " 1 ' ,�ull1O. BOARDWALK 2 SUB. I.'.
lc.fss'S]•16'E1 {uAF ROr SEC 110.1.5
)96.65.1 CAB. EN. SL. 110 I
urliir. A.1{Kxl C. a.41 W. . _`
PROPOSED R.0.0.
1 STA. 556.67.14
LT. 2]5.10
F0UN0 T %DOT
BRASS DISK IN ENC.
BEARS N13.31'45'0. 0.52'
SEE 0ET•II . 0'
1 • COONOIx11 1510*0 80. 0(5 7 0 441 2 42 '00U54C0 40 AR
500000E USI NO AN AOJUSIIENT 6 1.00012. Ei0J
SuRKY le0-
• 108.40 T. BRASS 0155 IN CONCRETE
❑ • SET 14001 BRASS DISK IN CONCRETE
0 • SET IRON ROD 1/41001 ALUM. CAP
• • 00100 '•i 1110 ROI UNLESS OTNER3ISE NOTED
El • 0 01210 4' x 4' COIC0(40 MDNUMENI
O • CALCULATED POINT
C • PROPERTY LINE
A • BASEL INE
▪ • UTILITY PCLE
101ND ''�ECRS• r /CAP
N40 WV. 0.96'
A d611i1Vf1Yi1YF01 PEMAEUR :K 1A
T1TB011F1 01000
EASENENIS 0141 IN%O PERTAINING TO RAG1.
6E1010 INFlRNA1m4 S00 OT TNIS PLAT IS BASED 00 *C
OR
NTMAr10N. THE SMIK1 TRACT
OI RAs NOT ABSTRACTED THIS CT
3 1 01.81015 ACCOM•ANIED 5 A SEPARATE METES AND BONDS
4. THE BASELINE SHOWN NE0EON 15 PER A DESIGN 501E410,11C FILE
PROVIDED BY TURNER. 00.110 AND BRADEN. INC.
5. 0.14.6.C.1. INDICATES 6'TICIAL RECORDS OF WILLIAK01 COUNTY. TE
6. 0 CCIMICATES v1 *9-1.160.1 TauNTY PLAT ECO
4
DATE. ` 6 � /Z 000
OE N CANINE
1( P0OFE551 LANG SURYE YOR
iE %AS REGI SIRAlIOI ND. 4145
x1 PARCEL
DE1A11 'A'
0.1.5.
80
ASA THOMAS
SURVEY, A -809
PROPOSED *.0.01
1 x0!•3•51 C.
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C. T.
°
EXISTING R.O.W.
s.H.15 ST 4.40 27'1. 'Ui. 12
IS16.09')1'l. 461.14'1
K �•� LOU1 ENNA 8100
560100 �l 6/11 I CR 1701
152 0.9.0.0.1.
W;a9n vanes
BE ALAS H C
50355 .1]) I]1'15 '0. °
DETA II 'B- J
N.T.S.
COR DERSMEMORANDUM
A11 or parts of the text on d3ispage was not
clearly kgible for satisfactory recordation.
C1 c
CB
CO
PT
'I
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
ORANT0R:M8 BOARDWALK LIM1000
SURVC N INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390 ;
EMAIL: OMSTIMO5urvcOn.COm
SCALE.
ORAW BY: TC
E DATA
1.341.1)•
tI ; 1'
2 N79 4 53'101
.228.48'
510.16.31
561. 31. 00
10.00
10.14 1 .50.51
0.11!.696.]6
:LOT 1 3
1 6YENtl 1*0 PLAT OF 08
10 12 g x
1 804000610 ,5 t"
*Iv 10T 3
BOARDWALK 2 5518. -
.'I
SECTION 2
, 1 088.• M. SL. 138 L i
A
. E STA. 562 1
,'''u_
.1 _ 11 239.32'
i1 1"' _
n 96
1155. v
99'1
100'
OATE: MAR 2000
CHECKED BY: WJM
ACREAGE
SUMMARY
ISO.LT.I
aE
PRDPERR
500
ACOIIEG
REUAINDER
294.596
204.596
D
C)
n
z
m
(n
m
m
N
0
JOB AA: 417-658
F.B. a: HWY 45
CAD FILE:
545PAR- 80 -SHT -1
SHEET 1 OF 3
'n
LOY 1
BOARDWALK 2 : SUB.
SEC. 3 • -
748.'34. SL. 5
.
•
LOT 2
604700016 :2 SUB.
SEC. 3
CAB. M. SL. 5
C.P.R.
W72 •E. 156.01'
IN II55.59'1
555.00
ASA THOMAS
SURVEY. A -0019
is
• AMENDING PLAT OF ,
LOT 1
BOARDWALK 2 SUB.
SECTION 1 _r \�
AND LOT 3
• BOARDWALK 2 SUB.Y
SECTION 2
• CAB. M. SL. 135 a�T
LOT 1
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactoty rccordation.
a:1111 1 4ei. e4
LOUIS HENNA BLVD
ICR 1701
1526/17 D.R.W.C.T.
width Varies t 5.X•45
CURVE DATA
L x.ox'
Pi. 512.37.
PI. 561.20.00
.
K ].1]5.257.51
1 10.145.696.96
LOT 3 -
BOARDWALK 2 5UB.
S C. 3
EXISTING
MB BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
0.R.9.7.T.
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
CRANTDR:M0 BOARDWALK LIMITED
SCALE: 1" = 100
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
LOT 4
BOARDWALK 2 SUB.
SEC. 3
4 CAB. M. SL• 5
• C7
•
PROPOSED R.O.V. r
JOB
7s: 411 -658
F.8. R: H 45
CAO FILE:
545PAR- 80-SHT -2
SHEET 2 OF 3
m
N
m
m
W
O
G SURVOON ma
� ' PROFESSIONAL SURVEYORS
5376 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78101
TELEPHONE (512) 899 -8282. FAX (5121 899 -9390
EMAIL: austin0survc0n.com
-n
T
0 111 •LI
GIN SPINDLE
1 156.01•
N11 i'81'F
1 55.11'1
LOT 1
AI.(NOING PLAT OF I
LOT 1 • I
BOARDWALK 2 SUB. 1
SECTION 1 •
D LOT 3
80AR0WAL8 .
2908.
08 SECTION 2
CAB.' M. 5L. 138 1
" Y ' W.C.P.R.
J
i 510Ke.01 I
• 1, 851.x3
• PROPOSED:R.0.w.
Tat 'I
=6 :
MB 9OAC
.769 .' RE LIMITED OEC OF.
CAL L EDI R9.185 AC. 1.!
E
CAL E0 234/5 85
4234/54
D.R. w. c. r.
1
EXIST 19J RR.O.
I
s6•3i. ., 1417.12'
Is1 6.09'08 140et.44 .e4'1 '
LOUIS HENNA 8L20
(CR 1701
1528/11 O.R.W.C.T.
Width VOri4S
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
ASA THOMAS
SURVEY, A -809
DELL CONPUIER HOLDINGS. L.P.
107.8845 /ACRES (TRACT N0. II
DOC. =9633512
/ O.R.W.C.T.
.1. 1
e t STA. 512H4.13
51. 280.10'
...!w ea;
i. I
x ^ 1 WILLIAMSON COUNTY FOR
1 ROAOWAT PURPOSES
. 1 5.891 ACRES
" 1 00C. x9116130
:/ O.R.W.C.T
N
H
@ 5.H.45
TxT4'WT'S6'E
S.H.45
PARCEL PLAT
FOR PARCEL BO
COUNTY: 81.115M50N
GRANTOR:1AB BOARDWALK LIMITED
SURVCON IIJC.
PROFESSIONAL SURVEYORS
5316 Hwr. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390 5
EMAIL: custinesurvcon.com -
SCALE: 1- . 100'
OATS: MAR 2000
DRAWN BY: TC
CHECKED 8Y: 8JM
JOB A: 417 -658
F.B. R: HWr 45
CAD FILE:
545PAR- 80 —SHT -3
SHEET 3 OF 3
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Reslrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal - Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FIRED FNd RECORDED
OFFICIAL PUBLIC RECORDS
01 29- 200x02:52 PM 2001006422
JACKIE $33.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
i i.C.WI a JPB
1l , PETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
(i)
76249.15/032200
SPECIAL WARRANTY DEED
2001006427 10 peg
KNOW ALL MEN BY THESE PRESENTS: THAT
MARK DENYER, an individual residing in Washington County, Oklahoma ( "Grantor "), for
and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and
valuable consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a Texas home rule
city ( "Grantee "), whose mailing address is 221 E. Main St., Round Rock, Williamson County, Texas
78664 - 5271, the receipt and sufficiency of which consideration is hereby acknowledged and
confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL
AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set
forth or referred to herein, an undivided 0.44% interest in the following described property:
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, governmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities "); (c) all riparian rights,
water rights, access rights or other rights of any kind or nature which affect the Property and which
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
THE STATE OF OKLAHOMA §
COUNTY OF J ON §
EXECUTED AND DELIVERED to be effective he 19 day of January, 2001.
76249.15/032200
By:
Date:
n not
This instrument was acknowledged before me this p(p< day of
2001, by Mark Denyer, an individual residing in Washington County, Oklah
� �� � � Notary ��� 1�-Gli Public Signature
1„ 13 O � =1.
g lio I ' !
j ? 5� p
•
.
2
The undersigned spouse of Mark Denyer consents to and joins in the granting, selling, and
conveyance of the Property to the City of Round Rock, as Grantee.
THE STATE OF OKLAHOMA §
COUNTY OF WASIIINCTON §
This instrument was acknowledged before me this OC9 day of
2001, by Kerry Denyer, an individual residing in Washington County, Oklaho
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
76249.15/032200 3
Spouse of Mark Denser
4 /
KERRY
a.
` MI ACC-
Notary Public Signature
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 'A-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a ;cinch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a %-inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
I. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots I and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
5794'37" East, 395.91 feet (L=402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a' -inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79°12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417.658/Parcels/F inals/m &b's/PAR80.doc
EXHIBIT 4 Page 2. of (o Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 'cinch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572+84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 'cinch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest comer of said 5.891 acre tract and being the southeast comer of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 0 49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.841 to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 0 2812" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417- 658 /Parcels/Finals/m &b's/PARSO.doc
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 11, 2000
EXHIBIT (T Page 3 of Ip Pages
417- 658/Parcels/Fina ls/m &b's/PAR80.doc
SURVEY LEG
• • FOUND I. BRASS 015* IN CONCRETE
❑ • SET 33001 BRASS 0155 IN CONCRETE
Q SET './ IRON 000 •/7X001 Alum. CAP
• • FOUND '•' IRCA R00 UNLESS O1NER.ISE M3E0
® UN
• FOD 4 • A C3<RETE 6AWlU*E5T
LOT 2 a CALCULATED POINT
[ 6656(011 LINE 1 , ASA THOMAS
OF LOT 2
BOARDWALK 2 SUB. S. • BASELINE
SECTION 2
CAB. 14. SL. 61 1St • UTIL , /CU
�/i u jEAF
Lai-
BOARDWALK 2 SU8•
SECTION 5
l• 3 CAB. N. SL''1 /
W.C.P.K
qM 01. 61'
•
•
+636.30' •
•
•
\\ • •I..
. _ LOT 2' 1 ..
:4 BOARDWALK 2 SUB. 1 .
� VIIb
1 •. ty,,,„ SECT I x. 570 I.•
P00POSE0 R.O.W.
PROPOSED 0•01
11.402.40'1
� ec.3D'1
iE ss•15'S1'1
•555.5]'14'EI
194.15'1 U1,m Lu f..
•-- SEE DETAIL "5'
STA. 101.63.94
LT. 235.10'
504150 TOOT
60455 DISK IN C
6(405 573 ".. 0.52'
FOuN0 " �E US • •/CAP
040 0.96'
•
NOTES:
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PL
S 1 AN N A DJUSTI M ENT U FAC10 O R CE 11.0000001�JU5TE0 TO
T 3 TNIS IMEEAT ' ADA TITLE INSURANCE AND NAT NOT T 118C
[ A5EIENIS AM ION PERTAI5 3 . 3 3 IS CT.
I ( 103 * TION. T U0VE1 SNO.N a THIS P*AT 0 S BASED R aS TR
xi 011WTION. THE AS MI ABSTRACTED THIS TRACT.
1. UESG 5 11PT3ON. PLAT IS ACCOPANIEO 01 A SEPARATE 151(5 •NO 50.05
4. 133E BASELINE 5x059 NEREON 15 650 A 055155 5C *ENATIC FttE
600010(0 51 SURNER. 58113E AND BRAOEN. INC.
5. 0.0...0.5. 1x010.1(5 oFF1C1AL 01C0R05 OF •ILLIU6a (CUNIY. TEXAS
G...C.P.R. INDICATES RI ANSON CCUNT1 PLAT BECM / OS
DATE. /I /Z000
OE CANNE
05015 TE 0(51 6E551ONµ 3450 SURYEIOR
TEXAS E0151NAtION 330. 4345
OEN AII
. 1. S.A
80
SURVEY, A -609
- P.D.B.
PAacEI eD
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
aura
EXISTING R.O.W..\
(0330 10001 C
BRASS 0155 IN ONC.
6(405 533 0.53' JFj'
3EN "0-
.1. 5.
5.X.45 51A•A9'2i'.. 1461.73'
19)6 Al ).64'1
RECORDERS MEMORANDUM
All or parts oldie text on this page was not
clearly legible for satisfactory rccor4 .Ian*
_I
'p
:2 •
% C E DATA
•5
s eei.i 1
< 343.20.00
11 561.30.00
T 3.115.353.]1
10.1.9.696.]6
' LOT 3 •
• AMENDING PLAT OF:
LOT 1 •
• I BOARDWALK 2,510•
I SECTION 5 ,
AN0 102 3
00AR0WALK 2 5118.
, 1 CAS. 31.1 SL. 130
-1• •. 514. 562.56.22 1
.L Lr. 28.32'
Nii1 E _ _
1116.01
11 55.95',
ACREAGE
SUMMARY
1sD.F 0..1
605(036
aCW REA
IRfO
REMAINDER
394.596
294.505
_ LOUIS HENNA 2100
5 60400 - lam • 1c8 1701
526 /17 0.9.0.0.1.
widen var:.s
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
SIIRVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (5121 899 -9390
EMAIL: austin05urvcon.c0D
SCALE: 1" = 100'
GATE: MAR 2000
DRAWN 81: TC
CHECKED BY: WJM
JOB FJ: 417 -658
F.B. 0: HWY 45
CAD FILE:
545PAR- 80 -5U7 -1
SHEET 1 OF 3
m
LOY 1
BDAROW4LK 2 568.
066.14. 51.. 5
W.C.P.R.;
LOT 2 •
•
5048086162 . 5U8.
SEC. 3
CAB. M. SL. 5
W. L P. R.
•
1
INt9. 53'51 •E. 1 155.99'1
4tIt114 Ci11
574.45'ii•e. .72'
1574.09'34•.. 1457.!.'1
ASA THOXE.S
SURVEY, A -13C i
LOT 1
•
• AMENDING PLAT OF
LOT 1
BOARDWALK 2 SUB.
SECTION 1
AND LOT 3
BOAROYALK 2 SUB.
1 SECTION 2
CAB. M. 5L. 138
. .......... .
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
n aii � r
•5
LOIJI CREMNA 8120
1526/17 O.R.W.C.T.
Width Vane! % 5.14.45
565400
LOT 3
8DARDW 2 SUB.
5EC. 3
••.S1B.' '51: S
PROPOSED R.O.W.
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
EXISTING R.O.w.-\
5.8.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAM50N
686870R:MB BOARDWALK LIMITE0
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15127 899 - 8282. FAX 15121 899-9390
60611: oustin05Urvcof.0071 9
SCALE: 1" 100'
DATE: MAR 2000
BRAWN BY: TC
CHECKED BY: WJM
LOT 4
BOARDWALK 2 SUB.
SEC. 3
4 CAB. M. SL. 5
w.C.P.R.
JOB 0: 417 -658
F.B. a: HWY 45
CAD FILE:
545PAR- 80 - SHT - 2
SHEET 2 OF 3
D
C7
✓
z
N
m
N
0
m
.
FNa EOTTDN
01x 5v1NOLE
N 7. 7 4 1'E
++55.
•
LOUIS HENNA 800
ICR 1101
1526/1T O.R.W.C.T.
Width Varies
LOT 1
AMENDING PLAT OF 1
LOT 1 1
BOARDWALK 2 508. 1
SECTION 1
ANO LOT 3
BOARDWALK 2. 5UB.
56C710N 2
CAB. u. 5L. 138 1
a% .C.P.R. 1
I cl�u
) .
C 57A. 570.98.03 I
LT. 331.T3 1
PRDPOSED:R.O.W.
r .---Jli>'li %4:-E: ae.eo
1 Tte.i4'1
MB BOARDWALK LIMITED 1."
6.769 AC4 REMAINDER 07.
5.Y,„ CALLE01219.185 AC. :r.
: 5234/54 -
0. .W.C.T. ,TI ;
ExIST {NG - � R. O. if, , �
(Si6 w: 1453.ei'7 ' ' --!..
e 5.8.45
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactory recordation.
ASA THOMAS
SURVEY, A-609
DELL CO9PIl7ER HOLDINGS. L.P.
07.8845/ACRES ITRACT N0. 11
DOC. .9633512
' 1 57A. 572.44.85
LI. 770.74•
rwt,ittiat,
a f
I WILLIAMSON COUNTY FOR
▪ I ROADWAY PURPOSES
▪ 1 5.891 ACRES
.^ ! OOC. .9116130
:l
N ▪ /
71T4'41 56'E
5.4.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILl1AMSON
GRANTOR:1B SOAK/ITALIC L141TE0
49 SURVCON >NG
PROFESSIONAL SURVEYORS
5316 HwY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390
EMAIL: au5 inOsurvcan.c0Rt
SCALE: 1 . 100
GATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB A: 417 -658
F.B. u: HWY 45
CAD FILE:
545PAR- 80 -SHT - 3
SHEET 3 OF 3
9
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal - Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FRB AND RECORDED
OFFICIAL PUBLIC RECORDS
eth
01 29 2003"02:52 PM 2001006427
NANCY E.JRRISTER $33.00 TY CLERK
WILLIAMSON COUNTY, TEXAS
2001006432 11 F.
11 -GF# JPB
( 1(d RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS: THAT
COUNTY OF WILLIAMSON §
LAURA MILLS NAISER, an individual residing in Williamson County, Texas
( "Grantor "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and
other good and valuable consideration to Grantor in hand paid by the CITY OF ROUND ROCK,
a Texas home rule city ( "Grantee "), whose mailing address is 221 E. Main St., Round Rock,
Williamson County, Texas 78664 -5271, the receipt and sufficiency of which consideration is
hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations,
exceptions and other matters set forth or referred to herein, an undivided 541 interest in the
following described property: 1.0 %
(i)
That certain real property in Williamson County, Texas, which is
described on Exhibit "A" attached hereto and incorporated herein by
reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting
or pertaining to the Land or the Improvements, including, without
limitation, all of Grantor's right, title, and interest in and to all adjacent
streets, alleys, or rights -of -way, adjacent to or benefitting the Land (all of
the foregoing being referred to herein collectively as the
"Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property ".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same, or any part thereof, by, through, or under Grantor, but not
otherwise; provided, however that this conveyance is made by Grantor and accepted by Grantee
subject to: (a) all of the title exceptions revealed in or by the recorded documents and other
matters listed on Exhibit `B" attached hereto and incorporated herein by reference; (b) all
regulations, restrictions, laws, statutes, ordinances, obligations or other matters which affect the
Property and which are imposed by or exist by reason of any regulatory, governmental, or quasi -
governmental districts, entities, agencies, authorities or other bodies of any kind or nature
( "Governmental Authorities "); (c) all riparian rights, water rights, access rights or other rights of
any kind or nature which affect the Property and which are held by or relate to any
Governmental Authorities, the public generally or any persons or entities; and (d) all standby
fees, taxes and assessments by any taxing authority for the current and all subsequent years. Ad
valorem taxes with respect to the Property for the current year have been prorated as of the date
hereof. By acceptance of this deed, Grantee assumes and agrees to pay and indemnifies and
agrees to hold Grantor harmless from and against all ad valorem taxes relating to the Property,
for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me this day of January, 2001, by
LAURA MILLS NAISER, an individual residing in Williamson Coun Texas.
(SEAL)
EXECUTED AND DELIVERED to be effective the 19 day of January, 2001.
°\ KANDY NICHOLS
l Notary Public, State of Texas
My Commission Expires
te/ APRIL 6,2001
t
By
2
AURA MILLS- N'AISER
No
Signature
The undersigned spouse of Laura Mills Naiser consents to and joins in the granting,
selling, and conveyance of the Property to the City of Round Rock, as Grantee.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this day of January, 2001, by Matt
Naiser, an individual residing in Williamson County, Texas.
(SEAL)
" 4,, KANDY NICHOLS r
Notary Publk, State of Texas
MyCom astofExpan
•'+ a APRIL6,2001
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
Spouse of Laura Mills Naiser
3
No
alee
MA NAISER
Public
ignature
EXHIBIT "A"
[PROPERTY DESCRIPTION]
4
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
S
EXHIBIT
,A
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a '/cinch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417- 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT 4 Page Z of Co Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64) to a V, -inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a %= -inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56) to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest corner
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
4 17 - 658 /Parcels/F ina ls/m &b's/PARSO.doc
/ / / /Zoov
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
EXHIBIT Page of of (p Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
4 I 7-658/Parce Is/Finals/m &b's/PAR80.doc
•
I •
Du
LOT 2
• •
REPLAT OF LOT 2
604ROWALX 2 SOB. C
SECTION 2
CAB. SL. 61 •
W.C.P.R.
!roma ,�u I�S
: N407G'Sl�v.: 0.56'
SFF DETAIL "A
rri4.i51.
b.11
• \LI. 6535' /
i
uTl Ll lr wGR)
L.•o1.G1
R K66.I0
]•52'01'
09
5.11
1 1.402.60'1
IR X66.20' I
1,•55.56"1
IC 1314 O
uniIt usu.!
LOT' 1'
44 BOARDWAL0 2 SUB.
\ - SECTION 5
.S•' *•CAB. N. 011170 i
PROPOSED R.O.W.
!
STA. S511443 94
LT. 335,70'
FaS r 8 0
OR ASS 0153 jH CO o ,
BE 355 NI]•]i'41'r. ]]'
. - SEE DETAIL "5
Su5VEI LE0r
▪ • (CURD t. BRASS OISE IN CONCRETE
❑ SET 50005 BRASS DISK IN C04CRE3E
C) • SET 5O4 500 • /5X005 ALUM. CAP
• • pouNO '• IRtn 500 umLE55 0TNE54I5E NOTED
® • FOYNO 4 4• CCMCRE54 OSNUMENT
A CALCULATED POINT
PN0PE515 LINE
815EL156
ui1L117 PGE
"5'40 " ItEinS •
N10.16't)'W.
NOTES:
t. BEARINGS 00 COPi014OTES ARE BASED ON THE TEXAS STATE PLAN
SUPiCE A IM U5 r•EHT G (A C i O O R O F 11.0 0 001 �JUSTEO i0
iii ' :r P50ESSIOUL 03 wRVnaR
ICKAS 5C0151RlitON N0. 1]45
CAP
6 '
2. THIS S0SVEi S PERF0RIED WITHOUT IRE BERE315 0P •
T 00 COWIENT 3 00 TITLE INSLWANCE 0 NAT NOT I NCLODE
EASEIENTS AND 1101 PERTAINING 10 THIS TRACT.
ECORD IHFQ7*AIION SHOWN ON THIS PLAT S BASED 04 PUB. 10005001104. HE 50506301 HAS NOT BSr4ACTEO HIS TRACT
S 1 0000 A01E0 03 A SEPARATE IETES AR0 0GI0D5
0. P404106O 10001165 60.146 000£5500(0. N 311E
5. 0.5.0.0.1. INDICATES OFFICIAL RECORDS ce •ILL1A CC MTV. 2EX45
6. 5.0.9.0. 10010.125 WI 01400 COUNTY PLAT RECORDS 01 005E, /I /Z000
c THE
OEM I1I "A
.1.5.
80
ASA THOMAS
SURVEY, A-809
1RCEL '60
B0A55 0151 IN 0040. - 4 •1
BEA55 N33•Jl'4S'W. 0.53' r'
DE„ A)1 "B"
1.5.
LOT 2: 1 •:
051 l°l w.W61 BOARDWALK 2 SUB• 1.
EAgvin CAB SECT 105 5 370 1 '•
,• W.C.P.R. -- L
PROPOSED R. O.31
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
0•R.W.C.T.
EKI5TIN6
r ! S.H.45
560.00
ELE
'LOT 3 •
AWENDIRG PLAT 06
101 1
1 BOARDWALK 2.Si8
1 SECTION AH0 LOT •
3'
I BOARDWALK 2 SUB
'I SECTION 2.
CAB, N. SL. 138 l :
• ! 528. 562.58.22
Lt. 235.32'
114 EufI&25
11 56.01'
11 55.95 . 1
ACREAGE
SUMMARY
150.F1.1
PROPERTY
REA
4CW IR£0
RENA150(0
211.596
294.515
354 ll'25.8. 11415..63.64
ISii'09'31 . 1
LOUIS HENNA BLVD
- �'l�•— ICR 1701
1526/i1 O.S.W.C.T.
Width varteB
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
CRANT0R:148 BOARDWALK LIM)TEO
Z
m
In
2
m
m
0
m
W
0 sURVwN INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -0282. FAX 15121 899 -9390
EMAIL: austinOsurvaon.00m
SCAL 1" = 100'
GATE: MAR 2000
DRAWN BY: TC
CHECKED 8Y: WJM
JOB I 417 -658
F.B. a: HWY 45
CAD FILE:
545PAR- 80 -SHT -1
SHEET 1 OF 3
LOT
B0ARbwALK 2 SUB.
SEC. 3 -
CAB..54. SL 5
, LOT 2 •
60ARDWALK :2' 5U8.
SEC. 3
C68. M. SL. 5
ASA liO3LAS
- SURVEY. A -OG9
•
; I
1 N i 5. 57 .51'E. 155.55'1
ut AlT' [406,1
RECORDERS MEMORANDUM
All *rpm of the text on this page was not
dearly legtile for satisfactory recordation.
LOT I
AMENO LOT PLAT OF
1 - BOARDWALK 2 SUB.
SECTION 1
ANO LOT 3
BOAR 2 5118.
SECTION O6A16 2
r- CAB. M. 5L. 138
I ••
I
}y
•J'IT
V
PROPOSED R.0,8.
' / •
•
............. .
LOUIS HENNA BLVD
ICR 1701
1526/17 D.R.w-C.T.
width vorias s. H.45
•
565.00 A — i
LOT 3
•
BOARDWALK 2 5U8.
X18: 5 44_'SL: •5
MB BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
EXISTING R.O.w.-\
5.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
ORANTOR:AIB BOAROWALK LIMITED
SURVCON 1NO
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 699 -6282. FAX 15121 899 -9390
EMAIL: Oustinesurvco
SCALE: 1" 100'
GATE: MAR 2000
DRAWN 8Y: TC
CHECKED BY: WJM
LOT 4
BOARDWALK 2 Sue.
SEC. 3
CAB. M. SL. 5
W.C.P.R.
JOB 4: 417 -658
F.B. 8: HWY 45
CAD FILE:
SASPAR-80
2
•
FRO. COTTON
OIN SPINDLE
56.01'
Ni
J
LOT 1
AMENDING PLAT OF
LOT 1
BOARDWALK 2 SUS. 1
SECTION 1
AND LOT 3 1
BOA SECTION 2 5178. I
CAB, M. 5L. 138 1
• 0.C.P.R. 1
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
I
t. 5T.. 510.91.01 I
LT. 331.13' 1
PROPOSED:R.0.w.-\
ASA THOMAS
SURVEY, A-809
-r...---J e•a A3 E. x1.50
T !9.99'19'F: 11I.A9'1
_6
1
B "WX "' MB BOARDWALK LIMITED"
g" : 6.769 AC4 REMAINDER OF.
-T- o CALLED1219.185 AC. .
2234/54 2
• D.R.W.C.T.
EXIST ;NO R.0.4 1 ;Y
519.99'21'.. 14 18.ti' 1 g •
IsT6•o9'n'N. uet.i9.3 '
LOUIS HENNA BLVD
ICR 1101
1526/17 O.R.0.C.T. v,
Wiotn Vorles
DELL C0MRIITER HOLDINGS. L.P.
00.8845 /ACRES /TRACT N0. 11
00C. +9633512
O.R.0.C.T.
[ f I
5 I
1
' 1 SSA. 511.14.14
LT. 220.10'
.4
/
I
I WILLIAMSON COUNTY FOR
R0A0WA1 PURPOSES
/ 5.891 ACRES
/ 00C. x9016130
:/ O.R.t.C.T.
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
004870R:M8 BOARDWALK LIMITED
SURVOON INC.
PROFESSIONAL SURVEYORS
5316 mix. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (5121 899 -9390
EMAIL: oustinesurvcon.com
SCALE: 1' a 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB a: 417-658
F.B. a: HWY 45
CAO FILE:
S45PAR - 60 - 5 67 - 3
SHEET 3 OF 3
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose ofconstruction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, -which are not recorded in- the records. —""'
FLIED AND RECORDED
OFFICIAL PUBLIC RECORDS
01- 29- 200102:52 PM 2001006432
JACKIE $35.00
NANCY E. ,COUNTY
TEXAS
,.�r
11-GF# �1
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400 SPECIAL WARRANTY DEED
AUSTIN, TEXAS 78701
2001006433 11 F.(gs
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS: THAT
COUNTY OF WILLIAMSON §
LAURA MILLS NAISER and MATT NAISER, individuals residing in Williamson
County, Texas ("Grantor "), for and in consideration of the sum of TEN AND NO /100
DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the
CITY OF ROUND ROCK, a Texas home rule city ( "Grantee "), whose mailing address is 221 E.
Main St., Round Rock, Williamson County, Texas 78664 -5271, the receipt and sufficiency of
which consideration is hereby acknowledged and confessed, has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee,
subject to all of the reservations, exceptions and other matters set forth or referred to herein, an
undivided 5.996 inters in the following described property:
lark
(i) That certain real property in Williamson County, Texas, which is
described on Exhibit "A" attached hereto and incorporated herein by
reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting
or pertaining to the Land or the Improvements, including, without
limitation, all of Grantor's right, title, and interest in and to all adjacent
streets, alleys, or rights -of -way, adjacent to or benefitting the Land (all of
the foregoing being referred to herein collectively as the
"Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same, or any part thereof, by, through, or under Grantor, but not
otherwise; provided, however that this conveyance is made by Grantor and accepted by Grantee
subject to: (a) all of the title exceptions revealed in or by the recorded documents and other
matters listed on Exhibit `B" attached hereto and incorporated herein by reference; (b) all
regulations, restrictions, laws, statutes, ordinances, obligations or other matters which affect the
Property and which are imposed by or exist by reason of any regulatory, governmental, or quasi -
governmental districts, entities, agencies, authorities or other bodies of any kind or nature
( "Governmental Authorities "); (c) all riparian rights, water rights, access rights or other rights of
any kind or nature which affect the Property and which are held by or relate to any
Governmental Authorities, the public generally or any persons or entities; and (d) all standby
fees, taxes and assessments by any taxing authority for the current and all subsequent years. Ad
valorem taxes with respect to the Property for the current year have been prorated as of the date
hereof. By acceptance of this deed, Grantee assumes and agrees to pay and indemnifies and
agrees to hold Grantor harmless from and against all ad valorem taxes relating to the Property,
for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
EXECUTED AND DELIVERED to be effective the 19 day of January, 2001.
By
By: /,
MATT NAISER
2
THE STATE OF TEXAS
COUNTY OF TRAVIS §
This instrument was acknowledged before me this day of January, 2001, by
LAURA MILLS NAISER, an individual residing in Williamson Coun y Texas.
KANDY NICHOLS h � �� —411P
(SEAL) • ®� NOU c State ne No Public
APRIL 6, 2001
THE STATE OF TEXAS
COUNTY OF TRAVIS
(SEAL)
is -11. \ KANDY NICHOLS
Notary Public, State of Texas
My Commission Expires
APRIL 6, 2001
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
3
gnature
This instrument was acknowledged before me this da of January, 2001, by
MATT NAISER, an individual residing in Williamson County, Texas.
EXHIBIT "A"
[PROPERTY DESCRIPTION]
4
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSI:
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a '/s -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of - way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a %: - inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a' /cinch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot I, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
4l7- 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT 4 Page 2 of Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a %: -inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast comer of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a ',cinch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest comer of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417- 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT fT Page of of (o Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
4 17 - 658 /Parce Is/Fin a Is/m &b's/PAR80.doc
SO
7140
LOT 2
REPLAT OF LOT ?
BOARDWALK 2 SUB.
SECTION 2
CAB. N. 5L. 61
/
•
107 1
BOARDWALK 2 SUB.
SECTION 3
S' +'CAB. N. SL:-'170 /
N.C.P. K..
.7.001.11'
A.33.72
0451.10' 71 •E
195.91'
IA •005..0'1
.336.30' 1
s•36•sr.
IC ]ff. I UEI LI T tA4.G1
PROPOSED R.0.0.
..— 5E0 DETAIL '0'
F6
tt CINI E
1(805 008l57707140 Wµ 345 SURVCTOR
•
0
•
A
4 STA. 558•63.94
LT. 835.30'
FOUND 70007
BRASS 0158 IN CONC.
BEARS 433•37 "W. 0.52'
suRVET LEO
• FOJN0 I. BRASS 015E IN CONCRETE
• SET *0007 BRASS DISK IN CONCRETE
• 5E1 IRON 300 W /31007 ALON. CAP
• FQ100 " 1803 ROD u31LESS 010533ISE OGIED
• FOUND 0" a 0• CO4(3E0E IIOIUOENT
• C4CULA1E0 POINT
• PN0PER7T LINE
• BASELINE
• UIILITT POLE
FWNO •' �E 4 0 /CAP
540 "6'15 0.96'
•
NOTES:
I. BEARINGS 40 COORDINATES ARE BASED ON THE TEXAS STATE PL
S URF8CEAUSI3i0 u *OJUiri[Iirc(*01D 00 11.000032'OSrEO r0
Z. IVES THEE1 ITLEo;0uRP0C3DD�3RA 07 . BENEFIT 3001
EASE rlM O IEON 7CASWrION T ERTAININC 10 iNl C A CT.
0
I ECORT IK. NHOWN HAS NOT TN IO P ABS T aN 33
IE pIW 110.0. NNE SINVEYOR N ABSTRACTED THIS CE
3. 0(51. 15 31 PL771AT 00. O I5 ACCPANIEO BT A SEPARATE 1E7ES AND BONO5
0. t7E BASELINE SHOWN HEREON IS PER • DESIGN 5CHE0ATIC FILE
PROVIDED BT TURNER. COLLIE A00 BRADEN. INC.
5. 4.3.0.0.1. 1071001(5 F{FICIAL 3ECO00s OF 3ILLIANf0I 00 351. TEXAS
f. w.C.PP R. INDICATES m_ISLJA PLAT 0(000.75
OATEI4 //Z 000
"14 ',`.5"."
80
ASA THOMAS
SURVEY, A-809
PA0CEI 50
r. •
FD1a TXOOT �R x/4:1?;.,?"..
BRASS P3'7'45". ca.
BEARS ' T ". .52
DEM AIL •8'
.I. S.
'I.
•
LOT 2 I.
Y11 �`• . BOARDWALK 2 SUB. I.
CAafSN` GT
CAB 5�IDSL 51 I•:
H
PROPOSED R.O.W1
4 5.11.65
N 7.50'44.4.
1 Nl9.12'SI•E.
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
EXISTING 0.0.3.
t.
•
Q C E OATA
A
A
C8
co
PC
P1
PI
].x01.40•
0fx7 I'
19.5]10
i.x3e.l' e•
509.06.31
510.37.14
561.20.00
5.135.253.51
10.145.656.56
ACREAGE
SUMMARY
ISO.FT•I
WHOLE
PPCPERR
AREA
*MIRED
RENAINOER
254.596
254.55S
0
:LOT 3
64ENO165 PLAT OF:
:I
'10T 1 •
• 1 BOARDWALK 2 2
AND LOT LOT 3
1 BOARORALK 2 5178.
.'1 SECTION 2.
I CAB.• M. 5L. 133
1' • • 4 STA. S12.56.22 1
L1. 279.72'
1
IISS.95
' x - L0015 HENNA BLVD
560.00 1 • —._•- NCR 1701
1526/17 O.R.w.C.T.
•10M VOr,03
S.H. 45
PARCEL PLAT
FOR PARCEL BO
COUNTY: MILLIAMSON
GRANTOR:A® BOARDWALK LIMITED
SIIRvO N INC.
PROFESSIONAL SURVEYORS
5306 HWY. 290 WEST. SUITE 480
AUSTIN. EXAS 78700
TELEPHONE (5121 899 -8282. FAX 15121 899 -9390
EMAIL: oust lnesurvcon.com
SCALE: 1" = 100'
GATE: MAR 2000
DRAWN 8Y: TC
CHECKED 8Y: WJM
J08 en 407 -658
F.B. u: HMT 45
CAD FILE:
S45PAR- 80-SHT -1
SHEET 1 OF 3
TI
LOT 1
BOARDWALK 2 : SUB.
SEC. 3 • •
CABS 1K. SL. 5
C•P.R.;
LOT 2 •
90AROWALK .2 SUB.
SEC. 3
CAB. M. 5l. 5
0.0. P.R.
ASA THOMAS
•-1 SURVEY, A -OGO1
1', I:
• 1 't
i
[.: I.
1 H
•
Nii•52'44.6, 152.01
INr5. 12.51'2. 1155.)5'1
lt.52'
tsT2.09'31 •W. 14eT.e4'1
LOT 1
AMENDING PLAT Of
LOT 1
BOARDWALK 2 SUB.
SECTION 1 . t\ `
ANO LOT 3
BDARDWALK 2 508. 2Y
SECTION 2
'. CAB. u. SL. 170 id
RECORDERS MEMORANDUM
All or putt of the text on this page was not
clearly legible for satisfactory recordation.
LOUIS HENNA BLVD
(CR 1701
1526/17 O.R.W.C•T.
Wictrt Vor,es %5.X.45
565.000 — 1- _ ....... r . ._. �.
LOT 3 LOT 4
• BOAR010ALK 2 SUB.
SEC. 3
•
80AROWALK 2 SUB. Y CAB. 8. 5L. 5
SEC. 3
X88. M.
PROPOSED 0.0.2.
88 BOARDWALK LIMITED
6.769 AC, REMAINDER OF
CALLED 219.185 AC.
2.234/54
O.R.w.C.T.
EXISTING R.O.W.
5.X.45
PARCEL PLAT
OR PARCEL 80
COUNTY: WILLIA950N
GRANTOR:MB BOARDWALK LIMITED
SIIRVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 005T. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899-8282. FAX 15121 899 -9390
EMAIL: oustinasurvc0n.com
SCALE: 1' 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB
a: 417 -658
F.B. A: HWY 45
CAD FILE:
SHEET 2 -2
L44
0111. COITOM
CIH SIIWLE
LOT
AMENOINO PLAT 0
107 1
BOARDWALK 2 SU
SECTION 1
AND LOT 3
BOMR SE E CTION 506.
2
.p CAB: M. 5L. 138 I
V • W.C.P.R.
(SIS 04 11. 1413 (4
LOUIS HENNA BLVD
ICR 1701
1526/17 O.R.0.C.T.
WIOTM VOri911
•
@ 5.8.45
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
ASA THOMAS
SURVEY, A-809
DELL COWRJTER HOLDINGS. L.P.
107.8845/ACRES (TRACT N0. 11
BX I DOC. /9633512
O.R.W.C.T.
21.4...37
STA. 510.18.01 1
L7. 231.23 1
PROPOSED:11.0.w.
x7 5 .0 1'E'
;' 9SG = 0 51'E
55.11' 1 :! I _
1
MB BOARDWALK LIMITED -
6.769 AC4 REMAINDER OF.
CALLED1219.185 AC. .
21234/54
a °? o.A. w. c. T.
ExIST Nc W Z I I
-
�IN11 i1 li 'E:I ZII.i4.1
N
1 t STA. 511.44.10
1.1. 210.10
21 ni[4r
1
I MI LL I4Y5ON UNY F
,; / R OAOrAY PURCOPO T OR
I 5.891 ACRES
1
DOC. 19716130
:1 O.R.W.C.T.
1174•+17' S6 "E
S. H. 45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
419 SURVOON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 - 8282. FAX (5121 899 - 9390
EMAIL: oustinBsurvcon.com
JOB tt: 417 - 656
F.B. 1: HWY 45
SCALE: 1" 100'
GATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
CAD FILE:
545PAR- 80-SHT - 3
SHEET 3 OF 3
5
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED WD RECORDED
OFFICIAL PUBLIC RECORDS
01 29- 200102:52 PM 2001006433
NANCY E.JRISTE 835.00 CLERK
WILLIAMSON COUNTY, TEXAS
_
11 -GF# 116 JPB
I l tp RETURN TO: HERITAGE TITLE
/98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
(i)
SPECIAL WARRANTY DEED
2001006431 10 Fes
§ KNOW ALL MEN BY THESE PRESENTS: THAT
R. MICHAEL SWAYZEE AS SUCCESSOR TRUSTEE OF THE LYNETTE MILLS 1992
TRUST ("Grantor"), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and
other good and valuable consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a Texas
home rule city ( "Grantee "), whose mailing address is 221 E. Main St., Round Rock, Williamson County,
Texas 78664 -5271, the receipt and sufficiency of which consideration is hereby acknowledged and
confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND
CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set forth or
referred to herein, an undivided 2.0% interest in the following described property:
That certain real property in Williamson County, Texas, which is described on
Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all of
Grantor's right, title, and interest in and to all adjacent streets, alleys, or rights -of-
way, adjacent to or benefitting the Land (all of the foregoing being referred to
herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to herein
as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns, forever;
and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind itself and its
successors to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee,
Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the
same, or any part thereof, by, through, or under Grantor, but not otherwise; provided, however that this
conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the title exceptions revealed
in or by the recorded documents and other matters listed on Exhibit "B" attached hereto and incorporated
herein by reference; (b) all regulations, restrictions, laws, statutes, ordinances, obligations or other matters
which affect the Property and which are imposed by or exist by reason of any regulatory, govemmental,
or quasi - governmental districts, entities, agencies, authorities or other bodies of any kind or nature
( "Governmental Authorities "); (c) all ripanan rights, water rights, access rights or other rights of any kind
or nature which affect the Property and which are held by or relate to any Governmental Authorities, the
public generally or any persons or entities; and (d) all standby fees, taxes and assessments by any taxing
authority for the current and all subsequent years. Ad valorem taxes with respect to the Property for the
current year have been prorated as of the date hereof. By acceptance of this deed, Grantee assumes and
agrees to pay and indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes
relating to the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED AND
HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED THIS
SPECIAL WARRANTY DEED AND HAS PURCHASED THE PROPERTY "AS IS ", "WHERE
IS ", AND "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
EXECUTED AND DELIVERED to be effective the 19 day of January, 2001.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this /5 day of January, 2001, by R. MICHAEL
SWAYZE, AS SUCCESSOR TRUSTEE OF LYNETTE MILLS 1992 TRUST.
(SE
MARILYN VINSON
Notary whet Weal=
My Common 6ihes 0921.2002
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
By:
2
R. MICHAEL S t' E,
AS SUCCESSOR TRUSTEE OF
LYNETTE MILLS 1992 TRUST
Notary Public Signature
EXHIBIT "A"
[PROPERTY DESCRIPTION]
3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a %z -inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest corner of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22);
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots I and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 4-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417- 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT Mt Page 2. of (o Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 'Ys -inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract 1
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest comer of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast comer of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 1/2-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest corner
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417- 658 /Parcels/Finals/m &b's/PAR80.doc
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
��. 4J / / /Zaov
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON 1NC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 11,2000
EXHIBIT Pr Page 3 of (' Pages
4I7- 658 /Parcels/F inals/m &b's/PAR80.doe
01.2
O
SUR445 LEG•
▪ • R9IND 1. BRASS DISK IN CONCRETE
❑ • SET TY00T BRASS DISK IN CONCRETE
o • SET IRON ROO . /56001 ALUU. CAP
• • FOWL '•t IRO. ROD UNLESS 45NER.ISE 001E0
. *0000 4' . 1' CCMCPETE WNUAENS
a CALCULATED POINT
TE • PROPERTY LINE
REPLAT OF 10T 2
BASELINE
UTILITY PPE
LOT 2
BOARDWALK 2 SUB. & .
SECTION 2
CAB. M. 5L. 61 •
W.C.P.R.
1 RU.wJ I.R.: /cA•
;4 r.
�•]G'13 O. SG'
SEE DETAIL 'A
pp ee.P4WCE BD •
.T1H.652.3L /
- : *1690 /
05.65'/
/� u41 Li1r�jl�
1.101. it'
]]•]2'01'
4451 ] I'E
195.!1'
11.402.60
:::1P71
I
13•06'Sf'I
l
304.05'] emnS L.a.r
TEE DETAIL
14]X100 '' 5 0.. /cu•
440•26'11'.. 0.96'
LOT 1
BOARDWALK 2 SUB.
SECTION 5
N. SL:.'170
PROPOSED R.O.W.
G MD 11005
014459 OISF COX.
BEAPT N])•]i'i!'.. 0.53'
NOTES:
I. BEARINGS ANO CDO.DI0ASES ARE BASED O1 THE TEXAS STATE PC
SURFACE U USING ADJUSTME 011.00012 JUSTED i0
2. r01S 504441 HAS P(05440 E0 WITHOUT THE BENEFIT OF
COair6EN5 FOR TITLE SURANCE AND *40 NOT INCLUDE R
EASE:ENIS AND IN50R4AT504 PERTAINING 1D THIS 445.
RECORC INFO9W 500.0 ON 15 LAT 15 BASSO 04 pBtl•
14 00*054CN. 5 0E 5U040504 A5 11 005 P ABSSRACTED 1415 C5.
1 OESCR IPr0p45 ACCOPANIED BY A SEPARATE HETES AND SOUNDS
3. P3000060 "40.146I*49E00i0[EN.I C SCNEWASIC RICE
5. o.9...C.t. INDICATES OFFICIAL RECERDS Di .111160004 COUNT5. TEXAS
6. 4.0.0.0. INDICATES 01 ANSON COUNTY PLAT RECORDS
DRTE.4 /IIZ000
0(0105CRE0 PROFE5040.et 000 1 WNEYGR
SC Y65 REGISIRAS 104 4q. 6115
� Il �/ vATCEi EO
ASA THOMAS
SURVEY, A-809
!!
1.
BRASS uisK - -- .0 0.
BEARS Nl )•11'13'.. 0.32' /Ej �'!�
t i
DET AIL -B'
.T. S.
0(5441
.1.5.
LOT 2•
b . r BOARDWALK 2 5UB• 1 ::
un r IAStE{A9 SECTIONS ••
CAB. .N. $L. 110
PROPOSED R.0.81
80
N 15 54'41E.
l i9.12'S1'E.
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C. T.
EXISTING R.O.W.
C E DATA
0
C B
O
Pi
2.241.4)'
12.42} 1'
10 if'
5]'1
2.238.:11 .
064.]1:55
35.00
1 .14..59..1
0.119.696.16
ACREAGE
SUMMARY
ISO.F5.1
PEA
ACOUIREO
RE4A1
294.596
294.595
.LOT 3 -
r AMENO0NG PLA5 OF'
'LOT
• I BOARDWALK 2.50
AND LOT 3
1 BOARDWALK 2 SUB
• '1 SECTION 2: L
1 CAB.. N. SL. 038 l
6 ssA. 062456.22 4
.L. _ 15. 239.32'
1
11 55.99'1
R 5.0.45 5]1.49'2}':. 14 1.12'
lSrf'09'31'W. 111.01'1
� -�� - - ..
S6to,3 -- - - -1--•- --
LOUIS 1C0.ENio BLYO
1526/17 O.R. W. C. T.
Width var..
0.8.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
CRANTOR:MB BOARDWALK LIMITED
-A
E7
z
m
2
m
m
N
CD
m
W
O SURVCON INC
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899-8282. FAX (512) 899 -9390
EMAIL: Oustinesurvcon.com
SCALE: 1" = 100'
DATE) MAR 2000
DRAWN 8Y: TC
CHECKED BY: WJM
JOB a: 417 -658
F.B. a: HWY 45
CAD FILE:
545PAR- 80-SHT -1
SHEET 1 OF 3
T
LOT 1
BOARDWALK 2
SEC. 3-
C88. 'M• 51:. 5 .
LOT 2
: BOARDWALK :2' 5U8.
SEC. 3
CAB. u. 5L. 5
8.0 P.R.
ASA THOMAS
- SURVEY, A -1303
. I 'r
1
L
7671 2.51•€. 1155.99'1
vnul iuu.T
57.•.9 1.�7.i2'
1576 •W. l4 T.A9'1
RECORDERS MEMORANDUM
AU or patu of the text on this page was not
clearly legible for satisfactory recordation.
LOT 1
AMENDING PLAT OF -1 " . ....;
- LOT 1
BOA SECTION SUB.
1
0 LOT 3
BOARDWALK 2 SUB. /1t
' SECTION 2
r •'. CAB. 0. SL. 138 a�!
•
sr.S
PROPOSED R.O.W.
LOUIS HENNA BLVD
ICR 1701
1526/17 O.R.w.C.T.
Wi8tn Varies S•N.45
565.00
LOT 3
BOARDWALK 2 SUB.
SEC. 3
CAB. J. SL. '5
MB BOARDWALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
0.8.8.6.T.
EXISTING R.O.W.-\
5.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
ORANTOR:MB BOARDWALK LIMITED
SIIRVOON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAx (512) 899 -9390
EMAIL: oustinesurvc0n.c
SCALE: 1" 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
LOT 4
BOARDWALK 2 SUB.
SEC. 3
CAB. M. 5L. 5
w.C.P.R.
JOB
0: 41T-65B
F.B. A: HwY 45
CAD FILE:
545PAR- 80-5HT -2
SHEET 2 OF 3
D
n
1
Z
In
N
•
r n
m
N
010. 807108
81x SPIICLE
x71.27 u•E•
se.m•
x
RECORDERS MEMORANDUM
All or parts of the teat on this pace was not
clearly legible for satisfactory recordation.
ASA THOMAS
SURVEY, A -809
LOT +
AMENDING PLAT OF I
LOT 1 I
804009ALK 2 508.. I
SECTION I
AND LOT 3
3. 804008418 2.5118.
8 CABS 108 . 2 138
Sa% W.C.P.R.
e
I o.4..
- STA. ST048.07 1
LT. 281.22' 7
PROPOSEO1R.0.•.
J rzs
r r n•a• i •c:lii
g " 1
MB BOARDWALK LIMITED
;. 6.769 AC4 REMAINDER OF.
-v. :4 CALLED /219.185 AC. .
txt 0234/54
v i! O.R.w.C. T.
EIIST N9JR.0.9r1. 5 I
r �
si rA9'2r'w.. 72'
(sii'09'21 0411. .p'1
LOUIS HENNA BLVD
ICR 1701
1526/17 O.R.W.C.7.
Width VOria5
S.H.AS
1.74":4r5VE
•
9r
�7
.4
OELL COMPUTER 00101805. L.P.
87.8545/ACRES ITRACT N0. II
0.R C T 12
=L;
4 STA. 572444.13
LT. 220.+0
" I
1
r WILLIAMSON COUNTY FOR
7 ROADWAY PURPOSES
7 5.891 ACRES
7 00C. 09716130
0.8.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAM50N
GRANTOR:L18 BOARDWALK LIMITED
e SURVoN INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
455TIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX 15121 899 -9390
EMAIL: eustinesurvcon.com
SCALE: 1' a 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB a: 417 -658
F.B. a: HWY 45
CAD FILE:
S45PAR- 80 -5HT - 3
SHEET 3 OF 3
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01 29- 200f02:52 PM 2001006431
JACKIE $33.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11 -GF# c 1.16 4JPB
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
(i)
96639.3/032200
SPECIAL WARRANTY DEED
2001006424 10 yes
KNOW ALL MEN BY THESE PRESENTS: THAT
J. VAUGHN BROCK, as trustee for the KELSEY FAMILY TRUST ( "Grantor "), for and
in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable
consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a Texas home rule city
( "Grantee"), whose mailing address is 221 E. Main St., Round Rock, Williamson County, Texas
78664 -5271, the receipt and sufficiency of which consideration is hereby acknowledged and
confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL
AND CONVEY, unto Grantee, subject to all of the reservations, exceptions and other matters set
forth or referred to herein, an undivided 2.50% interest in the following described property:
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, governmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities "); (c) all riparian rights,
water rights, access rights or other rights of any kind or nature which affect the Property and which
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
(SEAL)
96639.3/032200
EXECUTED AND DELIVERED to be effective the 19th day of January, 2001.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this Z41-1. day of Aiit,lnrt ,
2001, by J. Vaughn Brock, as Trustee for Kelsey Family Trust.
4i''' ELIZABETH FALTO - MANNION
MY COMMISSION EXPIRES
May 6, 2001
J. VAUGHN BROCK, as Trustee for the
KELSEY FAMILY TRUST
By:
Printed Nam
Title: 1 '
Date:
2
otary Public Signature
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
96639.3/032200 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
8
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a %: -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet Left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a %: -inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a 1/2-inch iron rod found
for the northwest corner of said Lot 2 bears North I6 °41'14" West (N 15 °1920" W), a distance of
289.48 feet (289.22');
THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33°32'01", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta =33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a Y, -inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79°12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk -2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot I, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417- 658/Parcets/Finals/m &b's/PAR8O doc
EXHIBIT 4 Page 2 of (9 Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision. Section 2, a distance of 218.60 feet (218.64') to a :cinch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest comer of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a % -inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast comer of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76°09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417 .658 /Parcels/Finals/m &b's/PAR80 doc
EXHIBIT Pr Page of of (P Pages
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Ine.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282 '
April 11,2000
417 - 658 /Parcels/Fina I s/m &b's/PAR80.doc
0 U
c40
NOT ES:
\ ti'
\•
LOT 2
REPLAY OF L01 2
BOARDWALK 2 SUB.
SECTION 2
CAB. M. SL. 61
W.C.P.R.
'FOUND ''IA. A/CAP
•26•uA.: ons'
SEE DETAIL •A
RfE eo_�
S 150.1...21
.F %L1. i .* .1
\LI. es.6s•/
•
mL ",. u c.r
LOr
BOARDWALK 2 SUB.
, t • x.CAB SEC TI SL 'i 70
L.01 61'
.6116.212
191.91'
02.60
1x.366.60
I1.5]•S6'Se "r
IC •555 ]' 16 . 40
)16.65'1 U+Iiit C
PROPOSED R.O.
SEE DETAIL "6"
Ds.
LOT 3
AMENO5NC T P OH'
LO 1
1 BOARDWALK 2.546.
AND L01 3
BOARDWALK 2 SUB.
SECTION 2:
I CAB.. M. , 1 t38
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
ACREAGE
SUMMARY
:50.7*.1
P *D OL ER1Y
ACQUIRED
REW INDER
29..596
21..596
5 A. 562.16.2
L - ,. _ LT. 2]4.]1' I
u11111 , 11116T
S.N.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: wILLIAM50N
GRANTOR:MB BOARDWALK LIMITED
s1.•.9•zi•.. uu.5r
1s+6•or 51 •.. 1.n.e.•r
LOUIS HENNA 6100
— 1�• —•_._ 1 CR 170
1526/17 O. R.W.C.T.
VIVO Vales
v- SQRVCON INC.
PROFESSIONAL SURVEYORS
S316 Hwr. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -6282. FAX 15121 899-9390
EMAIL: 0ustinesurvcon.com
JO8 a: 417 -658
F.B. a: HWY 45
CAD FILE:
545PAR- 80 -SHT -1
SHEET 1 OF 3
SURVES LED•
▪ F00N0 T. BRASS 015* IN CONCRETE
❑ • SET 10005 BRASS 0158 IN CONCRETE
O • SET inc.. R00 Y/T5001 ALU CAP
• • FOUND '•r IRON ROO uNLES5 02NER•ISE 005E0
® • FOUno A • .• 00004(TE 004,1£05
A • CALCULATED POINT
t • PROPERTY LIRE
t t • BASELINE
• ,AMITY POLE
!
STA. 580.62.94
Li. 275.50'
F WND '•k . /CAP
6•
LOORUIni1 15 R N DI Nb E 85, 0(055*,, 2001 Ax0 TO
SURFACE U5000 AN *0,01106x* FA6501 OF 1.00012.
2. 1x15 SURVEY 805 PERF*RIE0 .ITNWT ENE BENEFIT OF
*0u11TIENT *01 51TLE INSURANCE ARO MAY 005 INCLUDE
EASEMENTS AND INF0IWAEION PERTAINING 10 INI5 TRACT.
RECORD INFORMATION SNO.N 05 11115 PLAT IS BASSO 01 PUBLI
INFORMATION. ENE SURVEYOR N*S NO5 *8STRACTEO EN15 TRACT
1. UESC4P*T01.5 ACCO2ANIE0 0Y • SEPARATE IETE5 A1.D 00 *05
A PRON a1 5YW 15 2CBR*OEniIC SCNE W510 FILE
5. 0.5.0.0.5. INDICATES OFFICIAL RECORDS DF NILLIAM500 COIM15. 246•
6. .0.1.R. INDICATES •I M60* COUNTY PLAT 5(000DS
`--" DAT0. // /Z000
.M5 OE [1140x4
50015TCREO PROFESSIONAL 18x0 SURVEYOR •
[315 5(01510(5100 54. 8)05
IEGGKARSJAPMORW
▪ A 60
OE1 A1l "A
.t.5.
aRASS oii iN '
eElRS nn•v
OE
LOT 2.
* BOARDSEWALK CTION. 2 5 556.
. \ C08. 21. SG. 470
Farm r *DOT -§ fj Q
BRASS DISK IM .
BE WS x1]']1'45'.. 52'
PROPOSED R.0.00
M8 BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
EXISTING
S.H. As
560
WO
DUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
% L E DATA
L 2.241.87'
R 12. 029 01'
D 0. 10 29"
CB 9.5)•10.6
CD 5.9 ) N N I
PPT
VI rz•n.+.
ASA THOMAS
SURVEY, A-809
LOT 1
BOARDWALK 2
SEC. 3
CAB.' 11. 5L'. 5
LOT 2
BOARDWALK 2'SUB.
SEC. 3
CAB. M. SL. 5
w.C.P.R.
x •[. s9 a
(x 9•li'sl'E. 1155.99
YINIIr (un4xr
519.41'27 1. :AS7.72
)S71 81'31'2. 14!7.44'1
RECORDERS MEMORANDUM
All or parts of die teat on this page was not
cleazly legible for satisfactory recordation.
ASA THOMAS
1 SURVEY, A -8c91
LOT 1
AMENDING PLAT OF 1
BOARDWALK 2 SUB.
SECTION 1
NO LOT 3
BOARDWALK SECTION 2 2 SUB.
CA8• M. SL. 138
LOUIS HENNA BLVD
(CR 170)
1526/17 O.R.W.C.T.
wiOtn Varies
1Y
•0
}
565.00
PROP05E0 8.0.0.-'
-$_E
L i = MB BOARDWALK LIMITED
..]!4 6.769 AC: REMAINDER OF
E . CALLED 219.185 AC.
giwc 2234/54
e5x1' I O.R.W. C. T.
I
EXISTING R.O. w. l
S•H.45
LOT 3 LOT 4
BOARDWALK 2 SUB.
• SEC. 3
BOARDWALK 2 SUB. / CA8. M. 5L. 5
SEC. 3 w.C.P.R.
• •$A8._ a. SL; '5 .
5.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAIASON
GRANTOR:1AB 00ARDwALK LIMITED
19 SURVOON INQ
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701 •
TELEPHONE (5)21 899 -8282. FA% 15121 899 -9390
EMAIL: oustinOsurvcon.0
SCALE:
1" = 100'
GATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WUM
•
300 Is: 417 -658
F.B. w: HWY 45
CAD FILE:
5HEET OF S 3 i -2
N
11
LT. 231.23• 1
• PROPOSE0IR.0.W.
mI3 1 J9•.9'1. •E: 1 515.6.'1
.769 9OAC4 REMAINDER LIMITED -
CAL L ED( 21 9. 185 AC. OF x r
CAlE019.185 . 2 r
x234 /54 - 7 r
0.(7.W.C.T. ;r
•� N
f _y
LOUIS HENNA 8110
ICR 1701
1526/17 O.R.W.C.T.
Width Varies
LOT 1 1
AMENDING PLAT OF
LOT 1 • I
BOARDWALK 2 SUES. 1
SECTION 1 1
ANO LOT 3 . 1
W. BOARDWALK 2 508.
CAB: M. SL. 138 I
8 / Y • W.C.P.R. 1
• a
a
EXIST�NG - R.O.
R sac. 570.15.07 I
RECORDERS MEMORANDUM
All or parts of the ten on this page was not
deuly legible for satisfactory recordation.
ASA THOMAS
SURVEY, A-80
6 CURVE DATA
. x.x.,. u•
o •
CO 2,27,41; 75 '.E
Pi. Srx�37. i4
Pr. 561.20.00
9 Y . 1 .135.257.51
+ 0.1.9.696.99
1 ! srA. 572.10.13
LT. 220.10'
7
WILLIAM50N COUNTY FOR
ROADWAY PURPOSES
5.697 ACRES
OOC. +9116130
5.0.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAM50N
GRANTOR:MB BOARDWALK LIMITED
SURVOON INC.
PROFESSIONAL SURVEYORS
5316 MWr. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512( 899 -8282. FAX (5121 899 -9390
EMAIL: OustinOSUrocon.com
SCALE: 1 = 100'
DATE: MAR 2000
BRAWN BY: TC
CHECKED Br: WJM
JOB a: 417 -658
F.B. a: HWY 45
CAD FILE:
545PAR-60 -SHT - 3
SHEET 3 OF 3
DELL COMPUTER HOLDINGS. L.P.
1 07.8845/ACRES (TRACT N0. II
DOC. O. fl. M. C 312
O.R.W.C.T.
Z .7 • % • 519145.
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28,1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01 29- 200'02:52 PM 2001006424
JACKIE $33.00
NANCY E. RISTER :COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11 - GF# Z 5)11( 4" JPB
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400 SPECIAL WARRANTY DEED
AUSTIN, TEXAS 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
J. VAUGHN BROCK, as trustee for the SPAVINAW PARTNERS LIMITED
PARTNERSHIP, an Oklahoma limited partnership ("Grantor"), for and in consideration of the sum
of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to Grantor
in hand paid by the CITY OF ROUND ROCK, a Texas home rule city ( "Grantee "), whose mailing
address is 221 E. Main St., Round Rock, Williamson County, Texas 78664 -5271, the receipt and
sufficiency of which consideration is hereby acknowledged and confessed, has GRANTED, SOLD
AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee,
subject to all of the reservations, exceptions and other matters set forth or referred to herein, an
undivided 5.00% interest in the following described property:
(i)
96642.3/032200
2001004421 10 t✓gs
KNOW ALL MEN BY THESE PRESENTS: THAT
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property ".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, governmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities "); (c) all riparian rights,
water rights, access rights or other rights of any kind or nature which affect the Property and which
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
EXECUTED AND DELIVERED to be effective the 19th day of January, 2001.
THE STATE OF TEXAS
J. VAUGHN BROCK, as trustee for the
SPAVINAW PARTNERS LIMITED
PARTNERSHIP,
an Oklahoma limited partnership
By:
Printe
Title:
Date:
COUNTY OF TRAVIS §
This instrument was acknowledged before me this 2. L4 day of l a. . r
2001, by J. Vaughn Brock, as Trustee for the Spavinaw Partners Limited P. . ership, an � klahoma
limited partnership.
(SEAL)
-V A +1:. • ELIZABETH FALTO•MANNION
MY COMMISSION EXPIRES
`ax•�.; May 6, 2001
96642.3/032200 2
otary Public Signature
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
96642.3/032200 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
8
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (1H35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly comer of said 6.769 acre
tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the Left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a'/: -inch iron rod found
for the northwest corner of said Lot 2 bears North 16°41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L02.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79°12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
4 17-65 8/Parcels/Finals/m &b's/PA R80.doc
EXHIBIT 4 Page 2 of (a Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subcivision, Section 2. a distance of 218.60 feet (218.64') to a 'A-inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest ccmer of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a'' /z -inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417. 658 /Parcels/Finals/m &b's/PAR80.doc
EXHIBIT Pr Page 3 of___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 Tumer Collie and Braden Inc.
. / / //t 000
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
417- 658 /Parcels/Finals/m &b's/PAR80.doc
NOTES:
1OT 2
REPEAT OF LOT 7
BOARDwALK 2 SUB.
SECTION 2
CAB. M. 5L. 61
�' _ °'I br•E°wEn
LOT 1
\ 00000FALK 2 SUB.
1 1 SECTION 5
'S'''CAB. N. SL:• "270
W.C.P.R'..
::17!1;901. 1.401.61' \ 1'
\
C•SSSS9'31 \\ /
SE4TION.S
I:.
Wait: 1 ` ,' LOT 2'
li5'1 / " 'l Mrr^'N'rG BOARDWALK 2 SUB. C.
it ISIS.si'it'C1 T4Ay5n 1
SL 170
urn llT L:>l4 � w - L�
FOUND 1100T
BRASS 015E IN COIC.
BEARS N73 "W. 0.52'
SEE DETAIL • 0 •
""
s t.
1
PROPOSED R.O.W.
PROPOSED R.O.WI
1 STA. 556.63 94
LT. 235.74'
FOUND '.� S. w/CAP
N40'26 0.96'
1. BEARINGS AM C0d101MA1E5 ARE BASED d 1NE 1EKA5 SIA7E PL
SUN3 0CCAU51 MC51Ww:0JUSt**ECM1CFOCTOOS 1.0001 a2°. JUSTED rD
2.
5 SURVET S PERF1E0 11TNOUr 1IE BENEFIT W 3
EC 0l COmorENT Fo4 w
TITLE 4550RANCE Ale NAT NOT
3 A5EL0N12 AN0 w R VORN M IS PEA IM **1101 PERIN430 T 1x 70 12 E0 O 0A
000 H5 PURL
INF ONNarI04Ox. 103 NE SURVEYOR HAS NOT ABSTRACTED 1x15 IRA[
3. OESCR IPACOT5 ACM/ARID 09 • SEPARATE IEIES ARO BOUNDS
4 PROVDE0 BASELINE TURNER. COLLIE 1 i BRADEN.I I Wilt 233E
5. O.R.1.c.T. INDICATES OFFICIAL RECORDS OF wILLIANtON [Own. TEOAS
6. w.C.P.R. INDICATES rllyJANEON J c01v N PLAT RECD / IDS
/l � X / 1
4//
GATE:
JAT Oda CANINE
REGISTERED PROFESSION. LANG SURVEIOR
EKAS REGISTRATION N0. 4345
URVET LEG/
II • FOUND T BRASS OISS IN CONCRETE
❑ • SET 1KD0T BRASS DISK IN CONCRETE
o SET 4 ,. IRON 000 4 /TKOOt FLUS. CAP
• F0130 "t IRON ROD UNLESS 01NER0ISE N01ED
• FOUND 4' 0 4• CONCRETE N01U*EN1
11 • CALCULATED POINT
E. • PROPERIT LINE ASA THOMAS
• 045ELINE SURVEY, A -609
• u1ILlTT POLE
- P.0 0.
P45CEL 0O
DETAIL 'a tl
5.1.5. •
FOu0 10001 / NPV
S 015 1N 00NC 7tT P
BEARS BRAS x13.31' 45'0. 0.. 52'
OETA
80
r @ 5.0.45
N ]•5x'44'0.
rxi9
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.w.C.44.
EXISTING R.O.w.-\
L
C
CB
CO
PC
P1
PI
E DATA
o.
3 i1 ".
71'
i 12 . 0..0
•z3e.4e'
5 49+11.31
5 12.33.14
561.20.00
3.135.257.51
10.149.696.10
:LOT 3
A0EN01N0 PLAT 0F.
LOT 1 •
I BOARDWALK 2,548.
N D LO 3
80AROwALK 2 SUB.
'I
SECTION 2.
CA8•. M. SL. 138
1 STA. 562.66.22 I
LT. 239.32' I
yrilj;44te [
1156.01'
11 55.99'1
X:•41.2 1.e3
Isn•09. 51 •.. 1u r.a4• I
'•- ("�'-_�•- LOUIS HENNA BLVD
560400 4CR 1701
1526/17 0.0.5.0.1.
Width Varies
5.6.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR :M8 BOARDWALK LIMITED
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST, SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (5121 899 - 9390 "
EMAIL: 0ustinesurvc00.can
SCALE: 1" = 100
GATE: M 2000
ORAWN BY: TC
CHECKED BY: WJM,
RECORDERS MEMORANDUM •
All or parts of the tact on this page was not
clearly legible for satisfactory recordation.
ACREAGE
SUMMARY
1SO.FI.I
m0.0
700 0515
aREA
aCWIRED
REN•INOER
294.596
294.516
JOB a: 417 -658
F.8. a: H5Y 45
CAD FILE:
545PAR- 80 -5HT -1
SHEET 1 OF 3
LOY I
BOARDWALK 2 SUB.
SEC. 3 .
CA8. SL. 5
w.C.P.Ri ,
LOT 2
BOARDWALK .2 SUB.
SEC. 3
GAB. 5L. 5
C,P.R.
XW
f N19.I2'S1'E. 155.99'1
rnilr.is��c•r
ASA THOMAS
SURVEY, A -8091
1 I �
I I •t
LOT 1
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactory recordation.
AMENDING PLAT OF ,
LOT 1
• BOAROWALK 2 SUB.
SECTION I
AND L0T 3
BOARDWALK SECTION 2
2 SUB. 3X
CAB. M. SL. 17B 3_2
• v. C•P. R. _ A
5�
uii SzVW. . 1nx'
•o9v+•r. i.e 1. e•'1
LOWS HENNA 8100
(CR 1701
1526/17 0.8.5.0.7.
Wiatn Varies
•
5.H.45
565400
4 CURVE DATA
i1�i2x,0 i'
�1• 31153 I0'E
�o- x.x3e.4s•
PT• 5 27.74
PI. 5.1 .30.00
Y • 3.135.251.51
• 0.145.656.91
LOT 3 •
BOARDWALK 2 SUB.
..p.6. E. 3
PROPOSED
M8 608006ALK LIMITED
6.769 AC: REMAINDER OF
CALLED 219.185 AC.
2234/54
D.R.w.C.T.
EXISTING R.O.W.—
5.6.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: 8(11 6950N
GRANTOR:4 BOARDWALK LIMITED
SCALE: 1 100
DATE: MAR 2000
DRAWN BY: TC
CHECKED 8Y: 036
LOT 4
BOARDWALK 2 SUB.
SEC. 3
M CAB. M. SL. 5
49 SURVQON INC.
PROFESSIONAL SURVEYORS
5316 6wY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX (512( 899 -9390 5
EMAIL: Oustinesurvc0n.0
J08 tt: 417 -658
F.B. Y: HWY 45
CAD FILE:
SHEET 2 3 i 2
-n
LOT 1
AMENDING PLAT OF
10T 1 • I
BOARDWALK 2 588: I
SECTION 1 • 1
AND LOT 3 1
80280.218 5(591 25118. 1
CAB.' M. SL. 236 1
B y ' W.C.P.R.
` � y
1 6.A..
4 STA. 510.11.07 I
LT. 231.23' I
PROPOSEDIR.O.W.
1 4 STA. 572+10.13
I LT. 210.10'
ullii,r yK,1
5.2.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAISON
GRANTOR:M8 BOARDWALK LIMITED
SUMMON ING
PROFESSIONAL SURVEYORS
5316 HwY. 290 WEST. SUITE 480
AUSTIN. EXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390
EMAIL: austinoSurvCOfl.COm
JOB + 417 -658
SCALE: 1" = 100'
GATE: MAR 2000
ORAWN BY: TC CAO FILE:
S45PAR- 80 —SHT - 3
CHECKED BY: WJM SHEET 3 OF 3
F.B. W: HWY 45
V CURVE DATA
L • 3.2A1.A3'
• 0.622.07'
C. 10'10'21'
16. 211 . 53'10 . 6
Co• 2.230.45'
PC• 545.16.31
Pr• 512.30.7
ASA THOMAS 11• ss+.20.00
SURVEY, A -809 r : fo
1r
DELL CXUOUTER HOLDINGS. L.P.
07.66.5/ACRES (TRACT N0. 11
901. .9633512
O.R.W.C.T.
126. c0r7a
012 511201E
f A79 •i9ii•E. 1 2 1
1 `
M8 80ARD7ALK LIMITED
6.769 AC4 REMAINDER 00.
CALLED/219.185 AC.
5234/54 —
0.fe.W.C.T.
EXIST NG
I
1516'09'31 �. 1451.14 3
LOUIS HENNA 13L80
(CR 1707
1526/17 0.8 : 6.5.0.
COTO VGfi65
@ 5.H.45
RECORDERS MEMORANDUM
All or pans of the text on this page was not
clearly legible for satisfactory recordation.
f
! WILLIAMSON COUNTY FOR
ROADWAY PURPOSES
5.891 ACRES
DOC. . 2.5.7 30
O.R.W.C.T.
• 1
N
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILER ANO RECCEDE)
OFFICIAL PUBLIC RECORDS
01-29 - 200102:52 PM 2001006421
JACKIE $33.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11 -GF# 4 " 1o4 JPB
RETURN TO: HERITAGE TITLE
98 SAN JACINTO BLVD., STE.400
AUSTIN, TEXAS 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
J. VAUGHN BROCK, as trustee for the J. VAUGHN BROCK CHILDREN'S TRUST
( "Grantor "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and
other good and valuable consideration to Grantor in hand paid by the CITY OF ROUND ROCK, a
Texas home rule city ( "Grantee "), whose mailing address is 221 E. Main St., Round Rock,
Williamson County, Texas 78664 -5271, the receipt and sufficiency of which consideration is hereby
acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents
does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations, exceptions
and other matters set forth or referred to herein, an undivided 20.00% interest in the following
described property:
(i )
96645.3/032200
SPECIAL WARRANTY DEED
2001006426 10 tpgS
KNOW ALL MEN BY THESE PRESENTS: THAT
That certain real property in Williamson County, Texas, which is described
on Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefitting or
pertaining to the Land or the Improvements, including, without limitation, all
of Grantor's right, title, and interest in and to all adjacent streets, alleys, or
rights -of -way, adjacent to or benefitting the Land (all of the foregoing being
referred to herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to
herein as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns,
forever; and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind
itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property
unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof, by, through, or under Grantor, but not otherwise; provided,
however that this conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the
title exceptions revealed in or by the recorded documents and other matters listed on Exhibit "B"
attached hereto and incorporated herein by reference; (b) all regulations, restrictions, laws, statutes,
ordinances, obligations or other matters which affect the Property and which are imposed by or exist
by reason of any regulatory, govemmental, or quasi - governmental districts, entities, agencies,
authorities or other bodies of any kind or nature ( "Governmental Authorities "); (c) all riparian rights,
water rights, access rights or other rights of any kind or nature which affect the Property and which
are held by or relate to any Governmental Authorities, the public generally or any persons or entities;
and (d) all standby fees, taxes and assessments by any taxing authority for the current and all
subsequent years. Ad valorem taxes with respect to the Property for the current year have been
prorated as of the date hereof. By acceptance of this deed, Grantee assumes and agrees to pay and
indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to
the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED
AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND
ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE
PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL FAULTS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me this ?. - day of c..(\ ckar
2001, by J. Vaughn Brock, as Trustee for the J. Vaughn Brock Children's T st.
(SEAL)
96
EXECUTED AND DELIVERED to be effective the 19th day of January, 2001.
Oak ELIZABETH FALTO-MANNION
:'; MY COMMISSION EXPIRES
May 8, 2001
J. VAUGHN BROCK, as Trustee for the
J. VAUGHN BROCK CHILDREN'S TRUST
By:
Printed N
Title: pr-
Date:
2
VRvL
91 e(■
r .c
r+-r• q 7.00
N otary Public Signature
AFTER RECORDING RETURN TO:
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
96645.3/032200 3
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest corner of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a'h -inch iron rod found
for the northwest comer of said Lot 2 bears North 16 °41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots I and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a 1/2-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk-2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common corner of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417 - 658 /Parce Is/Finals/m &b's/PAR80.doc
EXHIBIT 4 Page a of (o Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a %z -inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572+84.83, for the southeast corner of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section I and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest comer of a called 107.8845 acre tract of land described as Tract I
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest comer of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a'h -inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest comer of said 5.891 acre tract and being the southeast comer of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest corner
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °3745" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
417- 658 /Parcels/Fina Is/m &b's/PAR80.doc
EXHIBIT 1'r Page 3 of ..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
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 11, 2000
417. 658 /Parcels/Final s/m &b's/PAR80.doc
SURYEY LEG
■ • (0d0 T. BRASS 045* IN CONCRETE
❑ • SET 1.01 0RAS5 OISK IN CONCRETE
Q - SET 1 • IRON RO0 v 007 40X. UP
• • Fau50 :Rd ROD NNtE55 01NERRISE NOTE0
® • 5102x0 4• R 4' CONCRETE 14511ENT
LOT 2 • CALCULATED POINT
REPLAT OF 1.01 2 • PROPERTY LINE
BOA ODALION 2 5UB• l • BASELINE
CAD. o. SL. 61 1 Q • UTILITY POLE
•r 41
6
LOT' 1
800000010 2 500.
SECTION 5
'.1•'''628. N. 514. 370
w.C•P. R
4OI.61'
N
Brt06.20' _
C•55P14 31•E \
395.91'
I 1
1X6.96.50' I
]6'56
IC IJll.lS'I 6 'FI
url �rr < tit
PROP05E0 R.0.0.
FO0N0 i 001
05053 DISK Ix C
50405 x13
SEE DETAIL •0•
IEKi1 I NO. L 1319 SURVEYOR
i t STA. 55663.94
L1. 255.70'
FuuNO ''00215 1 /CAP
x40•:6'13 0.16'
NOTES:
1 BEARINGS 015TTE OI *40 (05104 SOME � TO
SURFACE USING Ax 002051011 FACTOR OF 1.00012.
2 E TITLE *000 *2D iooluOE
EA NO 01W1ION 0010
21190 O 015 R C1
1 E C CWG N 'ION. N S 5NDY14 OM IN IS P011 T 15 T BASE0 O N T RACT
NFd*A11d. 305 52000/04 MIS 001 ABSTRACTED HIS RACY
3 OESCR IPT1DNS *CC10/ANIED BY a SEPARATE 1ETES ■50 0041405
4. P2010210 09 128 0.NCC 04.140 *50 :141:rt
Of FILE
5. 0.1.1.0. T. INDICATES OFFICIAL RECORDS OF 11LLIURd COUNT, TEK*
5. 0.0.0.0. INOIC41E5 01 ARSON CO0531 RAT RECORDS
f 1 0010:4 //IZ000
AY OE CaNINE
001411 '
N.I.S .
80
ASA THOMAS
SURVEY, A -809
- P.O.B.
P02551 B0
P06640 70001
8X155 5* N Cd
00205 x15•] 0 .. 52' F T'
OEN V. •e•
5.
•
LOT 2• •
,/
. BOAROw1- 2
E•9c�*:: SEETIOH. 5 500. ••
CAB. N. SL. ITO
PROPOSED R.0.61
IH>! it'S1 C.
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.w.C.T.
Ex15TING 8.0.0.
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
t� L E OATH
1 .241. U•
B n7slo•E
PT E 549 H6. ]I
C
PI 561.20.00
i 1
.135.251.51
0.149.696.56
ACREAGE
SUMMARY
450 FT.)
PROPENTT
AREA
ACCIREO
RER0INOER
294.596
294.595
:LOT 3
( AMENOINC PLAT Or
LOT 1 •
I BOARDWALK 2,508:
A
SECTION 3 L
BOARDWALK 2 5118.
SECTION 2
EAR." M. 51. 138
1 F 512. 562.56.22 j
,L. - Lr 235.02'
o 11)14 _
1156.01
11 55.99'1
514 1461.12'
1516 411.14'1
•
r Q 5.x.45
560 LOU15 HENNA 01.y0 400 1_•_•_•- 1526 /1
111435 Or RL1.C. T.
95 VorIes
S.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR:MB 000006ALK LIMITED
KECuI ERE mEmURANDUM
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390
EMAIL: oustlnesurvcon.COm
SCALE: 1" 1 100'
GATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
300 a: 417 -650
F.B. a: Hwy 45
CAD FILE:
545PAR- 80 -SHT - 1
SHEET 1 OF 3
LOY 1 :
BOARDWALK 2 SUB..
SEC. 3 •
CAB. M. SL. 5 :
LOT 2
008808ALK :2' SUB.
SEC. 3
C48. M. 5l. 5
8.C.P.R.
ASA 'THOMAS
SURVEY. A-6Q8
1
-
17 156.01'
18N75 12'51'7• 1 155.99'1
ui lilt. [�s(�K�1
51.41.27'•.
1526.09'31 -W. 1497.6.'1
LOT 1
AMENDING PLAT 0E
LOT I
BOARDWALK 2 SUB.
SECTION I
•
AND LOT 0087084L8 2 2W
SECTION 2 X
r CAB. Y. SL- 138
RECORDERS MEMORANDUM
All or pars of the text on this page was not
dearly legible for satisfactory reeordatian.
PROPOSED 8.0.8.
008 ^e.
565,10 _-- r- _ -_ -_-
LOUIS HENNA BLVD
ICR 1701
1526/17 O.R.w.C•T.
81278 verses r— Q 5.14.45
LOT 3
BOARDWALK 2 5U8.
SEC.,3
A8•_ M. SL..5
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O•R.W.C.T.
EXISTING R.0•w.—
5.8.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: 8ILLIAMSON
GRANTOR:ma BOARDWALK LIMITED
SCALE: 1" = 100
007E: MAR 2000
ORAWN BY: TC
CHECKED BY: WJM
LOT 4
BOARDWALK 2 SUB.
SEC. 3
4 CAB. M. SL. 5
-H
— 1
C7
r
z
m
P1
m
P1
LA!
O
7 1
L4
t SVRVCON INC:
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9390 ,
EMAIL: oustinGsurvc021.00
JOB m: 41T - 65B
F.B. 31 H8Y 45
CAD FILE:
545PAR 80 - SHT - Z
SHEET 2 OF 3
-1
— 1
C7
2
Z
m
cn
•
m
m
N
0
LOT 1 1
AMENDING PLAT OF
LOT 1 • I
BOARDWALK 2 SUB_ I
SECTION 1
AND LOT 3 • • "'CA SOARDMALR 2.5628. 1
. ° 8 T SELTION 2
A "^ CA8. M. SL. 138 I
Ray • M.C.P.R. I
4 l
• -
, STA. ST0.11.01
LT. 231.23' 1
PROP05ED:R.O.M.
xis i.s,-
' - "'
MB B OARDWALK LIMITED - '" / MILLIA8SON COUNTY FOR
":. :r 6.769 AC4 REMAIER OF t. . I ROADWAY PURPOSES
CALLED1219. 18 AC. I 5.891 ACRES
'74.
5 234/54 - w I DOC. 09116130
0.(t. W. C. T. :I o.R.w.c.r.
EXIST;NO _\ 1 N
Si 1.19'27•x. 1 (
1576 101.11'7
7120. 001784
014 571481.E
LOUIS HENNA BLVD
ICR 1701
1526/17 O.R.M.C.T.
Width Varies
I S.H.45
ASA THOMAS
SURVEY, A -809
LtECORDERS MEMORANDUM
MI or parts of the teat on this page was not
dearly kglble fat glltiafacwry !RABtilMien.
PI 561.70.00
2 0 '115.252.51
0.149.i96.11
DELL COMRUTER HOLDINGS. L.P.
107.88451ACRES (TRACT N0. 1)
30.R.rt6t3T
! 57A. 572.41.13
AT. 220.10'
5.8.45
PARCEL PLAT
FOR PARCEL BO
COUNTY: WILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
SURVOON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. EXAS 78701
TELEPHONE 15121 899 -8282. FAX (5121 899 -9390
EMAIL: oustinesurvc0n.com
SCALE: 1" 100'
JOB a: 417 -658
F.B. u: HWY 45
(DATE: MAR 2000
( DRAWN 8Y: TC CAD FILE:
S45PAR-80 -SHT - 3
CHECKED BY: WJM SHEET 3 OF 3
9
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
.County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FRED N. RECORDED
OFFICIAL PUBLIC RECORDS
01- 29 200x02:52 PM 2001006426
NANCY E. 3COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11 f" "
getulataTO l' TAGE TITLE
i3spo ZP iW103LVD., STE.400
pci.IS R)IEXAS 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
SPECIAL WARRANTY DEED
2001006429 11 t=•es
§ KNOW ALL MEN BY THESE PRESENTS: THAT
RIVERCREST PROPERTIES, LTD., a Texas limited partnership, acting herein by and through
its undersigned duly authorized general partner ( "Grantor "), for and in consideration of the sum of TEN
AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by
the CITY OF ROUND ROCK, a Texas home rule city ( "Grantee "), whose mailing address is 221 E. Main
St., Round Rock, Williamson County, Texas 78664 -5271, the receipt and sufficiency of which
consideration is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by
these presents does GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations,
exceptions and other matters set forth or referred to herein, an undivided 18.0% interest in the following
described property:
(i)
That certain real property in Williamson County, Texas, which is described on
Exhibit "A" attached hereto and incorporated herein by reference;
(ii) All right, title and interest of Grantor in and to improvements, fixtures and
personalty situated on and attached to the Land (all of the foregoing being
referred to herein collectively as the "Improvements "); and
(iii) All right, title and interest of Grantor in and to appurtenances benefiting or
pertaining to the Land or the Improvements, including, without limitation, all of
Grantor's nght, title, and interest in and to all adjacent streets, alleys, or rights -of-
way, adjacent to or benefiting the Land (all of the foregoing being referred to
herein collectively as the "Appurtenances ").
The Land, Improvements, and Appurtenances are collectively referred to herein
as the "Property".
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, and Grantee's successors or assigns, forever;
and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind itself and its
successors to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee,
Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the
same, or any part thereof, by, through, or under Grantor, but not otherwise; provided, however that this
conveyance is made by Grantor and accepted by Grantee subject to: (a) all of the title exceptions revealed
in or by the recorded documents and other matters listed on Exhibit "B" attached hereto and incorporated
herein by reference; (b) all regulations, restrictions, laws, statutes, ordinances, obligations or other matters
which affect the Property and which are imposed by or exist by reason of any regulatory, governmental,
or quasi - governmental districts, entities, agencies, authorities or other bodies of any kind or nature
( "Governmental Authorities "); (c) all ripanan rights, water rights, access rights or other rights of any kind
or nature which affect the Property and which are held by or relate to any Governmental Authorities, the
public generally or any persons or entities; and (d) all standby fees, taxes and assessments by any taxing
authority for the current and all subsequent years. Ad valorem taxes with respect to the Property for the
current year have been prorated as of the date hereof. By acceptance of this deed, Grantee assumes and
agrees to pay and indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes
relating to the Property, for the current and all subsequent years during Grantee's ownership thereof.
GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED AND
HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED THIS
SPECIAL WARRANTY DEED AND HAS PURCHASED THE PROPERTY "AS IS ", "WHERE
IS ", AND "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED.
THIS PROPERTY IS BEING CONVEYED BY GRANTOR TO GRANTEE IN LIEU OF
CONDEMNATION.
EXECUTED AND DELIVERED to be effective the 19 day of January, 2001.
THE STATE OF TEXAS
COUNTY OF TRAVIS
(SEAL)
BY: RIVERCREST PROPERTIES, LTD.,
a Texas limited partnership
AFTER RECORDING RETURN TO:
•
KANDY NICHOLS
Notary Public, State of Texas
My eommlesion Expires
APRIL 6, 2001
John Bruce
Heritage Title Insurance Company of Austin, Inc.
98 San Jacinto Blvd., Suite 400
Austin, Texas 78701
By: LLL &J Management, L.L.C., a Texas
Limited Liability Company,
Successor General Partner
2
By:
Matt alser, Manage
This instrument was acknowledged before me on this
Naiser, Manager of LLL &J Management L.L.C.., a Texas limited liability
Rivercrest Properties, Ltd., a Texas limited partnership, on behalf
partnership.
ay o
omp
'd
otary Pub
2001 by Matt
General Partner of
ration and
EXHIBIT "A"
[PROPERTY DESCRIPTION]
3
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone
Company, by instrument dated February 3, 1986, recorded in Volume 1338, Page
544 of the Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July
31, 1986, recorded in Volume 1422, Page 425 of the Official Records of
Williamson County, Texas.
5. Access, utility, drainage and storm sewer easements, as granted and depicted in
that certain Reciprocal Easement Agreement with Covenants & Restrictions
recorded in Volume 2535, Page 895 of the Official Records of Williamson
County, Texas, and being further subject to the terms, restrictions and conditions
contained therein. Said agreement being amended in Volume 2730, Page 619 of
the Official Records of Williamson County, Texas, and under Document Nos.
9539355 and 9638340 of the Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28,
1995, recorded under Document No. 9539359 of the Official Records of
Williamson County, Texas; to be terminated by termination of easement to be
recorded in Document No. of the Official Public Records of
Williamson County, Texas.
7. A temporary cluster sign easement granted to Boardwalk Center Property Owners
Association, Inc., and each "Pad Site Owner," by instrument dated August 28,
1995, recorded under Document No. 9539356 of the Official Records of
Williamson County, Texas.
8. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
9. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
10. Easements, or claims of easements, which are not recorded in the public records.
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
0
EXHIBIT
1
Property Description for Parcel 80
Being all that certain 6.763 acre (294,596 square feet) tract of land situated in the Asa Thomas
Survey A -609, Williamson County, Texas, and being all of a called 6.769 acre remainder of a
219.185 acre tract as conveyed by M- Boardwalk Limited to MB BOARDWALK LIMITED,
recorded in Volume 2234, Page 54 of the Official Records of Williamson County, Texas
(O.R.W.C.T.). Said 6.763 acre tract being more particularly described by metes and bounds as
follows with all bearings and coordinates based on the Texas State Plane Coordinate System,
NAD83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012:
BEGINNING at a Vi-inch iron rod with Texas Department of Transportation (TXDOT)
aluminum cap (X= 3,134,652.30, Y= 10,150,144.24) set at 485.65 feet left of and perpendicular
to Proposed State Highway 45 Baseline Station 555 +78.90, being in the existing easterly right -
of -way line of Interstate Highway 35 (IH35) as recorded in Volume 420, Page 279 of the
Williamson County Deed Records (W.C.D.R.) for the northwesterly corner of said 6.769 acre
tract, same being the most westerly southwest comer of Lot 2 of the Replat of Lot 2, Boardwalk
2 Subdivision Section 2, recorded in Cabinet M, Slide 61 of the Williamson County Plat Records
(W.C.P.R.), said point being the beginning of a curve to the left, from which a 1/2-inch iron rod
with cap found bears North 40°26'13" West, a distance of 0.96 feet and a '/z-inch iron rod found
for the northwest corner of said Lot 2 bears North 16°41'14" West (N 15 °19'20" W), a distance of
289.48 feet (289.22');
1. THENCE, a distance of 401.61 feet along the line common to said 6.769 acre tract and said
Lot 2, Boardwalk 2 Subdivision Section 2, and Lots 1 and 2 of Boardwalk 2 Subdivision,
Section 5 recorded in Cabinet N, Slide 170 W.C.P.R. and along said curve to the left, with a
Radius of 686.20 feet, a Delta Angle of 33 °32'01 ", a Chord Bearing and Distance of South
57 °14'37" East, 395.91 feet (L= 402.60', R= 686.20', Delta=33 °36'58 ", CH =South 55 °53'16"
East, 396.85') to a '/z-inch iron rod found for the end of said curve;
2. THENCE, North 77 °52'44" East (N 79 °12'51" E), along the line common to said 6.769 acre
tract, said Lot 2 Boardwalk 2 Subdivision Section 5, Lot 1 and Lot 3 of the Amending Plat of
Lot 1, Boardwalk.2. Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2
recorded in Cabinet M, Slide 138 W.C.P.R., Lots 1, 2, 3 and 4, Boardwalk 2 Subdivision,
Section 3 recorded in Cabinet M, Slide 5 W.C.P.R., a distance of 1,156.01 feet (1,155.99') to
a cotton gin spindle found for the common comer of said Lot 4 of Boardwalk 2 Subdivision
Section 3 and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1
and Lot 3, Boardwalk 2 Subdivision, Section 2;
417. 658 /Parce Is/Finals/m &b's/PAR80.doc
EXHIBIT 4 Page Z of (o Pages
3. THENCE, North 78 °29'33" East (N 79 °49'14" E), along the line common to said 6.769 acre
tract and said Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and
Lot 3, Boardwalk 2 Subdivision, Section 2, a distance of 218.60 feet (218.64') to a 1/2-inch
iron rod found at 220.10 feet left of and perpendicular to Proposed State Highway 45
Baseline Station 572 +84.83, for the southeast comer of said Lot 1, Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, same
being the southwest corner of a called 107.8845 acre tract of land described as Tract 1
conveyed to Dell Computer Holdings, L.P. by deed recorded in Document No. 9633512
O.R.W.C.T., said point being the northwest corner of a called 5.891 acre tract conveyed to
Williamson County for roadway purposes by deed recorded in Document No. 9716130
O.R.W.C.T. and the northeast corner of the herein described tract;
4. THENCE, South 15 °09'10" East (S 13 °48'54" E) along the line common to said 6.769 acre
tract and said 5.891 acre tract, a distance of 121.44 feet (121.49') to a 1/2-inch iron rod found
in the existing north right -of -way line of County Road 170 (CR 170), also known as Louis
Henna Boulevard, as dedicated for right -of -way in Volume 1526, Page 17 O.R.W.C.T., for
the southwest corner of said 5.891 acre tract and being the southeast corner of the herein
described tract;
THENCE, along the existing north right -of -way line of said CR 170 and the south line of said
6.769 acre tract the following two courses:
5. South 74 °49'27" West (S 76 °09'31" W), a distance of 1,487.72 feet (1,487.84') to a TxDOT
brass disk in concrete found for an angle point;
6. North 74 °28'32" West (N 73 °08'11" W), a distance of 162.15 feet (162.56') to a calculated
point on the existing east right -of -way line of aforementioned IH35 for the southwest comer
of the herein described tract, from which a TxDOT brass disk in concrete found bears North
73 °37'45" West, a distance of 0.52 feet;
7. THENCE, North 16 °39'42" West, a distance of 408.28 feet along the existing east right -of-
way line of said IH 35 to the POINT OF BEGINNING and containing a computed area of
6.763 acres (294,596 square feet) of land, more or less.
4 1 7- 658 /Parcels/Finals/m &b's/PAR80.doc
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 11, 2000
EXHIBIT Pr Page of (v 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.
4 /i//zaot,
417 - 658 /Parcels/Finalslm &b's/PAR80.doc
20 6
11.
SDRKT 020r
• • FOUND T. BRASS 015E IN CONCRETE
❑ • SET IXDOT BRASS DISE IN CONCRETE
O • SET '•r 10011 R00 3/17000 01.11.4. CAP
• r01ND '•j IRON R00 UNLESS OTHERWISE NOTED
0 • F OUND 4 CONCRETE LONU.ENT
D • CALCIIL•TE0 POINT
E. • PROPERTY LINE
� • BASELINE
uE • UTILITY P0.0
00TE5:
LOT 2
REPIAT OF LOT 2
B0A*D7ALK 2 SUB.
SECTION 2
CAB. M. 5L. 61
w.C.P.R.
!rum3 SE:Fs ` /CAP
: 1.0.25 0.76
��'c SEE DETAIL •A
.1si.1
}:d•ST81 .1
;\ (5485
.L
Lai' 1
80080(415 2 508.
SECTION 5
'•L' *•t68• N. SL' `170
0.C.P.i(..'
L•401.51'
4.08.320'
]]• 12'01'
SYS.91
2.50'
5.20'
I•]7•]e'Se
I •555 IS'[I
I395.e5•I UII 1Y Ti tR
e•
PROPOSED R.O.W.
SEE CETAII '0
0(58f 1450 SURNEYDR
e
STA. 550.03.94
LT. 235.20'
20450 ;Ei.?. R /LAP
140•20 0.,G
DETAIL 'A
FDMHD rioor 8 0
BRASS RISE IN cwc.
e[A5s Nn•n•s•.. o.sr
ASA THOMAS
SURVEY, A-809
- P.O.B.
PAR[E1 00
BR.ss o sr ir
eEeRS NT]•]T'45'W. O. Si'
OENAII 'B'
• '1'
` / lam • I :
C LOT 2:
.
` eI� 4•USn 8 2 005. I .:
.L S BDARO0ALA. 1. 170 I';
` .0:5
C88. N. 5• .W. C. - C
PROPOSED R.0.21
x i•53'44'E.
INi9•I2'SI•E.
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
EXISTING R.O.w.-
q C E DATA
l 2. 241..]•
R 12.(22.01
A
CB X
CO 2.24(.4$•
PC
PT
PI
549 31.14
512•
551.20.80
1158.01
11 55.95' 1
ACREAGE
SUMMARY
750.21.1
aE
PROPERTY
SEA
/[ 8 IREO
REMAINDER
29..595
29..595
I .LOT 3 .
AMEN7ING LOT PLAT or
• 1
I 80(000410 2.548 •
AND LOT 3
804ROMALK 2 SUS
SECTION 2'
I CAB.. M. SL. 138
e STA. 51248.22
LT. 231.32'
• ∎111.1/(.r
S T4.49'2T•r. u,l. r2•
. __,'_ Ism 49•v•.. 1. r. e.•1
` - - --
LOUIS HENNA 0100
560.00 - _- � ICR 1701
1526/17 D.R.e.C.
21290 varies
U. 01851805 uD COOHU1 eRE BASED ON HE TEKAS ST7?E PL40
SURF *CEeUSIMC5u01MiOJUSTiEMTCi80105 06 .UW120JU5TE0 TO
2. 1815 SURVEY 78S PERFORMED WITHOUT THE BEMr I1 CM •
CO51I i1ENt F01 TITLE INSURANCE AND MAT NOT INCLUDE
EASEMENTS ND INF01MA100N PERTAINING 10 IMI5 TRACT.
0ECO20 10(0RMAIION 58051 ON IRIS PLAT I5 BASED d PUBt1
INFCRNAT1ON. THE 5400(701 HAS Hai A8500AC7E0 11115 TRACT.
1. CESCR IYIICril5 ACCO0AIl1ED 0T • SEPARATE LE1E5 (5D 000205
4 PNGV/UE w[0 20"
5. 0.5.t.c.T. INDICATES OFFICIAL 5EC005 a 51LLIAK01 COUNTY. TEXAS
S. W0.0.2.0. 114110A1ES RI ANSON Cwx.T PLAT RECD / 100 •
�� /�"""• 080[4 1//&000
r _ IL S.H.AS
RECORDERS MEMORANDUM
All or pans of the text on this page was not
clearly legible for satisfactory recordation.
5.X.45
PARCEL PLAT
OR PARCEL 80
COUNTY, wILLIAMSON
GRANTOR:MB BOARDWALK LIMITED
L SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (5121 899 -8282. FAX 15121 899 -9390
EMAIL: oustinesurvcul.com
SCALE: 1" = 100'
OATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB u: 417-658
1.8. Jr: HO 45
CA0 FILE:
S45PAR -80 -SHY -1
SHEET 1 OF 3
-n
LOT 1
•
BOARD5A1.5 2 SUB.
SEC• 3 •
C00. 0). 51. 5
V.C. P.R.;
,
LOT 2 •
Ai • " """" •
BOARDWALK 12 SUB.
SEC. 3
CAB. M. SL. 5
, „ ...•
.6411a4.,
4:kg:,
RECORDERS MEMORANDUM
All or parts of the text on this page Wei not
dearly legible for satisfactory recordation.
ASA THOMAS
- 1 SURVEY, A-8C72
..•
LOT 1
AMENDING PLAT OF .
LOT 1
BOARDWALK 2 SUB.
SECTION 1
AND LOT 3
.. ,BOARIWALA , 1 SUB.
2
C m. SL.
'
Al
LOUIS HENNA BLVD
ICR 1701
1526/17 0.6.5.2.1.
41810 Varies S.14.45
565.00
LOT 3
BOARTle SOB.
• A6. M. SC; :5
PROPOSED
6.769 AC: REMAINDER OF
MB BOARDwALK LIMITED
CALLED 219.185 AC.
2234/54
0.6.0.2.1.
EXISTING
5.0.45
PARCEL PLAT
FOR PARCEL BO
COUNTY: wILLIAMSON
GRANTOR:1AB BOARDWALK LIMITED
G SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701 •
TELEPHONE (572) 899-8282. FAX (512) 899-9390 ,
EMAIL: OustiODSurvcOn.com
SCALE: 1" 700'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
LOT 4
BOARDWALK 2 SUB.
SEC. 3
M CAB. M. 54. 5
0.2.0.6.
JOB a: 417-658
F.8. a: MW? 45
CAD FILE:
'545PAR-80
SHEET 2 OF 3
FNO. CO„p1
CIM Sv1HOLE
11 56.01'
M15. 12'.
1 55.55'1
LOT 1
AMENDING PLAT OF
7.0T 1 • 1
BOARDWALK 2 5006.
SECTION 1 •
AND LOT 3 B
W BDA 5E ON 2�
505 CAB. M. Sl. 138 I
Say • ■.C.P.R. I
P. SIA. 570.9..0, 1
LT. x31.23•
PROPOSED:R.O.w.
_i- X - 1
MB BOARDWALK LIMITED - = 7 WILLIAM50N COUNTY FOR
6.769 AC4 REMAINDER OF. , 1 ROADWAY PURPOSES
CALLE01219.185 AC. 7:4 1 5.891 ACRES
0. W
4 .C. /54 7. :7 1' I 006. x9716130
:,I
EXIST NG R.O•T}
6 .l7'
LOUIS HENNA BLVD
!CR 1701
1526/17 O.R.W.C.T.
Width VOries
4.S.H.45
•_ C____ 1174 "97456'
RECORDERS MEMORANDUM
All or puts of the tat on this page was not
clearly legible, for satisfactory recordation,
p CURVE DATA
7.2.1..3'
e 12.622. e7•
z5'
0a' 5•SJ -E
ASA THOMAS
SURVEY, A -809
H
mn' �
522•z7.z0
7.1750
7.105.757.01
,177,S 6.5
0.1.9.6'16.56
DELL COMPUTER HOLDINGS. L.P.
107.88.5 /ACRES /TRAC1 N0. II
Q0C. /9633512
O.R.W.C.T.
I t 5L. 547•4618
I Li. 770.10
5.H.45
PARCEL PLAT
FOR PARCEL 80
COUNTY: WILLIAMSON
GRANTOR :MB BOARDWALK LIMITED
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 75121 899-9390
EMAIL: 0u5tinesurVCOn•com
SCALE: 1" = 100'
GATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB a: 417 -658
F.B. a: HWY 45
CAO FILE:
SHEET R 3 8 OF S 3T
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Restrictive Covenants recorded in Volume 1450, Page 135 of the Official Records
of Williamson County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. An equipment station easement granted to Southwestern Bell Telephone Company,
by instrument dated February 3, 1986, recorded in Volume 1338, Page 544 of the
Official Records of Williamson County, Texas.
4. A drainage easement granted to the City of Round Rock, by instrument dated July 31,
1986, recorded in Volume 1422, Page 425 of the Official Records of Williamson
County, Texas.
5. Reciprocal Easement Agreement with Covenants & Restrictions recorded in Volume
2535, Page 895 of the Official Records of Williamson County, Texas, and being
further subject to the terms, restrictions and conditions contained therein. Said
agreement being amended in Volume 2730, Page 619 of the Official Records of
Williamson County, Texas, and under Document Nos. 9539355 and 9638340 of the
Official Records of Williamson County, Texas.
6. A permanent non - exclusive easement granted to Wal -Mart Stores, Inc. for the
purpose of construction and maintaining a sign, by instrument dated August 28, 1995,
recorded under Document No. 9539359 of the Official Records of Williamson
County, Texas; which will terminate effective February 1, 2001 by Termination of
Wal -Mart Sign Easement to be recorded in the Official Public Records of
Williamson County, Texas.
7. Subject property lies within the boundaries of Brushy Creek Water Control and
Improvement District No. 1.
8. Subject property lies within the boundaries of Southeast Williamson County Road
District No. 1.
9. Easements, or claims of easements, which are not recorded in the public records.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01 -29 -200 02:52 PM 2001006429
NANCY E. 'COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
�✓ tt -GFS 1°4 JP9
,e RETURN TO: HERITAGE TITLE
2001006418 5 P. 9 s
98 SAN JACINTO BLVD., STFTfiAVIINATION OF WAL -MART SIGN EASEMENT
I to AUSTIN, TEXAS 78701 COUNTY ROAD 170
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
This Termination to Wal -Mart Sign Easement - County Road 170 (the "Termination ") is made
by, and between Wal -Mart Real Estate Business Trust, a Delaware business trust, successor -in-
interest to Wal -Mart Stores, Inc., a Delaware corporation by virtue of that certain deed dated October
31, 1996 with offices at 702 SW 8th Street, Bentonville, Arkansas 72716, and with notices sent to 2001
SE 10th Street, Bentonville, Arkansas 72716 - 0550( "Wal - Mart") and MB Boardwalk Limited, aTexas
limited partnership, 515 Congress Avenue, Suite 1230, Austin, Texas 78701 ( "MB Boardwalk "), and is as
follows:
RECITALS
A. Wal -Mart is the holder of that certain Wal -Mart Sign Easement — County Road 170, dated August
28,1995, granted recorded as Document No. 9539359 of the Official Records of Williamson County,
Texas (the "Easement ").
B. The Easement provides that it will terminate and that the sign located upon the property covered
by the Easement will be removed at no expense to MB Boardwalk upon the completion of the widening
of County Road 170 if (i) following such widening the Benefitted Tract (as defined in the Easement)
abuts County Road 170 and (ii) a sign can be constructed for Wal -Mart's exclusive use on the Benefitted
Tract adjacent to the right -of -way for County Road 170.
C. MB Boardwalk and its partners have agreed to sell the property covered by the Easement to the
City of Round Rock, Texas in lieu of condemnation for the expansion of the County Road 170. In
connection with such sale, the Easement must be terminated and the existing Wal -Mart sign (the "Wal-
Mart Sign ") must be moved as contemplated by the Easement and the City of Round Rock, Texas has
approved of a new sign location.
D. MB Boardwalk and Wal -Mart desire to terminate the Easement and to provide an opportunity for the
re- location of the Wal -Mart Sign as more particularly described below.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
and in the Easement, MB Boardwalk and Wal -Mart agree as follows:
I . Release of Sign Easement. Effective February 1, 2001 (the "Effective Release Date "), Wal --
Mart hereby disclaims and releases the Easement unto MB Boardwalk and any other subsequent owners
of the property encumbered thereby (the "Easement Tract "). As of the Effective Release Date, Wal -Mart
hereby agrees that it shall have no further rights under the Easement.
2. Defined Terms. All terms defined in the Easement and delineated herein by initial capital
letters shall have the same meanings herein as are ascribed to such terms in the Easement, except to the
extent that the meaning of any such term is specifically modified by the provisions hereof. In addition,
#475 Round Rock, Texas
s ;
r..
other terms not defined in the Easement but defined herein will, when delineated with initial capital
letters, have the meanings ascribed thereto in this Termination. Terms and phrases, which are not
delineated by initial capital letters, shall have the meanings commonly ascribed thereto.
3. Execution. To facilitate execution, this instrument may be executed in any number of
counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all
parties be contained in any one counterpart hereof Additionally, the parties hereto hereby covenant and
agree that, for purposes of facilitating the execution of this instrument the signature pages taken from
separate individually executed counterparts of this instrument may be combined to form multiple fully
executed counterparts. All executed counterparts of this instrument shall be deemed to be originals, but
all such counterparts, when taken together, shall constitute one and the same agreement. .
WAL -MART:
Executed as of the date recited above.
MB BOARDWALK: MB BOARDWALK LIMITED, a Texas limited
partnership
#475 Round Rock, Texas
By: MB Boardwalk Management, Inc.,
a Texas corporation, Sole General Partner
By:
J. Vaughn By President
WAL -MART REAL ESTATE BUSINESS TRUST
a Delaware business trust
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By:
Printed Name: J . e tr ` Greea
f
Title: A ;redbr of Recff. MannWe..� e'
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THE STATE OF TEXAS
COUNTYOF JY ct�l'i 5
This instrument was acknowledged before me on this Z T day of \ , 200 1 by
J. Vaughn Brock, President of MB Boardwalk Management, Inc., General Pner of B Boardwalk
Limited, a Texas limited partnership, on behalf of said limited partnership.
(SEAL)
STATE OF ARKANSAS)
) ss.
COUNTY OF BENTON)
On this day y of ,r, 19 before me, the undersigned notary public in and for
said County and State, personally ppeared bef re me ACW-17 A to me personally known, who,
being by me duly sworn, did say that he is S - // - of WAL -MART REAL
ESTATE BUSINESS TRUST, a Delaware business trust, and th• the sea affixed to the forgoing instrument is
the corporate seal of said corporation, and that said instrument was s ned and sealed in behalf of said corporation
by authority of its Board of Directors, and said J. tdta d" }CA v e.n A acknowledged said instrument
to be the free act and deed of said corporation.
WITTNES MY HAND and notarial seal subscribed and affixed in said County and State the
SCI– day of , 19— .aoOI •
My Commission Expires:
Charlotte Sue Kerst, Notary Public
Benton County, State of Arkansas
lgnimission Expires 10/1/2004
#475 Round Rock, Texas
ACKNOWLEDGEMENT
Notary ublic Signature
ACKNOWLEDGEMENT
tea^ iisi>. ELIZABETH FALTO - MANNION
•'_
MY COP/MISSION EXPIRES
tiz......: May 6,2001
e Lo co . fraAa
NOTARY PUBLIC
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
01 -29 -200 02:52 PM 2001006418
JACKIE $19.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS