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R-00-08-28-3A1 - 8/28/2000s4R4y :yM = " n R-00-08-28-3A1 Possession /Use Agreement with 35/45 Investors, L P. regarding the SH -45 right -of -way. RESOLUTION NO. R- 00- 08- 28 -3A1 WHEREAS, in order to prepare for the construction of the westbound SH 45 frontage road project, it is necessary to obtain the right to possession and use of certain property belonging to 35/45 Investors, L.P., and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Possession and Use Agreement for Transportation Purposes with 35/45 Investors, L.P., to grant to the City the necessary rights for the construction of the westbound SH 45 frontage road project, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered K \ WPDOCS \RESOLUTI \R00B2BAL.WPD /ac and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 28th day of August, 2000. ATTEST: MAW JO E LAND, City Secretary 2 City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON 4 This Possession and Use Agreement ( "Agreement, ") effective the /7 day of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City "), and 35/45 INVESTORS, L.P. a Texas limited partnership (the "Grantor "), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map (attached as Exhibits D, E, and F) and made a part of this Agreement by reference (the "Property "). 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys to the City exclusive possession and use of the Property for the purpose of constructing a highway or turnpike project and appurtenances thereto and the right to remove any improvements. This Agreement will extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. The City agrees that such work must be performed in a good, workmanlike and safe manner and in accordance with all laws, codes, statutes, rules, regulations and ordinances. The City will not allow any mechanics or materialmen Liens (or any other liens arising out of the City's possession of the Property) to attach to the Property. Finally, the City will (i) maintain the Property in good order and repair and will not allow waste on the Property and (ii) will not allow hazardous substances or waste to be stored or used on the Property except in de minimis and customary amounts in strict accordance with all laws, statutes, rules, regulations, codes and ordinances. 2. In full consideration for this irrevocable grant of possession and use, the City will tender to the Grantor the sum of One Hundred Dollars ($100.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. The City will be entitled to take possession and use of the Property upon tender of payment. 3. This Agreement is made with the understanding that the Parties hereto are simultaneously entering into a Real Estate Contract whereby the City agrees to purchase and the Grantor agrees to sell the Property for an agreed upon purchase price. Under the terms of said Real Estate Contract, the closing date may occur as late as December 1, 2000, but it is in the interests of the Parties hereto for construction of SH 45 to commence as soon as possible, which this Agreement will allow. Grantor warrants and represents that the title to the Property will be conveyed free and clear of all liens and encumbrances and that proper releases will be executed for the Property prior to funds being disbursed under said Real CI \WPDOCS \ACITY \SH 45 \Laeron[exa \]5_45 \P -ESnal Wpd /sls 1 Estate Contract. Grantor further warrants that no other person or entity owns an interest in the fee title to the Property. The Grantor further agrees to indemnify the City from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 4. If the City acquires additional real property from the Grantor or the Grantor's affiliates as part of the same transportation project for which the Property is being acquired, such acquisition of additional property shall not be deemed a second taking. Accordingly, Grantor or Grantor's affiliates shall be entitled to the fair market value of said additional property, but shall not be entitled to any increase in property value to the additional property resulting solely from the influence of the transportation project on the value of the additional property. 5. The purpose of this Agreement is to allow the City to proceed with its construction project without delay. 6. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 9. It is agreed the City will record this document. 10. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of its obligations to Purchase the Property under the terms of Real Estate Contract described in paragraph 3 above. 11. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. n th) In In witness whereof, this instrument is executed on this the c g day of August, 2000. 2 o th Accepted and agreed to by the City this the MO " day of August, 2000. BESS L. KNEPLEY Notary Public. State of Teas Ny CemmHebn E,pY$. Ow }t. MO CHRISTINE R. MARTINEZ MY COMMISSION EXPIOES August 5, 2001 Grantor: 35/45 INVESTORS, L.P. By: 35/4 Genpar, L.L.C., General Partner By: Willia Date: City o ;d Rock, T B :ip d . Ro.-rt A. Stluka, its M. ' or Acknowledgments State of Texas County of Williamson This instrument was acknowledged before me on August )7 2000 by Bill Smalling, Manager of 35/45 Genpar, L.L.C., the General Partner of 35/45 INVESTORS, L.P.. la,Qss L. Kn Notary Public in and for the State of Texas My commission expires , 2000 State of Texas County of Williamson n���/ This instrument was acknowledged before me on August .9 , 2000 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. Notary Public in and for the State of Texas My commission expires R — S p , 2001 3 gnature) typed name) County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT A. Page I of 2 Pages Property Description for Parcel 75 EXHIBIT D Being all that certain 0.022 of one acre (958 square feet) tract of land situated in the Jacob M. Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 3, Block F of the La Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the Williamson County Plat Records (W.C.P.R.). Said 0.022 of one acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,087.01, Y= 10,149,497.97) set at 267.78 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 519 +77.80, being in the proposed northerly right - of -way line of said SH 45, being in the existing easterly right -of -way line of La Frontera Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision, same beingin the westerly line of said Lot 3; 1. THENCE, South 50 °53'41" East, crossing said Lot 3 and along the proposed northerly right - of -way line of said SH 45, a distance of 64.03 feet to a %s -inch iron rod with TxDOT aluminum cap set at 217.67 feet left of and perpendicular to SH 45 Baseline Station 520 +17.65, and being in the southerly line of said Lot 3; 2. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 3, a distance of 25.00 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for the beginning of a tangent cut -back curve to the right; 3. THENCE, an arc distance of 23.56 feet along said cut -back curve to the right, with a Radius of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of North 57 °14'05" West, 21.21 feet (L= 23.56', R= 15.00', Delta =90 °00'00 ", CH =North 54 °45'08" West, 21.21') to a' /rinch iron rod with TxDOT aluminum cap set for the point of tangency, being in the easterly right -of -way line of said La Frontera Boulevard and the westerly line of said Lot 3; Z:14 17568\ PARCELS\ FINALS\M &B's\PAR75.doc 'L: 4. THENCE, North 12 °14'05" West (N 09 °45'08" W), along said easterly right -of -way line of La Frontera Boulevard and the westerly line of said Lot 3, a distance of 35.00 feet to the POINT OF BEGINNING and containing a computed area of 0.022 of one acre (958 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Tumer Collie and Braden, Inc. '---_,, C_,_,' 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 13, 2000 EXHIBIT A Page °- of ? Pages 4-17-0° Z:\ 417568 \PARCELSWINALS\M &B's \PAR75.doc NOTES: PROPOSED 5.H. 45 WHOLE PROPERTY INSET NOT TO SCALE IN09.45'08 N12•14'05'W 35.00' IL- 23.56'1 10.15.00'1 (A- 90.00'00'1 (c.N54.45'O8'WI 121.21'1 1.23.56' R- 15.00' A=90•00'00' C.N5T•14'05'0 21.21' 1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 03. CENTRAL 201E AND ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR CF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COAKITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT. RECORD INFORMATION SHOWN ON THIS PLAT IS BASED ON PUBLIC INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT. 3. P.U.E. INDICATES PUBLIC UTILITY EA5ELENT. 4. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 5. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS. 6. THIS PLAT 15 ACCOMPANIED BY A SEPARATE METES AND R0RO5 DESCRIPTION. 7. THE PROPOSED BASELINE 500011 HEREON 15 PER A DESIGN IC FILE PRO JT R. COLLIE AND BRADEN. INC. DA1E1 9 - /7. co JA DEAN CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 JACOB M. HARRELL SURVEY, A -284 \ P.O.B. PARCEL 15 X-3.131.087.01 \ 1.10.149.491.91 '14, STA. 519077.80 \267.18' 11. PROPOSED R.O.W. S.H. 45 5000 EASEMENT'', CABINET 5. .5LIDE5 69-76 , ♦\ it STA. 520.17.65 217.67 LT. PROPOSED R.O.W. S.H.. 45 1500.14'52'01 577.45'55'0 25.00' LOT 5. BLOCK F 6.17 ACRES LA FRONTERA SECTION 1110 CABINET 5 SLIDES 69 -76 W.C.P.R. RESERVED FOR FUTURE RIGHT -0F -WAY. BUT NOT DEDICATED BY THIS PLAT It 5.0. 45 520+00 5URV. _ECENO t - FOUND 16007 BRASS DISK IN CONCRETE ❑ < SET 10001 BRASS 015K IN CONCRETE O - SET ''i 11701 ROO W /TXDOT ALUM. CAP - 001ND '. IRON R00 UNLESS OTHERWISE NOTED ® - FOUND 4' x 4' CONCRETE MONUMENT A - CALCULATED POINT R . PROPERTY LINE 8. - BASELINE - UTILITY POLE LA FRONTERA SECTION 1118 CABINET 5. SLIDES 69 -76 W.C.P.R. LOT 3 BLOCK F 2.07 ACRES 15' P.U.E. C CABINET 5. SLIDES 69 -76 . , 0.C.P.R. 5.H.45 PARCEL PLAT FOR PARCEL 75 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. 35/45 INVESTORS. L.P. 227.8382 ACRES -00C-09848753 09848753 0.6.0.0.1. q CURVE DATA L . .230.95' R . 9.651.00' 7' C - O- 1.62•0 56'18' C P 121320..3' PGA 521,20.36 PT. TA 533+59.31 1 PIA 527314.98 X - 1.1149840151 Y - 10.149.401.09 I I ACREAGE SUMMARY (50.01.1 ■1101( PROPERTY AREA ACQUIRED REM EFNNER 90.343 958 89.385 7PAWN BY: JKB _ CHECKED BY: WJM G SURVCON INC PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899-8282. FAX (5121 899 -939( EMAIL: eustInesurvcon.com County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT A Page! of z Pages f� EXHIBIT 1 Property Description for Parcel 76 Being all that certain 0.172 of one acre (7,492 square feet) tract of land situated in the Jacob M. Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 through 68 of the Williamson County Plat Records (W.C.P.R.). Said 0.172 of one acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 1/2-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,129.69, Y= 10,149,003.76) set at 224.07 feet right of and perpendicular to State Highway 45 (SH 45) Baseline Station 519 +13.38, being in the proposed southerly right - of -way line of SH 45, also being in the westerly line of said Lot 1, and being in the easterly right - of -way line of La Frontera Boulevard (100 foot wide) as dedicated per the plat of La Frontera Section IIIB Subdivision recorded in Cabinet S, Slides 69 through 76 ( W.C.P.R.), said point being the beginning of curve to the right; 1. THENCE, an arc distance of 8.69 feet along the westerly line of said Lot 1, the easterly right - of -way line of said La Frontera Boulevard and along said curve to the right, with a Radius of 250.00 feet, a Delta Angle of 01 °59'32", a Chord Bearing and Distance of North 02 °51'49" East, 8.69 feet to a'' /z -inch iron rod with TxDOT aluminum cap set for the point of reverse curvature; 2. THENCE, an arc distance of 23.18 feet, continuing along the westerly line of said Lot 1, the easterly right -of -way line of said La Frontera Boulevard and along a curve to the left, with a Radius of 1,550.00 feet, a Delta Angle of 00 °5125 ", a Chord Bearing and Distance of North 03 °25'57" East, 23.18 feet (L= 23.18', R= 1,550.00', Delta =00 °51'25 ", CH =North 05 °54'50" East, 23.18') to a' /: -inch iron rod with TxDOT aluminum cap set for the beginning of a cut- back curve to the right; 3. THENCE, an arc distance of 19.57 feet, along said cut -back curve to the right, with a Radius of 15.00 feet, a Delta Angle of 74 °45'45 ", a Chord Bearing and Distance of North 40 °23'02" East, 18.21 feet (L= 19.57', R= 15.00', Delta =74 ° 45'44 ", CH =North 42 °52'00" East, 18.21') to a '/: -inch iron rod with TxDOT aluminum cap set for the point of tangency and being in the northerly line of said Lot 1 and the southerly line of Lot 5, Block F of said La Frontera Section IIIB Subdivision; Z: \41 7658 \PARCELS\FINALS\M &B's \PAR76.doc EXHIBIT A Page? of? Pages 4. THENCE, North 77 °45'55" East (N 80 °14'52" E), along the northerly line of said Lot 1 and the southerly line of said Lot 5, a distance of 429.06 feet to a %2 -inch iron rod with TxDOT aluminum cap set for the northeast corner of said Lot 1 and being in the northwesterly right - of -way line of F.M. 1325 (120 foot wide), said point being the beginning of a curve to the left; 5. THENCE, an arc distance of 43.01 feet along the easterly line of said Lot 1, the northwesterly right -of -way line of F.M. 1325 and said curve to the left, with a Radius of 1,014.93 feet, a Delta Angle of 02 °25'40 ", a Chord Bearing and Distance of South 52 °05'35" West, 43.00 feet to a %2 -inch iron rod with TxDOT aluminum cap set at 200.00 feet right of and perpendicular to SH 45 Baseline Station 523 +30.99, said point being the beginning of a curve to the left and being in the proposed southerly right -of -way line of said SH 45; THENCE, crossing said Lot 1 and along the proposed southerly right -of -way line of said SH 45, the following three courses: 6. An arc distance of 198.38 feet along said curve to the left, with a Radius of 9,367.80 feet, a Delta Angle of 01 °12'48 ", a Chord Bearing and Distance of South 78 °12'31" West, 198.38 feet to a TxDOT brass disk in concrete set at 200.00 feet right of and perpendicular to SH 45 Baseline Station 521 +28.36 and being the point of tangency; 7. South 77 ° 36'07" West, a distance of 198.21 feet to a '/2 - inch iron rod with TxDOT aluminum cap set for an angle point; 8. South 22 °28'29" West, a distance of 29.33 feet to the POINT OF BEGINNING and containing a computed area of 0.172 of one acre (7,492 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. Jay Dean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 April 17, 2000 Z:\4 17658 \PARCELS\FINALS\M &B's \PAR76.doc CURVE DELTA RADIUS CHORD DIRECTION CHORD LENGTH ARC LENGTH 01 01 250.00' 002 8.69' 0.69' C2 (.51'25'1 00 (1.550.00'1 (.550.00• 1NO5.94'S0'EI NO3.25'S1 "E (23.18'1 23.18' (23.10'1 23.18' 03 175'44 T 4.4 5'45" 115.00'1 15.00' 1642'52'00'01 640'23'02'E 110.21'1 0.21' 119.51 19.57' NOTES: WHOLE PROPERTY INSET NOT TO SCALE P.0.0. PARCEL 76 %-3.131.129.69 Y- 10.149.003.76 B 4.07 519+1].38 224.07' RT. S21 "W 199.21' PROPOSED R.O.W. S.H. 45 N77.36'07 "E CURVE TABLE 520+00 LA 000600RA SECTION IV 0.001 ACRE RIGHT -CF -WAY DEDICATION CABINET S SLIDES 66 -68 W. C.P.R. 1. BEARINGS AND 00000)NATE5 ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. RAD 83. CENTRAL 20NE AND ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WA5 PERFORMED 5ITHWT THE BENEFIT OF A COMMITIENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS ARO INFORMATION PERTAINING TO THIS TRACT. RECORD INFORMATION 5NO5N ON THIS PLAT 15 BASED ON PUBLIC INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT. JACOB M. HARRELL SURVEY. A -284 S.H. 45-2 (14 00. 14'52'E1 TT'45'S5'E STA. 519+30.15 200.00 RT. LOT 1. BLOCK K S22'20'29'0 1.42 ACRES 29.33' LA 000970RA SECTION IV CABINET S. SLIDES 66 -68 W.C.P.R. 3. P.U.E. INDICATES PUBLIC UTILITY EASEMENT. 4. 0.R.5.0.T. INDICATES OFFICIAL REC0R05 Q WILLIAM50N CWNTY TEXAS 5. W.C.G.R. INDICATES YILLIAIASON COUNTY DEE0 RECORDS 6. 0.0.P.0. INDICATES WILLIAMSON COUNTY PLAT BEC0R05 7. THIS PLAT IS ACCO10°ANIEO BY A SEPARATE METES AND BOUNDS DESCRIPTION. B. THE PROPOSED BASELINE SHOW HEREON I5 PER A DESIGN SCHEMATIC FILE PROM BY. TU . COLLIE AND BRADEN.. INC. 0ATE1 4- /7- OO JAY AN CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 50RVEY LEGEND I - FOUND TXDOT BRASS DISK IN CONCRETE ❑ - SET 2X000 BRASS DISK IN CONCRETE o . SET I•{ IRON ROD W /TX00T ALUM. CAP • - FOUND 6 1 IRON ROD UNLESS OTHERWISE NOTED ® - FOUND 4' W 4' CONCRETE MONUMENT • = CALCULATED POINT t - PROPERTY LINE B = BASELINE 1St - UTILITY POLE 35/45 INVESTORS. L.P. 227.8382 ACRES I DOC. .9848753 1 15' P.U.E. CABINET 5 SLIDES 66 -60 1. 198.30' R.9.367.80' C X1 . 12 . 40" =570.12 :190.38' IS' P.U.E. - .. 1 CABINET 5 SLIDES 69 -76 S.H.45 PARCEL PLAT FOR PARCEL 76 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. @ CURVE DATA L R = 0.562'80 - 02.22'17' CB. 182 PC. 52132.0,.13' PT= 533+59.31 PT= 523449.61 PI= 321314.98 X - 3.11440.51 Y - 10.149.0.401.09 '.LOT 5. 8100K F.'' ' 6.17 ACRES' r - 'tA'.FRONTERA .SECTION II 6681NET S 5LSOES 69 -76 W. P.R. RESERVED FOR FUTURE A1067 -OF -WAY. BUT NOT •'DEDICATED BY THIS PLAT ACREAGE SUMMARY (50.00.) PROPERTY AREA AC001RE0 REI1AIN0ER RIGHT 61.855 7.492 54.363 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (5121 899 -9390 EMAIL: custin@survcon.com SCALE: 1" = 100' JOB #: 417 -658 GATE: APRIL 2000 F.B. #: SH 45 DRAWN BY: JKB CAD FILE: par76 CHECKED BY: WJM County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT A Page I of 2 . Pages Property Description for Parcel 77 EXHIBIT F 1 Being all that certain 0.009 of one acre (392 square feet) tract of land situated in the Jacob M. Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract conveyed to 35/45 INVESTORS, L.P., recorded in Document Number 9848753 of the Official Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 2, Block G of the La Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the Williamson County Plat Records (W.C.P.R.). Said 0.009 of one acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 14-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,130,992.46, Y= 10,149,462.12) set at 253.07 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 518 +77.75, being in the proposed northerly right - of -way line of said SH 45, being in the existing westerly right -of -way line of La Frontera Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and. being in the easterly line of said Lot 2; 1. THENCE, South 12 °14'05" East (S 09 °45'08" E), along the easterly line of said Lot 2 and the westerly right -of -way line of said La Frontera Boulevard, a distance of 20.00 feet to a'Yz -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent cut -back curve to the right; 2. THENCE, an arc distance of 23.56 feet and along said cut -back curve to the right, with a Radius of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of South 32 °45'55" West, 21.21 feet (L= 23.56', R= 15.00', Delta =90 °00'00 ", CH =South 35 °14'52" West, 21.21') to a Y.-inch iron rod with TxDOT aluminum cap set for the point of tangency and being in the south line of said Lot 2; 3. THENCE, South 77 °45'55" West (S 80 ° 14'52" W), along the southerly line of said Lot 2, a distance of 10.00 feet to a V2-inch iron rod with TxDOT aluminum cap set at 218.14 feet left of and perpendicular to SH 45 Baseline Station 518 +52.66 and being the proposed northerly right -of -way line of said SH 45; 4. THENCE, North 23 °18'10" East crossing said Lot 2 and along the proposed northerly right - of -way line of said SH 45, a distance of 43.01 feet to the POINT OF BEGINNING and containing a computed area of 0.009 of one acre (392 square feet) of land, more or less. Z: \417658 \PARCELS \FINALS\M &B's\PAR77.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 13, 2000 EXHIBIT A Page Z of Z Pages Z:\ 4176581PARCELS \F[NALS\M &B's \PAR77.doc NOTES: WHOLE PROPERTY INSET NOT TO SCALE S' P.U.E. CABINET 5. SLIDES 69 -76 LA FRONTERA SECTION 1118 CABINET 5. SLIDES 69 -76 W.C.P.R. 11 PROPOSED 9.0.0. S.H. 45 4. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS JAY .EAR CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 35/45 INVESTORS. L.P. 227.8302 ACRES DOC. N9848753 O.R.W.C.T. 1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. HAD 03. CENTRAL 20146 AND ADJUSTED TO SURFACE USING AN ADJUSTIENT FACTOR OF 1.00012. 5. 6.6.6.9. INDICATES WILLIA050N COUNTY PLAT RECORDS 6. 1N15 PLAT 15 ACC014•ANIED BY • SEPARATE ME105 ANU BDUNO DESCRIPTION. 7. THE PROPOSED BASELINE SHOWN HEREON 15 PER A DESIGN SCHEMATIC FILE PROM T T COLLIE AND BRADE N. INC. NO Alt DATE: 4- I7- Oa JACOB M. HARRELL SURVEY. A -284 216.57' 77 "E I580'14'57'W1 577 10.00' STA. 518.77.65 216.OT' LT. LOT 2 BLOCK G 1.40 ACRES STA. 516.52.66 218.14 L SIGN EASEIENT CABINETS. / 5110(5 69 -76 / W.C.P.R. K // PROPOSED R.O.W. / S.H. 45 7. THIS SURVEY WAS MEWLED WITHOUT THE BENEFIT OF A C00411MENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TD THIS TRACT. n. RECORD INFORMATION 5HOWN ON THIS PLAT I5 BASED ON PUBLIC /3 INFORMATION. THE SIRIYEYDR HAS NOT ABSTRACTED 'THIS TRACT. 3. O.R.W.C.T. INDICATES OFFICIAL RECORDS 6 WILLIAMSON :t 0 Qr COUNTY. TExAS . ..181 SURVEY LEGEND ▪ - FOUND TX00T BRASS DISK IN CONCRETE ❑ - SET Tx00T BRASS 0(5K IN CONCRETE Q - SET '.i IRON R00 W /TXDOT ALUM. CAN z FOUND '.j IRON RDO UNLESS 010699156 NOTED = FOUND 4' X 4' CONCRETE MONUMENT • CALCULATED POINT R - PROPERTY LINE 116 0 1 - 65ELIN6 - y - UTILITY POLE P.G.B. PARCEL x- 3.130.942.46 11 1-10.149.462.12 5TA. 518+71.75 253.07' L1. 1509.45 512.14'46'E 1L .23.56' I 18=15.00'1 (A=90 (C=5 121.21'1 9 R- 15.00' C - 90.00'00' .532.45'55 21.21' Cc 1 > 10 o, 0WW ° ° p er 517+00 ..: 45 N77 _36'07( Z, WO _U U S.H.45 PARCEL PLAT FOR PARCEL 77 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899 -8282. FAX (512) 899 -939 EMAIL: oustinesurvcon.cob SCALE: 1" = 50' JOB #: 417 -658 )ATE: APRIL 2000 F.B. DRAWN BY: JKB : SH 45 CHECKED BY: WJM ACREAGE SUMMARY 450.F1.1 I 1 WHOLE PROPERTY AREA ACQUIRED REMAINDER LEFT 60.984 392 60.592 CAD FILE: por77 DATE: August 25, 2000 SUBJECT: City Council Meeting — August 28, 2000 ITEM: 3.A.1. Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement for Transportation Purposes with 35/45 Investors, L.P. regarding the SH -45 right -of -way. Staff Resource Person: Jim Nuse, Public Works Director. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2002003704 16 Pes I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. R- 00 -08- 28-3A1 which was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 28th day of August, 2000, as recorded in the minutes of the City of Round Rock in Book 43. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 11th day of January 2002. CHRISTINE R. MARTINEZ, City Secretary RESOLUTION NO. R- 00- 08- 28 -3A1 WHEREAS, in order to prepare for the construction of the westbound SH 45 frontage road project, it is necessary to obtain the right to possession and use of certain property belonging to 35/45 Investors, L.P., and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Possession and Use Agreement for Transportation Purposes with 35/45 Investors, L.P., to grant to the City the necessary rights for the construction of the westbound SH 45 frontage road project, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered At\ WPDOCS \PRSOLVPI \R00020A1.RPD /cc and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 28th day of August, 2000. ATTEST: JO NE LAND, City Secretary 2 ROBERT A. STLUKA, R., Mayor City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON § i This Possession and Use Agreement ( "Agreement, ") effective the /7 day of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City "), and 35/45 INVESTORS, L.P. a Texas limited partnership (the "Grantor"), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map (attached as Exhibits D, E, and F) and made a part of this Agreement by reference (the "Property "). 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys to the City exclusive possession and use of the Property for the purpose of constructing a highway or tumpike project and appurtenances thereto and the right to remove any improvements. This Agreement will extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. The City agrees that such work must be performed in a good, workmanlike and safe manner and in accordance with all laws, codes, statutes, rules, regulations and ordinances. The City will not allow any mechanics or materialmen liens (or any other liens arising out of the City's possession of the Property) to attach to the Property. Finally, the City will (i) maintain the Property in good order and repair and will not allow waste on the Property and (ii) will not allow hazardous substances or waste to be stored or used on the Property except in de minimis and customary amounts in strict accordance with all laws, statutes, rules, regulations, codes and ordinances. 2. In full consideration for this irrevocable grant of possession and use, the City will tender to the Grantor the sum of One Hundred Dollars ($100.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. The City will be entitled to take possession and use of the Property upon tender of payment. 3. This Agreement is made with the understanding that the Parties hereto are simultaneously entering into a Real Estate Contract whereby the City agrees to purchase and the Grantor agrees to sell the Property for an agreed upon purchase price. Under the terms of said Real Estate Contract, the closing date may occur as late as December 1, 2000, but it is in the interests of the Parties hereto for construction of SH 45 to commence as soon as possible, which this Agreement will allow. Grantor warrants and represents that the title to the Property will be conveyed free and clear of all liens and encumbrances and that proper releases will be executed for the Property prior to funds being disbursed under said Real C \HPDOCS \ACITY \SH 45 \laFrontera \35_45 \P- flnal.wpd /sls 1 Estate Contract. Grantor further warrants that no other person or entity owns an interest in the fee title to the Property. The Grantor further agrees to indemnify the City from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 4. If the City acquires additional real property from the Grantor or the Grantor's affiliates as part of the same transportation project for which the Property is being acquired, such acquisition of additional property shall not be deemed a second taking. Accordingly, Grantor or Grantor's affiliates shall be entitled to the fair market value of said additional property, but shall not be entitled to any increase in property value to the additional property resulting solely from the influence of the transportation project on the value of the additional property. 5. The purpose of this Agreement is to allow the City to proceed with its construction project without delay. 6. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 9. It is agreed the City will record this document. 10. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of its obligations to Purchase the Property under the terms of Real Estate Contract described in paragraph 3 above. 11. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. A tJv In witness whereof, this instrument is executed on this the aka day of August, 2000. 2 BESS L. KNEPLEY Notary Puehc, Stale of Texas Ny O 0x,S .. E.pM. Dc ]S. SOro CHRISTINE R MARTTNEZ MY CCSn „SS:YIi FXP,RE6 I } August 5, 21101 Grantor: 35/45 INVESTORS, L.P. By: 35/4 Genpar, L.L.C., General Partner City o By: Willis S ma Date: X /7 Acknowledgments 3 th Accepted and agreed to by the City this the di6 - day of August, 2000. d Rock, T xas Rol rt A. Stluka, its M for State of Texas County of Williamson This instrument was acknowledged before me on August 7 2000 by Bill Smalling, Manager of 35/45 Genpar, L.L.C., the General Partner of 35/45 INVESTORS, L.P.. 1 Mess L. Krt Notary Public in and for l the State of Texas My commission expires 1 �- , 2000 State of Texas County of Williamson 11��// This instrument was acknowledged before me on August �i0 , 2000 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. Notary Public in and for the State of Texas My commissi n expires R -s ,200 gnature) yped name) County: Williamson , Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT Page 1 of? Pages Property Description for Parcel 75 EXHIBIT D Being all that certain 0.022 of one acre (958 square feet) tract of land situated in the Jacob M. Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 3, Block F of the La Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the Williamson County Plat Records (W.C.P.R.). Said 0.022 of one acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a Y: -inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,087.01, Y= 10,149,497.97) set at 267.78 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 519 +77.80, being in the proposed northerly right - of - way line of said SH 45, being in the existing easterly right -of -way line of La Frontera Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision, same being in the westerly line of said Lot 3; 1. THENCE, South 50 °53'41" East, crossing said Lot 3 and along the proposed northerly right - of -way line of said SH 45, a distance of 64.03 feet to a 'A-inch iron rod with TxDOT aluminum cap set at 217.67 feet left of and perpendicular to SH 45 Baseline Station 520 +17.65, and being in the southerly line of said Lot 3; 2. THENCE, South 77 ° 45'55" West (S 80 ° 14'52" W), along the southerly line of said Lot 3, a distance of 25.00 feet to a V2 -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent cut -back curve to the right; 3. THENCE, an arc distance of 23.56 feet along said cut -back curve to the right, with a Radius of 15.00 feet, a Delta Angle of 90 ° 00'00 ", a Chord Bearing and Distance of North 57 °14'05" West, 21.21 feet (L= 23.56', R= 15.00', Delta =90 °00'00 ", CH =North 54 °45'08" West, 21.21') to a 'A-inch iron rod with TxDOT aluminum cap set for the point of tangency, being in the easterly right -of -way line of said La Frontera Boulevard and the westerly line of said Lot 3; Z:\ 417568 \PARCELS \TINA LS\M& B's\PAR75.doe EXHIBIT A Page? of Pages 4. THENCE, North 12 °14'05" West (N 09 °45'08" W), along said easterly right -of -way line of La Frontera Boulevard and the westerly line of said Lot 3, a distance of 35.00 feet to the POINT OF BEGINNING and containing a computed area of 0.022 of one acre (958 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. lay llean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 April 13, 2000 4 ,7.00 Z:\4 17568\PARCELS\ FINALS \M &B's \PAR75.doc NOTES: WHOLE PROPERTY INSET NOT TO SCALE 1909 "61 X12 4'05'9 35.00' IL-23.56'1 10..15.00'1 (4.90 IC:i454 - W) 121.21') 1..23.56' 11.15.00' 40 C=45T•14 "05'6 21.21' RECORDERS MEMORANDUM MI orparts of the text on this page was not clearly legible for satisfaawy recordation- 1. BEARINGS AND COORDINATES ARE BASED ON 7HE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 63. CENTRAL ZDHE AND ADJUSTED 10 SURFACE U51N0 AN AOJUSIMENT rACTOR OF 1.00012. 2. THIS SMVEY WAS PERFoRED 6ITN0U1 THE BENEFIT OF A comuil1EN1 FOR MILE INSURANCE AND MAY NOT INCLUDE EASEMENTS AHD INFORMATION PERTAINING TO THIS TRACT. RECORD INFO8MATION SHOWN ON THIS PLAT IS BASED ON PUBLIC INFORMATION. THE 5URWEIDR HAS NOT ABSTRACTED THIS TRACT. 3. P.O.C. INDICATES PUBLIC UTILITY (*5EMCN1. 1N01CA1E5 •11110050 COUNTT PLAT RECORDS 5. O.R.1.C.T. INDICATES OFFICIAL REC01i05 or 61LLIA46ON CO1NTr. TEXAS. 6. THIS PUT 15 ACCOV001E0 BY A SEPARATE METES A00 ROUNDS DESCRIPTION. 7. 134E PROPOSED BASELINE 530014 HEREON IS PLR A DESIGN TIC FILE PRO JTT R. COLLIE AND BRADEN. INC. DATE. 4-17-.7,9 JA DEAN CANINE REGISTERED PROFESSIONAL LAND SURWE108 1EXA5 REGISTRATION No. 4345 JACOB M. HARRELL SURVEY, A -284 ♦ P.0.8. PARCEL 15 X�3. 131.081.01 _ �10.149.49T.1T STA. 519�iT. eO PROPOSED R.O.W. S.H. 45 SIGN EASEMENT CABINET S. SLIDES 69 -76 ♦ r.c. v. R. ♦ 520400 1560.14'52'61 Si 1.45'55'6 25.00• STA. 520117.65 217.67 LI PROPOSED R.O.W. ` S.H.. 4 LOT 5. BLOCK F 6.17 ACRES LA FRONTERA SECTION IIIB CABINET 5 SLIMS 69 -76 RESERVED FOR FUTURE RIGHT-0F -WAY. BUT NOT DEDICATED BY THIS PLAT S.H. 45 SUBS'.. -EGEND FOIN0 7000T BRASS DISK IN CONCRETE • SET TX00T BRASS 0155 IN CONCRETE • SET 1 .( I0ON R00 7 /10001 AIUTA. CAP • 60UN0 1,K IRON ROD UNLESS OTHERWISE NOTED • FDINO 4' x 4' CONCRETE 401AAEN7 CALCULATED POINT - PROPERTY LINE • BASELINE UTILITY POLE LA 600575RA SECTION 1110 CABINET S. SLIDES 69 -76 LOT 3 BLOCK F 2.07 ACRES 15' P.O.E. CABINET 5. 5LIDE5 69 -76 S.H.45 PARCEL PLAT FOR PARCEL 75 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. 35/45 INVESTORS. L.P. 227.8382 ACRES ... It CURVE DATA L 1.230.95" A co CD PC PT X 01.22'17' 566.18"51 1.230.10' 521126.36 5]).59.31 527144.66 3.131.093.51 10.149.401.09 I I ACREAGE SUMM4RY 150.51.) 6006E PROPERLY AREA ACQUIRED REMAINDER LEFT 90.343 956 89.365 SCALE: 1" = 50' OATS: APRIL 2000 DRAWN 8Y: JKB CHECKED BY: WJM SURVCON INC PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9391 EMAIL: ousiinesurvcon.c0m JOB 22: 417 -658 F.B. u: 5H 45 CAD FILE: por75 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT �\ Page! of z Pages EXHIBIT Property Description for Parcel 76 Being all that certain 0.172 of one acre (7,492 square feet) tract of land situated in the Jacob M. Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot I, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 through 68 of the Williamson County Plat Records (W.C.P.R.). Said 0.172 of one acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a %z - inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,129.69, Y= 10,149,003.76) set at 224.07 feet right of and perpendicular to State Highway 45 (SH 45) Baseline Station 519 +13.38, being in the proposed southerly right - of -way line of SH 45, also being in the westerly line of said Lot I, and being in the easterly right - of -way line of La Frontera Boulevard (100 foot wide) as dedicated per the plat of La Frontera Section IIIB Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.), said point being the beginning of curve to the right; 1. THENCE, an arc distance of 8.69 feet along the westerly line of said Lot 1, the easterly right - of -way line of said La Frontera Boulevard and along said curve to the right, with a Radius of 250.00 feet, a Delta Angle of 01°59'32", a Chord Bearing and Distance of North 02 °51'49" East, 8.69 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for the point of reverse curvature; 2. THENCE, an are distance of 23.18 feet, continuing along the westerly line of said Lot 1, the easterly right -of -way line of said La Frontera Boulevard and along a curve to the left, with a Radius of 1,550.00 feet, a Delta Angle of 00 °51'25 ", a Chord Bearing and Distance of North 03 °25'57" East, 23.18 feet (L= 23.18', R= 1,550.00', Delta =00 °51'25 ", CH =North 05 °54'50" East, 23.18') to a'' Y2 -inch iron rod with TxDOT aluminum cap set for the beginning of a cut- back curve to the right; 3. THENCE, an arc distance of 19.57 feet, along said cut -back curve to the right, with a Radius of 15.00 feet, a Delta Angle of 74 °45'45 ", a Chord Bearing and Distance of North 40 °23'02" East, 18.21 feet (L= 19.57', R= 15.00', Delta =74 °45'44 ", CH =North 42 °52'00" East, 18.21') to a Yz - inch iron rod with TxDOT aluminum cap set for the point of tangency and being in the northerly line of said Lot 1 and the southerly line of Lot 5, Block F of said La Frontera Section IIIB Subdivision; Z:\4 1 7658 \PARCELS \FIN ALS\M& B's \PAR76.doc 4. THENCE, North 77 °45'55" East (N 80° 14'52" E), along the northerly line of said Lot 1 and the southerly line of said Lot 5, a distance of 429.06 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for the northeast corner of said Lot 1 and being in the northwesterly right - of -way line of F.M. 1325 (120 foot wide), said point being the beginning of a curve to the left; 5. THENCE, an arc distance of 43.01 feet along the easterly line of said Lot 1, the northwesterly right -of -way line of F.M. 1325 and said curve to the left, with a Radius of 1,014.93 feet, a Delta Angle of 02 °25'40 ", a Chord Bearing and Distance of South 52 °05'35" West, 43.00 feet to a 1/2-inch iron rod with TxDOT aluminum cap set at 200.00 feet right of and perpendicular to SH 45 Baseline Station 523 +30.99, said point being the beginning of a curve to the left and being in the proposed southerly right -of -way line of said SH 45; THENCE, crossing said Lot 1 and along the proposed southerly right -of -way line of said SH 45, the following three courses: 6. An arc distance of 198.38 feet along said curve to the left, with a Radius of 9,367.80 feet, a Delta Angle of 01 °12'48 ", a Chord Bearing and Distance of South 78 °12'31" West, 198.38 feet to a TxDOT brass disk in concrete set at 200.00 feet right of and perpendicular to SH 45 Baseline Station 521 +28.36 and being the point of tangency; 7. South 77 °36'07" West, a distance of 198.21 feet to a ''/ -inch iron rod with TxDOT aluminum cap set for an angle point; 8. South 22 °28'29" West, a distance of 29.33 feet to the POINT OF BEGINNING and containing a computed area of 0.172 of one acre (7,492 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. Jay Dean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 April 17, 2000 EXHIBIT A Page? of? Pages 4 - /7 - 00 Z:\4 176581PA RCELS\FINA LS\M &B's \PA R76.d oc CURVE DELTA RADIUS CHORD DIRECTION CHORD LENCTN ARC LENGTH Cl 01 250.00' NO2 "1 0.69' 0.69' C2 100 00 11.550.00'1 1.550.00' 1N05'54'50 1)03 123.10'1 23.10' 123.10 23.16' (3 174 14 115.00') 15.00' 1 )142 "El 040'23'02 "1 118.21'1 18.21' 119.57'1 19.57' N01E51 PROPOSED H. 45 WHOLE PROPERTY INSET NOT TO SCALE .(ECORDERS MEMORANDUM All or parts of the text on this page was not clearly legble for satisfactory recordation. P.O.B. PAREEL 76 X=3_131.129.69 Y•10.149.003.76 B STA. 519413.30 224.07' R1. 571 196.21' PROPOSED R.O.W. S.H. 45 1080'14'52 "E1 071.45'55'E 429.06' STA. 519430.15 200 -00 RT. LOT 1. BLOCK K 522 1.42 ACRES 29.33' LA FRONTERA SECTION IV CABINET S. SLIDES 66 -68 W.C_P.R. C2 CURVE TABLE 520W0 S.H. 45 LA 66051(RA SECTION IV 0.001 ACRE RIGHT -OF -WAY DEDICATION CABINET 5 SLIDES 66 -6B 1. 5(04)965 AHD COORDINATES ARE RASED OR THE 1EXA5 5TA1 PLANE (0)401NATE SYSTEM. HAD 63. CENTRAL 2011 AND ADJUSTED TO SURFACE USING AN AOJUSIMENT FACTOR OF 1.00012. 2. THIS 5044(Y WAS PERFORMED WITHOUT THE BENEFIT OF A (060)1(661 FOR TITLE INSURANCE AND 1100 N01 INCLUDE EASEMENTS AND INFORMATION PERTAINING TO IRIS TRACT. RECORD INFORMATION 5000)1 ON THIS PLAT IS BASED ON PUBLIC INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED IH15 TRACT. 3. P.U.E. 1(0ICATE5 Pu9L11 0)11119 EA51AE6T. 4. 0.5.0.0.7. INDICATES 0(FICIAL RECORDS OF WILl1AN5011 COUNTY TEXAS 5. W.C.O.R. INDICATES 0ILl1A1450N COUNTY DEED RECORDS 6. W.C.P.R. INDICATES 9)11)0M50N COUNTY PLAT RECORDS T. THIS PLAT 15 ACCOWANIED BY A SEPARATE METES AND 0000)5 DESCRIPTION. 0. THE PROPOSED BASELINE SHOWN HEREON IS PER *DESIGN 500ENATIC FILE PROM BT.TU • COLLIE 000088RADE0. INC. - DA0E1 / - / f-47' 12 Jr( AN CANINE REGISTERED PROFESSIONAL LAND SURVEYOR 1E%AS REGISTRAIIOH NO. 4345 JACOB M. HARRELL SURVEY. A -284 35/45 INVESTORS. L.P. 227.8382 ACRES I DOC. 0)9848753 1 1 =198.30' 8=9.360.80' A•01 CKTB' 12' 31'0 SURVEY LEGEND ▪ • FOUND TXDOI BRASS DISK IN CONCRETE ❑ - SET 100DT BRASS DISK IN CONCRETE o - SET Uj 10144 RDD Y /T■D0T ALUM. CAP • • FOUND 't I1109 RO0 UNLESS OTHERWISE NOTED ® • FOUNT) 4" K 4" CONCRETE MOMIMEOT • • CALCULATED POINT R • PROPERTY LINE B • BASELINE • UTILITY POLE C ABI N E T 5 J 5110(5 69-16 15' P.U.C CABINET 5 '• SLIDES 66 -6B SCALE: 1 100' ATE: APRIL 2000 CHECKED 8Y: WJM CURVE DATA L • 1.230.95' R = 9.561.00' A • 07 CO. 586 110. 1.230.10' PC= 521428.36 PT• S33 PI. 527+44.60 % - 3.131.093.51 Y - I0.149.401.09 .LOT 5. BLOCK F 6.17 ACRES' 5.6.70551(RA ...SECTION 1118 ' CPBINET 5 SLIDES 69 -76 RESERVED FOR FUTURE -JEIGH7- OF-WAY. BUT NOT DEDICATED BY THIS PLAT 4- X3.0 A.02.2 4.93' ♦.02'25'40• C.552'05'35 43.00' STA. 523430.99 200.00 RT. 5.0.45 PARCEL PLAT FOR PARCEL 76 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. JOB ACREAGE SUMMARY 800.FT.1 89101E PROPERTY AREA ♦(0111010 RE00)0010 61.055 7.492 54.363 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899 -8282. FAX (512) 899 - 9390 EMAIL: Gust inesurvcon•com N: 417 -658 F.B. J+: 5H 45 DRAWN BY: JKB CAD FILE: por76 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT A Page I of? Pages Property Description for Parcel 77 EXHIBIT F Being all that certain 0.009 of one acre (392 square feet) tract of land situated in the Jacob M. Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract conveyed to 35/45 INVESTORS, L.P., recorded in Document Number 9848753 of the Official Records of Williamson County, Texas (O.R. W.C.T.) and being out of Lot 2, Block G of the La Frontera Section IIIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the Williamson County Plat Records (W.C.P.R.). Said 0.009 of one acre tract being more particularly described by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at a 'A-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,130,992.46, Y= 10,149,462.12) set at 253.07 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 518 +77.75, being in the proposed northerly right - of -way line of said SH 45, being in the existing westerly right -of -way line of La Frontera Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and. being in the easterly line of said Lot 2; 1. THENCE, South 12 °14'05" East (S 09 °45'08" E), along the easterly line of said Lot 2 and the westerly right -of -way line of said La Frontera Boulevard, a distance of 20.00 feet to a '/z -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent cut -back curve to the right; 2. THENCE, an arc distance of 23.56 feet and along said cut -back curve to the right, with a Radius of 15.00 feet, a Delta Angle of 90 °00'00 ", a Chord Bearing and Distance of South 32 °45'55" West, 21.21 feet (L= 23.56, R= 15.00', Delta =90 °00'00 ", CH =South 35 °14'52" West, 21.21') to a 'cinch iron rod with TxDOT aluminum cap set for the point of tangency and being in the south line of said Lot 2; 3. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 2, a distance of 10.00 feet to a %z -inch iron rod with TxDOT aluminum cap set at 218.14 feet left of and perpendicular to SH 45 Baseline Station 518 +52.66 and being the proposed northerly right -of -way line of said SH 45; 4. THENCE, North 23 °18'10" East crossing said Lot 2 and along the proposed northerly right - of -way line of said SH 45, a distance of 43.01 feet to the POINT OF BEGINNING and containing a computed area of 0.009 of one acre (392 square feet) of land, more or less. Z:\417658 \PARCELS \FINALS\M &B's \PAR77.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 Tumer 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 13, 2000 EXHIBIT A Page Z of 2 Pages Z:\ 417658\ PARCELS \ FINALS 1Ivt& B's \PA R77.doc NOTES: WHOLE PROPERTY INSET 1580 S77 10.00' 51A. 518.77.65 2+8.07' u NOT TO SCALE 15' P.U.E. CABINET S. SV Iq ES 69 - 161 LA 66097(RA SECTION 1116 CABINET S. SLIDES 69 -76 8. C.P.R. 35/45 INVE51090. L.P. . 227.8382 ACRES DOC. 99848753 216.51' N71 PROPOSED R.O.W. S.H. 45 LOT 2 BLOCK G 1.40 ACRES 517+00 N77.36.0T'E S.N. 45 1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 53. CENTRAL NINE AND ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. 7. THIS SURVEY WAS PERFORIE0 611000T THE BENEFIT (8 A COM411LtENT FOR TITLE INSURANCE AND HAY NOT INCLUDE EASEMENTS AND INFO1HA11ON PERTAINING 10 THIS TRACT. RECORD INFORHAIION SHOWN ON INIS PLAT IS BASED DR PUBLIC •y'. INFDRIMIION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT. y 3. 0.R.5.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSO Ay t ,.., COUNTY. TEXAS 4. W.C.D.R. INDICATES 6ILLIAM501 COUNTY DEED RECOi0S 5. 5.6.8.8. INDICATES XILLIA14501 COUNTY PLAT RECORDS THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND IWtMOS DESCRIPTION. 7. THE PROPOSED BASELINE 500111 HEREON 15 PER A DESIGN SCHEMATIC FILE PROM T 7 [CLUE INNDD BRADEN. INC. 111 �_ / DAME: - /7 - JAY .E AN CANINE REGISTERED PROFESSIONAL LANG SURVEYDR TEXAS REGISTRATION NO. 4345 JACOB M. HARRELL SURVEY. A-284 S.A. 518.52.66 218.14' LT. SIGN EA5EIENT - CABINET5. .' SLIDES 69 -16 / PROPOSE. R.O.W. S.R. 45 7P 1.4 SURVEY LEGEND FOUND 10001 BRASS 0156 IN CONCRETE = SET 1X001 BOAS5 DISK IN CONCRETE 5E1 'ti IRON ROO w /TXOOT ALUM. CAP = FOUND '.i IRON R00 UNLESS OTHERWISE NOTED = F01N0 4' w 4' CONCRETE MONUMENT CALCULATED POINT = PROPERTY LINE = BASELINE • = UTILITY POLE 0 . 8 . PARCEL 17 3.130.992.46 10.119.462.12 8 STA. 518 +12.75 233.07' Ll. 1509'45'05'E/ 512 20.00' U IL 73 56') 1R =15.00'1 u=90•o0'00 1(=535'14'52'51 121.21'1 L =23.56' R =15.00' C- 532 21.21' tECORDERS MEMORANDUM MI or parts of the test on this page was not dearly legible for satisfactory recordation. ACREAGE SUMMARY 150.61.1 I I O E PROPERTY AREA ACQUIRED REMAINDER LEFT 60.904 392 60.592 5.8.45 PARCEL PLAT FOR PARCEL 77 COUNTY: WILLIAM50N GRANTOR:35 /45 INVESTORS. L.P SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899 -8282. FAX 15121 899 -939 EMAIL: custinesurvcon•c SCALE: 1 = = 50' ATE: APRIL 2000 RAWN BY: JKB CHECKED BY: WJM JOB #: 417 - 658 F.B. e+: 5H 45 CAD FILE: por77 1 o0- os -a8-3A FILED AND RECORDED OFFICIAL PUBLIC RECORDS e 01 -14 -2002` 10:27 AM 2002003704 ANDERSON $39.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664