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R-00-08-28-3A3 - 8/28/2000
RESOLUTION NO. R- 00- 08- 28 -3A3 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 Roadway Investments, 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 Roadway Investments, 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 Ei\ WPDOCS \RESOLUTI \R00BIBA3.WPU /BC 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: E LAND, City Secretary 2 R•: T A. STLUKA, J , Mayor City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement ( "Agreement, ") effective the /7 t day of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and Roadway Investments, L.P., Texas limited partnership (the "Grantor "), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map (attached as Exhibits A, B, and C) 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 CAWPUOCS \ACrry \sH 45\ LaProntera\ LaPronteraMulti- Pamily \P- final.pd /ele 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 reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 9. It is agreed the City will record this document. 10. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of its obligations to Purchase the Property under the terms of Real Estate Contract described in paragraph 3 above. 11. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the do d a y of August, 2000. 2 BESS L. KNEPLEY Notary Public, State of Texan ny Convi..knEx*. o.e.n.mw CHRISTINE R. MAR11NEZ MY CCM.M!SSION EXPIRES August 5, 2001 Grantor: Roadway Investments, L.P. By: 35/45 Holdin_s, L.L.C. General Partner By: William ma ing, M ger Date: 6 7 Accepted and agreed to by the City this the A u day of August, 2000. City of : • • d Rock, Texas By: Acknowledgments State of Texas County of Williamson This instrument was acknowledged before me on August 11 , 2000 by Bill Smalling, Manager of 35/45 Holdings, L.L.C., the General Partner of Roadwa Investments, L.P. Notary Public in and or the State of Texas My commiss }on expires 12 /• 22 , 200 State of Texas County of Williamson This instrument was acknowledged before me on August a8 2000 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. aludiLithtv ii457 -, 6 k /n/ ThUe2 Notary Public in and for the State of Texas My commission expires 8 -� - , 2001 3 Robert A. Stluka, its Ma signature) (typed name) ature) d name) County: Williamson Highway: State Highway 45 Limits: From West ofTJS 183 to FM 685 CSJ: .e4 t• i =':- r' .e Property Description for Parcel 72 Being all that certain 12.395 acre (539,926 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284 of Williamson County, Texas and being out of and a part of a called 1 02.64 acre tract conveyed to 35/45 INVESTORS, L.P. by deed recorded in Document Number 9903480 of the Official Records of Williamson County, Texas ( O.R.W.C.T.). Said 12.395 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 Texas Department of Transportation (TxDOT) brass disk in concrete (X = 3,128,841.71, Y = 10,148,959.93) set in the existing easterly right-of-way line of Old County Road 172 (width varies), being in the westerly line of said 102.64 acre tract and being in the proposed northerly right -of -way line of State Highway 45 (SH 45) at 224.36 feet left of and perpendicular to SH 45 Baseline Station 496 +69.34, being the northwest corner of the herein described tract, from which a'z -inch iron rod found for the northwest comer of said 102.64 acre tract bears North 20 °37'22" West (N 17 °51'34" W), 1,502.03 feet; 1. THENCE, North 77 ° 45'55" East, crossing said 102.64 acre tract and along the proposed northerly right -of -way line of SH 45, a distance of 1,190.96 feet to a Yz •inch iron rod with TxDOT aluminum cap set in the easterly line of said 102.64 acre tract and the westerly line of a called 227.8382 acre tract conveyed to 35/45 INVESTORS, L.P. by deed recorded in Document Number 9848753 O.R.W.C.T., being 220.97 feet left of and perpendicular to SH 45 Baseline Station 508 +60.30, same being the northeast comer of the herein described tract; 2. THENCE, South 20 °58'22" East (S18 °3973" E), along the line common to said 102.64 acre tract and said 227.8382 acre tract, a distance of 425.72 feet to a TxDOT brass disk in concrete set in the proposed southerly right -of -way line of SH 45 at 200.00 feet right of and perpendicular to SH 45 Baseline Station 509+23.77, and being the southeast comer of the herein described tract; THENCE, crossing said 102.64 acre tract and along the proposed southerly right -of -way line of SH 45, the following three courses: 3. South 77 ° 36'07" West, a distance of 438.45 feet to a TxDOT brass disk in concrete set for an angle point; 4, South 72 °35'51" West, a distance of 527.32 feet to a TxDOT brass disk in concrete set for an angle point; ' EXHIBIT A Page / of_ j_ 4176561parcel sldoc\PAR72.doc 5. South 77 °36'07" West, a distance of 277.03 feet to a '' /cinch iron rod with TxDOT aluminum cap set in the westerly line of said 102.64 acre tract and the westerly line of a called 1.31 acre portion of Old County Road 172 abandoned in Volume 47, Page 35 of the Williamson County Deed Records (W.C.D.R.), a 246.0CL feet right of and perpendicular to SH 45 Baseline Station 496 +82.97, and being the southwest corner of the herein described tract; THENCE, along the westerly line of said 102.64 acre and 1.31 acre tracts, the following four courses: 6. North 13 °17'07" West (N 10 ° 58'53" W), a distance of 52.61 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for an angle point; 7. North 06 °18'07" West (N 03 °59'49 "W), a distance of 51.00 feet to an angle point, from which a %a -inch iron rod found bears South 49 ° 42'35" West, 1.02 feet; 8. North 18 035'22" West (N 16 °17'04" W), a distance of 305.73 feet to a'/ -inch iron rod with TxDOT aluminum cap set for an angle point; 9. North 67 °13'08" East (N 69 °31'26" E), a distance of 23.15 feet to a' / -inch iron rod with TxDOT aluminum cap set for an angle point in said existing easterly right-of-way line of Old County Road 172; 10. THENCE, North 20 °09'52" West (N 17 °51'34" W), along said existing easterly right -of- way line of Old County Road 172, a distance of 59.47 feet to the POINT OF BEGINNING and containing a computed area of 12.395 acres (539,926 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 per a design schematic provided by Turner Collie and Braden, Inc. / 00 Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (513) 899 -8282 July 14, 2000 EXHIBIT /9 Page ' - of 4 417658\parcels \doc\PAR72.doc SURVEY LEC N3 • . REPO MCAT BRASS 0150 10 CWUIEM ❑ - SET T000r BRASS 0151 IN CONCRETE Q - SET I,z IRON R00 11/72007 ALUM. CAP A . FOUND I.s IRON ROO UNLESS OTNERMIS6 ■0750 ® . F0R10 4' • e CONCRETE 1101A1ARATI A - CALCVLAIED P17I51 I_ - 500050TY LINE • BA51(11NE UTILITY POLE 01.15'S5 5- 10.148.959.92 -- IL STA- 49„6.1429:3 - 1 5N10-50'53 N717'01 52.01' PROPOSED 11.0.0. S.H. 45 ST7'36 07 277.03 NOTES: 21 5ST1 .1a Ri T -91 1. NS 210 COORDINATES ARE BASED ON THE TEYAS STAVE FLAKE COORDINATE ACEUSINO 57 AN 002 1 1 1.11 FACTOR OF 1.00012JUSTEO TO S 2. THIS SURVEY DAS PERFORMED 1ITN1M ME BENEFIT OF A 50 4171110 FOR TITLE INSURANCE AND NAY 1117 INCLUDE EASEMENTS AND 11f00MAT10N 55048( /OM 70 T1113 TRAC7. RECORD N. INFORMATION. ME S m P E SURVEYOR 1100 0 0 7 0 05100 DOS TRACINFORMATION. SlIunt 3. 0.5.6.6.7. I451CATES OFFICIAL RECO105 CF WILLIAMSON COUNTY 75 4. W.C.D•R, IISICATES WILLIAMSON COUNTY 0000 RECORDS 5. 5.C.7.R. IMICATE5 WILLIAMSON COMITY PLAT RECOR05 6• 71115 PLAT I5 ACCOAMANIEO OT • SEPARATE METES AND 60180 DESCRIPTION. 7. THE PROPOSED 00551.111E SHOW HEREON 15 PER A D551 SCHEMATIC FILE PROVIDED BY TURNER, COLLIE AND 00005EN. INC. Hs TEXAS T 9571ST�l4 4715 JACOB SIRVET01 JACOB Y. HARRELL SURVEY, A -284 35/15 0IN645ACR ,P • ESt. OCR. *1003400 PROPOSED R.O.1. S.H. 45 .180.96' CONTROL OF ACCESS 500100 TA 35/45 INV 102, DOC. O.R 00 OLD COUNTY ROAD 172 27.3 r -q S.11. 45 - -_ ` WHOLE PROPERTY INSET c 6602x2 9 ,. ■ ? ° " �� D ,� .= r- Ih-- -Pf ---ifl 10-- - 4 1- IA 1 H77 36'07 "E 1 1 } ABAN0011052 PORTION OF OLD COUNTY ROAD 172„ - .. 1.31 ACRES 47/35 Wf -0715. :IAS49.12'05� 7Z 02 5011TR01 OF ACCESS A IL - 1 7 110 51.00' - - -" ACR 103400E W.C.T. SCALE: 1" = 100' ATE! MAR 2000 PROPOSED S.R. 45 5•0.0. Page 3 of 4 i -n SUMMARY (50. 7.1 SUIl1TCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78401 TELEPHONE (512) 899 -8282. FAX 15127 899 -9390 EMAIL: Ousti 400urvcon.com JOB #: 417 -558 F.B. u: SH 45 CAD FILE: por7Z -2h8 - 1 ORAWN BY: JKR CHECKED BY: WJM SHEET 3 OF 4 O 80RVEV LEGEND 0 sT &.401.85.31 g1 2E �- 1 512'35' S F--"1 PROPOSED R.O.H. S.H. 45- 505400 JACOB M. HARRELL SURVEY, A-284 36/48 102.645 L.P. ACRES DOC. .3+9903480 0.6.6.0.7. NTT'45'55 1.180.96' CONTROL OF ACCESS� .. • - - - -- - '� ` - _ CIF --=11 N77.36'0T'E CONTRDL.CLF ACCESS IIF-- -- ili = - II 35/45 10. INVESTORS. RES L.P. 00C. 118903480 O.R.W.C.T. @ STA. 508+60.30 220.97' LT. k S.H. 45-, PROPOSED R.O.W. S.H. 45 57T'7640T'W 4411.45 it 3,5!45 INVESTORS. L.P. 227.0302 ACR1:5 1 00C. +9849753 R.W. 2Ob.O0rA7- 7 B L0CN 4 11.751 ACRES SECTION E V A CABINET 5 SLIDES 66-68 5.11.45 W. C.P.R. PARCEL PLAT FOR PARCEL 72 COUNTY: WILLIAMSON 08ANT0R:35/15 INVESTORS. L.P. - FMB) TA005 BRASS 0155 IN COICRE10 ❑ • 90T TSEOT BRASS 0158 IN CONCRETE O - SET IZ IRON RCO W /TXOST AL11N. CAP a - F13I1110 1 1' IRON 500 UNLESS OTHERWISE ^`K^ - PoUNO 4' x e CONCRETE HOIOIIEHT .. CAI.CULATEO POINT R - PROPERTY 1.18E w R BA5ELI80 .al 071!177 PULE EXHIBIT Page 4 of_�_ G 9SJRVCON TNC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 999 -9292. FAX (5121 899 -9390 EMAIL: OustIn4survcon. 00m SCALE: 1" = 100' DATE: MAR 2000 DRAWN BY: JKB CHECKED 8Y: WJM JOB s: 417 - 659 F.B. #: 5R 45 CAD FILE: Par72 -sht-2 SHEET 4 OF 4 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT A Page of Z Pages EXHIBIT Property Description for Parcel 73 Being all that certain 8.899 acre (387,658 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.). Said 8.899 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 Y2-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,130,150.56, Y= 10,148,834.19) set at 179.47 feet right of and perpendicular to State Highway 45 (SH 45) Baseline Station 509 +20.68, being the northwest comer of Lot 1, Block J 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.), being in the westerly line of said 227.8382 acre tract and the easterly line of a called 102.64 acre tract as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9903480 (O.R.W.C.T.), said point being the southwest comer of the herein described tract; 1. THENCE, North 20 °58'22" West (N 18 °30'00" W), along the line common to said 227.8382 acre tract and said 102.64 acre tract, a distance of 404.96 feet to a V2-inch iron rod with TxDOT aluminum cap set at 220.97 feet left of and perpendicular to SH 45 Baseline Station 508 +60.30, being in the proposed northerly right -of -way line of said SH 45, and being the northwest corner of the herein described tract; 2. THENCE, North 77 °45'55" East, along said proposed northerly right -of -way line of SH 45, passing at 495.64 feet the southwest comer of Lot 3, Block G of La Frontera Section IIIB Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.), passing at 773.79 feet the common southerly corner of said Lot 3 and Lot 2, Block G of said La Frontera Section IIIB Subdivision, passing at 992.36 feet a'% -inch iron rod with TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of said SH 45, continuing along the southerly line of said Lot 2, passing at 1,002.36 feet a '/2 -inch iron rod set for the most southerly southeast comer of said Lot 2 and continuing for a total distance of 1,017.36 feet to a '/2 -inch iron rod with TxDOT aluminum cap set at 218.07 feet left of and perpendicular to SH 45 Baseline Station 518 +77.65 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 the northeast corner of the herein described tract; THENCE, along the existing westerly right -of -way line of said La Frontera Boulevard, the following two courses: 3. South 12 °14'06" East (S 09 °45'08" E), a distance of 3.94 feet to a V2 -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the right; 4. An arc distance of 401.42 feet along said curve to the right, with a Radius of 1,450.00 feet, a Delta Angle of 15 °51'43 ", a Chord Bearing and Distance of South 04 °18'14" East, 400.14 feet to a %2 -inch iron rod with TxDOT aluminum cap set at 182.03 feet right of and perpendicular to SH 45 Baseline Station 518 +21.30 and being the end of said curve; 5. THENCE, South 77 ° 45'55" West, passing at 20.00 feet a 'cinch iron rod with TxDOT aluminum cap set for the most northerly northeast comer of said Lot 1, Block J of La Frontera Section IV Subdivision, passing at 55.00 feet a '/2 -inch iron rod with TxDOT aluminum cap set for the point of intersection with the proposed southerly right -of -way line of said SH 45 and continuing along the proposed southerly right -of -way line of said SH 45 for a total a distance of 900.63 feet to the POINT OF BEGINNING and containing 8.899 acres (387,658 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. =ems Jay 1 ean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 April 14, 2000 C-� EXHIBIT A Page 2 of z Pages 4- I 1 aD 220.97' LT. PROPOSED S.H. 45 STA. 508.60 30 PARCEL 73 35/45 INVESTORS. L.P. 102.64 ACRES DOC. ++9903480 WHOLE PROPERTY INSET • NOT TO SCALE 510400 P.0 B. PARCEL 03 X -3 130.150.56 Y.I0.149.834.19 N01E51 - 9 5TA 59.20.68 ' 179.47 RT. 9. BEARINGS AND COORDINATES ARE BASED OM THE 1ExAS STATE PLANE COORDINATE 5Y5TE14. RAD 63. CENTRAL ZONE ARO ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT. RECORD INFORMATION SHOWN ON THIS PLAT I5 BASED ON PUBLIC INFORMATION. THE SURVEYOR NAS NOT ABSTRACTED THIS TRACT. 3. P.U.E. INDICATES PUBLIC UTILITY EASEMENT. 4. T.C.E. INDICATES TEIWORARY CONSTRUCTION EASEMENT. 5. 0.6.0.8. INDICATES WILLIAIMSON COUNTY PLAT RECOROS 6. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF 9116 0050N COUNTY. TEXAS T. THIS PLAT 15 ACCOMPANIED 81 A SEPARATE METES ANO BOUN05 DESCRIPTION. B. THE PROPO5E0 BASELINE 5010111 HEREON IS PER A DESIGN 5CNEMATIC FILE PRO .0Y T . COLLIE AND BRADEN. INC. DATE: - /7-do DEAN CANINE EG15TERE0 PROFESSIONAL LANG S*HYEYOH TEXAS REGISTRATION N0. 4345 SURVEY LEGEND • FOUND TX00T BRASS DISK IN CONCRETE - SET TxDOT BRASS 015K IN CONCRETE • SET ''t IRON R00 11/10000 ALUM. CAP • FOND M'i 18011 R00 UNLESS OTNER11152 N01E0 • FOUND 4' x 4' CONCRETE MONUMENT - CALCULATED POINT = PROPERTT LINE . BASELINE - UTILITY POLE LDT 3. BLOCK G 2.04 ACRES LA FRONTERA SECTION 1118 CABINET 5. SLIDES 69 -76 _CABINET W.C.P.R. 35/45 INVESTORS. L.P. 227.8382 ACRES .00C, )19848753 495.64' 77.45'55'E 1.017.36' PROPOSED R.O.W. S.N. 45 S.H. 45—\ N77•36'O7 - E 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. 79848753 0121 1.0.P. n. 4a -1A1 S.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. JACOB M.HARRELL SURVEY, A -284 PROPOSED R.O.W. 5.H. 45—\ 5T1 900.63' LOT 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET S. SLIDES 66 -68 DATE: APRIL 2000 ORAWN 8Y: JKB CHECKED BY: WJM 1 I ACREAGE SUMMARY 150.FT.1 WHOLE PROPERTY AREA ACOIIIRED 733.132 367.658 345.474 G SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899 - 8282. FAX 15121 899 EMAIL: oust inesurvcon. coat SCALE: 1 = 100' IJOB #: 417 -658 F.O. n: SH 45 CAD FILE: por73-6ht -1 SHEET 1 OF 2 SURVEY LEGEND t EOIND TXDOT BRASS DISK IN CONCRETE - SET TOOT BRASS DISK IN CONCRETE 0 - 0 - 5 77 7 IRON ROD W /TKDOT ALUM. CAP FOUND "t IRON R00 UNLESS OTHERWISE NOTED FOUND 4' x 4' CONCRETE MONUMENT CALCULATED POINT L - PROPERTY LINE 8. . BASELINE UTILITY POLE m 3s/45 7' ACRES P DOC. 779846753 O.R.W. C. T. LOT 3 BLOCK G 2.04 ACRES 278.15 PROPOSED R.O. W.. S. H. 45--\ 577.45'55'W •. PROPOSED R.0.8. 5.H. 45 • LA FRONTERA SECTION 1116 CABINET S. SLIDES 69 -76 W.C.P R. LA FRONTERA SECTION IV 0.002 ACRE RIGHT -OF -WAY DEDICATION CABINET 5. SLIDES 66 W.C.P.R. 900.63' 35/45 INVESTORS. L.P. 227.8382 ACRES L'OY 1. BLOCK J DOC.E7 9848753 • 71.758 ACRES O.R.W.C.T. LA FRONTERA SECTION 10 CABINET 5. SLIDES 66 -68 w.C.P.R. LOT 2 N77.45'55'E 1.017.36 DETAIL 1509'45'OB'E1 • A • 512.14.06'E • 3.94 LOT 2 BLOCK G 1.40 ACRES PROPOSED R.O.W. / S.H. 45 g STA. 518452.66 218.14• LT 218.57 N77•45'55'E 1.017.36' PROPOSED 8.0.6. S.H. 45 SEE DETAIL 0 515400 l STA. 5i8 +21.30 182.03' RT. • uiiul iN SL 10E5 67-16 T r.c.r.A. 1.401 42' 6.1.450.00' 8.15'51'43' • C.504 400.14' 35.00' 20 ; 00' • • 1509,45 08 (8 S12'1 S.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. I tT � `� G SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899-939 EMAIL: oust inesurvcon. 0088 SCALE: 1" = 100' JOB #: 417 -658 DATE: APRIL 2000 F.B. +Y: 5H 45 DRAWN BY: JKB CAD FILE: por73 -sht -: CHFCKFD RY: W.IM SHEET 2 OF 2 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: J.14176581M &B's\PAR74.doc EXHIBIT _ Page I of 4 Pages EXHIBIT c 1 Property Description for Parcel 74 Being all that certain 6.172 acre (268,852 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, and being out of a remainder 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.), being all of Lot 5, Block F of the La Frontera Section BIB Subdivision, recorded in Cabinet S, Slides 69 through 76 of the Williamson County Plat Records ( W.C.P.R_). Said 6.172 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 V2-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,797.66, Y= 10,149,589.62) set in the proposed northerly right -of -way line of State Highway 45 (SH 45), being the northeast comer of said Lot 5 and being in the westerly line of Lot X as conveyed to said 35/45 INVESTORS, L.P., recorded in Document No. 9848753 O.R.W.C.T. as conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded under Document No. 9844186 O.R.W.C.T. at 220.92 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 526 +79.15, said point being the northeast comer of the herein described tract; 1. THENCE, South 05 ° 32'08" East (S 03 °03'10" E), along the easterly line of said Lot 5 and the westerly line of said Lot X, a distance of 308.78 feet (308.81') to a 1/2 -inch iron rod with TxDOT aluminum cap set in a curve to the left and being in the existing northerly right -of- way line of F.M. 1325 (120 feet wide); 2. THENCE, an arc distance of 301.54 feet along said curve to the left, with a Radius of 1,014.93 feet, a Delta Angle of 17 °01'23 ", a Chord Bearing and Distance of South 61 °49'07" West, 300.44 feet to a %2 -inch iron rod with TxDOT aluminum cap set for the northeast comer of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 -68 W.C.P.R.; 3. THENCE, South 77 ° 45'55" West (S 80 ° 14'52" W), along the southerly line of said Lot 5 and the northerly line of said Lot 1, a distance of 440.57 feet (440.69') to a 'A -inch iron rod with TxDOT aluminum cap set at 182.33 feet right of and perpendicular to SH 45 Baseline Station 519 +24.99, being in the existing easterly right -of -way line of La Frontera Boulevard (100 feet wide) as dedicated per plat of said La Frontera Section MB Subdivision and being in a non - tangent curve to the left; • EXHIBIT _ Page 2 of 4 Pages THENCE, along the existing easterly right -of -way line of said La Frontera Boulevard and the westerly line of said Lot 5, the following two courses: 4. An arc distance of 400.77 feet along said curve to the left, with a Radius of 1,550.00 feet, a Delta Angle of 14 °48'52 ", a Chord Bearing and Distance of North 04 °49'39" West, 399.65 feet to a %z -inch iron rod with TxDOT aluminum cap set for the point of tangency; 5. North 12 °14'06" West (N 09 °45'08" W), a distance of 3.94 feet to a %z -inch iron rod with TxDOT aluminum cap set for the northwest corner of said Lot 5, at 217.78 feet left of and perpendicular to SH 45 Baseline Station 519 +77.65; 6. THENCE, North 77 °45'55" East (N 80 °14'52" E), along the northerly line of said Lot 5, passing at 40.00 feet a %z -inch iron rod set for the point of intersection with the proposed northerly right -of -way line of said SH 45 and continuing along the north line of said Lot 5 and the proposed northerly right -of -way line of said SH 45, passing at 382.66 feet the southeast comer of Lot 3, Block F of said La Frontera Section IIIB Subdivision and continuing for a total distance of 443.57 feet to a %z -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the right; 7. THENCE, an are distance of 270.67 feet continuing along the proposed northerly right -of- way line of said SH 45, the northerly line of said Lot 5 and along said curve to the right, with a Radius of 3,316.89 feet, a Delta Angle of 04 °40'32 ", a Chord Bearing and Distance of North 80 °06'11" East, 270.60 feet (L= 270.67', R= 3,316.89', Delta =04 °40'32 ", CH =North 82 °35'08" East, 270.60') to the POINT OF BEGINNING and containing 6.172 acres (268,852 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. Jay Dean Canine 6 -14-00 Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 1, 2000 rw1765804 &B's\PAR74 doe #f JAY DEAN CANINE 4345 •`. e � s � cwE.� -1 . / SURVEY LEGEND ' FOUN0 TKDOT BRASS 0150 IN CONCRETE ❑ - SET T10100 BRASS DISK IN CONCRETE o - SET .{ IRO1 R0) 03730OT ALUM. CAP • - FOUND . 't IRO! ROD UNLESS OTHERWISE NOTED 0 - FOUND 4' x 4' CONCRETE MOMENT 35/45 INVESTORS. L.P. REMAINDER OF CALLED 227.8382 ACRES DOC. 49848753 O.R.W.C.T. LOT 3 PROPOSED R.D.W. BLOCK F LA FRONTERA S.N. 45 2.07 ACRES SECTION II18 z1�E 1nR - ___ "____CA8INE7- S._SLIOES 69 -76 a1cFS n -7c'" W.C.P.R,. \ 5' P.U.E. 40. �' ` ._ 1NET 1 y. SLIDES 69-76 C.P.R. 8 ! STA. 519 +77.6 217.78' LT. STA. 519+24.99 182.33' RT. CALCULATED POINT PROPERTY LINE BASEL DE UTILITY POLE 41109 15 D8 'WI N12. 3 .94 ♦ i JAY DEAN CANINE REGISTERED PRCFE5S10NAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 CO " >p -> , STA. 52091.65 217.67 LT. N77 "E L- 400.77' R- 1.550.00' 1- 14 C- 1104.49'39'8 399.65' CONTROL OF ACCE 1 LA FRONTERA SECTION IVl 0.001 ACRE RIGHT-OFWAY_ DEDICATION CABINET 5 SLIDES 66-68 W. C.P.R. 1580.14'52'8 517.45'55'8 \ --PROPOSED R.O.W. S.N. 45 LOT 1. BLOCK K 1.42 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66-68 6.0.0.8. DATES G- X4.00 JACOB M. HARRELL SURVEY, A -284 d.I I I t � IC L V - -- --•J L n I LOT 5. BLOCK F CALLED 6.17 ACRES . +J . • LA FRONTERA ,- 1 I I �+ SECTION CABINET 1118 B SLIDES 69/(6 ` x.G.R RESER •FOR FUTURE I a RIGHT -WAY. BUT NOT i DED1CA EBD BY THIS PLAT T .. 1 @ S.H. 451 OF ACCESS 0 NOTES) 1. BEARINGS AND COORDINATES BASED ON 11E TEXAS STATE PLANE COORDINATE SYSTEM. RAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS 5)050? WAS PERFORMED WITIID37 TIE BENEFIT OF A C01MI7TENT FO1 TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE TRACTS. RECORD IIFO006TId4 511001 ON THIS MAP I5 BASED 011 PUBLIC RECORD 3. R P.0.T.C.T. INDICATES REAL PROPERT OF TRAVI5 COUNTY TEXAS 4. 0.8.8.0.7. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY TE 5. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FIL 8Y TURNER. COLLIE AND BRADEN. INC. 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 8. T.C.E. INDICATES TEWORARY C0N5TRUCTION EASEAEHT 9. 8.0.7.6. INDICATES 01LLIAMSON COUNTY PLAT REC0R05 B. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS 10. 7.0.7.0. INDICATES TRAVIS CONTY PLAT RECORDS 11. T.C.D.R. INDICATES TRAVIS CORBY DEED RECORDS NIT•4 4443.57' PROPOSED R.O.W. S.H. I I I 45 15'�yU.E. 1 L∎T0/.54' Gl9TIET S. "..I R.•I 93' SLI'E5.61 -6 440.691'i A N '9 I I 301.44 07' 440.57' \ •• " 700.11' CHECKED BY: WJM CURVE DATA L - 1.230.95' - 9.567.80' C - 01 22'17" C9- 1.230. 'SI'E CO- 1.230.10 PC- 521 +26.36 PT- 537+99.31 PI- 527+44.68 O - 3.131.893.51 Y - 10.149.401.09 N LL (J) w Z J 5.9.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L P SCALE: 1" = 100' DATE: JUNE 2000 DRAWN BY: JKB ACREAGE SUMMARY 150.77.) YHOLE PRCPER7Y AREA ACQUIRED 80011 8 RE: ENDER 6.172 1268.852] 6.172 (268.8321 0 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899 -8282. FAX 1512> 899 -9390 EMAIL: austInesurvcon. com JOB #: 417 -658 F.B. #: SH 45 AD FILE: par74 - sht - 1 SHEET 3 OF 4 0 • A e SURVEY 1E4E110 LJJ 1Si. I81 ` 1 : 5/S4fD 1 1 f 1 ' 111,!4, I 8-1.014.93' C.461' I'23' C4561 07 300.4 ' Y. HARRELL -URVEY, A -284 35/45 159027OR5. L.P. REMAINDER OF LA FRONTERA 227.8382 ACRES SECTION 1110 DOC. 049848753 CABINET 5. SLIDES 69 -76 0.8.11.0. T. ■ , W. C. P. R. ii L.170.67' I ..'(8.0.316.89'1 (Ab 02'35 2'1 (C . 02 94 E1 (270.60 1 1470.67' R ■.31 6 89' .04 11 C$160• 11'E d 270.60',* • 524514.65 � 1T. 2. g7.ACRES S:R:•45 PROPOSED R.O.W. N7f•455 444.57' +780 S ' z E CV 1i --------- \ \ 1` 1 5. LL � • CD _� t ■ 617 ACRES 'L9 FRONTERA 1 SECTION I11 1 1 1 I CA�BINET ` «1 �SUIDES 69-76 .1 7 � 1P` C.P.R. FUTURE 1 IGH T , - 0F' - AYR A IJ_) 1I1 = DEDICATED, B Y. BUT NOT g.,9, I 1DEDICI(TE'D, B7 THIS PLAT BRATTON CEMETERY FOUND TXOOT BRASS DISK IN CONCRETE SET TXDOT BRASS OISE IN CONCRETE SET '.2 IRON RDD W /7X007 ALIN. CAP FOUND 1 .' IRON ROD UNLESS OTHERWISE NOTED FOUND 4' x 4' CONCRETE NONBENT CALCULATED POINT PROPERTY LINE BASELINE UTILITY POLE Q S. H. 45 35/45 IN 227 P. DOC. 049 8753 O. R, W. 8 C. T. LP X OKYE L1 IOPAENT y CAL ACR EN EA SHIP O.R .9844186 ES 1 LA F BON7ER 3 115 ACRES CABINET R ESLIOES129W- 290 -295 AT .0.8. CONTROL OF ACCESS X-3.137.797.66 Y.10.149.589.62 8 STA. 526+79.15 220.92' LT. LA FROHTE 82� A CABI RS SLI SE 7290295 ATI W. C. P. R . CONTROL OF ACCESS •, R.OPkPSSHO 45 TOM E. NELSON. JR.. TRUSTEE N0. 11. TRACT IV PARCEL 2 CALLED 3.233 ACRES 10084/93 -103 R.P.R. T.C.T. 1481/701 -711 O. R. W. C. T. S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: oustInesurvcon.com SCALE: 1' = 100' DATE: JUNE 2000 DRAWN BY: JKB CHECKED 8Y: WJM F.B. n: SH 45 I / JOB #: 417 -658 CAD FILE: p0r74 -sht - 2 SHEET 4 OF 4 DATE: August 25, 2000 SUBJECT: City Council Meeting — August 28, 2000 ITEM: 3.A.3. Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement for Transportation Purposes with Roadway Investments, L.P. regarding the SH -45 right -of- way. Staff Resource Person: Jim Nuse, Public Works Director. POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON § This Possession and Use Agreement ( "Agreement, ") effective the /7' of August, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and Roadway Investments, L.P., Texas limited partnership (the "Grantor"), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map (attached as Exhibits A, B, and C) 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 C: \NPDOCS \ACITY \5N 45\ Larrontera\ LarronteraNUlrl- Pamily \P- final.1pd /ale 4 y 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 reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 9. It is agreed the City will record this document. 10. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of its obligations to Purchase the Property under the terms of Real Estate Contract described in paragraph 3 above. 11. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the el da y of August, 2000. 2 State of Texas County of Williamson CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August5, 2001 Grantor: Roadway Investments, L.P. By: 35/45 Holdings, L. General Partner By: // i William S. �alll g, M ger r • Date: �!/ City o Rock, Te ,s By. ' :�^ � %//./41` Robert A. Stluka, its Mayo o and agreed to by the City this the pt 6 { d ay of August, 2000. Acknowledgments This instrument was acknowledged before me on August 1 7 , 2000 by Bill Smalling, Manager of 35/45 Holdings, L.L.C., the General Partner of Roadway Investments, L.P. szs L kt Notary Public in and fo the State of Texas My commission expires ,2000 State of Texas County of Williamson This instrument was acknowledged before me on August c?g, 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 B - 5 - , 2001 3 ature) ed name) County: Williamson Highway: State Highway 45 Limits: From West of11S 183 to FM 685 CSJ: Property Description for Parcel 72 Being all that certain 12.395 acre (539,926 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284 of Williamson County, Texas and being out of and a part of a called 102.64 acre tract conveyed to 35/45 INVESTORS, L.P. by deed recorded in Document Number 9903480 of the Official Records of Williamson County, Texas ( O.R.W.C.T.). Said 12.395 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 Texas Department of Transportation (TxDOT) brass disk in concrete (X = 3,128,841.71, Y = 10,148,959.93) set in the existing easterly right -of -way line of Old County Road 172 (width varies), being in the westerly line of said 102.64 acre tract and being in the proposed northerly right -of -way line of State Highway 45 (SH 45) at 224.36 feet left of and perpendicular to SH 45 Baseline Station 496 +69.34, being the northwest comer of the herein described tract, from which a'''/ -inch iron rod found for the northwest comer of said 102.64 acre tract bears North 20 °37'22" West (N 17 °51'34" W), 1,502.03 feet; 1. THENCE, North 77 ° 45'55" East, crossing said 102.64 acre tract and along the proposed northerly right -of -way line of SII 45, a distance of 1,190.96 feet to a' /cinch iron rod with TxDOT aluminum cap set in the easterly line of said 102.64 acre tract and the westerly line of a called 227.8382 acre tract conveyed to 35/45 INVESTORS, L.P. by deed recorded in Document Number 9848753 O.R.W.C.T., being 220.97 feet left of and perpendicular to SH 45 Baseline Station 508 +60.30, same being the northeast comer of the herein described tract; 2. THENCE, South 20 °58'22" East (S18 °39'23" E), along the line common to said 102.64 acre tract and said 227.8382 acre tract, a distance of 425.72 feet to a TxDOT brass disk in concrete set in the proposed southerly right -of -way line of SH 45 at 200.00 feet right of and perpendicular to SH 45 Baseline Station 509 +23.77, and being the southeast comer of the herein described tract; THENCE, crossing said 102.64 acre tract and along the proposed southerly right -of -way line of SH 45, the following three courses: 3. South 77 ° 36'07" West, a distance of 438.45 feet to a TxDOT brass disk in concrete set for an angle point; 4. South 72 °35'51" West, a distance of 527.32 feet to a TxDOT brass disk in concrete set for an angle point; EXHIBIT Page / of__ 417658 \parcels \ doc \PAR72.doc 5. South 77 °36'07" West, a distance of 277.03 feet to a '/2 -inch iron rod with TxDOT aluminum cap set in the westerly line of said 102.64 acre tract and the westerly line of a called 1.31 acre portion of 01d County Road 172 abandoned in Volume 47, Page 35 of the Williamson County Deed Records (W.C.D.R.), at 246.00 feet right of and perpendicular to SH 45 Baseline Station 496+82.97, and being the southwest corner of the herein described tract; THENCE, along the westerly line of said 102.64 acre and 1.31 acre tracts, the following four courses: 6. North 13 °17'07" West (N 10 ° 58'53" W), a distance of 52.61 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for an angle point; 7. North 06 °18'07" West (N 03 °59'49 "W), a distance of 51.00 feet to an angle point, from which a '/z-inch iron rod found bears South 49 ° 42'35" West, 1.02 feet; 8. North 18 °35'22" West (N 16 °17'04" W), a distance of 305.73 feet to a'/ -inch iron rod with TxDOT aluminum cap set for an angle point; 9. North 67 °13'08" East (N 69 °31'26" E), a distance of 23.15 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for an angle point in said existing easterly right -of -way line of Old County Road 172; 10. THENCE, North 20 °09'52" West (11 17 °51'34" W), along said existing easterly right -of- way line of Old County Road 172, a distance of 59.47 feet to the POINT OF BEGINNING and containing a computed area of 12.395 acres (539,926 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 per a design schematic provided by Turner Collie and Braden, Inc. Registered Professional Land Surveyor � Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (5I3) 899 -8282 July 14, 2000 EXHIBIT Page 4 of 4 4176581pareclsldoc\PAR72.doc 7.0.0. 51RVEY LEGEND • - aRO 7W007 00A55 DISK IN cn1CRE10 (] - 5ET TK00T 00255 015K IN Lv 0001E Q - 5E7 lit 1NON R00 N/T000T ALIN. CAP • n FOUND l (004 R00 UNLESS OTHERWISE NOTED - 10.1,0.559.57 .. R. STA. 9� 15.36 LT.__.•_'_ F0A0 1 N 4' COMMIX 1.12IA.N.f1R CALCO.ATEO POINT PROPERTY 1.114E BA5EL1NE UTILITY POLE CONTROL OF ACCESS B.31'26 '0' 23.15 �R-' ''� I IA's -P N77 1 } 1 4 010'5B'S3'O) NT 32.61 it NOTES: 3 -57 1. BEARINGS ATV COORDINATES ARE BASED ON 100 TE1N.5 STATE PLANE SURACEAUSI5751244. run 03.3. OF E 0001 ADJUSTED TO 2. T1175 sway WAS PERFORMED WITHOUT THE BENEFIT OF A C0IYITIENT ECM TITLE INSURANCE ARO MAY JOT INCLUDE EASEMENTS AIM 1NFORNATIDt1 PERTAINING TO THIS TRACT. IINFORNAT 50 1105 THIS HOT ABSTRACTED E BSTRACTED 7NISS TRACT. PROPOSED R.O.W. 5.H. 45 577.35 OT 277.0 JACOB M. HARRELL SURV EY, A -264 35/95 102 .54 ACRES, 5 002. 405903,100 a.g w.c . PROPOSED R.O.W. 5.11. 45 1.100.56' 51)0500 TA. 460 00 35/45 INY 102. 00C. 0.11 E WHOLE PROPERTY D COUNTY 0045 172 PROPOSED 5.5. 45 �ABANOEN0E0 ,1 PORTION 04 01.0 050 72 _ 1 NTT ACRE005 1 ��1 ,1 47/35 N� -0'1R. ' u 5,9 72 CONTROL OF ACCESS IIL .1 . II II OE A IL 1 ill --------11 M06. 1!'Of ^I� SUMMARY <50. T.1 3. 0.0.W.C.T. INDICATES OFFICIAL RECOR05 OF WILLIAMSa4 COUNTY TE 4. 0.0.5.0. 5ro1CATE5 WILLIANSCN c00515 DEED RECORDS 5. 0.0.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 5. THIS PLAT 15 A 00070NIEO 0Y • SEPARATE NET0S AND DOWND DESCRIPTION. T. THE F110PCSE0 BA5ELINE SNOW HEAE01 IS PER A DESIGN SCHE51AT0 FILE PROVIDED BY T00N01. COLLIE AND 00401. INC. DATE, 7-2f -icy REGISTERED E 00 074 T ON • OHM. ND SURVEYOR LAND w12:.N la *2 4. JAY DEAN CANINE 'h,'P 4345 , 91. 1 6 • SuR, $URVCON INC. PROFESS]ONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8202. FAX (512) 899 -9390 EMAIL: c,stInasurvcon.com /00 #: 917 F.S. #: SH 45 CAD FILE: par72 -aht -1 SHEET 3 OF 4 SCALE: 1" = 100' GATE: MAR 2000 DRAWN BY: AB CHECKED BY: WJM r' 1 505400 { 574.901485.11 5T2•!5S 5 � 2T o-- Su9VEY IECENO R + FORAM T000T BRASS 0155 IN CONCRETE .. SET TX00T BRASS OIss IN 29101219 o SET I- :9 I 900 911XOOT ALUH. CM q - 205110 Iz mop Rao UNLESS OTNN4 • - 20UN0 4. 5 4' 10909ETE 40011ENT • - CAI POINT R - PROPERTY LINE 8 BASELINE UTILITY POLE JACOB g.HARRELL SURVEY. A -284 55/45 10266454 L.P. 5955 00C. 49903480 0.0.14.0.7. N77'46'65'E 1.190.96' NTT 76' 07"E 15/15 102.645 INVESTORS. L.P. ES 00C. 1+9905400 EXHIBIT Page 4 of L 574, 560+90.50 220.57' LT. CONTROL 06 ACCESS _ 1 ---- '- III S.H. 45-, CONTRDk+IT ACCES m PftOPDSED R.O.W. S.H. 45 577'!6.0 4 iaa DiPA! LOT 1 LA FR ACRES SECTION E 1V A CABINET 5 5L10ES 69-68 5.6.45 W.C.P.9. PARCEL FLAT FOR PARCEL 72 COUNTY: WILLIAMSON ORANTOR:35 /45 INVESTORS. L.P. BV VCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 76701 TELEPHONE (5121 899 -8282. FAX 4512) 899 -9390 EMAIL: custIna1Urvcon.com SCALE: I 100' GATE: MAR 2000 BRAWN BY: JK8 CHECKED BY: WJ 35/45 INVESTORS. L.P. ' f 000 8 179 04 8143 I 0.R.W.C.T. JOB 1 0: 417 -656 F.B. tr 5N 45 AO FILE: par72 -shy ' SHEET 4 OF 4 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT A Page 1 of 2 Pages EXHIBIT (, i Property Description for Parcel 73 Being all that certain 8.899 acre (387,658 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.). Said 8.899 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 '/ -inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,130,150.56, Y= 10,148,834.19) set at 179.47 feet right of and perpendicular to State Highway 45 (SH 45) Baseline Station 509 +20.68, being the northwest corner of Lot 1, Block J 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.), being in the westerly line of said 227.8382 acre tract and the easterly line of a called 102.64 acre tract as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9903480 (O.R.W.C.T.), said point being the southwest corner of the herein described tract; 1. THENCE, North 20 °58'22" West (N 18 °30'00" W), along the line common to said 227.8382 acre tract and said 102.64 acre tract, a distance of 404.96 feet to a 1/2-inch iron rod with TxDOT aluminum cap set at 220.97 feet left of and perpendicular to SH 45 Baseline Station 508 +60.30, being in the proposed northerly right -of -way line of said SH 45, and being the northwest corner of the herein described tract; 2. THENCE, North 77 °45'55" East, along said proposed northerly right -of -way line of SH 45, passing at 495.64 feet the southwest comer of Lot 3, Block G of La Frontera Section IIIB Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.), passing at 773.79 feet the common southerly comer of said Lot 3 and Lot 2, Block G of said La Frontera Section IIIB Subdivision, passing at 992.36 feet a %2 -inch iron rod with TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of said SH 45, continuing along the southerly line of said Lot 2, passing at 1,002.36 feet a 1/2-inch iron rod set for the most southerly southeast comer of said Lot 2 and continuing for a total distance of 1,017.36 feet to a 1/2-inch iron rod with TxDOT aluminum cap set at 218.07 feet left of and perpendicular to SH 45 Baseline Station 518 +77.65 being in the existing westerly right - 6f- -way line of La Frontera Boulevard (100 foot wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and being the northeast corner of the herein described tract; THENCE, along the existing westerly right -of -way line of said La Frontera Boulevard, the following two courses: 3. South 12 °14'06" East (S 09 °45'08" E), a distance of 3.94 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the right; 4. An arc distance of 401.42 feet along said curve to the right, with a Radius of 1,450.00 feet, a Delta Angle of 15 °51'43 ", a Chord Bearing and Distance of South 04 °18'14" East, 400.14 feet to a '/cinch iron rod with TxDOT aluminum cap set at 182.03 feet right of and perpendicular to SH 45 Baseline Station 518 +21.30 and being the end of said curve; 5. THENCE, South 77 °45'55" West, passing at 20.00 feet a 1/2-inch iron rod with TxDOT aluminum cap set for the most northerly northeast corner of said Lot 1, Block J of La Frontera Section IV Subdivision, passing at 55.00 feet a 1/2-inch iron rod with TxDOT aluminum cap set for the point of intersection with the proposed southerly right -of -way line of said SH 45 and continuing along the proposed southerly right -of -way line of said SH 45 for a total a distance of 900.63 feet to the POINT OF BEGINNING and containing 8.899 acres (387,658 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 l ean� e Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 April 14, 2000 EXHIBIT A Page 2 of 2 Pages 6 STA. 608.60.30 220.97' LT. NOTES: 35/45 INVESTORS. L.P. 102.64 ACRES OOC. 049903480 .-WHOLE PROPERTY INSET NOT TO SCALE X 0 0 • 510+00 P.0 B. PARCEL 73 0- 3.130.150.56 Y.10.148.134.19 57A 99•]0.68 119.4 1 01. 1. BEARINGS AND COORDINATES ARE BA5E0 di THE TEXAS STATE PLANE COORDINATE SYSTEM. MAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A11 ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERF0RME0 WITNOIT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AHD INFORMATION PERTAINING TO THIS TRACT. RECORD INFORMATION 5H0WN ON THIS PLAT I5 BASED ON PUBLIC INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT. 3. P.U.E. INDICATES PUBLIC UTILITY EASEMENT. 4. T.C.E. INDICATES TEMPORARY CONSTRUCTION EASEMENT. 5. 5.C.P_R. INDICATES 8I11101SON COUNTY PLAT RECORDS 6. O.R.W.C.T. INDICATES OFFICIAL 8EC0805 OF 811110MSON COUNTY. TEXAS 0. THIS PLAT I5 ACCOMPANIED BY A SEPARATE METES AHD BOUNDS DESCRIPTION. SURVEY LEGEND 8. THE PROPOSED BASELINE SHOW HEREON 15 PER A OESICN SCHEMATIC FILE PRO .BY T . COLLIE AND BRADEN. INC. dig", DATET / DEAN CANINE EGISTEREO PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4345 FOUND T %DOT BRASS DISK IN CONCRETE - SET 7X000 BRASS 015K IN CONCRETE SET I,' IRON R00 0 /TX00T ALUM. CAP FOUND li IRON ROO UNLESS OTHERWISE NOTED FOUND 4' x 4' CONCRETE I0041EN1 • CALCULATED POINT LOT 3. BLOCK G 2.04 ACRES PROPERTY LINE LA FRONTERA = B SECTION 1118 BASELINE ....., CABINET S. SLIDES 69 - UTILITY POLE W.C. P. A. ... .. . 35/45 INVESTORS. L.P. 227.8382 ACRES • 000...N(9B4B753 495.64' 577•45'S5'W 900.63' tAel W.c.r.M. if 1i� 171.45'SS'E 1.017.36' PROPOSED 8.0.8. S.H. 45 J T E IL S.0. 45--\ Nii•36'07'E 35/45 INVESTORS. L.P. 227.8382 ACRES OOC. +1848753 PROPOSED R.O.W. S.H. 45 JACOB M. HARRELL SURVEY. A -284 LOT 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET S. SLIDES 66 -68 S.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. 274.154 L.P. I /AT ACREAGE SUMMARY 050.FT.) Wa.E P0081811 733.132 *CONED SAT.6 REMAINO LEFT ERI 345.474 SCALE: 1' = 100' .ATE: APRIL 2000 RAWN BY: JKB CHECKED BY: WJM JOB F.O. : 417 -658 tt: SH 45 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 76701 TELEPHONE 15121 899 -8282. FAX 05121 899 -939 EMAIL: CUStineSUr100n. C001 CAD FILE: Par73 -sht -1 SHEET 1 OF 2 SURVEY 1E0E60 • - FOUND TK00T BRASS DISK IN CONCRETE *❑ - SET TK00T BRASS DISK IN CONCRETE o - SET IRON ROD Y /TK00T ALUM. CAP • - FOUND '. IRON R00 UNLESS OTHERWISE NOTED ® - FOUND 4' x 4' CONCRETE MONUMENT A - CALCULATED POINT t - PROPERTY LINE xx4� - BASELINE 11L - UTILITY POLE m '15./45 227:8382 NT L.P. ACRES ' DOC. #9848753 O. R. W. C. T. LOT 3 BLOCK G 2.04 ACRES 218.15' 677•35'07'E 515400 35/45 INVESTORS. L.P.. 227.8382 ACRES 00C.# 9848753 • 0.0. W.C•T. PROPOSED R.O.M. S.H. 45 • LA FRONTERA SECTION 1118 CABINET S. SLIDES 69 -76 W.C•P R. 71.45'55 "E LA FRONTERA SECTION IV 0.002 ACRE RIGHT -OF -WAY DEDICATION CABINET 5. SLIDES 66 -68 PROPOSED R. 0•W /. S. H. 45 517.45'55'0 l 900.63' •' COY 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66 -60 W.C.P.R. LOT 2 N77 1.017.36' • DETAIL • N.T.S. LOT 2 BLOCK G 1.40 ACRES PROPOSED R.O.W S.H. 45 STA. 516+52.66 218.14 LT. 218.57' 162.03' RT. 35.00' • • • 1 512'14'06 I 'E 1.011.36' PROPOSED R.O.W. S.H. 45 SEE DETAIL 8 STA. 516.17.65 245.01' LT. S STA. 596421.30 ASZIENT L- 401.42' R- 1.450.00" 8.15,'91'43' • 04504' 15' 14 "E 400.14' DATE: APRIL 2000 DRAWN BY: JKB CHFCKFn RY: • • • 1509 45 08 El S1*'14'06 •E 5.0.45 PARCEL PLAT FOR PARCEL 73.• COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. I I` o SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST, SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899-939 EMAIL: oustinesurvcon.co SCALE: 1" = 100' IJOB r+: 417 -658 F.B. l+: SR 45 CAD FILE: por73-sht -: SHEET 2 OF 2 EXHIBIT _ Page 1 of 4 Pages County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: Property Description for Parcel 74 EXHIBIT Being all that certain 6.172 acre (268,852 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, and being out of a remainder 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.), being all of Lot 5, 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 6.172 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-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,797.66, Y= 10,149,589.62) set in the proposed northerly right -of -way line of State Highway 45 (SH 45), being the northeast comer of said Lot 5 and being in the westerly line of Lot X as conveyed to said 35/45 INVESTORS, L.P., recorded in Document No. 9848753 O.R.W.C.T. as conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded under Document No. 9844186 O.R.W.C.T. at 220.92 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 526 +79.15, said point being the northeast comer of the herein described tract; 1. THENCE, South 05 °32'08" East (S 03 °03'10" E), along the easterly line of said Lot 5 and the westerly line of said Lot X, a distance of 308.78 feet (308.81') to a 1/2 -inch iron rod with TxDOT aluminum cap set in a curve to the left and being in the existing northerly right -of- way line of F.M. 1325 (120 feet wide); 2. THENCE, an arc distance of 301.54 feet along said curve to the left, with a Radius of 1,014.93 feet, a Delta Angle of 17 °01'23 ", a Chord Bearing and Distance of South 61 °49'07" West, 300.44 feet to a %z -inch iron rod with TxDOT aluminum cap set for the northeast corner of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 -68 W.C.P.R.; 3. THENCE, South 77 °45'55" West (S 80 °14'52" W), along the southerly line of said Lot 5 and the northerly line of said Lot 1, a distance of 440.57 feet (440.69') to a'' /z -inch iron rod with TxDOT aluminum cap set at 182.33 feet right of and perpendicular to SH 45 Baseline Station 519 +24.99, being in the existing easterly right -of -way line of La Frontera Boulevard (100 feet wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and being in a non - tangent curve to the left; J. \417658\M &B's\PAR74.doc EXHIBIT Page 2 of 4 Pages THENCE, along the existing easterly right -of -way line of said La Frontera Boulevard and the westerly line of said Lot 5, the following two courses: 4. An arc distance of 400.77 feet along said curve to the left, with a Radius of 1,550.00 feet, a Delta Angle of 14 °48'52 ", a Chord Bearing and Distance of North 04 °49'39" West, 399.65 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for the point of tangency; 5. North 12 °14'06" West (N 09 °45'08" W), a distance of 3.94 feet to a %z -inch iron rod with TxDOT aluminum cap set for the northwest corner of said Lot 5, at 217.78 feet left of and perpendicular to SH 45 Baseline Station 519 +77.65; 6. THENCE, North 77 ° 45'55" East (N 80 ° 14'52" E), along the northerly line of said Lot 5, passing at 40.00 feet a %z -inch iron rod set for the point of intersection with the proposed northerly right -of -way line of said SH 45 and continuing along the north line of said Lot 5 and the proposed northerly right -of -way line of said SH 45, passing at 382.66 feet the southeast comer of Lot 3, Block F of said La Frontera Section 1TIB Subdivision and continuing for a total distance of 443.57 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the right; 7. THENCE, an are distance of 270.67 feet continuing along the proposed northerly right -of- way line of said SH 45, the northerly line of said Lot 5 and along said curve to the right, with a Radius of 3,316.89 feet, a Delta Angle of 04 ° 40'32 ", a Chord Bearing and Distance of North 80 ° 06'11" East, 270.60 feet (L= 270.67', R= 3,316.89', Delta =04 ° 40'32 ", CH =North 82 °35'08" East, 270.60') to the POINT OF BEGINNING and containing 6.172 acres (268,852 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. ■O - ay • ean Canine Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 June 1,2000 I \417658\M &B's\PAR74 doc SURVEY LEGEND - FOUND 7000T BRASS DISK IN CONCRETE ❑ - SET 7XOOT BRASS DISK IN CONCRETE O - SET IRON RUD W /1X007 ALUM. CAP JACOB M. HARRELL • e FOUND V IRON ROD UNLESS OTHERWISE NOTED ® n FOUND 4' K 4' CONCRETE IKNUMENT A - CALCULATED POINT 35/45 INVESTORS. L.P. REMAINDER OF CALLED 227.8382 ACRES DOC. 119848753 O.R.W.C.T. LOT 3 PROPOSED R.O.M. BLOCK F LA FRONTERA S. N. 45 2.07.ACRES SECTION IIIB 1105 4*80671 _______________ CABINET 69 - 76 sixi.0 iv W.C.P.R,. I STA, 519 +77.65 . 15' P.U.E. ,. 217.78' LT. 40.00' \ ' ` r S. SLIDES 69_76 : L = PROPERTY LINE • BASELINE 1 St - UTILITY POLE B. STA. 519424.99 182.33' RT. NOTOSI 5. N942'14'96'1 W 3.31 ♦ a JAY DEAR CANINE REGISTERED RTONI.L 34 SURVEYOR TEXAS REGISTRATION ON N0. 4345 STA. 520+17.65 217.67' LT. N77 520+00 1 400.77' R- 1.550.00' •• 4+14•48'52' C'104 399.65' LA FRONTERA SECTION IV 0.001 ACRE RIGHT- 00007 8 DEDICATION CABINET S SLIDES 66-68 W.C.P.R. CONTROL CF ACCE (580.14 -'5208 577.45'55'11 \-- PROPOSED R.O.W. S.H. 45 LOT 1. BLOCK K 1.42 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66-68 W. C.P.R. SURVEY, A -284 II I-1 I I F, /-CONT110L OF ACCESS i5 I LL w1 I N @, S.H. - 451 I I I- T-1 i--, -J LW.I LOT 5. BLOCK F • A CALLED 6.17 ACRES 1.* I. * i I N _ • LA FRONTERA , � SECTION IIIB CABINET S -* I W SLIDES 69.16 z 877.45 413.ST PROPOSED R.O.W. S.H. 45 N. C.I+:T1. I RESERVEIY'FOR FUTURE • RIGHT -NAY. OUT PLA DEDICATED BY THIS PLAT 1 0080 E. SL 10Ei R ie 140.57' 69 4CC ••L 410. 1 1. BEARINGS AND COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CFJNTRAN. ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTIEHT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THESE TRACTS. ,R INFORMATION SHOWN ON THIS YAP IS BASED ON PUBLIC RECORD 3. INFORMATION. THE ICATES 0044. HAS ABSTRACTED TPAVI5 [MINTY TEXAS 4. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF ■ILLIAIOON COUNTY TEX 714E BASELINE 5440184 HEREON I5 PER A DESIGN SCHEMATIC FIL BY TURNER. COLLIE ASO BRADEN. INC. 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 8. T.C.E. INDICATES TEMPORARY 00N5700005DN EASEEENT 9. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 8. 8.0.0.8. INDICATES WILLIAMSON CONTY DEED RECORDS 10. T.C.P.R. INDICATES TRAYTS COUNTY PLAT RECORDS 11. T.C.P.R. INDICATES TRAVIS COUNTY DEED RECORDS 0 t i. 1 Ld01.54' Q R- 1.011.93' 4417 I I C•661.19'O7'11 < !00.11' 10 CURVE DATA L - 1.230.95' e - 0741'17' CB- SW6'1 VS) . E CO- 1.230.10 PC- 521s28.36 PT- 533,59.31 PI- 327314.68 X - 3.131.693.51 T - 10.149.401.09 J S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: Dustinesurvcon.com SCALE: 1 = 100' GATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM ACREAGE SUMMARY 150.FT.) WHOLE PROPERTY AREA ACQUIRED 105 8EW 1HTER 6.172 (268.8521 6.172 1266.8521 JOB 43: 417 -658 F.B. #i: 5)1 45 CAD FILE: por74 -sht -1 SHEET 3 OF 4 LLI —J N74.45 \5"[ \(1030 52'9 t 880770N CEMETERY SURVEY LECENO • . FWNO TXDOT BRASS 0156 IN CONCRETE ❑ . SET TXDOT BRASS 0156 IN CONCRETE O a SET ' IRON RDO 9/TXDOT ALUM. CAP • FOUND 'Z' IRON ROD UNLESS OTHERWISE NOTED ® • FOUND 4' x 4' CONCRETE MONUMENT A . CALCULATED POINT ▪ PROPERTY LITE IL • BASELINE 1S . UTILITY Pal 'OB M. HARRELL .,URVEY, A -284 35/45 INVESTORS. L.P. 227.8382 ACRES SECTION TI RA B DOC. x9848753 CABINET 5. SLIDES 69 -76 O.R.W.C.T. W.C.P.R. (L 270.67'1 , Lb� 3' ' (R 5.316.09' ) DL O& F p4 IA..4 0'�2'I 2 ACRES (270.60 2:24 0TO.67' S5D R. PROPOSEED iR.O. W. 0110 ' 1'E 270.6 T0.60'e if Lcril S. BLOCK F .StsTION III Y "1 I 1171 1 ' t 10711.54' t • Q . 0.1.014.93' t CA1 . 49'07 t'23' 56 C 30 . 0 300.4 ' S. H. 45 00 848753 O. R. W. C. i. WA VELOP f LA �A8 g W. C.P.R. 290 -295 0 C ONTROL OF ACCESS X5.131.797.66 1 .10.149.509.62 6 STA. 526+79.15 220.92' LT. LO7 X A SECT E5 14 FC B eli f Pi R 51290 (295 LA " CONTRO OF ACCESS TOM E. NELSON. JR.. TRUSTEE N0. II. C 3 233 A 10084/93 -103 R.P.R.T.C.T. 1481/701 -711 B. R. W. C. T. S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: aust)nesurvc0n.com SCALE: 1 = 100' DATE: JUNE 2000 DRAWN BY: JK8 CHECKED BY: WJM •, R a 45 J08 #: 417 -658 F.B. #: SH 45 CAD FILE: pa^74 - sht - 2 SHEET 4 OF 4 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. R- 00 -08- 28-3A3 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. 2002003711 19 pes an CHRISTINE R. MARTINEZ, City Secretary RESOLUTION NO. R- 00- 08- 28 -3A3 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 Roadway Investments, 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 Roadway Investments, 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 \ NPDOCS \RESOLUTI \RODB2BA3.WPD /ac and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. ATTEST: RESOLVED this 28th day of August, 2000. & J0 E LAND, City Secretary 2 T A. STLUKA, J'., Mayor City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON t5 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 Roadway Investments, L.P., Texas limited partnership (the "Grantor"), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map (attached as Exhibits A, B, and C) 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 C: \HPOOCS \ACI?y \SH 45 \LaProntera \LaFtonteraMultl Pamily \P- tlnal.Cpd/ela 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 reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 9. It is agreed the City will record this document. 10. It is agreed that Grantor may elect to terminate this Agreement if the City is in default of its obligations to Purchase the Property under the terms of Real Estate Contract described in paragraph 3 above. 11. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the d$ day of August, 2000. 2 B William ma mg, M j�1 ger Date: , Accepted and agreed to by the City this the A u day of August, 2000. State of Texas County of Williamson ,';FitViiks CHRISTINE R. NIAR; MY l , August 5. 2001 Grantor: Roadway Investments, L.P. By: 35/45 Holdin•s, L.L.C. General Partner City of t • • d Rock, Texas � • / Robert A. Stluka, its Ma r By: Acknowledgments This instrument was acknowledged before me on August ) { , 2000 by Bill Smalling, Manager of 35/45 Holdings, L.L.C., the General Partner of Roadwa Investments, L.P. Notary Public in and or the State of Texas My commiss }on expires 12 .22 — , 200 State of Texas County of Williamson This instrument was acknowledged before me on August a5', 2000 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. l�fb �t/JtiffLu /e. 1 ature) �' hebli JE /PA,e% /n1E2 (ty d name) Notary Public in and for the State of Texas My commission expires 8 -5 - , 200 1 3 signature) (typed name) County: Williamson Highway: State Highway 45 Limits: From West ofUS 183 to FM 685 CSJ: Property Description for Parcel 72 Being all that certain 12.395 acre (539,926 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284 of Williamson County, Texas and being out of and a part of a called 102.64 acre tract conveyed to 35/45 INVESTORS, L.P. by deed recorded in Document Number 9903480 of the Official Records of Williamson County, Texas (O.R.W.C.T.). Said 12.395 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 Texas Department of Transportation (TxDOT) brass disk in concrete (X = 3,128,841.71, Y = 10.148,959.93) set in the existing easterly right -of -way line of Old County Road 172 (width varies), being in the westerly line of said 102.64 acre tract and being in the proposed northerly right -of -way line of State Highway 45 (SH 45) at 224.36 feet left of and perpendicular to SH 45 Baseline Station 496 +69.34, being the northwest corner of the herein described tract, from which a '/z-inch iron rod found for the northwest comer of said 102.64 acre tract bears North 20 °37'22" West (N 17 °51'34" W), 1,502.03 feet; 1. THENCE, North 77 °45'55" East, crossing said 102.64 acre tract and along the proposed northerly right -of -way line of SI1 45, a distance of 1,190.96 feet to a '/x -inch iron rod with TxDOT aluminum cap set in the easterly line of said 102.64 acre tract and the westerly line of a called 227.8382 acre tract conveyed to 35/45 INVESTORS, L.P. by deed recorded in Document Number 9848753 O.R.W.C.T., being 220.97 feet left of and perpendicular to SH 45 Baseline Station 508 +60.30, same being the northeast corner of the herein described tract; 2. THENCE. South 20 °58'22" East (S18 °39'23" E), along the line common to said 102.64 acre tract and said 227.8382 acre tract, a distance of 425.72 feet to a TxDOT brass disk in concrete set in the proposed southerly right -of -way line of SH 45 at 200.00 feet right of and perpendicular to SH 45 Baseline Station 509 +23.77, and being the southeast comer of the herein described tract; THENCE, crossing said 102.64 acre tract and along the proposed southerly right -of -way line of SH 45, the following three courses: 3. South 77 °36'07" West, a distance of 438.45 feet to a TxDOT brass disk in concrete set for an angle point; 4. South 72 °3551" West, a distance of 527.32 feet to a TxDOT brass disk in concrete set for an angle point; EXHIBIT A Page / of�_ 417658 \parc els \doc \PAR72.d oc 5. South 77 °36'07" West, a distance of 277.03 feet to a Vz -inch iron rod with TxDOT aluminum cap set in the westerly line of said 102.64 acre tract and the westerly line of a called 1.31 acre portion of Old County Road 172 abandoned in Volume 47, Page 35 of the Williamson County Deed Records (W.C.D.R.), at 246.00 feet right of and perpendicular to SH 45 Baseline Station 496 +82.97, and being the southwest corner of the herein described tract; THENCE, along the westerly line of said 102.64 acre and 1.31 acre tracts, the following four courses: 6. North 13 °17'07" West (N 10 ° 58'53" W), a distance of 52.61 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for an angle point; 7. North 06 °18'07" West (N 03 0 59'49 "W), a distance of 51.00 feet to an angle point, from which a %z -inch iron rod found bears South 49 °42'35" West. 1.02 feet; 8. North 18 °35'22" West (N 16 °17'04" W), a distance of 305.73 feet to a'/ -inch iron rod with TxDOT aluminum cap set for an angle point; 9. North 67 °13'08" East (N 69 °31'26" E), a distance of 23.15 feet to a' 14 -inch iron rod with TxDOT aluminum cap set for an angle point in said existing easterly right -of -way line of Old County Road 172; 10. THENCE, North 20 °09'52" West (14 17 °51'34" W), along said existing easterly right -of- way line of 01d County Road 172, a distance of 59.47 feet to the POINT OF BEGINNING and containing a computed area of 12.395 acres (539,926 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 per a design schematic provided by Turner Collie and Braden, Inc. e 71,_00 Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (513) 899-8282 July 14, 2000 EXHIBIT / Page 2- of 4 41765B \parcds\d oc\PAR72.doc 1 11 SURVEY LEOEN0 i0.R9 TXOOT BRASS 01.6 IN CONCRETE ❑ - SET MOT mass 0156 111 CONCRETE O - SET 1 'j IRON R00 0/73007 ALV11• CAP 0 • FOuse '.t IRON ROD U11LE55 OTHERWISE NOTED • 101ND 4' 6 4' C00lttTE / 116.PENT • - CALCULATED PAINT P - 140OFEATY LINE a. - BASELINE ▪ . VTIL ITY 4.0.E 12.t.36 LT•. _••'�_•� jAE ?FAIL . 59 49 9109•16 I 11110 „t17r 13'01'11 12.01' NTT - 1 "� ABAN0 0 NDED PpflT10N OF OLO COUNTT ROAD 172, -. 47/35 11.1.-.47 . � ' I 1.D2 PRDPOSED R.O.W. S.H. 45 573•]6 OT Y 277 NOTES: 1• C ATE 575 C OORDIN10M. HAD 43. I NR00400 PLANE A 2(!I L E 4140 ADJUSTED TO SURFACE 051440 AM ADJUSTMENT FACTOR OF 1.00012. 2. 11115 sunny 0413 PEB60111E0 01111WT THE BENEFIT 041 A COIYITTEMT FCl1 TITLE INSURANCE AND PO NOT INCLUDE [45EME11T5 AND NiCRILLTION PERTAINING TO T1115 1RACT. I NFCmaT ION. TIC SURVEYOR NOT ABSTRACTED THIS R TRACE. 3. 0•0.0.0.1. I1m4CATES OFFICIAL REClIR05 CF PILL1AN501 CRIN11 TEXAM�Gfj OF P� 4 4. •.C.0.0. IIOICATES 11 ILLtA)r01 COUXTT DEED 4.0001105 S. 0.0•4•0• INDICATES WILLIANSCM COUNTY PLAT 0E50105 // e()3A 5. 11115 PUT I5 ACCOAPANIEO OT A SEPARATE HETES 140 0044440 DESCRIPTION• 1'. 111E IN6WOSED BASELIK. 5NOTN HERE01 IS PEO A 0051CN ' ^SC FILE 400540(0 BY 1IRm45. 00331E + , J 00 0RAOEN. � IN441. ,\ x.41 041301 / Z��V V 00I5 Ili+ 11 10 0S 51 565 .6i 70 4LAND SIRVETCR IACOH M. HARRELL SURVEY, A -284 35/45 102.04 S CAS. 4� 00C. 09903110 �! PROPOSED 0.0.0. 5.H• 45 877'45' * ( 1.180.96' STA. 413••00 35/45 INV 102. DOC• 0.5 JAY DEAN CANINE P 4345 .t 2� s lia! Olp CO119411 HOW 172 TAW mois 5.4. E0 5. H. 45 >44 4(44 4' WHOLE PROPERTY INSET CONTROL OF ACCESS 3911'26'01 --\\ r 8 S.H. 45 { 1 5004510 RECORDERS MEMORANDUM All or parts of the teat on this page was not 72 clearly legible for satisfactory recordation. 00010004 OF ACCESS • • 1 32 50005. L. P. of l0EXHIBIT W.C.T. Page 3 of 4 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 099 -0202. FAX 05120 099-9390 EMAIL: Oustln08urv0On.com SCALE: 1" • 100' OATE: MAR 2000 DRAWN BY: JK9 HECKED 8Y: WJH i ACREAGE SUMMARY 150.47.1 JOB n: 41T -6513 F.B. #: 50 45 CAD FILE: porl2 -sht-1 SWEET 3 OF 4 O -- - PROPOSED R.O.M. 5.H. 45 C(X)TROL OF ACCESS - - - - - - - -- , i— 11 --T111 iu-- - 11 m- m Iii ------ RI '' • t 51&.504.05 - 31 200 \ --m --ten — ST 2' 15 51.4 520.33 2 Su0YEY LEGEND JACOB LI EARRELL SURVEY. A-284 35/45 64 ACRE L.P. S DOC. .9903460 O.R•W.C.T. 01415'61'5 1.180.15' 5177'36'01'E 35/45 102.64 A L.P. E5 005• .9903400 O. R. V. C• T. S.H. 45-1 7 2 RECORDERS MEMORANDUM OD All or pans of the ten on this page was not clearly legible for satisfactory recordation. CONTRDL +QF ACCESS PROPOSED R.O.V. S.R. 45 . 3'5 INVESTORS. L.P. 227.1110 ' 1 000. 8302 09848 O. R.Y.C.T. 040.30 t , ', 220.91' LT. 1 t ■ .a 5.H.45 PARCEL FLAT FOR PARCEL 72 COUNTY: WILLIAM5011 GRANTOR:35 /45 INVESTORS. L.P. 511' W 438.45 - , ~ LOT t. 01025 J - --� 11.751 ACOE5 SECTION IOTE CABINET 5 SLIDES 66-60 W.C.P.R. PI - FO000 TK001 MASS oust 1N C01C0ETE ❑ - SET Tabor 110455 0156 IN 0040143E Q - 5E1 Iy' ;oo. PC0 W /Tr00r AIU,, CM Q FL0iirn '.f 111O4 P00 UNLESS 00011191'1 IN' - FOUND 4 x 4' CONC0ETE ■100nE4T • c4LLl1ATED POINT • - PROPERTY' LINE R - 045ELIN5 - 1.1111.171 PRE EXHIBIT Page 4 of 41 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 VEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHDNE (5121 899 -8282. FAX 15121 899 -9390 EMAIL: OustInOSUrvcon• com SCALE: 1" = 100' GATE: MAR 2000 DRAWN SY: JK8 CHECKED 8Y: WJM JOB =: 417 -659 F.8. +1: 5N 45 CAD FILE: par72 -shT - 2 SHEET 4 OF 4 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT Page 1 of Z Pages EXHIBIT Property Description for Parcel 73 Being all that certain 8.899 acre (387,658 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.). Said 8.899 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= 3,130,15036, Y= 10,148,834.19) set at 179.47 feet right of and perpendicular to State Highway 45 (SH 45) Baseline Station 509 +20.68, being the northwest corner of Lot 1, Block J 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.), being in the westerly line of said 227.8382 acre tract and the easterly line of a called 102.64 acre tract as conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9903480 (O.R.W.C.T.), said point being the southwest corner of the herein described tract; 1. THENCE, North 20 °58'22" West (N 18 °30'00" W), along the line common to said 227.8382 acre tract and said 102.64 acre tract, a distance of 404.96 feet to a '/z -inch iron rod with TxDOT aluminum cap set at 220.97 feet left of and perpendicular to SH 45 Baseline Station 508 +60.30, being in the proposed northerly right -of -way line of said SH 45, and being the northwest corner of the herein described tract; 2. THENCE, North 77 °45'55" East, along said proposed northerly right -of -way line of SH 45, passing at 495.64 feet the southwest corner of Lot 3, Block G of La Frontera Section IIIB Subdivision recorded in Cabinet S, Slides 69 through 76 ( W.C.P.R.), passing at 773.79 feet the common southerly corner of said Lot 3 and Lot 2, Block G of said La Frontera Section IIIB Subdivision, passing at 992.36 feet a %z -inch iron rod with TxDOT aluminum cap set for an angle point in the proposed northerly right -of -way line of said SH 45, continuing along the southerly line of said Lot 2, passing at 1,002.36 feet a 'A -inch iron rod set for the most southerly southeast corner of said Lot 2 and continuing for a total distance of 1,017.36 feet to a %z -inch iron rod with TxDOT aluminum cap set at 218.07 feet left of and perpendicular to SH 45 Baseline Station 518 +77.65 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 the northeast comer of the herein described tract; THENCE, along the existing westerly right -of -way line of said La Frontera Boulevard, the following two courses: 3. South 1294'06" East (S 09 °45'08" E), a distance of 3.94 feet to a Yz -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the right; 4. An are distance of 401.42 feet along said curve to the right, with a Radius of 1,450.00 feet, a Delta Angle of 15 °51'43 ", a Chord Bearing and Distance of South 04 °18'14" East, 400.14 feet to a %z -inch iron rod with TxDOT aluminum cap set at 182.03 feet right of and perpendicular to SH 45 Baseline Station 518 +21.30 and being the end of said curve; 5. THENCE, South 77 6 45'55" West, passing at 20.00 feet a %z -inch iron rod with TxDOT aluminum cap set for the most northerly northeast corner of said Lot 1, Block J of La Frontera Section IV Subdivision, passing at 55.00 feet a V2-inch iron rod with TxDOT aluminum cap set for the point of intersection with the proposed southerly right -of -way line of said SH 45 and continuing along the proposed southerly right -of -way line of said SH 45 for a total a distance of 900.63 feet to the POINT OF BEGINNING and containing 8.899 acres (387,658 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 14, 2000 EXHIBIT A Page 2 of 2 Pages ly 4- -4° , P.0 B. PARCEL 13 X -3 130.150.56 T- 10.141.134.19 4 175.47 R . DA 1. BEARINGS ARO COORDINATES ARE BASED Of THE TEXAS SI TE PLANE COORDINATE SYSTEM. HAD 83. CENTRAL IOIE AND ADJUST D TO SURFACE USING AN ADJUSIIENI FACTOR (W 1.00012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A C0IYITMEHI FOR TITLE INSURANCE AND MAO NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING 10 THIS TRACT. RECORD INFORIIATIE41 5H0101 OH THIS PLAT IS BASED ON PUBLIC INFORWTION. THE 50001000 HAS NOT ABSTRACTED THIS TRACT. NOTES: PROPOSED S.H. 45 P.0.0. PARCEL 73 35/45 INVESTORS. L.P. 102.64 ACRES DOC. .9903400 WHOLE PROPERTY INSET NOT TO SCALE 3. P.U.E. IRRIGATES PUBLIC UTILITY EASEICNI. 4. T.C.E. INDICATES TEMPORARY CO05180011DR EA5EIEN1. 5. 11.1.11.14. INDICATES TILLIAMSOH COURT. PLAT RECORDS 6. 0.14.0.0.0. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS 1. THIS PLAT IS ACCORPARIEO BY • SEPARATE 1ETE5 ARO 8O NOS DESCRIPTION. S. THE PROPOSED BASELINE 500011 HEREON IS PER A DESIGN SCHEMATIC FILE PRO .00 7 . COLLIE AND BRADEN. INC. DATE: -/7"d0 CANINE (0191(REO PROFESSIONAL LAHR SURYEY00 'rya, Rr F.tv TRnmR Rn. 4345 SURVEY LEGEND • FOUND 10001 BRASS DISC IN CONCRETE JACOB M. HARRELL - SET 1100T BRASS DISK IN CONCRETE SURVEY. A-284 O . SET Ui IRON ROD 1A/TX007 ALUM. CAP • - FOUND "r IRON R00 UNLESS OTHERWISE NOTED ® . FOOD 4' T 4' CONCRETE HORUENT p = CALCULATED POINT LOT 3. BLOCK G 2.04 ACRES t PROPERTY LINE LA FRONTERA = BASELINE SECTION 111B 8 c � ABINET S. SLIDES 69 -76 3 — x_ B. UTILITY POLE . -., •.. C .. ...W.C.P.R 35/45 INVESTORS. L.P. 227.8382 ACRES ' •• DOC...117048153 495.64' 011 1.011.36' 110 ,. +1014 41161 PROPOSED 8.0.W. S.H. 45 S11 900.63' 1 RECORDERS MEMORANDUM All or parts of the text on this page was not dearly legible for satisfactory recordation. 45 107.36'07"E 7'J6'OT "E S.H. \ 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. 19848153 PROPOSED 0.0.0. S.H. 45 LOT 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66 -68 ATE: APRIL 2000 F.8 DRAWN 8Y: JKB (n DC m m N O - n IV JOB 0 : 417 -658 ACREAGE SUMMARY 450.11.1 THOLE PROPERTY AREA *100)8EO R LEFT 733.132 387.658 S.N.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAM5014 GRANTOR:35 /45 INVESTORS. L SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78707 TELEPHONE (512) 899 -8282. FAX (512) 899-939 EMAIL: oustinesUrvcon.colR 345.474 FJ: SH 45 CAD FILE: Dor73 -sht -1 SHEET 1 OF 2 _ • SURVEY LEGEND ▪ - +DURO TK00T BRASS 0I5K IN CONCRETE - 561 18008 BRASS DISK IN CONCRETE o - SET "z 00011 ROD W /T1D01 ALUM. CAP • - FOUND .. IRON ROD UNLESS OTHERWISE NO1E0 ® - FOUND 4' • 4' CONCRETE MONWENT • - CALCULATED POINT t. - PROPERTY LINE 9. a BASELINE - UTILITY POLE '3045 INYESTORS. L.P. 227:8382 ACRES DOC. +89840753 LOT 3 BLOCK G 2.04 ACRES 271.15 35/45 INVESTORS. L.P. 227.8382 ACRES DOC.. 9848753 0.R.W.C.T. LA FRONTERA SECTION 1118 CABINET S. SLIDES 69 -76 W.C.P R. 73 PROPOSED R.0 S.H. 45 • PROPOSED 0.0.0.,S.N. 45-\ ST7•45'55 "14 : 900.63' L'O1 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET 5. 511065 66 -68 RECORDERS MEMORANDUM All or parts of the text on this page v asnot clearly legible for satisfaaory recordation. LOT 2 NTT 1.017.36' • DETAIL "A N.7.5. LOT 2 BLOCK G 1.40 ACRES 218.51' 511. 45 1.017.36' PROPOSED R.O.N. S.H. 45 SEE DETAIL l STA. 515 +11.65 2111.01' LT. H77•36'07'E • 515+00 1 51A. 518 +21.30 LA FRONTERA SECTION IV 182.03' RT. 0.002 ACRE RIGHT -OF -WAY DEOICATION CABINET 5. SLIDES 66 -68 8 .6.9.4. • • 1509 512 u�as n� PROPOSED R.D.W. S.H. 45 STA. SIB +52.66 2+8.14' LT. 1.101.42' 8- 1.450.00' A= 15 C- 504 "E 400.14' 35.00' 2D 00' ISM 45 oe E1 Slt'14'06 "E 3.94' O Op m.- • a a 0;" N WO _U o_, Z ,73 5.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. SURVCON INC. PROFESS IONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 1512) 899 -8282. FAX (512 899 -939 EMAIL: oustinesurvcon.co CAD FILE: Oor73 -sh)-: SHEET 2 OF 2 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT _ Page 1 of 4 Pages EXHIBIT � C Property Description for Parcel 74 Being all that certain 6.172 acre (268,852 square feet) tract of land situated in the Jacob M. Harrell Survey, A -284, Williamson County, Texas, and being out of a remainder 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.), being all of Lot 5, 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 6.172 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-inch iron rod with Texas Department of Transportation (TxDOT) aluminum cap (X= 3,131,797.66, Y= 10,149,589.62) set in the proposed northerly right -of -way line of State Highway 45 (SH 45), being the northeast comer of said Lot 5 and being in the westerly line of Lot X as conveyed to said 35/45 INVESTORS, L.P., recorded in Document No. 9848753 O.R.W.C.T. as conveyed to DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP, recorded under Document No. 9844186 O.R.W.C.T. at 220.92 feet left of and perpendicular to State Highway 45 (SH 45) Baseline Station 526 +79.15, said point being the northeast comer of the herein described tract; 1. THENCE, South 05 °32'08" East (S 03 °03'10" E), along the easterly line of said Lot 5 and the westerly line of said Lot X, a distance of 308.78 feet (308.81') to a I/2 -inch iron rod with TxDOT aluminum cap set in a curve to the left and being in the existing northerly right -of- way line of F.M. 1325 (120 feet wide); 2. THENCE, an arc distance of 301.54 feet along said curve to the left, with a Radius of 1,014.93 feet, a Delta Angle of 17 °01'23 ", a Chord Bearing and Distance of South 61 ° 49'07" West, 300.44 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for the northeast comer of Lot 1, Block K of the La Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 -68 W.C.P.R.; 3. THENCE, South 77 ° 45'55" West (S 80 ° 14'52" W), along the southerly line of said Lot 5 and the northerly line of said Lot 1, a distance of 440.57 feet (440.69') to a'/: -inch iron rod with TxDOT aluminum cap set at 182.33 feet right of and perpendicular to SH 45 Baseline Station 519 +24.99, being in the existing easterly right -of -way line of La Frontera Boulevard (100 feet wide) as dedicated per plat of said La Frontera Section IIIB Subdivision and being in a non - tangent curve to the left; J. \ 417658%18:M \PA R74 doc EXHIBIT Page 2 of 4 Pages THENCE, along the existing easterly right -of -way line of said La Frontera Boulevard and the westerly line of said Lot 5, the following two courses: 4. An arc distance of 400.77 feet along said curve to the left, with a Radius of 1,550.00 feet, a Delta Angle of 14 °48'52 ", a Chord Bearing and Distance of North 04 °49'39" West, 399.65 feet to a %z -inch iron rod with TxDOT aluminum cap set for the point of tangency; 5. North 12 °14'06" West (N 09 °45'08" W), a distance of 3.94 feet to a %z -inch iron rod with TxDOT aluminum cap set for the northwest corner of said Lot 5, at 217.78 feet left of and perpendicular to SH 45 Baseline Station 519 +77.65; 6. THENCE, North 77 ° 45'55" East (N 80 °14'52" E), along the northerly line of said Lot 5, passing at 40.00 feet a %z -inch iron rod set for the point of intersection with the proposed northerly right -of -way line of said SH 45 and continuing along the north line of said Lot 5 and the proposed northerly right -of -way line of said SH 45, passing at 382.66 feet the southeast corner of Lot 3, Block F of said La Frontera Section HIB Subdivision and continuing for a total distance of 443.57 feet to a %z -inch iron rod with TxDOT aluminum cap set for the beginning of a tangent curve to the right; 7. THENCE, an arc distance of 270.67 feet continuing along the proposed northerly right -of- way line of said SH 45, the northerly line of said Lot 5 and along said curve to the right, with a Radius of 3,316.89 feet, a Delta Angle of 04 °40'32 ", a Chord Bearing and Distance of North 80 °06'11" East, 270.60 feet (L= 270.67', R= 3,316.89', Delta =04 °40'32 ", CH =North 82 °35'08" East, 270.60') to the POINT OF BEGINNING and containing 6.172 acres (268,852 square feet) of land, more or less. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden, Inc. ay lean Canine --yy —oo Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 June 1, 2000 I: \417658\Iv] &B's\PAR74 doc SURVEY LECENO ° F01110 7X001 BRASS 01513 IN COICHETE ❑ - SET MOT BRASS DISK IN CONCRETE 'O - SET r '1 IRON R00 M/TXDUT ALUM. CAP JACOB M. HARRELL • - FOUND V IRON R00 UNLESS OTRERYISE NOTE5 ® - FOUND 4' X 4' CONCRETE MOWNE)R • - CALCULATED POINT 35/45 INVESTORS. L.P. [ - PROPERTY LINE REMAINDER OF CALLED 227.8302 ACRES 4 - BASELINE OOC. 09840753 y 0.8.0.0.1. LOT 3 9, - (1(1117• POLE PRLVOSED R.O.M. BLOCK F LA FRONTERA S.N. 45 2.07 ACRES SECTION IIIB _ CAB3NET-5,- SLIDES 69 -76 SLIMS Frrc _ 0. C•P. R 6 STN. 519477.65 217.78' LT. (009 45 08'8 N12 3.94 U 1 5TA. 519 182.33' RT. JAY DEAN [ARM REGISTERED ROFESSI LA 5URVE5OR TEXAS REGISTRATION RATI04 30. 4345 5TA. 217.61 N77'36'07'E 520-100 L- 400.77' R- 1.550.00' +4'48 C4404 399.65' LA FRONTERA SECTION IV 0.001 ACRE RIGHT-0FMAY_ DEDICATION CABINET 5 SLIDE5 66-68 M.C.P.R. CONTROL (F ACC[ 7 443.57' - On5. r N IN60•I4'5�'ET 1 52041 7.65 N1 A (560 577 '45'55'8 LT PROPOSED R.O.M. S.N. 45 I \--PROPOSED R.0.0. 5.41. 45 107 1. BLOCK K 1.42 ACRES LA 00081(RA •� SECTION IV CABINET S. SLIDE5 66-68 DATE: SURVEY, A -284 15' P.U.E. --___" NET Y.C. SR. S. LIDES 69 -76 II . CONTROL 6 ACCESS I I I----4*--- I R e 1 1; I I I tI I IL 5.8. 45l " I I Ii -� I .... LOT 5. BLOCK F I I ". ' n CALLED 6.17 ACRES 1,1 + • LA FRONTERA SECTION 1110 R:71 i ' ( ti CABINET 4,-' � SLIDES 69 W.c.. Y RE S ERVED -•F' FUTURE I I -' DEDICATED MAY . BUT NO DEEDICATED BY 1815 PLATT I A il, 1 5"�P.. L-301.54' C ARINET 111U 5E. . / r R- 1.014.93' SLIDES 66-68 Tr I A- 11 C.p,R. ~ I I 061•49'07' 440.69 ) 300.44' 440.57' M >> NOTES: 1. BEARINGS MO COORDINATES BASED CN THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CENTRAL 201E AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTENT FACTOR OF 1.00012. 2. THIS SURVEY 843 PERFORIED WITHOUT 141E BENEFIT 11F A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEAENTS AND INFORMATION PERTAINING TO THESE TRACTS. RECORD INFORMATION SHOWN CN THIS 44AP IS BASED ON PUBLIC RECORD 1NFO014T3ON. 171E SURVEYOR NAS NOT ABSTRACTED THESE TRACTS. 3. R.P.R.T.C.T. INDICATES REAL PROPERTY RECORDS IMF TRAVIS COUNTY TEXAS 4. 0.8.8.C.T. I)03CATE5 OFFICIAL REC0105 Df WILLIAMSON COUNTY TE 5. THE BASELINE SHOWN HEREON IS PER A DE5I04 SCHEMATIC 011 BY 'MAHER. COLLIE ARO BRADEN. INC. 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. INDICATES PUBLIC UTILITY EASEMENT 8. 7.C.E. INDICATES TEMPORARY C(NSTRUCT1014 EASEMENT 9. M.C.P.R. INDICATES BILLIAMSON COUNTY PLAT RECORDS 8. 9.0.0.8. INDICATES WILLIAMSON COUNTY DEED RECORDS 1D. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECO05 11. T.C.O.R. INDICATES TRAVIS COUNTY DEED REC005 Q CURVE DATA 1 - 1.230.95' ft - 9.567.60' - 07 CB- 586 CO-. 1.230.10 PC- 521428.36 PT- 533459.31 PI- 527.44.68 X - 3.131.093.51 7 - 10.149,401.09 RECORDERS MEMORANDUM All or pans of the text on this page was not 1 dearly legible for satisfactory recordation. 0 SURVCON INC. PROFESS1ONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (512) 899 - 9390 EMAIL: oust i nesurvcon.ccm SCALE: 1' = 100' OATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM JOB u: 417 -658 F.B. a: SH 45 CAD FILE: par74 -sht -1 SHEET 3 OF 4 S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS L P ACREAGE SUMMARY 130.FT. ) MIME PROPERTY AREA ACQUIRED NEW `HOER LE REAMTNDER RIGHT 6.172 (266.8521 6.172 (266.6527 0 0 35/45 INVESTORS. L.P. REMAINDER OF LA FRONTERA 227.8382 ACRES SECTION IIIB DOC. 09848753 CABINET 5. SLIDES 69 -76 O.R.W.C.T. W.C.P.R. t , • ,' ' 91. 70.67', STA. 524+14.85 L L>! 3 -___ " 18.0.37 220.90 IT. CILQCIt F 1Ab4 40 5:11 R'3.3155 89' PROPOSEDR.O.W. . 4400 1 1 72' C•4460 11'E 270.80'e N I(N80``14 \52.9 LL 1 I ` 1 1 1 O . 'OH M. HARRELL _URVEY. A -284 1 1 q6r 5. BLOCK-; 6� 17 ACRES 'SE TI0N 11 IB C �BINET 5 r 51IDES 69 - +1 C .P.R. 1 RESE FOR FUTURE 1 o = RIGHT(Or.-WAY. ' pp m,. n° IDEDIC1ITF3, �.1x I s 1 1 BY THIS PLAT 1° 2•gT.ACRES (C- 1127 1 EI 1.270.87' 1 Isl - -k < I 8-1.014.93' +17'01'23' C- 561.49' 07 300.4 BRATTON CEAETERY SURVEY LEGEND • FOUND 7000T BRASS DISK 111 CONCRETE ❑ SET 13007 BRASS DISK IN 00IKRETE Q = SET 1 ' IRON ROD W /7X007 ALUM. CAP • + FOUND '3 IRON ROD UNLESS OTHERWISE NOTED ® - FOUND 4 - x 4' CONCRETE NOIKSIENT • CALCULATED POINT - PROPERTY L INE • BASELINE UTILITY POLE 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: crust 1 nesurvcon.com SCALE: 1' = 100' DATE: JUNE 2000 DRAWN 8Y: JKB CHECKED BY: WJM JOB JA: 417 -658 F.B. 0: SH 45 CAD FILE: por74 -sht - 2 SHEET 4 OF 4 _6CORDERS MEMORANDUM II or puts of die text on this pagewas not 'early legible for satisfactory recordation. @ S•H. 45 35 /qS INVEST 227.8382 OARCSR'SL•P. R Y 848 753 C. 7. LF DR .hOEVELOPI{NT - 'r CAL 1 79 6TS tERES - -- O.R �r 84 4186 5 1 LA f 5:115 A � 1 ETA SL EI�ESidlt(REPLAT M• C•P. R_ 290 -295 P.O.B. CONTROL of ACCESS 7.3.131.797.66 1'10,149.599.62 - B STA. 526 220.92' LT. LOT X LA FC B NET WSC RS CONTROL OF ACCESS R . O 45 TOM E. NELSON. JR.. TRUSTEE N0. 11. TRACT IV PARCEL 2 CALLED 3.233 ACHES 10084/93 -103 1401/7 1481/701 -711 0•R. N.C. T. - S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. . I I FILED AND RECORDED OFFICIAL PUBLIC RECORDS 01- 14- 20010:27 AM 2002003711 ANDERSON $45.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS ©0- 0$- ,28 -3A3 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 gencond doc All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall fumish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explosives. If Blasting is covered under the Contractors General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and GC -38 City of Round Rock Water Treatment Plant Expansion Phase V 8077 -32482 PART GENERAL 1.01 SCOPE OF WORK C. Certificates 2027/2248101nN STR NIISCO3100 DOC 2/20/02 dch SECTION 03100 CONCRETE FORMWORK A. Furnish all labor, materials, equipment, and incidentals required to design, install, and remove formwork for cast -in -place concrete as shown on the Drawings and as specified herein. B. Secure to forms or set for embedment as required, all miscellaneous metal items, sleeves, reglets, anchor bolts, inserts, and other items furnished under other sections and required to be cast into concrete. 1.02 RELATED WORK A. Concrete Reinforcement is included in Section 03200. B. Concrete Joints and Joint Accessories are included in Section 03250. C. Cast -in -Place Concrete is included in Section 03300. D. Concrete Finishing is included in Section 03350. E. Grout is included in Section 03600. F. Modifications to Existing Concrete are included in Section 03740. 1.03 SUBMITTALS A. Submit shop drawings and product data in accordance with Section 01300, showing materials of construction and details of installation for: 1. Form release agent 2. Form ties B. Samples I . Demonstrate to the Engineer, on a designated area of the concrete substructure exterior surface, that the form release agent will not adversely affect concrete surfaces to be painted, coated, or otherwise finished and will not affect the forming materials. I. Certify form release agent is suitable for use in contact with potable water after 30 days (non -toxic and free of taste and odor). 03100 -1 2/20/2002 1.3.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 13.5 ARBITRATION 1.7.5.1 Any a,la.,u, G.aPub u. �Ll.0 ,uau.. w yuwuv,..u,ou,s emu. �L w ...a.w Lv n� s. �..,n..n. aa„ ,auuj wL w at oI lauwc a.L:h at:u.., .L.. pa. J:a 1.3.4. otl...nan 6 y a...,Gn.. .J.5. n1 at631, a.,.,.,'n ., u an..6 w wLa ns..,.,n.. a ,an ny 5 +Au.,Ltun UV L weu aJU.l,unal vu.nu u. Y ..u( a Na.Ly .., L,.,a llg 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.7 MISCELLANEOUS PROVISIONS ....is.., .Lail L.. L. a..w.Ja..w rw a1 t1.. C.,.,,n.,.,.:u,. b.duany ul ...6a..n ..y u..au .. P IL. lIII u.IL, all .. .ally VLl 1,1 Puau. Iyv LIS ILL u..Ju un.,.., . .,a IVI �l all , .ayu 13.7.1 This Agreement shall be governed by th s tt. sulug P ag.wwwuu u.bw uw auJ utb.., agawnrvuaa lar a.bw m., w:t all aJ Wdwwl En-Las/II u...muy Uu. ..nno..,.n,u w oy Pa't w uua Ag.....amut shall L.. ,P...,:f,.,al1, .,,,fn, wabl.. L. a,.w.Ja.,....., al. .pyli .3.k.. l ....y 1.3.5.5 TI.., awa. J ...nJ....,J b tl., .1,1641.V1 VI al bit, s tI a1,5,h abl.. ]arw ;.. ally .,Hal l La.. j a, . . 11 f. 13.5.1 Owner and Architect hereby expressly agree that no claims or disputes between Owner and Architect arising out of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1 -14) or any applicable state arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the Project, Architect consents to be joined in the arbitration proceeding if Architect's presence is required or requested by Owner for complete relief to be accorded in the arbitration proceeding. The Architect and the Owner waive consequential damages for claims, disputesor other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. P.�v. i,. Pa.a�.aph 1.4.2 laws of the state of Texas, and venue shall lie in Williamson County, Texas. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of ALA Document A201, General Conditions of the Contract for Construction, w....,,. a> of tl Ja.., of tl.:a A as modified between Owner and Contractor. 13.73 Causes ofaction between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurancc during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition ofAIA Document A201, General Conditions of the Contract for Construction, w,...,.. a.,.,f tls- d .., „ f this A as modified between Owner and Contractor. The Owner