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R-00-08-28-3A4 - 8/28/2000AUSTIN TITLE COMPANY May 2, 2001 City of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Our File Number: 00 RR 211497 -Z Closer: Susan Patterson Dear Policyholder(s) In connection with the above captioned transaction, we enclose herewith LAWYERS TITLE INSURANCE CORPORATION Owner's Title Policy No. 211497, along with the original recorded Deed. It has been a pleasure to handle this transaction for you. If you should have any questions, please contact Susan Patterson at 512 - 255 -3343. Very truly yours, AUSTIN TITLE COMPANY Policy Department khs Enclosure 1515 Capital of Texas Highway South Fifth Floor Austin, Texas 78746 -6544 Office 512 / 306.0988 512 / 306.0966 Fax rt-f)P-Pg' Oft LL La 0 0 O 0 LV Date: 599/e-mbv Grantee: CITY OF ROUND ROCK CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 WILLIAMSON COUNTY SPECIAL WARRANTY DEED - PAGE 1 C: \WPDOCS \ROUNDROC \SH4S \SPWROADW. WPD /cdc SPECIAL WARRANTY DEED , 2000 Grantor's Mailing Address (including county): Grantee's Mailing Address (including county): CONSIDERATION: TEN AND NO /100 DOLLARS consideration. PROPERTY (including any improvements): TRACT I 12.395 acres, more or less, out of the ABSTRACT 284, Williamson County, particularly described in Exhibit "A" a part hereof. TRACT II 8.899 acres, more or less, out of the ABSTRACT 284, Williamson County, particularly described in Exhibit "8" a part hereof. TRACT III 6.172 acres, more or less, out of the ABSTRACT 284, Williamson County, particularly described in Exhibit "C" a part hereof. Grantor: ROADWAY INVESTMENTS, L.P., a Texas limited partnership ROADWAY INVESTMENTS, L.P., a Texas limited partnership 3345 BEE CAVES ROAD, SUITE 212 AUSTIN, TEXAS 78746 TRAVIS COUNTY and other good and valuable JACOB M. HARRELL SURVEY, Texas, and being more attached hereto and made JACOB M. HARRELL SURVEY, Texas, and being more attached hereto and made JACOB M. HARRELL SURVEY, Texas, and being more attached hereto and made 39.00 RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through or under Grantor, but not otherwise. This Deed is being delivered by Grantor to Grantee in lieu of condemnation by Grantee. By the acceptance of this Deed, Grantee is taking the Property "as is" "where is" and "with all faults" and without any representations or warranties whatsoever, express or implied, written or oral, it being the intention of Grantor and Grantee to expressly negate and exclude all representations and warranties, including, but not limited to (I) the physical condition of the property or any element thereof, including, without limitation, warranties related to suitability for habitation, merchantability or fitness for a particular purpose; (ii) the nature or quality of construction, structural design and engineering of any improvements; (iii) the quality of the labor and materials included in any improvements; (iv) the soil conditions; drainage or other conditions existing at the property with respect to any particular purpose, developmental potential or otherwise; (v) all warranties created by any affirmation of fact or promise or by any description of the Property; and (vi) all other warranties and representations whatsoever, except the warranty of title expressly set forth herein. When the context requires, singular nouns and pronouns include the plural. SPECIAL WARRANTY DEED - PAGE 2 C:\ WPDDcs \RODNDRDC \sH45 \sPWRDADW.WPD /cdc ROADWAY INVESTMENTS, L.P., a Texas limited partnership By: 35/45 Holdings, L.L.C., a Texas limited liability company as General Partner By: WILLIAM S. SMAL G, Manager STATE OF TEXAS COUNTY OF WILLIAMSON BESS L.KNEPLEY Notary Public, Male of Aar ray COmmIWen fl O C. R .. PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: SPECIAL WARRANTY DEED — PAGE 3 C:\ WPD OCS \ROUNDAOC \SH4S \SPWAOADW.WPD /ctic ACKNOWLEDGMENT S T1 s instrument was acknowledged before me on the 1 S- day of , 2000, by WILLIAM S. SMALLING, Manager of 35/45 Holdings, L.p.C., a Texas limited liability company, General Partner of ROADWAY INVESTMENTS, L.P., a Texas limited partnership, on behalf of said par Notary Public, St Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for =5 irfaccory, recordation. County: Williamson Highway: State Highway 45 Limits: From West of 183 to FM 685 CSI: 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 adjustment factor 1.00012: 0 d P NA 83, Central Zone and adjusted to surface using asurface BEGINNING at a Texas Department of Transportation ( TxDOT) brass disk in concrete (X = 3,128,841. 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 tine of said 102.64 acre tract and being in the proposed northerly right-of-way line of State Highway 43 (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 Vs -inch iron rod found for the northwest corner of said 102.64 acre tract bears North 20 °37'22" West (N 17 91'34" 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 S13 45, a distance of 1,190.96 feet to a Vs-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 deeds recorded In Document Number 9848753 O.R.W.C.T., being 220,97 feet left of and peril 45 Baseline Station 508 +60.30, some being the northeast comer of the herein described tract; 2. THENCE. South 20 98'2.2" 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 saki 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 pager_ of�� 43 76561prcel ;ldoclPAtiR 7?..dae aECORDERS MEMORANDUM All or parts of the text on this page was not dcerly le5iblc for satisfactory recordation. 5. South 77 °36'07° West, a distance of 277.03 feet to a 1/2-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 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 +32.97, and being the southwest corner of tho herein described tract; THENCE, along the westerly line of said 102.64 acre and 1.31 acre tracts, the following four courses: 6. North I3 °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 1/2-inch iron rod found bears South 49 °42'35" West. 1.02 feet; 8. North 13 °3522" West (J 169704" W), a distance of 305.73 feet to a Y_ -inch iron rod with TxDOT aluminum cap set for an angle point; 9. North 6793'08" 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 (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. p0 Registered Professional Land St a or Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (513)89? -8282 July 14, 2000 EXHIBIT A Page .Z of 4 i.:- URDERS MEMORANDUM A1I or parrs of the text on this page was not .Itself• legible for satisfactory recordation. 4176581pareels1doe'PAP -72. doe • 0 O A a l Nr7'SS'OT'tt Alsocam0EO rroM ppE7 1 .o 444147 Ro00 . , 1.11 AC9H5 , 47/35 R1j.O. - R. tYST2? LC¢f0 • FOII0 , 100T WAS 1124 d 02.021S SST 0000? M007 Oro IM COPCOCTt Pt, IY t•e. 041 1RLmr 0.00. Cu ▪ 00U0 •y 1040 400 40L101 071000.10( 00000 ▪ Fele 4 . 4 COgC?E 7000CMT . 001.400110 41410 '0004070 LIP( ▪ OASCL 011 • 11010.17? 040 7.70 - IT .43 •10M: - 7.7 1• 114141140 0010 4201000011c 004 14200 00 714 ?OIa0 77011 8004 400001410010 7710101. MLA 01. 1■17000 7.d( 00 000077110 70 3411/00/ 00104 011 004401440 00074 OF 1.00012. 7. 7401 201017 004 1.10 40IC0 0000041 THE 2402701 01 0 1011410!0? P00 1'000.1 100004104 00 107 001 1041040E 4A1064 000 10000001140 PCR7014014 00 TMII 70047. 000010 110441014 1110100 a 0400 PLAT IS 10000 Q 4411.10 10100401041. 1704 71401040 407 I00 44 T11C7t0 1011 7014T. 2. 0.0.0.0.0. 140110770 00110000. 004400 a 111.1.114100 100170 4. 4.1.0.11. 11/104/7117 0(11.101004 401477 ACED 072700 4. 4.1.0.0. 1101007E0 01 LLI411m1 40441 71 7100 0440400 S. 70115 7007 IS •00C40000140 40 • ?10•••70 111740 •■• 0010000 022001P?IOC 1. 141E 94400510 01571.104 14111.0 010001 1: P00 0 00000 544104014 011.E 00001010 07 000411• - 001.14 •0 0400E14. 144. �j 77, 7.27 V�Aa �6� r a 000177[004 44441010000. CM0 1U00..ie1 00044 040110000140 M. 4105 S.N. 44 1 , 1 1i 1 511.1. WFOLE PRCPERTT INSET - 40117001. Or ACCESS 53 TELEPHONE SCALE; 1' . $URVCON INC. PROFESSIONAL. SURVEYORS 15 WI. 200 WEOT. SUITE 400 AUSTIN. TEXAS 70701 (5121 897 FAX (S121 477 -9394 EMAIL; cuSiit}oeurvton. 0001 100' J08 0; 417.458 OATS; MAP 2002 DRAWN 871 108 CNECME2 HY: 4014 I ACREAGE SU'O0AR7 174.00. JACOB Y. BARREL". SURVEY, A -804 14/41 044457071. L.P, 100.14 ACME/ DOC. /990!000 0.1�J•C: ., , .IsEtORDERS MEMORANDUM.. All or parts of the text on this page was nor clearly legible for satisfactory retwrd94ion, 0077401 OF ACM' PROPOSED 4.0.,. 0,7• ,rut :.100.14' 400140 :0/45 144 102. 002. 1 O 1 1 F 5i JAY DEAN CANINE yy .4 s o " S uR _ Fri t1.S5'We ft .30' • • 'CUPS T100T tMA55 0151 try 30.01TE Q • eIT 3R00T M:SS 0132 I. 6e13ultTt • SET i7 t•0• Irya IR•A03 .11*. CO • • Ipn6r '.f 1002 1300 U33.33•14 - 001440 4 a 1 C,ICl1LT6 02n11E13t Q • Ou.CLA6TIO a01.0 1. • TROPERTt L113E R. IAStkI•I TA • VItL1T1 P0.E 505 JACOB Y. EARR!LL BvaVEY. A -284 } 35/65 INYEST0R5. L.P. } 102.6 JOGS 4 4:4i 0C..190341 3 0 i 0•n.1.:.. r y r' L, rr \,- .. •74.41'111 1•114•114' .. - - .1WPOS!0 P.O.W. S.N. 65 1 ATA101 ne. LT• ea7Ra aF eccs5 - N rQ a 4 35[45 INTEST0115• L.P. ..227.1342 AMA '• 1 o . r ie iT. 1 4 4 4 4 LV { t { { 4 5 { (LA. 451 t S NTT•S6'OT "E e4 4 1 RECORDERS MEMORANDUM 1r 12 `•, r All or parts of the text on this page was not , ! clearly legible for satisfactory recordation, t a CONTIr01- 2(' CCESS -� PROPOSED R.O.S• S.N. 15 A A rT 35/65 INVESTORS. L.A. 102.11 ACRES DOC. 29505410 arc - i0 11 � .101 3 1 £C LSA Fa1PA r CABIr6 aI a 51.41 1.4.45 PARCEL PLAT FOR PARC T2 NN ORANTa0t 55 / +5 I L.P. I I EXHIB IT page 1, of _t_ SURVCON INC. PROFESSIONAL SURVETORS 551E MST. 200 WEST. SUITE coo AUSTIN. TEXAS 71701 'ELEP4ONE 15121 599 -0202. FAX tS121 509 -959 EMAIL! gurinateUrveXr.COm SCALE: 1 = IOW JOB a: 417-550 00E4 MAR 2900 1LRAWN 571 ,108 11,' 19 ce D irc v. p.1 F.B. s: VI 45 CAD FILE: DorT2 -5h7 SNEET 4 OP 4 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT B Page 1 of 4. 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 V2 -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 %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 comer 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 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 Tine of said Lot 2, passing at 1,002.36 feet a '''cinch 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 Y: -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 Y2 -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 Ys -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 Y2 -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 B Page 2 of _4_ Pages PROPOSED S.H. 45 6 STA. 50040.30 PARCEL 13 35/45 INVESTORS. L.P. 102.64 ACRES DOC. /09903480 P.O.B. PIRGEL 13 X- 3.130.150.56 _ =10.140.234.13 11 siA. �p�6g� NOTES: 119.41�RT. 1. BEARINGS AND COORDINATES ARE BASED 011 THE TEXAS STATE RAT& COORDINATE SY51EN. RA0 03. CENTRAL 20.E AND ADJU51E0 TO SURFACE USING AN ADJUSIIENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORMED 9I1H*T THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EA561EN15 AND INFORMATION PERTAINING TO THIS TRACT. REC0R0 1NFORNAT10N 500191 ON THIS PLAT IS BASED ON PUBLIC INFORMATION. THE 5URVE100 HAS NOT ABSTRACTED THIS TRACT. 3. P.U.E. INDICATES PUBLIC UTILITY EASEIENT. 4. T.C.E. INDICATES TEIPORARY CONSTRUCTION EASEIENT. 5. w.C.P.R. INDICATES wILLIAN601 COUNTY PLAT REC0R05 G. 0.6.w.1.T. INDICATES OFFICIAL RECOMO5 01 wILL1A160N COUNTY. TEXAS T. THIS PLAT I5 ACCOIPANIEO B7 A SEPARATE METES AND BOUNDS OE5CRIPTION. 0. THE PROPO560 BASELINE 500791 HEREON IS PER A DESIGN SCHEMATIC FILE PRO .B7 T • COLLIE A00 BRADEN. INC. DATE: g - /7-4o AN CANT EGISIEREO PROFESSIONAL.LAND SURVFYDR WHOLE PROPERTY INSET NOT TO SCALE 510400 EXHIBIT B Page 3 of 4 Pages 501111(9 LEGEND FOUND 10001 BRASS D15A IN CONCRETE - SET 10001 BRASS 0151 IN CONCRETE - SET l.j IRON R00 w /7X001 ALAN. CAP - FOUND 1 .f IRON ROD UNLESS 01HERw15E NO1(0 F0UN0 4' A 4" CONCRETE NONLIFENT CALCULATED POINT PROPERTY LINE BASELINE UTILITY POLE 35/45 INVESTORS. L.P. 227.8382 ACRES .,. - .DOG.. 99848753 49 1.011.36 LOT 3. BLOCK G 2.04 ACRES LA FRONTERA SECTION 1110 CABINET 5. SLIDES 69 -76 0' ?l PROPOSED R.O.Y. S.H. 45 1 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. T'E S.H. 45 9177 577 900.63' 35/45 INVESTORS. L.P. 727.8382 ACRES 00C. /5848753 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 5. SLIDES 66 -60 214.151 5.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. --i n T z m In m m —1 N 0 'T1 N ACREAGE SUMMARY 650.11.1 5HOLE PROPERTY AREA AcouIREO REMAINDER LEFT SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899 -8282. FAX 15121 899 -939 EMAIL: oustin0survcon SCALE: 1' 100' IJOB n: 417 - 658 ATE: APRIL 2000 ORAWN BY: JKB I I T33.132 107.657 345.4 F.B. TJ: 5H 45 CAD FILE: Dor73 - sht - SURVEY LEGEND ▪ FOUND 70D01 BRASS DISK IN CONCRETE '❑ - SET MOT BRASS DISK IN CONCRETE Q . SET ", IRON ROO W/TK001 ALUM. CAP • . FOUND '•" IRON R00 UNLESS OTHERWISE NOTED ® - FOUND 1' . 4' CONCRETE MONUMENT • . CALCULATED POINT t ■ PROPERTY LINE l BASELINE = UTILITY POLE - T1 35/45 INVESTORS. L.P. ,. 22/.T1362 ACRES DOC. +1048753 O.R.W.C.T. LOT 3 BLOCK G 2.04 ACRES cul.Li:�c.r.i s F3 -+F� 206.15' 515.00 PROPOSED R.D.W.' S.H. 45-\ \ 900.60' 35/45 INVESTORS. L.P. 227.8382 ACRES DOC.# 9840753 O.R.W.C.T. EXHIBIT B Page 4 of 4 Pages LA FRON1ERA SECTION (110 CABINET 5. SLIDES 69 -76 W.C.P R. 171 PROPOSED R.0.6 S.H. 45 120Y BLOCK J 11.751 ACRES LA FRONTERA SECTION 1V CABINET 5. SLIDES 66-68 W.C.P.R. LOT 2 11 7.017.36' DETAIL A' LOT 2 BLOCK G 1.40 ACRES PROPOSED R.O.W. S.H. 45 l STA. 518 216.14' LT. 216.57' 1509 'EI 512'14'06 w E.sTMixr )i IOEC -IA -� r • 1.017.36 PROPOSED R.O.W. S.H. 45 SEE DETAIL' 1509 M5 08 EI 512!14'06'E 60 a O- 1 £::;ORDERS MEMORANDUM L•.01 42' OO 111 or parts of the text on this page Leas not : .150.00' 5 5. •4 5111 ' 43• E ma to.-.-....CC v ,a clear c •'4'4 ly legible for satisfactory recordation. ii; 1. mo .<-, • Z_ °N 0—, O: 61 11 2 m 870 "E - L II. STA. 511+71.8 210.07' LT. 1ST*. 536.21.30 LA FRONtERA SECTION IV 182.03' PT. 0.002 ACRE RIGHT -OF -WAY DEDICATION CABINET S. SLIDES 66-68 W.C.P.R. 35.00' 5.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. SURVCON PROFESSION 5316 HWY. 290 AUSTIN. TELEPHONE 15121 899 - 82 EMAIL: Oust SCALE: 1" = 100' DATE: APRIL 2000 DRAWN BY: JKB INC. L SURVEYORS PEST. SUITE 480 EKAS 78701 82. FAX (5121 899 -939 i nesurvcon.com JOB F+: 417-658 F.B. #: SH 45 CAD FILE: Cor73 -sht -: ,..7'r• nF 2 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT C 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 TDB 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 %z -inch iron rod with Texas Department of Transportation ( TxDOT) aludinum 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 corner 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 corner 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 112 -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; 1: \417658U7 &B's\PAR74.doc 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 comer 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 MB 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�4 °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 / -14 -0 Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 June 1, 2000 1:1417658\M &B's\PA R74.doc EXHIBIT C Page 2 of 4 Pages SURVEY LEGEND' • RR - FOUND 8X007 BRASS DISK IN 080X010 O - SET 1X007 BRASS 0156 IN CONCRETE - CALCULATED POINT [ PROPERTY LINE L - BASELINE TA 217.78' LT L STA. 519+24.99 {82.33' 07. 1DTE51 UTILItt POLE 5 0109'45'08'11 1111714'96'1 3.94 EC) 520400 -400. TT' R- 1.550.00 L- 14•8'52• C- 114.49'35'9 399.65' DATE• JAY DEAN CANINE REGISTERED PRECESSIONAL LAM SURTETOR TEXAS REGISTRATION ND. 4345 1 STA. 520441.65 217.61' LT. 1177•36'07'E LA FRONTERA SECTION IV 0.001 ACRE RICRT- OFWAY1 DEDICATION CABINET 5 SLIDES 66-68 M.C.P.R. CWTRO.• OF A11rc5 • 1500.14'521 577.45' 55'11 `- PROPOSED R.O.M. 5.A. 45 LOT 1. BLOCK X 1.42 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66-68 W.C.P.R. EXHIBIT C Page 3 of 4 Pages O - SET 'y I0011 ROD M/TXDOT µW1. CAP JACOB M. HARRELL • - FO11D "1 IRON ROD uNLESS OTHERWISE NOTED SURVEY, A -284 ▪ FO1ND e x 4` CONCRETE 1(04RENT 35/45 INVESTORS. L.P. REMAINDER OF CALLED 227.8382 ACRES DOC. 49848753 0.0.8.0. T. LOT 3 P000050) R.O.Q. BLOCK F LA FRONTERA S.H. 45 2.07 :ACRES SECTION IIIB _ 9101 I .u1EW1 _________ CABJNET-S._SL IDES 69 -76 aias 6724._ V. C. P: It,. 15' P.U.E. Y^ CA015ET 5. 5010.75 69-T5 ; }- +-T n 366 - -- a � y �p 0000r0T 5. 5010E 66-68 440.691 • R. 440.57' 1. BEARINGS ANC COORDINATES BA5E0 ON TIE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83. CENTRAL ZONE MO ADJUSTED TO 51AFACE USING. A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFUMED WITHOUT T1E BENEFIT OF • COYITLETIT FOR . TITLE INSURANCE AW MAY NOT INCLUDE EA$1ENTS AND INFORMATION PERTAINING TO TRE5E TRACTS. 470010 11FORNATIW 5110941 pi THIS IMP 15 BASED ON PUBLIC 070080 INFORMIT11W. 141E 5005(570 NAS NOT A85TRACIED THESE TRACTS. 3. R.P.R.T.C.T. IRDICATES REAL HAS RECORDS OF 504915 COUNTY 17X45 4. 8.0.0.0.0. INDICATES OFFICIAL RECORDS OF WILLIAILSON COUNTY S. THE BASELINE 510101 HEREON 15 PER A RESIGN 50171710 FIL BY TURNER. 00117E AND BRADEN. INC. 6. 0.0. INDICATES DRAINAGE EASDEENT 7• P.U.E. INDICATES PUBLIC UTILITY EA5E1EN1 8. T.C.E. INDICATES TEIPORART CONSTRUCTIOI EASEMENT 9. 4.7.8.0. INDICATES WI111.41 SON COIRRT RAT RECORDS S. 11. C.D.R. INDICATES WILLIN6W COUNTY 00E0 RECORDS 10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECORDS 11. T.C.P.R. INDICATES TRAVIS COUNTY DEED IMCO0S X11.414100.1 71 S 5'55' , 443.5T 1 ' PROPOSED R.O.M. S.N. 45 CONTROL IF ACCESS I I N 0 411 1 dIi N E S.R. 45-7 - ,, V-, I- li - I -----/ LJJ LOT 5. BLOCK F CALLED 6.17 ACRES l- y I • LA FRONTERA .... I I 5 �+ SECTION CABINET 5 B r n SLIDES 6 1 n W.C.0s I `,.> d R IC R I H Dr-WAY. BUT NOT s DEDICATED BY THIS PLAT I \ I I . 0 DRAWN BY: JKB CURVE DATA L - 1.230.95' 9.567.80' - 0022'17' CB- S06•18 CD- 1.230.10 P C. 521420.]6 PT- 533159.31 XI- 527444.68 1.51 T - 10.141.101.09 LLI 5.8.45 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 (5121 899 -8282. FAX (512) 899 -9390 EMAIL: oust(nesurvc0n.com SCALE: 1" 100' DATE: JUNE 2000 CHECKED BY: WJM MOLE PROPERTY AREA ACQUIRED REMAIN/EA LEFT RE0 I 6.172 1268.8521 1268.0521 0 JOB n: 417 -658 F.8. rs: 544 45 ACREAGE SUMMARY 150.07.'7 AD FILE: par74 -sht -1 SHEET 3 OF 4 ® - FOU10 4' x 4' CONCRETE RIJN-ENT • - CALCULATED POINT L - PROPERTY L ]tE y 6 BASELINE St - UTTL ITY POLE (ECORDERS MEMORANDUM All or parts of the text on this page was not dearly legible for satisfactory recordation. o SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 FAX (512) 899 -9390 EMAIL: pustlnOsurvcan.can SCALE: 1' = 100' JOB n: 417 -658 GATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM F.8. st: SH 45 CAD FILE: par74 -2 SHEET 4 OF 4 N IL 35/45 INVESTORS. L.P. REMAINDER OF LA FRONTERA 227.8382 ACRES SECTION 11)0 DOC. x9848753 CABINET 5. SLIDES 69 -76 O.R.W.C.T. W.C.P.R. 1 1_731 1 a STA. 62.44-t 4.65 F 220.90 LT. 2.g7'ACREs 58:•45 PROPOSE/141.0.W 'OB M. HARRELL EXHIBIT ,URVEY,A -284 f11.- 270.$7' 1 IR 14.04. - 1 40'72' 1 f CO2 . 35 90 E, 1270.60 I L- 270.67' R1.31 72 14' • C.1160 11'E 270.60 . 1.26 S. BL F ISf4TI0N I11 l S E901NET 5 :� ,Sul E S 69 - 76 I - 1 C.P.R. I— 1 1 y RESET! OR FUTURE 1 �;, 0• R1CRT> WA BUT N07 UJ 1 ` I DEDIClI7@p; BY THIS PLAT gi g �� 1 _ I ' \ • It is SURVEY LEGEND • . FO11MO TXOOT BRASS DISK 111 CONCRETE ❑ - SET T%DOT BRASS DISK lR CONCRETE O - SET 1 . IRON ROD 7'/T %DOT ALLW. CAP • • FOAp '3 IRON ROD UNLESS OTHERWISE NOTED 1 \f l 1 1 L 107.54' �- 3 R -1.014 93' .I1 x7 - 01 l C.S61•49 07 BRATTON CEAETERY P.O.B. 74 66 7- 10.149.539.62 B STA. 526+79.15 220.81' 26. 4 S.N. 45 C Page 0 'ages ;:;;;; /r / C. LA F 15:707 IX �ABI r SFCACRES !! 77 C P 290(295LAT1 TOM E. COVTR OF ACCESS LA FRONTER 38LO ACRES CABINET l IDESI290f REP PR. 295 LAT) R. o 0 0 S 0 45 NELSON. JR.. TRUSTEE N0. 11. TRACT CALLED 3 233 ACRES S 10084/93 -103 R.P.R.T.C.T. 14 81/701 -711 O.R.W.C.T. 5.8.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. FILED RECORDED OFFICIAL PUBLIC RECORDS 09 -25 -2000 03:26 PM 2000064087 MILLER $39.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS ISSUED BY lawyers1itleInsurance Crporation SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractors, or materialmen's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: d,1 Secretary Texas Owner's Policy T -1 (Rev. 1 -1 -93) Cover Page Form 1178 -22 By: EXCLUSIONS FROM COVERAGE ORIGINAL OWNER'S POLICY OF TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION President The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating 10 (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded 0 the public records at Dale of Policy, but known to the insured claimant and not disclosed 0 writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting 0 loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the title. 5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, the subordination or recharacterizalion of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subordination or (iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely tile for record the instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured': the insured named In Schedule A, and, subject to any rights or de lenses the company would have had against the named insured. those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, dlstributees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the following: (i) the successors in interest to a corporation resulting Irom merger or consolidation or the distribution of the assets of the corporation upon partial or complete liquidation; (o) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; (iii) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation; (v) the successor or substitute trustee(s) of a trustee named in a written trust instrument; or (vi) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets 01 the trust to the beneficiaries thereof. (b) 'insured claimant ":, an insured claiming loss or damage. (c) 'knowledge" or 'known "; actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the and is insured by this policy. (e) mortgage ": mortgage, deed of trust, trust deed, or other security instrument (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" also shall include environmental protection liens tiled in the records of the clerk of the United Stales district court for the district in which the land is located. (g) 'access ": legal right of access to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy of access for the use intended. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest_ This policy shall not continue in force in favor of any purchaser from file insured of either (i) an estate or interest in the land, or ('Ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest that is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. 11 prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however. that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. When, after the date of the policy, the insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or detect is not covered by this policy, or was otherwise addressed in the closing of the Transaction in connection with which this policy was issued, the Company shall specifically advise the insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions. (I) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (0) indemnify the insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the properly or, if a mortgagee policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. CONDITIONS AND STIPULATIONS 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other mailer insured against by this policy. The Company shall have the right to select counsel of Its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any lees, costs or expenses incurred by the insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. if Me Company shall exercise its rights under this paragraph. it shall do diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent Jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (0) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals herein, and permit the Company to use, al its option, the name of the insured for this purpose- Whenever requested by the Company, the insured, at the Company's expense, shall give the company all re onable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) ,n any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation. the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and alter the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days after the insured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter Insured against by this policy that constitutes the basis of loss or damage and shall slate, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute. or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable limes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission. in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options; (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' lees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company i5 obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation_ n continued on next page of cover sheet 0211497 L 491 $* *8,889,519.48 $ *43,774.00 1000 CASE NUMBER 2000 RR 211497 -Z (215) /khs Texas owner's Policy T -1 (Rev. 1 -1 -93) Schedule A LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF AMOUNT OF POLICY NUMBER POLICY INSURANCE 9/25/2000 $* *8,889,519.48 0211497 SCHEDULE A 1. Name of Insured: CITY OF ROUND ROCK 2. The estate or interest in the land that is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: CITY OF ROUND ROCK 4. The land referred to in this policy is described as follows: TRACT I: 12.395 ACRES, MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY A -284, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. TRACT II: 8.899 ACRES, MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY A -284, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED HERETO. TRACT III: 6.172 ACRES, MORE OR LESS, OUT OF : THE JACOB M. HARRELL SURVEY A -284, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" ATTACHED HERETO. AUSTIN TITLE COMPANY 1 1 a Countersigned By: Authorized Countersignature Valid Only If Schedule B And Cover Page Are Attached CASE NUMBER LAWYERS TITLE INSURANCE CORPORATION 2000 RR 211497 -Z (215) /khs OWNER POLICY OF TITLE INSURANCE SCHEDULE B DATE OF POLICY 9/25/2000 POLICY NUMBER 0211497 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): DOCUMENT #9923405, OFFICIAL RECORDS; DOCUMENT #2000005167, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, government or Other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2000 , and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, TEXAS TAX CODE, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): RIGHTS OF TENANTS IN POSSESSION AS TENANTS ONLY UNDER ANY AND ALL UNRECORDED LEASE AND /OR RENTAL AGREEMENTS, INCLUDING BUT NOT LIMITED TO, UNRECORDED LEASE AGREEMENTS AS EVIDENCED IN INSTRUMENTS RECORDED AS DOCUMENT #9848753 AND DOCUMENT #9848755, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 9TRACTS 2 & 3) 7. THIS PROPERTY IS LOCATED WITHIN BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT #1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A DISTRICT. ( CONT. ON SCH. B, PAGE 2 ) Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A Schedule B And Cover Page Are Attached CASE NUMBER LAWYERS TITLE INSURANCE CORPORATION 2000 RR 211497 -Z (215) /khs OWNER POLICY OF TITLE INSURANCE SCHEDULE B DATE OF POLICY 9/25/2000 POLICY NUMBER 0211497 8. POLLUTION ABATEMENT PLAN DATED AUGUST 12, 1999, EXECUTED BY WILLIAM S. SMALLING, RECORDED AS DOCUMENT #199958420, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. (TRACT 3) 9. ORDINANCE ADOPTING THE LA FRONTERA WEST PUD NO. 39, RECORDED AS DOCUMENT #9923405, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (TRACTS 1, 2, AND 3) 10. AN EASEMENT DATED JULY 31, 1936, GRANTED TO TEXAS POWER & LIGHT COMPANY BY MRS. C.A. ANDERSON, RECORDED IN VOLUME 282, PAGE 368, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 11. AN EASEMENT DATED AUGUST 4, 1936, GRANTED TO TEXAS POWER & LIGHT COMPANY BY ERNEST A. ANDERSON AND WIFE, NANCY ANDERSON, RECORDED IN VOLUME 282, PAGE 374, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 12. AN EASEMENT DATED SEPTEMBER 18, 1939, GRANTED TO TEXAS POWER & LIGHT COMPANY BY ERNEST R. ANDERSON AND WIFE, MRS. NANCY ANDERSON, RECORDED IN VOLUME 300, PAGE 403, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 13. AN EASEMENT DATED MAY 30, 1951, GRANTED TO TEXAS POWER & LIGHT COMPANY BY ESTATE OF C.A. ANDERSON, DECEASED, RECORDED IN VOLUME 372, PAGE 63, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 14. AN EASEMENT DATED MAY 29, 1951, GRANTED TO TE4(AS POWER & LIGHT COMPANY BY ERNEST R. ANDERSON AND WIFE, MRS. E.R. ANDERSON, RECORDED IN VOLUME 372, PAGE 65, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 15. AN EASEMENT DATED APRIL 17, 1981, GRANTED TO THE CITY OF ROUND ROCK BY TOM KOURI, RECORDED IN VOLUME 850, PAGE 906, DEED RECORDS, CORRECTED AND RE- RECORDED AS DOCUMENT #9845176 AND DOCUMENT #9846348, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 16. AN EASEMENT DATED SEPTEMBER 23, 1985, GRANTED TO THE CITY OF ROUND ROCK BY TOM KOURI, RECORDED IN VOLUME 1250, PAGE 705, OFFICIAL RECORDS, WILLIAMSON ( CONT. ON SCH. B, PAGE 3 ) Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A Schedule B And Cover Page Are Attached CASE NUMBER LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF POLICY POLICY NUMBER 2000 RR 211497 -1 (215) /khs 9/25/2000 0211497 SCHEDULE B COUNTY, TEXAS. (EASEMENT FOR PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 17. AN EASEMENT DATED APRIL 12, 1999, GRANTED TO DDR DB DEVELOPMENT VENTURES, L.P., A TEXAS LIMITED PARTNERSHIP BY 35/45 INVESTORS, L.P., A TEXAS LIMITED PARTNERSHIP, RECORDED AS DOCUMENT 89923860, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ACCESS, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 18. TERMS, PROVISIONS AND CONDITIONS SET OUT IN THAT CERTAIN PERMIT TO APPROPRIATE STATE WATER DATED JANUARY 29, 1985, RECORDED IN VOLUME 2, PAGE 49, WATER RECORDS, WILLIAMSON COUNTY, TEXAS. (TRACTS 2 AND 3) 19. AN EASEMENT DATED AUGUST 15, 1958, GRANTED TO TEXAS POWER & LIGHT COMPANY BY ERNEST R. ANDERSON AND WIFE, NANCY M.. ANDERSON, RECORDED IN VOLUME 427, PAGE 11, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 20. AN EASEMENT DATED JANUARY 9, 1963, GRANTED TO SOUTHWESTERN BELL TELEPHONE COMPANY BY E.R. ANDERSON AND WIFE, MRS. MANCY ANDERSON, RECORDED IN VOLUME 457, PAGE 275, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR COMMUNICATION LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 21. AN EASEMENT DATED FEBRUARY 2, 1981, GRANTED TO LARTNEC INVESTMENT CO., AN IOWA CORPORATION BY TOM KOURI AND WIFE, HELEN KOURI, RECORDED IN VOLUME 824, PAGE 593, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 22. AN EASEMENT DATED FEBRUARY 2, 1981, GRANTED Tp LARTNEC INVESTMENT CO., AN IOWA CORPORATION BY TOM KOURI AND WIFE, HELEN KOURI, RECORDED IN VOLUME 824, PAGE 598, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 23. AN EASEMENT DATED AUGUST 24, 1981, GRANTED TO THE CITY OF ROUND ROCK BY TOM KOURI, RECORDED IN VOLUME 850, PAGE 902, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACTS 2 AND 3) 24. AN EASEMENT 15 FEET IN WIDTH IS RESERVED ACROSS SUBJECT PROPERTY LOT LINE FOR PUBLIC UTILITIES, AS SHOWN ON PLAT. (TRACT 3) 25. AN EASEMENT DATED JULY 31, 1973, GRANTED TO TEXAS POWER AND LIGHT COMPANY BY CELIA NEUMAN, RECORDED IN VOLUME 573, PAGE.270, DEED RECORDS, WILLIAMSON ( CONT. ON SCH. B, PAGE 4 ) Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A Schedule B And Cover Page Are Attached CASE NUMBER LAWYERS TITLE INSURANCE CORPORATION 2000 RR 211497 -Z (215) /khs OWNER POLICY OF TITLE INSURANCE SCHEDULE B DATE OF POLICY POLICY NUMBER 9/25/2000 0211497 COUNTY, TEXAS. (EASEMENT FOR ELECTRIC POWER LINE AND TELEPHONE LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACT 1) 26. AN EASEMENT DATED NOVEMBER 11, 1985, GRANTED TO TEXAS UTILITIES ELECTRIC COMPANY BY CELIA NEUMAN, RECORDED IN VOLUME 1500, PAGE 240, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC SUPPLY LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACT 1) 27. AN EASEMENT DATED SEPTEMBER 24, 1990, GRANTED TO TEXAS UTILITIES ELECTRIC COMPANY BY CELIA NEUMAN, RECORDED IN VOLUME 2019, PAGE 133, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR UNDERGROUND CIRCUIT, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACT 1) 28. AN EASEMENT DATED SEPTEMBER 14, 1995, GRANTED TO THE CITY OF AUSTIN BY GAY NEUMANN DEUTSCH, ET AL, RECORDED AS DOCUMENT #9543882, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR WATER LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACT 1) 29. A BOUNDARY AGREEMENT DATED SEPTEMBER 24, 1998, EXECUTED BY AND BETWEEN DEUTSCH GROUP, LTD., AND SAMUEL HARVEY NEUMAN, AND R & R MOBILE HOME JOINT VENTURE, RECORDED AS DOCUMENT #9900771, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (TRACT 1) Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A Schedule B And Cover Page Are Attached County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSI: Property Description for Parcel 72 Being all that certain 12.395 acre (539,926 square feet) tract of land situated in the Jacob M. Hausa ri 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 o£ 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 a surface e ad J a Plane factor to System, t NAD 83, Cent Zone and adjusted to surface using BEGINNING at a Texa3'Department of Transportation (TxDOT) brass disk in concrete (X = 3,128,841. 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 43 (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 44-inch iron rod found for the northwest corner of said 102.64 acre tract bears North 20 °37'22" West (N 1791'34" W), 1,502.03 feet; 1. THENCE. North 77 °45'55" East, crossing said 102.64 acre tract and along the ptoposed northerly right -of -way line of SII 45, a distance of 1,190.96 feet to a'/i -inch iron rod with TxDOT aluminum cap set in the easterly line of said 102.64 acre tact 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 "35'51" West, a distance of 527.32 feet to a TxDOT brass disk in concrete set for an angle point; ExHisR A Page 1 of 4176561parcel5ldoc\P.1A7 I.doe 5. South 77 °36'07" West, a distuice of 277.03 feet to a 4i -inch iron rod with TxDOT aluminum cap set in the westerly line of said 102.64 are tract and the westerly line of a called 1.31 acne portion of Old County Road 172 abandoned in Volume 47, Page 35 of the Williamson County Deed Records (W.C.D.it.), at 246.00 feet right of and perpendicular to SH 45 Baseline Station 4964-82.97, and being the southwest corner of tho herein described tract; THENCE, along the westerly line of said 102.64 are 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 Vs -inch iron rod with TxDOT aluminum cap set for an angle point; 7. North 06 °18'07" West (N 0399'49 "W), a distance of 51.00 feet to an angle point, from which a %-inch iron rod found bears South 49 °42'35" West. 1.02 feet; 8. North 13 °35'22" West (4 16 W), a distance of 305.73 feet to a Vs.-inch iron rod with TxDOT altaTfmtun cap set for an angle point; 9. North 67 °I3'08" East (N 69 °31'26" E). a distance of 23.15 feet to a lS -inch iron rod with TxDOT aluminum cap set for an angle point in said existing easterly right -of -way line of Old County Road I72; 10. VENCE, North 2009'52" West (N 17 W), along said existing easterly right-of- way line of Old County Road 172, a distance of 59.47 feet to the POINT OF BEGINNITNG 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. CaUs 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 S e r 4 Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (513) 899.8282 July 14, 2000 EXHIBIT /Q Page %• of 4 417653%13u ects■docNAP_72.doc La LrQT ■ • Moo halt Muff 1. • C mg% o - /CT raw was 717. 111 ms7Ctt CI - 117 •y 7701 70. ■070001 00. so II • 111110 1100 0.1.177 171101.177 • . rare 1 • •• 101TR7140UanT • • 70,0A-110 MIN? L - 017711177 1.111 L • 1.511.110 . 111, • V•IL+TY 70.1 J7c:T; • . 7 . � l �I' 171 t7 1177..r10Y 1 ua:si.1;:: 1 f7.r 7�1 rill,: 1 � NTa11. 0.1 1 IL MITA ni 07**at •. •70 10111111 •70 12011010101 701 7 0717 0• 7411 /d*C 171A71 .477 0001011011 171710 711 17. C1111101. 000 ••0 1711170 10 01110701 1171*0 77 .0.101 .00 071101 10 1.4001. 7. 71111 ROM 010 71771710117 711171! 7117 10117771 OF 1 00•0111O1 POI 1711.0 11S1M11106 NO WT 1177 7704.•* 0.4600710 MO 11100 0.770, .Q1171M1111 70 7117 7101. 7000.0 11000717101 10011 ON 11411 747 IS 0.710 et 1104.11 11r010TlON• 1117 07010701 1117 NOT 111170170 11117 10717, 1. 0.11.P.4.?.. 1•010•170 0FIC117. *11001 0. WILLIAMS. COATI 7. 1.1.7.7. 11711m71,1 017.7.170701 60007 7170 11120401 7. 1.0.1.0. 1,O IC *TC* •11.LIA16011 2a77771 PLO 11[70100 7• 11111 71.47 IS •22710 7• • *711.17 lira 140 701.0 01177171710*. 7. DC r 05(15 Oaf 4L11s 1400 Nom l: Pal • 011717 `1RW_11C //MC Ma. two 01 70.413. 70.7.70 00 mayo. 174. a Is 70/177 f 77.1110 70 0 . 1100 2.1.0701 TOI T SJW 77CI1P••I0 • •1 JACOB 111. HARRCLL MUMMY, A.-z44 SS /0! 7NK771 70. 107.74 ACA(S.• . 0ATEI - 71007105E011.0.1. S.N. 40 .11 NT7•3•01'E •.' • �•[ S.N. 11S � T s � 0 T y� ON SO - 50D700 1 PLO COUN Oai 7 R GA 0 iTS .. 1.31 AC1165 11745_ , GAIVA. / OLD MATT 710.0 111 1'Y 7 04..CRCP -0TT COTITI04. OF Access.. 1 CONTROL of acct! 70/45 1107 1 1Yf5. 1.... 702. AC1175 000. f07.00� 0.0 Y.C.T. Page ..3 of NA0 2000 DRAWN OT, JAS CHECKED SY1 WJ1 (RV =ED f. R. 41 0.0.1. 2.0.0* SN A! ACREAGE SUMMARY ut.IT. 7 BVRVCON INC. PROFESSIONAL. SURVEYORS 5374 1110. 290 '0271. 01.41 410 AUSTIN. TEXAS 70101 TELEPHONE 75121 595 -02112. FAX 05121 051 -5310 EM IL' oustinesurvcon.Dom SCALE, 1' 7 loo' JOB 017 41T.501 CAD FILE' par72 -ant -1 SHEET 3 OF 1 JsCOH M. E./BRILL SURVEY. A -284 91t••' • • ►aNW TA901 MKS CSS% M CO.CRETE Q • VET MIT MISS 4'SC a Ia101ETC 0 • SET 3•a. Rat veTax1T MV. t • • • maim ''1 teat Ras YKEC; 11W.= DI • lama 4• • 1• Ra1CnCT1 sane• 6 • eµe914Tes PoIni ! • PRKEntT LURi IL • 9A9tLdt IR • N13LtI1 sax WAS R IN C i STORS. L.P. ROC. .1113414 RTT•11 14'1 1.11441' • •1197::::::::::: 1.N. CS 1 1 ••* CC/ ' i 1 4 . ± 1 1 1 w 1 + 1 x 4 t (/1 l C.. CS V S u.) . 1171.39'ar3. } I O of 1 r i J I = 4 V �1 • 72 ' • •11 V� •r, 4 ` 4 cOnTS@ z cns� V idcwi7. , PROPOSCO R•13.1. S.N. 41 7 —�� A EI A A 3S /45 INVERRRS. L.R. 102.54 LOW 10C. w90E+40 O. R. 1. C. T. STIRVCON INC. PROFESSIONAL SURVETORS 5311 NWT. 290 WEST. suITE 400 AUSTIN. TEXAS 9701 TELEPMOPC 311121 999 -1292. PAR 15121 999 -9390 EMAtLI eu »inleurveen. 4031, SCALE' 7' . 100' OATE1 MAR 2000 ORAWM 971 JAB 11ECRED 971 1JJ. .409 a: 417-05s F.B. Al Sn 4S CAO PILE' 0A02 9ttt - 2 SHEET 4 03 4 ExHIBIT A Page _ of __f_ 1 IT). •11114.39 IIe.ET• L1. L O31.714 40Ra1 LA PAM SSO'9 iV 99 CA9IK T W 1 0 19 1.N.ES PARCEL PLOT � F p Q11 111101 TZ2 {l �N1 ORA LSS / L.P. 1 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT B Page 1 of .4. 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.RW.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 Ceordinate 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 %s -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 4 -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 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 -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 Y2-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", Chord Bearing and Distance of South 04 °18'14" East, 400.14 feet to a '/: -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 % -inch iron rod with TxDOT aluminum cap set for the most northerly northeast corner of said Lot 1, Block J of La Frontera Section (Subdivision, passing at 55.00 feet a '/= -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 EXHIBITS Page 2 of _4 Pages 4' 220.57' LT. PROPOSE0 S.N. 45 PARCEL 13 t STA. $05.30.30 35/45 INVESTORS. L.P. 102.64 ACRES 00C. 79903400 •• O.R.W.C.T. WHOLE PROPERTY INSET NOT 70 SCALE P.0 D. PARCEL 13 X•3 130.150.56 l•70.146 NOTES. B 17771.47. 610.38 I. BEARINGS AND COORDINATES ARE BASED 6N THE TEXAS STATE RATE COORDINATE S151EM. NA0 53. CEN75LL E0E ANO ADJUSTED TO SURFACE USING All AOJUSTIENI FACTOR OF 1.00015. 2. TNIS SURVEY VAS PERFORIED WITHOUT THE BENEFIT OF • COMMITIENT F01 TITLE IMSU3IANEE AIp NA1 MO7 INCLUDE EASEMENTS AND IN001001ION PERTAI5116 70 THIS TRACT. RECORD INFORNATIW SNO1N CM THIS PLAT i5 BASED ON PUBLIC IKOINATION. THE 50031130 NA5 N01 ABSTRACTED THIS TRACT. 3. P.U.E. INDICATES PUOL IC UTILITY EAIENENT. 4. I.C.E. INDICATES TEIPDRARY COIISTRUCTIGN EA5E1EN1. 5. M.G.0.5. INDICATES VILL1A10GN COUNT' PLAT REC01o6 6. 0.5.0.0.1. INDICATES OFFICIAL ACCORDS OF RILL/ANSON COUNTY. TEXAS T. TNIS PLAT I5 ACCOMPANIED 51 A SEPARATE IETES AND DONS DESCRIPTION. 5. TNE M10•OSED 6ASELIRE SHORN IENEGN 15 PER A DESIGN SCHEMATIC FILE .0Y 1 • C0.LIE AND SRADEN. INC. SATE: / - // -elo BEAT/ CANINE DISTERED PROFESSIONAL LAND SW5E101 EXHIBIT B Page 3 of 4 Page. 5L411E1 LEGEND • • FOUND TXD01 BRASS GIS0 IN COCRETE ❑ SET 1100T BRASS DISK IN CONCRETE O • 5E1 Me IRON R00 0 /17.001 ALUM. CAP • • 1010 Mf IRGN ROD UNLESS OTNERNISE NOTED ® • 1OOD 4' N 4' CONCRETE 1O140EEN7 p • CALCIAATE0 POINT LOT 3. 0100K G 2.04 ACRES • • PROPERTY LINE LA FRONTERA ▪ BASELINE SECTION Ilia ...... CABINET 5. SLIDES 69 -76 ML ITT POLE 71•C. P. 0.. 35/45 INVESTORS. L.P. 227.0302 ACRES " " "' •-••00c m9848753 485.34' 1111.45 1.011.36' PROPOSED R.O.W. s.N. 45 6.07 S.H. AS-N 571.45.55'0 73 57145 100.33' 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. A9048753 8.R.8.0.T. PROPOSED R.O.R. 5.N. 45 .JACOB M. HARRELL SURVEY. A-284 LOT 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66 -68 W.C.P.R. S.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. IRAWN 87: J08 L.P. 1 I ACREAGE SUMMARY 150.0.1.1 MIOI PROPE AREA ACCU10E0 RE W IAD[R LEFT 733.732 381.350 345.414 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 - 8262. FAX (5121 899 - 939 EMAIL: oustinO8urveOn.COm AD FILE: 00r73-shf -1 • • p�00 7900T BRASS DISK IN CONCRETE SET MOT BRASS DISK IN CONCRETE C) SET 11960 RIO 17,1001 *sum. Car • • Fc.p .„," IRON ROO UNLESS OTHERWISE 00010 Eg • MOO 4 a 4" CoNCRETE KINLIAENT 6 • CALCULATED 00101 • - PROPERTY 1114 ▪ 0.SELINE - UTILITY POLE ' 15/45 WESTOR. L.P. 22918382 ACRES DOC. 09848753 O.R.w.C.T. LOT 3 BLOCK 2.04 ACRES 270.15" EdittiT E Page 4 of 4 Pag PROPOSED R.O. S.H. 45 • LA FRONTERA SECTION 1118 CABINET S. SLIDES 69-76 W.C.P R. %. 0' 55 1.017.36' • DETAIL • to. 0 0 1 1' ." L., c° - • ,—,„ L.01.42. Olahs, • R.1.450.00' 00o • co.-.__,Cc 6.1575143 C.$04 14.E 2_, • •C ,.., •00.14 ' Cr. • . WO . z 1077 . . sts.00 q3 • • LA FRONTERA SECTION IV 0.002 ACRE RIGHT-OF-WAY DEDICATION CABINET S. SLIDES 66-68 • W.C.P.R. • PROPOSED R.O.W.,S.H. 45 -\ 57745550 L 500.63' 35/45 INVESTORS. 227.8382 ACRES . L01 1. eLooc J 11.751 ACRES DOC.w 9848753 • LA FRONTERA O.R.W.C.T. SECTION IV CABINET S. SLIDES 66-68 W.C.P.R. LOT 2 BLOCK G 1.40 ACRES PROPOSED 0.0.0 S.H. 45 STA. 511052.66 211.14 LT. 210.57' I SOVTS00E I 51294'01 3.94' 077 .5 ss E 1.017.26 PROPOSED 8.0.0. S.M. 45 SEE DETAIL 6 STA. 1l1071.05 211.07 LT. IL STA. 531.21.30 112.03 RT. 311.00' 20.00• •. • Isorls'oe•ci sir 14'94"E S.8.45 PARCEL PLAT FOR PARCEL 73.. COUNTY: WILLIAMS0N GRANTOR:35/45 INVESTORS. L.P. G SURVCON INC. PROFESSIONAL SURVEYORS 5316 NWT. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 1512/ 899-8282. FAX (512) 899-939 EMAIL: ous Inesurvcon.com SCALE: 1" = 100' JOS N: 417-658 OATE: APRIL 2000 F.B. s: 5H 45 ORAWN 07: ..11(13 CAO FILE: 050r73-snt-. County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT Page I of 4 Pages EXHIBIT 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 MB 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 Coordinat NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: BEGINNING at Y2 -inch iron rod with Texas Department of Transportation ( TxDOT) altithinum 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 corner 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 corner 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 112 -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 Y2-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 Ys-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 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 %: -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 c..Lot 3, Block F of said La Frontera Section IIIB 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 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 can 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 1: 4 1 7 651M &B'sNA R74.doc EXHIBIT C Page 2 of 4 Pages SURTEY LEGEND RA - FOUND TX201 BRASS 015K (5 CO16ETE ❑ w SET TKO07 BRASS DISK IN CONCRETE Q - SET ''1 IRON ROD ./7%007 ALAM. CAP f - FOUND 'y' [RCN R00 UNLESS 01NER51SE 30160 ® - FOINO 4' A 4' CONCRETE IDIAAENT D - CALCULATED POINT c FMPERTT LINE 8. - 6LSEL(NE 7A UTILITY POLE HIBIT C Page 3 of 4 Pages JACOB M. HARRELL SURVEY, A -284 35/45 1N963106S. L.P. RENA1NDFl1 OF CALLED 227.0302 ACRES DOC. 49848753 O. R. W. C. T. LOT 3 MdaSED 8.0.4. 8L0CK F LA FRONTERA S.A. 45 2.07 :ACRES SECTION II1D *1 01 *08 _____________ NET- S.-SL IDES 69 -76 s1An ss•TC'" WC. P:R,. S.cra.. \ ; 15' P.U. C S. .. C•P.A. AIDES 10-15_ `y MT7.43"SS'EII__JJ--��443.51' _.•� 14+ _ 11N01(OA E> 1 STA. 520447.65 217.70' LT. 3. 4. 5. (H01 45 00 11 1112'14'46'. 3.54 21 . 1 . Y JAY DEAN WOK REGISTERED PROFESSIONAL LAIC SU TER TEXAS REGISTRATION N0. 4345 520+00 1- 400.77' R- 4.550.00' 4- 11•48'52' [4104'41'35'5 319.45' LA FRONTERA SECTICN IV 0.001 ACRE RIGR7 -OFWAY OEDICATIpI CABINET 5 SLIDES 66-68 8.C.P.R. (54014'5211 577.45'55 PROPOSED R.O.W. S.N. 45 LOT 1. BLOCK K 1.42 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66-68 W.C.P.R. THE T TURNER. COA EM AND BRADEN. RE INC. DESIGN 555580118 i1L 6. 0.0. 108150705 001611166E EA9EIENT T. P.U.E. INDICATES PU111.16 UTILITY EASEMENT B. T.C.E. 17401641E5 TENPDRART CO15118J511 N F 2 1. KC.0.0, INDICATES WILLIANSON [AMA PLAT RECOI05 6. 8.0.8.0. INDICATES 51LL1A10ON COR17T DEED KURDS 10. T.C.P.R. INDICATES TRAVIS CART' PLAT RECORDS 11. T.C.O.R. INDICATES TRAVIS COUNTY OLEO RECORDS DATE. PROPOSED R.0. W. S. N. 45 I OF ACCESS I I : Y I I II I ' 1_ LOT 5. BLOCK F CA LA FRON T ER ES a- a SECTION CABINETS .o I I A {♦ e1 SLIDES 69./6 \ • W.C.E:7RI . � S , RESE - RVVEE ''FOR FUTURE $ 0E0IC5 B THEIST VT I Sr' �L• 95 A { S.N. 45 NOTES. • . . • 7• 711 ;O 1.1 CF 1. 0007 TOE � ADJUSTED TO SWAR IoFS F I i1WU$TIEIIT�' 111 AND TNT NOT EASEMENTS AND INFORSATIOII 11E5E TRACTS. RECORD 11U04147101 SUDAN ON THIS YAP 1S BASED ON PIBLIC RECOi0 NFONMTIOI. THE SUMTER 089 NOT A5S1386760 THESE TRACTS. .P.R.T.C.T. INDICATES REAL PROPTRT! RECORDS OF TRAVIS CORM TEXAS D.R.8.C.T. IIOICATES OFFICIAL RECORDS OF WILLIMEOI COR7T 0 CALE: 1 CURVE DATA L - (.230.95' R - 4.544.80' - 01422 Cs- 994.19 51'E CD- 1.230.10 Pc- 521.24.36 PT- 533458.31 E PI - 3.131.112.51 Y - 10.141,401.05 N LL 0 5.11.45 FOR PAR COUNTY: WILLIAIMSON GRANTOR:35 /45 INVESTORS. L.P ACREAGE SUMMARY 110.01. MOE PROMFaT 16[01 RED NI R REINTI ER RIGHT 1264.8521 (264.1321 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. -290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (5121 899 -9390 EMAIL: alLStlnesurvcon.cen DATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM F 100' JOB 4: 417 -658 .8. on SH 45 CAD FILE: por74-sht -1 SHEET 3 OF 4 SURVEY LEEEIl0 X rasa MOT BRASS DISK 1N CONCRETE ❑ • SET 72'OT BRASS DISE IN a:MOEIE O • SET 1•T• IRO ROD r/T2007 ALM. CAP ' FOUND kg IRO ROO VICES: BTNERr15E WED FCI110 4' x 4' CONCRETE 500AEN1 CALCULATED PO INT t • PROPERTY LIIE l • BASELINE • UTILITY POLE 35/45 INVESTORS. L.P. REMAINDER OF LA FRONTERA 227.8382 ACRES SECTION IIIB DOC. .9848753 CABINET 5. AIDES 69 -76 O.R.r.C.T. r. C.P.R. I , STA. 524+14.55 OLCCk 225.1D LT. 2.q7 ACRES S:R:•45 PROPOSEO fN0 . J13 IL HARRELL ..URVEY. - 284 c am. I: 1 L ' 1 L 1 `•.17 rt 013M 9 33 {C11•07 BRATTOH CEMETERY .11870.67' • 1/1.3.311.33.1 0.04.4012 1C- 115.35 Q6 E1 1270.60 1 1870.6` 517' R.3.1 . 15 11 770.60' a 017'45'55'E 44x.37' i i ------------ L�11i 177 5 I •SE TI0N 111 • . 5 I 9 U1 E S 69 -76 A:. L.,., \ 41--\ R16HTR -.FAT BUTT or a .0 DEDIC1TF BY THIS PLAT _ 74 3 ae = i EXHIBI T o SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (5121 899 -9390 EMAIL: cost 1 nesurvcon. can _ SCALE: 1' = 100' DATE: JUNE 2000 DRAWN BY: JK8 CHECKED 8Y: WJM J08 A1: 417 -658 .8. n: 5H 45 CAD FILE: par74 -sht -2 SHEET 4 OF 4 C Page ages 7 5/45 227. j82TLIR5. L.P. O OC. 1 ACRES D.R. r.0 aj 53 ODa LP. A eilV 'rit PAR}TLA?ES. OOC. 41 9! 44/8SRSN I P _C ". M. C,7 B LA FBa/TERAri%ACRES EA INET R E ut S Y. C.P.R. 0- '295 - CQTTgOI LF ACCESS oto A IL TOME. .0.5. CONTROL D ECESs 3:*3.131.711.46 11 T./0.141.3434:1 D STA. 126471.15 220.52' LT. LA FR 3.82D7 X CA17E aSECTIq jalll W.0 P 2 90- p " • a •o :lf. S. 15 NELSON. JR.. TRUSTEE N0. I1. TRACT IV PARCE 2 CALLED 3.233 ACRES 10084/93 - 103 1481 /T T.C.T. 1461/101 -711 S.H.45 PARCEL PLAT FOR PRCEL 74 COUNT GILL IAMTSON GRANTOR:35 /45 INVESTORS, L.P. ,. 35/45 INVESTORS. L.P. REMAINDER OF 227.8382 ACRES DOC. x9848753 O.R.W.C.T. &OCkF 2.q7 ACRES S:R: PR0P05ED)R.O.W. ( \2.\ 1 B 1[. HARRELL .,RVEY, A -284 L -10+.51' R- 1.01493' 4- I7•DI'23' C•741•49'07 300. ORATION CEMETERY S1KNE7 LECE • • POUND TXOOT BRASS 015K IN CONCRETE ❑ • SET 71007 BRASS 0158 IN COICIETE O - SET Li 1R011 RCO W/I800T ALIN. CAP ▪ • POND '.1 IRON ROD ULES5 OTHERWISE NOTED ® .. FOUND 4' x 4' [EXCRETE MOMENT ▪ • CA1CILATE0 POINT ▪ PROPERTY L11E t i c � • BASELINE tX • UTIL ITT POLE LA FRONTERA SECTION IIIB CABINET S. AIDES 69 -76 W.C.P.R. (0 .8.311 (8- 0 p ! 11 (C -•2.35 116'El (270.60 1 1.270.67' 0.0.31 169' �2 6-01• . C-0710. 11"E 270.60'+ N 1 (000 14)52'EI 1 11 `1 -------- LL , 1 11 ' 4 5. ACRES F 1 ( 1 'LA FRONTERA TSE8TI0N I11 C INET $ 1 511 E5 69 -76 -: .1 .` C.P.A. - _ RESE FOR F RIGHTS -.1.7! UNRE . 8 LA as ± • 1 - \ c + ` DEOIC�7F` BY THIS PLAT N 1 _1 44 1 -, \ A _. 741, La J 2 1 \ 1 \ 1 ': S.H. CONTROL OF ACCESS 45 .0.71. 7 ' N TRCL OF ACCESS 8.7.131.757.66 7.40.1453X.62 0 STA. 526+79.15 220.92' LT. LA FR 3.8Zj X C��ERA WSC p 290l29SPLAT) R.OfPergp 4s TOM E. NELSON. JR.. TRUSTEE NO. 77. TRACT IV CALLED 3.233 ACRES 10004/93 -103 R.P.R.T.C.T. 1481/701 -711 O.R.W.C.T. S. H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSCN GRANTOR:35 /45 INVESTORS. L.P. 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (512) 899 -9390 EMAIL: oust ln50Orvcon.00111 SCALE: 1' 100' DATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM I I JOB #: 417 -658 F.B. #: SH 45 CAD FILE: psr74 -8ht - 2 SHEET 4 OF 4 (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' lees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' tees and expenses incurred by the insured claimant. which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage. other than the payments required to be made, shall terminate. including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least o1: (i) the Amount of Insurance stated in Schedule A; (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect. lien or encumbrance insured against by this policy at the date the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 0l these Conditions and Stipulations. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated In Schedule A, then this Policy is subject to the following, (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date 01 Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of 'this paragraph shall not apply to costs, attorneys' lees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' lees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8, APPORTIONMENT. If the land described in Schedule A consists of two or more parcels that are not being used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time 01 the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all as insured. or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken In Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. B 1178 -22 • CONDITIONS AND STIPULATIONS — CONTINUED 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. II requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion that the Companys payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the Company by reason 01 the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules or the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules in effect an the date the demand for arbitration is made or, at Me option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' lees only if the laws of the state in which the land is located permit a court to award attorneys' lees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, it any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision, and all other provisions shall remain in lull force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to. Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim That you have tiled, contact the agent or write to the Company that issued the policy. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714 -9091, Fax No. (512) 475 -1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy. CONTROL NUMBER B11- 0010009 Jwyers]Jt Insurance Crporation TEXAS OWNER POLICY OF TITLE INSURANCE ISSUED By jawyersrlideInsurance opo, Batton HOME OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235.5153 A WORD OF THANKS As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department awyers itle Insurance Crporation 7557 Rambler Road, Suite 1200 Dallas, Texas 75231 TOLL FREE NUMBER: 1- 800- 442 -7067 RESOLUTION NO. R- 00- 08- 28 -3A4 WHEREAS, the City desires to purchase a 27.466 acre tract of land for additional right -of -way for SH 45, and WHEREAS, Roadway Investments, L.P., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Roadway Investments, L.P., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED ATTEST: this 28th day of August, 2000. E LAND, City Secretary \ wPDOCS\RESOLUxx \R00328A4.wen /sc City of Round Rock, Texas State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between ROADWAY INVESTMENTS, L.P., Texas limited partnership (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the three parcels of land containing approximately 27.466 acres of land (1,196,436 square feet) situated in Williamson County, Texas, being more particularly described as follows: 1) Parcel #72: 12.395 acre tract, (539,926 square feet) as more particularly described in Exhibit A, attached hereto and incorporated herein; 2) Parcel #73: 8.899 acre tract, (387,658 square feet) as more particularly described in Exhibit B, attached hereto and incorporated herein; and 3) Parcel #74: 6.172 acre tract, (268,852 square feet) as more particularly described in Exhibit C, attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. c: \WPGOCS \ACITY \SH 4, \LaPronteza \ROaaway Investments \K- ffinal ,diets ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Eight Million Eight Hundred Eighty -nine Thousand, Five Hundred Nineteen and 48/100 Dollars ($8,889,519.48) The purchase price is based on a price of $7.43 times the number of square feet of the .Property ( 1,196,436 square feet.) Notwithstanding the foregoing, if the number of square feet is adjusted up or down prior to the closing date due to redesign of SH 45 by the Texas Department of Transportation, the purchase price is to be increased or reduced by the product of $7.43 times the number of square feet of the Property more or less than 1,196,436. In addition, the parties agree that the purchase price for the Property shall be increased by the sum of $2,600.00 per day for each day beginning August 21, 2000 until the closing date. Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within thirty (30) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round Rock, Texas 78664, to issue a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of twenty (20) days after Purchaser receives the Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller 2 shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the offices of Brown McCarroll Sheets & Crossfield, 309 E. Main St, Round Rock, Texas, as set forth below, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). The parties hereto acknowledge that the Purchaser is applying for a loan from the State Infrastructure Bank (SIB) to finance the purchase of the Property. The SIB gave approval of the loan on July 27, 2000. Upon final approval of the loan documents, it is anticipated that loan funds will be available approximately thirty (30) days thereafter. The parties hereto also acknowledge that in the event the SIB loan documents are not approved, the Purchaser will need reasonable time to obtain traditional municipal bond financing, which could take up to 90 days after the process is begun. Therefore, the parties agree that the closing date will be whenever the SIB loan funds are available to the Purchaser, or whenever municipal bond funds are available to the Purchaser, or on December 1, 2000, whichever first occurs. Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. 3 The aforesaid Special Warranty Deed will include provisions that (1) it is being delivered in lieu of condemnation, (2) Seller has made no representations or warranties concerning the Property and that Purchaser is purchasing the Property AS IS, and (3) as to Parcel #72, (Exhibit A) access to and from Grantor's remaining property to SH 45 will be denied between a point being 398 feet from the beginning of the second call and a point being 210 feet from the beginning of the fourth call. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Purchaser; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. 4 ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Eight Hundred Dollars ($800.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 5 ARTICLE IX MISCELLANEOUS Assignment of Contract 9.01. (a) This Contract may not be assigned without the express written consent of Seller. Regardless of the foregoing, Purchaser may assign this Contract to the Round Rock Transportation Development Corporation. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 6 Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract (j) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Effective Date (k) This Contract shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Driveway Curb Cuts (1) Seller has presented to Purchaser a request for approval of various curb cuts that will allow driveway access to the Property from other lands owned by Seller (the "Driveway Curb Cuts "). Purchaser has agreed to permit the Driveway Curb Cuts as submitted by Seller. Purchaser further agrees to support Seller in Seller's requests to the Texas Turnpike Authority and the Texas Department of Transportation for approval of the Driveway Curb Cuts. Date: 4 SELLER: Roadway Investments, L.P. By: 35/45 Holdings, L.L.C., Ge - al P. tner By: William S. Sm ng, Manager 7 Date: 248-60 By: PURCHASER: CITY OUND ROC TEXAS H obert A. Stluka, r., Mayor 8 221 E. Main Street Round Rock, Texas 78664 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CST: 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' /cinch iron rod found for the northwest corner of said 102.64 acre tract bears North 20 °37'22" West (N 17 °51'34" W), 1,502.03 feet; L THENCE, North 77 °45'55" East, crossing said 102.64 acre tract and along the proposed northerly right -of -way line of SIl 45, a distance of 1,190.96 feet to a VI-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 °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; ExHIBrr A Page / _ of _ — 417656 \ parcels doc \PAR72. d.oc 5. South 77 °36'07" West, a distance of 277.03 feet to a %x -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'/ -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 1/2-inch iron rod found bears South 49 °42'35" West, 1.02 feet; 8. North 18 °35'22" West (N 16 °1704" W), a distance of 305.73 feet to a 1/2-inch iron rod with TxDOT aluminum cap set for an angle point; 9. North 6713'08" East (N 69 °31'26" E), a distance of 23.15 feet to a 1/2-inch iron rod with TxDOT aluminum cap sel 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. Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite480 Austin, Texas 78735 (513) 899 -8282 July 14, 2000 EXHIBIT /9 Page . of 4 41'7658 \pacac1s \doe PAR72_doc --R CONTROL OF ACCESS 5.31'25'01 `•e. _ A�-i1 NU' WOVE 1 I ABANOONWR , 1 01.0 COUNTY ROAD 172„...:_____, 1.71 40RE5.- 47/35 N•J !' , , � 1 Sa8• T1 CONTROL 7 L i� 1 1 1 CONTROL OF ACCESS 440 DETAIL 7 A' B DE, T�A 14 IF 4 , 1 4:-- A__.___4 1A-- 4A- emu - IA 1 51.00' ------ 1 1 II 44410.5A'53^/l N717'07 52.61' Ns REGISTERED X STRAT15 NCO .D SURVEYOR 345 SANYEY LEDEIU w . FCUNW THO07 511.455 015E 10 4.4x:00110 ❑ - SET 7110011 BHA55 015E IN @YCIN:TE O - 3E7 Iii IRON R00 1 /70007 ALUM- 1110 • FOUND 1 .t IRON 000 001550 07000015E 00700 ® .. FOND 4' x 1' 00NFEIE 0016.00 G CALCULATED POINT N. - PROPERTY LINE IL . BASELINE • 71711100 OSLO PR0POSE0 R.O.W. S.H. 45 577.35 OT 277 NOTES fa :o 441?- - 'T 4. 7Q7 0 0 5 4 4 0 114 H R3. 2010E WI0 MANE AOJUSTEO TO 5URFACE USING AM AOJUSTIITNT FACTOR OF 1.00011. 2. C TITLE NoUR T ANCE AN0WY NOT 11ULUOE EA5ENENTS 4440 INFORMATION PCR14151100 TO THIS 1111007• RECORD INF 50t7110N 505RYEYOR0HA5 THIS FLAT is BASEP NOT A95Ti1ACTEO THIS TRACT• 0.0•0.0,7. I001CATE5 OFFICIAL 0ECDR05 OF W1LL1AW5011 COUNT} T 4. 5.0.0. IIUICATES 111LL1A445LN 001510 0E10 0E0O4305 5. 50.0.7.0. INDICATES 011.1.10 5145 COUNTY PLAT 0000005 6. 11110 RAT (5 ACCOIPANIEU 9Y A SEPARATE 1E705 400 OWHN5 705CRIPTION. T. THE PROPOSED BASELINE SNOOP 000001 15 PER A 000115 700050TIO FILE PR0111000 ay TURNER. 0OLLIE AJ0 6RAOE0. 1440 0.410.! - 2V JACOB M. HARRELL SURVEY, A -284 35/45 INWEST0R5• LoS• 102.04 ACRE5, 00C. 119900.4110 PROPOSED R.O.W. S.H. 45 71.45'55 "E 1.18046' STA. 44? -••00 t OF ;t �,GISi'E' ,. JAY DEAN CANINE C S 4316 '� S S N f e S L1 pV P.3.0. 1j 0L0 COUNTY ROAD 172 WHOLE P 0 2RTY * INSET su11 5.H. 45 --_ PNOP05ED S.H. 45 35/45 102.00 ACRES p/1. L.4 . HiB ELF A 002. '19503000I1 0.R W.C.T. Page 3 of 4 HATE: MAP 2000 BRAWN BY: AB HECKED BY: WJ41 I ACREAGE SUMMARY 4110• 7.1 BTTIIVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 400 AUSTIN. TEXAS 70701 TELEPHONE (512) 899 - 8202. FAX (5121 899 -9390 EMAIL: oUSTlnlasurVOOn. 00741 SCALE: 1" = 100' _JOB 4F: 417 -65B F.B. #: SH 45 CAD FILE: nar72 - sht - 1 SHEET 3 OF 1 R.O.W. 5.0. 45 ,,..,..,„ ..,__ / CONTROL OF ACCESS - ' „ --- ___ ------------ ,''/ 11 M 1 1 II-I 0 --- 01 ' 118-471 'i i Bt ‘ IAA 1 5054o0 —' 1 5 <, 0450E0 LEGEND JACOB g. HARRELL SUBVSY, A-284 15/49 DA/MORS. L.P. 102.64 ACRES 00C• 25903460 M'T•AVSVE 1,14044' W..104.05-71 CUNTACT ACCESS..-\ PR3P0SED P.O.W. S.H. 45 200.00 RT- Tr 55' 51 "A 02 2' 35/15 INVESTORS. L.P. 102.64 ACRES DOC. 25005400 STA. 803025.30 220.57' 1.T• 3 7 45 22 71.11351527n:& L. DOC. 25048753 O.R.W.C.T. 1, '6 4 8. S.H. 45-1 57776'07E igoin4 Ur 1 . - r - 11.751 ACRES LA FRONTERA SECTION IV CABINET 5 SLIDES 65-68 2.4.45 W.C.P.R. PARCEL PLAT FOR PARCEL 72 COUNTY. WILLIAMSON 0RANTOR135/45 INVESTORS. L.P. FOUND 11007 BRASS 0155 00 00NE0ETE CD SET 76007 BRASS 0105 IN CONCRETE () sgy IRON NCO W/TX00T ALuN. CAP • - FOUND IRON ROO UNLESS OTHERWISE - FOUND AR x A CONCRETE MoN0NEBT A . cALCBLATED POINT 0 . PROPERTY LINE A . ROSELIKE otILlfl POLE EXHIBIT Page of sillrcot; PROFESSIONAL SURVEYORS 5316 464. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899 FAX (5121 4199 EMAIL0 luOTT0088Urvcon.0081 sena, 1" - 400' OATES MAR 2000 DRAWN BY: JOB CHECKED BY: WJ JOB V! 417 F.B. #: 5H 45 CAD FILE: 0ar72-5111I-2 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 a Pages Property Description for Parcel 73 EXHIBIT 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 1/2-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 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'' /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 V2 -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'h -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 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'/: -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 1/2-inch 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 %] -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 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 EXHIBIT A Page 2 of Pages PROPOSED S.H. 45 PARCEL 73 35/45 INVESTORS. L.P. 102.64 ACRES DOC. 289903480 DEAN CANINE EGISTEREO PROFESSIONAL LAND SUiVEYOR TEXAS REGISTRATION N0. 4345 WHOLE PROPERTY INSET NOT TO SCALE 45� N77. 76'07'E S.H. 510.00 SURVEY LEGEND NOTES: SID. 599 20 60 919.41 0 . 1. BEARINGS AND COORDINATES ARE BASED 014 THE TE285 STATE PLANE COORDINATE SYSTEM. NA0 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORLEO WITHOUT THE BENEFIT OF • COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT. RECORD INFORMATION SHORN ON TN15 PLAT I5 BASED ON PUBLIC INFORMATION. THE SURVEYOR HAS W01 ABSTRACTED THIS TRACT. 3. P.U.E. INDICATES PUBLIC UTILITY EASEMENT. 4. T.C.E. INDICATES TE1R00ARY CONSTRUCTION EASEMENT. 5. 8.C.P.R. INDICATES RILLIAM50N COUNTY PLAT RECORDS 6. 0.8.8.0.T. INDICATES OFFICIAL RECORDS 06 wILL1AM5O1 COUNTY. TEXAS T. THIS PLAT IS ACCOMPANIED BY • SEPARATE HETE5 AND 8OUN05 DESCRIPTION. 6. THE PROPOSED BASELINE SHOWN HEREON 15 PER A DESIGN SCHEMATIC FILE PRO .8Y 1 . COLLIE A40 BRADEN. INC. '' DATE: g - /7 .9 .:% 70 FOUND TX00T BRASS 015A IN CONCRETE SET 'MOT BRASS DISK IN CONCRETE SET '.s IRON R00 W /T0001 ALUM. CAP FOUND 'y IRON 000 UNLESS OTHERWISE NOTED = FOMD 4 A 4" CONCRETE MONUMENT = CALCULATED POINT LOT 3. BLOCK G 2.04 ACRES = PROPERTY LINE LA FRONTERA = NE SECTION IIIB BASELI - -- CABINET 5. SLIDES 69 - 76 - UTILITY POLE 35/45 INVESTORS. L.P. 227.8382 ACRES DOC._ .19848753 495.64' TAI R.X.P.6. 43 -,E� N17 "E 1.011.36' PROPOSED R.0.w. 5.H. 45 P.O 8. PARCEL 13 X =.130.150.56 0-10.148.834.:9 S77 JACOB M. HARRELL SURVEY. A -284 35/45 INVESTORS. L.P. 227.8382 ACRES DOC. 09048753 LOT 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66 -68 w.C.P.R. 8.15• PROPOSED R.O.w. S.H. a5� 900.63 I /AT ACREAGE SUMMARY 150.FT.1 AREA REMAVEO LEFINT 133.132 387.658 5.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. G SURVCON INC. PROFESS IONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (5121 899 -939 EMAIL: Ousts oosurvcon.com JOB K: 417 - 658 ATE: APRIL 2000 F.B. sr: SH 45 DRAWN BY: JKB CAD FILE: por73 -sht -1 CHECKED 8Y: WJM SHEET 1 OF 2 345.474 SURVEY 1E0E 1 . FOUND MOT BRASS 0(5K IN CONCRETE ❑ . SET MOT BRASS 015K IN CONCRETE 0 - SET " IRON 000 4/11007 ALUM. CAP • . FOUND '•r IRON R00 UNLESS OTHERWISE NOTED ® . FOUND 4' x 4' CONCRETE 6JNU6ENT A . CALCULATED POINT 6 . PROPERTY LINE 11lnn = BASELINE vL • UTILITY POLE . 0 - n "35/45 INVESTOR L.P. 22'7'.8382 ACRES DOC. 409848753 O.R.W.C.T. LOT 3 BLOCK G LA FRONTERA 2.04 ACRES SECTION IIIB CABINET 5. SLIDES 69 -76 W.C.P R. 1=4I W.C. .B S ti - 16] 278.15' 077 H77.36'07'E 515+00 73 PROPOSED R.O. 5.H, 45 LA FRONTERA SECTION IV 0.002 ACRE RIGHT -OF - WAY DEDICATION CABINET 5. SLIDES 66 - 60 w.C.P.R. PROPOSED 0.0.W.',5.H. 45 571.45'55'0 900.63' 35/45 INVESTORS. L.P. *_ 227.8382 ACRES DOC.n 9848753 D.R.W.C.T. 1.01' 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET S. SLIDES 66-68 W.c.P.R. LOT 2 N11 1.017.36' OE7AIL 'A' LOT 2 BLOCK G 1.40 ACRES 216.5 35.00' PROPOSED R.O.W. S.H. 45 STA. 518+52.66 216.14' LT. / 1.011.36 PR0005E0 R.O.W. S.H. 45 5E0 WAIL l 5TA. 518. 77.65 218.07 L7. _ 6 5TA. 5.18 +21.30 182.03' RT. 1503'45'08 612 3 -98' AANT L.A01.42' 8.1.450.00' .15'51'43' 44504 400.144' 20 -00' S.H.45 PARCEL PLAT FOR PARCEL 73 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 (5121 899 -939 EMAIL: oustln0survoon.com SCALE: 1" = 100' JOB a: 417 -658 GATE: APRIL 2000 DRAWN 8Y: JKB CHF0KFD HY: W.IM 1509''45' 08'E 1 512 "E 3.94' O 5 1 00 ¢ WO . = Oy13 O -h 0 W 4 z ¢ 03 ¢ .0. m: SH 45 AD FILE: PGr73 - sht - : SHEET 2 OF 2 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: 1: \4 176581M &B's\PA R74. doc EXHIBIT Page 1 of 4 Pages Property Description for Parcel 74 EXHIBIT 1 c 1 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 ''h -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 corner 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 corner 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 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 '/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; 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 are 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 %s -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 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 Dean Canine li � ry �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 J: \417658\M &B'S\PAR74. doc SURVEY LEGEND W `• - FE180 7X001 BRASS 5(5K 194 60601E15 ❑ - SET DORT BRASS DISK TN CONCRETE o a SET "' (904 R00 8/TXDOT ALUM. CAP • - FOUND 1067 IRON ROD UNLESS 011M914156 NOTE0 = FOUND 4" x 4` CONCRETE AONUIENT 6 ■ CALCULATED POINT t a PROPERTY LINE t = BASELINE = UTILITY POLE 8 STA. 579 +11.65 217.78' LT. f Km* 45'OB'W 412 "W 3.91 NOTES: f1G FASEIENT 35/45 INVESTORS. L.P. REMAINOER OF CALLED 227.8382 ACRES DOC. #9848753 O.R.W.C.T. LOT 3 PgOPOSED R.O.N. BLOCK F LA FRONTERA S.R. 45 2.07 ;ACRES SECTION IIIB ------ CABINET-S.-SLIDES 69 -76 aT.c.F.A 15' P•U.E 1 s � \ [- S. SLIDES 69 -16 1 Y.0 P, R. ` 8 37'4.30' _ _ 1 N77•a5'S5'E ff 4 _ IN 43.57 1 U N77•36'07 "6 520400 1- 400.71' R- 1.950.00' 4- 1•48 04404 399.85' LA FRONTERA SECTION IV 0.001 ACRE RIGHT- OFWAY, DEDICATION CABINET S SLIDES 66-68 9.0.6.R. CONTROL' OF ACM 1580.14'52'9 517 55'8' \ --PROPOSED R.O.M. S.H. 45 LOT 1. BLOCK K 1.42 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66-68 9.0.6.R. 1. BEARINGS MO COORDINATES BASED ON THE TEXAS STATE PLANE CCO101NATE SYSTEM. NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURANCE AND MAT NOT PERFORMED CLUDE EASEIEEA BENEFIT INFORMATION PERTAINING TITLE THESE TRACTS. RECORD INFORMATION 51080 ON THIS MAP IS BASED ON PUBLIC RECORD INFOtMATI0N_ THE SURVEYOR HAS NOT .ABSTRACTED THESE TRACTS- 3. R.P.R•T•C.T• INDICATES REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS 4. 0.8.8.0.7. 114)1CATE5 OFFICIAL RECORDS CF •ILLIANSON COUNTY It 5. THE BASELINE SARAN HEREON i5 PER A DESIGN SCHEMATIC FIL BY TURNER. COLLIE AND BRADEN. INC. 6. D.E. INDICATES DRAINAGE EASEMENT 7. P.U.E. INDICATES PUBLIC UT1LIT7 EASEMENT 8. T.C.E. INDICATES TEMPORARY 0095TRDCTI04 EASEMENT 9. 0.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS 8. 9.6.0.9. INDICATES WILLIAM50N COUNTY DEED RECORDS 10. T.C.P.R. INDICATES TRAVIS COUNTY PLAT RECODS 11. 7.0.0.8. INDICATES TRAVIS COUNTY DEED RECORDS SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282, FAX (512) 899 -9390 EMAIL: austinesurvcon. corn SCALE: 1" = 100' DATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM JOB #: 417 -658 F.8. #: 50 45 CAD FILE: par74 -s11t -1 SHEET 3 OF 4 DATE- G - /4.<9e) JAY DEAN CANINE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION 143. 4345 JACOB M. HARRELL SURVEY. A-284 3 STA. 5204-17.65 PROPOSED R.O.M. S.H. 45 217.67 LT CONTROL OF ACCESS 9I g I E S.H. 45-7 l+ ' 1 II LOT 5. BLOCK F CALLED 6.17 ACRES I r • LA FRONTERA om* S I SECTION TISB .� 1 SLIDES 65.46 RESERVE TOR FUTURE I RIGHT -WAY. BUT NOT I 061310.TTTTTTED BY THIS PLAT I II Q CURVE DATA L - 1.230.95' R - 9.567 80' - 07'22 CB= 588•18 51"E CD- 1.230.10 PC. - 533459.31 Pim 5 .93 T - 10.149.401.09 i LL 0 N W N L1.J z 5.9.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. ACREAGE SUMMARY 150.67.1 MOLE PROPERTY AREA ACQUIRED 0EMA)NDER IE0 6.17 1268.11 21 4268.8524 0 0 [ . PROPERTY LINE 11B�. • BASELINE • UTILITY POLE CONTROL OF ACCESS 35/45 INVESTORS. L.P. REMAINDER OF LA 5.9067096 227.8382 ACRES SECTION 1116 DOC. 09848753 CABINET 5. SLIDES 69 -76 0.0.9.5.T. 0.0.7.6. STA. 524 +14.65 1lLQGk3F 220.90 LT. 2.97 ACRES SS R. PROPO$EO iR•O. W. BRATTON CEMETERY SURVEY LEGEND IN . FOUND TOOT BRASS DISK IN CONCRETE ❑ . SET TXDOT BRASS DISK IN CONCRETE Q • SET 'K 'ROM ROD W /TKDOT ALUM. CAP 41 . ramp .1 IRON ROD UNLESS OTHERWISE N0TE0 ® • FOUND 4' z 4' CONCRETE MONUMENT 6 . CALCULATED POINT 'OB Y. HARRELL .URVEY,A -284 :11=270.61'1 (R.5.516.09'1 IA.04'4012'1 1C.N92 98 (1 1270.60 1 1 .210.67' 0'3.71 89' 6004'4W 01180• 11'0 270.60'+ U. 1 1 1 IAA 5. ACRES F 80,17 06 ACRES II SE__R III 9L7:"• 69 -76 F - 1 . ` Rff: FOR FUTURE I m� o• RI BAY. BUT NOT n ° UJ LLI 8 ' ` OEOI"T ,k'f 81 THIS PLAT k s -J 1 5151 1t1l11 1 L.T01.54' 4 Q R.M.OU.93' 1..17.01'33' I C.561 35 /95 227f g gp RS D OR p�8�53 i. P. DOq LP A X VIIM O PA NTIIRES. CALLEO 74 625 ACR7�RSNIP DO ft w C £S F 1 r 1�5 1* q CA81 1 RSECTI4 fA11! W pl RES 290 -gs ATl it S.M. 45 .0.0. p i TRa 00 ACCESS 0.3031.797.66 Y.10.149.580.82 B 570. 526+79.15 220.92' LT L' LA FR0N7 R RSESLID S ig 1f REP W.C. s 290- pgSLAT) R. 07755D 45 TON E. NELSON. JR.. TRUSTEE N0. i1. TRACT CALLED 3 233 ACRES 1 0084/93 -103 R.P.R.T.C.T. 14 81/701 -711 0.9.8.5.7. S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. SCALE: 1" = 100' DATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX 1512) 899 -9390 EMAIL: Oust ln[+survc0n.caf JOB +A: 417 -658 F.B. #: SH 45 CAD FILE: par74 -sht -2 SHEET 4 OF 4 DATE: August 25, 2000 SUBJECT: City Council Meeting — August 28, 2000 ITEM: 3.A.4. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Roadway Investments, L.P. for the acquisition of approximately 27.466 acres of property for SH- 45 right -of -way. Staff Resource Person: Jim Nuse, Public Works Director. State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between ROADWAY INVESTMENTS, L.P., Texas limited partnership (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the three parcels of land containing approximately 27.466 acres of land (1,196,436 square feet) situated in Williamson County, Texas, being more particularly described as follows: 1) Parcel #72: 12.395 acre tract, (539,926 square feet) as more particularly described in Exhibit A, attached hereto and incorporated herein; 2) Parcel #73: 8.899 acre tract, (387,658 square feet) as more particularly described in Exhibit B, attached hereto and incorporated herein; and 3) Parcel #74: 6.172 acre tract, (268,852 square feet) as more particularly described in Exhibit C, attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. C: \WPDOCS \ACITY \SH as \Larrontera \Roadway Invea tments \K -final . wpd /s1� ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Eight Million Eight Hundred Eighty -nine Thousand, Five Hundred Nineteen and 48/100 Dollars ($8,889,519.48) The purchase price is based on a price of $7.43 times the number of square feet of the Property ( 1,196,436 square feet.) Notwithstanding the foregoing, if the number of square feet is adjusted up or down prior to the closing date due to redesign of SH 45 by the Texas Department of Transportation, the purchase price is to be increased or reduced by the product of $7.43 times the number of square feet of the Property more or less than 1,196,436. In addition, the parties agree that the purchase price for the Property shall be increased by the sum of $2,600.00 per day for each day beginning August 21, 2000 until the closing date. Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within thirty (30) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round Rock, Texas 78664, to issue a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of twenty (20) days after Purchaser receives the Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller 2 shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the offices of Brown McCarroll Sheets & Crossfield, 309 E. Main St, Round Rock, Texas, as set forth below, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). The parties hereto acknowledge that the Purchaser is applying for a loan from the State Infrastructure Bank (SIB) to finance the purchase of the Property. The SIB gave approval of the loan on July 27, 2000. Upon final approval of the loan documents, it is anticipated that loan funds will be available approximately thirty (30) days thereafter. The parties hereto also acknowledge that in the event the SIB loan documents are not approved, the Purchaser will need reasonable time to obtain traditional municipal bond financing, which could take up to 90 days after the process is begun. Therefore, the parties agree that the closing date will be whenever the SIB loan funds are available to the Purchaser, or whenever municipal bond funds are available to the Purchaser, or on December 1, 2000, whichever first occurs. 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: Seller's Obligations General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. 3 The aforesaid Special Warranty Deed will include provisions that (1) it is being delivered in lieu of condemnation, (2) Seller has made no representations or warranties concerning the Property and that Purchaser is purchasing the Property AS IS, and (3) as to Parcel #72, (Exhibit A) access to and from Grantor's remaining property to SH 45 will be denied between a point being 398 feet from the beginning of the second call and a point being 210 feet from the beginning of the fourth call. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Purchaser; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. 4 ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Eight Hundred Dollars ($800.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 5 ARTICLE IX MISCELLANEOUS Assignment of Contract 9.01. (a) This Contract may not be assigned without the express written consent of Seller. Regardless of the foregoing, Purchaser may assign this Contract to the Round Rock Transportation Development Corporation. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 6 Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract (j) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Effective Date (k) This Contract shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Driveway Curb Cuts (1) Seller has presented to Purchaser a request for approval of various curb cuts that will allow driveway access to the Property from other lands owned by Seller (the "Driveway Curb Cuts "). Purchaser has agreed to permit the Driveway Curb Cuts as submitted by Seller. Purchaser further agrees to support Seller in Seller's requests to the Texas Turnpike Authority and the Texas Department of Transportation for approval of the Driveway Curb Cuts. Date: O. SELLER: Roadway Investments, L.P. By: 35/45 Holdings, L.L.C., e Partner 7 Date: g-as-oo PURCHASER: CIT IUND ROCK TEXAS ert A. tluka, d Mayor 221 E. Main Street Round Rock, Texas 78664 8 County: Williamson Highway: State Highway 45 Limits: From West of US 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 1 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 SH 45, a distance of 1,190.96 feet to a VI-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 °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 +23/7, 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 7215'51" West, a distance of 527.32 feet to a TxDOT brass disk in concrete set for an angle point; EXHIBIT A Page / of 417656 \ parc el sldoc\PAR72.d oc 5. South 77 °36'07" West, a distance of 277.03 feet to a 14-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'' /•- -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 %z -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 14cinch 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 A Page .- of 4 417658 \parcels \doc\PAR72do c , 3.1. 551!001 LEGE10 A . scam TMOOT BRASS SISO IN 001011ETE Q - SET TM00T BRASS DISK IN CO•0001E o - SET 1000 000 W.'TSOOT 44.00. CAP • 0011110 '.t IRON 000 UHLE55 001600155 50100 E5 - FOIN0 4 • 1' COMPETE 001 6IFNT 0. - 011.00.0700 WINE • PR0PER7Y LINE y -0. , - 90501.33E v . I0Tn ITT POLE Y- 10.149.959.94 .r 4 STA. 4$.4. 221.36 LT._ 001031. JACOB H. HARRELL SURVEY, A-084 35/45 INVESTORS. 102.04 ACRES./ _ DOC. 419905 0 - *700 45'55" • , M OF ti�JrG1 S T 1 JAY DEAN CANINE 4345 S u P.0.0. O • TY II 7 •31'26 • El .11'004E , 23.151� 1 PORT P11r ON 91 ED � -� 0 0 0 ABAND OLO COUNTY ROAD 172 _ ' 1.33 ACRES 0 1 1 47/35 N•fA'TTI• w --ti i1 r 44 DETA • IL l 59 40 51.00' ��11R 9lo-59'5E0l 9i 11'01'W 52. NT7 'E S4 . 11� 1.02 CONTROL OF ACCE PROPOSED 9.0.0. S.H. 4 1. BEARINGS AIM 000001NATE5 ARE BASED OR THE MBAs STATE PLANE 00000INATE 59599)4. HAD 03. CEHT94. LONE 040 ADJUSTED 70 SURFACE U51NO AN ADJUSTMENT FACTOR OF 1. 00012. 2. THIS SURVEY WAS PERFORMED 8171400 THE 9ENEF17 OF A COTMAITIEHT FEN TITLE INSURANCE AND HAY NOT 11CLU0E EASEMENTS AHD ()9Q58UTIDN PERTAINING TO THIS TRACT. II �THE09US900005O(105 PLAT A95TRACTED TRACY. 01 3. 0.0.0.0,0. INDICATES OFFICIAL 50005 OF WILLIA SON1 CDUNIY 4. 5.0.0.2. INDI NILL COUNTY 0EE0 RECORDS 5. M. C.F.R. ITCICATE5 wILL1011 COUNITY PLAT RECORDS 5. 11115 PLAT IS A0001/'AN1E0 Nn A 50PAR1T6 HETE5 AND 50005 • DESCAIPT1041. 7. THE I'lIWOSEO 005EL(HE SHIM 000004 15 PER A 005100 5CHENAT10 FILE PRo010 E 00110?, 004.LIE .0}90 GRADER. INC. is ERG NE 110110 1011S1051IO1 H0µ 0 5 4715 11R0F10R PROPOSED R.O.M. 5.H 45 50.96' 500100 5TA. 49: ..,00 577.76 07 277. MOTES: • 75/45 1NV 102.E Doc. 0-R WHOLE INET PROPERTY nn re 0091 S.H. 45 CONTROL OF ACCESS 11 .52 SI4H5. L.Y. 9 A A• D Page 3 of 4 $URVCON INC. PROFESSIONAL SURVEYORS 2315 HWY. 290 WEST. SUITE 180 AUSTIN. TEXAS 78701 TELEPHONE :5121 899 - 8282. FAX 05127 099-0390 _ EMAIL: Bustln4survcon. SCALE: 1 = 100' JOB JF: 117 -658 ATE: MAR 2000 DRAWN BY: JKR CHECKED 9Y: WJM OLD COUNTY R0A0 172 • 09002000 S.R. 45 ACREAGE SUMMARY B. ri: SH 45 1 m ul m m --1 Ja C7 m 11 CAD FILE: p0r72 -sh4 - 1 SHEET 3 50 9 O M U LJ L � 572 •W 527. ' 200.00 RT SUNVEY LECenq A - PORNO MOT BRASS DISC IN CONCRETE Q - SET TOPOT BRASS DISC IN CONCRETE p . SET "z IRON NCO r 70000 ALUM. CAP . F0D10 1 ^1 IRON ROD UNLESS OTHERWISE - FOYNO 4" x 4" CONCRETE MDNUIERT • . 25410LATED POINT • - 650000TT LINE 8 eASELINE • IITIL(TT POLE JACOB 1L. HARRELL SURV! T. A-284 45•55'E CONTROL OF ACCESS I N II 111^ — �I - I -= - -'N II 1 4 II 1 505 35/40 2 INVE 64 ACRES L.P. 00. 090034 80 H77 c2NTRDL -0F ACCESS @ 5TA, 500,60.30 220.07' LT. ..50.63.51 \ PROPOSED R.O.M. S.H. 45 S5/45 INVESTORS. L' P. ACRES DOC. n9903400 EXHIBIT A Page 4 of 8 S.H. 451 SCALE: 1" = 100' DATE: MAR 2000 DRAWN BY: JKB CHECKED BY: WJM 35[45 INVESTORS. L.P. 1 227. AL'Nt5 ',. k 0.R 68302 .0.0. ~ LOT I. LOCK J 11.757 -B ACRES .SECT 81 0 4 10 CABINET 5 SL10ES 66-65 0.1.45 W.C.P.R. PARCEL FLAT FOR PARCEL 72 COUNTY: WILLIAMSON 0540728:35/15 INVESTORS. L.P. sVRVCON INC. PROFESSIONAL SURVEYORS 5316 HWT. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAx (512) 899 -9390 ', EMAIL: austInee0rXCon.com JOB 4: 417-658 .5. #: 51 45 CAD FILE: par72 -sht SHEET 4 0E1 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: EXHIBIT A Page 1 of z Pages ¢ EXHIBIT 8 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 ' /cinch 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 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 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 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 '/ -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'/ -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 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 1/2-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 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. 'Jean 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 PROPOSED S.H. 45 PARCEL 73 35/45 INVESTORS. L.P. 102.64 ACRES DOC. .9903480 D.R.W.C.T. SURVEY LEGEND WHOLE PROPERTY INSET NOT TO SCALE P.0 B. PARCEL 13 X =3.130.150 -56 Y =10.146.634.19 NOTES: B siA. SD9r2n.6R 9t 1. 61801665 AND COORDINATES ARE BA5E0 ON IRE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 63. CENTRAL ZONE AND AD3uSTE0 TO SURFACE USING AN ADJUSTMENT FAC106 OF 1.00012. 2. THIS 51RVE1 WAS PERFORMED WI10O1T THE BENEFIT OF A COMMIITMENT FOR TITLE INSURANCE AND MAT NOT INCLUDE EA5EMENT5 AND INFORMATION PERTAINING TO THIS TRACT. RECORD INFORMATION SROMN ON THIS PLAT 15 BASED ON PUBLIC 1NFORAIATION. THE 5000(100 HAS NOT ABSTRACTED THIS TRACT. 3. P.U.E. INDICATES PUBLIC UTILITY EASEMENT. 4. T.C.E. INDICATES TEMP0RA61 CONSTRUCTIUN EASEMENT. 5. M.C.P.R. INDICATES 6ILLIAHiON CO STY PLAT RECORDS 6. 0.14. W.C.T. INDICATES OFFICIAL RECORDS OF 61LLIANSBN COUNTY. TEXAS 7. THIS PLAT I5 ACCOMPANIED Br A SEPARATE ME1E5 AND BOUNDS DESCRIPTION. W. THE PROPOSED BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE PRO .BY T . COLLIE AND BRADEN. INC. '' DATEF / " /7'aef, DEAN CANINE G15TERED PROFESSIONAL LAND SURYEYIXR TEXAS REGISTRATION N0. 4345 FOUND MDT BRASS DISK IN CONCRETE 5ET MOT BRASS 015K IN CONCRETE SET '•t IRON ROD W /TKDOT ALUM. CAP FOUND 5 i IRON ROO UNLESS OTHERWISE NOTE0 FORD 4' x 4' CONCRETE MONUMENT = CALCULATED POINT LOT 3. BLOCK G 2.04 ACRES = PROPERTY LINE LA FRONTERA BASELINE SECTION 1110 - -. - -_ CABINET 5. SLIDES 69 -76 CABINET W.C.P.R. = UiIL ITT POLE " " � 35/45 INVESTORS. L.P. 227.6382 ACRES '- -" - •DOC,_.T3848753 495.64 NTT•45'S5'E 1.011.36' PROPOSED R.O.W. S.N. 45 N77.36'07 "E S.N. 45A 577 900.63' 1 PROPOSED R.O.W. S.H. 45 JACOB M. HARRELL SURVEY. A -284 35/45 INVESTORS. L.P. 727.8382 ACRES DOC. .9848753 LOT 1. BLOCK J O. R.WC.T' 11.751 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66 - 68 W.0.1.R. S.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAM50N GRANTOR:35 /45 INVESTORS. 15: L.P. C7 r z P1 P1 P1 N 0 N I I ACREAGE SUMMARY 150.11.1 MIELE PROPERTY AREA ACUUI RED REMNDER LEFAIT 133.132 301.656 345.414 SCALE: 1" = 100' DATE: APRIL 2000 DRAWN 0Y: JKB CHECKED BY: WJM SURVCON INC. PROFESSIONAL SURVE 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 70701 TELEPHONE (5121 899 - 8282. FAX (5121 099 - 939 EMAIL: Dustinosurvcon.co JOB +F: 417 - 658 F.O. u: SH 45 CAD FILE: Dor73 - sht -1 SHEET 1 OF 2 SLMVETILECEND • . FOUND TK00T BRASS DISK IN CONCRETE ❑ - SET 0000T BRASS DISK IN CONCRETE O " SET V"" IRON 000 9 /18001 ALUN. CAP FOUND 7 '. IRON ROD UNLESS OTHERWISE NOTE0 ® - FOUND 4 x 4" CONCRETE WNUNENT = CALCULATED POINT t - PROPERTY LINE t = BASELINE UTILITY POLE 35/45 INVESTOR L.P. ,.32719382 ACRES DOC. +9848753 O.R.W. C.T. LOT 3 BLOCK G 2.04 ACRES 5NI W.c it l�E5 L9 -16-1 278.1 73 N77 515400 PROPOSED R.O.W. 5.N. 45 • LA FRONTERA SECTION 1118 CABINET S. SLIDES 69 -76 W.C.P R. N1 7 . 45'SS "E PROPOSED R.O.W.''.S.H. 45 577 "W 900.63' 35/45 INVESTORS. L.P. 227.8382 ACRES 000.2E 9848753 O.R.W.C.T. L'o1 1. BLOCK J 11.751 ACRES LA FRONTERA SECTION IV CABINET 5. SLIDES 66 -68 LOT 2 LOT 2 BLOCK G 1.40 ACRES PROPOSED 8.0.W. S.H. 45 51A. 518.52.66 218.14' LT. 211.57 35.00' 1.011.36' PROPOSED R.O.W. S.H. 45 SEE DETAIL t STA. 518 +21.30 LA FRONTERA SECTION IV 482.03' RT 0.002 ACRE RIGHT -OF -WAY DEDICATION CABINET S. SLIDES 66 -68 W.0.6.8. IS09'45 "04 "E1 512 "E So9 715 08 E1 51214'06 "E O 2 W N) 401.42' W 0.1.450.00' j = 5, C= '400.14 44'E Q y1 Q 400.14' ('HFC.KFI) RV: W.IM S.H.45 PARCEL PLAT FOR PARCEL 73 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. DRAWN BY: JKB WO .0 Z 0 �3 2 W I I SCALE: 1" = 100' DATE: APRIL 2000 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 1512) 899 -8282. FAX 1512) 899 -939 EMAIL: oustinesurvcon.com JOB a: 417 -658 F.B. M: SH 45 CAD FILE: Por73 -sht SHEET 2 OF 2 County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: J.\4 176581M &B's1PAR74.doc EXHIBIT _ Page 1 of 4 Pages 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 %z -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 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 %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; 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 comer 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 '/2 -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'1A -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 Tumer Collie and Braden, Inc. Jay Dean Canine G --/tt —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 \417658 \M&B's \PA R74.doc SURVEY LEGEND FOIRD TX00T BRASS DISK IN CONCRETE ❑ - SET TIRMT BRASS DISK IN CONCRETE p -' SET 7 •2' IRON R00 11/7X007 ALUM. CAP JACOB M. HARRELL ▪ FOUND 7 .2" IRON ROD UNLESS OTHERWISE 901E0 ▪ . FOUND 4' x 4' CONCRETE 1.O4JIENT • CALCULATED POINT 35/45 INVESTORS. L.P. PROPERTr LIIE REMAINDER OF CALLED 227.8382 ACRES l - BASELINE DOC. #5848753 _ LOT 3 - UTILITY POLE PROPOSED R.D.W. BLOCK F LA FRONTERA S.H. 45 2.07 ACRES SECTION II IB 31�ix1rs: ______________ CABINET- 0 ._SLIDES 69 -76 5Lf 9E5 p-n F.N. , 217.78' LT. 1 .5TA. 519+24.99 182.33'. RT. TT. (N09 N12 3.94 O 1D � j W 7wW m3 q • C yi • 1 0 • 6 � �3 _ a � J U JAY DEAN CANINE REGISTERED PROFESSIONAL LAND 506 81 0610 T6XASKA5 REREGISTRATION IM. 4345 �O NSrj'_* STA. 520+17.65 217.61' LT. N77•36'07'E 520400 1.400.77' 0-1.550.00' 1.14 12' C- #04•49 39'W 399.65' f LA FRONTERA SECTION iv l 0.001 ACRE RIGHT- OFWAY- DEDICATION CABINET 5 7- } SLIDES 66-68 N N •, 8 ■ W. C. P. R. 15 . . L.301.54' P.U COHfT10l' ¢ AC(2= CA81 5. R- 1.014.93' SL 10E5166-68 .." •- IT•01' 23" • :560.' 52'11 440. 691-./C* C '1/4R' I C .561.49' 07'W 517' "11' 440.57' P � '� 300'44' S S ` PROPOSED R.O.M. S.H. 45 LOT 1. BLOCK K 1.42 ACRES LA FRONTERA SECTION IV CABINET S. SL IDES 66-68 M. C.P.R. NOTES: - 1. BEAR] NOS AND COORDINATES BASED ON 11E TEXAS STATE PLANE COO 0INATE SYSTEM. NAD 83. CENTRAL 2O1E AIM ADJUSTED TO SURFACE USING. A SURFACE ADJUSTMENT FACTOR OF 1.00012. 2. THIS SURVEY WAS PERFORIED WITHOUT THE RENEE IT O' A COWI TRENT FOR TITLE INSURANCE R N CCORDIIU651I T L&TI I ON SHOW d THIS IMMP INFORMATION B 1 PLO. IC !RING RECOORROTHESE INFORMATION. THE SURVEYOR HAS NCR ABSTRACTED THESE TRACTS_ 3. R. P. R. T. C. T. INDICATES REAL PROPERTY RECORDS OF TRAVIS COMTY TEXAS 4. 0.R. W. C. T. IND7CATES OFFICIAL RECORDS OF WILL IAMSGR 609171 5. THE BASELINE SHOWN HEREON (5 PER A DESIGN SCHEMATIC F1L BY TURNER. COLLIE ARO BRADEN. INC. 6. D.E. INDICATES DRAINAGE EASEIENT 7. P.U.E. 11431CATE5 PUBLIC UTILITY EASERENT 8. T.C.E. INDICATES TEIPOLUY CONSTRUCTION EA5EIEHT 9. W.C. P. R. I NO ICATES WILLIAMSON CORTT PLAT RECORDS 8. W.C. D. R. INDICATES WILL [MASON COUNTY DEED RECORDS 10. T. C. P.R. INDICATES TRAVIS COUNTY PLAT RECORDS 11. T. C. D. R. INDICATES TRAVIS COUNTY DEED RECORDS 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: austin8survcon.ca0 SCALE: 1' = 100' DATE: JUNE 2000 DRAWN BY: JKB CHECKED BY: WJM JOB #: 417 -658 F.8. #: 5H 45 CAD FILE: por74-sht-1 SHEET 3 OF 4 SURVEY. A -284 NET S. SLIDES 69 -76 ,- CONTROL OF *816 s IE IE-- N77'45' 55'E 1I 4 IN 43.57 I I PROPOSED R.O.M. S. N. 45 41 1 IL 5.0. 451 6N j F r - LL1 LOT 5. BLOCK F y ,. CALLED 6.17 ACRES (( 4 LA FRONTERA y SECTION IIIB V CABINET 5 E. SLIDES 69.46 u RESERVED -'FOR FUTURE I 6. RIGHT - '-9AY. BUT NOT DEDICATED BY THIS PLATT N CURVE DATA L - 1.230.95' R . 9.567.80' A - 07.22'17' CB- See 18'51'E CD- 1.230.10 PC. 521+28.34 PT. 533.59.31 P. K 3.1 T . 10.149.401.09 N w Z U 1- Q 5 S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P ACREAGE SUMMARY SO.FT.4 INIOLE PROPERTY AREA ACQUIRED REAM R E REMAINDER 6.172 (268.8521 1268'652 0 0 STA. 524+14.65 90 LT. 5 ‘,45 PROPOSED�R.O.W. N')'( \5\ 4.1.5T' 1 (N80 1 14 52 BRATTON CEMETERY 51111960 LEGEND = FOUND 1500T BRASS DISK IN CONCRETE ❑ - SET TXDOT 81455 DISK 111 60ICRETE O = SET 1 '1` IRON ROD ■/1X001 M.W. CAP • = FOUND 1'o IRON ROD UNLESS OTHERWISE NOTE0 _ FOUND 4 x 4 COICRETE Y01/ENT 0 = CALCULATED P01111 = PROPERTY 111E B = BASELINE Z31. = U711176 POLE 'OB M. HARRELL .URVEY,A -284 CONTROL OF ACCESS 35/45 INVESTORS. L.P. REMAINDER OF LA FRONTERA 227.8382 ACRES SECTION 1110 DOC. 09848753 CABINET 5. SLIDES 69 -76 O.R.W.C.T. W.C.P.R. `` 111 1 Lb3' "'(507.316.69') BLEIL1( F (5104.40 "72.1 (C-W62.35 61 2.Q7 ACRES (278.501 11070.67' 507.31 89' 104.4 1 �2• C.180• 11 % 270.60' 1 1 F 1 'LCr( LOCK 11\ \ 1 W ` ,S E e 5. TM sI 1 `.\ SL'IDES 69 -76 ''MM 11 RES 0 FOR FUTURE I-- 1 \t"..1\ �-1 R1GH C.P.R. rOF�WAY. BUT NOT n _' - i. \OEDIC1TP� BY THIS PLAT , ��.1s:. ,T N LU J ` 1 1 ,1111 1 :)- •: 1 L=701 54' Q' A.20 01 .93' ) C.46P 1.23 • C461.49'07,r 4 S.H. 45 .o. C00fl 01 ACCESS X 7 =10.149.589.62 8 STA. 525.79.15 220.92' LT. Lor x LA FCRON'7 RSE D 5161I(REPLAT) WC.P.R. 290 -295 R.OPP S 0 45 TOM E. NELSON. JR.. TRUSTEE N0. 11. TRACT 10 PARC 2 CALLED 3.233 ACR S 1 0084/93 -103 1481 / T.C.T. 14 81/701 -711 O.R.W.C.7. S.H.45 PARCEL PLAT FOR PARCEL 74 COUNTY: WILLIAMSON GRANTOR:35 /45 INVESTORS. L.P. SCALE: 1 100' DATE: JUNE 2000 DRAWN 8Y: JKB CHECKED BY: WJM I I SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: austInesurvcon.com JOB 0: 417 -658 F.B. 0: SH 45 CAD FILE: par74 -sht - 2 SHEET 4 OF 4 _ �'� \`i' ��,�