The URL can be used to link to this page

R-00-11-21-10C4 - 11/21/2000RESOLUTION NO. R- 00- 11- 21 -10C4 WHEREAS, in order to prepare for the construction of a portion of State Highway No. 45, it is necessary to obtain the right to possession and use of certain property belonging to Dell Computer Holdings, L.P., and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Possession and Use Agreement for Transportation Purposes with Dell Computer Holdings, L.P., to grant to the City the necessary rights for the construction a portion of State Highway No. 45, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered xr\ WPDOCS \RESOLV[I \R01131c<.NPU /ec and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 21st day of November, 2000. ATTEST; E LAND, City Secretary 2 City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement ( "Agreement, ") effective the o2) day of November, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and Dell Computer Holdings, L.P. (the "Grantor"), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map attached as Exhibits "A," "B," and "C," and made a part of this Agreement by reference (the "Property "). 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantor(s) grant, bargain, sell and convey to the City exclusive possession and use of the Property for the purpose of constructing a highway or tumpike project and appurtenances thereto and the right to remove any improvements. This Agreement will extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. The grant herein is subject to the rights of the Grantor and its agents, employees, invitees, and licensees to cross the Property for purposes of accessing existing roadways and driveway cuts. The City and those lawfully permitted on the Property will use all reasonable efforts to construct the roadways in a manner that will grant reasonable access to Grantor's adjacent property and, in any event, will provide for at least one driveway at all times. The City, at its cost, shall provide all necessary temporary signage and traffic control measures. 2. The City or its contractors, agents or assigns will, at their expense replace any parking lot lighting, utilities, parking lot paving, drainage improvements, curbing, or other similar improvements adjacent to the Property that are impacted by the construction contemplated herein. To the extent any parking areas are disturbed, the city will at its cost re -stripe the affected parking area to help minimize the impact of the disturbance. 3. In full consideration for this irrevocable grant of possession and use, the City will tender to the Grantor(s) the sum of One Hundred Dollars ($100.00). The Grantor(s) agrees that this sum represents adequate and full compensation for the possession and use of the Property. The City will be entitled to take possession and use of the Property upon tender of payment. 4. Grantor further warrants that no other person or entity owns an interest in the fee title to the Property. This grant is, however, subject to the rights and interests of those parties holding encumbrances or easements of record as of the date hereof. C: \Wpdnce\ACITY \50 45 \Dell \poee_egam[_f inal.Wdlals 1 5. If the City acquires additional real property from the Grantor or the Grantor's affiliates as part of the same transportation project for which the Property is being acquired, such acquisition of additional property shall not be deemed a second taking. Accordingly, Grantor or Grantor's affiliates shall be entitled to the fair market value of said additional property, but shall not be entitled to any increase in property value to the additional property resulting solely from the influence of the transportation project on the value of the additional property. 6. The purpose of this Agreement is to allow the City to proceed with its construction project without delay. 7. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 8. The rights and privileges granted herein by Grantor shall automatically terminate if the City and the Texas Department of Transportation permanently abandon or no longer require use of the Property or fail to commence construction of the contemplated roadway within one (1) year of the date hereof. 9. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 10. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 11. It is agreed the City will record this document. At such time as the Property is conveyed to the City or its assigns by warranty deed, this document will terminate for all purposes. 12. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Tumpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the c / day of November, 2000. 2 State of Texas County of Williamson CECELIA JO SCRIBNER MY COMMISSION EXPIRES December 27, 2004 CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 Grantor: Dell Computer Holdings, L.P. By: Dell Ge. Corp. , its gene! lartner By: Name: Title: 17 i r P rfn r Accepted and agreed to by the City this the c9) day of November, 2000. Rock, Te as Ro A Stluka, its Mayor' e.• 1 Ci Acknowledgments This instrument was acknowledged before me on November /o , 2000 by (',ha r I i e 11 , of Dell Gen. P. Corp, general partner of Dell Computer Holdings, L.P. Notary Public in and for the State of Texas My commission expires hat ai , 200 /l a (signature) typed name) State of Texas County of Williamson This instrument was acknowledged before me on November Al , 2000 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. (WAS /?. inAerw Notary Public in and for the State of Texas My commission expires 8-6 3 ignature) (typed name) EXHIBIT County Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: Part 1 age I of 8 Pages Property Description for Parcel 87 Part 1 and Part 2 Being a 0.849 acre (36,983 square feet) tract of land situated in the Asa Thomas Survey A -609, Williamson County, Texas and being more particularly described in two parts by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: Being a 0.755 acre (32,888 square feet) tract of land being a portion of Dell Center Lot 2 Subdivision, as recorded in Cabinet N, Slide 236 of the Williamson County Plat Records (W.C.P.R.) and being a portion of the remainder of a 153.4555 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9633512 of the Official Records of Williamson County, Texas ( O.R.W.C.T.) and a portion of Dell Center Lot 1 Subdivision, as recorded in Cabinet M, Slide 28 W.C.P.R. and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 O.R.W.C.T. Said 0.755 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod found for the northwest comer of said Dell Center Lot 2 Subdivision and the northeast corner of Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, as recorded in Cabinet M, Slide 138 W.C.P.R.; THENCE, South 15 °09'10" East (S 13 °4923" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 1,700.89 feet to a Texas Department of Transportation (TxDOT) brass disk in concrete (X= 3,136,326.74, Y= 10,150,227.29) set in the proposed northerly right -of -way line of State Highway 45 at 231.40 feet left of and perpendicular to State Highway 45 Baseline Station 572 +84.94 for the POINT OF BEGINNING of the herein described tract; THENCE, across said Dell Center Lot 2 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following four courses: 1. North 73 °49'26" East, a distance of 193.09 feet to a TxDOT brass disk in concrete set for an angle point; 2. North 74 °49'17" East, a distance of 326.19 feet to a TxDOT brass disk in concrete set for the beginning of a tangent curve to the right; \ \SUR V HOU_NT2\2000_DATA \417658 \M &B's \PA R87pt 1 &2.doc EXHIBIT_ Page 2 of 8 Pages 3. An arc distance of 323.45 feet, along said tangent curve to the right, having a Radius of 5,788.00 feet, a Delta Angle of 03 °12'07 ", a Chord Bearing and Distance of North 76 °25'20" East, 323.41 feet to a TxDOT brass disk in concrete set for a point of tangency; 4. North 78 °01'24" East, a distance of 331.51 feet to a TxDOT brass disk in concrete set in the west line of said Dell Center Lot 1 Subdivision for an angle point; 5. THENCE, North 75 °49'58" East, across said Dell Center Lot 1 Subdivision and continuing along the proposed northerly right -of -way line of State Highway 45, a distance of 206.08 feet to a TxDOT brass disk set in concrete for an angle point; 6. THENCE, North 74 °47'56" East, continuing across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of -way line of State Highway 45, a distance of 719.06 feet to a TxDOT brass disk in concrete set at 203.03 feet left of and perpendicular to State Highway 45 Baseline Station 593 +83.58 in the north line of a called 5.891 acre tract conveyed to Williamson County for roadway purposes as recorded in Document No. 9716130 O.R.W.C.T. and the north line of a tract of land reserved for future right -of -way of State Highway 45 as shown on said Dell Center Lot 1 Subdivision and said Dell Center Lot 2 Subdivision; THENCE, along the common line between said 5.891 acre tract and said land reserved for future right -of -way, the following three courses: 7. South 73 °36'22" West (S 74 °52'41" W), a distance of 135.42 feet to a 1/2 -inch iron rod found for corner; 8. South 74 °47'18" West (S 76 °07'40" W), a distance of 1,647.17 feet (1,647.48) to a 1/2- inch iron rod found for comer; 9. South 78 °27'10" West (S 79 °48'17" W), a distance of 316.72 feet (316.78') to a point in the line common to said Dell Center Lot 2 Subdivision and said Lot 1 of Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, from which a 1/2-inch iron rod found bears South 78°27'10" West, 0.10 feet; 10. THENCE, North 15 °09'10" West (S 13 °49'23" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 11.31 feet to the POINT OF BEGINNING and containing a computed area of 0.755 acre (32,888 square feet) of land, more or less in Part 1. \ \SURV HOU_ NT2 \2000_DATA\417658 \M &B's \PAR87pt 1 &2.doc Part 2 EXHIBIT Pau 3 of 8 Pages Being a 0.094 acre (4,095 square feet) tract of land being a portion of Dell Center Lot 1 Subdivision, as recorded in Cabinet M, Slide 28 of the Williamson County Plat Records (W.C.P.R.) and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 of the Official Records of Williamson County, Texas ( O.R.W.C.T.). Said 0.094 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X= 3,138,631.51, Y= 10,151,111.29) set at 480.13 feet left of and perpendicular to State Highway 45 Baseline Station 597 +40.87, being in a non - tangent curve to the right in the existing westerly right -of -way line of Greenlawn Boulevard as dedicated in Volume 1526, Page 17 O.R.W.C.T. From said point a 1/2cinch iron rod found for the northwest corner of Dell Center Lot 2 Subdivision as recorded in Cabinet N, Slide 236 W.C.P.R. and the northeast corner of Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2 as recorded in Cabinet M, Slide 138 W.C.P.R. bears North 74 °35'29" West, 2,851.88 feet; 1. THENCE, along said westerly right -of -way line of Greenlawn Boulevard being a non- tangent curve to the right with an arc distance of 33.02 feet, having a Radius of 1,021.01 feet, a Delta Angle of 01 °51'10 ", a Chord Bearing and Distance of South 17 °49'27" East, 33.02 feet to a 1/2 -inch iron rod found for end of curve; 2. THENCE, South 16 °49'53" East (S 15 °33'04" E), along said westerly right -of -way line, a distance of 156.51 feet to a 112 -inch iron rod found for the northeast comer of a called 5.891 acre tract conveyed to Williamson County for roadway purposes in Document No. 9716130 O.R.W.C.T. and the northeast corner of a tract of land reserved for future right -of -way of State Highway 45 as recorded in Cabinet M, Slide 28 W.C.P.R.; 3. THENCE, departing the westerly right -of -way line of said Greenlawn Boulevard with the line common to said 5.891 acre tract and said tract of land reserved for future right -of -way of State Highway 45, South 05 °54'52" West (S 07 °14'59" W), a distance of 60.94 feet (60.86') to a %I -inch iron rod found for an angle point: 4. THENCE, continuing along said common line, South 50 °44'04" West (S 52 °04'26" W), a distance of 38.54 feet to a TxDOT brass disk in concrete set at 218.13 feet left of and perpendicular to State Highway 45 Baseline Station 596 +89.68 for an angle point; THENCE, across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following three courses: 5. North 28 °33'11" East, a distance of 55.14 feet to a TxDOT brass disk in concrete set for an angle point; \ \SURV HOU_ NT2 \2000_DATA1417658 \M &B's \PAR87pt 1 &2.doc EXHIBIT Page 4 of 8 Pages 6. North 16 °44'42" West, a distance of 163.26 feet to a TxDOT brass disk in concrete set for an angle point; 7. North 01 °16'56" East, a distance of 61.50 feet to the POINT OF BEGINNING and containing a computed area of 0.094 acre (4,095 square feet) of land, more or less, in Part 2 for a total combined area of 0.849 acre (36,983 square feet), more or less, in Parts 1 and 2. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden Inc. Canine 7 Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 July 17, 2000 \ \SURV HOU_NT2\2000_DATA \417658 \M &B's \PA R87pt l &2.doc 87 PART 1 AREA ACQUIRED 132.6811 87 PART 2 AREA AC*5IRED 14.0951 • 0 • B SURVEY LEGEND - FOUND T%D0T BRASS DISK IN CONCRETE SET TXDOT BRASS DISK IN CONCRETE - SET 1 4 . IRON R00 6/T %DOT ALUM. CAP LOT T - FOUND 1 .3" IRON R00 UNLESS OTHERWISE NOTED AMENDED PLAT OF LOT 1 - FOUND 4' W 4' CONCRETE IADNUAENT BOARDWALK 2 SUB. SECTION 1 A LOT 3 - CALCULATED POINT BOARDWALK 2 SUB. SECTION 2 CAB. M. SL. 138 - PROPERTY LINE P.O.C. PARCEL ST PT I 6.0.5.6. - BASELINE Y • UTILITY POLE %- S.Pja26F4 81 Y.10.150.227.29 STA. 502144.94 1 . 231.40' N15.09'10'11 11.31' I413•49'23'1(I SEE DETAIL 'A' FOUND 1 1' I.R. BEARS S18•27'10"W 0.10' MB BOARDWALK LIMITED 6.769 AC. REMAINDER OF1 CALLED 219.185 AC. C 2234/54 O.R.W.C.T. a s 11 NOTES1 1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE URFACEUS INGS .JUS TEO TO FACTOR OF 1.0001 ADJUSTED 2. THIS SURVEY WAS PERFORNED WITHOUT THE BENEFIT OF A CO MITIENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS A11D INFORMATION PERTAINING TO THIS TRACT. RECORD OrDRMAT7IIN 5HINN ON THIS PLAT IS BASED ON PUBLIC INFORMATION. THE 50(VEYOR HAS NUT ABSTRACTED THIS TRACT. 3. DES IPTION5 ACCOPANIEO BY A SEPARATE METES A10 BOUNDS 4 P6001 ED 51 100MEF. NCOLl70 66*0ENSI 1NC SCNEMATIC FILE 5. 0.8.8.0.7. 1143ICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY. T 6.0.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS < DATE: TEXAS SREGIS PROCESSIONAL Ho. .L 4 34 D SURVEYOR 5 9 STA. 814 +76.01 H13 1930 - / 6. (5 T9 . 46'77 . , 578.27'10".0, 316.72' 375.74'1 / ir 75 � 575+00 076.29'33 FOUND 1 'j I.R. BEAR 516 0.10' DErA 8 'A' N.T.S. 515.09'10'E 11.31' 1513 LT. 234.66' N14'48'17'E. 328.19' ASA THOMAS SURVEY, A -609 PART 1 E. DELL CENTER LOT 2 SUB CAB. N. SL. 236 W. C.P.R. DELL COMPUTER HOLDINGS. L.P. REMAINDER OF 153.4555 ACRES DOC. #9633512 O.R.W.C.T. WILLIAMSON COUNTY FOR t ROADWAY PURPOSES +. CALLED 5.897 ACRES DOC. +5716130 09 O.R.W.C.T. •.F 9 STA. 578.04.20 LT. 234.56' • 1776•07'40'51 PROPOSED R.O.W. 504•41'18'R. 1417' 1N76.08'D1' 67. E. 1547.48'1 ��/ R.O.W. EXISTING R.O.W. .; ( o. w. DEDICATION f R [CTS WITH N DOC. #96335123. DOC. #9509798 - _gs17.�5 ACREAGE SUMMARY ISO.FT.7 WHOLE 3,144.5901 PROPERTY REMAINDER 3.182.6011 LEFT 9 STA. 581 +27.45 LT. 225.39' L- 323.46' R .5185.90' b3 07' C-IIT6.26'20'E 323.41' 91\: • N DATE: MAR 2000 DRAWN BY: TC CHECKED BY: WJM 580+00 S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 6. 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (512) 899 -9390 EMAIL: oustInGsurvcon. oo48 SCALE: 1" = 100' JOB #: 417 -658 F.B. #7 HWY 45 CAD FILE545PAR- 67 -PT -1 SHEET 5 OF 8 SURVEY LEGEND ▪ FOUND T %DOT BRASS DISK IN CONCRETE ❑ • SET TXDOT BRASS DISK IN CONCRETE Q - SET N'{ IRON ROD 8 /TXDOT ALUM. CAP • - FOUND . '2' IRON ROD UNLESS OTHERWISE NOTED ® - FOUND 4' x 4' CONCRETE HONUSENT • - CALCULATED P01NT R - PROPERTY LINE B. • BASELINE 1St UTILITY POLE CO LL 0 E17 8 STA. 521+27.48 DELL CENTER LOT 2 SUB. CAB. N. SL. 236 W. C. P.R. DELL COMPUTER HOLDINGS. L.P. REMAINDER OF 153.4555 ACRES DOC. 89833512 O.R.W.C.T. LT. 225.39 PROPOSED R.O.W. — PART ] N 331.51' LLJ WILLIAMSON COUNTY FOR w ROAD AY PURPOSES R.O.W. DEDICATION = CALLE 15.891 ACRES CONFLICTS WITH DOC189716130 D0C. #9633512 (/) D.k.W.C.T;, w J }: Z J U EXISTING R.O.W. S.H.45 ASA THOMAS SURVEY. A -808 DELL CENTER LOT 1 SUB. CAB. M. SL. 28 W. C. P.R. DELL COMPUTER HOLDING5. L.P. 28.718 ACRES DOC. 189559798 O.R.W.C.T. 4 STA. 584+56.47 T. 205.75' r ''1 ' ` t ''6 Ira•07 585400 574.47'18'8. 1.1' IN16'06'01'E. 164 1 STA. 586+64.52 LT. 203.03' it N! /• 7'564 ?79.06' op LL 0 1 E- W 1 w 2 w z 1_1 2 U 1 I S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 & 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. SCALE: 1" = 100' JOB n: 417 -658 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (5121 899 -9390 EMAIL: oustln0survccn.00R DATE: MAR 2000 F.B. 4x: HWY 45 DRAWN BY: TC CAD FILE 645PAR- 87 -PT -1 SHEET 6 OF 8 CHECKED 8Y: WJM SURVEY LEGEND ▪ - FOUND 79007 BRASS 0151 IN CONCRETE ❑ SE) 78007 BRASS DISK IN CONCRETE O SET '•( IRON ROD W/T %DOT ALUM. CAP • - FOUND 'y' IRON ROD UNLESS OTHERYISE NOTED ® + FOUND 4' K 4' CONCRETE MONUI.ENT A - CALCULATED POINT R - PACPERTY LINE B. - BASELINE - UTILITY POLE co 1,1 1 T LL (ST6•D7'S0.111 PROPOSED R.O.W. � ` PAIR'f "f 1 574.41'18 1/. 1611. ti' 5. 573 36 2Y • EXISTING R.O.W. IN16.OB'O1'E. 1647 135.42' F- LU WILLIAMSON COUNTY FOR DEDICATION 1.1.1 ROADWAY PURPOSES CONFLICTS WITH CALLE 5.891 6CR ./ = DOC• # 9 T 16130 R.O.W. CDOC. #9633512 6/ ' 0 0.R•W.C.T, \ DOC. #9509798 LL I Z J U F- - - II 59 0300 7 r - I 1 • + N74.47'56 719.06 ), f i u 1RIL17Y EA IN ASA THOMAS SURVEY, A -609 DELL CENTER LOT 1 SUB. CAB. M. SL. 28 W. C. P.R. DELL COMPUTER HOLDINGS. L.P. 28.118 ACRES DEC. #9509798 D.R.9.0.T. LOUIS HENNA BLVD ICR 170) 1526/17 O.R.W.C.T. WIDTH VARIES :771z- t S.H. 45 �. -•`^ N74•47'56% L (ST4.52'41'WI LSTA.A93 NU. 5 LL __ ...- LT. 203.06i_ 0 573•36'22"■. 781•67' S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 5 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: custlnesurvcon.com SCALE: 1" . 100' JOB a: 417 -658 DATE: MAR 2000 F.B. #: HWY 45 DRAWN BY: TC CAD FILES45PAR- 87 -PT -1 SHEET 7 OF 8 CHECKED BY: WJM 1 ' SURVEY LEGEND ▪ FOIA0 TXOOT WAS5 DISK IN CONCRETE ❑ SET TA00T BRASS OSSA IN CONCRETE Q SET 1 •i IRON ROD W/TXOOT ALUM. CAP . POUND 1 •i IRON 800 UNLESS OTNERWISE NOTED ® . FOUND 4' s A' CONCRETE MONUMENT . CALCULATED POINT t . PROPERTY LINE tt . BASELINE .r, . UTILITY POPE CO LL 0 J ASA THOMAS SURVEY, A -609 ENTER SUB. SL. 236 .R S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 A 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. C SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: Gustinesurvcon.UOm SCALE: 1" = 50' JOB #: 417 -658 DATE: MAR 2000 F.B. #: HWY 45 DRAWN BY: TC L.33.02' 8.1021.01' Ab1 7.49'27 d ' C517 33.02' N P.D.B• 87 .51T 2 8.1.38.631.51 J.10.151.111.29 8 STA. 81 LT. 180..13' 13' CAD FILE:S45PAR 87 - PT -2 LOT 1 ALENDING PLAT OF LOT 1. BOARDWALK 2 SUB.. SECTION 1 8 LOT 3. BOARDWALK 2 SUB. SECTION 2 CAB. M. SL. 138 W.C.P.R. ST3'36'22 285.6?' EXISTING R.O.W. DELL CENTER LOT 1 SUB. CAB.M. SL. 28 W .C.P.R. DELL COMPUTER HOLDINGS. L.P. 28.718 ACRES DOC. 88509708 O .R.W.C.T. 8 STA. 597+23.42 LT. 421.16' 0 PART 2 PROPOSED R.O.W. 1 S52 1 STA. 816+89.60 LT. 218.13' DELL C LOT 2 CAB. N. M.C. M 28 I STA. 597+27.82 LT. 257.96' RESERVED FOR FUTURE R.O.W. OF STATE HIGHWAY 45 CAB. M. SL. 28 w.C.P.R. WILLIAMSON COUNTY FOR ROADWAY PURPOSES CALLED 5.891 ACRES DOC. 89716130 0.8.0.5.5. h'{ 1"°. Aar SS0g6 S 5D560.S494' S2W M12• A6 CHECKED BY: WJM $ County: Williamson Parcel No.: 140 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: PART 1 EXHIBIT 1 6 FIELD NOTE DESCRIPTION FOR PARCEL 140 Page 1 of 5 June 13,2000 DESCRIPTION OF A 0.068 ACRE (2946 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A ", DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET Q, SLIDE 175 -177 OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AS RECORDED IN DOCUMENT NO. 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.068 ACRE (2946 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation (TxDOT) Type II concrete monument set in the existing east right-of-way (ROW) line of Greenlawn Boulevard (a varying width ROW), same being the west line of said Lot 1, Block "A ", same being the north corner of the tract described herein, from which a calculated point in said common line for a point of curvature, bears with the arc of a curve to the left a distance of 141.13 feet through a central angle of 07° 03' 47 ", having a radius of 1144.85 feet, and whose chord bears N 26° 45' 04" W, a distance of 141.04 feet and being 487.22 feet left of Survey Base Station 598 +34.17; THENCE leaving said common line and crossing said Lot 1, Block "A" with the proposed east ROW line of said Greenlawn Boulevard for the following three (3) courses and distances numbered 1, 2, and 3; 1) S 27° 19' 51" E, a distance of 148.19 feet to a TxDOT Type II concrete monument set, being 342.34 feet left of Survey Baseline Station 598 +65.31, 2) S 16° 52' 13" E, a distance of 86.38 feet to a TxDOT Type II concrete monument set, being 256.00 feet left of Survey Baseline Station 598 +67.82, and 3) S 61° 52' 16" E, a distance of 43.35 feet to a TxDOT Type II concrete monument set, in the north line of a called 2.095 acre tract of land conveyed in the Special Warranty Deed to Williamson County as recorded in Document No. 9716131 of the Official Records Williamson County, Texas, for the south corner of the tract described herein, being 226.25 feet left of Survey Baseline Station 598 +99.35, from which a TxDOT Type 11 concrete monument set bears S 84° 16' 56" E, a distance of 35.41 feet; THENCE leaving said proposed east ROW line and crossing Lot 1, Block A the following two (2) courses and distances numbered 4 through 5: 4) N 84° l6' 56" W, a distance of 29.54 feet to a calculated point, 5) N 39° 02' 56" W, a distance of 61.57 feet to a calculated point, in the east ROW line of Greenlawn Boulevard, (varying width ROW), same being the west line of said Lot 1, Block "A ", FN1764R 20081 -20 THENCE with said common line the following two (2) courses and distances numbered 6 through 7: 6) N 16° 52' 52" W, a distance of 67.95 feet to a calculated point of curvature, and 7) with the arc of a partial curve to the left a distance of 126.70 feet through a central angle of 06° 20' 27 ", having a radius of 1144.85, and whose chord bears N 20° 02' 59" W, a distance of 126.64 feet to the POINT OF BEGINNING and containing 0.068 acre (2946 square feet) of land, more or less. PART 2 DESCRIPTION OF A 0.187 ACRE (8166 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A, DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET Q, SLIDE 175 -177, OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AS RECORDED IN DOCUMENT NO, 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.187 ACRE TRACT (8166 SQUARE FEET) AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with a TxDOT aluminum cap set in the west line of a called 41.10 acre tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. as recorded in Document No. 9606843 of the Official Records Williamson County, Texas, same being the east line of said Lot 1, Block "A ", same being in the proposed north ROW line of State Highway 45, (a varying width ROW) also being the northeast corner of the tract described herein, and being 226.56 feet left of Survey Baseline Station 608 +30.97, from which a calculated point bears N 16° 51' 55" W, a distance of 350.00 feet; 1) THENCE with said common line S 16 51' 55" E, a distance of 100.00 feet to a 1/2 -inch iron rod found for the southeast corner of said Lot 1, Block "A ", same being in the existing north ROW line of said Louis Henna Boulevard, also being the southeast corner of the tract described herein; 2) THENCE leaving said common line and with said existing north ROW line S 73° 07' 47" W, a distance of 45.70 feet to a calculated point for the southeast corner of said 2.095 acre tract, same being a southwest corner of said Lot 1, Block "A ", also being the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found bears S 73° 07' 47" W, a distance of 903.68 feet; THENCE leaving said existing north ROW line and with the east and north lines of said 2.095 acre tract for the following five (5) courses and distances numbered 3 through 7: 3) N 16° 07' 54" W, a distance of 84.32 feet to a calculated point for the northeast corner of said 2.095 acre tract, same being an interior corner of said Lot 1, Block "A ", also being an interior corner of the tract described herein, 4) S 75° 20' 31" W, a distance of 180.06 feet to a calculated point, 5) S 75° 01' 25" W, a distance of 100.02 feet to a calculated point, 6) S 74° 31' 08" W, a distance of 150.01 feet to a calculated point, and Page 2 of 5 June 13,2000 FN1764R 20081 -20 7) S 73° 33' 48" W, a distance of 236.62 feet to a calculated point being 218.78 feet left of Survey Baseline Station 601 +12.92; 8) THENCE leaving said north line and crossing said Lot 1, Block "A" with the proposed north ROW line of said S.H. 45 N 73° 07' 46" E, a distance of 711.09 feet to the POINT OF BEGINNING and containing 0.187 acre (8166 square feet) of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: Page 3 of 5 June 13,2000 That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my d and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15th day of June, 2000. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 Micha R. Hatchet Regist red Professional Land Surveyor No. 4259 - State of Texas FN1764R 20081 -20 • 'p.O.B. 598.3 .17 487.22 LT -10151 2.597 7 •3138 Q9.6934 4 2 L6 L4 W.t 213.60'LT WILLIAMSON COUNTY DEED FOR "PUBLIC ROADWAY, CA 095 ACRES DOC. No. 9716131 O.R.W.C.Tx. SURVEY BASELINE CURVE DATA P /570 608.79.45 N - 101509465082 E - 3139856.1589 A- 4' 07'13• (L71 0 - 0'15'00' L - 1648)1' T - 824.41' R - 229/829' CB N7244'19•E C -164775' PC 5Ya 600.5504 PT S1a 617'03.15 L1 L2 .3 '- N16° 52'52 "W S16 52'13"E S61 2'16 "E I 67.95' 86.38' 43.35' L6 84° 16'5' 29.54 L4 L5 S84 16'56 "E N39 02'56 "W 35.42' 61.57' C1 4-06° 20'27" R- 1144.85' LL- 126.70 CB -N20° 02'59 "W C- 126.64' NOTES EXISTING R.O.W. LINE BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON. RPLS, SURVCON, INC. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS NOT SHOWN. DETAILS ARE NOT DRAWN TO SCALE. s 6URVEYING. AERIAL MAPPING•ENGINEERING P.O.R. 4029 Cap481oITe•as Highway,50. INC. &odle Oaks Professional Plaza, Suite 125 AustIn.Texas 75704 (512) 441-0575 Fax (512/326 -3029 A.07 03'47" r =1MM R- 1144.85' / T- CB- -N26 °45'04 "W ASA THOMAS C-141.04' SURVEY A -609 U 81I rT11 a izlsiq. IS DELL EAST CAMPUS SUBDIVISION SECTION ONE LOT 1BLOCK A C CABINET Q, SLIDES 175 -177 P.R.W.C.Tx. 598.65.31 DELL COMPUTER HOLDINGScg -R DOC. No. 9633518 \. D O.R.W.C.Tx. UUU PART I 0.068 ACRE (29461 S0. FT.) 342.34'1_ T 598.67. 256.00' L 3., 598.99.35 "225.25' LT APPROXIMATE LOCATION OF SURVEY LINE _ _ __ _ .- _ _____ _-------- - - - - -- —`— STATE HIGHWAY 45 LOUIS HENNA BLVD. iVARIABLE. WIDTH W- .1..._. __ .. "56 "E" 28!7.30'!'. SURVEY BASELINE MEMUCAN HUNT SURVEY A -314 Pi II i•E1 - R - • : EXISTING R.O.W. LINE 600 LEGEND RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P WILLIAMSON COUNTY. TEXAS SCALE 3 PA.B. POINT OF 0000551(10 P00. POINT OF COMMENCING 0.0.R. POINT OF REFERENCE • POINT OF CURVATURE • POINT OF TANGENCY NT NON•TN4GENT CURVE Fr IRON ROD FOUND 01 IRON PIPE FOUND P.M. PUBLIC UTILITY EASEMENT OP..U.e.T, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS • T1. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS • *•. PLAT RECORDS WILLIAMSON COUNTY. TEXAS • DEED RECORDS WILLIAMSON COUNTY, TEXAS • TYPE I CONCRETE MONUMENT FOUND • TYPE B CONCRETE MONUMENT FOUND • TYPE IICONCRETE MONUMENT SET • VC PIPE FOUND UNLESS NOTED O I/" RON ROD SET W/ TX00T CAP UNLESS NOTED • VeiRON ROD FOUND • 60 0 NAL SETUIIESS UNLESS NOTED NOTED • 80 D NAL FOUND UNLESS NOTED e CALCULATED POINT R PROPERTY LINE A CENTER LINE r 1 RECORD INFORMATION PAGE 4 OF 5 REF. FIELD NOTE N0. 1764R PARCEL 140 PART 1 P.O.R LEGEND TYPE I CONCRETE MONUMENT FOUND TYPE u CONCRETE MONUMENT FOUND TYPE IICONCRETE MONUMENT SET 1" PPE FOUND UNLE55 NOTED IRON R00 5ET W/ NWT CAP MULES] NOTED 1 /" RON ROD FOUND UNLESS NOTED 60 0 NAL SET UNLESS NOTED 60 0 NNL FOUND UNLESS N0TE0 CALCULATED PORT PROPERTY LINE CENTER LINE RECORD INFORMATION 009. POINT OF BEGINNING P.O.C. PONT OF COMMENCING Mk POINT Or REFERENCE 06. POINT OF CURVATURE • POINT OF TANGENCY NT NON•TANGENT CURVE sir IRON ROD 00UN0 Ff RON PPE FOUND Awl. PUBLIC UTILITY EASEMENT O.PA.w.t.i.. OFFICIAL PUBLIC RECORDS WILLIAA50N COUNTY. TEXAS 0.6.0.6.5. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS r.. PLAT RECORDS WLLIMASON COUNTY. TEXAS 0.1.6.6.5. DEED RECORDS WILLIAM50N COUNTY. TEXAS 1 I, i t FAST CA US SUBOI I OPnEa R W- LI 73 °33'48' 23. 62 WILLIMS• DEED FOR PU= STREE CALL 0 D n 2 E .R. 60 1.12.92 218.78' LT s DE EXISTING R.O.W.INE \ _ 574. 31'08 "W N COUNTY 150.01' LIC ROADW IN 75* 95 ACRES 9716131 I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND B_ IEF. I H' R. HATCH R REGI TEREO PROFESSIONAL LAND SURVEYOR N0, 4259, STATE OF TEXAS 1611F1ING•AERML MAPPING•ENGREERIN9 4029 Cep00 Taws N•ghwa6. SO. NO. BrodW Oaks Professional Plaza, 5WRe 125 AUIMO, Texas 76704 512) 447-0575 Fax: (512) 326-3019 IV A -609 I EL C19MEUTER HOLDINGS, L: L D CALLED -Y:10 — ACRES �`�` OC_No.9606843 L DELL EAST CAMPUS SUBDIVISION SECTION ONE LOT 1 BLOCK A CABINET 0, SLIDES 175 -177 P.R.W.C.Tx. ASA THOMAS DELL COMPUTER HOLDINGS, L.P. DOC. No. 9633512 O.R.W.C.Tx. 0N74.27.27"E] N73° 07'46 "E 711.09' S75° 01'25 "W 100.02' ]N76. 20•55 "E 100.02'] APPROXIMATE LOCATION OF SURVEY LINE STATE HIGHWAY 45 LOUIS HENNA BLVD. SURVEY BASELINE M /LLIAMSON COUNTY, TEXAS SCALE r"-roo' ' P 0.8. PART 2 L.6 08.30.97 0.187 ACRE 226.56' L 18166 00. FT.) N•101511 .92600 E -3139 9.0170] S75° 20'31"W 180.06' z (N76 40'D1 'E 180.06'] m p RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P SURVEY BASELINE CURVE DATA P/ Sra 605'79.45 Al • /0/50946.5062 E - 3/398561559 r1. •• 07' /3' (LT/ 0 • 0' /5' 00 0 - 16451T T R • 229/829' CB - /272'44'/9'E C - 1647.75' PC 5/2 600.55.09 PT 51a 6/7-03.15 L2 N f] O N - 15 5-3° 45.70' PAGE 5 OF 5 REF. FIELD NOTE NO. 1764R PARCEL 140 PART 2 County: Williamson Parcel No.: 143 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: EXHIBIT C FIELD NOTE DESCRIPTION FOR PARCEL 143 Page 1 of 3 April 18, 2000 DESCRIPTION OF A 1.662 ACRE (72,395 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING A PORTION OF THAT CERTAIN 41.10 ACRE TRACT CONVEYED IN THE GENERAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AND RECORDED IN DOCUMENT NO. 9606843, OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS SAID 1.662 ACRE (72,395 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found in the east line of the said Dell 41.10 acre tract, same being in the west line of Lot 2, Block A of Stonehaven, a subdivision of record in Cabinet R, Slide 156, Plat Records of Williamson County, Texas; THENCE with said common line S 03° 12' 32" W, a distance of 1171.60 feet to a 1/2 -inch iron rod found with plastic cap for the southwest corner of said Lot 2, Block A, same being in the north right -of -way (ROW) line of State Highway 45 (a variable width ROW) as dedicated to the State of Texas in Volume 1544, Page 20, Official Records Williamson County, Texas; THENCE continuing with the east line of said Dell Tract, same being a west line of said ROW, S 03° 11' 53" W, a distance of 22.02 feet to a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set for the POINT OF BEGINNING in the proposed north ROW line of said State Highway 45, same being the northeast comer of the tract described herein, and being 233.38 feet left of survey Baseline Station 615 +19.46; 1) THENCE with the east line of said Dell Tract, same being the west ROW line of State Highway 45 S 03° 11' 53" W, a distance of 128.06 feet to a 112 -inch iron rod found in the north ROW line of Louis Henna Boulevard (a varying width ROW), same being the southeast corner of said 41.10 acre Dell tract; 2) THENCE with said north ROW line, same being the south line of said 41.10 acre Dell tract, S 73° 07' 47" W, a distance of 637.35 feet to a 1/2 -inch iron rod found for the southeast corner of Lot 1 Block A, Dell East Campus Subdivision, Section One, a subdivision of record in Cabinet Q, Slide 175, Plat Records, Williamson County, Texas, and conveyed in the Special Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document No. 9633512 of the Official Records Williamson County, Texas; 3) THENCE with the east line of said Lot 1 N 16° 51' 55" W, a distance of 100.00 feet to a 1/2 -inch iron rod with TxDOT aluminum cap set in the proposed north ROW line of said State Highway 45, same being in the west line of said Dell 41.10 acre tract, being 226.56 feet left of survey Baseline Station 608 +30.97; FN 1754 20081 -20 BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS FN1754 SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: Page 2 of 3 April 18, 2000 4) THENCE leaving said common line and crossing said Dell Tract with the proposed north ROW line of said State Highway 45 N 71° 25' 28" E, at 662.29 feet pass a TxDOT Type II Concrete monument set being 233.47 feet left of Survey Baseline Station 615+00.00, in all a total distance of 681.58 feet to the POINT OF BEGINNING and containing 1.662 acres (72,395 square feet) of land, more or less. That I, John E Brautigam, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 19 day of April, 2000. J.' E Bra u E:am R gistered P 11 fessional Land Surveyor N . 5057 - S to of Texas 20081 -20 WILLIAMSON COUNTY. TEXAS SCALE y r-loo' y 5 608,30.97 226.56' LT . • 3 83 UT, N ASA THOMAS SURVEY A-609 LOT 1 BLOCK A DELL COMPUTER HOLDINGS, L.P. DOC. No. 9633512 O.R.W.C.Tx. DELL EAST CAMPUS SUBDIVISION SECTION ONE CABINET Q, SLIDES 175-177 P.R.W.C.Tx. DELL COMPUTER HOLDING CALLED 41.10 ACRE DOC. No. 960684 PROPOSED R.0 W •0747"W 637.35' -6575.-30`W3 EXISTING R.O.W. LINE ----4-0-°-4 0 - APPROXIMATE LOCAT SUI21--------------- ------------------ 0 ) 0 STATE HIGHWAY 45 LOUIS HENNA BLVD. I , I 1 EXISTING RIO 1/1/. LINE 6/5 . i ' 1 , 1 NOTES: I if SUM/EY JO E BRAUT RE STERED P NO. 5057, STA LEGEND ): f i L 974 4 .9 _ BeAMNGS AND COORMNATES ORE ON kHE TEXAS STATE MEMUCAN HUNT PLANE COORDNATE SYSTEM. NAD 8). CENTRAL ZONE AND ADJUSTED TO SURFACE USING SURVEY A-319 A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON. RPLS. SURVCON. INC. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS NOT SHOWN. DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIF THAT THIS SURVEY WAS MADE ON THE GROUND UNDER Y DIRECTION AND SUPERVISION AND THAT THIS PLAT G T E AND CORRECT TO THE BEST OF MY KN WLEDGE ANn BELIEF. SSIONAL LAND SURVEYOR OF TEXAS 4029 Cepted of Teen 1978. 00 INC. BroSe Oaks Professional Plaza, Sulle 125 Austin, Twos 70704 (512) 447-0575 Fee (512)786-0478 DATE DETAIL A / IRF W / \ PLASTIC CAP i NO3 \ 22.02 , L.P. SURVEY BASELINE CURVE DATA P7512 608.79.45 0 • 10150946.5082 E • 31398561589 A • 4' 07' 1.3 (LT .1 0 • C715' 00' L • 16483r T • 824.4r R • 2291829' CB • A C • 164725' PC PT i.T 7.01..15 I , I I 1 I 1 ; I (--- I L_J RR HOMESTEAD III APARTMENTS, LTD. DOC. No. 9912719 --- -- LOT 2 BLOCK A FINAL PLAT OF ISTONEHAVEN CABINET R, SLIDE /15'6 T'71.NI,71ATITTI1 FAA POINT OF BEGINNING Poc. POINT OF COMMENCING P.O.P. POINT OF REFERENCE pc. POINT OF CURVATURE P .T. POINT OF TANGENCY NT NON-TANGENT CURVE •F IRON ROD FOuND Pf IRON PPE FOUND Pll.C. PUBLIC UTILITY EASEMENT 0P .N.W0 T.. oFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS 0.519.e75 OFFICIAL RECORDS WILLIAMSON COUNTY. TEXAS • ,R.N.C.T PL AT RECORDS WILLIAMSON COUNTY. TEXAS • 0.7.19.0.12. DEED RECORDS WILLIAMSON COUNTY. TEXAS RIG-OF-WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P. BETAI A7 . . . ?.. N71 25'28''E 681.56 . . >61 19.46 ' 3.38 LT 380.04758 36 • TYPE I CONCRETE MONUMENT FOUND 19 TYPE II CONCRETE MONUMENT FOUND 19 TYPE PCONCRETE MONUMENT SET • '/" PPE FOUND 175(55 NOTED O Vo° MON ROD SET 74/ TXDOT Gw° UNLESS NOTED • )/2° RON ROD FOUND UNLESS NOTED • 60 D NA& SET UNLESS NOTED A 60 D NAIL FOUND UNLESS NOTED 4 CALCULATED POINT t PROPERTY LINE t CENTER LINE ) RECORD INFORMATION PAGE 3 OF 3 REF. FIELD NOTE NO. 1754 PARCEL 143 2/ BEGIN SESSION ® Fri Apr 14 08:08:56 2000 Points 2 to 1000 deleted. 1000 points in workfile. fnp143 FROM ANGLE DIST NORTH EAST TO * * * ** START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01 10000.00000 50000.00000 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac BEGIN SESSION ® Fri Apr 14 08:1.:11 2000 Points 2 to 1000 deleted. 1000 points in workfile. rowp143 FROM ANGLE DIST NORTH EAST TO * * * ** START 10000.00000 50000.00000 1 1 TRAY S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16.51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01. 10000.00000 50000.00000 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac BEGIN SESSION @ Fri Apr 14 09:3,.56 2000 Points 2 to 1000 deleted. 1000 points in workfile. ekp143 FROM ANGLE DIST NORTH EAST TO * * * ** START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 L LAT & DEP 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01 10000.00000 50000.00000 1 PREC = 1 TO 254857 Area 72395.20 sq ft 1.66197 ac DATE: November 15, 2000 SUBJECT: City Council Meeting — November 21, 2000 ITEM: 10.C.4. Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement for Transportation Purposes with Dell Computer Holdings, L.P. for the construction of a portion of State Highway No. 45. This right of way is being donated by Dell for the construction of SH 45. Resource: Jim Nuse, Public Works Director History: According to the Round Rock's agreement with the Texas Turnpike Authority, Round Rock has agreed to acquire this right -of -way for the construction of SH 45. The project is included in the Round Rock Transportation System Development Corporation's Transportation Capital Improvement Program. Funding: Cost: Dell is donating right -of -way Source of funds: N/A Outside Resources: N/A Impact: N/A Benefit: The construction of this highway will help ease the traffic congestion. Public Comment: N/A Sponsor: N/A POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement ( "Agreement, ") effective the a i day of November, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and Dell Computer Holdings, L.P. (the "Grantor "), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map attached as Exhibits "A," `B," and "C," and made a part of this Agreement by reference (the "Property "). 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantor(s) grant, bargain, sell and convey to the City exclusive possession and use of the Property for the purpose of constructing a highway or turnpike project and appurtenances thereto and the right to remove any improvements. This Agreement will extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. The grant herein is subject to the rights of the Grantor and its agents, employees, invitees, and licensees to cross the Property for purposes of accessing existing roadways and driveway cuts. The City and those lawfully permitted on the Property will use all reasonable efforts to construct the roadways in a manner that will grant reasonable access to Grantor's adjacent property and, in any event, will provide for at least one driveway at all times. The City, at its cost, shall provide all necessary temporary signage and traffic control measures. 2. The City or its contractors, agents or assigns will, at their expense replace any parking lot lighting, utilities, parking lot paving, drainage improvements, curbing, or other similar improvements adjacent to the Property that are impacted by the construction contemplated herein. To the extent any parking areas are disturbed, the city will at its cost re -stripe the affected parking area to help minimize the impact of the disturbance. 3. In full consideration for this irrevocable grant of possession and use, the City will tender to the Grantor(s) the sum of One Hundred Dollars ($100.00). The Grantor(s) agrees that this sum represents adequate and full compensation for the possession and use of the Property. The City will be entitled to take possession and use of the Property upon tender of payment. 4. Grantor further warrants that no other person or entity owns an interest in the fee title to the Property. This grant is, however, subject to the rights and interests of those parties holding encumbrances or easements of record as of the date hereof. Ci \Wpdoco \ACITY \89 as \Dell\poee_agrmt final.wpd /e1e 1 5. If the City acquires additional real property from the Grantor or the Grantor's affiliates as part of the same transportation project for which the Property is being acquired, such acquisition of additional property shall not be deemed a second taking. Accordingly, Grantor or Grantor's affiliates shall be entitled to the fair market value of said additional property, but shall not be entitled to any increase in property value to the additional property resulting solely from the influence of the transportation project on the value of the additional property. 6. The purpose of this Agreement is to allow the City to proceed with its construction project without delay. 7. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 8. The rights and privileges granted herein by Grantor shall automatically terminate if the City and the Texas Department of Transportation permanently abandon or no longer require use of the Property or fail to commence construction of the contemplated roadway within one (1) year of the date hereof. 9. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 10. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 11. It is agreed the City will record this document. At such time as the Property is conveyed to the City or its assigns by warranty deed, this document will terminate for all purposes. 12. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the cg I day of November, 2000. 2 Accepted and agreed to by the City this the I21 day of November, 2000. State of Texas County of Williamson n This instrument was acknowledged before me on November /0 , 2000 by t h l t 1 i P , of Dell Gen. P. Corp, general partner of Dell Computer Holdings, L.P. CECELIA JO SCRIBNER MY COMMISSION EXPIRES December 27, 2004 CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 Grantor: Dell Computer Holdings, L.P. By: Dell Gen .' Corp. , its gene; er By: Name: Title: n1 re r' D f City -..d Rock, Texas B. dew ,►ili/ /. Acknowledgments Ct • (signature) CCr Pi; . r r ihner (typed name) Notary Public in and for the State of Texas My co ission expires ra a7 , 200/ State of Texas County of Williamson This instrument was acknowledged before me on November o� l , 2000 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. CA'Ul irhAuis CN,2k57 Notary Public in and for the State of Texas My commission expires 3 Ro A Stluka, its Mayo (signature) typed name) County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: Part 1 EXHIBIT A Page 1 of 8 Pages f-- Property Description for Parcel 87 Part 1 and Part 2 Being a 0.849 acre (36,983 square feet) tract of land situated in the Asa Thomas Survey A -609, Williamson County, Texas and being more particularly described in two parts by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: Being a 0.755 acre (32,888 square feet) tract of land being a portion of Dell Center Lot 2 Subdivision, as recorded in Cabinet N, Slide 236 of the Williamson County Plat Records (W.C.P.R.) and being a portion of the remainder of a 153.4555 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9633512 of the Official Records of Williamson County, Texas (O.R.W.C.T.) and a portion of Dell Center Lot 1 Subdivision, as recorded in Cabinet M, Slide 28 W.C.P.R. and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 O.R.W.C.T. Said 0.755 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a %z -inch iron rod found for the northwest comer of said Dell Center Lot 2 Subdivision and the northeast comer of Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, as recorded in Cabinet M, Slide 138 W.C.P.R.; THENCE, South 15°09'10" East (S 13 °49'23" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 1,700.89 feet to a Texas Department of Transportation (TxDOT) brass disk in concrete (X= 3,136,326.74, Y= 10,150,227.29) set in the proposed northerly right -of -way line of State Highway 45 at 231.40 feet left of and perpendicular to State Highway 45 Baseline Station 572 +84.94 for the POINT OF BEGINNING of the herein described tract; THENCE, across said Dell Center Lot 2 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following four courses: 1. North 73 °49'26" East, a distance of 193.09 feet to a TxDOT brass disk in concrete set for an angle point; 2. North 74 °49'17" East, a distance of 326.19 feet to a TxDOT brass disk in concrete set for the beginning of a tangent curve to the right; 1\ SURVHOU _NT2\2000_DATA\417658 \M &B's \PA R87pt 1 &2.doc EXHIBIT_ Page 2 of 8 Pages 3. An arc distance of 323.45 feet, along said tangent curve to the right, having a Radius of 5,788.00 feet, a Delta Angle of 03 °12'07 ", a Chord Bearing and Distance of North 76 °25'20" East, 323.41 feet to a TxDOT brass disk in concrete set for a point of tangency; 4. North 78 °01'24" East, a distance of 331.51 feet to a TxDOT brass disk in concrete set in the west line of said Dell Center Lot 1 Subdivision for an angle point; 5. THENCE, North 75 °49'58" East, across said Dell Center Lot 1 Subdivision and continuing along the proposed northerly right -of -way line of State Highway 45, a distance of 206.08 feet to a TxDOT brass disk set in concrete for an angle point; 6. THENCE, North 74 °47'56" East, continuing across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of -way line of State Highway 45, a distance of 719.06 feet to a TxDOT brass disk in concrete set at 203.03 feet left of and perpendicular to State Highway 45 Baseline Station 593 +83.58 in the north line of a called 5.891 acre tract conveyed to Williamson County for roadway purposes as recorded in Document No. 9716130 O.R.W.C.T. and the north line of a tract of land reserved for future right -of -way of State Highway 45 as shown on said Dell Center Lot 1 Subdivision and said Dell Center Lot 2 Subdivision; THENCE, along the common line between said 5.891 acre tract and said land reserved for future right -of -way, the following three courses: 7. South 73 °36'22" West (S 74 °52'41" W), a distance of 135.42 feet to a 1/2 -inch iron rod found for corner; 8. South 74 °47'18" West (S 76 °07'40" W), a distance of 1,647.17 feet (1,647.48') to a 1/2- inch iron rod found for corner; 9. South 78 °27'10" West (S 79 °48'17" W), a distance of 316.72 feet (316.78') to a point in the line common to said Dell Center Lot 2 Subdivision and said Lot 1 of Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, from which a'' /x -inch iron rod found bears South 78 °27'10" West, 0.10 feet; 10. THENCE, North 15 °09'10" West (S 13 °49'23" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 11.31 feet to the POINT OF BEGINNING and containing a computed area of 0.755 acre (32,888 square feet) of land, more or less in Part 1. 1 \SUR V HOU_NT2\2000_DATA \4I 7658 \M &B's \PAR87pt I &2.doc Part 2 EXHIBIT Peale 3 of 8 Pages Being a 0.094 acre (4,095 square feet) tract of land being a portion of Dell Center Lot 1 Subdivision, as recorded in Cabinet M, Slide 28 of the Williamson County Plat Records (W.C.P.R.) and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 of the Official Records of Williamson County, Texas ( O.R.W.C.T.). Said 0.094 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X= 3,138,631.51, Y= 10,151,111.29) set at 480.13 feet left of and perpendicular to State Highway 45 Baseline Station 597 +40.87, being in a non - tangent curve to the right in the existing westerly right -of -way line of Greenlawn Boulevard as dedicated in Volume 1526, Page 17 O.R.W.C.T. From said point a '/ -inch iron rod found for the northwest corner of Dell Center Lot 2 Subdivision as recorded in Cabinet N, Slide 236 W.C.P.R. and the northeast comer of Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2 as recorded in Cabinet M, Slide 138 W.C.P.R. bears North 74 °35'29" West, 2,851.88 feet; 1. THENCE, along said westerly right -of -way line of Greenlawn Boulevard being a non- tangent curve to the right with an arc distance of 33.02 feet, having a Radius of 1,021.01 feet, a Delta Angle of 01 °51'10 ", a Chord Bearing and Distance of South 17 °49'27" East, 33.02 feet to a 1/2 -inch iron rod found for end of curve; 2. THENCE, South 16 °49'53" East (S 15 °33'04" E), along said westerly right -of -way line, a distance of 156.51 feet to a 1/2 -inch iron rod found for the northeast comer of a called 5.891 acre tract conveyed to Williamson County for roadway purposes in Document No. 9716130 O.R.W.C.T. and the northeast corner of a tract of land reserved for future right -of -way of State Highway 45 as recorded in Cabinet M, Slide 28 W.C.P.R.; 3. THENCE, departing the westerly right -of -way line of said Greenlawn Boulevard with the line common to said 5.891 acre tract and said tract of land reserved for future right -of -way of State Highway 45, South 05 °54'52" West (S 07 °14'59" W), a distance of 60.94 feet (60.86') to a' /a -inch iron rod found for an angle point; 4. THENCE, continuing along said common line, South 50 °44'04" West (S 52 °04'26" W), a distance of 38.54 feet to a TxDOT brass disk in concrete set at 218.13 feet left of and perpendicular to State Highway 45 Baseline Station 596 +89.68 for an angle point; THENCE, across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following three courses: 5. North 28 °33'11" East, a distance of 55.14 feet to a TxDOT brass disk in concrete set for an angle point; \ \SURV HO U_NT2\2000 _DATA \417658 \M &B's \PAR87pt l &2.doc EXHIBIT Page 4 of 8 Pages 6. North 16 °44'42" West, a distance of 163.26 feet to a TxDOT brass disk in concrete set for an angle point; 7. North 01 0 1656" East, a distance of 61.50 feet to the POINT OF BEGINNING and containing a computed area of 0.094 acre (4,095 square feet) of land, more or less, in Part 2 for a total combined area of 0.849 acre (36,983 square feet), more or less, in Parts 1 and 2. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden Inc. Canine 7 �8— Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 July 17, 2000 11 SU RVHOU_NT212000 DATA \417658 \M &B's \PAR87ptI &2.doc 87 PART T AREA ACQUIRED 132.8881 87 PART 2 AREA ACOUIREO 14.0951 SURVEY LEOEND ▪ FOUND TXDOT BRASS DISK IN CONCRETE ❑ - SET TXDOT BRASS DISK IN CONCRETE o . SET 1 •9" [RCN ROD ■ /TXDOT ALUM. CAP • - FOUND ' IRON ROD UNLESS OTHERWISE NOTED 5D - FOUND 4' x 4' CONCRETE IONUIENT - CALCULATED POINT R - PROPERTY LINE 4 - BASELINE IA - UTILITY POLE p.p pAp Y.10.150.227.25 q [ 6.32 PART 1 SA. 572454.94 �T . 277.40' H15.05'10'5 11.31' 0413'49'23'W1 SEE DETAIL 'A FOUND ''{ I.R. BEARS 578'27'10'6 0.10' MB BOARDWALK LIMITED o W 6.769 AC. REMAINDER OF10 CALLED 219.185 AC. 2234/54 0.0.8.0.7. e NE REE045TERETS PROFESSIONAL 4 3A7710 SURVEYOR LOT 1 AMENDED ADWALK 2 OF SUB. 1 SECTION 1 2. LOT 3 BOARDWALK 2 SUB. SECTION 2 CAB. M. SL. 138 P.O.C. PARCEL 8T PT 1 W.0.0.R. 5 76 . 29_33' N73'49'25'. 193.09' ��'-- ~ 1079.46'17 "W. 516.76'1 • W. 376.12' 57 8 . 27'70 { NOTES: 1. BEARINGS AND COORDINATES CENTRAL ARE BASED 01 THE TEXAS STATE PLANE 5UURFACE 65ING F 1. USTED TO ADJUSTED 2. THIS SURVEY WAS PERF0RAE0 WITHOUT THE BENEFIT OF A CO NITIENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO 71115 TRACT. RECORD INFORMATION SHOWN 01 THIS PLAT IS BASED ON PUBLIC INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT. 3. . 1 5CR ,4715 ACCOPANIEO BY A SEPARATE METES AND BOUNDS 4. PROVIDED BASELINE TURNP. 06860 IS AND ERR4 005104 NC SCHEMATIC FILE 5. 0.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY. 8.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS DATE: F0J I.R. BEARS 578•21'10'8 0.10' 575+00 Y DETAIL 'A" ASA THOMAS SURVEY, A -809 515•09'10'6 11.31' I513'18'54'E1 4 STA. 974 +78.01 /l LT. 234.56' ('•, PROPOSED R.O.W. � 874.49'17'6. 326.19' � . / PART 1 ---, WILLIAMSON COUNTY FOR ROADWAY PURPOSES Li CALLED 5.891 ACRES DOC. #9716130 T '1 O.R.W.C.T. DELL COMPUTER HOLDINGS. L.P. REMAINDER OC F A153.512 ACRES 0.7.8.0. T. DELL CENTER LOT 2 SUB. CAB. N. 51. 236 W.C.P.R. WHOLE PROPERTY INSET 471 to 544E R.O.W. DEDICATION CONFLICTS WITH DOC. 09633512 2. \ DOC. #9509796 / f I�s.t1.+s 1 STA. 578+04.20 • 1576.07'40'711 186. 1641. 3117 '01'E. 7647.48 ' EXISTING 8.0.w. 5.14.45 PARCEL PLAT FOR PARCEL 87 PART 1 5. 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. 19 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: 0usi tn9Survc0n.com SCALE: 1" >a 100' JOB #: 417 -658 DATE: MAR 2000 DRAWN BY: TC HECKED BY: WJM ACREAGE SUMMARY 750.FT.1 PROPERTY �a.1 N.ffOi 0400 4 STA. 581 +22.48 LT. 225.39' L- 323.45' R-8788.00' Ab]' 12' 97' CKR6 ?0R 7-323.41 C47 I7Y FASWII 9Af. N. u, za F.B. #: HWY 45 CAD FILE S45PAR- 87 -PT -1 SHEET 5 OF 8 SURVEY LEDEND ▪ ■ FOUND TKDOT BRASS DISK IN CONCRETE ❑ - SET TXDOT BRASS OI5K IN CONCRETE O + SET IRON ROD T /TXDOT ALUM. CAP • + FOUND I •2' IRON ROD UNLESS OTHERWISE NOTED ® ■ FOUND 4' x 4' CONCRETE 10NUIENT A ■ CALCULATED POINT R PROPERTY LINE & ■ BASELINE ■ UTILITY POLE CD LL. 0 In F- LA LLI In LLI z J U 1 DELL CENTER LOT 2 SUB. CAB. N. SL. 236 W.C.P.R. DELL INO R OF 153.4555 ACRES DOC. 09633512 O.R.W.C.T. 157A. 581.27.48 LT. 225.39' PARI 1 PROPOSED R.O.W.- 7 8 . 01'24 'E. 337.51' I L 605D922 PURPOSES OR R.G.W. DEDICATION CALLE 15.891 ,ACRES 1 CONFLICTS WITH DOL 59716130 DOC. 59633512 6 k O..w.C.TI. DOC. 01509798 EXISTING ti R.O.W. _ t A.H-45 585 ASA THOMAS SURVEY, A -809 DELL CENTER LOT 1 SUB. CAB. M. SL. 28 W.C.P.R. DELL COMPUTER HOLDINGS. L.P. 28.718 ACRES DOC. 09509798 O.R.W.C.T. STA. 584+58.47 LT. 206.15' S14.47'19"9. 1647.11' IN76.08'01 "E. 1647.48'1 SCALE: 1" = 100' DATE: MAR 2000 DRAWN BY: TC CHECKED BY: WJM S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 6 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: oustlnDSurvcon.com JOB #: 417 -658 F.B. #: HWY 45 CAD FILE 545PAR- 87 -PT -1 SHEET 6 OF 8 SURVEY LE0EN2 • - FOUND TXDOT BRASS DISK IN CONCRETE ❑ SET TXDOT BRASS DISK IN CONCRETE O - SET .j IRON ROD 7 /TXDOT ALU)4. CAP • - FOUND in IRON ROO UNLESS OTHERWISE NOTED ® - FOUND 4" x 4' CONCRETE MONUMENT ▪ - CALCULATED POINT R - PROPERTY LINE a - BASELINE UTILITY POLE Q 1576_07'40 "M1 7 W z J — G LID EXISTING R.G.W.J F LU Mil I— • 590400 PROPOSED 6.0.8. N74•47'76'E. 719.06' $74.41'1611. 1647.17' (NT6•D8'01'E. 7647.48'1 ASA THOMAS SURVEY, A -809 DELL CENTER LOT 1 SUB. CAB. M. SL. 28 81.0.81.8. DELL COMPUTER HOLDINGS. L.P. 28.T18 ACRES DOC. W79509798 0.8.W.0.T. WILLIAMSON COUNTY FOR / C.W. DEDICATION` ,,' 171 DOC. #9633512 d ROADWAY PURPOSES ( ` ' ` ' CONFLICTS WITH CALLED 4 ACRES D DOG. .8 .0.7. 0 DOC. 09509798 O. R. W.C. T. OD . IST4•52'4I"M1 PARtt_1-__ !sIA.593.e3.58 LL. --fir L7. 203_03' O ( i }Vfltltt 573 "7. 285.67' co 1, $7 135642 2 "W ,1— LOUIS HENNA BLVD (CR 170) 1526/17 0.8.W.0.7. WIDTH VARIES I H74.47'56 "E W W LL1 z J U H Q S. H.45 PARCEL PLAT FOR PARCEL 87 PART 1 d 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. DATE: MAR 2000 F.B. u: HWY 45 0 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX (512) 899 -9390 EMAIL: aust Inesurvcon.com SCALE: 1" = 100' JOB x: 417-658 DRAWN BY: TC CAD FILES45PAR- 87 -PT -1 SHEET 7 OF 8 CHECKED BY: WJM • ' SURVEY LEGEND ▪ RUC TX007 BRASS DISK IN CONCRETE ❑ . SET TXDOT BRASS DISK IN CONCRETE o . SET 'K IRON ROD W /TXOOT ALUM. CAP • . FOUND 1 7 IRON 8m UNLESS OTHERWISE NOTED ® . FOUND 4' x 4' CONCRETE MONUMENT ▪ CALCULATED POINT R . PROPERTY LINE l - BASELINE ▪ . UTILITY POLE ASA THOMAS SURVEY. A -809 L- 33.02' R.0021.01' ! ` A`01.51 10'_ C.617.49'27 2 33.02' A S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 d 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. t SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (512) 899 -8282. FAX (512) 899 -9390 EMAIL: oustlnesurvcon.00m SCALE: 1" = 50' DATE: MAR 2000 DRAWN 8Y: TC JOB #: 417 F.B. 4e: HWY 45 CAD FILE:545PAR 87 - P 7 -2 LOT 1 AMENDING PLAT OF LOT 1. BOARDWALK 2 SU8.. SECTION 1 8 LOT 3. BOARDWALK 2 5118. SECTION 2 CAB. M. SL. 138 W.C.P.R. 5T3'38'22'W. 205.67' EXISTING R.O.W. DELL CENTER LOT 1 SUB. CAB.M. SL. 28 W.C.P.R. DELL COMPUTER HOLDINGS. L.P. 28.718 ACRES DOC. 49509758 D.R.W.C.T. (552'04'26'111 4 STA. 596+89.60 LT. 218.13' F STA. 597423.42 LT. 421.16' 87 ) PART 2 PROPOSED R.O.W. t STA. 597427.82 LT. 257•96' RESERVED FOR FUTURE R.O.W. OF STATE HIGHWAY 45 CAB. M. SL. 28 W.C.P.R. WILLIAMSON COUNTY FOR ROADWAY PURPOSES CALLED 5.891 ACRES DOC. 49716130 0.8.W.5.T. DELL CENTER LOT 2 SUB. CAB. N. SL. 236 P.D.B. 87 PART 2 W.C.P.R X43.38.831.51 .10.151.111 ./. i STA. 597+40.87 ? 3 LT, '1 e SS9.58 SA 505.54'5211 60.94' CHECKED BY: WJM SHEET 8 OF 8 County: Williamson Parcel No.: 140 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: PART 1 EXHIBIT 1 B FIELD NOTE DESCRIPTION FOR PARCEL 140 Page 1 of 5 June 13, 2000 DESCRIPTION OF A 0.068 ACRE (2946 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A ", DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET Q, SLIDE 175 -177 OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AS RECORDED IN DOCUMENT NO. 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.068 ACRE (2946 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation (TxDOT) Type II concrete monument set in the existing east right -of -way (ROW) line of Greenlawn Boulevard (a varying width ROW), same being the west line of said Lot 1, Block "A ", same being the north corner of the tract described herein, from which a calculated point in said common line for a point of curvature, bears with the arc of a curve to the left a distance of 141.13 feet through a central angle of 07 03' 47 ", having a radius of 1144.85 feet, and whose chord bears N 26° 45' 04" W, a distance of 141.04 feet and being 487.22 feet left of Survey Base Station 598 +34.17; THENCE leaving said common line and crossing said Lot 1, Block "A" with the proposed east ROW line of said Greenlawn Boulevard for the following three (3) courses and distances numbered 1, 2, and 3; 1) S 27 19' 51" E, a distance of 148.19 feet to a TxDOT Type II concrete monument set, being 342.34 feet left of Survey Baseline Station 598 +65.31, 2) S 16° 52' 13" E, a distance of 86.38 feet to a TxDOT Type II concrete monument set, being 256.00 feet left of Survey Baseline Station 598 +67.82, and 3) S 61° 52' 16" E, a distance of 43.35 feet to a TxDOT Type II concrete monument set, in the north line of a called 2.095 acre tract of land conveyed in the Special Warranty Deed to Williamson County as recorded in Document No. 9716131 of the Official Records Williamson County, Texas, for the south corner of the tract described herein, being 226.25 feet left of Survey Baseline Station 598 +99.35, from which a TxDOT Type II concrete monument set bears S 84° 16' 56" E, a distance of 35.41 feet; THENCE leaving said proposed east ROW line and crossing Lot 1, Block A the following two (2) courses and distances numbered 4 through 5: 4) N 84° 16' 56" W, a distance of 29.54 feet to a calculated point, 5) N 39 02' 56" W, a distance of 61.57 feet to a calculated point, in the east ROW line of Greenlawn Boulevard, (varying width ROW), same being the west line of said Lot 1, Block "A ", FN 1764R 20081 -20 THENCE with said common line the following two (2) courses and distances numbered 6 through 7: 6) N 16° 52' 52" W, a distance of 67.95 feet to a calculated point of curvature, and 7) with the arc of a partial curve to the left a distance of 126.70 feet through a central angle of 06° 20' 27 ", having a radius of 1144.85, and whose chord bears N 20° 02' 59" W, a distance of 126.64 feet to the POINT OF BEGINNING and containing 0.068 acre (2946 square feet) of land, more or Tess. PART 2 Page 2 of 5 June 13, 2000 DESCRIPTION OF A 0.187 ACRE (8166 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT I, BLOCK A, DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET Q, SLIDE 175 -177, OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AS RECORDED IN DOCUMENT NO. 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.187 ACRE TRACT (8166 SQUARE FEET) AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with a TxDOT aluminum cap set in the west line of a called 41.10 acre tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. as recorded in Document No. 9606843 of the Official Records Williamson County, Texas, same being the east line of said Lot 1, Block "A ", same being in the proposed north ROW line of State Highway 45, (a varying width ROW) also being the northeast comer of the tract described herein, and being 226.56 feet left of Survey Baseline Station 608 +30.97, from which a calculated point bears N 16° 51' 55" W, a distance of 350.00 feet; 1) THENCE with said common line S 16° 51' 55" E, a distance of 100.00 feet to a 1/2 -inch iron rod found for the southeast comer of said Lot 1, Block "A ", same being in the existing north ROW line of said Louis Henna Boulevard, also being the southeast comer of the tract described herein; 2) THENCE leaving said common line and with said existing north ROW line S 73° 07' 47" W, a distance of 45.70 feet to a calculated point for the southeast corner of said 2.095 acre tract, same being a southwest corner of said Lot 1, Block "A ", also being the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found bears S 73° 07' 47" W, a distance of 903.68 feet; THENCE leaving said existing north ROW line and with the east and north lines of said 2.095 acre tract for the following five (5) courses and distances numbered 3 through 7: 3) N 16° 07' 54" W, a distance of 84.32 feet to a calculated point for the northeast comer of said 2.095 acre tract, same being an interior corner of said Lot 1, Block "A ", also being an interior comer of the tract described herein, 4) S 75° 20' 31" W, a distance of 180.06 feet to a calculated point, 5) S 75° 01' 25" W, a distance of 100.02 feet to a calculated point, 6) S 74° 31' 08" W, a distance of 150.01 feet to a calculated point, and FN 1764R 20081 -20 7) S 73° 33' 48" W, a distance of 236.62 feet to a calculated point being 218.78 feet left of Survey Baseline Station 601 +12.92; 8) THENCE leaving said north line and crossing said Lot I, Block "A" with the proposed north ROW line of said S.H. 45 N 73° 07' 46" E, a distance of 711.09 feet to the POINT OF BEGINNING and containing 0.187 acre (8166 square feet) of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That 1, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15th day of June, 2000. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 Page 3 of 5 June 13,2000 Micha R. Hatchet Regist red Professional Land Surveyor No. 4259 - State of Texas FN1764R 20081 -20 L1 L2 L3 N16° 52'52 "W S16° 5213"1 S61° 52'16 "E 67.95' 86.38' 43.35' L4 L5 L6 S84° 16'56 "E N39° 02'56 "W 1 4° 16'5 35.42' 61.57' lIJI 29.54' C1 8 -06 °20'27" R- 1144.85' L -1 6.70' APPROXIMATE LOCATION OF SURVE_Y_L_INE_ _ _ IG - -- - S TATE HHWAY 45 LOUIS HENNA BLVD. ..— _ .--- _�__.._...° -.,� _ .............. _ (V,ARIA8!_E J(✓IOTH.R_O -w.1. SURVEY BASELINE + F NOTES: SURVEY BASELINE CURVE DATA P/ Sto 608 N • 10150946.5082 E •31398561589 5. 4'07'13 "/LTA D •0'15'00 - T - 829.41' R - 2291829' CB N72 44'19•E C -1647.75' PC 57a 6055.04 P7 570 617.0315 J1 EXISTING R.O.W. LINE BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS NOT SHOWN. DETAILS ARE NOT DRAWN TO SCALE. 4029 Capitalist Tame 11197007,80. IN g. 00080 Oaks Professimel Plaza, 9010 125 AUSin, Texas 78704 (512) 997-'675 Far: (512) 326-3029 A -07 ° 03'47" R- 1144.85' 45'04"W ASA THOMAS ✓4 CB -N26° C•141.04' • SURVEY A -609 f (r: DELL EAST CAMPUS SUBDIVIS ION SECTION ONE LOT 1 BLOCK A CABINET 0, SLIDES 175 -1770 P.R.W.C.Tx. DELL COMPUTER HOLD�1IIGSc-L,.. DOC. No. 96335 \ O.R.W.C.Tx. 598.67. 256.00' L 3„ 598.99.35 "R26.25' LT ---- --- --- - - - PROPOSED "R.-0:1r. L4 MEMUCAN HUNT SURVEY A -399 2113.60'LT WILLIAMSON COUNTY DEED FOR "PUBLIC ROADWAY, STREET, OR HIGHWAY " CALLED 2.095 ACRES DOC. No. 9716131 O.R.W.C.Tx. RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P WILLIAMSON COUNTY. TEXAS SCALE EXISTING R.O.W. LINE LEGEND • TYPE I CONCRETE MONUMENT FOUND 8 TYPE 4 CONCRETE MONUMENT FOUND • TYPE II CONCRETE MONUMENT SET • '/" PPE FOUND UNLESS NOTED • %' PON R00 SET W/ TOOT CAP UNLESS NOTED • IRON R00 FOUND UNLESS NOTED • 60 0 NHL SET UNLESS NOTED • 60 0 NM. FOUND UNLESS NOTED 8 CALCULATED PONT • PROPERTY LINE 4 CENTER LINE E 1 RECORD NFORMATION 7.0.0. PONT OF BEGINNING P.O.C. POINT OF COMMENCING • a. P064T OF REFERENCE PONT OF CURVATURE • PONT OF TANGENCY NT NON - TANGENT CURVE Pc IRON R00 FOUND FP IRON PIPE FOUND E. PUBLIC UTILITY EASEMENT 004.0.0.1, OFFICML PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS *,. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS •. PLAT RECORDS 61111091509 COUNTY, TEXAS OR.w.0.1.. DEED RECORDS WILLIAMSON COUNT0, TEXAS PAGE 4 OF 5 REF. FIELD NOTE NO. 1764R PARCEL 140 PART 1 LEGEND • 0 • • • • 6 TYPE I CONCRETE MONUMENT FOUND TYPE N CONCRETE MONUMENT FOUND TYPE NCONCRETE MONUMENT SET Vt' PIPE FOUND UNLESS NOTED %" IRON ROD SET W/ T000T CAP UNLESS NOTED VL' IRON ROD FOUND UNLESS NOTED 60 0 NAL SET UNLESS NOTED 60 0 NAL FOUR UNLESS NOTED CALCULATED POINT PROPERTY LEA CENTER LINE I RECORD IKORMATION P .O.& POINT OF BEGINNING P.O.C. POINT OF COMMENCING • R POINT OF REFERENCE P.C. PONT OF CURVATURE • PONT OF TANGENCY NT NON - TANGENT CURVE ▪ F30N R00 FOUND ✓ f IRON PIPE FOUND P.a.E. PUBLIC U5LITY EASEMENT 0.P.P.W.C.T.. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS 0.4.0.c.T9. OFFICIAL RECORDS WLLIAMSON COUNTY. TEXAS P.KW.C.7 PLAT RECORDS 411113M50N COUNTY, TEXAS 0.16W.C.74. DEED RECORDS WILLIAMSON COUNTY, TEXAS 1 t 1 60112.92 573° 33'48" 23.62 S74° 3008 "W 218.78' LT WILLI SIN COUNTY 150.01' DEED FOR "PU:LIC ROADWAY, EN75 "E STREET, 0 HIGHWAY " CALL D 2:x95 ACRES` DO.N•,9716131 P.O.R = R .C.T7(- .4 EXISTING R.O.W.,LINE .. _ ' --7 APPROXIMATE LOCATION - OF SURVEY LINE I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND B_ IEF. H R. HATCH R REGI' TERED PROFESSIONAL LAND SURVEYOR NO. 4259. STATE OF TEXAS SUR3E1106•AERIAL MAPPING. ENGINEERING 4029 Capfelol Texas H19hv4y. S0. �• 13660 Oaks Profession/ Plaza, Suite 125 Austin. Texas 78704 (512) 447-0571 Fax: (512)326-3029 , SURVEY A -609 ASA THOMAS L C LITER HOLDINGS, L. CALLED - AC RES — " _ ® No. 9606843 O-R W_C DELL EAST CAMPUS SUBDIVISION SECTION ONE LOT 1 BLOCK A CABINET Q, SLIDES 175 -177 P.R.W.C.Tx. DELL COMPUTER HOLDINGS, L.P. DOC. No. 9633512 O.R.W.C.Tx. CN74 27'27 "01 N73° 07'46 "E 711.09' S75 0025"W 100.02' (N76 20'55 "E 100.021 --' N73° 07°47"f - 90368' — .._.. _... STATE HIGHWAY 45 LOUIS HENNA BLVD. SURVEY BASELINE i. DAT PART 2 D.187 ACRE (4166 S0. FT. WILLIAMSON COUNTY, TEXAS SCALE P.0.13 0 —roc' ,O. P/0.6. 08.30.97 226.56'1 N- 101511 E -3139 575° 20'31 "W 180.06' Z (N76 40'01 "E 180.06'1 m 00 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P. AO SURVEY BASEL /NE CURVE DATA PI 510 608'79.45 N - 10150946.5082 E - 3139856.1589 O. 4' 07' /3" ALT1 D - 0'/5'00' - 1648.11' T - 824.4/' R - 229/829' 03 - 972'4419'E C - /64775' PC 970 600-55.04 PT Sy0 617'03 .15 0 O(0 02 __. .,573.07 . 4 ' AW ..'. 45.70' PAGE 5 OF 5 REF. FIELD NOTE NO. 1764R PARCEL 140 PART 2 0, County: Williamson Parcel No.: 143 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: FIELD NOTE DESCRIPTION FOR PARCEL 143 Page 1 of 3 April 18,2000 DESCRIPTION OF A 1.662 ACRE (72,395 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING A PORTION OF THAT CERTAIN 41.10 ACRE TRACT CONVEYED IN THE GENERAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AND RECORDED IN DOCUMENT NO. 9606843, OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS SAID 1.662 ACRE (72,395 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found in the east line of the said Dell 41.10 acre tract, same being in the west line of Lot 2, Block A of Stonehaven, a subdivision of record in Cabinet R, Slide 156, Plat Records of Williamson County, Texas; THENCE with said common line S 03° 12' 32" W, a distance of 1171.60 feet to a 1/2 -inch iron rod found with plastic cap for the southwest comer of said Lot 2, Block A, same being in the north right -of -way (ROW) line of State Highway 45 (a variable width ROW) as dedicated to the State of Texas in Volume 1544, Page 20, Official Records Williamson County, Texas; THENCE continuing with the east line of said Dell Tract, same being a west line of said ROW, S 03° 11' 53" W, a distance of 22.02 feet to a 1/2 -inch iron rod with a Texas Department of Transportation ( TxDOT) aluminum cap set for the POINT OF BEGINNING in the proposed north ROW line of said State Highway 45, same being the northeast comer of the tract described herein, and being 233.38 feet left of survey Baseline Station 615 +19.46; 1) THENCE with the east line of said Dell Tract, same being the west ROW line of State Highway 45 S 03° 11' 53" W, a distance of 128.06 feet to a l/2 -inch iron rod found in the north ROW line of Louis Henna Boulevard (a varying width ROW), same being the southeast corner of said 41.10 acre Dell tract; 2) THENCE with said north ROW line, same being the south line of said 41.10 acre Dell tract, S 73° 07' 47" W, a distance of 637.35 feet to a 1/2 -inch iron rod found for the southeast corner of Lot 1 Block A, Dell East Campus Subdivision, Section One, a subdivision of record in Cabinet Q, Slide 175, Plat Records, Williamson County, Texas, and conveyed in the Special Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document No. 9633512 of the Official Records Williamson County, Texas; THENCE with the east line of said Lot 1 N 16° 51' 55" W, a distance of 100.00 feet to a 1/2 -inch iron rod with TxDOT aluminum cap set in the proposed north ROW line of said State Highway 45, same being in the west line of said Dell 41.10 acre tract, being 226.56 feet left of survey Baseline Station 608 +30.97; FNI754 20081 -20 4) THENCE leaving said common line and crossing said Dell Tract with the proposed north ROW line of said State Highway 45 N 71° 25' 28" E, at 662.29 feet pass a TxDOT Type II Concrete monument set being 233.47 feet left of Survey Baseline Station 615+00.00, in all a total distance of 681.58 feet to the POINT OF BEGINNING and containing 1.662 acres (72,395 square feet) of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS That I, John E Brautigam, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 19 day of April, 2000. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 FN1754 KNOW ALL MEN BY THESE PRESENTS: Page 2 of 3 April 18, 2000 f J.� t E Brau R gistered P fessional Land Surveyor N.. 5057 - S ate of Texas 20081 -20 IFTLLIAMSON COUNTY. TEXAS SCALE e T'C LE N G ASA THOMAS SURVEY A -609 LOT 1 BLOCK A DELL COMPUTER HOLDINGS, L.P. DOC. No. 9633512 O.R.W.C.Tx. l DELL EAST CAMPUS SUBDIVISION SECTION ONE CABINET 0, SLIDES 175-177 P.R.W.C.Tx. DELL COMPUTER HOLDING CALLED 41.10 !ACR DOC. No. 960684, O.R.W.C.T,'x. ti PROPOSED •R.O.W DETAL A / `l RF W/ PLASTIC CAP J � 1 %..1 i \ iNO3 11'53 "E y 22.02' / 1 L.P. EXISTING R.O.W. LINE S73.0ts- rs747 °W 637.35' — �o•wa— APPROXIMATE LOCATION OF SURVEY LINE ST ATE HIGHWAY 45 LOUIS HENNA BLVD. � .:. „6Y�+TaeLE'Nrtrr>aRlo. r _�- - - -- EXISTING Rj0LW: LINE - !- SURVEY 1ZKWIAe r ; 1 BEARINGS AND COORDINATES OAR SYSTEM, B -ON WHE /VEMUM N ' HUNT TEXAS STATE PLANE COORDINATE E SYSTEM, NAD 83, E 1 A-314 CENTRAL ZONE AND ADJUSTED TO SURFACE USING S U UR V 7 A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON. RPLS, SURVCON. INC. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS NOT SHOWN. DETMLS ARE NOT DRAWN TO SCALE. I HEREBY CERTIF THAT THIS SURVEY WAS MADE ON THE GROUND UNDER Y DIRECTION AND SUPERVISION AND THAT THE PLAT IS T E AND CORRECT TO THE BEST OF MY KNOWLEDGE AN BELIEF. E BRAUT RE STERED P NO. 5057, STA ESSIONAL LAND SURVEYOR OF TEXAS • i Y DATE 4029 Captain! Teams HplmmY, So. ANC, BroWe 094 PmleseimNP1*A Sate 125 ��t1♦ 0101, Toms 78104 NWETIRGMERU/ MAPPR9•ENQIIIEERIRG (5121447-0575 Fox (5121326 -3029 t -- DETAIL Al \ 7r 25'28 "E 681.5$ 1P, SURVEY BASELINE CURVE DATA P1570 608.79.45 N - 10150946.5082 £ - 3139856)569 5. 4'07'I3•(LT, D - 0'15'00' L - 1648Jr T • 624.4r R - 2291829 CB N7644'19E C - 1647.75' PC Sro G0J•33504 PT 1910 6/7.05J5 I j f I RR HOMESTEAD III APARTMENTS, LTD. DOC. No. 9912719 - -_ LOT 2 BLOCK A FINAL PLAT OF /STONF.HAVEN CABINET R, SLIDE 56—, u r;',,_ i LEGEND R PORT OF BEGINNING P.O.C. POINT OF COMMENCING L POINT OF REFERENCE PP.T. PONT OF CURVATURE T NON- TANGENT CURVE Pm RON ROD FOUND ✓ p RON PIPE FOUND P.U. PUBLIC UTLITT EASEMENT 06.8P.c.T*. OFFICIAL PUBLIC RECORDS WLLIMI50N COUNTY. TEXAS o.p.w.C.T/ OFFICIO/ RECORDS WLLIAM50N COUNTY, TEXAS R.W.C., PLAT RECORDS WLLIPMSON COUNTY. TEXAS 0.R.W.<., DEED RECORDS WLLIAMSON COUNTY. TEXAS RIG —OF —WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P. 0. 61 19.46 • LT 1 380.04739 6 1 5 • TYPE 1 CONCRETE MONUMENT FOUND BI TYPE t CONCRETE MONUMENT FOUND II TYPE II CONCRETE MONUMENT SET • YC PIPE FOUND UNLESS NOTED O Me RON ROD SET W/ TXDOT COP UNLESS NOTED • f " RON R00 FOUND UNLESS NOTED • 60 0 NAL SET UNLESS NOTED • 60 0 NAL FOUND UNLESS NOTED D CALCULATED POINT t PROPERTY LINE L CENTER LIME 1 RECORD INFORMATION PAGE 3 OF 3 REF. FIELD NOTE NO. 1754 PARCEL 143 • BEGIN SESSION ® Fri Apr 14 08:O8:56 2000 Points 2 to 1000 deleted. 1000 points in workfile. fnp143 FROM ANGLE DIST NORTH EAST TO * * * ** START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV 5 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01 10000.00000 50000.00000 1 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac BEGIN SESSION ® Fri Apr 14 08:1.:11 2000 Points 2 to 1000 deleted. 1000 points in workfile. rowp143 FROM ANGLE DIST NORTH EAST TO * * * ** START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP - 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01 10000.00000 50000.00000 1 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac BEGIN SESSION 5 Fri Apr 14 09:3'..66 2000 Points 2 to 1000 deleted. 1000 points in workfile. skp143 FROM ANGLE DIST NORTH EAST TO START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01 10000.00000 50000.00000 1 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac ISSUED By fauuyerslitleInstuance @}potation 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 materialman's lien for labor or material having its inception on or before Dale 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 Ss 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: di (✓ Texas Owner's Policy T -1 (Rev. 04/04/02) Cover Page Form 1178 - 22 Secretary By: EXCLUSIONS FROM COVERAGE ORIGINAL OWNER'S POLICY OF TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION ? aipg-t President The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' 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 to (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 governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a detect, 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 Date 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 in the public records at Date of Policy, but known to the insured claimant and not disclosed in 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 in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person 10 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, (ii) the subordination or recharacterization 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 Irom the failure of the Company or its issuing agent to timely file 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 defenses 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, distributees, 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, limited liability company or limited liability partnership resulting from merger or consolidation or conversion or the distribution of the assets of the corporation or limited liability company or limited liability partnership upon partial or complete liquidation; (1) the successors in interest to a general or limited partnership or limited liability company or limited liability 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 of 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 10 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 land is insured by this policy. (e) "mortgage': mortgage, deed of trust, trust deed, or other security instrument. (q '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 hens filed in the records of the clerk of the United States 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 the 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 al 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. If 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, alter the dale 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 tram 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 defect 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; (ii) 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 property 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 NO undertake a combination of (1) through (v) herein- " N 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 matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees cif 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 the Company shall exercise its rights under this paragraph, it shall do diligently. (0) 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. (9) 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, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Companys expense, shall give the company all reasonable aid (1) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in 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 Companys 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 after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days alter the insured shall ascertain the lads giving rise to the loss or damage. The proof of 1005 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 Companys 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 01 the Company and shall produce for examination, inspection and copying, at such reasonable times 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, it requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company M 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 lender payment of the amount of insurance under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by Inc Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. CONTROL NUMBER B11- 0115583 . continued on next page of cover sheet 0211754 L 491 $ * * ** *73,966.00 $ * ** *737.00 1000 CASE NUMBER 2000 RR 211754 -D (221) /cu LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF POLICY 12/17/2002 SCHEDULE A 1. Name of Insured: THE CITY OF ROUND ROCK, TEXAS 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: THE CITY OF ROUND ROCK, TEXAS 4. The land referred to in this policy is described as follows: TRACT 1: PART 1: 0.755 OF AN ACRE OF LAND MORE OR LESS, BEING A PORTION OF LOT 2 FINAL PLAT OF DELL CENTER -LOT 2 SUBDIVISION ACCORDING TO MAP OR PLAT THEREOF RECORDED IN CABINET N SLIDE 236 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND BEING A PORTION OF THE REMAINDER OF 153,4555 ACRES OF LAND, MORE OR LESS CONVEYED TO DELL COMPUTER HOLDINGS L. P. A TEXAS LIMITED PARTNERSHIP, AEIN DOCUMENT ORTION 5 OF LOT FIINALCPLATROFODEELL WILLIAMSON 0UNTY, COUNTY, SUBDIVISION, THEOPLSTGRECORDS OR PLAT RECORDED EAS, SAICABINET .755 OF AN ACRE BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. PART 2: 0.094 OF AN ACRE OF LAND MORE OR LESS, BEING A PORTION OF LOT 1 FINAL REECCORDED M T SLIDE 8 28 VI OF O T{HE A PLAT D RECORDS O THEREOF F WILLIAMSON COUNTY, TEXAS, SAID 0.094 OF AN ACRE BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. Countersigne AMOUNT OF INSURANCE $ * * ** *73,966.00 AUSTIN TITLE COMPANY POLICY NUMBER 0211754 co ure Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule B Schedule A And Cover Page Are Attached County: Williamson Highway: State Highway 45 Limns: From West of US 183 to FM 685 CS3: Part l EXHIBIT A Page I of 3 Pages Property Description for Parcel 87 Part 1 and Part 2 Being a 0.849 acre (36,983 square feet) tract of land situated in the Asa Thomas Survey A-609, Williamson County, Texas and being more particularly described in two parts by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of L00012: Being a 0.755 acre (32,888 square feet) tract of land being a portion of Dell Center Lot 2 Subdivision, as recorded in Cabinet N, Slide 236 of the Williamson County Plat Records (W.C.P.R.) and being a portion of the remainder of a 153.4555 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9633512 of the Official Records of Williamson County, Texas ( O.R.W.C.T.) and a portion of Dell Center Lot l Subdivision, as recorded in Cabinet M, Slide 28 W.C.P.R. and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP. LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 O.R.W.C.T. Said 0.755 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a ''a -inch iron rod found for the northwest corner of said Dell Center Lot 2 Subdivision and the northeast comer of Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, as recorded in Cabinet M, Slide 138 W.C.P.R.; THENCE, South 15 °09'10" East (S 13 °49'23" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 1,700.89 feet to a Texas Department of Transportation ( TxDOT) brass disk in concrete (X= 3,136,326.74, Ya 10,150,227.29) set in the proposed northerly right -of -way line of State Highway 45 at 231.40 feet left of and perpendicular to State Highway 45 Baseline Station 572 +84.94 for the POINT OF BEGINNING of the herein described tract; THENCE, across said Dell Center Lot 2 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following four courses: 1. North 73 °49'26" East, a distance of 193.09 feet to a TxDOT brass disk in concrete set for an angle point; 2. North 74°49'17" East, a distance of 326.19 feet to a TxDOT brass disk in concrete set for the beginning of a tangent curve to the right; Description: Williamson,TX Document- Year.DocID 2002.99980 Page: 4 of 12 Order: dell Comment: IT212000_DATA\4 t 76581MRB'stPA R87pt I &2.doc EXHIBIT Page _ 2 of 8 Pages 3. An arc distance of 323.45 feet, along said tangent curve to the right, having a Radius of 5,788.00 feet, a Delta Angle of 03 °12'07 ", a Chord Bearing and Distance of North 76 °25'20" East, 323.41 feet to a TxDOT brass disk in concrete set for a point of tangency; 4. North 78 °01'24" East, a distance of 331.51 feet to a TxDOT brass disk in concrete set in the west line of said Dell Center Lot 1 Subdivision for an angle point; 5. THENCE, North 75 °49'58" East, across said Dell Center Lot 1 Subdivision and continuing along the proposed northerly right -of -way line of State Highway 45, a distance of 206.08 feet to a TxDOT brass disk set in concrete for an angle point; 6. THENCE, North 74 °47'56" East, continuing across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of -way line of State Highway 45, a distance of 719.06 feet to a TxDOT brass disk in concrete set at 203.03 feet left of and perpendicular to State Highway 45 Baseline Station 593 +83,58 in the north line of a called 5.891 acre tract conveyed to Williamson County for roadway purposes as recorded in Document No. 9716130 O.R.W.C.T. and the north line of a tract of land reserved for future right -of -way of State Highway 45 as shown on said Dell Center Lot 1 Subdivision and said Dell Center Lot 2 Subdivision; THENCE, along the common line between said 5.891 acre tract and said land reserved for future right-of-way, the following three courses: 7. South 73 °36'22" West (S 74 °52'41" W), a distance of 135.42 feet to a 1/2 -inch iron rod found for corner; 8. South 74 °4T18" West (S 76 °0T40" W), a distance of 1,647.17 feet (1,647.48') to a 1/2- inch iron rod found for corner, 9. South 78 °27'10" West (S 79 °48'17" W), a distance of 316.72 feet (316.78) to a point in the line common to said Dell Center Lot 2 Subdivision and said Lot 1 of Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, from which a' !s -inch iron rod found bears South 78 °27'10" West, 0.10 feet; 10. THENCE, North 15 °09'10" West (S 13 °49'23" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 11.31 feet to the POINT OF BEGINNING and containing a computed area of 0.755 acre (32,888 square feet) of land, more or less in Part 1. Description: Williamson,TX Document- Yeer.DocID 2002.99980 Page: 5 of 12 Order: dell Comment: t1SUR V HOU_ NT2t2000 _DATA14I7658\M&B's1PARB7pt 1 &2.doc Part 2 EXHIBIT /4 Page 3of 8 Pages Being a 0.094 acre (4,095 square Teet) tract of land being a portion of Dell Center Lot 1 Subdivision, as recorded in Cabinet M, Slide 28 of the Williamson County Plat Records (W.C.P.R.) and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 of the Official Records of Williamson County, Texas ( O.R.W.C.T.). Said 0.094 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation ( TxDOT) brass disk in concrete (X= 3,138,631.51, Y= 10,151,111.29) set at 480.13 feet left of and perpendicular to State Highway 45 Baseline Station 597 +40.87, being in a non - tangent curve to the right in the existing westerly right -of -way line of Greenlawn Boulevard as dedicated in Volume 1526, Page 17 O.R.W.C.T. From said point a '/cinch iron rod found for the northwest comer of Dell Center Lot 2 .Subdivision as recorded in Cabinet N, Slide 236 W.C.P.R. and the northeast comer of Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2 as recorded in Cabinet M, Slide 138 W.C.P.R. bears North 74 °3579" West, 2,851.88 feet; 1. THENCE, along said westerly right -of -way line of Greenlawn Boulevard being a non - tangent curve to the right with an arc distance of 33.02 feet, having a Radius of 1,021.01 feet, a Delta Angle of 01 °51'10 ", a Chord Bearing and Distance of South I7°49'27" East, 33.02 feet to a 1/2 -inch iron rod found for end of curve; 2. THENCE, South 16 °49'53" East (S 15°33'04" E), along said westerly right -of -way line, a distance of 156.51 feet to a 1/2 -inch iron rod found for the northeast corner of a called 5.891 acre tract conveyed to Williamson County for roadway purposes in Document No. 9716130 O.R.W.CT. and the northeast corner of a tract of land reserved for future right-of-way of State Highway 45 as recorded in Cabinet M. Slide 28 W.C.P.R.; 3. THENCE, departing the westerly right-of- -way line of said Greenlawn Boulevard with the line common to said 5.891 acre tract and said tract of land reserved for fume right -of -way of State Highway 45, South 05 °54'52" West (S 07° l4'59" W), a distance of 60.94 feet (60.86') to a'A-inch iron rod found for an angle point; 4. THENCE, continuing along said common line, South 50 °44'04" West (S 52 °04'26" W), a distance of 38.54 feet to a TxDOT brass disk in concrete set at 218.13 feet left of and perpendicular to State Highway 45 Baseline Station 596 +89.68 for an angle point; THENCE, across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following three courses: 5. North 28°33'11" East, a distance of 55.14 feet to a TxDOT brass disk in concrete set for an angle point; Description: Williamson,TX Docent- Year.DocID 2002.99980 Page: 6 of 12 Order: dell Comment: \1SURVHOU NT2\2D00_ DATA 4I76581M&B's\PAR87pII &2.doc EXHIBIT A Page 4 of 3 Pages 6. North 16'44'42" West, a distance of 163.26 feet to a TxDOT brass disk in concrete set for an angle point; 7. North Ol °16'56" East, a distance of 61.50 feet to the POINT OF BEGINNING and containing a computed area of 0.094 acre (4,095 square feet) of land, more or less, in Part 2 for a total combined area of 0.849 acre (36,983 square feet), more or Tess, in Parts 1 and 2. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden Inc. Canine 7 -/J Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON INC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899 -8282 July 17, 2000 Description: Williamson,TX Docent- Year.DOcID 2002.99980 Page: 7 of 12 Order: dell Comment: V\SUJRVHOU NT212000_DATA14 I76581M &B's1PAR87ptI &2.doc 91014[2 '.1020! ▪ • 1000 0001 00011 010 111 00100001 ❑ �•. � - Set 70001 MASA 0105 04 =cam V ■ sit 7 1 40014 060 0 000. C» • • 0000 As IRON 000 0L111 0111201/51 1101105 I - 0011W A. X 4' COMMITS 1000001 C*L0MAT/0 00100 B - /0005010 LI00 l - 0.3E710 ISZ - 0110121/0.1 r 10. 1.1 01205'00'• 11.31' 1011•41'11 SCE D(7AIL '0 1080 '.{_ 1.R. Sl . 221 2 ▪ .11 0.10 10 BOARONALX `IMITED EM 6.769 AC. ROAMER OF CALLED 219.165 AC. C 2234/54 9y 0.6.0.0.T. - 6 510•04•10 11.31' • 0 C 1411NL 01 07 4 6.0.1.0. 57 0 • 21'31 . • rf13'M'!4'[1 7 '20 10 • 311. 110116. I. KAROL 100 COORDII0113 10 64300 W flu TEXAS UM 1010 0000 1 1.3130. Noe 01. 00147040. f04 110 401eSTED 10 9Yi06L 01.005 A 00411611E21 11001 00 1.00012. 4. V10y1xT11T10011K101 5N A1 p 111 1 0 .O1T I 5110��0110 01 NOCT. 1.0 TOO 71100IM SNOTO TON105 IMOT YSTMC OA I. 7. 7 115 1 0 40010 57 A 5 0MUn wens 50 60.000 4. 1ru r014LIK 11004 x00000 15 010 4 001100 1 0004000 /041 1001'100((00 02 1111110. C4LIA 110 6240[0, 1K. 1. 0.0.6041. 100121115 6000104, 000002 Ot 111010101 COIMIY . 11.1.1.0• 110100191 .ILL 140104 00M0 1 1.01 010001 �1uu 2(011[(�� # . `` �P 1i 7-,iB. -sue IC1 00,1 110 0)410 11101*" LOT 1 AMENDED T O LOT 1 0 SECTION 1 L LOT 3 BOARDWALK 2 SUB. SECTION 2 CAB. M. 51. 134 20010 l S.R. 11047' 0.10' 0!711 '0' 0.1.1. 570. 014410.01 LT. 231.04' 01404'11'1. --- - ---1 ASA THOMAS SURVET. A -009 224. PART t WILLIAMSON COUNTY FOR 4 ROADWAY PURPOSES CALL1D 5.191 ACRES 00C. 69216130 O .R.W.C.T. DELL CENTER LOT 2 SUB CAB. N. 5L. 236 W.C.P.R. DELI COMPUTER MOLDINGS. L.P. REMAINDER OF 153.4137 ACRES 00C. 196.33512 O. R. W. C. 7. IA-101E PROPERTY INSET .0'r1 1 STA. 16404.00 LT. 224.61' PROPOSED R.O.W. 1674.07'40 11.41 10 0. 101.11 1011.00'01'1. 0611.04'1 EXI57INa 9.0.0. R.O.B. DEDICATION CONFLICTS 61TN DOC. A9633512 L 900. P9509798 t 1 2S }/auks 1175•00 5 cA .. d Mir ACREAGE SUMMARY 100.FT. 47 PMT 1 47 PMT 2 .42:11 If.IM.tNI 000 4009 112.611 04.0551 00 01122* 2,115.071.. 560400 1 stA. 160.20.4. LT. 221.30' Lw3.41' 4-070.00' 4-03.11 21• 040 321.0 0'£ 321.0 N�I�r u 0.0.45 PARCEL PLAT FOR PARCEL 87 PART 1 6 87 PART 2 COUNTY2 WILLIAMSDH GRANTOR: O0LL COMPUTER MOL01003. L.P. EMAIL: Duet Inesurvc00.cOm 1." LL. 0 t0 1- 111 L11 In 371 z -J U 1- 1 2 SURVCON INC. PROFESSIONAL SURVEYORS 5516 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78201 .y TELEPHONE 45121 8996282. FAX 45127 899 -931 H $® � U SCALE: t . T00' JOB 5: 411 -658 '4 7ATE1 MAR 2000 F.B. 01 NWT 45 04 y DRAWN BY: IC CAD F1LES45PAR- 07 -PT CHECKED BY: RJR SHEET 5 OF 8 II 00 'O 8 O A . POIPtI 711Wr MASS OM IN CO C CTE ❑ - Mr ROOT MASS OIY IN 1:066m Q . YI LA' NM 660 66601 NW. EM . PO6N0 W IRON NCO 1M.W OINEN6IY NoTto ® . 70.0 4 6' mom mammon t C - t LDAAtER POIM ! - MIVERTY LINE IL - ROM 11! - OTILIR PqE LT. 626.56' DILL M C . M 501236 u1. 6.C.P.R. DELL C01►UrER HOLDINGS. L.P. REMAINDER DS 163.4555 ACRES 00C. 33 12 STA. M14?.1. PART 1 11709O■•t1•E. IR41' in CONF C S Y TN ARSON gNEI E5 EXIST INC • IUR0��AE0Eyp1AY /1RMp R.C.M. DEO ICAT ION Cu 00C' 1.971 LIJD� UDC. .6 693912 l k DOC 06609166 ti 6.0.6. . �,. S.N.45 186100 J v 0 0 s35 ASA THOMAS SURVEY, A-609 DELL SOT 1 We. v.C.P.R. DELL COMPUTER HOLDINGS. L.P. 26.716 ACRES DOC. .4506156 O .R.6.C. T. 9 610. 664411. 67 LT. 206.76' .. STA. 166•1.52 I 1. 501•01' , 'A G . 1316.07'107111 5 ' • 1 676• Tr17'lI'6. 11/1.11' 1SMR'06.01K. 1447.1.' 7 w 2 r 0.11.45 PARCEL PLAT FOR PARCEL 87 PART 1 b 07 PART 2 COUNTY; WILLIAMSON GRANTOR: DELL COtPUTE9 110L071155. L.P. SVRVCON INC. PROFESSIONAL SURVEYORS 5316 M11Y. 290 WEST. SUITE 480 1 ii AU571N. 7E565 76106 .1 TELEPHONE 15121 899 -8202. FAX 15121 899 -939... EMAIL: Oust lnOaurv00n. com il U SCALE: 6" . 100' JOB A: 417 -658 ti D ATE; MAR 2000 .8. 0: HWY 45 0 y w V O RANH HY: IC CAD F1LE 54SPAR- 07-PT• t C HECKED BY: RJR SWEET 6 OF e 1 W . ro 4o ,ff 1,1001g M - r 71001 MASS 1150 01 CONCAVE • - 111 70101 MW 0111 177 C011CAETE ▪ 11T '•1 1001 1100 1.110/01 AMPS CAP • - 001O0 h' 1101 nos miss 01MEA11st 00re0 ® - f010 A 0 4 0001(10 ■000/1 A - t11WL7710 ro11.7 R - P770•1071 1101 1 - /*SULM( - 1111117 MAC 6 ASA THOMAS SURVEY. A-609 DELL CENTER LL LOT 21 5118. 8.0.1.1. DELI COMPUTER HOLDINGS. L.P. 21.111 ACRES D O . 98 rILL1AMSON COUNTY FOR R0 O.M. OEOICATIONN 007. ROADWAY 1 *006 S CONFLICTS MITN J 1.68 4 7 1 ACHE 0O. 41[57912 l DOG. . 1.0. 120 DOC. 7708798 F LOUIS HENNA BLVD IC1 1701 1921 810TH Y04RR1[ C.T. S :.... 4174.17'[1'6 0. 41.47 PARCEL PLAT 801 PARCEL 01 PART 1 6 87 PART 2 COUNTYt 81LLIMKON (101820101 DELL COLWUTER 7107.017462. L.P. tl 9URVCON INC. a PROFESS{ONAL SURVEYORS ° m 5316 HWY. 290 WEST. SUITE 180 o AUSTIN. TEXAS 18101 .1 TELEPHONE 1712, 8998282. FAX 15721 899 M 6 EMAIL: GUStlnlsur000n.cOm KALE: 1 - 100' 1 .108 n: 417 -658 ATE: MAR 2000 .8. m: MO 45 H N - i RAHN 8Y: TC CAD FILE545PAR-87 SHEET 7 OF 8 H H O U y W b Ll O NECKED 01": WJM 1010[1 LLC[AD • Awe 2100? 01S55 0:50 40 C04C*KT[ • our 40001 5045 015A 444 000050K • 50? '11 IRON 000 •/TitOT YYR. CY 00,0 'R 1104 .03 Y MCAS *5000.455 440T[s 00.00 r' • • 00440?[ .0000*( • CAL0A.A1[0 0044T • 0R0*074 L44t 1.00 t - 903CLUE 000070ING PLAT OF • Y ?lt ITT r¢[ LOT 1. BOAROIALE 2 SUB.. 90ARDR1 SUS. SECTION 2 CAB. N. 5L. 130 0.0,0.9. RECORDERS MEMORANDUM All or pam of the tat on this page was not dearly kglk for satisfactory leeordtion St2•%'z2Y. two EXISTING R.O.R. w b' DELL CENTER LOT 1 SUS. 008.9. 5L. 20 R.C.P.R. DELL COMPUTER HOLDINGS. L.P. OOC. 89505798 O.R.0.C.T. PROPOSED R.O. R. RESERVED FO1 FLIMME R.O.R. OF STATE NIONRAT 45 CAB. N. 51. 29 R.C.P.R. 11LL1AMSCN COMM FOR 000000! PURPOSES CALLED 5.091 ACRES DOC. 717300 O.R. R.C.T. DELL CENTER LOT 2 5110. CAB. N. 5L. 236 1.0.5.5 sm.. 51447.42 L2. .31. 87 PART 2 R STA. 597+¢7.sz LT. 257.40' 4s5r04 1ST.. 990.81.10 :1 11. 005.75• A} ASA THOMAS SURVEY. A -809 3 ' Description: Williamson,TR Document - Year.DocID 2002.99980 Page: 11 of 22 Order. dell Comment: ste•s4'sz•s 5.74.45 PARCEL PLAT FOR PARCEL 87 PART 1 6 01 PART 2 COUNTY: 1ILLIAMSON GRANTOR: DELL C00FUTER HOLDINGS. L.P. SURVCON INC. PROFESSIONAL SURVEYORS 5776 NV/. 290 PEST. SUITE 480 AUSTIN. TEXAS 76701 TELEPHONE 75121 896 -6202. FAX 05121 899 - 9790 EMAIL: ouetInSekrVCCn. 0pn SCALE: 1' .. 50' DATE: MAR 2000 ORA0N 07: TC CHECKED 0T: 1JM 400 44 417 450 F.B. es RIM 45 CAD FILE :S45PAN- 87 -PT -2 SHEET 8 OF 6 CASE NUMBER LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF POLICY POLICY NUMBER 2000 RR 211754 -0 (221) /cu 12/17/2002 0211754 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay goats, 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): CABINET OFFICIALSR ECCORDSS,, TWI'LLIAMSON2COUNTYY,,T RECORDS; AND VOLUME 1450, TEXAS. BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE COLOR RELIGION, SEX BH IAMILIALNSTATUS, OR NATIONAL ORIGIN. BG041 OF SCHEDULE B IS 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 no 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 2003 , 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 roperty under Section 11.13, TEXAS TAX CODE, or because of improvements not assessed for a previous tax year. 6. The followin matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): RIGHTS OF PARTIES IN POSSESSION. 7. THIS PROPERTY IS LOCATED WITHIN SOUTHEAST WILLIAMSON COUNTY ROAD DISTRICT #1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A DISTRICT. 8. AN EASEMENT 15 FEET IN WIDTH IS RESERVED ALONG THE SOUTHERLY LOT LINE FOR PUBLIC UTILITIES, AS SHOWN ON PLAT. 9. AN EASEMENT 10 FEET IN WIDTH IS RESERVED ALONG THE WESTERLY LOT LINE FOR ( CONT. ON SCH. 8, PAGE 2 ) Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule 13 And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY 2000 RR 211754 -D (221) /cu 12/17/2002 SCHEDULE 8 PUBLIC UTILITIES, AS SHOWN ON PLAT. (TRACT 1) ( CONT. ON SCH. B, PAGE 3 ) POLICY NUMBER 0211754 10. A MEMORANDUM OF GROUND LEASE AGREEMENT DATED APRIL 25 1997, EXECUTED BY AND BETWEEN DELL COMPUTER HOLDINGS L. P A TEXAS LIMITED PARTNERSHIP AND RUSTEE; STREET OFFICIAL IC RECORDS, CONNECTICUT ASSOCIATION, DOCUMENT #2003078294, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. 11. A MEMORANDUM OF LEASE AGREEMENT DATED APRIL 25 1997 EXECUTED BY AND BETWEEN STATE STREET BANK & TRUST COMPANY OF CONNECTICUT NATIONAL ASSOCIATION, AS TRUSTEE AND DELL USA L. P. A TEXAS LIMITED PARTNERSHIP, RECORDED AS DOCUMENT PUBLIC RECORDS, *ILLIAMSON COUNTY, T E EXAS. SAID LEASE HAVING BEEN TRANSFERRED TO DELL USA L.P. BY INSTRUMENT DATED AI G USTM11 , 20 0 0 3 RECORDED AS DOCUMENT #2003079209, OFFICIAL PUBLIC RECORDS, 12. A MEMORANDUM OF GROUND LEASE AGREEMENT EXECUTED BY AND BETWEEN DELL COMPUTER HOLDINGS L. P. A TEXAS LIMITED PARTNERSHIP AND STATE STREET OF R #991 OFFIC AL COUNTY, 13. AN EASEMENT DATED FEBRUARY 2, 2000, GRANTED TO THE CITY OF ROUND ROCK, TEXAS BY DELL COMPUTER HOLDINGS L. P. A TEXAS LIMITED PARTNERSHIP RECORDED AS DOCUMENT #200000735 OFFICIAL PUBLIC RECORDS WILLIAMSON CO TEEASIN) (EASEMENT FOR WASTEWATER LINE, TOGETHER WITH ALL RIGHTS 14. AN EASEMENT DATED JULY 31 1986 GRANTED TO THE CITY OF ROUND ROCK BY BOARDWALD JOINT VENTURE RECORDED IN VOLUME 1422 PAGE 425 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS AND AS SHOWN 6N PLAT RECORDED IN CABINET DRAINAGE, WITH R ALL RIGHTS THEREINN))S (EASEMENT FOR 15. AN EASEMENT DATED APRIL 24, 1941, GRANTED TO TEXAS POWER & LIGHT COMPANY BY 308, CARL STROUD PAGE D DEED PAULINA STEXAS. RECORDED L3ME FOR ELECTRIC LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 16. AN EASEMENT DATED NOVEMBER 1 1948, GRANTED TO TEXAS POWER & LIGHT COMPANY BY CARL B. STROUD AND WIFE JULIA PAULINE STROUD, RECORDED IN VOLU 355, PAGE 1, DEED RECORDS, WILLI VOLUME 355, COUNTY, TEXAS. (EASEMENT FOR ELECTRIC LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 17. AN EASEMENT DATED JUNE 1 1951, GRANTED TO TEXAS POWER & LIGHT COMPANY BY C. 8. STROUD AND WIFE, JULIA P. WHITE STROUD, RECORDED IN VOLUME 372, PAGE Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY NUMBER POLICY 2000 RR 211754 -D (221) /cu 12/17/2002 0211754 SCHEDULE B 6OGEDEED RECO RIGHTS , RECITED TEXAS. ( EASEMENT FOR ELECTRIC LINES, 18. AN EASEMENT DATED FEBRUARY 6 1958 GRANTED TO TEXAS POWER & LIGHT COMPANY BY CARL B. STROUD AND WIFE 'JULIA PAULINE STROUD, RECORDED IN VOLUME 422 LINES26TOGETHERRWITHDALLWRIGHTSSRECITEDTTHEREIN) (EASEMENT FOR ELfiCTRI� 19. AN EASEMENT DATED MARCH 3, 1960, GRANTED TO TEXAS POWER & LIGHT COMPANY BY DEED RECORDS, WILLIAMSON COUNTY, STROUD, RECORDED (EASEMENT FOR NL ELECTRIC LINES, TOGETHER WITH ALL RIGHTS RECITE THEREIN) 20. AN EASEMENT DATED JULY 17 1984 GRANTED TO TEXAS POWER & LIGHT COMPANY BY OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS. (EASEMENT TOGETHER WITH ALL RIGHTS RECITED THEREIN) 21. AN EASEMENT DATED OCTOBER 2 1999, GRANTED TO THE CITY OF ROUND ROCK TEXAS BY TEXAS AMERICAN BANK /FORT /FORTWORTH N. A., RECORDED IN VOLUME 1829 i RIGHTS RECITEEDTTHEREINS. (EASEMENT FOR PUBLIC 22. AN EASEMENT DATED NOVEMBER 5 1971 GRANTED TO MANVILLE WATER SUPPLY AND SN DOCUMENT OFFICIAL RECORD, WILLIAMSON TEXAS. (EASEMENT FOR PIPELINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 23. AN EASEMENT DATED NOVEMBER 22 1978 GRANTED TO TEXAS POWER & LIGHT COMPANY 80 BILLY AND 2, DEEDRECOR S JANET LLIAMSON CCOUNTY GLENN, (EASEMENT FOR ELECTRIC LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 24. AN EASEMENT DATED JULY 23, 1976, GRANTED TO MANVILLE WATER SUPPLY CORPORATION BY BILLY WRAY GLENN AND WIFE JANET GLENN, RECORDED IN VOLUME 642, PAGE TOGETHER WILLIAMSON COUNTY, TEXAS. FOR 25. R.O.W. DEDICATION CONFLICTS WITH DOCUMENT *9633512 AND DOCUMENT #9503798 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, AS SHOWN ON SURVEY BY JAY DEAN CANINE, DATED JULY 18, 2000. 26. 1- PF RESOLUTION NO. R-00-11-21-10C4, RECORDED ON JANUARY 14, 2002, AS DOCUMENT *2002003709, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUTY, TXAS. ( CONT. ON SCH. B, PAGE 4 ) Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY 2000 RR 211754 -D (221) /cu 12/17/2002 SCHEDULE B POLICY NUMBER 0211754 27. SECTION 14 OF THE CONDITIONS AND STIPULATIONS OF THIS POLICY IS HEREBY DELETED. 28. CONTROLLED ACCESS FACILITY (LIMITED ACCESS) DATED DECEMBER 4 2002 RECORDED ON DECEMBERCO7 002 AS DOCUMENT #2002099980, OFFICIAL PUBLIC 29. THE FOLLOWING ABSTRACT OF JUDGMENTS FEDERAL TAX LIENS ANp /OR STATE TAX LIENS APPEAR OF RECORD AGAINST THE PERSON OF RECORD WITH NAMES SIMILAR: DOCUMENT #9916731, AND DOCUMENT #9927371, OPFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached (0) 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, Of (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (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 00110/04 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 of: (i) the Amount of Insurance stated in Schedule A; (1) 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 fumish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent or the value of the insured estate or interest or the lull 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 of Policy bears to the total value of me insured estate or interest at Date of Policy; or (li) where a subsequent improvement has been made. as 10 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' fees 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' fees 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 Ions 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 of 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 detect, lien or encumbrance, or cures the lack of a right of access to or from the lard, 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 lento. 11. LIABILITY NONCUMULATIVE. It is expressly understood that me 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 a 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. 8 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 Companys 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 subrogaled to and be entitled to all rights and remedies that the insured claimant would have had against any person or properly in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or seine 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 Company's payment bears to the whole amount of the Toss. 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, it any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights 01 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 St ,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured i5 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 on the dale the demand for arbitration is made or. at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only it the laws of the state in which the land is located permit a court to award attorneys' fees 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 sites of the land shall apply to an arbitration under the Tile 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, if 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 full 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 filed, contact the agent or write to the Company that issued the policy. R 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. Jiuyers1Jt Insurance Crporation TEXAS OWNER'S POLICY OF TITLE INSURANCE (Rev. 04/04/02) ISSUED By la vyerslitleInsurance(orp,oration Ho!. +r. 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 J Insurance Corporation P.O. Box 27567 Richmond, Virginia 23261 -7567 TOLL FREE NUMBER: 1- 800 -446 -7086 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 Dale 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, contractor's, or materialman'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, attomeys' fees and expenses incurred in defense of the tille, 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: �� 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 to (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 governmental 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 al Date of Policy, but not excluding from coverage any taking that has occurred prior to Date 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 in the public records at Date of Policy, but known to the insured claimant and not disclosed in 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 in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, 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, stale insolvency, or other stale 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, (ii) 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 file 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. Texas Owner's Policy T -1 (Rev. 04/04102) Cover Page Form 1178 - 22 Secretary , .. rN S '' —"' F y lr t ~`' y� ZZ ' 4 tr �:'SEALIV By. 4st r1 1925 =° I<Zar EXCLUSIONS FROM COVERAGE ORIGINAL OWNER'S POLICY OF TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION President 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject t0 any rights or defenses 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, distribulees, 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, limited liability company or limited liability partnership resulting from merger or consolidation or conversion or the distribution of the assets of the corporation or limited liability company or limited liability partnership upon partial or complete liquidation; (ii) the successors in interest to a general or limited partnership or limited liability company or limited liability partnership which dissolves but does not terminals; (ili) 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; (0) the successor or substitute trustee(s) of a trustee named in a written trust instrument; or (vi) the successors in interest l0 a trustee or trust resulting from the distribution of all or part of the assets of the trust to the beneficiaries thereof_ (0) '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 land is insured by this policy. (e) 'mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (1) '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 filed in the records of the clerk of the United States 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 the insured of either (1) 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. If 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 11 the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the dosing of the transaction in connection with which this policy was issued, the Company shall spedfically 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 dear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (ii) indemnity the insured as provided in this policy; (iii) upon payment 01 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 (01) undertake a combination of (1) 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 matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable 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 fees, costs or expenses incurred by the insured in the defense of those causes of action that allege matters not insured against by this policy. (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 approprate action under the terns of this policy, whether or not 11 shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If Inc Company shall exercise its rights under this paragraph, 11 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. (d) 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, at 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 reasonable aid (i) in any action or proceeding. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in 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 after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by Inc 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 state, 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 times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a dale before or after Date of Policy. which reasonably pertain to the loss or damage. Further, it 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 Irom 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' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate. including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered 10 the Company for cancellation. CONTROL NUMBER 811-0115584, continued on next page of cover sheet , 0213340 L 491 $ * ** *144,790.00 $* *1,196.00 1000 CASE NUMBER 2000 RR 213340 -C (221) /CU LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF POLICY 12/17/2002 SCHEDULE A 1. Name of Insured: THE CITY OF ROUND ROCK, TEXAS 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: THE CITY OF ROUND ROCK, TEXAS 4. The land referred to in this policy is described as follows: BEING 1.662 ACRES MORE OR LESS, (72 395 SQUARE FEET) OF LAND LOCATED IN TRACT S BEING M A PO ON NNbb CERTAIN 0 41. 10WACRE IHEA GENERAL WARRANTY DEED TO DELL COMPUTER HOLDINGS L.P. AND RECORDED UNDER DOCUMENT MORE PARTICULARLY 9606843 OFFICIAL METE IN COUNTY, "A" TEXAS, BEING ATTACHED HERETO AND MADE A PART HEREOF. Countersigned AMOUNT OF INSURANCE $ * ** *144,790.00 AUSTIN TIT COMPANY POLICY NUMBER 0213340 Au Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule B Schedule A And Cover Page Are Attached County: Williamson Parcel No.: 143 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 C5J: EXHIBIT A FIELD NOTE DESCRIPTION FOR PARCEL 143 Page 1 of 3 April 18, 2000 DESCRIPTION OF A 1.662 ACRE (72,395 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609 114 WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING A PORTION OF THAT CERTAIN 41.10 ACRE TRACT CONVEYED IN THE GENERAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AND RECORDED IN DOCUMENT NO. 9606843, OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS SAID 1.662 ACRE (72,395 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found in the east line of the said Dell 41.10 acre tract, same being in the west line of Lot 2, Block A of Stonehaven, a subdivision of record in Cabinet R, Slide 156, Plat Records of Williamson County, Texas; THENCE with said common line S 03° 12' 32" W, a distance of 1171.60 feet to a 1/2 -inch iron rod found with plastic cap for the southwest comer of said Lot 2, Block A, saute being in the north right -of -way (ROW) line of State Highway 45 (a variable width ROW) as dedicated to the State of Texas in Volume 1544, Page 20, Official Records Williamson County, Texas; THENCE continuing with the east line of said Dell Tract, same being a west line of said ROW, S 03° 11' 53" W, a distance of 22.02 feet to a 112 -inch iron rod with a Texas Department of Transportation ( TxDOT) aluminum cap set for the POINT OF BEGINNING in the proposed north ROW line of said State Highway 45, same being the northeast comer oldie tract described herein, and being 233.38 feet left of survey Baseline Station 615 +19.46; 1) THENCE with the east line of said Dell Tract, same being the west ROW line of State Highway 45 S 03° 11' 53" W, a distance of 128.06 feet to a l/2 -inch iron rod found in the north ROW line of Louis Henna Boulevard (a varying width ROW), same being the southeast corner of said 41.10 acre Dell tract; 2) THENCE with said north ROW line. same being the south line of said 41.10 acre Dell tract, S 73° 07' 47" W, a distance of 637.35 feet to a 112 -inch iron rod found for the southeast corner of lot 1 Block A, Dell East Campus Subdivision, Section One, a subdivision of record in Cabinet Q, Slide 175, Plat Records, Williamson County, Texas, and conveyed in the Special Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document No. 9633512 of the Official Records Williamson County, Texas; 3) THENCE with the east line of said Lot 1 N 16° 51' 55" W, a distance of 100.00 feet to a I/2 -inch iron rod with TxDOT aluminum cap set in the proposed north ROW line of said State Highway 45, same being in the west line of said Dell 41.10 acre tract, being 226.56 feet left of survey Baseline Station 608 +30.97; FN 1754 Description: Williamson,TR Document- Year.DocZD 2002.99982 Page: 4 of 7 Order: dell Comment: 20081.20 4) THENCE leaving said common line and crossing said Dell Tract with the proposed north ROW line of said State Highway 45 N 71° 25' 28' E, at 662.29 feet pass a TxDOT Type II Concrete monument set being 233.47 feet left of Survey Baseline Station 615 +00.00, in all a total distance of 681.58 feet to the POINT OF BEGINNING and containing 1.662 acres (72,395 square feet) of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS } } } SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: That J, John 5 Brautigam, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 19 day of April, 2000. FN1754 Description: Williamson,TX Document- Year.DOCID 2002.99982 Page: 5 of 7 Order: dell Comment: Page 2 of 3 April 18, 2000 Jo E Brauti Re ' ssional Land Surveyor N•.5057 -S of Texas 20081 -20 I WILLIAMSON COUNTY. TEXAS SCALE I SCALE 4 ®P N • RECORI' ..tS MEMORANDUM All or pail of the text on this page wee not clearly legible for satisfactory recordation. ASA THOMAS SURVEY A -609 LOT 1 BLOCK A DELL COMPUTER HOLDINGS, L.P. DOC. No. 9633512 O.R.W.C.Tx. j DELL EAST CAMPUS SUBDIVISION SECTION ONE I CABINET 0. SLIDES 175-177 . DETAIL A - "" SURVEY BASELINE r cUA % ART W/ Pr 5/0 VE 509.79.1$ DATA r PLASTIC CA I A •1p150915d089 f ' \ E • • .139956 n D •0'15 1NO3• 22.02' 1 �.E� J L • 16.79.77 • r • 824.4r 998 A • . 2 72'4 9' C8 • N - 4 - 19 5 '[ _.---r• _.---r• i I PT 11,7 $ i5 I f I I 1 1 1 1 I I 1 I 1 - - --- i -- 3 P.R.W,C.Tx, I DELL COMPUTER HOLDING CALLED 41.10 IACR DOC. No. 96084 O.R.W.C.T' PROPOSED • -RS . 2 3 8. L .: 2 319' L T � .D 2 10 - �.._ -^i1 �'' �`•' t� .... l - 1 S :." 1 .. ,. ; �' _ � G7.y E l' T ]9 co 4 ��C O aU EXISTING R.O.W. LINE 573 0 TM ' � ^ APPROXIMATE LOCATION OF SURVEY LINE -- —V--J« 1 STATE HIGHWAY 45 LOUIS HENNA BLVD. EXISTING E — wlm>i R.OVd ...— . ____ - - -- ,.,;, RIO LINE — 60 J .. NOTES B8ARINGS AND COORDINATES �Pl ON +SHE t 1 E MU6yr4VN HUNT TEx95 STATE PLANE COORDINATE SYSTEM, RAO 83. SURVEY U rRV G 1 A—' J 4 CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON. RPLS. SURVCON, INC. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TxDoT AERIAL SURVEY DIGITAL FILES. THERE MAY BE ADDITIONAL UNDERGROUND, OR OTHER. IMPROVEMENTS NOT SHOWN. DETAILS ARE NOT DRAWN TO SCALE. 1 HEREBY CERTIFY THAT 7415 SURVEY WAS MADE ON THE GROUND UNDER Y DIRECTION AND SUPERVISION AND THAT THI PLAT IS 7 ANC CORRECT TO THE BEST OF MY KNPI EDGE - 3 BELIEF JO REG NO. E 8R AM TERED 'l•FESSIONAL LAND SURVEYOR 057, 5T OF TEXAS SAM c00 ISM 01900 RR HOMESTEAD 111 APARTMENTS. LTD. DOC. No. 9912719 LOT 2 BOCK A FINAL PLAT OF ETONEHAVEN CABINET R, SLIDE 1 156-, , . . 712 ��4P4T -7r� yJ 1271.25'28 "£ 68138' ✓ DETAM A RA P0P12 a 9EEPPRN0 . a PONT a COMIENL40 pop PMT a mamma 1 P 02 TANGENCY in NON 1 ..92127 DUNE Of IRON 900/09770 w PON PPE 209.20 9.0.2. PUBLIC UTILITY EASENEN0 0.•3.1.27. 0290A PEAK RECORp5 *ILIAN5014 CUMTT. 12045 04.02.7., af002. RECORDS O0LLM509 COUNTY, TEXAS RAT RECORDS WIA1.50N C01NTY. TEXAS 03.0.[.9.. DEED RECORDS w9LW150N COUNTY, TE0AS EMS Comm T,Nn Ny•0r.4o. RIG`' = OF—WAY PLAT AMAIN.* 0004 a" SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P. Description: Williamson,TX Document- Year.000ID 2002.99982 Page: 6 of 7 Order: dell Comment: P.O.C. LEGEND • TYPE I CONCRETE YONU/ENT 20290 • TYPE E CONCRETE MONUMENT f0U/D • TYPE (CONCRETE MONUMENT SET • Vf PPE 201.) UAESS NOTED O Ye Pm. 000 SET wr MOT C •P UNLESS wow • Ye' ROII 1100 route Uamm5 NOTED • aD D NN. SET 10ESS Norm • SO 0 NAL COLM UNLESS NOTE0 • E*91LATE0 PMT t PROPERTY LINE " l CENTER LNE 1 RECORD 9fORMAi19 PACE 3 OF 3 REF. FIELD NOTE 120.1754 PARCEL 143 CASE NUMBER LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF POLICY POLICY NUMBER 2000 RR 213340 -C (221) /CU 12/17/2002 0213340 SCHEDULE B This policy does not insure against 1 ss 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 itgmized below (the Company must either insert specific recording data or delete this exception): ITEM 1 OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY. 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 o entities, a. to tidelands, or lands comprising the shores or beds of navigable or b. t erennial rivers and streams lakes, bays, gulfs or oceans, or o to beyond the line of the harbor or bulkhead lines as established or fha�nged by any government, or c. to tilled -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 2003 , 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 PARTIES IN POSSESSION. 7. ANY VISIBLE ANDJOR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT PROPERTY, THE EXXISTENCE OF WHICH DOES NOT APPEAR OF RECORD. 8. AN EASEMENT DATED NOVEMBER 5 1971 GRANTED TO MANVILLE WATER SUPPLY CORPORATION BY BILLY GLENN, RECORDED IN VOLUME 581 PAGE 706 DEED RECORDS, WILLIAMSON COUNTY TEXAS. (EASEMENT FOR WATER PIPELINE, OGETHER WITH ALL RIGHTS RECITED THEREIN); AS AMENDED BY AMENDMENT TO RIHT -OF -WAY, DATED MANVNVILLE CCO AND RECORDED ENN AND UNDER DOCUMENT NO. OFFICIA RECORDS, WILLIAMSON COUNTY, TEXAS. 9. ACCESS EASEMENT 40 FEET IN WIDTH AS RESERVED IN DEED, DATED JULY 23, 1976, ( CONT. ON SCH. B, PAGE 2 ) Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY NUMBER POLICY 2000 RR 213340 -C (221) /CU 12/17/2002 0213340 SCHEDULE B EXECUTED BY BILLY WRAY GLENN AND WIFE JANET GLEEN TO MANVILLE WATER SUPPLY CORPORATION RECORDED IN VOLUME 642, PAGE 600, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. 10. AN EASEMENT DATED NOVEMBER 22 1976 GRANTED TO TEXAS POWER & LIGHT COMPANY BY BILLY GLENN AND WIFE JANET C. GLENN RECORDED IN VOLUME 705, RE DEED TOGETHER RIGHTS 11. AN LY RECORDED ED PAGE H 854, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR DRAINAGE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 12. THIS PROPERTY IS LOCATED WITHIN BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A DISTRICT. 13. R- 00- i1-211- 10C4, JANUARY 14, 200 CERTAIN AS DOCUMENT #2002003709, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. 14. TERMS CONDITIONS AND STIPULATIONS OF THAT CERTAIN RESOLUTION NO. R- 00- f1- 21 -1005, RECORDED ON JUNE 5, 2002 AS DOCUMENT #2002042746, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. 15. AL THE OIL GAS AND OTHER MINERALS ON, IN UNDER OR THAT MAY BE PRODUCED FROM THE SUBJECT PROPERTY ARE EXCEPTED HEREFROM IN INSTRUMENT RECORDED IN ( PANT # FFIICIIL)PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTEREST(S) NOT EXAMINED SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT. 16. CONTROLLED ACCESS AS SET OUT IN DONATION DEED DATED DECEMBER 4 2002 AND RECORDED AS DOCUMENT #2002099982, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. 17. SECTION 14 OF THE CONDITIONS AND STIPULATIONS OF THIS POLICY IS HEREBY DELETED. 18. THE FOLLOWING ABSTRACT OF JUDGMENTS FEDERAL TAX LIENS AND OR STATE TAX LIENS APPEAR OF RECORD AGAINST THE PERSON OF RECORD WITH S SIMILAR: DOCUMENT #9916731, AND DOCUMENT #9927371, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached (b) To Pay or Otherwise Settle With Parties Other than the Insured or With Me 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' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (0), 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 of: (i) the Amount of Insurance stated in Schedule A; (V) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject t0 the detect, 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 of these Conditions and Stipulations. (b) In the even) the Amount of Insurance stated in Schedule A at the Date of Policy is less than BO percent on the value Of the insured estate or interest or the full consideration paid for the land, whichever is less, or 0 subsequent to the Date of Policy an improvement is erected an 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 of Policy bears 10 the total value of the insured estate or interest at Date of Policy; or (0) 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, attomeys' fees and expenses incurred in accordance with Section 4 01 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 it 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 of 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 detect, 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 lento. 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 produdng 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. If requested by the Company, the insured claimant shall transfer to Me 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. II 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 Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as staled above, that act shall not void This policy, but the Company, in that event, shall be required to pay only that pad of any losses insured against by this policy that shall exceed the amount, it any, lost to the Company by reason oI 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 indemnifies, 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 thi5 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 oI 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 01,000,000 or les5 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 on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the Indies. The award may include attorneys' tees only 1 the laws of the state in which the land is located permit a court to award attorneys' fees 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, if 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 full 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 filed, 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 787149091, 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. awyers itle Insurance Crp ora t ion TEXAS OWNER'S POLICY OF TITLE INSURANCE (Rev. 04 /04/02) ISSUED By Iawyersli'deInsurance exporolon Home OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235 -5153 There is no recurring premium. 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. 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 Iuyers Insurance Crp,Oration P.O. Box 27567 Richmond, Virginia 23261 -7587 TOLL FREE NUMBER: 1- 800 -446 -7086 ISSUED BY lawyers'IitleInsurance @}-p oration 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 Dale 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 slated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or materialman'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 ifs duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: Texas Owner's Policy T -1 (Rev. 04/04/02) Cover Page Form 1178 -22 Secretary EXCLUSIONS FROM COVERAGE ORIGINAL 0.064 OJ d D • 137 acd OWNER'S POLICY OF TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION Presiden 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 to (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 governmental 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 Dale 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 al Date of Policy, but not excluding from coverage any taking that has occurred prior to Date 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 in the public records at Date of Policy, but known to the insured claimant and not disclosed in 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 in loss or damage That would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, 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, (ii) the subordination or recharacterization 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 file 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 defenses 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, distributees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors. and spedfically, without limitation, the following: (i) the successors in interest to a corporation. limited liability company or limited liability partnership resulting from merger or consolidation or conversion or the distribution of the assets of the corporation or limited liability company or limited liability partnership upon partial or complete liquidation; (ii) the successors in interest to a general or limited partnership or limited liability company or limited liability 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 of 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 land 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 properly 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 filed in the records of the clerk of the United States district court for the district in which the land is located, (9) "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 the 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. If 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 M 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; (ii) 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 tille insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan; (iv) indemnity another title insurance company in connection win 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 (01) 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 matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable 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. (9) 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 the 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. (d) 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, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Companys expense, shall give the company all reasonable aid (i) in any action or proceeding. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding. or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable 10 establish the title to the estate or interest as insured. II me Company is prejudiced by the failure of the insured to furnish the required cooperation, the Companys obligations 10 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. 6. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be 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 Mss or damage and Shall state, 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 Companys obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any 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 01 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 mis 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' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including ahy liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation, CONTROL NUMBER 811-0115581 continued on next page of cover sheet 0211811 L 491 $ * * ** *22,224.00 $ * ** *348.00 1000 CASE NUMBER 2000 RR 211811 -R (221) /CU LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF AMOUNT OF POLICY INSURANCE POLICY NUMBER 12/17/2002 $ * * ** *22,224.00 0211811 SCHEDULE A 1. Name of Insured: THE CITY OF ROUND ROCK, TEXAS 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: THE CITY OF ROUND ROCK, TEXAS 4. The land referred to in this policy is described as follows: TRACT 2: PART 1: 0.068 OF AN ACRE OF LAND, MORE OR LESS BEING A PORTION OF LOT 1 BLOCK A FINAL PLAT OF DELL EAST CAMPUS SUBDIVISION SECTION ONE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET Q SLIDE 175 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS. SAID 0.068 6F AN ACRE '�'0 BE MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. PART 2: 0.187 OF AN ACRE OF LAND MORE OR LESS BEING A PORTION OF LOT 1 BLOCK A, MAP IN _ o0N SECTION NE, OF THE W ILLIAMSON COUNTY, TEXAS. SAID 0.187 OF AN ACRE TO BE MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED HERETO. AUSTIN VILE COMPANY 411 B Countersi• - =+ /w" Aut Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule B Schedule A And Cover Page Are Attached County: Williamson Parcel No.: 140 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: PART 1 EXHIBIT A FIELD NOTE DESCRIPTION FOR PARCEL 140 Description: Williameon,TX Document- Year.DoeID 2002.99981 Page: 4 of 9 Order: dell Comment: Page 1 of 5 June 13. _000 DESCRIPTION OF A 0.068 ACRE (2946 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A ". DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABMET Q, SLIDE 175-177 OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED M THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS. L.P. AS RECORDED IN DOCUMENT NO. 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS. SAID 0.068 ACRE (2946 SQUARE FEET) TRACT. AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation ( TxDOT) Type 1I concrete monument set in the existing east right-of- -way (ROW) line of Greenlawn Boulevard (a varying width ROW), same being the west line of said Lot 1, Block "A ", same being the north corner of the tract described herein, from which a calculated point in said common line for a point of curvature, bears with the are of a curve to the left a distance of 141.13 feet through a central angle of or 03' 47', having a radius of 1144.85 feet, and whose chord bears N 26° 45' 04" W. a distance of 141.04 feet and being 487.22 feet left of Survey Base Station 598+34.17; THENCE leaving said common line and crossing said Lot 1. Block 'A" with the proposed eau ROW line of said Greenlawn Boulevard for the following three (3) courses and distances numbered 1, 2, and 3: 1) S 27° 19' 51" E, a distance of 148.19 feet to a TxDOT Type 11 concrete monument set, being 342.34 feet left of Survey Baseline Station 598 +65.31, 2) 5 16° 52' 13' E. a distance of 86.38 feet to a TxDOT Type 11 concrete monument set, being 256.00 feet left of Survey Baseline Station 598 +67.82, and 3) 5 61° 52' 16" E. a distance of 43.35 feet to a TxDOT Type 11 concrete monument set, in the north line of a called 2.095 acre tract of land conveyed in the Special Warranty Deed to Williamson County as recorded in Document No. 9716131 of the Official Records Williamson County, Texas, for the south corner of the tract described herein, being 226.25 feet left of Survey Baseline Station 598 +99.35, from which a TxDOT Type 11 concrete monument set bears S 84° 16' 56" E, a distance of 35.41 feet: THENCE leaving said proposed east ROW line and crossing Lot 1, Block A the following two (2) courses and distances numbered 4 through 5: 4) N 84°16' 56" W, a distance of 29.54 feet to a calculated point. 5) 14 39° 02' 56' W, a distance of 61.51 feet to a calculated point. in the east ROW line of Greenlawn Boulevard, (varying width ROW), same being the west line of said Lot 1, Block 'A", FN 1764R 20081 -20 Page 2 of 5 June 13. 2000 THENCE with said common line the following two (2) courses and distances numbered 6 through 7: 6) N 16° 52' 52" W. a distance of 67.95 feet to a calculated point of curvature, and 7) with the arc of a partial curve to the left a distance of 126.70 feet through a central angle of 06° 20' 27". having a radius of 1144.85, and whose chord bears N 20° 02' 59" W, a distance 01 126.64 feet to the POINT OF BEGINNING and containing 0.068 acre (2946 square feet) of land, more or Tess. PART 2 DESCRIPTION OF A 0.187 ACRE (8166 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY. ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1. BLOCK A, DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET Q, SLIDE 175 -177, OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AS RECORDED IN DOCUMENT NO. 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS. SAID 0.187 ACRE TRACT (8166 SQUARE FEET) AS SHOWN ON A RIGHT- OF•WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/2 -inch iron rod with a TxDOT aluminum cap set in the west line of a called 41.10 acre tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. as recorded in Document No. 9606843 of the Official Records Williamson County, Texas, same being the east line of said Lot 1, Block "A ", same being in the proposed north ROW line of State Highway 45, (a varying width ROW) also being the northeast corner of the tract described herein, and being 226.56 feet left of Survey Baseline Station 608 +30.97, from which a calculated point bears N 16° 51' 55" W, a distance 01 350.00 feet; 1) THENCE with said common line S 16° 51' 55' E, a distance of 100.00 feet to a I/2 -inch iron rod found for the southeast comer of said Lot 1, Block "A ", same being in the existing north ROW lint of said Louis Henna Boulevard, also being the southeast corner of the tract described herein; 2) THENCE leaving said common tine and with said existing north ROW lice S 73° 07' 47" W. a distance of 45.70 feet to a calculated point for the southeast comer of said 2.095 acre tract, same being a southwest comer of said Lot I, Block "A ", also being the southwest corner of the tract described herein, from which a 1/2-inch iron rod found bears S 73° 07' 47" W, a distance of 903.68 feet; THENCE leaving said existing north ROW line and with the east and north lines of said 2.095 acre tract for the following five (5) courses and distances cumbered 3 through 7: 3) N 16° 07' 54" W, a distance of 8432 feet to a calculated point for the northeast corner of said 2.095 acre tract, same being an interior comer of said Lot 1, Block "A ", also being an interior corner of the tract described herein, 4) S 75° 20' 31" W, a distance of 180.06 feet to a calculated point. 5) S 75° 01' 25" W, a distance of 100.02 feet to a calculated point. 6) S 74° 31' 08" W, a distance of 150.01 feet to a calculated point, and FN 1764R 20081 -20 Description: Williamson,TX Docrment- Year.DocXD 2002.99981 Page: 5 of 9 Order: dell Comment: 7) S 73° 33' 48" W. a distance of 236.62 feet to a calculated point being 21178 feet left of Survey Baseline Station 601 +12.921 8) THENCE leaving said north line. and crossing said Lot I. Block "A" with the proposed north ROW line of said S.H. 45 N 73° 07' 46" E, a distance of 711.09 feet to the POINT OF BEGINNING and containing 0.187 acre (8166 square feet) of land. more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS } } } SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 FN 1764R KNOW ALL MEN BY THESE PRESENTS: WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15th day of June, 2000. Description: Williamson,TX Doc ment- Year.DOCID 2002.99981 Page: 6 of 9 Drder: dell Comment: Page 3 of 5 June 13. 2000 That 1, Michael R. Hatcher, a Registered Professional Land Surveyor. do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my direction and supervision. Mic R. Hate Reg red Professional Land Surveyor No. 4259 - State of Texas 20081 -20 816' 52'52 "W 516 S61 ° '76 "E 67.95' 86.38' 43.35' . L4 LS 16. 684 16•56"1 N39 02•56"W mac 1656"W 35.42' 6152' 29.54" C1 8. 7" 6•1 1 { t APPROXIMATE LOCATION Of SURVEY LINE STATE HIGHWAY 45 LOUIS HENNA BLVD. ro74a756E z8n3b " .. [V ARIABLE _ . SURVEY BASELINE NOTES: SVRVE 8A5EL :NE a uRVE 770 608- • 01509 E - 3139856.1589 3' • eOr 11Lr0 • 0' 07 L • 1648.17 ✓ . 82o.4r R • 2097829' C8 72 C . 764775' PC Pa 600.55.04 07 57e 4 - 03.75 259 "W EXISTING R.O.W. LINE S_ 0 P 08. 596•34.17 4 67 2017 M..0 f 3U71 719 69343 111/1 MI ComMTI now,. sa iws. 073 M•1111b31Nrd ova s -row MM IKwrol.F7W 04i7MOMEOEE OM 44M676 734 WO 076-l66 7 7ELI4wsoN C00NTT TEXAS SCA 6.07 03'47" r - . .700 • 8- 1144.85' 1 41.13 •: .�� C8- NY6 ^W C•147.04. 4' ASA THOMAS < r! /// • MEMUCAN HUNT SURVEY A -314 BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. HAD 83. CENTRAL ZONE MD ADJUSTED 10 SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 100012. AS PROVIDED BY DOUG ANDERSON. RPLS. SURVCON. 84C. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TXDOT AERMI SURVEY DIGITAL FILES. THERE MAT BE AMNION& UNOERGROUNO. OR OTHER. IMPROVEMENTS NOT SHOWN. DETMLS ARE NOT ORAWN TO SCALE. 141)1 X14.'4. „„ on N 1 P ;;°(OT Description: William.son,TX Document- Year -DocID 2002.99981 Page: 7 of 9 Order: dell Comment: SURVEY A -609 DELL EAST CAMPUS SUBDIVISION SECTION ONE LOT 1BLOCK A CABINET 0, SLIDES 175 -177 P.R.W.C.Tx. DELL COMPUTER HOLDINGS, L.R. 5977•5 L1 DOC. No. 9633512 O.R.W.C.Tx. Q P48 1 2 1294{150. r T . 598-87 02 258.00' 11'-' 3.. .. 924.25' 3 599-32 44 WILLIAMSON COUNTY DEED FOR "PUBLIC ROADWAY, STREET. OR HIGHWAY " CALLED 2.095 ACRES DOC. No. 9716131 O.R.W.C.Tx. EXISTING R.O.W. LINE LEGEND TYR 1 CONGE1E NO7AO[NT r0180 TYPE 5 COMMIE Y3NME01 [ONTO 13PC 1CONCAET3 70.06 4:01 SET W 3.7 FOMO 111155 00179 1'. 11011 400 5E1 1111 3001 CAr 55135 NOTED 1■00 070 role 733155 30110 30 O 4141 SET MESS OPTED CKQLA [0 F0011S1K[55 T01ED PAOKIETT UM CTJITE8 114[ 7 KOMI 33 4T3 ✓ im • 1 P .M P � 33 Y ▪ 0041- Tw4ENT CNOK 7 ON ROD fp o 664- MILL 371117 DMSEiwa Na•.4r. 017•4. rRaC RUMS 037.70500 00■1I9.7(80.5 0/ 4EC4315 •370114500 67011 7114 ▪ 11 •.34. MEMOS ltUM ON E MTY, TECAS •a•s DEED 7ECO6OS •tun460N [03177. 7(70.5 RIGHT -OF -WAY PLAT PAGE 4 OF 5 SHOWING PROPERTY OF REF. FIELD DELL COMPUTER HOLDINGS, L.P. E . 7118NOT031 NO 141076p4:29 T 7 LEGEND • ...PE r CONCREIC N0N KENT ` OVC 0 .766E 0 CONCRETE 6DNWENT 06)0 • TYPE •CONCRETE N0N04N6 SET • A. pet 60100 ULESS NOTED p 4 RON ROO SET M T)0OT CAP UN55 NOTED • A WO. 000 FODU V1E55 NOTED • 60 0 Nat SET UNLESS NOTED • DO 0 NAL Faro V■655 NOTED a CK0.L.IrE0 P001 • C00'00 r LK� I 7 RECORD 000060TTDN • •. PO 76 OF 0001004 Pa . 6077 06 T01046700 POW OF REFERENCE ▪ Pow( OF UTMA 600 • 1'000 OF PA CENCT N. NDN • TGEN1 DAWE N A PION ROD P07R0 re *ON w1'( r00 • o4 am..c WNW. EMEMENI 00470C, 0667[40( PU6LC RECORDS 0L00050. COUNT4. 0(0A3 7.. 06606.. RECORDS OILUNSON COUNTY. 60045 T.. 1.040 .(CORDS 000071. 7ER■ 6000.7.. 0E00 RECORDS WilWrSOR COUNT. FER•S ;I.EC01DI MEMORANDUM MIIA pans of the tat Ark this sno doily legible (OT SiEara••'OEy 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER NY DIRECTION AND SUPERVISION AND THAT THIS PLAT ES TRUE ANO CORRECT TO THE BEST or MT KNOWLEDGE AND : REF. R. NATC R REG1 TERED PROFESSIONAL LAND SURVEYOR NO. 4259. STATE OF TEXAS SAM .ms Cm•N.. 7 01' SL p(4 NNW ORR ATaw P 7710* NTaL ar m 00 170E ARIIEIR+- AFIRRL LTNNCmL5w6 • ODD ODD MD = I ASA THOMAS x SURVEY A -609 !!!1 DELL COMPUTER HOLDINGS, L.P CALLED 41.X0 ACRES DOC. No. 9606843 O.R.W_C.TX. DELL EAST CAMPUS SUBDIVISION SECTION ONE LOT 1BLOCK A CABINET 0, SLIDES 175 -177 - P.R.W.C.Tx. DELL COMPUTER HOLDINGS, L.P. ROC. No 9633512 O.R.W.C.Tx. P ®2 - - v.00. 7 •r .,,,.a. 06166 F7. ..- .a aaa, .n p4• 00.• 77'27`07 ,.: ...�..w N7N . N � N73 "E 71t.09' --- - _..._.. - 126.Sfi LL ra.g151v62.92600 C13730 .017EID . . 574 "W S75' 01'25"W 601•q.92 573 3.348"W 236.62' 150.05' 77_71;40;63 r•W 180.06' _ $ 260.7011 WILLIAMSON COUNTY 475 5D. '^ 6.7 e • DEED FOR "PUBLIC ROADWAY, SD.Dr : a V' STREET, OR HIGHWAY " U CALLED L095 ACRES 77.3- ROC. Nd. 971613t P.O.R. . -- O.R. W. C.1=x. EXISTING R.0.W. CANE . 07x . __ .. - - 45.70• APPROXIMATE LOCATION OF SURVEY LINE 07•47•1 903.66• - 917..27-9174 STATE - 9174 . 27 1 6 .1 d — STATE TE HIGHWAY 45 LOUIS HENNA BLVD. I VRRMIBLE _M'O_1H OAT 100. 02 rort mo 1N76 100.071 SURVEY BASELINE . Description: Williamson,TX Document- Year.DOCID 2002.99981 Page: 8 of 9 Order: dell Comment: •ILLI)YSON COUNTY. TEXAS SCALE r.ro0' 4 SufAvEY D CURVE OI Sr) 50549-45 N • 606509•6.50182 E 3639855/589 e• •T07 O • L • •648.71' r • 82.7 r • �YHCB 6 9•E C •6.7 5• PC Soo 6 62 0 RIGHT- OF-WAY PLAT PACE 5 00 5 SHOWING PROPERTY OF REF. FIELO DELL COMPUTER HOLDINGS. L.P. NOTE N0 PARCEL 140 PAR 2 LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY 2000 RR 211811 -R (221) /CU 12/17/2002 SCHEDULE B RIGHTS OF PARTIES IN POSSESSION. POLICY NUMBER 0211811 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys 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): CABINET Q PAGE 175, PLAT RECORDS; AND VOLUME 1450, PAGE 135, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. SEX, OMITTING OR A L S ORIGIN. BG041 IS HERBY DELETED IN ITS ENTIRETY. 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 tidelaands, or lands comprising the shores or beds of navigable or perennial rivers and : lakes, bays, gulfs or oceans, or b. o 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 2003 , 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.): 7. THIS PROPERTY IS LOCATED WITHIN SOUTHEAST WILLIAMSON COUNTY ROAD DISTRICT #1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A DISTRICT. 8. ANY VISIBLE AND /OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD. 9. AN EASEMENT 15 FEET IN WIDTH IS RESERVED ALONG THE WESTERLY AND SOUTHERLY ( CONT. ON SCH. 8, PAGE 2 ) Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY 2000 RR 211811 -R (221) /CU 12/17/2002 SCHEDULE B LOT LINES FOR PUBLIC UTILITIES, AS SHOWN ON PLAT. POLICY NUMBER 0211811 10. AN EASEMENT 15 FEET IN WIDTH IS RESERVED ACROSS SUBJECT PROPERTY FOR WATERLINE, AS SHOWN ON PLAT. 11. AN EASEMENT 25 FEET IN WIDTH IS RESERVED ACROSS SUBJECT PROPERTY FOR STORM SEWER, AS SHOWN ON PLAT. 12. AN EASEMENT 15 FEET IN WIDTH 2S RESERVED ACROSS SUBJECT PROPERTY FOR WASTEWATER, AS SHOWN ON PLAT. 13. A MEMORANDUM OF GROUND LEASE AGREEMENT DATED APRIL 25 1997, EXECUTED BY BETWEEN AND AND STATESTREET COMPUTER & OF CONNECTICUT TNATI PARTNERSHIP, AND A TRUSTEE; AS DOCUMENT #9729257, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 14. A MEMORANDUM OF LEASE AGREEMENT DATED APRIL 25 1997 EXECUTED BY AND BETWEEN STATE STREET BANK & TRUST COMPANY OF CONNECTICUT NATIONAL ASSOCIATION, AS TRUSTEE AND DELL USA L. P. A TEXAS LIMITED PARTNERSHIP, RECORDED AS DOCUMENT #9729259, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 15. A MEMORANDUM OF GROUND LEASE AGREEMENT EXECUTED BY AND BETWEEN DELL COMPUTER HOLDINGS L. 7 A TEXAS LIMITD PARTNERSHIP AND STATE STREET BANK EDASDOC DOCUMENT #9912977, OFFIC NATIONAL EECOR ASSOCIATION, , AFF TRUSTEE, AFFECTED DOCUMENT #2003078295, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. 16. AN TEXAS DELL L. P. A TEXAS LIMITED OF ARTNERS HIP RECORDED AS DOCUMENT #2000007355 OFFICIAL PUBLIC RECORDS WILLIAMSON COU THEREIN) (EASEMENT FOR WASTEWATER LINE, TOGETHER WITH ALL RIGHTS 17. AN EASEMENT DATED FEBRUARY 3, 1986 GRANTED TO SOUTHWESTERN BELL TELEPHONE COMPANY BY TOPLETZ DEV. CO., RECORDED IN VOLUME 1338 PAGE 544, OFFICIAL RECORDS WIL TEXA (EASEMENT FOR EQUIPMENT STATION, 18. AN EASEMENT DATED APRIL 24, 1941, GRANTED TO TEXAS POWER & LIGHT COMPANY 308, PAGE 152, DEED AND MRS. STEXAS. RECORDED IN R ELECTRIC LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 19. AN EASEMENT DATED NOVEMBER 1, 1948, GRANTED TO TEXAS POWER & LIGHT COMPANY ( CONT. ON SCH. B, PAGE 3 ) Texas Owner's Policy T - (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY NUMBER POLICY 2000 RR 211811 -R (221) /CU 12/17/2002 0211811 SCHEDULE 8 BY CARL B. STROUD AND WIFE JULIA PAULINE STROUD, RECORDED IN VOLUME 355, PAGE 1, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 20. AN EASEMENT DATED JUNE 1 1951, GRANTED TO TEXAS POWER & LIGHT COMPANY BY C. B. STROUD AND WIFE JULIA P. WHITE STROUD, RECORDED IN VOLUME 372 PAGE TOGETHER WITH RIGHTSMRECITED THEREIN' (EASEMENT FOR ELECTRIC LINES, 21. AN EASEMENT DATED FEBRUARY 6 1958 GRANTED TO TEXAS POWER & LIGHT COMPANY PAGE 2 E 69 DEED W S TE X XA$ S . D (EASEMENT N FOR L ELECTRIC LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 22. AN BASEMENT DATED MARCH 3, 1960, GRANTED TO TEXAS POWER & LIGHT COMPANY BY DEED RE CORDS, WILLIAAMSOT CO STROUD, RECORDED VOLUME LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 23. AN EASEMENT DATED JULY 17, 1984 GRANTED TO TEXAS POWER & LIGHT COMPANY BY RECOR WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR TOGETHER WITH ALL RIGHTS RECITED THEREIN) 24. AN EASEMENT DATED OCTOBER 2 1999, GRANTED TO THE CITY OF ROUND ROCK TEXAS BY TEXAS AMERICAN BANK FORT WORTH N. A. RECORDED IN VOLUME 1829 U O TOGETHER R WITH D ALL�RIGHTS S RECIT DTTHEREIN) (EASEMENT FOR PUELIC 25. AN EASEMENT DATED NOVEMBER 5 1971 GRANTED TO MANVILLE WATER SUPPLY CORPORATION BY BILLY GLENN RECORDED IN VOLUME 581, PAGE 706 DEED RECORDS; TEXAS. (EAS EM E NTCFOR PIPELINE, TOGETHER WITH ALL RIGHTS TE S E IRCIDOT COUNTY, 26. AN EASEMENT DATED NOVEMBER 22 1978 GRANTED TO TEXAS POWER & LIGHT PAGE 802, DEED AND L LIAMS O NACOUNTY GLENN, RECORDED VOLUME LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 27. AN EASEMENT DATED JULY 23, 1976, GRANTED TO MANVILLE WATER SUPPLY CORPORATION BY BILLY WRAY GLENN AND WIFE JANET GLENN, RECORDED IN VOLUME I PAGE O INGRESS AND EGRESS, RECORDS, WITH O THALLRIG RECITED T TEXAS. THEREIN) FOR 28. TERMS CONDITIONS AND STIPULATIONS OF THAT CERTAIN RESOLUTION NO. R- 00- 11- 21 -10C4, RECORDED ON JANUARY 14, 2002, AS DOCUMENT #2002003709, ( CONT. ON SCH. 8, PAGE 4 ) Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY INSURANCE CASE CASE NUMBER DATE OF POLICY 2000 RR 211811 -R (221) /CU 12/17/2002 SCHEDULE B OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. POLICY NUMBER 0211811 29. SECTION 14 OF THE CONDITIONS AND STIPULATIONS OF THIS POLICY IS HEREBY DELETED. 30. CONTROLLED ACCESS FACILITY (FULL ACCESS) DATED DECEMBER 4 2002 RECORDED OILDIC BE 2D0 AS DOCUMENT #2002099981, OFFICIAL PUBLIC RECORDS, 31. THE FOLLOWING ABSTRACT OF JUDGMENTS FEDERAL TAX LIENS AND /OR STATE TAX DOCUMMENT # DOCUMENT DCIAGAINST THE OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. Texas Owner's Policy T -1 (Rev. 1- 1- 93)Texas Owner's Valid Only If Schedule A Schedule B And Cover Page Are Attached CONDITIONS AND STIPULATIONS — CONTINUED (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' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the 1o55 or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations 10 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 of: (1) 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 dale the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 of These Conditions and Stipulations. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is Iess than BO percent or the value of the insured estate or interest or the lull consideration paid for the land, whichever is less, or if subsequent to the Date 01 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 staled 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 of 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 01 the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance slated in Schedule A and the amount expended for Inc improvement. The provisions of "this paragraph shall not apply to costs. attorneys' fees 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' fees 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 of 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 01 any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable nor 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 lento. 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 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 subrogaled 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. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order 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. II a payment on account of a claim does not fully cover the loss of the insured claimant, Inc Company shall be subrogafed 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 t0 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 of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the Mowed 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 $1,000,000 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 on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' lees only it the laws of the state in which the land is located permit a court to award attorneys' fees 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, if 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 filed, 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. awyers itle Insur ance o oratio I r1?� �a Ea,U��Mn�h� TEXAS OWNER'S POLICY OF TITLE INSURANCE (Rev. 04/04/02) ISSUED By Ia uyers1itlejnsurance Egporation H0MF OFFICE: 101 Gateway Centre Parkway, Gateway One Rfc,mond, 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 J Insurance @rporation P.O. Box 27567 Richmond, Virginia 23261 -7567 TOLL FREE NUMBER: 1- 800 -446 -7086 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2002003709 26 Fes I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Resolution No. R- 00 -11- 21-10C4 which was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 21St day of November 2000, as recorded in the minutes of the City of Round Rock in Book 44. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this nth day of January 2002. lYY7 CHRISTINE R. MARTINEZ, City Secretary RESOLUTION NO. R -00- 11- 21 -10C4 WHEREAS, in order to prepare for the construction of a portion of State Highway No. 45, it is necessary to obtain the right to possession and use of certain property belonging to Dell Computer Holdings, L..P., and WHEREAS, a Possession and Use Agreement for Transportation Purposes ( "Agreement ") has been prepared which will grant to the City the necessary rights, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Possession and Use Agreement for Transportation Purposes with Dell Computer Holdings, L.P., to grant to the City the necessary rights for the construction a portion of State Highway No. 45, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered K.\ WPDOCS \KE6OLDTI \R01121C4.WPD /sc and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. ATTEST: RESOLVED this 21st day of November, 2000. E LAND, City Secretary 2 RO A. STLUKA, JR', Mayor City of Round Rock, Texas POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS COUNTY OF WILLIAMSON This Possession and Use Agreement ( "Agreement, ") effective the day of November, 2000 between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and Dell Computer Holdings, L.P. (the "Grantor "), grants an irrevocable right to possession and use to the City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose of constructing a portion of State Highway No. 45. The property involved is described more fully in field notes and plat map attached as Exhibits "A," "B," and "C," and made a part of this Agreement by reference (the "Property "). 1. For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt and sufficiency of which is acknowledged, Grantor(s) grant, bargain, sell and convey to the City exclusive possession and use of the Property for the purpose of constructing a highway or turnpike project and appurtenances thereto and the right to remove any improvements. This Agreement will extend to the City, its contractors, assigns and/or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property. The grant herein is subject to the rights of the Grantor and its agents, employees, invitees, and licensees to cross the Property for purposes of accessing existing roadways and driveway cuts. The City and those lawfully permitted on the Property will use all reasonable efforts to construct the roadways in a manner that will grant reasonable access to Grantor's adjacent property and, in any event, will provide for at least one driveway at all times. The City, at its cost, shall provide all necessary temporary signage and traffic control measures. 2. The City or its contractors, agents or assigns will, at their expense replace any parking lot lighting, utilities, parking lot paving, drainage improvements, curbing, or other similar improvements adjacent to the Property that are impacted by the construction contemplated herein. To the extent any parking areas are disturbed, the city will at its cost re -stripe the affected parking area to help minimize the impact of the disturbance. 3. In full consideration for this irrevocable grant of possession and use, the City will tender to the Grantor(s) the sum of One Hundred Dollars ($100.00). The Grantor(s) agrees that this sum represents adequate and full compensation for the possession and use of the Property. The City will be entitled to take possession and use of the Property upon tender of payment. 4. Grantor further warrants that no other person or entity owns an interest in the fee title to the Property. This grant is, however, subject to the rights and interests of those parties holding encumbrances or easements of record as of the date hereof. C: \Wpdoce \ACIrf \SH 45 \ Den. \pose ag.TC_ /e1s 1 5. If the City acquires additional real property from the Grantor or the Grantor's affiliates as part of the same transportation project for which the Property is being acquired, such acquisition of additional property shall not be deemed a second taking. Accordingly, Grantor or Grantor's affiliates shall be entitled to the fair market value of said additional property, but shall not be entitled to any increase in property value to the additional property resulting solely from the influence of the transportation project on the value of the additional property. 6. The purpose of this Agreement is to allow the City to proceed with its construction project without delay. 7. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. Nothing in this reservation will affect the title and rights of the City to take and use all other minerals and materials thereon, and thereunder. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 8. The rights and privileges granted herein by Grantor shall automatically terminate if the City and the Texas Department of Transportation permanently abandon or no longer require use of the Property or fail to commence construction of the contemplated roadway within one (1) year of the date hereof. 9. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current year, and special assessments due at the time the City takes possession of the Property. 10. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal, representatives, successors and assigns of the parties. 11. It is agreed the City will record this document. At such time as the Property is conveyed to the City or its assigns by warranty deed, this document will terminate for all purposes. 12. It is agreed that the City may assign this Agreement to the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas Department of Transportation. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations set forth above. In witness whereof, this instrument is executed on this the ai day of November, 2000. 2 State of Texas County of Williamson CECELIA JO SCRIBNER MY COMMISSION EXPIRES 0ecember 27, 2004 Grantor: Dell Computer Holdings, L.P. Acknowledgments 3 By: Dell G- . Corp. , its gen y . artner By: Name: r) r1 iP 8,1)1 Title: Di rer'fnr Accepted and agreed to by the City this the (91 day of November, 2000. City.o€-' . it • Rock, Te a as Ro 'A Stluka, its Mayor This instrument was acknowledged before me on November /, , 2000 by (',ha r I i e 11 ( , of Dell Gen. P. Corp, general partner of Dell Computer Holdings, L.P. Notary Public in and for the State of Texas My commission expires 1,V aq , 200i signature) (typed name) State of Texas County of Williamson This instrument was acknowledged before me on November , 2000 by Robert A. Stluka, Mayor of the City of Round Rock, Texas. CHRISTINE R. MAVI .cc Mr COMMISSION EXPIRES — I August 5, 2001 J I Notary Public in and for the State of Texas My commission expires 8-6-0 Part 1 EXHIBIT _Ft_ County: Williamson Highway: State Highway 45 Limits: From West of US 183 to FM 685 CSJ: Page I of 8 Pages Property Description for Parcel 87 Part 1 and Part 2 Being a 0.849 acre (36,983 square feet) tract of land situated in the Asa Thomas Survey A -609, Williamson County, Texas and being more particularly described in two parts by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012: Being a 0.755 acre (32,888 square feet) tract of land being a portion of Dell Center Lot 2 Subdivision, as recorded in Cabinet N, Slide 236 of the Williamson County Plat Records (W.C.P.R.) and being a portion of the remainder of a 153.4555 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9633512 of the Official Records of Williamson County, Texas ( O.R.W.C.T.) and a portion of Dell Center Lot 1 Subdivision, as recorded in Cabinet M, Slide 28 W.C.P.R. and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 O.R.W.C.T. Said 0.755 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a' /cinch iron rod found for the northwest comer of said Dell Center Lot 2 Subdivision and the northeast corner of Lot 1 of the Amending Plat of Lot I, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, as recorded in Cabinet M, Slide 138 W.C.P.R.; THENCE, South 15 °09'10" East (S 13 °49'23" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 1,700.89 feet to a Texas Department of Transportation (TxDOT) brass disk in concrete (X= 3,136,326.74, Y= 10,150,227.29) set in the proposed northerly right -of -way line of State Highway 45 at 231.40 feet left of and perpendicular to State Highway 45 Baseline Station 572 +84.94 for the POINT OF BEGINNING of the herein described tract; THENCE, across said Dell Center Lot 2 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following four courses: 1. North 73 °49'26" East, a distance of 193.09 feet to a TxDOT brass disk in concrete set for an angle point; 2. North 74 °49'17" East, a distance of 326.19 feet to a TxDOT brass disk in concrete set for the beginning of a tangent curve to the right; \ \SUAVHOU_NT2\2000_DATA \417658 \M &B's\PAR87pt I &2.doc EXHIBIT Page 2 of 8 Pages 3. An arc distance of 323.45 feet, along said tangent curve to the right, having a Radius of 5,788.00 feet, a Delta Angle of 03 °12'07 ", a Chord Bearing and Distance of North 76 °25'20" East, 323.41 feet to a TxDOT brass disk in concrete set for a point of tangency; 4. North 78 °01'24" East, a distance of 331.51 feet to a TxDOT brass disk in concrete set in the west line of said Dell Center Lot 1 Subdivision for an angle point; 5. THENCE, North 75 °49'58" East, across said Dell Center Lot 1 Subdivision and continuing along the proposed northerly right -of -way line of State Highway 45, a distance of 206.08 feet to a TxDOT brass disk set in concrete for an angle point; 6. THENCE, North 74 °47'56" East, continuing across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of -way line of State Highway 45, a distance of 719.06 feet to a TxDOT brass disk in concrete set at 203.03 feet left of and perpendicular to State Highway 45 Baseline Station 593 +83.58 in the north line of a called 5.891 acre tract conveyed to Williamson County for roadway purposes as recorded in Document No. 9716130 O.R.W.C.T. and the north line of a tract of land reserved for future right -of -way of State Highway 45 as shown on said Dell Center Lot 1 Subdivision and said Dell Center Lot 2 Subdivision; THENCE, along the common line between said 5.891 acre tract and said land reserved for future right -of -way, the following three courses: 7. South 73 °36'22" West (S 74 °52'41" W), a distance of 135.42 feet to a 1/2 -inch iron rod found for comer; 8. South 74 °47'18" West (S 76 °07'40" W), a distance of 1,647.17 feet (1,647.48') to a 1/2- inch iron rod found for corner; 9. South 78 °27'10" West (S 79 °48'17" W), a distance of 316.72 feet (316.78') to a point in the line common to said Dell Center Lot 2 Subdivision and said Lot 1 of Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, from which a Vz -inch iron rod found bears South 78 °27'10" West, 0.10 feet; 10. THENCE, North l5 °09'10" West (S 13 °49'23" E), along the line common to said Dell Center Lot 2 Subdivision and said Lot 1, a distance of 11.31 feet to the POINT OF BEGINNING and containing a computed area of 0.755 acre (32,888 square feet) of land, more or less in Part 1. \ \SUR V HOU_NT2\2000 _DATA \417658 \M &B's \PAR87pt I &2.doc Part 2 EXHIBIT Pase 3of 8 Pages Being a 0.094 acre (4,095 square feet) tract of land being a portion of Dell Center Lot 1 Subdivision, as recorded in Cabinet M, Slide 28 of the Williamson County Plat Records (W.C.P.R.) and being a portion of a 28.718 acre tract as conveyed by SGA DEVELOPMENT PARTNERSHIP, LTD. to DELL COMPUTER HOLDINGS, L.P. in Document No. 9509798 of the Official Records of Williamson County, Texas ( O.R.W.C.T.). Said 0.094 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation (TxDOT) brass disk in concrete (X- 3,138,631.51, Y= 10,151,111.29) set at 480.13 feet left of and perpendicular to State Highway 45 Baseline Station 597 +40.87, being in a non - tangent curve to the right in the existing westerly right -of -way line of Greenlawn Boulevard as dedicated in Volume 1526, Page 17 O.R.W.C.T. From said point a 1/2-inch iron rod found for the northwest comer of Dell Center Lot 2 Subdivision as recorded in Cabinet N, Slide 236 W.C.P.R. and the northeast comer of Lot 1 of the Amending Plat of Lot 1, Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2 as recorded in Cabinet M, Slide 138 W.C.P.R. bears North 74 °35'29" West, 2,851.88 feet; 1. THENCE, along said westerly right -of -way line of Greenlawn Boulevard being a non - tangent curve to the right with an arc distance of 33.02 feet, having a Radius of 1,021.01 feet, a Delta Angle of 01 °51'10 ", a Chord Bearing and Distance of South 17 °49'27" East, 33.02 feet to a 1/2 -inch iron rod found for end of curve; 2. THENCE, South 16 °49'53" East (S 15 °33'04" E), along said westerly right -of -way line, a distance of 156.51 feet to a 1/2 -inch iron rod found for the northeast comer of a called 5.891 acre tract conveyed to Williamson County for roadway purposes in Document No. 9716130 O.R.W.C.T. and the northeast comer of a tract of land reserved for future right -of -way of State Highway 45 as recorded in Cabinet M, Slide 28 W.C.P.R.; 3. THENCE, departing the westerly right -of -way line of said Greenlawn Boulevard with the line common to said 5.891 acre tract and said tract of land reserved for future right -of -way of State Highway 45, South 05 °54'52" West (S 07 °14'59" W), a distance of 60.94 feet (60.86') to a %z -inch iron rod found for an angle point; 4. THENCE, continuing along said common line, South 50 °44'04" West (S 52 °04'26" W), a distance of 38.54 feet to a TxDOT brass disk in concrete set at 218.13 feet left of and perpendicular to State Highway 45 Baseline Station 596 +89.68 for an angle point; THENCE, across said Dell Center Lot 1 Subdivision and along the proposed northerly right -of- way line of State Highway 45, the following three courses: 5. North 28 °33'11" East, a distance of 55.14 feet to a TxDOT brass disk in concrete set for an angle point; \ \SUR V HOU_ NT2 \2000_DATA \417658\M &B's\PAR87pt 1 &2.doc EXHIBIT Page 4 of 8 Pages 6. North 16 °44'42" West, a distance of 163.26 feet to a TxDOT brass disk in concrete set for an angle point; 7. North O1 °16'56" East, a distance of 61.50 feet to the POINT OF BEGINNING and containing a computed area of 0.094 acre (4,095 square feet) of land, more or less, in Part 2 for a total combined area of 0.849 acre (36,983 square feet), more or less, in Parts 1 and 2. This Metes and Bounds description is accompanied by a separate plat. Calls in parenthesis denote record information. The proposed baseline information recited herein is based on a design schematic drawing provided by Turner Collie and Braden Inc. C _Jay)--elet-r/ ni ne nine 7-/8 Registered Professional Land Surveyor Texas Registration Number 4345 SURVCON 1NC. 5316 Highway 290, Suite 480 Austin, Texas 78735 (512) 899-8282 July 17, 2000 \ \SURVHOU NT212000_ DATA \4176581M &B's \PAR87ptI &2.doc 8T PART 1 AREA ACQUIRED 132.0001 87 8ART 2 AREA AC*8(8Eo (4.0951 SURVEY LEGEND • . FOUND TXDOT BRASS DISK IN CONCRETE ❑ - SET TOOT BRASS DISK IN CONCRETE C) • SET I1 (Ro4 ROO V /TX80T ALUM. CAP LOT 1 • . FOUND ',' IRON ROD UHLE55 OTHERWISE NOTED AMENDED PLAT OF LOT 1 FOUND e x 4' CONCRETE MONUIENT ECTION 1 4,00 S 3 2 • CALCULATED POINT BOARDWALK 2 SUB. SECTION 2 515 "E LINE _ CAB. S 13B 1 R . PROPERTY P.O.L. PARCEL 87 Pi 1 W.0 44. .R +1. 5TB•� 9 "N (513 4'01 6 . BASELINE - UTILITY POLE p�p g e X.10.1 50.22 0.11 BT PART 1 Y. 10.17.29 A. . 10' 94 l ST 237.40' N15'09'10'8 1(•31' 1N13 SEE DETAIL 'A FOUND '�' I.R. BEAMS 570 W 0.(0' 118 BOARDWALK LIMITED .1 6.769 AC. REMAINDER OFfa CALLED 219.185 AC. 2234/54 O.R.W.C.T. 0 REC15TERE P80FE55I0 81 LAND SURVEYOR TEXAS REGISTRATION ND. 4345 *73 NOTES, I. BEARINGS AN0 COORDINATES ARE BASED CN THE TEXAS STATE PLANE SURFACE US SYSTEM. ING A8ADJUSTIB.ESNTCFACT ADJUSTED TO OR OF 1.0 012. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A +01117IENT FOR TITLE INSURANCE AND MAY NOT INCLUDE EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT. RECORD INFORMATION SNOW ON TH15 PLAT IS BASED ON PUBLIC INFORMATION. THE SURVEYOR NA5 HOT ABSTRACTED THIS TRACT. 3 DESCRIPTIONS ACC01P4NIE0 BY A SEPARATE METES AND BOUNDS 4. THE BASELINE SHOWN HEREON I5 PER A DESIGN SCHEMATIC FILE PROVIDED BY TURNER. COLLIE AND BRADEN. INC. 5. 0.R.W.0.7. I5ICATE5 OFFICIAL RECORDS OF WILLIAN50N COUNTY. T INDICATES WILL IAM SON COUNTY PLAT RECORDS / \ — � r OATE. 4 STA. 574 +70.01 LT. 234.69' 1579.40',7'►. 376.70') 316.72' FOUND '.' I.R. BEARS 518 0.10' H - � 575+00 DETAIL 'A' N.T.S. N74•49 '17'E. 326. t9' / / , W ILLIAM50N COUNTY FOR 1 ,/ All Or parts of the text on this pawns 8A ROADWAY PURPOSES q DOC +5716130 CALLE0 5.891 ACRES 0.8.W. C. T. ASA THOMAS SURVEY, A-609 W.C.P.R. DELL COMPUTER HOLDINGS. L.P. REMAINDER OF 153.4555 ACRES DOC. +5633512 O.R.W.C.T. '8 WHOLE PROPERTY INSET N01 10 scut DELL CENTER LOT 2 SUB CAB. N. 5L. 236 EXISTING R.O.W. ,. R.O.W. DEDICATION CONFLICTS WITH DOC. +5633512 6 DOC. P09509798 _ _ 3 • 1576'07'40'81 574.8'X. 1647.17' ( X76 . 47 00 ' 1 01 "E. 1647.48'1 DATE: MAR 2000 DRAWN BY: TC CHECKED BY: WJM ACREAGE SUMMARY (50.FT.1 PROPERTY REMAINDER ].1]0.0071 LEFT R STA. 578.04.20 LT. 234.56' PROPOSED 0.0.8. 580+00 STA. 581+27.40 LT. 225.39' 1.323.45' 8.6788.90' 4■3 9T' 01416'25 1 "E 323.41 c 5.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 9. 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. F.B. #: HWY 45 t SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE 15121 899-8282. FAX 15121 899 -9390 EMAIL: oustInl9survcon.com SCALE: 1" = 100' JOB 40: 417 -658 CAD FILE7S4SPAR- 87 -PT -1 SHEET 5 OF 8 SURVEY LEGEND ▪ - FOUND T %DOT BRASS DISK IN CONCRETE ❑ SET 1900T BRASS DISK IN CONCRETE o - SET 1 •{ [RCN ROD W /TXDOT ALIN. CAP • FOUND 14 2' IRON ROD UNLESS OTHERWISE NOTED ® - POUND 4' x 4' CONCRETE MOMENT G - CALCULATED POINT R - PROPERTY LINE & BASELINE - UTILITY POLE LL 0 L(1 E 51A. 581.27.58 DELL CENTER LOT 2 SUB. CAB. N. SL. 236 W.C.P.R. DELL AI NOERU COMPUTER 153 4555 A C RE S DOC. x9633512 0.8.0.0.T. LT. 225.39' PARS 1 N PROPOSED R.0.0.- 331.51' 1 W WILLIAMSON C00KT{Y FOR W ROADWAY PURP66ES DEDICATION CALLE 15.891 ACRES R.O.W. C CONFLICTS WITH ' x = DOC 9716130 DOC. 09633512 0 DOC. 49509798 W t z ' J U a 22 EXISTING R.O.W. N ..-� 0. 585400 ASA THOMAS SURVEY. A -609 DELL CENTER LOT 1 SUB. CAB. M. SL. 28 W.C.P.R. DELL COMPUTER HOLDINGS. L.P. 28.718 ACRES DOC. x9509798 O.R.W.C.T. 5. STA. 504456.47 L7. 206.75' 1576 'L- 206.02 RECORDERS MEMORANDUM AU or parts oftlte tenon this page was not clearly Iegiible for satisfactory reco7Lts son. 574.47'10'11. 1647.17' 4N76 1847.48'1 F STA. 566.64.52 LT. 203.03' iP 7'56 79 719.06' - CO L.L. 0 S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 8. 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. SCALE: 1" 100' JOB a: 417 -658 19 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5127 899 -8282. FAX (5121 899 -9390 EMAIL: austIn@survcorl.com DATE: MAR 2000 F.B. 0: HWY 45 DRAWN BY: TC CAD F1LE545PAR- 87 -PT-1 SHEET 6 OF 8 CHECKED BY: WJM SURVEY 1EOEND • - FOUND TxDOT BRASS DISK IN CONCRETE ❑ - SET 0000T BRASS DISK IN CONCRETE o - SET .{ IRON ROD r /TXDOT ALUM. CAP • - FOUND '.{ IRON ROD UNLESS OTHERWISE NOTED ® FOUND 4' x 4' CONCRETE MONUMENT • CALCULATED POINT R P8WERTY LINE B. - BASELINE M - UTILITY POLE O tD 1071•07'40'W) • + N74•47 56' E. 719.06 519 1 8 W. 1647.1' 58)57)90 R.O.W. IN08' 0. iB 7.10 WILL)AMSON COUNTY 709 R.O.W. DEDICATION 8080887 PURPOSES CALLED 5.891 ACRES CONFLICTS WITH DOC. 49633512 & 005. #9716130 O.R.W.C.T. DOC. #9509798 PROPOSED 0.0.8. ASA THOMAS SURVEY. A -609 DELL CENTER LOT 1 SUB. CAB. M. SL. 28 W.C.P.R. DELL COMPUTER HOLDINGS. L.P. 28.718 ACRES DOC. 49509798 0.8.8.5.1. . - 1 LOUIS HENNA BLVD (CR 1701 1526/17 O.R.W.C.T. WIDTH VARIES -I-- 4 S.H.45 -a -.1' RECORDERS MEMORANDUM All or puts of d i e thispagewas not dearly lei bs for satisfactory reccr?? ^On. '1 IST4•52'II'M1 m L514,593+83.58 PAIR I � - -� LT. 203.03' r _ - TrPO rm 'W. :5..7 . .573 .36 '24 1 N74•47'56'E 00 LL. OD 1- w W (n w z J U S.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 8. 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. DATE: MAR 2000 F.B. 441 HWY 45 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 -8282. FAX 15121 899 -9390 EMAIL: austinnsurvcon.com SCALE: 1" - 100' JOB #: 417 -658 DRAWN BY: TC CAD FILE545PAR- 87 -PT -1 SHEET 7 OF 8 CHECKED BY: WJM SU89ET LECEND E .. FOND TXOOT BRASS DISK IN CONCRETE ❑ . ,SET TX00T BRASS 015E IN CONCRETE Q . SET '' IRON ROD 0/TXDUT ALO4. CAP • . FECNO IRON OCD UNLESS OFHERMI5E NOTED ® . FORD 4• x 4" CONCRETE IONDI(NT A - CALCULATED POINT 8 . PROPERTY LINE LOT 1 9. - BASELINE AMENDING PLAT OF 1A . *211111 PO_E LOT SECTION�1 W S. LOT 3. BOARDWALK 2 SUB. SECTION 2 CAB. M. 5L. 138 W.C.P.R. 00 LL 0 r— ~ L w LLI DE Ln W _J F-- Q ASA THOMAS SURVEY, A-609 ENTER SUB. SL. 236 P.R Js. DRAWN BY: TC £.0I 51 01' 4b1.51 J + C'S 33.02 "y � 33.02' 7.0.8. BT PART 2 8 =3.38.631.51 7.10.151.111.29 Q STA. 597440.87 LT.,480.13' 5.H.45 PARCEL PLAT FOR PARCEL 87 PART 1 S. 87 PART 2 COUNTY: WILLIAMSON GRANTOR: DELL COMPUTER HOLDINGS. L.P. SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST. SUITE 480 AUSTIN. TEXAS 78701 TELEPHONE (5121 899 - 8282. FAX (512) 899 - 9390 EMAIL: oustinesurvcon. com SCALE: 1" = 50' IJOB #: 417 - 658 GATE: MAR 2000 F.B. I r: HWY 45 CAD F1LE:545PAR 87 -PT - 2 ST3 255.67' EXISTING R.O.W. DELL CENTER LOT 1 SUB. CAB.M. SL. 28 W.C.P.R. DELL COMPUTER HOLDINGS. L.P. 28.718 ACRES DOC. F9509798 O.R.W.C.T. (ECORDERS MEMORANDUM All or parts ofthe tenon this page not c:•�:;'dL tc:ot ass: ctor PROPOSED R.O.W. DELL LOT 2 CAB. N. W.C. b1. C Bs R STA. 597423.42 LT. 421.16' 1 STA. 597427.82 LT. 25T.96' (552 1 STA. 596489.60 LT. 218.13' RESERVED FOR FUTURE R.O.W. OF STATE HIGHWAY 45 CAB. M. SL. 28 W.C.P.R. WILLIAMSON COUNTY FOR ROADWAY PURPOSES CALLED 5.891 ACRES DOC. 729716130 O.R.W.C.T. 87 PART 2 i, CHFCKFI) RY: W.IM SHEET 8 0 County: Williamson Parcel No.: 140 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: PART 1 EXHIBIT 6 FIELD NOTE DESCRIPTION FOR PARCEL 140 Page 1 of 5 June 13,2000 DESCRIPTION OF A 0.068 ACRE (2946 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A ", DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET Q, SLIDE 175 -177 OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AS RECORDED IN DOCUMENT NO. 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.068 ACRE (2946 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation (TxDOT) Type 1I concrete monument set in the existing east right -of -way (ROW) line of Greenlawn Boulevard (a varying width ROW), same being the west line of said Lot 1, Block "A ", same being the north corner of the tract described herein, from which a calculated point in said common line for a point of curvature, bears with the arc of a curve to the left a distance of 141.13 feet through a central angle of 07° 03' 47 ", having a radius of 1144.85 feet, and whose chord bears N 26° 45' 04" W, a distance of 141.04 feet and being 487.22 feet left of Survey Base Station 598 +34.17; THENCE leaving said common line and crossing said Lot 1, Block "A" with the proposed east ROW line of said Greenlawn Boulevard for the following three (3) courses and distances numbered 1, 2, and 3; 1) S 27° 19' 51" E, a distance of 148.19 feet to a TxDOT Type II concrete monument set, being 342.34 feet left of Survey Baseline Station 598 +65.31, 2) S 16° 52' 13" E, a distance of 86.38 feet to a TxDOT Type II concrete monument set, being 256.00 feet left of Survey Baseline Station 598 +67.82, and 3) S 61° 52' 16" E, a distance of 43.35 feet to a TxDOT Type II concrete monument set, in the north line of a called 2.095 acre tract of land conveyed in the Special Warranty Deed to Williamson County as recorded in Document No. 9716131 of the Official Records Williamson County, Texas, for the south corner of the tract described herein, being 226.25 feet left of Survey Baseline Station 598 +99.35, from which a TxDOT Type II concrete monument set bears S 84° 16' 56" E, a distance of 35.41 feet; THENCE leaving said proposed east ROW line and crossing Lot 1, Block A the following two (2) courses and distances numbered 4 through 5: 4) N 84° 16' 56" W, a distance of 29.54 feet to a calculated point, 5) N 39° 02' 56" W, a distance of 61.57 feet to a calculated point, in the east ROW line of Greenlawn Boulevard, (varying width ROW), same being the west line of said Lot 1, Block "A ", FN 1764 R 20081 -20 Page 2 of 5 June 13,2000 THENCE with said common line the following two (2) courses and distances numbered 6 through 7: 6) N 16° 52' 52" W, a distance of 67.95 feet to a calculated point of curvature, and 7) with the arc of a partial curve to the left a distance of 126.70 feet through a central angle of 06° 20' 27 ", having a radius of 1144.85, and whose chord bears N 20° 02' 59" W, a distance of 126.64 feet to the POINT OF BEGINNING and containing 0.068 acre (2946 square feet) of land, more or Tess. PART 2 DESCRIPTION OF A 0.187 ACRE (8166 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A, DELL EAST CAMPUS SUBDIVISION, SECTION ONE, A SUBDIVISION OF RECORD IN CABINET Q, SLIDE 175 -177, OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AS RECORDED IN DOCUMENT NO. 9633512 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.187 ACRE TRACT (8166 SQUARE FEET) AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with a TxDOT aluminum cap set in the west line of a called 41.10 acre tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. as recorded in Document No. 9606843 of the Official Records Williamson County, Texas, same being the east line of said Lot 1, Block "A ", same being in the proposed north ROW line of State Highway 45, (a varying width ROW) also being the northeast corner of the tract described herein, and being 226.56 feet left of Survey Baseline Station 608 +30.97, from which a calculated point bears N 16° 51' 55" W, a distance of 350.00 feet; 1) THENCE with said common line S 16° 51' 55" E, a distance of 100.00 feet to a 1/2 -inch iron rod found for the southeast corner of said Lot 1, Block "A ", same being in the existing north ROW line of said Louis Henna Boulevard, also being the southeast corner of the tract described herein; 2) THENCE leaving said common line and with said existing north ROW line S 73° 07' 47" W, a distance of 45.70 feet to a calculated point for the southeast comer of said 2.095 acre tract, same being a southwest corner of said Lot 1, Block "A ", also being the southwest corner of the tract described herein, from which a 1/2-inch iron rod found bears S 73° 07' 47" W, a distance of 903.68 feet; THENCE leaving said existing north ROW line and with the east and north lines of said 2.095 acre tract for the following five (5) courses and distances numbered 3 through 7: 3) N 16° 07' 54" W, a distance of 84.32 feet to a calculated point for the northeast comer of said 2.095 acre tract, same being an interior corner of said Lot 1, Block "A ", also being an interior corner of the tract described herein, 4) S 75° 20' 31" W, a distance of 180.06 feet to a calculated point, 5) S 75° 01' 25" W, a distance of 100.02 feet to a calculated point, 6) S 74° 31' 08" W, a distance of 150.01 feet to a calculated point, and FN1764R 20081 -20 7) S 73° 33' 48" W, a distance of 236.62 feet to a calculated point being 218.78 feet left of Survey Baseline Station 601 +12.92; 8) THENCE leaving said north line and crossing said Lot 1, Block "A" with the proposed north ROW line of said S.H. 45 N 73° 07' 46" E, a distance of 711.09 feet to the POINT OF BEGINNING and containing 0.187 acre (8166 square feet) of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 15th day of June, 2000. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: Page 3 of 5 June 13,2000 Micha I R. Hatchet Regist red Professional Land Surveyor No. 4259 - State of Texas FN1764R 20081 -20 SURVEYIXG•AERUL MAPPING- ENGINEERING SURVEY BASELINE CURVE DATA 91 St4 608-79.45 N • 1015 0 9 465082 E • 3139856.1589 p • 4'07' /3' (LT) D • 0 00' L • 164811' T " 824.47 R • 229/829' C8 N7244'19'E C - 1647.75' PC 574 600.55.04 PT 574 617-03)5 L2 N16° 52 "W 516' 52'13 "E 561' 5 2'16"E 1 67.95' 86.38' 43.35' L4 L5 L6 584 N39° D2'56"W N!$4° 16'56 "W 35.42' 61.57' 1 1 29.54'1 1 d -06 20'27" R•1144.85' L. 126.7 0 CB•N20° 02'59 "W C• 126.64' APPROXIMATE LOCATION OF SURVEY LINE STATE HIGHWAY 45 LOUIS HENNA BLVD. (VARIABLE H... R.O.W./__ ... X74 47 56 "E 28/7-30' WIDTH SURVEY BASELINE NOTES EXISTING I R.O.W. LINE BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE ADDITIONAL UNDERGROUND, OR OTHER. IMPROVEMENTS NOT SHOWN. DETAILS ARE NOT DRAWN TO SCALE. P.O.R. y90.8. 1 69E1.3 17 487.22 LT . 10151 .2.5974 •3138 9.6934 4029 C491010/ Texas H48°2y, S0. & Bro40 Oaks PrOfessi0nelP1848. 54le 125 A9sbn. Terms 78704 (5121 447-0575 Fac 15121326-3029 4.07 R-1144.85' :r 70.65' CB -N26 ° 45 "W ASA THOMAS C- 141.04' 6] LJ 100 596'65.311 342.34'.T i � PART I 0.068 ACRE 12946150. FT.) MEMUCAN HUNT SURVEY A-314 598.67, 256.00' L 3. 596.99.35 -- '2-2.6.25' LT L6 9999 9999 - PROP L4 RECORDERS MEMORANDUM All orparts the text on thispage Was not dez!9lec;bk for satitfaaor7 a .°2, "on. SURVEY A-609 u j DELL EAST CAMPUS SUBDIVISION SECTION ONE LOT 1 BLOCK A LA CABINET 0, SLIDES 175 -177U P,R.W.C.Tx, DELL COMPUTER HOLDIrS t+P, DOC. No. 96335 O.R.W.C.Tx. 600 LEGEND WILLIAMSON COUNTY, TEXAS SCALE r ,00' RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P 3 59932 44 2113.60'LT WILLIAMSON COUNTY DEED FOR "PUBLIC ROADWAY, STREET, OR HIGHWAY " CALLED 2.095 ACRE DOC. No. 9716131 O.R.W.C.Tx. — EXISTING R.O.W. LINE - 9999 -- � -- - -- - 9999 -- — 9999 -- • TYPE I CONCRETE MONUMENT FOUND EI TYPE X CONCRETE MONUMENT FOUND 10 TYPE RCONCRETE MONUMENT SET • Ve PIPE FOUND UNLESS NOTED o 1,' HON R00 SET W/ MOT CAP UNLESS NOTED • "IRON ROD FOUND UNLESS NOTED • 60 D NAL SET UNLESS NOTED • 80 0 NAIL FOUND UNLESS NOTED G CALCULATED PONT R PROPERTY LINE R CENTER LINE r 1 RECORD 9100949108 808. PONT OF BEGINNING PAP. PONT OF COMMENCING N. PONT OF REFERENCE P. POINT OF CURVATURE • POINT OF TANGENCY • 140N- TANGENT CURVE IRON ROD FOUND Pr NEON PIPE FOUND E. PUBLIC UTILITY EASEMENT 448 . 8 .c.T4. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS , OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS • PLAT RECORDS WILLIAMSON COUNTY, TEXAS 08,8 DEED RECORDS WLLMMSON COUNTY, TEXAS PAGE 4 OF 5 REF. FIELD NOTE NO. 1764R PARCEL 140 PART 1 LEGEND TYPE 1 CONCRETE MONUMENT FOUND D TYPE 11 CONCRETE MONUMENT FOUND TYPE IICONCRETE MONUMENT SET %" P8E FOWFI uNLES5 1191ED Vi IRON ROD SET W7 10001 CPP UNLESS NOTED RON ROD FOUND UNLESS NOTED 60 D NAM. SET UNLESS NOTED 6D D NAL FOUND UNLESS NOTED CALCULATED POINT PROPERTY LINE CENTER LINE 1 RECORD INFORMATION H. POINT OF 86006INC P.O t. POINT OF COMMENCING P.0.8. POINT OF REFERENCE P.C. POINT OF CURVATURE POINT OF TANGENCY NI NON - TANGENT CURVE RC R10N ROD FOUND pi IRON PPE FOUND P.00. PUBLIC UTILITY EASEMENT o,P.1.W_U.r., OFFICIPL PUBL10 RECORDS WILLIAISON COUNTY. TEXAS r.. OFFICIAL RECORDS WILLMM50N COUNTY. TEXAS .. PLAT RECORDS 811114M50N COUNTY. TEXAS 6.Rw.01.. DEED RECORDS WILLIAASON COUNTY. TEXAS I J I f s el -ocu u enET us. c. . i ommi6 ioc IIF . °.c.. _'� 0-POSE .W R. . LINE 601.12.92 573° 33'48''6I 23 .62' S74° 31'08 "W 21878'LT WILLIAMS N COUNTY [4750.01" "E DEED FOR' "PU6LIC ROADWAY, u0.Or3 STREET, OR HIGHWAY " CALL 'D 2095 ACRES` DO No. 9716131 P,0.R. :...:, �p.R.W.C.Tfz. .4 EXISTING 903.58' -_- EXISTING R.O.W. `. _ [N74 27 APPROXIMATE - CATION OF SURVEY LINE STATE HIGHWAY 45 LOUIS HENNA BLVD. (VARIABLE WIDTH R.O,W. ) ,,, ._.. _. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. /� S�� MI H L R. HATCH R DAT RECINTERED PROFESSIONAL LAND SURVEYOR NO 4259. STATE OF TEXAS 3001 Caplalol Tens Wohway. So. INP.. Bode Oaks ProlessionalPlaa,Sute 125 Aus1YI, Torres 76704 (512) 417-0575 Fax: (512) 326 -3029 / ASA THOMAS f SURVEY A -609 [674 N73° 07'46 "E 711.09' 'ZECORDERS MEMORANDUM All orparts of the talon thispagewas not -tearlyle leforsatisfauoryrecerasdon. COMPUTER HOLDINGS, L. . / NC ED - 41:10 -- ACRES --- - DOC, No. 9606843 DELL EAST CAMPUS SUBDIVISION SECTION ONE LOT 1BLOCK A \ � CABINET Q, SLIDES 175 -177 � U P.R.W.C.Tx. DELL COMPUTER HOLDINGS, L.P. DOC. No. 9633512 O.R.W.C.Tx. S75° 01'25 "W S75° 20'31 "W 180.06' )•76 40'01 ' 180.06'3 100.02' (N76 20'55 "E 100.02'1 SURVEY BASELINE WILLIAMSON COUNTY, TEXAS SCALE P.O.R. 1" =100 40 JOB. , 00. 30.9 j 606.7 I 226.56' L N- 101511 9260 E -3139 9.01700 PART 2 0.187 ACRE (8166 50. FT. 1 RIGHT -OF -WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P SURVEY BASELINE CURVE DATA P15to 608'79.45 Al • /01509465082 E • 31398561589 B- 4' 07'13' 1LT1 0 •0'/5'00' L •/64817 7 - 824.4/' R • 229/829' CB • 072'44'19 - E C - 1647.75' PC 5ta 600-55.04 PT 5to 617-03.15 0 1 Ca 8 AD I� V A m is 4 -9 - -s7 07 45.70' 05 5 • 16 �N PAGE 5 OF 5 REF. FIELD NOTE NO. 1764R PARCEL 140 PART 2 County: Williamson Parcel No.: 143 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: EXHIBIT C FIELD NOTE DESCRIPTION FOR PARCEL 143 Page 1 of 3 April 18, 2000 DESCRIPTION OF A 1.662 ACRE (72,395 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING A PORTION OF THAT CERTAIN 41.10 ACRE TRACT CONVEYED IN THE GENERAL WARRANTY DEED TO DELL COMPUTER HOLDINGS, L.P. AND RECORDED IN DOCUMENT NO. 9606843, OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS SAID 1.662 ACRE (72,395 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found in the east line of the said Dell 41.10 acre tract, same being in the west line of Lot 2, Block A of Stonehaven, a subdivision of record in Cabinet R, Slide 156, Plat Records of Williamson County, Texas; THENCE with said common line S 03° 12' 32" W, a distance of 1171.60 feet to a 1/2 -inch iron rod found with plastic cap for the southwest corner of said Lot 2, Block A, same being in the north right -of -way (ROW) line of State Highway 45 (a variable width ROW) as dedicated to the State of Texas in Volume 1544, Page 20, Official Records Williamson County, Texas; THENCE continuing with the east line of said Dell Tract, same being a west line of said ROW, S 03° 11' 53" W, a distance of 22.02 feet to a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set for the POINT OF BEGINNING in the proposed north ROW line of said State Highway 45, same being the northeast comer of the tract described herein, and being 233.38 feet left of survey Baseline Station 615 +19.46; 1) THENCE with the east line of said Dell Tract, same being the west ROW line of State Highway 45 S 03° 11' 53" W, a distance of 128.06 feet to a 1/2 -inch iron rod found in the north ROW line of Louis Henna Boulevard (a varying width ROW), same being the southeast comer of said 41.10 acre Dell tract; 2) THENCE with said north ROW line, same being the south line of said 41.10 acre Dell tract, S 73° 07' 47" W, a distance of 637.35 feet to a 1/2 -inch iron rod found for the southeast comer of Lot 1 Block A, Dell East Campus Subdivision, Section One, a subdivision of record in Cabinet Q, Slide 175, Plat Records, Williamson County, Texas, and conveyed in the Special Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document No. 9633512 of the Official Records Williamson County, Texas; 3) THENCE with the east line of said Lot 1 N 16° 51' 55" W, a distance of 100.00 feet to a 1/2 -inch iron rod with TxDOT aluminum cap set in the proposed north ROW line of said State Highway 45, same being in the west line of said Dell 41.10 acre tract, being 226.56 feet left of survey Baseline Station 608 +30.97; FN1754 20081 -20 4) THENCE leaving said common line and crossing said Dell Tract with the proposed north ROW line of said State Highway 45 N 71 25' 28" E, at 662.29 feet pass a TxDOT Type II Concrete monument set being 233.47 feet left of Survey Baseline Station 615 +00.00, in all a total distance of 681.58 feet to the POINT OF BEGINNING and containing 1.662 acres (72,395 square feet) of land, more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS FN1754 KNOW ALL MEN BY THESE PRESENTS: Page 2 of 3 April 18, 2000 That I, John E Brautigam, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground April 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 19'" day of April, 2000. L SURVEYING AND MAPPING, Inc. Il f 4029 Capital Of Texas Hwy., So. Suite 125 J E Brau' : am Austin, Texas 78704 R. tistered P fessional Land Surveyor N . . 5057 - S ate of Texas 20081 -20 (. NTLLlANSON COUNTY, TEXAS DETAL A SCALE 1 :ECORDERS MEMORANDUM;: ',;. , Y .,DD &1I or parts of thetexton this pagewas I(�tPLASTICC0p clearly le i ble for satisfaaory recoraz!i1Yt. a / H ASA THOMAS t NO3.11 . 53 "E-- SURVEY A LOT 1 BLOCK A DELL COMPUTER HOLDINGS, L.P. DOC. No. 9633512 O.R.W.C.Tx. /DELL EAST CAMPUS SUBDIVISION SECTION ONE CABINET Q, SLIDES 175 -177 P.R.W.C.Tx. DELL COMPUTER HOLDING: L.P. CALLED 41.10 !ACR DOC. No. 960684, O.R.W.C.Tx. // - -- Pt }B +6 19.46 ` 1fP315 3 � O . 380.0 0 Qv TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83 CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPIS. SURVCON, INC. IMPROVEMENTS SHOWN HEREON ARE BASED UPON TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE ADDITIONAL UNDERGROUND, OR OTHER. IMPROVEMENTS NOT SHOWN, DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIF THAT THIS SURVEY WAS MADE ON THE GROUND UNDER Y DIRECTION AND SUPERVISION AND THAT THIS PLAT IS T• AND CORRECT TO THE BEST OF MY KNOWLEDGE AN BELIEF. I `NO J ' EXISTING R.0 W. LINE S73 04T'w 637 35' —_� J `-- ----- - ---- __ _ _ _ 7' - --- ---- ----- -- - - -- 0 0 APPROXIMATE O ATE LOCATN OF SURVEY LINE STATE HIGHWAY 45 LOUIS HENNA BLVD. ( Vt RIASC £ W43TR T+\O.W: ./ -... EXISTING R`_OIW; LINE r - { i SURVEY rOASAU NOTES: , I I T BEARINGS AND COORDINATES IARE -0N `EHE ME1 MUI:�t L AN HUNT JOF RE( NO, E BRAUT STERED - P 5057, STA PROPOSED R.QA, NNE ESSIONAL LAND SURVEYOR OF TEXAS vim 4029 CapA+,d Texas 0 115.50. g WNW Oak: ProNssion3I Pte, Ste 125 AISN, Texas 78704 (512) 447-0575 Fax (512)3263029 SURVEY A -319 DATE SURVEY BASELINE CURVE DATA PI 514 608.79.45 N - 10150946.5082 E - 3/398567589 • 4'07'0 (LT, 0 •0'15'00' L • 164811' T • 824.4r R - 229/829' 08 87244'/9'2 C 1647.75' , A PC 510 66ppop 35.04 1 PT ISla 8r7.0r5 I I I I RR HOMESTEAD III APARTMENTS, LTD. DOC. No. 9912719 O.R.W.C.T -x. /---- .. o LOT 2 BLOCK A N' • FINAL PLAT OF iSTONEHAVEN o- CABINET R, SLIDE /15Yr , ,,. �', P.P.T. LJ DE1A. A N71 25'28 "E 681.58'1' RIG -OF -WAY PLAT SHOWING PROPERTY OF DELL COMPUTER HOLDINGS, L.P. P.O.C. ' • TYPE 1 CONCRETE MONUMENT FOUND TYPE 0 CONCRETE 610NUMENT FOUND TYPE II CONCRETE MONUMENT SET ye PIPE FOUND UNLESS NOTED W RON ROD SET W/ TXDOT CAP UNLESS N0TE0 Y RCN ROD FOUND IR&ESS NOTED 60 0 NN1 5E1 1ANLE55 NOTED 60 0 NAP. FOUND UNLESS NOTED CALCULATED POINT PROPERTY LNE CENTER LNE 1 RECORD NFORLIATION P.O.S. PONT OF BEGNNNG 1,8.0. PONT OF COMMEIICNG 7.0.8. PONT OF REFERENCE • POINT OF CURVATURE • PUNT OF TANGENCY NT NONTAIGENT CURVE RF RON ROD FOUND P r RON PIPE FOUND Put. PUBLIC UTILITY EASEMENT 0,P.R.B.C., OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS 0x.8.0,1.. OFFICIAL RECORDS W1.110NSON COUNTY, TEXAS .. PLAT RECORDS 81111 MSON COUNTY. TEXAS • 0.8.4.1.1.. DEED RECORDS W0LIAASON COUNTY. TEXAS PAGE 3 OF 3 REF. FIELD NOTE NO. 1754 PARCEL 143 BEGIN SESSION 8 Fri Apr 14 08:08:56 2000 Points 2 to 1000 deleted. 1000 points in workfile. fnp143 FROM ANGLE DIST NORTH EAST TO *. * =* START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP 0.00361 0.00488 HCLOSE N 53 29 01 E 0.01 10000.00000 50000.00000 1 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac BEGIN SESSION ® Fri Apr 14 08:1.:11 2000 Points 2 to 1000 deleted. 1000 points in workfile. rowp143 FROM ANGLE DIST NORTH EAST TO * * * ** START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01. 10000.00000 50000.00000 1 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac BEGIN y"ESSION ® Fri Apr 14 09:3'.. .56 2000 Points 2 to 1000 deleted. 1000 points in workfile. ekp143 FROM ANGLE DIST NORTH EAST TO * * * ** START 10000.00000 50000.00000 1 1 TRAV S 3 11 53 W 128.06 9872.13943 49992.85584 2 2 TRAV S 73 07 47 W 637.35 9687.17676 49382.93467 3 3 TRAV N 16 51 55 W 100.00 9782.87572 49353.92244 4 4 TRAV N 71 25 28 E 681.58 9999.99639 49999.99512 5 LAT & DEP 0.00361 0.00488 5 HCLOSE N 53 29 01 E 0.01 10000.00000 50000.00000 1 PREC = 1 TO 254857 Area = 72395.20 sq ft 1.66197 ac FREED AND RECORDED OFFICIAL PUBLIC RECORDS j, 01 -14 -2002 10:27 AM 2002003709 ANDERSON $59.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS PLEASE PE7ugA 70: CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78864