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R-02-03-26-9E1 - 3/26/2002RESOLUTION NO. R- 02- 03- 26 -9E1 WHEREAS, the City desires to purchase a 0.126 acre tract of land for additional right -of -way for the CR 122 Project, and WHEREAS, Buford Randall Jean and wife, Jeanette A. Jean, the owners of the property, have agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Buford Randall Jean and wife, Jeanette A. Jean, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of M ch, 2002 RO: - A. STL , JR. "ayor ATTEST :: ODMA\ WORLDO X \0: \WDOX \AEEOLUII \R20326E1 , WFD /r2022B fl/ ac CHRISTINE R. MARTINEZ, City Secreta City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between BUFORD RANDALL JEAN and wife JEANETTE A. JEAN (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. RECITALS Purchaser has previously threatened condemnation of the Property (described below.) Under threat of condemnation, Seller agrees to convey the Property to Purchaser, and this Contract sets forth the terms and provisions of such sale in lieu of condemnation. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, a parcel of land situated in Williamson County, Texas, being more particularly described as follows: 0.126 of an acre of land, more or less out of the Robert McNutt Survey, Abstract No. 422, Williamson County, Texas and be more particularly described in Exhibit "A" attached hereto and incorporated herein, together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Ten Thousand and 00 /100 Dollars ($10,000.00). Houston 014013100000 640338 v RED 1 EXHIBIT nAu Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Houston 014015/00000 640538 v REID Preliminary Title Commitment 3.02. Within ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Georgetown Title Company (the "Title Company ") of 1717 N. Mays, Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of three (3) days after Purchaser receives the updated Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may (but shall not be obligated to) attempt to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before April 15, 2002 or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 2 4.02 in cash. Houston 019015/00000690539 v RED General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. Purchaser's Obligations At the Closing, Purchaser shall pay the purchase price Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date relating to the Property and then due and payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3 Haugon 014015/00000 640518 u RED ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of One Thousand and no /100 Dollars ($1,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the 4 failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 9.01. (a) This Contract may not be assigned without the express written consent of Seller. (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by FedEx or other similar delivery service or by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Houawi 019015 /00000 6905]8 v RED ARTICLE IX MISCELLANEOUS Assignment of Contract Notice Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (d) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (e) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 5 (f) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (g) Time is of the essence in this Contract. Gender (h) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (i) This Contract shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. 05400,0(4015/00000640538 r RED Prior Agreements Superseded Effective Date SELLER: BUF RANDALL JEAN JF NETT E� Date: FGb, 27 , 2002 Date: , 2002 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Robert A. Stluka, Jr., Mayor 221 E. Main Street Round Rock, Texas 78664 6 DESCRIPTION FOR A 0.126 ACRE (5.488.08- SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, BEING A PORTION OF A 14.89 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO BUFORD RANDALL JEAN AND JEANETTE A. JEAN RECORDED IN VOLUME 1868 PAGE 323 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.126 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on a point being the most northwest corner of said 14.89 -acre tract of land, same being the easterly right -of -way line of County Road 122 (CR 122) (right -of -way width varies), same being the south boundary line of a 2.327 -acre tract of land as described in a deed to Barbara M. Bachman in Document No. 9525529 of the Official Records of said County; THENCE departing the easterly right -of -way line of said CR 122, with the north boundary line of said 14.89 acre tract of land, same being the south boundary line of said 2.327 acre tract, N89 ° 57'20 "E for a distance 20.37 -feet to an iron rod set hereof; THENCE departing the south boundary line of said 2.327 acre tract, through the interior of said 14.89 acre tract the following (2) two courses and distances: 1) S01 ° 19'21 "E for a distance of 185.56 -feet to an iron rod set on a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 7589.00 -feet, an arc length of 108.19 -feet, a central angle of 00 ° 49'00" and a chord which bears S01 ° 43'52 "E for a distance of 108.19 -feet to a iron rod set on a point being the south boundary line of said 14.89 acre tract of land hereof and from which an iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract, bears N88 ° 29'25 "E a distance 165.50 -feet, N89 ° 34'44 "E a distance of 94.28 -feet, and from which another iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract bears N87 ° 47'39 "E a distance of 158.87 -feet; THENCE continuing with the southerly boundary line of said 14.89 acre tract, S88 ° 29'25 "W for a distance of 17.40 -feet to a point being the most southwest corner of said 14.89 acre tract hereof; THENCE with the westerly boundary line of said 14.89 acre tract, same being in part the easterly right -of- way line of said CR 122 right -of -way line, the following (2) two courses and distances; I) NO2 ° 04'54 "W (Bearing Basis/Directional Control Line) for a distance of 260.84 -feet to an angle point hereof; 2) N01 ° 48'14 "W for a distance of 33.44 -feet to the POINT OF BEGINNING hereof and containing 0.126 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professional Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 122j.DOC EXHIBIT A RED BUD TRAIL • 1RF SKETCH TO ACCOMPANY DESCRIPTION L EGEND (1.0.8. 20 ' N89 ° 57' 20 "E 20.37' IRF S88 ° 29'25 "W 17.40' • IRF = IRON ROD FOUND o IRS = IRON ROD SET ( ) = RECORD INFORMATION P.O.B. = POINT OF BEGINNING BUFORD RANDALL JEAN & JEANETTE A. JEAN m VOL 1868, PG 325 14.89 AC. IRS BARBARA M.BACHMAN DOC. 9525529 2.327 AC. M SUBJECT TRACT' 0.126 AC. 5,488.08 SQ. FT N 88 1RF 165.50' 88°46'47"W) (182.90') CURVE DATA * j1 ' r * r , LOT 3 rv OF ROUND ROC VOL 2155, PO. 39 (S89 °52'01 "W) (94.35') N 89 °34'44" E 94.28' Number cl Delta 00 °49'00" Chord Diectlon S 01 E Radius 7589.00' Are Length 108.19' Chord Length 108.19' 188 SCALE: 1 " =50' (288 °05'01" W) (158.80 ) N 87 °47'3 E 158.87,' . IRF EXHIBIT "A" DATE: 4 -2000 JOB No.: 601 - 758 -10 File: BY: BKS Baker - Alcklen & Associates, lac. Engineers/Surveyors DATE: March 20, 2002 SUBJECT: City Council Meeting — March 26, 2002 ITEM: *9.E.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Buford Randall Jean and wife, Jeanette A. Jean for right -of -way for the CR 122 project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Assistant History: The widening of County Road 122 will accommodate increased traffic on County Road 122 and will improve safety. Funding: Cost: $10,000 Source of Funds: Outside Resources: Sheets & Crossfield, P.C. Sponsor: N/A Round Rock Transportation System Development Corporation. THE STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between BUFORD RANDALL JEAN and wife JEANETTE A. JEAN (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. RECITALS ARTICLE I PURCHASE AND SALE 'ORIGINAL Purchaser has previously threatened condemnation of the Property (described below.) Under threat of condemnation, Seller agrees to convey the Property to Purchaser, and this Contract sets forth the terms and provisions of such sale in lieu of condemnation. By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, a parcel of land situated in Williamson County, Texas, being more particularly described as follows: 0.126 of an acre of land, more or less out of the Robert McNutt Survey, Abstract No. 422, Williamson County, Texas and be more particularly described in Exhibit "A" attached hereto and incorporated herein, together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. 2.01. The purchase price for the Property shall be the sum of Ten Thousand and 00 /100 Dollars ($10,000.00). Ho,,t ,0140151000006405)8 ARTICLE II PURCHASE PRICE Amount of Purchase Price 1 2.02. The Purchase Price shall be paid in cash at the closing. 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). 3.02. Within ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Georgetown Title Company (the "Title Company ") of 1717 N. Mays, Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of three (3) days after Purchaser receives the updated Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may (but shall not be obligated to) attempt to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. The closing shall be held at the Title Company on or before April 15, 2002 or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: Houvm 014015/00000 640538 v RED Payment of Purchase Price ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations Preliminary Title Commitment ARTICLE IV CLOSING Seller's Obligations 2 4.02 in cash. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. Houston 014015/00000 640538 v RED General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. Purchaser's Obligations At the Closing, Purchaser shall pay the purchase price Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date relating to the Property and then due and payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3 ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of One Thousand and no /100 Dollars ($1,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the HDYSIOf 016015/00000 640535 v RED 4 failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Assignment of Contract 9.01. (a) This Contract may not be assigned without the express written consent of Seller. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by FedEx or other similar delivery service or by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Housmn 014015 /OW00 64053a v RED Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (d) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (e) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 5 (f) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (g) Time is of the essence in this Contract. Gender (h) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (i) This Contract shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. 9ouswn 014U15/000OO &10538 v RED Prior Agreements Superseded Effective Date SELLER: BU a RD RANDALL JEAN E TTE A. JEAN Date: / , e7 , 2002 PURCHASER: A 6 221 E. Main Street Round Rock, Texas 78664 Date: - alp , 2002 DESCRIPTION FOR A 0.126 ACRE (5.488.08- SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, BEING A PORTION OF A 14.89 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO BUFORD RANDALL JEAN AND JEANETTE A. JEAN RECORDED IN VOLUME 1868 PAGE 323 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.126 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on a point being the most northwest corner of said 14.89 -acre tract of land, same being the easterly right -of -way line of County Road 122 (CR 122) (right -of -way width varies), same being the south boundary line of a 2.327 -acre pact of land as described in a deed to Barbara M. Bachman in Document No. 9525529 of the Official Records of said County; THENCE departing the easterly right -of -way line of said CR 122, with the north boundary line of said 14.89 acre tract of land, same being the south boundary line of said 2.327 acre tract, N89 ° 57'20 "E for a distance 20.37 -feet to an iron rod set hereof; THENCE departing the south boundary line of said 2.327 acre tract, through the interior of said 14.89 acre tract the following (2) two courses and distances: 1) S01 ° 19'21 "E for a distance of 185.56 -feet to an iron rod set on a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 7589.00 -feet, an arc length of 108.19 -feet, a central angle of 00 ° 49'00" and a chord which bears S01 ° 43'52 "E for a distance of 108.19 -feet to a iron rod set on a point being the south boundary line of said 14.89 acre tract of land hereof and from which an iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract, bears N88 ° 29'25 "E a distance 165.50 -feet, N89 ° 34'44 "E a distance of 94.28 -feet, and from which another iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract bears N87 ° 47'39 "E a distance of 158.87 -feet; THENCE continuing with the southerly boundary line of said 14.89 acre tract, S88 ° 29'25 "W for a distance of 17.40 -feet to a point being the most southwest comer of said 14.89 acre tract hereof; THENCE with the westerly boundary line of said 14.89 acre tract, same being in part the easterly right -of- way line of said CR 122 right -of -way line, the following (2) two courses and distances; 1) NO2 ° 04'54 "W (Bearing Basis/Directional Control Line) for a distance of 260.84 -feet to an angle point hereof; 2) N01 ° 48' 14 "W for a distance of 33.44 -feet to the POINT OF BEGINNING hereof and containing 0.126 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professional Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 1225 1 EXHIBIT A RED BUD TRAIL SKETCH TO ACCOMPANY DESCRIPTION LEGEND P08. (N89°54'54 N139°57'20"E 20.37' S88 17.40' •IRF = IRON ROD FOUND o IRS = IRON ROD SET ( ) = RECORD INFORMATION P.O.B. = POINT OF BEGINNING BARBARA M BACHMAN DOC. 9525529 2.327 AC. SUBJECT TRACT 0.126 AC. 5,468.08 SQ. FT. BLIFEIRD RANDALL JEAN & JEANETTE A, JEAN VOL 1868, PG 325 14.89 AC. N 88°29'25" E IRF 165.50' 88°46'47"W) (182.90') CURVE DATA ...., rt, f ..;TY OF ROUND ROCK VOL 2755, PG. 3:1 (S89 (94.35') N 89°3444" E 94.28' Number CI Dello 00 Chord Meehan S 01°43'52" E Radius lAre Length 7589.00' 108.19' Chord Length 108.19' ORE T CREEK PHA SE: EA CA B. 0 Si... 399 BLOCK A 5\ SCALE: 1"=50' (S88 W) IRF N 87 E 158. EXHIBIT "A" DATE: 4-2000 JOB No.: 601-758-10 File: BY: BKS Baker-Alcklen & Associates, hie. Englneers/Surveyors Date: Grantor: oi0 76 g/ • , . W Compan Inc. Grantee: CITY OF ROUND ROCK CITY OF ROUND ROCK 221 EAST MAIN ROUND ROCK, TEXAS 78664 WILLIAMSON COUNTY CASH WARRANTY DEED - PAGE 1 CASH WARRANTY DEED Grantor's Mailing Address (including county): BUFORD RANDALL JEAN and wife, JEANETTE A. JEAN 1051 RED BUD LANE ROUND ROCK, TEXAS 78664 WILLIAMSON COUNTY Grantee's Mailing Address (including county): PROPERTY (including any improvements): @PFOBSktOR \::0[IMA�WCFi.DO % /O: /WDOX /CORK /TR,E,EEE /CR122PON /JEAN /WDEED /fifin?f,,,WPD /kg 2002052570 5 Pgs ,6) /0 , 2002 BUFORD RANDALL JEAN and wife, JEANETTE A. JEAN CONSIDERATION: TEN AND N0 /100 DOLLARS and other good and valuable consideration. 0.126 of an acre of land, more or less, out of the ROBERT MCNUTT SURVEY, Abstract No. 422 in Williamson County, Texas, and being a part of a 14.89 acre tract, as described in deed from Sam Huey and wife, Debbie Huey to Buford Randall, recorded in Volume 1853, Page 962, and correction thereof in Volume 1868, Page 323, Official Records, Williamson County, Texas and being more fully described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY OF WILLIAMSON PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: CASH WARRANTY DEED - PAGE 2 BUF D RANDALL JEAN J ETTE A. JEAN ACKNOWLEDGMENT § § (12,0 4)___, This instrument was acknowledged before me on the /C day of 2002, by BUFORD RANDALL JEAN and wife, JEANETTE A. JEAN. y Public, ktep\:: ODMA/ WORLDO%/ O_/ W�OX/ CORR /TR9NSPRT /CR12�R�W /.jEnv /WDEEP .WPfl/k9 to of Texas Sheets & Crossfield, P JILLMORGAN 309 E. Main St. = _ NataryPubic,StateofTaces Round Rock, Texas 7866 My Cormris on Elutes 41•• �� JULY 17, 2002 Georgetown Title Company 1717 North Mays Street Round Rock, Texas 78664 DESCRIPTION FOR A 0.126 ACRE (5.488.08- SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, BEING A PORTION OF A 14.89 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO BUFORD RANDALL JEAN AND JEANETTE A. JEAN RECORDED IN VOLUME 1868 PAGE 323 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.126 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on a point being the most northwest corner of said 14.89 -acre tract of land, same being the easterly right -of -way line of County Road 122 (CR 122) (right -of -way width varies), same being the south boundary line of a 2.327 -acre tract of land as described in a deed to Barbara M. Bachman in Document No. 9525529 of the Official Records of said County; THENCE departing the easterly right-of-way line of said CR 122, with the north boundary line of said 14.89 acre tract of land, same being the south boundary line of said 2.327 acre tract, N89 "E for a distance 20.37 -feet to an iron rod set hereof; THENCE departing the south boundary line of said 2.327 acre tract, through the interior of said 14.89 acre tract the following (2) two courses and distances: 1) S01 ° 19'21 "E for a distance of 185.56 -feet to an iron rod set on a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 7589.00 -feet, an arc length of 108.19 -feet, a central angle of 00 ° 49'00" and a chord which bears S01 ° 43'52 "E for a distance of 108.19 -feet to a iron rod set on a point being the south boundary line of said 14.89 acre tract of land hereof and from which an iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract, bears N88 ° 29'25 "E a distance 165.50 -feet, N89 ° 34'44 "E a distance of 94.28 -feet, and from which another iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract bears N87 ° 47'39 "E a distance of 158.87 -feet; THENCE continuing with the southerly boundary line of said 14.89 acre tract, S88 "W for a distance of 17.40 -feet to a point being the most southwest comer of said 14.89 acre tract hereof; THENCE with the westerly boundary line of said 14.89 acre tract, same being in part the easterly right -of- way line of said CR 122 right -of -way line, the following (2) two courses and distances; 1) NO2 ° 04'54 "W (Bearing Basis/Directional Control Line) for a distance of 260.84 -feet to an angle point hereof; 2) N01 ° 48' 14' W for a distance of 33.44 -feet to the POINT OF BEGINNING hereof and containing 0.126 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professional Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 122,.DOc A EXHIBIT RED BUD TRAIL IRF SKETCH TO ACCOMPANY DESCRIPTION L EGEND (N89°54 "E) N89 °57'20 20 "E 20.37' a S88 29'25 "W 17.40' • IRF = IRON ROD FOUND Q IRS = IRON ROD SET ( ) = RECORD INFORMATION P.O.B. = POINT OF BEGINNING IRS BARBARA M. BACHMAN DOC. 9525529 2.327 AC 5,488.08 SQ. FT SUBJECT TRACT 0.126 AC. BUFORD RANDALL JEAN & JEANETTE A. JEAN VOL 1868, PG 325 14.89 AC. N 88 ° 29'25" E RF 165.50' 88 °46'47 "W) (182.90') CURVE DATA LOT 3 01- ROUND ROCK VOL i55, p 33 (589 °52'01 "W) (94.35') N 89 ° 34'44" E 94.28' • IRF Number C/ Della 00 °49'00" Chord Dieciion S 01°43'52" E Radius 7589.00' Arc Length 108.19' Chord Length 108.19' R\ s y 0 SCALE: 1 " =50' (sae °05'or" W) (158.80') N 87 ° 47' 39 " E 158.87' EXHIBIT "A" DATE: 4 -2000 JOB No.: 601 - 758 -10 File: BY: BKS � IRF Baker-Alcklen & Associates, Mac. Engineers /Surveyors Georgetown Title Company, Inc. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 07 11- 200204:17 PM 2002052570 SUSAN $17.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY, TEXAS FORM T -1 OWNER POLICY OF TITLE INSURANCE If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1 -800- 729 -1902. 9 you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. Visit our World -Wide Web site at: http://www.stewart.com ¢ )1 (r. ip iD rsv�R..p:7.}.y:C+ti}.r •Kr K'ii•K'.4 OWNERS POLICY OF TITLE INSURANCE ISSUED BY GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, notettceeding 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, attorneys' fees at itl ciaii d nse of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Coiftpbnht h '' f firis i Ncy to be signed and sealed by its duly authorized officers as of the date of Policy shown in Schedule A. Countersign: Chairman of e Board STEWART TITLE zed Signatory orgetown Title Company, Inc. Company Georgetown, Texas ST City, State E%CL' GE President LE Ir Vj The following matters are expressly excluded from the coveroge of this cfi ° piid iii fwiipony 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 IRN lrmrteddd baI'diiig and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the landA tko hura04, dimensions or location of any improvement now or hereafter ereded 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 of Dole of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or o notice of a defect, lien or encumbrance resulting from a violation or alleged violation offeding the land has been recorded in the public records at Date of Poliry. 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 raking 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 Dote 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 Dote of Policy (e) resulting in loss or damage which 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, slate insolvency, or other state of federal creditors rights laws, that is based on either (1) 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 rechoraderization of the estate or interest insured by this Policy as o result of the application of the doctrine of equitable subcoordinotion, 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 .., urrhncar for value or n judgment or lien creditor. _. . P euet of 0-5841 nn rnw n � '.:� 3'lr U9Y� u 0 501 (Rev. 10 -1 -97) CONDITIONS AND 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, dislribuiees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduriory successors and specifically, without limitations, the following: (i) the successors in interest to o corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon partial or complete Ii uidation; (i1 the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; (iii) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete liquidation (iv) the successors in interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation; (v) the successor or substitute trustee(o) 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 port of the assets of the trust to the beneficiaries thereof. b) "insured claimant ": on 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 polity. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" also shell 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 Dote 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 o 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 mode 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 (1) in case of any litigation as set forth in Section 40) 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 for 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 Insureds ` 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 dosing 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 (continued and concluded on STIPULATIONS or defect is valid, the Company shall take one of the following anions: (1) institute the necessary proceedings to dear the lien, encumbrance, adverse claim or defect from the title to the estate as insured 01) indemnify the insured as provided in this policy (iii) upon payment of appropriate premium and charges therefor, issue to the insured claimant or to o subsequent owner, mortgagee or holder of the estate or interest fn 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 poliry(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect (v) secure o release or other document discharging the lien, encumbrance, adverse claim or defect or (vi) undertake a combination of (i) through (v) herein. 4 DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these 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 parry asserts a claim adverse to the title or interest as insured, but only as to those stated causes of anion 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 anion 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 art 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 the 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 it rights under this paragraph, it shall do so diligently. (e) 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 therein, 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 oll reasonable aid (1) in any anion 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 the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the farts 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 polity that constitutes the basis of loss or damage and shall state, to the extent possible, the basis oI 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 dole before or offer Date 01 Polity, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, cheers, correspondence and memoranda in the custody or control of a third parry which reasonably pertain to the loss or damage. All information designated as confidential last page of this policy) T -1 Owner Policy Schedules - Form Prescribed by Texas Department of Insurance - Revised 1/1/93 SCHEDULE A GF NO. 01047681 3H Owner Policy No.: 0 -5841- 205916 Amount of Insurance: $ 10 , 0 0 0 .00 1. Name of Insured: CITY OF ROUND ROCK 2. The estate or interest in the land that is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: CITY OF ROUND ROCK Date of Policy: July 11, 2002 4. The land referred to in this policy is described as follows: 0.126 of an acre of land, more or less, out of the ROBERT MCNUTT SURVEY, Abstract No. 422 in Williamson County, Texas, and being a part of a 14.89 acre tract, as described in deed from Sam Huey and wife, Debbie Huey to Buford Randall, recorded in Volume 1853, Page 962, and correction thereof in Volume 1868, Page 323, Official Records, Williamson County, Texas and being more fully described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. NOTE: The Company does not represent that the above acreage or square footage calculations are correct. 5812 (Rev. 111/93) STEWART TITLE GUARANTY COMPANY T -1 Owner Policy Schedules - Form Prescribed by Texas Department of Insurance - Revised 1/1/2000 OWNER POLICY SCHEDULE B EXCEPTIONS FROM COVERAGE GF 01047681 3H This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters: Did Ydllt070gk (r)ttild6(itatt2M2(r)t telWrIil AWN ibli/GOWX ktheX alillAPaRY701IXSt kklXOfAO:MI sil i6)tildWilrX001t242( lilVdt [AtOi tfi(9(egt10101)K Policy No.: 0 -5841- 205916 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2002and 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." see below 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception.): 7. Easement dated October 1, 1965, to Texas Power and Light Company, recorded in Volume 484, Page 132, Deed Records, Williamson County, Texas. 8. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and issue bonds. 9. Grantor reserves a one -half (1/2) undivided interest in and to the oil, gas and other minerals and all rights incident thereto as reserved in Deed dated July 31, 1971, from James H. Arnold and wife, to Veterans Land Board of the State of Texas, recorded in Volume 538, Page 643, Deed Records, Williamson County, Texas. Title to said reservation has not been examined subsequent to its date of execution. 10. Easement dated December 26, 1990, executed by Buford Randall Continued on next page GEORGETOWN TITLE COMPANY, INC. Countersign 4111111kk k fi Authorized Cot - rsignature 5813 (Rev. 1/1100) STEWART TITLE GUARANTY COMPANY 203 A 0F01047681 3H Attached to and made a part of Stewart Title Guaranty Company Policy No. 0- 5841 - 205916 Continuation of Schedule B Jean and wife, to Mansville Water Supply Corporation, recorded in Volume 2039, Page 960, official Records, Williamson County, Texas. 11. Easement dated October 28, 1941, granted by Green Adams and wife, Alice Adams to Texas Power & Light Company, as described in instrument recorded in Volume 310, Page 435, Deed Records, Williamson County, Texas. 12. Easement dated November 3, 1941, granted by Johnnie Johnson and wife, Ester Johnson to Texas Power & Light Company, as described in instrument recorded in Volume 310, Page 444, Deed Records, Williamson County, Texas. 13. Easement dated June 22, 1956, granted by Alvin E. Kotrola to Texas Power & Light Company of Dallas, Texas, as described in instrument recorded in Volume 413, Page 494, Deed Records, Williamson County, Texas. 14. Easement dated May 31, 1960, granted by A. E. Kotrola to Texas Power & Light Company of Dallas, Texas, as described in instrument recorded in Volume 440, Page 247, Deed Records, Williamson County, Texas. 15. Easement dated April 2, 1984, granted by James H. Arnold and Jessamine Arnold to Texas Power & Light Company of Dallas, Texas and Southwestern Bell Telephone Co., as described in instrument recorded in Volume 1089, Page 426, Official Records, Williamson County, Texas. 16. Rights of parties in possession. 17. Any visible and apparent easement, either public or private, the existence of which is not disclosed by the public records as defined herein, including, but not limited to, roads or utilities in use on the land. * including taxes levied by Brushy Creek Water Control and Improvement District No. 1. Page STEWART TITLE GUARANTY COMPANY Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Tale Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm- Leach -Bliley Act (GLBA) generally prohibits any financial Institution, directly or through Its affiliates, from sharing nonpublic personal Information about you with a non- affillaled third party unless the Institution provides you with a notice of Its privacy policies and practices, such as the type of Information that it collects about you and the categories of persons or entities to whom It may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic person Information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our Mee, or from our affiliates or others. • Information we receive from a consumer reporting agency. Information that we receive from others Involved In your transaction, such as the real estate agent or lender. Unless It Is Specifically Stated otherwlaa In an amended Privacy Policy Notice, no additional nonpublic personal Information will be collected about you. We may disclose any of the above Information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We may also disclose this Information about our customers or former customers to the following types of non-affiliated compares that perform marketing services on our behalf or with whom we have Joint marketing agreements: • Financial service providers such as companies engaged In banking, consumer finance, securities and Insurance. • Non - financial companies such as envelope stutters and other fulNlment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal Information about you to those employees who need to know that Information In order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. Georgetown Title Company, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE • Title V of the Gramm - Leach - Bliley Act (GLBA) generally prohibits any financial institution, direly or Through Its affiliates, from sharing nonpublic personal Information about you with a nonaffiliated Third party unless the Institution provides you with a notice of Its privacy policies and practices, such as the type of Information that It collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which nodes you of the privacy policies and practices of Georgetown Title Company, Inc. We may collect nonpublic person Information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our flies, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others Involved In your Transaction, such as the real estate agent or lender. Unless it Is specifically stated otherwise In an amended Privacy Policy Notice, no additional nonpublic personal Information will be collected about you. We may disclose any of the above Information that we collect about our customers or former customers to our affiliates or to non-affiliated third parties as permitted by law. We may also disclose this Information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged In banking, consumer finance, securities and Insurance. • Non - financial companies such as envelope stutters and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal Information about you to those employees who need to know that Information In order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options! (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys 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 obligotions la the insured under this ppoliccyy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to 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 cosh, 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 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: t) the Amount of Insurance stated in Schedule A ii the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy at the date the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. (b) In the event the Amount of Insurance staled in Schedule A at the Dale of Policy is less Than BO percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Dote of Policy and 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 Dote of Polity bears to the total value of the insured estate or interest at Date of Policy or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion That 120 percent of the Amount of Insurance stated in Schedule A hears 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, attorney's 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 slated in Schedule A. (c) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) B. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels that are not 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 pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Dote of Policy of each separate parcel to the whole, exclusive of any improvements mode 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 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 polity, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro canto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or properly necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall he subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any, Iasi 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 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. A 14, ARBITI ATI0N. 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 of 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 of 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 51,000,000 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 ar, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorney's fees to a prevailing parry. Judgment upon the award rendered by she Arbitralorrs` may be entered in any court hoving jurisdiction thereof. The low of the situs of the lend 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 endorsement hereon or attached hereto signed by either the President, o 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 the Company at P.O. Box 2029, Houston, Texas 77252 -2029. COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim that you have filed, tooted the agent or write to the Company that issued the policy. If the problem is not resolved, you also may write the Texas Deportment of Insurance, P.O. Box 149091, Austin, T% 78714 -9091, Fax No. (512) 475 -1771. This notice of complaint procedure is far information only and does not become a part or condition of this policy. • STEWART TITLE GUARANTY COMPANY G fit r/ tors-a./ ^corgetown Title Coml.. Notice to Purchaser of Real Property 01 CL Date: June 28, 2002 GF #: 01047681 CO Property: 0.126 of an acre, +1 -, ROBERT MCNUTT SURVEY, A -422, Williamson County, Texas Q The real property, described above, which you are about to purchase is located in the Brushy Creek Water Control and Improvement District No. 1. The district has taxing authority separate from any other taxing authority, and may, o subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such o bonds. As of this date, the rate of taxes levied by the district on real property located in the district is $ -0- on each (N $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of debt service tax, as of this date, is $ -0- on each $100 of assessed valuation. The total amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $ -0 -, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or part from property taxes is $ -0 -. The district has the authority to adopt and impose a standby fee on property in the district that has water, sewer, sanitary or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available on the property. The district may exercise the authority without holding an election on the matter. As of this date, the amount of the standby fee is $ -0 -. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract or property in the district. The purpose of this district is to provide water, sewer, drainage, or flood control facilities and service within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. BUFO' 1 RANDALL JEAN JE TTE A. JEAN STATE OF TEXAS COUNTY OF WILLIAMSON 4 This instrument was acknowledged before me on June 28th b e uford Randall Jean and Jeanette A Jean. tary Public, State of T �pFY PjA'"k i n Purchaser is advised that the information shown on this form is subject to chef �Il •te C�'Qlme. The District routinely established tax rates during the months of September TOi; _n .ice effective for the year in which the tax rates are approved by the District. Pur v advis District to determine the status of any current or proposed changes to the infurmn i! aJ ew The undersigned purchaser(s) hereby acknowledge receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on June 28, 2002 by of the City of Round Rock. C:\MyFiles\Notice to Purchaser - District.frm RECORDERS MEMORANDUM All o, p arty of the text on this page was not clearly legible for satisfactory recordation. Public, State of T JQL MORGAN 'dowr , "Ibht state olrexas eemmi lion E'yires ow " JULY 17, 2002 any, In, DESCRIPTION FOR A 0.126 ACRE (5.488.08 - SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, BEING A PORTION OF A 14.89 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO BUFORD RANDALL JEAN AND JEANETTE A. JEAN RECORDED IN VOLUME 1868 PAGE 323 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.126 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on a point being the most northwest comer of said 14.89 -acre tract of land, same being the easterly right -of -way line of County Road 122 (CR 122) (right -of -way width varies), same being the south boundary line of a 2.327 -acre tract of land as described in a deed to Barbara M. Bachman in Document No. 9525529 of the Official Records of said County; THENCE departing the easterly right -of -way line of said CR 122, with the north boundary line of said 14.89 acre tract of land, same being the south boundary line of said 2.327 acre tract, N89 ° 57'20 "E for a distance 20.37 -feet to an iron rod set hereof; THENCE departing the south boundary line of said 2.327 acre tract, through the interior of said 14.89 acre tract the following (2) two courses and distances: 1) S01 9'21"E for a distance of 185.56 -feet to an iron rod set on a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 7589.00 -feet, an arc Length of 108.19 -feet, a central angle of 00 ° 49'00" and a chord which bears So1 "E for a distance of 108.19 -feet to a iron rod set on a point being the south boundary line of said 14.89 acre tract of land hereof and from which an iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract, bears N88 ° 29'25 "E a distance 165.50 -feet, N89 ° 34'44 "E a distance of 94.28 -feet, and from which another iron rod found on an angle point in the southerly boundary line of said 14.89 acre tract bears N87 ° 47'39 "E a distance of 158.87 -feet; THENCE continuing with the southerly boundary line of said 14.89 acre tract, S88 ° 29'25 "W for a distance of 17.40 -feet to a point being the most southwest comer of said 14.89 acre tract hereof; THENCE with the westerly boundary line of said 14.89 acre tract, same being in part the easterly right -of- way line of said CR 122 right -of -way line, the following (2) two courses and distances; 1) NO2 ° 04'54 "W (Bearing Basis/Directional Control Line) for a distance of 260.84 -feet to an angle point hereof; 2) NOI ° 48' 14"W for a distance of 33.44 -feet to the POINT OF BEGINNING hereof and containing 0,126 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professional Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 122p.DOC EXHIBIT A Georgetown Title Com y, Inc. FILED AND RECORDED OFFICIAL PUBLIC RECORDS z 07- 11- 2002 04:17 PM 2002052568 SUSAN $13.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS