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R-02-06-13-14G10 - 6/13/2002RESOLUTION NO. R- 02- 06- 13 -14G10 WHEREAS, the City of Round Rock ( "City ") is planning the expansion of its water treatment plant which will require additional property, easements, and improved access to the plant, and WHEREAS, the City, Georgetown Railroad Company ( "GRR ") , and Texas Crushed Stone ( "TCS ") desire to improve roadway conditions, plant site security, and traffic safety on the access road, and WHEREAS, the City plans to construct a new water line under the main access road to the water plant and to the TCS plant, and WHEREAS, the City needs a construction gate in addition to the main water treatment plant gate, and WHEREAS, TCS, GRR, and the City want to keep the right -of -way clear for a possible future over or under pass of the GRR railroad tracks that would connect the paved road located on the north side of the water treatment plant property with the Westinghouse Road overpass on IH -35, and WHEREAS, TCS presently operates a raw water line that crosses the property to be conveyed to the City and it will be necessary for TCS to relocate the line sometime in the future, and WHEREAS, the City, TCS, and GRR wish to enter into an Agreement which addresses all of these issues, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, ::ODMA \WORLDOX \0. \WOOX \RESOLDTI \R20612G.10/ec That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with Texas Crushed Stone and Georgetown Railroad Company, a copy of same 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 13th day of June, 200 AT E T: CHRISTINE R. MARTINEZ, City Secret 0OmE,\W ORLDOx w, \UDOX \RESODUr1\R3os13c.3oiac LL %� NY = � LL, Mayor City Round Rock, Texas y AGREEMENT THIS IS AN ANCILLARY AGREEMENT TO A WATER TREATMENT CONSTRUCTION PROJECT AND THE FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT IN THE YEAR 2002 STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT This agreement is made and entered into effective the date last executed hereinbelow by and between the City of Round Rock, hereinafter called "City" and the Georgetown Railroad Company, Inc., hereinafter called "GRR" and the Texas Crushed Stone Company, hereinafter called "TCS ". RECITALS Whereas, the City is planning the expansion of its water treatment plant which will require additional property, easements and improved access to the plant and Whereas, the City, GRR, and TCS desire to improve roadway conditions, plant site security, and traffic safety on the access road and Whereas, the City plans to construct a new water line under the main access road to the water plant and to the TCS plant and Whereas, the City needs a construction gate in addition to the main water treatment plant gate and Whereas, TCS, GRR and the City want to keep the right -of -way clear for a possible future over or underpass of the GRR railroad tracks that would connect the paved road located on the North side of the water treatment plant property with the Westinghouse Road overpass on IH -35 and Whereas, TCS presently operates a raw water line that crosses the property to be conveyed to the City and it will be necessary for TCS to relocate the line sometime in the future, NOW THEREFORE IT IS AGREED THAT: I. The present access road running north -south should be widened to 30 feet in width. The hump in this road should be reconstructed so that site distances along this road are increased. This road AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 1 should have an asphalt surface. TCS will furnish (free of charge) embankment fill and limestone base for this road improvement project. The City shall design, and construct this project at city expense. GRR shall approve the plans for the project. II. The City, TCS, and GRR agree that the speed limit on the access road should be 25 miles per hour. TCS, GRR, and City agree that traffic signs should be placed along the access road as shown in Exhibit A. The City shall install and maintain the traffic signs as shown in Exhibit A. TCS and City agree to enter into an agreement (exhibit B) regarding construction access during periods of major construction at the water plant. IV. The City, TCS, and GRR agree to each designate an individual to coordinate security in the vicinity of the water plant. V. TCS and the City agree to coordinate the placement of the new waterline under the access road on a weekend. Work to start after 17:30 hours on a Friday afternoon. The work be complete and the road ready for traffic by 04:00 hours the following Monday morning. If this cannot be done the City agrees to bore under the road. VI. City understands that GRR and TCS are considering the option of constructing a grade separation at the GRR railroad tracks northeast of the water treatment plant. The City acknowledges that such contemplated grade separation would probably be in its own best interests in that it would provide improved access to the water treatment plant. Therefore, the City, GRR and TCS will endeavor to develop general concept plans and meet by May 01, 2003 to discuss appropriate measures to complete this project, if feasible. VII. it is agreed that the City of Round Rock and its Contractor for construction of the addition water treatment plant facilities may use an approximate area of 2.2 acres to the West of the current City of Round Rock water treatment plant land (270 feet by 360 feet AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 2 approximately) as a temporary contract lay down area with the provision that the City of Round Rock will clean up and take such other steps necessary to return the land to its condition it was in before the Contractor lay down use begins. VIII. It is agreed that Georgetown Railroad Company and Texas Crushed Stone Company will work with the City of Round Rock to achieve improvement at the intersection of the Union Pacific Railroad Company track and RM 620. All parties agree to push for the early completion of State Highway 45 and connection of it to RM 620. All parties agree to use their best efforts to improve conditions at the above mentioned intersections. IX. A. 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 Williaitson County, Texas. S. Should any litigation be commenced between the parties hereto concerning this Agreement, the party prevailing in such litigation shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and costs. C. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. D. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This contract constitutes the sole and only agreement of the parties hereto of the subject matters which it addresses and supersedes any prior understandings or written or oral agreements between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 3 Date: ATTEST: CITY OF ROUND ROCK By: By: Christine R. Martinez, Nyle Maxwell, Mayor City Secretary Date: ATTEST: TEXAS CRUSHED STONE COMPANY By: By: C. W. Fraser, Secretary W. B. Snead, President Date: ATTEST: GEORGETOWN RAILROAD COMPANY By: By: C. W. Fraser, Secretary W. B. Snead, Chairman of the Board STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me this day of , 2002, by NYLE MAXWELL, Mayor of the City of Round Rock, Williamson County, Texas. Notary Public, State of Texas Printed Name: My Commission Expires: AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me this day of , 2002, by W. B. SNEAD, President of Texas Crushed Stone Company, a Texas corporation, on behalf of said corporation. STATE OF TEXAS § § COUNTY OF WILLIAMSON § Notary Public, State of Texas Printed Name: My Commission Expires: This instrument was acknowledged before me this day of , 2002, by W. B. SNEAD, President of Georgetown Railroad Company, Inc., a Texas corporation, on behalf of said corporation. TCSC-RR.AGT- 701(02-034) Notary Public, State of Texas Printed Name: My Commission Expires: AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 5 STATE OF TEXAS COUNTY OF WILLIAMSON INDEMNITY AGREEMENT § § KNOW ALL MEN BY THESE PRESENTS: That the City of Round Rock, a Texas Municipal Corporation, located in Williamson County, Texas, ( "indemnitor ") in consideration of Texas Crushed Stone Company, a Texas Corporation and Georgetown Railroad Company, a Texas Railroad Corporation, both being located on Interstate Highway 35 in Williamson County, Texas, ( "indemnitee ") permitting the City of Round Rock and the entities with which the City of Round Rock is contracting for the purpose of construction and improvement work upon the water treatment plant and the connecting water lines located within and upon the property owned by Texas Crushed Stone Company and Georgetown Railroad Company, and any subcontractors, suppliers, agents of the City of Round Rock or other parties having anything to do with the above described construction and /or improvements to the water treatment plant and connecting waterlines crossing Texas Crushed Stone Company and /or Georgetown Railroad Company property in order to have access to the water treatment plant and the connecting water lines, agrees to indemnify the Texas Crushed Stone Company, Georgetown Railroad Company, and any of their sister corporations, invitees, agents suppliers, or employees ( "indemnitee ") from and against any and all liability or claims that indemnitee may sustain as a result of claims, demands, costs, or judgments arising from indemnitor, or any of the above enumerated parties working with INDEMNITY AGREEMENT PAGE 1 CITY OF ROUND ROCK TO TEXAS CRUSHED STONE COMPANY CITY OF ROUNDROCK WATER TREATMENT PLANT t 1 NO SCALE TO QUARRY cr ti ce SPEED LIMIT 23 SPEED LIMIT 25 WESTINGHOUSE ROAD OVERPASS EXHIBIT 'A' TRAFFIC SIGNS WATER PLANT ACCESS ROAD v/C T' iPi 4 -2002 TRAFFIC SIGNS Jun 13 02 02:38p CITY OF ROUND RCP( 103' •RM- OP•I00 4 G SEMENT v� CIA PE. u 4. J A o♦ G G G t 9 1 .V� 0 6 � ,b'p 1•K, o • • 0 NCTES: 11 1) atisIMI /W It CSJEC= m � 4106* P01 f A Ni ONE w7 tATAIN. r "memo tr iD Ctlasi ii SlelET 0 mw AS SHOW . rs s) M� W OASIS Ia ael * 71 //11 I� 1K, tP11L011e me Wale. DMW me AS PtaY1.d tY CJP. k Wag. TEXAS C R U S H E D 8 T O N E COMPANY V OL. 4 27, PG. 41 9 INTERSTATE SURVEYING, _ _ INC. & Yapping er.Ice e 1 6330 /0. 314 •00 aP L-4 (612J 01 -6066 ladle Dar 76066 PA. ne -0606 DATE: 06/13/02 ( DIR: 1: /151/11830 Interstate Surveying 512 329 0575 0 100 200 300 400 1" = 200' LONE $TAR WDU7TRIES ■9600 -0 -193* 00SO4)• Yd. 791. l'4. 919. T9MCT f O2LTac L TM A 1 30000 a 03061 Yd 570. 04 371 LEGEND (ems M MIRt949w 5035 Sol 03. R •.a 1 SO. AMMO - 0000 tsaa4let rat n4 •4 tL 9aa I Moog MOM t*w*001 Ie. e74 ra m A ti CRY OF ROUND ROCK -17 vaL 853 09. 56 13.00 Agee -� \ 9 t • � ` ti e s • 0 t COT OF ROUND ROCK Dee. *9542045 10.813 Aar.. SKETCH TO ACCOMPANY DESCRIPTION OF A PROPOSED 1.490 ACRE ACCESS EASEMENT OUT OF A PORTION OF THAT 2073.29 ACRE 1RACT CONV4YED 10 TEXAS CROSSED STONE COMPANY VOLUME SOO PAGE 636. TRACT 1. MIWAMSON COUNTY. TEXAS. LEGEND P-4 EAPt a Ow km MAO • em 900. rate • 603101 SPEW. rata (PateL WOO MLA= aw n t.03 teal= wan/ Mwx MEAL •CPA. NLN00. Welt KAY SO:WM PAUL MILK, teat L S bee CE MA NZ MOOR •••• *IMAM MC 4 11919E 0NL urn loyal 0.6 steer USW $ 93907 PIE 4 090 an -L mot Cr Pt0 490? IMO M.= vue era /WS WOE MME F 0 l t 4 y • 0 0 LM CITY OF ROUND ROCK FN No.: 740R1 1 FILE: 11830EX2R.dwgT DRAM 8Y: LM.R. I PROJECT No.: 118 -30.06 06/13/2002 THU 14:33 [TX /RX NO 80431 0 004 DATE: June 7, 2002 SUBJECT: City Council Meeting — June 13, 2002 ITEM: 14.G.10. Consider a resolution authorizing the Mayor to execute an Agreement with Texas Crushed Stone and Georgetown Railroad Company regarding access to the water treatment plant site, improved security at the site, future roadway improvements and related matters. Resource: Jim Nuse, Public Works Director History: This Agreement sets for the several items of business agreements between Texas Crushed Stone, Georgetown Railroad Company and the City of Round Rock. These items include access issues, speed limits, construction access, security, hours of construction and development of master access plans. Funding: This Agreement is at no cost to the City but is partial consideration for the extension of the Industrial District Agreement. Cost: N/A Source of funds: N/A Outside Resources: Texas Crushed Stone, Georgetown Railroad Company Sponsor: N/A THIS IS AN ANCILLARY AGREEMENT TO A WATER TREATMENT CONSTRUCTION PROJECT AND THE FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT IN THE YEAR 2002 STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT This agreement is made and entered into effective the date last executed hereinbelow by and between the City of Round Rock, hereinafter called "City" and the Georgetown Railroad Company, Inc., hereinafter called "GRR" and the Texas Crushed Stone Company, hereinafter called "TCS ". RECITALS Whereas, the City is planning the expansion of its water treatment plant which will require additional property, easements and improved access to the plant and Whereas, the City, GRR, and TCS desire to improve roadway conditions, plant site security, and traffic safety on the access road and Whereas, the City plans to construct a new water line under the main access road to the water plant and to the TCS plant and Whereas, the City needs a construction gate in addition to the main water treatment plant gate and Whereas, TCS, GRR and the City want to keep the right -of -way clear for a possible future over or underpass of the GRR railroad tracks that would connect the paved road located on the North side of the water treatment plant property with the Westinghouse Road overpass on IH -35 and Whereas, TCS presently operates a raw water line that crosses the property to be conveyed to the City and it will be necessary for TCS to relocate the line sometime in the future, NOW THEREFORE IT IS AGREED THAT: I. The present access road running north -south should be widened to 30 feet in width. The hump in this road should be reconstructed so that site distances along this road are increased. This road AGREEMENT -CITY OF ROUND ROCK, TEXAS CRDCIIFD STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 1 should have an asphalt surface. TCS will furnish (free of charge) embankment fill and limestone base for this road improvement project. The City shall design, and construct this project at city expense. GRR shall approve the plans for the project. II. The City, TCS, and GRR agree that the speed limit on the access road should be 25 miles per hour. TCS, GRR, and City agree that traffic signs should be placed along the access road as shown in Exhibit A. The City shall install and maintain the traffic signs as shown in Exhibit A. TCS and City agree to enter into an agreement (exhibit B) regarding construction access during periods of major construction at the water plant. IV. The City, TCS, and GRR agree to each designate an individual to coordinate security in the vicinity of the water plant. V. TCS and the City agree to coordinate the placement of the new waterline under the access road on a weekend. Work to start after 17:30 hours on a Friday afternoon. The workto be complete and the road ready for traffic by 04:00 hours the following Monday morning. If this cannot be done the City agrees to bore under the road. VI. City understands that GRR and TCS are considering the option of constructing a grade separation at the GRR railroad tracks northeast of the water treatment plant. The City acknowledges that such contemplated grade separation would probably be in its own best interests in that it would provide improved access to the water treatment plant. Therefore, the City, GRR and TCS will endeavor to develop general concept plans and meet by May 01, 2003 to discuss appropriate measures to complete this project, if feasible. VII. It is agreed that the City of Round Rock and its Contractor for construction of the addition water treatment plant facilities may use an approximate area of 2.2 acres to the West of the current City of Round Rock water treatment plant land (270 feet by 360 feet AGREEMENT-CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 2 approximately) as a temporary contract lay down area with the provision that the City of Round Rock will clean up and take such other steps necessary to return the land to its condition it was in before the Contractor lay down use begins. VIII. It is agreed that Georgetown Railroad Company and Texas Crushed Stone Company will work with the City of Round Rock to achieve improvement at the intersection of the Union Pacific Railroad Company track and RM 620. All parties agree to push for the early completion of State Highway 45 and connection of it to RM 620. All parties agree to use their best efforts to improve conditions at the above mentioned intersections. I X. A. 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. B. Should any litigation be commenced between the parties hereto concerning this Agreement, the party prevailing in such litigation shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and costs. C. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. D. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This contract constitutes the sole and only agreement of the parties hereto of the subject matters which it addresses and supersedes any prior understandings or written or oral agreements between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 3 Date: JLlAvv /3/ OCtOa, ATTEST: By: Christine R. Martinez, City Secretary Date: ATTEST: By: By: C. W. Fraser, Secretary W. B. Snead, President Date: ATTEST: GEORGETOWN RAILROAD COMPANY By: By: C. W. Fraser, Secretary W. B. Snead, Chairman of the Board s § COUNTY OF WILLIAMSON § ll 2 t/_, instrument was acknowledged before me this /� day of 2002, by NYLE MAXWELL, Mayor of the City of d Rock, Williamson County, Texas. STATE OF TEXAS I 6', CHRISTINE R MARTINQ MY COMMISSION EXPIRES August 2S, 2005 oa.- 0( -/3- /LGla CITY OF ''UND O _ ell, Mayor TEXAS CRUSHED STONE COMPANY Notary Public,,�s to of Te a Printed Name: C%2 /ST/NF. i. / My Commission Expires: R - Ak - OS AGREEMENT-CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 4 STATE OF TEXAS COUNTY OF WILLIAMSON TCSC- RR.AGT -70I (02-034) § § § This instrument was acknowledged before me this day of , 2002, by W. B. SNEAD, President of Texas Crushed Stone Company, a Texas corporation, on behalf of said corporation. STATE OF TEXAS § § COUNTY OF WILLIAMSON § Notary Public, State of Texas Printed Name: My Commission Expires: This instrument was acknowledged before me this day of , 2002, by W. B. SNEAD, President of Georgetown Railroad Company, Inc., a Texas corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission Expires: AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page 5 INDEMNITY AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the City of Round Rock, a Texas Municipal Corporation, located in Williamson County, Texas, ( "indemnitor ") in consideration of Texas Crushed Stone Company, a Texas Corporation and Georgetown Railroad Company, a Texas Railroad Corporation, both being located on Interstate Highway 35 in Williamson County, Texas, ( "indemnitee ") permitting the City of Round Rock and the entities with which the City of Round Rock is contracting for the purpose of construction and improvement work upon the water treatment plant and the connecting water lines located within and upon the property owned by Texas Crushed Stone Company and Georgetown Railroad Company, and any subcontractors, suppliers, agents of the City of Round Rock or other parties having anything to do with the above described construction and /or improvements to the water treatment plant and connecting waterlines crossing Texas Crushed Stone Company and /or Georgetown Railroad Company property in order to have access to the water treatment plant and the connecting water lines, agrees to indemnify the Texas Crushed Stone Company, Georgetown Railroad Company, and any of their sister corporations, invitees, agents suppliers, or employees ( "indemnitee ") from and against any and all liability or claims that indemnitee may sustain as a result of claims, demands, costs, or judgments arising from indemnitor, or any of the above enumerated parties working with INDEMNITY AGREEMENT PAGE 1 CITY OF ROUND ROCK TO TEXAS CRUSHED STONE COMPANY indemnitor, being upon indemnitees' land or crossing indemnitees' property, this indemnity agreement to last so long as the construction and /or improvement activities, and follow -up work are occurring. Made and executed this k -day of CITY OF ROUND ROCK, TEXAS BY: STATE OF TEXAS COUNTY OF WILLIAMSON This Instrument was acknowledged before me on the l of , 2002, by Nyle Maxwell, Mayor of the City of Ro Rock, a Texas municipal corporation, on behalf of said municipal corporation.. b=_ CHRISTINE R. MARTINEZ ri MY COMMISSION EXPIRES August 28, 2005 TCSC- QRR.IND WPBC #I 17 02-034 ?- oa- 0I - /3- /yG /o * * INDEMNITY AGREEMENT CITY OF ROUND ROCK TO TEXAS CRUSHED STONE COMPANY , 2002. Notary Public, State of Texas G /e /srAi& e. Dm,e77Ne2__ (Printed or typed name of notary) My commission expires: s - g PAGE 2 CITY OF ROUNDROCK WATER TREATMENT PLANT SPEED LIMIT 25 4 -2002 TRAFFIC SIGNS 1 1 NO SCALE SPEED LIMIT 25 WESTINGHOUSE ROAD OVERPASS EXHIBIT 'A' TRAFFIC SIGNS WATER PLANT ACCESS ROAD Jun 13 02 02:37p 1.499 ACRES CITY OF ROUND ROCK ACCESS EASEMENT Interstate Surveying DESCRIPTION 1) S70°04'32"W, 1342.00 feet to a calculated point for an angle point hereof; 2) SI9 °55'28"E, 40.16 feet to a calculated point for an angle point hereof; 512 329 9575 p.2 FN NO 740R1 JUNE 13, 2002 JOB NO. 118 -30.06 OF A 40 FOOT WIDE STRIP OF LAND, BEING A 65,284 SQ. FT. (1.499 ACRE) TRACI' OR PARCEL OF LAND OUT OF AND PART OF 2023.28 ACRE TRACT CONVEYED TO TEXAS CRUSHED STONE COMPANY IN VOLUME 880, PAGE 638, TRACT' 1, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, THE SAID 1.499 ACRES INTENDED TO BE UTILIZED AS AN ACCESS EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a found bent 14" iron rod for the northeast comer of said 2023.28 acne tract, being the southeast corner of an 11.23 acre tract owned by said Texas Crushed Stone Company and recorded in Volume 512, Page 292, and located in the west line of the Georgetown Railroad Right - of-Way as recorded in Volume 429, Page 129, and also being the northeast corner of a 100 foot wide Right - of-Way and Easement conveyed to the City of Round Rock, Texas in Volume 853, Page 64, all of which are recorded in the said Official Records of Williamson County, Texas, said bent %" iron rod found being further Located N06 °46'46 "E, 420.56 feet from a found capped Y:" iron rod being the northeast corner of a 13.00 Acre tract conveyed to the said City of Round Rock, Texas and recorded in Volume 853, Page 56 of the said Official Records of Williamson County, Texas; THENCE, 569°07'53"W, 112.89 feet along the north line of said 2023.28 acre tract to a calculated point, said calculated point being the northwest corner of the said 100 foot wide Right - of-Way and Easement conveyed to the said City of Round Rock, Texas; THENCE, leaving said north line 2023.28 acre tract, and proce.ding over, across and through said 2023.28 acre tract and along the west line of the said 100 foot wide Right -of -Way and Easement, S06 °46'46"W, 58.07 feet to a calculated comer and the POINT OF BEGINNING; THENCE, continuing over, across, and through said 2023.28 acre tract and along the said west line of the 100 foot Right -of -Way and Easement S06 °46'46"W, 44.78 feet to a calculated point; THENCE, leaving the said west line of the 100 foot Right -of -Way and Easement and continuing over, across, and through said 2023.28 acre tract the following eleven (11) courses and distances: 3) S11°28'36"W, 150.83 feet to a calculated point for an angle point hereof; 4) S 17 °44'09"E, 9.58 feet to a calculated point, 50.00 feet north of the north line of a 10.813 acre tract, conveyed to the City of Round Rock in Document No. 9542045, of record in the Official Records of Williamson County, Texas, for an angle point hereof; 5) S72°15'5l"W, 40.00 feet to a calculated point, 50.00 feet north of north line of said 10.813 acre tract, for an angle point hereof; 06/13/2002 THU 14:33 1TX /R3 NO 80431 QD002 Jun 13 02 02:37p Interstate Surveying • FN NO 740R1 1.499 ACRES PAGE TWO STATE OF TEXAS COUNTY OF WILLIAMSON § MILLER, R.P.L.S. STATE OF TEXAS NO.5121 INTERSTATE SURVEYING COMPANY 13740 N. HWY 183, BLDG. L-4 Austin, Texas 78750 KNOW ALL BY THESE PRESENTS 512 329 0576 p. 3 6) N 17°44'09"W, 20.00 feet to a calculated point for an angle point hereof; 7) N1 1°28'36"E, 150.01 feet to a calculated point for an angle point hereof 8) N19°55'28"W, 29.22 feet to a calculated point for an angle point hereof; 9) S70°04'32"W, 40.00 feet to a calculated point for an angle point hereof; 10) N19°55'28 "W, 40.00 feet to a calculated point for an angle point hereof; and 11) N70°04'32"E, 1442.12 feet to the POINT OF BEGINNING, containing 1499 acres of land, more or less, within these metes and bounds. This Seldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc., drawing file "11830ex2Rdwg"_ THAT I, BLAINE J. MILLER, 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 UNDER MY DIRECTION AND SUPERVISION. WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY, TEXAS THIS 13th DAY OF JUNE, 2002 A.D. 06/13/2002 THU 14:33 ITX /R3 NO 8043] Q4003 Jun 13 02 02:38p Interstate Surveying 100 200 300 400 1' =200' a COROC Totem RAILROAD COMPANY - DIR: F: /151/11830 SKETCH TO ACCOMPANY DESCRIPTION OF A PROPOSED 1.499 ACRE ACCESS EASEMENT OUT OF A PORTION OF 111AT 2023.28 ACRE TRACT CONVEYED TO TEXAS CRUSHED STONE COMPANY VOLUME 000. PAGE 638 TRACT 1, W1ILAMSON COUNTY. 1EXAS INo. Rirn116 DIE( rn1x 57004 32'0 141955'28'w S17'14'096 V 'w 1.1 SO6'46'46'W 58.07 L2 So6'46'46'W 44.78' 1.3 S1955 ' 28'E 40.46 1.9 , LI0 N1T4409'W Z0. CITY QF ROUND ROCK FN No.: 740R1 I FILE: 11830EX2R.dwg I DRAWN BY: LM.R. I PROJECT No.: 118 -30.08 CRY OF ROUND ROC( 106' 8101T- 0Y-YAT t L18003 6.L I31. r, a6 0 { N 4.1 7" %04. .( 9 Co O • 4 4 .05 1. y X 18 18 *051 o 0 Z 0 t G >r r 59 r 101E3: 1) CONIIWOIT MO is OWNED O=1CCT 10 8 CO 511811 AN 08 OE mffu1L b IOe1TIO11 NOVO= 01=01 600 AS SEEN . sE 16M1em n /3/081011 0001* N. 1nC 11 OE iu00 ME11 7011 8 OEM 11 11=110 N 01 1 0 101126•17M. VENOM VENOM 1 11E M OED A SOME 100ENTE i WEL T E R A S CRUSHED 8 T O N E VOL. 427. PG. 4 g/: SURVEYING. INC. r fewMo Al 3110 .len 106 & Yapping Bor lam 3. Rip 201 R(/X 6-4 me) 018-8686 410664 11= 71= FAX 00-686 DATE: 06/13/02 0 D1L JCa 0010 (1De0 1E.x 0 01=1881 1x40.010 alai MOOD R wa1 VOL 1m0 COG o 1� Mg MOO woa1111E1 mo_ L1L4 14 101 i.n 1 I 1 EOM 1 LEGEND LCRA. A OGTEC 794934 0 3 01 FAOp•M Vd 971, FP 971 CRY OF ROUND ROC( V1L 853 P0. 56 13.00 Au.. '1 Q A L S 6 ! r LEGEND p. '1 • V1'1181 E0 Tom • vs* KT • WPM 0011m FOOD • OM MY. ROO • IXREM 0E0 5 EEO IN Mt 8 - 68800 (80•luo 06) • 1:ILD1IARD 608 OEM moo. MOM EWE lolocOom coon NEE • 8 0.1002 COMM RAT liaDe1EE NIf. Tuna Mar 11.422100 ILL 0•418 010ERT ML 111.a00 80301 sic 00 4021 010 YIL lob 00 TENET Leff Mal s _ Ku 6Ee� e*rgrt ▪ mog 0815 8344 00 1865 .EC 101K b1r 0140 0/6 clam Lx 06/13/2002 THU 14:33 (TX /RI NO 8043] 0 004