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R-02-06-13-14G5 - 6/13/2002RESOLUTION NO. R- 02- 06- 13 -14G5 WHEREAS, Texas Crushed Stone ( "TCS ")and Georgetown Railroad ( "GRR ") have previously entered an agreement whereby certain property owned by TCS and GRR would be designated an Industrial District, and WHEREAS, in consideration for the extension of the term of the Industrial District to December 31, 2004, TCS and GRR, have agreed to (1) convey three tracts of land containing a total of 5.080 acres for the expansion of the water treatment plant, (2) enter into a Water Line Easement for a potable water line across TCS land, (3) enter into a license agreement for the installation of the potable waterline across the GRR right -of -way, and (4) enter into an easement for roadway access to the water treatment plant property line from IH 35, and WHEREAS, the Council wishes to approve the extension of the Industrial District, 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 Fourth Agreement Extending Industrial District, 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 LOODMA\ WORLDOX\ 0 : \WDOX \RESOLOTI \R20613G5.WPD /SC 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, 20 CHRISTINE R. MARTINEZ, City Secretar 2 NY E0WELL, Mayor City of Round Rock, Texas FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT This Fourth Agreement Extending Industrial District (" this Agreement ") is made and dated effective this 31st day of May, 2002 by and among the City of Round Rock, Texas ( "City "), Texas Crushed Stone ( "TCS ") and Georgetown Railroad Company, Inc. ( "GRR "), and is as follows: RECITALS WHEREAS, heretofore, the City entered into an agreement with the Westinghouse Electric Corporation, ( "Westinghouse Agreement ") such agreement having been executed on the llth and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and Whereas, the Westinghouse Agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. (now codified in §42.044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, TCS and GRR purchased on June 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the property" and WHEREAS, TCS, GRR AND THE City extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ( "1985 Contract "), dated February 14, 1985 and recorded in Volume 1162, Page 406 of the Official Records of Williamson County, Texas, and corrected by a Memorandum of Correction dated May 23, 1985 and recorded in Vol. 1190, Page 622 of the official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that on certain Second Contract and Agreement Extending Industrial District ( "1988 Contract "), dated May 31, 1988 and recorded in Vol. 1720, Page 289 of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ( "1995 Contract "), dated May 25, 1995, and recorded as Document No. 9542043 of the Official Records of Williamson County, Texas, and FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 1 WHEREAS TCS, GRR and the City now wish to further extend the Industrial District status previously granted, Now Therefore, IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS: I . The City is in need of: 1) Five and eight one - hundredths (5.080), acres, more or less, of land for a water treatment plant expansion, (with provision that there shall be a 100 foot wide road way easement on the east side of the water treatment plant property adjacent to the GRR right of way to TCS) and 2) An easement including a temporary construction easement for a potable water line across TCS land, 3) A license agreement for the installation of the potable water line across the GRR right of way, and 4) An easement for roadway access to the water treatment plant property from Interstate Highway 35 (including an agreement to widen and improve the sight distance at the crossing of the railroad tracks). TCS and GRR hereby agree to convey the needed five and eight one - hundredths (5.080), acres (more or less), the potable water easement, the access road way easement to the City Water Treatment Plant property and to enter into a license agreement for a potable water line crossing the Railroad right of way. II. For and in consideration of the conveyance of the five and eight one - hundredths (5.080), acres (more or less), the conveyance of the potable water line easement, the conveyance of the new roadway access easement to the water treatment plant, the granting of a license agreement for the potable water line, the City hereby grants an extension from May 31, 2002 to December 31, 2004 of the Industrial District status previously granted Westinghouse and extended pursuant to the 1985 Contract, the 1988 Contract and the 1995 Contract. The Industrial District status shall apply to the property described in Exhibit A which is attached hereto and made a part hereof as if set out in full herein. The City will further, for the above described consideration, grant and convey the 100 foot wide road way easement next to the railroad right of way across the Water Treatment Plant property. FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 2 Except as otherwise stated herein, TCS and GRR agree that upon the expiration of this Agreement and when requested by the City, they will file with the City a written petition and request for annexation of the property described hereinabove not previously annexed. IV. TCS and GRR further agree that should they develop or sell for development all or any part of the Property, such portion developed or sold for development shall be subject to immediate annexation and the owner of the property shall petition the City for immediate annexation. So long as the property is a part of the Industrial District and being used as herein below defined, there shall be no taxes due to the City. It is further agreed that the owner of any portions of the Industrial District sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or the beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll -back taxes had that portion of the property been annexed into the City on the date of the sale of the property to be developed or the date that development was begun. As used herein, the term "develop" shall mean putting the property to any use except agricultural, limestone mining, railroad transportation use and related activities. V. As an additional assurance to the City that the property shall be annexed- when sold for development, developed or at the expiration of this extension, in addition to the petition referenced above, TCS and GRR herein request annexation by the City in this contractual agreement, with the condition precedent to such request that it is not to be acted upon prior to the property or portion thereof being sold for development, or developed or prior to December 31, 2004. In the event, for any reason, the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement. FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 3 VI. VII. The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas. The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the property. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the existing City Council and under which appropriate jurisdiction is had for the matters contained herein. VIII. If any word, phrase, clause, paragraph, sentence, part, portion or provision of this contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the contract shall nevertheless be valid and TCS, GRR and City hereby declare that this contract would have been entered into and enacted with such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions not included. EXECUTED in multiple originals on the dates indicated below. Date: ATTEST: CITY OF ROUND ROCK By: By: CHRISTINE R. MARTINEZ, NYLE MAXWELL, Mayor City Secretary FOURTH AGREEMENT EXTENDING INDUSTRIAL. DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 4 Date: Date: STATE OF TEXAS § § COUNTY OF WILLIAMSON § STATE OF TEXAS S s COUNTY OF WILLIAMSON S ATTEST: TEXAS CRUSHED STONE COMPANY By: By: C.W. Fraser, Secretary W.B. Snead, President ATTEST: GEORGETOWN RAILROAD COMPANY, INC. By: By: C.W. Fraser, Secretary W.B. Snead, Chairman of the Board 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: 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. Notary Public, State of Texas Printed name: FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCS, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE5 STATE OF TEXAS S COUNTY OF WILLIAMSON § This instrument was acknowledged before me this day of _, 2002, by W.B. Snead, Chairman of the Board of Georgetown Railroad Company, Inc., a Texas railroad corporation, on behalf of said corporation. mmsrEmo mmm o am.) D, .6II I mm Notary Public, State of Texas Printed name: My Commission Expires: FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 6 Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract IIA consisting of 260.39 acres. E; H/BIT "A' Page 1 of 11 EvansFieldunotess''describing and 68e of land in the Ephraim County, Texas; said tract being a portion of Survey in Williamson tract that was conveyed by deed dated Jul the 710fr from acre Lamoc Corporation to Westinghouse Electric Co , 1971 Ero recorded in the Williamson County Deed Records pint Vl u and page 80, and all of the 526.60 acre tract that wasco by deed dated October 18, 1971 from Leon E. Behrens and wife Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being more particularly described as follows BECINNINC at an iron pin set for the southeast corner of the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of the Georgetown Railroad; THENCE along the average line of a fence for the south line of the tract herein described the following courses; (1) South 85' 54' 42" West a distance of 835.47 feet to an iron pin found; (2) South 69' 28' 14" West a distance of 884.18 feet to a cedar post found (3) South 75' 10' 48" West a distance of 88.43 feet to a cedar post found ( South 68' 59' 10" West a distance of 2,355.65 feet to a creosote post found (5) South 70' 38' 31" We a distance of 119.60 feet to a creosote post found; (6) South 68' 46' 58" West a distance of 1,697.08 feet to an iron pin found (7) South 77' 49' 02" West a distance of 78.40 feet to an iron pin found; ( South 68' 02' 17" West a distance of 1,596.96 feet to an iron pin found (9) South 69' 01' 04" West a distance of 1,080.90 feet to an iron pin set for the southwest corner of the tract herein described; THENCE along the average line of a fence fr of the tract herein described the following courses. west line (1) North 20' 58' 25" West a distance of 2,698.73 feet to an iron pin set (2) North 67 45' 45" East a distance of 173.70 feet to an iron pin set; EXH:37T "\' TRACT IA .(3) North 21 00' 01" West a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin: for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses; (1) North 70 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced with an iron pin (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73' 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; (3) North 76 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the right having a chord of 612.99 feet bearing North 79' 41' 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; (5) North 76' 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86' 46' 27" East and a radius of 5.867.58 feet to a 30d nail found and replaced with an iron pin North 87' 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way of the Georgetown Railroad THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 0' 43'47 " East a distance of 907.61 feet to a 30d nail in a railroad tie found; (2) South 0' 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or less. (7) t, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. • OF JERRY BROTCS N41 '4 r is e / s)erry tr eks Ha le q' 2151 q /1egi ;( rod Public Surveyor No. 2154 /C• S�R £X1317 A Pacil 3 of 11 Field notes describing 260,39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curr in Williamson County, Texas: Said tract being the 153.014 acre tract conveyed by n Survey 1971 from Raymond ades Dated portion Westinghouse Electric wife, Gladys to Williamson County Deed Records in Volume i^ the and a portion of the 1,036.15 acre tract thaot v page 9 by deed dated July 23, 1971 from Lamoc Corpr io conveyed Electric Corporation and recorded in the WilliamsoncCounty 538, Deed Records in Volume Westinghouse acre tract that was convey ed ry tpbye 80, and ant at dll of the 82.23 1971 from Robert L. Bowers, e d September 2e, and Carl W. Burnette Individually e to Westinghot L. Bowers n Corporation and recorded in the Williamson County Deed Records in Volume 540,' page 68, and all of the 27.65 acre Marvin H. Parker and tract that was conveyed by deed dated August 3, 1971 from Electric Corporation and e recorded inatheriWo amsongCoune Deed Records in Volume 449, llio th County p acre tract that was conveyedbyedeed dated a0ctoberh18193 1971 from Leon E. Behrens and wife, Onie D, Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being corner of the above -said 88.23 acre tract conveyed to Westinghouse Electric Cor t r ie of -way line of Interstate Highwayi 355; ; 3 and in the west right_ y THENCE along the south line of the tract herein described the following courses; ( South 80' 46' 40" West a distance of 112.73 feet along a fence to an iron pin sec; (2) North 20' 14' 48" West a distance of 400.71 feet along a fence to an iron pin set; (3) South 85' 53' 09" West a of 1,650.58 feet to an iron pin set for the southwest corner of the tract heroin described, said southwest corner also being in the east right -of -way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 0' 51' 14" West, a distance of 6,445.92 feet to an iron pin found for the northwest corner of the tract herein described; No.- THENCE along the north line of the tract herein described 16" East, a distanc of 1,543.58 feet to an iron pin found for the northeast co, -ne,- corner also being the west °i the tract heroin ayslineeo said northeast . lntersta_e H.gh'.ay 35: s in right-of-way line o ri^ F 7 f TRACT IIA THENCE said the right- of -wayr escribed. Interstate Highway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2' 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2' 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found '(3) 597.76 feet along a curve to the left having a chord of 596.70 feet bearing South 8' 01' 07" East a radius of 2,914.8 ,feet to a Texas highway Department monument found (4) 381.42 feet along a curve to the right having a chord of 380.75 feet bearing South 8' 00' East and a radius of 1,859.9 feet to a Texas Highway Department monument found (5) South 2' 12' 52" East a distance of 187.22 feet to a Texas Highway Department - monument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South 15' 59' 02" west and a radius of 523.0 feet to a Texas Highway Department monument found (7) 968.37 feet along a curve to the left having a chord 905.19 us of 766.26feetntoSau radius Texas Highway Department monument found; (3) 331.15 feet along a curve to the right having a chord of 325.65 feet bearing South 20' 13' 10" East and a radius of 523.0 feet to a Texas Highway Department .monument found (9) South 2' 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2' 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, more or less. 1, Jerry Brooks Hale a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results o f _ 9round survey made under my direction on the 29th day an June n 1982. rooks Hale eyed Public Surveyor Ho. 2154 Description of two tracts of land, being Tract I consisting of 2,023.28 acres and Tract II consisting of 35.23 acres. EXHIBIT "A' Pa3e 5 c. . TRACT 1 Field notes describing 2,02).28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell being gall (Abstract Williamson County, of the 1 ,474,684acrtractconeyedXby deed d dated t June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Ele Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80. and being more particularly described as follows: BEGINNING at an iron pin found for the most easterly' northeast corner of the tract of land herein described, said corner.alsgbeing the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right -of -way line of the Georgetown Railroad THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad South 7° 00' 06" West a distance of 422.97 feet to an iron pin found, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56; THENCE along the north line of the above said City of Round Rock tract South 72' 14' 37" West a distance of 1,016.96 feet to an iron pin found for che northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of RuunJ Ruck tract Suuth 17" 47' 23" Bast u distance of 652.19 feet to an iron pin found for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round .Rock tract Horth 72' 14' 24" East a distance of 719.90 feet to an iron pin found for. the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being che west right -of -way line of the Georgetown Railroad, the following courses; (1) South 4' 18' 56" West a distance of 65.18 feet to an iron pin found (2) North 67' 51' 47" East a distance of 11.14 feet to an iron pin found (3) South 6' 23' 45" West a distance of 955.07 feet to an iron pin found; (4) 1,504.16 feet along a curve to the left having a chord of 1,503.15 ices bearing South 3' 09' 5S" West and a radius of 11,489.59 feet to an iron pin set; Page 7 of 11 .(5) South 0' 51' 01" East a distance of 407.61 feet to an iron pin found; (6) South 0' 51' 14" East a distance of 2 ,695.35 feet to a 30d nail found and replaced with an iron pin dorcth southeast corner of the tract herein THENCE along,the south line of the tract herein described the following courses; (1) South 87' 57' 18" -West a distance of 124.22 feet to a 30d nail found and replaced with an iron pin; (2) 224.69 feet along a curve to the left having a chord of 224.68 feet bearing South 86' 46' 27" West and a radius of 5,869.58 feet, to a 30d nail found and replaced with an iron pin; (3) South 76' 48' 34" West a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the left having a chord of 612.99 feet bearing South 79' 41' 43" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (5) South 76' 44' 56" West a distance of 7,502.43 feet to an 30d nail in rock found; (6) 652.77 feet along a curve to the left having a chord of 652.44 feet bearing South 73' 32' 09" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (7) South 70' 15' 54" West a distance of 492.06 feet to a 30d nail found and replaced with an iron pin for the southwest corner of the tract herein described THENCE along the average line of a fence for the west line of thu tract heroin described the following courses; (1) North 21' 02' 58" West a distance of 3 ,679.56 feet -to an iron pin set; (2) North 69' 49'.35" East a distance of 1,000.42 feet to a cedar post in concrete found (3) North 20' 28' 58" West a distance of 1.211.02 feet to an iron pin found; (4) North 20' 42' 10" West a distance of 4,877.31 feet to an iron pin found for the h r of the tract herein described; Wort west co me THENCE along the average line of a fence for the north line of the tract herein described the following courses; North 69° 17' 01 "East a distance of 2,187.71 feet co a cedar post found (1) (2) North 69° 04' 40" East a distances of 1 ,959:87 feat to a cedar pose found Page 8 � _f (3) North 69' 02' 20" East a distance of 2,021.65 feet to an iron pin set for the most northerly northeast corner of the tract herein described; THENCE along the average line of a fence for the east line of the tract herein described the following courses; (1) South 5' 27' 36" East a distance of 1, to a dead 36 inch Pecan tree; 552.71 feet (2) South 18' 09' 07" East a distance of 110.14 feet to a 2 inch drill stem found; ( South 87' 44' 21" East a distance of 44.64 feet to an iron pin found; (4) South 12' 11' 05" East a distance of 200.03 feet to an iron pin found; (5) North 79' 31' 55" East a distance of 50.27 feet to an iron pin found; (6) South 23' 22' 39" East a distance of 3.040.24 feet to an iron pin set; THENCE along the average line of a fence for the north line of the tract herein described the following courses; (1) North 68' 59' 48" East a distance of 1,079.76 feet to a cedar post found (2) North 51' 30' 13" East a distance of 43.49 feet to a cedar post found; (3) North 69' 15' 35" East a distance of 2,235.63 feet to an iron pin found; (4) North 80' 08' 33" East a distance of 47.20 feet to an iron pin found; (5) North 69' 29' 12" East a distance of 341.55 feet to an iron post found (6) North 69' 17' 27" East to a cedar post found; a distance of 1 ,033.48 feet (7) North 68' 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 2,023.28 acres, more or less. 1 , Jerry Brooks Hale, a REGISTEPED PUBLIC SUPVETOP., do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. • • F:%nIriIT 'p' ?n;e 'r of ,. erry,$fdpr55 f a l e .•� neniStered Public T urveyor Ila. 2194 • TRACT II Field notes describing 35.23 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas: said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed Records in Volume 537, page 93, and being more particularly described as follows: BEGINNING at an iron pin found for the northwest. corner of trace herein described, said corner also being the northwest corner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475, page 41, in the Williamson County Deed Records, and also being in the east right -of -way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87' 21' 23" East, a distance of 965.37 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 56.85 feet along a curve to the right having a chord of 56.84 feet bearing South 34' 18' 25" West and a radius of 1,095.9 feet to a Texas Highway Department monument found; (2) 1,023.42 feet along a curve to the left having a chord of 949.02 feet bearing South 2' 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument found; (3) 365.13 feet along a curve to the right having a chord of 363.44 feet bearing South 30' 49' 05" East and a radius of 1,095.9 feet to an iron pin in concrete found for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described South 72' 11' 19" West, a distance of 1,424.52 feet to a concrete monument set for the southwest corner of the tract. herein described," said corner also being in the east right -of -way line of the Ceorgc towm .Railroad; THENCE along the west line of the tract herein described. said west line also being the east right -of-way line of the Georgetown Railroad, North 6° 37' 05" East, a distance of 1,144.23 feet to the Point of Beginning and containing 35.23 acres of land, more or less. EX :D:- 'A' Page 10 of li I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on the ground survey made under my direction on the 29th day of June, 1982. i G erry' roe s late - Re f tered Public Surveyor N . 2159 STAIE 1ny�OW t>kr Ti 1 /d' • - I• Lcu,:+sox cam; TzuS EXHIBIT "A" Page 11 of 11 Doc# 9542043 A Pages: 16 Date : 09 -20 -1995 Time : 0 3:01:13 P.M. Filed S Recorded in Official ofI LIAMSON r Count ELAINE BIZZELL Ye TX. COUNTY CLERK Rec. $ 39.00 an r do ROUND R❑CK INDUSTRIAL DISTRICT R 1 V - 2000' I \ Sponsor: N/A DATE: June 7, 2002 SUBJECT: City Council Meeting — June 13, 2002 ITEM: 14.G.5. Consider a resolution authorizing the Mayor to execute the Fourth Agreement Extending Industrial District with Texas Crushed Stone and Georgetown Railroad Company. Resource: Jim Nuse, Public Works Director History: This Industrial District outlines terms and conditions whereby Texas Crushed Stone & Georgetown Railroad Company may continue to operate outside Round Rock City limits. The District was first created in 1978 and has been extended three other times. In exchange for the agreement of the City not to annex this property during the term of the Agreement, Texas Crushed Stone and Georgetown Railroad Company will convey property and grant easements and other considerations needed by the City Funding: The City agrees to forgo tax payments but does not pay for property and easements. Cost: N/A Source of Funds: N/A Outside Resources: Texas Crushed Stone, Georgetown Railroad Company Nancy Rister Williamson County Clerk P.O. Box 18 Georgetown, TX 78627 Re: Texas Crushed Stone and City of Round Rock Dear Ms. Rister: Enclosed please find the following original documents: RMC Enclosures 1. Deed. The original executed Deed from Texas Crushed Stone Company to the City of Round Rock; 2. Water Line Easement. The original executed Water Line Easement from Texas Crushed Stone Company to the City of Round Rock; 3. Pipeline License Agreement. The original executed Pipeline License Agreement from Georgetown Railroad Company to the City of Round Rock; and 4, Agreement. An original executed Ancillary Agreement between the City of Round Rock, Texas Crushed Stone Company and Georgetown Railroad. Please record the above - described original documents and retum in the enclosed envelope. Also enclosed is a check in the amount of $104.00 for the filing fee. Thank you for your assistance in this matter. If you have any questions or need additional information, please feel free to call. 0; \vdox\ COMA \gn1 \txcruaha\a0029677.WP0 /k9 Sheets & Crossfield, P.C. ATTORNEYS AT LAW 309 East Main Sneer • Round Rook, TX 78664 -5246 phone 512- 255 -8877 • fax 512- 255 -8986 June 27, 2002 Sincerely, Qo- A. vW.w\, QQ-1 -. Rose A. McMillin 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 2002048912 11 pgs 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 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. VI II. 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 Williathson 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: ATTEST: ATTEST: Date: 1w, Y / 7, Zoo v Date: ,ten c / 7 Z GD — CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 28, 2005 /2- O - / 3 - i y Gio ATTEST: CITY OF .d D 'O /✓ �I do T -- 1 Mayor B e• L/' n Christine R. Martinez, City Secretary TEXAS CRUSHED STONE ANY By: ✓ 1 ' -V Y: G 1 C. W. Fraser, Secretary W. B. Snead, President By: -% // � C. W. Fraser, Secretary STATE OF TEXAS § s COUNTY OF WILLIAMSON § GEORGETOWN RRAILROAD C• i'ANY Of By: �� /�■∎ W. B. Snead, Chairman of the Board T r� instrument was acknowledged before me this / day of Q / , 2002, by NYLE MAXWELL, Mayor of the City of Rock, Williamson County, Texas. � Notary Public, St to of xa s Printed Name: (9- /ri,5r� it :rna ;; /A z) My Commission Expires: 8 -Pe-05 AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY, INC. Page STATE OF TEXAS § COUNTY OF WILLIAMSON $ This strument was acknowledged before me this 1 day of , 2002, by W. B. SNEAD, President of Texas Crus Stone Company, a Texas corporation, on behalf of said corpo tion. STATE OF TEXAS COUNTY OF WILLIAMSON s instrument was acknowledged before me this r day of , 2002, by W. B. SNEAD, President of rgetown Railroad Company, Inc., a Texas corporation, on behalf said corporation. TCSC -RR. AGI - 701(02-034) KYHA 0. GIDDENS Notary Public, 51010 of Texas My Commission Expres MARCH 24. 2003 KYRA 0. GIDDENS . Nolary Pubic. Stale of Texas My Commission Swims MARCH 2 4 f 2003j S S 5 .d I l - - -'L/ .9.ai Not ;Public, Sfte of Texas Pri t-. Name: My Commission Expires: Note Public, Sta 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. r2lb Made and executed this ',I of , 2002. CITY OF ROUND ROCK, TEXAS STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the I2 day of , 2002, by Nyle Maxwell, Mayor of the City of Ro Rock, a Texas municipal corporation, on behalf of said municipal corporation.. CHRISTINE R. MARTINQ MY COMMISSION EXPIRES August28,2005 TCSC- ORR.IND WPBC /117 02-034 R- oa- o(- i3 -J4' /o * * INDEMNITY AGREEMENT CITY OF ROUND ROCK TO TEXAS CRUSHED STONE COMPANY Notary Public, State of Texas CNRIsr/NE R. infide T /AJ62 (Printed or typed name of notary) My commission expires: g - ,JR - 5 PAGE 2 CITY OF ROUNDROCK WATER TREATMENT PLANT S ISPEED) LIMIT JJ 25 WESTINGHOUSE ROAD OVERPASS EXHIBIT 'A' TRAFFIC SIGNS WATER PLANT ACCESS ROAD Jun 13 02 02:38p 0 100 200 300 400 O g O R 9 g 1° =200. TOO RAILROAD O M P A N Y r 7 T1 V 111 UR: F: /ISI /11830 COMPANY 1 9 LONE STAR INDUSTRIES u0Nr..lw OOy Maim 0.1. T11. Pp. s1♦ 100:( 2 s CITY OF ROUND ROC( Deg. 40532045 10.813 Sam, SKETCH TO ACCOMPANY DESCRIPTION OF A PROPOSED 1.499 ACRE ACCES5 EASEMENT OUT OF A P0011014 OF NAT 2023.28 ACRE TRACT CONVEYED TO TEXAS CRUSHED STONE COMPANY VOLUME ORO. PAGE 638, 1RACT 1, WSLAMSON COUNTY. 1EKA5. Na 11 0131 SO6'46'46'W 58.07 L4 51128•38'W L5 589.5514,-18 Ls S70Y1432'W 5083' 29.72' 40.00 L2 306'45'46'0 44.78' L3 51955 40.46' 1,7 N1955'28'W 40.00' LB 517'44'09"E 9.58' 1.9 87215"L1'W 40.00 110 N17"44 09 20.00 111 N11•28'36'E 150.01' CITY OF ROUND ROCK FN No.: 740R1 I ALE: 11830EK2R.dwg I DRAM BY: LM.R J PROJECT No.: 116 -30.06 fm OF ROUND ROC( 100' 0011 -69- 2AY 11 memoir Val. 436. IN, 44 Q �41 4 Q Gs 9 0 t 4. 0 y � \ 45 *c 4 , 1 • 0 1101E34 r /) =Mlle. N D 130 owner T6 M iilA1[ 1101171T OF OF rocri TNT CM WY . INS F S P 1 3 0 A Ouw ODER IEYIMO 1116 11110 11 AL 0131 2) ll[ SENala WOE r02 K sway' 02.310 T14 !OW IS (R IIONIIAL AND VDRfR 00 I PREY MC 9S alOVI >74 TEXAS CRUSHED 8 T O N VOL. 4 27. PG. 0 1 , P r I 8 INC. 6 AY 8q 2 49 83 0-0 . 11110 fisa 2•760 9.04111-6000 DATE: 06/13/02 Cn ! Lepplog 84821E011 0328) 010 -0001 Interstate Surve)4in6 OII.TRC 4231131008.841 080•11. V4 ST*. FR 871 "J 512 329 135' /9 (030 LEGEND ICOO.O 00090801 ME PE DI DOOR memo 01YWN4 [ODD MOWS IlInaltallai Pam KC MS Pa. CY m Ova I 11 0 0 1 114 CRY OF ROLND ROCK Vol. 853 Pg. 56 1300 Aar.a 00(8 DE LL LEGEND p.4 • I/. 14041NO FOUND V. 04 0 0LT ® WPM MN KO VOWS 4a N (01 10 • 0001'0004* MIND (01 O • 010 US N 1 MOMS Vat) CA Aim Paver Dm= OSEIIIME NSW EMUS Y4L00004 awn •.01. 10{1001.1 CANTS MT WORDS 0011E SIMS 00002 CRASSIM WIDENS IMAM I0WIC0 YC OCTAL OM DIE TSN61 511 IOTA O 0 0 00 19 Q1u10R1T LOGO FOIE Oa al Ira Ma ME 11001 O 191 MEAD SUM ISE 06/13/2002 THU 14:33 (TX /RI NO 80431 QJ004 Jun 13 02 02:37p 1.499 ACRES CITY OF ROUND ROCK ACCESS EASEMENT Interstate Surveying DESCRIPTION 512 329 8576 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) TRACT 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 h" iron rod for the northeast comer of said 2023.28 acre 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 'A" iron rod found being further located N06 °46'46"E, 420.56 feet from a found capped W' 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 proceeding 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 lime 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: 1) S70°04'32"W, 1342.00 feet to a calculated point for an angle point hereof; 2) S19 °55'28"E, 40.16 feet to a calculated point for an angle point hereof; 3) 511°28'36"W, 150.83 feet to a calculated point for an angle point hereof; 4) S17°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) 572°15'51 "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; 00/13/2002 THU 14:39 1TE /RE NO 80431 e002 Jun 1,3 02 37 P e FN NO 740R1 1.499 ACRES PAGE TWO STATE OF TEXAS COUNTY OF WILLIAMSON § MILLER, RP.L.S. STATE OF TEXAS NO.5121 INTERSTATE SURVEYING COMPANY 13740 N. HWY 183, BLDG. L Austin, Texas 78750 (feldmrm\PN 703 - 75015- 740RI.d°e) OSd �l,� Interstate Surveying 6) NI 7°44'09"W, 20.00 feet to a calculated point for an angle point hereof; 7) N11°28'36"E, 150.01 feet to a calculated point for an angle point hereof 8) NI9°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 512 329 8576 p.3 II) N70°04'32"E, 1442.12 feet to the POINT OF BEGINNING, containing 1.499 acres of land, more or less, within these metes and bounds. This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc., drawing file "11830ex2R.dwg ". KNOW ALL BY THESE PRESENTS § 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. FILED AND RECORDED OFFICIAL PUBLIC RECORDS e 06- 28- 2002`09 :12 AM 2002048912 ANDERSON $29.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS 00/13/2002 THU 14:33 (TX/RX NO 8043] a003 THE STATE OF TEXAS COUNTY OF WILLIAMSON § § DEED 2002048909 9 P 1 KNOW ALL MEN BY THESE PRESENTS: THAT, TEXAS CRUSHED STONE COMPANY, a Texas corporation ( "Grantor "), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to Grantor paid by the Grantee herein named, the receipt of which is hereby acknowledged, has granted, sold and conveyed, AND BY THESE PRESENTS DOES grant, sell and convey unto the CITY OF ROUND ROCK, a home rule city of the State of Texas ( "Grantee "), all of the following described real property in Williamson County, Texas, to -wit: Five and eighty one - hundredths (5.08), acres, more or less, consisting of a 1.892 acre tract, a 1.4999 acre tract and a 1.689 acre tract, all of said tracts being out of the EPHRIAM EVANS LEAGUE, Abstract No. 212, in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. Grantor reserves in this conveyance a right of way easement across the Eastern most One Hundred (100) feet of the tracts being conveyed in this deed. This right of way easement has a weight limitation restricting vehicles to no more than 80,000 pounds gross weight. This conveyance is made and accepted subject to the following matters, to the extent same are in effect at +this time: any and all restrictions, covenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in Williamson County, Texas, and all zoning laws regulations and ordinances of municipal and /or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns, forever; and Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, subject as aforesaid, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under Grantor and not otherwise. SPECIAL WARRANTY DEED FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 1 EXECUTED this 1 - 7 day of U n-) F , 2002. STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the J7 16 day of R , , 2002 by W.B. SNEAD, President of TEXAS USHED STONE COMPANY, a Texas corporation, on behalf of said orporation. GRANTEES ADDRESS: CITY OF ROUND ROCK 309 EAST MAIN ROUND ROCK, TEXAS 78664 PREPARED IN THE LAW OFFICE OF: W.H. Connor 624 South Austin Ave. Georgetown, Texas 78628 After recording return to: Christine R. Martinez City Secretary City of Round Rock 221 E. Main Street Round Rock, Texas 78644 TXCRUSHED.WDE WPBC#I 17 (02034) 6172002-DRAFT TEXAS CRUSHED STONE COMPANY By: W.B.SNEAD, PRESIDENT SPECIAL WARRANTY DEED FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 2 99■ T1 8 131,01- ♦S CITY Of ROUND ROCK 100' RAT -0F -WAY R PxSOCTt VAL Oft, 7 . W y z NOTES: 1) 0115 SURVEY TM IRVI45 81114u1 TIE PEACE IT OF A TITLE COY1114NT 2100 IS 11AJECT TO TK STATE OF FACTS TKAT of WT COMIC 10 AMITIOWL SESEMICTI 077tH TWA AS 91001 • IUS PERFORM/ K 174145TATE 0(5LT140. INC. 2) 174 K05444 OASIS FOR M S.RKT 1140•••7101 M454 macs/ /1 1 14 MOIL IA.R• LL 4571550. BMW lat 03 PROVIDE° *T " 00035(0. 0 1611( TEXAS C R U S H E D STONE C O M P A N Y VOL. 4 2 7 PG. 4 1 EXHIBIT # A PAGE # 3 INTERSTATE SURVEYING. INC. Pretsssio.1 Surveying 9 4 Mspplog S*r.ioes 33740 s zny MM m41 r.-4 (03) 078"3(26 4o.W 1fr0. 70710 FAX 076 -3122 . 1n-• lnnr n.n. c. An. /a IR>n 0 100 200 300 400 1"=200' p 0 LONE STAR INDUSTRIES RI417-0r -VAT TAIDCIT V{ 711. Pg. 211. TRACT 2 LC.RA. ELECTRIC 110 79 EAIDCN V01. ink Pg. VI LEGEND 0610 MEM ••••101 91005 CCM •••••• M. DA PCN NM Nog RTMIO DEOOWI• VOL Me PC ax 1464 1 VOL WA 071 CITY OF ROUND ROCK Vd. 659 Pq. 56 13.00 Acres 0 O. 0 CP SKETCH TO ACCOMPANY DESCRIPTION OF A PROPOSED 1.692 ACRE TRACT (PARCEL 'A7 OUT OF A PORTION OF 1NAT 2023.26 ACRE TRACT CONVEYED TO TEXAS CRUSHED STONE COMPANY VOLUME 660. PACE 634 TRACT 1, MMIIAMSON COUNTY. TEXAS. RI kb. • 711 FCC F. 11RS11CVI. A...n 1 TIR•WM RV. 9 LEGEND • 1/Y NMI 1oO wuo 1/2 RN RM S07 • *NW ON IM RIM • NO DM M10 • ONION 0901E 0060 • 45 M COCK* (COMM •084 A MOANED PONT 54045 comma 11010) 11:RPx rmeca r Pm mom *CPA mummer UMW MT =CMS PALL ROO 11111T1 TAYLOR 0E. MOM ELITISM 61. RUM K4107 WE • 1(TK TEE UM 1016t Oo S1EET 245 $ ••• 000E 4. DOM an- - coot or PA500N •-• 1000 FENCE 000,4 MT MCC ICE IDICE b.a• 0.91 LEAD V(TN LW o ` . . RECORDERS MEMOR/A All or parts of the text on this page Was not r clearly legible for satisfactory recordation. F 00 — CRY Or ROUND ROCK Dos. 99542045 10.619 Aar• Distant 50.00' 9*arin N17 44'09'W 4.1 Lt L2 S06'46'46'W 54.95 TEXAS C R U S H E D STONE C O M P A N Y V OL.160. P0.1*s, TRACT 0 0 2/. 2 1 Aar .. CITY OF ROUND ROCK 1 11 R_ 1 WTYIFCT Nn .• 118 -30.16 • PARCELS "A" & "B" PARCEL "A" DESCRIPTION FN NO 761 MAY 6, 2002 JOB NO. 118 -30.06 OF TWO TRACTS OR PARCELS OF LAND OUT OF AND PART OF THE EPHRIAM EVANS LEAGUE, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT 2023.28 ACRE TRACT IDENTIFIED AS TRACT I, CONVEYED TO TEXAS CRUSHED STONE COMPANY BY DEED RECORDED AS VOLUME 880, PAGE 638, OF RECORD IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; THE SAID PARCELS "A" & "B" BEING ADJACENT TO TWO TRACTS OR PARCELS OF LAND CONVEYED TO THE CITY OF ROUND ROCK (13.00 ACRE TRACT BY VOLUME 853, PAGE 56 AND 10.813 ACRE TRACT BY DOCUMENT #9542045) OF RECORD IN THE SAID OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a ''A inch iron rod with a plastic surveyor's cap found for the northeast comer of a tract of land conveyed to the City of Round Rock in said Volume 853, Page 56 of the Official Records of Williamson County, Texas, said found iron rod being also in the west line/right -of -way of lands of Georgetown Railroad Company as conveyed in Volume 429, Page 179 in the said Official Records of Williamson County, Texas; THENCE, along the north line of said lands of the City of Round Rock S72°15'51 "W, and continuing along the north line of another tract conveyed to the said City of Round Rock in said Document #9542045 of the said Official Records of Williamson County, Texas, for a total distance of 1637.21 feet to a cotton spindle found for the northwest comer of said second tract conveyed to the City of Round Rock (Document !19542045); THENCE, leaving the north line of said lands of the City of Round Rock and proceeding, across said 2023.28 acre tract the following three (3) courses and distances: 1) N17 °44'09 "W, 50.00 feet to a 14" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the northwest corner of the herein described Parcel "A "; 2) 1772 °15'51 "E, 1660.01 feet to a 'h" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the northeast corner of the herein described Parcel "A ", said'' 'A" iron rod set being in the said west line/right-of-way of lands of Georgetown Railroad Company, said ;" iron rod set also being located S06 °44'46 "W, 365.61 feet along said west line/right-of-way of lands of Georgetown Railroad Company from a bent ' '1," iron rod found for the northeast comer of the said 2023.28 Acre tract; 3) S06 °46'46 "W, 54.95 feet to the POINT OF BEGINNING, containing 82,430 Square Feet (1.892 Ac,) of land area, more or less, within these metes and bounds. This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc., drawing file "11830EX3.dwg ". PARCEL "B" BEGINNING at a 'A inch iron rod set with a plastic surveyor's cap set (Interstate Surveying, Inc.) for the southeast corner of a tract of land conveyed to the City of Round Rock in said Document #9542045 of the Official Records of Williamson County, Texas, said 14" iron rod set being also in the west line/right-of- -way of lands of Georgetown Railroad Company as conveyed in Volume 429, Page 179 in the said Official Records of Williamson County, Texas and being located S06 °44' 15 "W 54.94 feet along the east line of said lands of the City of Round Rock and the said west line/right-of-way of lands of Georgetown Railroad Company from a capped'' 14" iron rod found at the southeast corner of the first tract conveyed to the said City of Round Rock (Volume 853, Page 56); THENCE, S06 °44' 15 "W 12.24 feet along the east Tine of said lands of Texas Crushed Stone Company (Volume 880, Page 638) and the said west line/right-of-way of lands of Georgetown Railroad Company, to a calculated angle point in the said common line between lands of Texas Crushed Stone Company and lands of Georgetown Railroad Company, said calculated angle point being located S70°34'52 "E, 11.40 feet from a' '4" iron rod found in concrete for another angle point in said common line of same; EXHIBIT # A PAGE # . PARCELS "A" & "B" PAGE TWO FN NO 761 MAY 6,2002 JOB NO. 118 -30.06 THENCE, leaving the said common line of said lands of Georgetown Railroad Company and lands of Texas Crushed Stone Company and proceeding, across said 2023.28 acre tract the following three (3) courses and distances: 1) S06 °44'15 "W, 42.70 feet to a ''A" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the southeast corner of the herein described Parcel "B"; 2) S72 °15'03 "W, 1294.96 feet to a Va" iron rod set with a plastic surveyors cap (interstate Surveying, Inc.) for the southwest corner of the herein described Parcel "B "; 3) N17 °44'09 "W, 50.00 feet to a capped W' iron rod found for the southwest corner of the second tract of land conveyed to the said City of Round Rock (Document #9542045), and being the northwest comer of the herein described Parcel "B "; THENCE, N72 ° 15'03 "E, 1317.72 feet along the south line of said lands of the City of Round Rock and a north line of said lands of Texas Crushed Stone Company to the POINT OF BEGINNING, containing 65,312 Square Feet (1.499 Ac,) of land area, more or less, within these metes and bounds. This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc., drawing file "11830EX4.dwg ". STATE OF TEXAS COUNTY OF WILLIAMSON § 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 6th DAY OF MAY, 2002 A.D. BLAINE J.'fv1II LER R.P.L.S. STATE OF TEXAS NO.5121 INTERSTATE SURVEYING, INC. 13740 N. HWY 183, BLDG. L-4 Austin, Texas 78750 (FN 731- OO\FN - 76t) KNOW ALL BY THESE PRESENTS EXHIBIT# ,.. .,.u PAGE # . 1.689 ACRE TRACT DESCRIPTION FN NO 765 JUNE 4, 2002 JOB NO. 118 -30.06 OF A 73,575 SQ. FT. (1.689 ACRE) TRACT OR PARCEL OF LAND OUT OF AND PART OF THE EPHRIAM EVANS LEAGUE, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT 2023.28 ACRE TRACT IDENTIFIED AS TRACT 1, CONVEYED TO TEXAS CRUSHED STONE COMPANY BY DEED RECORDED AS VOLUME 880, PAGE 638, OF RECORD IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; THE HEREIN DESCRIBED 1.689 ACRE TRACT BEING ADJACENT TO A TRACT OF 1.892 ACRES OF LAND INTENDED TO BE CONVEYED TO THE CITY OF ROUND ROCK (PARCEL "A", FIELDNOTE No 761, INTERSTATE SURVEYING, INC.) BY SAID TEXAS CRUSHED STONE COMPANY AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a ' inch iron rod with a plastic surveyor's cap found for the northeast corner of a tract of land conveyed to the City of Round Rock in said Volume 853, Page 56 of the Official Records of Williamson County, Texas, said found iron rod being also in the west line/right -of -way of lands of Georgetown Railroad Company as conveyed in Volume 429, Page 179 in the said Official Records of Williamson County, Texas; THENCE, along the east line of the said 1.892 Acre tract (Parcel "A ") intended to be conveyed to the City of Round Rock, N06 °46'46 "E, 54.95 feet by said Texas Crushed Stone Company and in the said west line/right -of -way of lands of Georgetown Railroad Company to a'A" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the northeast comer of the said 1.892 Acre tract (Parcel "A ") and the POINT OF BEGINNING of the herein described 1.689 acre tract; THENCE, along the north line of said 1.892 Acre tract (Parcel "A ") S72 °15'51 "W, 490.30 feet to a 'A" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the southwest corner of the herein described 1.689 Acre tract; THENCE, leaving the north line of said 1.892 Acre tract (Parcel "A ") and proceeding, across said Texas Crushed Stone Company 2023.28 acre tract the following three (3) courses and distances: 1) N06 °46'46"E, 153.74 feet to a ,4" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the northwest corner of the herein described 1.689 Acre tract; 2) N69°55'51 "E, 500.00 feet to a 'W' iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the northeast comer of the herein described 1.689 Acre tract, said Y" iron rod set being in the said west line/right -of- way of lands of Georgetown Railroad Company, said ''A" iron rod set also being located S06°44 '46"W, 189.50 feet along said west line/right -of-way of lands of Georgetown Railroad Company from a bent ''A" iron rod found for the northeast corner of the said 2023.28 Acre tract; 3) S06 °46'46 "W, 176.11 feet to the POINT OF BEGINNING, containing 73,575 Square Feet (1.689 Ac.) of land area, more or less, within these metes and bounds. This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc., drawing file "I 1830EX5.dwg ". STATE OF TEXAS COUNTY OF WILLIAMSON § . d44 BLAINE E J. MILLER, STATE OF TEXAS NO.5121 INTERSTATE SURVEYING, INC. 13740 N. HWY 183, BLDG. L-4 Austin, Texas 78750 KNOW ALL BY THESE PRESENTS 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 4th DAY OF JUNE, 2002 A.D. (FN 751- 8001FN -765) EXHIBIT # PAGE # 5 , ITS:, 111L lwKY 1110 7bPlOD II810T 11C 10Er1r Or A Tlnc 040111101T .YQ 11 !MICR TO 00 VAN Or FACTS TINT 00 wr COM5A111. 1D 0001f1W41. I100110I 0na moo 43 7100. 105 PO001E0 Or 111TOOTATC SAT0T101. INC. TIE 1(43110 0715 PM 114 OOSCY I•001.0101 0001 10501 10 IMO 01 TOO funlfO 6040003 MAO 0.4(1L �11CP /I 50 1011701144 ANC 1 011CAL 0731 ME A! NOVI 05 C41 i01 0 Nd6r. DRG ETD YYN R VOL, 0 100 200 300 400 1"=200' (1 LEGEND LEGEND (Rh Ma= 1r00*055 8003 0* (0O.A1 •• `AL SA PC. PP mum x'1 0000 MOOO(I0YA10N WA. 660 IO. 006 Tna1 I0NO 1.a•unul Wt. 676, PO 1171 :....1 WIMP' Va. 114 h CPI CM' Of ROUND ROCK DETAIL Vol. 659 N. 56 N.T.S. 13.00 A.. 4 6 ` V 5)40 4 00 P t 04 . 6 4 INTERSTATE SURVEYING, INC. P7ere•.oa01 Surveying B ! Yapping SW11446 4 9740 /6 Ng 100, 60/g 4-4 (102,11W4-0364 A rta nor 76760 Far 66 -6000 Op 0 4 . 1 b t ^ - d tv. .(' f out PPS 9 � , � c moo,, n !^ PG �tA 0 4- S C! y . 0 '' .0 e o .' "; 44 C � oy c" ro 9 P ppy, • B C °tv • d 0 B • 1/1 POP AC6 MAO 1• WWI II001C7 • 4.«m .On 006 MAD • 100 NAL (0.O • COTTON 050* 70.0 ▪ MR N WIIMCT0 (Crnna. NOM) e O.IOLA06 PONT 03161 •00010 06061 •rJ17A. NW. SCPA OIIWOM 00105 MT KOPP. PNL 70.10 21171! LO MAT 6L WNW 04001 LL 0X6•17 000 t} Ia1At U6 011. 10111 04 MIT UN0' e P WS 1CCS J, 051 0• 1 ma 64 •AN]p11 00 MCI OWN UK m10< .4-4- rE "MCC --. 0•I 1(76 3117, IAE A .4 EXHIBIT # �..,�.•....a• PAGE # ._.,. 0 11 L2 (Li) 13 0 SO6'4414'W N70'34 5 (156696161g1 506 4415'W 14 (44) L5 606'4415'W I50646 NIT44b0 064(01)0• 1224 11.40' (1 42.70' 54.04' 50 64 __0 50. SKETCH TO ACCOMPANY DESCRIPTION OF A PROPOSED 1.490 ACRE TRACT (TRACT b') OUT OF A PORTION OF THAT 2023.28 ACRE TRACT CONVEYED TO TEXAS (BUSIED STOW COMPANY VOLUTE 66q PAGE 638, TRACT 1, MRIJAMSON COUNTY, TEXAS. CITY OF ROUND ROCK DATE: 05/03/021 DIR: F:/ISI/11830 FN No.: 761 I FILE: 11830EX4.dwg I DRAWN BY: LM.R. I PROJECT No.: 118 -30.06 CITY OP ROUND ROCK l oo . RIONT O - R0,T k EASEMENT Vol. 636 Pg. 64 NOTES: R) - — — -EXHIBI PAGE # b THIS SURVEY DAS PREMED RI501T THE sac, IT GF A TITLE COYITIF.NT AND IS SOJECT TO TE STATE CF FACTS THAT Nay MY CONTAIN ID ADDITIONS RESEARCH OTTER THAN AS SHIM , WAS PERFDRYm BY INTERSTATE 0RKT1140. INC. 125 6EMIN6 OASIS FOR DE SUDSY IKO6WTI01 SWAN KREON IS BASED ON IDS SURVEY IMEDITS 51200 ON-SITE. (NM 61 8 IFP (2) a meta. 201TAL CU AND VORTICAL DAIW ME AS PINVIDED 6Y P, DRESSER, INTERSTATE SURVEYING. INC. PTofaacoo.i Surveying • & Mapping Service. 43740 tin 0.7 1611 sm, L -4 (NMF) 219 -5566 INEtm Tsaa 70750 FIX 215 DATE: 06 /03/02 I DIR: F: /ISI/11830 FN No.: 765 r s x e * a e C U 8 2 Oap2 5 a e r4N 4 R r 0 50 100 150 200 1" =100 SKETCH TO ACCOMPANY DESCRIPTION OF A PROPOSED 1.689 ACRE TRACT OUT OF A PORTION OF THAT 2023.28 ACRE TRACT CONVEYED ED TEXAS CRUSHED STONE COMPANY VOLUME 880. PAGE 638. TRACT I, MIWAMSON COUNTY. TEXAS. RO FILE: 11830EX5.dwg I DRAWN BY: L.M.R. 1 9eoAnq 506'46 46'W Nn L1 L2 L3 N06'46'46 t 506'46'46 "W Distance 176.11' 153.74' 54.95' oamm (Ix00 LEGEND 0030 RECORD INFCRMATICN VOL 651 PG 56 MOM 0FD1ed5O1 ea_ 657. P0. a4 (07X) RECORD 6VFCRMATION DOC 0567018 p0Sq RECORD REFORMATION Wt. 665 PG 636 Traci. RECORD 01FORMATICN VOL. 576 PG 571 CITY O r ROUND ROCK ■ A T E R T R E A T M E N T r A C I L I T CITY OF ROUND ROCK Vd. 653 P. 56 13.00 Aare. • 1/2' RCN ROD KUNO .7 1/2 IRON ROD SET Q CAPPED IRON ROO FOUND • 605 NAIL FOUND D COTTON SPINDLE FOUND • D195 N CONCRETE (CONTROL MO D CALCULATED POINT (UNLESS 010IERMISE NOTED) 056-PR. WWAMSON COUNTY REAL PROPERTY RECORDS W.CP TMWIL501 COUNTY PLAT RECOt: P.50. PUBLIC UTUTY EASEMENT D.E. DRAINAGE EASEMENT B.L BULDINC SETBACK UNE Qc METAL q.EC um. TDMER 0.8 STREET UCNT pj POMER POLE I, DONN OUT -Al— EDGE CF PAVEMENT TA7CO FENCE CRAN LNK FENCE —M-6- MIRE FENCE -au- OVER READ U71UIY UNE CITY OF UND ROCK PROJECT No.: 118 -30.06 30 q � �r1cz VLo Igo &q FILED AND RECORDED OFFICIAL PUBLIC RECORDS etiRGiQK O6 -2B- 20009:12 AM 2002040909 ANDERSON $25.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS WATER LINE EASEMENT - 200204890 8 Pes THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON S That Texas Crushed Stone Company, a Texas corporation, herein called Grantor, for a good and valuable consideration paid by the City of Round Rock, a home rule city of the State of Texas, herein called Grantee, receipt of which is hereby acknowledged, does hereby Grant, Sell and Convey unto Grantee as easement and right - of -way in and under the following described property in Williamson County, Texas, to -wit: See Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas, and to rights of third persons under documents of record in the office of the County Clerk of Williamson County, Texas, to the extent , and only to the extent, that the same may still be in force and effect. Grantor hereby binds itself and its successors to warrant and forever defend the above described right -of -way easement unto Grantee, its successors and assigns, subject as aforesaid, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under it but not otherwise. The right -of way easement, rights, and privileges hereby granted shall be used solely for the purpose of placing, constructing operating, repairing, maintaining, rebuilding, replacing, relocating, and removing one (1) potable water transmission pipeline with all necessary conduits, casing, valves, manholes, ventilators and appurtenances. Except as otherwise stated, the right -of -way easement and other rights and privileges hereby granted shall be perpetual; provided, however, the right of way easement and all other privileges hereby granted shall automatically cease, terminate and revert to Grantor, its successors and assigns, in the event said pipeline is abandoned or shall cease to be used for a period of five (5) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights in and under the hereinabove described strip of land consisting of the herein described easement to any third party without the express written consent of Grantee, which consent shall not be unreasonably withheld. In this regard, Grantee shall have the right to review any proposed easement or conflicting use of right -of -way easement to determine the effect, if any, on the water line contemplated herein. Prior to granting its consent for WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 1 the other easements, Grantee may require reasonable safeguards to protect the integrity of the water line. In connection with and for the duration of the right -of -way easement hereby granted, Grantee shall also have and enjoy the following rights: (a) the right to grade the above described strip of land for the full width thereof; (b) The right of ingress to and egress from said easement by means of existing or future roads on Grantor's property as shall occasion the least practicable damage and inconvenience to Grantor; the foregoing right of ingress and egress applies during the period of construction as well as otherwise, but shall be limited to the above state purposes of this easement. (c) the right from time to time to trim and to cut down and clear away any and all trees immediately adjacent to either side of the strip which now or hereafter in the reasonable opinion of Grantee may be a hazard to the pipeline and appurtenances by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided that Grantee shall properly remove and dispose of such brush and trees at Grantee's expense; (d) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; provided that Grantee shall provide and use locks on such gates and shall furnish Grantor a key to each lock; (e) the right to mark the location of the right -of -way easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. Grantee hereby covenants and agrees as follows: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip, clean up and remove boulders and properly dispose of any debris upon completion of operations for construction, repair, or replacement, and repair any damage it shall do to Grantor's roads or lanes; (c) Grantee shall defend, indemnify and hold harmless Grantor from and against all claims, losses, judgments and WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 2 liabilities for or on account of property damages, personal injuries or death arising out of or in connection with the exercise of the rights and privileges hereby granted; (d) Grantee's rights of use of the above described strip and rights of ingress and egress are strictly limited to the purposes herein provided and shall not include any right to enter upon, or to conduct surveys, investigations or inspections of or on, any property of Grantor; and Grantee convents and agrees that it will not permit or allow any officer or employee of Grantee, or any third person, access to the above described strip or to conduct any activity thereon, except only for the use and purposes stated herein and as expressly authorized herein. Grantor hereby retains and reserves the right to construct road, parking lot, railroad track and spur crossings over the above described strip; and in the event Grantee requires any casings or supports to be installed or constructed for the protection of its water line, Grantee agrees to pay all costs of protecting the water line for the first three (3) such crossings, and for each crossing constructed after the first three (3) Grantor shall bear the costs of any required protection (provided that Grantor shall not be required to provide greater protection that provided of the first three (3) crossings. For purposes of the preceding sentence, a crossing consists of one road, parking lot, track or spur at an angle of no less that ten (10) degrees. Grantor also retains and reserves, and shall continue to enjoy, the surface of such strip of land for any and all purposes which do not interfere with and prevent the use by Grantee of the above described right -of -way easement (including, without limitation, the right to build and use the surface of said strip of land for drainage ditches and driveways, alleys, walks, gardens, lawns, and other similar uses and or to dedicate all or any portion of the strip to any city or county for use as a public street, road or alley) , provided Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or substantially diminish or add to the ground cover over the pipeline. Before constructing any crossing or improvements on the strip, Grantee shall give Grantor at least ten (10) days advance notice of the general plans of the crossing or improvement to be constructed on the strip. In connection with the construction of the contemplated water pipeline hereunder, Grantee shall have the right to use as a temporary work area up to a fifty foot (50') wide strip of land immediately adjoining the southerly and easterly boundary of the strip of land described in Exhibit A hereto; provided, however, all rights of grantee to use said temporary work area shall terminate automatically upon completion of the construction of said raw water WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 3 pipeline. EXECUTED this CHRISTINE R. MMRTINEZ MY COMMISSION EXPIRES - s;f August 28,2005 WATERLIN.EAS WPBCJII7 (02W4) 2 -O - Dlo -l3 -1149 STATE OF TEXAS § § COUNTY OF WILLIAMSON § STATE OF TEXAS § § COUNTY OF WILLIAMSON § KYRA 0. GIODENS JI, Notary Public, State of Texas M CommadonEXOires Z o,. MARCH 24, 2003 day of TEXAS CRUSHED STONE COMPANY By: CITY OF ROUND ROCK , 2002. W.B. Snead, President This instrument was acknowledged before me this /J day of , 2002, by Kyle Maxwell, Mayor of the City of Round R k, Williamson County, Texas, on behalf of said city. Notary Public, §tate of T xas Printed name: 2l5rWu6 K. MRETMA Z My Commission Expires: 8- a8-n- This instrument was acknowledged before me this I,_' day of , 2002, by W.B. Snead, President of Texas Crushed tone Company, a Texas corporation, on behalf of said corporation. Noa ,Public, St. of Texas Printe• name: WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE TCS Waterline Page 1 of 2 DESCRIPTION FOR A 1.444 AC WATERLINE EASEMENT OUT OF THE JOHN POWELL SURVEY, ABSTRACT NO. 491, AND THE EPHRIAM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAID EASEMENT BEING A PORTION OF THAT CALLED 35.23 ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED STONE BY DEED RECORDED IN VOLUME 880, PAGE. 640 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a concrete monument found on the east line of said 35.23 Acre tract, same being the west right -of -way line of 111-35, said point being located along a curve to the left, having a radius of 1095.90 feet, a central angle of 02 °56'34 ", an arc distance of 56.29 feet, and a chord which bears S 34 °45'27" W for a distance of 56.28, from the northeast corner of said 35.23 Acre tract ; THENCE with the east line of said 35.23 Acre tract, and said west right -of -way line, along the arc of a curve to the left, having a radius of 766.20 feet, a central angle of 04 °02'01" an arc distance of 53.94 feet, and a chord which bears S 34 ° 11'32" W for a distance of 53.93 feet to the northeast corner and POINT OF BEGINNING hereof; THENCE continuing with said line., along the arc of a curve to the left, having a radius of 766.20 feet, a central angle of 02 °41'34 ", an arc distance of 36.01 feet, and a chord which bears S 30 °49'44" W for a distance of 36.01 feet to an angle point hereof; THENCE departing said line, through the interior of said 35.23 Acre tract, the following four (4) courses and distances: 1) S 87 °15'25" W a distance of 778.14 feet to an angle point hereof, 2) S 09 °48'25" W a distance of 511.75 feet to an angle point hereof, 3) S 54 °48'25" W a distance of 39.44 feet to an angle point hereof, and 4) S 07 °33'21" E a distance of 1048.65 feet to a point on the south line of said 35.23 Acre tract, same being the north line of that called 7.97 Acre tract of land conveyed to Teco Westinghouse Motor Co., by deed recorded in Volume 537, Page 93 of the Deed Records of said County, for the most southeasterly comer hereof; THENCE with the south line hereof, same being the south line of said 35.23 Acre tract, and the north line of said 7.97 Acre tract, S 72 °13'32" W a distance of 55.25 feet to a point for the southwest corner of said 35.23 Acre tract and the northwest comer of said 7.97 Acre tract, said point also being on the east line of the Georgetown Railroad, as EXHIBIT # PAGEr # 1 , TCS Waterline Page 2 of 2 point for the southwest corner of said 35.23 Acre tract and the northwest corner of said 7.97 Acre tract, said point also being on the east line of the Georgetown Railroad, as described by deed recorded in Volume 475, Page 41 of the deed records of said county, and the most southwesterly corner hereof; THENCE with the west line of said 35.23 Acre tract, same being the east line of the Georgetown Railroad, N 06 °39'18" E a distance of 43.65 feet to an angle point hereof ; THENCE departing said line, through the interior of said 35.23 Acre tract, the following five (5) courses and distances: 1) S 82 °53'30" E a distance of 30.62 feet to an angle point hereof, 2) N 07 °33'21" E a distance of 1050.78 feet to an angle point hereof, 3) N 54 °48'25" E a distance of 26.52 feet to an angle point hereof, 4) N 09 °48'25" E a distance of 523.38 feet to an angle point hereof, and 5) N 87 °15'25" E a distance of 822.11 feet to the POINT OF BEGINNING and containing 1.444 Acres of land more or less. All bearings are grid bearings based on the Texas State Plane Coordinate System, Central Zone, NAD83, per GPS Survey Performed in July, 201 1 BAKER - AICKLEN & ASSOCIATES, INC 203 E. Main Street, Suite 201 Round Rock, TX 78664 W:\PROJECTS\HDR \Water Improv\Doc \TCS- ESMT.doc 285 -71620 awrence A. Hunt R.P.L.S. #J}328 /1 06 o/ EXHIBIT* Q , PAGE # 2 76UM660 DELTA CHORD BEARING 040165 ARC LENGTH CHORD LENGTH CI 02'56'34' 5 54•45'27' W 1095.90 56.29 56.20 22 04.02'07 5 34.1152' W 766.20 53.94 55.93 C3 02.41'34' S 30'49'44' W 76620 36.01 36.01 C4 69•5211' 6 05 E 766.20 934.35 877.52 25 38'13'54' 4 21.13'07' E 1095. 731.90 718.37 TECO WESTINHOUSE MOTOR CO. 537/93 7.97 AC D.R.W.C.T. 0 GEORGETOWN RAILROAD 475/41 •' =TEMPORARY •DMI DACE E S Nix v Lawrence 4. Hunt, R.P.L5. 04328 203 E. Main, Suite 201 Round Rock, T% 78664 SKETCH TO ACCOMPANY DESCRIPTION TEXAS CRUSHED STONE 880/640 35.23 AC D.R.W.C.T. to Ow/ IH -35 \ \ BEGINNING FOR REFERENCE BY: C.C.W. JOB No.; 285- 716 -20 LEGEND ( ) • RECORD INFORMATION • • 1/2 IRON ROD FOUND ■ = CONCRETE MONUMENT FOUND NUMBER 11 L2 L3 L• L5 BEARING $ 54 W 3 72 W N 06•39'18' E 9 92 E N 54.40'25' E DISTANCE 39.44' 55.25' 4 3.65' 30.62' 26.52' TEXAS CRUSHED STONE 427/615 93.65 AC EXHIBIT 'A' � B■ker- Alckl■n 8 Assoclstes, Mo. Enyln•en /Surveyors File; W: \ PROJECTS\ 9 09 \WESTINGHOUSE\ DWG \TCS- ESMTAWC �Y�c e�s �! 1�19da��L2C FILED AO RECORDED OFFICIAL PUBLIC RECORDS 06 -28 -2002` 09:12 AN 2002048910 ANDERSON $23.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS PIPELINE LICENSE AGREEMENT This Pipeline License Agreement (the "License ") is made and entered into effective the date last executed herein be- low, by and between Georgetown Railroad Company, a Texas cor- poration ( "GRR "), as licensor, and the City of Round Rock, Texas ( "Round Rock "), as licensee. W I T N E S S E T H: WHEREAS, the City of Round Rock desires to construct a forty -eight (48) inch pipeline, with a sixty (60) inch steel incasement, for the transportation of water (the "Pipeline "), which Pipeline will cross under the tracks of GRR; and WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and maintain the Pipeline; NOW THEREFORE, the parties hereby agree as follows: Article I License Granted; Term; Consideration 2002048911 9 1=. e5 For and in consideration of the mutual covenants and contracts herein contained, GRR hereby grants to Round Rock l3 /yG a license to construct and maintain the Pipeline to cross under GRR's main line track and side track, 1581 feet north of Mile Post 5 and 1,094 feet south of the former common boundary line between Texas Crushed Stone Company and Westinghouse Electric Corporation, Williamson County, Texas and further described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, on the terms and conditions described herein below. This License shall be effective from and after the date fully executed, and shall terminate at such time as the Pipeline is no longer used by the City of Round Rock for the use provided hereinabove. Article II Pipeline Location The Pipeline shall be located as described in Article I hereof. The Pipeline, when installed by Licensee, shall be installed so that the upper surface of the Pipe is at least five and one -half (5k) feet below the bottom of the rail thereover, or at such lower depth which may be necessary to provide adequate support for the rail. Installation shall be made in conformity with the engineering profile contained in Exhibit "A" hereto. -2- Article III Responsibilities of Round Rock. 3.1. Installation and Maintenance ;'Removal of Pipe Round Rock shall install or cause to be installed the Pipeline at the location provided•in Article T hereinabove. The Pipeline shall be installed safely and in a good workman- like.manner,_and during the construction, Round Rock or its contractor involved'in the construction shall secure a policy: of Owner's and Contractor's Protective Liability Insurance with limits of-liability of at least $2,000,000.00, naming GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the Pipeline. During the term of the License, Round Rock agrees that it will properly maintain the Pipeline and will take any and all.actions and expend any and all funds which may be required to maintain the Pipeline. Round Rock .further agrees that the construction, maintenance, and operation of the Pipeline will comply with all applicable State,•Federal and local laws, rules or regula- tions, and upon any notification by any person that the Pipeline is not incompliance with such laws, rules and regulations, Round Rock agrees to take prompt action to bring the Pipeline into such compliance.. In the event that Round Rock fails to properly maintain the Pipeline or to take any action required -3- to bring the Pipeline into conformance with all applicable laws, rules or regulations, the GRA; after 10 days notice to Round Rock, may take any such action as may be reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable laws, rules and regulations, and Round Rock agrees that in the event-GRR takes such action,' Round Rock shall, with twenty (20) days, reimburse GRR for . the actual cost of labor performed by or on behalf of'GRR, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to such labor, GRR's cost price of all materials f.o.b. GRR's rails plus 10% to .cover handling and accounting, plus freight - at 'tariff to point .of use, and excise taxes applicable to said labor and materials Upon termination of this License, Round.Rock shall take prompt action, to remove the 'pipe and all associated materials and re- , pair any damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by Round.Rock with- out any demand from GRR,. but shall in any event commence.within thirty.(30) days after. termination of this License and written demand for removal made by GRR. 3.2. Indemnification and Hold Harmless During the term of this License,' Round Rock agrees'to -4- indemnify GRR and hold it harmless from any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties, from the operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its employees or agents. The loss or damage for which Round Rock shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the Pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) GRR employees or agents, (ii) Round Rock employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the Pipeline or the inter- ruption of Pipeline service, caused by negligence of Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Article IV Representations and Warranties of Round Rock Round Rock hereby represents and warrants,to GRR that the construction, operation and maintenance of the Pipeline have been properly approved by the City of Round Rock, and that - 5 - Round Rock has been authorized byy resolution, or if required by its Charter, by ordinance, to enter into this Pipeline License Agreement, that the, resolution or ordinance has not been repealed and -is'in effect at date of execution hereof, and that this License Agreement is enforceable against Round Rock in accordance with its terms. Round Rock ,further warrants and represents that the city officer executing:this License has been duly - authorized to execute the same on behalf.of,.and as the act and deed of-, "the City of Round Rock. Article V Assignment The License hereby granted by GRR to Round' Rock is personal to_ the grantee hereof; and Round Rock shall have no right to assign this.License without the express prior written consent of GRR. GRR's rights hereunder shall be freely assignable. -6- : Article VI Notice Any notice required or permitted hereunder shall be per- sonally delivered or sent by registered or certified mail, re- turn receipt requested to the addressee at the address listed below, and such notice shall be effective on the date of de- livery, or date of mailing. Round Rock City of Round Rock 221 East Main Street Round Rock, Texas 78664 Georgetown Railroad Company EXECUTED on the date indicated below: R- o.2- ac- /3 - /4G' Q � ATTEST: (�n-•CJrI /flItBY: c�Ty s E i ev /31 ATTEST: . - l7 2-GO7 -7- (Title) Georgetown Railroad Company P.O. Box 529 Georgetown, Texas 78627 City of Round Rock (Title) NyL.E MAXWELL Georgetown Railroad Company IIIIP BY: / . 4" Chairman of the Board STEEL CASING WALL THICKNESS CHART MINIEw THICKNESS DIAMETER OF CASINO PIPE .2500' I/4' W J• :l.�^jy L'OOObOO 1 .3125' 5/16' .3750• 3/1' .4375 7116 .5000• I IV .5025 9/16' .6250' 5/8' OVER 48 se/ST BE APPROVED B7 R. R. CO. NOTE: THIS CHART 15 051'1 FOR 5130TH STEEL CASING PIPES WITH 0101111 YIELD STRENGTH OF 35.000 P51. PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING t� a % At ,Fab, 714 e NO SCALE FT. - -- - .FT 1 s1X 4075 1 1 S1 FT 10800 7x11 011001101 T 1.110 IN ILL, DISTANCE AT LC CATIONS LOT 151118 1[571015. 015TAIKE RIPS M TO • LEGAL WISP LINE IS 5tOUINE01 YHL 01111 4S. N011 01. • __a FT 1CASING LONGTN MEN 11ASLME0 ALONG PI /(LINE ) A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES•�NO; B1 IF YES, NAME OF STREET C) DISTRIBUTION LINE OR TRANSMISSION LINE X 01 CARRIER PIPE : COLIA001 TY TO BE CONVEY 0 TREATED LJA ( 012 WALL TH1CKNE55V� T ;DIAMETER 78 /N MATERIAL rI E) CASING PIPE : WALL THICKNESSA/S /N • DIAMETERGD/w ;MATERIAL S77CEj • NOTE: CASING MUST HAVE 2 CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE ANO INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMEN510N5, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACKIS): X DRY BORE AND JACK IWET BORE NOT PERMITTED); _ TUNNEL ; OTHER G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? J( YES;_N0; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING Ay0 JACKING PITS WHEN MEASURED AT RIGHT ANGLES tp TRACK tO M(N 1) APPLICANT HAS CONTACTED GEOR( 7 OAJnJ I3a' MINI AND HAS OETERMINEO FIBER OPTIC CABLE .= DOES ;...{DOES NOT ; EXIST IN VICINITY OF WORK TO BE PERFORMED. RECORDERS MEM RAND DUM i All or parts of the text on this page was not clearly Legible for satisfactory recordation. APPLICATION FOR ENCASED e� / NON- FLAMMABLE PIPELINE CROSSING 718 fT• - FT 9 4 l7 36 FT NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO EXPEDITE THIS APPLICATION. FT = FT -� 0 ISEE NOTE S S SI" • !13!850 o0EEOSSINCI I NEAREST R. 11. Law A. i 4 ? ` SUITCy P.23/A2T I KKR ISE 011E0 OSJECTI 111E NOTE 11 Net ALONG TRACE MON SECTION LINE CR0591007 1 f CANNIER PIPE I0(1CRIOE 010E0 OBJECT! 1 SEE NOTE SI i11141A0E OIOIAO SEWAGE 36 FT 40 FT. I FT. FORM OR- 0404 -8 REV. 05 -01 -90 • I � FT. ` ▪ P KERR,TR y 1110.0(1.7 IL It 70N11 I RIPS AIR FORMULA TO FIGURE r2 CASING LENGTH •1TH ANGLE OF CROSSING OTHER THAN 90 NOTES : 11 ALL HORIZONTAL DISTANCES TO 0E MEASURED AT RIGHT ANGLES 11100 C OF TRACK, EXCEPT AS NOTED. 21 CASING TO EXTEND BEYOND THE CENTERLINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT -OF -RAT IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 31 MINIIEAI OF 50• FROM THE END OF ANT RAILROAD BRIDGE. f OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 5) ALLOWABLE FIXED OBJECTS INCLUDE: BACKIALL5 OF BRIDGESrc OF ROAD CROSSINGS II OYERNEAD VIADUCTS (GIVE ROAD RANE1, OR 4 OF CULVERTS. EXHIBIT "A" uT• MIX. Na Ra. -r Mr wl11 l a. 115.0)IT. 11421L 21 C GE72J Gs. Ra1V1AI.. M. P. .530 E 5 239 +32 Icc ENCASED WATER LINE CROSSING AT FELD, L.DILLIA/y5oki CO., - a-xAS I KARL.. NIU"1 laANn SLIT. 5M -1 -5 FoR CITY OF.Rouuo ROCK RR FILE NO as DATEOv APR 2Jroz ■ A R N) N G IN ALL OCCASIONS. 4. P. CEARAMICA110NNS OVARTLENT 10E1 SC CONTACTED IN ADVAIG8 0, A11 IOTA TO 0CT(1NIIC (0117118( Ab LOC11101 01 T15ER OPTIC CAILL PHONE : 1 -100- 114-1113 ax FILED AND RECORDED OFFICIAL PUBLIC RECORDS 06- 28- 200709:12 AM 2002048911 ANDERSON $25.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON KYRA 0. GIDDENS Notary Public, Stele of Texas My Co omircloo Eopieto ��• 3 MARCH 24, 2003 RELEASE OF EASEMENT Note 2002046118 3 pgs KNOW ALL BY THESE PRESENTS; That the Texas Crushed Stone Company, a Texas Corporation, the grantee of that certain easement and right -of -way providing for ingress and egress and use a certain passageway or road easement dated November 23,1982, executed by the City of Round Rock, a Texas municipal corporation, and recorded in Vol. 902, Page 524 Deed Records of Williamson County, Texas said easement being the following described property, to wit: All that certain tract, piece or parcel of land, lying and being situated in Williamson County Texas, described in EXHIBT A, attached hereto and made a part hereof for all purposes, to which reference is here made for more particular description of said property. for and in consideration of the grant of substitute access and roadway easement, receipt of which is hereby acknowledged, has abandoned, released and discharged, and by these presents hereby abandons, releases, and discharges the above described property from any and all easements held by the undersigned. EXECUTED this / - day of ` ~ L 2002. Texas Crushed Stone�Com l�v • �I� By: William B. Snead President BEFORE ME, the undersigned authority, on this day personally appeared William B. Snead, President of Texas Crushed Stone Company, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity therein stated and as the act and deed o said corporation. Given under my hand and seal of office on his the i. , 1 _. 002. - Ail e 0 is in and for W mson County, Texas ar here / 7o ACCOMPANY F/ELD � v 7E$ OF 4 /40 Wipe EA$EMEN7 • / v51 `m I 1 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation Haynie & KaHman. Inc. ri"rfe CIVIL ENOMEEnemi r • .1J,u aao LANo smarm Round Rock, Texas ExmiOi A' Jto,a -d! Ast, P oof t VOL 9i. M3E 5n 6 a v 5 :, , A :k s/bylew1 - TX 73 EXHIBIT "A" Page 1 of 2 FIELD NOTES OF A 100 -FOOT WIDE ACCESS EASEMENT FIELD NOTES describing a 1.6448 acre tract or parcel of land out of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson County, Texas, being a strip of land one hundred (100) feet in width along the East line of that certain 13.00 acre tract of land conveyed to the City of Round Rock, Texas, by deed recorded in Volume 853, Page 56 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in the West right -of -way line of the George- town Railroad at the Northeast corner of said 13.00 acres, al being the Southeast corner of that certain 0.957 acre 100 -foot wide easement granted to the City of Round Rock by instrument recorded in Volume 853, Page 64 of said Deed Records, for the Northeast corner and POINT OF BEGINNING of the hereinafter described 1.6448 acre,easement; THENCE along said West railroad right -of -way line, being the East line of said 13.00 acres, for the East line hereof, S06'46'20 "W, 716.46 feet to an iron pin found at'the Southeast corner.of said 13.00 acre tract, for the Southeast corner hereof; THENCE departing said West railroad right -of -way line, along the South line of said 13.00 acre tract, for the South line hereof, S72'17 "W, 109.87 feet to a point for the Southwest corner hereof; THENCE along a line being one hundred (100) feet West of and parallel to the East line herein described, for the West line hereof, N06'46'2O "E, 716.46 feet to a point in the North line of said 13.00 acre tract, for the North- west corner hereof; THENCE along the North line of said 13.00 acre tract, for the North line hereof, N72 18'E, 109.87 feet to the POINT OF BEGINNING of the herein described easement, containing 1.6447 acres or 71,645 square feet of land more or less. C I 1 R OFFICIAL PUBLIC RECORDS 06- 18- 20010:41 AM 2002046118 MILLER $13.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS (i)._ FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT RECITALS This Fourth Agreement Extending Industrial District (" this Agreement ") is made and dated effective this 31st day of May, 2002 by and among the City of Round Rock, Texas ( "City "), Texas Crushed Stone ( "TCS ") and Georgetown Railroad Company, Inc. ( "GRR "), and is as follows: WHEREAS, heretofore, the City entered into an agreement with the Westinghouse Electric Corporation, ( "Westinghouse Agreement ") such agreement having been executed on the llth and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and Whereas, the Westinghouse Agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. (now codified in §42.044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, TCS and GRR purchased on June 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the property" and WHEREAS, TCS, GRR AND THE City extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ( "1985 Contract "), dated February 14, 1985 and recorded in Volume 1162, Page 406 of the Official Records of Williamson County, Texas, and corrected by a Memorandum of Correction dated May 23, 1985 and recorded in Vol. 1190, Page 622 of the official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that on certain Second Contract and Agreement Extending Industrial District ( "1988 Contract "), dated May 31, 1988 and recorded in Vol. 1720, Page 289 of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ( "1995 Contract "), dated May 25, 1995, and recorded as Document No. 9542043 of the Official Records of Williamson County, Texas, and FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 1 WHEREAS TCS, GRR and the City now wish to further extend the Industrial District status previously granted, Now Therefore, IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS: I. The City is in need of: 1) Five and eight one - hundredths (5.080), acres, more or less, of land for a water treatment plant expansion, (with provision that there shall be a 100 foot wide road way easement on the east side of the water treatment plant property adjacent to the GRR right of way to TCS) and 2) An easement including a temporary construction easement for a potable water line across TCS land, 3) A license agreement for the installation of the potable water line across the GRR right of way, and 4) An easement for roadway access to the water treatment plant property from Interstate Highway 35 (including an agreement to widen and improve the sight distance at the crossing of the railroad tracks). TCS and GRR hereby agree to convey the needed five and eight one - hundredths (5.080), acres (more or less), the potable water easement, the access road way easement to the City Water Treatment Plant property and to enter into a license agreement for a potable water line crossing the Railroad right of way. II. For and in consideration of the conveyance of the five and eight one - hundredths (5.080), acres (more or less), the conveyance of the potable water line easement, the conveyance of the new roadway access easement to the water treatment plant, the granting of a license agreement for the potable water line, the City hereby grants an extension from May 31, 2002 to December 31, 2004 of the Industrial District status previously granted Westinghouse and extended pursuant to the 1985 Contract, the 1988 Contract and the 1995 Contract. The Industrial District status shall apply to the property described in Exhibit A which is attached hereto and made a part hereof as if set out in full herein. The City will further, for the above described consideration, grant and convey the 100 foot wide road way easement next to the railroad right of way across the Water Treatment Plant property. FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 2 Except as otherwise stated herein, TCS and GRR agree that upon the expiration of this Agreement and when requested by the City, they will file with the City a written petition and request for annexation of the property described hereinabove not previously annexed. IV. TCS and GRR further agree that should they develop or sell for development all or any part of the Property, such portion developed or sold for development shall be subject to immediate annexation and the owner of the property shall petition the City for immediate annexation. So long as the property is a part of the Industrial District and being used as herein below defined, there shall be no taxes due to the City. It is further agreed that the owner of any portions of the Industrial District sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or the beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll -back taxes had that portion of the property been annexed into the City on the date of the sale of the property to be developed or the date that development was begun. As used herein, the term "develop" shall mean putting the property to any use except agricultural, limestone mining, railroad transportation use and related activities. V. As an additional assurance to the City that the property shall be annexed- when sold for development, developed or at the expiration of this extension, in addition to the petition referenced above, TCS and GRR herein request annexation by the City in this contractual agreement, with the condition precedent to such request that it is not to be acted upon prior to the property or portion thereof being sold for development, or developed or prior to December 31, 2004. In the event, for any reason, the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement. FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 3 The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the property. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the existing City Council and under which appropriate jurisdiction is had for the matters contained herein. The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas. If any word, phrase, clause, paragraph, sentence, part, portion or provision of this contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the contract shall nevertheless be valid and TCS, GRR and City hereby declare that this contract would have been entered into and enacted with such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions not included. By: EXECUTED in multiple originals on the dates indicated below. Date: VU L3 / (WO ATTEST: CITY OF ROUND ROCK CHRISTINE R. MARTINEZ, City Secretary 1e-0,2-0(o-13-P05 VI. VII. V FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 4 Date: ATTEST: TEXAS CRUSHED STONE COMPANY By: By: C.W. Fraser, Secretary W.B. Snead, President Date: ATTEST: GEORGETOWN RAILROAD COMPANY, INC. By: By: C.W. Fraser, Secretary W.B. Snead, Chairman of the Board STATE OF TEXAS 5 5 COUNTY OF WILLIAMSON 5 This instrument was acknowledged before me this 1,3 day of CANG , 2002, by Nyle Maxwell, Mayor of the City of Round Rock, Williamson County, Texas. 1 CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES Augusta, 2005 STATE OF TEXAS 5 5 COUNTY OF WILLIAMSON 5 d Notary Public, State of T xas Printed name: (j arbti,,€ inderad6z, My Commission Expires: 8-18-OS 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. Notary Public, State of Texas Printed name: FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 5 STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me this day of , 2002, by W.B. Snead, Chairman of the Board of Georgetown Railroad Company, Inc., a Texas railroad corporation, on behalf of said corporation. D+DUSraoixs wrsrnn P21034) D,.n -'u non Notary Public, State of Texas Printed name: My Commission Expires: FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY PACE 6 Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract IIA consisting of 260.39 acres. EXHIBIT "a' Page 1 of 11 TRACT IA Evans pLeagueo(Abs'tracti212) and theaD. lSand ineWillias County, Texas; said tract being a portion of the 1,036.15acre Lamoc Corporation ntoyWesti a nghouseElectric Corporation from page 80, the wasVcohve ed deed dated BehrensctobWestinghouse Behrens and wife Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being more particularly described as follows: BEGINNING at an iron pin set for the southeast corner of the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of the Georgetown Railroad; THENCE along the average line of a fence for the south line of the tract herein described the following courses; (1) South 85' 54' 42" West a distance of 835.47 feet to an iron pin found; (2) South 69' 28' 14" West a distance of 884.18 feet to a cedar post found (3) South 75' 10' 48" West a distance of 88.43 feet to a cedar post found ( South 68' 59' 10" West a distance of 2,355.65 feet to a creosote post found; (5) South 70' 38' 31" West a distance of 119.60 feet to a creosote post found; (6) South 68' 46' 58" West a distance of 1.697.08 feet to an iron pin found; (7) South 77' 49' 02" West a distance of 78.40 feet to an iron pin found; (8) South 68' 02' 17" West a distance of 1,596.96 feet to an iron pin found (9) South 69' 01' 04" West a distance of 1,080.90 feet to an iron pin set for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 20' 58' 25" Wes: a distance of 2,698.71 feet to an in pin sec ( North 67' 45' 45" Ease a distance of 1 73.70 feet to an iron pin sec; •(3) North 21' 00' 01" Nest a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin; for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses, (1) North 70' 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced with an iron pin; (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73° 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; (3) North 76' 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; "(4) 613.26 feet along a curve to the right having a chord of 612.99 feet bearing North 79' 41' 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; North 76' 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86' 46' 27" East and a radius of 5,867.58 feet to a 30d nail found and replaced with an iron pin; North 87' 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 0' 43'47 " East a distance of 907.61 feet to a 30d nail in a railroad tie found; (2) South 0' 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or less. (5) ( 7 ) !. Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. EXIII3? T A Page 3 of 11 A er ry tr,000ts Ha e �PC9 'red Public Surveyor No. 2154 TRACT IIA Field notes describing 260.19 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Williamson County, Texas: Said tract bein of the 153.014 acre tract conveyed by Y Survey 1971 from Raymond Pearson wife, Y Gladys Dated portion of W= scinghouseyElectric i nr h e to Williamson County Deed Records in Volume 537. g the a:;d a portion of the 1,036.15 acre tract that wa $ e conveyed c E by eed i oJt11aiso to unstinghouse Deed Records in Volume 538, page 80, and lllmthe Y acre tract that was conveyed all of the Count 1971 from Robert L. Bowers, teed dated September 8ow and Carl W. Burn ers, Trustee, and Robert L. Boyers Corporation and recordediindthelWll am Coun De Records in Volume 540; pg ee age nal of County eacric tract that was conveyed by and all of the 27.65 from 1971 Marvin H. Parker and wife, Ruth W Pa kerutt r Westing wife, song aCouse from Electric Corporation and recorded inthei Williamson Deed Records in Volume 449, page 391, lliasth County acre tract that was conveyed by decd dated h 18, 1971 from Leon E. Behrens 17'93 Westinghouse Electric in ens Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows; E of the tract Nherein ndescribed ,fsaid cornerealsotbeint corner sou southeast corner of the above said 88.23 acre tractnc to Westinghouse Electric Corporation, and t the of-way line of Interstate Highway 35; in the wescorighca THENCE along the south line of the tract herein described the following courses; (1) South 80' 46' 40" West a distance of 112.73 feet along a fence to an iron pin set (2) North 20' 14' 48" West a distance of 400.71 feet along a fence to an iron pin set; (3) South 85' 53' 09" West a of 1,650.58 feet to an iron pin set for the southwest corner of the tract herein described, said southwest corner also being in the east right -of -way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the ,K "town Railroad, North 0' 51' 14" West, a distance of 6 , 44, 5.92 feet to an iron pin found for the northwest corner of he trace he rein described; ''' E`7CE along the north line of the tract herein described 69, 02' 16" East, a distanc of 1.643.58 feet to an iron ''','' to the northeast corner of the : :c e east corner also being i,. tract heroin ay described, the west right-of-way line of. Highway 35 THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2' 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found •(3) 597.76 feet along a curve to the left having a chord of 596.70 feet bearing South 8' 01' 07" East a radius of 2,914.8 ,feet to a Texas Highway Department monument found; (4) 381.42 feet along a curve to the right having a chord of 380.75 feet bearing South 8' 00' East and a radius of 1 ,859.9 feet to 'a Texas High;.'ay Department monument found; (5) South 2' 12' 52" East a distance of 187.22 feet to a Texas Highway Department•monument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South 15' 59' 02" West and a radius of 523.0 feet to a Texas Highway Department monument found (7) 968.37 feet along a curve to the left having a chord bearing radius of 766.2feettoSauTexas Highway Department monument found (0) 331.15 the right ' 1 10" East a chord and radius of 523.0 feet to a Texas Highway Departmenta ,monument found; (9) South 2' 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2' 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, more or less. 1, Jerry Brooks Hale a REGISTEREDrPUBLIC SURVEYOR. do hereby certify that these field n the -ground survey made under m p ect the thts of an on June. 1982. Y direction on the eul 2 9th day of uF 7 f • JERRY G ROOXgjqLE , per rooks Hale �Aeyfg Bred Public Surveyor MO. 215.1 1154 ; � / llJ / .. . ,. ,� SU RD - ' Pa- 5 Description of two tracts of land, being Tract I consisting of 2,023.28 acres and Tract II consisting of 35.23 acres. E?(HIBIT "A' TRACT 1 Field notes describing 2,023.28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas said tract being all of the 1,474.684 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Ele Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and being more particularly described as follows: BEGINNING at an iron pin found for the most easterly northeast corner of the tract of land herein described, said corner.alsglbeing the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad South 7' 00' 06" West a distance of 422.97 feet to an iron pin found, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rock and recorded in the Williamson Councy Deed Records in Volume 853, page 56: THENCE along the north line of the above said City of Round Rock tract South 72' 14' 37" West a distance of 1,016.96 feet to an iron pin found for the northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of Round Ruck tract South 17' 47' 23" East a distance of 652.19 feet to an iron pin found for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round .Rock tract North 72 14' 24" East a distance of 719,90 feet to an iron pin found for. the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 4 18' 56" West a distance of 65.18 feet to an iron pin found; (2) North 67' 51' 47" East a distance of 11.14 feet to an iron pin found; (3) South 6' 23' 45" West a distance of 955.07 feet to an iron pin found; (4) 1.504.16 feet along a curve co the left having a chord of 1,503.15 feet bearing South 3' 09' 58" West an' a radius of 11,489.59 feet to an iron pin sec; page 7 of ._ .(5) South 0' 51' 01" East a distance of 407.61 feet to an iron pin found; (6) South 0' 51' 14" Easc a distance of 2,695.35 feet - to a 30d nail found and replaced with an iron pin for the southeast corner of the tract herein described THENCE along,the south line of the tract herein described the following courses; (1) South 87' 57' 18 ".West a distance of 124.22 feet to a 30d nail found and replaced with an iron pin; (2) 224.69 feet along a curve to the left having a chord of 224.68 feet bearing South 86' 46' 27" West and a radius of 5,869.58 feet, to a 30d nail found and replaced with an iron pin; (3) South 76' 48' 34" West a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the left having a chord of 612.99 feet bearing South 79' 41' 43" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (5) South 76' 44' 56" West a distance of 7,502.43 feet to an 30d nail in rock found; (6) 652.77 feet along a curve to the left having a chord of 652.44 feet bearing South 73 32' 09" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (7) South 70' 15' 54" West a distance of 492,06 feet to a 30d nail found and replaced with an iron pin for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of thu tract herein described the following courses (1) North 21' 02' 58" West a distance of 3,679.56 feet to an iron pin set; (2) North 69' 49'.35" East a distance of 1,000.42 feet to a cedar post in concrete found (3) Norch 20' 28' 58" West a distance of 1,211.02 feet to an iron pin found; (4) North 20' 42' 10" West a distance of 4 877.31 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the average line of a fence for the north line of th.; tract herein described the following courses (1) Norch 69' 17' 01 "East a distance of 2,187.71 feet co a cedar post found (2) North 69' 04' 40" East a distance of 1,959,437 feet to a cedar post found tX -A ?age 8 :_ II (3) North 69' 02' 20" East a distance of 2,021.65 feet to an iron pin set for the most northerly northeast • corner of the tract herein described; THENCE along the average line of a fence for the east line of the tract herein described the following courses; (1) South 5' 23 36" East a distance of 1,552.71 feet to a dead 36 6 inch Pecan tree; (2) South 18' 09' 07" East a distance of 110.14 feet to a 2 inch drill stem found, (3) South -87. 44' 21" East a distance of 44.64 feet to an iron'pin found; ! (4) South 12 11' 05" East a distance of 200.03 feet to an iron pin found; (5) North 79' 31' 55" East a distance of 50.27 feet to an iron pin found; (6) South 23 22' 39" East a distance of 3,040.24 feet to an iron pin set; THENCE along the average line of a fence for the north line of the tract herein described the following courses; (1) North 68' 59' 48" East a distance of 1 ,079.76 feet to a cedar post found '(2) North 51' 30' 13" East a distance of 43.49 feet to a cedar post found; (3) North 69 15' 35" East a distance of 2,235.63 feet to an iron pin found; North 80' 08' 33" East a distance of 47.20 feet to an iron pin found; • (4) (5) North 69. 29' 12" East a distance of 341.55 feet to an iron post found (6) North 69. 17' 27 ".East a distance of 1 ,033,48 feet to a cedar post found; (7) North 68 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 2,023.28 acres, more or less. 1, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR. do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1902. tXHlOIT 'A' - >r erry,Broo s tale : ;? • Oenistered Public !:urveyor 110. 2154 '/ /7 TRACT II Field notes describing 35.23 acres of land in the Ephraim - League (Abstract 212) and the John Powell League (Abstract l; in Williamson County, Texas: said tract being a portion of 153.014 acre tract conveyed by deed dated June 24, 1971 from Ramond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed records in Volume 537, page 93, and being more particularly described as follows: BEGINNING at an iron pin found for the northwest corner of tract herein described, said corner also being the northwest .crner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475, page 41, in the Williamson County Deed Records, and also being in the east right -of -way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87' 21' 23" East, a distance of 965.37 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35. the following courses; (1) 56.85 feet along "a curve to the right having a chord of 56.84 feet bearing South 34' 18' 25" West and a radius of 1,095.9 feet to a Texas Highway Department monument found; (2) 1,023.42 feet along a curve to the left having a chord of 949.02 feet bearing South 2' 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument found; (3) 365.13 feet along a curve to the right having a chord of 363.44 feet bearing South 30 49' 05" East and a radius of 1,095.9 feet to an iron pin in concrete found for the southeast corner of the tract herein described; - THENCE along the south line of the tract herein described Suuch 72' 11' 19" West, a distance of 1,424.52 feet to a concrete ,,n,ment sat for the southwest corner of the tract herein described. corner also being in the east right -of -way line of the c ;curgetos.'n .Railroad; THENCE along the west line of the tract herein described, west line also being the east right -of -way line of the acown Railroad, North 6' 37' 05" East, a distance of 1,144.23 co the Point of Beginning and containing 35.23 acres of land, or less. EXHIBIT "A' Page 1G of li 1, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on the ground survey made under my direction on the 29th day of June, 1982. COWRY OWAu of VI nrcnnnal a maraca, C" oapn ox� Ada gftwailltEpabi wJrry rikuk+ sox courny, TExts EXHIBIT 'A" page 11 of 11 DOCK 954E043 H Pages: 16 Date : 09- 20_1995 Time : 03 :01:13 P.M. Filed & Recorded in Official Records ELAINELBIZZELLCounty, TX. Re c. $ CLERK 00 r ROUND R❑CK INDUSTRIAL DISTRICT E E 1r 1 V - 2000' Mayor Nyle Maxwell City of Round Rock Via Hand Delivery Tuesday, June 11, 2002 Dear Mayor Maxwell, GEORGETOWN RAILROAD COMPANY 5300 SOUTH IH -35 POST OFFICE BOX 529 GEORGETOWN, TEXAS 78627 -0529 51 2 -863 -2538 FAX 512- 869 -2649 I appreciated the opportunity to visit with you regarding the concerns that some citizens of Round Rock have regarding the impact of loaded and empty trains have on Round Rock's traffic. The area where RR 620, US 79, and Sam Bass road intersect IH 35 serves not only as a traffic thoroughfare to North -South and East -West traffic, but is also a commercial and retail center in Round Rock. 1 understand that citizens are concerned about anything that delays traffic in this busy area. I personally drive in this area on an almost daily basis. The streets and roads in this area are not adequate for current traffic levels even if no trains are present. Any disruption, such as a traffic accident or malfunctioning traffic light, causes serious traffic congestion. Many of the roads do not meet current Texas Department of Transportation (TDOT) standards. Over the years, the Georgetown Railroad (GRR) has studied the concept of relocating this track to other locations. Frankly, this option has been less and Tess feasible as the population in all areas of Williamson County has increased. I am attaching a letter (Exhibit A) that clearly outlines our position on relocation. When the Georgetown Railroad was created as a short line railroad in 1958, the Union Pacific (UP) held on to the first two miles of track to serve industries then located in Round Rock. Exhibit "B' is a map showing the ownership of the railroad tracks between the Union Pacific's main line and the Texas Crushed Stone Quarry. In areas where GRR owned the track GRR has worked with the TDOT to achieve grade separations( 1431 and 3406). The UP is a giant railroad and as such operates trains through thousands of crossings all over the Western United States. UP operates through cities such as Los Angles, Houston, Dallas, Chicago, and San Francisco. Many of these tracks have many more trains than operate on the branch line proceeding north from Round Rock. In other words the crossing at Sam Bass and 620 are a low priority to the UP for grade seprations when compared to other crossing on their system. This means that if we are going to get the situation improved in Round Rock it is going to be because the City of Round Rock, Texas Crushed Stone, and the Georgetown Railroad worked with the TDOT to get the grade separations. The good news is that TDOT is working on this project. Exhibit `C' is a letter that discusses the GRR's support and position on grade separations for the 620 and Sam Bass Road rail crossings. my opinion, a grade separation of the railroad coupled with a new road segment connecting US79 with RR620 would improve Round Rock's traffic situation. While we are working to encourage TDOT to make the necessary improvements, The following steps might help in the short term: (1) Encourage the Union Pacific to improve the condition of the railroad tracks. This might speed up the trains and reduce the likely hood of derailments. (2) Encourage TDOT to expedite the connection of the new highway 45 with RR 620. (3) Work to complete bridges across Bushy Creek in west Round Rock. Many residents in West Round Rock must cross the railroad twice to reach the high school or hospital. (4) Continue the program already under way to encourage the Union Pacific and Burlington Northern Santa Fe to operate trains through Round Rock during non rush hours. Please do not hesitate to contact me if you have any further questions or suggestions. William B. Snead Chairman of the Board WM. KENT SNEAD cxECUnVE COMMITTEEMAN Sincerely, Mr. Tom Word, P.E. Traffic Engineer City of Round Rock 2008 Enterprise Round Rock, Texas 78664 Dear Sir: We have carefully considered your proposal to relocate the existing Union Pacific and Georgetown Railroad trackage in order to relieve traffic congestion in the vicinity of FM 620. The present rail corridor serves area companies handling crushed stone, grain, lumber, and fertilizer. For better or worse, we are surrounded by development. The relocation plan as presented would probably be met with strong opposition by affected landowners and neighbors. By long range planning and investment, Georgetown Railroad has successfully prevented traffic congestion from developing along the portion of the corridor we own. Working with the Texas Department of Transportation, grade separation has been accomplished at both 3406 and 1431. In addition, Georgetown Railroad and Texas Crushed Stone have acquired buffer zones along each side of the corridor. During the recent mergers of the major rail carriers, the Surface Transportation Board determined that the present corridor was the preferred route for Georgetown Railroad to be served by both the Union Pacific and the Burlington Northern Railroads. Capitol Metro and Texas Department of Transportation have both indicated that the existing corridor is a candidate for future passenger service. Collectively, all of these actions indicate that the present corridor is the preferred route by federal, state, regional, and private transportation organizations. The Capital Area Metropolitan Planning Organization and Texas Department of Transportation have recognized the FM 620 crossing as a priority for grade separation. We agree with their position and feel strongly that the best remedy is to proceed with this project. Wm. Kent Snead Executive Committeeman GEORGETOWN RAILROAD COMPANY 5300 SOUTH IH -35 GEORGETOWN, TExAs 78627 - 0529 512-863-2538 FAx 5 1 2-869-2549 W. B. Snead Chairman 6 January 2000 601 CaprI9M ®1981 -1999 Microsoft Co. nmdM 16apP.M.Nr4AR reserved. IMUIvrww.ape11amaps.mm. Coprriat ® 1999 Geoprapnt Data Tmladvpy. N rights rams. 0 1999 M6Y4alen Teeno4pia. AN rights raeletl. 0 mi 2 3 Page 1 29 April, 2002 Michael R. Walker District Environmental Coordinator Texas Department of Public Transportation P.O. Drawer 15426 Austin, TX 78761 -5426 Dear Sir: GEORGETOWN RAILROAD COMPANY 5300 SOUTH IH -35 POST OFFICE BOX 529 GEORGETOWN. TEXAS 78627 -0529 512 -863 -2538 FAX 512 -869 -2649 The intersections of IH 35, FM 620, US 79, Sam Bass Road and the Union Pacific Railroad were engineered and constructed when Round Rock was a much smaller community. When one studies the area today it appears that it was laid out with the idea of saving a bridge across Brushy Creek. Even without trains in the equation, the area is overwhelmed with traffic. Improvements in the area of FM 620, Sam Bass Road, IH -35, and US 79 should be considered as a package. Tunnels as well as elevated sections should be considered. A related problem is that there are no crossings of Brushy Creek in west Round Rock. Many cars travel from northwest Round Rock to the Interstate to get to points on the south side of Brushy Creek. For example, to travel from a neighborhood in northwest Round Rock to the hospital or high school, a car must cross the railroad twice. At the 18 April 2002 public hearing, three residents suggested railroad relocation. We have studied the idea of relocating the railroad extensively and feel that rail relocation would be met with strong opposition by affected landowners and neighbors. By long range planning and investment, Georgetown Railroad has successfully prevented traffic congestion from developing along the portion of the corridor we own. Working with the Texas Department of Transportation, grade separation has been accomplished at both 3406 and 1431. In addition, Georgetown Railroad and Texas Crushed Stone have acquired buffer zones along each side of the corridor. During the recent mergers of the major rail carriers, the Surface Transportation Board determined that the present corridor was the preferred route for Georgetown Railroad to be served by both the Union Pacific and the Burlington Northern railroads. Capitol Metro and Texas Department of Transportation have both indicated that the existing corridor is a candidate for future passenger service. Collectively, all of these actions indicate that the present corridor is the preferred route by federal, state, regional, and private transportation organizations. The Capital Area Metropolitan Planning Organization and Texas Department of Transportation have recognized the FM 620 crossing as a priority for grade separation. We agree with their position and feel that the best remedy is to proceed with this project on an expanded basis. Sincerely, William B. Snead Chairman of the Board Georgetown Railroad