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R-03-01-23-10E5 - 1/23/2003February 13, 2003 Nyle Maxwell, Mayor City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Re: P.A. Holder Survey, Round Rock, Texas Dear Mayor, LANDAMERICA COMMONWEALTH TITLE OF AUSTIN COMMERCIAL DIVISION 7000 NORTH MOPAC SUITE 350 AUSTIN, TEXAS 78731 PHONE 512.346.0000 FAX 512.651.9175 RECEIVED FEB 1 4 2003 Enclosed in reference to the above captioned property, you will find a Tide Commitment, Tax Certificate, and copies of the exceptions for review. If you have any questions or need any assistance, do not hesitate to contact our office. i Yo ERICA COMMONWEALTH fITLE OF AUSTIN mmcrcial E. row Officer cc : BJ Williams (commitment and tax cert) Jim Boles (commitment and tax cert) Stephan Sheets (commitment, tax cert, copies exceptions) Via Hand Delivery Christine Martinez City of Round Rock 221 East Main Round Rock, Texas 78664 Dear Christine: Enclosures Sheets & Crossfield, P.C. ATTORNEYS AT LAW 309 Ease Main Srreer • Round Rock, TX 78664 -5246 phone 512- 255 -8877 • fax 512- 255 -8986 September 25, 2003 Re: Fire Station No. 6 Land Purchase, 2919 Joe DiMaggio Blvd Please find enclosed the original and executed Special Warranty Deed and Title Policy regarding the above - referenced matter. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, 6A.z_ A vnc t'vuQQ4 -.-; Rose A. McMillin Executive Assistant to Stephan L. Sheets @PFDesktop\:ODMA/ WORLDOX /O:/WDOX/CORR/GNUFIRE#6LP /00055761. WPD LandAmerica Commonwealth Title of Austin September 23, 2003 Stephan Sheets 309 East Main Round Rock, Texas 78664 Re: Legends Village Dear Stephan, Enclosed in reference to the above captioned property you will find the original Deed. C9 7 4 - 034411:20 ' LandAmerica Commonwealth Title of Austin, Inc. 7000 Mopac Expressway North, Suite 350 Austin, TX 78731 phone: 512 346 -0000 fax: 512 346-0044 If you have any questions or need further assistance, do not hesitate to contact our office. Fliz . eth oung o c ial Escr Sinc mm ERI .A COMMONWEALf H TITLE OF AUSTIN Officer GF NO. 140351 CM Date: June 4 2003 Grantor: B. J. Williams Grantor's Mailing Address (including county): Ae, ti �✓ / /. Grantee: City of Round Rock Grantee's Mailing Address (including County): 221 E. Main Street Round Rock, Texas 78664 Williamson County SPECIAL WARRANTY DEED County 2003053604 3 t=es CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): See Exhibit "A" attached hereto and made a part thereof RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; conflicts, or shortages in area or boundary lines, any encroachments, or overlapping improvements, rights of adjoining owners in any walls and fences situated on a common boundary; taxes for the current year, the payment of which Grantee assumes; all rights, obligations and other matters emanating from and existing by reason of the creation, establishment, maintenance and operation of any applicable governmental district, agency, authority, etc. SPECIAL WARRANTY DEED - PAGE 1 OF 2 3 A Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor but not other wise. The property that is the subject of this Special Warranty Deed does not makeup any portion of the Grantor's Marital Homestead. When the context requires, singular nouns and pronouns include the plural. EXECUTED this the 4th day of June, 2003. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this the 4 day of June, 2003, by B. J. Williams. AFTER RECORDING RETURN TO: LandAmerica Commonwealth Title of Austin 700 Mopac Expressway North, Suite 350 Austin, Texas 78731 SPECIAL WARRANTY DEED — PAGE 2 OF 2 ACKNOWLEDGMENT ELIZABETH YOUNG MY COMMISSION EXPIRES N 3i May 27, 2004 ary Publi Vignature) ary's na .e •rinted): ary's c. ssion expires: `i Being Lot 1A, Block "B ", of Replat of LEGENDS VILLAGE SECTION THREE, Lot 1, Block "B ", a subdivision in Williamson County, Texas, according to the map or plat filed thereof in Cabinet X, Slides 264 -265, Plat Records, Williamson County, Texas. G.F. No. 140351CM Form No. 020 AILED RRD RECORDED OFFICIAL PUBLIC RECORDS 06 -O9- 2003'03:16 PM 2003053604 ANDERSON $13.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS Exhibit "A" - Page 1 August 11, 2003 CITY OF ROUND ROCK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 COMMONWEALTH LAND TITLE COMPANY OF AUSTIN 7000 N. MO PAC SUITE 350 AUSTIN, TX 78731 - 13P12:39 RCVD (512) 346 -0000 RE: Our G.F. No.: 140351CM Street Address: JOE DIMAGGIO BLVD Enclosed you will find our Owner Policy of Title Insurance in connection with the above property. The deed has been filed and will be mailed directly to you by the County Clerk after recording. It has been a pleasure to serve you. If we may be of further assistance, please do not hesitate to contact us. L cc: Steve Sheete7 84013/025 Very truly yours, ELIZABETH YOUNG CLOSING OFFICER August 11, 2003 CITY OF ROUND ROCK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 COMMONWEALTH LAND TITLE COMPANY OF AUSTIN 7000 N. MO PAC SUITE 350 AUSTIN, TX 78731 - 13P12:39 RCVD (512) 346 -0000 RE: Our G.F. No.: 140351CM Street Address: JOE DIMAGGIO BLVD Enclosed you will find our Owner Policy of Title Insurance in connection with the above property. The deed has been filed and will be mailed directly to you by the County Clerk after recording. It has been a pleasure to serve you. If we may be of further assistance, please do not hesitate to contact us. cc: Steve Sheets? 84013/025 Very truly yours, ELIZABETH YOUNG CLOSING OFFICER SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 3 AND THE CONDITIONS AND STIPULATIONS, Commonwealth Land Title Insurance Company,, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown In Schedule A, against loss or damage, Trot exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason,of: „ • 1: Title to the estate or Interest described in Schedule A being vested other than as stated therein, ' 2. Any defect in or lien or Qpcurpbranceon the title; 3. Any statutory orconstitultonal mechanic's, contractor's, or materialman' s lien for labor or material having its inception on or before Date of Policy; u ,: • ., - - - 4. Lack of a right of access to and from the land; • 5. Lack of good and indefeasible title. The Company also will paythe costs, attorneys lees and expenses incurred in defense of the title, as insured, but only to the extent - pnivided in the Ccinditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has causedits corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when Countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth A LARDAHCalCA DJS OANY Secretary OWNER'S POLICY OF TITLE INSURANCE By: POLICY NUMBER 115- 0021'511. President It • - ,. EXCLUSIONS FROM COVERAGE • The following matters am expressly excluded from the coverage of this policy and the Company will not pay loss 6F damage, costs, attorneys' fees or expenses which arise by reason of:, „ _ - 1. (a) Any law, ordinance or governmentarregulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (i) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dirnenslons or area of the land et' any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws; ordinances or . governmental regulations, except to the extent that a notice of the enforcementthereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the p Iblic records at Date of Policy. - (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercisethereo f or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser value without' knowledge. • , 3. Defects, liens, encumbrances, adverse claims or other matters. • - (a) created, suffered, assumed or agreed to by the insured claimant; l e (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosedin wnting to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; - (e) resulting in foss or damage that would not have been sustained If the insured claimant had paid value for the estate or interest-insured by this policy. . . - c • 4. The refusal of any person to purchase, tease or lend money on the estate or interest covered hereby in the land described in Schedule A - - because of unmarketability of the title. ' ir• - t ' 5 Any claim which arises out o,( the transaction vesting in the person named in paragraph 3 of Schedule ' A the estate or interest insure by this • policy, by reason of the operation of federal bankruptcy, state insolvency, of other state or- federal creditors' rights laws that is basedon either - (i)the transaction creating the estate or interest Insured by this Pdllcy being deemed a fraudulent conveyance or fraudulent trahsfei or a'Soid- - able distributron or voidable dividend, (ii) the subordination or recharacterization of the'estate'or interest insured by this Policy as result of ' the applicatiortof the doctrine of equitable subordination or (il) the transaction creating the estate or Interest insured bythfs Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument Of transfer to the insured after delivery or the failure such recordation to impart notice to a purchasertor value or ajudgment or lien creditor: ° - Texas Owner's Policy T -1 (Rev. 04/04/02) Face Page Form 1178 -1A DUPLICATE ORIGINAL Valid only if Schedules A and B and Cover are attached Issued with Policy No.: SCHEDULE A Amount of Insurance: $408,375.00 Policy No.: 175 - 0021511 Premium: $2,751.00 File No.: 140351CM R16- Survey Amendment: $ R9- Add.Chain: $ Date of Policy: June 9, 2003 1. Name of Insured: CITY OF ROUND ROCK 2. The estate or interest in the land that is covered by this policy is: Fee Simple Title 3. Title to the estate or interest in the land is insured as vested in: CITY OF ROUND ROCK 4. The land referred to in this policy is described as follows: Being Lot 1A, Block "B ", of Replat of LEGENDS VILLAGE SECTION THREE, Lot 1, Block "B" a subdivision in Williamson County, Texas, according to the map or plat filed thereof in Cabinet X, Slides 264 -265, Plat Records, Williamson County, Texas. Schedule A Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 1 SCHEDULE B Policy No. 175 - 0021511 File No. 140351CM EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Cabinet X, Slides 255 and 256„ and Cabinet X, Slides 264 -265, of the Plat Records of Williamson County, Texas. (Deleting therefrom any restrictions indicating any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4 Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2003, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 2 J• Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 3 h. Electric transmission Power & Light Company, Overall and Catherine Page 330, of the Deed i. Electric transmission Power & Light Company, Overall and Catherine Page 408, of the Deed a. Easements, or claims of easements, which are not recorded in the public records. b. The following, all according to plat recorded in Cabinet X, Slides 255 -256, Cabinet X, Slides 264 -265, of the Plat Records of Williamson County, Texas: An easement Ten (10) feet in width along the Streetside property line(s) for use of public utilities. c. Electric and /or telephone line easement to Lone Star State Power Company, Inc., dated August 29, 1925, executed by A. J. Palm, recorded in Volume 225, Page 31, of the Deed Records of Williamson County, Texas. d. Pipeline, telephone and telegraph line easement to Lone Star Gas Company, dated August 14, 1928, executed by Mrs. Josephine Palm, et al, recorded in Volume 237, Page 347, Deed Records of Williamson County, Texas, said easement being amended and ratified as set forth in instrument recorded in Volume 349, Page 471, of the Deed Records of Williamson County, Texas. e. Pipeline easement to Lone Star Gas Company, dated June 26, 1928, executed by Anna L. Palm, et al, recorded in Volume 238, Page 187, of the Deed Records of Williamson County, Texas. f. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated October 11, 1936, executed by The Estate of J. A. Palm, Deceased by L. M. Palm, Administrator, recorded in Volume 281, Page 464, of the Deed Records of Williamson County, Texas. g. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated July 8, 1940, executed by Clara Palm, a widow, et al, recorded in Volume 304, Page 248, of the Deed Records of Williamson County, Texas. and /or distribution line easement to Texas dated February 25, 1947, executed by E. C Robertson Overall, recorded in Volume 343, Records of Williamson County, Texas. and /or distribution line easement to Texas dated January 8, 1948, executed by E. C. Robertson Overall, recorded in Volume 349, Records of Williamson County, Texas. Access easement to Anna Letitia Palm, dated April 12, 1954, executed by Catherine Overall and husband, E. C. Overall, recorded in Volume 400, Page 79, of the Deed Records of • Williamson County, Texas. k. Terms, conditions and stipulations contained in Boundary Line Agreement dated August 30, 1946, executed by and between T. J. Palm and Anna Palm and Catherine Overall and husband, E. C. Overall, and recorded in Volume 339, Page 174, of the Deed Records of Williamson County, Texas. 1. Water and wastewater easement to Lower Colorado River Authority, dated November 2, 1999, executed by B. J. Williams, recorded under File Number 199983741 in the Official Public Records of Williamson County, Texas. m. Terms, conditions and stipulations contained in Roadway, Bridge and Utility Easement Agreement dated December 20, 2000, executed by and between B. J. Williams and Legends Village, L.P., a Texas Limited Partnership, and recorded under File Number 2000084168 in the Official Public Records of Williamson County, Texas. n. Water and wastewater easement and right -of -way easement to Lower Colorado River Authority, dated April 3, 2001, executed by B. J. Williams, recorded under File Number 2001023176 in the Official Public Records of Williamson County, Texas. o. Public utility easement to the City of Round Rock, Texas, dated May 9, 2003, executed by B. J. Williams, recorded under File Number 2003043782 in the Official Public Records of Williamson County, Texas. Terms, conditions and stipulations contained in that certain Ordinance No. A- 99- 12- 09 -12B3 of the City of Round Rock, Texas, annexing a tract of land which includes the subject property, as set forth in Document #199984503, Official Public Records of Williamson County, Texas. Property lies within Brushy Creek Water Control and Improvement District No. 1A /1B which has taxing authority. r. Rights of tenants in possession under unrecorded leases or rental agreements. P. q. By: Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 4 COMMONWEALTH LAND TITLE COMPANY OF AUSTIN Authorized Countersignature SCANNED# 6 04 1 February 4, 2003 Nyle Maxwell, Mayor City of Round Rock 221 E. Main Street Round Rock, Texas 78664 BJ. Williams c/o Jim Boles Summit Commercial Industrial Properties 18 Chisholm Trail Road Round Rock, Texas 78681 Re: between 2.0 and 2.5 acres out of a 7.71 acre tract known as Lot 1, Block B, Section Three, Legends Village, Round Rock Enclosed in reference to the above captioned property, you will find a copy of the receipted Contract for your records. We appreciate the opportunity to handle this transaction for you. The actual closing will be held at our Round Rock office by the undersigned, although correspondence will be through the Commercial office in Austin. If you have any questions or need any assistance, do not hesitate to contact our office. We look forward to working with you on this transaction. Sincerely, LAN , FfAMRICA COMMONWEALTH TITLE OF AUSTIN Elizabe oung ercial :crow O cc Stephan . (o al Contract) LANDAMERICA COMMONWEALTH TITLE OF AUSTIN COMMERCIAL DIVISION 7000 NORTH MOPAC SUITE 350 AUSTIN, TEXAS 78731 PHONE 512.346.0000 FAX 512.651.9175 cer RECEIVED FEB 0 7 2003 •21 RCVD 02_05- 03P02 February 04, 2003 GF NO. 140351CM PROPERTY: JOE DIMAGGIO BLVD SELLER(S): B J WILLIAMS BUYER(S): CITY OF ROUND ROCK The undersigned as Escrow Agent aforesaid, hereby acknowledges receipt of Purchaser's ( )personal ( ) cashier's (4 check for $ o oo.o-0 tendered as earnest money to be held by the undersig Escrow Agent in accordance with the terms of the attached agreement. Escrow Agent does not, however, assume and shall not be under any liability on account of Bank's dishonoring said check or on account of performance or non - performance of any party to the agreement; and Escrow Agent may, at its option, require the receipt, release and authorization in writing of all parties before paying the deposit to either party. Escrow Agent shall not be liable for any interest or other charge on the money held by it, and shall assume no liability until said check is cleared through regular channels of banking. All sums retained in escrow for a period beyond six months from day may bear a reasonable service charge not to exceed ten percent per year. In the event the earnest money receipted for herein is released because the transaction contemplated by the foregoing contract is not closed, Escrow Agent shall deduct from such earnest money any direct expenses incurred by it or for which it has been billed, including but not limited to tax certificates, recording fees, delivery charges, copies, attorney's fees for preparation of closing docu1-• and surveyor's fees. COMMO BY: Au '. 057 RECEIPT FOR EARNEST MONEY COMPANY OF AUSTIN • 00 NOT ACCEPTTHIS - CHECK UNLESS THE PINK LOCK & KEY ICONS FADE WHEN WARMED AND YOU CAN.SEEA PENTAGON.SHAPED TRUE WATERMARK WHEN HOLDING THE CHECK TO THE LIGHT ,CITY,OF ROUND RO CS 221 H: ]vIAIN STREET'S ;?='' ROUND ROCK, 'TX 3_. Phn (512) 2 - 5406 :: F': :`�"': 4i. tFl�.•• -: �wc. -oar.; Pay . , . * * * *F[ViTHO' SAND AND XX7:100US ±.' *" To The t . COMMONWEALTH TITLE ( { Order Of } ,l • 20, Chisholm Trail f a ! j • i ,' , 'y ! ) ;Round Rock, TX 7868U `BANK FAMERICA = =� WICHITAFALLS, TEXAS.4 -, 0.233'`09.4 191130 Pay Amount -.55,000.00' RUB OR BREATHE ONTHE PINK LOCK A KEY ICONS—COLOR WILL CHANGEON AN AUTHENTIC CHECK —IF COLOR DOES NOT CHANGE DO NOT ACCEPT Steve, SUMMIT COMMERCIAL INDUSTRIAL PROPERTIES, INC. MEMORANDUM DATE: January 21, 2003 TO: Steve Sheets FROM: Jim Boles RE: 221 E. Main Street, Round Rock, Williamson County, Texas Attached is a signed copy of the contract for the property referenced above. Thanks, Jim 18 CHISHOLM TRAIL ROAD • ROUND ROCK, TEXAS 78681 PHONE (512) 244 -9707 • FAX (512) 244 -9519 T � State of Texas REAL ESTATE CONTRACT County of Williamson THIS CONTRACT OF SALE ( "Contract ") is made by and between B. J. WILLIAMS, (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for a tract of land situated in Williamson County, Texas, being more particularly descnbed as follows: Between 2.0 and 2.5 acres out of a 7.71 acre tract of land known as Lot 1, Block `B ", Section Three, Legends Village, Round Rock, Williamson County; said tract to be surveyed out of the northwest corner of said Lot 1, as more particularly described in Exhibit A, attached hereto; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, nghts, and appurtenances being referred to in this Contract as the "Property"), for the consideration and upon and subject to the terms, provisions, and conditions set forth below. O: \wdox \corr \gnl \fire #6Ip \000415 60.DOC ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Three Dollars and Seventy Five Cents ($3.75) per square foot, as determined by the survey provided for below. Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Commonwealth Title Company, 20 Chisholm Trail Rd., Round Rock, Texas (the "Title Company ") a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, nghts -of -way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller 1 may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closmg. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03. Within thirty (30) days from the date hereof, Purchaser shall cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor to be chosen by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. In the event that Purchaser determines that the Property is not suitable pursuant to § 3.04, then Purchaser shall pay for the survey. In the event that this transaction closes, then Seller shall reimburse Purchaser for the cost of the survey, up to the amount of $2,500.00. New Surveys and Tests 3.04. Within forty-five (45) days after the date hereof (Feasibility Period) Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to forty-five (45) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith retumed by the Title Company to Purchaser, less $100.00 as consideration to Seller for the execution of this Contract. If the written notice is not received within this 45 day penod, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Purchaser's entry onto the Property is at Purchaser's sole risk and Purchaser hereby releases and indemnifies Seller from and against all liability in connection therewith. All costs and expenses related to Purchaser's inspection of the Property will be paid for by Purchaser, and Purchaser agrees to indemnify and hold Seller harmless from and against all such costs and expenses. If either party hereto terminates this Contract under any right granted hereunder, Purchaser will repair any damages to the Property by reason of the exercise of Purchaser's rights hereunder. Subdivision Plat 3.05. Within ninety (90) days after the date hereof, Purchaser shall cause at Purchaser's sole cost, a revised or amended plat of Lot 1, Block "B ", Section Three, Legends Village to be filed and recorded that provides for a legal lot for the Property. Seller agrees to cooperate fully with the subdivision process and to do everything reasonably necessary to assist Purchaser in accomplishing the platting of the Property, including but not limited to the recording of final plats for Sections One and Three, Legends Village. If Purchaser is unable to obtain a fmal and recorded plat of the Property within said 90 day period, then Purchaser may terminate this Contract on written notice to Seller. If the Contract is terminated, the Escrow Deposit shall be returned to Purchaser by the Title Company. Miscellaneous Conditions 3.06. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before fifteen (15) days following the recording of the subdivision plat provided for in § 3.05 above, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). 2 Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following. (b) (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ti) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser m writing. Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closmg date shall be paid by Seller. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid in accordance with § 3.03; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attomey's fees paid by each respectively. Seller represents and warrants to Buyer, as of the closing date, as follows: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; O: \wdox \con \gnl \fire##61p \00041560.DOC ARTICLE V REPRESENTATIONS OF SELLER 3 (2) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; and (3) Seller is not aware of any material physical defects to the Property; ARTICLE VI REAL ESTATE COMMISSIONS The only broker who has been involved in the negotiation and consummation of this Contract is Summit Commercial Properties. Conditioned on the closing of the sale contemplated by this Contract, a commission in the amount of six percent (6%) percent of the total sales price will be payable, to Summit Commercial Properties. This commission is to be payable in cash at the closing. If this Contract is terminated for any reason before closing, there will be no commission due or payable under the Contract. All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent's commissions in connection with this Contract other than the liability of Seller as set forth in this paragraph. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of Ten Thousand Dollars ($5,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase pnce, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. 10.01. (a) ARTICLE VIII BREACH BY SELLER ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract This Contract may not be assigned without the express written consent of Seller. 4 Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (j) For tax purposes, Seller may desire to consummate the transaction by means of a "tax deferred" exchange involving a third party exchange intermediary. So long as such transaction can be accomplished at no additional cost to Purchaser, and so long as Purchaser pays no more than the Purchase Price provided for in this Contract, Purchaser agrees to consummate the transaction by means of such tax deferred exchange. O:\ wdox \ con \gnl\fue #6Ip \00041560.D OC Exchange 5 • Dated this 3 I day of January, 2003. PURCHASER: By: CITY 0 f✓ii /�� 0 Mayor 1 E. Main Street Round Rock, Texas 78664 RADIUS ARC CHORD CHORD DIRECTION 500.00 527.89 503.71 N 59 °40'33' W 700.00 247.75 246.46 N 16 °50'12' W 20.00 31.00 27.99 N 38 °06'31" E 295.00 35.79 35.77 N 86 ° 39'5B' E N 85 °15'39' E C4 r - 101.2 • N 89 ° 54'16' W 320.70' S 89 °54'16" E - 399.11' - `y e 10' BLOCK 11 B" LOT 1 (7.71 ACRES) `. \9 COMMERCIAL MARVIN CRE5SMAN VOL 1755, PG. 320 0.9 W.C. C.R. 195 437 77' S 87 °13'11" W ARIES/ UNIMPROVED) POINT OF BEGINNING - BLOCK "B' NE CNR P.A. -IOLDER SURVEY , A -297 BEARS APPRCXIMATELY: N 40 °37'E 5960' (BASED ON W.I. Co. TAX RECORDS) 462.36' S 89 °01'46` W rr1Or uoON. et at VOL 2-122, PG 420 0.9 W.G. 0 s\ August 11, 2003 CITY OF ROUND ROCK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 T COMMONWEALTH LAND TITLE COMPANY OF AUSTIN 7000 N. MO PAC SUITE 350 AUSTIN, TX 78731 (512) 346 -0000 RE: Our G.F. No.: 140351CM Street Address: JOE DIMAGGIO BLVD, , Enclosed you will find our Owner Policy of Title Insurance in connection with the above property. The deed has been filed and will be mailed directly to you by the County Clerk after recording. It has been a pleasure to serve you. If we may be of further assistance, please do not hesitate to contact us. 84013/025 Very truly yours, ELIZABETH YOUNG CLOSING OFFICER (/1 Attest. ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth n LACmAnawG conm+m SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the Company, insures, as of Data of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated In Schedule A, sustained or incurred by the Insured by reason of 1. Title to the estate or interest descnbed in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or materiatman's lien for labor or material having its Inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The Company also will pay the costs, attorneys' fees and expenses Incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary OWNER'S POLICY OF TITLE INSURANCE By: POLICY NUMBER 115- 0021511. ?„,!-- . President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; On) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the title. 5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either ( the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transferor a void- able distribution or voidable dividend, (ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subordination or Oil) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Texas Owner's Policy T -1 (Rev. 04 /04/02) Face Page Form 1178 -1A ORIGINAL Valid only if Schedules A and B and Cover are attached 1. DEFINITION OF TERMS. The following terms when used in Ihls policy mean: (a) "Insured" the Insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named Insured, those who succeed Io the interest of the named Insured by operation of law as distinguished from purchase including, but not limited to, heirs, distnbutees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the follow- ing* (g the successors in interest to a corporaton, limbed lablLryoompany or limited liability the c ho orr liability minpang or anyorOm,lod Iobiconversion Pa rtnerrship u pomo non pe rbal the rr complete bartne on� M M di a p (� Meeucros50lninteresttoege raloriimltedpannersniporamltedliabiliryconpany or limited labili partnership rs which dssolves but does rwt lenninate; (iu) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete liquidation, (iv) thesuccessors In interest to a joint venture resulting from the distribution of the assets of the pint venture upon partial or complete liquidation; (v) the successor or substitute trustee(s) of a trustee named in a written trust instrument, or () the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of the trust to the beneficiaries thereof (b) 'Insured claimant" an insured claiming loss or damage (c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land" the land descnbed or referred to in Schedule A, and improvements affixed thereto that by law constitute real property The term "land" does not include any property beyond the lines of the area descnbed or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a nght of access to and from the land is insured by this polity (0) "mortgage ' mortgage, deed of trust, trust deed, or other security Instrument (9 "public records ". records entabllshed under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real properly to purchasers for value and without knowledge With rasped to Section 1(a)(iv) of the Exclusions From Cover- age, "public records" also shall include environmental protection hens tiled in the records of the clerk of the United States district coon for the district in which the land is located. (9) "access'. legal nght of access to the land and not the physical condition of access The coverage provided as to access does not assure the adequacy of access for the use intended 2, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured only so long as the Insured retains an estate or interest in the land, or holds an Indebtedness secured by a purchase money mortgageglven by a purchaser from the insured, or only so long as the Insured shall have llablllty by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or Interest This policy shall not continue in force In favor of any purchaser from the insured of either (i) an estate or interest In the land, or(Man Indebtedness secured by a purchase money mortgage given to the Insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shell notify the Company promptly In writing (i) in case of any litigation as set forth in Section 4(a) below, or (i) in case knowledge shall come to an Insured hereunder of any claim of title or interest that Is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice 15 required, provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and Then only to the extent of the prejudice. When, after the date of the policy. the insured notifies the Company as required herein of a hen, encumbrance, adverse claim or other defect In Isle to the estate or interest in the land Insured by this policy that 1s not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect *valid and not barred by law or statute The Company shall notify the insured in wntmg,withm a reasonable time, of its determination as to the validity or invaliddyol the insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect Is not covered by this policy, or was otherwise addressed in the closing of the transaction In connection with which this policywasissued, the Company shall specifically advise the insured of the reasons for its determination If the Company concludes that the hen, encumbrance, adverse claim or defect is valid, the Compa- ny shall take one of the following actions (I) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured, (II) Indemnify the insured as provided in this policy, (ix) upon payment of appropriate premium and charges therefor, issue to the Insured claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the land Insured by this policy, a policy of title insurance without exception far the hen, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan, (Iv) Indemnify another title insurance company in connection with as issuance of a pollcyyes) of title insurance without exception for the hen, encumbrance, adverse claim or defect, (v) secure a release or other document discharging the lien, encumbrance, adverse claim or detect, or (v) undertake a combination of p) through (v) herein 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation In which any third party asserts a claim adverse to the title or Interest as Insured, but only as to those slated causes of action B 1178 -1A CONDITIONS AND STIPULATIONS alleging a defect, lien or encumbrance or other matter Insured against by this policy. The Company shall have the right to select counsel of Its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel The Company will not pay any lees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion maybe necessary or desirable to establish the title to the estate or Interest, as insured, or to prevent or reduce loss or damage to Inc insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy II the Company shall exercise Its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or Interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the nght, In 05 sole discretion, to appeal from any adverse judgment or order (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to the Company the right to 5o prosecute or provide defense In the action or proceeding, and all appeals (herein, and permit the Company to use, at its option, the name of the Insured for this purpose Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable and (I) m any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (h) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by Chef allure of the insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, Including any (lability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided lheCompany, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days after the Insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect In, or hen or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the Insured claimant to provide the required proof of loss or damage, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage In addition, the Insured claimant may reasonably be required to submit to examination under oath by any authonzed representative of the Company and shall produce for examina- tion, inspection and copying, at such reasonable times and places as may be designated by any authonzed representative of the Company, all records, books, ledgers, checks, corre- spondence and memoranda, whether beanng a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representa- teof the Company, the insured claimant shall grant its permission, in wnlmg, tor any authorized representative of the Company to examine, Inspect and copy all records, books, lodgers, checks. correspondence and memoranda in the custody or control of a third party. which reasonably pertain to the loss or damage All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgmentolIheCompany, It is necessary In the adminlstra- lloo of the claim. Failure of the Insured claimant to submit forexaminatlon under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required In this paragraph shall terminate any hablllty of the Company under this policy as to that claim 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' lees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (I) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim Insured against under this policy, together with any costs, attorneys' lees and expenses incurred by the Insured dormant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay, or (x) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs. attorneys' lees and expenses Incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company i5 Obligated to pay Upon the exercise by the Company of either of the options provided for In paragraphs (b)(601 01), the Company's obligations to the insured under This policy for the claimed loss or damage, other than the payments required to be made, shall terminate, Including any liability or obligation to defend, prosecute or continue any litigation. Issued with Policy No.: SCHEDULE A Amount of Insurance: $408,375.00 Policy No.: 175 - 0021511 Premium: $2,751.00 File No.: 140351CM R16- Survey Amendment: $ R9- Add.Chain: $ Date of Policy: June 9, 2003 1. Name of Insured: CITY OF ROUND ROCK 2. The estate or interest in the land that is covered by this policy is: Fee Simple Title 3. Title to the estate or interest in the land is insured as vested in: CITY OF ROUND ROCK 4. The land referred to in this policy is described as follows: Being Lot 1A, Block "B ", of Replat of LEGENDS VILLAGE SECTION THREE, Lot 1, Block "B ", a subdivision in Williamson County, Texas, according to the map or plat filed thereof in Cabinet X, Slides 264 -265, Plat Records, Williamson County, Texas. Schedule A Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 1 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Cabinet X, Slides 255 and 256„ and Cabinet X, Slides 264 -265, of the Plat Records of Williamson County, Texas. (Deleting therefrom any restrictions indicating any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2003, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 2 SCHEDULE B Policy No. 175 0021511 File No. 140351CM EXCEPTIONS FROM COVERAGE g - a. Easements, or claims of easements, which are not recorded in the public records. b. The following, all according to plat recorded in Cabinet X, Slides 255 -256, Cabinet X, Slides 264 -265, of the Plat Records of Williamson County, Texas: An easement Ten (10) feet in width along the Streetside property line(s) for use of public utilities. c. Electric and /or telephone line easement to Lone Star State Power Company, Inc., dated August 29, 1925, executed by A. J. Palm, recorded in Volume 225, Page 31, of the Deed Records of Williamson County, Texas. d. Pipeline, telephone and telegraph line easement to Lone Star Gas Company, dated August 14, 1928, executed by Mrs. Josephine Palm, et al, recorded in Volume 237, Page 347, Deed Records of Williamson County, Texas, said easement being amended and ratified as set forth in instrument recorded in Volume 349, Page 471, of the Deed Records of Williamson County, Texas. e. Pipeline easement to Lone Star Gas Company, dated June 26, 1928, executed by Anna L. Palm, et al, recorded in Volume 238, Page 187, of the Deed Records of Williamson County, Texas. f. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated October 11, 1936, executed by The Estate of J. A. Palm, Deceased by L. M. Palm, Administrator, recorded in Volume 281, Page 464, of the Deed Records of Williamson County, Texas. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated July 8, 1940, executed by Clara Palm, a widow, et al, recorded in Volume 304, Page 248, of the Deed Records of Williamson County, Texas. h. Electric transmission Power & Light Company, Overall and Catherine Page 330, of the Deed i. Electric transmission Power & Light Company, Overall and Catherine Page 408, of the Deed Access easement to Anna Letitia Palm, dated April 12, 1954, executed by Catherine Overall and husband, E. C. Overall, recorded in Volume 400, Page 79, of the Deed Records of Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 3 and /or distribution line easement to Texas dated February 25, 1947, executed by E. C Robertson Overall, recorded in Volume 343, Records of Williamson County, Texas. and /or distribution line easement to Texas dated January 8, 1948, executed by E. C. Robertson Overall, recorded in Volume 349, Records of Williamson County, Texas. • Williamson County, Texas. k. Terms, conditions and stipulations contained in Boundary Line Agreement dated August 30, 1946, executed by and between T. J. Palm and Anna Palm and Catherine Overall and husband, E. C. Overall, and recorded in Volume 339, Page 174, of the Deed Records of Williamson County, Texas. 1. Water and wastewater easement to Lower Colorado River Authority, dated November 2, 1999, executed by B. J. Williams, recorded under File Number 199983741 in the Official Public Records of Williamson County, Texas. m. Terms, conditions and stipulations contained in Roadway, Bridge and Utility Easement Agreement dated December 20, 2000, executed by and between B. J. Williams and Legends Village, L.P., a Texas Limited Partnership, and recorded under File Number 2000084168 in the Official Public Records of Williamson County, Texas. n. Water and wastewater easement and right -of -way easement to Lower Colorado River Authority, dated April 3, 2001, executed by B. J. Williams, recorded under File Number 2001023176 in the Official Public Records of Williamson County, Texas. o. Public utility easement to the City of Round Rock, Texas, dated May 9, 2003, executed by B. J. Williams, recorded under File Number 2003043782 in the Official Public Records of Williamson County, Texas. Terms, conditions and stipulations contained in that certain Ordinance No. A- 99- 12- 09 -12B3 of the City of Round Rock, Texas, annexing a tract of land which includes the subject property, as set forth in Document #199984503, Official Public Records of Williamson County, Texas. Property lies within Brushy Creek Water Control and Improvement District No. 1A /1B which has taxing authority. r. Rights of tenants in possession under unrecorded leases or rental agreements. P. q. Schedule B Texas Owner Policy T -1 (Rev. 1 -1 -93) Form 971 - Page 4 COMMONWEALTH LAND TITLE COMPANY OF AUSTIN By: Texas Owner Policy T -1 (Rev. 10-1-97) Cover Page Form 1178 -2 CONDIT ONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Insured claimant who has suffered loss or damage by reason of matters Insured against by this policy and only to the extent herein described. (a)The liability of the Company under this policy shall not exceed the least of. (I) the Amount of Insurance stated In Schedule A; (o) The difference between the value of the insured estate or Interest as insured and the value of the Insured estate or Interest subject to the defect, lien of encumbrance insured against by this policy at the dale the Insured claimant Is required to furnish to Company a proof of loss or damage In accordance with Section 5 of these Conditions and Stipulations (b) In the event the Amount of insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement Is erected an the land which increases the value of the Insured estate or Interest by at least 20 percent over the Amount of Insurance stated In Schedule A, then this Policy Is subject to the following (i)where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the 1055 pro rata In the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or Interest at Date of Policy, or (Ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata In the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated In Schedule A and the amount expended for the Improvement. The provisions of this paragraph shall not apply to costs, attorneys' lees and expenses for which the Company Is liable under this policy, and shall only apply to That portion of any loss which exceeds, In the aggregate, 10 percent of the Amount of Insurance stated In Schedule A (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, 8. APPORTIONMENT. If the land described In Schedule A consists of two or more parcels that are not used as a single site, and a loss Is established affecting one or more of the parcels but not all, the loss shall be computed and Settled on a pro rata basis as If the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any Improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the Insured at the time of the Issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, hen or encumbrance, or cures the lack of a right of access to or from the land, all as insured, or takes action in accordance with Section 3 or Section 6, In a reasonably diligent manner by any method, Including litigation and the completion of any appeals therefrom, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent )unsdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any Insured for liability voluntanly assumed by the Insured in settling any claim or sun without the prior wntten consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' lees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It Is expressly understood that the amount of Insurance under this policy shall be reduced by any amount the Company may pay under any policy insunng a mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which Is hereafter executed by an Insured and which is a charge or lien on the estate or Interest descnbed or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stpulatlons, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all nght of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subogated to and be entitled to all rights and remedies that the Insured claimant would have had against any person or property in respect to the claim had this policy not been Issued. If requested by the Company, the insured claimant shall transfer to the Company all nghts and remedies against any person or property necessary in order to perfect this nght of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these nghts or remedies If a payment on account of a claim does not Tully cover the loss of the insured claimant, the Company shall be subrogaled to these nghts and remedies In the proportion which the Company's payment bears to the whole amount of the loss ORIGINAL If loss should result from any act of the Insured claimant, as stated above. that act shall not void this policy, but the Company, in that event, shall be required to pay only that pad 01 any losses Insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the Impairment by the Insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors, The Company's right of subrogation against non - Insured obligors shall exist and shall include, without limitation, the rights of the Insured to indemnities, guaranties, other policies of Insurance or bonds, notwithstanding any terms or conditions contained in those Instruments that provide for subrogation nghts by reason of this policy. 14. ARBITRATION. "Unless prohibited by applicable law or unless this arbitration section Is deleted by specific demand provision i Schedule B of this policy, either the Company of the Insured may pursuant to the Title Insurance Arbitration Rules or the American Arbitration Association Arbitrable manors may include, but are not limited lo, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company In connection with Its Issuance or the breach of a policy provision or other obligation All arbitrable matters when the Amount of Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the Company or the insured, unless the Insured Is an Individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this Policy and under the Rules In effect on the date the demand for arbitration Is made or, at the option of the Insured, the Rules In effect at the Dale of Policy shall be binding upon the ponies The award may include attorneys' tees only if the laws of the state in which the land Is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having )unsdiction thereof The Law of the sibs of the land shall apply to any arbitration under the The Insurance Arbitration Rules. A Copy of the Rules may be obtained from the Company upon request.' 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, If any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In Interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out 01 the status of the title to the estate or Interest covered hereby or by any action asserting such claim, shall be restncted to this policy (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that pmvislon, and all other provisions shall remain In full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement In wnting required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the policy. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714 -9091, Fax No. (512) 475 -1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy. FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1- 800 - 925 -0965 PARA INFORMATION, 0 PARA HACER UNA QUEJA, HABLE 1 - 800 - 925 -0965 — Valid Only If Face Page, Schedules A and B Are Attached IG Issued from the office of: LANDAMERICA COMMONWEALTH TITLE OF AUSTIN, INC. 7000 North Mopac Expressway Suite 350 Austin, TX 78731 Phone: (512) 346 -0000 TEXAS OWNER POLICY OF TITLE INSURANCE ISSUED BY COMMONWEALTH LAND T ITLE INSURANCE COMPANY Commonwealth LANOAMEAICA mue.Nv Title Insurance Since 1876 Home OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235 -5153 B 1178 -2 A WORD OF THANKS As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land Title Insurance Company 7557 Rambler Road, Suite 1200 Dallas, Texas 75231 TOLL FREE NUMBER: 1-800-925-0965 in Land America MN C•mm•nwealth FEE $ 4-/c), -DO 086 140351CM R- 396179 COMMENT 666 TAX CERTIFICATE KDA TAX SERVICE 5 EVERGREEN DRIVE ROUND ROCK, TX 78664 512 - 255 -3999 BRANCH GS COMMONWEALTH CLOSER EY ORDER TYPE A SUBTYPE 1 DATE 02/12/03 CAD ACCOUNT NUMBER SUMMARY SUMMARY OF ALL ACCOUNT(S) +++++**+**+ r+****r********+6+ + *+ ++ ++ + + +++ * * * + *++* * +**6*+ ++** *6666 * +66* * + * * + * + ++ SUMMARY OF CURRENT YEAR * SUMMARY OF ALL TAXES DUE TAX YEAR BASE TAX * DUE 02/03 DUE 03/03 WILLIAMSON COUNTY 2002 2,469.94 * 2,635.98 2,685.25 CITY OF ROUND ROCK 2002 2,034.70 * SPECIAL P & I APPLIES ISD - ROUND ROCK 2002 10,657.27 * SPECIAL P 6 I APPLIES WILLIAMSON COUNTY RFM 2002 255.08 • , 272.23 277.32 BRUSHY CREEK WATER DISTR 2002 118.92 * 126.91 129.28 TOTAL TAX 15,535.91 * SPECIAL P 6 I APPLIES * * * * * * * ** COMMENTS 6666 CAUTION READ BEFORE CLOSING PAGE 1 OF 3 CADS R- 396179 -AG EXEMPTION REMOVED FOR 2002 A140 TAXES WERE SUPPLEMENTED. BRUSHY CREEK WATER DISTRIC - NEW ENTITY FOR 2002 - RECEIVED A PARTIAL PLAT ONLY TOTAL FOR CITY 6 ISD FOR FEB /MAR: $12,659.02/ $13,545.15 * + * * * * ** ** 6666 * * * * * * * ++ 666+6 * * * *66 * **6 + * * **6 * ** *6666 ** *6666** + + +66+ ** *6666 **6++ GWI RFM SRR CRR W09 CADS A- 396179 TR4 /JDC DESC AW0297 HOLDER, P.A. SUR., ACRES 7.80 ABST /SUB ID AW0297 ACREAGE 7.800 SITUS E PALM VALLEY BLVD ROU MAIL PO BOX 142727 AUSTIN TX 78714 -2727 ASSESSED OWNERIS) 2002 ASSESSED VALUES WILLIAMS B J LAND 594,594 IMPROVEMENT 0 MARKET VALUE 594,594 DEFERRED VALUE 593,050 SUBJECT TO ROLLBACK TAXES AG /SPC VALUE 1,544 GFS 140351CM TAX CERTIFICATE KDA TAX SERVICE 5 EVERGREEN DRIVE ROUND ROCK, TX 78664 512- 255 -3999 WILLIAMSON COUNTY 710 S MAIN ST STE 102 GEORGETOWN TX 78626 PHONE 512- 943 -1603 CITY OF ROUND ROCK COLL BY ISD 1311 ROUND ROCK ROUND ROCK TX 78681 PHONE 512- 464 -5120 ISD - ROUND ROCK 1311 ROUND ROCK AVE ROUND ROCK TX 78681 PHONE 512 -464 -5120 PAGE 2 OF 3 BRANCH GS COMMONWEALTH CLOSER EY ORDER TYPE A SUBTYPE 1 DATE 02/12/03 TAX ENTITY INFORMATION PAYMENTS AS OF 02/03/03 02 TAX RATE 0.4154000 EXEMPTIONS UNAVAILABLE YR BASE TAX BASE DUE DUE 02/03 DUE 03/03 * ** PARTIAL PAYMENT * ** 02 2,469.94 2,463.53 2,635.98 2,685.25 SUBTOTAL 2,469.94 2,463.53 2,635.98 2,685.25 PAYMENTS AS OF 01/31/03 02 TAX RATE 0.3422000 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 02/03 DUE 03/03 • ** PARTIAL PAYMENT *** 02 2,034.70 2,029.42 SPECIAL P & I APPLIES SUBTOTAL 2,034.70 2,029.42 * * * * * * ** * ** *** * * * * ** ** PAYMENTS AS OF 01/31/03 02 TAX RATE 1.7923610 EXEMPTIONS NONE YR BASE TAX BASE DUE , DUE 02/03 DUE 03/03 * ** PARTIAL PAYMENT * ** 02 10,657.27 10,629.60 SPECIAL P & I APPLIES SUBTOTAL 10,657.27 10,629.60 WILLIAMSON COUNTY REM PAYMENTS AS OF 02/03/03 COLL BY WILLIAMSON CO 02 TAX RATE 0.0429000 PHONE 512- 943 -1603 EXEMPTIONS UNAVAILABLE YR BASE TAX BASE DUE DUE 02/03 DUE 03/03 * ** PARTIAL PAYMENT * ** 02 255.08 254.42 272.23 277.32 SUBTOTAL 255.08 254.42 272.23 277.32 G89 140351CM BRUSHY CREEK WATER DISTRICT 91A COLL BY WILLIAMSON CO PHONE 512- 943 -1603 TAX CERTIFICATE KDA TAX SERVICE 5 EVERGREEN DRIVE ROUND ROCK, TX 78664 512- 255 -3999 PAGE 3 OF 3 BRANCH GS COMMONWEALTH CLOSER EY ORDER TYPE A SUBTYPE 1 DATE 02/12/03 PAYMENTS AS OF 02/03/03 02 TAX RATE 0.0200000 EXEMPTIONS UNAVAILABLE YR BASE TAX BASE DUE DUE 02/03 DUE 03/03 * ++ PARTIAL PAYMENT ••, 02 118.92 118.61 - 126.91 129.28 SUBTOTAL 118.92 118.61 126.91 129.28 CERTIFICATION, CONDITIONS AND EXCLUSIONS THIS CERTIFIES THAT ALL AD VALOREM TAXES APPLICABLE TO THE ABOVE REFERENCED PROPERTY HAVE BEEN CHECKED AND FOUND TO HAVE THE.STATUS INDICATED. 1. THIS CERTIFICATION DOES NOT COVER ANY CHANGES MADE TO TAX ROLLS OR RECORDS AFTER THE "PAYMENTS AS OF" DATES LISTED ABOVE. 2. THIS DOCUMENT DOES NOT CONSTITUTE A REPORT ON OR CERTIFICATION OF MINERAL (PRODUCTIVE AND NON - PRODUCTIVE) TAXES, LEASES, PERSONAL PROPERTY TAXES OR OTHER NON AD VALOREM TAXES (SUCH AS PAVING LIENS, STAND -BY CHARGES OR MAINTENANCE ASSESSMENTS). THESE ITEMS MAY BE INCLUDED FOR CONVENIENCE PURPOSES ONLY. 3. THIS CERTIFICATE IS NOT TRANSFERRABLE AND IS ENFORCEABLE ONLY BY THE PARTY TO WHICH IT HAS BEEN ISSUED. PRINTED BY C06 /KDS • ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Commonwealth A LANDAMERICA COMPANY THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We Commonwealth Land Title Insurance Company will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this commitment to be signed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. COMMONWEALTH LAND TITTLE COMPANY OF AUSTIN 7000 North Mopac Expressway Suite 350 Austin, TX 78731 Auth Commitment for Title Insurance - T -7 I Page One - Texas (Rev. 10.1.97) Form 1177 -18 Agent for: COMMONWEALTH LAND TITLE INSURANCE COMPANY ORIGINAL By: Attest: President Secretary 1 SCHEDULE A 1 ' Effective Date: January 30, 2003 at 8 A.M. G.F. No. 140351CM ' Commitment No. (none), issued February 10, 2003 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) ' Policy Amount: $ PROPOSED INSURED: _ CITY OF ROUND ROCK 111 (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE -- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) 1 Policy Amount: $ PROPOSED INSURED: 1 (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: $ .00 PROPOSED INSURED: 1 Proposed Borrower: CITY OF ROUND ROCK ' (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R) 1 Policy Amount: $ PROPOSED INSURED: 1 Proposed Borrower: I (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: ' (f) Other: Policy Amount: $.00 PROPOSED INSURED: Schedule A (Rev. 1/1/93) - Promulgated Page 2 1 Commitment for Title Insurance Valid Only If Schedules B, C, D Form T -7 (Cltic 999) - Sheet 1 And Cover Page Are Attached 2. The interest in the land covered by this Commitment is: Fee Simple Title 3. Record title to the land on the Effective Date appears to be vested in: B. J. WILLIAMS 4. Legal description of land: TENTATIVE LEGAL DESCRIPTION - NOT FOR CONVEYANCES OR POLICIES: Being 2.00 acres of land, more or less, situated in the P. A. Holder Survey, Abstract No. 297, in Williamson County, Texas; said 2.00 acres of land being more particularly described by metes and bounds to be furnished to this title company. Schedule A (Rev. 1/1/93) - Promulgated Page 2 Commitment for Title Insurance Valid Only If Schedules B, C, D Form T -7 (Cltic 999) - Sheet 2 And Cover Page Are Attached 1 SCHEDULE B ' Commitment No. G.F. No. 140351CM 1 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy ' will not cover loss, costs, attorney's fees, and expenses resulting from: 1. Item 1, Schedule B is hereby deleted. I 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. I 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only.) I 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or I b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or I e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. I (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2003, and subsequent years; and subsequent taxes and assessments I by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed 1 for a previous tax year. (If Texas Short Form Residential Mortgagee Policy of Title Insurance I (T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years. ") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is provided to us before a binder is issued.) Schedule B (Rev. 1/1/93) - Promulgated Page 3 ' Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 999) - Sheet 3 And Cover Page Are Attached 1 1 1 8. 1 Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Mortgagee Policy only) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Easements, or claims of easements, which are not recorded in the public records. b. Any portion of the property described herein within the limits or boundaries of any public or private roadway and /or highway. c. Electric and /or telephone line easement to Lone Star State Power Company, Inc., dated August 29, 1925, executed by A. J. Palm, recorded in Volume 225, Page 31, of the Deed Records of Williamson County, Texas. d. Pipeline, telephone and telegraph line easement to Lone Star Gas Company, dated August 14, 1928, executed by Mrs. Josephine Palm, et al, recorded in Volume 237, Page 347, Deed Records of Williamson County, Texas, said easement being amended and ratified as set forth in instrument recorded in Volume 349, Page 471, of the Deed Records of Williamson County, Texas. e. Pipeline easement to Lone Star Gas Company, dated June 26, 1928, executed by Anna L. Palm, et al, recorded in Volume 238, Page 187, of the Deed Records of Williamson County, Texas. f. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated October 11, 1936, executed by The Estate of J. A. Palm, Deceased by L. M. Palm, Administrator, recorded in Volume 281, Page 464, of the Deed Records of Williamson County, Texas. g. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated July 8, 1940, executed by Clara Palm, a widow, et al, recorded in Volume 304, Page 248, of the Deed Records of Williamson County, Texas. h. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated February 25, 1947, executed by E. C. Overall and Catherine Robertson Overall, recorded in Volume 343, Page 330, of the Deed Records of Williamson County, Texas. Schedule B (Rev. 1/1/93) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 999) - Sheet 4 And Cover Page Are Attached 1 .,......_..,s. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i. Electric transmission and /or distribution line easement to Texas Power & Light Company, dated January 8, 1948, executed by E. C. Overall and Catherine Robertson Overall, recorded in Volume 349, Page 408, of the Deed Records of Williamson County, Texas. Access easement to Anna Letitia Palm, dated April 12, 1954, executed by Catherine Overall and husband, E. C. Overall, recorded in Volume 400, Page 79, of the Deed Records of Williamson County, Texas. k. Terms, conditions and stipulations contained in Boundary Line Agreement dated August 30, 1946, executed by and between T. J. Palm and Anna Palm and Catherine Overall and husband, E. C. Overall, and recorded in Volume 339, Page 174, of the Deed Records of Williamson County, Texas. 1. Water and wastewater easement to Lower Colorado River Authority, dated November 2, 1999, executed by B. J. Williams, recorded under File Number 199983741 in the Official Public Records of Williamson County, Texas. m. Terms, conditions and stipulations contained in Roadway, Bridge and Utility Easement Agreement dated December 20, 2000, executed by and between B. J. Williams and Legends Village, L.P., a Texas Limited Partnership, and recorded under File Number 2000084168 in the Official Public Records of Williamson County, Texas. n. Water and wastewater easement and right -of -way easement to Lower Colorado River Authority, dated April 3, 2001, executed by B. J. Williams, recorded under File Number 2001023176 in the Official Public Records of Williamson County, Texas. o. Terms, conditions and stipulations contained in that certain Ordinance No. A- 99- 12- 09 -12B3 of the City of Round Rock, Texas, annexing a tract of land which includes the subject property, as set forth in Document #199984503, Official Public Records of Williamson County, Texas. p. Property lies within Brushy Creek Water Control and Improvement District No. 1A /1B which has taxing authority. Rights of tenants in possession under unrecorded leases or rental agreements. J. q. Schedule B (Rev. 1/1/93) - Promulgated Page 3 Commitment for Title Insurance Valid Only If Schedules A, C, D Form T -7 (Cltic 999) - Sheet 5 And Cover Page Are Attached SCHEDULE C Commitment No. G.F. No. 140351CM Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid, all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, there is legal right of access to and from the land, (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Satisfactory evidence of access having been furnished to Company, the policy to be issued will not contain an access exception. 6. There are various judgments and /or State or Federal Tax Liens filed against B. J. Williams. Company requires that the liens be released, or Company requires that it receive satisfactory affidavits that B. J. Williams is /are not the same person(s) as those named in said judgments and /or State or Federal Tax Liens; and, further stating that no judgments or State or Federal Tax Liens have been filed for record against the above named party(ies). Said Judgments and /or State or Federal Tax Liens are recorded in: Document #9624405, Document #9624406, Official Records, Document #2000000515 and Document #2003003717, Official Public Records of Williamson County, Texas. 7. Subject property is located in the following District: Brushy Creek Water Control and Improvement District No. 1A /1B. Verify that all assessments have been paid. Secure the signatures of Seller and Buyer to form entitled "Notice to Purchasers of Real Property " .(System Form Schedule C (Rev. 1/1/93) - Promulgated Page 4 Commitment for Title Insurance Valid Only If Schedules A, B, D Form T - (Cltic 999) - Sheet 6 And Cover Page Are Attached 1 1 1 1 4 . 5 . 1 1 1 1 1 1 1 1 1 1 1 090) 8. Company requires evidence of the marital status of B. J. Williams as of June 2, 1999. If B. J. Williams was married and is now single, or was married to a different spouse, Company requires sufficient information to determine the status of any outstanding community interest for purposes of the joinder of additional parties, if necessary. Company requires the joinder of spouse, if any, in any conveyance of homestead property. 9. Secure a metes and bounds description by a Registered Professional Land Surveyor approved by Commonwealth Land Title Insurance Company. 1 IN ADDITION TO the requirements set forth in Schedule C of the enclosed Commitment, the following requirements must be met by the Settlement Agent prior to policy issuance: I 1. A properly completed Affidavit as to Debts and Liens, executed by Seller; I 2. A properly completed Waiver of Inspection, executed by proposed insured, for each Owner Policy requested. 3. A properly completed Owner Policy Rejection, executed by purchaser, for each residential sale in which a Mortgagee Policy is to be issued, but no Owner Policy. Proof of payment of all taxes due and owing at the time of settlement, in a form acceptable to Commonwealth. PRIOR TO CLOSING, you must request from Commonwealth a "downdated" Commitment for Title Insurance wit- an "Effective Date" of no more than five (5) days prior to your an icip te closing. COMONWEALT bi Lf` TITLE COMPANY OF AUSTIN / /By: Aut ountersignature Schedule C (Rev. 1/1/93) - Promulgated Page 4 Commitment for Title Insurance Valid Only If Schedules A, B, D Form T - (Cltic 999) - Sheet 7 And Cover Page Are Attached SCHEDULE D 1. Commonwealth Land Title Insurance Company is a wholly owned subsidiary of LandAmerica Financial Group, Inc., a Virginia Corporation whose securities are publicly traded on the New York Stock Exchange. Commonwealth Land Title Insurance Company's officers and directors at December 31, 2001 are as follows: Charles H. Foster, Jr., Chairman & Chief Executive Officer Janet A. Alpert, President Ronald B. Ramos, Treasurer Wm. Chadwick Perrine, Secretary Kenneth Astheimer, Executive Vice President John M. Carter, Executive Vice President Theodore L. Chandler, Jr., Senior Executive Vice President G. William Evans, Executive Vice President Russell W. Jordan, III, Executive Vice President Janet A. Alpert Theodore L. Chandler, Jr. G. William Evans Charles H. Foster, Jr. OFFICERS DIRECTORS David W. Koshork, Executive Vice President John M. Obzud, Executive Vice President Karen L. Schmidt, Executive Vice President Jeffrey C. Selby, Executive Vice President Donald C. Weigel„ Executive Vice President Stephen P. Veltri, Executive Vice President Jeffrey D. Vaughan, Executive Vice President Russell W. Jordan, III John P. Rapp Jeffrey C. Selby 2. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owners Policy $ Mortgagee Policy $ Endorsement Charges $ Total $ Of this amount: 15.00% will be paid to the policy issuing Title Insurance Company; 85.00% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: $ to for $ to for Schedule D (Rev. 9/30/92) - Promulgated Page 5 Commitment for Title Insurance Valid Only If Schedules A, B, C Form T -7 (Clitc 999) - Sheet 8 And Cover Page Are Attached *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. 3. The following disclosures are made by the Title Insurance Agent issuing this Commitment: Commonwealth Land Title Company of Austin is a wholly owned subsidiary of Commonwealth Land Title Insurance Company. Commonwealth Land Title Company of Austin officers at December 31, 2001 were as follows: Lori Naylor, President Susan Graham, Executive Vice President Laura Brookshire, Vice President David M. Parnell, Vice President Kathy Tice, Secretary DIRECTORS: Stephen P. Veltri Lloyd Draper Lori Naylor Schedule D (Rev. 9/30/92) - Promulgated Page 5 Commitment for Title Insurance Valid Only If Schedules A, B, C Form T -7 (Clitc 999) - Sheet 9 And Cover Page Are Attached 1 1 1 1 1 1 1 1 1 ' Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. ' Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) I determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. ' These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is ' conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are the title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. 1 1 1 1 TEXAS TITLE INSURANCE INFORMATION - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. Title insurance insures you against loss resulting from certain risks to your title. The Commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The Commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que puenden afectar el titulo de su propiedad. , El Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaccion. • 1 1 1 1 1 1 1 1 1 ' Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. ' Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) I determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. ' These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is ' conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are the title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. 1 1 1 1 TEXAS TITLE INSURANCE INFORMATION - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. 1 You can get a copy of the policy form approved by the state Board of Insurance by calling the Title Insurance Company at 1- 800 - 925 -0965 or by calling the title insurance agent that issued the Commitment. The State Board of • Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. - Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. 1 1 1 1 1 1 1 1 1 1 1 1.. 1 IMPORTANT NOTICE FOR INFORMATION OR, TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELEPHONE NUMBER 1- 800- 925 -0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1- 800- 252 -3439 to obtain in formation on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P. 0. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 ADVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA OUEJA LLAME AL NUMERO GRATIS 1- 800 - 925 -0965 TAMBIEN PUEDE COMMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1- 800- 252 -3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguors, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P. 0. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 1 DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a I quicker and cheaper means to settle a dispute with our Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be I limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or ' the y to require arbitration if the amount of insurance is $1,000,000 or Compan mes. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and I returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. 1 I The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured by demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, un the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorney's fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." 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K.s, =ens d,SUraiahed at theanS �o f , Gr - entee' th saae °' ^• end 'i nd o : t he 1 eet0 71.11es ar3 reETlatle'ns aa_ or:v¢S1 - .o A ttiene�r0 pol?�+8 Hs: .,: ._ .The eoLOlderetlon flint above reon..o ea being, pill to' dreutoriby;ereotee �atlb feetiou of every rust lioreby granted. tell onitisnnneee Pend agreements heretin,eoutain J obeli extend to bo binding ipott t1 reepeetivo t.Sre; •, legal troprosentatieea, atmeeeecrs, and neeigne of the parties hereto. - ` . .. a, ;,, , a ^de,•teood e4 t ? of ;sing t *_1e F'^r,,:t tr. bebott o. ^ thttx.na to U without eu on wake to ,ke e _ elv . o�:m or agreement dot heroin erproaeed. f^%r'etet L zumeicti soctrokemizzo Xia ;t r 1 1 1 1 1 1 1 1 1 1 1 'b t a_" ) A 3turhly am! giazie S Stuchl7, his wife, both 000wn to sx to be the verso= erase aces 000 • • a 1: , ,,,....<023 :e th e pzoyosos end eansleoration therein exorassedr end the 3x14 91nsie 4 Stoutly, rite rt the e :d ra ; : {. ,,,i4 Joe A Stac511, having bear ea Pined by as privily cad a -art Iron Par h csbsnd a ti having the - a.4 _r, y ,y sra telly exp t her, she, th_e said 41an1e T 5ta:017, rc»sadeed sxk 7aaz to be ,a-, • ",_rr i , .y ea and deed, ad she declared that she bad willingly sued the sea for the parposea and t=ideratien therein expreaoed, and tans sae did not wish to retract it. , :d i _:i GSvew under ny Ps= ad =al of office, this the 31 da7 of 9.071 J 1940. e (I.g) 3295 J 2A3- A :...T"4, SLte 1,blie In s� for Ss0es C~` :7, :eves. ' S tn this ...21 slum' 1.199, ) u,.: Co n c: G OT 1337.23$ ) Urea se .,.e :Goer41404 asts01i, a a le d a7 persona appeared ._ it ,F�' L'tert St•:ctiy, +.en to a t+ ." to _c r _ -_- _.--- —_ rasc i T^. the fcx8V+004 instrument P.L. , - es) acl7.csladred CO that he e60e:_ed to sat• for tics pu_•=.:eas sod oc-elderat!=a therein espresaod. .s• N. y aeon odor 4 head and r awl t- •ffice this the 21. day of ply A 31949. (12) 3002 3 5ASLA:L'P.Ar Aotu7 Public in ad for Races Coy ream. ,,....o -.a T'— 5?ATE GE TEXAS =TV OF HILLIAILZOS ) before ne the =deral4ad anthcrit7, on this del perw=eli7 eppeared 0 : :tau* 610517, h warn to :a to be the person whose nano is tabseriteel to the 20 040icg i,strestexL .. a.. and eeroe :edged to re that he executed the secs for the p 0008 rand ewrni. aiia tSrein .o- , ssee. A': 'a Given ter e7 hand and seal of office, this the 25th del of Ea7 8 O 1943. s . e'n phi ILI) 8 C 90270219, Sotar7 Public In and for 10311.cs08 Co07, Tens "led for racor4 July 27, 1242, at e ortlo`_Y A C. Eroded July 27, 1941, at 3 &clock P E. C 0 AJt" Cathy Mai. 9111136000 Canty, Sex.. its tens e- I:4.. ' 1 C MEALY, ET 8Z STATE GP T ET 554 P SE+1'S: army cp 81LLi AE505 I =if ALL %2: - , to t•s private corporation, 1s the present owar ea holder of a d!h,SAS, Lone Scar Ces Con; any, e + ' . .,., .. :etl dated Au.�.s0 14, 1926, executed by George 8 Palm, gloom Pala, 4N , ,•Syr, ; right 0 1 my or 00.5 4 obent, Adri0nne P. an John E Pala a " Seale C R 5 g Roberts., Josephine, Pala, t=ore Palma � = 81111060 County, out of the P A bolder 0:00.7, 1 ' .o ' ` -a described more fully in a d ~ .+g � Cantos. covering 324 wares more or lath + as 474s �� dad a D Thoapapa to John Path, recorded in Volume 8, page ° p e7n "' which r1PJrt of re7 and easement a corded on September 24, 1226. Dead Pecorda of sai C o unt y, yon County, Texan and r to secnro ;a In Yours 237, page 347 of the Dead Records of Williac 0 right of aoj`n ^ing it " + and opponent Front granted to Loa Star Gas Conpa07 o A g e Mara., said right of n s0 tain line r pipe lines and appurtenances than YO� 0nt to a 0atruct, main and c pc ^ate a pips , ?3 l y S tad a d telephone SA. + ..e Li , F Sa to a o operate telegraph ad 11nes in connection therewith over, d through the ' O. end to ithst neoe aintain and 40 o rs o , across, under an a rote eri oyes. Eu7 sires and anchors r' f face together with the nacese . P then w)1 150 right of ingress and egress for the purpose ) oce deecrloed 324 scrap of land, together 1t „ R S .� ea meinth and replacing and romping t0 property i } I • r 1 i - Sn1ng - t- ..anatructin SnsPOCtin2r repairing, ss�� ',,- A 'N. ' ' -'. • ----- .4:.:.—: .. . :::: ) 135 TA7E.IP Mr; .03,21 OP IILw ) rth723 YS, Cho onderaiund authority, on this day personally appeared 103=19 `_!S CO. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 472 18 .901, whole or In part; and there., acting under said right of way and easement the predecessor 100 title to thno 2183 ,c,a 0.peaay dldjay and construct a four-inch (4 pipe line over end aeroes the aforesaid 324 , o r 'which Bak line is inesently 123 lo e aid lend and is known as in= (4 Line'L;:stui,s;i • :, , . go=rmy did proceed to lay and construct a tenimh (11:1 Whereas, on or about.7...1,r 1242, 9. pipe 110 thera as Line 1-31 en, over and manes the amid 324 acres of land, -Mich • . , removed by Com;01 Ite Cr about October 23, 1947;and n'ilepute and centroven arose between E C Overall and wife, Catherine therwl:, present owners of the said 324 acre treat, and Lone Star gas Coszpany as to Company's rights men • the aforesaid easement Of Augnat 14. 1929, end as to Co-rasy authority to take up and ravave aforementioned tata-inch gas pipe lime, lac. as Line 1-31; and whereas, obisre ha; ale0 arise. ti.pute end cunt -.are? a0 to claims fords:hares made ma, part of E C Overall end wife, Catherine Overall; and Whereas, there is pending In the 25th District Court of Zillanzan County, yen., Ca., Ba. 791, styled Lon, 31. gas Company, Plaintiff, 3 C Overall and wife, Catherine Orerall, Defer: da.te, Dwelling issue0 in dispute as to fearp.V0 authority und•r the aforesaid right .1' • ay ami 1 easement great of August 14, 1028, and the claire for damages made by 13 2 Overail end wife Caner. ins Overall; and 1 Whereas, it is the desire of Coati:meal/and 2 G Overall and wife Catherine Cverall, 'as =prn.-•'sr, I s,• end settle ell differences and disputes •xistisnz between the partiea. 830, TE=Ola, preedees considered, the parties do hereby agree as (1) 2 C Overall end wile, Catherine Overall, do hereby ratify, conl'irs .4 edept far pores the reoregaid riePt of way and easement grant of August 14, 1928, and do agree that said I easement is a valid, binning and =heisting easement in every respect. That all of the rights k therein granted, ae pre/18,d by the terms cf said easenent, are hereby confirmed, adopted Ed aCreed to with the same force and erfeet as if the enid E C Overall and wife, Catherlre Cvereld• had originally joined in the execution of said easement of August 14, 1323. The maid E 6 Overall sod wife, Catherine Overall, do farther agree and acknowledge that Company did leg, construct end install its 4° line L, presently on maid lend, ecting =der 8,3 proper authority granted in eald right of way and easement, dated August 14, 1322. snd 82 has the authority CO maintain, operate and •019d0e raid line as provided by said easemmt, erd d.ages or injariele because 09 the existence or said line. or the laying. maintenance or operatim thereof are expreesly waived. (2) Company agrees to pay the Sme of 4350.00 18 E 1 Overall and wife, Catherine 0002210. 05 shall ba full, adequate and complete empe..m.sation for all damages, claims or demands for dmssgas or injuries alleged are:fr....tad by the said 8 C Overall and wife, Catherine Overall, ard 8 '"'". payment of the amid sun of 3350.00, the receipt or which is hereby aclmowledged, are said 2 C '1. and airs Catherine Overall, do hereby fUlly rolea.e, relieve and discharge Ce:apsnY 138 successors "nd assigne, of and fro, any ani all claims to the 10° pipo line, 1 which has beet removed from the eforesaid 324 aerea of land, and of and from arty demegoe to said lend caused 9 9 the removal 07 aid Line L-31, or arieing for 807 other reason, Including any damages to the at said 324 .0008 of land, or any damages to persona or real or personaliaroperty. lnoludThS end of and from any etheas in action, claims for damage. to persons, property end land, includied the aforeaaid 324 acres or land and any cattle or personal property having been located er . is located therson. It is the Intention of the said E C Overall and wife, Catherine Overall, b., the execution of this agreement to forever release and relieve Compony, it, successors and ad"' / AGNES ISHATLEf from the dispute. cempany, Plaintiff, District court of V 3.10 08 cf the ag 419 er,..3. assigns 09 boob agrees to oaapeny Plaintiff, •. 1 C Witness the execution t fg) 1.0782327 r.LM 07 ) C3792 07 DAIL= ) Befo: Cumty cad 3tatv, this d .02pOrStiE0. irnd instr 0.004 mtknouledge. tho,10 .09300008, In the thven or my hand. an (I.3) 937A9 308'7831S ) COIL'T DTILLXGSCS Cmsnty and -State, on this 51 000 to me to he the terse edged to ma that they exec. tthaaid Catherine Cverall, havitri. sethewledged such Instr.= I L the same for the purposes e tract it. Given under ay hand as (LS) C LANSBEPPY, Piled ord 2r s z o 3017 21. a t 3y 31-4 I M STATE CP TEXAS COMITY CP E/ILIANSOli ) - VIVP.EAS, By • certain 1 mad curt!. B 8011, dated 31 1 01 1,06 a part of the Padre 1 tracts designated in said the above described 403.7 1 !U.! of Mrs A iitehatley, T0y3 / is here made for a ful1 am relating to or embraced in the dam end — M any me. all rights, 01.1.... or deasands of whatsoever nature 021023g out ef 1 1 1 1 1 1 1 1 1 1 1 1 1 th her er rt, hat Grr ms dein — ii GGOG the disputes and differences invelvad in the aforesaid CauSe No 791, styled Lone',1` I s . u ..,,,, e gcnovany, Platntiff, v. E C 9verall and wife, Catherine Overall, Defendants, pending in' i tbs:'.261h District Court of Williamson County, Texan '- (3) The -:,- err, of the agreement ehall inure and extend tg 17.13iise th re 'tr ' cr.iv ha ir:; V Misers and •sSigns or Oath parties hereto. . ? (4) cenpany agrees to dismiss at its cost the aforesaid Cause 60 791, styled Lase Et. Gail. g=geiny, Elainhit T. • 3 C cverall end 01:0, Catherine Overall, Defendants. v 'Situate the execution hereof, In duplicate original. on this 12 day ofYebruary 1943. '' vs) 97•=7• LONE 3731 GAS CODZALT 7. ,Th-ir, s..roury 2; E F 5109.z.n Vice Presidtht (ECG) E C C7F.1111, (iG) C3P=.79. Cir.-XL , vran 037 IT] crtreits to cr ems sum or PECLAS ) CCM OF Dal= ) Eefore re, the undersimed authority, • Notary Pthlie is and for said ned State, nn this .107 personally appeared Z P scidt, Vice President of lens Star Gee 0000 007, a corporation, loath 10 00 to be the person those =a Is suloacribed to the foregeding: 10st1e=nt, ard acknowledged 10 s that 90 0 390100.1 the sane far the ,thrposes thd consideration therein expressed, in the capacity tt.rein stated, and as the ant and deed c: said co--paratith. given under my hand end oeal. cf office, this the 23rd day of February A 0 12e. Da) ansl DoWiTY, ECTA...T.f PUBLIC, - in and for Deltas County, ;Ames. STATE OF TETA.' 907376 OF 12LLI5:1307 ) Bofors me, the under sighed eathority, a Nots_-y 709111 in and for said County thi Lite., on this day personally apptared Z C ?reran and Catherine Overall, his wife,' 1=e00 to me to be the persems there nthes are ethscribed to th- forego-ng thstrueent, end aekneei edged to that they executed the same for the purposes 004 coneideration therein emoressedreetal the said Catherine Overall, wife of E C Overall, having been examined by ma privily 004 apart from her husban3 and havi.o . thee the rally explained 10 her, she, the said Catherine Overall, acknowledged such instrument to be her act and deed and declared that she had willingly signed the se.,e for the purpozez end consideration there= expressed, and that she did not wish to re-' trtht it. Given under my hand and seal of office, this 1811,0 ay of February A D 1.940. (LS) C V LANSEMPE, Notary Public ill and for Williamson County, Texas. Piled for record July 27, 1948, at 9 o'clock I M. Recorded Jay 27, 1940, at 4 o'clock 11 3. Deputy. O 0 BEAVER, fourrty Clerk, Willianson cethatY, Texas. ...... '478, -_-_, ...,.., 1 WdaTLET oPTION T 0 LEASE C019I0 E GALL rar., !..7 ... MAZE 07 T69A5 ) COME Q Vril,i,LSILSON ) '......1 :Al ,as been , 0 aUSeG bi 4'. PELEFLEAS, By a certath Oil and Cas 9.0000 =030 and entered into by and between the undersithedi v tr.e Cc— wed curtis B Dell, dEtted JUne 19, 1949, the undersigned leased unto the said Dalt Berle 403.7 acres a imd . pert of the Pedro Zsrua Survey in gillianaon County. Texas. leas, however, three eeltail 1.--kidir4 tracts designated in said lease as (a), (b) end (o); tract (a) being 35 acres on the Meet side of cr riicc the above described 403.7 acres, an being designated as °Tract Dumber Six" on Coraervation Plan e-ell, by 90 .. of Era A Athatley, Taylor, 70000, Photfs Number C9B-3-4 =23 3-6, to which ,aid aup referenCe: 10 here made for a full and complete description of a cid 35 acres; tract (9) being the acreage .....„....... exhe ,.* the a..,, and th ....,.......,,, ditch re theing along the bame.oundary between ^Tract 110" and ''Tsreet -- 1 1 1 1 1 1 1 1 1 1 "�z_a4 'o#'�',rhM1. F t--+ 'LS , 1, �..•,- ,:m�_�^.�i`."�s,tt+'�..._�,j�c# -.. " k.. >'t,i ej "'" �`�,..i •�.a.sL,- wo a;' �. :��w :'L1 i! On Lu .Ito s oee :sera; t ;`well'rod,convey anio lone - Star law , lospanj;' a; corporation : (herein 'I, '..y «- - '� i...' a; �� rk;' baC .'r :.wy.4i.' +;..g+$'s ::<,:.•,. M . . atylU • Q:auU }.,it5 ceces�ar1 the det Xol/ g;:±�esvions," Bi of j'aue se4taeae ic co street' `.r.'. • aant . ffiYa :4111 :El e' lins o tea4 ➢c<96 hCt'Ein CrET "'L t1COa, o f r eppar jy. c; desorlbe1 lends; _itaate in ?Shia =eon Coin ;w' < :. .y . t:+' ��_, r Y :iti €4 ,."._ 3:x3 acres, - core. or- less.out 0.,7Rl1siDoMis .d;g18ald "- vrsEYs: n' _.. c •rECeided :ie..jala 143,` 1E5_:/3e3 is 3ied irocS a :33E:.et ui tti i� 21 P9, Secd i•EOe ts'et ,sal3 Colety; io c r: ei'e . te ee l8; here 11111 o. •t4rtheT dESCTiet1O win it.4,•w•_we.,,., I�?. '�- s1 a es 53 �lmv< So holdad +"aid Grantee, its ltweas4^ L`1d'8i rich 21 &e. to s3 he maint4SaEII; i±ltll 1no -less ,to Ka1 egt'ees Txvn • tie prEtdeES, or toe paxpoez of 4oastanct5ug, °- nepEcLicp; rEPaS21D r1Dt; yF .,- 133 ..- :oinel of suoct ,:ecin3 iliE crone rty 02 aa a lec ngoveQescabed and 't7iE• rEmaval • shell a. or in pant ... . V .,, .. The read e•- s_^.to1. 's to Laity 413E an/. said ^pieatsfs; except Sore the r. rpoees heretabefore gantai to th1' asldCrantee; *6:e hereby '3Creea. awry, Oil te •.t toa su:iloSEn: depth - So 1313 not t�f lAtETSEie �lth�ba? ?Seatio?•of soil ffi , e to Pti any dare-gee which ray arise to growing °rope Or t<AOec AI32e :cOns11 etien. Dais tenesoa - e3 t a7. u3reEd upon, t �. ..aa operation of :.454 pipelines; :4f6 o aoi ir:. -', f ,.° ,, ., , • De 413 :Ertained nod d < :ere1. by Sake aSSYAtEr0te pe:'aCAD „n__ th<reof to bi'appnlnt<II - 7y S"r L<id Srtnlor, oac by the 13-.1 Erentee, and the third Di ,1.330 a, . s wppsinted 0e FsF e:orewain and the written ar-rd or ;.Par. tYr<e Meanne atoll be 'tlaal and conclusive.; be 1416 tiler Via grant at any time, the min of t3'3Aty SnouLII mre Vaal one pipe: lint • , '•t- 1'-'11 par lineal red for 0401. CO Da 3.111e A0011 be paid, besides the daaagee • yrovided ic. re'tee tit =s=_ , Tex.,: the arsolse will 0.7,n '. : : :EC sp - l1c't 1o4 :L t.. � °< - • = e. ...ust le se sede < _ ..4 . :< lia< oaoatr:ate& bl 6n.nt3E oa 3:4ct033 .T.LIt 04 tor -.u: .ueraii v * ` ci `1 re v e...r o , c-.144, DO nouns • TA °r• ..Y2 ,J.7 1ErE_ tyl<a a' xL�`3 ^ T> 1 .1, ' zEtG'E5016� 31�6i1:�� nR �� .t r - �<st.-.. .�.� 1�-. . ..: k R • Or more) pail, the receipt .02 s.� 1 +, 331.33 _ -iaa Said •� .*;.ir.olr;tia,i'�•,.* �:,•yw .` ^•W iW.cy i .;r..i i"` it ,wt,.. y_ y,i t.N_.u, •Y, y .1 Y'.a'<j- •4<�n'.'v7u^f,'Ei'!;3yC �[.;j..I:7t��,,.xt�R�W'1;� -SAW ,t'i'i'r"'��,zc,�?.K "�}., •,:Y::�'�x` ;5"Y _ .•:J -Pf H ,Y.�r ;:•:,$`"�i. i y4h ra`r:t:4T'"}� ; ,t KIT x.,.,,r' 4i';4�#, a:+ ': : '�•.p, y a ti t q m,,,;,.. 9 ',?, �Ufl r rAt eor_WW H t1 ci-T b.r,<�`.t';li,: ;;+c,'•7;. i'1f`:,•j .1 ' ;` ' f ,�.'::__'4::,v i w'�, N {. 0 7. :_'Y:: ,c Or. sx •Z "y'tFt .i1. 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AL I 4. - Raterairat - eat IA. 1 tut, 0.4100111 A •Ii."el • clasa. , • • • - 17 •' tes.e911. tete& . , • 43.=137I AYSIIMO. 1 a 7 etnu,ter 700111 & L/Mri co ...1.4 7,1,-, ' .t.„17 810 T0108 . t• 'am!! * - . - *** - ---: - a.. '.. ) , - ,^ oat T al triF ,F...1 11058„ ■ . 4 ,-;-• • 4 001EITiry,,inirReFai, - aoe12,so.s1* - -,,,,,,,,,,r,„4, , ,,:grnereiw.x•=seiri t i.7......L-.7._ - • - - '., - -- - -'4'.6 . -:-.4t 1 ;?, - '.1...;.... for .nd I. . . . drS1 ff ''' F il h l — -- - - — --- c _ 1 ....m., o oils; eratioa CO r 4 O ' E - 11.1.1 .4 rier 4 "o r mittise - by, .=1 ceistroFrio of Ire trame VrIefl/IZ: teI ,t .,.et • ., e - ee;/ Er ,, anasian r i rea. r lre K elereimf tea_ =eel . r ole1-e.r. ee,,ezol.o.<taa enuman ....... ' " , i4" "- - -,0- ,;• - "bs"" --rWa Vr i7,11--- s. -- " ,. • --- " , '" -- '-''''''"• -4 4 -, f1., „4. 'll'Er11 44, ■.- - 4 4 F1 4. " 4 " - ..“E'''`L-use, --w egets' ,--- , -- ' . ..,.7 . _ "`"..P...PP.,.4! 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'• '''.'- '''',■....t'..X t A J■tI■ - . , ,.. , , , „,; -reglatrino rh•hroreseleiertetiog Texas'Poi•iii• tb214tht pesepany pole. ■ 4.7 7 eb ,,,,•;.--x•'4,.•-•:Ni, •,. he. la , ...elan s., dle 4.- 00 1 1 0.. ' 1 1 1 1 1 1 1 1 1 1 1 , • . 1. aisa :•.7L.,,•,,,, ' ' • .1 ' :.'.._il••• ,•-'. • • - 10 00 ' Crf"20 4 feet - nord or lens to t gu7;,nr.chor.; ..' _. ,. , 1 _ cee ,' • ,51- 01 81. icit ersD2C then ,tssroisse, an etshe anti "ono tripe ohe'll-Se „erecter! allot tbF r ,.----.,. r-r . •• . -7-' - ''''' - -. --.. ----, , -. .,,, , .,,,..,,Y4, .,,•:•,--,,,:,. ,„ •:, ..,- 71,/,'„,•:. .., ..- .., .,, „ : :,, , e. wire 271 . .. , "%, To= 100 00118 the 'richt of ingress, nal egreer orer reiloor).S44 spent!. leosto.to-Or Irre -4, .,--- '''' sr , •'1 - , 7• , •, • ••.: ' ..-: - •-' - . • • 4 - =i • - ' - . • " peai r. l 4 ; eel/ right of soy fli the purease of constructing; rocaccratetics,- =V a0„4-zi , , , Y 1-: ,,,,,i1 4 . ,.,.....-i,._,...-,...14, e, • • ,,---,,--!.. Iv.:,-;,!•,•;74.. -'5' ';', ,!.... .'-" - •,,,,. 7:'-'',. --'7 '' , ,.„. -..? .. ' ,..., : • ,,,,,,,..• ' 7 1' hamsin0 50' 51.0 c0 .. 8018 101185.07 and r em oving ..iia 3.1... epportanant din:: the right . to re-1 ..• - '"'" ' "" Zil 4 '..;-• '"'",'-'..- ' ;.'. he tn. seri re l ative position to •l, aluscanr"erusl 17: in. 1.119 • Iel e! ce Zrelr4;*.ieeee:ic.......:.,.. r-, ' e. - Ltil; :01-0118; aa 'Cp rallava 7700 said 10805011 Orlon, eoul- there 6rether abatruetia= e, . . Eo here ail. to hold the above descritad 02500004 and rights unto theheld :El its snaces;crs easiar oretil sole - lioe S2OS 1 D; Clenedoned • • • - 2/, pl 1818 18 an hire. 18 8218 12:ourcelehel ey10ael 5 •E 1Pts: vs:r.sertsticso tt 1 ..ure 12;ISI e , variant 808 101,0,7 080,01 a..nd 010081788 the ;bore 40,0,1180 o&,00001 001 rishts unto the • 70787 ' ite cs,cr-sove ens er-isns, szsinst essrir friteere *co ' 1 e "Intoine" .-4i to claire the sore r• 007 Pert thersor• • • intaqa, ocr hanis thie 25 flay of Feb, 1947. ,' 1 F. otrrortir, - :": ' • + f, '1. STAIR A Tr L cowry Ofifa.414.1501P- Cad rel,gn sat r imii 'illy a.P I ' ' Z' ,...i I ;r . ' • - li'r , =:'.'..I ''' .. ; , , , , , T2e.,...:Ris Cabnerbere - moan are -* ; aVliAl; k.. 7 . :. C --. i . ' 1 :1 4 ?*,..P.,1 ' ' ,i, :I.r,i,',1 1 - F'-',.•., -,r•••,r,„S-fir7: , , „ .- -':.• ,-", -"S7,-"-, • • 1 1 ...k"'.c...64..,' ,,,, as,fetE , 11 , .... , 2.4 , 1.......Y.S2E-a , .. .......,u.a. - • - • ,,,,, ruceu1.531071......,,,,,,,,,- , ,.......... :4,-... ..-.=.-...,. 0,,„: - ... : . , -- ' ra S7,11'11,07 ...ir ''''?„,... ,s ,, , . 7, „.... „:„,...„,,,,,...72t‘.7.: r• T r.... . , ..:4' • :::"........,.. ,- -x. - ,,- •• ' :„.„...- --....,,:.. • ' d `, :zo - via'criake-c,••••• , ct – 7 - iiu =s-r- ----, • ....-.,.....„1....:;_;::77.: ..-4 , ..-=' – '''.."--:,,,,-,----- •;,-. , -,,,,s... r'..1 ... ' -4:5 ,415,7A ..... "-- - 9 er tia''' ocnstruction:grz,t-teneistotrio tr=s- s,.-,,,,....r.off, -_ .. : ' ' ^", - — ' 2 ' - 7 =' . r..,,..... ..., - .,,,s - rrvito,simet,Ortat - Ammillimcca - V,11-ii , v , r - i •,ei.. , • ' , •'' r,'` odssiort,Ond/irr.distritilitirytirlineissiefiinfibiLdideribea. bEire;libb.te i. .na bi ■ '...■.- — , e 7,7 : 77". .edig=alart..P , .....=:: "...-'2 • " --e - „ ,_ .. .........,.. ..b. q7 = • ' ''''''' ''. - q .2: r ;or htric arl,c'ec _iinnenieeiOn_stielja.741itribaiinn line',00neisting of : tans. preeente,do groa soll Cd1; Ityof -drt n..7-stati ?ZeIr 1: - 1.1g,I.: Crelpany id,'_iaiSitent eal ri,f . .• • . lelreei e .13 belereeeiiv-or - easirebfe oc,al-te" neno.eilnoloSind.-51.1`:croda or,woodal or tither materials, bela;ibeare ocd tolegrapn wires`, - prop: end guigrat. Or mai& the IseatiornigO alond the general " ceorell'n;e 'located end staked out isy tb.e•eSie V.pacy, oyez across niselhpren the SoltoiLeg ,, , ,:-..:v-p fv........ ..., i....e...,■•1 ...... : W .. ...e,..V..2 ,,,,,, ...., , Z :, ....„ -, „., _, , . . ■ ; , dose:load leragt aoaa Lad ..1...b.:.11.1.11e2.‘,13 , 7. , ..a., , ,:"...nis • 14,-,11 . ": '1:, . ..,- , ,•.,,,,, -,.-- • .■ • . , , , _ ....4%-, .-,,., ,,,‘ , -; , ::::;,,, , k..,!,,,,, ,, L4 , .. , ...,- , :.,,.:-7VIL:?,!=1.41:".::;;. , - , -• ... '''' -fiilng,;_dia -of, the 0:6 71.0* k Light CcrePanyIA:X111.1sc0:ii COulity,fiural Matti- .• Dation Si r“csion nff YreJaot 164 to nerve C II hantler, is '7112W eAirveyeel and located --- . '‘- t•v1 2 - "" Y - .4'..„'- ' ,.....,, '• - • . 'erne. the lead 'of Harvey ? sa.r..r in tins gamer. reer"Sarver'in tilliaisson C70dit7; Tataa. ,- ry e , ... . - . .. at en aziatin6 Texan postai 8 1Ight Company pole, sec:e being istot1SC. '. f. ,:.,, --, El I ir 74 plus 75, Prejeet 164, Sheet 7.: %.' . , - „'' - name in a 'westerly directiOn a diatenos'oi• -: i`:. 451 feet cora or less to a polot in 0 Dv:- ?;• '•' ' - i 5 '. pert). line running in an nortnerly end southerly irection dividing the land or Harvey g Esker 5.617 on: = Aerie! rig.. or veLy only. ' 1105 =re then no polo., no ctutc nag. 06 guys, &bell be aractodhlats the oturoc ot said „ • , • '0 v.m6 ". doodsnd pole vita its sttaohed Ddy, eaLd guy to oxtond in tho sarso nouthorl; a distance or 93 foot, no00 or loss, fron hoso Of ofOrosaid • . I more than 3 poloa, 0 stn40 and guya, x.11 ho or slonA tho courso of sald ..Togothor with tha r:Fht of 10, 0005 and ex.. ovo.• 0/ ronn) a,:jace donde to or raps •2 ' wires ' on, maintain:a; and rono,in, 0.21 lin00 and '1,0:300 .100 the rl Pat to relosatA t 1 Itass - : Syr., an O0L0 ion ofr IA lnthe sane relative position to tho odInC0111 road 14 an, A a ,-,..,,,, In the ruuta; ....b. r;-. , r r 1010 00 now nurvoyed and -.to romo13 from esld lard all 100066 01 r l,,000"4. or ot.,,,,.. k.t.,a,:,.10,,,. ..,...L,i, ,,,,, ..,.. , r ' 7illiason Catulti, Toas. .y interf.s with 112 127001o10/ of anti, 11,00 or :P. 1:3,0±, • .1..c... Boyinnin• ne an *plain To he06 and to 11014 Chu otos, 4,0 0 ino - o., . ■••,. 1 .1 ‘r■LQ LI,.1 0.1,1 Co, n1r 1 c.c. VP, off .0 A 13030, Ext 6 EnliE 1 or/.or e and easirna, 00011 .1 11T., J Mil 1.0 no ,Aloond. And I (AO do ;.020/ tind srpolf 0/ lc sl rd. ' tt• , , •, warrant oral forovor defend 011 00± 610001,30 tnr 010, Ar'. po 0 or Is r:• .• r A A : company, its succesao: 3 end •.' '.44 •1 I I Oho Bono or any part ti eroof. Illtnoss our imrd_ this Cdrd day or voconbor 10:7. • 112 KAU 06 TaAr, COM» 07 011413±104 11719± Yr, UP:: undo.: and e.d.horlsy, 7±o 411 v 01l'41 14,' Dail C Zior.OrAdn, Imam to is to 'Ps tho parson air,. :MAO la-are ephIcrioad Ao •,.., 3 A .: 1-1. etmaont, aar acknoolod3od to Me Cant I. oXoCu:od Cho 3 .no rOl• , . r ,,:.,,," ' ' •., '• ..,, ',,, therein expresaed. Given Under la/ bond Und seal of office this 93,4 nay or Doeoald, A U 044. , (IS) I: 0 DE:1003, Not./ rublic Williamson GoUnty, .ex.. InE Srkii. 07 740.60 I 0001•TY OF ou.r..:Annoo ) 7 0no614 .. , the suplorolynod fr.:torte, on 1101, , ■,1 , , ' ,■ ■ , ' 're' '''' Orl to the rorogoinG inatrunent, n.nd avin- boon oustinAd •-.0 ^:•111/ and apart. AT •'. • and hoving tho aano fully explxino.1 to bor, oho, Loa 0013 1.1A A GI amnion acknort.....:•±: 100 517.6 to be her net end dood or:1 deal.. tn. .e 1.1 Pill'n,tly at plod tho a 410 t p.• end eons:dorm:ton ox,..daeod end 0,01 ono did not 01,4 1 :yr r tat 0106n under a; ne0.1 ph: zeal or orrl. this .:31t1 clot or 0000 oor 3 11 111 ' Us) 17') Coter-; 001110 .1111tAd00n Count, roan. rzr 1,1» 60, 0 .1 , 1 1. 1 ''1)7,7. D. Ooputy. C 0(4MI.E, Cr la 117') =Aril 07 741.63 et 1714. 0 0 ." Atotr:. DEED 1.99 3Liq Vag MC). 1,31;0, : • :het C Oarstt ArAt at., SA:her:me r Ar•rell trtlit,,,an A.•••■ •A" "*". `•'• j et.l•raten or tt,s ulemaanr...thtfai aeons. to no fuer PT tn. 0± 500 •11 *et et.. Yr.. gnItston 4/Or 4'14115.00 It Mk, •• IA ‘.•••• 4,14 1 I ddra•d• •^‘ t As* raa. d. aerl As.1 ••••,•,. A.,• ;•., • •••^ Ir• verinble nwilsoro or wiroe, Teed, :total or 011±0r naterini location and 01003 tho gopore and upon tho fallowIns dos.' ;pin, a dAsesSption or ,1 30 0131 107 feet, nor 31. - -030, to t Iv to caterd ir. ^-, ass• el1o0610 poi, :Lan00 in in a property lino rratlar • and 0 3 010.I Anna I. E31 Not no. toon 1 7A:A, Torfithor with Van rtrit richt of way for the Ilya.% slroa on, nantolnln: and r tho oonn rolottvo ao2.1. to ro to. from ald el Tay intorraro with thA effi To Worts and to hold th cossera und .v3.11 And I (.1 do ha •o,.. sorra.. and Dd..... rarrany, 100000000110'O clal.p. 0.0 01, Or 009 1". TI1,1013., our .1irld_ '1,10 3rArt: 63' r-AA3 ; CF 6C Ovorall on 10 110 LO M113.71c4403 LO 100 that 1,0 elven ondor ny hand A••• t1.1) litre 1,1;;Ir04410'i to, more 0,. ruxno MINN 0.3 311.7.1 0 8 0 1or:no ovors1:, •: 00 Lt. 11■■• :evils, L. 1.1/ .1 ornlent to • •■• 0553504 iloant..110.:••■• * ••• riven . 114) 1 .11or1/ d,roctltn n .a.1 It, 1 1. I 1 1 1 1 jarlAble nunbor of wires, and all :ecoasar; or dos :rnb1e appnt'Conaneoa llnoludln;; Nolan oade of ;sod, Hots]. or oL: :or rater:01a, telo:4to00 and tolefra;h vl:•oa, props and uyo), at or nonr the ' { leoeclon and alon, tho 0000,al 0011000 now 1000ted and s.a1'od out by the a 0111 CnmrnnJ, 0r, v , ooruaer 1• .00 upon Cho fo11ow1n d,ncrlbed lnnla loses In :111110 eon coty, rotas, to wit: n of tit Texan Yn_or 0 Li-,• C .11lior^ coup ...rod 01000 button s un speten, 00 otto:slon off .!A 0091, :fat 41`7, ,01101.0. 9013301, ]..cot 3 -A, to servo 1111 Stork and pJ Pain as nos survoyed and 1ocatad across tau 1011 of ;. 0 1..,orn1, 10 tho P 9 Holder Survey, 70111e.'son Count,;, Pons. 00f1Minf at an oxl0t1n,; Po.00 tnwnr • i .n Crn,`nnJ doodor.•I polo, o aoo b01n; 5urvm! 5 -n. 6/)i, orf .Y A 0030, •:•t 4107. ebe.,eo .n n on T. nn.._n J dl- action a distance of 27 " .00t, novo at sL to 111711:.:..,,11 at an, 507 feet, nor]. .. _0, , to ray to a _. d Inn n..,enn e.oro aL: pole.. J.use In a in a property 11.10 lawtln- • .1 3 and Anna _ 0,10, 0001 nova t :en 1 p , Torothor with Lilo 1_,n r :,$t of way ew• C-:o nIlltptta .lroa on, maIntolnIni and 1n the salvo rolat10 , . • to relota from ontd lond ,,1 •orly dleort:d• n d•,11.1. an . 0 . 0 font, rnto nb lea", t .un sant ol curt, 0 ovlba, nom. , 01,11 in a.00 :od aloe- Lao 00'40.0 of 00.0 110e. t of in and ., 1 n0,: n; (our) adjacont 10^,da Co or 11.011 said ., ,u n o. emu_ , 0.0 01. ,e.._ o ,, - , otinr, patt•o11)1', han.;1n new r n , - ,.d 3 :nos nn3 3,1,11.10• at90111 11:, 0191,1 10 rn1.0,110 th0 11000 nn to tat nd!ocu,t rn,d if mu as n.wnol in tl.n o. nob to r.-nt two tram anti - n: , _mr :0, an e..mr obotructhnd, o ondv.t•or, or tat a:.y Inter:era w1th 1.10: efflnl:101 of said 1:. on 1r '_IUir 0••Purtonac o3. lb Novo and to Iw11! tan all o 11,0cr1bn.••• I.E. r. ,.. unto the sn:d C_•van;, :La as0 : as urn put a ^a nt u, ,....1 1:::0 .11 ., o • t•. A.1 I do ,n, ,.nl no,•lr, f op.,, .,n,l, lox) .sirs, n. Id 21 r•• znavatutio3o,to EH:l .0rreot avl nn•o,w dar „�„ all ... .... .. ,. ^. .. nn .1:•:: •,n n.,o,n,c a,.t. .. - a 1, mo raps said �. ,any, Its 0oncoa0nra a..d v0 •... , ., .,: • ao. w.n 3,11.0. ,09:11) 11 •1 to slain tl.o 0301 or any 1 . 1 ;owl of. 07 , S :01.6 ...,n.. 1 . .: Y. ^ nil; a1••lnnrad StY • - . , • , . S • EC Overall mold: a no 1,, a tto •0 • +0, ... , , ., : ., „11.11.••• a ., .d '10 01.. ..n..a ' xad. 01(14 tsnox.c ;ad to .,n t 100 , e a a ...n. 0 r . 1 s, '1 .) •n0 ,nuo • o :dery :on Won 0.n o liven 1.,o, 0Y '.and u,m. an*: •T , •' - 1141 007 T. va °;d: ..l .11•9, 0111.. ,....O a . 1 . .x. 000 310111 31 111910 1 UF :'110 n. x 0 0.' 1 , 1 . . , •' •” , ' v ...,.,e. .a.0 ., ebbelr:bad bnter.n k' Cv O, al .. e ,r, .1, • • ., ., ' r I�1nb al t, to l,a fv,-. . .. .., ... .,la , n ....: ... • . r. 117 t. 1 . t . _... 1,004 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,,, , - : • - , • ,- 4 , 1 " .0t1,9;;:' , MTartipilig,4 " .fraUlti • . arr.a..-''''---- ---....-- : .......krankr- W riled for record 0017 0, 1041, at 11 o'clock 40. • , , 'Poconled 71217 0. 104E1, ,1 10210 otclock A 11. - , '0" ; :I' . C.O. Itn.L.T1t.', County Clerk, .„ i d aoc1„4„. j _ . _ _ . 2067. :011102000 County, Towne T. 7. PALM, El• AI, TM PUTS 0? TITIAS ) COUP= 0P WILLIAMSON ) KT 004. :1'71 200,00511 That T .1 Palm, a sin0la tnnn and Ann, L Pearl, n recna 0122 or ....an 0101,0, FLUE En Lind in conwidnra.'on ra• en100111 0111 LA 11 1 tIl 0; bun ronn., r • • jj aleetriC transn'ssion and/or a:att.:an110:1 line h0rt:1:1.2.0r 1: 0,120', I 0 voyod end by 10,00 pre:Pant- du -ran:, co/Land convo., .0120 000.1,1 .0:0. L: nunbare of •airos, and all notosenry ar dosirable appartonarcon tin ittOitt• ,'. ',,,I . a , metal or othor materiels, Colophon° and tolocraph wino., pro: a ttnkt n), and ,1on7 the zanoral twarao now lccatod and staked out Ly Chu snit: 00.1...ny, ova,', 00 .nkt I• the following described lends lacatad in 51111nras0n County, 10000, In wit: , Rainy 0 deseription of the T0000 eowor Company:a Count, t .rel syeton, 00 extenaion off 0 A 0006,' Ext. #407, Drolvinr 001003, 31,00t to oar 0 PIttl', T 7 Peln nitow zurt eyed we locntod .crus, the 1o,,d or 1 .1 raid Anna P. entn In 1 0, or 3 0011103100 C4111127, 10011, 2011,1111111: at a point in a Properly lIstn, s0-0 imin• Stud, ..0 0/13, Bald property lino running in an 0dator17 and westerly di:knot:Sun •1000400 • 11, 10 k" and Anna. L Pain and 0 C 000:011, enIti point beim: located 110 feat, no, or Iota, w• ; at: Anna I, Pointa erautheent property comer. Thereo in a nurtharly dirnetiun atoro aw /nee, to dyeans rower 1. 11-d11 Conpany unndand pole •Ith tta attachad •ny, an:, ta ex. 1 tend in the sane northorly direction n dintanco nf rn Pent , n70. nr p Ca.,1 » 10 pOle. Ilot nort, than 0 poloa, 0 otwba and 1 -01,011011 Ito aratted the ••" 1.: •••'. Toyethar Tr0t11 :l, of 1.04 e aver 0'l (nut.) I.cn d. In P: 1 richt of way 000 5', rt-Tona of cc ,str.et teconstructia, inaTaati..-, putntll• kr in the aorta rolative I'0008150 20 the att.Incent rood if and no eldennd 00, .0,., f L:1,1 - Ld • I to 000000 Pror, said Innd ell 8,00 0101 panto tnereot, 00 ,1',,: "0'"' intarrare ••••.: tht err:die:Icy cf said 10.,a+ 011401. •ppul•tet wed,. , To 11000 E010 to hold the 210200 de:40000,d 0000:00nt a04 1110 sat 1 .0,, 11 0034000 .64 03.1,3.0, natal. amid 100,0 Atiali 001, And I I801 do heraby bind 01:0017 (waraeirse), try Cour) heirs and 10:01 renr0 •'• '" warrant and forernr datand all and stnTilar thn 13000 deter:11nd 000000,... 00 2 43117010/, 000 latenattaars and .onto. tawanat, •0e, perarn •twouacavor 10,7,00, 1200 the *an* ...an: r0.-0. 11.00,0. Ir.tras, all .1 .11 ,111.11, 1,43, 3; , , ;La., • 4" 'a 0 111.1 • t te ,t,„ L.• re1044 •■anny...„7, w., .0... • ••••• t•,L _ 7,3 trak.,en to to te .0 n • • " " • 09S• 10t 00 t •:•-• as 11200.00.1., 'I' tr.: eta tiOnaidarattion therein 1 - alvon under ny tund UM - ROY '7. 1001 t'gdeen:70, 1:4:4 :.t.::;:rt 07 :7111.1 1 :tot 0 .. nrst all 0: ,11*800003h' tP.,, 11 trataulanion on1/0.. d by tnosu pro,Lta do 1. rIltt 00 00') 0'Oi' llllll 120' of cdros, and all other materials, talon1,0, .1000 100 r,ar.,s01 •■,r00 f011owtn dosoritand 0,0*10 doscri•tion Systen, an nx.ot,nton Ln 1 rz, 00000 0.17,n,•01 .01•1 0:111,000n 101011y, Pownn: allennad gt.y, ant, un:0 • 1001 .ptn..0 In t 11411 Conp0ny t100t1 101 a dintsure or •:■ luated XL,• ant mak, t on raw line. le •:1:1 n r 00411 nn 307 10 - gnat en, ry,!■11.01,110, 01, 03 n 000 0010110 ,010 to 10,000.0 frrr, .1,4 10 - . 0 7 interfere .11/: 0, To 1,000 1.0 to `,17: 0■1,1 00p: and : 00 / ^i 0 • ••••. 3,000 - 7 .• Ilitaes• f,„ o� v T_aas • . 11.94. 111 £L.r. KM BY Taal Mums, TEAT. Shoreaa, Anna Letitia PaTa 10 the owner t res pimple title to an undivided interest (2/5rda' tnt•r.a ) jrpruim.at• 325 taros of land a part ortbs 7a11e Co1.7 of 111tandon County, Nandi and tbat land adjoins known u Ma a Tabh iatato linda en 1.h. north, nom 00 o 0 land by Oatherin. OweralS. shores} (lather/a. 1d .ther/a. Ovora11 -land 11.0 boto. eb. an..a .11.0 Pala land and 0•: no 791 and that said Amu mite. Pala has no outlet, eiaeynte er read trop her said land 0. said bI b T'}"ana fl: d.airmae vi Dtatatng • written • n1 termed psr a.a, There., .ald Anna 1011110 palmb.s aad.'avrt.l .rant eai4 ro •00 Sth n Catharine �usf� � f here aid land dhva7 C,•-eft, and her .aid tasbea4, e, c. Oyeraf, tar au e..n6 porno..., and hits . r ..t.d • 1.n .pasting said road „n. •n1 pa•••0•••y free 00 0 of Lbw Catarin• o e n Nov therefore. we, C.thsrla4 Over.31, join.d br bar Ou. D.nd 1. C. Overall, for and in oetillderatl•n nr tan Collars and other c. ld.r.C1m. hay. granted sold and co01•7ed o to Anna Letitia rola. and Henry Pala, and 10. heirs of Henry rain A m n.l ro- th.t.. u. • only and u0• of their 0414 teoonta, as e.davent r the Collveing s or1D•d Sands Peg1nnlna m the n4rt11 aundary 1L . or U. 1 , fllabway re. ^9, ! 1h. .oat •outhee•t norner of tn. Andrew rata ••fat• 1.0a, and 1.b. moat •outbe..t of the Catherine Overall l.nd, a strip of land approximately CI feet in •141.0, r boundary ~ northward with the meat bodary 11.,. of .std Andrew r.1. + t.t.lands, and a• fanned by maid Anna Lat1tl• r.la, and at her .,pone., ant boond a part of 1h. cooaidoratlm .or .at4 ..a.oant. ne:or. oe the undersigned .ahherl177 • notary ?0 110 and r.r mil ..td 7 end a sta.. ea L01a rr�� r. .117 epp00red I. O. Overall, pad Catb.rtne his sire, .a oh tnoen to o 1. 1ha pra whoa. mama 1. •0.0010.4 to :h. foregoing La/aru.an and l, d the aald S. C. Overall aeknowledge4 10 se that ha m0atad said Inatranant for 1ho pnrpob.• and ew•ld.ntlm tbarol0 trprw...dl and 1h. maid •therm. Overdo, rift of 1. C. O*...11 having boon .rapped or mo privily and apart felon bar .ail husband. and hawing •moo 10117 ..1.1.1.1.d is her, db. the ld c.th.rta. Ovarelleosp aelneel.4g.4 tone that shads.outad Li* h •.. Per tn. yvrpN e.r end ea or lCharm. tharm .xprea d,, d that . ill laxly •i,ned the and did t Ptah t o ...l .- Lt. 4. 1 1 1 1 1 1 1 1 1 1 1 1 ' atL ai 07, _11; „.11 'hisz k4d �sa7II 8hiLaL.a7 ti3 IIi :'"G»:s11` -:a lira vD�''i• 8.7ani :: «''' . :i1ltLe3 islf fbR b'd U iot 6t ii�ilwa'Valay c7 latiraab: laiald laad u ds -•• r-St± Li eiid aesu -s ustrAePutSloe.imin loa fiese G� atSs. Orine-0f ssuats. • usu.. g al Tsui /11113 . 11 ~ {. • i da .. _1 1 1944'£ ° ' :I '1 ;Y. 'E- „.,. • : ; .-'St'¢ =zya7 Q]1PQ. 'aabers•tl atd asom b b- s i6Sa;f0i 2i.6!J'�1NDtnaS 1816: Lm) ' :_ laai>a r�(a 'mti±ar. tanlfi!tn am roa' r __ - s-ea ca .,c. sa'. w • Ts. fuse at TWS ) x��y• ;Ca$,<t e11123 ea) i. Patera =, -tl '1"1°•13 5 .0.ali•• _� ba.n'1om 1, be fbp nm as se - 1; , aoi:eda:d is n: lmar.- t ..=m... � i .. -- — _ - ---- — _ -- '.63311 aMU w t amd ae11 133X1 Ws . Its .. "Jay iaewam vault - .later ssisss 1s am ear 8 _ _ , Yi117wraa toasty t taxa.. • ,. P33a6 sac zaeaza .20. 19. 1.0.,, ai sOO ..a ;J 8aavtd.d ` - . S.1t. 18. 134 1o�e - 8. at 3e16 o•elnok 1-8. • C O 1i : "Clam, Caat9== =eat, I - • . au..o..a Caaaz't, lea:. 11lL.WL.UJ-ua 7/3x42.. • BOTADAZA Wm !. = • • ('•04l7 or .311111 ) ' Y5vi __, a. Si X1g i8�3i 3 rt...., 3 3 Pala ad Una 311 . a ram aato, •ri . am..l of apyrariate17 323 i : r�•.a ar xa=, a s. ea• -- .a, a1�. io o. a 2Gt.r 313-+7, £1331320 ,Z4:-.3".."1., r• _ • : :a, 31211 .tt t,.03; -? memo or Room aaa�, aaa. • aa, ..:.a :: Fd • h9 o.-f ear ._t GL . ;mama. - aeahn. T '•b eft lta - ..e,; at !'�•,. �a .� 1 ... • •s -crt� �rt Jc �.. ry -.,trt 5 'rru • - I . ' u.-v _.- -� —T —_ .�.... y-`:� �_ -_- tea.. K __ S6.2 I 1 1 1 1 1 1 1 1 1 1 1 1 -' • •• • • .""'""" ....-.1. _ J .. 44, • .. - • • ---- ----- --k '''''''''''''''''',.;"'""" = - - . -- ''''= "s _ ;IL . :;•-•F I i 1 a albltabirat roo'llaa.-. =• •,..,,•••••••;,,,,•':* • '1 ‘- ' - ' 1 " 6 "" • .. 7 •", '"`•.--'7.I. an I .,;,e,•:;,-q,.T,S ___= 1, ; tbouyien tharOofti•tol.tba;Cattailla °Mall 'Iaal agar reaall arst - ' • ' ; ^... '1' ,,' 4i! ", .-,,,...W :,.‘1,. . l'ImamtLilait 'mall Va. Plliaexcl4clarPala ba1aillailtafi4;7141ti Vac .1;hala iVai , , 7 : : „. - ,::, - ,, .:.,. ;;,:.:..41, . Z , ' "" `'' ''..°=' . , ' - ' 74 " - r - --""'"'''''' ''''''''' ' ! koltlFg sidillanir'Citn4n1 by' ttnalridolT it■Ltr.Leti &lit . ier itini to •,"•• • . .. -,,,,, LLsleAVV.I.,..1.: ;"•-•• • ' 4 .t';' - . - rl . L . 5"..VIL'F.,,,,t 0.7 A L 'n'''-g ^M. - - ,!„,, - ure ‘, - - - . : vatxsiaa boi..a lama ,..a1;isaame marl a iiniata47itaraat"1 a att.teh ileitimer 1Ud bO7 ammo. wawa!, Iraaravaveativo pmaoala cC ••••' 4, . 300 rfs_07 to11.14 Pala flaleataa 10 14.1a reApootlla anal, Icalasa..;n1031.: 4 _„, „,_ ..,, ,, ,-„ _ ...., 4, .. • .-• ,.'. 3 :' .....I..1 '' :'. • ' ? +gm at: . i1P1, , a2urit.._ 1gFitl amai 'mat a&C; Pala -- .;aima at:fa& . • : ........,..1' " k .:::", " ' -' " * '' ' ' ',-1^ ! -- '" , = , .'" ,k ='' ' .,.......-' W. , ..i.ay,thilis.5ipatilaa , daada.. , , ..x Ti Warn Ica 'IIImamalty batmen ail/ airalia ii laai - ti: ' `, ,.. a, ... cacesa_ eats lama wain. Wm • this acroarara oat abllahlas saaiLbraratary,21ami beam= tbalr vaapvitli: "paella of l•ll.' _ . maccoaa,.....i Lammas ate cramvst*Iammalarda " 'lama's I Sarma 30 .0 pima*" LP , toe 03 7..;8`....4;,; Zh:;..";:iiiiiitaltiriiiia ' • ' '' , • "1-1 13 . " ...L ‘%-:^`'''' g' LY " --:' ' : s-- • .. - 4,..t ., '.,","'".4 , .. - --,:,,,„„,T , ,,, ,, ,',._,,,.- • . , ''''''''' .,.."; t - :. bavC kali tlairammiatratt au; acefadiaamaliCi 'llaini'liitaiiit iokyika,- - , - • ':'.4 sie , ,;&,, I , F:i . F." - : -.f . _., — -...., ,...... • .....:, -. _,..,... I o l ro 3—,....,...,.. •• ` ....,,,,...., ,...,...— I rit ▪ , , , _ '...., ..,...42%.57,a7..,,,,11 --,-,--;fr..„,r,v,..7-. „„,,,,,,,,,,,,,,,,, = ,•::5-1 ., ; 3.1.0.• beeamticammtal'arLtar trbeIboarelmlawarebriami thekr atlas ".....I ^'"'"' •-"-I" ..._„- ......--.. .-;;........- , I = -• ../'-.......". . . _ tIrr,,, ......-r. , 3 „ : L7 - c..og," . ...,',.. - . s ..yv , r - : - ....- -- .. -, '-jk.t,Y.T .. -,_ '....?:a..- '---- ,"*.' .4'2, • -- = .,,, r.-1 li 4 r*;j6,* XaeLl.....s.r ft.:din. r ' • .c7,P.= B....., alw,ie.aaisSzf= vele..1..a.,:it , bilif.liate "No:Af;.•,pr Vaal. • ....--.5,_ F., 4 i4:.,4;p.-.; „=.-• ', - -' ' 1-k, • ' ..-na•. %hal •J ; t=10.3 • - • , 312 0* 0 sa 0 1.0 Imams is said fammaAlroallacr; mama aronsaaaadth salaamaranctly catcall% ; . • • . ••••,- . .I.• • mosay.ap :is W. atlicua tree iarrame":31:i. atirsamata" lama _Was a tara. aware aortbaratvace. all. g satialatt ialkiiraiClalkatallarcifliir lira 3 V ICS _ • • • • ••• • • atlamit volt llorc , , sass aa; • , • se ot, 074 .0 70 iO 310 0Io 014 _ 114 3 - • • ..ato-irVir spre • • 4; tairi 19. Z•3 2 ';‘'; ■•.„••- • ••, Vi; • P. Lad 1.2. Itail jai vita. fame nallanzwers met ts a ataa... diataisevat 1C4 art/Lava Cali vat." 14 Timis* 1artk,163 rateLi isms lint to a atalor for nt earner; clams sat •91.117r6 aung cal with far. Item roorataallms automatize lacl frac Co;;;- tb. ou:a *4 iti;atIneal aine ;ma with Ir A mad Naos me. Terme. Ltai, vest to tat. r. i.ta .13-.43k "Ea maw lamas or Las mriziaft swans la loth larkisty 11,0 at tlai lam I Faba 51 +am sirool liakt. aid rer k . L • • • , • TA aorata /Eat Wm tftetat;Alatt4 fts Isnot lima i.e.' itha iaa0sa1s01 1.0014- er•Mra f. ave. Cw..,a11 0rr.7*0110004 fra. a " corloa av‘a: core tan aaab taw aprom.l.cr-4 *ay* trot to bla mr bar prosiest kr....+1.4ga rail lasts Cal S.CLOf II., MIPS boon sta. ezemitzted ?3-r3- 7 fem. lissz • 55 Tccrl• " 10 et.sidarni.r. of Aarabl!A•1••• acca• • ace 1,ctzartf- afar-rat af .7 7*3-11 .1. aarma rata tarolry relesso aal dirocala acr vaxt all alcbta 10 to all of Lb, 1,10 roam 1: c= mat or .32.1.: u.r.ottatiVanst fan. a-st 141114 tar•carfaa 'crata ta7110314 aald mtbataro Overall, :alas: yro hat !animal, - a. - • ,•••-•• - • — — -E "4:AZIX,P44. ■544. tavilj-„e4;k4., 44; 1 q 17b I r 't=';•:•-: 1 1 1 1 ; • I - 11 arf• I f nr: a ■ - .1/1 - fitSaasat ‘ racoaa-st ianea ilatte etal , lnatulnriin - barein extabitaind No• !old 7 • • ' t ■-• .":)''' /ix :bates Sia tat 101h day of lag. a .0 laff.. ).. a . •,),,v).): ' 4 . • • • , ) $.1 E`,... ''.. ' ;,,:- -.:.;" ' '''. • I !,. C ., P aatta ,. ',. , ., is ' , ,,,,, t ,,, . , i „ .. .- '.,• 213l- Sent. et tau / . v.), .yid „,,,.....),..., 'X... : as ,, WA 'grodzirriga. i■ ..1).7 ytibile la sal I or ilium.. cm i ' th y. day ytascaally eyyntand Nana i...114.1r-as. to ma to b. Lb= pareoa isroi trod CO ilii;flole int:r ds■:nd aciaarladged ta a tbat eta executed tin Baal • , ar-tia ''' alea ant oneinderettem tbarala .u. . . • , • . ',' - 4. - at . - ' attr thi as s tii. .1.h da7 re ..F.• • 2 , -. litran'ador oar bud mad see .. 7„76.1.,,IF...:' do 7r2m-rmrzr *ter, p.a,11.4 In . 4...:. .,.' k, ta% . Id Intlurn a persoranr app.... • Rtillmscal ')". ,-. - Ba _tna amderalgatd , 7, t dy ....--` - " i> ;.- - ` 4 '' 74.7..."7. , .. 1 ! 7 '.7..t ,-... 11 - - ."--- • - - -- ' ' ' -- ameentild:ths - aairi roilt• *wawa. abl aaNaldaantlaa n...i...r....I. et arida* title tts aZ any. 2 0 la.. • •./.1) • 7 V " - ' IFLeteral Term!.0, at boa ) „ - , d07 - 2 "4 :3 ' 0 - Cars ' ' 3.2 isti "' wade; &aril); Itaa•A„ tht atarsa •a - to ina r say& oroaroodtb ,ds .sr anoo 00 000i 180•j •00 *1 •,2 00t138 0t011_ aan 3 C wren leaviri:Diali by ma ansalned pr1.1y .al agtert Sava bite cald basnead. laving said lattnuteat tolljeabInlind 4.b6.1)* tat. ialrnoaliiiied.'ioreii fro=caouo to to oar a= • ace dud ard drelerad that S d alerikc moan far ytitlasaa.7 ant nacaideratica . tans. uNrsaind oId NM ant wins te It. • ", , „ , 8- 008- en).. ibt 58-8601008508.1 D Una. C=3 cnitiera AmodEcTar , mbar,. labile in and far Neat. C0001 108. ) : • ' .•• • p i t ar reeerd Sept. 27. 1226. at 8.00 aa2.1. L. 12, late, an 4:11 an:1.08 • ''•• . - -i-;.,-_, -= •— _ hi- .::^- 4 - '4.i 1 s:r /Z 24;2■67;42Z1..i-trAn---,-- -. 1! - 0 - ,..,•:. , .1 [ ■aare itiamems I ''''' ' i .7112 =KO Ge 73.31 ) - ` 4--- : " ; - - ---- il, Nearby ar elillaea. • ) Wm... co Natant.. 28424, a. ro NM, - Ina. 5 Rt... sail and a scam. curr. C088 3m-4. =NE= 171111)=.71 MN. 8 2 ra ea R 3 bsyer try deed at lb. dace, r000rdad la You 512, Nage 30I of ta. Land Rte.. •••-..-^ all 8 4s.r1.8-18 tyeat 00 .08001 ea 2. aal babas alb. cari..8 1.24 'MS& C rtningitnt 81 azto of was, a. Fara at Wee 08 C- Tore. 40 3 ..,,g 77,2 431.4 8-3 828 e CO314 a.o Neaat sat rtaar.4 28 tlx) 0.00 ms :alb. R. renalona 800 elft to J Nstratio... tbs tatnia yaloo t8 0014 lant tan sa,..d a 3 ; . undo, al: taw* eartelapr.dsacay cat 88 of ...W., .4= 04 199983741 7 P as STATE OF TEXAS COUNTY OF WILLIAMSON DATE: GRANTOR: B. J. WILLIAMS WATER AND WASTEWATER EASEMENT AND RIGHT -OF -WAY ,1999 GRANTOR'S MAILING ADDRESS: P O Box 142727 Austin, Texas 78714 GRANTEE: LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district ofthe State of Texas GRANTEE'S MAILING ADDRESS: P 0 Box 220 Austm, Texas 78767 CONSIDERATION: Ten and no/100 Dollars (S10 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged EASEMENT PROPERTY: A tract of land consisting of 3 726 acres, more or less, more particularly descnbed m the attached Exhibit A, which may mclude field note description and plat, and which is incorporated harem and made a part hereof for all purposes PROJECT: Water and wastewater mauls and all necessary or desirable appurtenances thereto including, without lmvtatton, cleanouts, valves, meters, and manholes The Project may also include communication hues and all necessary or desirable appurtenances thereto GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and conveys to GRANTEE an easement and nght -of-way in, upon, under, over and across the EASEMENT PROPERTY, together with all and smgular the nghts and appurtenances thereto m any wise belonging, to have and hold to GRANTEE and GRANTEES successors and assigns forever The easement, right -of -way, tights, and privileges herein granted shall be used for the purposes of excavating for, laymg, constructing, placing, eperatmg, mamtammg, reconstructing, replacing, rebuddmg, upgrading, renewing, removmg, inspecting, patrolling, changing, modifying, orrepatrmg the PROJECT, or any part of the PROJECT, and making connections therewith GRANTOR also grants to GRANTEE a temporary construction easement which shall be 40 feet in width as depicted on EXHIBIT A The temporary construction easement shall be m effect only so long as the const uctmg and laying of the PROJECT is taking place Upon completion of the initial construction of the PROJECT the temporary construction easement shall revert to the sole ownership and control of GRANTOR GRANTEE shall have the right of ingress and egress at all times upon and across the EASEMENT PROPERTY for the above stated purposes In the event that immediate access to the EASEMENT PROPERTY is not reasonably available over the EASEMENT PROPERTY, and only m that event, then GRANTEE shall have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtammg such access In the event that such access is not reasonably available over the EASEMENT PROPERTY and not available over existmg roads, and only m that event, GRANTEE shall have the tight of reasonable ingress and egress W diuw w/W W Easement Description: Williamson,IX Document- Year.DocID 1999.83741 Page: 1 of 7 '-Order: LILLY Comment: Project Chandler Creek Phase 1 over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain such access GRANTEE shall have the right to install and maintain appropriate gates along and in any fence, as necessary or appropnate for the exercise of GRANTEE'S right of Ingress and egress on the EASEMENT PROPERTY or adjacent property of GRANTOR GRANTEE shall have the nght to license, permit, or otherwise agree to the loot use or occupancy of the EASEMENT PROPERTY by any other person or legal entity for the above stated purposes GRANTEE shall have the nght to conduct archeological, historical, environmental, or other studies on the EASEMENT PROPERTY GRANTOR its successors or assigns, shall not place or store any matenal upon, or cover, bury, pave over, or otherwise obstruct, any clean out, valve, meter, or manhole located wnhm the EASEMENT PROPERTY GRANTOR shall not be permitted to plant trees or shrubs of any land within the boundaries of the EASEMENT PROPERTY GRANTOR agrees that GRANTOR shall not place any structure m or on the EASEMENT PROPERTY that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the PROJECT or the nghts of ingress and egress granted herein In the event that GRANTOR shall place unpemvtted materials withm the boundaries of the EASEMENT PROPERTY and fails to remove same within three days of receipt of written notice delivered certified mail, return receipt requested by GRANTEE, GRANTEE shall have the right, but not the obligation, to remove such encumbrances and charge GRANTOR for any and all costs connected with such removal mcludmg, but not limited to, contractors' fees, equipment costs, and notification costs GRANTOR shall have the right to use the surface of the EASEMENT PROPERTY, so long as such use does not mterfere with the PROJECT GRANTEE agrees that upon completion of construction, all surplus excavation, debns, trash, or litter resulting from construction shall be cleaned up and disposed of off the premises GRANTEE at all times after completing any work in connection with the construction will restore the surface of said property, as nearly as possible, to the condnton in which said property was found immediately before such work was undertaken, however, GRANTOR understands and agrees that vegetation cleared from said property will not be replaced GRANTEE shall conduct all of its activities on the EASEMENT PROPERTY no full compliance with all applicable federal, state, and local laws and ordinances It is understood and agreed that the CONSIDERATION herein paid mchides payment for all damages for the initial construction and ordinary operation and maintenance of the PROJECT but does not include damages, if any, to GRANTOR'S remainder property which may occur m the future after the anginal construction of the PROJECT, directly resulting from the reconstruction or repair of the PROJECT GRANTEE shall not be liable for damages caused by keeping the EASEMENT PROPERTY clear of trees, undergrowth, brush, structures, or other obstructions All parts of the PROJECT installed on the EASEMENT PROPERTY shall remam the exclusive property of GRANTEE GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, m, on, and under the EASEMENT PROPERTY, provided that GRANTOR shall not be permitted to dnll or excavate for minerals on the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drillmg or other means which do not interfere with or disturb GRANTEE'S use of the EASEMENT PROPERTY The rights granted to GRANTEE in this EASEMENT shall be and are assignable m whole or m pan This mstrument, middle terms and conditions contained herein, shall mum to the benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns. GRANTOR warrants and shall forever defend the Easement to GRANTEE against anyone lawfully claiming or to claim the EASEMENT or any part thereof Whams w/W W Easement 2 Description: Williamson, TX Document- Year.DocID 1999.83741 Page: 2 of 7 ' Order LILLY Comment: When the context requires, singular nouns and pronouns mc]ude the plural When appropnate, the term "GRANTEE" mcludes the employees, agents, subsidiaries, officers, servants, contractors, successors and assigns of GRANTEE STATE OF TEXAS COUNTY OF J iI/,a,sSen SNAMH w ANOREWARTHA TAP' PUBLIC FWl + Slatt bi Tbka5 oov Comm Exp 09. 084000 ® AFTER RECORDING RETURN TO Real Estate Services H -2I9 Lower Colorado River Authonty P 0 Box 220 Austin, Texas 78767 -0220 Wiltisms W/WW Easement § A Description: Williamson, TX Document- Year.DocID 1999.83741 Page: 3 of 7 Order: LILLY Comment: This instrument was acknowledged before me on the 2 day of leiiai laz„f ,1999 by B I Williams, GRANTOR RECORDERS MEMORAND UM AA or pare of the tat on this page was not clearly 14b1e for suitfactoty recordation. 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page 1 oft EXHIBIT A 3 726 Acre Tract DESCRIPTION FOR A 3 726 ACRE (162,286 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P A HOLDER SURVEY, ABSTRACT NO 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 168 9883 ACRE TRACT OF LAND CONVEYED TO B I WILLIAMS BY DOCUMENT NUMBER 199944311 OF THE OFFICIAL RECORDS OF W1LLIAMSON COUNTY, TEXAS, SAID 3 726 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS Beginning an iron rod found for an angle point m the westerly boundary Tine of said 168 9883 acre tract of land, said point being an angle point in the easterly boundary line of a 33 302 acre tract of land (Parcel No 2, Part 7) conveyed to the State of Texas by instrument recorded in Volume 1970, Page 515 of the Official Records of said County, from which porn an iron rod found for an angle point in the westerly boundary line of said 168 9883 acre tract of land and easterly boundary line of said 33 302 acre tract of land bears N19°28'53"E (Bearing Basis/Directional Control Line) for a distance of 1499 76 feet, said point of beginning being the most westerly southwest corner hereof, THENCE along the westerly boundary line of said 168 9883 acre tract of land, same being the easterly boundary line of said 33 302 acre tract of land, N19°28'53 "E for a distance of 40 00 feet to a point for the northwest corner hereof, THENCE departing the easterly boundary line of said 33 302 acre tract of land through the interior of said 168 9883 acre tract of land S70°17'34'E for a distance of 45 33 feet to a point for an angle point hereof, THENCE continuing through the interior of said 168 9883 acre tract of lend, N78°57'31"E for a distance of 809 40 feet to an angle point hereof, THENCE continuing through the interior of said 168 9883 acre tract of laid, S38°31'09"E for a distance of 854 32 feet to an angle point hereof, THENCE continuing through the ntenor of said 168 9883 acre tract of land, N87°31 '49"E at 740 62 feet pass a point from which, for reference, a nail found for the southwest comer of a 13 123 acre tract of land conveyed to Edwin H Clark and Barbara Clark, Trustees of the Clark Family Residence Trust by Document Number 9853896 of the Official Records of said County bears N01 °59' 13 "W for a distance of 400 feet, continuing through the interior ()fund 168 9883 acre tract of land for a total distance of 1389 24 feet to an angle point hereof, THENCE continuing through the imenor of said 168 9883 acre tract of land, S57°16' 16"E for a distance of 361 30 feet to a point for the northeast corner hereof from which point an iron rod found on an angle point in the boundary of said 13 123 acre tract of land bears NO2°22'38 "W for a distance of 1 20 feet, THENCE continuing through the interior of said 168 9883 acre tract of land, S0722'38 "E for a distance of 629 89 feet to a point for the most easterly southeast corner hereof from which point, for reference, a cotton spindle found on a paint in the northerly right -of way line of East Palm Valley Boulevard (U S Highway No 79) bears S02°22'38"E fora distance of 145 45 feet, THENCE continuing through the mtenor of said 168 9883 acre tract of land, N75°29'47"W for a distance of41 80 feet to a point for the most westerly southeast comer hereof, THENCE continuing through the interior of said 168 9883 acre tract of land, NO2°22'38"W for a distance of 596 97 feet to a angle point hereof, THENCE continuing through the interior of said 168 9883 acre tract of land, N57°16' 16"W for a distance of327 84 feet to an angle point hereof, Description: Wilfiamson,7X Document- Year.Doc!D 1999.83741 Page: 4 of 7 ' Order: LILLY Comment: Page 2 of 2 3 726 Acre Tract THENCE continuing through the interior of said 168 9883 acre tract of land, S87°31'49 "W for a distance of 1396 91 feet to an angle point hereof, THENCE contmumg through the interior of said 168 9883 acre tract of land, N38°31'09 "W for a distance of 850 39 feet to an angle paint hereof, THENCE continuing through the interior of said 168 9883 acre tract of land. S78°57'31"W for a distance of 796 11 feet to an angle point hereof, THENCE continuing through the intenor of said 168 9883 acre tract of land, N70° 17'34"W, at 20 61 feet pass an angle point in the westerly boundary line of said 168 9883 acre tract of land, said point being an angle point in the easterly boundary line of said 33 302 acre tract of land, continuing for a total distance of 56 18 feet to the POINT OF BEGINNING containing 3 726 acres (162,286 square feet) of land more or less 8: " JOE M. BASER Joe M Baker Date Professional Register fessional Land Surveyor No 2553 Baker- Aicklea & Inc / 203 E Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No 522- 703 -15 File No M \bjohnson \ Water-In \Doc\522- 703 -15 doc Description: Williamson, TX Document- Year.DocID 1999.83741 Page: 5 of 7 Order: LILLY Comment: OM gm NE O b CO I� O ra o 33 C N S 50 W N W 0) O V • — — • V N — — — — — — — — NM MO 100 NO 522- 703-15 BY B 101N50N Boker—Aicklen & Assoclotes. Inc. Eng1n.41, / Surveyors RF SUBJECT TRACT 162.286 S0 FT. 3 726 ACRES elb er L6 L7 LB L9 S 70 E S 5716 E N 02 W S 02•22'38' E 45.33' 361,30' 120' 145.45' • BEARING BASIS/DIRECTIONAL CONTROL LINE M B ak 03 E Round RPLS / 2553 Sub 201 TX 78664 EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION I3 N B r8ER .•o•. 2553 rQ. OFTAII NO T % - p,` r '1319 I Fed •� �tg1�5Q 1 74082' DFTAIl NO. 2 , 1 PlollenY 83 P. 4 , .."...../ ts } BOB 4a / /r°4 FS s7 ♦ N^ (4 is �$ ♦� 40' TEMPORARY EDNIN H. CLARK AND MME r h ~ (.♦ CONSTRUCTION BARBARA CLARK. , u ♦♦' \ EASEMENT AMILY RESIDENCE CLARK ! B.J. WILLIAMS D o c No 9853896 a N i , ' � 13123 ACRES /vA�f !! OOC. # 199944311 � � \ *Or 74B SEE DETAIL NO. 1 ^ "1 168.9883 ACRES � �/ N 8]•31'49' E 138924' Q. / LINE TABLE s w•31 v `\ . 1 NUMBER DIRECTION DISTANCE ` V L N 75 W 41.80' LEGEND 40' TEMPORARY / L2 N 57 V 327,84' 40' CONSTRUCTION 1E AR ` s / L3 N 70'17'34' V 20.61' EASEMENT L4 N 70 V 35.37' IRON R00 FOUND DIRT L5 N 19'20'53' E 40.00' COTTON pN SPfNOLE FOUND ♦ CGSF R 4, 4 POINT OF BELYNNlNG P.O BREAK SCALE —,'-- ' ? OF ' rF t A. l5; (�f 4 o it I' SCALE: SEL �tf m so CGSF,�,�6i ' Q �I J, s SPY 4ij0 1 E pS POI �1Gt1 CO Plotted on 09/03/99. Fla NwM N \BILL.Achen- phE\339- 178\CMn -oh6dn FILED RD RECORDED OFFICIAL PUBLIC RECORDS 12 -16 -1999 01:47 PM 199983741 STRICKLAND $21.00 NRN WILLIAM I SON E COUFTY ,TTEXAS K Description: Williamson,1X Document- Year.DocID 1999.83741 Page: 7 of 7 Order: LILLY Comment: Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 1 of 17 ' Order. LILLY Comment: ROADWAY. BRIDGE AND IUD .ITY EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 2000084168 17 rimes KNOW ALL MEN BY THESE PRESENTS: THAT B. J. WILLIAMS (the "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars (510.00) and other good and valuable consideration to Grantor in hand paid by LEGENDS VILLAGE, L.P., a Texas limited partnership (the "Grantee "), the receipt and sufficiency of which is hereby acknowledged does. hereby give, grant, sell and convey to Grantee, a non- exclusive easement and right -of -way (the "Easement ") for the purpose of providing free and uninterrupted pedestrian and vehicular ingress, egress and access over, across and through the real property located in Williamson County, Texas and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes (the "Easement Property") and for constructing, reconstructing. repairing, operating, locating and maintaining paved roads or streets (consisting of proposed Joe DiMaggio Boulevard and Arterial "A "), Chandler Creek Bridge, sidewalks for pedestrian or vehicular ingress and egress and utility improvements, facilities and appurtenances for utilities such as, but not necessarily limited to, 12" water lines, 8" sanitary sewer lines and such storm sewer, natural gas, electric, telephone and CATV as the Grantee in its reasonable discretion, may determine to be necessary, convenient or advisable and/or the City of Round Rock, Texas (the "City") may require in connection with the construction of such roads, street and bridge (hereinafter collectively referred to as the "Roadway Improvements "), together with providing ingress and egress thereto, in, upon and across the Easement Property; the right to trim or remove trees and shrubbery within such Easement Property to the extent necessary, in the reasonable judgment of Grantee, to prevent possible interference with the operation of such Roadway Improvements or to remove possible hazards thereto; and the right to remove or prevent the construction of any or all buildings, structures and obstructions within such Easement Property. If any such buildings, structures or obstructions are hereafter constructed or permitted by Grantor to exist within the Easement Property without the prior written consent of Grantee, then Grantee shall have the right to remove the same and Grantor agrees to pay Grantee the reasonable cost of such removal, and this agreement, together with the other provisions of this grant, shall constitute a covenant running with the land to the benefit of Grantee, its successors in interest and assigns. . The Easement and rights granted herein are expressly made upon the following conditions, which shall be binding upon the Grantor, the Grantee, and their respective heirs, legal and personal representatives, successors in interest and assigns: a. All construction and reconstruction of the Roadway Improvements must be done in accordance with all applicable laws, rules, regulations and ordinances of any and all governmental authorities having jurisdiction thereof, including, but not necessarily limited to, the City. ROADWAY. BRIDGE AND UTILITY EASEMENT AGREEMENT - Page 1 S ICLIENT- EeSWT29NROAOWAr.2 b. The Grantee, and its successors in interest and assigns, shall at all times, after doing any work in connection with the construction, reconstruction, maintenance or repair of said Roadway Improvements, immediately restore the Easement Property to as near the condition in which it was found before such work was undertaken as is reasonably practicable, save and except for the continued existence of the Roadway Improvements as so constructed, reconstructed, maintained or repaired. c. The Grantee, its successors in interest and assigns, shall maintain the Roadway Improvements in a state of good repair so that no damages will result to the Easement Property or any surrounding property. d. The Grantee, its successors and assigns, shall indenmify and hold Grantor harmless from any and all damages, costs, losses, claims, liabilities and expenses including without limitation reasonable attorneys' fees, which may arise from or in connection with the use or enjoyment of the Easement and rights granted herein by Grantee, its successors in interest and assigns. e. The Easement is a private easement and not one for the use or benefit of the general public and nothing herein contained shall be construed or deemed to be a dedication of any casement to or for use by the general public but, to the contrary, is expressly being granted as a private easement for the limited purposes set forth herein Notwithstanding anything to the contrary contained or implied elsewhere herein, upon completion of the Roadway Improvements by Grantee, the payment of all costs and expenses by Grantee in connection therewith and the approval by the City of the Roadway Improvements, (i) Grantor shall, at its sole cost and expense and in the manner required by applicable governmental authorities (including, but not necessarily limited to, the City) dedicate to the public or for public use the Easement Property and (ii) Grantee shall, at its sole cost and expense and in the manner required by applicable governmental authorities (including, but not necessarily limited to, the City) dedicate to the public or for public use the Roadway Improvements and cause the Roadway Improvements to be accepted by the City (subject only to usual and customary bonds provided by Grantee to the City at Grantee's sole cost and expense). Upon dedication by Grantor of the Easement Property and dedication by Grantee of the Roadway Improvements as aforesaid, this Agreement shall automatically terminate and be of no further force or effect. f. Grantor and Grantee and their respective successors in interest, assigns, heirs, legal and personal representatives agree not to construct, place or permit to be placed any fences, barriers or other obstacles which would prevent or obstruct the free and uninterrupted passage of pedestrian or vehicular travel for the purposes herein permitted within or across the Easement Property; provided, however, the foregoing provisions shall not prohibit a barricade erected and ROADWAY. BRIDGE AND UTILITY EASEMENT AGREEMENT - Page 2 RACEIEHr- El95a2312,aaROADWAr.2 Description: Williamson, TX Document- YearpocID 2000.84168 Page: 2 of 17 Order. LILLY Comment: reasonably necessary in connection with the construction, reconstruction, repair and maintenance by Grantee of the Roadway Improvements within the Easement Property. g. Grantor and Grantee respectively agree not to take any action which would in any way jeopardize the free and uninterrupted access across or over the Easement Property from and to dedicated public roadways. This covenant shall be binding upon all subsequent owners of the Grantor Property (hereinafter defined) and/or any portion thereof and/or the Grantee Property (hereinafter defined) and/or any portion thereof. 11. No parking shall be allowed within the Easement Property except in connection with the construction, reconstruction, repair and maintenance by Grantee of the Roadway Improvements and any such parking shall comply with all applicable requirements of any and all governmental authorities having jurisdiction over the Roadway Improvements (including, but not necessarily limited to, the City). i. The provisions of this Roadway, Bridge and Utility Easement Agreement (the "Agreement ") maybe modified from time to time or terminated by the written agreement of Grantor, his heirs, legal and personal representatives or assigns and Grantee, its successors or assigns. j. The servitudes, easements, agreements and terms of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors in interest and assigns, heirs, legal and personal representatives and all other persons or entities having or hereafter acquiring any right, title or interest in or to the property currently owned by Grantor and described on Exhibit "B" attached hereto and incorporated herein by reference for all purposes (the "Grantor Property") or the property currently owned by Grantee and described on Exhibit "C" attached hereto and incorporated herein by reference for all purposes (the "Grantee Property"), and all other persons or entities claiming by, through or under Grantor or Grantee, thcir respective successors in interest, heirs, legal or personal representatives or assigns, including, but not limited to, their guests, invitees, lessees, sublessees, agents and employees. Each and every mortgage instrument, deed of trust, lien or other encumbrance affecting any portion of the Grantor Property or the Grantee Property shall at all times be subject to the terms of this Agreement and any party foreclosing any such mortgage, deed of trust, lien or encumbrance shall effectuate the foreclosure expressly subject to all of the terms and provisions hereof. The rights hereby granted are severable and may be assigned in whole or in part upon written agreement of Grantor and Grantee (with such agreement not to be unreasonably withheld or delayed). Upon the execution and recordation in the Real Property Records of Williamson County, Texas of any such assignment, the assigning party shall be relieved of any further liability with respect to the portion of ROADWAY. BRIDGE AND UTILITY EASEMENT AGREEMENT - Page 3 £ ICartm- neresnueua4awar.2 Description: Williamson, IX Document -Year Doc!D 2000.84168 Page: 3 of 17 Order: LILLY Comment: the Easement or obligations associated therewith so assigned (save and except for any liabilities obligations which had accrued and were properly due, payable and for performable as of the date such assignment was so recorded). k. The right of the Grantor to use the Easement Property for all other purposes that will not interfere with the exercise of the rights of Grantee hereunder is reserved to the Grantor, including the right to lay -out, dedicate, construct, maintain and use such roads, streets and alleys as will not interfere with the rights of Grantee; provided that all such facilities shall be properly grounded, and shall be constructed so as to provide with respect to the Roadway Improvements the minimum clearances provided by law and recognized as standard in the construction industry. 1. This Agreement may not be modified or amended, except by an agreement in writing signed by both Grantor and Grantee or their respective heirs, legal and personal representatives, successors in interest and assigns. The parties may waive any conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if in writing and signed by the party waiving such conditions and obligations. m. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No representation, warranty, covenant, agreement or condition not expressed in this Agreement shall be binding upon the parties hereto or shall affect or be effective to interpret, change or restrict the provisions of this Agreement, unless it is made in writing and executed by the parties subsequent to the date hereof. n. This Agreement may be executed in a number of identical counterparts. Esc) executed, each counterpart shall be deemed to be an original for all purposes and all of the counterparts shall, collectively, constitute but one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one counterpart. The parties agree that facsimile signatures shall be binding upon all parties. o. All written communications shall be deemed to be delivered when actually received or if notice is sent by mail, whether actually received or not, upon the deposit of both the original and the copy in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: If to Grantor: B. J. Williams P. 0. Box 429 Round Rock, Texas 78680 B 1 ._.k r L 1. uI • 1 kJ S ICLJINT- E10$423I3arROADWAY.2 Description: Williamson,TX Document - Year.DocID 2000.84168 Page: 4 of 17 'Order: LILLY Comment: - Page 4 With a copy to: if to Grantee: With a copy to: Christopher Stanley, Esq. Christopher Stanley & Associates, P.C. 3007C Williams Drive Georgetown, Texas 78628 Legends Village, L.P. 5225 Village Creek Drive Suite 400 Plano, Texas 75093 Attention: Ron Fraze, President Glast, Phillips & Murray, P.C. 717 North Harwood Suite 1700 Dallas, Texas 75201 Attention: Mark V. Murray, Esq. p. This Agreement shall be subject to and governed by the laws of the State of Texas. Each party hereby submits to the jurisdiction of the state and federal courts in the State of Texas and to venue in Williamson County in which the Easement Property is situated. q. In connection with this Agreement as well as all transactions contemplated by this Agreement, each party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions. r. , In case any one or more of the provisions contained in this Agreement shall, for any reason, be invalid, illegal or unenforceable in any respect, to the extent such invalidity or unenforceability does not destroy the basis of the bargain among the parties, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Whenever required by the context, as used in this Agreement, the singular number shall include the plural and the neuter shall include the masculine or feminine gender, and vice versa. This Agreement shall not be construed more or less favorably between the parties by reason of authorship or origin of language. s. Any recitals in this Agreement are represented by the parties hereto to be accurate, and constitute a part of the substantive agreement. The Easement Property and rights granted herein are expressly made subject to any and all existing easements, conditions, restrictions, liens, encumbrances, and other matters of record ROADWAY. BRIDGE AND UTILITY EASEMENT AGREEMENT - Page 5 S:ICLlENr.51 SOr31r90110ADWArl Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 5 of 17 Order: LILLY Comment: pursuant to the public records of Williamson County, Texas and affecting the Easement Property as of the date set forth below. Executed this 0 day of December, 2000. THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on December z o o 2000, by B. J. WILLIAMS. My Commission Expires: 9- 13 - ai 14 HARON WANOREWARTHA NOTARY PUBLIC Stets of Texax Comm. Exp. 09 -13 -2004 Description: Williamson, TX Document- Year.DocID 2000.84168 Page: 6 of 17 Order: LILLY Comment: otary Public in and for the State of Texas 7/,410 ' W Atdrriv &r y/�t (Printed or typed name of Notary) ROADWAY. BRIDGE AND TTTIIJTTY EASEMENT AGRFEMENT - Page 6 slCUenr- ELosoinssa1OADwAr3 EXHIBIT "A" All that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B. J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texan, and being more particularly described by metes and bounds as follow,: BEGINNING at an iron pin set on the South line of the above mentioned 268.9883 acre tract for the Southeast corner of this tract from which point the Southeast corner of the above mentioned 168.9883 acre tract bears S 89 degrees 43 minutes 55 seconds E feet and N 68 degrees 37 minutes 16 seconds E 112.90 feet. THENCE S 89 degrees 43 minutes 55 seconds W with the Southeast line of the said 168.9881 acre tract 90.09 feet to an iron pin set for a reentrant corner of this tract. THENCE N 27 degrees 06 minutes 43 seconds E 202.49 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 420.00 feet and a central angle of 60 degrees 27 minutes 25 seconds. THENCE with the arc of the said curve 443.17 feet the long chord of which bears N 57 degrees 20 minutes 26 seconds W 422.90 feet to an iron pin set for the PT of the said curve. THENCE N 87 degrees 34 minutes 08 seconds W 399.65 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 295.00 feet and a central angle of 06 degrees 48 minutes 37 seconds. THENCE with the arc of the said curve 35.06 feet the long chord of which bears S 89 degrees 01 minutes 33 seconds W 35.04 feet to an iron pin net in the PT of the said curve. THENCE S 85 degrees 37 minutes 14 W 101.23 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds. THENCE with the arc of the said curve 31.42 feet the long chord of which bears S 40 degrees 37 minutes 14 seconds W 28.28 feet to an iron pin set in the PT of the said curve. THENCE S 85 degrees 37 minutes 14 seconds W 120.00 feet to an iron pin aet for the Southwest corner of this tract. THENCE N 04 degree, 22 minutes 46 seconds W 115.00 feet to an iron pin set for an angle point of this tract. THENCE N 49 degrees 22 minutes 46 seconds W 21.21 feet to an iron pin set for an angle point of this tract. THENCE N 04 degrees 22 minutes 46 seconds W 466.57 feet to an iron pin set for the West corner of this tract. THENCE N 40 degrees 37 minute8.14 seconds E 35.36 feet to an iron pin set for angle point of this tract. Description: Williamson,7X Document- Year.Doc!D 2000.84168 Page: 7 of 17 Order: LILLY Comment: THENCE N 85 degrees 37 minutes 14 seconds E 100.00 feet to an iron pin set for an angle point of this tract. THENCE S 49 degrees 22 minutes 46 seconds E 35.36 feet to an iron pin set for an angle point of this tract. THENCE S 04 degrees 22 minutes 46 seconds E 476.57 feet to an iron pin set is the PC of a curve to the left said curve having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds. THENCE with the arc of the said curve 31.42 feet the long chord of which bears 9 49 degrees 22 minutes 46 seconds E 28.28 feet to an iron pin set for the PT of the said curve. THENCE N 85 degrees 37 minutes 14 seconds E 86.23 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 375.00 feet and a central angle of 06 degrees 48 minutes 37 seconds. THENCE with the arc of the said curve 44.57 feet the long chord of which bears N B9 degrees 01 minute 33 seconds E 45.55 feet to an iron pin set for the PT of the said curve. THENCE S 87 degrees 34 minutes 08 seconds E 399.65 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 500.00 feet and a central angle of 60 degrees 27 minutes 25 seconds. THENCE with the arc of the said curve 527.59 feet the long chord of which bears S 57 degrees 20 minutes 26 seconds E 503.45 feet to an iron pin set for the PT of the said curve. THENCE S 27 degrees 06 minutes 43 seconds E 243.91 feet to the POINT OF BEGINNING, containing 4.384 acres of land, more or less. Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 8 of 17 Order: LILLY Comment: TRACT 1 EXHIBIT "B" All that certain tract or parcel of land situated in the P.A. HOLDER SURVEY, A -297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to E.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an "X" cut in a brick column found on the Northwest line of V.S. Highway #79, for the Southeast corner of the above mentioned 168.9883 acre tract and the Southeast corner of this tract from which iron pin a 3/4" iron pin found bears N 64 degrees 35 minutes 12 seconds E 11.07 feet. THENCE $ 68 degrees 37 minutes 16 seconds W with the South line of the said 168.9883 acre tract 112.90 feet to an iron pin set at a fence post found in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 89 degrees 43 minutes 5S seconds W with the South line of the said 168.9883 acre tract 267.92 feet to an iron pin set for the Southwest corner of this tract. THENCE N 27 degrees 06 minutes 43 seconds W 243.90 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 500.00 feet and a central angle of 60 degrees 27 minutes 25 seconds. THENCE with the arc of the said curve 527.59 feet the long chord of which bears N 57 degrees 20 minutes 25 seconds W 503.45 feet to an iron pin set for the PT of the said curve. THENCE N 07 degrees 34 minutes 08 seconds W 320.54 feet to an iron pin set for an angle point of this tract. THENCE N 02 degrees 25 minutes 52 seconds E 7.79 feet to an iron pin set for an angle point of this tract. • THENCE N 80 degrees 43 minutes 20 seconds E 78.14 feet to an iron pin set for an angle point of -this tract. THENCE N 64 degrees 39 minutes 27 seconds E 62.63 feet to an iron pin set for an angle point of this tract. THENCE N 47 degrees 33 minutes 58 seconds E 194.89 feet to an iron pin set for an angle point of this tract. THENCE N 34 degrees 17 minutes 21 seconds E 61.35 feet to an iron pin set for an angle point of this tract. THENCE N 09 degrees 42 minutes 23 seconds E 61.35 feet to an iron pin set for an angle point of this tract: Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 9 of 17 Order: LILLY Comment: 1 THENCE N 12 degrees 11 minutes 23 seconds W 189.93 feet to an iron pin set for ' an angle point of this tract. THENCE N 00 degrees 58 minutes 01 second E 47.57 feet to an iron pin set in an angle point of the Northeast line of the above mentioned 168.9883 acre tract for an angle point of this tract. THENCE S 89 degrees 42 minutes 33 seconds E with the Northeast line of the said 168.9883 acre tract 205.82 feet to an iron pin set in an angle point of ' the said 168.9883 acre tract for an angle point of this tract. THENCE N 89 degrees 26 minutes 45 seconds E with the Northeast line of the 1 said 168.9883 acre tract at 415.1 feet pass a 60d nail found at a fence post and continue for a total of 484.18 feet to an iron pin set in an angle point of the said 168.9883 acre tract for an angle point of this tract. ' THENCE S 78 degrees 56 minutes 29 seconds E with the Northeast line of the said 168.9883 acre tract for an angle point of this tract. THENCE S 27 degrees 06 minutes 55 seconds E 202.76 feet to a 60d nail found at 1 a fence poat for an angle point of the said 168.9883 acre tract for an angle point of this tract. ' THENCE S 00 degrees 02 minutes 14 seconds E 777.04 feet to the POINT OF BEGINNING, containing 17.613 acres of land, more or less. 1 TRACT 2 1 All that certain tract or parcel of land situated in the P.A. HOLDER SURVEY, A -297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B. J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: 1 BEGINNING at an iron pin set on the south line of the above mentioned 168.9883 acre tract for the Southwest corner of this tract from which iron pin an iron pin set on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded.in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in'the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest corner of a 5.33 acre tract of land conveyed to the Swedish Lutheran Chruch Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records bears N 89 degrees 43 minutes 55 seconds W 632.30 feet, N 06 degrees 05 minutes 33 seconds W 217.80 feet, and N 89 degrees 58 minute5.34 seconds W 1098.63 feet. THENCE N 24 degrees 39 minutes 10 seconds W 86.11 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 700.00 feet and a central angle of 20 degrees 16 minutes 24 seconds. 1 Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 10 of 17 I Order: LILLY Comment: THENCE with the arc of the said curve 247.69 feet the long chord of which bears N 14 degrees 30 minutes 58 seconds W 246.40 feet to an iron pin set for the PT of the said curve. THENCE N 04 degrees 22 minutes 46 seconds W 74.82 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds. THENCE With the arc of the said curve 31.42 feet the long chord of which bears N 40 degrees 37 minutes 14 seconds B 28.28 feet to an iron pin set for the PT of the said curve. THENCE N 85 degrees 37 minutes 14 seconds E 101.23 feet to an iron pin set in the PC of a curve to the right said curve having a radiub of 295.00 feet and a central angle of 06 degrees 48 minutes 37 seconds. THENCE with the'arc of the said curve 35.06 feet the long chord of which bears N 89 degrees 01 minute 33 seconds B 35.04 feet to an iron pin net for the PT of the said curve. THENCE S 87 degrees 34 minutes 08 seconds E 399.65 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 420.00 feet and a central angle of 60 degrees 27 minutes 25 seconds. THENCE with the arc of the maid curve 443.17 feet the long chord of which bears S 57 degrees 20 minutes 26 seconds 5 422.90 feet to an iron pin set for the PT of the said curve. THENCE S 27 degrees 06 minutes 43 seconds E 202.46 feet to an iron pin set on' the South line of the said 168.9883 acre tract for the Southeast corner of ,this tract. THENCE N 89 degrees 43 minutes 55 seconds W 898.60 feet to the POINT OF BEGINNING, containing 7.914 acres of land, more or less. TRACT 3 All that certain tract of parcel of land situated in the P.A. HOLDER SURVEY, A -297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by a metes and bounds as follows: BEGINNING at an iron pin set on the.East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texan, in the Southwest corner of the above mentioned 168.9883 acre tract and the northwest corner of a 5.33 acre tract of land conveyed to the Swedish Lutheran Church Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records for the Southwest corner of this tract. Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 11 of 17 Order.: LILLY Comment: THENCE N 14 degrees 16 minutes 31 seconds 8 with the Bast line of the above mentioned 10.893 acre tract at 550.42 feet pass an iron pin found at a fence corner post for an angle point of the said 10.893 acre tract and continue for a total of 563.35 feet to an iron pin set for angle point of the said 166.9833 acre tract and an angle point of this tract. THENCE N 14 degrees 31 minutes 35 seconds W with the Weat line of the said 168.9833 acre tract 251.50 feet to an iron pin set for the Weat corner of this tract. THENCE 5 83 degrees 06 minutes 32 seconds E 91.58 feet to an iron pin set for an angle point of this tract. THENCE N 76 degrees 35 minutes 14 seconds 8 91.63 feet to an iron pin set for an angle point of this tract. THENCE N 66 degrees 40 minutes 44 seconds E 61.74 feet to an iron pin set for an angle point of this tract. THENCE N 45 degrees 47 minutes 37 seconds E 83.64 feet to an iron pin set for an angle point of this tract. THENCE N 34 degrees 56 minutes 44 seconds 8 60.70 feet to an iron pin set for an angle point of this tract. THENCE N 42 degrees 53 minutes 54 seconds E 60.70 feet to an iron pin set for an angle point of this tract. THENCE N 41 degrees 01 minute 33 seconds 8 163.30 feet to an iron pin set for an angle point of .tpia tract. THENCE N 34 degrees 31 minutes 43 seconds B 163.30 feet to an iron pin set for an angle point of this tract. THENCE N 64 degrees 19 minutes 22 seconds E 173.60 feet to an iron pin set for an angle point of this tract. THENCE S 38 degrees 44 minutes-30 seconds E 173.60 feet to an iron pin set for an angle point of this tract. ' THENCE S 11 degrees 35 minutes 54 seconds 8 282.58 feet to an iron pin set for an angle point of'thia tract. THENCE 5 36 degrees 15 minutes 30 seconds 8 256.01 feet to an iron pin set for an angle point of this tract. THENCE 9 58 degrees 41 minutes 34 seconds 8 178.95 feet to an iron pin net for an angle point of this tract. THENCE N 82 degrees 09 minutes 52 seconds E 161.60 feet to an iron pin set for an angle point of this tract. . THENCE 9 04 degrees 22 minutes 46 seconds 8 330.25 feet to an iron pin set for an angle point of this tract. Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 12 of 17 Order: LILLY Comment: THENCE S 49 degrees 22 minutes 46 seconds E 21.21 feet to an iron pin set for an angle point of this tract. THENCE S 04 degrees 22 minutes 46 seconds E 115.00 feet to an iron pin set for an angle point of this tract. THENCE N 85 degrees 37 minutes 14 seconds E 120.00 feet to an iron pin set for an angle point of this tract. THENCE S 04 degrees 22 minutes 46 seconds E 74.82 feet to an iron pin pet in the PC of a curve to the left said curve having a radius of 700.00 feet and a central angle of 20 degrees 16 minutes 24 seconds. THENCE with the arc of the said curve 247.69 feet the long chord of which bears S 14 degrees 30.minutes 58 seconds E 246.40 feet to an iron pin set for the PT of the said curve. THENCE S 24 degrees 39 minutes 10 seconds E 86.11 feet to an iron pin set on the South line of the said 168.9883 acre tract for the Southeast corner of this tract. THENCE N B9 degrees 43 minutes SS seconds W 632.30 feet to an iron pin found in an angle point of the South line of the said 168.9883 acre tract for an angle point of this tract. THENCE N 06 degrees 05 minutes 33 seconds E 217.80 feet to an iron pin set in an angle point of the said 168.9833 acre tract for an angle point of this tract. THENCE N 89 degrees 58 minutes 34 seconds W 1098.63 feet to the POINT OF BEGINNING, containing 32.114 acres of land, more or less. Description: Williamson, TX Document- Year.DocID 2000.84168 Page: 13 of 17 Order: LILLY Comment: _ - TRACT 1 EXEFBI "C" All that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to E. J. Williams by deed recorded as Document No. 199944310 and Doc. No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bound as follows: BEGINNING at an iron pin found on the East right -of -way line of the M. K. & T. Railroad for the Northwest corner of the above mentioned 168.9883 acre tract and the Northwest corner of this tract said point being the terminus of a boundary line agreement recorded in Volume 339, Page 174 of the Deed Records of Williamson County, Texas. THENCE with the North and East lines of the said 168.9883 acre tract and the said boundary line agreement for the following five (5) courses: (1) S 88 degrees 42 minutes 38 seconds E 599.65 feet to an iron pin found (2) S 03 degrees 13 minutes 21 seconds W 439.54 feet to an iron pin set at a fence post (3) S 86 degrees 04 minutes 53 seconds E 480.86 feet to a P - K nail set at a fence post (4) S 82 degrees 00 minutes 08 seconds E 177.65 feet to an iron pin found in the Northeast corner of the said 168.9883 acre tract for the Northeast corner of this tract (5) S 12 degrees 17 minutes 51 seconds W 1509.80 feet to an iron pin set for an angle point of this tract. THENCE S 35 degrees 15 minutes 02 seconds W 363.11 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 700.00 feet and a central angle of 39 degrees 37 minutes 47 seconds. THENCE with the arc of the said curve 484.17 feet the long chord of which bears S 15 degrees 26 minutes 08 seconds W 474.58 feet to an iron pin set for the PT of the said curve. THENCE S 04 degrees 22 minutes 46 seconds E 192.24 feet to an iron pin set for an ell corner of this tract. THENCE S B5 degrees 37 minutes 14 seconds W 100.00 feet to an iron pin set for an angle point of this tract. THENCE S 40 degrees 37 minutes 14 seconds W 35.36 feet to an iron pin set for an angle point of this tract. THENCE S 04 degrees 22 minutes 46 seconds E 136.32 feet to an iron pin set for the southeast corner of this tract. Description: Williamson,7X Document- Year.DocID 2000.84168 Page: 14 of 17 Order: LILLY Comment: LEGAL DESCEIPTTON ATTACHMENT (Continued) rile Number' PC00122980 THENCE S 82 degrees 09 minutes 52 seconds W 161.60 feet to an iron pin set for an angle point of this tract. THENCE N 58 degrees 41 minutes 34 seconds W 178.95 feet to an iron pin set for an angle point of this tract. THENCE N 36 degrees 15 minutes 30 seconds W 256.01 feet to an iron pin set for an angle point of this tract. THENCE N 11 degrees 35 minutes 54 seconds W 282.58 feet to an angle point of this tract. THENCE N 38 degrees 44 minutes 30 seconds W 173.60 feet to an angle point of this tract. THENCE S 64 degrees 19 minutes 22 seconds W 173.60 feet to an iron pin set for an angle point of this tract. THENCE S 34 degrees 31 minutes 43 seconds W 163.30 feet to an iron pin set for an angle point of this tract. THENCE S 41 degrees 01 minutes 33 seconds W 163.30 feet to an iron pin set for an angle point of this tract. . TEENCE S 42 degrees 53 minutes 54 seconds w 60.70 feet to an iron pin set for an angle point of this tract. THENCE S 34 degrees 56 minutes 44 seconds W 60.70 feet to an iron pin set for an angle point of this tract. THENCE S 45 degrees 47 minutes 37 seconds W 83.64 feet to an iron pin set for an angle point of this tract. THENCE S 66 degrees 40 minutes 44 seconds W 61.74 feet to an iron pin set for an angle point of this tract. THENCE S 76 degrees 35 minutes 14 seconds W 91.63 feet to an iron pin set for an angle point of _this tract. THENCE N 83 degrees 06 minutes 32 seconds W 92.01 feet to an iron pin set for a point on the West line of the said 168.9883 acre tract for the Southwest corner of this tract. THENCE N 14 degrees 05 minutes 11 seconds W with the West line of the said 168.9883 acre tract 53.28 feet to an iron pin found at an 18" elm tree for an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE with the West line of the said 168.9883 acre tract for the following six (6) courses: (1) N 06 degrees 58 minutes 17 seconds W 128.70 feet to an iron pin found at an 14" elm tree Description: Williamson, 7X Document- Year.DocID 2000.84168 Page: 15 of 17 Order: LILLY Comment: —_ (2) N 18 degrees 52 minutes 33 seconds E 130.70 feet to an iron pin set for an angle point (3) N 68 degrees 17 minutes 11 seconds W 120.00 feet to an iron pin set on the East right -of -way line of the M. K. & T. Railroad for an angle point (4) N-21 degrees 42 minutes 33 seconds E 205.37 feet to a 60d nail found in a fence post for an angle point (5) N 65 degrees 52 minutes 41 seconds W 33.22 feet to a capped iron pin found (SDHPT #8370) for an angle point of this tract (6) N 21 degrees 28 minutes 18 seconds E 2557.27 feet to the POINT OF BEGINNING, containing 91.284 acres of land, more or less. TRACT 2 LEGAL DESCRIPTION ATTACHMENT (Continued) File Number: PC00122980 All that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B. J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 Of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the East line of the above mentioned 168.9883 acre tract for the Northeast corner of this tract from which point the Northeast corner of the above mentioned 168.9883 acre tract bears N 12 degrees 17 minutes 51 seconds E 1509.80 feet. THENCE with the East line of the said 168.9883 acre tract for the following four (4) courses: (1) S 12 degrees 17 minutes 51 seconds W 173.00 feet to an iron pin set at a fence post (2) S 88 degrees 14 minutes 10 seconds E 161.10 feet to an iron pin set (3) S 53 degrees 26 minutes 49 seconds E 169.21 feet to a 60d nail found in a fence post (4) S 00 degres 18 minutes 34 seconds W 660.48 feet to an iron pin set in an ell corner of the said 168.9883 acre tract for an angle point of this tract. THENCE S 00 degrees 58 minutes 01 seconds W 47.57 feet to an iron pin set for an angle point of this tract. THENCE 5 12 degrees 11 minutes 23 seconds E 189.93 feet to an iron pin set for an angle point of this tract. THENCE S 09 degrees 42 minutes 23 seconds E 61.38 feet to an iron pin set for an angle point of this tract. THENCE 5 34 degrees 17 minutes 21 seconds W 61.35 feet to an iron pin set for an angle point of this tract. THENCE S 47 degrees 33 minutes 58 seconds W 194.89 feet to an iron pin set for an angle point of this tract.. THENCE S 64 degrees 39 minutes 27 seconds W 62.63 feet to an iron pin set for Description: Williamson, TX Document- Year.DocID 2000.84168 Page: 16 of 17 Order: LILLY Comment: LEGAL DESCRIPTION ATTACHMENT (Continued) File Number: PC00122980 an angle point of this tract. THENCE S 80 degrees 43 minutes 20 seconds W 78.14 feet to an iron pin set for an angle point of this tract. THENCE S 02 degrees 25 minutes 52 seconds W 47.79 feet to an iron pin set for an angle point of this tract. THENCE N 87 degrees 34 minutes 08 seconds W 79.11 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 375.00 feet and a central angle of 06 degrees 48 minutes 37 seconds. THENCE with the are of the said curve 44.57 feet the long chord of which bears S 89 degrees 01 minutes 33 seconds W 44.55 feet to an iron pin set in the PT of the said curve. THENCE S 85 degrees 37 minutes 14 seconds W 101.23 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds. THENCE with the arc of the said curve 31.42 feet the long chord of which bears N 49 degrees 22 minutes 46 seconds w 28.28 feet to an iron pin set in the PT of the said curve. THENCE N 04 degrees 22 minutes 46 seconds W 476.57 feet to an iron pin set for an angle point of this tract. THENCE N 49 degrees 22 minutes 46 seconds W 35.36 feet to an iron pin set for an angle point of this tract. THENCE N 04 degrees 22 minutes 46 seconds W 192.24 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 700.00 feet and a central angle of 39 degrees 37 minutes 47 seconds. THENCE with the arc of the said curve 484.17 feet the long chord of which bears N 15 degrees 26 minutes 08 seconds E 474.58 feet to an iron pin set for the PT of the said curve. THENCE N 35 degrees 15 minutes 02 seconds E 363.11 feet to the POINT OF BEGINNING, containing 15.636 acres of land, more or less. AUSTIN TITL COMPANY 101 E. Old Settlers Blvd. Suite #100 Round Rock, Texas 78664 FILED D RECORDED OFFICIAL PUBLIC RECORDS 12 -21 -200 OG:37 AM 2000084168 ANDERSON $41.00 NANCY E. RISTER .COUNTY CLERK WILLIAMSON COUNTY, TEXAS Description: Williamson :IX Document - Year.DocID 2000.84168 Page: 17 of 17 Order: LILLY Comment: 2001-02376 6 P9S STATE OF TEXAS COUNTY OF WILLIAMSON DATE: GRANTOR: B. J. WILLIAMS WATER AND WASTEWATER EASEMENT AND RIGHT -OF -WAY 9 ,2001 GRANTOR'S MAILING ADDRESS: P. O. Box 142727 Austin, Texas 78714 GRANTEE: LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district of the State of Texas GRANTEE'S MAILING ADDRESS: P.C. Box 220 Austin, Texas 78767 CONSIDERATION: Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. EASEMENT PROPERTY: A tract of land consisting of 78 square feet, more or less, more particularly described m the attached Exhibit A, which may include field note description and plat, and which is incorporated herein and made a part hereof for all purposes. PROJECT: Water and wastewater mains and lines and all necessary or desirable appurtenances thereto including, without limitation, cleanouts, valves, meters, and manholes. The Project may also include communication lines and all necessary or desirable appurtenances thereto. GRANTOR, for the CONSIDERATION paid to GRANTOR hereby grants, sells, and conveys to GRANTEE an easement and right -of -way in, upon, under, over and across the EASEMENT PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEES successors and assigns forever. The easement, right -of -way, rights, and privileges herein granted shall be used for the purposes of excavating for, laying, constructing, placing, operating, maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting, patrolling, changing, modifying, or repairing the PROJECT, or any part of the PROJECT, and making connections therewith. GRANTEE shall have the right of ingress and egress at all times upon and across the EASEMENT PROPERTY for the above stated purposes. In the event that immediate access to the EASEMENT PROPERTY is not reasonably available over the EASEMENT PROPERTY, and only in that event, then GRANTEE shall have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining such access. In the event that such access is not reasonably available over the EASEMENT PROPERTY and not available over existing roads, and only in that event, GRANTEE shall have the right of reasonable ingress and egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain such access. GRANTEE shall have the right to install and maintain appropriate gates along and in any fence, as necessary or appropriate for the exercise of GRANTEES right of ingress and egress on the EASEMENT PROPERTY or adjacent property of GRANTOR 1 Chandler Creek Description: Williamson, TX Document- Yearpoc/D 2001.23176 Page: 1 of 6 ' Order: LILLY Comment: GRANTEE shall have the right to license, permit, or otherwise agree to the joint use or occupancy of the EASEMENT PROPERTY by any other person or legal entity for the above stated purposes. GRANTEE shall have the right to conduct archeological, historical, environmental, or other studies on the EASEMENT PROPERTY. GRANTOR its successors or assigns, shall not place or store any material upon, or cover, bury, pave over, or otherwise obstruct, any clean out, valve, meter, or manhole located within the EASEMENT PROPERTY. GRANTOR shall not be permitted to plant trees or shrubs of any kind within the boundaries of the EASEMENT PROPERTY. GRANTOR agrees that GRANTOR shall not place any structure in or on the EASEMENT PROPERTY that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the PROJECT or the rights of ingress and egress granted herein. In the event that GRANTOR shall place =permitted materials within the boundaries of the EASEMENT PROPERTY and fails to remove same within three days of receipt of written notice delivered certified mail, return receipt requested by GRANTEE, GRANTEE shall have the right, but not the obligation, to remove such encumbrances and charge GRANTOR for any and all costs connected with such removal including, but not limited to, contractors' fees, equipment costs, and notification costs. GRANTOR shall have the right to use the surface of the EASEMENT PROPERTY, so long as such use does not interfere with the PROJECT. GRANTEE agrees that upon completion of construction, all surplus excavation, debris, trash, or litter resulting from construction shall be cleaned up and disposed of off the premises. GRANTEE at all times after completing any work in connection with the construction will restore the surface of said property, as nearly as possible, to the condition in which said property was found immediately before such work was undertaken; however, GRANTOR understands and agrees that vegetation cleared from said property will not be replaced. GRANTEE shall conduct all of its activities on the EASEMENT PROPERTY in full compliance with all applicable federal, state, and local laws and ordinances. It is understood and agreed that the CONSIDERATION herein paid includes payment for all damages for the initial construction and ordinary operation and maintenance of the PROJECT but does not include damages, if any, to GRANTORS remainder property which may occur in the future after the original construction of the PROJECT, directly resuming from the reconstruction or repair of the PROJECT. GRANTEE shall not be liable for damages caused by keeping the EASEMENT PROPERTY clear of trees, undergrowth, brush, structures, or other obstructions. All parts of the PROJECT installed on the EASEMENT PROPERTY shall remain the exclusive property of GRANTEE. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR in, on, and under the EASEMENT PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE'S use of the EASEMENT PROPERTY. The rights granted to GRANTEE in this EASEMENT shall be and are assignable in whole or in part This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their respective successors, and assigns. GRANTOR warrants and shall forever defend the Easement to GRANTEE against anyone lawfully claiming or to claim the EASEMENT or any part thereof. Caandier Creek 2 Description: Williamson,7X Document- Year.DocID 2001.23176 Page: 2 of 6 Order: LILLY Comment: 1 When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the employees, agents, subsidiaries, officers, servants, contractors, successors and assigns of GRANTEE. - ACKNOWLEDGMENT STATE OF TEXAS Y/ § — 7 COUNTY OF -WS § This instrument was acknowledged before me on the 3 day of ,2001,by B. J. Williams. ON W ANDREWARTNA NOTARY PUBLIC State of Texas Comm. Exo 09- 13.2004 AFTER RECO1RDING RETURN TO: 712r.4R.. S.t J -t.tJM LI O Lower Colorado River Authority P. O. Box 220 1•A.le\ Austin, Texas 78767 -0220 Chandler Creek 3 Description: Williamson,7X Document- Year.DocID 2001.23176 Page: 3 of 6 Order: LILLY Comment: dititarixth otary Public, State of Texas 78 Square Foot Tract DESCRIPTION FOR A 78 SQUARE FOOT TRACT OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 168.988 ACRE TRACT OF LAND DESCRIBED IN THAT DEED TO B.J. WILLIAMS BY INSTRUMENT RECORDED AS DOCUMENT NO. 199944311 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 78 SQUARE FOOT TRACT BEING MORE PARTICULARALY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a point on a northeast line of said 168.988 Acre tract, same being on a southwest line of a called 13.123 Acre tract of land as described in that deed to Edwin H. Clark and Barbara Clark, Trustees by Instrument recorded as Document No. 9853896 of the Official Records of said county, being the north corner and POINT OF BEGINNING hereof; from which a found nail in a fence post for a south angle point of said 13.123 Acre tract, same being a north angle point of said 168.988 Acre tract bears, N 29° 43' 51" W a distance of 186.54 feet, N 81° 08' 45" W a distance of 163.59 feet and S 87° 06' 06" W a distance of 69.45 feet; THENCE with the said northeasterly boundary line of the 168.988 Acre tract, same being the said southwest boundary line of the 13.1236 Acre tract, S 29° 43' 51" E for a distance of 15.69 feet to a point for the east comer hereof, from which a found nail in a fence post for a southwest angle point of said 168.988 Acre tract bears, S 29° 43' 51" E a distance of 1.12 feet; THENCE through the interior of said 168.988 Acre tract, S 43° 15' 02" W for a distance of 1.52 feet to a point on the northeast line of a 3.726 Acre tract of land as described in that Water and Wastewater Easement and Right - of - Way to the Lower Colorado River Authority by Instrument recorded as Document No. 199983741 of the Official Records of said county, being the south comer hereof; THENCE with the said northeast line of the 3.726 Acre tract, continuing though said interior N 57° 16' 58" W for a distance of 15.26 feet to a point for the west comer hereof; THENCE continuing through said interior, N 43° 15' 02" E for a distance of 8.90 feet to the POINT OF BEGINNING hereof and containing 78 Square Feet of land. Bearing basis is based on the Texas State Plan Coordinate System, Central Zone, NAD 83. Surveyed under the direct supervision of the undersigned: y/rrrn.-1(C 70 Donald I. Kirby �.lf:Rl:!S . Date Registered Professi..: Land S Baker - Aicklen & Assoc., Inc. 203 East Main Street, Suite 201 Round Rock, TX 78664 auto -ronrew wen 71 Sq n 3-5-01 Description: Wi hiamson,7X Document- Year.DocID 2001.23176 Page: 4 of 6 Order: LILLY Comment: SKETCH TO ACCOMPANY FIELD NOTES EDWIN H CLARK AND BARBARA CLARK, TRUSTEES OF THE CLARK FAMILY RESIDENCE TRUST DOC NO. 91353896 13123 ACRES s' '''' 40' WATER. WASTE WATER ", EASEMENT 00C NO. 099033701 ',..... m ,.... ".. B. J. WILLIAMS '....... ..., ... .... OOC. NO 19994434 . ..... 168.9138 ACRES ..„, ..., .,, nFTAIL 1 1 LINE TABLE NUMBER LI L2 13 LO L5 16 L? 18 L9 110 DIRECTION S 29 29 E S 0222'38" E N57•16'511 W N 57 W N 43.002" E s 4315'02" W 5 87 W N64•0346"E N 63 DISTANCE 15.69' 112' 1.20' 1.96' 15.26' 8.90• 152' 69.43' 10.09' If IF JAM NAIL IN FENCE POST • IRON ADD FOUND • 001109 619 SPINDLE FOUND • POINT OF BEGINNINO BEGINNING FOR REFERENCE Li F.R. BREAK SCALE —4 BEARSIG BASES LS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL. ZONE, NAD 83. SEE 00 TAIL 1 MICHAEL 01099 041166114, ET UX DOC. NO. 9450668 616 ACRES 0.13 MRS 1DPORARY 4090 1800800 ro 100 ' • WILLIAMSON COUNTY. TEAAS Baker-Alcklen & Associates, Ina. EngInews/Summyors JOB No.: 1165-701-21 BY: 8 JOHNSON Description: Williamson,7X Document-Year.DocID 2001.23176 Page' 5 of r. - M-ORB \CHAN-CRK Order: LILLY Comment FILED AND RECORDED OFFICIAL PUBLIC RECORDS e 04- 06- 2002:29 PM 2001023176 ANDERSON $19.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY, TEXAS Description: Williamson,7X Document- Year.DocID 2001.23176 Page: 6 of 6 Order: LILLY Comment: THE STATE OF TEXAS COUNTY OF WNILLIAMSON CITY OF ROUND ROCK 1, CHRISTINE MARTINEZ, Assistant City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No A -99- 12-09 -12B3 which was passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 9th day of December 1999 as recorded in the minutes of the City of Round Rock in Book 42 CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 17th day of December 1999. x . * Description: Williamson, TX Document- YearpociD 1999.84503 Page: 1 of 13 ' Order: LILLY Comment: 199984503 13 Pes alkithAIJ CHRISTINE MARTINEZ Assistant City Secretary ORDINANCE NO. r t -99- 9' 4-0 r - / 3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 112.5 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT 297, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN ErriCT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 112.5 acres of land out of the P.A. Holder Survey, Abstract "Property "), more fully described in Exhibit "A ", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one -half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and R \> PDXS\OWIIIMIC 031319112 1411/lie Description: Williamson, TX Document- Year.DocID 1999.84503 Page: 2 of 13 Order: LILLY Comment: No. 297, in Williamson County (the 1 WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. H. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. Iv. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other I I 2 ' Description: Williamson, TX Document- YearpocID 1999.84503 Page: 3 of 13 Order: LILLY Comment: 1 1 citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force 1 and effect and all those which may be hereafter adopted. V. 1 That the official map and boundaries of the City, heretofore 1 adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. 1 VI. ' That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and 1 incorporated herein as Exhibit "E ", is hereby approved. ' VII. That the City Manager is hereby directed and authorized to 1 perform or cause to be performed all acts necessary to correct the 1 official map of the City to add the territory hereby annexed as required by law. ' • VIII. That this Ordinance shall become effective after its passage. IV. 1 That the City Secretary is hereby directed and authorized to 1 file a certified copy of this Ordinance in the Office of the County Clerk,of Williamson County, Texas. 1 3 Description: Wilfiamson,7X Document- Yearpoc!D 1999.84503 Page: 4 of 13 • Order. LILLY Comment: X. If any section, subsection, sentence, phrase, or word of this ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. xI. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which 4 Description: Williamson, TX Document- Year.DocID 1999.84503 Page: 5 of 13 ' Order: LILLY Comment: this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 0 day of ikaniLLIJ, 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. READ, APPROVED and ADOPTED on second reading this the day of , 1999. ATTEST: ANNE LAND, City Secretary Description: Williamson, TX Document- Year.DocID 1999.84503 Page: 6 of 13 Order: LILLY Comment: City of Round Rock, Texas 5 PETITION FOR ANNEXATION INTO TIIE CITY OF - ROUND ROCK, TEXAS TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents hereby petition your Honorable Body to extend the present city limits so as to include as part of the City of Round Rock, Texas, the following described territory, to wit: We hereby certify, under oath, that: SEE EXHIBIT "A" 1. WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit "B" a true and current copy of the Warranty Deed whereby we acquired said property, and 2. the above described tract of land is contiguous and adjacent to the current City SUBSCRIBED AND SWORN TO BEFORE ME, a notary public by B. J. Williams this /2 day of NOV ,1999 AD. / &nGd4L6!/ i1- Notary Public in and for the State of Texas. Description: Williamson, TX Document- Year.DocID 1999.84503 Page: 7 of 13 Order: LILLY Comment: SHARON W. MAMMA 3 NOTARY PUBLIC State of Texas Comm Exp 09-06-2000 AUSTIN SURVEYORS PA BOX laaltl AUSTIN, TEXAS MIS 'SINS JUSTIN LANE /103 (513) 451405 FIELD NOTES FOR ANNEXATION FIELD NOTES FOR 11250 ACRES All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, In Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to by deed recorded in Volume , Page _ of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the East right -of -way Tine of the MK 6t T railroad for the Northwest corner of the above mentioned 168.9883 acre tract and the Northwest corner of this tract said point being the terminus of a boundary line agreement recorded in Volume 339, Page 174 .of the Deed Records of Williamson County, Texas. THENCE with the North and East lines of the said 168.9883 acct tract and the said boundary line agreement for the following eight (8) courses: (1) S 8843'59" E 600.48 feet (2) S 03°09'46" W 438.62 feet (3) S 85 °55'58" E 480.37 feet (4) S 82°02'57" E 177.65 feet (5) S 12 °15'01" W 1682.05 feet (6) S 87°52'23" E 159.63 feet (7) S 53°38'14" E 16895 feet THENCE S 02 °02'26" W 47.79 feet to an angle paint of this tract - THENCE S 12 °11'23" E 189.93 feet to an angle point of this tract THENCE S 09°42'23" W 61.35 feet to an angle point of this tract THENCE S 34 °17'21" W 61.35 feet to an angle point of this tract THENCE S 47 °33'58" W 194.89 feet to an angle point of this tract THENCE S 64°39'27" W 62.63 feet to an angle point of this tract THENCE S 80 °43'20" W 78.14 feet to an angle point of this tract THENCE S 02°25' W 7.79 feet to an angle point of this tract. THENCE S 87°34'08" E 320.54 feet to the PC of a curve to the right said curve laving a radius of 500.00 feet and a central angle of 60°27'25 ". THENCE with the arc of the said curve 527.59 feet the long chord of which bears S 57°20'26" E 503.45 feet to the PT of the said curve. THENCE S 27°06'43" E 243.91 fed to a point on the South line of the said 168.9883 acre tract for the Southeast comer of this tract. Description: Williamson,7X Document- Year.DocID 1999.84503 Page: 8 of 13 Order: LILLY Comment: 112.50 ACRES PAGE 2 OF 3 1 THENCE S 89°44'06" W with the Southeast line of the said 168.9883 acre tract 90.09 feet to a reentrant corner of this tract 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THENCE N 27°06'43" E 202.49 fed to the PC of a curve to the left said curve having a radius of 420.00 fed and a central angle 41 60°27'25". THENCE with the arc of the said curve 443.17 feet the long chord of which bears N 57°20'25" W 422.90 fed to the PT of the said curve. THENCE N 87°34'08" W 399.65 feet to the PC of a curve to the left said curve having a radius of 295.00 feet and a central angle of 06 °48'37". THENCE with the arc of the said curve 35.06 feet the long chord of which bears S 89°01'33" W 35.04 feet to the PT of the said curve. THENCE S 85°37'14" W 101.23 feet to the PC of a curve to the left said curve having a radios of 20.00 fed and a central angle of 90°00'00". THENCE with the arc oldie said curve 31.42 feet the long chard of which bears S 40°37'14" W 28.28 fed to the PT of the said curve. THENCE S 04°22'46" W 74.82 feet to the PC of a carve to the left said curve having a radius of 700.00 foot and a central angle of 20°16'24 ". THENCE with the arc of the said curve 247.69 feet the long chord of which bears S 14 °30'58" E 246.40 feet to the PT of the said curve. THENCE S 2499'10" E 86.18 feet to a point on the South line of the said 168.9883 acre tract for an angle point of this tract THENCE S 89 °44'06° W with the Southeast line of the said 168.9883 acre tract 132.32 feet to a reentrant comer of this tract. THENCE N 24°39'10" W 30.43 fed to the PC of a curve to the right said curve having a radius of 820.00 feet and a central angle of 20°16'44 ". THENCE with the arc of the said curve 290.15 feet the long chord of which bears N l4°30'58" W 288.64 feet to the PT of the said curve. THENCE N 0412'46" W 189.82 feet to an angle point of this tact THENCE N 49°22'46" W 21.21 feet to an angle point of this tract. THENCE N 04°22'46" W 330.25 fat to an angle point of this tract. THENCE S 82°09'52" W 161.60 fed to an angle point of this tract. THENCE N 58°41'34" W 178.95 fed to an angle point of this tact THENCE N 36 °15'30" W 256.01 feet to an angle point of this tact THENCE N 11 °35'54" W 282.59 feet to an angle point of this tract THENCE N 38 °44'30" W 173.60 feet to an angle point ofthis tract. Description: Williamson,1X Document- Year.DociD 1999.84503 Page: 9 of 13 Order: LILLY Comment: I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11250 ACRES PAGE 3 OF 3 THENCE S 64 °19'22" W 173.60 feet to an angle point of this tract. THENCE S 34 °41'43" W 163.30 feet to an angle point of this tract THENCE S 41°01'33" W 163.30 fed to an angle point of this tract THENCE S 42 °53'54" W 60.70 feet to an angle point of this tract. THENCE S 34 °56'44" W 60.70 fed to an angle point of this tract. THENCE S 45 °47'37" W 83.64 fed to an angle point of this tract THENCE S 66 ° 40'44" W 61.75 feet to an angle point of this tract THENCE S 76°35'14" W 91.63 fed to an angle point of this tract THENCE N 83 °07'04" W 91.63 feet to a poira on the West line of the said 168.9883 acre tract for an angle point of this tract THENCE N 14°30'08" W with the West line of the said 168.9883 acre tract 5338 fed to an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE with the West the of the said 168.9883 acre tract line for the following si:t (6) courses: (1) N 06 °58'46" W 128.70 fed (2) N 18 °52'43" E 130.77 feet (3) N 68 °17'11" W 120.00 feet (4) N 21 °42'49" E 205.27 feet (5) N 65 °51'21" W 33.28 feet (6) N 21°28'17" E 2557.36 fed to the POINT OF BEGINNING, containing 112.50 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records and calculations made under my supervision during August of 1999 and are correct to the best of my knowledge and belief. This does net constitute an on -the- ground survey and no monuments were set. These field notes were prepared for the amcxation of this tract by the City of Round Rock. Any use of this description by these or any other persons for any other use or purpose is expressly probibited. Description: Williamson,7X Document- Year.DocID 1999.84503 Page: 10 of 13 Order. LILLY Comment: 0 014- Claude F. Hinkle, Jr. R.P.L.S. No. 4629 t3 1✓ 9 Date 974.DOC C 1 » AAA Al AMA IANS PLA ATM AlitlArer 1132 AMA LAMA OAP AL VOL IT Of 13 ALS RECORDERS MEMORANDUM All or puts of the tat on this pep was not dearly kgile foe satisfactory ttoordmon. VA ONELLII Description: Williamson,7X Document- Yearpoc!D 1999.84503 Page: 11 of 13 Order: LILLY Comment: COMM Vs AO A 11 ALLA MAY ma I� 1 r —� • �.ev�V DEVELOPMENT SUMMARY CITY PARKLAND: zo.a Ac. SF - e0.3 Ar. P.O.W. 11.4 M. MLA PALMER Y K . A ,+ • AMA IN z ; fi t"° 1 A AA a as 1 Date: Annexation Area Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUNK FACILmFS 6. CAPITAL IMPROVEMENTS REQUIRED EXIIISIT R PROVISION OF SERVICES PLAN December 2,1999 Description: Williamson,TX Document- Year.DocID 1999.84503 Page: 12 of 13 Order: LILLY Comment: 1125 acres (Legends Village Single Family Phase: Overall Tract) The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. 1 1 1 1 1 1 1 l i 1 1 1 1 1 1 1 1 FILED 410 RECORDED OFFICIAL PUBLIC RECORDS 12-20 -1999 02:32 PM 199984503 MILLER $33.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS 1 Description: Williamson,7X Document- Year.DocID 1999.84503 Page: 13 of 13 Order: LILLY Comment: P.&aaou. A .66141.40 CITY OF ROUND ROCK ADMINISTRATION 0 ,, 221 EAST MAIN STREET ROUND ROCK, TEXAS 78684 RESOLUTION NO. R- 03- O1- 23 -10E5 WHEREAS, the City desires to purchase between 2.0 and 2.5 acres out of a 7.71 acre tract of land known as Lot 1, Block "B ", Section Three, Legends Village, Round Rock, Williamson County, for Fire Station Number 6, and WHEREAS, B. J. Williams, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with B. J. Williams, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of January, 2443 CHRISTINE R. MARTINEZ, City Secreta 00"A \WORIDOX \o. \"Pox \RESOM,rc \a3O12aC5.uen /ncc �i %/_ NYLE ELL, Mayor City of Round Rock, Texas State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between B. J. WILLIAMS, (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for a tract of land situated in Williamson County, Texas, being more particularly described as follows: Between 2.0 and 2.5 acres out of a 7.71 acre tract of land known as Lot 1, Block "B ", Section Three, Legends Village, Round Rock, Williamson County; said tract to be surveyed out of the northwest corner of said Lot 1, as more particularly described in Exhibit A, attached hereto; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to m this Contract as the "Property"), for the consideration and upon and subject to the terms, provisions, and conditions set forth below. O: \wdox \corr \gnl \fire #61p \00041560.DOC ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Three Dollars and Seventy Five Cents ($3.75) per square foot, as determined by the survey provided for below. Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Commonwealth Title Company, 20 Chisholm Trail Rd., Round Rock, Texas (the "Title Company ") a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller EXHIBIT uAn may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and, the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03. Within thirty (30) days from the date hereof, Purchaser shall cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor to be chosen by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. In the event that Purchaser determines that the Property is not suitable pursuant to § 3.04, then Purchaser shall pay for the survey. In the event that this transaction closes, then Seller shall reimburse Purchaser for the cost of the survey, up to the amount of $2,500.00. New Surveys and Tests 3.04. Within forty-five (45) days after the date hereof (Feasibility Penod) Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to forty (45) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser, less $100.00 as consideration to Seller for the execution of this Contract. If the written notice is not received within this 45 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Purchaser's entry onto the Property is at Purchaser's sole nsk and Purchaser hereby releases and indemnifies Seller from and against all liability in connection therewith. All costs and expenses related to Purchaser's inspection of the Property will be paid for by Purchaser, and Purchaser agrees to indemnify and hold Seller harmless from and against all such costs and expenses. If either party hereto terminates this Contract under any right granted hereunder, Purchaser will repair any damages to the Property by reason of the exercise of Purchaser's rights hereunder. Subdivision Plat 3.05. Within ninety (90) days after the date hereof, Purchaser shall cause at Purchaser's sole cost, a revised or amended plat of Lot 1, Block "B ", Section Three, Legends Village to be filed and recorded that provides for a legal lot for the Property. Seller agrees to cooperate fully with the subdivision process and to do everything reasonably necessary to assist Purchaser in accomplishing the platting of the Property, including but not limited to the recording of fmal plats for Sections One and Three, Legends Village. If Purchaser is unable to obtain a fmal and recorded plat of the Property within said 90 day period, then Purchaser may terminate this Contract on written notice to Seller. If the Contract is terminated, the Escrow Deposit shall be returned to Purchaser by the Title Company. Miscellaneous Conditions 3.06. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before fifteen (15) days following the recording of the subdivision plat provided for in § 3.05 above, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). 2 4.01. At the closing Seller shall: Seller's Obligations (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (1) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (111) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard pnnted exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be bome and paid as follows: Owner's Title Policy paid by Seller; Survey paid in accordance with § 3.03; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. O:\ wdox \corr\gnl\fre #61p \00041560.DOC Closing Costs ARTICLE V REPRESENTATIONS OF SELLER Seller represents and warrants to Buyer, as of the closing date, as follows: (I) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; 3 10.01. (2) (3) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; and Seller is not aware of any material physical defects to the Property; ARTICLE VI REAL ESTATE COMMISSIONS The only broker who has been involved in the negotiation and consummation of this Contract is Summit Commercial Properties. - Conditioned on the closing of the sale contemplated by this Contract, a commission m the amount of six percent (6 %) percent of the total sales price will be payable, to Sunumt Commercial Properties. This commission is to be payable in cash at the closing. If this Contract is terminated for any reason before closing, there will be no commission due or payable under the Contract. All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent's commissions in connection with this Contract other than the Liability of Seller as set forth in this paragraph. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of Ten Thousand Dollars ($5,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract (a) This Contract may not be assigned without the express written consent of Seller. 4 Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. (h) Time of Essence Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (j) For tax purposes, Seller may desire to consummate the transaction by means of a "tax deferred" exchange involving a third party exchange intermediary. So long as such transaction can be accomplished at no additional cost to Purchaser, and so long as Purchaser pays no more than the Purchase Price provided for m this Contract, Purchaser agrees to consummate the transaction by means of such tax deferred exchange. O: \wdox \ con \gni\fire #61p \00041560.D OC Legal Construction Prior Agreements Superseded Exchange 5 Dated this day of January, 2003. SELLER: B. J. WILLIAMS PURCHASER: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 221 E. Main Street Round Rock, Texas 78664 6 RADIUS ARC CHORD CHORD DIRECTION 500.00 527.89 503.71 N 59 °40'33' W 700.00 247.75 246.46 N 16 °50'12' W 20.00 31.00 27.99 N 38 °06'31' E 295.00 35.79 35.77 N 86 °39'58" E 420.00. 443.47- 423.16 , S 59 °40'33' E • ,)t9'. / i aµ� / 4 / ' / / /5/ J4. e L2. =. r 83 95•51 • E C4 4. 1o1.zz' ----- MARVIN CRE55MAI VOL. 1755, PG. 329 O R.W.C. S 89 °54'16" E — 399.11'- - - - - -9 em C_R. 195 BLOCK "B" LOT I (7.71 ACRES) COMMERCIAL N 89 °54'16' W 320.70' 437.77' S 87 ° 13'11" W (8.0 W. VARIES/ UNIMPROVED) POINT OF BEGINNING - BLOCK "B" NE CNR P.A.:IOLDER SURVEY , A -297 BEARS APPRCXIMATELY: N 40 °37'E 5960' (BASED ON W. Co. TAX RECORDS) ° 60 J O • (80.00' R, 0 I, • V/ \ C(• t O pO \ O _ S�oG • tt zo•NrNi CS FNOS,f T0 Ci ry fi� ° T t , 4 � \ F S F � PGO PG . F J 462.36' S 89 ° 01'46" W FrIOMI ON. et al VLX. 2422, PG 420 O.RW.C. 0 QPM ,.,Ny{,� Six v x W y E Fire Station No. Si -ND RDQCTIXAS S DATE: January 17, 2003 SUBJECT: City Council Meeting January 23, 2003 ITEM: 10.E.5. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with B.J. Williams for the purchase of property for Fire Station No. 6. Resource: Larry Madsen, Construction Manager History: Approval for Fire station Number 6 was part of the 2002 GO Bond package. Money is now available for this project in issuance one of the bond money. The contract is in the amount of $408,375. This lot is to be purchased by the City to build Fire Station No. 6 Funding: Cost: $408,375 Source of funds: General Capital Construction Funds -2002 GO Outside Resources: BJ Williams Impact/Benefit: The construction of this fire station will provide fire protection for the fast growing eastern area around Old Settlers Park, I-Illghway 79, and Palm Valley. Public Comment: N/A Sponsor: N/A State of Texas County of Williamson 0: \wdox \corn \gnl \fire #61p\00041560.DOC REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between B. J. WILLIAMS, (referred to m this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set, forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for a tract of land situated in Williamson County, Texas, being more particularly described as follows: Between 2.0 and 2.5 acres out of a 7.71 acre tract of land known as Lot 1, Block "B", Section Three, Legends Village, Round Rock, Williamson County; said tract to be surveyed out of the northwest corner of said Lot I, as more particularly described in Exhibit A, attached hereto; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to m this Contract as the "Property"), for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations Preliminary Title Commitment ORIGINAL 2.01. The purchase price for the Property shall be the sum of Three Dollars and Seventy Five Cents ($3.75) per square foot, as determined by the survey provided for below. 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). 3.02. Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Commonwealth Title Company, 20 Chisholm Trail Rd., Round Rock, Texas (the "Title Company ") a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith retumed by the Title Company to Purchaser. Survey 3.03. Within thirty (30) days from the date hereof, Purchaser shall cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor to be chosen by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. In the event that Purchaser determines that the Property is not suitable pursuant to § 3.04, then Purchaser shall pay for the survey. In the event that this transaction closes, then Seller shall reimburse Purchaser for the cost of the survey, up to the amount of $2,500.00. New Surveys and Tests 3.04. Within forty-five (45) days after the date hereof (Feasibility Period) Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser m Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to forty-five (45) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser, less $100.00 as consideration to Seller for the execution of this Contract. If the written notice is not received within this 45 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Purchaser's entry onto the Property is at Purchaser's sole risk and Purchaser hereby releases and indemnifies Seller from and against all liability in connection therewith. All costs and expenses related to Purchaser's inspection of the Property will be paid for by Purchaser, and Purchaser agrees to indemnify and hold Seller harmless from and against all such costs and expenses. If either party hereto terminates this Contract under any right granted hereunder, Purchaser will repair any damages to the Property by reason of the exercise of Purchaser's rights hereunder. Subdivision Plat 3.05. Within ninety (90) days after the date hereof, Purchaser shall cause at Purchaser's sole cost, a revised or amended plat of Lot I, Block "B", Section Three, Legends Village to be filed and recorded that provides for a legal lot for the Property. Seller agrees to cooperate fully with the subdivision process and to do everything reasonably necessary to assist Purchaser in accomplishing the platting of the Property, including but not limited to the recording of final plats for Sections One and Three, Legends Village. If Purchaser is unable to obtain a fmal and recorded plat of the Property within said 90 day period, then Purchaser may terminate this Contract on written notice to Seller. If the Contract is terminated, the Escrow Deposit shall be returned to Purchaser by the Title Company. Miscellaneous Conditions 3.06. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before fifteen (15) days following the recording of the subdivision plat provided for in § 3.05 above, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). 2 Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (1) (1) O: \wdox \corn \gnl\fire #61p \00041560.DOC General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid in accordance with § 3.03; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER Seller represents and warrants to Buyer, as of the closing date, as follows: There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; 3 (2) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; and (3) Seller is not aware of any material physical defects to the Property; ARTICLE VI REAL ESTATE COMMISSIONS The only broker who has been involved in the negotiation and consummation of this Contract is Summit Commercial Properties. Conditioned on the closing of the sale contemplated by this Contract, a commission in the amount of six percent (6 %) percent of the total sales price will be payable, to Summit Commercial Properties. This commission is to be payable in cash at the closing. If this Contract is terminated for any reason before closing, there will be no commission due or payable under the Contract. All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. Each of the parties represents to the other that it has not incurred and will not incur any Liability for brokerage fees or agent's commissions in connection with this Contract other than the liability of Seller as set forth in this paragraph. For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of Ten Thousand Dollars ($5,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for m Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. 10.01. ARTICLE VII ESCROW DEPOSIT ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract (a) This Contract may not be assigned without the express written consent of Seller. 4 (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Exchange (j) For tax purposes, Seller may desire to consummate the transaction by means of a "tax deferred" exchange involving a third party exchange intermediary. So long as such transaction can be accomplished at no additional cost to Purchaser, and so long as Purchaser pays no more than the Purchase Price provided for in this Contract, Purchaser agrees to consummate the transaction by means of such tax deferred exchange. O: \wdox \ con \gnl \foe #61p \00041560.DOC Survival of Covenants Notice Texas Law to Apply Parties Bound Legal Construction Prior Agreements Superseded 5 Dated this 3) day of January, 2003. PURCHASER: rrerraxwe , Mayor . Main Street Round Rock, Texas 78664 6 RADIUS ARC CHORD CHORD DIRECTION 500.00 527.89 503.71 N 59 °40'33' W 700.00 247.75 246.46 N 16 °50'12' W 20.00 31.00 27.99 N 38 ° 06'31' E 295.00 35.79 35.77 N 86 ° 39'56" E r Ill An •• • + •• / °= IR C. CAC/ nrxx• r .1 14 59 ° 54'16" W 320.70' ' 6p %6 MH ' - ' ,, ,s 4 .,,,°2- 0 , /,, O/ as p S 89 °54'16" E le 0. e 4 N R3 °15'39" E C _ - - - R �' �M C N.. '4'" '( N. \ GO c. t/ CS cF�,y -80(0444,0-, TQ( ti SF r \ \ qC ) . " \ ".OQ J \ MARVIN CRE55MAN VOL. 1755, PG. 325 O.R.W.C. C.R. 195 / BLOCK 11 B" LOT I (7.71 ACRES) COMMERCIAL 437.77' S 8713'11" W (R.O.W. VARIES / UNIMPROVED) POINT OF BEGINNING - BLOCK "B" NE CNR P.A.:10LDER SURVEY , A -297 BEARS APPRCXIMATELY: N 40 °37'E 5960' (BASED ON Wm. Co. TAX RECORDS) 462.36' S 89 ° 01'46" W s.;%R.0:1 fr1QM15QN, ct al VOL. 2.122, PG 420 O.R.W.C. • 00 eo' \ ' S Me @)TY OF Rr