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R-82-474 - 8/26/1982RESOLUTION NO. '4f / /` WHEREAS, Old Settlers Association of Williamson County, Texas, as Lessor, has by instrument dated June 21, 1982, leased to McDonald's Corporation, as Lessee, a certain one acre tract of land out of the Jacob M. Harrell Survey, Abstract No. 284, Williamson County, Texas, the same being described by metes and bounds in the Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, said one acre tract described in Exhibit "A" is a part of a tract of land conveyed by Maggie J. Harrell and husband, T.M. Harrell, to Ed R. Anderson, president of the Old Settlers Association of Williamson County, Texas, which deed is recorded in Volume 258, Page 276, of the Deed Records of Williamson County, Texas; and WHEREAS, in said deed from Maggie J. Harrell et vir recorded in Volume 258, Page 276, of the Deed Records of Williamson County, Texas, there was created in the City of Round Rock, Texas, a reversionary interest in the property thereby conveyed; and WHEREAS, the reversionary interest created in the City of Round Rock raises some question as to the position of McDonald's Corporation with regard to the leased premises in the event said premises should revert to the City of Round Rock under its reversionary rights; and WHEREAS, the City of Round Rock has no desire to inter- fere with or impair such lease but rather has a desire to cooperate with Old Settlers Association of Williamson County, Texas, in carrying out their purposes, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the City of Round Rock, Texas, does hereby agree that should the tract, or any part thereof, conveyed by Maggie J. Harrell and husband, T.M. Harrell, to Ed R. Anderson, president of the Old Settlers Association of Williamson County, Texas, by deed recorded in Vol. 258, Page ATTEST: /runt) a/n aL JQ NNE LAND, City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON 276, of the Deed Records of Williamson County, Texas, ever revert to the City of Round Rock, Texas, and such reversion occur during the term of the above - described lease dated June 21, 1982, between Old Settlers Association of Williamson County, Texas, as Lessor and McDonald's Corporation as Lessee, that such reversion, as to the one acre tract described in Exhibit "A ", shall be expressly subject to, subordinate, and inferior to said lease and the rights of the Lessee thereunder and that in such event the City of Round Rock would occupy a position no greater than that of Lessor under said lease and, as Lessor, would honor the terms and provisions of such lease for its entire term so long as McDonald's Corporation continues to comply therewith. RESOLVED this / 7N day of / /6 i , 198 9 `s... L L. vigT, Ma City of Round Ro Texas BEFORE ME, the undersigned authority, on this day person- ally appeared Larry L. Tonn, Mayor of the City of Round Rock, a municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, in the capacity therein stated and as the act and deed of said municipality. Given under my hand and seal of office on this the p o day of r / , 19 8 ; Notary Public in and for :Williamson County, Texas BEING 1.00 ACRE OF LAND OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT N0.284, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED BY DEED FROM MAGGIE J. HARRELL AND HUSBAND T. M. HARRELL TO ED R. ANDERSON, PRESIDENT OF THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY,' TEXAS, RECORDED IN VOLUME 258, PAGE 276 OF THE DEED RECORDS OF SAID COUNTY AND STATE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING.at Point "A" being a metal fence post on the Southerly Right -Of -Way line of RM 620 at Texas Highway Department Engineer's Station 513+ 34.31 marking the Northwest corner hereof, said point also being the Northeast corner of "the C. R. Adolphson .tract of lend of record in Volume 179, Page 278 of the Deed Records of said County and State, said point being the beginning of a curve - concave to the North having a radius of 1949.86 feet; THENCE, along the Northerly boundary line hereof and said Right - Of -Way line the following three courses and distances: 1)- 92.36 feet along the arc of said curve, through a central angle of 02 42' 50 ", said curve's long chord bears S 72 17' 30" E, 92.35 feet to a Texas Highway Department Monument at PT 514+ 24.78; 2) S 73 39' 00" E, 2.69 feet to a point; 3) S 44 57' 36" E, at 8.56 feet past 'a Texas Highway Department Monument, feet to a Texas Highway Department Monument on the Westerly Right -Of -Way line of IH 35 marking the Northeast corner hereof; THENCE, leaving said Northerly line and continuing along the Easterly boundary line hereof and said Right -Of -Way line S 18 15' 00" E, 41.70 feet to an iron pin set. marking the South- east corner hereof; THENCE, leaving said Easterly line and said Right -Of -Way line and continuing along,the Southerly boundary line hereof N 83 51' 30" W, at 244.63 feet pass Point "B" being 'the'Southeast corner of a 25 foot wide access easement, at 269.63 feet pass a point for the Southwest corner of said easement, at 306.85 feet pass a point for the Southeast corner of a 7.50 foot wide Public Utility Easement, 313.55 feet to an iron pin set on the Easterly line of said Adolphson tract, marking the Southwest corner hereof and said Public Utility Easement; THENCE, leaving said Southerly line and continuing along the Westerly boundary line hereof and said Easterly line N 06 08' 30" E, 220.93 feet to the POINT OF BEGINNING containing 1.00 acre of land. - EXHIBIT "A"