Loading...
R-85-756 - 8/22/1985WHEREAS, the voters of the City of Round Rock, Texas, have approved a bond issue for the purchase of parkland; and WHEREAS, a subcommittee of the City Council has been searching for an appropriate site for a park for the City of Round Rock, Texas; and WHEREAS, Palm Valley Lutheran Church owns an undivided interest in a certain parcel of Real Property; and WHEREAS, the Old Settlers Association of Williamson County, Texas has an opportunity to sell a parcel of Real Property they presently own; and WHEREAS, the Old Settlers Association of Williamson County, Texas wishes to purchase a part of the Palm Valley Lutheran Church property jointly with the City of Round Rock, Texas; and WHEREAS, Palm Valley Lutheran Church has agreed to consider an offer by the Old Settlers Association of Williamson County, Texas and the City of Round Rock, Texas to purchase their undivided interest in a certain parcel of Real Property; and WHEREAS, it appears to be in the best interest of the City of Round Rock, Texas to contract for the purchase of Palm Valley Lutheran Church's undivided interest along with the Old Settlers Association of Williamson County, Texas, Therefore be it resolved that the Mayor of the City of Round Rock, Texas be and is hereby authorized to execute any and all documents necessary to contract for the purchase of the Palm Valley Lutheran Church's undivided interest in a certain parcel of Real Property and at the appropriate time, to execute any and all documents necessary to complete the purchase of Palm Valley Lutheran Church's undivided interest. RESOLVED this A of 19 ATTEST: NE LAND, City Secretary RESOLUTION NO. 47 MIKE ROBINSON, Mayor City of Round Rock, Texas Commitment No. GF No. or File No. GF 65122773 KG SCHEDULE A 1. Policy or Policies to be issued: AMOUNT TO BE DETERMINED (a) Form T -1: OWNER POLICY OF TITLE INSURANCE Proposed Insured: CITY OF ROUND ROCK (b) Form T -2: MORTGAGEE POLICY OF TITLE INSURANCE Proposed Insured: Proposed Borrower: (c) Form T -13: MORTGAGEE TITLE POLICY BINDER ON INTERIM $ CONSTRUCTION LOAN Proposed Insured: Proposed Borrower: (d) OTHER: Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein: (Fee Simple, IerElEld egs, etc., - identify or describe) RfFiLdgitiiiiLLreEitgatLlYTINYIsilat trge TEXAS, AN UNDIVIDED - 15.3707. INTEREST 4. The land referred to in this Commitment is described as follows: AN UNDIVIDED 15.3707. INTEREST IN AND TO: • TRACT I: BEING 425.540 ACRES, MORE OR LESS, SITUATED IN THE WILLIAM DONAHO SURVEY A -173, AND P. A. HOLDER SURVEY, A -297, IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. �. TRACT II: BEING 2.416 ACRES, MORE OR LESS, SITUATED IN THE P. A. Continued on next page 5852 Res 7 -1 -1980 Page 2 (50M 5.85) Effective Date of Commitment: January 03 $ 86 5 p 19 o'clock m STEWART TITLE GUARANTY COMPANY q c ad GO visun6L. U4:11ItAndU 1J QL got) 0,1wAdc-h- , tucom oviticiA) UA GC\ SS tc'u JD )tJUW UNUOR 4U YT1J dJ4.M18 nir4 U1UIt/iuAU HA ,4Axir ,HJUH tt.:uoi! IU HDAU...; 41AHL.UUUJ YiJJAY 11JAti 1a.115I:irsi xuvE.Cr :U! LIVIA HI Id.liI::4vIi . :u\t.c't L: _J1YLL1U Y1 'Jai HI UdIAUEI.: .4.L'I.I nU :Hun .u: UR2. - i i:iA%i A . Y.1VriUd ANJOU .A .4 UPA .Lit - A Y .Yii1. UtiAV:OU MA 1.1 !Iii ii1 p;Ui53J:•4U Y.1JU1 d5JUH U11JI UAA ,Y1AUUU t`Jce1A1JJ1J UNA - 11.ih1'i u;1UJA'IPA "A" fiHIAX3 NU Ni4Utit dA OU4UU£i UVA . •l(1H.1rt 12A4 A .:0A11 .A .4 'i:1L Al UTIAL1 id .4a 3.1 XU 3Hu:t ,c dHJA d14..1 i)H1dri :Lk 1JAHT yybq Jx nu beu113Jnu:1 203 -A -T (100M 2 -85) GF 85122773 KG Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule A PROPERTY CONT. HOLDER SUVEY, A -297, IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. Page STEWART TITLE GUARANTY COMPANY GF 851.22773 KG Policy Commitment No.: C • 5 8 0 4 - SCHEDULE B Schedule B of the policy or policies to be issued will also contain the following exclusions and exceptions: The policy will be subject to the Conditions and Stipulations thereof, the terms and conditions of the instrument creating the estate insured, if any, shown in Schedule A, and to the following matters which will be additional exceptions from the coverage of the policy: 1. The following restrictive covenants of record itemized below, but in any mortgagee policy of title insurance or mortgagee title policy binder on interim construction loan, the Company will guarantee that any such restrictive covenants have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage (Insert specific recording data or state "None of Record "): NONE OF RECORD 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3. Taxes for the year 19 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. 4. Usury or claims of usury (Mortgagee Policy or Mortgagee Title Policy Binder on Interim Construc- tion Loan only.) 5. Any right of rescission contained in any CONSUMER CREDIT PROTECTION or TRUTH -IN -LEND- ING laws. (Mortgagee Policy or Mortgagee Title Policy Binder on Interim Construction Loan only.) 6. No materials have been furnished or any labor performed in connection with the construction contemplated hereunder prior to the execution, acknowledgment, and delivery of the hen instru- ment described under SCHEDULE A hereof, if the land described under SCHEDULE A forms any part of the homestead of the owner. (May be deleted if satisfactory evidence is furnished before binder is issued.) (Mortgagee Title Policy Binder on Interim Construction Loan only.) 7. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): NONE 8. (INSERT HERE ALL OTHER SPECIFIC EXCEPTIONS AS TO SUPERIOR LIENS, EASEMENTS, OUTSTANDING MINERAL AND ROYALTY INTERESTS, ETC.) 9. Rights and claims of co— tenants in the land and minerals and to the rights of anyone claiming under them, including, but not limited to rights of partition, claims for improvement, claims for reimbursement, credit's claims, and agreements between co— tenants. 10. Easement dated August 29, 1925, from A. J. Palm to Lone Star Power Co., recorded in Volume 225, Page 31, Deed Records, Williamson County, Texas. 11. Easement dated October 14, 1936, from the Estate of J. A. Palm by L. M. Palm Administrator to Texas Power & Light Co., recorded in Volume 281, Page 464, Deed Records, Williamson County, Texas. 12. Easement dated July 16, 1946, from the Estate of A. J. Palm by L. M. Palm Administrator, to Texas Power & Light Co., recorded in Volume 337, Page 360, Deed Records, Williamson County, Texas. Continued on next page 5853 Rev. 1 -1.84 Page 3 (50M 5 -85) STEWART TITLE GUARANTY COMPANY GF 85122773 KG Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule B 13. Easement dated November 23, 1953, from the Estate of A. J. Palm by L. M. Palm Administrator, to Texas Power & Light Co., recorded in Volume 393, Page 248, Deed Records, Williamson County, Texas. 14. Easement dated October 20, 1927, from A. J. Palm and wife, to Texas Power & Light Co., recorded in Volume 234, Page 133, Deed Records, Williamson County, Texas. 15. Easement dated April 12, 1965, from Mary H. Palm et al to Brushy Creek Water Control and Improvement District No. 1, recorded in Volume 477, Page 280, Deed Records, Williamson County, Texas. 16. Easement dated November 6, 1975, from Mrs. Henry Stockman and Mary H. Palm to Southwestern Bell Telephone Co., recorded in Volume 621, Page 295, Deed Records, Williamson County, Texas. 17. The effect, if any, of the fence along the lower northwesterly interior corner lying outside the boundary line as shown on survey plat dated December 19, 1985, prepared by Steven D. Kallman, Registered Public Surveyor No. 3337. .18 Failure of the'2.426 acre tract to have access. 203 -A -T (100M 2 19. Rights of parties in possession. 20. Visible and apparent easements, if any. Page STEWART TITLE CIIARANTV C!OMPANV 5854 Rev. 7 -1 -1980 (50M 5 85) GF 85122773 KG Policy Commitment No.: C - 5 8 0 4- SCHEDULE C Schedule B of the policy to be issued will also contain exceptions with respect to the following matters supposed to affect title to the hereinabove described property unless the following matters are disposed of to the satisfaction of the Company at or prior to the date of the issuance of the policy: 1. Instrument(s) creating the estate or interest to be insured must be approved by the Company, executed and filed for record. 2. Satisfactory evidence that no person occupying the property or any portion thereof owns or claims any interest therein, either personally or by right of another, adverse to the present record owner as shown in Schedule A. 3. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 4. Payment of all taxes, charges and assessments levied or assessed against the subject estate or interest, which are currently due and payable. 5. Satisfactory evidence that all improvements and /or repairs and /or alterations thereto are completed and accepted by the owner and that all contractors, subcontractors, laborers and materialmen have been paid in full, and no mechanic's, laborer's or materialmen's liens have attached. 6. Any defect, lien, encumbrance or other matter affecting or supposed to affect title to the estate or interest to be insured which may be filed or which may arise subsequent to the effective date hereof. 7. If a mortgagee policy of title insurance is to be issued satisfactory evidence that restrictions and restrictive covenants, if any, have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage. 8. We must be furnished with a resolution passed by the congregation and the board of directors authorizing the sale and conveyance of the property to be insured. The resolution should state that the action is taken pursuant to notice given at a regular prior meeting of the church and should state who is authorized to execute the related instruments. 9. The policy to be issued will except from its coverage subsequent tax assessments for prior years due to a change in land usage or ownership. The parties to this transaction should agree on who will pay these taxes should they occur. 10. We understand that this property is to be exchanged for 10.969 acres in the JACOB M. HARRELL SURVEY, A -284, owned by The Old Settlers Association. We must be furnished with a copy of the owner's policy for the 10.969 acres. 11. According to the survey plat dated December 19, 1985, a portion of the lake lies outside the boundaries of the subject property, the purchaser must be made aware of this. Page 4 STEWVART TITLE GUARANTY COMPANY Polity CQmmmmmt No.. C -5804- ' - SCHEDULE D The information contained In this Schedule (0) does not affect title to or the lien upon the land descnbed in Schedule A hereof, to be insured in any policy(ies) of title insurance to be issued in accordance with this commitment. As to Stewart Title Guaranty Company, the Underwriter herein, the following disclosures are made: A - Shareholders owning, controlling or holding, either personally or beneficially, 10% or more of the shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation - 100% A - The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows. Carloss Morris, Stewart Morris, Stewart Morris, Jr., Malcolm Morris, Victor Gillett, Max Crisp, C.M. Hudspeth, Eugene Mohler, Wiley T. Alliston, Bert B. Corkill, and Glenn H. Clements. A - The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows President: Stewart Morris, Executive Vice President: Bert B. Corkill, Secretary. Sue M. Holz, Treasurer: Ken Anderson, Jr As to Undersigned Agent herein, the following disclosures are made: 13-1. If Agent is a corporation, the shareholders owning or controlling, directly or indirectly, 10% or more of the shares of Agent as of the last day of the year preceding the date hereinabove set forth are as follows: 8 -2. Individuals, firms, partnerships, associations, corporations, trusts or other entities owning 10% or more of those entities referred to in item no. B -1 hereinabove as of the last day of the year preceding the date hereinabove set forth are as follows: B -3 If Undersigned Agent is a corporation, the following is a list of the members of the Board of Directors, as of the last day of the year preceding the date hereinabove set forth. BARBARA A. HAYS 5855 Rev 1 -1 -86 L,LAUllt A. HAYS, dl. • • Amount 8 -4. If Undersigned Agent Is a corporation, the following is a list of its officers as of the last day of the year preceding the date hereinabove set forth. President: CLAUDE A. IIAYS, JR. Secretary Executive Vice President Treasurer: DAVID S. HAYS B -5. If Undersigned Agent is other than a Corporation, each owner or partner having or controlling 10% or more of the ownership of such undersigned, unincorporated title insurance agent as of the last day of the year preceding the date hereinabove set forth: C -1. 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: Owner Policy $ TO BE DFTERMTNF)) Mortgagee Policy $ Endorsement Charges $ Total $ TO BE DETERMINED Of this total amount, $ or 15 % (complete one only) will be paid to Stewart Title Guaranty Company; $ or U F % (complete one only) will be retained by Undersigned issuing agent; and any remainder of the estimated' premium will be paid to other parties as follows: Paid to Service $ or 110 % (complete only one) CV TTMIa UHTTT "-t -r L) INC $ or % (complete only one) $ or % (complete only one) 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. STEWART TITLE GUARANTY COM!ANY Po8cy Cymmnmam No C.5a0 . ' The information contained in this Schedule (D) does not affect title to or the lien upon the land described in Schedule A hereof, to be insured in any policy(ies) of title insurance to be issued In accordance with this commitment. As to Stewart Title Guaranty Company, the Underwriter herein, the following disclosures are made: A -1. Shareholders owning, controlling or holding, either personally or beneficially, 10% or more of the shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation - 100% A - The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Carloss Morris, Stewart Morris, Stewart Morris, Jr., Malcolm Morris, Victor Gillett, Max Crisp, C.M. Hudspeth, Eugene Mohler, Wiley T. Alliston, Bert B. Corkill, and Glenn H. Clements. A -3. The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: President: Stewart Morris, Executive Vice President Bort B. Corkill, Secretary: Sue M. Nolz, Treasurer: Ken Anderson, Jr. As to Undersigned Agent herein, the following disclosures are made: B -1. If Agent is a corporation, the shareholders owning or controlling, directly or indirectly, 10% or more of the shares of Agent as of the last day of the year preceding the date hereinabove set forth are as follows: - LLAUUt A. HAYS, JR. 8 - 2. Individuals, firms, partnerships, associations, corporations, trusts or other entities owning 10% or more 01 those entities referred 10 in item no. B -1 hereinabove as of the last day of the year preceding the date hereinabove set forth are as follows: 0 If Undersigned Agent is a corporation, the following is a list of the members of the Board of Directors, as of the last day of the year preceding the date hereinabove set forth. 5865 Rev 1 -1 -86 • SCHEDULE D 8 - II Undersigned Agent is a corporation, the following Is a list of its officers as of the last day of the year preceding the date hereinabove set forth. President: CLA[IDL JR . Secretary Executive Vice President: Treasurer: B -5. If Undersigned Agent is other than a Corporation, each owner or partner having or controlling 10% or more of the ownership of such undersigned, unincorporated title insurance agent as of the last day of the year preceding the date hereinabove set forth: C -1. 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: Owner Policy $ TO BE DETERMINED Mortgagee Policy $ Endorsement Charges $ Total $ TO BE DETERMINED Of this total amount, $ or 15 % (complete one only) will be paid to Stewart Title Guaranty Company; $ or lI . % (complete one only) will be retained by Undersigned issuing agent: and any remainder of the estimated" premium will be paid to other parties as follows' Amount Paid to Service $ or e'O % (complete only one) CYNTHIA WHITLOW CL0GING $ or % (complete only one) $ or % (complete only one) '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. STEWART TITLE GUARANTY COMPANY Chairman of the Board Countersigned: By 'Authorized Signature COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Sanaa, of Gnvxv STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called "the Company," hereby commits to issue its policy or policies of title insurance as identified in Schedule A, in the form now promulgated by the State Board of Insurance, in favor of the proposed insured(s) named in Schedule A, as owner or mortgagee of the estate or interest described in Schedule A in the land des- cribed in Schedule A, upon payment of the premium and charges therefor, all subject to the provisions of Schedules A, B and C and to the Conditions and Stipulations hereof.' This commitment shall be effective only when the identity of the proposed insured(s) and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. This commitment is solely preliminary to the issuance of such policy or policies of title insurance and the liability and obligation of the Company_to_the- proposed insured shall be limited to the express terms of this commitment. All liability and obligations hereunder shall cease and terminate ninety (90) days after the effective date hereof, or when the the policy committed for shall issue, whichever occurs first, provided that the failure to issue such policy is not the fault of the Company. In witness whereof, the Company has caused this commitment to be signed and sealed 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. GEORGETOWN TIT COMPANY, INC. SRS Rat/ 3-1-RS CONDITIONS AND STIPULATIONS 1. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this commitment accordingly, but such amend- ment shall not relieve the Company from liability previously incurred pursuant to Paragraph 2 of these Conditions and Stipulations. 2. Liability of the Company under this commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule C, or (c) to acquire or create the estate or interest or mortgage thereon covered by this commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this commit- ment except as expressly modified herein. 3. Any action or actions or rights of action that the proposed Insured may have or may bring arising out of the status of the title to the estate or interest or the status of title to the estate or interest or the status of the mortgage thereon covered by this commitment must be based on and are subject to the provisions of this commitment. 4. THE POLICY TO BE ISSUED PURSUANT TO THIS COMMITMENT DOES NOT GUAR- ANTEE THAT THE INSURED PROPERTY HAS ADEQUATE TITLE TO ALLOW IT TO BE USED, SOLD, TRANSFERRED, LEASED OR MORTGAGED FOR ANY PURPOSE INTEND- ED BY THE PURCHASER NOR WILL IT PROVIDE COVERAGE FOR POSSIBLE LOSS OF OPPORTUNITY OR ECONOMIC EXPECTATION. IN THE EVENT OF A PARTIAL FAIL- URE OF TITLE, WHICH MAY SUBSTANTIALLY AFFECT THE USE OR MARKETABILITY OF THE PROPERTY, THE COMPANY MAY BE REQUIRED TO PAY ONLY THE PRO -RATA PART OF THE AMOUNT OF THE POLICY TO BE ISSUED WHICH THE TITLE DEFECT BEARS TO THE ENTIRE INSURED PROPERTY. STEWART TITLE GUARANTY COMPANY n .EXHIBIT TRACT I ( 425.540 ACRES) BEGINNING at an iron pin set in the south right -of -way line of County Road No. 113, being the northwest coiner of that certain 47.72 acre remainder of that certain 50 acre tract conveyed to Mrs. Hedwig Nelson, Executrix, by deed recorded in Volume 102, Page 369 of said Deed Records, also being the northeast corner of said 143 acre tract, .for the most northerly northeast corner and POINT OF BEGINNING of the hereinafter described 425.540 acre tract; THENCE departing said south right -of -way line, along the west line of said 47.72 acre tract, being the east line of said 143 acre tract, for an east line hereof. S00 °10'00 "W, 2304.86 feet to an iron pin found under a fence, being in a south line of said Donaho Survey. also being the north line of the Joseph Marshall Survey, Abstract No. 409, also being in the north line of that certain 72.5 acre tract conveyed to Round Rock Investment Properties, Inc., by deed recorded in Volume 561, Page 561 of said Deed Records, for the most easterly southeast corner hereof; THENCE along the division line between said Donaho and Marshall Surveys. being the north line of said 72.5 acre tract. as fenced. for an interior south line hereof, 588 °59'05 "W. 869.23 feet to an iron pin found under said fence, being the northwest corner of'said 72.5 acre tract, also being the northeast corner of that certain 151 acre tract conveyed to William H. Bright by deed recorded in Volume 387, Page 550 of said Deed Records, for an angle point hereof; THENCE continuing along said Survey division line, being the north line of said 151 acre tract, as fenced. for an interior south line hereof, N89 °15'52 "W, 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, being the southwest corner of said 143 acre tract, also being the northwest corner of said Marshall Survey and an interior corner of said Donaho Survey, for an interior corner hereof; THENCE along the west line of said 151 acre tract, being a division line between said Donaho and said Marshall Surveys. as fenced, for an interior east line hereof. the following two (2) courses: 1.) S07 °07'50 "E, 1272.40 feet to an iron pin found on the top of a flood control dam. for an angle point hereof; EXHIBIT "A' Field Notes of 427.956 acres (TRACT I - continued) 2.) S14 °12'06 "E, 346.76 feet to a railroad spike found at the southeast corner of said 151 acre tract, being the northeast corner of said 112 acre tract, also being the most southerly southeast corner of said Donaho Survey and an angle point in the west line of said Marshall Survey, also being the northeast corner of the P.A. holder Survey. Abstract No. 297, for an angle point hereof; THENCE continuing along the west line of said 151 acre tract, being a division line between said Marshall and said holder Surveys. as fenced, for an interior east line hereof, the following two (2) courses: 1.) S00 °16'29 "W. 472.98 feet to an iron pin found for an angle point hereof; 2.) 500 °50'22 "E. 488.13 feet to a point in the centerline of Chandler Branch, being the southeast corner of said 112 acre tract. for an interior southeast corner hereof; THENCE along the centerline of said Chandler Branch, with its meanders, being the south line of said 112 acres. the following fifteen (15) courses: 1.) S89 ° 54'39 "4. 72.80 feet to an angle point hereof; 2.) S58 °55'39 "W, 75.88 feet to an angle point hereof; 3.) S81 °16'39 "W, 179.65 feet to an iron pin found for an angle point hereof; 4.) S53 °27'16 "W, 206.39 feet to an angle point hereof; 5.) 522 °32'38 "E. 100.00 feet to an angle point hereof; 6.) S21 °28'22 "W. 249.19 feet to an angle point hereof; 7.)" S44 °17'22 "W. 500.14 feet to an angle point hereof; 8.) S11 °29'22 "W, 215.99 feet to an angle point hereof; 9.) S36 °40 "W, 180.91 feet to an angle point hereof; 10.) S70 °26'22 "W, 274.40 feet to an angle point hereof; 11.) 579 °16'22 "W, 285.33 feet to an angle point hereof; 12.) N52 °54'38 "W, 249.37 feet to an iron pin found for an angle point hereof; 13.) N86 °04'10 "W. 137.38 feet to an angle point hereof; 14.) N59 °00'09 "W, 439.40 feet to an angle point hereof; 15.) N89 °50'09 "W, 241.90 feet to a point in said centerline, being the northeast corner of said 28.2 acre Lot 15, for an interior corner hereof; THENCE departing said centerline. along the east line of said Lot 15. for an east line hereof, the following four (4) courses: 1.) S08 °30'51 "W. 215.35 feet to a nail found in an oak tree at the end of a fence, for an angle point hereof; 2.) along said fence, S00 °26'00 "W, 965.75 feet to an iron pin found at a fence corner post, for an angle point point hereof; 3.) along said fence, N88 °41'00 "W, 16.49 feet to an iron pin found at a fence corner post, for an angle point point hereof; 3.) along said fence, S01 °03'18 "W, 794.81 feet to an iron pin found at a fence corner post in the north right -of -way line of U.S Highway No. 79, a one - hundred (100) foot wide right -of -way, for the most southerly southeast corner hereof; THENCE along said north right - - way line. as fenced. for the most southerly line hereof, S66 °12'53 "W, 1097.78 feet to an iron pin found at the southeast corner of the remainder of that certain 46.838 acre tract conveyed to James M. Foley, et us, by deed recorded in Volume 603, Page 174 of said Deed Records, for the most southerly southwest corner hereof; THENCE along the east line of said 46.838 acre tract, for a west line hereof, the following two (2) courses: 1.) along said fence, N00 °18'26 "E, 877.32 feet to an iron pin set for an angle point hereof; 2.) NO2 °16'36 "W, 106.50 feet to a point in the centerline of said Chandler Branch, for an angle point hereof; • THENCE continuing along the west line hereof, along' the centerline of said Chandler Branch, with its meanders, the following eight (8) courses: 1.) N68 °19'25 "E, 195.00 feet to an angle point hereof; 2.) 1126 °24'25 "E, 154.50 feet to an angle point hereof; 3.) N15 °29'25 "E, 204.50 feet to an angle point hereof; tXHIBIT "A" Field Notes of 427.956 acres,(TRACT I - continued) 4.) 1702 °12'25 "E. 87.30 feet to an angle point hereof; 5.) N22°21'25 "E, 141.01'feet to an angle point hereof; 6.) N17 °35'55 "E, 150.80 feet to an angle point hereof; 7.) 1108 °09'35 "W, 258.90 feet to an angle point hereof; 8.) N77 °49'25 "E, 98.60 feet to an angle point hereof; THENCE continuing along the west line hereof, the following four (4) courses: 1.) 1702 °33'25 "E, 186.40 feet to an iron pin net under a fence, for an angle point hereof; 2.) along said fence, NO1 °03'25 "E, 102.10 feet to an iron pin found under a fence, being the southeast corner of that certain 4.903 acre tract conveyed to Dr. Marvin Creasman by deed recorded in Volume 657, Page 249 of,said Deed Records. for an angle point hereof; 3.) along said fence, N01 °07'57 "E. 348.91 feet to an iron pin found under a fence, for an angle point hereof; 4.) along said fence, N01 °53'05 "E; 1718.15 feet to an iron pin found at a'fence corner post, being in the division line between said Donaho and said Holder Surveys, also being 'the northeast corner of that certain 37.00 acre tract conveyed to Marvin R. Creasman, et us, by deed recorded in Volume 603, Page 191 of said Deed Records, also being the southeast corner of that certain 107.3 acre tract conveyed to Stark Roofing and Sheet Metal Company by deed recorded in. Volume 535, Page 160 of said Decd Records, also being the southwest corner of the remainder of that certain 218.37 acre tract conveyed to Thomas R. Joseph by deed recorded in Volume 514, Page 193 of said Deed Records, for the most westerly northwest corner hereof; THENCE along the south line of said 218.37 acre tract, being the division line between said Donaho and said Holder Surveys, as fenced, for an interior north line hereof, S89°11'27"E. 1603.30 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; THENCE along the east line of said 218.37 acre tract, as fenced, for a west line hereof, the following four (4) courses: 1.) N00 °11'42 "E, 3354.76 feet to a nail found in a 14" hackberry tree, for an angle point hereof; 2.) N06 °30'00 "E, 58.57 feet to a nail found set in concrete at a fence corner post. for an interior corner hereof; 3.) N89°04'46"E. 357.51 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; 4.) N01 °24'00 "E, 524.08 feet to an iron pin set at a fence corner post in said south right-of -way line of said County Road No. 113, being the northwest corner of said 157 acre tract, for the most northerly northwest corner hereof; THENCE along said south right of way line. for the north line hereof, the following four (4) courses: 1.) S72 °06'00 "E, 115.23 feet to an iron pin found at a fence corner post, for an angle point hereof; 2.) 584 °02'27 "E, 115.27 feet to an iron pin found at a fence corner post, for an angle point hereof; 3.) N89 ° 57'25 "E. 744.72 feet to an iron pin found for an angle point hereof; 4.) 1189 °58'14 "E, 2591.16 feet to the.POINT OF BEGINNING of the herein described TRACT I, containing 425.540 acres of land. EXHIBil ..�, TRACT II (2.416 ACRES) JM :0111NTNG at an iron pin found in the south right -of -way line of the Missouri Pacific Railroad, a one - hundred (100) foot wide right -of -way, which bears S00 °19'58'91, 219.14 feet from the most southerly southeast corner of the above - described 425.540 acre TRACT I, for the northeast corner and POINT OF EEG10NING of the hereinafter described 2.416 acre TRACT II: '1NENCE along the east line hereof, 500 °20'12 "W. 307.37 feet to an iron pin set tot the southeast corner hereof; THENCE along the south line hereof. N89 °36'07 "W. 684.80 feet to an iron pin set in said south railroad right -of -way line, for the most westerly corner hereof; TIENCE along said south right - of - way line, for the north line hereof, 1166°12'53 "E, 750.32 feet to the POINT OF BEGINNING of •the herein described TRACT II, containing 2.416 acres of land. IN ALL, said TRACT I and said TRACT II, as described herein. containing an aggregate total of 427.956 acres of land. COMMITMENT FOR TITLE INSURANCE Sanctity of Contract Issued by •, STEWART TITLE GUARANTY COMPANY LAW OFFICES OF JOE 6. MCMASTER, P.0 JOE 6 McMASTER E NORTON BAIN CYNTHIA WHITLOW JOHN 6 McMASTER Mr. Don Wolf City of Round Rock 214 East Main Round Rock, Texas 78664 4 .„, 1,,,,,,a4- Pam Bennett Secretary to Cynthia Whitlow /pb enclosures McMASTER & BAIN ATTORNEYS AT LAW 114 WEST EIGHTH STREET, POST OFFICE SOX 627 GEORGETOWN, TEXAS 78626 May 19, 1986 Re: Palm Valley Lutheran Church Transaction Dear Mr. Wolf: Enclosed for your information are the following: AREA CODE 512 TELEPHONE 863-0531 255 -3709 RECEIVED MAY 2 3 19€6 1) Recorded Warranty Deed from Palm Valley Lutheran Church of Round Rock, Texas to The City of Round Rock, Texas, and 2) Owner's Title Policy issued to the City of Round Rock. Should you have any questions, please advise. Very truly yours, T -1 Owner Policy —Foim Prescribed by State " -d of Insurance of Texas— Revised 3 -1 -1985 v 01 10 ' Wt - 1F Iri il' i�. (4 0 • STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep- tions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy ", of the Conditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of -the estate or interest in the land, then the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is re- lieved from all liability with respect to any such interest, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with pro- cess therein, nor have any knowledge thereof, not in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured shall for a period of twenty -five years from the date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss, he, they or it may sustain on account of any warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy. IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its Chairman and President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. STEWART TITLE GUARANTY COMPANY � - - `7 Chairman of the Board tea: .*. ?� President Countersigned• Georgetr . l' ompany, Inc. 1998 ! 0. 5801- 400414 A Number 581 (Rev. 3 -1 -85) 1. Definitions The following terms when used in this policy mean: (a) "land ": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law constitute real property. (b) "public records ": Those records which impart constructive notice of matters relating to the land. (c) "knowledge ": Actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records. (d) " date ": The effective date, including hour if specified. (e) "insured ": The Insured named in Schedule A and, subject to any rights or defenses the Company may have had against the named Insured or any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase, any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase including but not limited to the following: (i) heirs, devisees, distributees, executors and administrators; (11) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of such corporation upon partial or complete liquidation; Mil the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; (iv) the successors in interest to a general or limited partner- ship resulting from the distribution of the assets of such general or limited partnership upon partial or complete liquidation; (v) the successors in interest to a joint venture resulting from the distribution of the assets of such joint venture upon partial or complete liquidation; (vi) the successor or substitute trustee of a trustee named in a written trust instrument; or (vii) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of such trust to the beneficiaries thereof. 2. Exclusions from the Coverage of this Policy THE POLICY DOES NOT INSURE AGAINST LOSS OR DAM- AGE BY REASON OF THE FOLLOWING: (a) LACK OF ADEQUATE TITLE IN THE INSURED PROP- ERTY TO ALLOW IT TO BE USED, SOLD, TRANSFERRED, LEASED OR MORTGAGED FOR ANY PURPOSE INTENDED BY THE INSURED NOR LOSS OF OPPORTUNITY OR ECONOMIC EXPECTATION. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled -in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegation or their right of access thereto, or right of easement along and across the same. (d) Defects, liens, encumbrances, adverse claims, or other matters (1) created, suffered, assumed or agreed to by the Insured; (2) not known to the Company and not shown by the public records but known to the Insured either at the date of this policy or at the date the Insured acquired an estate or interest insured by this policy and not disclosed in writing by the Insured to the Company prior to the date such Insured became an Insured hereunder; (3) resulting in no loss or damage to the Insured; (4) attaching or created subsequent to the date of this policy; (5) resulting in loss or damage which would not have been sustained if the Insured had paid value for the estate or interest insured by this policy; or (6) the homestead or community property or survivorship rights, if any, of any spouse of any Insured. GENERAL CONDITIONS AND STIPULATIONS 3: 17efense and Prosecution of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or proceeding, and such counsel shall have complete control of said defense. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of the policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. When, after the date of the policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy which is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate such charge to deter- mine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the 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 other- wise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (1) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (2) indemnify the Insured as provided in this policy; 13) upon payment of appropriate premium and charges therefor, issue to the current Insured 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 for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan; (4) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (5) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (6) undertake a combination of 1. through 5. herein. (d) 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 such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (el Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 1f) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con- strued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this policy. 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the T -1 Owner Policy Schedules —Form Prescribed by Slate Board of Insurance of Texas — Revised 3 -1 -1963 Amount $1 . 1 83 , 996 .96 SCHEDULE A GFNO. GF 85122773 K5 Owner Policy No. 0 -5801- 40041 4 A NAME OF INSURED: CITY OF ROUND ROCK Date of Pollcy"ranuary 1 7, 1 986 1. The estate or interest ih the and insured by this policy is (Fee Simple, Leasehold, Easement, etc. — Identify or Describe) FEE SIMPLE 2. The land referred to in this policy is described as follows: AN UNDIVIDED 15.370% INTEREST IN AND T0: TRACT I: BEING 425.540 ACRES, MORE OR LESS, SITUATED IN THE WILLIAM DONAHO SURVEY A -173, AND P. A. HOLDER SURVEY, A -297, IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TRACT II: BEING 2.416 ACRES, MORE OR LESS, SITUATED IN THE P. A. HOLDER SURVEY, A -297, IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements, insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this Policy. 1 The following restrictive covenants of record itemized below (insert specific recording data or state "None of Record ") NONE OF RECORD 2 Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3 Taxes for the year 19 85 and subsequent years, and subsequent assessments for prior years due to change Fold in land usage or ownership. ' 4. The following liens) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s) NONE Rights and claims of co- tenants in the land and minerals and 5. to the rights of anyone claiming under them, including, but not limited to rights of partition, claims for improvement, claims for reimbursement, credit's claims, and agreements Continued on next page Countersigned: BY �ha Author, etl ter mere 5812/3 (25M 10.85) SCHEDULE B GEORGETOWN TITLE COMPANY, INC. STEWART TITLE GUARANTY COMPANY Fold Continuation Form 203 -A -T GF 85122773 K5 Attached to and made a part of Stewart Title Guaranty Company Policy No. 0-5801-40041 A Continuation of Schedule g between co- tenants. 6. Easement dated August 29, 1925, from A. J. Palm to Lone Star Power Co., recorded in Volume 225, Page 31, Deed Records, Williamson County, Texas. 7. Easement dated October 14, 1936, from the Estate of J. A. Palm by L. M. Palm, Administrator, to Texas Power & Light Co., recorded in Volume 281, Page 464, Deed Records, Williamson County, Texas. 8. Easement dated July 16, 1946, from the Estate of A. J. Palm by L. M. Palm, Administrator, to Texas Power & Light Co., recorded in Volume 337, Page 360, Deed Records, Williamson County, Texas. 9. Easement dated November 23, 1953, from the Estate of A. J. Palm by L. M. Palm, Administrator, to Texas Power & Light Co., recorded in Volume 393, Page 248, Deed Records, Williamson County, Texas. 10. Easement dated October 20, 1927, from A. J. Palm and wife, to Texas Power & Light Co., recorded in Volume 234, Page 133, Deed Records, Williamson County, Texas. 11. Easement dated April 12, 1965, from Mary H. Palm et al to Brushy Creek Water Control and Improvement District No. 1, recorded in Volume 477, Page 280, Deed Records, Williamson County, Texas. 12. Easement dated November 6, 1975, from Mrs. Henry Stockman and Mary H. Palm to Southwestern Bell Telephone Co., recorded in Volume 621, Page 295, Deed Records, Williamson County, Texas. 13. The effect, if any, of the fence along the lower northwesterly interior corner lying outside the boundary line as shown on survey plat dated December 19, 1985, prepared by Steven D. Kallman, Registered Public Surveyor No. 3337. 14. Failure of the 2.416 acre tract to have access. 15. Rights of parties in possession. 16. Visible and apparent easements, if any. 150M 3-85) Page STEWART TRACT I ( 425.540 ACRES) .EXHIBIT BEGINNING at an iron pin set in the south right —of —way line of County Road No. 113, being the northwest coiner of that certain 47.72 acre remainder of that certain 50 acre tract conveyed to Hrs. 'Hedwig Nelson, Executrix, by deed recorded in Volume 102, Page 369 of said Deed Records, also being the northeast corner of said 143 acre tract, for the most northerly northeast corner and POINT OF BEGINNING of the hereinafter described 425.540 acre tract; THENCE departing said south right —of —way line, along the west line of said 47.72 acre tract. being the east line of said 143 acre tract, for an east line hereof, S00 °10'00 "W, 2304.86 feet to an iron pin found under a fence. being in a south line of said Donaho Survey, also being the north line of the Joseph Marshall Survey, Abstract No. 409, also being in the north line of that certain 72.5 acre tract conveyed to Round Rock Investment Properties, Inc., by deed recorded in Volume 561, Page 561 of said Deed Records, for the most easterly southeast corner hereof; THENCE along the division line between said Donaho and Marshall Surveys, being the north line of said 72.5 acre tract, as fenced, for an interior south line hereof, S88 °59'05"W, 869.23 feet to an iron pin found under said fence, being the northwest corner of 72.5 acre tract. also being the northeast corner of that certain 151 acre tract conveyed to William H. Bright by deed recorded in Volume 387, Page 550 of said Deed Records, for an angle point hereof; THENCE continuing along said Survey division line, being the north line of said 151 acre tract, as fenced, for an interior south line hereof, N89 °15'52 "W, 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, being the southwest corner of said 143 acre tract, also being the northwest corner of said Marshall Survey and an interior corner of said Donaho Survey, for an interior corner hereof; THENCE along the west line of said 151 acre' tract, being a division line between said Donaho and said Marshall Surveys, as fenced, for an interior east line hereof. the following two (2) courses: 1.) S07 °07'50 "E, 1272.40 feet to an iron pin found on the top of a flood control dam, for an angle point hereof; EXHIBIT Field Notes of 427.956 acres (TRACT I - continued) 2.) S14 °12'06 "E. 346.76 feet to a railroad spike found at the southeast corner of said 151 acre tract, being the northeast corner of said 112 acre tract, also being the most southerly southeast corner of said Donaho Survey and an angle point in the west line of said Marshall Survey. also being the northeast corner of the P.A. holder Survey, Abstract No. 297, for an angle point hereof; THENCE continuing along the west line of said 151 acre tract. being a division line between said Marshall and said Holder Surveys, as fenced. for an interior east line hereof, the following two (2) courses: 1.) 500 °16'29 "W. 472.98 feet to an iron pin found for an angle point hereof; 2.) 500 °50'22 "E. 488.13 feet to a point in the centerline of Chandler Branch. being the southeast corner of said 112 acre tract, for an interior southeast corner hereof; THENCE along the centerline of said Chandler Branch, with its meanders, being the south line of said 112 acres, the following fifteen (15) courses: 1.) 589 °54'39 "W, 72.80 feet to an angle point hereof; 2.) 558 °55'39 "W, 75.88 feet to an angle point hereof; 3.) S81 °16'39 "W, 179.65 feet to an iron pin found for an angle point hereof; 4.) S53 °27'16 "W, 206.39 feet to an angle point hereof; 5.) S22 °32'38 "E, 100.00 feet to an angle point hereof: 6.) S21 °28'22 "W, 249.19 feet to an angle point hereof; 7.)" 544 °17'22 "W, 500.14 feet to 8.) S11 °29'22 "W, 215.99 feet to 9.) 536 °40'22 "W, 180.91 feet to 10.) S70 °26'22 "W, 274.40 feet to 11.) S79 °16'22 "W, 285.33 feet to 12.) N52 °54'38 "W, 249.37 feet to 13.) N86 °04'10 "W, 137.38 feet to 14.) 1759 °00'09 "W, 439.40 feet to 15.) 1789 °50'09 "W, 241.90 feet angle point hereof; angle point hereof; angle point hereof; angle point hereof; angle point hereof; iron pin found for an angle point hereof; angle point hereof; angle point hereof; a point in said centerline, being the northeast corner of said 28.2 acre Lot 15, for an interior corner hereof; an an an an an an an an to THENCE departing said centerline, along the east line of said Lot 15. for an east line hereof, the following four (4) courses: 1.) S08 °30'51 "W, 215.35 feet to a nail found in an oak tree at the end of a fence, for an angle point hereof; 2.) along said fence. S00 °26'00 "W. 965.75 feet to an iron pin found at a fence corner post, for an angle point point hereof; 3.) along said fence, N88 °41'00 "W, 16.49 feet to an iron pin found at a fence corner post, for an angle point point hereof; 3.) along said fence, S01 °03'18 "W, 794.81 feet to an iron pin found at a fence corner post in the north right -of -way line of U.S Highway No. 79, a one - hundred (100) foot wide right -of -way, for the most southerly southeast corner hereof; THENCE along said north right -of -way line, as fenced, for the most southerly line hereof, S66 °12'53 "W. 1097.78 feet to an iron pin found at the southeast corner of the remainder of that certain 46.838 acre tract conveyed to James M. Foley. .et ua, by deed recorded in Volume 603. Page 174 of said Deed Records, for the most southerly southwest corner hereof; THENCE along the ea of said 46.838 acre tract, for a west line hereof. the following two (2) courses: 1.) along said fence, N00 °18'26 "E, 877.32 feet to an iron pin set for an angle point hereof; 2.) 1702 °16'36 "W, 106.50 feet to a point in the centerline of said Chandler Branch, for an angle point hereof; THENCE continuing along the west line hereof, along the centerline of said Chandler Branch, with its meanders, the following eight (8) courses: 1.) N68 °19'25 "E. 195.00 feet to an angle point hereof; 2.) 1126 °24'25 "E, 154.50 feet to an angle point hereof; 3.) 1115 °29'25 "E, 204.50 feet to an angle point hereof; $XHIBI� "111 Field Notes of 427.956 acres,(TRACT I - continued) 4.) 1102 °12'25 "E, 87.30 feet to an angle point hereof; 5.) 1722 °21'25 "E, 141.01•feet to an angle point hereof; 6.) N17 °35'55 "E, 150.80 feet to an angle point hereof; 7.) N08 °09'35 "14 258.90 feet to an angle point hereof; 8.) N77 °49'25 "E, 98.60 feet to an angle point hereof; THENCE continuing along the west line hereof, the following four (4) courses: 1.) NO2 °33'25 "E, 186.40 feet to an iron pin set under a fence. for an angle point hereof; 2.) along said fence, N01 °03'25 "E, 102.10 feet to an iron pin found under a fence, being the southeast corner of that certain - 4.903 acre tract conveyed to Dr. Marvin Cressman by deed recorded in Volume 657. Page 249 of said Deed Records, for an angle point hereof; 3.) along said fence, N01 °07'57 "E, 348.91 feet to an iron pin found under a fence, for an angle point hereof; 4.) along said fence, N01 °53'05 "E; 1718.15 feet to an iron pin found at a corner post, being in the division line between said Donaho and said Holder Surveys, also being ' the northeast corner of that certain 37.00 acre tract conveyed to Marvin R. Cressman, et ux. by deed recorded in Volume 603, Page 191 of said Deed Records, also being the southeast corner of that certain 107.3 acre tract conveyed to Stark Roofing and Sheet Metal Company by deed recorded in Volume 535, Page 160 of said Decd Records, also being the southwest corner of the remainder of that certain 218.37 acre tract conveyed to Thomas R. Joseph by deed recorded in Volume 514, Page 193 of said Deed Records, for the most westerly northwest corner hereof; THENCE along the south line of said 218.37 acre tract, being the division line between said Donaho and said Holder Surveys, as fenced, for an interior north line hereof, S89 °11'27 "E, 1603.30 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; THENCE along the east line of said 218.37 acre tract, as fenced, for a west line hereof, the following four (4) courses: 1.) N00 ° 11'42 "E, 3354.76 feet to a nail found in a 14" hackberry tree, for an angle point hereof; 2.) N06 °30'00 "E, 58.57 feet to a nail found set in concrete at a fence corner post. for an interior corner hereof; 3.) N89 °04'46 "E, 357.51 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; 4.) N01 °24'00 "E, 524.08 feet to an iron pin set at a fence corner post in said south right - of - way line of said County Road No. 113. being the northwest corner of said 157 acre tract, for the most northerly northwest corner hereof; THENCE along said south right of way line, for the north line hereof, the following four (4) courses: 1.) S72 °06'00 "E, 115.23 feet to an iron pin found at a fence corner post, for an angle point hereof; 2.) S84 °02'27 "E, 115.27 feet to an iron pin found at a fence corner post. for an angle point hereof; 3.) N89 °57'25 "E, 744.72 feet to an iron pin found for an angle point hereof; 4.) N89°58'14"E. 2591.16 feet.to the POINT OF BEGINNING of the herein described.. TRACT 1, containing 425.540 acres of land. r' EXHIBIT "Re TRACT Il (2.416 ACRES) BEGINNING at an iron pin found in the south right -of -way line of the Missouri Pacific Railroad. a one - hundred (100) foot wide right -of -way. which bears 500 ° L9'58 "W, 219.14 feet from the most southerly southeast corner of the above - described 425.540 acre TRACT I, for the northeast corner and POINT OF BEGl1I0ING of the hereinafter described 2.416 acre TRACT II: THENCE along the east line hereof. S00 °20'12 "W. 307.37 feet to an iron pin set for the southeast corner hereof; THENCE along the south line hereof. N89 °36'07 "W, 684.80 feet to an iron pin set in said south railroad right -of -way line, for the most westerly corner hereof; THENCE along said south right -of -way line, for the north line hereof, 066 °12'53 "E, 750.32 feet to the POINT OF BEGINNING of the herein described TRACT II, containing 2.416 acres of land. I11 ALL, said TRACT I and said TRACT II, as described herein. containing an aggregate total of 427.956 acres of land. GENT L CONDITIONS AND STIPULATIONS Con' (con, .:d and concluded from reverse side of Policy L land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 5. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to it at P. 0. Box 2029, Houston, Texas 77252. 6. This policy is not transferable. 7. 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 may also write the State Board of Insurance, Department C, 1110 San Jacinto Blvd., Austin, Tx, 78786. This notice of complaint procedure is for infor- mation only and does not become a part or condition of this policy. STEWART TITLE GUARANTY COMPANY STEWART TITLE OIIARANTY COMPANY A NAME RECOGNIZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH THE STATE OF TEXAS § COUNTY OF WILLIAMSON § WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: vol 130NGE489 fr/zz 7 72 -J That PALM VALLEY LUTHERAN CHURCH OF ROUND ROCK, TEXAS, a Texas Non - Profit Corporation, ( "Grantor ") of the County of Williamson and State of Texas for and in consideration of the sum of Ten and no /100 Dollars and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto THE CITY OF ROUND ROCK, TEXAS ( "Grantee "), an undivided 15.370 percent interest in and to the following described real property in Williamson County, Texas, to -wit: That certain 427.956 acres of land, of which 252.457 acres of land are situated in the Willis Donaho Jr. Survey, Abstract No. 173 and 175.499 acres are situated in the P. A. Holder Survey, Abstract No. 297, Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. TO HAVE AND TO HOLD the above undivided 15.370 percent interest in the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to the following to the extent same affect the above described property: 1. Rights and claims of co- tenants in the above property and minerals and to the rights of anyone claiming under them. 2. Electric line as shown on survey plat dated June 27, 1980, prepared by Don H. Bizzell Registered Public Surveyor No. 2218. 3. Easement dated August 29, 1925, from A. J. Palm to Lone Star Power Co., recorded in Volume 225, Page 31, Deed Records, Williamson County, Texas. 4. Easement dated October 14, 1936, from the Estate of J. A. Palm by L. M. Palm Administrator to the Texas Power & Light Co., recorded in Volume 281, Page 464, Deed Records, Williamson County, Texas. 5. Easement dated July 16, 1946, from the Estate of A. J. Palm by L. M. Palm Administrator to the Texas Power & Light Co., recorded in Volume 337, Page 360, Deed Records, Williamson County, Texas. 6. Easement dated November 23, 1953, from the Estate of A. J. Palm by L. M. Palm Administrator to the Texas Power & Light Co., recorded in Volume 393, Page 248, Deed Records, Williamson County, Texas. 7. Easement dated October 20, 1927, from A. J. Palm and wife, to the Texas Power & Light Co., recorded in Vollume 234, Page 133, Deed Records, Williamson County, Texas. 8. Easement dated April 12, 1965, from Mary H. Palm et al to Brushy Creek Water Control and Improvement District No. 1, OFFICIAL RECORD, effLUAMsoN gout= MIME VOL 1300PA recorded in Volume 477, County, Texas. 9. Easement dated Stockman and Mary H. Palm recorded in Volume 621, County, Texas. Current ad valorem taxes having been prorated to date hereof, the payment thereof is assumed by Grantee. The undersigned signatories to this Warranty Deed hereby warrant and represent that they are the duly elected members of the Church Council of Grantor (same being the governing body of the Grantor) and that as such they have been duly authorized and empowered to convey the above premises to Grantee at a meeting of the Church Council called for that purpose, and further that the congregation of the Grantor approved such conveyance at a meeting of the congregation called for that purpose. Executed on the dates se,r forth opposite the signatures below to be effective on the /1 of January, 1986. GRANTEE'S ADDRESS: 2 / (� c r w3s 7'( Date: 10Nllt(tij Vi to Date: Date: Date: Q n u .nor I,� , 11 b'(e 1114, By: GvIZLG�+ C7 H 0..nofik L , 1 g1Sig THE STATE OF TEXAS COUNTY OF WILLIAMSON Page 280, Deed Records, Williamson November 6, 1975, from Mrs. Henry to Southwestern Bell Telephone Co., Page 295, Deed Records, Williamson PALM VALLEY LUTHERAN CHURCH OF ROUND ROCK, TEXAS, a Texas Non - Profit Corporation. By: By: ( 4)1./..3-1/, J liver und, Chai man Dw ghtEiamb, Vice Chairman Anita Lanning, Sec etary Katherine Wallin, Treasurer v This instrument was acknowledged before me on thenday of January, 1986, by Oliver M. Berglund; Chairman of Palm Valley Lutheran Church of Round Rock, Texas, a Texas Non - Profit Corporation, on behalf of said corporation. e1 ►t-/u ac l � 11. I,(i l�'� Not., ry Public, State of Texas yn-1•ki rn . Printed Name of Notary My Commission Expires: 3)1,75/1 THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the la-I'h day of January, 1986, by Dwight Lamb, Vice Chairman of Palm Valley Lut,h Church of Round Rock, Texas, a Texas Non - Profit ,•'C'orporation, on behalf of said corporation. '' THE :STATE OF TEXAS .r. COUNTY OF WILLIAMSON This instrument of January, 1986, by Lutheran Church of C on behalf ",THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on of January, 1986, by Katherine Wallin, Treasurer of Luthe•r,a:n Church of Round Rock, Texas, a Texas Corpoia,ign, on behalf of said corporation. VOL 1300 FV,E 491 Nota y Public, State of Texas Cynihia M • Lil / Printed Name of Notary q My Commission Expires: j 3,,�5"I was acknowledged before me on the a tilday Anita Lanning, Secretary of Palm Valley Round Rock, Texas, a Texas Non - Profit of said corporation. & IN W J - -ktur Notary public, State of Texas �'UnThia 1V.• Whi±Io Printed Name of Notary My Commission Expires: *4,0 the 0+f- day Palm Valley Non - Profit 0.X.4 441 . c&) iti-V- Notp.ry Public, State of Texas Print r1�h1 n,. M. W Iii }t ot.J ed Name of Notary My Commission Expires: 31016) 1(9 voi 1300 Fa.F 492 FIELD NOTES OF 427.956 ACRES EXHIBIT "A" PAGE 1 OF 4 FIELD NOTES describin0a 427.956 acre tract or parcel of land, being 252.457 acres out of the WillisdDonaho, Jr. Survey, Abstract No. 173 and 175.499 acres out of the P. A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas; said 427.956 acres being comprised and consisting of the following six (6) tracts: 1.) the remaining 143 acres out of that certain 193 acre tract conveyed to Carolena Nelson by deed recorded in Volume 14, Page 760 of the Deed Records of Williamson County, Texas; 2.) all of that certain 157 acre tract conveyed to Andrew J. Palm by deed recorded in Volume 29, Page 192 of said Deed Records; 3.) all of that certain acre tract conveyed to Andrew Palm by deed recorded in Volume 48, Page 115 of said Deed Records; • 4.) all of that certain 112 acre tract conveyed to Andrew J. Palm by deed recorded in Volume 8. Page 466 of said Deed Records; 5.) the remaining portion of that certain 28.2 acre tract, known as Lot 15, of the Plat of Surveys of Swensons Part of the Holder League, as shown in Volume 13, Page 119 of said Deed Records, conveyed to Andrew J. Palm by deed recorded in Volume 13, Page 586 of said Deed Records; and 6.) the remaining portion of that certain 18.8 acre tract, known as Lot 16, of said Plat of Surveys, conveyed to Andrew J. Palm by deed recorded in Volume 29. Page 192 of said Deed Records; said six (6) tracts combined, found upon resurvey this date to contain 427.956 acres of land, and being more particularly described by metes and bounds as TRACT I and TRACT II as ,follows: 1 TRACT I ( 425.540 ACRES il BEGINNING at an iron pin set in the south right -of -way line of County Road No. 113, being the northwest corner of that certain 47.72 acre remainder of that certain 50 acre tract conveyed to Mrs. Hedwig Nelson, Executrix, by deed recorded in Volume 102, Page 369 of said Deed Records, also being the northeast corner of said 143 acre tract, for the most northerly northeast corner and POINT OF BEGINNING of the hereinafter described 425.540 acre tract; THENCE departing said south right -of -way line, along the west line of said 47.72 acre tract, being ;the east line of said 143 acre tract, for an east line hereof. S00 °10'00 "W, 2304.86 feet to an iron pin found under a fence, being in a south line of saidDonaho Survey, also being the north line of the Joseph Marshall Survey, Abstract No. 409, also being in the north line of that certain 72.5 acre tract conveyed to Round Rock Investment Properties, Inc., by deed recorded in Volume 561, `Page 561 of said Deed Records, for the most easterly southeast corner hereof; THENCE along the division line between said Donaho and Marshall Surveys, being the north line of said272.5 acre tract, as fenced, for an interior south line hereof, S88 °59'05 "W, 869.23 feet to an iron pin found under said fence, being the northwest corner of'said 72.5 acre tract, also being the northeast corner of that certain 151 acre tract conveyed to William H. Bright by deed recorded in Volume 387, Page 550 of said Deed Records, for an angle point hereof; THENCE continuing along said Survey division line, being the north line of said 151 acre tract, as fenced, for an interior south line hereof, N89 °15'52 "W, 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, being the southwest corner of said 143 acre tract, also being the northwest corner of said Marshall Survey and an interior corner of said Donaho Survey, for an interior corner hereof; THENCE along the west line of said 151 acre tract, being a division line between said Donaho and said Marshall Surveys, as fenced, for an interior east line hereof, the following two (2) courses: 1.) S07 ° 07'50 "E, 1272.40 feet to an iron pin found on the top of a flood control dam, for an angle point hereof; vn1 1300PAi'E493 Field Notes of 427.956 acres (TRACT I - continued) 2.) S14 °12'06 "E. 346.76 feet to a railroad spike found at the southeast corner of said 151 acre tract, being the northeast corner of said 112 acre tract, also being the most southerly southeast corner of said Donaho Survey and an angle point in the west line ot said Marshall Survey, also being the northeast corner of the P.A. Holder Survey, Abstract No. 297, for an angle point hereof; THENCE continuing along the west line of said 151 acre tract, being a division line between said Marshall and said Holder Surveys. as fenced, for an interior east line hereof, the following two (2) courses: 1.) S00 ° 16'29 "W, 472.98 feet to an iron pin found for an angle point hereof; 2.) S00 °50'22 "E, 488.13 feet to a point in the centerline of Chandler Branch, being the southeast corner of said 112 acre tract, for an interior southeast corner hereof; 1.) S89 ° 54'39"W, 2.) S58 °55'39 "W, 3.) S81 ° 16'39"W, 4.) S53 °27'16 "W, 5.) S22 °32'38 "E, 6.) S21 °28'22 "W, 7.)' S44 °17'22"W, 8.) S11 °29'22 "W. 9.) S36 ° 40'22 "W. 10.) S70 ° 26'22 "W. 11.) S79 °16'22 "W, 12.) N52 °54'38 "W, 13.) N86 °04'10 ^W, 14.) N59 °00'09 ^W, 15.) N89 °50'09 "W, northeast corner THENCE along the centerline of said Chandler Branch, with its meanders, being the south line of said 112 acres. the following fifteen (15) courses: 72.80 feet to an angle point hereof; 75.88 Iteet to an angle point hereof; 179.65feet to iron pin found for an 206.39.feet to angle point hereof; 100.002feet to angle point hereof; 249.19:feet to angle point hereof; 500.14 %feet to angle point hereof; 215.991feet to angle point hereof; 180.911feet to angle point hereof; 274.40 feet to angle point hereof; 285.33tfeet to angle point hereof; 249.37feet to iron pin found for an angle point hereof; 137.38j£eet to angle point hereof; 439.40 =feet to angle point hereof; 241.90 feet to a point in said centerline. being the of said 28.2 acre Lot 15, for an interior corner hereof; THENCE departing said centerline, along the east line of said Lot 15, for an east line hereof, the following four (4) courses: 1.) S08 °30'51"W, 215.35 feet to a nail found in an oak tree at the end of a fence. for an angle point hereof; 2.) along said fence. S00 °26'00 "W. 965.75 feet to an iron pin found at a fence corner pout. for an angle point point hereof; 3.) along said fence, N88 °41'00 "W, 16.49 feet to an iron pin found at a fence corner post. for an angle point point hereof; 3.) along said fence, S01 °03'18 "W, 794.81 feet to an iron pin found at a fence corner post in the northi.right -of -way line of U.S Highway No. 79. a one - hundred (100) foot wide right -of -way, for the most southerly southeast corner hereof; THENCE along said north right -of -way line. as fenced, for the most southerly line hereof, S66 °12'53 "W, 1097.78 feet to an iron pin found at the southeast corner of the remainder of that certain 46.838 acre tract conveyed to James M. Foley, et ua, by deed recorded in Volume 603. Page 174 of said Deed Records, for the most southerly southwest corner hereof; THENCE. along the east line of said 46.838 acre tract, for a west line hereof. the following two (2) courses: 1.) along said fence. N00 °18'26 "E, 877.32 feet to an iron pin set for an angle point hereof; 2.) NO2 °16'36 "W, 106.50 1feet to a point in the centerline of said Chandler Branch. for an angle point hereof; THENCE continuing along the west line hereof, along the centerline of said Chandler Branch, with ite meanders, the following eight (8) courses: 1.) N68 ° 19'25 "E, 195.00 feet to an angle point hereof; 2.) N26 °24'25 "E, 154.50 Meet to an angle point hereof; 3.) N15 ° 29'25 "E, 204.50 feet to an angle point hereof; an an an an an an an an an an an an EXHIBIT "A" PAGE 2 OF 4 angle point hereof; a vm 1300 PAU 494 Field Notes of 427.956 acres (TRACT I - continued) EXHIBIT "A" PAGE 3 OF 4 4.) NO2 °12'25 "E. 87.30 feet to an angle point hereof; 5.) N22 °21'25 "E, 141.0g feet to an angle point hereof; 6.) N17 °35'55 "E. 150.86 feet to an angle point hereof; 7.) N08 °09'35 "W, 258.90,feet to an angle point hereof; 8.) N77 °49'25 "E. 98.60 feet to an angle point hereof; THENCE continuing alonj the west line hereof, the following four (4) courses: 1.) NO2 °33'25 "E, 186.4 feet to an iron pin set under a fence, for an angle point hereof; 2.) along said fence, N01 °03'25 "E, 102.10 feet to an iron pin found under a fence, being the southeast corner of that certain 4.903 acre tract conveyed to Dr. Marvin Cressman by deed recorded in Volume 657, Page 249 of said Deed Records, for an angle point hereof; 3.) along said fence!. N01 °07'57 "E, 348.91 feet to an iron pin found under a fence, for an angle point hereof; 4.) along said fence, Ni01 °53'05 "E, 1718.15 feet to an iron pin found at a fence corner post, being it: the division line between said Donaho and said Holder Surveys, also being The northeast corner of that certain 37.00 acre tract conveyed to Marvin R. Cressman, et us, by deed recorded in Volume 603. Page 191 of said Deed Records' also being the southeast corner of that certain 107.3 acre tract conveyed to Otark Roofing and Sheet Metal Company by deed recorded in_ Volume 535, Page 160 of said Deed Records, also being the southwest corner of the remainder of that certain 218.37 acre tract conveyed to Thomas R. Joseph by deed recorded in ¥olume 514, Page 193 of said Deed Records, for the most westerly northwest corner hereof; THENCE along the south line of said 218.37 acre tract, being the division line between said Donaho andsaid Holder Surveys, as fenced. for an interior north line hereof. S89 °11'27 7, 1603.30 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; THENCE along the east 1 .a of said 218.37 acre tract, as fenced, for a west line hereof. the following four (4) courses: 1.) N00 ° 11'42 "E, 3354.76 feet to a nail found in a 14" hackberry tree, for an angle point hereof; 2.) N06 °30'00 "E, 58.57 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; 3.) N89 °04'46 "E, 357.5} feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; 4.) N01 °24'00 "E. 524.08'feet to an iron pin set at a fence corner poet in said south right -of -way line;of said County Road No. 113, being the northwest corner of said 157 acre tract.jfor the most northerly northwest corner hereof; THENCE along said south right of way line, for the north line hereof, the following four (4) courses: 1.) S72 °06'00 "E, 115.23 feet to an iron pin found at a fence corner post. for an angle point hereof; 2.) S84 °02'27 "E. 115.27 to an iron pin found at a fence corner post. for an angle point hereof; 3.) N89 °57'25 "E, 744.72,feet to an iron pin found for an angle point hereof; 4.) N89 °58'14 "E, 2591.14 feet to the POINT OF BEGINNING of the herein described TRACT I, containing 4251540 acres of land. TRACT II (2.416 ACRES) BEGINNING at an iron pin found in the south right -of -way line of the Missouri Pacific Railroad. a one- hundred (100) foot wide right -of -way, which bears S00 ° 19'58 "W, 219.14 feet from the most southerly southeast corner of the above - described 425.540 acre TRACT I, for the northeast corner and POINT OF BEGINNING of the hereinafter described 2.416 acre TRACT II: THENCE along the east line hereof, S00 °20'12 "W, 307.37 feet to an iron pin set for the southeast corn. hereof; 1 Field Notes of 427.956 acres (TRACT II — continued) STATE OF TEXAS COUNTY OF WILLIAMSON r, t,‘` 4 i'f I hereby certify that this Instrument was FILED on the date and at the time stamped hereon FILED FOR RECORD by me; and was duly RECORDED, in the Volume WILLIAMSON COUNTY TX. and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on JAN 0 1985 COUNTY CLERK WILLIAMSON COUNTY, TEXAS HAYNIE & KALLHAN, INC. Date 1986 JAN 17 PM 41 03 ti —�9 —g5 COUNTY CLERK vnt 13OOPA,E495 EXHIBIT "A° PAGE 4 OF 4 THENCE along the south line hereof. N89 °36'07 °W, 684.80 feet to an iron pin set in said south railroad right — of — way line. for the most westerly corner hereof; THENCE along said south right —of —way line. for the north line hereof, N66 °12'53 1 'E, 750.32 feet to the POINT OF BEGINNING of the herein described TRACT II, containing 2.416 acres of land. IN ALL. said TRACT I and said TRACT II, as described herein. containing an aggregate total of 427.956 acres of land. I, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on— the — ground survey made under my direction and supervision on the 19th day of December, 1985. All corners located are as described. Steven D. Kallman, Registered Public Surveyor No. 3337 2308 FILED FOR RECORD, WILLIAMSON r0111 Y. TX. 1986 JAN 17 " PM 4: 03 - COUNTY CLERK - - C/H Georgetown Title Company, Ina' g-s,