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R-86-911 - 8/28/1986
WHEREAS, Georgetown Railroad Corporation and Texas Crushed Stone are the owners of land in Williamson County, Texas; and WHEREAS, the property is located within the ETJ of the City of Round Rock, Texas; and WHEREAS, the City of Round Rock has planned a new water transmission line which crosses Georgetown Railroad Corporation (GRR) and Texas Crushed Stone (TCS) land; and WHEREAS, the City previously approved agreements with GRR and TCS providing for the execution of the necessary easements in consideration of certain commitments; and WHEREAS, certain provisions of the agreements have been amended; and WHEREAS, the Council wishes to approve the amended agreements, 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 agreements with Georgetown Railroad and Texas Crushed Stone, a copy of said agreements being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of August, 1986. ATTEST: RESOLUTION N0. —/ /iR MIKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON h9rrgra2 AGREEMENT THIS AGREEMENT is made and entered into effective the date last executed hereinbelow by and between the City of Round Rock, Texas, hereinafter called "City" and the Georgetown Railroad Company, Inc. hereinafter called "GRR "." Recitals WHEREAS, the City desires to construct a treated water transmission pipeline from the City's treatment plant to the City proper, and WHEREAS, the most convenient and economical location for said pipeline is across certain property owned by GRR, and WHEREAS, GRR is agreeable to providing the necessary easement subject to the terms and conditions set forth below, NOW THEREFORE IT IS AGREED THAT: I. II. 3 372 m.1422 PAGE 4 7 GRR agrees to execute and deliver to the City an easement to construct the water transmission line. A copy of the easement is attached hereto as Exhibit "A ". The City agrees to indemnify and hold GRR harmless from damages, costs, etc., in accordance with the terms of said easements. GRR may from time to time desire to cross over the water line with railroad tracks or spurs. in the event it becomes necessary or desirable to construct said tracks or spurs, and the City requires any casings or supports to be installed or constructed for protection of its line, the City agrees to pay all costs of protecting the line for the first three (3) such crossings. For each crossing constructed after three (3), GRR agrees to bear the costs of any required protection, but GRR shall not be required to provide greater protection than that provided for the first three (3) crossings. A crossing consists of one road, track or spur at an angle no less than ten (10) degrees. III. As additional consideration for the easements to be conveyed, City agrs to reserve and set aside for the use and benefit of GRR, one thousand (1,000) living unit equivalents (LUE's) worth of capacity in the City's water transmission line referred to above. This reservation of capacity shall not be construed to relieve GRR from paying any and all fees otherwise required by City ordinances. The City also agrees to have installed on said water line a tap or "T" with a minimum size of twenty -four inches (24 "), to be located just south of the FM 1431 right -of -way, and GRR shall have the right to connect to said taps. GRR may in the future reserve water and wastewater plant capacity in accordance with the terms of the serviceability letter which is attached hereto as Exhibit "B ". OFFICIAL RECORD] 11Y:}AMBOn coin tmi vo 142 ?. PAGE 478 A. This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. B. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. C. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. D. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Dade r0 � % /9,? ST: Date: 1 — ,7G —4 4 EST: j 0#1JiAi! /ALA nne Land, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me, a notary public, on the 0291-r.4 day of 77e�._��ws�� , 1986, by C. R , *,,, o y of Georgetown Railroad Company, Inc., a Texas corporation, on behalf of said corporation.' Iv. GEORGETOWN RAILROAD COMPANY, INC. By K. �/ : �r.-wv..�. / C. e mtR (Printed Name) (Title) CITY OF ROUND ROCK Notary Public, State of Texas Printed name: /e /e C ftssen f My commission expires: o:7-3/-11 2. MIKE ROBINSON, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON voE- 1422parE479 This instrument w s acknowledged before me, a notary public, this ;V day of ia4.t", , 1986, by Mike Robinson, Mayor of the City of Round Rock, on behalf of said municipality. ot N Pub1i ota , �/ { Public Stateo.f 'texas ' � Printed name: // 94)r -e . (9; 'GI My commission expires;; 3. voi 1422 PAGE 480 • EASEMENT Georgetown Railroad Company, Inc. Grantor STATE OF TEXAS COUNTY OF WILLIAMSON That Georgetown Railroad Company, Inc., a Texas corporation, herein called Grantor, for a good•and valuable consideration paid by the City of Round Rock, Texas, a municipal corporation, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee an easement and right -of -way upon and across the following described property of Grantor: As described in Exhibit "I" attached hereto and incorporated herein. This conveyance is made and accepted subject to any and all easements, conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of.Williamson County, Texas. The right -of -way, easement, rights, and privileges herein granted shall be used for the purpose of placing, constructing, operating, enlarging, repairing, maintaining, rebuilding, replacing, relocating, and removing a treated.vater transmission pipeline with all necessary conduits, valves, vaults, manholes, ventilators and appurtenances. Except as otherwise noted, the easement, rights, and privileges herein granted shall be perpetual, provided however, that said easement, rights, and.privileges shall cease and revert to Grantor in the event the said pipeline is abandoned, or shall cease to be used, for a period of one (1) year. Grantor hereby binds.itself, its assigns, successors and legal representatives, to Warrant and Forever Defend the above described easement and rights unto Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant, without the express written consent of Grantee, .which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement granted herein to determine the effect, if any, on the water line contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water line. h9rrgrre Grantor further grants to Grantee: (a) the right to grade the strip of land for the full width thereof and subject to the consent of Grantor, which shall not be unreasonably withheld, to extend the cuts and fills for such grading into and on the land along and outside the strip to such extent as Grantee may find reasonably necessary; (b) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary, subject to the consent of Grantor, which shall not be unreasonably withheld. EXHIBIT "A" The City of Round Rock Grantee : KNOW ALL MEN BY THESE PRESENTS: (c) the right of ingress to and egress from the strip over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the Grantor's property which is isolated from the strip by any public highway or road not crossing or hereafter crossing the property; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; (d) the right of grading for, constructing, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the strip; the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the strip and to trim and to cut down and clear away any trees on either side of the strip which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; the right to mark the location of the strip by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. (e) (f) (g) 2. Von 1422M E 481 Grantee hereby covenants and agrees: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee agrees to indemnify GRR and hold it harmless from any suits, claims, costs, loss or damage which may accrue to GRR, Grantee or third parties, from the operation of the pipeline arising out of, or occasioned by, the negligent acts of Grantee or its employees or agents. The loss or damage for which Grantee shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) GRR employees or agents, v©:lb422m[482 . (ii) Grantee's employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the pipeline or the interruption of pipeline service, caused by negligence of Grantee, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Grantor also retains, reserves,,and shall continue to enjoy the surface of such strip for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement including the right to build and use the surface of the herein granted easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and /or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided the Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or diminish or substantially add to the ground cover over the pipelines. Provided however, before constructing any of the above permitted improvements, at least ten (10) days notice shall be provided the Grantee of the general plans of the improvements to be constructed on the easement. In addition to the easement, rights, and privileges herein conveyed, Grantee shall have the right to use for a temporary construction easement so much of the surface of Grantors' property as may be reasonably necessary to construct and install within the right -of -way granted hereby the facilities contemplated by this grant; but in no event shall the temporary construction easement be in excess of that described and depicted on Exhibit "A" attached hereto. The temporary construction easement shall expire on December 31, 1986, or when the project is complete, whichever shall first occur. Upon completion of such construction and installation, Grantee shall replace and restore all fences, which may have been relocated or removed during the construction period, and Grantee shall pay Grantor reasonable compensation for such fences which may not be replaceable. This instrument shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, this instrument is executed this 4 day of �uC -usr , 1986. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was this � day of A' �KfS v7` cif corporation, on behalf of 3 . GEORGETOWN RAILROAD COMPANY, INC. By: _ �rvt.v� - G. R. avea (Printed Name) (Title) acknowledged before e, a notary public, zT , 1986, by R, T �.r.. - ✓ , Georgetown Railroad Company, Inc., a Texas said corporation. Notary Public, State of Texas fete n i4 c s ° - ✓t (Printed Name) PAlan Cnssons No tarOitlaa) In at d or Williamson County, Terms and conditions hereof agreed to and accepted by Grantee. ATTEST: AP Jr anne Land, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON 4. CITY OF ROUND ROCK By MIKE ROBINS This instrument w s acknowledged before me, a notary public, this /44 tp day of LlCta t , 1986, by Mike Robinson, Mayor of the City of Round Rock, on behalf of said municipality. Notary&Public, State of Texas f2rga (C}, C' L (Printed Name) (Title) v ni 14 ;rACI4 Mayor 1422 FAGS 484 FIELD NOTES FOR A FIFTEEN FOOT (15') WIDE PUBLIC UTILITY EASEMENT FIELD NOTES describing a fifteen foot (15') wide permanent easement and a. temporary construction easement of fifty feet (50').wide for the purpose of the construction and maintenance of public utilities across tboee tracts conveyed. to the Georgetown Railroad.Company found of record. in Volume 800, Page 630, of the Deed Records of Williamson County, Texas; PART ONE _ BEGINNING at the intersection point of the West right -of -way line of the Georgetown Railroad sixty foot (60') right - of-way and the South right - of-way line of F.M. 1431 as conveyed to the State of Texas, recorded in Volume 1112, Page 490, of said Deed Records, said point being the new Northeast corner of that tract described as TRACT IA conveyed to said Georgetown Railroad Company; THENCE SOO °52'57 "E. 15.00 feet along said West right- of-way line to the Southeast corner hereof; THENCE 587 °54'06"W, 15.00 feet to the Southwest corner hereof; THENCE NOO °52'57"W, 15.00 feet to the Northwest corner hereof and being Yn the South right- of-way line of said F.M, '1431; THENCE N87 °54'06 "E, 15.00 feet along said South right - of-way line to the Point of Beginning of this described Part One containing 225 square feet of land. PART TWO BEGINNING at the point of intersection of the aforesaid South right -of -way of F.H. 1431 and the East right -of -way line of the aforesaid Georgetown Railroad sixty foot (60') wide right - of - way for the Northwest corner hereof and being in the West line of that tract conveyed to the Georgetown Railroad Company described as TRACT IIA in the aforesaid Deed Records; THENCE easterly the following four (4) courses along the South right- of-way of F.M. 1431: 1) N87 °54'06 "E, 404.5 feet to a 30d nail found by a fence post; 2) N80 °18'40 "E. 302.68 feet to a 30d nail found by a fence post; 3) N87 °55'34 "E, 600.12 feet to a nail set by a fence corner post; 4) S50 °30'14 "E, 538.53 feet to a concrete right -of -way marker at the intersection point of said South right -of -way and the West right -of -way line of IR 35; THENCE 56.27 feet along the arc of a curve to the right in said West right - of-way line the sub -chord bearing and distance hereof being S35 ° 02'04 "E, 56.24 feet to the Southeast corner hereof; THENCE westerly along the South line hereof the following four (4) courses: 1) N50 ° 30'14"W, 587.04 feet; 2) S87 °55'34 "W, 593.43 feet; 3) S80 °18'40 "W, 302.68 feet; 4) 587 °54'06"W. 405.82 feet to the Southwest corner hereof and being in the aforesaid Georgetown Railroad sixty foot (60') right- of-way line; THENCE NO0 °52'57 "14, 15.00 feet along said right -of -way line to the POINT OF BEGINNING of this described. Part Two containing 28.039 square feet of land. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement fifty feet (50') in width shall exist 50.0 feet southerly of and parallel to the South right - of-way line of F.M. 1431 as shown on the attached easement sketch. EXHIBIT "I" PAGE 1 OF 2 APRIL 23. 4986 103- 799 -23 vol 14' PACE 485 SKETCH TO ACCOMPANY FIELD NOTES FOR AN EASEMENT • /2/TE/P. Pre /./!✓Y, iJ', j 4% fai e • s4. 1 Po /s/r vA• n _ CC6///.(// / e I I i./.rr 2 n a l � lHq I V Y/ T3 Yt T¢ n G EezecerO/%(/ l'.9/L.4,44,4 ........1 o /.vN /.ye 7/ /./.t / 1 r/.//' i .9/PT _ a rJ - - /'0C. Sc10� P6, 670 o 225 1'4 /-T. - - - -- /3 f flNf//r r /6 /TY s k ; - M•F.IANe eeZe. y q $ :R 7 �A//fy/ff /D// ! ///! 3e' r <.yve.ed.r e A/f,r #Cp /O •$ f fP EXHIBIT "I ", Page 2 of 2 J'DO' SI'S7 "f A97' SO' od ' .(/00' 37' S7'W .f/87. 5-0•04',,e /,UE 7ABL BLA.P ///e YQA/CE o 3d . .t4p/e fit GY FE.vee POfT • 9d AMA' "WWI . BV r(4'ef POST b/L !:/Ar[,e e /.f/6 ■ LA.de.PETE , a//7 - 4/-4/47/ frbe,e ' r.Pae 7 ,9 GEO.PGErof,/.4/ , P.Pit.PC/90 cez 60' ..9.4.44-- nie & Kaltman Inc. CONSULTING ENGINEERS 1106 South Mays. Round Rook, Texas 78664 • 1512) 255.7861 vor 14ZZ PAGE 486 MIKE ROBINSON Mayor MKE HEILIGENSTEIN Mayor Pro-tern COUNCIL MEMBERS PETE CORREA RONNIE JEAN CHARLES CULPEPPER TRUDY L LEE GLENN KING JACK A. HARZKE Coy Manager 005 wOLE Coy Atmrney DAN R. McNERY Munrcioal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512- 255 -3612 • Round Rock, Texas 78664 "GOOD LIVING WITH A PROUD HERITAGE" Charles R. Turner Georgetown Railroad 710 Austin Avenue Georgetown, Texas 78628 Re: Water & Wastewater Serviceability Land Use: Mixed Use Dear Mr. Turner: August 28, 1986 This letter is to confirm the City of Round Rock's commitment for water and wastewater. service for your property located within the City's ETJ. Specifically: 1. 1,000 Living Unit Equivalents (L.U.E.$) will be reserved for your use in both the Chandler Creek Wastewater Interceptor and the 42" Water Transmission Main. 2. Water supply and Wastewater treatment will be made available in the following manner: a. Plant capacity may be committed in accordance with normal subdivision plat procedures. b. If reservation of plant capacity is sought prior to plat approval and uncommitted capacity is available, reservation will be made upon payment of the then applicable fees. c. If reservation of plant capacity is sought prior to plat approval and uncommitted capacity is not available, the City will construct and /or provide the requested capacity within eighteen (18) months of such request. The request must be in writing and include provision for payment of applicable fees. EXHIBIT "B ", Page 1 e Page 2 Charles R. Turner Georgetown Railroad August 28, 1986 3. "Applicable fees" for the purpose of this letter includes any fee adopted by the City of Round Rock for the purpose of providing water and wastewater plant and line capacity, including but not limited to, the water service fee, sewer service fee and oversize fees. 4. This service commitment is subject to and Georgetown Railroad shall be entitled to the benefit of all applicable municipal ordinances and regulations. The commitments contained in this letter constitute a portion of the consideration passing to Georgetown Railroad in exchange for an easement for the 42" Water Transmission Main across its property. If the Department of Public Works can be of any assistance, please do not hesitate to contact me at 255 -3612. Sincerely, STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED on the date and at the time stamped hereon in the Vome by d me; and was Page of the namedERECORDS of Will amson County, Texas, as stamped hereon by me, on St? .1 1956 es R. Nuse, P.E. actor of Public Works COUNTY ERKK WILLIAMSON COUNTY, TEXAS EXHIBIT "B ", Page 2 v01.1422PAr,E487 . • • Y:TX. AIM: 00 COU UI CLERK v01 1422m1488 STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT 33;73 T IS AGREEMENT is made and entered into effective the date last executed hereinbelow by and between the City of Round Rock, Texas, hereinafter called "City" and the Texas Crushed Stone Company hereinafter called "TCS "." Recitals WHEREAS, the City desires to construct an expansion to its water treatment plant and a treated water transmission pipeline from the City's treatment plant to the City proper, and WHEREAS, a temporary construction easement is needed to construct the water treatment plant expansion, and WHEREAS, the most convenient and economical location for said pipeline is across certain property owned by TCS, and WHEREAS, TCS is agreeable to providing the necessary easements subject to the terms and conditions set forth below, NOW THEREFORE IT IS AGREED THAT: I. TCS agrees to execute and deliver to the City an easement to construct the water transmission line and a temporary construction easement for the construction of the water treatment plant expansion. A copy of the easements are attached hereto as Exhibits "A" and "B ". The City agrees to indemnify and hold TCS harmless from damages, costs, etc., in accordance with the terms of said easements. II. TCS may from time to time desire to cross over the water line with roads, railroad tracks, or spurs. In the event it becomes necessary or desirable to construct said roads, tracks, or spurs, and the City requires any casings or supports to be installed or constructed for protection of its line, the City agrees to pay all costs of protecting the line for the first three (3) such crossings. For each crossing constructed after three (3), TCS agrees to bear the costs of any required protection, but TCS shall not be required to provide greater protection than that provided for the first three (3) crossings. A crossing consists of one road, track or spur at an angle no less than ten (10) degrees. As additional consideration for the easements to be conveyed, City agrees to reserve and set aside for the use and benefit of TCS, one thousand (1,000) living unit equivalents (LUE's) worth of capacity in the City's water transmission line referred to above. This reservation of capacity shall not be construed to relieve TCS from paying any and all fees otherwise required by City ordinances. The City also agrees to have installed on said water line a tap or "T" with a minimum size of twenty -four inches (24 "), to be located just north of the FM 1431 right -of -way, and TCS shall have the right to connect to said taps. rrtcsa2 OFFICIAL RECORDS WILLIAMSON courire =v/1a TCS may in the future reserve water and wastewater plant capacity in accordance with the terms of the serviceability letter which is attached hereto as Exhibit "C ". Date: '/ ,k Date: 0 - (20 6 ATTEST: ) 144 JA Q156 ne Land, City Secretary IV. 2. vat. 1422M A. This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. B. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. C. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. D. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. TEXAS CRUSHED STONE COMPANY By A 7 ' W.H. Ca:�•ell A pr AI Lee Fulkes W.B. Snead Executive Committeemen acting as President CITY OF ROUND ROCK MIKE ROBINSON, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknow dged before me, a notary public, this 2917, day of 4 , 1986, by W.H. Campbell, Lee Fulkes, and W.B. Snead, Ex4cutive Committeemen acting as President of Texas Crushed Stone Company, a Texas corporation, on behalf of said corporation. .......... rf ` i 7 1 f •... S 1J ODELL R. FASKE COMMISSION EXPIRES 9.3048 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me, a notary public, this A — day of , 1986, by Mike Robinson,. Mayor of the City of Round Rock, dh behalf of said municipalityc. "0C Notar Public State f Texas cad / /,. U lam eoa�tiY 9 (Title) N ark' Public, State of Texas ?7yetrgaret (}. G,// 22 (rinted ame Title) 3. Texas Crushed Stone Company The City of Round Rock Grantee Grantor STATE OF TEXAS COUNTY OF WILLIAMSON EASEMENT al 1422 PAGE 491 : KNOW ALL MEN BY THESE PRESENTS: That Texas Crushed Stone Company, a Texas corporation, herein called Grantor, for a good and valuable consideration paid by the City of Round Rock, Texas, a municipal corporation, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee an easement and right -of -way upon and across the following described property of Grantor: As described in Exhibits "I" and "II" attached hereto and incorporated herein. This conveyance is made and accepted subject to any and all easements, conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas. The right -of -way, easement, rights, and privileges herein granted shall be used for the purpose of placing, constructing, operating, enlarging, repairing, maintaining, rebuilding, replacing, relocating, and removing a treated water transmission pipeline with all necessary conduits, valves, vaults, manholes, ventilators and appurtenances. Except as otherwise noted, the easement, rights, and privileges herein granted shall be perpetual, provided however, that said easement, rights, and privileges shall cease and revert to Grantor in the event the said pipeline is abandoned, or shall cease to be used, for a period of one (1) year. Grantor hereby binds itself, its assigns, successors and legal representatives, to Warrant and Forever Defend the above described easement and rights unto Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant, without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement granted herein to determine the effect, if any, on the water line contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water line. rrtcse Grantor further grants to Grantee: (a) the right to grade the strip of land for the full width thereof and subject to the consent of Grantor, which shall not be unreasonably withheld, to extend the cuts and fills for such grading into and on the land along and outside the strip to such extent as Grantee may find reasonably necessary; (b) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary, subject to the consent of Grantor, which shall not be unreasonably withheld. EXHIBIT "A" del 14VF , AH492 . (c) (f ( g) the right of ingress to and egress from the strip over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the Grantor's property which is isolated from the strip by any public highway or road not crossing or hereafter crossing the property; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; (d) the right of grading for, constructing, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the strip; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the strip and to trim and to cut down and clear away any trees on either side of the strip which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; the right to mark the location of the strip by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. Grantee hereby covenants and agrees: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee agrees to indemnify TCS and hold it harmless from any suits, claims, costs, loss or damage which may accrue to TCS, Grantee or third parties, from the operation of the pipeline arising out of, or occasioned by, the negligent acts of Grantee or its employees or agents. The loss or damage for which Grantee shall indemnify TCS and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) TCS employees or agents, 2. Grantor also retains, reserves, and shall continue to enjoy the surface of such strip for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement including the right to build and use the surface of the herein granted easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and /or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided the Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or diminish or substantially add to the ground cover over the pipelines. Provided however, before constructing any of the above permitted improvements, at least ten (10) days notice shall be provided the Grantee of the general plans of the improvements to be constructed on the easement. In addition to the easement, rights, and privileges herein conveyed, Grantee shall have the right to use for a temporary construction easement so much of the surface of Grantors' property as may be reasonably necessary to construct and install within the right -of -way granted hereby the facilities contemplated by this grant; but in no event shall the temporary construction easement be in excess of that described and depicted on Exhibits "I" and "II" attached hereto. The temporary construction easement shall expire on December 31, 1986, or when the project is complete, whichever shall first occur. Upon completion of such construction and installation, Grantee shall replace and restore all fences, which may have been relocated or removed during the construction period, and Grantee shall pay Grantor reasonable compensation for such fences which may not be replaceable. This instrument shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WHEREOF, this instrument is executed this CAZ day of laGt .✓Y , 1986. ATTEST: �7 t--t ,✓ W.B. Snead 3. Al 1422px ,GE4M (ii) Grantee's employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the pipeline or the interruption of pipeline service, caused by negligence of Grantee, its employees or agents. Such indemnification shall include all actual monetary cost to TCS, including expenses and attorney's fees. TEXAS CRUSHED STONE COMPANY By: — 7< ( °,/i�vi6 W.H. Camp • .1 Lee Fulkes Executive Committeemen acting as President Terms and conditions hereof agreed to and accepted by Grantee. ATTEST: J um anne Land, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON This i trument was acknowledged before me, a notary public, this day of , 1986, by W.H. Campbell, Lee Fulkes, and W.B. Snead, Ex utive Committeemen acting as President of Texas Crushed Stone Company, a Texas corporation, on behalf of said corporation. .. o nF� " fir ODELL R. FASKE COMMISSION EXPIRES 9.3088 STATE OF TEXAS COUNTY OF WILLIAMSON NARACIARET o. MI NWT Pak. UMW Tau wc...rr. bans 24440 1 4. CITY OF ROUND ROCK By: MIKE ROBINSO Mayor a tM Notary. Publ c Star�jje? of Texas Odvie// � • �F2sA Printe N e) ffatevAlnee (Title) This instrument was ackn wledged before me, a notary public, this /4/ day of , 1986, by Mike Robinson, Mayor of the City of Round Rock, n behalf of said municipality. ota:7Public, S ate of Texas 714,2-rga-r e Gs LL (Printed Name) (Title) EXIBIT "I" ;,FIELD NOTES FOR A TWENTY FOOT (20') WIDE PUBLIC UTILITY EASEMENT • PAGE '2 9 &422PAGE X95 • , *:FIELD NOTES describing a strip of land, being a twenty foot (20') wide permanent easement and a seventy to seventy -five foot (70r - 75') wide temporary construction easement, for the. purpose of, construction and maintenance of public utilities, being upon that certain 2023.28 acre TRACT I conveyed to Texas Crushed Stone Company by Deed recorded.in Volume 880, Page . 638, . of the Deed Records of Williamson County, Texas, said twenty foot (20') wide permanent easement being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at a point in the West right -of -way line of that certain ninety foot (90') wide right- of -way conveyed to the Georgetown Railroad Company, Inc., being the Southeast corner of that .certain 13.00 acres conveyed to the City of Round Rock by Deed recorded in Volume 853, Page 56. of said Deed Records, being an angle point in the East line of said 2023.28 acres; thence along the South line of said 13.00 acres, S72 °14'25 "W, 49.65 feet to a point, being the Northeast corner and POINT OP BEGINNING of the hereinafter described strip of land; THENCE southerly, fifty -five feet (55') westerly of and parallel to the West right - of-way line of the Georgetown Railroad and a prolongation of the northern tangent line thereof, 506 °45'32 "W, 1700.99 feet to an angle point hereof; THENCE southerly, fifty feet (50') westerly of and parallel to 'raid West right -of -way line and prolongation of the .southern tangent line thereof, S00 °52'57 "E, 3890.93 feet to an angle point hereof; .THENCE N87 °57'56 "E, 50.01 feet to a point in the East line of said Texan Crushed Stone tract being in the West line of the Georgetown Railroad; THENCE SOO °52'57 "E, 20.00 feet along said common line to the Southeast corner hereof, being the Southeast corner of said Texas Crushed Stone tract and'also being in the North right -of -way line of F.M. 1431; THENCE S87 °57'56 "W, 70.01 feet along said right- of- way.line to the Southwest corner hereof and also being in the West margin of a seventy foot (70') easement granted to the Lower Colorado River Authority found of record in Volume 578, Page 574, of said Deed Records; THENCE N00 °52'57 "E, along said West margin, passing the beginning of a curve to the right in said margin at 3101.42 feet and continue along the tangent line of said curve a total distance of 3,912.68 feet to an angle point hereof; THENCE N06 °45'32 "E, being five feet (5') westerly of and parallel to the northern tangent line of said West margin, 1,693.21• feet to a ,point 'in the South line of the aforesaid City of Round Rock tract for the Northwest .corner hereof; THENCE N72 °14'25 "E, 21.98 feet along said South line to the POINT OF. BEGINNING of this described twenty foot (20') easement containing 113,178 square feet -or 2:598 acres of land: :+; ; TEMPORARY CONSTRUCTION EASEMENT AA , =„temporary construction easement shall exist from the Went line of the ^:- aZorsdescribed twenty foot (20') easement to 'the_ West line - o! the Railroad being the East line of the Texas Crushed Stone tract. EXHIBIT 1 PAGE 1 111 > KETCH TO ACCOMPANY FIELD NOTES p FOR A PUBLIC • UTILITY EASEMENT eeo (440 rfMPO.l4FV 'eofhereliti 0:/ EA,f MfA!r .c.7.M‘ 7.04/1JM /1110:/ C/A/6' fIZ4r r70.vYMfN7 0s. co j3 f ,PDV � /fr /G f h 10 • I1 �` 0 W k ti ror e A.PEA oU. E, • //!. /71 ,p. <I 7. f se• .o rr EXHIBIT "I" Page 2 of 2 /.00/0,4 uq/f• L/A/d .N.07L'/! 6 /.(/f - B: . .. 11 f 67 O SG " 7D �Y A 4G. AL. P,pDP /4J/ �■ PoP t! �/ • �. ld9 "- M� « �� ( �' Haynie & Kal+l•mann Lm !$MY. NI h' 0.I CONSULTING ENGINEERS 1106 South'Noy, Round Rock, Texas 78664 (5121 251-7861 EG EA/O TEXAS CRUSHED STONE FIELD NOTES describing a twenty (20) foot wide permanent utility easement together with a fifty (50) foot: wide temporary .construc- tion easement for the purpose of the construction and maintenance of public utilities across that certain 2023.28 acre Tract I con- veyed to Texas Crushed Stone Company by deed recorded in Volume 880, Page 638 of the Williamson County, Texas 'Deed Records; BEGINNING FOR REFERENCE at the southeast corner of said Tract I, being the intersection point of the .west right -of -way line of the Georgetown Railroad and the north right -of -way line of F.M. 1431, thence 587'57'56 "W, 70.00 feet along said north right -of -way line to the TRUE POINT OF BEGINNING hereof; THENCE S87'57 '56"W, 30.00 feet, continuing.' along said' north right -of -way line to the southwest corner hereof; THENCE NO2'02'04 "W, 20.00 feet to the northwest 'corner hereof; • THENCE N87'57 '56"E, 30.43 feet to the corner hereof and being in the west margin of a seventy (70) foot wide easement granted to the Lower Colorado River Authority found of record in Volume 578, Page 574 of said Deed Records; THENCE S00'52'57 "E,• 20.01 feet along said west margin to the southeast corner and the TRUE POINT OF BEGINNING of this.describ- ed permanent easement containing 604 square feet. of land. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement shall' exist fifty. (50) feet northerly of and adjacent to the south line of the afore describ- ed permanent easement as shown on the accompanying sketch. 7A' L• ,P.F !di l'AfeW WC 3s. Woo.,- • $8rs7'n $I7•si so'r✓� ,(2,0/1 Al. D.4 GD4 fQ /X "mv.r 0, �EFEXE�/ P.POP. P. U. E. 4G. p¢ .9C. eechguwe "A.PCEC 3/ !/Ol. r / /Z, PG, lig 9 Rae. E. Pdg? /e ur/C /ry E,OJEME.dr <r. C. E. rYMPOg.o.PY ca i e uc r/o,d EA.SEME.vr w C A/4r6,e va1.1422 PAGE 497 EXHIBIT "II" Page 1 of 1 May 15, 1986. 103 - 799 -23 • O.PDe r_% /sr3/ Haynie & Kallman Inc. ilirrtg CONSULTING ENGINEERS 1106 South Mays ' Round Rock, Tixos 78664_ ft121 255 -7861 • L 1422 PALE 498 TEMPORARY CONSTRUCTION EASEMENT Texas Crushed Stone Company The City of Round Rock Grantor Grantee STATE OF TEXAS COUNTY OF WILLIAMSON That Texas Crushed Stone Company, a Texas corporation, herein called Grantor, for a good and valuable consideration'paid by the City of Round Rock, Texas, a municipal corporation, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee a temporary construction easement upon and across the following described property of Grantor: rr -tcs -e As described in Exhibit incorporated herein. This conveyance is made and accepted subject to any and all easements, conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas. Grantee shall have the right to use for a temporary construction easement the property described herein to construct and installan expansion to the City's water treatment plant expansion on the City's property located adjacent hereto. The temporary construction easement shall expire on December 31, 1986, or when the project is complete, whichever shall first occur. Upon completion of such construction and installation, Grantee shall replace and restore all fences, which may have been relocated or removed during the construction period, and Grantee shall pay Grantor reasonable compensation for such fences which may not be replaceable. This instrument shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, this instrument is executed this day of ��.a�� , 1986. EXHIBIT "B" : KNOW ALL MEN BY THESE PRESENTS: 11111 attached hereto and TEXAS CRUSHED STONE COMPANY W.H. Cam Lee Fulkes W.B. Snead Executive Committeemen acting as President Terms and conditions hereof agreed to and accepted by Grantee. ATTEST: STATE OF TEXAS COUNTY OF WILLIAMSON This SStrument was ac ow edged before me, a notary public, this ��ihC kn day of , 1986, by W.H. Campbell, Lee Fulkes, and W.B. Snead, ecutive Committeemen acting as President of Texas Crushed Stone Company, a Texas corporation, on behalf of said corppmat4Qn. ' �� P Y PU B 7 tis 0; x/1 •„ ' al p ODELL R. FASKE COMMISSION EXPIRES 9.30-88 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me, a notary public, this /q o day of itgccnt , 1986, by Mike Robinson, Mayor of the City of Round Rock, on behalf of said municipality. CITY OF ROUND ROCK By MIKE ROBINSON vni 1422 PAGE 49 Notary Public e Texas A // 't , 4x3 JE"� PrinO� ) (Title) //J otary ublic, State, of Texas 722/x -rga ret t G 1 L b (Printed Name) (Title) YD1 FAG 500 CITY OF ROUND ROCK WATER TREATMENT PLANT TEMPORARY CONSTRUCTION EASEMENT — TEXAS CRUSHED STONE 103 - 799 -23 April 1, 1986 PERIMETER description of a temporary construction easement for the purpose of additional working area during the construction of improvements to the City of Round Rock water treatment facilities, said temporary easement being located on that certain 2023.28 acre parcel described as TRACT I in a Deed to Texas Crushed Stone recorded in Volume 880, Page 638, of the Deed Records of Williamson County, Texas; BEGINNING at the Southwest corner of a 13.0 acre tract conveyed to the City of Round Rock recorded in Volume 853, Page 56, of said Deed Records, being the Northwest corner hereof and also being an ell corner of said Texas Crushed Stone tract; THENCE N72 °14'24 "E, 175.0 feet along the South line of said 13 acre tract .to the Northeast corner hereof; THENCE S17 °45'36 "E, 50.0 feet to the Southeast corner hereof; THENCE S72 °14'24 "W, 175.0 feet to'the'Southwest corner hereof;. THENCE N17 °45'36 "W, 50.0 feet to the POINT OF BEGINNING of this described temporary construction easement containing 8,750 square feet or 0.201 acres of land. EXHIBIT "I" Page 1 of 2 u01.1422PAGE5O SKETCH' OF A TEMPORARY CONSTRUCTION EASEMENT .P346&O )PO•.N /3 .41. //OL. 853, Pd. •5 A✓47 - 6,P 7PEgTMEA/7 PLL(/T ,f /7 </71 ° /4'7 ,1 "e /75.OD 7'1WPO.PA.PI/ eZW,,S'T•PUCT /DA/ $ E,4sEME• • h 9, 75 372- /a.ra"&' /7<D0' rE/A,f L.P//S//EO ST Wd 2023. 28 AG' r.PACf J 7OC. 8847, •°0. G 38 EXHIBIT "I" Page 2 of 2 61kW /B /r "A 3//EEr 7 Of 2' AAP /L 7, /986 ,/O8 .t/0. /03. 9 9 Haynie & Ka!lintan t4 e. CONSULTING ENGI - E'RS 1 I06'Sauth''hlay r. Round !Roti1c 'Tirau '.B'664 (5I2)f255=17661 voi 1422 PAGE 502 - THECITY OF ROUND ROCK 214 E. Main St. • AC 512- 255 -3612 • Round Rock, Texas 78664 "GOOD LIVING WITH A PROUD HERITAGE" MINE ROBINSON Mayor MKE REtLIGENSTEIN Mayor P.o.tem '.OUNCIL MEMBERS 'ETE CORREA RONNIE JEAN ~ARLES CULPEPPER TRUDY L. LEE GLENN KING JACK A. IIARZKE Cny Manage, CON WOLF Gay Attorney DAN R. MCNERY Myn Judge W. B. Snead Texas Crushed Stone P.O. Box 1000 Georgetown, Texas 78627 -1000 Re: Water & Wastewater Serviceability Land Use: Mixed Use Dear Mr. Snead: August 28, 1986 This letter is to confirm the City of Round Rock's commitment for water and wastewater service for your property located within the City's ETJ. Specifically: 1. 1,000 Living Unit Equivalents (L.U.E.$) will be reserved for your use in both the Chandler Creek Wastewater Interceptor and the 42" Water Transmission Main. 2 water supply and Wastewater treatment will be made available in the following manner: a. Plant capacity may be committed in accordance with normal subdivision plat procedures. b. If reservation of plant capacity is sought prior to plat approval and uncommitted capacity is available, reservation will be made upon payment of the then applicable fees. c. If reservation of plant capacity is sought prior to plat approval and uncommitted capacity is not available, the City will construct and /or provide the requested capacity within eighteen (18) months of such request. The request must be in writing and include provision for payment of applicable fees. EXHIBIT "C ", Page 1 Page 2 W.B. Snead Texas Crushed Stone August 28, 1986 3. "Applicable fees" for the purpose of this letter includes any fee adopted by the City of Round Rock for the purpose of providing water and wastewater plant and line capacity, including but not limited to, the water service fee, sewer service fee and oversize fees. 4. This service commitment is subject to and Texas Crushed Stone shall be entitled to the benefit of all applicable municipal ordinances and regulations. The commitments contained in this letter constitute a portion of the consideration passing to Texas Crushed Stone in exchange for an easement for the 42" Water Transmission Main across its property. If the Department of Public Works can be of any assistance, please do not hesitate to contact me at 255 -3612. Sincerely, STATE OF TEXAS COUNTY OF WILLIAMSON 1 hereby certify that this Instrument was FILED on the date and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the named RECORDS RDS of Williamson on County, Texas, as stamped SEP.1 ISM Aleieds• COUNTY ERK WILLIAMSON COUNTY, TEXAS EXHIBIT "C ", Page 2 es R. use, P.E. ctor of Public Works VIOL 1422PAU503 Tr ,n ' O rn - v T 0 Tr rn jQ cp p n x 1. ,., 'x 7 i+�rgj +r�,pswF�=-'_•". $,,. /' � '� �&e "��,;„'��:��ttr ivy,:,". !�,es�N�at IR Am b RR �. Am 11.ob CQUNTY Cl_ �K � 4 u , MAr �s 1 _ - PIPE LINE LICENSE (f / / .1 THIS' INSTRUMENT. executed in duplic le, . 14 . Witnessed': The undersigned (anicr hereby grants. but on solely the herein exprewed terns and conditions, and the undersigned Licensee City of Round Rock ). to be addressed at 214 E. Main St., Round Rock, Texas 78664 (show whetlser as Individual, n.)annen. or rertorton and mute wherdn faowpesatee) an incorporated c hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying water the Licensee's ( certain ( proposeed continuous line of or wining) concrete steel cylinder pipe 24 in diameter, and appurtenances, including carrier pipe , herein called Pipe Line, on the Camera property, herein called Premises. Pipe Line will be used to provide water for municipal services. • ductile iron Pipe Line shall intersect Carrier's existing main line track ,in Round Rock orSeetion ((rack w Haut d way) • ' , R. Williamson County. Texas , at or near Hwy. 1431 . (bounty or Panel.) (maw) linnet) Approximate location of Pipe Line is indicated by heavy solid line on Exhibit A attached hereto as part hereof. 1. Licensee shall al all times keep Pipe Line in gond state of repair. All work by Iicensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as made at any time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least three and one /ha I f 4tn,rwn,Fonedn,lf feel below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for anything infl anmublr , 10 tint sullst: iallc 1 Exhibit 11 at tachcrl hr•retu as part hereof. Said things, including the time and manner of doing any work, each shall eon(orm to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or du, and Licensee shall par and bear the cosi of, anything which, herein required of Licensee at anv time, either shall not be furnished or done within ten Jays following Carrier's writ en request therefor or shall be undertaken by Carrier at Licensees request: and Licensee on request shall in advance deposit with ('artier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the didercu s: if sore, Carrier shall repay difference. F,iren.sei- when- yet•lrrning this-license {signed}ttlnr l pry- rrrearicr Mir - dollar facrorrsar«ltttih Any other payment shall be mode oil bird uw,nt, days following receipt of hill. Llrensee Shall pay cosi to Carrier for all lainir, including wages of foremen, plus 10',4 to corer supervision and accounting, pins vacation allowances, paid holidays and health anti welfare benefit pry mints applir. to said labor, Carries cost price of all materials f. o. b. C'arver's rails: plus l0';u to rover handling and tit-counting. plus freight at tariff 10 paint of use, and excise taxes applicable to said labor and materials. Catadecca}sonasc4auth-tads1is- ehaeuerua: yea. imu1'ipvJ.ino-whihwrwing.A.- s.. 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), lows and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use. existence or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused. 3. Term hereof shall begin with April 30 , 14 , and continue thereafter until concluded (1st) by expiration of thirty days following serving, by Licensee on Carrier, or vice versa, of written notice of intention to err.rt term hereof or (2nd), at Carrier's election without further notice by expiration of six months without the Pipe Line having been installed or by Licensee failing (a -l) to cure any default or (a -2) to show statutory right to install Pipe Line within thirty days following Carriers written request therefor. Any notice of Carrier shalt be deemed served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenant herein shall inure to or bind each party's heir, legal representatives, successor, and assigns; provided: no right of Licensee shall be trans feered or assigned, either voluntanh•, or involuntarily. except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any subsequent default. WJTxessES: ATTEST: (A IX SEAL) Wr reosos: Attest: ty Secretary Maybr Ify Ace Cartier. Scats moor ben:•• CITY OF ROUND ROCK (tied) As Yommee. second cut) berefn A .`H` FRAME LCRA ELEC. POWER LINES GEORGEW+WN RAILROAD.) BORE 765 760 755 750 60` RAILROAD RAW 63 , SCALE: I" = 50' 1- M. 1431 1111•11111111111111Nra1 !YOM ►`1N11�1'!11,11rr — , — r .1 �111 Mika A c l i ss - __sslta sir. ar =ea: mu1g -emm1 a rP• / miuumnanimm im mosis aatti a isam ommom ..�....IMIr-, Mr U.. .10•.NMr. t11 r1r r1111'�YK 1��.1�1 PROPOSED 24" CSC. W.L. POWER POLES POWER LINES 64 STA. 64 +25 1 -5 1/4" FIRE HYDRANT ASSEMBLY Ole OAK ...�. —, ... `` '.:li_. t Rs.: E v`�l. Y STA. 63+05.17 • RT. 89° 1 -24" TEE 2 -24" BUTTERFLY VALVE I— J.T. 24" D.I. PI w/ PLUG 65 +00 Co uncil man Jean Councilman Culpepper Councilwomen Lee F C ON: The :°-NpNoneor Pro t Hcried ^ammo s1 � Y. e res In o�orizin the r a to i therta rer wate and wastewater ,crushed ^e o ° enter r a re cements the City currently has eability This Na9re me made a Presentatm nt ow e nt WH EREAS, is s °F 1 and 0eor q� , tow RES similar h ° W E E an WHEREAS, or et own, a i is /r� sated withi d 'o^ and the Wh E roses the Round d Texas Crushed City °P agreed ao A S ' Ge Ptowh Rai/road kook has th e ETU OF Sto ne are t BE 1T grant an easement Railr Corporati s Planned th e Cit he RESOLVED °ad a new OF said City the Mayor THE COUNCIL certain conditions: CGushed Stone transmission F Round Y Agreement is UN L OF -ai ntli a ex 1 Pur said ggreP eement wit hereby authorized THE CITY t� °ns; N° as Crush he lend in e RESOLVED Agreement being h Geor geto wn and directed ROCK, o er cut Crushed Stone he and this 1' 4 attached e Rai lroad d arh ected TEXAS have t h d ay of August, and id T exas execute S on P ehalf of t, he rein F a COPY ATTEST: all JOANNE LAND City ,ecr ' ;ara '.. --. MOTION MO he Councilmen k n mo se conded v0 T E_ NlkE ROgr Ci ty of Round R ckor Te Pd to accept the resolution. Ayes: Counc loran C orre a Councilman king Coun cilma n Co rrea i ATTEST: voi 1190 PAu 622 nne Land, City Secretary ATTEST: A 1p Al a MEMORANDUM OF CORRECTION 20018 WHEREAS, heretofore, Mike Robinson, Mayor of the City of Round Rock, Texas, W. H. Campbell, Lee Fulkes, and W. B. Snead Executive Committeemen of Texas Crushed Stone Company and C. R. Turner, President of Georgetown Railroad Company executed a Contract and Agreement Extending Industrial District dated February 14, 1985, and recorded in Volume 1162, Page 406, Deed Records, Williamson County, Texas, and WHEREAS, such agreement was filed for record with an incomplete set of field notes attached, NOW THEREFORE, it is agreed between the undersigned as follows: I. A complete Contract and Agreement Extending Industrial District, including all field notes, is attached as Exhibit A hereto. II. By this Memorandum of Correction the parties hereby agree to file the complete Contract and Agreement Extending Industrial District as attached in Exhibit A for recording in the Deed Records of Williamson County, Texas. EXECUTED ON THE ,23 DAY OF Mai , 1985. i CITY OF ROUND ROCK Mike Robinson, Mayor TEXAS CRUSHED STONE COMPANY OFFICIAL RECORDS WIWAMSON COUNTY, TEXAS ATTEST: GEORGETOWN RAILROAD COMPANY STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this Q 23 day of #141. , by Mike Robinson, a,or of t - City of Round Robk. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument of /fir— W. B .,,• R .,'' S.., f Texas , . ,.( 4 _ , ODELL R. FASKE COMMISSION EXPIRES 9-30-88 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this 9-- day of y , (qgS- , by C. R. Turner of Georgetown Railroad Company.T NO SEAT C. R. T i0111.90 PL 623 Printed Name of Notary My commission expires: /2 was acknowledged before me this /p z day , by W. H. Campbell, Lee Fulkes, and Crushed Stone Company. Notary Public, State of Texas OIe,? 4 FaJkle Printed Name of Notary My commission expires: i/s94y daJ U na,, a J 9, Notary Public{ Htate of Texas State L a V Lo, Ne. Printed Name of Notary My commission expires: 0489 1190 F'^.= 624 . inl 116211+1406 CONTRACT AND AGREEMENT EXTENDING INDUSTRIAL DISTRICT �'C�- �"t:a� WHEREAS, heretofore, the City of Round Rock, Texas, hereinafter referred to as 'City' entered into an agreement with the Westinghouse Electric Corporation, such agreement having been executed on the llth and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and WHEREAS, said agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, Texas Crushed Stone Company, hereinafter referred to as 'TCS' and Georgetown Railroad Company, hereinafter referred to as 'GRR' purchased on 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, and WHEREAS, TCS and GRR have jointly made a gift of $300,000.00 to the City, Now Therefore IT IS AGREED BETWEEN THE UNDERSIGNED as follows: I . For and in consideration of the gift of $300,000.00 previously mentioned, the City grants an extension from December 21, 1985, to December 21, 1992, of the Industrial District status previously granted Westinghouse Electric Corporation on the portion of the property that TCS and GRR purchased from Westinghouse as described in Exhibit A. II. Except as otherwise stated herein, TCS and GRR agree that at any time when requested by the City, they will file with the City a written petition and request for annexation of all property not previously annexed and described in Exhibit A hereto. OFFICIAL RECORDS WILUAMSON COUNTY TEXAS EXHIBIT "A" Page 1 of 16 EXHIBIT "A" Page 2 of 16 v011190- 625 1162 PALE 407 III. TCS and GRR further agree that should they develop or sell for development all or any portion of the land described in Exhibit A, such portion developed or sold for development shall be subject to immediate annexation and that the owner of said property shall petition the City for immediate annexation. It is further agreed that the owner of any portion so sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll -back taxes, that would have been payable had that portion of the property been annexed into the City on December 22, 1985. As used herein, the term 'develop' shall mean putting the property to any use except agricultural or limestone mining or directly related activities. IV. As an additional assurance to the City that the property shown on Exhibit A shall be annexed when sold for development, developed, or at the expiration of the seven (7) year extension, in addition to the petition referenced above, TCS and GRR herein requests annexation by the City in this contractual agreement, with the condition precedent to such request that it not be acted on prior to the property or portion thereof being sold for development, or developed or prior to the expiration of seven (7) years from December 21, 1985. In the event for any reason the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement. vrn 1190 Ai 1162136E 408 Date: LIttura,t ' V. The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the property described in Exhibit A. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the existing City Council and under which appropriate jurisdiction is had for the matters contained herein. VI. The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas. - VII. If any word, phrase, clause, paragraph, sentence, part, portion or provision of their ordinance and /or contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the ordinance and /or contract shall nevertheless be valid and TCS, GRR and City hereby declare that this ordinance and /or contract would have been entered into and enacted without such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions. EXECUTED in multiple originals on the dates indicated below. A EST: CITY OF ROUND J OC NO SEAL .nnd 7/f4 , B . Jeanne Land, City Secretary EXHIBIT "A" Page 3 of 16 Mike Robinson, Mayor Date: c2- /5 -/5" ATTEST: Date: STATE OF TEXAS STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON TEXAS �CRUSSHED StA By - I4/0V. . COUNTY OF WILLIAMSON 's instrument was acknowledged before me this /� TN day of .t h t1:1142A.r , by Mike Robinson, Mayor of the City of Round Rock. o of yi instrument was acknowled ec5 before this da by of .Texas Cru ed Stone Company. Th nstrument was acknow edg -d b-f of , by - ,a F7- 2.0 of Georgetown ilroad Company. EXHIBIT "A" Page 4 of 16 VII 11 90 Y 627 1162614 409 GEORGETOWN RAILROAD COMPANY 41:14 /65e,‘ NofarA Public,_State of Texas Printed Name of Notary My commission expires: /9/ N444 Publ' , State of t islnlE jyf Printed Name of Notary My commission expires: 64/84 Texas e t!is '_ — Notary , State ate of Texas s ioAie 3rJ 27 4 Printed Name of Notary My commission expires:/v�i /i(o ni 1190 pa 7 628 D. 1162 ` 4, 1 410 Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract IIA consisting of 260.39 acres. EXHIBIT "A" Page 5 of 16 TRACT IA EXHIBIT "A" Page 6 of 16 1190 NA`, 629 vol 1162rAct 411 Field notes describing 875.68 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas; said tract being a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 526.60 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being more particularly described as follows: BEGINNING at an iron pin set for the southeast corner of the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of the Georgetown Railroad; THENCE along the average line of a fence for the south line of the tract herein described the following courses; (1) South 85 54' 42" West a distance of 835.47 feet to an iron pin found; (2) South 69 28' 14" West a distance of 884.18 feet to a cedar post found; (3) South 75 10' 48" West a distance of 88.43 feet to a cedar post found; (4) South 68° 59' 10" West a distance of 2,355.65 feet to a creosote post found; (5) South 70° 38' 31" West a distance of 119.60 feet to a creosote post found; (6) South 68° 46' 58" West a distance of 1,697.08 feet to an iron pin found; (7) South 77 49' 02" West a distance of 78.40 feet to an iron pin found; (8) South 68° 02' 17" West a distance of 1,596.96 feet to an iron pin found; (9) South 69° 01' 04" West a distance of 1,080.90 feet to an iron pin set for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 20° 58' 25" West a distance of 2,698.73 feet to an iron pin set; (2) North 67 45' 45" East a distance of 173.70 feet to an iron pin set; VOL 1190 Jul 1162 PALE 412 •(3) North 21 00' 01" West a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin; for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses; (1) North 70 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced with an iron pin (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73° 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; (3) North 76° 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the right having a chord of 612.99 feet bearing North 79° 41' 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; (5) North 76° 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86° 46' 27" East and a radius of 5.869.58 feet to a 30d nail found and replaced with an iron pin; (7) North 87° 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way of the Georgetown Railroad THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 0° 43'47 " East a distance of 907.61 feet to a 30d nail in a railroad tie found; (2) South 0° 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or less. I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" Page 7 of 16 /1/1" / • rryr oks Ha e �legi red Public Surveyor No. 2154 TRACT IIA EXHIBIT "A" Page 8 of 16 in1 1190 :,; 631 inL 1162 MI 413 Field notes describing 260.39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas: Said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 88.23 acre tract that was conveyed by deed dated September 20, 1971 from Robert L. Bowers, Trustee, and Robert L. Bowers and Carl W. Burnette Individually to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 68, and all of the 27.65 acre tract that was conveyed by deed dated August 3, 1971 from Marvin H. Parker and wife, Ruth W. Parker to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 449, page 391, and all of the 17.93 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife, Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being the southeast corner of the above said 88.23 acre tract conveyed to Westinghouse Electric Corporation, and in the west right - of -way line of Interstate Highway 35; THENCE along the south line of the tract herein described the following courses; (1) South 80° 46' 40" West a distance of 112.73 feet along a fence to an iron pin set; (2) North 20 14' 48" West a distance of 400.71 feet along a fence to an iron pin set; (3) South 85 53' 09" West a distance of 1,650.58 feet to an iron pin set for the southwest corner of the tract herein described, said southwest corner also being in the east right -of -way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 0° 51' 14" West, a distance of 6,445.92 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described North 89 02' 16" East, a distance of 1,648.58 feet to an iron pin found for the northeast corner of the tract herein described, said northeast corner also being in the west right -of -way line of Interstate Highway 35; at 1190 Pay 632 .N 1162 PAL! 414 THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2° 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2° 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found; (3) 597.76 feet along a curve to the left having a chord of 596.70 feet bearing South 8° 01' 07" East a radius of 2,914.8 feet to a Texas Highway Department monument found; (4) 381.42 feet along a curve to the right having a chord of 380.75 feet bearing South 8° 00' East and a radius of 1,859.9 feet to a Texas Highway Department monument found; (5) South 2° 12' 52" East a distance of 187.22 feet to a Texas Highway Department monument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South 15 59 02" West and a radius of 523.0 feet to a Texas Highway Department monument found; (7) 968.37 feet along a curve to the left having a chord of 905.19 feet bearing South 1° 55' 53" East and a radius of 766.2 feet to a Texas Highway Department monument found; (8) 331.15 feet along a curve to the right having a chord of 325.65 feet bearing South 20° 13' 10" East and a radius of 523.0 feet to a Texas Highway Department monument found; (9) South 2° 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2° 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, more or less. I, Jerry Brooks Hale a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the -around survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" Page 9 of 16 rooks Hale ered Public Surveyor Ho. 2154 FILED cv „ 4` t.'... ' ., nil L' STATE OF TEXAS COUNTr Op AIUO M:, 4 tc7 f hereby certify that this Instrument was FILED 91 3 on the date and at the time stamped duly RECORDED, in bereft Volume .140 named RECORDS of Williamson as sbmped hereon by me, on PR .9 1985 w COUNT ISf CLERK K A$ F-i 1. co O Description of two tracts of land, being Tract I consisting of 2,023.28 acres and Tract II consisting of 35.23 acres. EXHIBIT "A" Page 11 of 16 1 1190 PA 633 VDI 1190 pAv 634 TRACT I Field notes describing 2,023.28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas; said tract being all of the 1,474.684 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and being more particularly described as follows: BEGINNING at an iron pin found for the most easterly northeast corner of the tract of land herein described, said corner,alsgfbeing the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad South 7° 00' 06" West a distance of 422.97 feet to an iron pin found, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56; THENCE along the north line of the above said City of Round Rock tract South 72° 14' 37" West a distance of 1,016.96 feet to an iron pin found for the northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of Round Rock tract South 17° 47' 23" East a distance of 652.19 feet to an iron pin found for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round .Rock tract North 72° 14' 24" East a distance of 719.90 feet to an iron pin found for . the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 4° 18' 56" West a distance of 65.18 feet to an iron pin found (2) North 67° 51' 47" East a distance of 11.14 feet to an iron pin found; (3) South 6° 23' 45" West a distance of 955.07 feet to an iron pin found; (4) 1,504.16 feet along a curve to the left having a chord of 1,503.15 feet bearing South 3° 09' 58" West and a radius of 11,489.59 feet to an iron pin set; EXHIBIT "A" Page 12 of 16 vm 1191) FRGL 635 .(5) South 0 51' 01" East a distance of 407.61 feet to an iron pin found; (6) South 0° 51' 14" East a distance of 2,695.35 feet to a 30d nail found and replaced with an iron pin for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described the following courses; (1) South 87° 57' 18 "_West a distance of 124.22 feet to a 30d nail found and replaced with an iron pin; (2) 224.69 feet along a curve to the left having a chord of 224.68 feet bearing South 86° 46' 27" West and a radius of 5,869.58 feet, to a 30d nail found and replaced with an iron pin; (3) South 76° 48' 34" West a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the left having a chord of 612.99 feet bearing South 79° 41' 43" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (5) South 76° 44' 56" West a distance of 7,502.43 feet to an 30d nail in rock found; (6) 652.77 feet along a curve to the left having a chord of 652.44 feet bearing South 73° 32' 09" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (7) South 70° 15' 54" West a distance of 492.06 feet to a 30d nail found and replaced with an iron pin for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 21° 02' 58" West a distance of 3,679.56 feet to an iron pin set; (2) North 69° 49' 35" East a distance of 1,000.42 feet to a cedar post in concrete found; (3) North 20° 28' 58" West a distance of 1,211.02 feet to an iron pin found; (4) North 20° 42' 10" West a distance of 4,877.31 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the average line of a fence for the north line of the tract herein described the following courses; (1) North 69 17' 01 "East a distance of 2,187.71 feet to a cedar post found; (2) North 69° 04' 40" East a distance of 1,959.87 feet to a cedar post found; EXHIBIT "A" Page 13 of 16 1190 PAC[ 636 (3) North 69 02' 20" East a distance of 2,021.65 feet to an iron pin set for the most northerly northeast corner of the tract herein described; THENCE along the average line of a fence for the east line of the tract herein described the following courses; (1) South 5° 27' 36" East a distance of 1,552.71 feet to a dead 36 inch Pecan tree; (2) South 18° 09' 07" East a distance of 110.14 feet to a 2 inch drill stem found; (3) South 87° 44' 21" East a distance of 44.64 feet to an iron pin found; ' (4) South 12° 11' 05" East a distance of 200.03 feet to an iron pin found; (5) North 79° 31' 55" East a distance of 50.27 feet to an iron pin found; (6) South 23° 22' 39" East a distance of 3,040.24 feet to an iron pin set; THENCE along the average line of a fence for the north line of the tract herein described the following courses; (1) North 68° 59' 48" East a distance of 1,079.76 feet to a cedar post found; (2) North 51° 30' 13" East a distance of 43.49 feet to a cedar post found; (3) North 69° 15' 35" East a distance of 2,235.63 feet to an iron pin found; (4) North 80° 08' 33" East a distance of 47.20 feet to an iron pin found; (5) North 69° 29' 12" East a distance of 341.55 feet to an iron post found; (6) North 69° 17' 27" East a distance of 1,033.48 feet to a cedar post found; (7) North 68° 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 2,023.28 acres, more or less. I, ,ferry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. ti 'AP JERRY BROOKS HALE • 2154 .Q - SET lO',�O ,re rry doks Da ,•;/ RenySXered Public 'Surveyor No. 2154 . , / / / EXHIBIT "A" Page 14 of 16 TRACT II VOL 119u P. ,. 637 Field notes describing 35.23 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas: said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed Records in Volume 537, page 93, and being more particularly described as follows: BEGINNING at an iron pin found for the northwest corner of tract herein described, said corner also being the northwest corner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475, page 41, in the Williamson County Deed Records, and also being in the east right -of -way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87° 21' 23" East, a distance of 965.37 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 56.85 feet along "a curve to the right having a chord of 56.84 feet bearing South 34° 18' 25" West and a radius of 1,095.9 feet to a Texas Highway Department monument found; (2) 1,023.42 feet along a curve to the left having a chord of 949.02 feet bearing South 2° 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument found; (3) 365.13 feet along a curve to the right having a chord of 363.44 feet bearing South 30° 49' 05" East and a radius of 1,045.9 feet to an iron pin in concrete found for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described South 72° 11' 19' West, a distance of 1,424.52 feet to a concrete monument set for the southwest corner of the tract herein described, said corner also being in the east right -of -way line of the Georgetown. Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 6° 37' 05" East, a distance of 1,144.23 feet to the Point of Beginning and containing 35.23 acres of land, more or less. EXHIBIT "A" Page 15 of 16 VOL 1190 PAGE 638 I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on the ground survey made under my direction on the 29th day of June, 1982. r JERRY BROOKS HALE FILED 1 F,^�� FL_, CORD Tx. tIAY 29 P1 2: 35 rooks ale tered Public Surveyor 2154 EXHIBIT "A` Page 16 of 16 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED on the date and at the time stamped hereon an me; age of was duly of the County, Texas, as stamped hereon by me, on MAY 3 0 1985 'C COUNTY CLERK COUNTY,