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R-89-1236 - 2/9/1989WHEREAS, the City has published notice of its intent to sell or exchange a future interest in favor of the City on a 2.780 acre tract of land in the P. A. Holder Survey in Williamson County, Texas, and WHEREAS, the Old Settler's Association of Williamson County, Texas, has submitted a Bid to Exchange approximately 70 acres in fee simple of real property located in the P. A. Holder Survey, Williamson County, Texas, for the above - described future interest, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is authorized to execute on behalf of the City the Special Warranty Deed attached hereto and incorporated herein conveying said future interest to the OSA in exchange for a Warranty Deed from OSA conveying to the City approximately 70 acres located in the P. A. Holder Survey in Williamson County, Texas. RESOLVED this 9th day of February, 1989. ATTEST: NE C37RES2780A LAND, City Secretary RESOLUTION NO. MIKE ROBINSON, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF ROUND ROCK, TEXAS, a municipal corporation, ( "Grantor ") for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other valuable consideration to said Grantor paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, EXCHANGED AND CONVEYED and by these presents does GRANT, EXCHANGE AND CONVEY unto THE OLD SETTLER'S ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas Non - profit Corporation ( "Grantee "), a future interest in favor of the Grantor in the following described real property in Williamson County, Texas, to -wit: That certain 2.780 acre tract of land out of the P.A. Holder Survey, Abstract No. 297, in Williamson County, Texas, and being a portion of that certain 425.540 acre TRACT I, as described in deeds to the City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to the Old Settler's Association of Williamson County, Texas, recorded in Volume 1300, Page 492 of said Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference for all purposes; TO HAVE AND TO HOLD that future interest in favor of the Grantor 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 binds itself, its successors and assigns, to warrant and forever defend all and singular the future interest in favor of the Grantor in the above - described premises unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under it, but not otherwise. The consideration for the conveyance effected by this deed has been paid by Grantee to Grantor by Grantee's conveyance to Grantor by warranty deed of even date herewith of certain real property in Williamson County, Texas. Executed this STATE OF TEXAS COUNTY OF WILLIAMSON KATHY STEGMAN MY COMMIS9ON EX °IVES July 26, 1995 C37DEEDWAR2 day of !Al_ THE CITY OF ROUND ROCK, TEXAS By: 19 Si. MIKE ROBINSON, Mayor Thiy1 ,instrument was acknowledged before me on this 9 i day of Rock, Texas. , 19 R9 by Mike Robinson, Mayor, City of Round Notary Public State pf Texas Printed Nam My Commission Expires: FIELD NOTES FOR 2.780 ACRES EXHIBIT "A" PAGE 1 OF 2 FIELD NOTES describing a 2.780 acre tract or parcel of land, in the Prior A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being a portion of that certain 425.540 acre TRACT I, as described in deeds to The City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County. Texas, and to The Old Settlers Association of Williamson County. Texas, recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the north right -of -way line of U. S. Highway No. 79, being the southeast corner of the remainder of that certain 46.838 acre tract of land conveyed to James M. Foley, et ux, by deed recorded in Volume 603, Page 174 of said Deed Records, also being the most southerly southwest corner of said 425.540 acre TRACT I, for the southwest corner and POINT OF BEGINNING of the hereinafter described tract: THENCE along the west line of said TRACT I, being an east line of the remainder of said 46.838 acre tract, for the west line hereof, NO2 °14'30 "W, 400.00 feet to an iron pin set for the northwest corner hereof; THENCE along the north line hereof, N63 °39'57 "E, 250.00 feet to an iron pin set for the northeast corner hereof; THENCE along the - west -line hereof, S26 °20 "E, 365.16 feet to an iron pin set on the north right -of -way line of U. S. Highway No. 79, for the southeast corner hereof; THENCE along the north right -of -way line of U. S. Highway No. 79, for the south line hereof, S63 °39'57 "W, 413.28 feet to the POINT OF BEGINNING of the herein described tract, containing 2.780 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 7th day of December, 1988. All corners located are as described. rt: I STEVEN D. KALLMAN HAYNIE, KALLMAN & GRAY, INC. Steven D. Kallman, Registered Public Surveyor No. 3337 /2 -7 -91- Date Job No. 103 - 2284 -6 -1 DATE: February 7, 1989 SUBJECT: Council. Agenda, February 9, 1989 ITEM: 9G. Consider a resolution authorizing the Mayor to execute a Special. Warrant Deed releasing the City's future interest in the 2.780 acres of Old Settlers Park at Palm Valley. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: This Special Warranty Deed releases the City's future interest in the 2.780 acres. The City will exchange this deed for the 71± ac. deed. Staff recommends approvaL ECONOMIC IMPACT: The value of the 71 acres is estimated between 1.1 and 1.2 million dollars. VOL f 60 AG14 8 THE STATE OF TEXAS COUNTY OF WILLIAMSON That the CITY OF ROUND ROCK, TEXAS, a municipal corporation, ( "Grantor ") for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other valuable consideration to said Grantor paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, and for which no liens are retained and all liens respecting such considertion are expressly waived by Grantor,has GRANTED, EXCHANGED AND CON` ''ED and by these presents does GRANT, EXCHANGE AND CONVEY unto TP 1 ETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas Non- - all of Grantor's right, title ant' interests (herein called the "Futu the City of Round Rock, Texas in deed dated January 14, 1986, exe Texas Limited Partnership, tr of the Deed Records of William That certain 2.780 Holder Survey, Abs' Texas, and being TRACT I, as de' Texas, recorder' Records of ' Settlers As in Volume County, metes incorr TO HAe in the abov, rights and ap_ Grantee, its at, itself, its succeL and singular the _ above - described prep. assigns, against ever claim the same or any pa_ otherwise. STATE OF TEXAS SPECIAL WARRANTY DEED • • • • COUNTY OF WILLIAMSON •• 672 8 KNOW ALL MEN BY THESE PRESENTS: noration ( "Grantee "), 'n and to the future ' eated in favor of &bed property by '- Shafer #22, a 1 00, Page 496 eed Old .corded .Lliamson ,cribed by Hereto and as; favor of the Grantor Al all and singular the velonging, unto the said :ver; and Grantor binds rant and forever defend all favor of the Grantor in the Grantee, its successors and aoever lawfully claiming or to by, through, or under it, but not The consideration for .e conveyance effected by this deed has been paid by Grantee to Grantor by Grantee's conveyance to Grantor by special warranty deed of even date herewith of certain real property in Williamson County, Texas. Executed this au day of 19( THE CITY OF ROUND ROCK, TEXAS By: • MIKE ROBINSON, Mayor A. T is instrument was acknowledged before me on this day of , 5l kcrae,/ , 19 gq , by Mike Robinson, Mayor, City of Round Rock, Texas. COT- .)I Uwe. hi 1, C37DEEDWAR2 heyAdd dooka& Notary Public State of Texas Printed Name: ' l1 )!yk eQrJ -i/ My Commission Expires: )--q) OFFICIAL RECORDS 1:ILLIA,.1SON cou; iy. TEXAS 111:LD NoTrS describing a 2.711n ncre tract or parcel of land. In the Prior A. holder Survey, Abstract No. 291, situated in Williamson Comity. Texnn. being a portion of that certnin 425.540 mere TRACT 1. nn described In deeds to The City of Round Rock, Texan. recorded in Volume 1300. Page 409 of the Deed Records of Williamson County. Texas, and to The old Settlers Aseoclntlon of Williamson County, Texnn, recorded in volume 1100, Pnge 496 of said Deed Records, and being mote particularly described by metes and bounds an follower I16t11DHINW at an iron pin found on the north right -of -way line of U. S. IItgl,wey IIo. 79, being the southeast corner of the remainder of that certain 46.830 acre tract of land conveyed to dames I1. Foley, et ux. by deed recorded in volume 603, rage 174 of said Deed Records. oleo being the most northerly southwest corner of said 425.540 acre TRACT 1, for the eouthwent corner and POINT OF BEOiINIHO of the hereinafter described tract, THENCE nlong the went line of said TRACT 1, being an east line of the remainder of Wald 46.830 nose ttnct, for the west line hereof, I "w, 400.00 feet to an iron pin set for the northwest corner hereof, 1'IIr.I10E along the north line hereof. 1 163 ° 39'57 "E. 250.00 feet to an 1ton pin set for the northeast corner hereof, :; 77tr11Cr ntonn the line hereof, P26 ° 20'03 'E, 365.16 feet to on lion pin net on the north right -of -way line of U. S. Highway No. 79, for the southeast corner hereof, TnINCE nlong the north right -of -way line of U. S. highway No. 79, fnt the mouth line hereof, 063 °39'57 "W, 413.28 feet to the PDI.tIT Or Itro11011110 of the herein described tract. containing 2.780 acres of lard. 1, Steven D. Kaltman, a REt31S'I'ERED PUBLIC SURVEYOR, do hereby certify on survey made tunderamyud irectiornrnttdesuperv1tloesot + 7t day of December, 1988. All corners located ate an described. HAMS, KALLMAII & DRAY. INC. u 3331 .h4 ? FIELD Ho7'ES FOR 2.780 ACRES Stever, U. Kaltman, Registered Public Surveyor Ito. 3331 bate Job Ito, 103- 2284 -6 -1 VOL 1760m,[479 STATE OF TEXAS COUNTY OF !PILL IAMSON I hereby certify Ihat this Instruwen! -ras FLED on the date and at the lime s! °inn! ri '•creln by me: and was duly RECORDED :, ihe' /;tinnle and Page of the named RECORDS ,' Wrlliamson County. Texas, as stantpos ilerena •!s re. on +NAR 1 3 7989 � nii u�p t l *) 1c. LL 1 S9 / ,1.; -irce � ` COUNTY CLERK 1/ VJILLIAMSON COUNTY, TEXAS EXHIBIT "A" 6728 FILED FOR RECORD ?Mr IA vs T Y. TX. 1939 MAR 1 0 f 4: 46 5 r,ntINTY r.1 FPv. STATE OF TEXAS C38DECLARAT - 4011 ' 7 60 PK�E 4 68 COUNTY OF WILLIAMSON DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECITALS 6726 WHEREAS, The Old Settlers Association of Williamson County, Texas, hereinafter called OSA, is or will be the owner of all that certain real property ( "the Property ") located in Williamson County, Texas, more fully described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, it is the intent of the City of Round Rock to zone the Property C -1 ( "General Commercial "); and WHEREAS, it is the intent of the OSA to restrict development of the Property to uses which are compatible and supportive of the Old Settler's Park at Palm Valley ( "the Park ") and the adjacent OSA development through a designation of certain covenants, conditions and restrictions on the Property; NOW THEREFORE, it is hereby declared that all the Property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall run with the land and shall be binding on all parties, their heirs, successors or assigns having any right, title, or interest in or to the Property or any part thereof. ARTICLE ONE USE RESTRICTIONS 1.01 Any use of the Property shall be confined to those uses which are compatible with the Park. Specifically, the uses of the Property shall be limited to the following: Museums or art galleries Nursing homes Camp grounds Community Centers Churches Gift shops Restaurants Hotels or motels Sporting good store Day care centers Theatres Public Stables OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0 2 . VOL1l6OPACE469 Convenience stores w /gasoline pumps Bank Medical clinic Local and general retail, except automotive retail Professional offices, or Any public or private recreational use which is not dangerous or offensive to the public at large. 1.02 No use other than those uses listed above shall be permitted on the Property. If any other use is desired by OSA or its successors or assigns, they shall notify the Director of Parks and Recreation of the proposed use, and request an amendment to this Declaration from the City Council of Round Rock. 1.03 Notwithstanding the above, no use shall be permitted which would create any dangerous, injurious, noxious, or otherwise objectionable noise, glare, smoke, dust, heat, or other forms of air pollution, liquid or solid refuse or waste, or other substance or condition which would negatively affect any use within the vicinity. 1.04 No structure of a temporary character, trailer, mobile home, shack, garage or other outbuilding shall be erected or used on the Property, either temporarily or permanently. 1.05 No signs or billboards of any character shall be allowed on the Property except those signs which would be allowed under the Code of Ordinances, City of Round Rock. 1.06 No building, wall, fence, landscaping and grading, parking, utilities, signs, or any other improvement shall be erected, altered, modified or placed on the Property until a construction plan and specification thereof showing the location of any of the above have been submitted to the Director of Parks and Recreation of the City of Round Rock for his or her approval. If the owner is unable to obtain the approval of the Director, he may appeal the matter to the City Council of Round Rock. 1.07 Notwithstanding anything to the contrary, the OSA or its successors or assigns shall comply with all applicable ordinances of the City relative to the development of property, and the OSA, its successors or assigns are solely responsible for the cost of delivering any and all utilities to the Property. 1.08 Any and all structures erected on the Property shall be constructed using native stone, brick, or other similar material. VOL1 / VOPAGE4 iO The following materials are specifically prohibited: concrete block, bonded stone aggregate material, metal wall panels, reflective glass, stucco and pressed fiber wall board. ARTICLE TWO ENFORCEMENT 2.01 The City of Round Rock shall have the right to enforce, by any proceeding at law or in equity, all covenants, conditions or restrictions now or hereafter imposed by the provisions of this Declaration. Failure to enforce any covenant, condition, or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2.02 The invalidation of any of the conditions, covenants or restrictions of the Declaration by judgment or court order shall in no way affect any other provision, and all other provisions shall remain in full force and effect. 2.03 Notwithstanding any of the foregoing, the City shall have the right to waive or amend any of the provisions as set out in the Declaration. ARTICLE THREE AUTHORIZATION 3.01 This Declaration and all of its provisions have been approved by the OSA, and the OSA has authorized its President to execute this Declaration on behalf of the OSA. Executed this day of Aec'/,ezP�C,V , 1989. THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS ATTEST: As s+ . ; Secretary By: 3. VERNON A. WALTON, President STATE OF TEXAS COUNTY OF WILLIAMSON voL1760PAer471 This 'nstrument was acknowledged before me on this the Zieday of , 1989, by Vernon A. Walton, President of The Old Settlers Ass cation of Williamson County, Texas, a Texas corporation, behalf of said corporation. Notary Pu�ic, St., of Texas Printed/ame: My commission expires: 4. voL1760PACL472 FIELD NOTES describing a 2.780 acre tract or parcel of land, in the Prior A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being a portion of that certain 425.540 acre TRACT I. as described in deeds to The City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Association of Williamson County, Texas, recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the north right -of -way line of U. S. Highway No. 79, being the southeast corner of the remainder of that certain 46.838 acre tract of land conveyed to James M. Foley, et ux, by deed recorded in Volume 603, Page 174 of said Deed Records, also being the most southerly southwest corner of said 425.540 acre TRACT I, for the southwest corner and POINT OF BEGINNING of the hereinafter described tract; THENCE along the west line of said TRACT I, being an east line of the remainder of said 46.838 acre tract, for the west line hereof, NO2 °14'30 "W, 400.00 feet to an iron pin set for the northwest corner hereof; THENCE along the north line hereof, N63 °39'57 "E, 250.00 feet to an iron pin set for the northeast corner hereof; THENCE along the west line hereof, S26 °20'03 "E, 365.16 feet to an iron pin set on the north right -of -way line of U. S. Highway No. 79, for the southeast corner hereof; THENCE along the north right -of -way line of U. S. Highway No. 79, for the south line hereof, S63 °39'57 "W, 413.28 feet to the POINT OF BEGINNING of the herein described tract, containing 2.780 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 7th day of December, 1988. All corners located are as described. STEVEN D. KALLMAN •o•. 3337 :. O !C .... � FIELD NOTES FOR 2.780 ACRES HAYNIE, KALLMAN & GRAY, INC. /2 -7- Da te Job No. 103 - 2284 -6 -1 V EXHIBIT '41" PAGE 1 OF 2 Steven D. Kallman, Registered Public Surveyor No. 3337 VOLT 6OPAGE4 3 SURVEY PLAT FOR'2.780 ACRES IN THE PRIOR A. HOLDER SURVEY, A -297 WILLIAMSON COUNTY, TEXAS LEGEND © IRON PIN FOUND o IRON PIN SET CATHERINE OVERALL VOL. 339, PG. 178 JAMES M. FOLEY, ET UX / REM. 46.838 AC. VOL. 603. PG. 174 . POINT OF BEGINNING / / S63'39'57 "W 413.28 N63'39'07 "E 250.00 U. S. HIGHWAY 79 (100' WIDE ROW) MISSOURI- PACIFIC RAILROAD (100' WIDE ROW) I, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR. do hereby certify that the plat shown hereon accurately represents the results of an on- the - ground survey made under my direction and supervision on the 7th day of Dec., 1988. All corners located are as shown. 7,5 °mss_ 4 .STEVEN 0. KALLMAN' D .0 3337 .. 0 TRACT I — 425.540 AC. THE CITY OF ROUND ROCK. TX. VOL . 1300. PG. 4B9 THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TX. VOL. 1300. PG. 496 EXHIBIT "A" PAGE 2 OF 2 PROJECT N0; 103 - 2284 -6 DESIGNED BY: MEW FILE N0. 103 -2284 P1 DRAWN BY: MEW DATE: DECEMBER 7. 1998 CHECKED BY: SKIP SCALE. 1' - 100 REVISED BY: FlitG IIOVDie h 11 L'L. n s ^ N. TDc. Consulting Engineers • Austin texas VOL17 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument etas FILED on the date and at the time s±emped hereon M —' by me; and was duly RECORDED. in the i'ole1110 Cd ' — and Page of the named RECORDS of Williamson = CO p County. Texas, as stamped hereon by ma. on = C pa ,.,� —: l � 0 f::::) - -x y^ COUNTY CLER F � <6 WILLIAMSON COUNTY, TEXAS m i 0 MAR 1 3 1989 cn THE STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON C37DEEDWAR3 SPECIAL WARRANTY DEED • • • • • • VOL 1160PAGE4l5 6727 KNOW ALL MEN BY THESE PRESENTS: That THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a non- profit. corporation, ( "Grantor ") for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other valuable consideration to said Grantor paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, and for which no liens are retained and all liens respecting such consideration are expressly waived by Grantor, has GRANTED, EXCHANGED AND CONVEYED and by these presents does GRANT, EXCHANGE AND CONVEY unto THE CITY OF ROUND ROCK, TEXAS, a Municipal Corporation (Grantee "), the following described property in Williamson County, Texas, to-wit: That certain 71.110 acre tract of land out of the P.A. Holder Survey, Abstract No. 297, in Williamson County, Texas, and being a portion of that certain 427.956 acre, as described in deed recorded in Volume 1300, Page 496 of the Deed Records of Williamson County, Texas, and being more particularly 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 - 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 binds itself, its successors and assigns, to warrant and forever defend all and singular the above - described premises unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under it, but not otherwise. The consideration for the conveyance effected by this deed has been paid by Grantee to Grantor by Grantee's conveyance to Grantor by special warranty deed of even date herewith of certain future interests in real property in Williamson County, Texas. Executed this p X day of �e Z QG/.4'P / 19jI. THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas non - profit corporation. B Y : J,0 Vernon A. Walton, President This nstrument was acknowledged before me on this ,'2#( day of , 19 ?, by Vernon A. Walton, President of The Old Settlers association of Williamson County, a Texas non - profit corporation, behalf of said corporation. 1_ _ _ `i -'ice Not ary •� - lc, St -= of Texas Printed ame: My Commission Expires: OFFICIAL RrCOZDS Vd1LLIALISOfl COUNTY, TEXAS 0 JOLT I6OPAGE4 l6 FIELD NOTES FOR 71.110 ACRES EXHIBIT "A" PAGE 1 OF 2 FIELD NOTES describing a 71.110 acre tract or parcel of land, in the Prior A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being a portion of that certain 425.540 acre TRACT I, as described in deeds to The City of Round Rock, •Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Association of Williamson County. Texas, recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING an iron pin found at a fence corner post, being on the division line between the Willis Donaho survey, Abstract No. 173 and said Holder Survey, being the most westerly northwest corner of said 425.540 acre TRACT I, also being the northeast corner of that certain 37.00 acre tract conveyed to Marvin R. Creasman, 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 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 Volume 514, Page 193 of said Deed Records, for the 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 the north line hereof, N88 °15'37 "E, 1491.28 feet to an iron pin set for the northeast corner hereof; THENCE along the east line hereof, S01 °44'23 "E, 2311.54 feet to a point in the centerline of Chandler Branch, being on the north line of a portion of the remainder of that certain 160.65 acre tract of land conveyed to Bertil Telander, et al, by deed recorded in Volume 517, Page 556 of said Deed Records, for the southeast corner hereof: THENCE along the centerline of said Chandler Branch, with its meanders, for a south line hereof, the following nine (9) courses: 1.) N55 °27'43 "W, 211.77 feet to an iron pin found for an angle point hereof: 2.) N88 °37'06 "W, 137.38 feet to an angle point hereof; 3.) N61 °33'05 "W, 439.40 feet to an angle point hereof: 4.) 887 °36'55 "W, 241.90 feet to the northwest corner of said portion of the remainder of said 160.65 acre tract, for an angle point hereof; 5.) S59 °06'09 "W, 130.63 feet to an angle point hereof: 6.) 039 °42'43 "W, 58.00 feet to an angle point hereof: 7.) 846 °33'54 "W, 43.50 feet to an angle point hereof: 8.) 844 °02'08 "w, 43.68 feet to an angle point hereof; 9.) S66 °28'07 "W, 8.25 feet to the most southerly corner hereof; THENCE continuing along the south line hereof, the following three (3) courses: 1.) N01 °14'39 "W, 147.72 feet to an iron pin set at the PC of a curve to the right having a radius of 213.00 feet and a central angle of 04 °48'06 "; 2.) along the arc of said curve 17.85 feet, the sub -chord of which bears N01 °09'24'E, 17.84 feet to the PT of said curvet 3.) S88 °35'01 "W, 373.65 feet to an iron pin set under a fence on the east line of that certain 4.903 acre tract conveyed to Dr. narvin Cressman by deed recorded in Volume 657, Page 249 of said Deed Records, being a west line of said 425.540 acre TRACT I, for the southwest corner hereof: Field Notes for 71.110 Acres (continued) TIMENCE along said fence, for the west line hereof, the following two (2) courses: 1.) N01 °24'59 "W, 244.65 feet to an iron pin found under a fence, for an angle point hereof; 2.) N00 °39'51 "W, 171B.15 feet to the POINT OF BEGINNING of the herein described tract, containing 71.110 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 7th day of December, 1988. All corners located are as described. t0 J Z c co HAYNIE, KALLMAN & GRAY, INC. Steven D. Kallman, Registered Public Surveyor No. 3337 Date Job No. 103 - 2284 -6 -E STATE OF TEXAS COUNTY OF WILLIAMSON I 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 of Williamson County, Texas, as stamped hereon by me, on MAR 1 3 1989 /- - COUNTY CLERK WILLIAMSON COUNTY, TEXAS VOL1760PAGE477 EXHIBIT "A" PAGE 2 OF 2 FILED FOR RECORD WIL! :rui!“Y, Tx 1989 MAR 10 PM 4: 46 row. F rpv 6727 AMENDMENT TO PARTITION DEED THE STATE OF TEXAS * COUNTY OF WILLIAMSON This Amendment to Partition Deed (this "Amendment ") is entered into this a of January, 2005 by The Old Settlers Association of Williamson County, Texas, a Texas non -profit corporation (the "Association "), and the City of Round Rock, Texas (the "City "). WHEREAS, on or about February 9, 1989, the Association and the City filed of record that certain Partition Deed in Volume 1760, Page 451 of the Official Records of Williamson, County, Texas (the "Deed "); WHEREAS, the Deed partitioned various properties held in common by both the Association and the City, and conveyed a certain 111.110 acre tract (referred to therein as "Tract Two") to the Association; WHEREAS, the Deed further provided that in the event the Association were to dissolve by the operation of law or time, then Tract Two, save and except a certain tract of property more fully described therein consisting of approximately 2.780 acres (such 2380 acre tract being the "Excepted Property "), would revert, pass to and vest in the City; WHEREAS, the Association and the City have agreed and now desire to redefine the Excepted Property to be as set forth herein; NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged by all parties, the Association and the City hereby revise and amend the Deed as set forth below: 1. From the date hereof, the Excepted Property as described in the original Deed shall no longer be as described therein but shall instead consist and be described as the 2.78 acre tract more fully described on Exhibit "A" attached hereto and incorporated herein for all purposes. This Amendment shall be in place and considered in full force and effect from the date hereof for all purposes. Except as specifically amended herein, the Deed is acknowledged and reaffirmed by the Association and the City as being in full force and effect for all purposes as originally set forth therein. {00043314.DOC /) This Amendment is executed as of the date first above written and shall be effective upon its recording in the Official Records of Williamson County, Texas. THE STATE OF TEXAS COUNTY OF WILLIAMSON {00043314.DOC/) * * ELIZABETH YOUNG MY COMMISSION EXPIRES May 27, 2008 The Old Settlers Association of Willis on County, Texas, a Texas non -pr . fi corporation By: rene Michna, Preside The City of Round Rock, Texas By: Na 117) N USE Title: CJTyr mANAtiela This instrument was acknowledged before me on this the 2 4 day of January, 2005, by Irene Michna, President of The Old Settlers Association of Williamson County, Texas, a Texas non -profit corporation, on behalf of said c. 1• . ion. c in and for Texas ssion Expires: (Print Name) THE STATE OF TEXAS COUNTY OF WILLIAMSON 100043314.DOC /} This instrument was acknowled ed before me on this the a IP day of January, 2005, by Jim NU SE, , / mqNRGE,, , of The City of Round Rock, Texas, a Texas home -rule city, on behalf of said City. Notary Public in and for the State of Texas My Commissio Expires: S -as-O5 (Print Name) CHR►STU TfeT/NEZ EXHIBIT "A" Page 1 of 2 Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION DESCRIPTION OF 2.78 ACRES OF LAND SITUATED IN THE PRIOR A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 101_11 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT C, TRACT 1, IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 451 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF THAT CERTAIN 2.78 ACRE TRACT OF LAND DESCRIBED IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 478 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.78 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Highway Department type II monument station 220 +76.10, 144.70 feet left from Base Line G, found in the north line of said U.S. Highway No. 79, in the west line of said 2.78 acre tract, and in the east line of that certain tract of land described in a deed to Michael Glenn Griffin and Wife, Carrie Louise Griffin, of record in Volume 2620, Page 775 Official Records Williamson County, Texas, and for the southwest corner of the herein described tract, from which the northeast corner of the P. A. Holder Survey bears approximately NO2 °E 5584 feet; THENCE with the west line of the herein described tract, the west line of the said 2.78 acre tract, and the east line of said Griffin tract, NO2 °15'41 "W a distance of 284.50 feet to a %2 inch iron rod with aluminum cap set in concrete for the northwest corner of the herein described tract, from which a %2 inch iron rod found for the northwest corner of the 2.78 acre tract bears NO2 °15'41 "W a distance of 23.19 feet ; THENCE over and across said 2.78 acre tract and said 101.11 acre tract, with the north line of the herein described tract, N63 °36'53 "E a distance of 408.28 feet to a 'V2 inch iron rod with aluminum cap set in concrete for the northeast corner of the herein described tract; THENCE continuing over and across said 101.11 acre tract, with the east line of the herein described tract, S26°23'07 "E a distance of 259.66 feet to a %2 inch iron rod with aluminum cap set in concrete for the southeast corner of the herein described tract and in the north line of U.S. Highway No. 79, from which a Texas Highway Department type II monument found in the north line of said U.S. Highway No. 79 bears N63 °36'53 "E a distance of 575.25 feet; SA2800501\ _Documents 1PLAT NOTES.d°e EXHIBIT "A" Page 2 of 2 THENCE with the south line of the herein described tract and the north line of said U.S. Highway No. 79, S63 °36'53 "W a distance of 524.56 o the POINT OF BEGINNING containing 2.78 acres of land, within these metes and bounds Reference is herein made to the sketch of this 2.78 acres tract of land accompanying this description. Bearing Reference: the north line of that certain tract of land described in a deed to the City Of Round Rock in document number 2000048501 Official Public Records Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. gory Schmidt Registered Professional Land Surveyor No. 4437 Date: c/ Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas SA280050 IS_Documents1PLAT NOTES.d°c AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF WILLIAMSON This Amendment to Declaration of Covenants and Restrictions for the Old Settlers Association of Williamson County, Texas (this "Amendment ") is entered into this �4 day of January, 2005 by The Old Settlers Association of Williamson County, Texas, a Texas non - profit corporation (the "Association "), with the concurrence of the City of Round Rock, Texas. WHEREAS, on June 6, 2000, the Association filed of record that certain Declaration of Covenants and Restrictions for the Old Settlers Association of Williamson County, Texas in Document No. 2000036911, Official Records of Williamson, County, Texas (the "Declaration "); WHEREAS, the Declaration set forth various covenants and restrictions to be impressed upon certain tracts of property more fully described therein including a 27.22 acre tract as described therein, save and except a certain 2.78 acre tract described in a deed recorded in Volume 1760, Page 478, Official Records of Williamson County, Texas (such 2.78 acre tract being the "Excepted Property "); WHEREAS, the Association now desires to redefine the Excepted Property to be as set forth herein; NOW THEREFORE, consistent with the provisions of the Declaration and with the concurrence of the City of Round Rock, the Association hereby revises and amends the Declaration as set forth below: 1. From the date hereof, the Excepted Property as described in the original Declaration shall no longer be as described therein but shall instead consist and be described as the 2.78 acre tract more fully described on Exhibit "A" attached hereto and incorporated herein for all purposes. This Amendment shall be in place and considered in full force and effect from the date hereof for all purposes. Except as specifically amended herein, the Declaration is acknowledged and reaffirmed by the Association as being in full force and effect and shall continue as such unless and until amended from time to time in the future. {00043296.DOC /) This Amendment is executed as of the date first above written and shall be effective upon its recording in the Official Records of Williamson County, Texas. The City of Round hereby concurs with the provisions of this Amendment for all purposes. The City of Round Rock, Texas By: Na � Title. j THE STATE OF TEXAS COUNTY OF WILLIAMSON EL¢ABEM YOUNG r i MY COMMISSION EXPIRES . May27,2008 {00043296.DOC /} * * The Old Settlers Association of Willia on County, Texas, a Texas non -pr corporation By: gene Michna, Presid This instrument was acknowledged before me on this the .2q day of January, 2005, by Irene Michna, President of The Old Settlers Associ. '. f Williamson County, Texas, a Texas non - profit corporation, on behalf of said co .n Notary the S My (Pn b to of T ommis in and for xas on Expires: THE STATE OF TEXAS * * COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the c9 day of January, 2005, by _Jim !W J SE L!Ty IY)RNR /2ER. of The City of Round Rock, Texas, a Texas home -rule city, on behalf of said City. { 00043296.DOC /) Ji1a Atno t Notary Public in and for the State of Texas My Commission Expires: 8 — x8 '05 (Print Name) CII215T /AJE 2. 1174r€T//VC7- EXHIBIT "A" Page 1 of 2 Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION DESCRIPTION OF 2.78 ACRES OF LAND SITUATED IN THE PRIOR A HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 101.11 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT C, TRACT 1, IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 451 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF THAT CERTAIN 2.78 ACRE TRACT OF LAND DESCRIBED IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 478 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.78 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Highway Department type II monument station 220 +76.10, 144.70 feet left from Base Line G, found in the north line of said U.S. Highway No. 79, in the west line of said 2.78 acre tract, and in the east line of that certain tract of land described in a deed to Michael Glenn Griffin and Wife, Came Louise Griffin, of record in Volume 2620, Page 775 Official Records Williamson County, Texas, and for the southwest corner of the herein described tract, from which the northeast corner of the P. A. Holder Survey bears approximately NO2 °E 5584 feet; THENCE with the west line of the herein described tract, the west line of the said 2.78 acre tract, and the east line of said Griffin tract, NO2 °15'41 "W a distance of 284.50 feet to a '/z inch iron rod with aluminum cap set in concrete for the northwest corner of the herein described tract, from which a 1/2 inch iron rod found for the northwest corner of the 2.78 acre tract bears NO2 ° 15'41 "W a distance of 23.19 feet ; THENCE over and across said 2.78 acre tract and said 101.11 acre tract, with the north line of the herein described tract, N63 ° 36'53 "E a distance of 408.28 feet to a 1/2 inch iron rod with aluminum cap set in concrete for the northeast corner of the herein described tract; THENCE continuing over and across said 101.11 acre tract, with the east line of the herein described tract, S26°23'07"E a distance of 259.66 feet to a /2 inch iron rod with aluminum cap set in concrete for the southeast corner of the herein described tract and in the north line of U.S. Highway No. 79, from which a Texas Highway _Department type II monument found in the north line of said U.S. Highway No. 79 bears N63 °36'53 "E a distance of 575.25 feet; S:12 80 0 5 0 11_DocummulPLAT NOTPSdoc EXHIBIT "A" Page 2 of 2 THENCE with the south line of the herein described tract and the north line of said U.S Highway No. 79, S63 °36'53 "W a distance of 524.56 o the POINT OF BEGINNING containing 2.78 acres of land, within these metes and bounds Reference is herein made to the sketch of this 2.78 acres tract of land accompanying this description. Bearing Reference: the north line of that certain tract of land described in a deed to the City Of Round Rock in document number 2000048501 Official Public Records Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. regory Schmidt Registered Professional Land Surveyor No_ 4437 Date: / Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas S:128005oJ I_Doc °mrnuIPLAT NO'JES.do 1 THE STATE OF TEXAS * COUNTY OF WILLIAMSON This Amendment to Declaration of Covenants, Conditions and Restrictions (this "Amendment ") is entered into this a(o day of January, 2005 by The Old Settlers Association of Williamson County, Texas, a Texas non -profit corporation (the "Association "), with the concurrence and joinder of the City of Round Rock, Texas. WHEREAS, on or about February 28, 1989, the Association filed of record that certain Declaration of Covenants, Conditions and Restrictions in Volume 1760, Page 468 of the Official Records of Williamson, County, Texas (the "Declaration "); WHEREAS, the Declaration set forth various covenants and restrictions to be impressed upon a certain tract of property more fully described therein consisting of approximately 2.78 acres (such 2.78 acre tract being the "Original Property "); WHEREAS, the Association now desires to redefine the Original Property to be as set forth herein; NOW THEREFORE, consistent with the provisions of the Declaration and with the joinder and concurrence of the City of Round Rock, the Association hereby revises and amends the Declaration as set forth below: 1. From the date hereof, the Original Property as described in the original Declaration shall no longer be as described therein but shall instead consist and be described as the 2.78 acre tract more fully described on Exhibit "A" attached hereto and incorporated herein for all purposes. This Amendment shall be in place and considered in full force and effect from the date hereof for all purposes. Except as specifically amended herein, the Declaration is acknowledged and reaffirmed by the Association as being in full force and effect and shall continue as such unless and until amended from time to time in the future. This Amendment is executed as of the date first above written and shall be effective upon its recording in the Official Records of Williamson County, Texas. t 00043312.DOC /) AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The City of Round hereby joins herein and concurs with the provisions of this Amendment for all purposes. The City of Round Rock, Texas By: N e: Jj/11 NUSE Tit • CrITy mfnl146.6k., THE STATE OF TEXAS * COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the ..2L/ day of January, 2005, by Irene Michna, President of The Old Settlers Associ. 'on of Williamson County, Texas, a Texas non -profit corporation, on behalf of said on. {00043312.DOC/) The Old Settlers Association of Williamson County, Texas, a Texas non -pr. orporation Bv: Irene Michna, Presiden No P _Tic in and for the to a Texas ission Expires: ( "� 'game) THE STATE OF TEXAS { 00043312.DOC /) CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES Alit/ 2005 * COUNTY OF WILLIAMSON * This instrument was acknowledged before me on this the c�w day of January, 2005, by ,J lm Nu%E (21Ty mANAB€ Q of The City of Round Rock, Texas, a Texas home -rule city, on behalf of said City. AJ_J__ Ju Notary Public in and for the State of Texas My Commission Expires: $ 8-05 (Print Name) Owls R. r17arhaz EXHIBIT "A" Page 1 of 2 Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION DESCRIPTION OF 2.78 ACRES OF LAND SITUATED IN THE PRIOR A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 101.11 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT C, TRACT 1, IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 451 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF THAT CERTAIN 2.78 ACRE TRACT OF LAND DESCRIBED IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME I760, PAGE 478 OFFICIAL RECORDS OF WIT 1 IAMSON COUNTY, TEXAS; SAID 2.78 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Highway Department type II monument station 220 +76.10, 144.70 feet left from Base Line G, found in the north line of said U.S. Highway No 79, in the west line of said 2.78 acre tract, and in the east line of that certain tract of land described in a deed to Michael Glenn Griffin and Wife, Came Louise Griffin, of record in Volume 2620, Page 775 Official Records Williamson County, Texas, and for the southwest corner of the herein described tract, from which the northeast corner of the P. A. Holder Survey bears approximately NO2 °E 5584 feet; THENCE with the west line of the herein described tract, the west line of the said 2.78 acre tract, and the east line of said Griffin tract, NO2 °15'41 "W a distance of 284.50 feet to a'/ inch iron rod with aluminum cap set in concrete for the northwest corner of the herein described tract, from which a'' /z inch iron rod found for the northwest corner of the 2.78 acre tract bears - NO2 °15'41 "W a distance of 23.19 feet ; THENCE over and across said 2.78 acre tract and said 101.11 acre tract, with the north line of the herein described tract, N63 °36'53 "E a distance of 408.28 feet to a '/ inch iron rod with aluminum cap set in concrete for the northeast corner of the herein described tract; THENCE continuing over and across said 101.11 acre tract, with the east line of the herein described tract, S26 °23'07"E a distance of 259.66 feet to a % inch iron rod with aluminum cap set in concrete for the southeast comer of the herein described tract and in the north line of U.S. Highway No. 79, from which a Texas Highway Department type II monument found in the north line of said U.S. Highway No. 79 bears N63 °36'53 "E a distance of 575.25 feet; S-128005011_Documrn1s1P1AT NOTES.doc EXHIBIT "A" Page 2 of 2 THENCE with the south line of the herein described tract and the north Line of said U.S Highway No. 79, S63 °36'53"W a distance of 524.56 o the POINT OF BEGINNING containing 2.78 acres of land, within these metes and bounds Reference is herein made to the sketch of this 2.78 acres tract of land accompanying this description. Bearing Reference: the north tine of that certain tract of land described in a deed to the City Of Round Rock in document number 2000048501 Official Public Records Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas 5128005011 D°cumems1PLAT NOTES -doc