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R-91-1571 - 2/28/1991ATTEST: WHEREAS, the City wishes to extend Corridor Drive from its present terminus to FM 1325 for the health, safety and welfare of the public, and WHEREAS, the extension is across certain property owned by Tom E. Nelson, Trustee No. II ( "Nelson"), and WHEREAS, the City Council wishes to approve an agreement with Nelson providing for the transfer to the City of the necessary right- of-way and easements, 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 an agreement with Nelson providing for the transfer to the City of the necessary right -of -way and easements, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of February, 1991. RS02281C RESOLUTION NO. /.67/g MIKE ROBINSON, Mayor City of Round Rock, Texas Right -of -Way Dedication and Road Construction Agreement This Right -of -Way Dedication anoad Construction Agreement ( "Agreement ") is entered into this S{ day of February, 1991 by and between the City of Round Rock, Texas, ( "City ") and Tom E. Nelson, Jr., Trustee No. II ( "Nelson "). I. Purpose The purpose of this Agreement is to set forth the terms and conditions by which Nelson agrees to convey the right -of -way and related easements necessary for the construction of a sixty foot (60') wide street and related facilities, as well as setting out the responsibilities of the parties for the construction. In consideration for the covenants herein, Nelson agrees to grant, convey, and dedicate at no cost to the City the necessary right -of -way, temporary construction easement, and drainage easement needed for the construction of the proposed extension of Corridor Drive from its present terminus to FM 1325. The general location of the Corridor Drive extension is shown on Exhibit "A." The dedication instrument for the road right -of -way is attached hereto as Exhibit "B." The Temporary Construction Easement is attached hereto as Exhibit "C." The Drainage Easement is attached hereto as Exhibit "D." Nelson agrees to execute and deliver the originals of Exhibits "B "', "C ", and "D" simultaneously with the execution of this Agreement. III. City's Construction Responsibilities In consideration of the dedication of the aforementioned right - of -way and easement, City agrees to construct at its'sole cost and expense the eastern one -half of the proposed sixty foot roadway, along with the necessary drainage improvements and utility lines as shown on the document titled Construction Plans for the City of Round Rock, Texas, Corridor Drive Street & Drainage Improvements, September 1, 1989 ( "Plans ") herein referred to and incorporated herein. Copies of the Plans have been approved and signed by the parties hereto. As part of its responsibilities, City agrees to remove and take out the small dam and pond located within the temporary construction easement, to construct a barbed wire fence along the right -of -way, and to install sleeves for future utility lines, all of which are shown in detail on the Plans. C /ROWDED II. Dedication IV. Nelson's Construction Responsibilities Nelson agrees that it will construct at its sole cost and expense the western one -half of the sixty -foot (60') roadway upon the first to occur of the following: (1) the sale, lease, and /or development of thirty (30) acres or more out of the property ( "Property ") described in a Warranty Deed from Charles M. Christensen, Trustee to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records, Travis County, Texas, (2) any sale, lease, development, subdivision or combination thereof which requires access to Corridor Drive, provided however that corner tracts at the intersection of FM 1325 and Corridor Drive which have two - hundred and fifty feet (250') or less of frontage along Corridor Drive may be developed without triggering the construction of the western one -half of the road way. V. Sale and /or Assignment of Property The covenants, conditions, and obligations of Nelson contained herein shall run with and bind the Property, and shall inure to the benefit of, and be enforceable by the City. This Agreement shall be recorded in the Real Property Records of Travis County, Texas. VI. Miscellaneous (a) Assignment. This Agreement may be assigned by Nelson provided that Nelson's assignee shall expressly assume all of Nelson's liabilities, obligations, and duties hereunder. (b) Survival of Covenants. Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the dedication of the right -of -way and easements contemplated hereby shall survive the closing and shall not be merged therein. (c) Texas Law; Venue. This Agreement 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. (d) Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by that Agreement. (e) Legal Construction. 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 2. ATTEST: contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. (f) Prior Agreements Superseded. This Agreement 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. (g) Time of Essence. Time is of the essence of this contract. Dated this o( O day of February, 1991. Joanne Land, City Secretary STATE OF TEXAS 3. Tom E. Nelson, Jr., Trustee No. 11 CITY OF ROUND ROCK, TEXAS By: Ai 6 7 �'�" Mike Robinson, Mayor COUNTY OF This instrument was acknowledged before me on the day of , 1991, by Tom E. Nelson, Jr. Notary Public, State of Texas Printed Name: My Commission Expires: STATE OF TEXAS COUNTY OF W1LUAR OP' eAl This instrument was acknowledged before me on the a-4 — day of , 1991, by Mike Robinson, Mayor, City of Round Rock, Texas, on be a1f of the City. CHRISTINE R. MARTINEZ � • 1 Notary Pubfir, State of Texas 'T i f My Commiss,en Expires JUNE 22, 1993 4. Notary Public, State of Texa Printed Name: My Commission Expires: BRATTON CEMETERY RESERVOIR SELSTROM JOINT VENTURE TRACT 48 ACRES± S/W CORNER I.H. 35 & F.M. 1325 100 / Z to GS` / 'O X 04" G ,,s , c ;‘,,, EXIST. 12• W.L. O F.M. 1325 NOTE ALL DIMENSIONS AND ACREAGES ARE APPROXIMATE ONLY. ■ a1 = 400' F m W rti RIO TECH, INC. 9510 RANCH ROAD 620 AUSTIN, TEXAS 78726 (512) 250 -8373 WARRANTY DEED Date: February , 1991 Grantor: Tom E. Nelson, Jr., Trustee No. II Grantor's Mailing Address (including county): Suite D -200, Austin, Travis County, Texas Grantee: City of Round Rock, Texas Grantee's Mailing Address (including county): Round Rock, Williamson County, Texas Consideration: Ten and No /100 Dollars and other 2414 Exposition Blvd., 221 East Main Street, valuable consideration. Property (including any improvements): Attached as Exhibit "A" and incorporated herein. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. EXECUTED this day of , 1991. STATE OF TEXAS COUNTY OF WILLIAMSON 'Pf'fl l 7 finr GRANTOR: Tom E. Nelson, Jr., Trustee No. II This instrument was acknowledged before me on the day of , 1991, by Tom E. Nelson, Jr. Notary Public, State of Texas Printed Name: My Commission Expires: EXHIBIT FIELD NOTES FOR 2.82 ACRES EXHIBIT "A" PAGE 1 of 4 FIELD NOTES describing 2.82 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis Conty, Texas, being 1.31 acres of Tract II, a 21.216 acre tract and 1.51 acres of Tract III, a 17.715 acre tract, as conveyed to Tom E. Nelson, Trustee No. II, by deed recorded in Volume 10084, Page 93 of the deed records of Travis County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the West line of Lot 3 of Corridor Park I as recorded in Book 85, Page 65 D of the Plat Records of Travis County, for the East corner of this tract. • THENCE S 30 28' 06" W at 5.00 feet pass the West corner of the said Lot 3 and the North line of Corridor Drive, at 85.00 feet pass the South line of Corridor Drive and the North corner of Lot 1 of Corridor Park I, and continue for a total distance of 90.00 feet to an iron pin set for the South corner of this tract. THENCE N 59 31' 55" W 95.14 feet to an iron pin set in the P.C. of a curve to the right having a radius of 385.00 feet and a central angle of 24 50' 04 ". THENCE with the arc of the said curve 166.88 feet, the long chord of which bears N 47 06' 52" W 165.57 feet to an iron pin set for the P.T. of the said curve. THENCE N 34° 41' 50" W 674.39 feet to an iron pin set in the P.C. of a curve to the right having a radius of 385.00 feet and a central angle of 31° 33' 50 ". THENCE with the arc of the said curve 212.09 feet, the long chord of which bears N 18 54' 55" W 209.42 feet to an iron pin set for the P.T. of the said curve. THENCE N 03 08' 00" W 50.00 feet to an iron pin set in the P.C. of a curve to the left having a radius of 261.02 feet and a central angle of 06 54' 04 ". THENCE with the are of the said curve 31.44 feet, the long chord of which bears N 06 35' 02" W 31.42 feet to an iron pin set for the P.T. of the said curve and the P.C. of a curve to the right having a radius of 291.02 feet and a central angle of 06° 54' 04 ". THENCE with the arc of the said curve 35.05 feet, the long chord of which bears N 06 35' 03" W 35.03 feet to an iron pin set for the P.T. of the said curve. THENCE N 03 08' 00" W 112.51 feet to an iron pin set in the P.C. of a curve to the right having a radius of 15.00 feet and a central angle of 90 00' 00 ". THENCE with the arc of the said curve 23.56 feet, the long chord of which bears N 48.° 08' 00" W 21.21 feet to an iron pin set on the South line of F.M. 1325 for the P.T. of the said curve and the West corner of this tract. THENCE N 86 52' 00" E with the South line of F.M. 1325 128.00 feet to an iron pin set for the North corner of this tract and the P.C. of a curve to the left having a radius of 15.00 feet and a central angle of 90 00' 00 ". THENCE with the arc of the said curve 23.56 feet, the long chord of which bears S 41 52' 00" W 21.21 feet to an iron pin set for the P.T. of the said curve. THENCE S 03 08' 00" E 112.51 feet to an iron pin set in the P.C. of a curve to the right having a radius of 291.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 35.04 feet, the long chord of which bears S 00 19' 04" E 35.03 feet to an iron pin set for the P.T. of the said curve and the P.C. of a curve to the left having a radius of 261.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 31.44 feet, the long chord of which bears S 00 19' 04" E 31.42 feet to an iron pin set for the P.T. of the said curve. THENCE S 03 08' 00 E 50.00 feet to an iron pin set in the P.C. of a curve to the left having a radius of 295.00 feet and a central angle of 31 33' 50 ". THENCE with the arc of the said curve 162.51 feet, the long chord of which bears S 18 54' 55" E 160.47 feet to an iron pin set for the P.T. of the said curve. THENCE S 34 41' 50" E 674.39 feet to an iron pin set in the P.C. of a curve to the left having a radius of 295.00 feet and a central angle of 24 50' 04 ". THENCE with the arc of the said curve 127.87 feet, the long chord of which bears S 47 06' 52" E 126.87 feet to an iron pin set for the P.T. of the said curve. THENCE S 59 31' 55" E 95.14 feet to the POINT OF BEGINNING containing 2.82 acres of land more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech Inc., and are true and correct to the best of my knowledge. P V OF A N fi r. - - i sntvrr3 0. Kai LM 333 / Rio Tech Inc. Steven D. Kallman Registered Public Surveyor No. 3337 7 -2 - 90 Date Job No. 103 -2325 EXHIBIT "A" PAGE 2 of 4 SKETCH TO ACC FIELD NOTES FOR A TRACT IN THE A. SPREE ABSTRACT NO TRAVIS COUNTY, JAPE T9)00 .ISN5 wow N PT . 21 N 03 08' 00" N 50.00 T2 0 07° 00' 00" E 50.00 C J 120.00' 4 OMPANY 2.82 ACRE CHER SURVEY, . 101, . TEXAS i DATE. JULY, 1990 SCALE+ 1 100' EXHIBIT "A" PAGE 3 OF 4 JOB NO.. 103 -2325 DRAWN BY+ TJL 11 52' Off 'E F. M. 1325 0 ' J Elms TNg$ 1+3. 003. @AR71G EN= MO S glIn C1 N 47' 06' 52" H 385.00 24 50' 04" 166.00 165.57 C2 N 18 54' 55" N 385.00 31. 33' 50" 212.09 .209,42 C3 N 06. 35' 02" H 261.02 06. 54' 04' 31.44 31.42 64 N 06' 35' 03" N 291.02 06. 54' 04' 35.05 35.03 C5 N 48' OS' 00" N 15.00 90' 00' 00' 23.56 21.21 C6 S 41. 52. 00" N 15.00 90. 00' 00" 23.56 21.21 C7 S 00. 19' 04" E 291.02 06' 54' 04' 35.04 35.03 CB 5 00' 19' 04" E 261.02 06' 54' 04" 31.44 31.42 C9 S 18° 54' 55" E 295.00 31' 33' 50' 162.51 160.47 C10 S 47 06' 52" E 295.00 24' 50' 04" 127.87 126.87 cp, rti 15121 250 0373 rio tech, inc. consulting enOlnoors 0510 120011 10211 020 cum MX l9 03 fl51 PAR1115 PE4T0 0251 96020 C1 N 47 06' S2' N 305.00 24' 50. 04" 166.00 165.57 C2 N 10. 54. 55^ N 305.00 31. 33' 50• 212.09 209.42 C1 N 06 35' 02^ N 261.02 06' 54'.04^ 31.44 31.42 CI N 06. 35. 03' N 291.02 06 54' 01^ 35.05 35.01 C5 11 40 00' 00' N 15.00 90' 00' 00^ 23.56 21.21 C6 S 41' 52' 00^ N 15.00 90' 00. 00' 23.56 21.21 C7 500' 19' 04^ 0 291.02 06' 51' 04^ 35.04 35.03 co S 00. 19. 04^ 0 261.02 06. 54. 04•, 31.44 31.42 51 5 47 06. 52. 0 295.00 24' 50. 04^ 127.07 126.07 2 T VOL. 1.216 AC. RACT.II 10084, PG. 93 c '0 '7•d .9 , 0 .1 '32 t POINT OF. BEGINNING b H�so ^o J„ 4, 0 0 DATE: JULY, 1990 SCALE: I 100' 0 N 490 q 0 . A O "J OR• CORRIDOR PARK I BOOK 85, PG. 65 D EXHIBIT "A" PAGE 4 OF 4 N JOB NO: 103 -2325 DRAWN BY : TJL 15121 250 0373 rio tech, inc. con:ullInO •nOlnoe,s 0510 (4065 (0 0, 1 620 STATE OF TEXAS COUNTY OF WILLIAMSON TEMPORARY CONSTRUCTION EASEMENT AGREEMENT Grant of Easement 1. That Tom E. Nelson, Jr., Trustee No. II, hereinafter called Grantor, for a good and valuable consideration, paid by the City of Round Rock, Texas, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right -of -way upon and across the following described property of the Grantor: As more fully described in a Warranty Deed dated January 27, 1987 from Charles M. Christensen, Trustee, to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records of Travis County, Texas. Character of Easement 2. The easement granted herein is appurtenant to the dominant tenement. Location of Easement 3. The easement and right -of -way hereby conveyed shall be upon and across a portion of the above described property more particularly described as follows: 4. The right -of -way, easement, rights, and privileges herein granted shall be used only for the purpose of a temporary construction easement to remove an existing dam and to construct and install storm water drainage and related improvements. TC01260E As more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes. Purpose of Easement Duration of Easement 5. The easement, rights, and privileges herein granted shall expire on December 31, 1991, or when the project engineers certify in writing to Grantor that construction is complete, whichever first shall occur. Grantor hereby binds himself, his heirs, 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. Exclusiveness of Easement 6. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant. Entire Agreement 7. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. EXHIBIT Binding Effect 8. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this day of , 1991. STATE OF TEXAS COUNTY OF WILLIAMSON GRANTOR: Tom E. Nelson, Jr., Trustee No. II This instrument was acknowledged before me on the day of , 1991, by Tom E. Nelson, Jr. Notary Public, State of Texas PrintedName: My Commission Expires: 2. FIELD NOTES FOR 3.55 ACRES RIO TECH, INC. Date Job. No. 103- 2325 -32 7 — . 5 Steven D. Kaltman Registered Professional Land Surveyor No. 3337 EXHIBIT "A" PAGE 1 OF 2 FIELD NOTES describing 3.55 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis County, Texas, being a part of Tracts I, II and III as conveyed to Tom E. Nelson, Trustee No. II by deed recorded in Volume 10084, Page 93 of the Deed Records of Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point being the intersection of the East line of Corridor Drive, a 90.00 foot right -of -way, and the West line of the aforesaid 21.216 acre Tract II, for a point in the West line of this tract from which the Southwest corner of the Tract 1T bears S 30 28' 50" W 1147.47 feet. THENCE N 34 41' 50" W with the East line of Corridor Drive, 99.66 feet for an angle point of this tract. THENCE N 55 18' 10" E 70.00 feet for an angle point of this tract. THENCE N 00 21' 37" E 211.46 feet for the Northwest corner of this tract. THENCE S 89 41' 50" E 500.00 feet for the Northeast corner of this tract. THENCE S 00° 18' 10" W 270.00 feet for the Southeast corner of this tract. THENCE N 89 41' 50" W 270.00 feet for an angle point in the South line of this tract. THENCE S 55° 18' 10" W 225.00 feet to a point in the East line of Corridor Drive for the South corner of this tract. THENCE N 34 41' 50" W 80.34 feet to the POINT OF BEGINNING containing 3.55 acres of land, more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech, Inc., and are true and correct to the best of my knowledge. SKETCH TO ACCOM NOTES FOR A 3. TEMPORARY CONSTRUC IN THE A.SPREECH ABSTRACT NO. 101, T TEXAS N \ O N55 ° 18'IO "E 70.00' Q i. \ ' POINT OF BEGINNING • S 89° 41' 5 O 12.12 TR AC VOL. PG. 3.55 AC 21.21 TRA VOL. 1008 PANY FIELD 55 ACRE TION EASEMENT ER SURVEY, RAVIS COUNTY, AC. T I 0084 93 0" E 500.00' 6 AC. CT II. 4, PG. 93 0 0 0 DATE: JULY, 1990 JOB NO.: 103 -2325 SCALE: I' 100' 'DRAWN: TJL \ a90, \ \ . \ EXHIBIT "A" PAGE 2 OF 2 rti \ 15121 250 0373 rio tech, inc. ' consulting an0lnoara 0510 ranch road 020 0021111 1000a 70720 STATE OF TEXAS COUNTY OF WILLIAMSON DRAINAGE EASEMENT AGREEMENT Grant of Easement 1. That Tom E. Nelson, Jr., Trustee No. II, hereinafter called Grantor, for a good and valuable consideration, paid by the City of Round Rock, Texas, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right -of -way upon and across the following described property of the Grantor: As more fully described in a Warranty Deed dated January 27, 1987 from Charles M. Christensen, Trustee, to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records of Travis County, Texas. mnnl3finn Character of Easement 2. The easement granted herein is appurtenant to the dominant tenement. Location of Easement 3. The easement and right -of -way hereby conveyed shall be upon and across a portion of the above described property more particularly described as follows: As more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes. Purpose of Easement 4. The right -of -way, easement, rights, and privileges herein granted shall be used only for the construction and maintenance of a drainage way, together with the customary uses attendant thereto. The City reserves the right to make the improvements on such grade and according to such plans and specifications, as will, in its opinion, best serve the public purpose. The consideration paid shall be considered full compensation for same and for any diminution in value that may result to remaining property by virtue of proximity of the project, grade alignment or the alteration of drainage patterns and facilities. Duration of Easement 5. The easement, rights, and privileges herein granted shall expire on December 31, 1991, or when the project engineers certify in writing to Grantor that construction is complete, whichever first shall occur. Grantor hereby binds himself, his heirs, 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. Exclusiveness of Easement 6. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant. Encroachments 7. Grantee shall have the right to cut and trim trees or shrubbery which may encroach upon the easement area herein conveyed, EXHIBIT 1 and Grantee shall dispose of all cuttings and trimmings by loading and hauling away from the premises. Rights Reserved 8. Grantor also retains, reserves, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement. Entire Agreement 9. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Binding Effect 10. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this of , 1991. STATE OF TEXAS COUNTY OF WILLIAMSON • • • • This instrument was acknowledged before me on the day of , 1991, by Tom E. Nelson, Jr. 2. GRANTOR: Tom E. Nelson, Jr., Trustee No. II Notary Public, State of Texas PrintedName: My Commission Expires: day FIELD NOTES FOR 1.44 ACRES FIELD NOTES describing 1.44 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis County, Texas, being a part of Tracts I, II and III as conveyed to Tom E. Nelson, Trustee No. II by deed recorded in Volume 10084, Page 93 of the Deed Records of Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the East line of said Tract I for the East corner of this tract, from which point the Southeast corner of said Tract I bears S 15 22' 10" E 84.57 feet. THENCE N 59 13' 55" W 326.55 feet to the PC of a curve to the left, said curve having a central angle of 65° 27' 55" and a radius of 70.00 feet. THENCE With the arc of the said curve 79.98 feet, the long chord of which bears S 88 02' 07" W, 75.70 feet, to the PT of said curve. THENCE S 55° 18' 10" W 588.00 feet' to an angle point of this tract. THENCE S 30 49' 00" W 38.60 feet to the South corner of this tract. THENCE S 58 53' 35" W 60.00 feet to an interior corner of the above mentioned Tract III, a 17.715 acre tract for the West corner of this tract. THENCE N 30 49' 00" E 51.32 feet to an angle point of this tract. THENCE N 55 18' 10" E 601.02 feet to the PC of a curve to the right, said curve having a central angle of 65° 27' 55" and a radius of 130.00 feet. THENCE With the arc of the said curve 148.54 feet, the long chord of which bears N 88 02' 07" E, 140.59 feet, to the PT of said curve. THENCE S 59 13' 55" E 264.12 feet to the East corner of this tract. THENCE S 15° 22' 10" E 86.59 feet to the POINT OF BEGINNING containing 1.44 acres of land, more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech, Inc., and are true and correct to the best of my knowledge. RIO TECH, INC. Date Job. No. 103- 2325 -32 EXHIBIT "A" PAGE 1 OF 2 Steven D. Kaltman Registered Professional Land Surveyor No. 3337 SKETCH TO ACCOMPANY FIELD NOTES FOR. A 1.44 ACRE DRAINAGE EASEMENT IN THE A. SPREECHER SURVEY, ABSTRACT NO. 101, TRAVIS COUNTY, TEXAS 12.120 AC. TRACT I VOL. 10084, PG. 93 CORRIDOR DR CND BRO CI 500 °02' 07"W C2 N8V02' 07"E FARMERS INSURANCE GROUP 5'w ------------ DELTA RAO ARC CND 65 ° 27'55" 70.00 79.90 75.70 65 ° 27' 55" 150.00 141.54 140.59 21.216 AC. TRACT It VOL.10084, PG. 93 PROPOSED 901 R.O.W. ■ POINT OF BEGINNING ■ rl 530.49' oo "w 36.6o EXHIBIT "A" T2,N30. 19' 00"E 51.32 PAGE 2 OF 2 r J DATE: JULY . 1990 :JOB NO. :103 -2325 > $.r SCALE: I"=100 DRAWN: KWW rti a A ..,.53 95•M rio tech, inc. '12121 250 0373 306.1113p 20516aar, n 520 ranch road 620 ualln. l•,aa 70726 DATE: February 26, 1991 SUBJECT: City Council Meeting, February 28, 1991 ITEM: 9.C. Consider a resolution authorizing the Mayor to enter into an agreement with Tom E. Nelson for Corridor Drive. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval This resolution authorizes the Mayor to execute on behalf of the City an agreement to provide for the following: 1) Nelson would dedicate Right -of -Way necessary to extend Corridor Drive North to FM 1325. 2) The City would construct one half of a 60' Road as a CIP project to assure access from Corridor Park, Farmer's Insurance, Wayne /Dresser and other properties which have been negatively impacted by the conversion of the frontage road to a one way facility. 3) Nelson would construct the second half of a 60' road when 30 or more acres are sold, leased, developed or subdivided; or when any sale, lease, development or subdivision require access to Corridor Drive. An exception is provided for a corner tract at the FM 1325 intersection which has 250 feet or less frontage on Corridor Drive. KAREN MASON (512) 435 -2368 Stephan Sheets Brown McCarroll Sheets & Crossfield 309 E. Main Street Round Rock, TX 78664 -5264 Dear Mr. Sheets: Enclosure cc: John Nelson (Via Facsimile) 71313.1/121099 ARMBRUST BROWN & DAVIS, L.L.P. ATTORNEYS AND COUNSELORS 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 787014042 (512) 435.2300 TELECOPIER (512) 435.236D December 10, 1999 RE: Confirmation of Completion of Construction 9' 1) :: -:R KCYJ Pursuant to John Nelson's request, I am forwarding to you an original copy of the Confirmation of Completion of Construction for your signature. Very truly yours, ARMBRUST BROWN & DAVIS, L.L.P. Karen Nason THE STATE OF TEXAS COUNTY OF TRAVIS A. The City of Round Rock, Texas ( "City ") and Tom E. Nelson, Jr., Trustee No. II ( "Nelson ") entered into that certain "Right of Way Dedication and Road Construction Agreement" dated February 28, 1991, and recorded as Document No. 91041702 in the Real Property Records of Travis County, Texas (the "Construction Agreement ") pertaining to the conveyance of certain easements to the City and the construction of a sixty foot (60') wide street and related facilities. B. In connection with a contract for the purchase of a portion of the property owned by Tom E. Nelson, Jr., Trustee No. II, the purchaser has requested that the City confirm that all construction required under the Construction Agreement has been completed and thatneitherNelson nor any of its successors or assigns have any further obligations or responsibilities under the Construction Agreement. The undersigned authorized representative of the City of Round Rock, Texas does hereby certify and confirm on behalf of the City of Round Rock, Texas that all construction required under the Construction Agreement has been completed and that neither Nelson nor any of its successors or assigns have any further obligations or responsibilities whatsoever under the Construction Agreement, including but not limited to, the obligation to pay for any costs or expenses previously incurred or to be incurred in connection with the Construction I - em i / Signature: tb // PrintedName: 'O86QT L.136NA1ETT a. e. Title: CITY /m4AJReE r Date: 12 - 13 -99 THE STATE OF TEXAS § COUNTY OF LA) ILU#( ON § This instrument was acknowledged before me on the 13 day of 1999 by &O,C3E,Qr 1.• BEN/116n; J,P. , Clu m /10466,e of the City of Round Rock, Texas, on behalf of said City. (SEAL) 70491.2/120999 CONFIRMATION OF COMPLETION OF CONSTRUCTION CHRISTINE R. MAFMNEZ MY COMMISSION EXPIRES August 5, 2001 KNOW ALL MEN BY THESE PRESENTS: Notary Public Signature No Text STEPHAN L. SHEETS KEVIN HENDERSON CHARLES D CROSSFIELD STEVEN C COPENHAVER Mrs. Joanne Land City Secretary City of Round Rock 221 E. Main Street Round Rock, TX 78664 SLS /gj Enclosures STEPHAN L. SHEETS & ASSOCIATES, P.C. ATTORNEYS AT LAW 309E MAIN STREET ROUND ROCK. TEXAS 78664 June 6, 1991 Re: Corridor Park Drive Extension TELEPHONE (512) 255.8877 FAX (512) 2558986 Dear Joanne: Would you please place the following recorded documents in the permanent files of the City of Round Rock: 1. Right -of -Way Dedication and Road Construction Agreement, 2. Warranty Deed, 3. Drainage Easement Agreement, and 4. Temporary Construction Easement Agreement. Thank you for your attention to this matter. Sinc$ rely, Stephan L. Sheets • .00. NO. 91041703 Date: February _If , 1991 Grantor: Tom E. Nelson, Jr., Trustee No. II Grantor's Mailing Address (including county): 2414 Exposition Blvd., Suite D -200, Austin, Travis County, Texas 11227 QM 9818 3 3 OS/21%91 Grantee: City of Round Rock, Texas 9104 17,03 DO Grantee's Mailing Address (including county): 221 East Main Street, Round Rock, Williamson County, Texas Consideration: Ten and No /100 Dollars and other valuable consideration. Property (including any improvements): Attached as Exhibit "A" and incorporated herein. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors,' administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. EXECUTED this 2?)4 day of , 1991. STATE OF TEXAS TC01260C WARRANTY DEED GRANTOR: MAY 2 4 REM T' 4 ■4o.�L To E. Nelson, /�Jr., Trustee No. II COUNTY OF WILLIAMSON A �/ � was acknowledged before me on the �et day of , 1991, by Tom E. Nelson, Jr., Trustee No. II Notary Pubic, State Printed Name: My Commission Expires: REAL PROPERTYREOORDS TRAVIS COUNTY, TEXAS I I Li!I 1 0136 FILM CODE 00004706677 FIELD NOTES FOR 2.82 ACRES EXHIBIT "A" PAGE 1 of 4 FIELD NOTES describing 2.82 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis Conty, Texas, being 1.31 acres of Tract II, a 21.216 acre tract and 1.51 acres of Tract III, a 17.715 acre tract, as conveyed to Toni E. Nelson, Trustee No. 11, by deed recorded in Volume 10084, Page 93 of the deed records of Travis County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the West line of Lot 3 of Corridor Park I as recorded in Book 85, Page 65 D of the Plat Records of Travis County, for the East corner of this tract. THENCE S 30 28' 06" W at 5.00 feet pass the West corner of the said Lot 3 and the North line of Corridor Drive, at 85.00 feet pass the South line of Corridor Drive and the North corner of Lot 1 of Corridor Park I, and continue for a total distance of 90.00 feet to an iron pin set for the South corner of this tract. THENCE N 59 31' 55" W 95.14 feet to an iron pin set in the P.C. of a curve to the right having a radius of 385.00 feet and a central angle of 24° 50' 04 ". THENCE with the arc of the said curve 166.88 feet, the long chord of which bears N 47 06' 52" W 165.57 feet to an iron pin set for the P.T. of the said curve. THENCE N 34 41' 50" W 674.39 feet to an iron pin set in the P.C. of a curve to the right having a radius of 385.00 feet and a central angle of 31 33' 50 ". THENCE with the are of the said curve 212.09 feet, the long chord of which bears N 18 54' 55" W 209.42 feet to an iron pin set for the P.T. of the said curve. THENCE N 03° 08' 00" W 50.00 feet to an iron pin set in the P.C. of a curve to the left having a radius of 261.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 31.44 feet, the long chord of which bears N 06 35' 02" W 31.42 feet to an iron pin set for the P.T. of the said curve and the P.C. of a curve to the right having a radius of 291.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 35.05 feet, the long chord of which bears N 06 35' 03" W 35.03 feet to an iron pin set for the P.T. of the said curve. THENCE N 03 08' 00" W 112.51 feet to an iron pin set in the P.C. of a curve to the right having a radius of 15.00 feet and a central angle of 90° 00' 00 ". THENCE with the arc of the said curve 23.56 feet, the long chord of which bears N 48. 08' 00" W 21.21 feet to an iron pin set on the South line of F.M. 1325 for the P.T. of the said curve and the West corner of this tract. REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 111441 0137 THENCE N 86 52' 00" E with the South line of F.M. 1325 128.00 feet to an iron pin set for the North corner of this tract and the P.C. of a curve to the left having a radius of 15.00 feet and a central angle of 90° 00' 00 ". THENCE with the arc of the said curve 23.56 feet, the long chord of which bears S 41 52' 00" W 21.21 feet to an iron pin set for the P.T. of the said curve. THENCE S 03 08' 00" E 112.51 feet to an iron pin set in the P.C. of a curve to the right having a radius of 291.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 35.04 feet, the long chord of which bears S 00 19' 04" E 35.03 feet to an iron pin set for the P.T. of the said curve and the P.C. of a curve to the left having a radius of 261.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 31.44 feet, the long chord of which bears S 00° 19' 04" E 31.42 feet to an iron pin set for the P.T. of the said curve. THENCE S 03 08' 00 E 50.00 feet to an iron pin set in the P.C. of a curve to the left having a radius of 295.00 feet and a central angle of 31 33' 50 ". THENCE with the arc of the said curve 162.51 feet, the long chord of which bears S 18 54' 55" E 160.47 feet to an iron pin set for the P.T. of the said curve. THENCE S 34 41' 50" E 674.39 feet to an iron pin set in the P.C. of a curve to the left having a radius of 295.00 feet and a central angle of 24° 50' 04 ". THENCE with the are of the said curve 127.87 feet, the long chord of which bears S 47 06' 52" E 126.87 feet to an iron pin set for the P.T. of the said curve. THENCE S 59 31' 55" E 95.14 feet to the POINT OF BEGINNING containing 2.82 acres of land more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech Inc., and are true and correct to the best of my knowledge. STEVEN 0. KALLMAN 3337 0'.. S U ` & r' Rio Tech Inc. EXHIBIT "A" PAGE 2 of 4 az_ Steven D Kaltman Registered Public Surveyor No. 3337 72 S -90 Date Job No. 103 -2325 REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 1 1001 0138 SKETCH TO ACCOMPANY FIELD NOTES FOR A 2.82 ACRE TRACT IN THE A. SPREECHER SURVEY, ABSTRACT NO. 101, TRAVIS COUNTY, TEXAS 7.II0f T= MIME talcums . xl N 03 ".08' 00" N 50.00 72 3 OS° 08' 00" E 50.00 0J 128.00' N 86' 02' 00 "E C[I YhffiE 1$. 51.gAB315 Q 365200 12y05 iRg 0D80 Cl N 47' 06' 52' W 305.00 24. 50' 04' 166.00 165.57 C2 N 10' 54' 55' W 385.00 31' 33' 50' 212.09 .209.42 0.3 N 06' 35'02" W 261.02 06' 54' 04" 31.44 31.42 C4 N 06' 35' 03" W 291.02 06 54' 04" 35.05 35.03 05 N 48" 08' 00• W 15.00 90' 00' 00" 23.56 21.21 C6 S 41. 52' 00' W 1.5.00 90' 00' 00' 23.56 21.21 C7 S 00. 19' 04' E 291.02 06' 54' 04" 35.04 35.03 00 5 00' 19' 04' E 261.02 06 54' 04" 31.44 31.42 C9 S 10. 54' 55" E 295.00 31" 33' 50" 162.51 160.47 C10 S 47 06' 52" E 295.00 24. 50' 04" 127.07 126.87 REAL PROPERTY RECORDS / TRAVIS COUNTY, TEXAS F. M. 1325 G • l ? C' \ * DATE: JULY, 1990 JOB NO.: 103 -2325 SCALE' I "= 100' DRAWN BY' TJL i 15121 250 0373 ■ 1 y otl EXHIBIT "A" PAGE 3 OF 4 rio tech, inc. consultlno 0091no0r. 9510 ranch road 620 aus tin, taxa, 70726 1100 0139 G 2E4L2aLa 1a 011.1E88113 POQIIE MITD 994 goo. C1 N 47. 06' 52" N 385.00 24. 50' 04" 166.08 165.57 C2 N 18. 54' 55" N 305.00 31. 33' 50" 212.09 209.42 03 N 06. 35' 02" N 261.02 00" 54'„04• 31.44 31.42 64 N 06. 35' 03" N 291.02 06. 54' 04" 35.05 35.03 CS N 40 08' 00" N 15.00 90. 00' 00" : 23.56 21.21 C6 0 41 52' 00" N 15.00 90 00' 00" 23.56 21.21 C7 5 00' 19' 04" 8 291.02 06. 54' 04" 35.04 35.03 C8 5 00. 19' 04 8 261.02 06 54' 04•, 31.44 31.42 C9 0 18. 54' 55. 6 295.00 31. 33. 50• 162.51 160.47 CIO 5 47. 06' 52. 8 295.00 24. 50' 04" 127.07 126.07 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS. l> :17 21.216 AC. TRACT II VOL. 10084, PG. 93 t \; 15121 250 8373 �OSa 08 /t Os. SCALE: I "= 100' rti 5' 6' X8 0' / H O R O4 ) 4 ', EXHIBIT "A" PAGE 4 OF 4 • consulIInO onOlnoors 9510 ranch Toad 020 audio. texas 70720 POINT OF. BEGINNING DRAWN BY: TJL no tech, inc. CORRIDOR PARK I BOOK 85, PG. 65 D DATE: JULY, 1990 JOB NO: 103 -2325 11441 0140 (PIO II' }�► RECORDER'S MEMORANDUM - At the time of recordation this instrument was found tobe inadequate l for the best photographic reproduction, because of illegibility, carbon or photo copy, discolored paps I etc. All blockouts, additions and changes ware present L 1 at the time the instrument was filed and recorded. STEPHAN L. SHEETS & ASSOCIATES. FO ATTORNEYS AT LAW 309 E MAIN STREET ROUND ROCK, TEXAS 78664 FILED 91 HAY 21 AH 9: 32 DANA HTY CLER TRAVIS COUNTY, TEXA REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS I I ■-! O I II $TA1ECFTptAg - t hbeey cetity that thi CDUflR'OF was duty RO OR RECO Instrument was RDED, � hereon by FILED e,, a new RECORDS of Terris whip T % l County, Tan m MAY 21 1991 C OUNTYCLERK TRAVIS COUNTY TF�tA.4 ix .. } f. OHO 1it1111 DOC. NO. . 91041704 STATE OF TEXAS COUNTY OF WILLIAMSON MAY 2 4 RECi DRAINAGE EASEMENT AGREEMENT FILM CODE 00004706678 iis27 AO 9215 11.00 WOW ' 3 3 05/21/91 12,24 —CW Grant of Easement 910417,04 -DOC 1. That Tom E. Nelson, Jr., Trustee No. II, hereinafter called Grantor, for a good and valuable consideration, paid by the City of Round Rock, Texas, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right -of -way upon and across the following described property of the Grantor: As more fully described in a Warranty Deed dated January 27, 1987 from Charles M. Christensen, Trustee, to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records of Travis County, Texas. Character of Easement 2. The easement granted herein is appurtenant to the dominant tenement. Location of Easement 3. The easement and right -of -way hereby conveyed shall be upon and across a portion of the above described property more particularly described as follows: As more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes. Purpose of Easement 4. The right -of -way, easement, rights, and privileges herein granted shall be used only for the construction and maintenance of a drainage way, together with the customary uses attendant thereto. The City reserves the right to make the improvements on such grade and according to such plans and specifications, as will, in its opinion, best serve the public purpose. The consideration paid shall be considered full compensation for same and for any diminution in value that may result to remaining property by virtue of proximity of the project, grade alignment or the alteration of drainage patterns and facilities. Duration of Easement 5. The easement, rights, and privileges herein granted shall expire on December 31, 1991, or when the project engineers certify in writing to Grantor that construction is complete, whichever first shall occur. Grantor hereby binds himself, his heirs, 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. Exclusiveness of Easement 6. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant. Encroachments 7. Grantee shall have the right to cut and trim trees or shrubbery which may encroach upon the easement area herein conveyed, TC01260D REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1 1 1I 1i 0142 and Grantee shall dispose of all cuttings and trimmings by loading and hauling away from the premises. Rights Reserved 8. Grantor also retains, reserves, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement. Entire Agreement 9. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Binding Effect 10. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this ..28 day of FLO,Qv , 1991. STATE OF TEXAS COUNTY OF WILLIAMSON CINDY L EASON Notary Peak. Slat, of Texas GRANTOR: of To7atrNe son, , Trustee No. II 43 is instrument instrument was acknowledged before me on the A9L day of 1471 , 1991, by Tom E. Nelson, Jr., Trustee No. II 2 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1 100 010 i�4�Ofr— Notary Public, State of Texas PrintedName: My Commission Expires: FIELD NOTES FOR 1.44 ACRES FIELD NOTES describing 1.44 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis County, Texas, being a part of Tracts I, II and III as conveyed to Tom E. Nelson, Trustee No. II by deed recorded in Volume 10084, Page 93 of the Deed Records of Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the East line of said Tract I for the East corner of this tract, from which point the Southeast corner of said Tract I bears S 15 22' 10" E 84.57 feet. THENCE N 59 13' 55" W 326.55 feet to the PC of a curve to the left, said curve having a central angle of 65 27' 55" and a radius of 70.00 feet. THENCE With the are of the said curve 79.98 feet, the long chord of which bears S 88 02' 07" W, 75.70 feet, to the PT of said curve. THENCE S 55 18' 10" W 588.00 feet to an angle point of this tract. THENCE S 30 49' 00" W 38.60 feet to the South corner of this tract. THENCE S 58 53' 35" W 60.00 feet to an interior corner of the above mentioned Tract III, a 17.715 acre tract for the West corner of this tract. THENCE N 30 49' 00" E 51.32 feet to an angle point of this tract. THENCE N 55 18' 10" E 601.02 feet to the PC of a curve to the right, said curve having a central angle of 65 27' 55" and a radius of 130.00 feet. THENCE With the arc of the said curve 148.54 feet, the long chord of which bears N 88 02' 07" E, 140.59 feet, to the PT of said curve. THENCE S 59 13' 55" E 264.12 feet to the East corner of this tract. THENCE S 15 22' 10" E 86.59 feet to the POINT OF BEGINNING containing 1.44 acres of land, more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech, Inc., and are true and correct to the best of my knowledge. RIO TECH, ENC. Steven D. Kallman Registered Professional Land Surveyor No. 3337 7 - z s - 90 Date Job. No. 103 - 2325 -32 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1 1 4 0 1L141 EXHIBIT "A" PAGE 1 OF 2 SKETCH TO ACCOMPANY FIELD NOTES FOR. k 1:44 ACRE DRAINAGE EASEMENT IN THE A. SPREECHER SURVEY, ABSTRACT NO. 1.01, TRAVIS COUNTY, TEXAS 12.120 AC. TRACT I VOL. 10084, PG. 93 N N TI 930' 49' 00 'W 38.60 T2 N30' 49' 00% 51.32 REAL PROPERTY RECORDS ,RAMS oolfl:TY.TC °• - FARMERS INSURANCE GROUP 6ti CHD SRO DELTA RAD ARC CHD CI S88 ° 02' 07 "W 65 ° 27'55" 70.00 79.90 75.70 C2 N88 07`E 65 ° 27' 05" 130.00 14834 140.09 21.216 AC. TRACT II V0L.I0084, PG. 93 CORRIDOR DR. PROPOSED 90' R.O.W. EXHIBIT "A" PAGE 2 OF 2 DATES JULY , 1990 SCALE: I" =100' ■ POINT OF BEGINNING s 17 2 6 . ■ JOB NO. -2325 DRAWN KWW rio tech, inc. -• 15121 250 0373 consulting onglnoors 9510 ranch rood 020 2ustln. loxes 79726 11t44.I 10I14 5 uQft1 -U ' F /LED 91 MAY 2 1 AN 9: DANA OE ucAUVOtR, iRAIISUCOUNTY CLERK R' RECORDER'S MEMORANDUM - At the time of recordation this instrumentwas found to be inadequate for the best photographic reproduction, because of .I illegibility, carbon or photocopy, discoloredpaper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. STEPHAN L. SHEETS & ASSOCIATES P.C. ATTORNEYS AT LAW 309 E. MAIN STREET ROUND ROCK. TEXAS 76664 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1 44 101 MA Y '2X 799/ COIrf v R��RK SAS 30C. NO. 91041705 STATE OF TEXAS COUNTY OF WILLIAMSON TC01260E TEMPORARY CONSTRUCTION EASEMENT AGREEMENT Grant of Easement Purpose of Easement Duration of Easement MAY 2 4 RECO' Exclusiveness of Easement REAL PROPERTYRECOROS TRAVIS COUNTY, TEXAS 1114144 047 1 _ ; FILM CODE 00004106 11 :27 AH 9818 1. That Tom E. Nelson, Jr., Trustee No. II, hereinafter called Grantor, for a good and valuable consideration, paid by the City of Round Rock, Texas, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right -of -way upon and across the following described property of the Grantor: As more fully described in a Warranty Deed dated January 27, 1987 from Charles M. Christensen, Trustee, to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records of Travis County, Texas. Character of Easement % • 2. The easement granted herein is appurtenant to the dominant tenement. f _ . Location of Easement 3. The easement and right -of -way hereby conveyed shall be upon and across a portion of the above described property more particularly described as follows: As more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes. 4. The right -of -way, easement, rights, and privileges herein granted shall be used only for the purpose of a temporary construction easement to remove an existing dam and to construct and install storm water drainage and related improvements. 5. The easement, rights, and privileges herein granted shall expire on December 31, 1991, or when the project engineers certify in writing to Grantor that construction is complete, whichever first shall occur. Grantor hereby binds himself, his heirs, 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. 6. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant. Entire Agreement 7. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 3 3 05/21/91 12.24 -CHK4 910417.05 -Doc: Binding Effect 8. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this 871 day of AWA 4 , 1991. STATE OF TEXAS COUNTY OF WILLIAMSON CINDY L. EASON Wiry Mlle. Stab) of Taus MyCcomm on Ewes Sept 17.1991 GRANTOR: To E. N lson r., Trustee No. II �Thi instrument was acknowledged before me on the 28D'-' day of , 1991, by Tom E. Nelson, Jr., Trustee No. if 2 Notary P lic, State of Texas PrintedName: My Commission Expires: REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS IILILII 01L1 FIELD NOTES FOR 3.55 ACRES EXHIBIT "A" PAGE 1 OF 2 FIELD NOTES describing 3.55 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis County, Texas, being a part of Tracts I, II and III as conveyed to Tom E. Nelson, Trustee No. II by deed recorded in Volume 10084, Page 93 of the Deed Records of Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point being the intersection of the East line of Corridor Drive, a 90.00 foot right -of -way, and the West line of the aforesaid 21.216 acre Tract II, for a point in the West line of this tract from which the Southwest corner of the Tract II bears S 30 28' 50" W 1147.47 feet. THENCE N 34 41' 50" W with the East line of Corridor Drive, 99.66 feet for an angle point of this tract. THENCE N 55 18' 10" E 70.00 feet for an angle point of this tract. THENCE N 00 21' 37" E 211.46 feet for the Northwest corner of this tract. THENCE S 89 41' 50" E 500.00 feet for the Northeast corner of this tract. THENCE S 00 18' 10" W 270.00 feet for the Southeast corner of this tract. THENCE N 89 41' 50" W 270.00 feet for an angle point in the South line of this tract. THENCE S 55 18' 10" W 225.00 feet to a point in the East line of Corridor Drive for the South corner of this tract. THENCE N 34° 41' 50" W 80.34 feet to the POINT OF BEGINNING containing 3.55 acres of land, more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech, Inc., and are true and correct to the best of my knowledge. RIO TECH, INC. // Steven D. Kaltman Registered Professional Land Surveyor No. 3337 7 -2 s - 90 Date Job. No. 103- 2325 -32 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS I I 1 4! I 0 ItI SKETCH TO ACCOMPANY FIELD NOTES FOR A.,3 :55 ACRE TEMPORARY CONSTRUCTION EASEMENT IN THE A.SPREECHER SURVEY, ABSTRACT NO. 101, TRAVIS COUNTY, TEXAS �� 00 N \ ` W \ O V N 55° 18'10" E 70.00' Qo N 0 0 z C" POINT OF ° L PG • 41' 50" W __- --' BEGINNING O�P \O °o \ \ 9 \ \ .. \ ^P,,,.., \ hi)/ • \ n \ REAL PROPERTY RECORDS TRAVIS t`rinurv 89° 41 50 E 500.00' \ v co 3.55 ACRES �P 21.216 AC. TRACT IL VOL. 10084, PG. 93 12.120 AC. TRACT S VOL. 10084 PG. 93 I I�I+I 01501010 IIlNi DATE• JULY, 1990 JOB NO.: 103 2325 SCALE: 1 ° = 100' rti rio tech, inc. 15121 250 0373 EXHIBIT "A" PAGE 2 OF 2 DRAWN TL consulting onglnaors 0510 ranch road 020 auslIn. texas 70720 N 0 0 ' ; RECORDERS MEMORANDUM - M the time of .I recordation this instrument was found to b in a d ee a t e ' for the best photographic rep discolored paper, i I illegibility, carbon or photo copy. Papc , etc. All blockouts, additions and changes were present 1 at the time the instrument was filed and recorded.] 436/11, 441: STEPIIAN L. SHEETS & ASSOCIATES. P.C. ATTORNEYS AT LAW 309 E. MAIN STREET ROUND ROCK. TEXAS 76664 FILED 91 MAY 21 Ali 9,36 DANA DE BE gUyp'R TRAVIS U C 0 U N 7YET EKA S REAL PROPERTY RECORDS • TRAVIS COUNTY, TEXAS MAY 21 1991 1T.i' Oi5oCIa Ic1�1 STATEOFTE(Ag 111 =abb. that tall Instrument w as MED a e date t �t the time stamped hereon RLED an mend RECORDS ED In Me Volume ands at the t ram county. Taus. .0 TRAVISCOUNTY, TEXAS J DOC. NO. 91041702 MAY 2 4 REG Right -of -Way Dedication t, FILM CODE an Road Construction Agreement 00004706676 This Right -of -Way Dedication and Road Construction Agreement ( "Agreement ") is entered into this afj46 day of February, 1991 by and between the City of Round Rock, Texas, ( "City ") and Tom E. Nelson, Jr., Trustee No. II ( "Nelson ") . 39.00 IMOx 11.26 AM 9315 a 5 05/21/91 12.24 -CH31 I. Purpose 910477.02 -000 The purpose of this Agreement is to set forth the terms and conditions by which Nelson agrees to convey the right -of -way and related easements necessary for the construction of a sixty foot (60') wide street and related facilities, as well as setting out the responsibilities of the parties for the construction. II. Dedication In consideration for the covenants herein, Nelson agrees to grant, convey, and dedicate at no cost to the City the necessary right -of -way, temporary construction easement, and drainage easement needed for the construction of the proposed extension of Corridor Drive from its present terminus to FM 1325. The general location of the Corridor Drive extension is shown on Exhibit "A." The dedication instrument for the road right -of -way is attached hereto as Exhibit "B." The Temporary Construction Easement is attached hereto as Exhibit "C." The Drainage Easement is attached hereto as Exhibit "D." Nelson agrees to execute and deliver the originals of Exhibits "B ", "C ", and "D" simultaneously with the execution of this Agreement. III. City's Construction Responsibilities In consideration of the dedication of the aforementioned right - of -way and easement, City agrees to construct at its sole cost and expense the eastern one -half of the proposed sixty foot roadway, along with the necessary drainage improvements and utility lines as shown on the document titled Construction Plans for the City of Round Rock, Texas, Corridor Drive Street & Drainage Improvements, September 1, 1989 ( "Plans ") herein referred to and incorporated herein. Copies of the Plans have been approved and signed by the parties hereto. As part of its responsibilities, City agrees to remove and take out the small dam and pond located within the temporary construction easement, to construct a barbed wire fence along the right -of -way, and to install sleeves for future utility lines, all of which are shown in detail on the Plans. C /ROWDED REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS I I L1 !I i 0' 1 7 IV. Nelson's Construction Responsibilities Nelson agrees that it will construct at its sole cost and expense the western one -half of the sixty -foot (60') roadway upon the first to occur of the following: (1) the sale, lease, and /or development of thirty (30) acres or more out of the property ( "Property ") described in a Warranty Deed from Charles M. Christensen, Trustee to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records, Travis County, Texas, (2) any sale, lease, development, subdivision or combination thereof which requires access to Corridor Drive, provided however that corner tracts at the intersection of FM 1325 and Corridor Drive which have two - hundred and fifty feet (250') or less of frontage along Corridor Drive may be developed without triggering the construction of the western one -half of the road way. V. Sale and /or Assignment of Property The covenants, conditions, and obligations of Nelson contained herein shall run with and bind the Property, and shall inure to the benefit of, and be enforceable by the City. This Agreement shall be recorded in the Real Property Records of Travis County, Texas. VI. Miscellaneous (a) Assignment. This Agreement may be assigned by Nelson provided that Nelson's assignee shall expressly assume all of Nelson's liabilities, obligations, and duties hereunder. (b) Survival of Covenants. Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the dedication of the right -of -way and easements contemplated hereby shall survive the closing and shall not be merged therein. (c) Texas Law; Venue. This Agreement 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. (d) Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by that Agreement. (e) Legal Construction. 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 2 . REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1101 01 1 (f) (g) ATTEST: contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded. This Agreement 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. Time of Essence. Time is of the essence of this contract. Dated this day of February, 1991. Joanne Land, City Secretary STATE OF TEXAS COUNTY OF 3. o„ E. N CITY OF ROUND ROCK, TEXAS By: Mike Robinson, Mayor Th's instrument was acknowledged before me on the , r0 4 4day of , 1991, by Tom E. Nelson, Jr., Trustee No. II Notary Public, State of Texas Printed Name: My Commission Expires: REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1 1 t 1 01 19 rustee No. II STATE OF TEXAS COUNTY OF ) LQiL.(ttnAGY This instrument was acknowledged before me on the day of Texas, on bhalf of the City. , 1991, by Mike Robinson, Mayor, City of Round Rock, VIRGINIA M. MORENO Pubk, Stub M si Exp�resJ 11 Co 1992 4. Nota � Public, State of Texas Print- Name: My Commission Expires: REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 111.0( 0120 SELSTROM JOINT VENTURE TRACT 48 ACRES± S/W CORNER I.H. 35 & F.M. 1325 • 746' EXISTING 16" W.L. EXIST. 12" W.L. 4 14.8 AC.± W.W.L. SLEEVE 90 ' 106' W.L. SLEEVE 9.8 AC.± 60' DRAINAGE EASEMENT 7 • PROP. 8" W.W.L. 15.0 AC.± 2.8 AC.± W.L. SLEEVE 5.5 AC.± EXIST. 12" W.L. ay. EXIST. 10" W.W.L. • BRATTON CEMETERY RESERVOIR 00' v y EXIST. 12" W.L. O F.M. 1325 NOTE: ALL DIMENSIONS AND ACREAGES ARE APPROXIMATE ONLY. M �1 t 1" =400' J rti , RIO TECH, INC. 9510 RANCH ROAD 620 AUSTIN, TEXAS 78726 (512) 250 -8373 1 STATE OF TEXAS COUNTY OF WILLIAMSON TC01260C WARRANTY DEED Date: February , 1991 Grantor: Tom E. Nelson, Jr., Trustee No. II Grantor's Mailing Address (including county): Suite D -200, Austin, Travis County, Texas Grantee: City of Round Rock, Texas Grantee's Mailing Address (including county): 221 East Main Street, Round Rock, Williamson County, Texas Consideration: Ten and No /100 Dollars and other valuable consideration. Property (including any improvements): Attached as Exhibit "A" and incorporated herein. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. EXECUTED this day of , 1991. GRANTOR: Tom E. Nelson, Jr., Trustee No. II • • This instrument was acknowledged before me on the day of , 1991, by Tom E. Nelson, Jr. 2414 Exposition Blvd., Notary Public, State of Texas Printed Name: My Commission Expires: i EXHIBIT 1 3 1 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 11 1I 1 . I, 0 1 2 2 FIELD NOTES FOR 2.82 ACRES EXHIBIT "A" PAGE 1 of 4 FIELD NOTES describing 2.82 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis Conty, Texas, being 1.31 acres of Tract II, a 21.216 acre tract and 1.51 acres of Tract III, a 17.715 acre tract, as conveyed to Tom E. Nelson, Trustee No. II, by deed recorded in Volume 10084, Page 93 of the deed records of Travis County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the West line of Lot 3 of Corridor Park I as recorded in Book 85, Page 65 D of the Plat Records of Travis County, for the East corner of this tract. THENCE S 30 28' 06" W at 5.00 feet pass the West corner of the said Lot 3 and the North line of Corridor Drive, at 85.00 feet pass the South line of Corridor Drive and the North corner of Lot 1 of Corridor Park I, and continue for a total distance of 90.00 feet to an iron pin set for the South corner of this tract. THENCE N 59 31' 55" W 95.14 feet to an iron pin set in the P.C. of a curve to the right having a radius of 385.00 feet and a central angle of 24° 50' 04 ". THENCE with the arc of the said curve 166.88 feet, the long chord of which bears N 47 06' 52" W 165.57 feet to an iron pin set for the P.T. of the said curve. THENCE N 34° 41' 50" W 674.39 feet to an iron pin set in the P.C. of a curve to the right having a radius of 385.00 feet and a central angle of 31° 33' 50 ". THENCE with the arc of the said curve 212.09 feet, the long chord of which bears N 18 54' 55" W 209.42 feet to an iron pin set for the P.T. of the said curve. THENCE N 03 08' 00" W 50.00 feet to an iron pin set in the P.C. of a curve to the left having a radius of 261.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 31.44 feet, the long chord of which bears N 06 35' 02" W 31.42 feet to an iron pin set for the P.T. of the said curve and the P.C. of a curve to the right having a radius of 291.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 35.05 feet, the long chord of which bears N 06 35' 03" W 35.03 feet to an iron pin set for the P.T. of the said curve. THENCE N 03 08' 00" W 112.51 feet to an iron pin set in the P.C. of a curve to the right having a radius of 15.00 feet and a central angle of 90 00' 00 ". THENCE with the arc of the said curve 23.56 feet, the long chord of which bears N 48.° 08' 00" W 21.21 feet to an iron pin set on the South line of F.M. 1325 for the P.T. of the said curve and the West corner of this tract. REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 11041, 0123 EXHIBIT "A" PAGE 2 of 4 THENCE N 86 52' 00" E with the South line of F.M. 1325 128.00 feet to an iron pin set for the North corner of this tract and the P.C. of a curve to the left having a radius of 15.00 feet and a central angle of 90° 00' 00 ". THENCE with the arc of the said curve 23.56 feet, the long chord of which bears S 41 52' 00" W 21.21 feet to an iron pin set for the P.T. of the said curve. THENCE S 03 08' 00" E 112.51 feet to an iron pin set in the P.C. of a curve to the right having a radius of 291.02 feet and a central angle of 06 54' 04 ". THENCE with the arc of the said curve 35.04 feet, the long chord of which bears S 00 19' 04" E 35.03 feet to an iron pin set for the P.T. of the said curve and the P.C. of a curve to the left having a radius of 261.02 feet and a central angle of 06° 54' 04 ". THENCE with the arc of the said curve 31.44 feet, the long chord of which bears S 00 19' 04" E 31.42 feet to an iron pin set for the P.T. of the said curve. THENCE S 03 08' 00 E 50.00 feet to an iron pin set in the P.C. of a curve to the left having a radius of 295.00 feet and a central angle of 31 33' 50 ". THENCE with the are of the said curve 162.51 feet, the long chord of which bears S 18 54' 55" E 160.47 feet to an iron pin set for the P.T. of the said curve. THENCE S 34 41' 50" E 674.39 feet to an iron pin set in the P.C. of a curve to the left having a radius of 295.00 feet and a central angle of 24 50' 04 ". THENCE with the arc of the said curve 127.87 feet, the long chord of which bears S 47 06' 52" E 126.87 feet to an iron pin set for the P.T. of the said curve. THENCE S 59 31' 55" E 95.14 feet to the POINT OF BEGINNING containing 2.82 acres of land more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech Inc., and are true and correct to the best of my knowledge. _L OF i r F- f CO STEVEN D. KALLMAN Rio Tech Inc. Steven D. Kaltman Registered Public Surveyor No. 3337 Date Job No. 103 -2325 REAL FRO: :RTY RECORDS TRAVIS COUNTY, TEXAS 110-11 01211 SKETCH TO ACCOMPANY FIELD NOTES FOR A 2.82 ACRE TRACT IN THE A. SPREECHER SURVEY, ABSTRACT NO. 101, TRAVIS COUNTY, TEXAS MELT= X MBIIK ." T1 ' N 03 00• N 50.00 T2 5 05° 08' 00" E 50.00 F. M. 1325 CURVE MIA 13.. 2.1% 30005 1L'J✓ID N& 49112 C1 N 47. 06' 52' N 385.00 24. 50. 04' 166.06 165.57 C2 N 16. 54' 55' N 385.00 31 33' 50' 212.09 ••209.42 C3 N 06. 35' 02" N 261.02 06. 54' 04• 31.44 31.42 C4 N 06 35' 03' 14 291.02 06 54' 04' 35.05 35.03 C5 N 48. 08' 00' N 15.00 90. 00' 00" 23.56 21.21 C6 S 41. 52' 00' 14 15.00 90. 00' 00' 23.56 21.21 C7 S 00. 19. 04" E 291.02 06. 54' 04' 35.04 35.03 CO 5 00. 19' 04' E 261.02 06. 54' 04' 31.44 31.42 09 s 18. 54' 55' E 295.00 31. 33' 50' 162.51 160.47 C10 S 47 06' 52.'2 295.00 24' 50' 04' 127.07 126.07 REAL0PERTY REGO OS TRA IS COUNTY. TE AS 1 1 o p 0 1 2 5 N DATE. JULY, 1990 SCALE. 1 "" 100" rU 15121 250 0373 ■ I 1 �1 EXHIBIT "A" PAGE 3 OF 4 JOB NO.. 103 -2325 DRAWN BY. TJL rio tech, inc. c0ncuIIIng 6n01noors 0510 ranch road 620 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1' 11041 0126 \'- 4• 0 619090 TUNE fiQa 2 ngli: ALTA A S:D2M C1 N 47. 06. 52• N 305.00 24. 50. 04• 166.00 165.57 C2 N 10 54' 35• N 305.00 31. 33. 50• 212.09 209.42 63 N 06. 35' 020 N 261.02 06. 54•,,04• 31.44 31.42 G N 06. 35' 03• N 291.02 06. 54' 04' 35.05 35.03 05 N 40 00' 000 N 15.00 90. 00. 00• 23.56 21.21 66 S 41. 52' 00 N 15.00 90. 00' 00• 23.56 21.21 63 S 00 19' 04" B 291.02 06. 54' 04• 35.04 35.03 C0 5 00. 19' 04• E 261.02 06. 54' 04•, 31.44 31.42 C9 S 10 54' 55" B 295.00 31' 33. 50" 162.51 160.47 C10 S 47 06' 52• B 295.00 24. 50' 04• 127.07 126.07 21.216 AC. TRACT II VOL. 10084, PG. 93 • Cl • Jg SCALE: .9 0 1 ' 9 1 • • 'Y • W y DATE: JULY, 1990 CORRIDOR PARK I BOOK 85, PG. 65 D I"= 100' 1 1. POINT OF. BEGINNING 5' % 49 0 R /e O, .411 AR. EXHIBIT "A" PAGE 4 OF 4 JOB NO: 103 -2325 DRAWN BY.TJL rtii rio tech, inc. 15121 350 0371 consulllno onglnaori 9510 ranch loan 620 nos lin. loxai 70720 STATE OF TEXAS COUNTY OF WILLIAMSON TEMPORARY CONSTRUCTION EASEMENT AGREEMENT Grant of Easement 1. That Tom E. Nelson, Jr., Trustee No. II, hereinafter called Grantor, for a good and valuable consideration, paid by the City of Round Rock, Texas, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right -of -way upon and across the following described property of the Grantor: As more fully described in a Warranty Deed dated January 27, 1987 from Charles M. Christensen, Trustee, to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records of Travis County, Texas. Character of Easement 2. The easement granted herein is appurtenant to the dominant tenement. Location of Easement 3. The easement and right -of -way hereby conveyed shall be upon and across a portion of the above described property more particularly described as follows: Purpose of Easement 4. The right -of -way, easement, rights, and privileges herein granted shall be used only for the purpose of a temporary construction easement to remove an existing dam and to construct and install storm water drainage and related improvements. 5. The easement, rights, and privileges herein granted shall expire on December 31, 1991, or when the project engineers certify in writing to Grantor that construction is complete, whichever first shall occur. Grantor hereby binds himself, his heirs, 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. TCfl12fif E As more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes. Duration of Easement Exclusiveness of Easement 6. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant. Entire Agreement 7. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. EXHIBIT R TRAVIS �COUNTY TEXA IIL1I, 0127 Binding Effect S. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this day of , 1991. STATE OF TEXAS COUNTY OF WILLIAMSON REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS I II-141 • 0128 GRANTOR: Tom E. Nelson, Jr., Trustee No. II This instrument was acknowledged before me on the day of , 1991, by Tom E. Nelson, Jr. Notary Public, State of Texas PrintedName: My Commission Expires: 2. FIELD NOTES FOR 3.55 ACRES FIELD NOTES describing 3.55 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis County, Texas, being a part of Tracts I, II and III as conveyed to Tom E. Nelson, Trustee No. II by deed recorded in Volume 10084, Page 93 of the Deed Records of Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point being the intersection of the East line of Corridor Drive, a 90.00 foot right -of -way, and the West line of the aforesaid 21.216 acre Tract II, for a point in the West line of this tract from which the Southwest corner of the Tract II bears S 30 28' 50" W 1147.47 feet. THENCE N 34 41' 50" W with the East line of Corridor Drive, 99.66 feet for an angle point of this tract. THENCE N 55° 18' 10" E 70.00 feet for an angle point of this tract. THENCE N 00 21' 37" E 211.46 feet for the Northwest corner of this tract. THENCE S 89 41' 50" E 500.00 feet for the Northeast corner of this tract. THENCE S 00 18' 10" W 270.00 feet for the Southeast corner of this tract. THENCE N 89 41' 50" W 270.00 feet for an angle point in the South line of this tract. THENCE S 55° 18' 10" W 225.00 feet to a point in the East line of Corridor Drive for the South corner of this tract. THENCE N 34 41' 50" W 80.34 feet to the POINT OF BEGINNING containing 3.55 acres of land, more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech, Inc., and are true and correct to the best of my knowledge. REAL PROPER1 Y RECJRDS TRAVIS COUNTY, TEXAS I I Li QI29 RIO TECH, INC. Steven D. Kaltman Registered Professional Land Surveyor No. 3337 7-.2 s 90 Date Job. No. 103- 2325 -32 EXHIBIT "A" PAGE 1 OF 2 SKETCH TO ACCOMPANY FIELD NOTES FOR A 3.55 ACRE TEMPORARY CONSTRUCTION EASEMENT IN THE A.SPREECHER SURVEY, ABSTRACT NO. 101, TRAVIS COUNTY, TEXAS \ p v J ! \ N \ O N55° 18 70.00 A REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS l I 0130 ■ 5 89° 41' 50" E 500.00' POINT OF BEGINNING 3.55 ACRES G' o' • \ \ y 21.216 AC. TRACT IL / \ \ VOL. 10084, PG. 93 a \ P' a \ 1 m \ 'F \ Q3 c II DATE: JULY, 1990 \ SCALE:I 100 rti 12. 120 AC. TRACT I VOL. 10084 PG. 93 15121 250 0373 EXHIBIT "A" PAGE 2 OF 2 JOB NO.: 103 - 2325 DRAWN•TJL rio tech, inc. consulting onglnaars 5510 ranch road 020 aus tin. loans 70726 N 0 0 STATE OF TEXAS COUNTY OF WILLIAMSON TC012600 DRAINAGE EASEMENT AGREEMENT Grant of Easement 1. That Tom E. Nelson, Jr., Trustee No. II, hereinafter called Grantor, for a good and valuable consideration, paid by the City of Round Rock, Texas, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right -of -way upon and across the following described property of the Grantor: As more fully described in a Warranty Deed dated January 27, 1987 from Charles M. Christensen, Trustee, to Tom E. Nelson, Jr., Trustee No. II, recorded in Volume 10084, Page 93, Real Property Records of Travis County, Texas. Character of Easement 2. The easement granted herein is appurtenant to the dominant tenement. Location of Easement 3. The easement and right -of -way hereby conveyed shall be upon and across a portion of the above described property more particularly described as follows: As more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes. Purpose of Easement 4. The right -of -way, easement, rights, and privileges herein granted shall be used only for the construction and maintenance of a drainage way, together with the customary uses attendant thereto. The City reserves the right to make the improvements on such grade and according to such plans and specifications, as will, in its opinion, best serve the public purpose. The consideration paid shall be considered full compensation for same and for any diminution in value that may result to remaining property by virtue of proximity of the project, grade alignment or the alteration of drainage patterns and facilities. Duration of Easement 5. The easement, rights, and privileges herein granted shall expire on December 31, 1991, or when the project engineers certify in writing to Grantor that construction is complete, whichever first shall occur. Grantor hereby binds himself, his heirs, 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. Exclusiveness of Easement 6. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant. Encroachments 7. Grantee shall have the right to cut and trim trees or shrubbery which may encroach upon the easement area herein conveyed, EXHIBIT n REAL PROPERTY COUNTY TEXAS H 441 0131 and Grantee shall dispose of all cuttings and trimmings by loading and hauling away from the premises. Rights Reserved 8. Grantor also retains, reserves, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement. Entire Agreement 9. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Binding Effect 10. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this day of , 1991. REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 111141 0132 2. GRANTOR: Tom E. Nelson, Jr., Trustee No. II STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 1991, by Tom E. Nelson, Jr. Notary Public, State of Texas PrintedName: My Commission Expires: FIELD NOTES FOR 1.44 ACRES FIELD NOTES describing 1.44 acres of land in the A. Spreecher Survey, Abstract No. 101, Travis County, Texas, being a part of Tracts I, II and III as conveyed to Toni E. Nelson, Trustee No. II by deed recorded in Volume 10084, Page 93 of the Deed Records of Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the East line of said Tract I for the East corner of this tract, from which point the Southeast corner of said Tract I bears S 15 22' 10" E 84.57 feet. THENCE N 59 13' 55" W 326.55 feet to the PC of a curve to the left, said curve having a central angle of 65 27' 55" and a radius of 70.00 feet. THENCE With the arc of the said curve 79.98 feet, the long chord of which bears S 88° 02' 07" W, 75.70 feet, to the PT of said curve. THENCE S 55 18' 10" W 588.00 feet to an angle point of this tract. THENCE S 30 ° • 49' 00" W 38.60 feet to the South corner of this tract. THENCE S 58 53' 35" W 60.00 feet to an interior corner of the above mentioned Tract III, a 17.715 acre tract for the West corner of this tract. THENCE N 30 49' 00" E 51.32 feet to an angle point of this tract. THENCE N 55° 18' 10" E 601.02 feet to the PC of a curve to the right, said curve having a central angle of 65 27' 55" and a radius of 130.00 feet. THENCE With the are of the said curve 148.54 feet, the long chord of which bears N 88° 02' 07" E, 140.59 feet, to the PT of said curve. THENCE S 59 13' 55" E 264.12 feet to the East corner of this tract. THENCE S 15 22' 10" E 86.59 feet to the POINT OF BEGINNING containing 1.44 acres of land, more or less. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Rio Tech, Inc., and are true and correct to the best of my knowledge. REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 1 1 LILII 0133 RIO TECH, INC. EXHIBIT "A" PAGE 1 OF 2 Steven D. Kalhnan Registered Professional Land Surveyor No. 3337 7--as- 90 Date Job. No. 103- 2325 -32 15121250 0372 DATE: JULY , 1990 JOB N0.: 103 -2325 SCALE: I =100' DRAWN: KWW rio tech, inc. coOSUllln9 anOlnoars 0510 ranch road 020 austl n, t°zaa 70720 SKETCH TO ACCOMPANY FIELD NOTES FOR A- ;1.44" ACRE DRAINAGE EASEMENT..IN THE A. SPREECHER ABSTRACT NO. 101, TRAVIS COUNTY, TEXAS 12.120 AC. TRACT I VOL. 10084, PG. 93 REAL PROPERTY RECO TI 030'49 "W 36.60 12 030' 49' 00 "E 51.32 S 01 N FARMERS INSURANCE GROUP 11 CUD 6R0 DELTA RAD ARC CHD CI 960 ° 02' 07 "W 63 ° 27'65" 70.00 79.96 76.70 C2 N66 07"0 66 °2Y 66" 130.00 146.04 140.69 21.216 AC. TRACT II VOL. 10084, PG. 93 CORRIDOR DR PROPOSED 90' R.O.W. REAL PROPERTY RECORDS 1 1 LI Lj 1 0 13 4 Travis County, Tdxas ■ POINT OF BEGINNING ■ ■ FILED 9I HAY 21 AM 9:31 C COU NT Y BCLER 0 !R TRA COUNTY. r =�e r STEPHAN L SHEETS & ASSOCIATES, P.C. j ATTORNEYS AT LAW 309 E MAIN STREET ROUND ROCK, TEXAS 78664 RECORDER'S MEMORANDUM - At the time of recordation this instrument was found to be inadequate for the but photographic reproduction, because of illegibility, carbon or photo copy, discolored paper, etc. All blackouts, additions and changes were present at the time the instrument was filed and recorded. FL :i PF)PERTYRECORDS TR AV` CODUT , Yi p Ofl9 JA30 t4iq ,.1, 1 elvaiT T SlATEOF t Len* only that for I OF at ties d ys RD stamped , b!' F EED railed Me E A railed flEOORpg of T rav a i srm u o ry j mat tha MAY 2x r 991 ,e4,6 44,,,,, TRAVI SCOUmY,Tpx�s P£I0 li 111 i