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R-95-05-25-14E - 5/25/1995( "GRR ") have previously entered an agreement whereby certain property owned by TCS and GRR would be designated an Industrial District and would not be subject to annexation before May 31, 1995, and WHEREAS, in consideration for the extension of the term of the RESOLUTION NO. R- 95- 05- 25 -14E 61.1aEAS, Texas Crushed Stone ( "TCS ")and Georgetown Railroad Industrial District for an additional seven years, TCS and GRR, have agreed to (1) donate a ten acre tract of land for the expansion of the water treatment plant, (2) donate an easement for the construction of a new raw water line from Lake Georgetown, (3) enter into two license agreements for the crossing of the railroad by the new water line, (4) petition for voluntary annexation the property subject to a treated water line easement along FM 1431, and (5) contribute $30,000.00 to the City, and WHEREAS, the Council wishes to approve the extension of the Industrial District, 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 the Third Agreement Extending Industrial District with TCS and GRR, a copy of which is attached hereto as Exhibit "A ". RESOLVED this 25th day of May, 1995. ATTEST: 41 .01 /4 alk_aA It IJ ' NNE LAND, City Secretary K. £SOLUTION 0. 5258 CHARLES CUI Mayor City of Round Rock, Texas THIRD AGREEMENT EXTENDING INDUSTRIAL DISTRICT This Third Agreement Extending Industrial District ( "this Agreement ") is made this 25th day of May, 1995 by and among the City of Round Rock, Texas ( "City "), Texas Crushed Stone ( "TCS ") and Georgetown Railroad ( "GRR "), and is as follows: RECITALS WHEREAS, heretofore, the City entered into an agreement with the Westinghouse Electric Corporation, ( "Westinghouse Agreement ") such agreement having been executed on the llth and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and WHEREAS, the Westinghouse Agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. (now codified in §42.044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, TCS and GRR purchased on June 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the Property" and WHEREAS, TCS, GRR and the City extended the aforesaid Westinghouse Agreement by and through that one certain Contract And Agreement Extending Industrial District ( "1985 Contract "), dated February 14, 1985 and recorded in Vol. 1162, Page 406 of the official Records of Williamson County, Texas, and corrected by a Memorandum of Correction dated May 23, 1985 and recorded in Vol. 1190, Page 622 of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that one certain Second Contract and Agreement Extending Industrial District ( "1988 Contract "), dated May 31, 1988 and recorded in Vol. 1720, Page 289 of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City now wish to further extend the Industrial District status previously granted, Now Therefore, IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS: 1. EXHIBIT "A" Page 1 of 5 Pages I. The City is in need of approximately ten acres of land for a water treatment plant expansion and an easement and two license agreements for the construction of an additional raw water line to parallel an existing raw water line. TCS and GRR hereby agree to convey the needed ten acres and easement and to enter into two license agreement with the City for the treatment plant and raw water line, as well as make a cash payment to the City in the amount of $30,000.00. GRR also agrees to petition the City for the voluntary annexation by the City of the land covered by a treated water line easement along FM 1431. II. For and in consideration of the conveyance of the ten acre tract for the expansion plant, the conveyance of an easement and the granting of two license agreements for the raw water line, the cash payment of $30,000.00, and the petition for annexation of the land covered by a treated water line easement along FM 1431, the City hereby grants an extension from May 31, 1995, to May 31, 2002 of the Industrial Distract status previously granted Westinghouse and extended pursuant to the 1985 Contract and the 1988 Contract. The Industrial District status will apply to the Property. Except as otherwise stated herein, TCS and GRR agree that upon the expiration of this Agreement and when requested by the City, they will file with the City a written petition and request for annexation of the Property not previously annexed. IV. TCS and GRR further agree that should they develop or sell for development all or any portion of the Property, such portion developed or sold for development shall be subject to immediate annexation and that the owner of said property shall petition the City for immediate annexation. It is further agreed that the owner of any portion so sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll -back taxes, that would have been payable had that portion of the property been annexed into the City on December 22, 1985. As used herein, the term "develop" shall mean putting the property to any use except agricultural or limestone mining or directly related activities. 2. EXHIBIT "A" Page 2 of 5 Pages V. As an additional assurance to the City that the Property shall be annexed when sold for development, developed or at the expiration of the extension, in addition to the petition referenced above, TCS and GRR herein requests annexation by the City in this contractual agreement, with the condition precedent to such request that it not be acted on prior to the Property or portion thereof being sold for development, or developed or prior to May 31, 2002. In the event for any reason the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement. VI. The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the Property. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the existing City Council and under which appropriate jurisdiction is had for the matters contained herein. VII. The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas. VIII. If any word, phrase, clause, paragraph, sentence, part, portion or provision of this contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the contract shall nevertheless be valid and TCS, GRR and City hereby declare that this contract would have been entered into and enacted without such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions. 3 . EXHIBIT "A" Page 3 of 5 Pages EXECUTED in multiple originals on the dates indicated below. Date: ATTEST: By: Date: JOANNE LAND, City Secretary CHARLES CULPEPPER, Mayor ATTEST: TEXAS CRUSHED STONE COMPANY By: Printed Name: Title: Date: STATE OF TEXAS COUNTY OF WILLIAMSON 4. By: By: W.B. Snead Title ATTEST: GEORGETOWN RAILROAD COMPANY By: By: Printed Name: E. DeS.Snead Title: Title: This instrument was acknowledged before me this day of May, 1995, by Charles Culpepper, Mayor of the City of Round Rock, Williamson County, Texas. EXHIBIT "A" Page 4 of 5 Pages Notary Public, State of Texas Printed Name: My Commission Expires: STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of , 1995, by W. B. Snead of Texas Crushed Stone Company. STATE OF TEXAS COUNTY OF WILLIAMSON 5. Notary Public, State of Texas Printed Name: My Commission Expires: This instrument was acknowledged before me this day of , 1995, by E. DeS. Snead of Georgetown Railroad Company. EXHIBIT "A" Page 5 of 5 Pages Notary Public, State of Texas Printed Name: My Commission Expires: DATE: May 23, 1995 SUBJECT: City Council Meeting - May 25, 1995 ITEM: 14.E. Consider a resolution authorizing the Mayor to execute a contract with Texas Crushed Stone and Georgetown Railroad creating an Industrial District. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: Texas Crushed Stone has requested their Industrial District be extended an additional 7 years. If the District is extended, the City would be unable to annex into the area for 7 years. Mr. Bill Snead has offered to donate waterline easements and at least 10 acres for the expansion of the water plant as a consideration for the District. STEPHAN L. SHEETS CHARLES D. CROSSF1ELD CARY L. BOVEY FELIX O'NEILL RIPPY Bill Snead Texas Crushed Stone Company P.O. Box 1000 Georgetown, Texas 78627 -1000 Dear Mr. Snead: CC /kg Enclosure /0 SHEETS & CROSSFIELD, P.C. ATTORNEYS AT LAW 309 E. MAIN STREET ROUND ROCK, TEXAS 78664 -5246 September 14, 1995 Via Fax 244 -6055 TELEPHONE 15121 255 - 8877 FAX 15121 255 - 8986 Re: Deed conveying 10.813 acres from Texas Crushed Stone Company to the City of Round Rock Per your request enclosed please find a copy of the Deed for the above described transaction. If this meets with your approval, I will forward the orginal to Joanne Land's office, with instructions for her to call you when she receives the Deed. If we can be of further service, please do not hesitate to call. Sincerely, Charles Crossfield RECEIVED AUG j 2 3 1995 THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT, TEXAS CRUSHED STONE COMPANY, a Texas corporation ( "Grantor "), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to Grantor paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the CITY OF ROUND ROCK, a home rule city of the State of Texas ( "Grantee "), all of the following described real property in Williamson County, Texas, to -wit: 10.813 acres, more or less, out of the EPHRIAM EVANS LEAGUE, Abstract No. 212, in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: any and all restrictions, covenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in Williamson County, Texas, and to all zoning laws, regulations and ordinances of municipal and /or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. 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 does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, subject as aforesaid, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under Grantor and not otherwise. EXECUTED this /5 day of SGT , 1995. P oD \txcruA po • DEED KNOW ALL MEN BY THESE PRESENTS DOC# 9542045 TEXAS CRUSHED STONE COMPANY By T itle : TRE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS ACKNOWLEDGMENT STATE OF 1 E A D COUNTY OF 0.3CL,MAISOM This instrument was acknowledged before me on Fir/ / by 10,B. SUEiti) , T2EASLJ2�R� of TEXAS CRUSHED STONE COMPANY, a Texas corporation, on behalf of said corporation. CHRISTINE R. MARTINEZ Nowt' Rtic,SEatm ejrmrr slonFEeies5e.97 oD \tx P A' E pd 2 Notary Public, State of Texas GRANTEE'S ADDRESS: CITY OF ROUND ROCK, TEXAS 309 EAST MAIN ROUND ROCK, TEXAS 78664 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 10m) €XmSXritE NXXXXX4XBXKX ImaxxxX1 xXX%XXX Riom mgX& 5 7f$Xxx] XXXXHSSX Joanne Land Assistant City Manager/ City Secretary 221 E. Main Street Round Rock, Texas 78664 EXHIBIT A DESCRIPTION FOR A 10.813 -ACRE TRACT OF LAND SITUATED IN THE EPHRIAM EVANS LEAGUE ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 1,474.684 -ACRE TRACT OF LAND CONVEYED TO WESTINGHOUSE ELECTRIC CORPORATION BY INSTRUMENT RECORDED IN VOLUME 537 PAGE 93 OF THE DEED RECORDS OF SAID COUNTY, SAID 1,474.684 - ACRE TRACT OF LAND HAVING BEEN INCLUDED WITHIN THE PERIMETER DESCRIPTION OF A 2,023.28 -ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED STONE COMPANY BY INSTRUMENT RECORDED IN VOLUME 880, PAGE 638 OF THE DEED RECORDS OF WILLIAMSON COUNTY, SAID 10.813 -ACRE TRACT OE LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE on a bent iron rod found on or near the east -most northeast corner of said 1,474.684 -acre tract of land, thence 506 ° 49'53 "W a distance of 420.49 feet to an iron rod set on the northeast corner of a 13.000 -acre tract of land conveyed The City Of Round Rock, Texas, by instrument recorded in Volume 853 Page 56 of said Deed Records, said corner being in the west boundary line of the Georgetown Railroad right -of -way (90 foot right -of -way width), as conveyed by instrument recorded in Volume 429 Page 179 of said Deed Records, said corner being also 40.00 feet westerly of (perpendicular measurement) the center line of the existing tracks of said Railroad, said corner being also an angle point in the east boundary line of the remnant portion of said 1,474.684 -acre tract of land, thence departing said west right -of -way line with the north boundary line of said 13.000 -acre tract of land S72 ° 18'00'W a distance of 1,016.80 feet to a cotton gin spindle set on the northwest corner of said 13.000 -acre tract of land, same being the most northerly corner and POINT OF BEGINNING hereof; THENCE with the west boundary line of said 13.000 -acre tract of land, S17 ° 42'00 "E for a distance of 652.12 feet to an iron rod found on the southwest corner of said 13.000 -acre tract of land, same being an interior ell corner hereof; THENCE with the south boundary line of said 13.000 -acre tract of land, N72 ° 17'54 "E fqr a distance of 720.00 feet to an iron rod set on the southeast corner of said 13.000 tract of land, said corner being also in the west right -of -way line of said Railroad, same being an angle point in the easterly boundary line of the remnant portion of said 1,474.684 -acre tract of land, being also the most easterly corner hereof; THENCE with the west boundary line of said right -of -way, same being the east boundary line of the remnant portion of said 1,474.684 -acre tract of land, S06 ° 46'20'W (bearing basis) for a distance of 54.94 feet to an iron rod set on the most southeasterly corner hereof; THENCE departing the west right -of -way line of said Railroad, through the interior of the remnant portion of said 1,474.684 -acre tract of land, the following three courses and distances: 1) S72 ° 17'54 "W for a distance of 1317.65 feet to an iron rod set on the most southerly corner hereof; 2) N17 °42'00 "W for a distance of 702.13 feet to a cotton gin spindle set on the most westerly corner hereof; 3) N72 ° 18'00'E for a distance of 620.40 feet to the POINT OF BEGINNING hereof and containing 10.813 acres of land. Surveyed Wnder the direct supervision of the undersigned: Cecil lnfkson Chisholm Date Registered Professional Land Surveyor No. 4295 FNS: B.G. Job No. 601 - 526 -20 Date: May 23, 1995 CJC:ek a Yr ` • � „ , , .. - r% - ( ) 1.R-S. 0 I.R.F. i C.GS.O WWMHQ ■•, LEGEND f � w RECORD INFORMATION IRON ROD SET IRON ROD FOUND - CHAIN UNK FENCE C'C.S. e: COTTON GIN SPINDLE SET = WASTEWATER MANHOLE ACCESS NOTE: The 13.000 acre Tract of land adjoining the 10.813 acre tract shown hereon has aocess to a publicly dedicated roadway (111 35) by virtue of documents recorded In Vol. 903 Pg. 471. Vol. 903 P9. 483. Vol. 903 Pg. 488. and Vol. 853 Pg. 64. D.Ry.W..CC..Ts. ��¢¢ 138 co AC) C.C.S. Cect Jackson Chisholm, R.P.LS. /4295 Dote I.RS 9111 Jollyvil Road, Suite 107 5-24-49 9 Austin, TX 78759 SKETCH TO ACCOMPANY DESCRIPTION 65 W c dI °seo Pa VOL' A c,J '3' 100 t�E7�°ss esmi• ingre P9 Vd. � es ml. �31'I \pe \Ne 65 DATE: 5 -18 -94 JOB No 601 - 528 -20 File: RRWATER.DWG RRWATERCRD BY: B.C. I.R.F. (BENT) \' BEGIN FOR REFERENCE l a ON OR NEAR EAST l MOST N.E. CORNER ?v b OF 1.474.684 AC. 1.6.5. TRACT V.537 P.93 11 SCALE : I'=200' cit RCHT -OF -WAY EXHIBIT "A" K & As I Consulting Engineers RED c to D In 0 public Records c this docuocavos WI M unson o on Um date and ut;: Wtlllamson Dour* Tams swnDeO> !o WNW tUJPMS K COUNTY,113Klks Doc# 9542045 # Pages: 4 Date : 09 - 20 -1995 Time : 03:01:13 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 15.00 &ILL AiluAfrt CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 THIRD AGREEMENT EXTENDING INDUSTRIAL DISTRICT DOC# 954 2043 This Third Agreement Extending Industrial District ( "this Agreement ") is made this 25th day of May, 1995 by and among the City of Round Rock, Texas ( "City "), Texas Crushed Stone ( "TCS ") and Georgetown Railroad ( "GRR "), and is as follows: RECITALS WHEREAS, heretofore, the City entered into an agreement with the Westinghouse Electric Corporation, ( "Westinghouse Agreement ") such agreement having been executed on the llth and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and WHEREAS, the Westinghouse Agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. (now codified in 842.044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, TCS and GRR purchased on June 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the Property" and WHEREAS, TCS, GRR and the City extended the aforesaid Westinghouse Agreement by and through that one certain Contract And Agreement Extending Industrial District ( "1985 Contract "), dated February 14, 1985 and recorded in Vol. 1162, Page 406 of the official Records of Williamson County, Texas, and corrected by a Memorandum of Correction dated May 23, 1985 and recorded in Vol. 1190, Page 622 of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City again extended the aforesaid Westinghouse Agreement by and through that one certain Second Contract and Agreement Extending Industrial District ( "1988 Contract "), dated May 31, 1988 and recorded in Vol. 1720, Page 289 of the Official Records of Williamson County, Texas, and WHEREAS, TCS, GRR and the City now wish to further extend the Industrial District status previously granted, Now Therefore, IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS: 1. OFFICIAL RECORDS wI11ANSON COUNiY. TEXAS 14 I. The City is in need of approximately ten acres of land for a water treatment plant expansion and an easement and two license agreements for the construction of an additional raw water line to parallel an existing raw water line. TCS and GRR hereby agree to convey the needed ten acres and easement and to enter into two license agreement with the City for the treatment plant and raw water line, as well as make a cash payment to the City in the amount of $30,000.00. GRR also agrees to petition the City for the voluntary annexation by the City of the land covered by a treated water line easement along FM 1431. II. For and in consideration of the conveyance of the ten acre tract for the expansion plant, the conveyance of an easement and the granting of two license agreements for the raw water line, the cash payment of $30,000.00, and the petition for annexation of the land covered by a treated water line easement along FM 1431, the City hereby grants an extension from May 31, 1995, to May 31, 2002 of the Industrial Distract status previously granted Westinghouse and extended pursuant to the 1985 Contract and the 1988 Contract. The Industrial District status will apply to the Property. Except as otherwise stated herein, TCS and GRR agree that upon the expiration of this Agreement and when requested by the City, they will file with the City a written petition and request for annexation of the Property not previously annexed. IV. TCS and GRR further agree that should they develop or sell for development all or any portion of the Property, such portion developed or sold for development shall be subject to immediate annexation and that the owner of said property shall petition the City for immediate annexation. It is further agreed that the owner of any portion so sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll -back taxes, that would have been payable had that portion of the property been annexed into the City on December 22, 1985. As used herein, the term "develop" shall mean putting the property to any use except 2. agricultural or limestone mining or directly related activities. V As an additional assurance to the City that the Property shall be annexed when sold for development, developed or at the expiration of the extension, in addition to the petition referenced above, TCS and GRR herein requests annexation by the City in this contractual agreement, with the condition precedent to such request that it not be acted on prior to the Property or portion thereof being sold for development, or developed or prior to May 31, 2002. In the event for any reason the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement. VI. The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the Property. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the existing City Council and under which appropriate jurisdiction is had for the matters contained herein. VII. The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas. VIII. If any word, phrase, clause, paragraph, sentence, part, portion or provision of this contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the contract shall nevertheless be valid and TCS, GRR and City hereby declare that this contract would have been entered into and enacted without such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions. 3. Date: ATTES By: Date: ATTEST: Date: ATTEST: EXECUTED in multiple originals on the dates indicated below. Ime).5 /996 kt/ wv By: d,a4T E LAND, City Secretary CHARLE LEPPER, Mayor q Ig95 BY: Printed Name: Title: vyur, 5 /995 BY: ri.r..11. +r u - --A., / Printed Name: 1 v7 , --5- " Title: TA0.1.5vaa2(ks . 5.elt.1; y 4. TEXAS CRUSHED STOPS CO By: , W.B. Snead Title j .4EASwQ2 GEORGETOWN RAILROAD COMPANY By STATE OF TEXAS • COUNTY OF WILLIAMSON • jo p6 This instrument was acknowledged before me this day of 1995, by Charles Culpepper, Mayor of the City of Round Rock, illiamson County, Texas. FY PUg 14 'SC 5 CHRISTINE R.MARTINEZ £ Nmary PUb'iq Ettoi Tev6s 5/Commisslon &Ores 06.05-97 STATE OF TEXAS COUNTY OF WILLIAMSON . CHRISTINE R. MARTINEZ J 4 Nohry Publf atboMvs M Co nmWo,Ephts06-05-97 STATE OF TEXAS =9( � y CHRIST4NER.MARTINEZ Noey PUbli „ SW, of Terri y, \ ' / *Commission Expires 08-05-97 5. 2 • Notary Public, State pf Texas Printed Name: C'+iel7T/6 migaiivez My Commission Expires: 8597 This instrument was acknowledged before me this I — day of 4 L112U_ , 1995, by W. B. Snead of Texas Crushed Stone Company. jYt Notary Public, tate of T,gxas Printed Name: C K. rHil tA)E My Commission Expires: f?-5-97 COUNTY OF WILLIAMSON his instrument was acknowledged before me this day of J U . This , 1995, by C. R. Turner of Georgetown Railroad Company. C M),A,„t/yu) Notary Public, ate of exa �/ Printed Name: �r /��j � . D Lf /, E� My Commission Expires: g -,•497 Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract IIA consisting of 260.39 acres. EXHIBIT "A" Page 1 of 11 TRACT IA Field notes describing 875.68 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas; said tract being a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 526.60 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being more particularly described as follows: BEGINNING at an iron pin set for the southeast corner of the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of the Georgetown Railroad; THENCE along the average line of a fence for the south line of the tract herein described the following courses; (1) South 85 54' 42" West a distance of 835.47 feet to an iron pin found; (2) South 69 28' 14" West a distance of 884.18 feet to a cedar post found; (3) South 75 10' 48" West a distance of 88.43 feet to a cedar post found; (4) South 68 59' 10" West a distance of 2,355.65 feet to a creosote post found; (5) South 70 38' 31" West a distance of 119.60 feet . to a creosote post found; (6) South 68 46' 58" West a distance of 1,697.08 feet to an iron pin found; (7) South 77 49' 02" West a distance of 78.40 feet to an iron pin found; (8) South 68° 02' 17" West a distance of 1,596.96 feet to an iron pin found; (9) South 69° 01' 04" West a distance of 1,080.90 feet to an iron pin set for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 20 58' 25" West a distance of 2,698.73 feet to an iron pin set; • (2) North 67 45' 45" East a distance of 173.70 feet to an iron pin set; EXHIBIT "A" Page 2 of 11 . •(3) North 21 00' 01" West a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin; for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses; (1) North 70 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced with an iron pin; (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73 32' 09" East and a radius of 5,029.58 feet to a nail in rock found; (3) North 76° 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the right having a chord of 612.99 feet bearing North 79 41 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; (5) North 76 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86° 46' 27" East and a radius of 5,863.58 feet to a 30d nail found and replaced with an iron pin; (7) North 87 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 0 43'47 " East a distance of 907.61 feet to a 30d nail in a railroad tie found; (2) South 0° 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or less. 1, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" Page 3 of 11 / flerry Br oks Hale Peg4t red Public Surveyor No. 2154 TRACT IIA Field notes describing 260.39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas: Said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 19 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 88.23 acre tract that was conveyed by deed dated September 20, 1971 from Robert L. Bowers, Trustee, and Robert L. Bowers and Carl W. Burnette Individually to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 68, and all of the 27.65 acre tract that was conveyed by deed dated August 3, 1971 from Marvin H. Parker and wife, Ruth W. Parker to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 449, page 391, and all of the 17.93 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife, Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being the southeast corner of the above said 88.23 acre tract conveyed to Westinghouse Electric Corporation, and in the west right - of -way line of Interstate Highway 35; THENCE along the south line of the tract herein described the following courses; (1) South 80° 46' 40" West a distance of 112.73 feet along a fence to an iron pin set; (2) North 20° 14' 48" West a distance of 400.71 feet along a fence to an iron pin set; (3) South 85 53' 09" West a"distance of 1,650.58 feet to an iron pin set for the southwest corner of the tract herein described, said southwest corner also being in the east right -of -way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 0' 51' 14" West, a distance of 6,445.92 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described North 89 02' 16" East, a distance of 1,648.58 feet to an iron pin found for the northeast corner of the tract herein described, said northeast corner also being in the west right -of -way line of Interstate Highway 35; EXHIBIT "A" Page 4 of 11 THENCE along the east line of the tract herein described. said east line also being the west right -of -way line of Interstate Ilighway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2° 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2° 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found; (3) 597.76 feet along a curve to the left having a chord of 596.70 feet bearing South 8° 01' 07" East a radius of 2,914.8 ,feet to a Texas Ilighway Department monument found; (4) 381.42 feet along a curve to the right having a chord of 380.75 feet bearing South 8' 00' East and a radius of 1,859.9 feet to 'a Texas Ilighway Department monument found; (5) South 2° 12' 52" East a distance of 187.22 feet to a Texas Highway Department monument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South 15° 59 02" West and a radius of 523.0 feet to a Texas Highway Department monument found; (7) 968.37 feet along a curve to the left having a chord of 905.19 feet bearing South 1° 55' 53" East and a radius of 766.2 feet to a Texas Highway Department monument found; (8) 331.15 feet along a curve to the right having a chord of 325.65 feet bearing South 20° 13 10" East and a radius of 523.0 feet to a Texas Highway Department ,monument found; (9) South 2° 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2° 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, more or less. 1, Jerry Brooks Hale a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the,ground Survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" • Page 5 of 11 ooks Hale ered Public Surveyor Mo. 2154 Description of two tracts of land, being Tract I consisting of 2,023.26 acres and Tract II consisting of 35.23 acres. EXHIBIT "A" Page 6 of 11 TRACT I Field notes describing 2,023.28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas; said tract being all of the 1,474.684 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and being more particularly described as follows: BEGINNING at an iron pin found for the most easterly northeast corner of the tract of land herein described, said corner.alsgbeing the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad South 7° 00' 06" West a distance of 422.97 feet to an iron pin found, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56; THENCE along the north line of the above said City of Round Rock tract South 72° 14' 37" West a distance of 1,016.96 feet to an iron pin found for the northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of Round Ruck tract South 17 47' 23" East a distance of 652.19 feet to an iron pin found for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round .Rock tract North 72° 14' 24" East a distance of 719.90 feet to an iron pin found for the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 4° 18' 56" West a distance of 65.18 feet to an iron pin found; (2) North 67° 51' 47" East a distance of 11.14 feet to an iron pin found; (3) South 6 23' 45" West a distance of 955.07 feet to an iron pin found; (4) 1,504.16 feet along a curve to the left having a chord of 1.503.15 feet bearing South 3 09' 58" West and a radius of 11,489.59 feet to an iron pin set; EXHIBIT "A" Page 7 of 11 .(5) South 0' 51' 01" East a distance of 407.61 feet to an iron pin found; (6) South 0' 51' 14" East a distance of 2,695.35 feet to a 30d nail found and replaced with an iron pin for the southeast corner of the tract herein described; THENCE along,the south line of the tract herein described the following courses; (1) South 87 57' 18" West a distance of 124.22 feet to a 30d nail found and replaced with an iron pin; (2) 224.69 feet along a curve to the left having a chord of 224.68 feet bearing South 86° 46' 27" West and a radius of 5,869.58 feet, to a 30d nail found and replaced with an iron pin; (3) South 76 48' 34" West a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the left having a chord of 612.99 feet bearing South 79 41' 43" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (5) South 76 44' 56" West a distance of 7,502.43 feet to an 30d nail in rock found; (6) 652.77 feet along a curve to the left having a chord of 652.44 feet bearing South 73° 32' 09" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (7) South 70° 15' 54" West a distance of 492.06 feet to a 30d nail found and replaced with an iron pin for the southwest corner of the tract herein described THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 21° 02' 58" West a distance of 3,679.56 feet .to an iron pin set; (2) North 69 49'.35" East a distance of 1,000.42 feet to a cedar post in concrete found; (3) North 20° 28' 58" West a distance of 1,211.02 feet to an iron pin found; (4) North 20° 42' 10" West a distance of 4,877.31 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the average line of a fence for the north line of the tract herein described the following courses; (1) North 69 17' 01 "East a distance of 2,187.71 feet to a cedar post found; (2) North 69 04' 40" East a distance of 1,959.87 feet to a cedar post found; EXNIRIT "A" Page 8 of 11 (3) North 69° 02' 20" East a distance of 2.021.65 feet to an iron pin set for the most northerly northeast corner of the tract herein described; • • THENCE along the average line of a fence for the east line of the tract herein described the following courses; (1) South 5 27' 36" East a distance of 1,552.71 feet to a dead 36 inch Pecan tree; (2) South 18° 09' 07" East a distance of 110.14 feet to a 2 inch drill stem found; (3) South 87° 44' 21" East a distance of 44.64 feet to an iron 'pin found; (4) South 12° 11' 05" East a distance of 200.03 feet to an iron pin found; (5) North 79° 31' 55" East a distance of 50.27 feet to an iron pin found; (6) South 23' 22' 39" East a distance of 3,040.24 feet to an iron pin set; THENCE along the average line of a fence for the north line of the tract herein described the following courses; (1) North 68° 59' 48" East a distance of 1,079.76 feet to a cedar post found; (2) North 51° 30' 13" East a distance of 43.49 feet to a cedar post found; (3) North 69° 15' 35" East a distance of 2,235.63 feet to an iron pin found; (4) North 80" 08' 33" East a distance of 47.20 feet to an iron pin found; (5) North 69° 29' 12" East a distance of 341.55 feet to an iron post found; (6) North 69° 17' 27" East a distance of 1,033.48 feet to a cedar post found; (7) North 68° 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 2,023.28 acres, more or less. 1, ,terry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. JERRY BROOKS IIALE EXHIBIT "A" Page 9 of 11 rry,,fdo s Hale / Regi6tered Public Surveyor Ho. 2154 / / / TRACT II Field notes describing 35.23 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County. Texas: said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed Records in Volume 537. page 93, and being more particularly described as follows: BEGINNING at an iron pin found for the northwest corner of tract herein described, said corner also being the northwest corner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475, page 41, in the Williamson County Deed Records, and also being in the east right -of -way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87° 21' 23" East, a distance of 965.37 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE along the east line of the tract herein described. said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 56.85 feet along a curve to the right having a chord of 56.84 feet bearing South 34° 18' 25" West and a radius of 1,095.9 feet to a Texas Highway Department monument found; (2) 1,023.42 feet along a curve to the left having a chord of 949.02 feet bearing South 2 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument found; (3) 365.13 feet along a curve to the right having a chord of 363.44 feet bearing South 30 49' 05" East and a radius of 1,095.9 feet to an iron pin in concrete found for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described South 72° 11' 19" West, a distance of 1,424.52 feet to a concrete monument set for the southwest corner of the tract herein described, said corner also being in the east right -of -way line of the Georgetown. Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 6 37' 05" East, a distance of 1,144.23 feet to the Point of Beginning and containing 35.23 acres of land, more or less. EXHIBIT "A" Page 10 of 11 I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on the ground survey made under my direction on the 29th day of June, 1982, erryy''jrooks m ale i. tered Public Surveyor 2154 THE STATE OF TEXAS GOUnTY OF WBH Thts to certify that thls dawned PECO^DED In the Official Publie made of 4tir5i, -a;cn Count, T �� aN ,7 LL!.^' SON CODNTy TEZtS EXHIBIT "A' Page 11 of 11 Doc# 9542043 # Pages: 16 Date : 09 - 20 -1995 Time : 03:01:13 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 39.00 PACL5J ALIWYM CITY OF ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 THE STATE OF TEXAS COUNTY OF WILLIAMSON AFFIDAVIT Pollution Abatement Plan DOCU 9623157 BEFORE ME, the undersigned authority, on this day personally appeared Robert L. Bennett, Jr., City Manager for the City of Round Rock, Texas who, being duly sworn by me, deposes and says: (1) That my name is Robert L. Bennett, Jr. I am the City Manager of Round Rock, Texas. The City of Round Rock owns the real property described below. (2) That said real property is subject to a WATER POLLUTION ABATEMENT PLAN which was required under the EDWARDS AQUIFER RULES of the TEXAS WATER COMMISSION. (3) That the Water Pollution Abatement Plan for said real property was approved by the Texas Water Commission on April 19, 1996 and is recorded in Doc.# 9542045 of the Deed Records of Williamson County, Texas. A copy of the letter of approval from The Commission is attached to this affidavit as Exhibit A and is incorporated herein by reference. (4) The said real property is located in Williamson County, Texas, and the legal description of the property is described in Exhibit B attached h re_to and incorporated herein by reference. )) CITY 0.c0 D RO!K, TEXAS nnett, Jr., /..c, D SUBSCRIBELLp�--,,TO before me, on this day of 1 J' , 19 CHPoSTINE Il MARTINEZ rmm - r. monmssimBomwse9 THE STATE OF TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS Notary Public, State of Texas y� p T) Printed Name: C /LLSD/ 1 /e /^/ My Commission Expires : 0 p / 1/ ( "S- COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared Robert L. Bennett, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed. G der my hand and 9 sp,al of office on this the 3 day of Notary Public, State of Texas � Printed Name : 6/14 57745 j f7h p i7N &Z My Commission Expires Z-5 97 CHRISTINE R. MARTINEZ WarguNOVediem My fAim lbsW Ewphes 08 -05.W affidvit /am Bany R. McBee, Chairman R. B. "Ralph" Marquez, Commissioner John M. Baker, Commissioner Dan Pearson, Executive Director Dear Mr. Miller: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution April 19, 1996 Mr. Steve Miller, P.E. City of Round Rock, Public Works Department 2008 Enterprise Round Rock, Texas 78664 Edwards Aquifer Protection Program File Number: 96012202 PR (?IFC:T DESCR1PTLOT1 P.O. Box 13087 • Austin, Texas 787113087 • 512/239 -1000 ponied on recycled pacer "'ioanor ,nx,,.• gg A " wiser N Re- Fdwardc Aquifer, Williamson County NAME OF PROJECT: Round Rock Water Treatment Plant Site; 1/3 mile West of III 35 and 1/4 mile South of Westinghouse Road; Round Rock, Texas. TYPE OF PLAN: Request for Approval of Water Pollution Abatement Plan (WPAP); 30 Texas Administrative Code (TAC) §313.4; Edwards Aquifer Protection Program. The Texas Natural Resource Conservation Commission (TNRCC) has completed its review of the WPAP application for the referenced project that was submitted by Camp Dresser & McKee, Inc., on behalf of the City of Round Rock to the Austin Regional Office on January 22, 1996. The proposed industrial project will consist of a six million gallon per day expansion and improvements to the City of Round Rock's existing Water Treatment Plant. The site is located within the City of Round Rock and will conform with applicable codes and requirements of the City of Round Rock. Potable water will be supplied by the City of Round Rock. The normal population of the development is estimated to be eight persons. Approximately 145 gallons per day of wastewater is to be generated by this project, 100% domestic and 0% industrial wastewater. Project wastewater will be disposed of by conveyance to the existing Round Rock Sewage Treatment Plant owned by the City of Round Rock. REPLY To REGION 11 • 1921 CEDAR SEND. STE. 150 • AUSTIN, TEXAS 78758 • AREA CODE 512/339 -2929 • FAX 512/339 -3795 Mr. Steve Miller, P.E. Page 2 April 19, 1996 The proposed impervious cover for the development, approximately 1.09 acres (4.6 %) includes structure roof tops, and parking and paved surfaces. The storm water runoff will be typical of an industrial site. Permanent stormwater treatment will be provided by vegetated filter strips designed to treat the first half inch of stormwater runoff in accordance with the City of Austin Environmental Criteria Manual and the Lower Colorado River Authority Nonpoint Source Pollution Control Ordinance Technical Manual. (WOT.f)ly According to the geologic assessment included with the submittal, an inferred fault with a low potential for recharging the aquifer transects the site. The Austin Regional Office site inspection of March 21, 1996, revealed the site to be generally as described in the geologic assessment. APPRf1VAT. The plan for this project has been reviewed for compliance with 30 TAC §313.4 which sets forth pollution abatement criteria for any development on the recharge zone of the Edwards Aquifer. The proposed water pollution abatement plan is in general agreement with 30 TAC §313.4; therefore, approval of the plan is hereby granted subject to the specific conditions listed below. Failure to comply with any of the following conditions, the deed recordation requirement, or any other specific conditions of approval is a violation of these rules. Pursuant to §26.136 of the Texas Water Code, any violations of the Edwards Aquifer Rules may result in administrative penalties of up to 510,000 for each act of violation and for each day of violation. SPFCTAT. CONnmoNS 1. Accumulated silt shall be removed from the silt fencing and rock berms when it reaches a depth of 6 inches. The silt shall be disposed of in an approved site and in such a manner as to not contribute to additional siltation. 2. An earth berm sized to contain 150% of the total volume of the temporary fuel tanks at the site shall be constructed to contain any releases which may occur from the system. A hydrocarbon resistant geotextile liner shall be placed over the soil berm to prevent soil contamination in the event of a release. Mr. Steve Miller, P.E. Page 3 April 19, 1996 STANDARD CONDTTTONS OF APPROVAT. 1. Please be reminded that 30 TAC §313.4 requires the owner /developer to, within 30 days of receiving this written notice of approval and prior to commencing construction, record in the county deed records that this property is subject to the approved WPAP and submit to the appropriate region office proof of the deed recordation. Enclosed is a suggested format you may use to deed record the approved WPAP. 2. Prior to commencing construction, the applicant/agent shall submit to the Austin Regional Office copies of any changes made to the plans and specifications for this project which have been required by the TNRCC review and/or all other permitting authorities. 3. Please note, following this approval of the regulated activities described in the referenced WPAP submittal, any amendment to these activities required by some other regulating authority or desired by the applicant will require the submittal of a WPAP application to amend this approval. And, as indicated in 30 TAC §313.4 and 30 TAC §313.27, an application to amend any approved regulated activity shall include payment of appropriate fees and all information necessary for its review and Executive Director approval. 4. Additionally, all contractors conducting regulated activities associated with this proposed regulated project shall be provided with copies of this approval letter and the entire contents of the submitted WPAP so as to convey to the contractors the specific conditions of this approval. During the course of these regulated activities, the contractors shall be required to keep on -site copies of the WPAP and this approval letter. 5. The temporary erosion and sedimentation (E&S) controls for the entire project shall be installed and the water quality pond(s) shall be excavated prior to beginning any other construction work on this project. The water quality pond(s) shall be used as a sedimentation basin(s) until the contractor is ready to proceed with their final construction. 6. The appropriate E&S controls that shall be used during the construction of the project are as follows: (1) Stabilized construction entrances shall be installed at all sites of ingress and egress prior to initiation of any other regulated activity. (2) Silt fences should be used when the drainage areas are less than 2 acres or when the slopes are less than 10%. The ends of silt fences and rock berms should be installed along constant contour lines and curved slightly upgradient. (3) Rock berms with filtration should be used when the drainage areas are greater than two acres or when the slopes are in excess of 10 %. The bottom edge of the filter fabric must be buried a minimum of 6 inches below grade. Mr. Steve Miller, P.E. Page 4 April 19, 1996 7. The TNRCC may monitor storm water discharges from the site to evaluate the adequacy of the temporary erosion and sedimentation control measures. Additional protection may be necessary if excessive solids are being discharged from the site. 8. Also, 30 TAC §313.4(d)(2) requires that if any significant recharge features, such as solution openings or sinkholes, are discovered during construction, all regulated activities near the significant recharge feature must be suspended immediately and may not be resumed until the Executive Director has reviewed and approved the methods proposed to protect the aquifer from any potential adverse impacts. Upon discovery of the significant recharge features, the developer shall immediately notify the Austin Regional Office. 9. Upon completion of the project, the applicant shall reseed or sod all areas disturbed during construction. 10. No wells were discovered at this proposed development. If any abandoned wells are encountered during construction of the proposed development, they shall be plugged in accordance with the local underground water conservation district's plugging procedures, if applicable, or 30 TAC §287.50(a) of this title (relating to Standards for Plugging Wells that Penetrate Undesirable Water Zones), or an equivalent method, as approved by the Executive Director. Pursuant to 30 TAC §287.48(e), the person that plugs such a well shall, within 30 days after plugging is complete, submit a Water Well Completion and Plugging Report to the Executive Director, through the Austin Regional Office and to the Barton Springs/Edwards Aquifer Conservation District. Any drill holes resulting from core sampling on -site or down - gradient of the site shall be plugged with cement slurry, from the bottom of the hole to the top of the hole, so as to not allow water or contaminants to enter the subsurface environment. 11. No waste- disposal wells, new confined animal feeding operations, land disposal of Class I wastes, or use of sewage holding tanks as parts of organized collection systems shall be allowed on the recharge zone of this regulated development. 12. During the course of the construction related to the referenced regulated project, the owner /developer shall comply with all applicable provisions of 30 TAC §313.4. Construction which is initiated and abandoned, or not completed, shall be returned to a permanent condition such that groundwater in the Edwards Aquifer is protected from potential contamination. Additionally, the City of Round Rock, applicant, shall remain responsible for the provisions and special conditions of this approval until such responsibility is legally transferred to another person or entity, upon which that person or entity shall assume responsibility for all provisions and specific conditions of this approval. Mr. Steve Miller, P.E. Page 5 April 19, 1996 13. Pursuant to 30 TAC §313.4(d)(1) and prior to commencing regulated activities, the applicant must provide the Austin Regional Office with the date on which the regulated activity will commence. 14. Please note that 30 TAC §313.4(g) states that this approval expires two years from this date unless, prior to the expiration date, construction has commenced on the regulated project. 15. Approval of the design of the sewage collection system for this proposed subdivision shall be obtained from the Texas Natural Resource Conservation Commission prior to the commencement of construction of any sewage collection system, the design of which shall be in accordance with 30 TAC §313.5 and 30 TAC §317. If you have any questions or require additional information, please Melissa Lopez of the Edwards Aquifer Protection Program at the Austin Regional Office at (512) 339 -2929. Sincerely, an Pearson Executive Director Texas Natural Resource Conservation Commission DP /MML Enclosures cc: Greg Swoboda, P.E., Camp Dresser & McKee, Inc. James R. Nuse, P.E., Director of Public Works, City of Round Rock The Honorable John Doerfler, County Judge, Williamson County Rosalinda Escalon, Field Operations, Administration, TNRCC THE STATE OF TEXAS COUNTY OF WILLIAMSON PFCED cx rPA�iEPal DEED 1A fJKI{1a,1 KNOW ALL MEN BY THESE PRESENTS THAT, TEXAS CRUSHED STONE COMPANY, a Texas corporation ( "Grantor "), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to Grantor paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the CITY OF ROUND ROCK, a home rule city of the State of Texas ( "Grantee "), all of the following described real property in Williamson County, Texas, to -wit: 10.813 acres, more or less, out of the EPHRIAM EVANS LEAGUE, Abstract No. 212, in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: any and all restrictions, covenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in Williamson County, Texas, and to all zoning laws, regulations and ordinances of municipal and /or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. 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 does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, subject as aforesaid, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under Grantor and not otherwise. EXECUTED this /4 day of Sep , 1995. TEXAS CRUSHED STONE COMPANY OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS Printed Name: LJ, E sNk Title: %Rc ASu,2 STATE OF �E 5 ACKNOWLEDGMENT COUNTY OF I,UI(..UF 15.ON This instrument was acknowledged before me on P>'J?2 &2 /I/ by w..3, .00W 7'�26ASr./2FR./ of TEXAS CRUSHED S TONE COMPANY, a Texas corporation, on behalf of said corporation. CHRISTINE R. MARINO PL.Ve. Slate mres My Was M-0547 E o D \cxcrPA9d Notary Public, State of Texas GRANTEE'S ADDRESS: CITY OF ROUND ROCK, TEXAS 309 EAST MAIN ROUND ROCK, TEXAS 78664 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: NM)5xXAXMX KXXXiX +NIINICHXXXXX X XERXXXXMNAMXSXXXX Joanne Land Assistant City Manager/ City Secretary 221 E. Main Street Round Rock, Texas 78664 EXHIBIT A DESCRIPTION FOR A 10.813 -ACRE TRACT OF LAND SITUATED IN THE EPHRIAM EVANS LEAGUE ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 1,474.684 -ACRE TRACT OF LAND CONVEYED TO WESTINGHOUSE ELECTRIC CORPORATION BY INSTRUMENT RECORDED IN VOLUME 537 PAGE 93 OF THE DEED RECORDS OF SAID COUNTY, SAID 1,474.684 - ACRE TRACT OF LAND HAVING BEEN INCLUDED WITHIN THE PERIMETER DESCRIPTION OF A 2,023.28 -ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED STONE COMPANY BY INSTRUMENT RECORDED IN VOLUME 880, PAGE 638 OF THE DEED RECORDS OF WILLIAMSON COUNTY, SAID 10.813 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE on a bent iron rod found on or near the east -most northeast corner of said 1,474.684 -acre tract of land, thence 506 ° 49'53 "W a distance of 420.49 feet to an iron rod set on the northeast corner of a 13.000 -acre tract of land conveyed The City Of Round Rock, Texas, by instrument recorded in Volume 853 Page 56 of said Deed Records, said corner being in the west boundary line of the Georgetown Railroad right -of -way (90 foot right -of -way width), as conveyed by instrument recorded in Volume 429 Page 179 of said Deed Records, said corner being also 40.00 feet westerly of (perpendicular measurement) the center line of the existing tracks of said Railroad, said corner being also an angle point in the east boundary line of the remnant portion of said 1,474.684 -acre tract of land, thence departing said west right -of -way line with the north boundary line of said 13.000 -acre tract of land 572 ° 18'00 "W a distance of 1,016.80 feet to a cotton gin spindle set on the northwest corner of said 13.000 -acre tract of land, same being the most northerly corner and POINT OF BEGINNING hereof; THENCE with the west boundary line of said 13.000 -acre tract of land, S17 ° 42'00 "E for a distance of 652.12 feet to an iron rod found on the southwest corner of said 13.000 -acre tract of land, same being an interior ell corner hereof; THENCE with the south boundary line of said 13.000 -acre tract of land, N72 ° 17'54 "E fqr a distance of 720.00 feet to an iron rod set on the southeast corner of said 13.000 tract of land, said corner being also in the west right -of -way line of said Railroad, same being an angle point in the easterly boundary line of the remnant portion of said 1,474.684 -acre tract of land, being also the most easterly corner hereof; THENCE with the west boundary line of said right -of -way, same being the east boundary line of the remnant portion of said 1,474.684 -acre tract of land, 506 ° 46'20 "W (bearing basis) for a distance of 54.94 feet to an iron rod set on the most southeasterly corner hereof; THENCE departing the west right -of -way line of said Railroad, through the interior of the remnant portion of said 1,474.684 -acre tract of land, the following three courses and distances: 1) 572 ° 17'54 "W for a distance of 1317.65 feet to an iron rod set on the most southerly corner hereof; 2) N17 ° 42'00 11 for a distance of 702.13 feet to a cotton gin spindle set on the most westerly corner hereof; 3) N72 ° 18'00 "E for a distance of 620.40 feet to the POINT OF BEGINNING hereof and containing 10.813 acres of land. Surveyed fin the direct supervision of the undersigned: Cecil Jackson Chisholm Date Registered Professional Land Surveyor No. 4295 FNS: B.G. Job No. 601. 526 -20 Date: May 23, 1995 CJC:ek • • LEGEND C.O.S.O is COTTON GIN SPINDLE SET wxvHO = WASTEWATER MANHOLE ( ) = RECORD INFORMATION I.R.S. 0 = IRON ROD SET LR.i. � =IRON ROD FOUND Ni CHAIN LINK FENCE C.O.S. co 9 cil 1 Jackson Chisholm. R.P.LS. /'4295 Dote I.R.S. 11 Jo Ble 78759 Rood, Suite 107 S.24 9 w 9111 I1 7S SKETCH TO ACCOMPANY DESCRIPTION ACCESS NOTE: The 13.000 acre tract of land adlolnlny ,� 1he 10.813 acre Tract shown hereon hos access L. •• • to a Publicly dedicated roadway (1H 35) by 1 • t tO p 1S. rtd. •at. Vol. 903 Pg. u 463, Vol. recorded In 488, and Pg. 471, ,.c.. `t t• V4• • M greB P 9. 64 virte of Vol. 853 P9. 64. D.R.W.C.Tx. , D[ , t ,1 4 x1p16 ' .::) a+� g1, Vol. • 4 W..}i; ' • ,0 ,6110 w citt pa, 63 TE,Ay NT e.o e' 6 siT 40 C.O.S. eV °. 1 50.65 1V•11n• 06, r ,pU „80 rj . ti ¢••1;•, i ii,• " DATE: —94 5 -18 {Y DO �{ JOB N 8-94 8 -20 I VV+ S �` File: RRWATER.DWG I.R.F. (BENT) BEGIN F OR REFERENCE ON OR HEAR EAST 1.10ST N.C. CORNER OF 1,474.684 AC. TRACT V.537 P.93 50• SCALE : EXHIBIT "A" Baker- Alcklen A Associates, Ne. Consulling Engineers " r c SO3 , Di ay umen pgq RLED c•o that this This RD YC:7 ,Mynson Cttm%TWs oR es dam sad sromD�°0d Ia C ONi'T CLERK lemb INE STATE 07TaX?1 COU TY OF WILLIASSSDN This Is to certify that this decumcm vim RLED cad RECDFIDED in IN ()filet' Puhlic Records of J I amcon Couny, Texas on the date and time clvmpM tharecn ;, /' COUNTY CLERK WILLIAMSON COUNTY, IURA Doc# 9542045 # Pages: 4 Date : 09 -20 -1995 Time : 03:01:13 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 15.00 Doc# 9623157 # Pages: 12 Date : 05-06 -1996 Time : 02:56:48 P.rI. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERY, Rec. $ 31.00 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 ) COUNTY OF WILLIAMSON ) THE STATE OF TEXAS WATER LINE EASEMENT DOCO 9542044 KNOW ALL MEN BY THESE PRESENTS: THAT Texas Crushed Stone Company, a Texas Corporation, herein called Grantor, for a good and valuable consideration paid by the City of Round Rock, a home rule city of the State of Texas, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey unto Grantee an easement and right -of- way in and under the following described property: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, being a strip of land five feet (5) in width, containing 0.155 acre, more or less, being a part of a certain 35.23 acre tract of land conveyed to Texas Crushed Stone by deed recorded in Volume 880, Page 638 of the Deed Records of Williamson County, Texas. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas, and to rights of third persons under documents of record in the office of the County Clerk of Williamson County, Texas, to the extent, and only to the extent, that the same may still be in force and effect. Grantor hereby binds itself and its successors to warrant and forever defend the above described right -of -way easement unto Grantee, its successors and assigns, subject as aforesaid, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The right -of -way easement, rights, and privileges hereby granted shall be used solely for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing one (1) raw water transmission pipeline with all necessary conduits, casings, valves, manholes, ventilators and appurtenances. Except as otherwise stated, the right -of -way easement and other rights and privileges hereby granted shall be perpetual; provided, however, the right -of -way easement and all other rights and privileges hereby granted shall automatically cease, terminate, and revert to Grantor, its successors and assigns, in the event said pipeline is abandoned or shall cease to be used for a period of five (5) consecutive years. OFFICIAL RECORDS WILLIAMSON COUNT4 TE3MS Grantor covenants that it will not convey any other easement or conflicting rights in and under the above described five foot strip of land to any third party without the express written consent of Grantee, which consent shall not be unreasonably withheld. In this regard, Grantee shall have the right to review any proposed easement or conflicting use of the right - of -way easement to determine the effect, if any, on the water lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water lines. In connection with and for the duration of the right -of -way easement hereby granted, Grantee shall also have and enjoy the following rights: (a) the right to grade the above described strip of land for the full width thereof; (b) The right of ingress to and egress from said easement by means of existing or future roads on Grantor's property as shall occasion the least practicable damage and inconvenience to Grantor; the foregoing right of ingress and egress applies during the period of construction as well as otherwise, but shall be limited to the above stated purposes of this easement; (c) the right from time to time to trim and to cut down and clear away any and all trees immediately adjacent to either side of the strip which now or hereafter in the reasonable opinion of Grantee may be a hazard to the pipelines and appurtenances by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided that Grantee shall properly remove and dispose of such brush and trees at Grantee's expense; (d) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; provided that Grantee shall provide and use locks on such gates and shall furnish Grantor a key to each lock; (e) the right to mark the location of the right -of -way easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. 2 Grantee hereby covenants and agrees as follows: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip, clean up and remove boulders and properly dispose of debris upon completion of operations for construction, repair, or replacement, and repair any damage it shall do to Grantor's roads or lanes; Grantee shall defend, indemnify and hold harmless Grantor from and against all claims, losses, judgments and liabilities for or on account of property damages, personal injuries or death arising out of or in connection with the exercise of the rights and privileges hereby granted; (c) (d) Grantee's rights of use of the above described strip and rights of ingress and egress are strictly limited to the purposes herein provided and shall not include any right to enter upon, or to conduct surveys, investigations or inspections of or on, any other property of Grantor; and Grantee covenants and agrees that it will not permit or allow any officer or employee of Grantee, or any third person, access to the above described strip or to conduct any activity thereon, except only for the use and purposes stated herein and as expressly authorized herein. Grantor hereby retains and reserves the right to construct road, parking lot (not to exceed one hundred twenty feet (120') in width), railroad track and spur crossings over the above described strip; and in the event Grantee requires any casings or supports to be installed or constructed for the protection of its water line, Grantee agrees to pay all costs of protecting the water line for the first three (3) such crossings, and for each crossing constructed after the first three (3) Grantor shall bear the costs of any required protection (provided that Grantor shall not be required to provide greater protection than that provided for the first three (3) crossings. For purposes of the preceding sentence, a crossing consists of one road, parking lot, track or spur at an angle of no less than ten (10) degrees. Grantor also retains and reserves, and shall continue to enjoy, the surface of such strip of land for any and all purposes which do not interfere with and prevent the use by Grantee of the above described right -of -way easement (including, without limitation, the right to build and to use the surface of said strip of land for drainage ditches and driveways, alleys, walks, gardens, lawns, and other similar uses and/or to dedicate all or any portion of the strip to any city or county for use as a public street, road or alley), provided Grantor shall not erect or construct 3 any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or substantially diminish or add to the ground cover over the pipeline. Before constructing any crossing or improvements on the strip, Grantee shall give Grantor at least ten (10) days advance notice of the general plans of the crossing or improvement to be constructed on the strip. In connection with the construction of the contemplated water pipeline hereunder, Grantee shall have the right to use as a temporary work area the fifteen foot (15) wide strip of land immediately adjoining the southerly and easterly boundary of the strip of land described in Exhibit A hereto; provided, however, all rights of Grantee to use said temporary work area shall terminate automatically upon completion of the construction of said raw water pipeline. \tcs508.esm EXECUTED this S day of Tuu : , 1995. TEXAS CRUSHED STONE COMPANY By Printed Name: Li. ?. Title: TR PAsu i CITY OF ROUND ROCK Bid Printed Name: f r eNR,2LE.5 eaLI Title: rnR yaf-- 4 STATE OF TEXAS COUNTY OF WILLIAMSON ) try THIS INSTRUMENT was acknowledged before me on this the 5 - day of d U u E; 1995, by W B . 5 10 68 D , T/Z EASL! Q6 of Texas Crushed Stone Company, Inc. a Texas corporation. AY �/ CHRISTINE R.MARTINEZ \ *Commission Fvre509-05-97 STATE OF TEXAS COUNTY OF WILLIAMSON ti THIS INSTRUMENT was acknowledged before me on this the day of JUN E 1995, by C LES CULPEPPae, / Y1A�lfJ� Irn of the City of Round Rock, a home rule city of the State of Texas CHRISTINE R. MARTINEZ No m 9C PuhSGICNT MyCortunl Nbikes 099597 After recording, please return to: Notary Public, Stat,e of Texas Printed Name: {-f leS0/V E £ 1'J7 ri.0 6 z- My Commission Expires: 8-5 - 9 7 R . V Notary Public, State of Texas Printed Name: ON ISTNE 4). rnil4riniez, My Commission Expires: 8 S-9 Stephen L. Sheets & Assoc., P.C. 309 East Main Round Rock, Texas 78664 5 FIELD NOTES FOR 0 -155 ACRES FIELD NOTES describing a five (5) foot wide water line easement in the • John Powell Survey, Abstract No. 491 and the Ephraim Evans Survey, Abstract No. 212 situated in Williamson County, Texas and also being upon a 35.23 acre tract of land conveyed to Texas Crushed ; cr:e by deed recorded in Volume 880, Page 636 of the Deed Records of said County- BEGINNING at a point of curvature in the West right-if-way line of Interstate Highway No. 35, being the East line of said 35.23 acre tract and also being S 34° 29' 30" W 104.08 feet from the Northeast corner of said tract; THENCE 6.13 feet, with the arc of the curve in the said West ricnt -of -way line having the elements of Radius R 7 6 6 . 2 7 feet, Delta = 00° 2 7 . 30 Tan 3.06 feet, and a Chord and Chord bearing of 6.13 feet S 32 31' 20 a• to an angle point hereof; THENCE 5 87° 09' 30" W, 5.00 feet southerly of and parallel to a water line easement granted to the City of Round Rock, Texas rotor ^_e? in Volume 853, Page 70 of said Deed Records, 822.11 feet to an angle point hereof; THENCE S 09° 42' 30" W, 5.00 feet easterly of u•._ oars "e' -c °u d water Line easement, 523.38 feet to an angle point hereof; THENCE 5 68 57' 30" W, 5.82 feet to a point in the East line of another easement granted to the City of Round Rock, Texas recorded in Volume 903, Page 464 of said Deed Records for the Southwest corner hereof; THENCE N 09° 42' 30" £, 530.36 feet along the East line of the last said easement and the West line of the first said easement to an angle point hereof; THENCE N 67° 09 30" E 629.66 feet along the North line of the first said easement to the POINT OF BEGINNING containing 0.155 acres of lent: more or less. TEMPORARY CONSTRUCTION EASEMENT Being a fifteen (15) wide strip of land fifteen feat soutberly and easterly of, parallel and adjacent to the aferedescritec permanent easement. I hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Haynie and Rallman, and are true and correct to the best of my knowledge. HAYNIE 0 KALL7J.N. INC. f J/ J SIEVEN 8. M4_1t44n • i -• r 7.:4�i 3)22 F Steven D. Rallman Registered Public S,:. - c_ a=. ._ Date Job No- 103- 2399 -23 May 10, 1990 Page 1 EXHIBIT "A" Page 1 of 2 Pages Ali orpartsoof wallet L 3y te�haataep elation. ME STATE OF TEXAS SoUNTY OF WILLIAMSON This is to certify UMfAh document was FILED W RECORDED In the OIIdal PuWC Records of Williamson Caml Taos m Dr dab and urn. srampedtlaneoa Sy-' COUNTY CLERK ft WILUAMSON COUNTY, TEXAS Doc# 9542044 it Pages: 7 Date : 09 - 20 -1995 Time : 03:01:13 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 21.00 PLrast !1 ETU/A1 7 : 01TV OF ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 ORT 3586 STATE OF TEXAS COUNTY OF WILLIAMSON EXCEPT AS FOLLOWS: TEXAS PROFESSIONAL TITLE 221 West 6th Street, Suite 650 Austin, Texas 78701 512 - 482 -0851 ABSTRACTERS CERTIFICATE TEXAS PROFESSIONAL TITLE, INC. HEREBY CERTIFIES THAT A SEARCH OF ALL INSTRUMENTS OF RECORD, OR ON FILE IN THE OFFICE OF THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS, REVEALS THAT NO INSTRUMENTS HAVE BEEN FILED FOR RECORD AFFECTING THE PROPERTY DESCRIBED AS FOLLOWS: FOR A 10.813 ACRE TRACT OF LAND SITUATED IN FOR EPHRIAM EVANS LEAGUE ABSTRACT NO.212 IN WILLIAMSON COUNTY, TEXAS,BEING A PORTION OF 1,474.684 ACRES TRACT OF LAND CONVEYED BY WESTINGHOUSE ELECTRICT CORPORATION BY INSTRUMENT RECORDED IN VOLUME 537,PAGE 93 OF THE DEEDS RECORD OF SAID COUNTY,SAID 1,474.684 ACRE TRACT OF LAND HAVING BEEN INCLUDED WITHIN THE PERIMETER DESCRIPTION OF A 2, 023.28 ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED STONE COMPANY BY INSTRUMENT RECORDED IN VOLUME 880, PAGE 638, OF THE DEED RECORDS, WILLIAMSON COUNTY, TEXAS. SAID 10.813 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ATTACHED HERETO. 1.) SPECIAL WARRANTY DEED RECORDED IN VOLUME 880, PAGE 638, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 2.) MEMORANDUM OF CONTRACT, RECORDED IN VOLUME 880, PAGE 677, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 3.) MEMORANDUM OF CORRECTION, RECORDED IN VOLUME 1190, PAGE 622, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 4.) AGREEMENT, RECORDED IN VOLUME 1414, PAGE 655, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 5.) SECOND CONTRACT AND AGREEMENT EXTENDING INDUSTRIAL DISTRICT, RECORDED IN VOLUME 1720, PAGE 289, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. 6.) NAME CHECK ON TEXAS CRUSHED STONE COMPANY SHOWS NOTHING FOUND. THE LIABILITY OF THIS COMPANY UNDER THIS CERTIFICATE IS LIMITED TO THE COST PAGE NO. 1 ORT 35B6 STATE OF TEXAS CHARGED FOR ITS SEARCH. THIS CERTIFICATE COVERS A PERIOD FROM July 1, 1982 UP TO AND INCLUDING June 1, 1995 AT 8:00 O'CLOCK A.M. WITNESS THE SIGNATURE OF TEXAS PROFESSIONAL TITLE, INC. AT ITS OFFICE IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS. TEXAS PROFESSIONAL TITLE, INC. File Number 322704 TEXAS PROFESSIONAL TITLE 221 West 6th Street, Suite 650 Austin, Texas 78701 512- 482 -0851 ABSTRACTER'S CERTIFICATE PAGE NO. 2 4 * Lin. 121 "35 1:3: 113 '.I I EXHIBIT A DESCRIPTION FOR A 10.813 -ACEE TRACT OP LAND 8TTUATED IN THE 6PHRIAM EVANS LEAGUE ABSTRACT NO. 212 IN WILLTAMSON COUNTY, TEXAS, AXING A PORTION OF A 1,474.684 ACRE TRACT OF LAND CONVEYED TO TINGUOU8E ELECTRIC CORPORATION BY NBTRUMENT RECORDED IN VOLUMF 537 PAGE 93 OF THE DEED RECORDS OF SAID COUNTY, SAID 1 4.684 ACRE TRACT OF LAND HAVING BEEN NCLUDED WITHIN THE PERIMETER DESCRIPTION OF A 2,023.28 ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED STONE COMPANY BY INSTRUMENT RECORDED IN VOLUME 880, PAGE 638 OF THE DEED RECORDS OF WILLLAMSON COUNTY, SAID 10.813 ACRE TRACT OF ;.AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR RRFRRRNCE on a bent iron rod found on or near the east -most northeast corner of said 1,474.684 acre tract of land, thence 806 "W a distance of 420.49 feet to an irr rod set on the northeast corner of a 13.000 acre tract of Land conveyed The City Of Round Rock, Texas, by instrument recorded din Volume 853 Page 56 of said Deed Records, said corner being in west boundary line of the Georgetown Railroad right -of way 090 foot right-of -way width), as conveyed by instrument recorded in Volume 429 Page 179 of said Deed Records, said corner being also 40.00 feet westerly of (perpendicular measurement) the center line of the existing trecks nt said Railroad, said corner being also an angle point in the east boundary line of the remnant portion of said 1,474.684 arre tract of land, thence departing said west right -of -way line with the north boundary line of said 13.000 acre tract of land 912018'OO "W a distance of 1.016 FO feet to an iron rod set or the northwest corner of said 13.000 acre tract of land, same being the most northerly corner and POINT OF BEGINNING hereof; THENCE with the wait boundary line of said 13.000 acre tract of land, 817 °42'00'6 tor a distance of 652.12 feet to an iron rod found on the southwest corner of said 13.000 acre tract of land, same being an interior ell corner hereof; THENCE with the south boundary line of said 13 000 acre tract of land, N72 0 17'54 "E for a distance of 720. feet to an iron rod set on the southeast corner of said 1.3.000 traet of land, said corner being also in the west right--of -way line of said Railroad, same being an angle point in the easterly boundary line of the remnant portion of said 1,474 684 acre tractt of land. being also the most easterly corner hereof; THENCE With the west boundary line of said right -of- way, same being the east boundary line of the remnant portion of said 1,474.684 acre tract of land, 806 °46'20 "W (bearing basis) for a distance of 54.94 feet to an iron rod set on the most southeasterly corner hereof; THENCE departing the west right of - -way tine of said Railroad, through the interior of the remnant portion of said 1,474.684 acre tract of lend, the following three courses and distances: hm. 12' ' 95 13:19 1) 972 "W for a distance of 1317.65 test to an iron rod set on the moat southerly corner hereof; 2) N17 "42'00 "W for a distance of 702.13 fest to an Iron rod set on the most westerly corner hereof; 3) N72 "E for a distance of 620.40 feet to the POINT OF BEGINNING hereof and containing 10.813 acres of land. Surveyed under the direct supervision of the undersigned. Fob' B.O. D Job No. 0352 Date: May y 23 CJC:ek ■I I`;ON x << iMf • . F+X d44 7 il1H Cecil Jackson Ch1sholm Date Registered Professio = urveyor No. 4295 LEGEND RECORD Ik FOR KAIION IRON ROD SET = IRON ROD FOUND = CHAIN LINK FENCE Steveyed C d t3y: e Jackson Chisholm, R.P.L.S. #4295 9111 Jollyvllk Rood, Suite 107 Austin. TX 78759 I.R.S. PREUMINARY 600 Dote I.R SKETCH TO ACCOMPANY DESCRIPTION LR.F. (RENT) O cc BEGIN FOR ItfFr MICE e 4 n j 01, OR NEAR EAST NOTE: EASEYEN'S -°FG?A I G TO S.,BJE (TT TRACT a e OF " ,474.68 09 R TO SSF.O UPON RECFpY •y +- MU I_�s. T9A;:.T V.537 F,93 o D�b87.1 � � O . 1 � , Q , 6 8� �� € TRACKS __�' a tie s !ft N ;_ b1 j ^ 0 ; \ J 9.00 O to 42 �� �3 -'C'' " (oo tr� •G• a 0' ti ItIC1lT -OE - WAY SCAU EXHIBIT "A" pG• iN` DATE: 5 -' 8 -94 AC J06 RRR IER_DW -20 tic R RRMMTEiLCRD C 55± 880p.,GE 638 6 "786 SPECIAL WARRANTY DEED TILE STATE OF TEXAS 5 5 KNOW ALL MEN nY THESE PRESENTS: 5 COUNTY OF WILLIAMSON That WES'TINGGOUSE ELECTRIC CORPORIYJION, n corporation o,oinnac*5 and existing under the laws of the State of Pennsylvania, of the County of Allegheny and State of Pennsylvania for and in consideration of the sum of Ten and no /100 ( /10.00) DOLLAOS and other valuable consideration cash to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto TEXAS 050511ED STONE COMPANY, a Texas Corporation, of the County of Wil.iiemson and the State of Texas, all of that certain real property in Williamson County, Texas, more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular the rights and the appurtenances pertaining to the property, including any right, title or interest of grantor in and to adjacent streets, alleys or rights -of way, together with any improvements, fixtures, and perscnal property situated on and attached to the property. This conveyance is made and accepted subject to the following matters: (1) Any and all restrictions, covenants, conditions, easements, rights -of -way, oil, gas and other mineral reservations, if any, relating to the hereinabove describedproperty, that are valid., existing and properly of record in the office of the County Clerk of Williamson County, Texas. (2) • Taxes forlthe year 1982 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership,. (3) The following unrecorded grazing and /or housing leases now in effect, as follows: (a) Lease between Grantor and Leer Dchrons n;,ade on October 5, 1981, covering 544 acres. (h) Lease between Grantor and Alvin Noun made on October 15, 1981 covering 1604 scree. (c) Lease between Grantor and 41*-.1 Lrrun made on October 15, 1981, covering 1000.4904 acres. TO NAV,4 AND TO IIOLD the above describeJ. with all and singular the rights and appu,rtc anywise belonging, unto said grantee, its sco forever; and it does hereby bind itself and. WARRANT AND FOREVER DEPEND all and singela unto the said grantee, its successors and c person whomsoever lawfully claiming or - to *1: part thereof, by, through or under it, tut _ ��mises togetSer nces thereto in 0099095 and assigns its successors, to Lhc **ic premises i..gns, against evcx:y _m, the same or any otherwise. AFTER RECORDING RETURN TO Mr. Curtis Clsrk, TI=as Choi: c Texas Co,uor,u 12th Flosr Ypl. 88O?ME640 Description of two tracts of land, being Tract I consisting of 2,023.22 acres and Tract II consisting of 35.23 acres. EXIIIBIT "A" Page 1 of 5 Description of two tracts of land, being Tract I consisting of 2,023.28 acres and Tract II consisting of 35.23 acres. EXHIBIT "A" Page 1 of 6 TRACT I Field notes describing 2,023.28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell. League (Abstract 491) in Williamson County; Texas; said tract being all of the 1,474.684 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page'93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and being more particularly described as follows: BEGINNING at an iron pin found for the most easterly northeast: corner of the tract of herein described, said corner alsgbeing the most easterly northeast corner of the above said 1,474.684 acre tract convoyed Co. Wo:;tinghousc Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of'the Ephraim Evans League•(Abstract 212), and in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said cast line also being the west right -of way line of the Georgetown Railroad South 7° 00' 06" West a)distance of 422.97 feet to an iron pin found, said iron pin also being the northeast corner of that 13.00 acre tract of land convey,d to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56 ;? TIII:NCI: along the north line of the above said City of Round Rock tract South 72 14' 37" West a distance of 1,016.96 feet to an iron pin - found for tho no,Lhwest corner of the above said of Round Rock tract; THENCE along the west line of the above said City of Round Rock trace South 17 47' 23" East a distanco of 652.19 feet to an iron pin found for the southwest corner' of the above said City of Round Rock tract; THENCE along. the south line of the abo e City of Round Rock tract North 72° 14' 24" East a distance of 719.90 feet to a': iron pin found for the southeast corn6r of the above said City of Round Rock tract, said southea t corner also being in the west right -of -way line of the corgctown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of }way line of the Georgetown Railroad, the following course:-; (1) 'South 4° 18' 56" Neat a distan cif 65.18 feet ;.o en iron pin. found; - 1 1 (2) ";oral" 67 51' 47" East a distance of 1.1..1.4 feet co all iron pin round; C1) South 6° 23' 45" West a dist:mrf. of 9'S'I. "7 Lo an iron pin found; • (4) 1,504.16 feet along a curve to '.hd let_. Laving a chord +.0 1,503.15 feel: bearing l° n5' a 11 st end a radius, of,11,489.59 Tcct. ;., an i. on pin s,. , .$PIPIT "A" Pane 2 of 1 v(d 880PAGE 641 886 642 (5) South 0" 51' 01" East a distance or. 407.01. feut. to ad iron pin found; (6) South 0" 51 14" Nast. disLance of 2,6.35 to a 300 nail found and replaced with an iron pin !for the southeast corner of the rac: hcfein described; THENCE along the south line of the tract heroin dcoudribue the following courses; (1) (2) South 37" 57' 18" West a distance of 1.24.22 te. ! • to a 30d nail found and replaced with an iron ;tin; 224.69 feet along a cur;:e to the left having 1 . chord of 224.68 feet bearing South 86' 46' 27" . West, and a radius of 5,068. rekl. 10 a 300 nail found and replaced with. an iron pin; (3) South 76' 48' 34" West a distance ot 310.48 Fee! to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the left having a rho' of 612.95 feet bearing 1.',M:1 79" 41' 43" West and ;. radius of1.5,829.58 feet, to a 300 nail found and' replaced with an iron pin; ('1) South 76" 44' 56" West it Oistance of 7,502.43 to r uo 300 nail in rock found; (6) 652.77 feet along a curve 00 the left having a chord of 652.44ifeet bearing South 73" 32' 09" West dnd radius 00 5329.58 feet, to a. 30d rs:.5.1 found anl replaced with an iror (7) South :70" 15' 54" West ai distance of 492.06 ;teat; to .a 30d tutil found and replaced wlth aft iron pin for the southWcs corner Of the tract 6,61' deseribcd: THENCE along the average line of a itnec for the wuttf . t he tiatdt 61 1:1 11 dose tri Ited Itc 'a. loot uti, coat ; I t ('; North 21" 02' 58" We,L. :. d",:1_,,1 or 1,6/9.16 (.0 an iron pin ,,c; (1) North 69° 49' 35" East t dtatance tiNt 1,000.42 • ect to a cod post in concoad.... fiord; (• ) North 20 28' 5)1" We:.1..:: distiapo• L01 (10 it p" n LoOnd, : 42' la" 10.4,i .- ; ;•• 1•44,• • ,)" • . 7.7! LO :,11 id! n pin I 0U11:1 .0 IL Lin• ' rac 61,-.7,ir 34, cid dd "1,■!. 1! 411 1 0 ! ri • I t1 .' , CC,1 1,rete t3" No 60 02' 2 0" East. a ditn,anco at'. 2,021.6 1 (e irell pin sot Int, tilc slost ', - 1 ['n eerIlk C I he LI,30 heroin 0oscrilio TEENCE along the average line of i fonci for rile the sraCti deSC thed 1 SOUt 11 5" 27' 36" East a dist :Tee of o50 to a dead 36 inch 0CCa0 O • • : , 0 . 1 1 . 1 1 1 8 " 0 9 ' 0 EaSL 01,1-arlec 1 1 ) - 1 , !cet .1 2 inch . 0,011 stn.= found; ntour'n 87" 1 10' 21" Ens L. a distance sf 6, tat:•e.. at: iron 111 found; ()", 00o11111 17" 11' O''," Ensu 1 dir Lance or 200.09 - So, 1 ,, ;In iron 1111 ronstd; 79" 31 55" East: distance 50.27 .0., te oil iron pin fonnd; 27.' "1" )5" East a seS; al tong rho avtnr,T,e Line of a fent., tot; -11 11n. tr,,r described folLowinr c.• nTs,;s: Eor:.11 611'' 56'' East_ a discanco of ,07".1"5 Oier ta :)001,.. found; 51 10'I East a distann, of tol LO -.tar Fast: found; 1I' . 15' 35" Ls' 1 distan0e .:0 2.235. tt3 1 1,11 Lr."11,1; 8 dintanne 05 01.7 tit, .•. it•••1 ' '1101 1; a dist:anon of E.tsi 01.1 • 0,11 'c •.0 e' • . .1. ••5' 1) r.orcs. 1111 880?48 344 Field notes describing 35.23 acres of land in the Ephraim Evans Lcague (Abstract 212) and the John Powell league ( Abstract 491) in Williamson County, Texas: said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1.971 Ft= Raymond Pearson and wife, Gladys 0. Pearson to Westinghouse Electric Corporation tend recorded in Williamson Gauntly Deed Records in Volume 537, page 93, and being more particularly described as follows: BEGINNING at an i.ron pin found .for the nnrlhwr,t: corner of tract herein described, said corner also being the northwest earner of the above said 153.01.4 acre tract conveyed to - WesLinghouse Electric Corporation, th.e southwest corner of t.. t:'a st of Land conveyed to Georgetown Railroad Company :;s recorded inc '.011:1110 475, page 41, in the Wi.l.Liam:,ou County Deed Recorcir, and also 'being in the east right. -of -way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87' 2]' 23" East, a - di stand.: of 965.37 fee;: td, a one inch 10• in concrete found For ticc northeast corner of the 44,e! hr. • i.❑ demo ili d; THENCE along the 'cast line of the t.:act heroin. do :.cribc,l, sal r. east line aito!bcing the west right -of -way line oli lartcrstatt 11 etoay 35, the feliot,ing courses; (1) 56.85 f e6 :long a curve to the rig ll !baying .1 chord of 56.34 feel bearing South 34' 18' 25" lees'_ and e radius 017 1,095.9 fee.t to a 'Io> : a;; ii'_�ht.ny L'.:parLm. -gin[ a:un_m�nL found; (2) 1,023.47 fey -t :.long a curve t.o the lc Lnv,i:', r. c'iard a'_ 9 .47. fief. bearing Sloth 7 04' 5F" tos4 d .4 ,.diu: o) 766.2 FoeL to rt Tea�. - 1LL,41w:1 . ertmea t monnaere Iouud; cam,: t : o,. _ t br: :rir-g, Stith a. aai u'.: '. 1.1'95.9 Coat to an :it nn.l corny - r ',f 1 T1iiiN .ti n: .�. .,n th te 1) -. .ace 0 T'RAC'T II ., ar; t • TI 'llei'g w, a 111 111 1- l 1w ,e e I, 010'1 ac 4. h; 41:i - of -n .. 05 , R - U� :1Ltl 1 -1lnt vt:d b, 1. 3, I11 ry h,rook.s Ilalc, REGISfLRL;U P03f: -C 5'L'i:VT;YDi;., rio he r,,b} C( li fy Chat therio field nni:r,r. • i.i,i. - (i• 11 on the. ground , .,c1 ion on Lhc. 29Lh day of .Jame, , 7 *\ li L t 1 3 JNS HALE ;� . ,/lie0 tc.3 cd Pub' o Survivor // X9 / 154 E�XHIBIT "A" page 6 of 13 ATTEST: W. B, Snead Secretary (SEAL) S Cret'ar sit tan Secretary EAL) MEMORANDUM OF CONTRACT 6'788 V01. 88OPeGE 677 STATE OF TEXAS COUNTY OF WILLIAMSON This Memorandum of Contract is executed with respect to a Contract For Purchase And Sale of Land with effective date of May 21, 1982, relating to a tract containing approximately 3192 acres of land situated in Williamson County, Texas, more particularly described in Exhibit A attached hereto, which contract is by and between Westinghouse Electric Corporation, a Pennsylvania corporation, hereinafter referred to as "Seller," and Texas Crushed Stone ,Company, a Texas corporation and Georgetown Railroad Company,. Inc., a Texas corporation, hereinafter called "PurchaseMs." Article VIA of the Contract sets forth certain duties and obligations of the Purchasers with respect to a certain Highway right -of -way, and provides that the provisions of said Article VII will survive the closing'' of the contract. Seller has agreed that lupon completion of .Purchasers' obligations under Laid Article VII, Seller will execute a release of those obligations in a form agreeable to the Purchaser. The Contractjalso provides that 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 closing oftthe transactions contemplated by the Contract shall survive I thei closing and shall not be merged therein. TEXAS CRUSHED STONE COMPANY Executive ltteeman By: Executive By: L/• Executive Committeeman GEORGETOWN R LROAD COMPANY,! INC. By:i ",( W. P. Ludwig, Jr. President WECTINCV!OUSB ELECTRIC CORPORATION By: 'F- 0O-I.,w Vice (Pkesident �-�'� VOL 88OPAVE 678 0 STATE OF TEXAS COUNTY OF WILLIAMSON 4 is Agreement was acknowledged before me on the .1 ;day,,df' e/e 1982, by W. H. Campbell, Lee Fulkes Sneed, Executive Committeemen of Texas Crushed Stone CorFoiation,' a Texas corporation, on behalf of said corporat Notary Public, 'State of - Texas �R Notary's printed name,;, - y`.•',. My Commission Expires: STATE OF TEXAS § § COUNTY OF WILLIAMSON § .is Agreement was acknowledged before me on the 34 3 day of 4 od , 1982: by W. P. Ludwig, Jr., ' President, Georgetown Railroad Company, a Texas - corporation, on behalf •af,, Notary Public,; State of Texas. Notary's printed name: ).44 C JraT said corporation. My Commission Expires: STATE ,OF PENNSYLVANIA COUNTY OF ALLEGHENY § (SEAL, ri ;ACKNOWLEDGEMENTS § § § § § r This Agreement was acknowledged before me on the `2,,Y)' -day of. 1J f , 1982, by AS kct)3noo , Vice President, Westinghouse Electric Corporation, a Pennsylvania corporation, on behalf of said corporation. !! � I My Commission Expires: W'' �(/Y1,P,r/' Notary blic, State of Pennsylvania !3l�r Notary's printed name: jb00,1 BXHIBIT "A" Page 1' of 10 VDL 880FAGE 679 Descripti n of four tracts of land, being Tract I consisting.of 2,023.28 acres, Tract II1consisting of 35.23 acres, Tract I consisting of 875.68 acres and Tract II A consisting of 260.39, acres VOL 880pAGE 680 TRACT I Field notes describing 2,023.28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League : (Abstract 491) in Williamson County, Texas; said tract being all of the 1,474.684 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and being more particularly described as follows: BEGINNING at an iron pin found for the most easterly northeast corner of thettract of land herein described, said corner alsq'being the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right -of -way line of Georgetown Railroad; THENCE along the east line of the tract herein described, said cast line also being the west right -of -way Line of the Georgetown Railroad South 7 00' 06" West a distance of 422.97 feet to'an iron pin found, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rook and recorded in the Williamson County Deed Records in Volume 853, page 56; THENCE along the north line of the above said City of Round Rock tract - South 72° 14' 37" West a distance of 1,016.96 feet to an iron pin found for the northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of Round Ruck tract South 17° 47' 23" East a distauec of 652.19 feet! to an iron pin found for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round Rock tract North 72 14' 24" East a distance of 719.90 feet to an iron pin found for the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 4° 18' 56" West a distance of 65.18 feet to an iron pin found; (2) North 67 51'i47" East a distance of 11.14 feet to an iron pin found; (3) South 6 23' 45" West a distance of 955.07 Ecec to an iron pin found; (4) 1,504.16 feet along a curve to the left having a chord of 1,503.15 feet bearing Sow L 3" 0)' 58" 6 and a radius of 11,409.59 feet to frail pin s. EXH131T "A" Page 2 of 10 vI,L 880PNUE 681 (5) South 0 51' 01" East a distance of 407.61 feint to an iron pin found; (6) South 0 51' 14" East a distance of 2,395.35 feat to a 30d nail7found and replaced with an iron pin for the southeast corner of the tract herein described; THENCE along the south line f the tract herein described the following courses; (1) South &i° 57' 18" est•a distance of 124.22 feet to a 30d nail: foun4 and replaced with an iron pin; (2) 224.69 feet along a curve to the left having a chord of 224.68 feet bearing South 86° 46' 27" West and a radius Of 5,869.58 feet, to a 30d nail found and replacediwith an iron pin; (3) South 76 48' ?34" Westa distance of 310.48 feet to a 30d nailifound and replaced with an iron pin; (4) 613.26 feet along a curve to the left having a chord of • 612.99 feet bearing South 79° 41' 43" West and a ( radius of 5,829.58 to a 30d nail found and replaced with an iron pin; (5b South 76' 44' 56" West a distance or 7.502.43 I'eor { to an 306 nai in rock found; • (6E) 652.77 feet along a curve to the left having a chord of 652.44 feet bearing South 73 32' 09" West and a radius of 5,829.58 ' to a 30d nail found .and ' replaced with(an iron pin; (7) South 70° 15' 54" West a distance of 492.06 feet to a - 30d nail found and replaced with an•iron pin for the southweoticorner of the tract herein described; THENCE along the average line of a fence for the vet line of the -tract herein described the following course:;; (1) North 21° 02' 58" West a distance of 3,679.56 feet to an iron pin set; () North 69 4935" East a distance of 1,000.42 feet to a cedar po t in concrete found; (3) North 20° 28' 58" West a distance of11,211.02 feet to an iron pin found; (4) North 20° 42' 10" West a distance of 4,877.31 feet to an iron pin found for the northwest comer of the tract herein described; THENCE along the a line of a fence f__ Ina north line- of /ha ltract herein described the following c:�ur,e; (1) North 69° 174 01 "East a distance of 2,187.71 fact to a cedar pose found; (2) North- 69" 04'• 40" East a disc ; ,99.87 fee � to a cedar post found; EXHIBIT "A" Page 3 of 10 VOL 880rAGE 682 (3) North 69 02' 20" East a distance of 2,021.65 feet to an iron pin set for the most northerly northeast corner of the tract herein described; THENCE aing the average line of a fence for the east line of the tract herein described the following courses; (1) South 5 27' 36" East a distance of 1,552.71 feet to a dead 36 inch Pecan tree; (2) South 18 09' 07" East a distance of 110.14 feet to a 2 inch drill stem found; (3) South .87 44' 21" East a distance of 44.64 feet to an iron pin found; - (4) South 12 11' 05 "East a distance of 200.03 feet to an iron pin found; (5) North 79° 31' 55" East a distance of 50.27 feet to an iron pin found; (6) South 23 22' 39" East a distance of 3,040.24 feet to an iron pin set; THENCE along -the average line of a fence for the north line of the tract herein described the following courses; (1) North 68 59' 48" East a distance of 1,070.76 feet to a cedar post found; (2) North 51 30' 13" East a distance of 43.49 feet to a cedar post found; (3) North 69 15' 35" East a distance of 2,235.63 feet to an iron pin found;. (4) North 80° 0$' 33" East a distance of 47.20 feet to an iron pin found; (5) North 69 29' 12" East a distance of 341.55 feet to an iron post found; (6) North 69 17' 27" East a distance of 1,033.48 feet to a cedar post found;'. (7) North 68 ° ' 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 2,023.28 acres, more or less. I, Jerry Brooks Hale, a REGISTERED PUBLIC SUHVEYOP, do hereby certify that these field notes represent the result; of, nn on- the- ground survey made under my direction on the 29th day of June. 1982. EXHIBIT "A" Pagd, 4 of 10 - lln. 2154 ;7erry,.fu,K- File r'Reo erect Public `- urvoyn p t` TRACT II Field notes describing 35.23 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas: said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed Records in :Volume 537, page 93, and being more particularly described as follows: BEGINNING at an iron pin found for the northwrest corner of tract herein .scribed, said corner also being the northwest corner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475, page 41, in the Williamson County Deed Records, and also being in the east right -of -way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87 21' 23" East, a distance of 965.37 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE along the east line of the tract herein d: scribed, said east line also being the west right -of -way Line of Interstate Highway 35, the following courses ; (1) 56.85 feet along a curve to the right having a chord of 56.84 feet bearing' South 34' 18' 25" West and a radius of 1,095.9 feet to a Texas Highway Department monument found; (2) 1,023.42 feet along a curve to the left having a chord of 949.02 feet bearing South 2' 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument found; d (3) 365.13 lfeet along.a curve to the right having chord df 363.44 feet bearing South 30° 49' 05" East and - a radius of 1,095.9 feet to an iron pin in concrete found far the southeast corner of the tract herein d'escrib'ed; THENCE'alongl.the south line of the tract herein described South 72 11' 19 ',West, a distance of 1,424.52 foot to a canc,retc • monument set for the southwest corner of the trnct herein described, said corner also being in the east right -of -way line of the ' Georgetown Railroad; THENCE along' the west line of the tract heroin described, said west line also being the east right -of -way bile of the Georgetown Reilro'ad, North 6' 37' 05" East, n di:a nnec „f 1,10 feet to thei Point, of Beginning and containing 35._ acre, of 1 1 more or less. ) EkRIBIT "A" P4ge 5 of 10 501_ 8SOPALE 683 nd, vot. 88OPAGE 684 I, Jerry Brooks a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on the ground survey nude under my direction on the 29th day of June, 1982. F JERRY UROOHS HALE crry- Fmok:; Hale i Rog tered Public Surveyor 2154 EXHIBIT "F" Page E; of ; p TRACT IA 880rAGE 685 € ' Field notes describing 875.68 acres of land in the Ephraim E(rans League (Abstract 212) and the D. Curry Survey in Williamson COuncy, Texas; said tract being a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and. ' recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the-526. + 0 acre tract that was conveyed b deed dated October 18, 19fJ1;from Leon E. Behrens and wife Onie D. Behrens tofWestingho se Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being1more particularly described as follows: BEGINNING at /In iron pitt set for the southeast corner cif tfe tract hereil. described, !laid southeast corner also being the southeast corner of.che ttbove said 526.60 acre tract conveyed to Westin house Electric Corporation, and in the west right -of -way line of tht Georgetown Railroad; THENCE along he averag line of a fence for the south line of the tract herein described the following courses; (1) South 85 54' 42" West a distance of 835.47 feet to an iron pin found;. (2) South 691 28' 14" West a distance of 884.18 feet to a cedar post found; (3) South 75 10' 48" West a distance of 88.43 feet td a cedar Pose found; (4) South 68f 59' 10" West a distance of 2,355.65 feet co a creosote post found; (5) South 70k 38' 31" West a distance of 119.60 feet tc a creosote post found; (6) South 681 46' 58" West a distance of 1,697.58 feet to an iron pin found; (7) South 77f 49' 02" West a distance of 78.40 Let to an iron Oin found; (8) South 68° 02' 17" West a distance of 1,596.96 feel to an' iron pin found; (9) South 691 01' 04" West a distance of 1,080.90 feet!. to an irdn pin set for the southwest corner of th4 trace herein described; THENCE along dhe average line of a fence for the :west lire of the tract hereid described the following courses; j (1) North 201 58' 25" West a distance of 2,698.73 feet to an irdn pin set; i (2) North 671 45' 45" East a distance o'f 173.70 fecL 10 an iron (3 in set; EXHIBIT "7A" Page 7 "of 10 VOL 8801 (3) North 21 00' 01" West a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin; for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses; (1) North 70 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced with an iron pin; (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; North 76° 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the right having a chord of 612.99 feet ,bearing North 79 41' 43" East and a radius of 5,529.58 feet to a 30d nail found and replaced with an iron pin; (3) (5) North 76 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86° 46' 27" East and a radius of 5,869.58 feet to a 30d nail found and replaced with au iron pin; (7) North 87 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way c :. the Georgetown Railroad; THENCE along the cast line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 0 43'47" East a distance of 907.61 feet ro -a 30d nail in a railroad tie found; (2) South 0° 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or dens. Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of • June, 1982. Field notes describing 260.39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson Councy, Texas: Said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24. 1971 from Raymond Pearson and wife, Gladys D. Pearson :o Westinghouse Electric Corporation and recorded in thc Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 88.23 acre tract tha was conveyed by deed dated September. 20, 1971 from Robert L. Bowers, Trustee, and Robert L. Bowers and Carl W. Burnette Individually to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 68, and all of the 27.65 acre tract that was conveyed by deed dated August 3, 1971 from Marvin H. Parker and wife, Ruth W. Parker no Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 449, page 391, and all of the 17.93 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife, Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being the southeast corner of the above said 88.23 acre tract conveyed to Westinghouse Electric Corporation, and in the west right - of -way line of Interstate Highway 35: THENCE alongf.the south line of the tract herein described the following courses; (1) South 80 46' 40" West a distance of 112.73 feet along a =fence to an iron pin set; (2) North 2d° 14' 48" West a distance of 400.71 feet: along atfence to an iron pin set; (3) South 85 53' 09" West a distance of 1,650.58 feet to n iron, pin set for the southwest_ corner of the ract herein described, said : ;nuthwest corner also being in the east right -of -way line of the Geor]getowr. Railroad; THENCE along he west line of the tract herein described, said west line als being the east right -of -way line of the Georgetown Railro , North 0 51' 14" West, a distance of 6,445.92 feet to iron pin found for the northwest: corner of the tract herein described; TRACT IIA THENCE along the north line of the tract herein described North 89 02' 16" ;=ast, ae distance of 1,648.58 feet to an iron pin found for the 'northeast corner of GI, tract herein described, said northeast co also being in Oho w d riehht- er -w•:y 1 in, .el Interstate Highway- 35; ExHIBIT "A" Page 9< of} 10 y(dd. 880tnGE 687 VOL 88OPAGE 6E18 EXHIBIT "A" Pagel() of 10 THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses;' (1) 24.31 feet along a curve to the left having a chord of 24.30 bearing South 2" 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2° 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found; (3) 597.76 feet along a curve to the left having a chord of 596.70 feet bearing South 8 01'1 07" East a radius of 2,914t8 feet to a Texas HighwayfDepartmcnt monument found; (4) 381.42 feet along a curve to the right having a chord' of 380.7$ feet bearing South 8" 00'. East and a radius of 1,859)9 feet to a Texas Highway Department monument found; (5) South 2 ° ;12' 52" East a distance of 187.22 feet to a Texas Highway Department monument found; (6) 331.69 feet along a curve to the right having a chord of 326.15 feet bearing South 15 59' 02" West and a radius of 523.0 feet to a Texas Highway Department; monument1found; (7) 968.37 feet along a curve to the left having a chord of 905.19 feet bearing South 1° 55. 53" East and a radius of 766.2 feet to a Texas Highway Department monument found; (8) 331.15 f et along a curve to the right having a chord of 325.65 feet bearing South 20 13' 10" East and,a radius of 523.0 feet to a Texas Highway Department monument found; (9) South 2° 05' 37" East a distance of 1,086.87 feet, to a Texas Highway Department monument found; (10) South 2 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, mote or less. I, Jerry Brooks Hale a REGISTERED PUPLIC(SUPVEYOR, do here certify that these Pleld notes represent the results of ,n in- the- ground survey made under my direction'en the 20th day o June, 1982. ! rooks Hale ,ered.Publ is Surveyor Id. 2:54 • Deputy 111E STATE OF TEXAS 83OYAll.E 39 t.'oonly of WIllinMaoll } 1, _hums SE Boydann, Clerk or the l'ounty coorl ttf taid CO11111 y, chi 'uv in Wri(ing. Wil u(sccrlufucuu itt 111 fu t icaortl 111 ray oH.lica on the 1Ft day ol JUJV A D-- 19 . 82 a r 4:0 •• • o'clock 1 ' • NI_ and alulyroal rritwl this rsa 2Hd or July (0 9 82 4 t 10,:00 0,10,k_ A • M., in Ihc Deed Records Collat., Vol . 880 pi , 677 Whl NESS MY HAND :■pd ,ctil of Inc t COnnty Court tit stild iti arrikat 111 (it•ort•eit•wh, Tyxas, the h.r••• Iasi (hove written. • JANIItS N. IlOYNSFON, CLERK, (Totally Cow,. Coulny, Joy 1190 PAU 622 WHEREAS, heretofore, Mike Robinson, Mayor of the City of Round Rock, Texas, W. H. Campbell, Lee Fulkes, and W. B. Snead Executive Committeemen of Texas Crushed Stone Company and C. R. Turner, President of Georgetown Railroad Company executed a Contract and Agreement Extending Industrial District dated February 14, 1985, and recorded in Volume 1162, Page 406, Deed Records, Williamson County, Texas, and WHEREAS, such agreement was filed for record with an { incomplete set of field notes attached, NOW THEREFORE, it is agreed between the undersigned as follows: I. A complete Contract and Agreement Extending Industrial District, including all field notes, is attached as Exhibit A 4 hereto. I2. By this Memorandum of Correction the parties her agree to file the complete Contract and Agreement Extending Industrial District as attached in Exhibit A for recor ing in the Deed Records oflWilliamson County, Texas. }�, EXECUTED ON THE -. DAY OF _1_-�� l ATTEST: nne Land, C � Secretary Mike Robinson, Mayor. { ATTEST: MEMORANDUM OF CORRECTION - 20018 CITY OF ROUND ROCK TEXAS CRUSHED STONE COMPANY W. H. • BON E RECORDS ` WI BON L U RC O R SRxA• , 1985. ATTEST: GEORGETOWN RAILROAD COMPANY C. R. Turner STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this ,23 day of J✓IUqq . by;Mike Robinson, a or of t - City. of Round Ro k. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this /ace. day of /Mr , by H. Campbell; Lee Fulkes, and W. Texas Crdshed Stone Company. If --41 � / . ? i Notary Public, State of Texas 1� E ,. FasK ,,, Printed, Name of Notary My commission expires: 9 ODELL R. FASKE COMMISSION EXPIRES 9.30.88 STATE OF TEXAS NOW Public, State of Texas Printed Name of Notary :My commission expires: COUNTY OF WILLIA.MSON This instrument wee. acknowledged before me this 9-- day of yp�,, 'gym- , $y C. R. Turner of Georgetown Railroad Company.0 - GNU v„v aJ 9. Notary Public; State of Texas �aVeR T. /0441 Printed Name of Notary My commission expires: 4/an 4.9 f tt . m1190Pa 624 .411.162Pw406 CONTRACT AND AGREEMENT EXTENDING. 8 Z ak USTRT DISTRICT WHEREAS, heretofore, the City of Round Rock, Texas, hereinafter referred tO as "City" entered into an agreement with the Westinghouse Electric Corporation, such agreement having been executed on the 11th and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and WHEREAS, said agreement provided, among other things, that certain property ownedjb Westinghouse would be included in the 1 extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. and that the property would not be annexed by the City prior to December 2 , 1985, and WHEREAS, Texas Crushed Stone Company, hereinafter referred to as "TCS" and Georgetown Railroad Company, hereinafter referred to as "GRR" purchased on 30, 1982, a portion of the Westinghouse property, Said portion of land being described in I Exhibit A, attached hereto and made a part hereof, and WHEREAS, TCS and GRit have jointly made a gift of $300,000.00 to the City, Now Therefore , IT IS AGREED BETWEE THE UNDERSIGNED as follows: I . For and in consi deration of the gift of $300,000.00 previously mentioned, t City grants an extension from December 21, 1985, to December 2 1992, of the Industrial District status . previously granted We 'inghouse Electric Corporation on the portion of the prope ty that TCS and GRR . purchased from. Westinghouse as described in Exhibit A. II. Except as otherwisstated herein. TCS and GRR agree that at any time when requested y the City, they will 'file with the City a written petition and ( quest for annexation of all property not previously annexed and scribed in Exhibit A tiereto. dFFICFAL RECORDS wrLUAM"0# COUNTT rEXwe • XHISIT "A "i Page 1 of 1,8 requests annexation b. with the condition pr on prior to the pro development, or develo years from December 21i In the event f additional or subst required to complete agree to duly and p A OLlents at the requ 0 ocuments have te ,TC5 and GRR further agree that should they develop or sell for . development all or any portion of the land described in Exhibit A, such portion developed or sold for development shall be subject to immediate annexation and that the owner of said property shall petition the City for immediate annexation. It further agreed that the owner, of any portion so sold for development or developed shall :pay to the City, on or before January 31 of the year following the sale or beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll-back taxes, that would have been payable had that portion of the property been annexed into the City on December 22, 1985. As used herein, the term "develop' shall mean putting the property to any use except agricultural or limestone mining or directly related activities. IV. As an additional assurance to the City that the property ahown on Exhibit A shill be annexed when sold for development, developed, or at the ipiration of the seven (7) year extension, in addition to the petition referenced above. TCS and pro. herein the City in this contractual agreement, edent to such request that it not be acted erty or portion thereof being sold for ed or prior to the expiration of seven (7) 1985. any reason the City determines that tutu petitions or o documents are he contemplated annexation(s) TCS and GRR raptly execute and file such petition or it of the City, Provid4d that such petition i s and conditions of the same substance as vot 1100 PV,E 625 411162,w:407 is EXHIBIT klt" Page 2 of 46 ti 1190 1162 408 The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the property described in Exhibit A. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the existing City Council and under which appropriate' jurisdiction is had for the matters contained herein. The obligations and unde this agreement shall be iove with the laws of the stat4 of Williamson County, Texas. - If any word, phrasl, portion or provision of thei application thereof to any government or circumstances unconstitutional, the remaind valid A shall nevertheless be that this ordinance and/or co and enacted without such i phrase, clause, paragraph, sen EXECUTED in multiple orig :at; : JALuebt la, I 45 ! ST: ne Land, City Secretary NO EXH/13/ A • v . VI. t akings of each of the parties to ed by and resolved in accordance rexas, and shall be performable in I. ause, plrlgraph, sentence, part, ordinance'and/or conract or the person, corporation, entity or hall be held to be invalid or of the ordinance and/or contract TCS, GRAand City hereby declare ract would have been entered into alid or .unconstitutional word, sice, part, portion orjprovisions. als on the dates indicated belOw. • CITY or EMMA OC Ey: 71 141 a/ Mik e Robinson, Mayor 1 :1 Date: c2 STATE OF TEXAS COUNTY OF WILLIAMSON' Wh4s instrument vas acknowledged before me this /' day of /14/44nIa : by Mike Robinson, Mayor of the City of Round Rock. a .� TEXAS CRUSHED JANE •MPANY W) SEA BY r_t 4W- ' of Texas Cr u ed Stone Company. F1� 'BIT "A " e•4 of 16 GEORGETOWN RAILROAD COMPANY No£a'rg Public,ate of Texas / / /AN/ i 't'7vE Printed Name 3f Notary My commissio: expires: /#4,J9 STATE OF TEXAS COUNTY OF WILLIAMSON i instrument was;acknowled a before me this -- « X da of , by 9 �., i' . yid y Publ State of Texas /AWE 7HE Printed Name of Notary My commission expires: 6 ///86 STATE OF TEXAS COUN OF WILLIAMSON Th nstrument was = know edg d b f rge e •a of by - ..r 'ri n A -t�i� ��� �i. of Georgetown 8 ilroad C• ±•any. Notary l , of /4A _State. 74 _ f T ; e I Printed Name of Notary My cdmmissi n expiires: In / , /8 VIII 1190 627 1182 409 1162 PAGE 410 Descripption of two tracts of g TractIA consisting acres and Tract IIA land; be of 875. consisi ng of 260.39 acres. IBIT "Al e 5 of 16 I i ( TRACT IA EXIT TT "A vni 1190 629 1162,,,, 411 • Field notes describing 875.68 acres of and in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas; said tractbeing a portion of the 1,036.15 acre tract that was conveyed b deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the WilliamsonICounty Deed Records in Volume' 538, page 80, and all of the 526.60 acre tract that was conveyed by deed dated 0ctober).8,1971 from Leon E. Behrens and wife Onie D. Behrens to Westinghouse Electric Corporation and, recorded in the Williamson,COunty Deed Records in Volume! 540, page 767 and being more particularly described as follows: BEGINNING at an ironpin set for the southeast corner cf the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of'the Georgetown Railroad; THENCE along the :average line of a fence for the south line of the tract herein described the following courses; L. (1) South 85 54' 41" West a distance of 835.47 feet to an iron pin found; (2) South 69 28' 14" West a distance of 884.18 feet to a cedar post found; (3) South 75° 10' 48," a distance of 88.43 feet to a cedar post found; f (4) South 68 54' 1 ' West a distance of 2,355.65 feet to a creosote post ound; (5) South 70° 38' 3 ' West a distance of 119.60 feet to a creosote p t found; (6) South 68 46' 5 ' West a distance of 1,697.08 feet to an iron in found; ,(7) South 77° 49' 0 ' West a of 78.40 feet to an iron pin fo :(8) South 68° 02' " West a'distance of 1,596.96 feet ' to an iron pin und; 1 (9) South 69 01' West a distance of 1,080.90[feet to an iron pin et for the:southwest corner of the tract herein d cribed; T f THENCE along the av age lineiof a fence for the west line! of t e tract herein desc bed the fallowing courses; North 20 58' " West al distance of 2,698.73{feet to an iron pin et; North 67° 45' East a distance of 173.70 feet to an iron pin se .vot 1190 1162p4112 .(3) North 21° 00' 01" West a distance of 1,919.02 feet to a 30d nail found- and replaced with an iron pin; for the northwest corner of'the tract herein described; THENCE along the north line of the tract herein described the following courses; (1)' North 70 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced-with an iron pin; (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73* 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; (3) North 76° 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the right having a chord of 612.9 feet'bearing North 79° 41 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; (5) North 76° 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (6) 224.69 feet alOng a curve to the right having a chord of 224.68 feet bearing North 86° 46' 27" East and a radius of 5,869.58 feet to a :30d nail found and replaced with an iron pin; (7) North 87' 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin' for the northeast corner of the tract herein described, i ; said northeasticorner also being in the west right-of- way of the Georgetown Railroad; THENCE along the east line of the tract herein described. said east line also being the west right-of-way line of the Georgetown Railroad, the fol Owing courses; (1) South 0 43'47 " E st a distance of 907.61 feet to a 30d nail in a r lroad Lie found; (2) South 0' 52' 37" Est a distance of 2,847.16 feet to the Point of B inning and containing-875.68 acres, more or lc. 1, Jerry Brooks Hale, REGISTERED PUBLIC SURVEYOR, do hereby certify that these fie d notes reOrdsent the results of an the-ground survey survey made under my dirdction on the 29th day or June, 1982. , I rr oks Ha e Pegi t red Public Surveyor No. 2151 , TRACT IIA Field notesjdescribing 260.39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Cum Survey in Williamson County, Texas: Said tract being a portion of the 153.014 are tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife„ Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of ;the 1,036.15 acre tract that was conveyed by deed dated July 23, 19 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Xolume 538, page 80, and all of the 88.23 acre tract that Oas conveyed by deed dated. September 20, 1971 from Robert�l.. Bowers, Trustee, and Robert L. Bowers and Carl W. Burnette Individually to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540; page 68, and all of the 27.65 acre tract that was conveyed by deed dated August 3, 1971 from Marvin H. Parker and wife, Ruth W. Parker to Westinghouse Electric Corporation and recorded in the Williamson :County Deed Records in Volume 449, page 391, and all of the 17.93 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife, Onie i. Behrens' to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being the southeast corner`of the above .said 88.23 acre tract conveyed to Westinghouse Electric Corporation, and in the west right - of -way line of Interstate Higl{way 35; THENCE along the south line of the tract herein described the following courses; (1) South 80 46' 40" W st a distance' of 112.73 feet along a fence to an?iron pin sett (2) North 20° 14' 48" West a distance of 400.71 feet. along a fence to an! pin set (3) South 85 ' 09" West a distance of 1,650.58 feet to an 'ron piniset for the southwest corner of the tra t hercin.describcd, said southwest corner als being i the east right -of -way line f the George own Railfoad; THENCE along th west line of the tract herein described, said west line also eing the east right-of-way line of the Georgetown Railxoad,North 0° 51' 14" West, a distance of ;6,445.92 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the north 1Lne of the tract herein described .North 89 02' 16" East, a distance of 1,648.58 feet to an iron pin found for the northeast, corner of the tract herein described, sa northeast corder also „being in the west right -of -way line of 1nrstate Highway 35; EXHIBIT "A” Page 8 df it JERRY GROOMS HALE EXHIBIT "A" rego 9 of 16 THENCE along the east line of the trace: herein described, said east line also being the west right-of-way line of Interstate Highway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2° 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2 09' ,30" East a distance of 855.64 feet to a Texas Highway Department monument found; '(3) 597.76 feet along a curve to the left having a chord of 595.70 feet bearing South 8° 01' 07" East a radius of 2,914.8 feet to a Texas Highway Department monument found; (4) 381.42 feet along a curve to the right having a;chord of 380.75 feet bearing South 8° 00' East and a radius of 1,859.9 feet to a Texas Highway Department monument found; (5) South 2° 12';52" East a distance of 187.22 feet to a Texas Highway Department-monument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South 15 59' 02" West and a radius of 523.0 feet to a Texas Highway Department monument found; (7) 968.37 feet along a curve to the left having a chord of 905.19 feet bearing South 1 55' 53" East and a radius of 766.2 feet to a Texas Highway Department monument found; (8) 331.15 feet along a curve to the right having a chord of 325.65 feet bearing South 20° 13' 10" East and a radius of 523.0 feet to a Texas Highway Department monument found; (9) South 2 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2° 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 ages of land, more or less. 1, Jerry Brooks Ha1e a REGISTERED PUBLIC SURVEYOR„ do hreby certify that these field notes represent the results of n on- the- ground survey made under my direction on the 29th da of June, 1982. • ■-•^1 CCR'D F 11- n OR 4 7, • a kTE OF TEXAS COUFNTY461firallia(Ck. Oierifri ter* that Ns Instrument was. BLED en the dale and at the lime stunned heree• t • T eic RECORDS h W I I s tr a P r e a at stamped hereon by me. on Description' of two tracts of land, being Tract I consisting of 2,023.28 acres and Tract II consisting of 35.23 acres. EXHIBIT "A" Page 11 of 16 :_--; P R . 9 1985 cm c:= ,.o COUNTY CLERK 7 . CM WILLIAMSON COUNTY. Teas ca 119Or. 633 STATE OF TEXAS COUNTY OF WILLIAMSON rrtcsa2 35906 AGREEMENT I. THIS AGREEMENT is made and entered into effective the date last executed hereinbelow by and between the City of Round Rock, Texas, hereinafter called "City" and the Texas Crushed Stone Company hereinafter called "TCS "." Recitals WHEREAS, the City desires to construct an expansion to its water treatment plant and a treated water transmission pipeline from the City's treatment plant to the City proper, and WHEREAS, a temporary construction easement is needed to construct the water treatment plant expansion, and WHEREAS, the most convenient andeconomical location for said pipeline is across certain property owned by TCS, and WHEREAS, TCS is agreeable to providing the necessary easements subject to the terms and conditions set forth below, NOW THEREFORE IT IS AGREED THAT: TCS agrees to execute and deliver to the City an easement to construct the water transmission lineand a temporary construction easement for the construction of the water treatment plant expansion. A copy of the easements are attached hereto as Exhibits "A" and "E ". The City agrees to indemnify and hold TCS harmless from damages, costs, etc., in accordance with the terms of said easements. II. TCS may from time to time desil cross over the water line with roads, railroad ,'tracks, or spurs. In the event it becomes necessary or desirable to construct said roads, tracks, or spurs, and the City requires any casings :or supports to be installed or constructed for protection of its line, the City agrees to pay all cotcs of protecting 'the' line for the first three (3) such crossings. For each crossing constructed after three (3), TCS agrees to bear the costs of any required protection, but TCS shall not be required to provide greater protection than that provided for the first three (3) crossings. A consists of one road, track or spur at an angle no less than ten (10) degrees. III. As additional consideration for the easements to be conveyed, City agrees to reserve and set aside for the use and benefit of TCS, one thousand (1,000) living unit equivalents (LUE's) worth of capacity in the City's water transmission line referred to above. This reservation of capacity shall not be construed to relieve TCS from paying any and all fees otherwise required!by City ordinances. The City also agrees to have installed. on said water line a tap or "T" with a minimum 6ize of twenty -four inches (24 "), to be located just north of the - FM 1431 right-;of-way, and TCS shall have the right to connect to said taps. ( OFFICIAL RECORD 1414 .:655 1414 f 56 TCS may in the future reserve water and wastewater plant capacity in accordance with the terms of the serviceability letter which is attached hereto as Exhibit "C ". IV. A. This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. B. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, success s and assigns. C. n ;4 � case any one or more of the provisions contained in this agreeme 3 - shall for any reason be held to be invalid, illegal, or unenfor 'able in any respect, such invalidity, illegality, or unenfor ability shall not affect any other provision hereof, and this co Tract shall be construed as if such invalid, illegal, or unenfor -$b1e provision had never been contained herein. D. is contract constitutes thels and only agreement of the parties �i and supersedes any prior understandings or written or ora''agreements, between the parties respecting the within subject - ek -tter. TEXAS CRUSHED STONE COMPANY Date: ATTEST: W.S. Snead Date: O .-, ∎ - d 6 O A TEST: J.•nne lopd, Ci y Secretary 2. W.H..Campbel.l Executive Committeemen acting as President CITY O£ ROUND ROCK By: "_. ��- MIKE ROBINSON, Mayor STAT OF TEXAS COUNTY OF WILLIAMSON vo, 1414 657 This ipptrument was acknow edged before me, a notary public, this day of /7 1986, by W.H. Campbell, Lee Fulkes, and W.B. Snead, E cutive Committeemen acting as President of Texas Crushed Stone Company, a Texas corporation, on behalf of said cOrgs(zation. ODELL R. FASKE COMMISSION WIRES 9•30.88 Notary Public, tate cif Texas /t Fa s /re (Printed Name), a 4- (Title) STATE OF TEXAS COUNTY OF WILLIAMSON This instrument wa acknowledged before me, a notary public, this Apa day of , 1986, by Mike Robinson, Mayor of the City of Round Rock, n behalf of said municipality. • Ilatary.:Yublic, State i of Texas (tea Mama) erAlev P1&/! (Title) at 1414 Texas Crushed Stone Company Grantor • STATE OF TEXAS COUNTY OF WILLIAMSON That Texas Crushed Stone Company, a Texas corporation, herein called Grantor, for a good and valuable consideration paid by the City of Round Rock, Texas, a municipal corporation, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee an easement and right -of -way upon and across the following described property of Grantor: This conveyance is made and accepted subject to any and all easements, conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas. The right -of -way, easement,, rights, and privileges herein granted shall be used for the purpose of placing, constructing, operating, enlarging, repairing, maintaining, rebuilding, replacing, relocating, and removing a treated water transmission pipeline with all necessary conduits, valves, vaults, manholes, ventilators and appurtenances. Eu�epe as ethetwtee need, thg. aasemenS, rights, ana or ivila5ea herein granted shall be perpetual, provided however, that said easement, rights, and privileges shall cease and revert to Grantor in the event the said pipeline is abandoned, or shall cease to be used, for a period of one (1) year. Grantor hereby binds itself, its assigns, successors and legal representatives, to Warrant and Forever Defend the above described easement and rights unto Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Grantor covenants that it will ot convey any other easement or conflicting rights within the area covered by this grant, without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement granted herein to determine the effect, if any, on the water line contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water line. Grantor further grants to Grantee: the right to grade the',strip of land for the full width thereof and subject to the consent of Grantor, which shall not be unreasonably withheld, to extend the cuts and fills for such grading into and on the land along and outside the strip to such extent as Grantee may find reasonably necessary: (b) the right to support the.pipelines across ravines and watercourses with such structures as Grantee shall deem necessary, Subject to the consent of Grantor, which shall not bevnreasonabiy withheld. (a) rrtcse EXHIBI EASEMENT The City of Round Rock Grantee : KNOW ALL MEN BY THESE PRESENTS: As described in Exhibits "I" and "II" attached hereto and incorporated herein. 2. the right of ingress to and egress from the strip over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes;as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the Grantor's property which is isolated from the strip by any public highway or road not crossing or hereafter crossing the property; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; the right of grading for, constructing, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the strip; the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the strip : and to trim and to cut down and clear away any trees on either side of the strip which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all to,s, lops, brush and refuse wood shall be burned or removed by Grantee: (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the, strip; (g) the right to mark the location of the strip by suitable markers set in the ground; provided that such markers shall be ;placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. 1 Grantee hereby covenants and agrees: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee agrees to indemnify TCS and hold it harmless from any suits, claims, costs, loss or damage which may accrue to TCS, Grantee or third parties, from the operad'ion of the pipeline arising out of, or occasioned by, the negligent acts of Grantee or its employees or agents. The loss or damage for which Grantee shall indemnify TCS and hold it harmless - shall specifically include, but not be limited to, the ;following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the pipeline; (b) personal injury to or damage to property, owned, leased or operated by (L.) TCS employees or agents, (ii) Grantee's employees, agents or contractors, or (iii) any third parties; and (c) economic . loss to any party caused by damage to or destruction of the pipeline or the interruption of pipeline service, caused by negligence of Grantee, its employees or agents. Such indemnification shall include all actual monetary cost to TCS, including expenses and attorney's fees. Grantor also retains, reserves, and shall continue to enjoy the surface of such strip for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement including the right to build and use the surface of the herein granted easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and /or to dedicate all or any part.of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided the Grantor shall not erect or construct any building �r other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or diminish or substantially add to the ground cover over the pipelines. Provided however, before constructing any of the above permitted improvements, at least ten (10) days notice shall be provided the Grantee of the general plans of the improvements to be constructed on the easement. In addition to the easement ,g rights, and privileges herein conveyed, Grantee shall have the ;right to use for a temporary construction easement so much of the surface of Grantors' property . as may be reasonably necessary to 'construct and install within the right -of -way granted hereby the a facilities contemplated by this grant; but in no event shall the temporary construction easement be in excess of that described and d'erticted on Exhibits "I" and "II" attached hereto. The temporary construction easement shall expire on December 31, 1986, or when trie`,,project is complete, whichever shall first occur. Upon completion of such construction and installation, Grantee shall replace and restore all fences, which may have been relocated or removed' during the construction period, and Grantee shall pay Grantor reasonable compensation for such fences which may not be replaceable. This instrument shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. p t c, IN WITNESS WHEREOF, 1986. s instr�uniert is executed this , day of taL a 1414 rt 660 ATTEST: i 4/W W.B. Sneed 3. I TEXAS CRUSHED STONE COMPANY • W.H. Camp - -.1 Lee Fulkes W.B. Snead Executive Committnnmsn acting as President Terms and conditions hereof agreed to and accepted by Grantee. ATTEST: L ATA22J d 1714 J anne Land, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON This trument was acknowl1edged before me; a notary public, this i day of , ', 1986, by W.H. Campbell, Lee Fulkes, and W.B. Snead, Ex tive Committeemen acting as President of Texas Crushed Stone Company, a'Texas corporation, on behalf of said corporation. � P ... , or STATE OF TEXAS COUNTY ?OF WILLIAMSON F This instrument was acknowledged before me, a notary public, this ' ISLE day of /,,,d6 -tr, , 1986, by Mike Robinson, Mayor of the City of Round Rock, ton behalf of said municipality. ODELL R. FASKE COMMISSION EXPIRES 9-30-88 i WilaARET 0. GILL R+nMrc Tao 11/ MOW Emma 246411 4. CITY OF ROUND ROCK BY OI IKE SOBINS MINE ROBINS° Mayor /, 1./i Notary Pub1'c, Stare of Texas C ite // oKv _4Printe N e) /5 (Title) (Title) vol 1414w 661 otar Public, Sate of Texas 71/1dre -r (Printed Name) at 1414W 662 }Y`IELD NOTES FOR A TWENTY FOOT (20') WIDE PUBLIC UTILITY EASEMENT - "'FIELD NOTES describing s strip of land. being a twenty foot (20') .vide permanent easement and a seventy to seventy -five foot' (70' - 75') wide temporary construction easement, for the. purpose of construction and maintenance of public utilities. being upon that certain 2023.28 acre TRACT I conveyed to Texas Crushed Stone Company by Deed recorded in Volume 880. Page 638, of the Deed Records of Williamson County.- Texas, said twenty foot (20') vide permanent easement being more particularly described by metes and bounds ae follows: - - BEGINNING FOR REFERENCE at a point in the West right -of -way line of that certain ninety foot (90') wide right-of-way conveyed to the Georgetown Railroad Company. Inc.. being the Southeast corner of that certain 13.00 acres conveyed to the City of Round Rock by Deed recorded in Volume 853, Page 56. of avid Deed Records, being an angle point in the East line of said 2023.28 acres; thence along the South line of said 13.00 acres, S72 °14'25 "W, 49.65 feet to a point. 'being the Northeast corner and POINT OF BEGINNING of the hereinafter described strip of land; THENCE southerly, fifty -five feet (55'). . westerly of and parallel to the Weet right-of-way line of the Georgetown Railroad and a prolongation of the northern tangent line thereof, 006 °45'32 6 W. 1700.99 feet to an angle point hereof: THENCE southerly, fifty feet (50') right -of -way line end prolongation 000 °52'57 "E. 3890.93 feet to an angle , ..THENCE N87 °57'5 & "E. 50.01 feet to Crushed Stone tract being in the West THENCE 500 °52'57 "E, 70.00 feet along hereof, being the Southeast corner being in the North right -of -way line westerly of and parallel to Paid West of the .southern tangent line thereof; point hereof: . a point; in the Boot line of said Tex.: line of the Georgetown Railroad said 'common line to the Southeast corner of said Texas Crushed Stone tract and'alee of F.H.f 1431: EXIHIT "I" PAGE 1 OF 2 'MARCH 27. 1986 THENCE 587 °57'56'0, 70.01 feet along said right- of- way.line to the Southwest corner hereof and also .being in the West margin of a' seventy foot (70') eeeement granted to the Lower Colorado River Authority. found of record in Volume 578, Page 574, of said Deed Records; • THENCE N00 °52'57 "E, along said West margin, passing the beginning of a curve to the right in said margin at 3101.42 feet and continue along the tangent line of said curve a total distance of 3,912.68 feet to en angle point hereof: THENCE N06 4 45'32 "E, being five feet (5') Westerly of and parallel to the northern tangent line of said West margin, 1,693,21: feet to a , pnint -in the South line of the aforesaid City of Round Rock tract for the Northwest .corner hereof: THENCE N72 °14'25 "E, 21.98 feet along said South line to the POINT OF.BECINNING of this described twenty foot (20') easement containing 113,178 square' feet.or 2.598 Beres of land. ",!..TEMPORARY CONSTRUCTION EASEMENT 73A construction easement shall exist from the West line of the. 4igoredeacribed twenty foot (20') easement t.,:4 'the. West aline of the Georgetown 'Railroad being the East line of the Texee Cruehed Stone tract. EXHIBIT 1 I'AGE 1 9 KETCH FOR A Y07.o2 ,G,PEA P . \ A,U/,E. • /4J. /7/ f0. Jr. fi 1 5 To' re. ti TO AC.COMPA.NY PUBLIC • UTILITY o u 1 it 14 63 1( 6 FIELD NOTES EASEMENT • LEG END "uD[Je UM//y.."/AJf 7fHPe.fAll! Co%JJ7l 6e " rh L .V6 #M2 L l*/ JM /fJld!/, iu.f. 7. L.`E 1, 2, Al,.unlur szefe, awe MAYU/ fiA/f - B, f •(t AL.. •'474,7 F. M. J6Jl ci. , fl 7/ YOI. / / /l, m. rev MRrr, a /46fa Haynie & Ka'I+I•ma I:nl EXHSIT ^ ! CONSULTING ENGINEERS i nn IIDo'Sealh P8•= 2 of 1,:',` Round °1 786a4 15121 251.7881 WI 1414-'664 TEXAS CRUSHED STONE FIELD NOTES describing a twenty (20) foot wide permanent utility easement together with a fifty (50) foot. wide temporary.constrUc tion easement for the purpose of the,construction and maintenance of public utilities across that certain 2023.28 acre Tract I con- veyed to Texas Crushed Stone Company by deed recorded in Volume 880, Page 638 of the Williamson County, Texas 'Deed Records; BEGINNING FOR REFERENCE at the southeast corner of said Tract I, being the intersection point of the west right -of -way line of the Georgetown Railroad and the north right -of -way line of P.M. 1431, thence 587'57'56 "W, 70.00 feet along said north right -of -way line to the TRUE POINT OF BEGINNING hereof; THENCE 587'57'56 "W, 30.00 feet, continuing along said north right -of -way line to the southwest corner hereof; THENCE NO2'02'04 "W, 20.00 feet to the northwest. 'corner hereof; • THENCE x87'57'56 "E, 30.43 feet to the corner hereof and being in the west margin of a seventy (70) Afoot wide easement granted to the Lower Colorado River Authority- found of record in Volume 578, Page 574 of said Deed Records; THENCE 500'52'57 "E, - 20.01 feet 'along said west margin to the southeast corner- and the TRUE POINT 'OF BEGINNING of this deserib - _ ed permanent easement containing '604 square feet. of land. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement shall exi fifty. 00 feet northerly of and adjacent to the south line of the afore describ- ed permanent easement as shown on the accompanying sketch. real.• Ip o o vl) r 7=61 L hi , - 3 x 7D• e.l..P. A. bIL 1l7•rmfc" S°) "7 / (%. , 1I - 0 0/4 Are. G04 J0 6T rtcY.r'C�fE FOR RU. E. 4G. ?d AL.°. BedJ4' J/w/6 .. Pq.PfE - C 3/ - P.PDP. FM. /13/ !/Ol. / / /7, - . 0.89 'LEGEW0 P. U.f. PUB[ ft' UT /t /TV fAJE.yf.VT %T. e. f. YfMPOFA.PY eem/f Pue r /d// EAfEMEA/Y EXHIBIT "22" Page 1 of 1 May 15, 1986 103 - 799 -23 Haynie & Kallman Inc. CONSULTING ENGINEERS 1106 Flock, l c, 7 Ol51 R"""4 LTING E76 OI N_ 1612;255 -NO of rr -tcs -e 1986. EXHIBIT "B". W.B. Snead Grantee TEXAS CRUSHED STONE COMPANY 4011414- 665 TEMPORARY CONSTRUCTION EASEMENT Texas Crushed Stone Company The City of Round Rock Grantor STATE OF TEXAS : KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Texas Crushed Stone Company, a Texas corporation, herein called Grantor, for a good and valuable consideration'paid by the -City of Round Rock, Texas, a municipal corporation, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee a temporary construction easement upon and across the following described property of Grantor: As described in Exhibit "I" attached hereto and incorporated herein. This conveyance is made and accepted subject to any and all easements, conditions and restrictions, if any relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the - Office of the County Clerk of Williamson County, Texas. Grantee shall have the right to use for a temporary construction easement the property described herein to construct and installan expansion to the City's water treatment plant expansion on the City's property located adjacent hereto. The temporary construction easement shall expire on December 31, 1986, or when the project is complete, whichever shall first occur. Upon completion of such construction and installation, Grantee shall replace and restore all fences, which may have been relocated or removed during the construction period, and Grantee shall pay Grantor reasonable compensation for such fences which may not be replaceable. This instrument shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, this instrument is executed this �� day Executive Committeemen acting as President ATTEST: J nne Land, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON This strument. was this day of Fulkes, and W.H. Sneed, of Texas Crushed Stone said corpgaat.t n, [ •. r; ODELL R. FASKE COMMISSION EXPIRES 9 -3088 STATE OF TEXAS COUNTY OF WILLIAMSON MMACARE► 0. 00.! 1 C. ., 9N el I a. w bons 244 90 Wi114 14F;A166 Terms and conditions hereof agreed to and accepted by Grantee. CITY OF ROUND ROCK By MIKE ROBINSON Mayor acknow edged before me, a notary public, , 1986, by W.H. Campbell, Lee E ecutive Committeemen acting as President Company, a Texas corporation, on behalf of 4 z 7t, a Notary 0.71e- Public y State of Texas //// Prin 0 � - Name) (Title) This instrument was acknowledged before me, a notary public, this /Sig) day of /,f; _.r..cot. , 1986, by Mike Robinson, Mayor of the City of Round Rock, on behalf of said municipality. _ jo a 6 ' ,Notary Public, State, of. Texas 72e g areL - (9.Git G' (Printed Name) (Title) CITY OF ROUND ROCK WATER TREATMENT PLANT TEMPORARY CONSTRUCTION EASEMENT - TEXAS CRUSHED STONE PERIMETER description of a temporary construction easement for the purpose of additional working area during the construction of improvements to the City of Round Rock water treatment facilities. said temporary easement being located on that certain 2023.28 acre parcel described as TRACT I in a Deed to Texas Crushed Stone recorded in Volume 880, Page 638, of the Deed Records of Williamson County. Texas; BEGINNING at the Southwest corner of a 13.0 acre tract conveyed to the City of Pound Rock recorded in Volume 853, Page 56, of said Deed Records. being the Northwest corner hereof and also being an ell corner of said Texas Crushed Stone tract; - THENCE CE N72 °14' 175.0 feet along the South line -of said 13 acre tract .to the Northeast corner hereof; THENCE 517 °45'36 "E. 50.0 feet to the Southeast corner hereof: THENCE 572u14'2 175.0 feet to the corner hereof;' THENCE N17 °45'36 "W, 50.0 feet to the POINT OF BEGINNING of this described temporary construction easement containing 8.750 square feet or 0.201 acres of land. FX11TOIT ' 103 - 799 -23 April 1, 1986 1414 668 SKETCH OF A TEMPORARY CONSTRUCTION EASEMENT C,7Y Or .POU.t/O /3 Al , !/OC. 853, Pd.SG L,/A76,P T4 EXHIBIT "I" Page 2 of 2 ku AV rWOn O AO// /n.e /P Y.P/ / /T /D,U 1 e '^ 6', 76"6) re _ 67 D,P D. 70/ Alr'E• C rez.4.f CAW/SA/6W 372:U/6" + � \ 1 � 013 28 . AG . rp r / c / V 764' 882, P6. L.38 FV t, V ^ At'4,79/7 "A" `D• NiKEN08,,, �oaeE. v aEPefn Ef WAS. DON WOES • Municits0 .10 • THE CITY OF ROUND ROCK 214 E. MaIn S. • AC 512- 255 -3612 • Round Rock, Texas 78664 "GOOD LIVING WITH A PROUD HERITAGE" W. B. Snead Texas Crushed Stone P.O. Box 1000 Georgetown, Texas 78627 -1000 August 28, 1986 Re: Water 6 Wastewater Serviceability, Land Use: Mixed Use Dear Mr. Snead: EXHIBIT "C ", Page 1. vol 1414 a ,: 669 This letter is to confirm the City of Round Rock's commitment for water and wastewater service for your property located within the City's ETJ. Specifically: 1. 1,000 Living Unit Equivalents (L.U.E.$) will be reserved for your use in both the Chandler Creek Wastewater .Interceptor and the 42" Water Transmission Main. 2. water supply and Wastewater treatment will be made available in the following manner: a. Plant capacity may be committed in accordance with normal subdivision plat procedures. b. If reservation of plant capacity is sought prior to plat approval and uncommitted capacity is available, reservation will be made upon payment of the then applicable fees. c, If reservation of plant capacity is sought prior to plat approval and uncommitted capacity is not available, the City will construct and /or provide the requested capacity within eighteen (18) months of such request. The request must be in writing and include provision for payment of applicable fees. ;m 1414P -=670 Page 2 W.H. Snead Texas Crushed Stone August 28, 1986 3. _ "Applicable fee for the purpose of this letter includes any fee adopted by the City of Round Rock for the purpose of providing water and wastewater plant and line capacity, !including but not limited to, the water service fee, sewer service fee and oversize fees. 4. This service commitment is subject to and Texas Crushed Stone shall be entitled to the benefit of all applicable municipal ordina ## nces and regulations. The .commitments contained in this letter constitute a portion of the consideration passing to Texas Crushed Stone in exchange for an easement for the t42" Water Transmission Main across its property: If the Department of Public Works can be of any assistance, please do not hesitate to contact me at 255 -3612. Sincerely, STATE OF TEXAS COUNTY OF WILLIAMSON od the y date and h at the Instrument s time stamM1bd ay me; and was duly RECORDED, f8 the Volume du n FJ, T exas, of the a named m� he by me o C 06 du1Y,_ SFP ' 5 1996 ' COUNTY CLERK WILLIAMSON COUNTY, TcfAS use, P.E. ctor of Public Works SECOND CONTRACT AND AGREEMENT EXTENDING INDUSTRIAL pISTRICT WHEREAS, heretofore, the City of Round Rock, Texas, hereinafter referred to as "City" entered into an agreement with the Westinghouse Electric Corporation, such agreement having been executes: on the llth and 14th days of December 1978 and recorded in Volume 744, Pago 1, Deed Records, Williamson County, Texas, and WHEREAS, said agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. and that the propertywould :not be annexed by the City prior to December 21, 1985, and WHEREAS, Texas Crushed Stone Company, hereinafter referred to as "TCS" and Georgetown Railroad Company, hereinafter referred to as "GRR" purchased on June 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached i f hereto and made a part hereof, and Whereas, TCS, GRR and the City extended the aforesaid We agreement by and through that one certain Contract And Agreement Extending I ndustrial District ( "1985 Contract "), dated February 14, 1985 and recorded in Vol. 1162, Page 406 of the Official / 1 Records of Williamson1County, Texas, and corrected by a Memorandum of Correction dated May '23, 1985 and recorded in Vol. 1190, Page 622 of the Official Records of Williamson County, Texas, and Whereas, TCS, GRR and the City now wish to further extend the Industrial District st previously granted, Now Therefore, IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS: I. .1 j The City is in need of 70,000 .t'ons of limestone base material to construct a road and related improveents in the Old Settlers Park at Palm Valley. TCS and GRR hereby agree to contribute 70,000 tons of limestone base material to the Ity at no cost to be used for the construction of a park 1:oad and rel ted improvements. The material to be supplied shall be limestone base graded from 1 3/4" to C24CONT &ACRE 'OFFICIAL' RECORDS WILLIAMSON CY,i "ry .rues ;11.72O cE289 3290$ an� 172 0 PAG [ j + fine and of an appropriate qualityito be mutually agreed upon by the parties hereto. The material will be made available at ICS's quarry and the hauling or transport of said material shall be at City's cost. II. For and inconsideration of the base material as aforesaid, the City hereby grants an extension from December 21, 1992, to May 31, 1995, of the Industrial District status previously granted Westinghouse and extended pursuant to the 1985 Contract. The Industrial District status will app1J to the property described in Exhibit A, attached hereto and incorporated herein. III. Except as otherwise stated herein,. TCS and GRR agree that at any time when requested by the City, trey will file with the City a written petition and request for annexation of all property not previously annexed and described in Exhit,it A hereto. IV. TCS and GRR further agree that should they develop or sell for development all or a6 portion ofth land described in Exhibit A, such portion developed or sold for development shall be subject to immediate annexation and that the liner of said property shall petition the City for (immediate anneza the owner of any portion so sold for pay to the City, on or before Janua sale or beginning of development; City taxes, including but not limited to agricultural roll -back taxes, that would have been payable had that portion of the property been term annexed into the City on Deceiube "develop" shall mean putting agricultural or limestone mining or dirictly related activities. As an additional assurance c the City that the property shown on Exhibit F. shall be annexed wh sold for development, developed, or at the expiration of the extension, in addition to the petition 2 ion. It is further agreed that revelopment or developed shall 31 of the4ear following the amount which would equal the 22, 1985. As used herein, the e property to any use except 4 yaL1720eac(291 referenced above, TCS and GRR herein requests annexation by the City in this contractual agreement, with the condition precedent to such request that it not be acted on prior to the property or portion thereof being sold for development, or developed or prior to May 31, 1995. In the event for any reason the City determines that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the i City, provided that such petition or documents have terms and conditions of the same substance as this agreement. VI. The terms and conditions: contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal' representativeJ, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the prope described in Exhibit A. The terms and conditions contained here shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to thei duties and esponsibilities of the existing City Council and under which approlriate jurisdiction is had for the matters contained herein. 31I The obligations - and underjkings of each of the parties to this agreement shall be governed b' and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas. VIII. If any word, phrase, clausi, paragraph, sentence, part, portion or provision of this contr ct or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or uncons tu`ional, the remainder of the contract shall nevertheless be valid ad CS, GRR and City hereby declare that VOL1720P CE292 this contract wouldi have been entered into and enacted without such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions. EXECUTED in multiple originals on the dates indicated below. Date: May 31, 1988 ATTEST: E LAND, City Secretary Date: S Q c r 19 ATTEST: /4. / j/ Pr: 14, � 1 e r By: (j Printed Name: a , � h , rt4 t i Wt B. . Snead Evfewrrof �_ ,,•^ ,.redr+sN Title:,6,.+r..ti•.... e,i.., ';rrP.»n Title: - ste..rA..), 'T.eeAS..4ER Date: 6, 19 gg ATTEST: 8y: Printed Name: Title: ass* ear?" 441 TEXA i CITY OF By: f""X MIKE ROBINSON, Mayor CRUSHED STONE„COM,1 Y GEORtETOWN RAILRO COMPANY ELf. d.S. Snead Title: f,c a ss STATE OF TEXAS COUNTY OF WILLIAMSON !! hi i trument was acknowledged before me this Z/ day �/ ,1988, by Mile Robinson, Mayor of the City of Round Rook, Williamson County, Texas. STATE OF TEXAS COUNTY OF WILLIAMSON Thi instrument of Company. Notary Public, .Ste of Texas Printed Name: Y Ie . Sy Commission Expires: i was acknowl before me this yse.— day ,1988, b' wJ 8. Snead of Texas Crushed Stone r l6 .w�� 'Notary Publi, State of Texas Pri ted Name:. _ .& ,Q >�iS r y Commission rxpires: Y - In -9.2 VOL 1720r „cE293 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this e' day of ,1988, by E. deS. Snead of Georgetown Railroad Company. Notary Public, State of Texas Painted Name: • Gir s - ra-- s My Commission Expires: 2 -7 a. voL1720PAGE294 Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract IIA consisting of 260.39Iacres. TRACT IA Field notes describing 875.68 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas; said tract being a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 526.60 acre tract that was conveyed by deed dated October 18, 1971:fiom Leon E. Behrens and wife Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being more particularly described as follows: BEGINNING at an iron pin set for the southeast corner of the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of the Georgetown Railroad; THENCE along the average line of a fence for the south line of the tract herein described the following courses; (1) (2) (3) (4) South 85° 54' 42" West an iron pin found; South 69° 28' 14" West a cedar post found; South i,75 10' 48" West a cedar post found; SouthI68° 59' 10" West a creosote post found; • (2) North 67° 45' 45" an iron pin set; EXHIBIT Page 2 (6) South68° 46' 58" West feet t an iron pin fot (7) Southt77 49' 02" West an iron pin found; a distance of (5) SoutIW0° 38' 31" West a distance to a creosote post found; ro11720PAGI295 835.47 feet to a distance of 884.18 feet to a distance of 88.43 feet to a distance of 2,355.65 feet to of 119.60 feet a distance of 1,697.08 nd; a distance of 78.40 feet to (8) South 68° 02' 17" West }a distance of 1,596.96 feet to an iron pin found; (9) South 69 01' 04" West a distance of 1,080.90 feet to an iron pin set for the southwest corner of the tract herein described; THENCE along the average like ;of a fence for the west line • of the tract herein described,the following courses; (1) North 20 58' 25" West a distance of 2,698.73 feet to an iron pin sets a distance of 173.70 feet to .va .1'720pac1296 , •(3) North 21 00' 01" West a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin; for the northwest corner of the tract herein described; THENCE along the north line of the'tract herein described the following courses; (1) (2) (3) (4) North 70 15' 54" East a distance of 492.06 feet to a 30d nail found and replacedlwith an iron pin; 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73° 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; North 76° 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; 613.26 feet along a curve to the right having a chord of 612.99 feet bearing North 79° 41' 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; (5) North 76° 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; • (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86° 46' 27" East and a radius of 5,869.58 feet to a 30d nail found and replaced with an iron pin!: (7) North 87° 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way of the Georgetown Railroa'd; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 0° 43'47 " East a distance of 907.61 feet to a 30d nail in a railroad tie found; (2) South 0° 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or less. • EXHIBIT "A" Page 3 of 11 1, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. Merry r oks Hale / ) RepiI( red Public Surveyor No. 2154 TRACT IIA Field notes describing 260.39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas: Said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 19 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records inlVolume'538, page 80, and all of the 88.23 acre tract that was conveyed by deed dated September 20, 1971 from Robert L. Bowers, Trustee, and Robert L. Bowers and Carl W. Burnette Individually to Westinghouse Electric Corporation andrecorded in the Williamson County Deed Records in Volume 540; page 68, and all of the 27.65 acre tract that was conveyed by deed dated August 3, 1971 from Marvin H. Parker and wife, Ruth W. Parker to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in,Volume 449, page 391, and all of the 17.93 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife, Onie P. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being the southeast corner of the above said 88.23 acre tract conveyed to WestinghouselElectric Corporation, and in the west right - of - way line of Interstate Highway 35; THENCE along the south line of the tract herein described the following courses; (1) South 80° 46' 40" West a distance of 112.73 feet along -.a fence to an iron pin set; • (2) North 20 14' 48" West a distance of 400.71 feet along a fence to an iron pin set; (3) South 85 53' 09" West a distance of 1,650.58 feet to an iron pin'set for the southwest corner of the tract herein described, said southwest corner also being in the east right -of -way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 0 51' 14" West, a distance of 6,445.92 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described North 89 02' 16' East, a distance of 1,648.58 feet to an iron pin found for the northeast corner of the tract herein described, said northeast corner also being in the west right -of -way line of Interstate Highway 35; EXHIBIT A" Page 4 o 1 V0L1720P46f297 v0L1720PAtt298 THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2° 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2° 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found; '(3) 597.76 feet along a curve to the left having a chord of 596.70 felt bearing South 8° 01' 07" East a radius of 2,914.8 ,feet to a Texas Highway Department monument found; (4) 381.42 feet along a curve to the right having a chord of 380.75 feet bearing South 8° 00' East and a radius of 1,859.9 feet to 'a Texas Highway Department monument found; (5) South 2° 12' 52" East a distance of 187.22 feet to a Texas Highway Department•mon"ument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South!!!!!,15° 59 02" West and a radius of 523.0 feet to a Texas Highway Department monument found; (7) 968.37 feet'along a curve to the left having a chord of 905.19 feet bearing South 1° 55' 53" East and a radius of 766.2 feet to a Te as Highway Department monument found; EXHIBIT "A" (6) 331.15 feet along a curve to the right having a chord of 325.65 feet bearing South 13' 10" East and a radius of 523.0 feet to a Texas Highway Department monument found; (9) South 2° 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2° 04' 08" East a disJance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, more or less. 1, Jerry Brooks Hale a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the,yround survey made under my direction on the 29th day of June, 1982. rooks Hale ered Public No. 2154 Description of two tracts of land, being Tract I consisting of 2,023:26 acres and Tract Iliconsisting of:35.23 acres. ' t EXHIBIT "A" Page 6 of 11 '' VOLT l2OPA,E299 Vot1720PACE300 TRACT 1 Field notes describing 2,023.28 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas; said tract being all of the 1,474.684 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and being more particularly described as follows; BEGINNING at an iron pin found for the most easterly northeast corner of the tract of land herein described, said corner.alsgbeing the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad South 7° 00' 06" West a distance of 422.97 feet to an iron pin found, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56; THENCE along the north line of the above said City of Round Rock tract South 72 14' 37" West a distance of 1,016.96 feet to an iron pin found for the northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of Round Ruck tract South 17' 47' 23" Easst a distance or 652.'.9 runt to an iron pin found for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round .Rock tract North 72° 14' 24" East a distance of 719.90 feet to an iron pin found for the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right -of -way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 4° 18' 56" West a distance of 65.18 feet to an iron pin found; (2) North 67° 51' 47" East a distance of 11.14 feet to an iron pin found; (3) South 6 23' 45" West a distance of 955.07 feet to an iron pin found; ' (4) 1,504.16 feet along a curve to the left having a chord of 1,503.15 feet bearing South 3 09' 58" West and a radius of 11,489.59 feet to an iron pin set; EXHIBIT "A" Page 7 of 1 .(5) South 0° 51' 01" East a distance of 407.61 feet to an iron pin found; (6) South 0 51' 14" East a distance of 2,695.35 feet to a 30d nail found and replaced with an iron pin for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described the following courses; (1) South 87 57' 18 ".West a distance of 124.22 feet to a 30d nail found and replaced with an iron pin; (2) 224.69 feet along a curve' to the left having a chord of 224.68 feet bearing South 86° 46' 27" West and a radius of 5,869.58 feet, to a 30d nail found and r with an iron pin; i (3) South 76° 48' 34" West a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the left having a chord of 612.99 feet bearing South 79 41' 43" West and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; (5) South 76° 44' 56" West a distance of 7,502.43 fee: to an 30d nail in rock found; (6) 652.77 73° 32' 09" West d and a radius of 5,829.58 feet, to a 30d nail found and replaced with an iron pin; - (7) South 70° 15' 54" West a distance of 492.06 feet to a 30d nail found and replaced with an iron pin for the southwest corner of the tract herein described; THENCE along the average lineof a fence for the west line of the tract herein described the following courses; (1) North 21° 02' 58" West a distance of 3,679.56 feet .to an iron pin set; (2) North 69 49' 35" East a distance of 1,000.42 feet to a cedar post in concrete found; (3) North 20° 28' 58" West a distance of 1,211.02 feet to an iron pin found; . (4) North 20° 42' 10" West a distance of 4,877.31 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the average line of a fence for the north line of the tract herein described the following courses; Al) North 69° 17' 01 "East a distance of 2,187.71 feet to a cedar post found; (2) North 69 ° '04' 40" East a distance of 1,959.87 feet to a cedar post found; EXHIRIT "A" Page 8 of 11 VOLl'720pag(301 VOL1 (3) North 69° 02' 20" East a 'di'stance of 2,021.65 feet to an iron pin set for the most northerly northeast corner of the tract herein described; THENCE along the average line of a fence for the east line of the tract herein described the following courses; 1 (1) South 5 27' 36" East a distance of 1,552.71 feet to a dead 36 inch Pecan tree; (2) South 18° 09' 07" East a distance of 110.14 feet to a 2 inch drill stem found; (3) South 87° 44' 21" East a distance of 44.64 feet to an iron pin found; '• (4) South 12° 11' 05" East iron pin found; (5) North 79° 31' 55" East an iron pin found; (6) South 23° 22' 39" East an iron pin set; THENCE along the average line of a fence for the north line of the tract herein described the following courses; (1) North 68° 59' 48" East a distance of 1,079.76 feet to a ceda post found; (2) North 51° 30' 13" East a distance of 43.49 feet to a cedar post found; (3) North 15' 35" East a distance of 2,235.63 feet to an ironipin found; I ' (4) North 80° 08' 33" East a distance of 47.20 feet to an iron!pin found; (5) North 69° 29' 12" East a distance of 341.55 feet to an iron 'post found; I (6) North 69° 17' 27" East a distance of 1,033.48 feet to a cedar [post found; (7) North 68° 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 2,023.28 acres, more or less. • 1, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. : ' .. • rry, do s �a 1 e , 7 Reoys erect Pu 'Survey % EXHIBIT "A". Page 9 of 11 a distance of 200.03 feet to an a. distance of 50.27 feet to a distance of 3,040.24 feet to Field notes describing 35.23 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas: said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in Williamson County Deed Records in Volume ;537, page 93, and being more particularly described as follows: 1 BEGINNING at an iron pin found for the northwest corner of tract herein aescribed, said corner also. being the northwest corner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475, page 41, in the Williamson County Deed Records, and also being in the east right -of -way line of the Georgetown Railroad; THENCE along the north line of the tract herein described North 87° 21' 23" East, a distance of 965.17 feet to a one inch pipe in concrete found for the northeast corner of the tract herein described; THENCE alongtthe east line of the tract herein described, said east line also being the west right -of -way line of Interstate . Highway 35, the following courses; (1) 56.85 feet along 'a curve,to the right having a chord of 56.84 feet bearing South 34 18' 25" West and a radius of 1,095.9 feet to a Texas Highway Department monument found; (2) 1,023.42 feet along a curve to the left having a chord of 949.02 feet bearing South 2° 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument found; (3) 365.13! feet along a curve to the right having a chord of 363.44 feet bearing South 30 49' 05" East and a radius of 1,095.9 feet to an iron pin in concrete found for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described South 32 11' 19 ;West, a distancejof 1,424.52 feet to a concrete monument set for the southwest corner of the tract herein described, said c'brner also being in the east right -of -way line of the Georgeltown.Railroad: T HENCE alongthe west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 6 37' 05" East, a distance of 1,144.23 fest to the Point of Beginning and containing 35.23 acres of land, more or less. TRACT II EXHI62T "A" Page 10 of 11 4 ,0L1720PAi,E303 VOL1 /2VPdt(3O4 I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these-field notes represent the results of an on the ground survey made under my direction on the 29th day of June, 1982. rooks ale tered Public Surveyor 2159 STATE OF TEXAS COUNTYOF I hereby certify Mal this Instrument was FILED on!the ,data and at the time stamped hereon by me: and res duly RECORDED. in the Volume and Pose of the named RECORDS of Williamson County, Tens. es stamped hereon by me on OCT 241988 COUNTY CLER WILLIAMSON COUNTY TEXAS EXHIBIT "A" Page 11 of 11 City of Round Roc 1300 ,000 Attn: City Manager Round Rock Texas Dear Bob, 'cry truly yours, '. B. Snead Stephen L. Sheets, Esq. GEORGETOWN EXAS 7862] -1000 May 22, 1995 PHONE 512 /8 6 3 - 5511, AUSTIN: 255-4405 This letter is being furnished in connection with the request by Texas Crushed Stone Company ( "TCS") for an extension of our existing industrial district agreement with the City of Round ("the City") for an additional period of seven years. We understand that our request will be presented to City Council this Thursday, May 25, 1995. We would appreciate approval of our request by City Council at this time, in order to avoid any gap due to the termination of our existing agreement. This letter will serve to document the consideration we propose for such extension of our existing agreement on May 25th. If the extension is granted on May 25th and the form of extension attached as Attachment 1, which we understand has been approved as to form by the City Attorney, is executed on behalf of the City before the expiration of our existing agreement, TCS agrees to executed such extension document and to deliver promptly to the City the following: (1) Deed in the form of Attachment 2, (with mutually agreeable field note description which we understand is currently being prepared by the City) donating to the City approximately ten acres of land. ( Water Line Easement in the form of Attachment 3, donating the new water line easement to the City. (3) Payment to the City of the sum of 530,000. n support of our request, Georgetown Railroad Company has authorized us to furnish the City the Inclosed letter(Attachment 4), which is self explanatory and which addressed certain related matters 'hank you for your consideration in this matter. 0 0 tr: 8 .7 FAX 512 ▪ '0 P w 0 O +' O C1 U ■] O 0 0) 0) X 0 0 H U CONTRACT AND AGREEMENT EXTENDING INDUSTRIAL DISTRICT WHEREAS, heretofore, the City of Round Rock, Texas, hereinafter referred to as "City" entered into an agreement with the Westinghouse Electric Corporation, such agreement having been executed on the llth and 14th days of December 1978 and recorded in Volume 744, Page 1, Deed Records, Williamson County, Texas, and WHEREAS, said agreement provided, among other things, that certain property owned by Westinghouse would be included in the extraterritorial jurisdiction of the City, that said property would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. and that the property would not be annexed by the City prior to December 21, 1985, and WHEREAS, Texas Crushed Stone Company, hereinafter referred to as "TCS" and Georgetown Railroad Company, hereinafter referred to as "GRR" purchased on June 30, 1982, a portion of the Westinghouse property, said portion of land being described in Exhibit A, attached hereto and made a part hereof, and Whereas, TCS, GRR and the City extended the aforesaid Westinghouse agreement by and through that one certain Contract And Agreement Extending Industrial District ( "1985 Contract "), dated February 14, 1985 and recorded in Vol. 1162, Page 406 of the Official Records of Williamson County, Texas, and corrected by a Memorandum of Correction dated May 23, 1985 and recorded in Vol. 1190, Page 622 of the Official Records of Williamson County, Texas, and I. The City is in need of a ten acre site for a new water plant, an easement for a raw water line, two licenses to cross the GRR with a raw water line, the annexation of strip of land owned by the GRR, and a cash contribution of 530,000 all of which TCS and GRR have agreed to furnish. voy PacST aZngii Whereas, TCS, GRR, and the City again extended the aforesaid Westinghouse agreement by and through a Second Contract and Agreement Extending Industrial District ( "1988 Contract ") dated 5 October 1988 and recorded in Vol. 1720, page 289 of the official records of Williamson County , Texas and Whereas TCS GRR, and the City now wish to further extend the Industrial District status previously granted, Now Therefore, it is Agreed between the undersigned as follows: INDUSTRIAL AGREEMENT IT. cor+Si9e4 DSiR t] 1 FA4.6aA ?n' T O' j A/T 46,26e"-vs For and inconsideration of the r-/Ay ;ll 1994 ,ZI City hereby grants an extension from 2,..to May ., of the Industrial District status previously granted Westinghouse and extended pursuant to the 1985 Contract, The Industrial District status will apply to the property dee,crjed in Exhibit A, attached hereto and incorporated herein. III. Except as otherwise stated herein, TCS and GRR agree that at any time when requested by the City, they will file with the City a written petition and request for annexation of all property not previously annexed and described in Exhibit A hereto. IV. TCS and GRR further agree that should they develop or sell for development all or any portion of the land described in Exhibit A, such portion developed or sold for development shall be subject to immediate annexation and that the owner of said property shall petition the City for immediate annexation. It is further agreed that the owner of any portion so sold for development or developed shall pay to the City, on or before January 31 of the year following the sale or beginning of development, an amount which would equal the City taxes, including but not limited to agricultural roll -back taxes, that would have been payable had that portion of the property been annexed into the City on December 22, 1985. As u herein, the term "develop" shall mean putting the property to any use except agricultural or limestone mining or directly related activities. V. As an additional assurance to the City that the property shown on Exhibit A shall be annexed when sold for development, developed, or at the expiration of the extension, in addition to the petition 2. voL122Op 291 referenced above, TCS and GRR herein requests annexation by the City in this contractual agreement, with the condition precedent to such request that it not be acted on prior to the property or portion thereof being sold for development, or developed or prior to May 31, 1995. In the event for any reason the City determine that additional or substitute petitions or other documents are required to complete the contemplated annexation(s) TCS and GRR agree to duly and promptly execute and file such petition or documents at the request of the City, provided that such petition or documents have terms and conditions of the same substance as this agreement. VI. The terms and conditions contained herein shall be deemed to be covenants running with the land and shall be binding on the respective legal representatives, successors and assigns of the parties hereto, expressly including subsequent transferees of any portion or portions of the property described in Exhibit A. The terms and conditions contained herein shall also be binding on the successors of the present Round Rock City Council and shall also include any substitute or different governmental entity that may succeed to the duties and responsibilities of the existing City Council and under which appropriate jurisdiction is had for the matters contained herein. VII. The obligations and undertakings of each of the parties to this agreement shall be governed by and resolved in accordance with the laws of the State of Texas, and shall be performable in Williamson County, Texas. VIII. If any word, phrase, clause, paragraph, sentence, part, portion or provision of this contract or the application thereof to any person, corporation, entity or government or circumstances shall be held to be invalid or unconstitutional, the remainder of the contract shall nevertheless be valid and TCS, GRR and City hereby declare that 3. VOL172OPAJ292 this contract would have been entered into and enacted without such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provisions. EXECUTED in multiple originals on the dates indicated below. Date: May 3r, 1908 ATTEST: By: ( .�}?/l1 �J I ltd J NNE LAND, City Secretary Date: S 0 / 98'1 ATTEST: ,// By: — 76,e4_, .� �C�!�✓ Printed Name: -4 z, N,;kC Title:Fxrr Date: (U ATTEST: GEORGETOWN RAILROAD COMPANY By: a rum Printed Name: Title: i)s * 5ez17e 41P11 STATE OF TEXAS COUNTY OF WILLIAMSON Ahip instrument was acknowledged before me this -2714 day of 44S,4/ ,1988, by Mike Robinson, Mayor of the City of Round Rock, Williamson County, Texas. STATE OF TEXAS COUNTY OF 'WILLIAMSON /i , •c ODELL R. PASKE MY COMMISSION EJ1PIfl Reptembor 30, 1992 By: TEXAS CRUSHED STONE COMP XNY By: 14 /4 W. B. Snead Er de. T' re "rev •rC!/` IJ Title: sse a s rAA y 774 IA SuAZR By:6� E. deS Snead Title: f 5/ 0.2n Notary Public, `S of T xas Printed Name: / c/E My Commission Expires: 1 Thip instrument was acknowledged before me this sty day of (Lr.Ta./tinJ Company. ,1988, by W. B. Snead of Texas Crushed Stone Notary Publi, State of Texas Printed Name: 4ai. // rASttr My Commission xpires: -74 -9A 4. CITY OF ROUND ROCK MIKE ROBINSON, Mayor 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON } } } DEED KNOW ALL MEN BY THESE PRESENTS: THAT, TEXAS CRUSHED STONE COMPANY, a Texas corporation ( "Grantor "), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to Grantor paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the CITY OF ROUND ROCK, a home rule city of the State of Texas ( "Grantee "), all of the following described real property in Williamson County, Texas, to -wit: That certain tract or parcel of land in Williamson County, Texas, described in Exhibit A attached hereto and made a part hereof by reference. This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions and easements, if any, relaiing to the hereinabove described property, but only to the extent they are still in effect, shown of cod in Williamson County, Texas, and to all zoning laws, regulations and ordinances of municipal 'and/or other governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described property. 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 does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, subject as aforesaid, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under Grantor and not otherwise. EXECUTED this day of May, 1995. DEED TEXAS CRUSHED STONE COMPANY By Name: Title: w Grantee's Address: City of Round Rock, Texas Round Rock, Texas 78664. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS INSTRUMENT was acknowledged before me on this the day of 1995, by Texas Crushed Stone Company, Inc., a Texas Corporation. After recording. please return to: ucs5l8.swd Stephen L. Sheets & Assoc., P.C. 309 East Main Round Rock, Texas 78664 Acknowledgment } } Notary Public, State of Texas Printed Name: My Commission Expires: of THE STATE OF TEXAS COUNTY OF WILLIAMSON ) WATER LINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Texas Crushed Stone Company, a Texas Corporation, herein called Grantor, for a good and valuable consideration paid by the City of Round Rock, a home rule city of the State of Texas, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby Grant, Sell, and Convey unto Grantee an easement and right -of- way in and under the following described property: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, being a strip of land five feet (5') in width, containing 0 155 acre, more or less, being a part of a certain 35.23 acre tract of land conveyed to Texas Crushed Stone by deed recorded in Volume 880, Page 638 of the Deed Records of Williamson County, Texas. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas, and to rights of third persons under documents of record in the office of the County Clerk of Williamson County, Texas, to the extent, and only to the extent, that the same may still be in force and effect. Grantor hereby binds itself and its successors to warrant and forever defend the above described right -of -way easement unto Grantee, its successors and assigns, subject as aforesaid, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The right -of -way easement, rights, and privileges hereby granted shall be used solely for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing one (1) raw water transmission pipeline with all necessary conduits, casings, valves, manholes, ventilators and appurtenances. Except as otherwise stated, the right -of -way easement and other rights and privileges hereby granted shall be perpetual; provided, however, the right -of -way easement and all other rights and privileges hereby granted shall automatically cease, terminate, and revert to Grantor, its successors and assigns, in the event said pipeline is abandoned or shall cease to be used for a period of five (5) consecutive years. EASEMENT Grantor covenants that it will not convey any other easement or conflicting rights in and under the above described five foot strip of land to any third party without the express written consent of Grantee, which consent shall not be unreasonably withheld. In this regard, Grantee shall have the right to review any proposed easement or conflicting use of the right - of -way easement to determine the effect, if any, on the water lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water lines. In connection with and for the duration of the right -of -way easement hereby granted, Grantee shall also have and enjoy the following rights: (a) the right to grade the above described strip of land for the full width thereof; (b) The right of ingress to and egress from said easement by means of existing or future roads on Grantor's property as shall occasion the least practicable damage and inconvenience to Grantor; the foregoing right of ingress and egress applies during the period of construction as well as otherwise, but shall be limited to the above stated purposes of this easement; (c) the right from time to time to trim and to cut down and clear away any and all trees immediately adjacent to either side of the strip which now or hereafter in the reasonable opinion of Grantee may be a hazard to the pipelines and appurtenances by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder; provided that Grantee shall properly remove and dispose of such brush and trees at Grantee's expense; (d) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; provided that Grantee shall provide and use locks on such gates and shall furnish Grantor a key to each lock; (e) the right to mark the location of the right -of -way easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. 2 Grantee hereby covenants and agrees as follows: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip, clean up and remove boulders and properly dispose of debris upon completion of operations for construction, repair, or replacement, and repair any damage it shall do to Grantor's roads or lanes; (c) Grantee shall defend, indemnify and hold harmless Grantor from and against all claims, losses, judgments and liabilities for or on account of property damages, personal injuries or death arising out of or in connection with the exercise of the rights and privileges hereby granted; (d) Grantee's rights of use of the above described strip and rights of ingress and egress are strictly limited to the purposes herein provided and shall not include any right to enter upon, or to conduct surveys, investigations or inspections of or on, any other property of Grantor; and Grantee covenants and agrees that it will not permit or allow any officer or employee of Grantee, or any third person, access to the above described strip or to conduct any activity thereon, except only for the use and purposes stated herein and as expressly authorized herein. Grantor hereby retains and reserves the right to construct road, parking lot (not to exceed one hundred twenty feet (120') in width), railroad track and spur crossings over the above described strip; and in the event Grantee requires any casings or supports to be installed or constructed for the protection of its water line, Grantee agrees to pay all costs of protecting the water line for the first three (3) such crossings, and for each crossing constructed after the first three (3) Grantor shall bear the costs of any required protection (provided that Grantor shall not be required to provide greater protection than that provided for the first three (3) crossings. For purposes of the preceding sentence, a crossing consists of one road, parking lot, track or spur at an angle of no less than ten (10) degrees. Grantor also retains and reserves, and shall continue to enjoy, the surface of such strip of land for any and all purposes which do not interfere with and prevent the use by Grantee of the above described right -of -way easement (including, without limitation, the right to build and to use the surface of said strip of land for drainage ditches and driveways, alleys, walks, gardens, lawns, and other similar uses and/or to dedicate all or any portion of the strip to any city or county for use as a public street, road or alley), provided Grantor shall not erect or construct 3 any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or substantially diminish or add to the ground cover over the pipeline. Before constructing any crossing or improvements on the strip, Grantee shall give Grantor at least ten (10) days advance notice of the general plans of the crossing or improvement to be constructed on the strip. In connection with the construction of the contemplated water pipeline hereunder, Grantee shall have the right to use as a temporary work area the fifteen foot (15') wide strip of land immediately adjoining the southerly and easterly boundary of the strip of land described in Exhibit A hereto; provided, however, all rights of Grantee to use said temporary work area shall terminate automatically upon completion of the construction of said raw water pipeline. \tcs508.esm EXECUTED this day of , 1995. TEXAS CRUSHED STONE COMPANY By Printed Name: Title: CITY OF ROUND ROCK By Printed Name: Title: 4 STATE OF TEXAS COUNTY OF WILLIAMSON THIS INSTRUMENT was acknowledged before me on this the _ day of 1995, by of Texas Crushed Stone Company, Inc. a Texas corporation. STATE OF TEXAS COUNTY OF WILLIAMSON After recording, please return to: Notary Public, State of Texas Printed Name: My Commission Expires: THIS INSTRUMENT was acknowledged before me on this the day of 1995, by of the City of Round Rock, a home rule city of the State of Texas.. Notary Public, State of Texas Printed Name: My Commission Expires: Stephen L. Sheets & Assoc., P 309 East Main Round Rock, Texas 78664 5 FIELD NOTES FOR 0.155 ACRES FIELD NOTES describing a five (5) foot wide water line easement in the John Powell Survey, Abstract No. 491 and the Ephraim Evans Survey, Abstract No. 212 situated in Williamson County, Texas and also being upon a 35.23 acre tract of land conveyed to Texas Crushed E c:e 'ny deed recorded in Volume 880, Page 636 of the Deed Records of said County. BEGINNING at a point of curvature in the West right- :i- ,.•._y Line of fnteretate Highway No. 35, being the East line of said 35.23 acre tract Ind also being S 34 29' 30" W 104.08 feet from the Northeast corner of said tract; rHENCE 6.13 feet, with the arc of the curve in the said We ric. ".t -of -way Line having the elements of Radius . 766.27 feet, Delta = 00' 27' 30 - , Tar. 3.06 feet, and a Chord and Chord bearing of 6.13 feet 5 32 31' 20 to rn angle point hereof; " `HENCE 5 87' 09' 30" W, 5.00 feet southerly of and para_lel to a water .ins easement granted to the City of Round Rock, Texas recor^ -ed in 53, Page 70 of said Deed Records, 822.11 feat to a Volume r, angle point hereof; 'HENCE 5 09 42' 30" W, 5.00 feet easterly of env. parallel - y water ine easement, 523.38 feet to an angle point hereof; HENCE S 68 57' 30" W, 5,82 feet to a point in the East line of another asement granted to the City of Round Rock, Texas recorded in volume 903, age 464 of said Deed Records for the Southwest corner hereof; 3ENCE N 09° 42' 30" E, 530.36 feet along the East line of the last said nrement and the West line of the first said easement to an angle point HENCE N 67' 09' 30" E 629.66 feet along the North line of the first lid easement to the POINT OF BEGINNING containing 0.155 acres of _- ,re or less. °••- :HPORARY CONSTRUCTION EASEMENT ring a fifteen (15) aide strip of land fifteen fett scutle :ly .sterly of, parallel and adjacent to the a_`eredescribec permanent Bement. hereby certify that these notes were prepared from existing records, pplemental surveys, and computations made by Haynie and Tallman, Inc., d are true and correct to the best of my knowledge. Steven D. Hallman Date Job No. 103- 239 -73 May 16, 1899 Page 1 HAYNIE 6 KALLMAN, INC. Registered Public S :r»•C ': n. - . EXHIBIT "A" Page 1 of 2 Pages .'F&- I un IU AUUUMHANY FIELD NOTES OF A 0 . 155 AC WATER LINE EASEMENT OUT OF THE OF THE E . EVANS SUR. , AB . 212 WILLIAMSON COUNTY, TEXAS -+- cEOPGEr y ���� T•'EO.' L�iOin-i- OwnS319 ^Ez:Sry N,. 7p En'IT SG8'5>'30-w iEriP 4IDpp aL_ 5.02 pONg rF�FaPY 5F(''ap5_p _^ _ \ EASEkt/r ON r�R,vgNDF_ e8- _PFOP l ^2=_^ 7 ehctif ^a,N rfF F .vp5'a2. tlNE � I I II O- I f 550.3n E s.;2- 30•H,;IkS TfA I I , , ilh= 521360 I , 1 , 1 I I I EEpp pp TE Ols �60 6G5630E FE.+_F I ' 35.13 A. I ' CUryf TaEt._ I , M. eF.a7we I 625 Ic a uz•3,•ze•. �c.1Ni oo�ii�io• >ea.iT t ey3i i�os 13 , I i �~ I , . I �• I / I/ ca7'0i'30-r 832 : II / 1 rI _�- 77 --- ._ _,_^ . - I III I ! I AaGE 2 CFa2 .tIJE:T a-ra3-2399-31 OE910rEC al;.F I., 'I FtE-e ✓:. ,03-23)9 E5 —.1 01. .M 0.1G fEeaU.aT 30, 1990 CMC.C.OT:SL. iGEE: pET IaEU Ji: Hayne 8 Kallman, Inc. ��g 1 •':9 \ I EXHIBIT "A" Page 2 of 2 Pages CHARLES R. TURNER PRESIDENT & CHIEF EXECUTIVE OFFICER GEORGETOWN RAILROAD COMPANY 5300 SOUTH IH -35 POST OFFICE BOX 529 GEORGETOWN, TEXAS 78627 -0529 512 -863 -2538 FAX 512 - 869 -2649 TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: We hereby certify, under oath, that: See Exhibits "A -1" - "A -2" - "A -3" 1. WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit "B -1" and "B -2" a true and current copy of the Deeds whereby we acquired said property, and 2. the above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. t1er(8) }72_Gsitg� // / i(� ORb I^./i �W AJ �A 0426 Rd( a',WAN o . Notary Pub1id, State of Texas LaVeme J. Tonn NOTARY PUBLIC STATE OF TEXAS My Commission Expires 4-30-97 May 22, 1995 File: E- 430.2910 1 SUBSC'R AND SWORN TO BEFORE ME, a notary public, by Charles R. Turner this,. 31 day of May , 1995, A.D. PAGE 1 OF 2 APRIL 23, 1986 103- 799 -23 FIELD NOTES FOR A FIFTEEN FOOT (15')'WIDE PUBLIC UTILITY EASEMENT FIELD NOTES describing a fifteen foot (15') wide permanent easement and a. temporary construction easement of fifty feet (50') :wide for the purpose of the construction and maintenance of public utilities across those tracts conveyed, to the Georgetown Railroad.Company found of record in Volume 800, Page 630, of the Deed Records of Williamson County. Texas;'. PART ONE BEGINNING at the intersection point of the West right -of -way line of t Ge. :etown Railroad sixty foot (60') right -of -way and the South righ . -way line of 1431 as conveyed to the State of Texas, recorded in ume 1112, Page 490, of s Deed Records, said point being the new east corner of that tract describe TRACT IA conveyed to said Geor. .wn Railroad Company; THENCE S00 °52'57 "E, 15.00 Southeast corner hereof; long sa West right -of -way line to the THENCE S87 °54'06"W, 15.00 -t to the Southwest co - -r hereof; THENCE N00 °52' , 15.00 feet to the Northwest corner hereo d being - in the South ri •. of-way line of said F.M. 1431; i r CE N87 °54'06 "E, 15.00 feet along said South right -of -way line to the Poin of Beginning of this described Part One containing 225 square feet'of land: PART TWO BEGINNING at the point of intersection of the aforesaid South right - - way of F.H. 1431 and the East right -of -way line of the aforesaid_ Georgetown Railroad sixty foot (60') wide right -of -way for the Northwest corner hereof and being in the West line of that tract conveyed to the Georgetown Railroad Company described as TRACT IIA in the aforesaid Deed Records; THENCE easterly the following four (4) courses along the South right -of -way of F.H. 1431: 1) N87 ° 54'06 "E, 404.5 feet to a 30d nail found by a fence post; 2) N80 °18'40 "E, 302.68 feet to a 30d nail found by a fence post; 3) N87 °55'34 "E, 600.12 feet to a nail set by a fence corner post; 4) S50 °30'14 "E, 538.53 feet to a concrete right -of -way marker at the intersection point of said South right -of -way and the West right -of -way line of IN 35; THENCE 56.27 feet along the arc of a curve to the'right in said West right - of-way line the sub -chord bearing and distance hereof being S35 °02'04 "E, 56.24 feet to the Southeast corner hereof; THENCE westerly along the South line hereof the following our (4) courses: 1) N50 ° 30'14 "W, 587.04 feet; 2) S87 °55'34 "W, 593.43 feet; 3) S80 °18'40 "W, 302.68 feet; 4) S87°54'06"W, 405.82 feet to the Southwest corner hereof and being in the aforesaid Georgetown Railroad sixty foot (60') right -of -way line; THENCE N00 ° 52'57 "W, 15.00 feet along said right -of -way line to the POINT OP BEGINNING of this described. Part Two containing 28,039 square feet of land. NSTRUCTION EASEMENT A temporary construction easement ') in width shall exist 50,0 feet southerly of an to the South right -of -wa - F.M. 1431 as sh attached easement sketch. �EXI:IBIT tI" EXH/B(7 "M -r `< SKETCH TO ACCOMPANY FIELD NOTES FOR AN EASEMENT • /J/777,9 TE 1/4/ S.! ,c/D. 35 .feAlE / "= /OD o e /ur o e /.V e /A,/7 2 73 EO 1 >PA /L,PD.90 •i /u/ or 6 fe %vvit/e 7/ ./........../ 7 . d 0 ,.. • A.PT l P75 fq.. FT /s • iaQea' ur/c /r✓ • r A� SG.7 .'• SZ7.D• e• Sb. — — — — �- S. giros! EX -ltBI 'A —J" Ia Yee gee P(. G 3D -/D, BEA.P /.UG O/t 7 T/ YI 7 T4 ' /.!/E TABC ree' - z'1 /87'5'1'04"i/ //B7• S4'OG / SO' rrn /. eAteHewr o 3d -V4' 4" JET err /EUCE •3f7' W e !:/ArE,P 6 T.P 't r I /9 CED,eceroi,/,(/ .P,,- /I,PpAO CD. GO PO. Haynie & Kaltman Inc. H (!!!' o — CONSULTING ENGINEERS n/rr a,v eE /,v 74.f /J • - 3• re-yre.r.�.r 1106 South Aloy+ ! /NI /,pdCY /e.•/ (A.rfH lNr Round Rock, T+xat 78664 - c,�ciri - $rte " Page 2 of 2 (512) 255 -7861 Imo/"/ l`Y3/ Sim of 1E X f15 )112 / �ED2GC �� Sao / 430 0 p 0 6 C 3 k 60.00 90D sq. F 6O, Do , ' / ` ' J ) 3 ! STATE" DFTEXAS 1112 / 2 / 0 /0 G6oR66 TOGJYJ ,KR goo/ g30 - SKETe. P12DpdsEb 4,QAJExti C l!Y bP HPL,AJ b &oCK., I BY EDIeGETo to 17 4/L.Ro/9 ( 1\t0 :✓cALL- l'igY 22., 199s Ex r-(18 ' - a " PA�c z of 1. vo[ 16 I rg,E 590 Y11IF3FT n R =3 PAGE 1 OF 4 FIELD NOTES FOR A 4.516 ACRE WATER LINE EASEMENT Field notes describing a 4.516 acre tract of land in the Ephraim Evans Survey, Abstract No. 212, in Williamson County, Texas and being a part of n 864.39 acre tract of land conveyed to Georgetown Railroad Company, Inc. by deed recorded in Volume 880, Page 630 of the Deed Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on the South line of R. M. 81431, in the Northeast corner of a 474.91 acre tract of land conveyed to Hy -Land North Joint Venture by deed recorded in Volume 639, Page 693 of the above mentioned Deed Records, and in the Northwest corner of the said 864.39 acre tract for the Northwest corner of this easement. THENCE N - 71° 07' 17" F, with the South line of the said R. M. 81431 488.99 feet to the PC of a curve to the right, the said curve having a central angle of 06° 24' 48" and a radius of 5629.58 feet. THENCE with the arc of the said curve 630.14 feet the long chord of which bears N 74° 31' 11" E 629.81 feet to the PT of the said curve. THENCE N 77° 43' 14" E 7506.93 feet to the PC of e curve to the right, the snid curve having a central angle of 06 00' 50" and a radius of 5629.58 feet. THENCE with the arc of the said curve 590.90 feet the long chord of which hears N 80° 44' 14" E 590.63 feet to the PT of the said curve. THENCE .S 87° 00' 46" E 296.39 feet`to the PC of a curve to the right, the said curve having a central angle of 02 11' 03" and a radius of 5589.63 feet. THENCE with the arc of the said curve 213.08 feet the long.chord of which bears N 87° 50' 14" E 213.07 feet to the PT of the said curve. THENCE N 88 55' 14" E 116.49 feet to the intersection of the South line of R. M. /11431 and the West right -of -way line of the Georgetown Railroad for the Northeast corner of this easement. THENCE S 00° 14' 09" E with the West right -of -way line pf the Georgetown Railroad 20.00 feet to the .Southeast corner of this easement. THENCE S 88 55' 14" W 116.20 feet to the PC of a curve to the left, the snid curve having a central angle of 02° 11' 03" and a radius of 5569.63 feet. THENCE with the arc of the said curve 212.32 feet the long chord of which bears .S 87 50' 14" W 212.31 feet to the PT of the said curve. THENCE N 86° 59' 07" W 295.35 feet to the PC of a curve to the left the snid curve having a central angle of 06 00' 50" and a radius of 5609.58 feet. THENCE with the arc of the said curve 588.80 feet the long chord of which bears S 80° 44' 14" W 588.53 feet to the PT of the said curve. EXH(i» 3 THENCE S 77° 43' 14" W 7506.93 feet to the PC of e curve to the left, the said curve having n central angle of 06° 24' 48" and a radius of 5609.58 feet. THENCE with the arc of the said curve 627.90 feet the long chord of which bears S 74° 31' 11 "'W 627.57 feet to the PT of the said curve. THENCE S 71° 07' 17 W 488.51 feet to a point on the Gast Iine of the said 474.91 acre tract and the West line of the said 864.39 acre tract for the Southwest corner of this easement. THENCE N 20° (14' 45" (4 with the. East line of the said 474.91 acre tract and the West line of the said 864.39 acre tract 20.00 feet to the POINT OF 11EGINNI1'C contn.ining 4.516 acres of land, more or less. AND FIELD NOTES FOR A THIRTY (30') FOOT ((IDE TEMPORARY CONSTRUCTION EASEMENT Field notes de: ribi.ng n 6.769 acre tract of land in the F.hraim Evans Survey, Abstrnc. No. 212, in Williamson County, Texas end Bing a part of n 864.39 acre trac of land conveyed to Georgetown Railr .d Compnny, Inc. by deed recorded in plume 880, Page 630 of the Deed N ords of Williamson County, Texas, being a thirty (30') wide strip of la lying South of and ndjecent to the .South ne of the above described :esement and being more particularly described by etes and bounds as fo ows: 0ECINNI30 nt a point on the Eas line of t . said 474.91 acre tract, the West (Inc of the said 864.39 a e tra , and in the Southwest corner of the above described easement for th• No thwest corner of this tract. THENCE N 71° 07' 17" F, with the Sou r 1 e of the above described easement 488.51 feet to the PC of a curve to e right the said curve having n central nngle of 06 24' 48" nn a radius o. 5609.58 feet. THENCE with the arc of the :aid curve 627.90 fe_t the long chord of which bears 'r 74° 31' 11" E 627 7 feet to the PT of the said curve. THENCE N 77° 43' 14" 7506.93 feet to the PC of e rve to the right the said curve having a central angle of 06 00' 50" and a adius of 5609. .58 feet. THENCE with ie arc of the said curve 588.80 feet the long ord of.which bears N 80 44' 1 .4" 1? 588.53 feet to the PT of the said curve. THENCE 86° 59' 07" 1: 295.35 feet to the PC of a curve to the ri t the said curve having e central angle of 02° 11" 03" and a radius of 5 9.63 fee HENCE with the me of the said curve 212.32 feet the long chord of which bears N 87° 50' 14" E 212.31 feet to the P7' of the said curve. E -r 617 A 3 (i 16 ?11m,591 �KFI -I�IT - "A - " — PAGE 2 OF 4 7 THENCE N 88 55' 14" E 116.20 feet - to'n point. on the .West right -of -wa line of the Georgetown Railroad, in the Southeast corner of the ab scribed easement for the Northeast corner of this easment. THEMC S 00° 14' 09" E with the Lest right-of-way line of the ♦.orgetown Railroa 30.00 feet• to the .Southeast corner of this tract. THENCE S PR ° 5' 34" L' 115.76 feet to the PC of a curve t.% the left the snid curve h ing a central angle of 02 11' 03" and .y!rad.iu.s of 5539.63 /F THENCE with the arc o' the said curve 211.18 feey'the long chord of which bears 0,37° 50' 14" W 2 .16 feet to the PT ofjthe said curve. i THENCE .V 36° 56' 33" 1r 29'x,80 feet to the PC of a curve to the left the said curve having a central angle of 06° 50" and a radius of 5579.58 feet. "z Tl /EA'CF, with the arc of the said u�.,585.65 feet the long chord of which hears 0 80° 44' 14" W 585.38 f t to the`.PT of the said curve. THENCE S 77° 43' 14" W 750 92 feet to the PC..of a curve to the left the said curve having a central angle of 06 24''44" and a radius of 5579.58 feet. feet. vol 1621 r„!„ 592 THENCE with the a7'c of the said curve 624.54 feet the a,ong chord of which hears ,S 74° 31' 1" (/ 624.21 feet to the P7' of the said 'Lturve. THENCE ,5 7 07' 17" k% 487.78 feet to n point on the !last 1 a. of the said 474.91 a re tract and the West line of the said 864.39 acre crab-.t for the Southwe' - t corner of this tract. 7•iTRHCF. 3 20° 04' 45" V with the East line of the said 474.91 acre t and the West Line of the said 864.39 acre tract 30.00 feet to the POINT 'ECINNtNC containing 6.768 acres of land, more or less. 1 hereby certify that these notes were prepared from existing records, supplemental surveys, and computations made by Haynie Tallman and Cray, Inc., and are true and correct to the hest of my knowledge. TIMOFIIY E. IIAYNIE 0 2380 y � .. JIJ • t� HAYNIE KALLJIAN AN0 GRAY, INC. Timothy E. Haynie Registe ed Public Surveyor No. 2380 /- ,go -87 Hate Job No. 382- 1706 -23 rr LxHf fr I4 - 3 rr EXHIBIT "A" PACE 3 OF 4 SKETCH TO ACCOMPANY FIELD V NS SURVEY, A-212, TER LINE EASEMENT IN THE EPHRAIM WILLIAMSON COUNTY, TEXAS TOM E. NELSON TRUSTEE #1 REM. 1437.45 - AC. VOL. 571, PG. 446 POINT OF 0(0INNIN6 HY -LAND NORTH JOINT VENTURE REM. 474.91 AC. VOL. 639, PG. 693 4.516 AC. LINE TABLE NO. BEARING DISTANCE 11 871,07'17'E 468.99 12 067 296.39 T7 NB13'55'f4'E ]16.49 18 600.14'09'E 20.00 19 S8B 55'6['8 116.20 110 686,59'07'8 295.35 Ifs S71 :07'17'9 488.51 112 120 04545 20.00 TEXAS CRUSHED STONE CO. 1375.555 AC. VOL. 880, PG. 638 GORGETOWN RAILROAD CO., INC. 864.39 AC. VOL. 880.1: PG . 630 CURVE TABLE N0. BEARING CHORD DELTA RADIUS LENGTH TAN C1 874,31 11'E 629.61 6 24'48' 5629.58 630.14 315.40 C2 880,44'»'E 590.63 6,00'50' 5629.58 590.90 295.72 C3 887.50'14'E 213.07 2,11'03' 5589.63 213,08 106.55 C7 $8750'14'8 212.31 2 11'03' 5569.63 212.32 106.17 C8 580,44'14'8 586.53 6'00'50' 5609.56 586.60 294.67 C9 S74 31 '11'8 627.57 6'24'48' 5609.58 627.90 314.28 , 577 43 14 if 7506.93- -- 20' 6.769 AC, . 0 SCALE: 1 1000' / / EXHIBIT 'A' PAGE 4 OF 4 2 0 >< 78 0 1 W Ts CD CD CC 0 Cc 0 PROJECT 140: 302 - 0706 - 23 DESIGNED BY: RT FILE N0: 392 -1706 J1 MANN BY: JF DATE: JANUARY. 1987 CHECKED BY: SCALE 1' - 1000' REVISED BY: Haynie Kallman C bray. Inc. Consulting Engineers Austin . texas 684 VOL C;OUPA0t U 0 SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: § COUNTY OF WILLIAMSON That WESTINGHOUSE ELECTRIC CORPORATION, a corporation organized and existing under the laws of the State of Pennsylvania, of the County of Allegheny and State of Pennsylvania for and in consideration of the sum of Ten and no /100 ($10.00) DOLLARS and other valuable consideration cash to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto GEORGETOWN RAILROAD COMPANY, INC. a Texas Corporation, of the County of Williamson and the State of Texas, all of that certain real property in Williamson County, Texas, more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular the rights and the appurtenances pertaining to the property, including any right, title or interest of grantor in and to adjacent streets, alleys or rights -of -way, together with any improvements, fixtures, and personal property situated on and attached to the property. This conveyance is made and accepted subject to the following matters: (1) Any and all restrictions, covenants, conditions, easements, rights -of -way, oil, gas and other mineral reservations, if any, relating to the hereinabove described property, that are valid, existing and properly of record in the office of the County Clerk of Williamson County, Texas. (2) Taxes for the year 1982 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. (3) The following unrecorded grazing and /or housing leases now in effect, as follows: (a) Lease between Grantor and Leon Behrens made on October 5, 1981, covering 544 acres. (b) Lease between Grantor and Alvin Braun made on October 15, -1981 covering 1604 acres. (c) Lease between Grantor and Alvin Braun made on October 15, 1981, covering 1060.4964 acres. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto said grantee, its successors and assigns forever; and it does hereby bind itself and its successors, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under it, but not otherwise. ExH r Eat 8 - 3Okl day of !1„-_ , 1982. ATTEST: By: VCiL 8SOPAGE 631 EXECUTED this 2844 day of June, A.D. 1982 to take effect the WESTINGHOUSE ELECTRIC CORPORATION Mailing Address of Grantee: Georgetown Railroad Company, Inc. P. 0. Box 529 Georgetown, Texas STATE OF PENNSYLVANIA COUNTY OF ALLEGHENY 78626 This instrument was acknowledged before me on this 20L day of JUf - , 1982, by !A3 1-1c"!xir.w l — , Vice President, of Westinghouse Electric Corporation, a Pennsylvania corporation, on behalf of said corporation. :('SEAL ) Notary �P fublic, tate of Pennsylvania Notary's printed name: jo nn `3cfkc My commission expires AFTER RECORDING RETURN TO: Mr. Tom Curtis Clark, Thomas, Winters & Shapiro Texas Commerce Bank Building 12th Floor 700 Lavaca Austin, Texas 78701 EXH I(3I vg_,,, vnL 880F AGE 632 Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract IIA consisting of 260.39 acres. EXHIBIT "A" Page 1 of 5 EX1-1)61T ' /3-i" TRACT IA VOL 880PAGE 633 Field notes describing 875.68 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas; said tract being a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 526.60 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being more particularly described as follows: BEGINNING at an iron pin set for the southeast corner of the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of the Georgetown Railroad; THENCE along the average line of a fence for the south line of the tract herein described the following courses; (1) South 85 54' 42" West a distance of 835.47 feet to an iron pin found; (2) South 69 28' 14" West a distance of 884.18 feet to a cedar post found; (3) South 75° 10' 48" West a distance of 88.43 feet to a cedar post found; (4) South 68° 59' 10" West a distance of 2,355.65 feet to a creosote post found; (5) South 70° 38' 31" West a distance of 119.60 feet to a creosote post found; (6) South 68° 46' 58" West a distance of 1,697.08 feet to an iron pin found; (7) South 77° 49' 02" West a distance of 78.40 feet to an iron pin found; (8) South 68° 02' 17" West a distance of 1,596.96 feet to an iron pin found; (9) South 69° 01' 04" West a distance of 1,080.90 feet to an iron pin set for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 20° 58' 25" West a distance of 2,698.73 feet to an iron pin set; (2) North 67° 45' 45" East a distance of 173.70 feet to an iron pin set; EXHIBIT "A" Page 2 of 5 ExHisi , "s -i" VOL 8SOPAGE 634 (3) North 21° 00' 01" West a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin; for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses; (1) North 70° 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced with an iron pin; (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73° 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; (3) North 76 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the right having a chord of 612.99 feet bearing North 79° 41 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; (5) North 76° 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin; (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86° 46' 27" East and a radius of 5,869.58 feet to a 30d nail found and replaced with an iron pin; (7) North 87° 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses; (1) South 0 43'47 " East a distance of 907.61 feet to a 30d nail in a railroad tie found; (2) South 0° 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or less. I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" Page 3 of 5 EXH(BIT "g_ Ha e red Public Surveyor No. 2154 TRACT IIA EXHIBIT "A" Page 4 of 5 EX H l I "B-1 •, VOL 8SOPAGE 635 Field notes describing 260.39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas: Said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 88.23 acre tract that was conveyed by deed dated September 20, 1971 from Robert L. Bowers, Trustee, and Robert L. Bowers and Carl W. Burnette Individually to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 68, and all of the 27.65 acre tract that was conveyed by deed dated August 3, 1971 from Marvin H. Parker and wife, Ruth W. Parker to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 449, page 391, and all of the 17.93 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife, Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being the southeast corner of the above said 88.23 acre tract conveyed to Westinghouse Electric Corporation, and in the west right - of -way line of Interstate Highway 35; THENCE along the south line of the tract herein described the following courses; (1) South 80° 46' 40" West a distance of 112.73 feet along a fence to an iron pin set; (2) North 20° 14' 48" West a distance of 400.71 feet along a fence to an iron pin set; (3) South 85 53' 09" West a distance of 1,650.58 feet to an iron pin set for the southwest corner of the tract herein described, said southwest corner also being in the east right -of -way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 0° 51' 14" West, a distance of 6,445.92 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described North 89° 02' 16" East, a distance of 1,648.58 feet to an iron pin found for the northeast corner of the tract herein described, said northeast corner also being in the west right -of -way line of Interstate Highway 35; voL 880PAGP 636 THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2° 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2° 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found; (3) 597.76 feet along a curve to the left having a chord of 596.70 feet bearing South 8° 01' 07" East a radius of 2,914.8 feet to a Texas Highway Department monument found; (4) 381.42 feet along a curve to the right having a chord of 380.75 feet bearing South 8° 00' East and a radius of 1,859.9 feet to a Texas Highway Department monument found; (5) South 2° 12' 52" East a distance of 187.22 feet to a Texas Highway Department monument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South 15 59' 02" West and a radius of 523.0 feet to a Texas Highway Department monument found; (7) 968.37 feet along a curve to the left having a chord of 905.19 feet bearing South 1° 55' 53" East and a radius of 766.2 feet to a Texas Highway Department monument found; (8) 331.15 feet along a curve to the right having a chord of 325.65 feet bearing South 20 13' 10" East and a radius of 523.0 feet to a Texas Highway Department monument found; (9) South 2° 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2° 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, more or less. I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" Page 5 of 5 C ?CH /at I — 3--i rooks Hale ered Public Surveyor No. 2154 THE STATE OF TEXAS County of Williamson tify that the foregoing instrument in writing, with its certificate, of authentication, was filed for record in my office on the 1St day of July A.D. 19 8 "2•, at • 4': 0.5 o'clock P M., and duly recorded this the 2nd day of July A D 19 8 2 at 9: 45 o'clock A M., in the Deed 880PAGE 637 } I, James N. Boydston, Clerk of the County Court of said County, do hereby cer- WITNESS MY HAND and seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. Deputy Records of said County, in Vol. 88 0 pp JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas • THE STATE OF TEXAS COUNTY OF WILLIAMSON 545? KNOW ALL MEN BY THESE PRESENTS: THAT MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) and other valuable consideration to it in hand paid by the GEORGETOWN RAILROAD COMPANY, INC., a corporation of the State of Texas, the receipt of which is hereby acknow- ledged, does by these presents BARGAIN, SELL, RELEASE AND FOREVER QUITCLAIM unto said GEORGETOWN RAILROAD COMPANY, INC., its successors and assigns, all its right, title and interest in and to the following described property, to -wit: That portion of the main track and right - of -way of what is known as the Georgetown Branch of the Missouri Pacific Railroad Company extend- ing northwardly from a point in the center line of main track in the David Curry Survey designa- ted as Railroad Mile Post 2, which point is marked by a rail in said center line of main track 1,310 feet north of the head block of switch leading to Superior Stone Products Company, and 517 feet south of the south end of the bridge over Ander- son Branch, measured along said center line, over and across part of said David Curry Survey, the Jacob M. Harrell Survey, the Ephrain Evans Survey, the John Powell Survey, the F. A. Hudson Survey, the L. J. Dykes Survey and C. Stubblefield Survey, approximately 7.97 miles to the end of the track in Georgetown, Williamson County, Texas, includ- ing but not limited to such lands and rights -of- way along and contiguous with the above described track lying northerly of said Mile Post 2, as were acquired by the predecessors in title to Missouri Pacific Railroad Company under the following in- struments, to -wit: Deed dated February 12, 1885, recorded in Book 36 at Para " September 9, 1879, " 22 " " December 16, 1878, n II " 22 " " 497 Jul y 10, 10 1880 " " " 1 " " 35 II Ma 24, 1882 " 29 " " 11 If May 26, 1882 " " 29 " " 468 June 29, 1883 ` 31 " 250 " II December 18, 1878 ' " " 22 " " 496 " December 19, 1878 " " 22 " " 493 " December 19, 1878 11 " " 22 " " 491 " December 23, 1878 " " " 22 " " 492 " " December 18, 1878 " " " 22 " " 494 " December 31, 1896 II '.' 80 " " 213 " ,; October 3, 1879 " II II 22 " " 574 „ August 5, 1879 " If 22 " " 513 II 11 December 17, 1875 " " 22 " " 489 " 21 September�.8, 1883 " " 32 " 28 " March 3, 1884 " 34 " 81 " If Septemberl0, 1879 If n 22 " " 518 „ ExHIBI i "B -2 Deed dated December 21, 1878, recorded in Book 22 at Page 490 II II December 18, 1878, " 22 487 " II December 19, 1878, If If " 22 " " 486 " Octobe 7, 1884, fl II " 35 " " 134 " December 10, 1878, " " 22 " " 485 " II November 12, 1885, " " " 38 " " 191 If December 18, 1878, " " 22 " " 484 II November 18, 1878, " " 22 " 483 II January 31, 1879, II " 22 " " 481 January 25, 1879, " 22 " " 479 January 25, 1879, " " 22 " " 4 78 July 19, 1883, " " 31 " " 387 n n February 4, 1890, " " 51 " " 284 ___ii " Septemberl0, 1931, " " " 239 " " 472 Easement " December 7, 1928, " " 239 " " 334 all in the Deed Records of Williamson County, Texas, together with all side and spur tracks connecting therewith, bridges, structures, and all other property of Grantor real, personal or mixed that may be located or placed on, beneath or above said premises; but save and excepting, however, tele- graph pole and wire line owned by the Western Union Company, and subject to (i) building lines, restrictions, conditions and easements, if any, (ii) zoning laws or ordinances affect- ing said property, if any, (iii) lawful encroachments, measure- ments or other facts which a correct survey would show, and (iv) general taxes for the calendar year 1959 and thereafter, and the special taxes assessed and becoming a lien after the date of this deed. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights, privileges and appurtenances thereto in any manner belonging, unto the said Georgetown Railroad Company, Inc., and its successors and assigns. This instrument is executed without warranty of title, express or implied. The Grantor certifies and warrants (a) that the property herein described constituted part of the property of the Grantor the operation of which was abandoned in the manner permitted by Section 7.03 of the Grantor's First Mortgage to The Boatmen's National Bank of St. Louis, Trustee, and the Grantor's General (Income) Mortgage to Manufacturers Trust Company and Charles - 2 - ExHIBI „a_z„ PI Herman, Trustees, each dated January 1, 1955, (b) that the Grantor has complied with all of the provisions of Section 7.03 of each of said Mortgages relating to the property herein described and (c) that pursuant to said Section 7.03 the property herein described is free and clear from the liens of said Mortgages. EXECUTED THIS the day of Oc , 1958. STATE OF MISSOURI CITY OF ST. LOUIS 1 BEFORE ME, the undersigned authority, on this day per- sonally appeared H. M. TOHN5on1 , known to me to be the person whose name is subscribed to the foregoing instrument as exec. vic>: President of Missouri Pacific Railroad Company, a corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN under my hand and seal of office this 9.4 day.. o t c' d4,10 .t:,. 195 fd • fir • Iv ��omml 2xp ires : aoUl + S S. L A,6 IQL.Z By -3 EX /81 i ''/3 -2. ' MISSOURI PACIFIC RAILROAD COMPANY recar,LE Vice President Notary Public 0 • THE STATE OF XAS County of Williams 5 I, Dick Cervenka, Clerk of the County Court of said County, do hereby certify that the foregoing instrument in writing with its certificate of authentication, was filed for record in my office on the y` [ V day of 1 1 �/ .x,, J A D 195 , at4a� o'clock \1 M„ and duly recorded this the �J n j � j ay of y'(y� v 1 A D 195, a U o'cloclr , in the u \Y Q X ^"' Records of said County, in Vol,_ _. ''�� PP _ --i-9— WITNESS MY HAND and Seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. By eputy. DICK CERVENKA, Clerk, County Court, Williamson County, Texas. CHARLES R. TURNER PRESIDENT & CHIEF EXECUTIVE OFFICER Mr. Bob Bennett, City Manager City of Round Rock 221 East Main Avenue Round Rock, Texas Dear Mr. Bennett: GEORGETOWN RAILROAD COMPANY 5300 SOUTH IH -35 POST OFFICE BOX 529 GEORGETOWN, TEXAS 78627 -0529 512- 863 -2536 FAX 512- 869 -2649 May 22, 1995 File: E- 430.2910 This letter is being furnished in connection with the request made by Texas Crushed Stone Company ( "TCS ") and Georgetown Railroad Company ( "GRR ") for an extension of our existing joint industrial district agreement with the City of Round Rock ( "the City ") for an additional period of seven (7) years. We understand that our request will be presented to City Council this Thursday, May 25, 1995. We would appreciate approval of our request by City Council at this time, in order to avoid any gap due to the termination of our existing agreement. This letter will serve to document the consideration we propose for such extension of our existing joint agreement on May 25, 1995. If the extension is granted on May 25th and the form of extension attached to the TCS file as Attachment 1, which we understand has been approved as to form by the City Attorney, is executed on behalf of the City before the expiration of our existing joint agreement, GRR agrees to execute such extension document and to deliver promptly to the City the following documents: 1. Pipeline License Agreement for waterline crossing GRR right -of -way near Inner Space Caverns. 2. Pipeline License Agreement for waterline crossing GRR right -of -way near Round Rock Water Treatment Plant. 3. Petition by GRR for voluntary annexation of a fifteen (15) foot wide strip of land adjacent to the South side of R.M. 1431, extending from IH -35 Westward across GRR owned real estate, including a portion of GRR railroad right -of -way. Please consider this letter, and related documents, as Attachment 4 to the documents furnished by TCS, which contains the Joint Industrial District agreement referred to hereinabove. CRT /cb Your handling of this request is appreciated. Yours very truly, / /^ / Charles R. T Charles PIPELINE LICENSE AGREEMENT Fa > C tey b, EdTHIier cc. 1995 This Pipeline License Agreement (the "License ") is made and entered into effective the date last executed herein be- low, by and between Georgetown Railroad Company, a Texas cor- poration ("GRR "), as licensor, and the City of Round Rock, Texas ( "Round Rock "), as licensee. W I T N E S S E T H: WHEREAS, the City of Round Rock desires to construct a thirty (30) inch pipeline, with a forty -two (42) inch incase- ment, for the transportation of water (the "Pipeline "), which Pipeline will cross under the tracks of GRR; and WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and maintain the Pipeline; NOW, THEREORE, the parties hereby agree as follows: Article I License Granted; Term; Consideration For and in consideration of the mutual covenants and contracts herein contained, CRR hereby grants to Round Rock PIPELINE LICENSE AGREEMENT RAW WATER LINE @ INNER SPACE a license to construct and maintain the Pipeline to cross under GRR's main line track, 321 feet Southwest of Interstate Highway 35, South of Georgetown, Williamson County, Texas, and further described in Exhibit "A" attached hereto and incorpo- rated herein for all pertinent purposes, on the terms and conditions described hereinbelow. This License shall be ef- fective from and after the date fully executed, and shall ter- minate at such time as the Pipeline is no longer used by the City of Round Rock for the use provided hereinabove. In con- sideration of the granting of this License by GRR, Round Rock agrees to pay to GRR, immediately upon execution hereof, the sum of fifty dollars ($50.00). Article II Pipeline Location The Pipeline shall be located as described in Article I hereof. The Pipeline, when installed by Licensee, shall be installed so that the upper surface of the pipe is at least four and one -half (4 -1/2) feet below the bottom of the rail thereover, or at such lower depth which may be necessary to provide adequate support for the rail. Installation shall be made in conformity with the engineering profile contained in Exhibit "A" hereto. -2- Article 1II Responsibilities of Round Rock 3.1. Installation and Maintenance; Removal of Pipe Round Rock shall install or cause to be installed the Pipeline at the location provided in Article I hereinabove. The Pipeline shall be installed safely and in a good workman- like manner, and during the construction, Round Rock or its contractor involved in the construction shall secure a policy of Owner's and Contractor's Protective Liability Insurance with limits of liability of at least S2,000,000.0°, naming GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the Pipeline. During the term of the License, Round Rock agrees that it will properly maintain the Pipeline and will take any and all actions and expend any and all funds which may be required to maintain the Pipeline. Round Rock further agrees that the construction, maintenance, and operation of the Pipeline will comply with all applicable State, Federal and local laws, rules or regula- tions, and upon any notification by any person that the Pipeline is not in compliance with such laws, rules and regulations, Round Rock agrees to take prompt action to bring the Pipeline into such oompliance. In the event that Round Rock fails to properly maintain the Pipeline or to take any action required -3- to bring the Pipeline into conformance with all applicable laws, rules or regulations, the GRR, after 10 days notice to Round Rock, may take any such action as may be reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable laws, rules and regulations, and Round Rock agrees that in the event GRR takes such action, Round Rock shall, with twenty (20) days, reimburse GRR for the actual cost of labor performed by or on behalf of GRR, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to such labor, GRR's cost price of all materials f.o.b. GRR's rails plus 10% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Upon termination of this License, Round Rock shall take prompt action to remove the pipe and all associated materials and re- pair any damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by Round Rock with- out any demand from GRR, but shall in any event commence within thirty (30) days after termination of this License and written demand for removal being made by GRR. 3.2. Indemnification and Hold Harmless During the term of this License, Round Rock agrees to -4- indemnify GRR and hold it harmless from any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties, from the operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its employees or agents. The loss or damage for which Round Rock shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the Pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) GRR employees or agents, (ii) Round Rock employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the Pipeline or the inter- ruption of Pipeline service, caused by negligence of Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Article IV Representations and Warranties of Round Rock Round Rock hereby represents and warrants to GRR that the construction, operation and maintenance of the Pipeline have been property approved by the City of Round Rock, and that - 5 - Round Rock has been authorized by resolution, or if required by its Charter, by ordinance, to enter into this Pipeline License Agreement, that the resolution or ordinance has not been repealed and is in effect at the date of execution hereof, and that this License Agreement is enforceable against Round Rock in accordance with its terms. Round Rock further warrants and represents that the city officer executing this License has been duly authorized to execute the same on behalf .of, and as the act and deed of, the City of Round Rock. Article V Assignment The License hereby granted by GRR to Round' Rock is personal to the grantee hereof, and Round Rock shall have no right to assign this License without the express prior written consent of GRR. GRR's rights hereunder shall be freely assignable. -6- Article VI Notice Any notice required or permitted hereunder shall be per- sonally delivered or sent by registered or certified mail, re- turn receipt requested to the addressee at the address listed below, and such notice shall be effective on the date of de- livery, or date of mailing. Round Rock City of Round Rock 221 East Main Street Round Rock, Texas 78664 Georgetown Railroad Company EXECUTED on the date indicated below: City of Round Rock ATTEST: BY: (Date) (City Seal) ATTEST: (Date) (Title) Georgetown Railroad Company P.O. Box 529 Georgetown, Texas 78627 (Title) Georgetown Railroad Company BY: President IA WM • 1 4 I pl3GNt Fa 34 I34L M1c lKt 9, 4137, } y v 1 3147A443 . 13441 P33R 3147131 I.IM( 33O33111p1 ♦ r 1j .!f h I 11034 7413 PT. ,• Au "Aims 1 L IMF US)N/ x071 e13rmot 33 uF 7+p A L[41K 30AVCr 1111E Ix M7Y 1 3Q FT _FT, '1ft AWN 3 3 1) 1' � 4T ;J 3)4. 0137 '344 34131 31, / 4T. / / _8_1'1, i t ro IT. w1µ1 3331 113143 C A11110 1113 IIS....,•. 11 POI 30 Q FT a-411Y %, WAL tR]Dc In ♦ STEEP, CASING WALL TN C611110 CHART VERENEWEill S /10• 3/1 7/ f3• SLIP 3'4 OVEN W M APPROVED IYRR CO. NOFE1 7313 LT44!T IS O4LT PIPES PITH MINDEN YIELD STREWN OF 34,000 PSI. .3150• . 300•• .7 • !tn lv" 011 LESS OLIN 1I•- 11 OVER 1f -7r C OYER n " DKR 26 OVCii S i " -/t r � R Georgetown Railroad Crossing Sta. 146 +15 ACE ARROW INDICATING NORTH COT ION RELATIVE. TO CROSSING - FORM OR- Ot -E -B W ti ,� - REV. OS -DI -30 ' APPLICATION FOR ENCASED NON - FLAMMABLE PIPELINE CROSSING NO SCAT F r U FF.-41 NO7E) ALL AVAILABLE DIMENSIONS LUST OE FILLED IN 7+o E%PEOITE TH19 APPLICATION. • AID• Sin • 5 47 1031 401511 4513 3 x Al 41.1 3 INC) /1) ODSCAi43 I NJ 111 I xel Wn b south of FM 2243 & IH -35 intersection 3Q FT. 1 1.104313 x�O+CI� 30. 3 PT. FT. 1 88 FT. 10 INC L45.01A M41i 660 43,010 0 1437113, FORMULA TO 415yRC CA11N5 CROSS 1,13140114 ITN 1 N0715 11 ALL HORIZONTAL DISTANCES TO 0 5/646000 AT RIla1T A1A7LC3 FROM 0 TRACE. B A .� E) CASINO TO E%T3N3 BEYOND TN3 CENTS71UINC 04 MACK AT RICHT MOLES TH4 6A3ATIA l4, R 03 F. _ AND Strom LIMIT Of 10)01030 4113441.04 -NAT IF NCCE33ARy TO PRO(IOC PROP LENGTH QOTIID( 04 TR A CK , 33 MINIALIM OF SO' FROM 711E ENO OF ANT RAILROAD VAID0q. 4 OP ANT CULVERT, OR ROM ANT S01TC31100 AREA. 4 •' 41 SIGNAL R3PRXIE111ATIVE 1013? 113 PRESENT WINO INSTALLATION lF RAILNDAO SICMALS •413 IN 703 ylCLHiry OF cRollop O. 5; 4 1.$7.k 1 inn 0443077+ I1040'ms 3AC0SALL4 04 SRIDDEI E OF ROAD C40310001 3 OVENC30 410303)3 1017E ROW NA3(3, DA E OF CULVERTS. A I S PIPELINE CROSSING WITHIN h CATER STREET 9 Y£sl —. 440; B) IF TES, NAME U3 STREET IV C7 DISTRIBUTION LINE DR TRANSMISSION LINE _,___$_,._ 0) CARRIER PIPE 1 COMMODITY TO SE CONVEYED Rew W5tar OPERATING PRESSURT��__4 MALL TM/CANED' ' J.)OfAucren ?DN ; wataiAL E) (CASINO PIPE 3 ) WALL THICKNESS 5/8 1 DIAA4TER 42° ; ►CATERIAL steel .) NOTE) 0 CASING AND INTERIOR DIAMETER OF CASINO PIPE. WHEN FURNISHING DIMENSIONS, 017E OUTSIDE OF CARRIER PIPE IMO INSIDE OF CASINO PIPE. Fl metliOD OF INSTALLINO CASING PIPE UNDER TRACKI5)1 A DAC BORE AND JACK 43E1' BORE NOT PERMITTED)) TUNNEL ; OTHER. C1 WILL CONSTRUCTION BE 9Y AN OUTSIO4 CONTRACTDR7 A YES;_ H) D13TANGC FROM CERTCR LINE OP TRACK TO NEAR FACE OF BOR 1:1 JACKING PITS 3NEN 3EASUREO AT R10HT ANGLES TO TRACK 111 ND . 3) APPLICANT HAS COHTACT['D 'TETETILT TT" Of U. 4'. cwKINHICAT1oN DEPARTNFJET ANO HAS OETERKIIN40 FIBER I OPTIC CABLE. DOES I,_.,,_OOES HOT, 7 OUST IN VICINITY Of TIORK TO BE PERFORMED. (1) Alternate Bids: Ductile Iron, Steel or Steel Cvlind.. r ..,....,. FT. 443.3111 ., R 10•A7 FT. B NItr01 EXHIBIT 11 .•Ai 4.37341,W flT -*on um I AI. AA GEORGETOWN RAILROAD COMPANY 1.44 �i. PI '7., 8 E ENCASED WATE INE CRoss NG AT .GE ETW L O WILL TEXAS 3411333 ■ V.nr. IHUn,1 - 40R CITY OF ROUND ROCK pnA RR P ILE 440.E .. 60 bATE�_ Y 20 � ■ AA R 13 ALL 9334319130, 41 F, MAANICATINN /0443714447 we AA 5031e 414 3 41 AC o Off AN Y 9 33 i0 °ntr 34 I•TANc1 ay .441[ 1 1 -0 54Not f PIPELINE LICENSE AGREEMENT W I T N E S S E T H: 4,3 LJafer 6,4e- 7e.-&f " PL4 149 This Pipeline License Agreement (the "License ") is made and entered into effective the date last executed herein be- low, by and between Georgetown Railroad Company, a Texas cor- poration ( "GRR "), as licensor, and the City of Round Rock, Texas ( "Round Rock "), as licensee. WHEREAS, the City of Round Rock desires to construct a twenty -four (24) inch pipeline, with a thirty -six (36) inch incasement, for the transportation of water (the "Pipeline "), which Pipeline will cross under the tracks of GRR; and WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and maintain the Pipeline; NOW THEREFORE, the parties hereby agree as follows: Article I License Granted; Term; Consideration For and in consideration of the mutual covenants and contracts herein contained, GRR hereby grants to Round Rock PIPELINE LICENSE AGREEMENT RAW WATER 'LINE @ TREATMENT PLANT a license to construct and maintain the Pipeline to cross under GRR's main line track and side track, 2,452 feet north of Mile Post No. 5 and 61 feet south of the former common boundary line between Texas Crushed Stone Company and Westinghouse Electric Corporation, Williamson County, Texas and further described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, on the terms and conditions described herein - below. This License shall be effective from and after the date fully executed, and shall terminate at such time as the Pipeline is no longer used by the City of Round Rock for the use provided hereinabove. In consideration of the granting of this License by GRR, Round Rock agrees to pay to GRR, immediately upon execution hereof, the sum of fifty dollars ($50.00). Article II Pipeline Location The Pipeline shall be located as described in Article I hereof. The Pipeline, when installed by Licensee, shall be installed so that the upper surface of the pipe is at least four and one -half (41) feet below the bottom of the rail thereover, or at such lower depth which may be necessary to provide adequate support for the rail. Installation shall be made in conformity with the engineer- ing profile contained in Exhibit "A" hereto. -2- Article III Responsibilities of Round Rock 3.1. Installation and Maintenance• Removal of Pipe Round Rock shall install or cause to be installed the Pipeline at the location provided in Article I hereinabove. The Pipeline shall be installed safely and in a good workman- like manner, and during the construction, Round Rock or its contractor involved in the construction shall secure a policy of Owner's and Contractor's Protective Liability Insurance with limits of liability of at least $2,000,000.00, naming GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the Pipeline. During the term of the License, Round Rock agrees that it will properly. maintain the Pipeline and will take any and all actions and expend any and all funds which may be required to maintain the Pipeline. Round Rock further agrees that the construction, maintenance, and operation of the Pipeline will comply with all applicable State, Federal and local laws, rules or regula- tions, and upon any notification by any person that the Pipeline is not in compliance with such laws, rules and regulations, Round Rock agrees to take prompt action to bring the Pipeline into such pompliance. In the event that Round Rock fails to . properly maintain the Pipeline or to take any action required 3.2. Indemnification and Hold Harmless -4- to bring the Pipeline into conformance with all applicable laws, rules or regulations, the GRR, after 10 days notice to Round Rock, may take any such action as may be reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable laws, rules and regulations, and Round Rock agrees that in the event GRR takes such action, Round Rock shall, with twenty (20) days, reimburse GRR for the actual cost of labor performed by or on behalf of GRR, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health . and welfare benefit payments applicable to such labor, GRR's cost price of all materials f.o.b. GRR's rails plus 10% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Upon termination of this License, Round Rock shall take prompt action to remove the pipe and all associated materials and re- pair any damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by Round Rock with- out any demand from GRR, but shall in any event commence within thirty (30) days after termination of this License and written demand for removal being made by GRR. During the term of this License, Round Rock. agrees to indemnify GRR and hold it harmless from any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties, from the operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its employees or agents. The loss or damage for which Round Rock shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the Pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) GRR employees or agents, (ii) Round Rock employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the Pipeline or the inter- ruption of Pipeline service, caused by negligence of Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Article IV Representations and Warranties of Round Rock Round Rock hereby represents and warrants to GRR that the construction, operation and maintenance of the Pipeline have been property approved by the City of Round Rock, and that - 5 - Round Rock has been authorized by resolution, or if required by its Charter, by ordinance, to enter into this Pipeline License Agreement, that the resolution or ordinance has not been repealed and is in effect at the date of execution hereof, and that this License Agreement is enforceable against Round Rock in accordance with its terms. Round Rock further warrants and represents that the city officer executing this License has been duly authorized to execute the same on behalf of, and as the act and deed of,'the City of Round Rock., Article V Assignment The License hereby granted by GRR to Round' Rock is personal to the grantee hereof, and Round Rock shall have no right to assign this.License without the express prior written consent of GRR. GRR's rights hereunder shall be freely assignable. -6- Article VI Notice Any notice required or permitted hereunder shall be per- sonally delivered or sent by registered or certified mail, re- turn receipt requested to the addressee at the address listed below, and such notice shall be effective on the date of de- livery, or date of mailing. Round Rock City of Round Rock 221 East Main Street Round Rock, Texas 78664 EXECUTED on the date indicated below: City of Round Rock ATTEST: BY: (Date) (Title) (City Seal) ATTEST: BY: (Date) (Title) (Seal) Georgetown Railroad Company -7- Georgetown Railroad Company P.C. Box 529 Georgetown, Texas 78627 Georgetown Railroad Company President ACE ARM! INDICATING NORTH icTION RELA7lVE TO CROSSING NOTES 38 FT 7S9<lllBP fIMSL 0IJE7 /1 1 S[T 1•01, S1 101/744474 M7440 111.4 lR0l *071)711 LINS CA07)7141 •7 LOCAT1645 MOT 1.151.0 12C710o., PR'S NI 70 A LEGAL 14J44t71 Lt142 IS soinkft) )17AIC0 RI1L AIS7 1144 4I 4 41. NO SCAT r • l/ 11. 4r7 , FT. 73 rT. CASING LDK111 SS4SP PUN A* mom 11F7L114.1 WORK TO NE PERFORLED. • Georgetown Railroad Crossing. Sta. 23 +35 t1- U. P. LOI.AL714CAT10N DEPARTMENT U2D HAS 1 ETERMINED FIBER APPLICATION FOR ENCASED NON - FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS )1ST BE FILLED IN 1D EXPEDITE TN19 APPLICATION, 0 • M'1 An 900c7. ,y 1171 Holy 1 1 0 f, T. , NET - Sr -- /T35,5147 I P / 1 4 v7, 11 38 AT (1) IMSCAIEE 1)11,, 911177 ISIS 11371 II Georgetown Railroad Westinghouse Road w: II 25.47 C YrrAIL I1 ALL HORIZONTAL DISTANCES TO DE MATURED AT R10HT ANOLIS 1104 OF TRACK, EKCIPT AS NOTED. 01 CASINO 70 IKIENO 11E71:410 THE CYJ4TERLnK OF TRACK AT Mom A4*L THE alEATER OF S0 11 O• FT., OR AHD 0G"004.0 L I4L T CW M)540A0 4I0117.w..1147 IF.HICISSARY 70 PRCV IOC PROPER LINOTN 007110E OF TRACK, 7) 47)NIM.OA OF 50' 44011 144E 1443 OF ANY RAILROAD IRIOOC• ! Of ANY CULVERT, OR FROD ANT SRITCN)NO AREA. 41 SIGNAL REPRRIEN7ATIVE W42 !E PRESENT OLRINC INSTALLATION It RAILROAD SIGNALS ARE IN 705 lictoll S) 05 L0+1+btk I L7hg 097SOTS INCLUOEI RACKS'ALLS OF 47104ES; I OF ROAD CR01SIN01 OVIRNE.O VIADUCTS 40)0 A) IS PIPELINE CROSSING WITHII4 AEDICATED STREET 9YESI X Nn; I)) IF YES, •1iA41O OF STREET / /AA C) OISTRIDUTION LINE oR TRANSMISSION L1HE A 0) CARRIER PIPE t CDMAODITY TO Of coNVEYED Raw Water OPERATING PRE$SL)R } _,P5) WALL. THICKNESS ff .7014UE75n 24 ; w7715)AL E) CASINO FIRE) 5 $„ MALL THICKNESS / ;DIAMETER 36D. 4A7ERIAL steel NOTEI CAS740 AUOT HAYS 2' CLEARANCE • BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASINO PIPE. WREN PURNLLHINO b)UENSIONs, 0141E 0U75)DE OF CARRIER PIPE AND INSIDE OF CASINO PIPE, F) METHOD OF INSTALLING CASING PIPE UNDER TRACKISII •A DRY BORE ANO JACK IWEY BORE NOT PERmITTEDt( TUNNEL i OTHER Cr WILL CONSTRUCTION DE BY AN OUTSIDE CONTRACTOR? _TES; NI DISTANIO: FROU CENTER LINE Of TRACK TO HEAR FACE OF 5OR IJ{ Q RIND JACKING PITS tr44EN 4EASURED AT RIGHT ANGLES TO TRACK 25. , U APPLICANT HAS CONTACTED W K7 OPTIC CARLE „ D OES ;.DOES NOT 1 4X137 IN VICINITY OF (1) Alternate Bids: Ductile Iron, Steel or Steel Cylinder Concrete PT, FORM DP- 0404 -B REV. OS -01 -qo STEEL CASING WALL THICKNESS GRANT TNT I^V3 �._sAa�T`1144' 44 . CEOO' 11,1 Ir OS LESS 2• 114. OYUI Ir - 3 ) TI 5C" I 0 Z2. -z7' k- 1771• T/II- o 011.11 oz`-a, .5000• 1 /z' OYpI IS' -74• SSW 7/11. 44VEIL 51 - -4r .1260- S /A. 0 A¢+ HN OVER 4• SUIT RI APPROVED IT K.14 CO. NOT70 14011 QUIRT TS ONLY PIPES 1 ) TN 0 L 5700.14G14 04 35, 060 PA). FoNAJLA TO FIGURE ) CA1IN4 LEN0TH 1174 ANGLE 00 CNOk01NO OTHER THAN 10. 6 M7 10 PT., t. A>? Y IN. 01 $T, wtt a, TY OF CROSS Inc. E ROAD NAJ{), CO it OF CLLYERTS. ,r r, EXfII - IT rin it nI, r. w 5M T•N GEORGETOWN RAILROAD COMPANY 11 .+r1 , 15I.,i M. P, E 5 _ ENCASED WATERLINE CROSSING AT FELD WILLIAMSON TEXAS iNW,{At • 0.11•■ FOR CITY OF ROUND ROCK M. RR FILE NO E 2 51.606 AT E MAY 20 • A R N 1 N 1R ALL 0 't1316.0. LL f oR.S.LNICATINIS WNMNI 414 Y 19N7.CIto IN 4114004 OF AN, waL ro o[T O.11K 14700, Ay 1.63Ar•r0 A, TUNS 0110 1* L ',OK 1 1-{(¢11-111) CHARLES R. TURNER PRESIDENT & CHIEF EXECUTIVE OFFICER GEORGETOWN RAILROAD COMPANY 5300 SOUTH IH -35 POST OFFICE BOX 529 GEORGETOWN, TEXAS 78627 -0529 512-863-2538 FAX 512-869 -2649 May.,22, 1995 File: E- 430.2910 TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: Owner(s) We hereby certify, under oath, that: See Exhibits "A -1" - "A -2" - "A -3" 1. WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND • and as evidence thereof we have attached as Exhibit "B -1" and "B -2" a true and current copy of the Deeds whereby we acquired said property, and 2. the above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by this day of , 1995, A.D. Notary Public, State of Texas VOLUNTARY ANNEXATION PETITION - 15 ft. STRIP FIELD NOTES FOR A FIFTEEN FOOT (15') PUBLIC UTILITY EASEMENT • FIELD NOTES describing e fifteen foot (15') wide permanent easement and a. temporary construction easement of fifty feet (50').wide for the purpose of the construction and maintenance of public utilities acrbsa those tracts conveyed. to the Georgetown Railroad. Company found of record in Volume 800, Page 630, of the Deed Records of Williamson County, Texas;- of s feet West t to the Southwest co 2' , 15.00 feet to the Northwest corner hereo of—way line of said F.M. 1431; CE N87 ° 54'06 "E, 15,00 feet along said South right — — way line to the Point of Beginning of this described Part One containing 225 square feet•of land; PART ONE BEGINNING at the intersection point of the West right — way line of t De. ;etown Railroad sixty foot (60') right —of —way and the South righ — — way line of . 1431 as conveyed to the State of Texas, recorded in ' ume 1112, Page 490, :.41 Deed Records, said point being the new ._ east corner of that tract describe TRACT IA conveyed to said Geor;- .wn Railroad Company; THENCE SOO °52'57 "E, 15.00 Southeast corner hereof; THENCE S87 °54'06"W, 15.00 MINCE N00 °5 South ri ONSTRUCTION EASEMENT lon 8 a9 EXIiIBFT PAGE 1 OF 2 APRIL 23, .1986 103 799 - 23 right —of —way line to the' r hereof; d being in the PART TWO BEGI?T'ING at the point of intersection of the aforesaid South right —of —way of F.H. 1431 and the East right — of —way line of the aforesaid Georgetown Railroad sixty foot (60') vide right —of —way for the Northwest corner hereof and being in the West line of that tract conveyed to the Georgetown Railroad Company described as TRACT IIA in the aforesaid Deed Records; THENCE easterly the following four (4) courses along the South right —of —way of F.H. 1431: 1) N87 ° 54'06 "E, 404.5 feet to a 30d nail found by a fence post; 2) N80 ° 18'40 "E, 302.68 feet to a 30d nail found by a fence poet; 3) N87 °55'34 "E, 600.12 feet to a nail set by a fence corner post; 4) S50 °30'14 "E, 538.53 feet to a concrete right —of —way marker at the intersection point of said South right —of -way and the West right -of —way line of I14 35; THENCE 56.27 feet along the arc of a curve to the'right in said West right — of—way line the sub —chord bearing and distance hereof being S35 ° 02'04 "E, 56.24 feet to the Southeast corner hereof; • THENCE westerly along the South line hereof the following our (4) courses: 1) N50 °30'14 "W, 587.04 feet; 2) 587 °55'34 "W, 593.43 feet; 3) S80 °18'40 "W, 302.68 feet; 4) S87 ° 54'06"W, 405.82 feet to the Southwest corner hereof and being in the aforesaid Georgetown Railroad sixty foot (60') right —of —way line; THENCE N0O ° 52'57 "W, 15.00 feet along said right —of —way line to the POINT OF BEGINNING of this described. Part Two containing 28,039 square feet of land. A temporary construction easement i -. - --..m11111.0') in width shall exist 50.0 feet southerly of a to the South right —of —way li F.M. 1431 as • sho attached easement sketch. b(HIBI1 "A -.2 PEE .Z oF2 SKETCH TO ACCOMPANY FIELD NOTES /,iTE,Ps /Y1 2 ' 3 s o• e• sc.zt ro /! w :jti) p hl 4 t , w Me.� ... u...‘ ;^ va." r 2 \ 73 FOR AN EASEMENT Je:AIf: /'_ /00• i ED I , P.9 /L,PD,'o GD' ,P. D. �./.\ \ /A/Y OF el r / a a. ' is ir..r / d• .7.-FT / — • : •- 1 r3 Y?. / j sc'rf.qe eouf fA1CHC,l/Y & HI rT -"I • ", Page 2 of 2 C'x rt (BST "iq i2', P.4 *E 2 or / / 3 / >; / / // ) / / / 1 g 4j / / D i /d/ � / C >UE T.9BC .o/• TA.dCE / t/ rD0'sz'1-7'E s. l {✓ /j E /5.00 q h 11.1 °u a I I O I ( • o \-, I I V 4 61-e o l'; o I • t • " o . 5 d 4/9/C SET 67 PE.UCE POfT � D q Il [ pF, i, I • 3d ;!/A /C F0/4(40 -OP' FC,UIcr A'0.?/- nl� l . V !+/C tJA7E,P C / ,UE wl 1I I ■ CD.C,PETE .P /6NT / - .4/.4 7 ,ya.PXE,P o cll I '1 IIi 1 7_PAC7 J A GED,PCErol,/, / ,P,Q /',Pa,go CD. l a rec 102 PGG.T0 0 e■NC ��� 9 GON SULTINO ENOINEER9 rlAUr/i /Jr /oL ra. r�HOa��w 1106 South Way, / /.vJ�.r dr Y,c✓ l.trf�r l.,/r , _ Round flock, T.xot 76684 (512) 255 -7861 Haynie & Kadlrna Inc. ) STATE of 1'E KX15 /1iz/ lam / 7 RR Rao /430 90 s . FT 14j -J Iola Sc -.Atc� E X 1-11 31 � j 2.1' PAGE 1 o f Pi )'/3 STff! nF T X AS 1 /!Z /y9 15 C aoR6 7 »J FR. goo/430 SK PRape)� - IJ 4muEx,i- 7o,,,y 7n _ C 1 ! Y bF HoonJ b &aC� �3 Y 67E49,Gt T©Wt.I 17 4 /c -Ro ,91J C. l?R 22., 1995 ;fl1.1671rAu 590 EXHIBIT "A" PAGE I 4 FIELD NOTES FOR A 4.516 ACRE WATER LINE EASEMENT Field notes describing a 4.516 acre tract of land in the Ephraim Evans Survey, Abstract No. 2I2, in Williamson County, Texas and being a part of n 864.39 acre tract of Iand conveyed to Georgetown Railroad Company, Inc. 7 Weed recorded in Volume 880, Page 630 of the Deed Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on the South line of R. N. /1431, in the Northeast corner of a 474.91 acre tract of land conveyed to Hy-Land North Joint Venture by deed recorded in Volume 639, Page 693 of the above mentioned "Deed Records; and in the Northwest corner of the said 864.39 acre tract for the Northwest corner of this easement. THENCE N 71 07' 17" E with the South Iine of the said R. N. 11431 488.99 feet to the PC of a curve to the right, the said curve having a central angle of 06 24' 48' and a radius of 5629.58 feet. THENCE with the arc of the said curve 630.14 feet the long chord of which hears N 74° 31' 11" E 629.81.feet to the PT of the said curve. THENCE N 77° 43' 14" 1? 7506.93 feet to the PC of a curve to the right, the said curve having a central angle of 06 00' 50" and a radius of 5629.58 feet. THENCE with the nrc of the said curve 590.90 feet the long chord of which bears N 80 44' 14" T•, 590.63 feet to the PT of the said curve. THENCE .S 87° 00' 46" E 296.39 feet'to the PC of a curve to the right, the said curve having a central angle of 02° 11' 03" and a radius of 5589.63 feet. THENCE with the arc of the said curve 213.08 feet the long chord of which bears rV 87° 50' 14" E 213.07 feet to the PT of the said curve. THENCE N 88 55' 14" E 116.49 feet to the intersection of the South • line of R. N. H1431 and the West right-of-way line of the Georgetown Railroad for the Northeast corner of this easement. THENCE .S 00 14' 09" L;' with the (Jest right -of -way line pf the Georgetown Railroad 20.00 feet to the Southeast corner of this easement. THENCE S 88° 55' 14" I4 116.20 feet to the PC of a curve to the left, the said curve having a central angle of 02° 11' 03" and a radius of 5569.63 feet. THENCE with the nrc of the said curve 212.32 feet the long chord of which hears S 87 50' 14" W 212.31 feet to the PT of the said curve. THENCE N 86 59' 07" W 295.35 feet to the PC of a curve to the left the said curve having a central angle of 06° 00' 50" and n radius of 5609.58 feet. THENCE with the arc of the said curve 588.80 feet the long chord of which hears S 80° 44' 14" W 588.53 feet to the PT of the said curve. EXH(61T '4 -3 P��c 1 DF THENCE .S 77° 43' 14" IV 7506.93 feet to the PC of a curve to the left, the said curve having; o central angle of 06 24' 48" and e radius of 5609.58 feet. THENCE with the arc of the said curve 627.90 feet the long chord of which bears .S 74° 31' 11" fir' 627.57 feet to the PT of the said curve. THENCE 5 71° 07' 17" IV 488.51 feet to a point on the East line of the said 474.91 acre tract and the West line of the said 864.39 acre tract for the Southwest corner of this easement. THENCE N 20° 04' 45" W with the East line of the said '474.91 acre tract .nnrl the. (Vest line of the said 864.39 acre tract 20.00 feet to the POINT OF BEGINNING contalning•4.516 acres of land, more or less. AND 1621 - >,r E 591 F,xllrniT "A" PAGE 2 OF 4 FIELD NOTES FOR A THIRTY (30') F00T WI.08 TEMPORARY CONSTRUCTION EASEMENT Field notes de ribinga 9.769 acre tract of land in the F.hraim Evans Survey, Abstrac. No. 212, in Williamson County, Texas and eing a port of a 864.39 acre trac of land conveyed to Georgetown Railr .d Company, Inc. by deed recorded in olume 880, Page 630 of the Deed Rr ords of Williamson County, Texas, being n thirty (30') wide strip of to lying South of and adjacent to the South 'ne of the above described asement and being morn particu.Inrly described by •etes and bounds as fo oi,•s: BEGINNING at a point on the Eas line of t . said 474.9I acre tract, the (Vest Iine of the said 864.39 a e tra , and in the Southwest corner of the above described easement for th- No thwe_st corner of this tract. THENCE .N 71 07' 17" E with the Sour 1 e of the above described easement 488.5I feet to the. PC of a curve to e right the said curve having n central angle of 06 24' 48" any a radius o 5609.58 feet. THENCE with the arc of the said curve 627.90 fe: the long chord of which bears N 74° 31' 11" E 627 7 feet to the PT of the said curve. THENCE N 77° 43' 14" 7506.93 feet to the PC of a rve to the right the said curve having a central angle of 06 00' 50" and a adius of 5609.58 feet. Tl1ENCE with re me of the said curve 588.80 feet the long nrd nf.which bears N 80° 44' 1'4" E 588.53 feet to the PT of the said curve. THENCE 86° 59' n7" E 295.35 feet to the PC of a curve to the ri the said curve having a central angle of 02° 11 03" and a rndiu.s of 5 9.63 fee 'HENCE with the arc of the said curve 212.32 feet the long chord of which (rears N 87° 50' 14" E 212.31 feet to the P7' of the said curve. E X H (f3 / i "A -3 I'AG a. o F `�' vol. 162177 592 THENCE. .v said curve feet. EXHIBIT "A" PAGE 3 OF 4 THENCE N 83 55' 14" E 116.20 feet. to . a point. on the.L'est right of -wn line of the Georgetown Railroad, in the Southeast corner of the al-ve r- scribed easement for the Northeast corner of this eosment. 771Rr1'C, 00° 14' 09" li with the Pest right -of -way .line of the Railroa 30.00 feet to the Southeast corner of this tract. T111 ?PCE; R 88 5' 14" 3" 115.76 feet to the PC of a curve to.'the said curve h, ing a central angle of 02 11' 03" and a radius feet. i THENCE with [he arc of�the said curve 211.18 feet/the long chord bears S 37° 50' 14" I✓ 21`].16 feet to the PT of the said curve. 86° 56' 38" lr 293.80 feet to the PC of a curve to the left the having a central ang`he of 06,":00' 50" and a radius of 5579.58 THENCE with the arc of the said e �ury 585.65 feet the long Chord of which hears S 80° 44' 14" W 585.38 fe� to the.PT of the said curve. THENCE 5 77° 43' 14" Ul 7506/92 feet to the ' of a curve to the left the said curve having a ce(ral angle of 06° 24''/" and a radius of 5579.58 feet. 7/168'CE with the aye of-the said curve 624.54 feet the 'I,ong chord of which beers S 74° 31 j11" hl 624.21 feet to the P7' of the said 'c_urve. THENCE ,? 7 07' 17" Ir 487.78 feet to a point on the Enst line of the said 474.91 a re tract and the lest line of the said 864.39 acre tra for the Southr�e'St corner of this tract. TNdNCG N 20 04' 45" h% with the East line of the said 474.91 acre t ct and the best Line of the said 864.39 acre tract 30.00 feet to the POINT IEI1CINN,I;VC containing 6.768 acres of land, more or less. I hereby certify that these notes were prepared from existing records, ei,rpplement,1 surveys, and computations made by Haynie Tallman and Cray, Inc., and are true and correct to the hest of my knowledge. IHAYl7IE WALL/IAN AND CRAY, INC. TII11OfHIY E. HAYNIE SU ;t Timothy E. llavni Registe ed Public Surveyor A'o. 2380 Date Job A'o. 382- 1706 -23 &XH /3( ''f? - 3 r ' �ftG E 3 01= orgetown left the of 5539.63 of which TOM c NELSON TRUSTEE #1 REM. 1437.45 AC. VOL. 571, PG. 446 SKETCH TO ACCOMPANY FIELD NOTES FOR A 4.516 ACRE WATER LINE EASEMENT IN THE EPHRAIM EVANS SURVEY, A -212, WILLIAMSON COUNTY, TEXAS POINT OF I - - BEGI1NIN6 HY -LAND NORTH . JOINT VENTURE REM. 474.91 AC. VOL. 639, PG. 693 4.516 AC. LINE TABLE N0. BEARING DISTANCE TI N71 07'17 "E 488.99 12 687:00'46 "E - 296.39 17 N80.55'14'E 116.49 18 50014'09'E 20.00 T9 688.55'14•9 616.20 710 1486.59'07'W 295.35 111 671'07'17'4 488.51 112 N20' 04 20.00 TEXAS CRUSHED STONE CO. 1375.555 AC. VOL. B80, PG. 638 • 7 43:14 iI GORGETDWN RAILROAD CO.. INC. 864.39 AC. VOL. 880.: PG. 630 2 6.769 AC.. CURVE TABLE N0. BEARING CHORD DELTA RADIUS LENGTH TAN C1 974,31'11 "E 629.81 6,24'48" 5629.50 630.14 315.40 C2 NBO 44'14 "E 590.63 6 5629.58 590.90 295.72 C3 U87,50'14'E 213.07 2'11'03" 5589.63 213.08 106.55 C7 587,50'1 212.31 2'11'03' - 5569.63 212.32 106.17 CB 500,44'1 588.53 6'00'50' 5609.58 588.80 294.67 C9 574 31 '11'9 627.57 6'24'48' .5609.50 627.90 314.28 • 0� SCALE: 1'.- 1000' / / EXHIBIT 'A' PAGE 4 OF 4 PROJECT N0: 382- 1706 - 23 'DESIGNED BY: RT FILE N0: 382 -1706 J1 IORANN BY: JF DATE JANJARY, 1987 I CHECKED BY: SCALE 1" - 1000' IREVISED BY: Haynie Kallnan 6 bray, Inc. Consulting Engineers Austin . Texas vm 880PAUt 630 THE STATE OF TEXAS COUNTY OF WILLIAMSON 6754 SPECIAL WARRANTY DEED § § KNOW ALL MEN BY THESE PRESENTS: § That WESTINGHOUSE ELECTRIC CORPORATION, a corporation organized and existing under the laws of the State of Pennsylvania, of the County of Allegheny and State of Pennsylvania for and in consideration of the sum of Ten and no /100 ($10.00) DOLLARS and other valuable consideration cash to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto GEORGETOWN RAILROAD COMPANY, INC. a Texas Corporation, of the County of Williamson and the State of Texas, all of that certain real property in Williamson County, Texas, more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular the rights and the appurtenances pertaining to the property, including any right, title or interest of grantor in and to adjacent streets, alleys or rights -of -way, together with any improvements, fixtures, and personal property situated on and attached to the property. This conveyance is made and accepted subject to the following matters: (1) Any and all restrictions, covenants, conditions, easements, rights -of -way, oil, gas and other mineral reservations, if any, relating to the hereinabove described property, that are valid, existing and properly of record in the office of the County Clerk of Williamson County, Texas. (2) Taxes for the year 1982 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. (3) The following unrecorded grazing and /or housing leases now in effect, as follows: (a) Lease between Grantor and Leon Behrens made on October 5, 1981, covering 544 acres. (b) Lease between Grantor and Alvin Braun made on October 15, - 1981 covering 1604 acres. (c) Lease between Grantor and Alvin Braun made on October 15, 1981, covering 1060.4964 acres. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto said grantee, its successors and assigns forever; and it does hereby bind itself and its successors, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under it, but not otherwise. EXH(61 i 3 -1 EXECUTED this 2 341. day of June, A.D. 1982 to take effect the 3 00_, day of , 1982. ATTEST: COUNTY OF ALLEGHENY STATE OF PENNSYLVANIA § § WESTINGHOUSE ELECTRIC CORPORATION By: 88OPAGE 631 esident • , Vice Mailing Address of Grantee: Georgetown Railroad Company, Inc.' P. 0. Box 529 Georgetown, Texas 78626 This instrument was acknowledged before me on this 20--day of JUO - , 1982, by VI S F )3no »7f_ , Vice President, of Westinghouse Electric Corporation, a Pennsylvania corporation, on behalf of said corporation. /` Notary P ublic, tate of Pennsylvania Notary's printed name: j60,n `L My commission expires AFTER RECORDING RETURN TO: Mr. Tom Curtis Clark, Thomas, Winters & Shapiro Texas Commerce Bank Building 12th Floor 700 Lavaca Austin, Texas 78701 VOL 83UP 63? Description of two tracts of land, being Tract IA consisting of 875.68 acres and Tract IIA consisting of 260.39 acres. EXHIBIT "A" Page 1 of 5 TRACT IA VOL OS°PAGE 633 Field notes describing 875.68 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas; said tract being a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 526.60 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767 and being more particularly described as follows: BEGINNING at an iron pin set for the southeast corner of the tract herein described, said southeast corner also being the southeast corner of the above said 526.60 acre tract conveyed to Westinghouse Electric Corporation, and in the west right -of -way line of the Georgetown Railroad; THENCE along the average line of a fence for the south line of the tract herein described the following courses; (1) South 85 54' 42" West a distance of 835.47 feet to an iron pin found; (2) South 69 28' 14" West a distance of 884.18 feet to a cedar post found; (3) South 75 10' 48" West a distance of 88.43 feet to a cedar post found; (4) South 68° 59' 10" West a distance of 2,355.65 feet to a creosote post found; (5) South 70 38' 31" West a distance of 119.60 feet to a creosote post found; (6) South 68° 46' 58" West a distance of 1,697.08 feet to an iron pin found; (7) South 77 49' 02" West a distance of 78.40 feet to an iron pin found; (8) South 68 02' 17" West a distance of 1,596.96 feet to an iron pin found; (9) South 69° 01' 04" West a distance of 1,080.90 feet to an iron pin set for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 20 58' 25" West a distance of 2,698.73 feet to an iron pin set; (2) North 67 45' 45" East a distance of 173.70 feet to an iron pin set; EXHIBIT "A" Page 2 of 5 VOL 8UVPAGE 634 (3) North 21° 00' 01" West a distance of 1,919.02 feet to a 30d nail found and replaced with an iron pin; for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses; (1) North 70° 15' 54" East a distance of 492.06 feet to a 30d nail found and replaced with an iron pin; (2) 652.77 feet along a curve to the right having a chord of 652.44 feet bearing North 73 32' 09" East and a radius of 5,829.58 feet to a nail in rock found; (3) North 76 44' 56" East a distance of 7,502.43 feet to a 30d nail found and replaced with an iron pin; (4) 613.26 feet along a curve to the right having a chord of 612.99 feet bearing North 79° 41' 43" East and a radius of 5,829.58 feet to a 30d nail found and replaced with an iron pin; (5) North 76° 48' 34" East a distance of 310.48 feet to a 30d nail found and replaced with an iron pin (6) 224.69 feet along a curve to the right having a chord of 224.68 feet bearing North 86° 46' 27" East and a radius of 5,869.58 feet to a 30d nail found and replaced with an iron pin; (7) North 87 57' 18" East a distance of 124.22 feet to a 30d nail found and replaced with an iron pin for the northeast corner of the tract herein described, said northeast corner also being in the west right -of- way of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of the Georgetown Railroad, the following courses (1) South 0° 43'47 " East a distance of 907.61 feet to a 30d nail in a railroad tie found; (2) South 0° 52' 37" East a distance of 2,847.16 feet to the Point of Beginning and containing 875.68 acres, more or less. I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes represent the results of an on- the- ground survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" Page 3 of 5 oks Ha e red Public Surveyor No. 2154 TRACT IIA EXHIBIT "A" Page 4 of 5 VOL 0SOPAGE 635 Field notes describing 260.39 acres of land in the Ephraim Evans League (Abstract 212) and the D. Curry Survey in Williamson County, Texas: Said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 537, page 93, and a portion of the 1,036.15 acre tract that was conveyed by deed dated July 23, 1571 from Lamoc Corporation to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 538, page 80, and all of the 88.23 acre tract that was conveyed by deed dated September 20, 1971 from Robert L. Bowers, Trustee, and Robert L. Bowers and Carl W. Burnette Individually to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 68, and all of the 27.65 acre tract that was conveyed by deed dated August 3, 1971 from Marvin H. Parker and wife, Ruth W. Parker to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 449, page 391, and all of the 17.93 acre tract that was conveyed by deed dated October 18, 1971 from Leon E. Behrens and wife, Onie D. Behrens to Westinghouse Electric Corporation and recorded in the Williamson County Deed Records in Volume 540, page 767, and being more particularly described as follows: BEGINNING at an iron pin found for the southeast corner of the tract herein described, said corner also being the southeast corner of the above said 88.23 acre tract conveyed to Westinghouse Electric Corporation, and in the west right - of -way line of Interstate Highway 35; THENCE along the south line of the tract herein described the following courses; (1) South 80° 46' 40" West a distance of 112.73 feet along a fence to an iron pin set; (2) North 20 14' 48" West a distance of 400.71 feet along a fence to an iron pin set; (3) South 85 53' 09" West a distance of 1,650.58 feet to an iron pin set for the southwest corner of the tract herein described, said southwest corner also being in the east right -of -way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right -of -way line of the Georgetown Railroad, North 0° 51' 14" West, a distance of 6,445.92 feet to an iron pin found for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described North 89 02' 16" East, a distance of 1,648.58 feet to an iron pin found for the northeast corner of the tract herein described, said northeast corner also being in the west right -of -way line of Interstate Highway 35; VOL 8SOP6E 636 THENCE along the east line of the tract herein described, said east line also being the west right -of -way line of Interstate Highway 35, the following courses; (1) 24.31 feet along a curve to the left having a chord of 24.30 feet bearing South 2° 04' East and a radius of 2,914.8 feet to a Texas Highway Department monument found; (2) South 2° 09' 30" East a distance of 855.64 feet to a Texas Highway Department monument found; (3) 597.76 feet along a curve to the left having a chord of 596.70 feet bearing South 8° 01' 07" East a radius of 2,914.8 feet to a Texas Highway Department monument found; (4) 381.42 feet along a curve to the right having a chord of 380.75 feet bearing South 8° 00' East and a radius of 1,859.9 feet to a Texas Highway Department monument found; (5) South 2° 12' 52" East a distance of 187.22 feet to a Texas Highway Department monument found; (6) 331.69 feet along a curve to the right having a chord of 326.16 feet bearing South 15° 59' 02" West and a radius of 523.0 feet to a Texas Highway Department monument found; (7) 968.37 feet along a curve to the left having a chord of 905.19 feet bearing South 1° 55' 53" East and a radius of 766.2 feet to a Texas Highway Department monument found; (8) 331.15 feet along a curve to the right having a chord of 325.65 feet bearing South 20° 13' 10" East and a radius of 523.0 feet to a Texas Highway Department monument found; (9) South 2° 05' 37" East a distance of 1,086.87 feet to a Texas Highway Department monument found; (10) South 2 04' 08" East a distance of 2,069.59 feet to the Point of Beginning and containing 260.39 acres of land, more or less. I, Jerry Brooks Hale, a REGISTEP,ED PUBLIC SURVEYOR, do.hereby certify that these field notes represent the results of an on- the-ground survey made under my direction on the 29th day of June, 1982. EXHIBIT "A" Page 5 of 5 rooks Hale ered Public Surveyor No. 2154 THE STATE OF TEXAS County of Williamson V(1L 880P &GE 637 I, James N. Boydston, Clerk of the County Court of said County, do hereby cer- tify that the foregoing instrument in writing, with its certificate of authentication, was filed for record in my office on the 1St day of July A D 19 8'2' at 4'; 05 o'clock P. M , and duly recorded this the 2nd day of July A D. 19 8 2 at 9 4 5 o'cloek k M , in the Deed Records of said County, in Vol R80 pp 6 WITNESS MY HAND and seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. Deputy JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON 5151 KNOW ALL MEN BY THESE PRESENTS: THAT MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) and other valuable consideration to it in hand paid by the GEORGETOWN RAILROAD COMPANY, INC., a corporation of the State of Texas, the receipt of which is hereby acknow- ledged, does by these presents BARGAIN, SELL, RELEASE AND FOREVER QUITCLAIM unto said GEORGETOWN RAILROAD COMPANY, INC., its successors and assigns, all its right, title and interest in and to the following described property, to -wit: That portion of the main track and right - of -way of what is known as the Georgetown Branch of the Missouri Pacific Railroad Company extend- ing northwardly from a point in the center line of main track in the David Curry Survey designa- ted as Railroad Mile Post 2, which point is marked by a rail in said center line of main track 1,310 feet north of the head block of switch leading to Superior Stone Products Company, and 517 feet south of the south end of the bridge over Ander- son Branch, measured along said center line, over and across part of said David Curry Survey, the Jacob M. Harrell Survey, the Ephrain Evans Survey, the John Powell Survey, the F. A. Hudson Survey, the L. J. Dykes Survey and C. Stubblefield Survey, approximately 7.97 miles to the end of the track in Georgetown, Williamson County, Texas, includ- ing but not limited to such lands and rights -of- way along and contiguous with the above described track lying northerly of said Mile Post 2, as were acquired by the predecessors in title to Missouri Pacific Railroad Company under the following in- struments, to -wit: Deed dated February 12, 1885, recorded in Book 3 at Pale 587 " September 9, 1879, " " " 22 /t 498 „ December 16, 1878, ” „ 22 497 " July 10 , 1880 35 May 24, 1882 �9 " 11 " II May 26, 1882 „ " " 29 " " 468 June 29, 1883 " " 31 " " 250 December 18, 1878 " " 22 " " 496 December 19, 1878 11 " 22 " " 493 „ December 19, 1878 " 22 " 491 December 23, 1878 " " 22 " 492 December 18, 1878 " 22 " " 494 December 31, 1896 " " 80 " " 213 October 3, 1879 " 22 " „ 574 „ August 5, 1879 „ " 22 " 583. 11 It December 17, 1875 I? " 22 " ' 4 September;L8, 1883 It " 32 " 2 March , 1884 34 81 " Septemberl0 1879 " " 22 " " 518 E X H1i3► ' Deed dated December 21, 1878, recorded in Book 22 at Page 490 December 18, 1878, " 22 487 December 19, 1878, " 22 " " 486 October 7, 1884, " 35 " " 134 December 10, 1878, 22 " " 485 November 12, 1885, " " 38 '1 " 191 December 18, 1878, " 22 " " 484 " November 18, 1878, " 22 " 483 January 31, 1879, " " 22 " " 481 January 25, 1 " 22 " " 479 January 25, 1879, " " 22 " " 478 July 19, 1883, " If " 31 It " 387 February 4, 1890, ` " 51 " " 284 Septemberl0, 1931, " 239 " " 472 Easement December 7, 1928, " 239 334 all in the Deed Records of Williamson County, Texas, together with all side and spur tracks connecting therewith, bridges, structures, and all other property of Grantor real, personal or mixed that may be located or placed on, beneath or above said premises; but save and excepting, however, tele- graph pole and wire line owned by the Western Union Company, and subject to (i) building lines, restrictions, conditions and easements, if any, (ii) zoning laws or ordinances affect- ing said property, if any, (iii) lawful encroachments, measure- ments or other facts which a correct survey would show, and (iv) general taxes for the calendar year 1959 and thereafter, and the special taxes assessed and becoming a lien after the date of this deed. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights, privileges and appurtenances thereto in any manner belonging, unto the said Georgetown Railroad Company, Inc., and its successors and assigns. This instrument is executed without warranty of title, express or implied. The Grantor certifies and warrants (a) that the property herein described constituted part of the property of the Grantor the operation of which was abandoned in the manner permitted by Section 7.03 of the Grantor's First Mortgage to The Boatmen's National Bank of St. Louis, Trustee, and the Grantor's General (Income) Mortgage to Manufacturers Trust Company and Charles - 2 - Herman, Trustees, each dated January 1, 1955, (b) that the Grantor has complied with all of the provisions of Section 7.03 of each of said Mortgages relating to the property herein described and (c) that pursuant to said Section 7.03 the property herein described is free and clear from the liens of said Mortgages. EXECUTED THIS the ; day of E)c rz f' 4 (e, , 1958. A 1S:TANTi Se;;ere STATE OF MISSOURI CITY OF ST. LOUIS )) BEFORE ME, the undersigned authority, on this day per- sonally appeared N• M. ToHNSON , known to me to be the person whose name is subscribed to the foregoing instrument asexsc.vicepresident of Missouri Pacific Railroad Company, a corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN under my hand and seal of office this 9 day.. o w amt . „ 1958. n a T ,� ' o'aommiSs3on ca— xpires: 3,,,,.., T flat„ S S. MISSOURI PACIFIC RAILROAD COMPANY By Notary Public 3 - THE STATE 01' TEXAS County of Williamson } I, Dick Cervenka, Clerk of the County Court of said County, do hereby certify that the foregoing instrument in writing with its certificate of authentication, was filed for for record in my office on the l u day of ��1 an J A D 195_, at�`.121l I and duly recorded this the ` ay of I ! ICVO A D 195 , a oU 'ciock_ M., in the Records of said County, in Vol. pp ( 1 9 WITNESS MY HAND and Seal of the County Court of said County, at office in Georgetown, Texas, the date last above Written. —524 LP 6 6-- ka - c_i 7leputy. DICK CERVENKA, Clerk, County Court, Williamson County, Texas,