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R-96-10-10-14E - 10/10/1996ATTEST: WHEREAS, On July 12, 1996, the City of Round Rock, ( "City ") entered into that one certain Agreement for Acquisition of Wastewater System Assets ( "Acquisition Agreement ")with the Lower Colorado River Authority ( "LCRA "), and WHEREAS, under the terms of said Acquisition Agreement, the City agreed to sell and the LCRA agreed to purchase certain wastewater system assets, and WHEREAS, said wastewater system assets are contemplated to be conveyed to the LCRA in multiple closings over the next several weeks or months, and WHEREAS, the City Council wishes to authorize the Mayor to execute any and all documents necessary to convey the wastewater system assets as contemplated by the Acquisition Agreement, 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 any and all documents necessary to convey the wastewater system assets to the LCRA as contemplated by the Acquisition Agreement. RESOLVED this the 10th day of Octgber, 1996. R: WPM/CS \RRSOLOTI \RS61010R.WPD /ccg RESOLUTION NO. R- 96- 10- 10 -14E LAND, City Secretary CHARLES CULPEF1PER, Mayor City of Round Rock, Texas DATE: October 8, 1996 SUBJECT: City Council Meeting, October 10, 1996 ITEM: 14.E Consider a resolution authorizing the Mayor to execute any and all documents necessary to convey a portion of the City's wastewater treatment system to the Lower Colorado River Authority. STAFF RESOURCE PERSON: Jim Nuse, David Kautz and /or Steve Sheets STAFF RECOMMENDATION: Approval of the resolution On July 12, 1996, the City and the LCRA entered into an Agreement for Acquisition of Wastewater System Assets whereby the City agreed to convey certain wastewater system assets to the LCRA. The conveyance of the assets will occur in multiple closings over the next several weeks or months. This resolution authorizes the Mayor to execute all closing documents necessary to convey the assets as contemplated by the Acquisition Agreement. C:\ WPPOCS \ACITY \BLUESBEE \E51010E.EPD /s1s Dear Mr. Freeman: DS:drs Enclosure cc: Mr. Joseph J. Beal VElr. Bob Bennett Mr. Stephen Sheets RECEIVED AUG 2 31996 g eorcjetown CJ itle Company, Stnc. 702 e. oeC OFTlLE Jn. O. Box 689 gcos9cloam, grans 78627 AREA 000E 612 GEORGETOWN 863 -5501 AUSTIN 255.5863 FAX 869.0999 / 869.1255 Mr. Ronald J. Freeman 301 Congress Avenue, Suite 1400 Austin, Texas 78701 August 21, 1996 We are enclosing the title commitment on the above referenced property which is the remainder of the "East Plant ". Document copies are also enclosed. If I can be of further assistance, please do not hesitate to contact me. Re: City of Round Rock to Lower Colorado River Authority 1.935 acres of land out of the Joseph Marshall Survey, Abstract 409, Williamson County Texas Sincerely, Donna Shirey Escrow Officer Reliable land title Information for Williamson County since 1893 77/7 SV. sY(oys a Box 835 cRcwd cRocr, Drxos 78680 AREA 00DE 612 ROUND ROCK 2554839 FAX 2449139 585 901.1.1.93 THE FOLLOWINO COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY • Authorized Signs% the Board Chairman o Countersigned by: , .t STEWART TITLE GUARANTY COMPANY' 7� We, STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the and described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. In witness whereof, the Company has caused this corrlmitment,to be signed and sealed as of the effective date of commitment as shown in Schedule A,;�the commitment to become valid and binding only when countersigned by an authorized signatory., �dtt:x STEWART TITLE GUARANTY COMPANY .ea Illy of r ouba, , President The Arbitration provision in the Policy is as follows: DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to renuire arbitration if the amount of insurance is $1,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL, BE arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from acorporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. SIGNATURE DATE FORM: Commitment for Title Insurance STEWART TITLE GUARANTY COMPANY Commitment No. GF No. or File No. GF 96033644 CO 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) Not applicable for improved one - to-four family residential real estate) Policy Amount:$ SUBJECT TO APPROVAL PROPOSED INSURED: LOWER COLORADO RIVER AUTHORITY (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE — ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 RI Policy Amount $ PROPOSED INSURED: Binder Amount: $ PROPOSED INSURED: Proposed Borrower: (e) OTHER Policy Amount: $ PROPOSED INSURED Issued' 2. The interest in the land covered by this Commitment is FEE SIMPLE SCHEDULE A Effective Date of Commitment. (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: $ PROPOSED INSURED Proposed Borrower: 3 Record title to the land on the Effective Date appears to be vested im CITY OF ROUND ROCK August 09 19 96 August 21 19 96 (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) 5 5 o'clock Pm 5 o'clock Pm 4. Legal description of land: 1.935 acres of land, more or less, out of the JOSEPH MARSHALL SURVEY, Abstract No. 409 in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. NOTE: The Company does not represent that the above acreage or square footage calculations are correct. MK mav, 1PH71 Pao 2 STEWA RT TITLE GUARANTY COMPANY Commitment No. SCHEDULE B GF 96033644 CO 5853 (rev 1/1/931 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attor- ney's fees, and expenses resulting from: j:1\. R p ' R R t gg �' R k R xr WW CR'x Rftok 'R5(ic `k'R 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of Improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 19 and subsequent year, and subsequent, taxes and assessments by any taxing authority for prior years due to change in land usage or ownership 6. The terms and conditions of the documents creating your Interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence to us before a binder is Issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy only.) 9. The following matters and all terms of the document creating or offering evidence of the matters (We must insert matters or delete this exception.): 10. Easement to Texas Power & Light Co. dated July 1, 1940, referred to in deed dated November 3, 1943, from Bankers Life Company to H. N. Delancey, reocrded in volume 320, Page 53, Deed Records, Williamson County, Texas. (easement was not found of record) 11. Easement dated August 12, 1985, granted by Clarence Telander and Arnold Telander to City of Round Rock, as described in instrument recorded in Volume 1235, Page 632, Official Records, Williamson County, Texas. (if still effective) Pape3 GUARANTY COMPANY 12. Electric supply and communications lines easement dated February 8, 1996, granted by City of Round Rock to Texas Utilities Electric Company, as described in instrument recorded Con l.inued on next page STEWART TITLE GF 96033644 CO Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule g 13. Lack of a right of access to and from the land. Insuring Provision No. 4 of the Owner's Title Policy will be deleted. 14. Rights of parties in possession. 15. Visible and apparent easements, if any NOTE: If the Company is furnished a satisfactory current survey (and is paid the required premium where applicable) to amend its "area and boundary" exception, Company may except to encroachments and other matters reflected by the survey. If Company's requirements and guidelines are met, Company may add the following after the description of those encroachments that are acceptable risks: Company insures the insured against loss, if any, sustained by the insured under the terms of this policy by reason of a final, non - appealable judgment of a court of competent jurisdiction that orders the removal of this improvement because it encroaches over or into (describe applicable building line or easement). Company agrees to provide defense to the insured in accordance with the terms of this policy if suit is brought against the insured to require the removal of this improvement because it encroaches as herein stated. Page under Document No. 9611626, Official Records, Williamson County, Texas. STEWART TITLE 203A GUARANTY t'OMI'A Nl Commitment No.: SCHEDULE C Gf 96033644 C0 Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following require- ments that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued' 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialman's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. We must be furnished a waiver as to the "rights of parties in possession" exception. 6. The purchaser must satisfy itself that they have or can obtain from the railroad the crossing rights needed for the proposed use of this property. 5854(8581/I/931 c T1 r, TV rnw1' '0" 8. We require proper evidence of power and approval of this sale by The City of Round Rock. 7. We should be reimbursed for the tax research fee as indicated on the tax report upon closing OR cancellation of this file. Tax information has been ordered and will be forwarded upon receipt of same. 9. Since this property is located in the Brushy Creek Water Control and Improvement District No. 1, we must be furnished the Notice to Purchaser as required by Section 49.452 of the Texas Water Code. This notice must be given to the purchaser prior to the final closing of the proposed transaction. STEWART TITLE Policy Commitment No C -5804- GF 96033644 CO SCHEDULE D The Information contained in this Schedule (0) does not affect title to or the lien upon the land described in Schedule A hereof, to be Insured in any policy(ies) of title Insurance to be Issued In accordance with this Commitment. As to Stewart Title Guaranty Company, the Underwriter herein, the following disclosures are made: A -1. Shareholders owning, controlling or holding, either personally or beneficially, 10% or more of the lease Shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation - 100% A -2. The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Carlow Morris, Stewart Morris, Stewart Morris, Jr., Malcolm Morris, Max Crisp, C.M. Hudspeth, Eugene Mohler, Bruce Belin and Nita Hanks. A -3. The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: President: Malcolm S. Morris, Executive Vice President: Bert B. Corkin, Secretary: Sue M. Nolz, Treasurer. Ken Anderson, Jr Georgetown Title Co., Inc, As to (Title Insurance Agent), the following disclosures are made: B -1. Shareholders, owners, partners or other persons having, owning or controlling 1 %or more of Title Insurance Agent are as follows: Claude A. Hays, Jr. B -2. Shareholders, owners, partners, or other persons having, owning or controlling 10% or more of any entity that has, owns, or controls 1% or more of Title Insurance Agent are as follows: B -3. If Title Insurance Agent is a corporation, the following Is a Ilst of the members of the Board of Directors: Claude A. flays, Jr., Barbara A. Hays, and David S. Hays B -4. If Title Insurance Agent is a corporation, the following Is a list of its officers: Claude A. Hays, Jr., Barbara A. Hays, and David S. Hays C -1. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated* title premium Is: OwnerPoltcy $ TO BE DETERMINED Mortgagee Policy $ Endorsement Charges $ Total $ TO BE DETERMINED 19 01 this total amount $ 8 1 or % (complete one only) will be paid to Stewart Title Guaranty Company; $ or % (complete one only) will be retained by Title Insurance Agent; and any remainder of the estimated' premium will be paid to other parties as follows' Amount Paid to Services $ or % (complete only one) $ or % (complete only one) $ or % (complete only one) The estimated premium Is based upon Information furnished to us of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. STEWART TITLE 5855 REV.1031.92 r:irAn ANTY r'r1MPA UY • 1.935 acres of land, more or less, out of the JOSEPH MARSHALL SURVEY, Abstract No. 409 in Williamson County, Texas, and being more fully described by metes and bounds BEGINNING at a point in the North line of said Telander tract for the Northwest corner hereof and being 565 °30 "W, 1685.70 feet from the Northeast corner of said tract; TSE.ti= N65 °30'LT, fifty feet (50') southerly of and parallel to the center line of the I t G N Railroad tracks, 1374.88 feet to the Point of Curvature of a curve to the right; TEENCE 311.06 feet along the arc of said curve, having a radius of 250.0 feet and a sub -chord bearing and distance of S78 °51'15 "E, 291.38 feet to a point in the East line of said Telander tract for the Northeast corner hereof and also being in the West line of the remainder of that tract conveyed to William E. McCarthy, Jr. (dba Eddie" McCarthy) found of record in Volume 537, Page 166 of said Deed Records; =INCE 500 °56'40 "E, 92.17 feet along the common line between said Telander and McCarthy tracts to the Southeast corner hereof; TEENCE southeasterly 318.46 feet along the arc of a curve to the left, being fifty feet southerly of and parallel to the last described curved line, having a radius of 200.00 feet and a sub -chord bearing and distance of N68 °53'W, 285.87 feet to the Point of Tangency of said curve; T13:824CE S65 °30'W, 1374.88 feet to the Southwest corner hereof; TELIE2 iC N24 °30'W, 50.00 feet to the point of Beginning of this described easement containing 1.935 acres or 84,307 square feet of land. EXHIBIT " Z 777 468 023 IL GEORGETOWN TITLE CO., INC. P.O. Box 835 Round Rock, Texas 78680 TO: Mr. Bob Bennett 221 East Main Street Round Rock, Texas 78664 •-■•-- - st NOTICE nd NOTICE ETURN 1 0000 78054 Mr. Ronald J. Freeman 301 Congress Avenue, Suite 1400 Austin, Texas 78701 Enclosure cc: Mr. Joseph_J.._Beal CMr .'__ Bennett Mr. Stephan Sheets g eor3etown 702 06'04 Stud �. t9. fox 689 g orngdown, 1020. 78627 AREA CODE 512 GEORGETOWN 863.5501 AUSTIN 255.6863 FAX 858.0698 / 869.4255 Yours v truly, Donna Shirey Escrow Officer 4 7itfe Company, . nc. July 24, 1996 Rellablo land tllle Inlormatlon for Williamson County since 1893 RECEIVED JUL 2 61996 /7r79V dlnyn �.t�. Box 855 cRouni cRoo, gar 78680 AREA CODE 612 ROUND ROCK 265-5830 FAX 244 -9138 Dear Mr. Freeman: We are enclosing the title commitment on the above referenced property which is also known as the "East Plant ". Restrictions are also enclosed. The survey on the "West Plant" has been received. As you are aware, the search on this property is somewhat more complicated and, therefore, more time consuming. However, the work has begun on the commitment and we should be able to send it to you soon. We are looking forward to working with you in closing this transaction. Thank you. Re: City of Round Rock to Lower Colorado River Authority 31.372 Acres of Land out of the Joseph Marshall Survey, Abst. 409, Williamson County, Texas GF 96033432 585 Rev. 1.1.93 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMVANYr rr Mr 5•`3 We, STEWART TITLE GUARANTY COMPANY, will issue our'title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule. C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will Insure your interest in the land described in Schedule A. The estimated premium for our Policy "and applicable endorsements is shown on Schedule D. There may be additional charges such as recording feeg,'arid expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. , .. . In witness whereof, the Company has caused thid'comrhitment to be signed and sealed as of the effective date of commitment as sho,wn in Schedule A,t.the commitment to become valid and binding only when countersigned by an authorized signatory.•,, Chairman o the Board Countersigned y: Authodzed Signatory STEWART TITLE GUARANTY COMPANY _y 1909 !oi 'd,nNn• o/ (011,1111, President 0 CONDITIONS AND STIPULATIONS I. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. STEWART TITLE GUARANTY COMPANY • ARBITRATION is a common form of altemative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Comnany to reouire arbitration if the amount of insurance is $1,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless tttis arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured is an Individual person (as distinguished from acorporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attomey's fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the-Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. SIGNATURE DATE FORM: Commitment for Title Insurance DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) STEWART TITLE GUARANTY COMPANY Commitment No. GF No. or File No. GF 96/111497 C 1. The policy or policies to be issued are: Issued: SCHEDULE A (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one- to-four family residential real estate) Effective Date of Commitment: July 02 19 96 5 o'clock pm Policy Amount:$ 557,000.00 • PROPOSED INSURED: LOWER COLORADO RIVER AUTHORITY (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE — ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R) Policy Amount: $ PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: $ PROPOSED INSURED Proposed Borrower: (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) Binder Amount:$ PROPOSED INSURED: Proposed Borrower: (e) OTHER Policy Amount: $ PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: FEE SIMPLE 3. Record title to the land on the Effective Date appears to be vested in: CITY OF ROUND ROCK J ul y 17 19 96 6 o'clock pm 4. Legal description of land: 31.372 acres of land, more or less, out of the JOSEPH MARSHALL SURVEY, Abstract No. 409, in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. NOTE: The Company does not represent that the above acreage or square footage calculations are correct. 5852 (Rev 1/1/931 Page 2 STEWART TITLE GUARANTY COMPANY Commitment No. SCHEDULE B _ GF 96033432 CB In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attor- ney's fees, and expenses resulting from: 2: Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 19 and subsequent year, and subsequent, taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. see below 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy only.) 9. The following matters and all terms of the document creating or offering evidence of the matters (We must insert matters or delete this exception.): 10. A full undivided one -half. (1/2) interest in the minerals in, on or under said land, including oil, gas, sulphur, coal, gravel, conglomerate, stone, uranium, metals, ores and other minerals of any and every kind, character or description on or on the surface of, in and under said land, and all rights incident thereto, as reserved in deed dated September 30, 1961, from Rebecca Y. Lawrence to W. E. McCarty and wife, recorded in Volume 504, Page 348,_Deed Records, Williamson County, Texas, as amended by instrument dated August 13, 1979, recorded in Volume 768, Page 654, Deed Records, Williamson County, Texas. Title to said reservation has not been examined subsequent to its date of execution. 11. Easement dated July 21, 1925, granted by T. E. Nelson et al to Continued on next page STEWART TITLE 5853 o-ev 1111931 EXCEPTIONS FROM COVERAGE 1 • RHONir)(Erggfi li NvA NSHfi4Pkc(i 71 )PRO NKW,P)( RMPR imisck§11fRif4R warYlixx ok Rx tEXId helFR9PANX Page3 GUARANTY COMPANY 203 A GF 96033432 CB Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule B Lone Star State Power Company, as described in instrument recorded in Volume 224, Page 380, Deed Records, Williamson County, Texas. 12. Easement dated March 22, 1937, granted by T. E. Nelson et al to Texas Power & Light Co., as described in instrument recorded in Volume 283, Page 522, Deed Records, Williamson County, Texas. 13. Any portion of the herein described property which lies within the boundaries of a road or roadway. 14. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and issue bonds. 15. This Policy does not insure ownership of any improvements located in or on the subject property, and, for purposes of this policy, all improvements should be considered severed from the land. 16. Lack of right of access to and from the land. Insuring provision number 4 in the Owner's Title Policy will be deleted. 17. Rights of parties in possession. 18. Visible and apparent easements, if any. * including taxes levied by Brushy Creek Water Control and Improvement District No. 1. NOTE: If the Company is furnished a satisfactory current survey (and is paid the required premium where applicable) to amend its "area and boundary" exception, Company may except to encroachments and other matters reflected by the survey. If Company's requirements and guidelines are met, Company may add the following after the description of those encroachments that are acceptable risks: Company insures the insured against loss, if any, sustained by the insured under the terms of this policy by reason of a final, non - appealable judgment of a court of competent jurisdiction that orders the removal of this improvement because it encroaches over or into (describe applicable building line or easement). Company agrees to provide defense to the insured in accordance with the terms of this policy if suit is brought against the insured to require the removal of this improvement because it encroaches as herein stated. Page STEWART TITLE GUARANTY ? I)MPANI Commitment No.: • GF 96033432 CB SCHEDULEC Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following require- ments that will appear as Exceptions in Schedule 8 of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: 585 (REV 111/93) - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialman's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Since this property is located in the Brushy Creek Water Control and Improvement District No. 1, we must be furnished the Notice to Purchaser as required by Section 50.301 of the Texas Water Code. This notice must be given to the purchaser prior to the final closing of the proposed transaction. 6. We must be furnished a waiver as to the "rights of parties in possession" exception. 7. Easement rights of ingress and egress, as certain instrument dated August 24, 1979, Rossow, Individually and as Administrator August Gene Rossow, to City of Round Rock Volume 768, Page 648, Deed Records, Willi must be included in the donveyance of thi proposed insured. set forth in that from Elizabeth Ann of the Estate of , and recorded in amson County, Texas, s property to the 8. The purchaser must satisfy itself that they have or can obtain from the railroad the crossing rights needed for the proposed use of this property AND the exception to lack of access to' Highway 79. 9. We must be furnished documentation as to the authority of the City of Round Rock to sell this property and who is authorized to execute the deed. STEWVART TITLE f. II A II NTV Cf1M1'A NV Policy Commitment No.: •5804- GF 96033432 CB You are further advised that the estimated' title premium Is: SCHEDULE D The Information contained in this Schedule (D) does not affect title to or the lien upon the land described in Schedule A hereof, to be insured In'any pollcy(ies) of title Insurance to be issued in accordance with this Commitment. As to Stewart Title Guaranty Company, the Underwriter herein, the following disclosures are made: A -1. Shareholders owning, controlling or holding, either personally or beneficially, 10% or more of the lease Shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation -100 A -2. The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date herelnabove set forth are as follows: Carioss Morris, Stewart Morris, Stewart Mords, Jr., Malcolm Morris, Max Crisp, C.M. Hudspeth, Eugene Mohler, Bruce Bolin and Nita Hanks. - A - 3. The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: President Malcolm S. Morris, Executive Vice President: Bert B. Corkill, Secretary: Sue M. Nolz, Treasurer: Ken Anderson, Jr. Georgetown Title Co., Inc. As to (Title Insurance Agent), the following disclosures are made: B -1. Shareholders, owners, partners or other persons having; owning or controlling 1% or more of Title Insurance Agent are as follows: Claude A. Hays, Jr. B -2. , Shareholders, owners, partners, or other persons having, owning or controlling 10% or more of any entity that has owns, or controls 1% or more of Title Insurance Agent are as follows: 8 -3. If Title Insurance Agent is a corporation, the following is a list of the members of the Board of Directors: Claude A. Hays, Jr., Barbara A. Hays, and David S. Hays B If Title Insurance Agent is a corporation, the following Is a list of Its officers: Claude A. Hays, Jr., Barbara A. Hays, and David S. Hays C-1. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum . from the settlement of this transaction will be disclosed on the closing or settlement statement. Owner Policy $ 3,980.00 Mortgagee Policy $ Endorsement Charges $ Total $ 3,980:00 .19 Of this total amount $ 81 or % (complete one only) will be paid to Stewart Title Guaranty Company, $ ar % (complete one only) will be retained by Title Insurance Agent; and any remainder of the estimated' premium will be paid to other parties as follows: Amount Paid to Services $ or % (complete only one) $ or % (complete only one) $ or % (complete only one) 'The estimated premium is based upon Information fumished to us of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. 5855606.10-31.92 STEWART TITLE DESCRIPTION FOR THE ESTATE OF A.G. ROSSOW CITY or ROUND ROCK BEING 31.372 acres of the Joseph Marshall Survey, Abstract No. 409, in Williamson County, Texas, the sans tract called 31.00 acres in a deed to A.G. Rosso+ of record in Vol. 550, Page 404, Deed Records of Williamson County, Tom. Surveyed on the ground in July of 1979, under the direction of W.F. Forest, Registered Public Surveyor No. 101. BEGINNING at an iron pin set in the South R.O.W. of the I. 6 G.N. Railroad at the Northeast corner of the said 31.00 acre tract and at the Northwest corner of a tract owned by Mrs. V.A. Southern. THENCE S 00'25' E 700.0 feet with the general course of a crooked fence in the creek bottom and S 02'03' W 677.0 feet to the center of Brushy Creek and to the Southeast corner of the 31.00 acre tract. THENCE upstream with the center of the Creek as follows: S 56'21' W 287.4 feet, a: 1 corner of a� • f S 2 1 to S 3.593 acre tractsurveyedinJune of 1977, an the iron pin found. THENCE N 85'15' W 377.2 feet to an iron pin found at an ell corner in the East boundary of the 3.593 acre tract (on the East line of a 22 foot wide strip used as an acceseway). THENCE N 00'05' E 1443.80 fast with the boundary of the 3.593 acre tract to a point on the crumbling East edge of a bridge. THENCE N 31'51'45" E 59.9 feet to an iron pin found. THENCE N 67'30'55" E 729.09 feet to an iron pin found. THENCE N 19'30'30" W 22.09 feet to an iron pin found in the South line of the I. & G.N. Railroad and at the upper Northeast corner of the 3.593 acre tract. THENCE N 69'03'10" E 241.96 feat with the South line of the railroad to the POINT OF BEGINNING. STATE OF TEXAS COUNTY OF WILLIAMSON I. W.F. FOREST, do hereby certify that the above described tract was surveyed on the ground under my supervision and that the above description is true and correct to the beat of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 8th day of August, 1979, A.D. X KNOW ALL MEN BY THESE PRESENTS: f (U W.F. FOREST REGISTERED PUBLIC SURVEYOR NO. 101 EXHIBIT "A" • M1 IMPORTANT INFORMATION FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELE- PHONE NUMBER 1 -800- 729 -1902 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1 -800- 252 -3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 AVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1 -800- 729 -1902 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1- 800 - 252 -3439 para obtener informacion sobre: 1. comp someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros 4.. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Depertamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714 -9104 ' FAX NO. (512) 475 -1771 FORM: Commitment for Title Insurance STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The Commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relaclon a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. El compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaccion. Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed In Schedule B of the attached Commitment as Exceptions. Other risks are stated in the policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown In Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover.. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the Slate Board of Insurance by calling the Title Insurance Company at 1 -800- 729.1902 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1. 800. 252.3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. - Allow the Company to add an exception to "rights of parties in possession." II you refuse this exception, the Company or the Title Insurance agent may inspect the property. The Company may except to and not Insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to Increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. FORM: Commitment for Title Insurance Al T E =30:1. A^ AL TO EAS:1.:::T A::d :tIOIIT Od .IAY LONG STAN STAIR PR co INO T14r STA'L Od TAUS ) INO'J AIL ilE:l BY THESE PRES.:NT91 COUNTY Or IILLIAASON) That ., • +.. -.•— T. R. !helm, and C. A. Ninon of the dhu,buf 0000ty d 0 of . :71 11. Avery 111emeon, State of au Texas, and Are. Lary dell 'chits. Ara. Ad.l■ Ohrlatlne Avery tho oounty of Travis 9tata of Texas all of wham constitute all of the he iro of A. J. Nolen, and fife Are. Hedvig Nelson both deo■arad, for a In consideration of ($00.00) twenty wu1 no /1,O dollars to uo In m.ud paid by Lone Star dtets Poser 40. .no • Uexas Jorposatiun, hove granted, sold and conveyed. and by Lbws presents do grant, sell and oonvay unto tho said, L..O. Star 9tati Power Co. Inc. an 1a 0.11 or light of way for an eleotrlo tranlmieaion and alstribntlug lino, oo Of variable numbers of wires and all neosreary or desirable appurtena.,ao lineludtng poles made of woo6, petal or other materials, telegraph and tolephone 41rrto, props and guys) at or near thn location and along the south line or parallel wit., the south lino. or general oourae of the south line. over, aoroee and upon the following described land or land■ located in dilliamson, dounty, 'faxes, to -wit; out of the John LW,•ehall original survey, Beginning at our Mast line which le the east line of property 0411ed by :Ierrall Brom. tnd running i:, en 000190ly direotion for a dtstanoe of 1.000.ft. to my east line whloh in In.. .vest line of property owned by Urn. E. Soot Est. Sol•, easement of right of .my parallel@ .hate Highway on mho north e16. Of same. said highway running from Round Boot to Hutto Limas. ealdpoleeto be eat not more than four feet boot from and paralleling our south line. and adjoining the lam. of Correll Bros. on Inc west side and the land of Ara. E. Noa.,t, Bet. on tha neat Bide together with the right of ingress. and egress over my adiaoent lands to or from Maid right of nay for tn. purpose of oonetructing, reoouetructIng, inepeotlag. patrolling. banging new mime on, main- , taiming aid removing meld lino and appurtenanooe; tnu right to remove from amid lends all ; trees and Farts thereof, or other obetrtotiona .nloh sidang0r or lntarforo .vith the eff14 enoy of said line or its dppurtenanoes; and tho right of exorcising ull otnor right, horeb• granted. To have and to hold the above deeoribad eaeementa and rlghte unto the said, Lono Star State Power CO. 1no. their suoosesore and a0sigue, until too said lino shall be abandoned. Not 'more than four poles shall be masted along the oourae of maid 111; unless the said Lone Star State Power So. Ino. their min:0000re or aealgne ehnll lay to ue, our heirs and legal repreeent- •tives at the rate of (48.00) firs and no /100 dollars for Saab pole 00.0106 in exoeea of eaid number and upon suoh payment the ■old. Lone Star State rower 00. Inc. their eu0ooasore or assigna•ahall have the right and the right Ie hereby grnnte.;, to erect airee r.00 poles along said course in erases of said number and we do:;eroby bind cureelvee, our hairs and legal representatives to warrant and forever defend ail and singular Inc above deeoribad eeeament and rights unto tno maid Lone Star State Power'00. Ina. their auaoeeaore and aeeigne againot every person whomsoever lawfully olnimfng or to olnim tba ammo or any part thero01. • • '.t }.:. • .. .. ...,.. ,.M .ca. T••-',:: .aitS3't'Id'�:r'MiL.62.r02.ti 41 saes our hand, this 21 day of July A.D. 1128. 1.•3. NYLOOa, for myself as attorney in Sao% for the folio 1Jl3. ADLA 333130I4S AVERT. Sagt 0. N. AP.«1T. 10t8.:=ARY 3ELIZ f.11 TS. 0. A. IIEL2011. T:L: 3TATS 0f T13AAS 0003$Y Of n 1E1 4303 Wore ma. 0. V. ..neberry, ■ notary public in and for said 0omrty ..041 State, on this day personally appeared T. E. Vsloon. lawn to toe to be t..e person shoes name is eubsdrlb1d to the foregoing inetrummd and aotno■ledgod to a than he ex.duted the same for the purpose and consideration Lneroin •xrreseed. Olsen under my and EA sod of atria., Elie 21, day of July A.J. 1928. ( 2. 3 1 C. Y. L::IOS.z12T. Dotery Iubllo au end for di111ammon Jaunty, Tens. OP 2E143 ) 00012V 0? 1I'_'.LL'130n ) Actor. me, C. 7. Lineberry, n notary pub110 In and for .71111 +as m County. Texas on thle dai personally appeared. T. E. Deleon, knolls to JO to be the rorson o nano ie abeorlbad to tn. foregoing inotru7.nt, me attorney In foot of 2. A. l:aleon, Ora. gent Dille Tait*, Drs. Adla Ohristlne Avery, end J. 2. :very and eaxao.ledged to :a• that :,e eubeorlbed the :l aem of 1...1. lalson. 11re. or 3.11. irate, llre. .;d:e :hrfetine ,.very. and O. 11, Avery t.orato as prluoip.le mid hln o m a.re ae ot:arnoy in Snot, end exooutel ' the ,.in for the purposes Q o0neidoratlon t !ere In .xl reread. nod 1.. the °arsalty therein eat forth. '%ivea under sj ..end and noel of ofXlaa, thin the 21 day of Jul,/ .:.:.. 19:5. ( L 3 ) :.. 1. LAl25312: -3, votary lublio In and for 11111eae County. 2exae. ➢ilad for recd 3 pt 16 •.eaorded Sept. or 17. 1� a 11 O'oloor :. J. ::LILTS, 301 :.2( 30022. 222.12::.20 1, 321.23. A a 3Mrt a' @O & 42' :0 21;.0::..2.2.:;2 & :110$2 0: JAY L01r' 3TA11 31A2.: 204E2 10 INC • : 37.1.2i. 0.' TEXAS ) 21101 ALL :122 3Y :.W'92 P3i:3211 T3: d11:11.1 02 1ILLIti:SOII) 2S3 - 5aa 1) 0 ........ tl' :. A 11515:11 TO .JS11I -!I1 T ?.::A5 P0.1:]. :. 1.1117, C.:. ..5 54 01. 'I....AS. ) ) ECM ALI. "!:11 10 '51)1•=e 0.4.2555 ul• .•1 LL: As.01 :. ) That; Estate of C A :Saloon by 1, 5 f. ,leleon, i:nlvldually And na the executor v • . ...0 of the gatnte of C A Nelson, deoeaeed and ,e 1.)%aaut0r of Lhe Sat•Le of era fiery 1e11e White 0n.. 0u n,;ent Ad nttorrvp In teat for C I7 Avery, T K Saloon being of Stillamon County, Taxa• .N C t! Avery of :'ravla County, Taxaa, of 51l11asmon County, texas, for and in ounalderetlon sf the adventagoa which all1 ucoruo to mo (uc: by the construction of the 31.005.1, trona- 010.1on and /or dlotrlWtlon line net elnafter deaerlbed, hove granted, sold .nd conveyed and by these pre....nta do ,;,.oat, sell and convoy unto Taxaa l'oa 0 Light Cw! alp o n on...ant and right -of -say or an electric tranamlaslon and/or dlar tlbuLlon line. eon,lating of variable numbers of wlrea, nnd all 000eaaary Or desirable appurt•00.. :ea (inelutino poloa mode or wood, Total or other cotorlala, telephone and telegraph w lraa, props hit guys) At or rotor the location and along the apnorol course now loaotad ono utaked out by the sold Company, over, •crcea ant upon the following described lands loo•ted in Wlllismon County, Tn000. to -wit) Botha a 60scription of the Toxa. 10...). and L14/11 Cwnpnny'a Taylor Sorel Distribu- tion Extension Lateral (SWOPS-57A P. 167) northoe.t of YAylor to aorve .lugs Stark and others as now surveyed and loea.ed eoro0a tho Estate ,0f C A ::.loo. -., in the J earaholl Survoy, llaeuOn County, Texea. Beginning at • point in a property line runnlna north and .wth at survey otatlon 55 plus 01 4 Iv141.13 the .Cate of C A Nelson and a county road. Sold point being 1,0.1,d 550 feet, case or 1033, a:uth of that intersection of a 50 foot county roed with the wont 11/0 line of an0thur county road; thence In • northwoaterly direction n ilia.anee 1016 feet core or lose, to T P t L Co. angle pole and ,vy at aurvay atatlon 57 plu. 12.; thane* in an easterly direction along and parallel with Ira aouth6/3 line of • county roo6 a 41. othea of 522feet, more or less, to a point in a property line running north end south dividing the -state of C A Ilel3on trcl the Stoney Point School. Said point being located 1 foot, Tore or leas, acuth of the interaectlon of said property line with the south 11/PI lino of a county road. Aerial A/5 Not more than 2 Falco, 0 stubs, ,.rd 1 ;,pa .hall be erected .lone the caur00 of said line. Together with the right of ingrea0 and ogress over my (our) adJecent lands to or from said right -of -way for the purp0ee of constructing, reaonatructing, impacting, patrolling, hanging tow vireo on, maintaining and removing said lines and appurtenances; the right to re- 1OOate the lines in the same relative position to the adjacent. road if and as widened ID the future; the right to remove fro. us id land all tress and parts thereof, or other obstruction, which endanger or may interfere with the efficiency of (laid lino, or thoir appurtenances. To hays and to bald the above described aogemont and rights unto the said Company Ito successors and aaalgt., until said lima shall be'abendoned. And I (we/ do hereby bind spaelt (ourselves) ap (our) heirs end legal representatives to warrant and forever defend all and eingular the above described eaaemant and righto unto : , M• t :t �.lui.:+ , t. • dL�]�B :I�IL`.A _Y.i{ n� ^kT. � .. , ....i _:v�'.t1G :..:::. ` .. 52 the amid Cunt any. ice 3000.0.0 a end •- elan., .Ablaut eVe.y 1'310011 ehoaaoever lawfull�� _ oL Intna or to claim the babe or any part thereof. Wltneea my hand this 1 nd day of Carob, 1937. 1' H 11_1:.011, Individually end ea Hamner of A .1 Nelson 201000. 11re Cory :elle White 2.201•10 by T , Nelson, Haeout0r. C Saloon testate b7 'f 6 Deleon, lbneoutor C .• Avery by T 6 11110011 Agent a Atcy in fact. THE STA'.2 OF TEXAS, ) COMITY OF 71ILI1A11:011. Hnl'ore me, C V LaOaberr7, • Notary Ptbllo In and for W111L®o111lounty, Texas, on Chia dby 9020onally appeared T 61 Nelson, knoan to me to be the 1'arao1 slow name le sub - aorlbed to the :+refoIng inatrulent, and acknowledged to re that he executed the sane far the pt,rpaa a and oonalaerat loo therein expressed. divan under my herd ant a.:al of office this Curd .u(y of Lerch, A P 1037. '(23) C V LAI:SPERRIY Noter7 Public, 11111ateon County, Texas. THE STATE OF T.2XA *, C0011TY OF WILLIA:D011. ) before ma, C V beneberr7. • Notary rubl:c in and for the County of 01011aneon and State of Texas, on this day pur0onelly eppear 1 o Nelnon, 1zboan to we to be the person whoa. W. la subscribed to the 1or.40lnd lnelruront and acknO.L 44021 to me tlet he exe- cuted the mama as the 000001or of the eat,t0 of t: A 11010011, decensud, and as exeout0r of the potato of lira 6.07 Pelle White, deem:sod, for L110 , 01.11430.' and o nelderntlon there- in expressed arm In the capacity therv,In set forth. 01van under m7 hand and seal of office, thl0 the 22nd dal of March, A C 1.37 (13) C V LIILSNE!O1Y Notary rbbli0 insld for Williamson County, Texas. THE STALE OF TEXAS. I C000rlt CF 01.GIAlnon. ) 0eforo 00, C V Lareberr7, • notary Public in and for the county of Williamson and State 01' Taxes, on this day personally appeared T 6 Nelson, law= to roe to be the person whole name is subscribed to the foredo ins incttvoent, sa Om attorney in 1.02 of C )I Avery thepto ao principal and 1113 own care es attorney in fact, and oxe0uted the aa0e for the purposes and core ideretlat therein expressed, and in the capacity therol.n set forth. Given under my bend and coal of office, tl.la the 22nd day of Sarah, A 0 1937. (IS) 2 V 105220HRY Notary Public in end for W1111o0uon County, Texas Flied for record April 15, 1937 at 10 o'clock A IP. Recorded April 17, 1937 at 11205 o'clock A C. ��vt Chord, Count court, dlfllamaon County, Tomas. _ _ o�.1 u �•� __ Copnty• 0 0 STONY 7021Ir SCHOOL T3 EASE'T1IIT T57.1.11 P0:_N & LICHT CO. DISTRICT No. 20. THE 5'.01:: 0: T0A5, 1 1:1:017 ALL =N BY THESE PRE..E11T5: CONII1Y OF WILLIA.SON. ) That: Stony Point School 71a tr1ct 11o. 20, by John 6 Johnson, end Alfred Te1and Trtstoo0 of and for Stony Point School District No. 20 of Williamson County, Texas, for and in oonoitleration of the advantages which will 000000 to ,o (us) by the construc- tion of tin oloctrlc transmission and /or distribution lino Ilornlnaftlr 400011b 26vo Filed for Record on the . day of Duly Recorded this the r day of .day - 3k8 STATE OF TEXAS r,•.'• COUNTY OFBEXAR BEFORE ME, the undersigned authority, on this day personally appeared H, T. Habdon , Vice President of Frost National Bank of San Antonio, a national banking corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Frost National Bank of San Antonio, a corporation, and that he executed the same as the act of Frost National Bank of San Antonio, for the purposes and consideration therein expressed and in the capacity therein stated. January GIVEN under my hand and seal of office this 14th day of Octotrer, •,,. �' ( 1968 /, otary Public in and for Bexar County, Texas _6_ n ��; ions A. D. 19 45, at g.O1 o'clock M. • M. );. A. D. 19 ' , at .. f' o'clock M. DICK CERVENKA, County Clerk Williamson County, Texas Deputy orq THE STATE OF 'TEXAS ) 140 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON '111AT I, Rebecca Y. Nelson, Individually and as Independent Executrix under the Will and of the Estate of T. E. Nelson, deceased, formerly of Round Rock, Texas, now of the County of Travis and State of Texas, hereinafter called Grantor, for and in consideration of the sum of Four Thousand Nino hundred Fifty -Three and 75 /100 ($4,953. 75) Dollars paid and secured to be paid by W. E. McCarty and wife, Marie McCarty, of the County of Travis and State of Texas, hereinafter called Grantees, as follows: The sum of One Thousand Fifty -Three and 75/100 ($1, 053.75) Dollars, the receipt of all of which consideration is hereby acknowledged and payment of no part of which is secured by a lien, express or implied, upon the herein- after described premises, and the further consideration of the execution and delivery by the said W. E. McCarty and wife Marie McCarty, of their one (1) certain promissory note, of even date herewith, for the sum of Three Thousand Nine Hundred and 00 /100 ($3,900.00) Dollars, bearing interest at the rate of ten per cent (10) per annum, due in monthly installments of $54.16 each, ex- cept the last such payment shall be in the sum of $54.64, including interest, such monthly installments being due and payable on the first day of each month hereafter, commencing on the first day of October, 1961, except that monthly installments shall not extend beyond the first day of September, 1907, on which date any principal and interest remaining unpaid shall be due and paid in full, -said note containing• the usual clauses for accelerated maturity and attorneys fees in case of default; subject to the exceptions and reservations hereinafter in this instrument made, excepted and reserved by the Grantor herein and also save and except as here- inafter in this instrument stated or provided, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONJEY, unto the said W. E. McCarty and wife, Marie McCarty, all that certain tract or parcel of land situated in the County of Williamson and State of Texas, to -wit: 32.43 acres of land, being out of and a part of the Joseph Marshall Survey, and also being out of and a part of the 111 acre tract of land con- veyed to A. J. Nelson by Caroline Palm et al by deed dated April 10, 1895, and recorded in Book 72 Page 28, of the Deed Records of Williamson aunty, Texas, and being described Co ed by metes and bounds au follows: BEGINNING at the 5. E. corner of the above mentioned 111 acre tract, which said point is in the center of the channel of Brushy Creek, for the S. E. corner hereof; THENCE North along the East line of the 111 acre tract to where the same intersects tho South ROW line of the I & G N RR Co. for the N. E. corner hereof; THENCE in a Southwesterly direction along the I & G N RR Co. ROW to where the same intersects the West line of the 111 acre tract for the N. W. corner hereof. '.L'lIENCE South along the West line of the 111 acre tract to its S. W. corner, which point is in the center of the channel of the said Brushy Creek for the 5.1V corner hereof; THENCE down the center of the channel of Brushy Creek with its meanders to the place of beginning, containing 32. 43 acres of land; And being a part of the Third Tract described in partition deed, L. N. White et al to T. E. Nelson, recorded in Vol. 30b, Page 219, of the Decd 12ecords of Williamson County, Texas, to which deed reference is here made for all purposes; together with all betterments thereon and all hereditaments and appurtenances thereto in anywise belonging. Grantor excepts from this conveyance and reserves and retains unto and for herself, her respective heirs, assigns and legal representatives, a Lull and undivided one - half (1 /2) interest in the minerals in, on or under said land, including oil, gas or any other mineral as hereinafter more fully sot out, and the right to share in future lease bonus payments or delay rentals, with full right to participate in any and all leases forever. Grantor excepts from this conveyance and reserves and retains unto and for herself, her heirs, assigns and legal representatives, one - half (1 /2) of all of the oil, ga n, sulphur, coal, gravel, conglomerate, stone, uranium, metals, ores and all other minerals of any and every kind, character or des- cription on or on the surface of, in and under the above described land, and all rights and privileges w ith respect thereto and in connection therewith whether or not hereinafter mentioned or referred to, and Grantor further excepts from this conveyance and expressly reserves and retains unto and for herself, her heirs, assigns arid legal representatives and those with whom they or any of them may contract, the full, continuing and unrestricted right of ingress, egress and regress to and from, and the full, continuing and unre- stricted right to remain upon, use and enjoy, said land at all times for or in connection wi t, and for the purpo of, housing employees, storing materials, machinery, equipment and supplies, investigating, exploring, prospecting (by geophysical or other means or methods), drilling, mining, digging, quarrying, developing and operating for, producing, extracting, taking, rernoving, saving, taking care of, processing, treating, storing, handling, sheltering, transporting, delivering, marketing or otherwise disposing of, such oil, gas, sulphur, coal, gravel, conglomerate, stone, uranium, metals, -2- ore and all other minerals of any and every kind, character or description, and any and all products and by- products thereof, and the full, continuing and unrestricted right to dig, bore,own, use, repair, maintain and operate quarries, tunnels, pits and excavations on and under said land, and to drill, deepen, plug back, redrill, rework, complete, recomplete, own, use, maintain and operate oil, gas, sulphur arid other wells of any and every description thereon, therein and Uiereundor, including but not limited to Water wells and to use water there- from free of charge or cost, for any and all purposes, and to build, erect, lay, own, use, relocate, improve, repair, maintain, and operate, and to remove or otherwise dispose of, any and all buildings, structures, plants, quarries, works, storage and disposal pits and tanks and other pits and tanks, pipes, pipe lines, gathering lines, connections, ducts, conduits, power stations, power lines, roads, railroad tracks and spur tracks, loading and unloading equipment and facilities, telephone lines, fences, pumps, pumping equipment, machinery and facilities, and any and all other machinery, apparatus, equip- ment, devices, facilities and appurtenances of any and every description on, in and under said land, and the full, continuing and uninterrupted right to do or cause to be done any and all such other acts and things which may be either necessary, convenient or proper for or in connection with investigating, exploring, prospecting (by geophysical or other me or methods), drilling, mining, digging, quarrying, developing and operating for, producing, extracting, taking, removing, saving, taking care of, refining, processing, treating, storing, handling, sheltering, transporting, delivering and marketing or otherwise disposing of, such oil, gas, sulphur, coal, gravel, conglomerate, stone, uranium, metals, ores and all other minerals of any and every kind, character or description a any and all products and by- products thereof, and housing, sheltering and cariuy for employees and others engaged in any such operation or operations, work or works, or employed or engaged directly or indirectly in connection therewith and storing materials, machinery, equipment and supplies. This conveyance is made, executed and delivered by Grantor and accepted by Grantee., subject to all easements and ri hts2,f- way,and<,grants_ . _ and deeds for or in connection with roads, pipelines, gas lines, of any and every description, telephone lines, electric, power or gas lines, and other - 3- similar encumbrances which may fie of record in the Office of the County Clerk of Williamson County, Texas, to which reference is here made for all purposes. TO HAVE AND TO HOLD the above described tract., together with all and singular the rights and appurtenances thereto in anywise belonging, all subject to the exceptions, reservations and rights hereinabove reserved and retained by Grantor and to the hereinabove referred to instruments and encumbrances and to the terms and provisions hereof, unto the said Grantees, their heirs and assigns, forever; and Grantor does hereby bind herse.d, her heirs and assigns, to WARRANT AND FOREVER DEPEND said above des- cribed tract unto the said Grantees, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to all of the exceptions, reservations and rights hereinabove reserved and retained by Grantor and to the hereinabove referred to instrurrrnits and encumbrances and to the terms and provisions hereof. 13U'P it is expressly agreed and stipulated drat a Vendor's Lien is rcauined against the above described property and promisor; and impro✓crnontn, until the above described note and all interest thereon are fully paid according to its face, tenor, effect and reading, when this deed shall become absolute. ■VI`PNi;SS MY IIAND, at Austin, Texas, this the of September, 1901. 171E S'l'A'.l.E OF '.L'EXAS COUNTY OFTRAVIS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Rebecca Y. Nelson, a widow, known to zne to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities therein slated. GIVEN UNDER MY HAND AND SEAL OP OFFICE, this the day of September, 1901. /I %! / 1'd, - • 12c hecca Nelson, Individually and as Independent Executrix under the ill and of the Estate of 1'. E. Nelson, Deceased. a i Notary Public in and for 'Travis County, Texas. Filed for Record on the E day of Duly Recorded this the day of ( . fi, I , By A. D. 19 L.;', at /1":24 o'clock /•;.M. A. D. 19 o t at ,� o'dock �• M DICK CERVENKA, County Clerk Williamson County, Texas Deputy Fokl ayineitoveritopiofienvelopeic‘l right CERTIFIED Z 7 7 7 468 0 2 1 MAIL GEORGETOWN TITLE CO., INC. P.O. Box 835 Round Rock, Texas 78680 Mr. Bob Bennett City Manager City of Round Rock 221 East Main Round Rock, TX 78664 tionsta" soon° occn 7566 PRSTi PJUNG 0 .71CV TY Tr. 78bL JUL 7,'9E WICUOT - $3.11 GC0.4"5!9-0' Mr. Joseph J. Beal, P.E. Manager, Water & Hydroelectric Company LCRA P.O. Box 220 Austin, Texas 78767 -0220 Dear Mr. Beal: RECEIVED 301. 1 91996 g eor3etown "J itde Company, .9 w. 702 cRocs c5hrit Jn. (9. Box 689 gcotscfo9m, gXrss 78627 AREA CODE 512 GEORGETOWN 883 -5501 AUSTIN 2565803 FAX 850 -0980 / 850-4255 July 17, 1996 CG Re: Lower Colorado River Authority - Purchase of City of Round Rock Wastewater Treatment Plant Sites - GF 96033432 & GF 96033431 Please find enclosed the executed receipt of earnest money deposited with Georgetown Title Company, Inc. for the above transaction. cc: Steve Sheets Bo"li _Bennett"' Ronald J. Freeman Enclosure Reliable land 11110 information for Williamson Counly since 1693 • LDJa Box 8 d'ound S?OJ, irxas 7 8680 AREA CODE 612 ROUND ROCK 2665830 FAX 2444138 Ms. Donna Shirey is the Escrow Officer working with you to close the purchase of the Wastewater Treatment Plant Sites. Please contact Ms. Shirey with questions you have concerning the title commitment or other matters as they arise. We very much appreciate the opportunity to participate in the closing of these properties for you. Thank you. Sincerely, Jackie Ellason ,ff The undersigned acknowledges receipt of above earnest money amounting to in the form of accordance with terms of the foregoing agreement. The Escrow Agent does not assume and shall'not be under liability on account of performance or non performance of any party to the agreement; and the Escrow Agent may, at its option, require the receipt, release and authorization in writing of all parties before paying money or delivering or re- delivering documents or property to any party or to third parties. Dated this / day of aC-19 to be held Georgetown Title Company, Inc. Escrow Officer U � t3.�. 1 g eor3efown "fide Company, 17 nc. 9 O i3ox 8335 `li „nd `)2 c6, `./xa, 78680 IL Z 777 468 013 Mr. Bob Bennett City Manager City of Round Rock 221 East Main Round Rock, TX 78664 RECEIV .nit 19 1996 P. 40'J'.G R r CSK i HMS �i :=TN= ., $2.52 ooc47s, „ 1st NOTICE 2nd NOTICE RETURN _ RETURN RECEIPT REQUESTED Mr. Ronald J. Freeman 301 .Congress Avenue, Suite 1400 Austin, Texas 78701 Dear Mr. Freeman: Enclosure cc: Mt.._Joseph_J..Beal Mr. Bob Bennett Mr. Stephan Sheets RECEIVED AUG 0 71996 ; geor3etown "Jide Company, 4 ■9 r n c. 902 cRo..0 c$EucE 17r7 dV. dV(ays (9. Box 689 g Box 835 g eozgeEoam, texas 78627 AREA CODE 512 GEORGETOWN 863.5501 AUSTIN 2555863 FAX 869.0889 / 869.4255 August 6, 1996 Reliable and title Information tor Williamson County since 1693 cRound s?oa &, g220.0 78680 AREA CODE 612 ROUND ROCK 255.5839 FAX 244.9188 Re: City of Round Rock to Lower Colorado River Authority 9.637 acres of land out of the P.A. Holder Survey, Abst.No.297, Williamson County, Tx. GF 96033431 We are enclosing the title commitment on the above referenced property which is also known as the "West Plant ". Restrictions are also enclosed. We are looking forward to working with you in closing this transaction. Thank you. Yours very .,truly, Donna Shirey Escrow Officer 585 Pev I.1 -99 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY J STEWART TITLE GUARANTY COMPANY! We, STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. Chairman 0 Countersigned by Authonzed Signatory STEWART_TITLE GUARANTY COMPANY S,ua r•n .d r n, , of I Presde4 CONDITIONS AND STIPULATIONS I. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. All notices required to be given the Company ,and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. STE 'WART TITLE GUARANTY COMPANY IMPORTANT INFORMATION . FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELE- PHONE NUMBER 1 -800- 729 -1902 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1- 800 - 252 -3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 AVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1 -800- 729 -1902 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1 -800- 252 -3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros 4: los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 FORM: Commitment for Title Insurance STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The Commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. El compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaccion. Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover.. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at 1 -800- 729 -1902 or by calling the title insurance agent that issued the Commitment. The Slate Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. - Allow the Company to add an exception to "rights of parties in possession." II you refuse this exception, the Company or the Title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. FORM: Commitment for Title Insurance ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) Your policy contains an arbitration provision (shown below). It allows you or the Comoany to require arbitration if the amount of insurance is $1,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL B_F arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorneys fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. SIGNATURE DATE FORM: Commitment for Title Insurance STEWART TITLE GUARANTY COMPANY Commitment No. GF No. or File No. GF 96033431 CP 5852 IR ev. 1/1/53) The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one - to-four family residential real estate) Policy Amount $ 160,000.00 PROPOSED INSURED LOWER COLORADO RIVER AUTHORITY (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE — ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R) Policy Amount: $ PROPOSED INSURED: Binder Amount: $ PROPOSED INSURED Proposed Borrower. (e) OTHER Policy Amount: $ PROPOSED INSURED. Issued: SCHEDULE A Effective Date of Commitment: (c( MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2( Policy Amount: $ PROPOSED INSURED Proposed Borrower. (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T - 13) 2. The interest in the land covered by this Commitment is FEE SIMPLE 3. Record title to the land on the Effective Date appears to be vested in: CITY OF ROUND ROCK 4. Legal description of land: Being approximately 9.637 acres of land, more or less, out of the P. A. HOLDER SURVEY, Abstract No. 297 in Williamson County, Texas, and being a) 4.00 acre tract, as described in deed from LeRoy Nelson and wife, Inez Nelson to City of Round Rock, recorded in Volume 294, Page 378, Deed Records, Williamson County, Texas, b) 0.873, as referenced in deed from LeRoy Nelson and wife, Inez Nelson to Lutheran Aid & Orphan's Society, recorded in Volume 298, Page 549, Deed Records, Williamson County, Texas, Continued on next page Page 2 July 24 19 96 5 o'clock Pm August 05 19 96 5 o'clock Pm STEWART TITLE GUARANTY COMPANY 203A GF 96033431 CP Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule A Page PARAGRAPH 4 CONTINUED c) 0.300 of an acre described in deed from Lutheran Welfare Society of Texas to City of Round Rock, recorded in Volume 548, Page 475, Deed Records, Williamson County, Texas, d) 3.974 acres described in Lutheran Social Service of Texas, Inc. to City of Round Rock, recorded in Volume 909, Page 810, Deed Records, Williamson County, Texas, and e) 0.490 of an acre described in Lutheran Social Service of Texas, Inc. to City of Round Rock, recorded in Volume 909, Page 823, Deed Records, Williamson County, Texas; SAVE AND EXCEPT: a) 1.030 acres described in deed from City of Round Rock to Lutheran Welfare Society of Texas, recorded in Volume 472, Page 677, Deed Records, Williamson County, Texas and b) 0.084 of an acre from City of Round Rock to Lutheran Social Service of Texas, Inc., recorded in Volume 909, Page 823, Deed Records, Williamson County, Texas. FIELD NOTES TO BE FURNISHED IN ACCORDANCE WITH THE REQUIREMENT ON SCHEDULE "C ", ITEM NUMBER 10 HEREIN. NOTE: The Company does not represent that the above acreage or square footage calculations are correct. STEWART TITLE GUARANTY COMPANY Commitment No. GF 96033431 CP SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attor- ney's fees, and expenses resulting from: 1 TPfe` itK M VA 4004 UlYeAgrIg 891.NeW WilgiNe16Y+Ji(> riiies'E ifFi<e sr grYAKI25 X re)62Sr NI6)6MXaXr M4t4 kliisX4AgrACq x 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 19 and subsequent year, and subsequent, taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. ` see b e 1 ow 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy only.) 9. The following matters and all terms of the document creating or offering evidence of the matters (We must insert matters or delete this exception.): 10. Electric transmission and /or distribution line easement dated August 14, 1945, granted by City of Round Rock to Texas Power & Light Company, as described in instrument recorded in Volume 329, Page 232, Deed Records, Williamson County, Texas. 11. Passage of livestock to water easement reserved along the northerly property line, as described in deed dated September 4, 1964, from City of Round Rock to Lutheran Welfare Society of Texas, recorded in Volume 472, Page 677, Deed Records, Williamson County, Texas. 12. Electric power line easement dated October 3, 1968, granted by Lutheran Social Service, Inc. to City of Round Rock, as described in instrument recorded in Volume 512, Page 127, Deed Continued on next page STEWART TITLE 5853/,ev 1 /1/93) Page GUARANTY COMPANY GF 96033431 CP Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule g Records, Williamson County, Texas. 13. 10' wide utility easement dated March 29, 1972, granted by Lutheran Social Service of Texas to City of Round Rock, as described in instrument recorded in Volume 547, Page 495, Deed Records, Williamson County, Texas. 14. 10' wide sewer line easement dated September 15, 1978, granted by Lutheran Social Service of Texas, Inc. to City of Round Rock, as described in instrument recorded in Volume 792, Page 343, Deed Records, Williamson County, Texas. 15. Any portion of the herein described property which lies within the boundaries of a road or roadway. 16. This policy does not insure ownership of any improvements located in or on the subject property, and, for purposes of this policy, all improvements should be considered severed from the land. 17. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and issue bonds. 18. Easement dated August 3, 1983, executed by Lutheran Social Services of Texas, Inc. to City of Round Rock recorded in Volume 936, Page 767, Deed Records, Williamson County, Texas. 19.•Ea.sement dated July 14, 1978, executed by the City of Round Rock to Texas Power & Light Co., recorded in Volume 733, Page 796, Deed Records, Williamson County, Texas. 20. Rights of parties in possession. 21. Visible and apparent easements, if any. STEWART TITLE 203A GUARANTY COMPANY " including taxes levied by Brushy Creek Water Control and Improvement District No. 1. NOTE: If the Company is furnished a satisfactory current survey (and is paid the required premium where applicable) to amend its "area and boundary" exception, Company may except to encroachments and other matters reflected by the survey. If Company's requirements and guidelines are met, Company may add the following after the descri -ption of those encroachments that are acceptable risks: Company insures the insured against loss, if any, sustained by the insured under the terms of this policy by reason of a final, non - appealable judgment of a court of competent jurisdiction that orders the removal of this improvement because it encroaches over or into (describe Page Continued on next page 203 A GF 96033431 CP Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule g Page applicable building line or easement). Company agrees to provide defense to the insured in accordance with the terms of this policy if suit is brought against the insured to require the removal of this improvement because it encroaches as herein stated. STEWART TITLE GUARANTY COMPANY Commitment No.: GF 96033431 CP SCHEDULE C Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following require- ments that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Since this property is located in the Brushy Creek Water Control and Improvement District No. 1, we must be furnished the Notice to Purchaser as required by Section 50.301 of the Texas Water Code. This notice must be given to the purchaser prior to the final closing of the proposed transaction. 6. We must be furnished a waiver as to the "rights of parties in possession" exception. 7. The policy to be issued will except from its coverage subsequent tax assessments for prior years due to a change in land usage or ownership. The parties to this transaction should agree on who will pay these taxes should they occur. 8. Easement rights of ingress and egress, as set forth in that certain instrument dated June 19, 1980, from Lutheran Social Service of Texas, Inc. to City of Round Rock, and recorded in Volume 909, Page 823, Deed Records, Williamson County, Texas, must be included in the conveyance of this property to the proposed insured. 9. We should be reimbursed for the tax research fee as indicated on the tax report upon closing OR cancellation of this file. Tax information has been ordered and will be forwarded upon receipt of same. 10. We must be furnished with a field -note description of this Continued on next page STEWART TITLE GUARANTY COMPANY 585a (REV 1/193) - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialman's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 203 A GF 96033431 CP Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule property prepared by a licensed surveyor and furnished to us PRIOR TO CLOSING for our examination at which time further requirements and exceptions may be made. This description must be used in the conveyance to our assured. 11. We must be furnished documentation as to the authority of the City of Round Rock to sell this property and who is authorized to execute the deed. Page C STEWART TITLE GUARANTY COMPANY Polcy Commitment No . C -5804- • SCHEDULE D GF 96033431 CP The information contained in this Schedule (0) does not affect title to or the lien upon the land described in Schedule A hereof, to be insured in any policy(ies) of title Insurance to be issued in accordance with this Commitment. As to Stewart Title Guaranty Company, the Underwnter herein, the following disclosures are made: A -1. Shareholders owning, controlling or holding, either personally or beneficially, 10% or more of the lease Shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation - 100% A -2 The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date herelnabove set forth are as follows: Cadoss Morris, Stewart Morns, Stewart Morns, Jr. Malcolm Moms, Max Crisp. C.M. Hudspeth, Eugene Mohler, Bruce Belin and Nita Hanks. A -3. The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: President Malcolm S. Morns, Executive Vice President: Bert B. Corklll, Secretary: Sue M. Nolz, Treasurer: Ken Anderson, Jr. As to Georgetown Title C o . , I n C . (Title Insurance Agent), the following disclosures are made: B -1. Shareholders, owners, partners or other persons having, owning or controlling 1% or more of Title Insurance Agent are as follows: Claude A. Hays, Jr. B -2. Shareholders, owners, partners, or other persons having, owning or controlling 10% or more of any entity that has, owns, or controls 1% or more of Title Insurance Agent are as follows: B -3. If Title Insurance Agent is a corporation, the following is a list of the members of the Board of Directors: Claude A. Hays, Jr., Barbara A. Hays, and David S. Hays B If Title Insurance Agent is a corporation, the following is a fist of its officers: Claude A. Hays, Jr., Barbara A. Hays, and David S. Hays C -1. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, fine or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated' title premium is: Owner Policy $ 1,411.00 Mortgagee Policy $ Endorsement Charges $ Total $ 1,411.00 19 Of this total amount $ 81 or % (complete one only) will be paid to Stewart Title Guaranty Company; $ or % (complete one only) will be retained by Title Insurance Agent; and any remainder of the estimated' premium will be paid to other parties as follows: Amount Paid to Services $ or % (complete only one) $ or % (complete only one) $ or % (complete only one) The estimated premium is based upon information furnished to us of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing In accordance with the Rules and Regulations adopted by the State Board of Insurance. STEWART TITLE GUARANTY COMPANY 5855 8E5 10-31 -92 �c. THE STATE OF TEXAS COUNTY OF TRAVIS .(, THE STATE OF TEXAS COUNTY OF TRAVIS 11I ezr8 ''•, EASEMENT KNOW ALL MEN BY THESE PRESENTS: That (we), LUTHERAN SOCIAL SERVICE'Or' TEXAS 511 vol 792f•AOE 343 Otr County, .State of Texas hereinafter referrod to as Grantors, whether one or more, for and in consideration of the sum of Ono Dollar ($1.00) cash to Grantors in hand paid by the City of Rouna Rock, the receipt of which is hereby acknowledged, and the further consideration of the benefits to be derived by Grantors from the sani- tary eewer or water lines through the premises hereinafter described, have this day Grantod and Conveyed, and by these presents do Grant and ' Convey, unto the City of Round Rock, a municipality situated in William- son County, Texas, an eaeement to construct and perpetually maintain sanitary sewer or water lines in, upon and across the following describ- ed land, to -wit: All that certain tract, pio8e or parcel of land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "A attached hereto and made a part hereof for all purposes, to which reference is hero mado ,for a more particular description of said property; TO HAVE AND TO HOLD tho same perpetually to tho City of Round Rock, and its succeasora and aesif;ns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining, said sower or water linos, and for making connections therewith; all upon the condition that the City of Round Rock will at all times after doing work in connection with the construction or repair of said sower or water linos restore the surface of said promises to the condition in which the same was found before such work was undertaken. 'EXECUTED IN Travis County, Texas, in duplicate on this the 15th day of September A.D., 1978 Re 'Norbert Itoschke Chairman of thr. Hoard Lutheran Social Service of Texas BEFORE AE Betty J. K. Roberts on this day personally appeared Rev. Norbert Reschke , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purpoee and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of September 1978 A.D., 1978 r A NOTARX9PUBLIC in and i'or Travis t; THe- ...STATE OF TEXAS COUNTY , T ;?J VIS BEFORE ME , on this day personally appeared , known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D., County,•Toxas BETTY J. K. ROBERTS MY COMMISSION EXPIRES AUG, 31, 1910 A NOTARY PUBLIC in and for Travis • County, Texas VOL 1164E 114 EXHIBIT "A" Page 1 of 2 Field Notes describing a Sewerline Easement, being ten (10) feet in width, for the purpose of construction and maintenance of a wastewater line, and a Temporary Construction Easement, being an additional fifteen (15) .feet in width and adjacent to and westerly of said ten (10) foot wide Sewerline Easement, said casements totaling twenty -five (25) feet in width and being upon a parcel of a 3.0 acre tract or land out of the P. A. Holder Survey, Abstract No. 297, conveyed to Lutheran Social Service, Inc., (formerly known as Lutheran Aid and Orphan's Society), by.Dced recorded in Volume 301, Page 173 of the Deed Records of Williamson County, Texas, and . also being upon a parcel of a 43.0 acre tract of land out of the P. A. Roider Survey, Abstract No. 297, conveyed to Lutheran Social Service, Inc., (formerly known as Lutheran Aid and Orphan's Society), by Deed recorded in Volume 298, Page 549 of the Doed Records of said County, said easements being situated westerly of the West line of a 0.29 acre tract of land conveyed to Ruth Blacklock by deed recorded in Volume 562, Page 449 of the Decd Records of s,.iid County, and westerly of and adjacent and parallel to the West line of the First Amended Addition to Trinity Place, a subdivision recorded in Volume 2, Page 147 of the Plat Records of said County, and being more fully described as being twenty -five (25) feet westerly of and adjacent and parallel to the East line hereinafter described: Beginning for reference at a point in the North right -of -way line of Live Oak Street also being the Southwest corner of said Ruth Blacklock tract; thence along and with the North right -of -way line of Live Oak Street S75 °00'W, 9.45 feet to the Point of Beginning of the herein described easement: • THENCE along..the arc of a curve to the North having elements of Delta 8 °19'10 ", Radius = 843.57 feet, Tangent = 61.35 feet, Chord and Chord Bearing = 122.38 feet, N00 °59'20 "W, to a point; THENCE N05 °08'15 "W, 16.27 feet to a point at the' Northwest cornr.r of said Blacklock tract, also being a Southwest corner of said First Amended Addition to Trinity Place and an interior corner of said Lutheran Social Services, Inc. tract; THENCE along the west line of said First Amended addition to Trinity Place tract the following two (2) courses:. 1) N05 °08'15 "W, 123.99 feet to a point; 2) N05 °13'20 "W, 163.25 feet to a point; THRICE N48 °26'20 "W, 158.97 fect,,,to a point in the South line of a " to the City of Round Rock by deed recorded in Volume� 294,,, P age 378, of the Decd Records of said County, to a point for the - limits of "this description. I hereby certify that these Field Notes were prepn maps and records made by others, and a partial on- the- ground survey, and does not purport to be an actual on -the- ground survey. IIAYNIE & KALLMAN, INC. Date Steven D. Kallman, Processional Engineer. No. 40762 ;#,' >,.'rw7?a. T'�F�e. 'r a lhhws aw.., rxTaw .ne:w•ie.F.rrn.:mra= ,ei -.a�x rrm>u�/ tt:. k4.oumtilowi..iut .Y • • " -••• zAk;tvit VOL 792rAn 345 wEez.1NE E4 5EMEAIT Thr-evu LI177-7 SoCIAL SERVICES TEACT nd P1916 - /P r l e° 4 L' f */") /9" ,t3er \A" • / • 4.1“' . ' - ( ! 1 . -------- \ , ..... -- , _) N \ \ . \ \ CiC i. 1 C'r7 46Y 'N 667 • • Vlb ( V - -' - -:---- `` \ iv • V \ I A ;v1 i i .----.—.-----: : ' i ..---• --- 1 r O /r/e' • ,.. _ \ _,,, ., .. • \ \ • 1 . 6,00114 I " -1.i - Ate- 7'*•NO. • . LU t ile cee ) • k . • I \• . \ \ 5erv ,;.0 if,.;. 03. 1 . v( ' 3171# . \ . ______\ -- sew & k 1 _ .----- 1 - : 1 t e- !-?1:,,_._. • 1 ' -- / \ _„, ....:Pu 2 6 •• 8 'dq • 845.57 C • /z2.58' C.a.•Nco •••••• ./1 V°L. 10'6 . a a '‘ 0 0. a' 0-t4 gEr 1 5I - gAen Sheet t of r77,•?'"•• i t: : • , . II VOL 792rAGE 346 THE STATE OF TEXAS "• • • .. County of Williamson } , I, Jemacs Clerk of the County Court of said County, do hereby er- tify that the foregoing Instrument in wcitIng;'with jis certiftcgte of authentication, was fticd for record in my office on the 8th day of April' • 'XI:, 19 0 eal " o'clock P M., and duly recorded this the 9th day of APri', • A D .I9 BO , at t r i 00 . o'clock A M., In the Deed • ii Lds o( said Couniy, in Vol 792 pn 343 WITNESS MY HAND and seal ar'tbidgopgty Court of said County, at office in Georgetown, Texas, the date last above written, - JAMES N. BOYDSTON, CLERK. paty County Court. Williamson County, Texas • +Ia ZCC i,::.- nw— ___:S'w'i>> ?: s �i'Cl, }:T'.n e;e n'„'� �:� =.x !.'"ti•? 74: '...ROY NELSON 'f.3 S'AT2 CF' emAS, 50¢ 17 3 Revenue Stamps Canceled. o -o RqtA 7q TO D>:.0 - CITY ON ROUND ROCK 1 )0:.4 ALL T ..N BY T!i.:..: PR..0.O t5: COUNTY OF i (ILLIA):SON. ) That we, LeRoy Nelson and wife, Inez Nelson, of the County of Williamson, State of Tease, for and in ^_ono ideratl.n of the sum of Three Hundred and No /100 (;300.00) dollars, 60 us in hand paid by The City of 80,n3 Rock, Texas, o municipal Corpor ^.tion, the receipt of which 1s hereby acknowledged and confessed, Have grunted, said and conveyed, end by those presents do Trent, 3011 and convey, unto the said City of hound Rock, Texas. • municipal Corporation or the city of Round Rock, Williamson County, Texas, all that certain tract, plat or parcel of land, lying and being situate In tho County of ^,illia:rson and State of Taxes, and being more particularly desoribed as follows, to -wit: Poing out of and • part of the irlor A Holder League, and a part of that tract of land doodad to LeRoy Nelson by John ;Sorrell and wife Irene dderroll, by deed dated the 14th day of November, A D 1936, recorded in Vol. 295, page 38, Deed reoorda of Williamson County, Texaa, and described by metes and bounds as follw3: Beginnin at a point north 151.13 ft. and North 72 30' Bast 416.65 feet from a point in she west line of the P A Holder Survey at its intersection with the north property line of Libary Avenue, being the southeast corner of land owned by 0 L Brady; the point of beginning being locsted on the eostwardly extension of the north property lino of the alley between Liberty Avenue and Austin Avenue of tlm City of Round .lock, and being the southwesterly cornor of thta tract; thence North 398.61 feet_t0 a point for the northwester_ lye erne: of snia tract; (ft added before signing; 2 R L) thence North 72 30' East 458.53 feet to a point for the Northeasterly cornor of this tract; thence South 398.61 feet to a point for the Southeasterly earner of this tract; thence South 72 30' West 458.33 feet); the point of beginning. The above described tract belay; a parallelogram containing within its metes and bounds 4.0 ecre3 of land, more or less, and shown on plat prepared by J 2 Beretta Engineers, Inc. San Antonio, Texas, dated February. 1939. To have and to hold the •.bove described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said City of Round Rock, Texaa, their successors or assigns forever; and wo do hereby bind ourselves, our heirs, exe- auto= and administrators, to warrant and forever defend all and singular the said premises, unto the said City of Round Rock, Tex83, 163 successors saki assigns, against every person whor3oevvr lawfully claiming, or to olaim the same, or any pert thereof. Witness our hands, at Round Rock, Texas, this the 14th day of $bruary, A D 1939. LeROY NELSON INEZ NETS 0: 1 1 1 1 TITS sra:s ae Te'XAS, CCUITy 1ILLIANSOR.I refore me, the undera l;gned authority, on this day personally appeared LeRoy Nelson and Ines Nelson, his wife, both known to re to be the persona whoae mates are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purpos•so and eansideratlol therein expressed, and the said Ines liaison, wife of the said LeRoy Nelson, bavin; boon examined by re privily and apart from her husband, and having the ser_o tully explained to her, she. the said Ines Nelson, nnbnawled.od such instrument to be her act ant .fend and Aeolered that she had willtn signed the same for the purposes and consideration therein expressed, and that she did not wish to retreat it. liven under R haf.d and seal of office, this the 14th day or 1- ebruary, A L 1939. (I.) r It LUNll.L.I:1S Not•ry rrublio in and for tilliama03 County, Texas. }Slid for record Sarch 13, 1:35 at 5 o'clock p td. Recorded _'arch 14, 15 at 8x15 o'cl••ck A 0. • J 0 ,Y D L Noble, County Clerk, 0illtanatn Csu:ay, Texas. L :T -.MAN AID Cr. ORp ?!Alin' T $AS.•S:.!T CITY ..I• ROUND SOCIETY 01 :..):Li, ■ nY.Is: ALL veil lY THir: CO'.iN Y That t r onci in consideration of the sum of One (y1.00) Do11 rs to the undersigned Lutheran Aid and Orphans' Society, a Texas Corporation (herein styled Jsantor, whether one or more) ;aid, the receipt of which is hereby acknowledged, the said -Irentor does hereby .:rant, sell and convey unto the City of Hound Rock, Williamson County, T-v0, a municipal corporation, (herein -tyled lrnntoo), its successors and assigns, the rig. of ova; and eese- xnt to calstrnct, maintain and o orate a sanitary sower pia line and aopurtzlae• thereto, over and through the following described lands situated in Williamson County, State of Texas, to -wit: Our lands in the 0 :ley :ierris Survey in Williamson County, Texas, more fully des- cribed in deed from Trinity College to as recorded in Vol. _ page_ :and R of said County, to which reference is hero made for all partinent purposes. To have and to hold unto said lrontee, its successors and assigns so long as such lino and appurtenances thereto shall be maintained, with Ingress to and ogress from the premisaa, for the purpose of caistructing, inspecting, repairing, maintaining, and replacing the property of Orar.tee above described, and the removal of such at w111, in whole or In part. 1he said ;cantor is to fully use and enjoy the said promises, except for the purposes horoinbofore granted to the said ;, rantee, which hereby agrees to bury all pipes to a sufficient depth to as not to dntorfore with cultivation of soil, and to :ay any damages 'Texas,the prinoipal office whersof at 408 W.45th,St., Auetln,in said county and 8tate,for end in consideration of the sum of Ten nnd• iioflc0 1410.00)dollara, to 1t, in hand paid by . The,C of hound,Rook.Taxan.the. receipt. of which is hereby.. • acknowledged and confessed,and for other good an d.enfi:l'c1eXV. coneideratlons,for which no lien either express or implied is ✓ wtained,have granted,aold and conieyed,and by thes, presents do 'grant, sell and convey ,unto the said City :of uonnd hock,Texas, of the County of 4i111am•on,itate of 'exas,all that pertain tract, plat or parcel .of land,lying and being sltuated in the County of w i 1 .aeon, State of Texas, and being sore pettlf ulltrly described • as follows, to - wits •'! Bein 0.30 scree of the ?.A.Holder 3urvey,Abat.i 297,l1111aasoa County,Texas. - - t 3 0I{NIN3 at a^ stake in • fence and in the Hest line of f traot of b { acr.. desoribed•in a deed fro. Leroy Nalaon to the • City of Mound Hook.by deed dated'say 8,1939,No h 40.8 f..t'froa__ 3.il.dorner of said 0.873 acre trsct.which saidb•w•oO2'ner stands. 3.72 W 100tfeet from the 8.8.corner of a 4 sor.` :: .described in .-dead to tba City_of = ±brand Mook,of recordin yl ?d `Deed S.aords'of11�iiUySCA Caunty�?s s ► - S�o .R and _ 7L. .R .. . sJ1. ` Z.. Wig -... Ti iit g" 8. a 30 ''- ,kith e tl;∎ ie i 70:8 `to a Erna rictkut :; a"tb& n of thii t scti -'° !« __- - f -� - .poseur .Z - _ _ . . .,';. • t : • t r• tearn:.sTnoi ¢ eff --! Y•r• 1 er , Sear. THE STATIC OF TEXAS COUNTY OF BLEAR ; BEFORE EM, the undersigned author i cy , on thin day. per s ona 1 ly appear ed. Sew. Clarence Oe e tr eli 0 h, known to m s to be the person whose 'lass is subscribed to the foregoing instrument and awledged AO ..'that be executed the asma is the act and Illtn dee Lutheran Welfare Society of Texas,of initin.Travis County, Tex and as the_preeldent thereof,and for the Ourposes and considerations therein expressed. I de.= ,O MX liAND AMD SEAL OF OFFICM,this 7 . day of .A4tegeopc.A.D.1214. . P : 1 • ....„,. j 4 t;.'ite." • • -1 -1. - NcIARIINIKIC, in . &ad.!' or Bazar Connty,Texas. .: '- ' ' . - *.sAME L - 1003 - - • . ".31:70 ` :, ..• - "i . '' &hey Par.q Mpg Coolt Two!. . 0 i . 04". ..,...4-7. — - , r2: - . ,. --: Co gc:rei■lif 31; 1;;Stc "A• -5:1 %:-+=:.:- .-. • •:.., ....; , - ... .,-, • • • 'Ve-g•rf4".",:kX TO 4 leusel!' all and singmlar'thir rtg#is app4tenano■s thirdp in igplie belonging.tulto the said. City of. acranci Nook„Taxas„th•Ir successor's and assigna,forevmr,and the Intheran.Welfare 3 oolety of Texas does hereby warrant and forever def end all and eingular,the said . land - and' ;as unto tile "Ltd City of Uound l000kTexas, their sudoessor• and assigna.againat every person' mhomso•Ter lawfully claiming or to claim the sams,or atty -- ---- III WITNESS WHERE07,the Lutheran Welfare Soci•ty of Texas aforesald.have caused these pr••ente to be signed by -- Be•.Clarence Oestr•ich,it• preeident,thereunto authorized by vote of said corparation,and its common real hereunto affixed, this ?U. day of Se ptember Vide. Lutheran "eelfare Society of TaXae P,., .71 n' 9 VOL 909:: =_ 810 . WARRANTY DEED: 953 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON • That Lutheran Social Service of Texas, Inc „ a Texas corporation, of the County of Williamson and Stateof'Texas for and in consideration of the sum of TEN AND No /100 DOLLARS (510.00) and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which{is hereby acknowledged. have GRANTED,. SOLD AND CONVEYED, and _by these presents do GRANT, SELL AND CONVEY unto The City of Round Rock4 a municipal corporation. of the County of William- son and State of Texas, all of the following described real property in Williamsbn County, Texas. to -wit: Being a 3.974 acre tract or parcel of land out of the P.A. Holder Survey, Abstract No. 297 situated in Williamson County, Texas, and also being a por- tion of a L3 acre tract conveyed to the Lutheran Welfare Society of Texas described in a deed re- corded in Volume 295, Page 549 elff the Deed Records of said County: • Beginning at an iron pin found by.a fence corner at the "`most easterly ell corner in the East line of said 43 pore tract for the Southeast corner hereof. said point being in the North line of First Amended Addition to Trinity Place. a subdivision recorded in Volume 2. Page 1L7 of the Plat Records of said County: THENCE o 72 degrees 30'20" W. )along a portion of ahe South tine of said 43 acre tract, 684.36 Net to an iron pin set for the Southwest'corner hereof, being S 72 degrees 30'20" W, 3L.l 6feet from the Northwest 'corner of said subdivision: THENCE N 42 degrees 49' W. 152.86 feet, to an 'i•c,on 'pin set for the most wes,tArly Northwest corner hereof. being in the South line of a 4.0 acre tract conveyed to the City of Mound Rock described in a deed recorded in Volume 29L: °:Page - 378 of said teed Records: THENCE N 72 degrees 30' E, 378,92 _feel along said South line to an iron pin set for the Southeast corner of said L \0 acre`ract, being an ell corner ., hereof: 1, THENCE North 222.96_ feet along the East line of said 4.0 acre tract "to an'iron pin set for the most northerlv'Northwest corner hereof, said point being the Southeast corner of a 0.084 acre tract surveyed this day and also being distant, South 7.75 feet from the Northeast corner of said 4.0 acre tract; a - VOL J09PecE 811-• THENCE 5' 8,9 degrees 48'55" E. 401.23 feet to an. ron, pin s�t under a fence along the East line of said '43-acre tract for the Northeast corner - hereof;. • THENCE •' degrees 10'4" E,',249.36• feet_ along said East line to. the Point e•£ Beginning of this desi ribed ,tract .containing 3.974 acres of land more • _ or less. - TO HAVE AND. TO HOLD the above described premises. to- gether• with all arrd - singular the rights and appurtenances - thereto in anywise belonging, unto •the said grantee: its 'successors and asstgns forever; and IL 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 ass tgns.• against every person whomsoever law -` fu Iv claiming or to claim the same or. any part thereof. Tht. : onv cyani is subl COI , to t,hc following: In the event that iaranirr.rr.t;es 10 usr the property conveyed herein as a sewer pl,utt l hen to 111,11 event, title to the property shall revert to Grantor. y 1 EXECUTED this �/ day, O f' .)�t^ , A.D. IRaO. LUTHERAN SOCIAL SERV ICE. C TE. C. B % C. Y • t Charles Jones, P ft. at Board 'of Directors THE STATE OF TEXAS ' COUNTY OF W ILL IAA15ON • Before me, the undersigned authortt.., on this day person- . . - President •- ally appeared Charles Jones of Lutheran Socr.rl Service of Texas. Inc.. .r •corparat ton, known to me to be the person whose name I subscribed to the foregoing I nstrument, and acknowledged' to HIV that he eiecuted the same' ton the pu Fposes and considcrat fen therein ex- pressed, in the capacity therein stated and as the act and deed of said corporation. - Given under my hand and seal of office on thi the day of .t-es c , A.D. 1980. Notary Public in and for Williamson County, Texas it• - •-•• -•" .2 • , .. ' . ........., viirs•519-gi.krt . •-rinty - • , i • - ' ".., •••• ...jaf•Iti.•1/43:•- i4,•, i' -, . -, •ii clz •-. - ••• • s -.0. - •••••••n— - ( ' ' s I ' '' '• •"'• 1 ?,, i s• ' '-z- • ^;.: s . . • • . • -• ' - . ' 7 :, • 711 . ' • THE STATE OF TEXA .. • ' . - • . of Williamson } 1. James N. Boydston, Clerk-of the County Court of said County, do hereby eel - ' • . • tify the foregoing instrument in•writing, with itreertiEcaierii.anthentication. was filed for record inmy office on - . -, I P, i ,r 15th d, o r March A is ; . 83 .. • 8:00 • o'clock_ls_ ht.,..and recotded thts . ., Ck.) March A. i : ...,. al : 20 o•clock_TI._ ht.,In the • • .. CC,. . ths- • 1 . • 0 De . 'Records of said County, in Vol. 8 ° pp 81 ° C WITNESS MY HAND and seal of the Catnti Court of said County. at office in GeorgetOwn. Texas, the date - < laspbove . r t t t c n . ,./ 1' • JAMES N. BOYDSTON, CLERK. . /- • Ely Deputy County Coon, Williamson County, Tams . . .....— • -- "•`c., •. oill4 •,•• < 1. • 1 ••. • • • •; al, r • • v. ; 7 '• DEED• OF- EXCHANGE . 01 909 _ 'STATE OF TEXAS " � .BOUNTY OF WILLIANSON• This Deed of Exchange dated the I day of J w„ 1980, executed by and between the City of, Round -Rock, ' • (City).'9. municipal corporation located -.. in Williamson County, -' Texas, and the Lutheran Social Service of Texas,-.Inc.,'(Ser= • : e; . ..c = , 41..11 7' 7r ;c, . vice) a Texas corporation, - - - -'._ - - WITNESSETH - ' t 1 .A I. - • . Definitions - 1.1. City and Service covenant and agree that respec- tive terms shall have . the - following meanings; unless conteht otherwise requires:' • - ' (a) "Service Tract" shall.'refer to .that certain - tract or - parcel of land. containing 0.049 'acres ' of land, being. spedifically described - in Exhib- '.it A attached hereto and made a part hereof, .and -to an access easement over and across - a certain tract or parcel of, land, •beiny•speci- - .fically described in Exhibit.E_ attached hereto, and made a part hereof. - (b) "City•Tract't shall refer ,to - that certain tract or ,parcel of land containing 0.08 acres., of. . . o land, 'being specifically described in Exhibit C ' attached hereto and made'a part hereof. , - - - Artie; II - . Conveyance of Service Tract " 2.1. For and in cdnsidera of- the premises., and,to ,. - effect, in part, the exchange of properties of.1ike kind, the receipt • and sufficiency of which- consideration are' hereby acknowledged and- confessed, Service,. .by these presehts, does - Grant •and' gonvey unto 'City- the Service Tract, including a . - • roadwak i and public utility easement over and across the tract .. a qq _ • .., describd' e in Exhibit's:: • - _ , 1 'TO HAVE AND TO HOLD the Service Tract, together. with all •and singular, 'the. rights and appurtenances thereto in anywise ,spa vet .909ME.824 - ; rbelonging,' hnto"City and its successors and assign forever;-'- and Service does hereby bind itself,' its successors and \,' • assigns,' to Warrant and Forever' Defend the Service Tract,• unto Cit acid e fts successors. and assignagainst every' person whomsoever lawfully claming or to claim. the same or any part thereof. Article III. ,Conveyance of City Tract - 3.1. For and in consideration of the premises, and to effect, in part, the exchange of properties.of like kind, the receipt and sufficiency of which considerations are hereby . acknowledged and confessed, City, by these presents, does Grant and Convey unto Service the City Tract. . TO HAVE AND TO , HOLD the City Tract, together with all and singular, the 'rights and appurtenances thereto in anywise. belonging, unto Service, its successors and assigns. forever;' and City does hereby bind itse'lf, its successors and assig�is • to Warrant and Forever Defend. the City' Tract unto : Service T , its successors and assigns, against every person whomsoever . lawfully claiming or to claim the same or any part thereof. Article IV. Miscellaneous • 4.1. City and Service agree with each other, that.with- out affecting the liability of•any part hereunder for.mone- tary damages in the event of a breach of the warranty of title herein' made by such party, the ''party, to whom'any property is purportedly conveyed hereunder shall nst hold'or ' be entitled to any vendor.'s lien' (express or' implied)'` or • ' right of rescission with respect to any property herein conveyed'by such party in the event of failure of title,.in - whole or in part, to the .property purportedly conveyed to such party hereunder, and any and all such vendor's liens and rights of rescission are hereby released and relinquished by City and Service. l YGL, uuupAGE -ts a - ...:7 ,x }4•:5,'r :' �'�::' _.°'� _ T- - r -` . -' - . - •. . xe, 8ed;.i "n° mg copies, eacri:o €; "wliich.�•sh'a1T.. be.� s an ..original -fo P; ll,•purposes:, %. the.-, ,day"-end ereiny -F _•' _ ;� • °S •k ".4i`� V+J +�'.: � `-� .a 'CITY OF',ROUN CSty- Secretary - Charles Jones SOCIAL SERVICES OF President, S -cre i ry. -Lila Collins THE STp OF TEXAS COUNTY OF WILLIAMSON , • ! - • . BEFORE ME; the undersigned authority, on"this day person-_ - ally' appeared Larry L.. ,Tonn , May -or of• the'CiLy of '[found Rock, . a munic }pal corporation,- known to me' to be the - person whose ' • n is . subscribed -to the foregoing, iristrurtent, -and -acknowl- • - edged Ito me that he executed the same -'for; the purposes-:and - consideration therein expressed, in • the - capaci there.n • state(d' ands as the act -arid deed of said,, corporation. : - - f . 1 ! ' Given, under my hand and seal of of €ice on 'this the /f "`: 7 'day of • I / !`, ( ( J - , A.D. Notapy��r Public in ai or • • - Willl arnon County, Texas THE STATE OF TEXAS •' COUNTY1 OF WILL IAMSON , - r . BEFORE ME, � the undersigned authority, _on this day person-, ally Charles - ' . , President of Lutheran Social'Serbice of Texas , Inc ., a corporation, known to mee,to.T be "the' • iersdn 'whose: na is -• subscribed to the foregoirig: - instr and acknolwedged to me that:he executed the same` - for= ti o k purposes and ,consideratin - therein expressed, iri - - - capacity , therein stated 'and as. the act and deed of - Said ,' - =' corporation. - Giv n� _ u � nd � e � r my hand and seal of office on this the /9-,,, day of , A.O, 191P - - r I• 9.1C ; I . :- N otary Public in and for -- ` -, :'Williamson County, Texas i • , ,.S ,„., ..5,...--..,:i., - 4-- ..:*--. - __ __:.--,,,,,vsresc.---4‘.r.m---°. - --;:i•P'-,-- ' . , - i • . • , - • '. VOL - 9096# 826 . ' ., ... • - ., ... .. . .'' 1 • FIELD NOTES FOR THE CITY.OE ROUND CIC, TEXAS %fl LUTHERAN WELFARE SOCIETy TEXAS • . ....: , • , . . .. ' - • - . • • . TRACT ONE . . . Being a 0.049 tracct or parcel of land out of the P.A Holder. Survey, Abstract No. 297 situated in Williamson Countli,'Tekas, and alsd being a portion of that tract conveyed to the Lutheran Wettare Society of.Texas described in a deed recorded in Volume 298, Page;$49 of the. Deed Records of said. County and is more particularly desqeibed by metes -.. and bounds as- follows: • ' . Beginning at the Northeast corner Of a 0.30 acre tract conveyed to the City of Round Rock described in a deed recorded in Volute 548,.Page. 475 of said Deed Records for, Southeast corner hereof; . . . . p- • ', THENCE S86 16.70 feet along North line of Siel'..0' acre track to a fence corner for the Southwest corner hereof; . - THENCE NO3°35 40.41 feet to a fence corner for an ell corner • hereof; . • . • • ' THENCE S89 8.92 feet to a fence corner for.an ellcorner - •hereof; THENCE N00 144.47 feet to a fence corner foi the Northwest' corner hereof; I. .. . - . . • , THENCE S89 9.58 feet to an iron pin set in said fence, being. in the West line and distant, South 6.03 feet from the Northwest ; • corner of a 0.873 acre tract described as Second Tract:jma Save and Except clause in said deed recorded in Volume 298, Page 549:. THENCE South 183.66 feet along said West line of the 0.873 acre tract to the Point of Beginning of this described tract containing 0.049 ' acres of land more or less. • • • • . • I, Timothy E. Haynie, A REGISTERED PROFESSIONAL ENGINEER do hereby certify that these field notes and attached plat accurately represent the results of•an on-the-ground survey made under my direction and , supervision the Ilth day of January, 1979. All corners located are as shown. There are no encroachments, conflicts'or protrusions • apparent on .the ground except as shown. • . . • 1 , ' -. • HAYNIE 6 KALLMAN, INC. , ' • ' • EXHIBIT A Timothy . Haynie, 1 -- "N . Professional Engineer No 3 . .1 — t t — 1 3 Date r - ' EMEN Being ;a., fifty (50y• -foo for the_purpose Pf the' constnc� -, L ion th d maintenance •ot; public: utilities and a• roadway;, to a ;0.30 £rac_t' conveyed' to the City ofs•ROUnd•ROCk described in a' deed- recorded :in Volume 5?18, Page 475 of%`tlie'•Deed: Records':of williamson - Coynty,, :Texas, , strip •Lying upon a•portion.;of that•certaid 43 acre tractconeed to the Lutheran 'Welfare •Society•of TexaS described in a deedxecord@. in_; • Volume 298, Page 549 ..of said Deed Records', said easement Is "'Sore fully described as' lying' fifty (501 of and.-adjacent its '. South des.gribed ae•fo3lows:.• ? - Beginning at•a point iin,the West line of said 0:30 'acre tract for the •� Southeast corner and beginning point of this described Sotith line, • .. said point being NO3 °47' 30 "W, 55'.•17 .feet ' f r o m the Southwes E. cornes of'= said 0.30 acre tract; .- 1 1- THENCE 5.16 °32'20 "W,.240.9 feet along a' fence to•ari'iron pin found :by. • -a fence e - corner post in. the West line of said. 93 acre- tract for the • 'Southwest corner and ending point of this description. ' •I, Timothy E.. Haynie, A REGISTERED PROFESSIONAL ENGINEER, do hereby ' certify that, these field notes and attached plat- accurately zep[esent 'tpe results op an survey made under - • my direction and"" • uper4fsion on,the llth d A ay of 4anuary, 1979. corners located' are as shown.' There are ne encroachments, conflicts oi - .protrusioris• , 'apparent on the ground except as shown. - _ - . HAYNIE 6 HALLMAN, INC. . i • * • • Timothy E. Hayniei /' • Professional Engineer No. _ ,36982 ._ -CS* : TRACT TWO ' ,•, . 675., Being a 0.0g4.7 cre tract or parcel f ancrbut the HOlde 7 -F , 0 . Survey, Abstract No. 297 'aitit-Rted in .11' Illamson- Countk, Texas ,..„and CZ .alsO being a Portion- of a 4.0-:4cre. tra .67Cod#ei to:.the,city tie'RoundSk Rock, Texas, described in a deed .recoi ed in Volume 294'ir-- th'e Records of said Countig=and afo,being'a' portion of a!0.873 acre,pract,described in an unrecorded eed from Leroy'Nelsoil to :the.J.A; City of Rodnd Rodk datectMay 8, w ich described. as.'Sed'ohd.Tract in a' Save and Except clause in', deed o thelLutheran:Melfare:, Society .' of recorded in Volume 298, Page 549 of *said peed ... ..!...2_ • , --, . ,, Z.-.:' ,....',,qt.' • ''''.• • • - .... Begpnning at the Northwest corner of's id 0.873:acre traCt being thV•Z most westerly corner of a 1:03 acre tract conveyed by tityof ' .- ..' . ' .. Rock to the Lutheran Welfare Sod ety of Texas destribed.in volume:472, Page 677 of said' deed records, said point being (the .., ,Northwest corner hereof; 1 ... •• • , •• • . - , - • THENCE East 532,49 feet to the Worthegst corner of said'4.0 acre tract;,:. being the Southeast corner of said 1.03'acre-tract and,the.Noltheast- corner.herdat; , , . . . . . • • . • . THENCE South 7.75 feet along the East iiiie of said 4.0 are tract to-, an iron pin set for the Southeast cornIr hereof:- 1 j . ' , • - THENCE 1489°4855w, 532.49 feet to arraron pin set in the•Wed't line • of said 0.873 acre tract for; the Southwest corner hereof, said point being the Northeast corner of a 0.049 acre tract surveYed'thp day; THENCE North 6.03 feet to the POint.of Beginning of ttila tract containing 0.084acres of land more or less. ' ': ..-• ..• • • , • I, Timothy E. Haynie, A REGISTERED PROFESSIONAL ENGINEER; do hereby ■'. certify that these field notes and attached plat'accurately represent: the results of an On-the-ground survey.made under my direction•and supervision on the Ilth day of January, 1979. All corners located ' - ' are as shown- 'There are no encroachments, conflicts.or protrdsions - - • apparent on the ground exceptas shown.. • • . . • • . .. . HAYNIE S HALLMAN ; INC . - - . ' . • . ' ' ! Tamotlw . Haynie,. .Professional Engineer Ito. 36982 • ' ' THE STATE OF TEXAS . . • County of Williamson Jame; N. Boydstnn, Clefk of County Court of said County; claeiebi cer - • tify that he foregoing instrument in writing, with hi cenilicate 0■7tieenticatiOn. was filed or record in mit office on the 15 til • day of March A 6 ' 83 .t 8 : 00 C I Oek LM..aUdWyescorddsh5 the 15th day of March A D is 83 a , 1:40 Pc_P M., in th '• ' Deed • ' • • Records of said County; in Vol 909 pp 823 WITNESS MY HAND and seal of the County Copt of said cOunty. as office in GeOngeiown. Texas. the date ' • last above written. • V I ' By a.l...a.,net/V/4:24.71.14;42-0.P.uW sAmHs N. BOYDSTON. CLERK. County Court. Williamson County. Texas. ' " .....—. • er W 111. a >°M1 County, %%raf hereinafter eilled - Grantor," whether OM or more, in mmideretion of the advantages which will acme to Grantor from the construction of the electric diotnbudoc line and telephone line hereinafter, describe escribed. hereby grants to TEXAS POWER & LIGHT COMPANY. of Dallas. Texas and the an easement and right of way for an electric dttnbudon line. and all of deaffable , appurtenance, and for a telephone line and appurtenances i m tenances upon over and ac Granto sland the 41r.U..r 1. ,uo. 4l Survey, Abstract No slV County, Texas mom padcalctp drembed In deed Prom /e,. j , /do. 0 via m e c Pea., ...5.. „eL, . dated 't .1 y 14- in 3.9 meoraea .n eo '29 p .376 D..a ReeoNa of said County The center line of stud distribution line and telephone line shall be iodated across said land as follows. Begmning at an =dating Texan Power & Light Ccnpary pole GL8 # 2 316 6 install one additional gay. Beginning at en existing Ten Potnr & Light Company pole Gig # 2839 318 8009. Thence in a Northweeteriy direction for a dieteaoe of 110 feet to a Texas lower & Light Company pola'and its' atttached gay. Said gray to extend in • Southeasterly direction for a dietenoe of 30 feet to a guy anchor. Beginning again at aforementioned pole. Thence in a Northwesterly direction for a di.stanoe of 95 feet to a Terse Power & LighW pole and Ste' attached gp. Said e y to aatecd SII the sem Mertllsasterlj dire im�or a dlstatdoe of 30 feet to • p anchor. p _ KNOW ALL MEN BYTE 38 PRESENisi • ar.cormEn5 lagatOnaOr077.4 - — An or p.a.vts et rest cat - 1 • • kink Ine sene.H...= eau y opriating r ':•.' ,Ll toad if an ar.c. all cner and ;I il TO HA of said lin ' XEC il The d direction • • ...Lc. - • •• :14 Z 7..t.r: ZO. Stice toot Zir - ..t.vd; dt :aCardeetf.e..,r...4 ete . . •r e. syda, 7.aoL b;•,;0:1::radng 1 ..;:;`... L •Ind arraern1=' 11Frtn,. „. y. .4 4: Faii4 doadep,an,n1a,i+.7."..:.„Ida - • .• • • . r. r •L• t cr,ar: ..tre.e...n...1 ...as z pagan ior =et • • _ c.; eifItta lia•—•aria at:n:1e,-; 7.1 • • ',liens re ai r r- " „ • • , '••• d Laic: eaatnin1=..• lea gace Lt. . , •.: cat . tr.% --1 • 7 2:: i!- L. - ••''. -. 7l, ' . ....,• -.. , -- - `...±7.:.-K---, - , : - f , t,' .....A.;..-V:,...ff.: , .. , :. - ...,,..-:•..-4 - -, ',.'F-.:-... — .....- - 1.-. , •• . - -". -- . - ..- . `, . . ■ e^".....Y . , a .. glild'f. ,... ‘ ' 7 „ : ''.'-'-' r. . • '..- t: . • L :.-ai .1.i.r .. .es •,at_Ri ''. ' '4-3 ,:;• 7 ._ • '-': ; -, •'4' ;-. "3:l.- .; ..-, ...' -_. It , ._ 733 rr.z7 . 1. • . 1-• The above dembed property- mommies no pea of my L6mes[o3, it ,,- ., i ii The description is based on a pselimioay survey, and it is undwood thitGnauea may relocate eddHm la to�o' at y direction before or a any time after raistnsetion, end may relocate aay"t ' fts structures dmgthe rubes.- dDdw " �, Grantees dud ham the light to erect Z aluba. and 3 ' Bnlr melanges etaCthe une of raid line, togetltervith the right of urges and egrets for the of conm o,"i • uctnmpmring,1mfiq, pect mdntihting co opeating and teeming raid lines and appurtenances: the nght to retoor a eud vises in the ®e retatleepodtioneoany adjacent -mad rf and when said mad is widened in she future. and the nght at>II t ea to cut away and keep der ofaaid bent and appmleo- arces all trees and other obstructions whkh, in the solordgment of Grant m deem or interfere with the proper mama. aria and operation of said lines • TO HAVE AND TO HOLD the above droned easement and right unto t sad Gtinteea, then summon and aagm, until all of said liner shad be abandoned. EXECOMthn �\- day of :IN k. • A.D Iy_Jt • CEICTIFICATE GP tChNON I F.OGMVSTFOR 11111 INNOCIATION, CHI RCHIC.i. 4 Hot, PlvTHICE.N, Env, 733 r:-7T- Mae aye Tat- exec:nee Inv van, v. the att ern. ev, f .: I ,.• O' .Z ;GC/. :Icy Manager GIVEN CSVER VII 04V14 ,I..... • • • • • /In . vs .r 3■1 4 .7 I :'..t• • :I. I ' Lxne, A2uij ! • ..' one ',Ad r., .1.. di i I 1 amson THE STATE OP TEXAS 1 way el WIEfansson ,■ . & 7.6... 1. Dlek Cervertke. Clsk stE We arentr, crect et tate Caw, do beret, meat tam te. f0e.101.. b.....0.0on . .nne... .445 IN eon:tate oi •uketeticellee. ne,Elled toe recent . ter.otlIte n. 13 te..741.(au.,-.U15...:.0,1:dc :ale an0 duly recereea ea A. D .' lil ,C7:1140345 p u... the _ , Z.., \ \ I c • i — --. . _z_._ Am/ ot ...Id 31551. /'V0(. 733 00 797 WITNESS KY ILIAD awl nel of Ho C.Welte Cel9/ et ode — tojialr. et offloe In Geonoulen. Texas. the eats last above writ.. • _ 71 for sod 4. Imac by thee Tex••, b. number =ems SVO/C clement. .1•Ied Recent side Crn•• a. Sa proper Ferrel Th Th. Be, CO a g• Be CO a p. being acre C At • of the made TV Exhibi TV senlh, the e) along d. improvt locate • ham, other 4. .enane• TO ”eee•• fail t EX eorwtown gide Company, nc. VO L472 7. mCtIK, - DZED---7L1:7.:EL.",.: WELFARE , 71* OF =AS 7(7 1. .37ATE OF. IZZAS ; • CF =“ Aye ZEN 3 7:E:3E That the :ity :0 i-on i ;..c1: municipal cor;oration incordate- under the la,s .f the state of Texas, th . rinci.s1 office. ,thereof at rou%o ..ock,in said county State, f.r a;° tm cansi.eretton ef tne sum cf ie., and No/I:C ,..:C.:0)d.11ars,to it in I :ai. by Intnera.1 eelfare Society .0 :enas,t!., reisi.t .f nereLy ac-nowled, and fully tamfessed,and for othe: a..; , onsi;erations for ▪ na lien either ex,ress .r :,,fled retained,have Se= a-1 :V.EFED,aM ay taese tr,sente do JRANT,SELL and CCNVEY, unt. tne said Lutheran oelfare 2...tety 00 Teken,of the .. of Traei.,State of Texas,e111 t.at ce:taim tr-ct,;lator 7.arce1 lam.lt,lying and beind situate.. in the Jaunty of Wiliiemson,State .00 Texas,ani beinz more ,;artioularly described as follows,to-wit: 1.C3 acres of lanr1 out of and a ,art of the I Sureey,Abst i297,in I,Illiams.n of the N.E.corner of a tract of 4 acres °ascribed in a deed to the ..ity of • recor: in 7a1.244,.cae 378 ,eed necords of .illianso .;ounty,Texas,aad out ..d• a tract of C.673 acres describe° in a need from Leroy Nelson to the of ..ounu ilock 'by deed dated • 3,1e3:,nct reccraed in .:Jeed Records of ailfiamson ..aunty, Temas,aurvayed on the .s,ound by d.F.Forest,hecistered iublic Surveyor y 111,in Jul:. of 1e64. 53GIZI.N3 at the B.E.ccrner of said 4 acre.tract; TLESINCy South 168.feet to • point in the, East•line of the acre tract for the S.E. corner of this tract; TFZNC3 West 532.5 feet to the U.W.cornsr of the 0.873 acre tract for the :Jest corner of this tre TIM= N.72 E.$58.33 feet to the ioint of Becinning. • =ETHER with an easedent,Ovar;upon andaanOrliv.ths_land _ ownad by the City of Hauhd Rock,TeXae;frometel above described - and conveyed tract of.lehd aptrupwim to Besby Creek the uee of mute bf the above land,for,passage Of7iiiisiockto‘iater. •. `` :• • , • City Secretary TH7, STATE OF TE:r.A3 ZUSiVri OF WILLIAmSON: g eorgetown gide Company, T.0 HATE AND TC ' the above described premises,together with all anc singular the rights and a,:purtenances thereto in anywise oe:ongino,unta the said Lutheran .elfers Society of Texas,their nucoessors and assi3ne,fOraver,and the City of Round hock,Te.,as, f:es hereby warrant ana forever sefend ,11 aad singular, the said :and and preadses Unto tke sat: -utheran ..elfare Society of TexLs, its succe.sdrs person ahomscever laTfu:ly claiming,or to elalt the same,or any part thereof. af , ock,Texes,eforesaid nave caused these ,resanta t as signed by martin mnderson,its layor,thereunto authorized by a vote of the City Council of Vtid aon1c1 pe1 ,1ord5ration,an, its common seal hereunto affixed, tut. day of Seciember,m.D.15,64. C 4- 4; :ea. /10 Z, the 3v Its mayor uncersignea authority.on this Jay personally a:paared ..crtln mnderson,known to me to be the person whose name is -subscribed to the foregoing instrument, and acknowledged to me tcata ne executed theaame as the act and deed of The City of.nound -oc:,,Texas,of mound Rock,dillianaon Lounty;Texas,and as tne mayor thei'eof.and for the purl...see and consideration. therein expressed. GIVEN UNDER Air HAND AND SEAL CF CFFICE,this . . , 0"- day of Septembe — A:11.1964. .NOT PUBLID.in and for Williamson Connty,Zexae. VOL472 ct- ae- to 11 sal. the of et L. aid County a.4 State, on this day pe emally appeared Charge IIoC1din. keen to me to be 7 . 7 caveat Roes nave is anbseribed to the foregoing instrument. and aokaosladged to me that h• .xacntad tee ease in the 0paolt7 therein stated, for the purposes ad eo0eld.ntien Lhasa caressed. diva under ny had and seal of offloe thin 10th day of September, AD 1945. YRS 71M& 172111318, :Rotary ?obits. 111111aas0e County, Teas. Piled ter raters Sept 1 4,1 9 9 3, o'clock ).. w o k, Recorded Sept 17,1945. 7d ., �I1 a M.. 0.pu07. J 0 0 C 0 MITER, Clerk Comt7 Court 71111asson Camt7, Teas. CTII OP 710365 3020 MUM= Tmse POffi d LIGHT CO. ROOD ROCS, MLR 10891I7 1.00020 14,1945. •1 • Reg,lar rating of the City Camel/ of the City of Round Back, Teas, Laid e. _., city 411 os the 14th day of August A 0 1943, the follo0104 .are present, 60203 C D Anderson, 3 3 Sager, ka7or P.T •lderrn 3 L Stockbridge Jack Jerdao, City Secretary. nod among the proeeedlegs ad was the fo11e.1ng resolution, offered by B L Seocki'idge aeeooded by C D A.dersao, which as mmnimoosly adopted by the 6011 City Council, the resolution rads as (011,00, RRSOtarIDHs Maras for the COnveeien0e of Citi 04 for the Benefit to the said city 11 1e 1 .12.4 that the city of Round Reek, Teas, grant a easement along and aoro.e its property It the rie101t7 of the eaater6 boundary of the said city, aed Iher0s, the Texas Power ad Light Capaey has agreed, .nd :owe in fact extended the_ •leetrl0 11,. to serve H B Da11ey, one of our eitite0., Rom, Therefore, 1n ...ideation of the advantage. *01eh will 000100 to said city 17 the 000•,0021,0 of said electric service 11oe by the 7eas Peer and Light Codpo7. Tow. '107 Coumil of the C117 of Round Hook. Tea., doe. hereby .01001sa and direct that the year, 1 i Rocker, execute a0d deliver to said Tea. Poser ad Light Compa=ny ao .•aeeeot for the 7......-ptms stated above over the lead described as follws,toeits Being a description of Teas Power and Light C00pan7es Rural Tap 11ne Off 1:0 100 3.•rt Rouen Hock distribution ilea .. whom as Rap TC 15003, Sheet 2►, as nee located sod ass e:'d area the property of the city of Bount Roth, Teas, in tae P • Bolder Survey of 1[1111.00 1 e County, Teas. Begintlrg •1 Teas Power & Light Conpa,ge0 dead end pole 004 SCa .ttaeh.d 997 tow 11 :TT property of Coe city of Bound Reek, located •1 Survey Station 11 pl.. 12 ,gals 0 910. 00 Thy. In • I•rthwesterly direction for a distance of 28 feet, nor or leas, to gel .000cr. Thwee. in • Southeasterly direction for • distance of 237 feet. more or less, to • polo[ 1c south Property line dividing tbe lad of the e1t7 of Round Rock and Trinity Loathers Hone. 3.0 point being Survey Ration 2 plus 37 ad heated 541 feet, her_ or lees, meet of a southeas property corner of this property of the city of Ram Rock. Approved, Lust 14th. • D 1945. 1.217326 (signed) 3 I =AM, I. PT Aped) Jack 17.0 0 Ream Secretary. THI o1'n OP ROOM ROC% ) ) coma or 11112433;,, ) OF xizAS ) • Jades, City __. _ _ JOek Secretary Of the City of Round RxY• de hereby eert3f eit7 to tb. Yea Ss • true and a. wear K0 10O IT 1945. IV SLS OP COOPff OP TILL/ Tflat C edventages 0010 distribution 11 do greet, sell ,Louis trans. mesa./ or dt thecae* and tons ow la orlbed laths 1 2.1ng toned lack 41 stress the pre :met7. Teas. Baia the property 0 Ttenea in • 0e femme in a . a meth props: S*1d point be property corn rot sore tan Together mitt .right of may on wires 00, lime in the right to rout or ay Inter: TO : Its aucceseor And to arrant az the mid Can- er to claim 111 ts) 'sled std Ja THa STATH OF 003173 OP I: s93 04 I ' T1•0Taset. certify that the attached Resolution granting ao easement over the property or the dtl to the me. Pbaer 3 Light Oasgspy for the papas of serving H R Delle7 with elect:130y y • tree sd oast now of the reeel0tion relating to said eub]eot atter we as passed at a l.ar l.r lettfmg of the City Connell of the City of Road Hoek, Tsaa, on the lath day of August 00 1915. JaCE JOaaa City 0.1.tat7 of the City of Hood 00010.7esas. ..� tali! 01 TRW ) K 1 ALL RD BT MESH PRESENTS: 1O0af O7 i1LL35Z501 ) met City ey Paul Snell of 1111t•oeen County, Teas, for and is eooaidsntion of the ad+• _ wh7.h mill acre. to se (u.) by the 0 0etruut105 of the •1etr1e tr.0501aeion •oil /or distribution line hersi aftar described, h... granted. sold and conveyed and by thew prss.0t5 de gust, ..1L sad Cooley nate Teas Poser & Light Company •u easement and right of say for 0 ,Letrts LrayaUdoo and/or dintrtbotion line, consisting of variable oaabers of sires, and all s.s•.ary or desirable •pp:rt.000e4 (including poles mile of mood, metal or other aterials, Wephm. and telegraph entree, prop. and guys), at or mar the location and •1x00 the 5.neral vase mow lohet.d and Baked met by the m14 Company, over, across •t] upon the following ae- rial lands 16eated is 111110000. Conot7, Tea•, Galt: Being • deseriptioo of Tame Power a Light Coo1 Rural Tap L1178 aft. of the lotto- hued Roth dietrlbatloo lime as shown on Rap TC 13003, Sheet 2A, as eau located end surveyed sena the property of the city of Road Rock, Teas, in the P • Holder Survey of 01llierr-0 2wnt7, Teas. Beginning at Mae Poser & Light C4wpao1'• dsed 101 pole am 1t. attached guy ova on a property of the .1.11 01 Roaad Bnck, loct.d at Survey Station 11 plus 12 .qualm 0 plus 00. Teta is a aorthee•t•r17 direction for • distance o5 28 feet, more or leas, to guy anchor. !peace in • .o.tbast.rl7 dtreailed for a dlatanes of 237 feet, more cr less, to a point in • oath property 11.. dividing the lath of the city of 0000d Hock .oil T Lutheran Pam. 001d point being Smyth Station 2 plus 37 and located 641 feet. more or Lea •.et of • •••• pn 0117 corner of thin property of the city of Round Rock. aortal right of a7. let sore the. 0 Poles. 0 rte a, •sd 1 gals. .hall be erected along 1h. caws 01 said line. 705.00a- .ith the right of ingre•s end egress over my (our) adjacent lands to or from said rlyt of say for the purpose of eooat1ucting, reeonn000011 g. lnapetting• Patrolling. tangled a.. area on, attaining and remo.ing old lines .oil appurtenances; the right to re -loess the lla. in the ante relative position to the adjacent road if •oil •e widened in the future: the r:r'�d to resovs from said lend all trees and parts 003005, or other obstru011005..1115 er 00703 s a7 interfere with the 511001ency of a1d lines or their appurt00.n TO 111.03 AM TO HORI the above described easement and rights onto the aid Ct its 3x00050 a 3rd .0.lgn, notll said line shall be abandoned. and laird repreaa taclvea, A.4 1 (se) do hereby bled myself (ourselves), so (our) heirs 50 arrest and forever defe00 •11 and singular the above described 500030nt and rights onto ••• hid Cowpan7, its 000001..nd assign., against every person domeoriser la.foll7 .101,1ng . Maim the aye or •07 part thereof. Rama my and this 34th dal of Aogo0t, 1945. 0717 OF RMRO ROCS. Taxa =s By Mil 3001ta, Y•701. 11.1•4 ad Delivered 10 the Pre00nce Of, &at Jordan City See. Tdg STaTR ar asciS ) on p..e thy personally 1 Q7 atria 3m ) the undersigned authority, tonguing • 0 04 1 r HmL w. rr, know t0 me to be the p0reon wheseate 10 =ascribed to the to ae het he eseomtd the a a.m. a file se t 001 400d 1_ t 3157 _b<s.t', aril seknwledgd _. t _ __ of Hound Both Teas • 0aalelpal claa'poratlov, end as the septr thereof, am for the purpose, ritac and ooald•ntio0 therein expressed. Gives under 4 otf101a1 had sod seal of off104. this 1485 day of lomat • D 1945. % Mtn OP (I3) ■ 0 DEMON, Il 0ub110. 10 and for 11 • °s m I' COC7, Teas. COINS 07 1 PSLd for record Sept 13.1945. at8 ' loci, 1 It • Clert Casty, Tea Hoarded ant 17,1945, at 9s40 e' a loalc • 8 C 0 ILLIMPI, /COaaty Court Rlleeamn Comity Tens Was three a0sa tel the Df iST •PI I„ril „a,— Depn4• J 0 0 61v. VI =S MAIL LSOMMIT "ffi0S MICR & MGM CO, (13) - TIM MATS CP TMAS ) riled for re tiDt ALL 8HN Hf TM= yHSS;OMM !nomad. Sep COITCCf 0P MULLION ) - That Mae Hap, • wldaer and of Willies., County, Tema, for and 10 emeider.tleo a0 8h..4,ont1 De blob rill acora to me (us) by the constrained Cif the electric Cnnsalai:m aod/or dietrlbatla 110. hereinafter described, have granted, sold and conveyed sad by these presents do gnat, Dell sod many onto 'Has Poser & Llgb' Compaq an easew01 and right 1.1 for as electric tsa0sefaim asdice distribution line, cmeistio0 of variable numbers of , 1rei, and all nieasar or desirable 0pp08an0.. (So.10410g poles made of wood, metal or other materiels, telephone sad telegraph tire., props and guys), •5 or peer the lo0stlon and alert' :. gsnerel earn on located and •tabd out by the said Company, over, a0roan and upon are 101300 - ing described lands located in 71111emsa County, Teaa,teeiti Being • deatriptian of Tana Poser a Light 0011Pa15”. Rural Tap Mire off of Project 571, Tap O, Shoat No 8, .e now located .00 surveyed •cress the land of Vince 8,31 10 the If Carta:: lorvwy Abs. 1250 of 11111aam County, Teas. Beginning So the course of as .31.11og 11,. acres. the laud of Tinos Re31 et Survey Station 5 plea 05. Thence 10 • artheri; diratim for • distance of 28 feet, more or lee,, '11 guy .nebor. another pole to be located Sa the crux» of said line et Survey Statical 9 plus 50. Beginning again at Survey Station 12 plus 00. :hence l0 • southerly dlrectim in the course 030 existing 11n far • diataae of 28 feet,more or lees, to guy anoher. TO 1,1!08 IT PM 003CH218 05. attached .00.8001 cover, entreatment on the property of 71008 0.11,• .idoeer. The eateaaloo 1a in plane along the. fence llrm •0d 1s satisfactory to him. Vince Hell is en elderly ma with pose eye eight and Chia 1s his eigcatn affixed to the e•senent. I C N070® 176 MATS C: COOITT OP T' Thu 11111.080'. (3500.00) L the receipt gat auto the es all of the Bei Mary Mai. Plat Retora TO rights ad Carper, th An and force, 00nr, Ct. L G Im7(1@) L t sans, By MIL Line Foreman Tr 81 Not more nun 1 Poled 0 stubs, and 2 guys, .all be greeted along the amree of said line. Together .5th the right of ingress a0d agrees over my (our) .dfate,t lands to or from said right of may for the purpose of constructing, reconstructing, inerpeoting, patrolling, 0.84 nee sires en, al0tei0104 and analog said lithe and appurteantes; eha right to relocate On th s 1n e same relative position to_the +4Jaoent road if and a widened in the future: 1Ee right to remove from raid tape •11 trees and parts thereof, or other ObetruOtiOOe, .51.0 en4cat or may interfere with the efficiency of said Mae or their .pporteamee• TO 0578 1..• TO HOLD tin above deecllbea mamma and rights unto the said Carnal, 1 " mccess0ra and assign., 00111 said 11na shall be .5.0dmed. ad I (we) air hereby Dios myself (air .310.8), 4 (0'r) heirs ad legal repreeeouti to arrant sod forever defend •11 and dealer tire Move ove described wgemeet and rights unto the said Company, Its eu00mesors and assign., •gaiat every pawn whomsoever Lwfa117 elnIm10g to Cato the nos or airy part thereof. • {.55 Rev 312 51113 C0u111 OP I C tent pence b executed Mersin TIMM PQ Heoorded By .r.TATE OF TEXAS - _ 4 - r, a r ".PUBLIC U'FiLITY EASEMENT r VOL '9,30 ME I tj - Lutheran Social`• Service of Texas . • . .City Round Rock' Grantor Grantee - _ -• 5665 KNOW- ALL MEN BY•THESE PRESENTS L' f1NTY OF WILLIAbiSON . - That the Lutheran tiot• Service of Tex herein called Grantor (whether. one or more), for a good and valuable . consideration paid by thr City- of ~ Round Rock, ;exas, E. Main, Round Rock a municipal corporation :'"" herein cal Led Grantee, •rer_eip.t. of which consideration is hereby - acknowledged, ,ages - hereby - GRANT, SELL„ AND • CONVEY unto Grantee an .easement find right- of=war upon and across the Col lowing deScrihed_pronerty of Grantor • _ All that der E'a,ri =- tract, piece 'o r- parcel• df ;•• - land, lying .and being ,situated in the County of William- . son, State Of Texas described in EXHIBIT. attached • h • and made a part hereof "for=. all purposes., to. Which reference is heih made for 'more particular description of said property. • • ' The • r. fight- pf- woy,• easement, rights; - •and • riviiieges herein grantee)• stiall he used for the purpose of placing,. cons tructinh., operating, en-1 arging,i repel rin4, maintaining, rehui'ding, replacing, relocating and - removing .sewer - )hies; •- .. together with. "al -i necessary conduits, • valves; • vaults, manholes, Ventilators'_ and_appurtenanc t.' 's _ ,TO HAVE AND TO -HOLD the rights - and -7 privxjeges. herein• granted, subject . to all •- ;i;gservati.ons herein, unto, ,the Grantee, its •socress - ars' and•assigns;,,so_ long -as such lane is • .. - • .� . ? .:••, . . • . used or' maintained:,; subject to.'.tetmination, as• hereinafter provided. 'Grantor- :•daes -hereby jbind'•Pa.•tself ; its snccessors• assigns to WARRANT ' FOREVER' DE'�$NF1 =;,ail and•singul ar,. -the "above - described -e ement arid, rcghtsiw ~• _ o G rantee,Y its succesT` sors and assigns, againft every --pe sort whomsoever lawfully • °� t claiming • or to claim the same or any part. sthef•eof`: This • easement is grantttd,• made . and: a ccep . ted subject to :.the following matter's- •to - the :extent, same are in effect _at. this• • 1 VOL 936nt 768 ; S time: Any and all restrictipns, covenants, conditions and Y t =i easements, rights -of -way. and outs liens against the .. property, if , any relating ,to the •hereinabove described I 'easement, but only to the extent they are still in effect, shown of record in the Real Estate Records? of Williamson 'County, Texas. Failure of Grantee,' its successors and assigns, to use r the easement hereinbefore described on said easement strip ' for the purpose of said 'sewer . for the period of two years from the date of this instrument or cessation of the , use of such easement hereinabove described for such for a continuous period of two (2) years, shall constitute an abandonment and, termination f said easement herein''granted i r as to such easement strip and such shall revert to- the Grantors, its successors'and assigns without the necessity of Grantee 'executing a conveyance and release of such; provided, however, Grantee shall have the right to remove its facili- ties 'therein within a period of six (6) .months. from `said • termination, but not thereafter. „'And by the acceptance hereof,' Grantee agrees that line or lines shall be Dlaced and maintained at a depth•not less',than thirty - six inches (36 ") below the surface of the ground; and the Grantee . further so agrees: E ' I: That on completion of the original Laying-of..said t ,line; Grantee shall f'o'rthwith restore the sad 'premises to, ' the, in wh,icti- same was found before suc work' was undertaken, g as is reasonably. possible, and shall. level;u_p`the ,.ground and restore -same 'to the original surface _con4our••`and. • ) drainage conditions as existed before operations ^wer'e•.begun,' as is reasonably possible, dnd such leveling and-restoraticila ,: shall - be forthwith carried out after each and every main -.. tenandp, replacemerft,;� modification, repair or .removal' a voi ::93 P E 769 operation conducted subseque ,'ft` to the original donstruction of said line of lines. Between the times of construction, _maintenance, repair,.'replacement .arCemoval operations of any such)line on tines, Grantee shall.maintain, at all times, .% said original surface.•cdntour and drainage during its use and r p • E occupancy of the easement, herein granted-in case .it settles • • nr interferes withldrakmige. it To indemnify. and hold harmless Grantor; its succes- sors and— asti,gns, of aAd :from .ill 1 iabilities resui tins `from personal inure`,, death or prreporLy damages or caused by said line, or Grantee, its agents ', — employees', representatives' and r-dntractors' operations hereunder, in,•• upon and about the easement herein granted, and Grantee-will - • - indemnify, hold harmless and reimburse Gran f"or any - and . all of its expenses including,, but not ,limited - toF�. court, _y • costs,' litigation expenses and ,reasonaale attorne Y�'s: incurred by it in connection ^with 'its defense .e'f .any,vsui't„ claim or proceedingEovered,by this panayraph. - 3. Such line shall be used only for the transportation• 4� of 'sewerage, as a 'part of the sewer of the' City of, Pound Rock and any successor municipality or governmental: entity. The easement: ri :ghts_ and_privfleges granted'.herein,ares':C exclusive, and'Grantor covenants,' that Fie will•not_conveyany-:; t - g,'ri gh"ts; wi,thirt the premises, .other, easement or con£lictin , covered- by this grant',. ,without the express wr itten consent of "Grantee, which con •shal riot =;be: unreasonably wthhehd nothing herein shall requite 'the.Consent of Grantee forsale`of fhe'property by Grantor. Grantor also . retains ,A reserves, ' nd:shall • • eayoy. the surface of h suc'., stf4p fob. 7ariy_ and'• "all Y •� ' which do not interfe3e••with arid ni:; preve the, use by,Grantee.o f:. r. - - •.:. -. •..r. ' ::.: "' it 'c• ,�.; -: ,, e - •. • the within easement the right ti2'build and use .the',' surface of the herein ranted asement'for drainage d td th private ,streets,', • roads, - driveways, alleys'; •• walks,' �f. , , v6L O3OF!GE 770 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 the city for use'as a public stredt, road or alley; provided. _the Grantor shall not erect or construct any building` or other structure: or drill or operate any well, or construct any reservoir.or tither obstruc- tion -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, tfie plans therefor shall be submitted to Grantee ,lor' its - determination as to whether or not the proposed improvements- • will interfere with Grantee's' use, which determination Grantee shall timely respond to and not unreasonably withhold At consent thereto. In addition to the easement, rights, and privileges herein conveyed, Grantee shall have the right , use for a temporary construction easement so much of the surface of the Grantor's property as', may be reasonably necessaty_,.Ito construct and install within the ; right -of -way granted hereby: the facilities contemplated by this grant; but in_ no. event 'shall the temporary construction easement be more than forty • feet (40') wide, including the. easement granted' ' Grantee'agrees.that upon .completion, to forthwith'restore said temporary construction easement to the conditiori which same was - found before such work was. tndertaken.:;and shall level - up the ground and restore same ,:to° the orgir1Wl -t ' contour and drainage conditions as. ei�istedr`be "fore operations Were begun as"reasonably possible.: 'EXECUTED this • .c / -,day 'of. %�•✓ �' - . 1 LUTHERAN SGCIAL-SERV'YCE ' TEXAS`, INC. -Robert C. Greene, President • • ,vot. • 936N.GE 771 THE STATE OF TSXPS COUNTY OF TRAVIS • BEFORE ME, the' unders.igni authority, on this - day person- _ ally appeared Ro6ertIC: Green President .of Lutheran Social - ;ervice. of Texas, •[nc. •, o ' 4 corporation, knwn to me to. be the person whose name' is subscribed .to the foregoing ihstru'ment, and .acknowledged to•:_me that 'he execiite the sam for the - purposes and consideration therein - expressed, i n e'. the capacity' therein stated and as the. act and deed of - said corporation. Chien under"my'hand an7 - of office thss,the '3rd day of August Notary ,Publ to,- State of -Texas ,/ lam.'. •�: VDL 936PeGE 772 FIELD NOTES FOR A TEN (10) FOOT WIDE SANITARY SEWER LINE . FIELD NOTES describing an easement, being a permanent easement ten (10) feet in width, and a temporary construction easement forty (40.)• foot in width, for the purpose of construction and maintenance of •a sewer line, being upon that certain 3.0 acres conveyed to the Lutheran Social Services, Inc., by .deed recorded in Volume 301, Page 173 of the Deed Records of Williamson County, Texas, said permanent easement being more particularly described as being fifteen (15) feet West of and adjacent and parallel .to its following deseribed East line; BEGINNING FOR REFERENCE at a point in the North right -of -way line of East Main Street, being the Southwest`corner of a 0.29 acre tract conveyed to Ruth Blacklock by deed recorded in Volume 562, Page 449 of said Deed Records, and the Southeast corner of said 3.0 acres; thence along said North right -of -way line, 575'00'W, 19.98 teet to a point, being the Southwest .car- t ner of an existing ten (10) foot wide sanitary sewer easement granted to the City of Round Rock, Texas, by instrument recorded in Volume 792, Page143, of said Deed Records, for the 'Southeast corner and POINT OF BEGINNING of'the hereinafter described easement; ' • THENCE along the West line of said existing ten (10) foot wide sanitary sewer easement, for the East line hereof, the following four (4) courses: 1) NO3'10'S5 "E, 3.28 feet to a Point of Curvature hereof; . 2) along the arc of a curve to the left having elements of- delta = 08'19'10 ", radius = 833.57 feet, arc = 121.04 feet, tangent = 60.62 feet, chord bearing and chord = N00 ° 58'40 "W, 120.93 feet to a Point of Tangency hereof; 3) N05'08'15 "W, 140.26 feet to an. angle point hereof; 4) N05'13'20 "W, 148.74 feet to a point in the North line of said 3•.O.acres, for the Northerly limits and POINT OF TERMINATION of the herein described permanent sanitary sewer line easement. TEMPORARY CONSTROCT,ION EASEMENT • .■FIELD NOTES descri a temporary construction easement, being a strir bf .� land forty (40) feet in width off the Eastern side of said 3.0• acre tract,' ' and being more particularly described as•being forty (40) feet West of a d adjacent and parallel to the existing ten 00) foot easement on the'East..`. line of said 3.0 acres. " ' 5. EXHIBIT IA" Page 1 of 2 September 27, 1982 ' 4r, .,. yoL 9364 SKETCH To ACCOMPANY 1 .:. NOT Fol: A TE.ry CIO rod W `oE. SA / rrA RY SE. ''YR G /NE ES • • _ A ? • • • P{ 2 of ,2" ,� : f ,14, -. - - . :9 27 -BZ _ l -. Haunio Rs Kaltman inr • THE STATE OF TEXAS ' Counly of Williamson } .1, James /4.Boydsto4;9rk of the County CourCof said County, do hereby ccr- u[1 tify that the foregoing Instrument m writing. with. Es certiflo-are of authentication: was Eled for record in my office on • • r • the 26th day of Palor• A D 83 2:15 O•doci‘._ M.. and duly recorded this t'u • ca the • 8 th • dee of SePt • A D 19 83 .1:15 o•clocls___LM in the . , Deed Recordssof sand County in Vol 9 36 pp 767 WITNESS MY HAND and seal of the County Court of Lid County. at of flee in deorgetown, Texas, the date t last above written. •i t , • • : ,■• ' ; • • • ' • • " fi" JAMES N. BOYpSTON, CLERK. • Deputy County Court..Wgliamson County. Texas ■•"7: ••. 'Vag: ry.'• • . • - ..• ' . _ • - t^,•-■ EASEMENT THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON. That the LUTHERAN SOCIAL SERVICE OF TEXAS of Dallas County, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Dollar ($1.00) cash to Grantors in hand paid by the City of Round Rock, the receipt of which is hereby acknowledged, and the further consideration of the benefits tO be derived by Grantors from the sanitary sewer or water lines through the premises hereinafter described, have this day Granted and Conveyed, and by these presents do Grant and Convey, unto the City of Round Rock, a municipality situated in Williamson County, Texas, an easement to construct and perpetually maintain sanitary sewer or water lines in, upon and across the following described land, to -wit: All that certain tract, piece or parcel of land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description of said property; TO IIAVE AND TO HOLD the same perpetually to the City of Round Rock, and its successors and assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining said sewer or water lines, and for making connections therewith; all upon the condition that the City of Round Rock will at all times after doing work in connection with the construction or repair of said sewer or water lines restore the surface. of said premises to the condition in which the same was found before such work was undertaken. EXECUTED in duplicate on this the "'day of r r, ^% ' , A.D., 1972. ATTEST: ) Mrs. Arthur Gustafson, / Secretary THE STATE OF TEXAS, 761.4 er, Presiden 4 theran Social service of Texas COUNTY OF DALLAS. BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared JOHN A. JACOBS known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Lutheran Social Service of Texas, a corporation, and that he executed the same as the act of such corporation for the pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2//.! day of March, A. D., 1972. Notary Public in and for Dallas County,•Texas. "uu, z EXHIBIT "A" FIELD NOTES FOR A UTILITY EASEMENT FROM THE LUTHERAN WELFARE SOCIETY TO THE CITY OF ROUND ROCK, TEXAS BEING a 10 foot wide permanent utility easement and a 20 foot wide construction easement on a tract of land out of and a part of the Prior A. Holder Survey, Abstract No. 297, in Williamson County, Texas, and being on and across that certain part of a 43 acre tract of land conveyed from Leroy Nelson to the Lutheran Aid and Orphan's Society by deed dated December 18, 1939, and recorded in Volunxi 298, Page 549, of the Deed Records of Williamson County, Texas. Said easements being more fully described as follows, to wit: BEGINNING on the West line of the Holder Survey, also being the West line of said part of a 43 acre tract, at a paint 420 feet North of the intersection of said West line and the North line of Liberty Avenue in Round Rock, Texas, for the start of .a centerline for said 10 foot wide permanent utility easement and said 20 foot wide construction easement; THENCE along said centerline North 78 degrees 18 minutes East, 70.8 feet and corner; THENCE along said centerline South 59 degrees 30 minutes East, 180.0 feet to the West line of a tract owned by the City of Round Rock, Texas, and being the end of said centerline for said easements. Filed for Record on the 7 day of Duly Recorded this the / day of A. D. 19 , at o'clock M. A. D.19 .r•, at r• o'clock M. DICK CERVENKA, Courtly Clerk Williamson County. Texas B -.ca -r a- *�+-.� = Y .c,f - fi t_ Deputy 120—WARRANTY o,,. PAM.. rola! r:i c��� :r:r ���r �.� r�._.r���.:.t� ► � -•._. ���r � �'ua� w.� r��:��., r• AT *ttttt' (Jpxtttt, } Wow All Qlnuntg of WILLIAMSON. That I, MAGGIE HANLEY, a feme sole, of the County of Williamson State of Texas of the aura of Ten and NO /100 010.00) and — oT1er good and valuable consIa EIon 1' I. gn 1i these Ulrearnta: '7615 for and in consideration DOLLARS to me in hand paid by JAMES 0. HAWLEY, the receipt of which is hereby acknowledged and confessed; and the further consideration of James 0. Hanley having paid from his own labors the total consideration paid to W. C. Cheak, et ux, for the hereinafter described property including all principal and interest paid on any and all liens on said property, and including the payment of three Veteran's Land Board notes and a $10,000.00 note paid to the Santa Anna National Bank of Santa Anna, Texas. That although the Deed Records of Williamson County, Texas, show that C. C. Hanley and myself own an interest in the hereinafter described property, neither C. C. Hanley nor myself ever made any —paymenta-toward:,the:_purchase of aetid_property and::nwne _no Interest _ therein; l{ Fold atilinesoveritop.of *envelope�to the riyhtlogtherreturn JCERTIFIED 2 777 468 020 REMUS RECEIPT REQUESTED 1st NOTICE _- ---- -- 2nd NOTICE _-- ----�— RETURN TO GEORGETOWN TITLE CO., INC. P.O. Box 835 Round Rock, Texas 78680 Mr. Bob Bennett City Manager City of Round Rock 221 East Main Round Rock, TX 78664 RECEIVEn AUG 7 -