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CM-05-01-012AMENDMENT TO PARTITION DEED THE STATE OF TEXAS COUNTY OF WILLIAMSON * This Amendment to Partition Deed (this "Amendment') is entered into this a (p day of January, 2005 by The Old Settlers Association of Williamson County, Texas, a Texas non-profit corporation (the "Association"), and the City of Round Rock, Texas (the "City"). WHEREAS, on or about February 9, 1989, the Association and the City filed of record that certain Partition Deed in Volume 1760, Page 451 of the Official Records of Williamson, County, Texas (the "Deed"); WHEREAS, the Deed partitioned various properties held in common by both the Association and the City, and conveyed a certain 111.110 acre tract (referred to therein as "Tract Two") to the Association; WHEREAS, the Deed further provided that in the event the Association were to dissolve by the operation of law or time, then Tract Two, save and except a certain tract of property more fully described therein consisting of approximately 2.780 acres (such 2.780 acre tract being the "Excepted Property"), would revert, pass to and vest in the City; WHEREAS, the Association and the City have agreed and now desire to redefine the Excepted Property to be as set forth herein; NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged by all parties, the Association and the City hereby revise and amend the Deed as set forth below: 1. From the date hereof, the Excepted Property as described in the original Deed shall no longer be as described therein but shall instead consist and be described as the 2.78 acre tract more fully described on Exhibit "A" attached hereto and incorporated herein for all purposes. This Amendment shall be in place and considered in full force and effect from the date hereof for all purposes. Except as specifically amended herein, the Deed is acknowledged and reaffirmed by the Association and the City as being in full force and effect for all purposes as originally set forth therein. Crn-05,-c 1- C1 Z (00043314.DOC 1) This Amendment is executed as of the date first above written and shall be effective upon its recording in the Official Records of Williamson County, Texas. THE STATE OF TEXAS * * The Old Settlers Association of Willia on County, Texas a Texas non-pcorporation By: rene Michna, Preside The City of Round Rock, Texas By: Nall, J I /71 NUSE Title: CITY mtNRgEle. COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 4 day of January, 2005, by Irene Michna, President of The Old Settlers Association of Williamson County, Texas, a Texas non-profit corporation, on behalf of said c • • • . ion. {00043314.DOC /1 is in and for Texas ission Expires: (Print Name) THE STATE OF TEXAS COUNTY OF WILLIAMSON * * This instrument was acknowled 2005, by J i m MUSE , Rock, Texas, a Texas home -rule city, on ed before me on this the Alp day of January, ►Ty MAN/ &ER, of The City of Round behalf of said City. ealLtuil Notary Public in and for the State of Texas My Commission Expires: g -a8-05 (Print Name) a f RJs7»A) iQTjNCZ CHRISTINE R. MARTINEZ Y =_ 7 MY COMMISSION EXPIRES August 28, 2005 1 {00043314.DOC /) EXHIBIT "A" Page 1 of 2 Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION DESCRIPTION OF 2.78 ACRES OF LAND SITUATED IN THE PRIOR A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 101.11 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT C, TRACT 1, IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 451 OFFICIAL RECORDS OF WTI LIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF THAT CERTAIN 2.78 ACRE TRACT OF LAND DESCRIBED IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 478 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.78 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Highway Department type II monument station 220+76.10, 144.70 feet left from Base Line G, found in the north Iine of said U.S. Highway No. 79, in the west line of said 2.78 acre tract, and in the east line of that certain tract of land described in a deed to Michael Glenn Griffin and Wife, Carrie Louise Griffin, of record in Volume 2620, Page 775 Official Records Williamson County, Texas, and for the southwest corner of the herein described tract, from which the northeast corner of the P. A. Holder Survey bears approximately NO2°E 5584 feet; THENCE with the west line of the herein described tract, the west line of the said 2.78 acre tract, and the east Iine of said Griffin tract, NO2°15'41"W a distance of 284.50 feet to a 1/2 inch iron rod with aluminum cap set in concrete for the northwest corner of the herein described tract, from which a 1/2 inch iron rod found for the northwest comer of the 2.78 acre tract bears NO2°15'41"W a distance of 23.19 feet ; THENCE over and across said 2.78 acre tract and said 101.11 acre tract, with the north line of the herein described tract, N63°36'53"E a distance of 408.28 feet to a 1/2 inch iron rod with aluminum cap set in concrete for the northeast corner of the herein described tract; THENCE continuing over and across said 101.11 acre tract, with the east line of the herein described tract, S26°23'07"E a distance of 259.66 feet to a 1/2 inch iron rod with aluminum cap set in concrete for the southeast corner of the herein described tract and in the north line of U.S. Highway No. 79, from which a Texas Highway Pepartment type II monument found in the north line of said U.S. Highway No. 79 bears N63°36'53"E a distance of 575.25 feet; S:\28005011_Do°umrnts\PLAT NOTES.doc EXHIBIT "A" Page 2 of 2 Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas THENCE with the south line of the herein described tract and the north line of said U.S. Highway No. 79, S63°36'53"W a distance of 524.56 o the POINT OF BEGINNING containing 2.78 acres of land, within these metes and bounds Reference is herein made to the sketch of this 2.78 acres tract of land accompanying this description. Bearing Reference: the north line of that certain tract of land described in a deed to the City Of Round Rock in document number 2000048501 Official Public Records Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM-ALLEN, INC. regory Schmidt Registered Professional Land Surveyor No. 4437 Date: '1 S:12800501 \_DocumrntsTL.AT NOTES.doc