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CM-05-10-188Request for City Council/City Manager Action j1 City Council n City Manager fly 2005 Submit completed form for ALL City Manager and City Council approvals: Department Name: Contact Person: Planning Vickie Moreno/Kathy Miller Project Manager/Resource: Bernadette Hayes Project Coordinator: Bernadette Hayes Assigned Attorney: Veronica Rivers Council or City Manager Approval/Agenda Date: City Manager - October 21, 2005 Blue Sheet Wording For Administration Use ONLY Tag #: Documents: Scan Date: Return to: CM -05 -l6 -egg Ric Bowden Project Name: Partial Release of a PUE ContractorNendor: n/a Funding Source: n/a Amount: $o.00 Partial Release of a 15 ft. public utility easement , (0.554 acres) along the east and north line of a 74.590 acre tract of land out of the Ephraim Evans Survey, Abstract No. 212. Finance Information Is Funding Required? X Finance Approval ❑ Finance ElFinance Purchasing Budget J Yes El No Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. Agr. # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount Other (Please clearly identify action on lines below) n/a L. Olsen N/A E. Wilson HB N/A CYD Date Date Date Date 10/19/2005 10/18/2005 10/19/2005 10/18/2005 For Submission to ALL Cit Council and Cit Project Mgr. Signature: Dept. Director Signature*: City Attorney Signature*: City Manager Signature: Mana • er Action Items Date: TM f 1 ,��-•Date: /11 /9 — s Date: ,Oph y1' a Date: 10- /-o5 * Dept. Director and Le Approval and is required for ALL items requesting City Manager/City Council approval. Updated 6-9-05 DATE: October 19, 2005 SUBJECT: City Manager Approval at the October 21, 2005 staff meeting ITEM: Partial Release of a 15 ft public utility easement, (0.554 acres) along the east and north line of a 74.590 acre tract of land out of the Ephraim Evans Survey, Abstract #212. Department: Planning Department Staff Person: Bernadette Hayes / Jim Stendebach Justification: The property owner is requesting to partially release 0.554 acres of a 15 -foot public utility easement to relieve the inadvertent encroachment by the future development on the site. Funding: Cost: None Source of Funds: N/A Background Information: All the appropriate utility providers have, reviewed the survey and have signed off on this release. Updated 3-10-05 PARTIAL RELEASE OF PUBLIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties of Travis and Williamson, State of Texas, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by SPG ROUND ROCK NS, L.P., a Delaware limited partnership, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of a 15' public utility easement of record in Volume 793, Page 123, of the Deed Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a 0.554 acre tract of land out of the Ephraim Evans Survey, Abstract No. 212, situated in Williamson County, Texas, being a portion of that certain 13.001 acre tract of land conveyed to SPG Round Rock NS, L.P. by deed of record in Document No. 2005043880 of the Official Public Records of Williamson County, Texas, also being a portion of that certain fifteen (15) foot public utility easement of record in Volume 793, Page 123, of the Deed Records of Williamson County, Texas; said 0.554 acre being more particularly described by metes and bounds as indicated; See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such easement. This instrument is given specifically to release the described portion of said easement, which portion of said easement is terminated by abandonment, termination, vacation, and cessation of purpose, and which portion of said easement will be of no further effect, whether legal or equitable. IN WITNESS WHEREOF, the City of Round Rock, Texas has caused this instrument entitled "Partial Release of Public Utility Easement" to be executed on this the P. I day of the month of QC+rber ,2005. RELEASER: CITY OF ROUND ROCK, TEXAS By: 00092188/vr es R. Nuse, City Manager THE STATE OF TEXAS COUNTY OF WILLIAMSON ACKNOWLEDGMENT § This instrument was acknowledged before me on this the 0 day of the month of C)G.(-o'ptY , 2005, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the capacity and for the purposes and consideration therein expressed. SHERRI MONROE Notary Public, State of Texas My Commission Expires MAY 7, 2007 AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Notary Public, State of Texas 0.554 ACRE PARTIAL RELEASE OF 15' P.U.E. SPG ROUND ROCK NS, L.P. TRACT DESCRIPTION FN. NO. 05-404(ACD) JULY 22, 2005 BPI JOB NO. 392-34.911 OF A 0.554 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 13.001 ACRE TRACT OF LAND CONVEYED TO SPG ROUND ROCK NS, L.P. BY DEED OF RECORD IN DOCUMENT NO. 2005043880 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF THAT CERTAIN FIFTEEN (15) FOOT PUBLIC UTILITY EASEMENT OF RECORD IN VOLUME 973, PAGE 123, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.554 ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found in the existing easterly right-of-way line of IH -35 (R.O.W. varies), being the northwesterly corner of said 13.001 acre tract and said public utility easement of record, same being a southwesterly corner of that certain 87.193 acre tract of land conveyed to CPG Round Rock, L.P. by deed of record in Document No. 2005040171 of the Official Records of Williamson County, Texas, for the northwesterly corner hereof; THENCE, N69°15'57"E, with the southerly line of said 87.193 acre tract, being the northerly line of said 13.001 acre tract and said public utility easement of record, a distance of 1609.74 feet to a 1/2 inch iron rod with cap set at the northeasterly corner of said 13.001 acre tract, being the northwesterly corner of the remainder of that certain 74.590 acre tract conveyed to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation by Deed of record in Document No. 9733254, of the Official Public Records of Williamson County, Texas, same being on the curving easterly line of proposed Oakmont Drive (100' R.O.W.), for the northeasterly corner hereof, from which a 1/2 inch iron rod found at the northeasterly corner of said 74.590 acre tract bears N69°15'57"E, a distance of 1514.38 feet; THENCE, along the westerly line of said remainder tract, being the easterly line of said 13.001 acre tract and the easterly line of said proposed Oakmont Drive, over and across said public utility easement of record, along a curve to the left, having a radius of 2200.00 feet, a central angle of 00°25'31", an arc length of 16.33 feet, a chord which bears S02°33'15"W, a distance of 16.33 feet to the southeasterly corner hereof; b EXHIBIT tie FN 05-404(ACD) July 22, 2005 Page 2 of 3 THENCE, S69°15'57"W, leaving the westerly line of said remainder tract, over and across said 13.001 acre tract, along the southerly line of said public utility easement of record, a distance of 1608.36 feet to a point on the westerly line of said 13.001 acre tract, being on said existing easterly right-of-way line of IH -35, for the southwesterly corner hereof, from which a TxDOT right-of-way monument found at a point of curvature bears S02°03'33"E, a distance of 611.21 feet; THENCE, NO2°03'33"W, along said easterly right-of-way line, being the westerly line of said 13.001 acre tract and said public utility easement of record, a distance of 15.83 feet to the POINT OF BEGINNING, and containing 0.554 acres (24,136 square feet) of land, more or less. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS DESCRIPTION. BURY+PARTNERS, INC. ENGINEERS -SURVEYORS JOHN 3345 BEE CAVE ROAD NO. 4 SUITE 200 STAT AUSTIN, TEXAS 78746 BILNOSKI, 98 OF TEXAS 12205 P.L.S. JOHN T BILNOSKI s's4998 ,14- . 'Esse°a-'j0 SUV; SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION 17.514 ACRES DOC. N0. 2005043918 9F z ?/?.3.(11/ c1 co 0.554 ACRES (24,136 SQ. FT.) CPG ROUND ROCK, L.P. 87.193 ACRES DOCUMENT NO. 2005040171 s ciN 0 to W 1- r0 in Cr, m z Nr CURVE TABLE NO. DELTA RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING C1 0'25'31" 2200.00' 16.33' 16.33' 502'33'15"W NNP—TERAVISTA LP 107.44 AC. DOC. NO. 2001001539 SCOTT AND WHITE` MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION 74.590 ACRES DOC. NO. 9733254 SPG ROUND ROCK NS, L.P. 13.001 ACRES DOCUMENT NO. 2005043880 io cci r) 0 1 15' P.U.E. VOL. 793, PG. 123 (TO BE RELEASED) LINE TABLE LINE BEARING LENGTH L1 NO2'03'33"W 15.83' 0 150 300 600 SCALE: 1"= 300' XTENS ION J r) LEGEND • 0 P.O.C. P. 0.B. CHANDLER IH35 RETAIL, LTD. 35.098 ACRES — DOC. NO. 2005043877 LOT 1, BLOCK A FIRST LIMITED ADDITION CAB -0, SL. 22-23 1.2, 1/2" IRON ROD FOUND 1/2" IRON ROD SET POINT OF COMMENCEMENT POINT OF BEGINNING PAGE OF 1i Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partners, Inc. °Copyri`ht 2005 SKETCH TO ACCOMPANY DESCRIPTION OF A 0.554 ACRE TRACT OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212. SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 13.001 ACRE TRACT CONVEYED TO SPG ROUND ROCK NS, L.P. BY DEED OF RECORD IN DOCUMENT NO. 2005043880, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS. SPG ROUND ROCK NS, LP. TRACT DATE: 07/21/05 FILE: H: \392\34\39234EX2.dwg I FN No.: 05-404(ACD)I DRAWN BY: AD PROJ. No: 392.34 10/05/2005 15:46 FAX 512 328 0325 Burs+Partners, Inc. 4j002/005 Sep 29 05 04:28 TX.U. Electric Ileliveru 512 244 5009 Mtlzp.2 uu9/7.fYZ9ub Iii: -L .. OLZ U* u4zb nu rammers. J. September 21, 2003 Tames R. Nue City W City of BMW Rea, Texas 221 Ent ]tft` Soest Round Kook, TWO 7$664 • Re: Proposed pada whew ata 1 foot PUE, dew diet aro north of a 74.E tract of bed. out of the Bpirsio t Bios Survey porsteist to`Sondem 212.013 et* Tease Local Govetouset Code. Nor Mr. Hose: The purpose of dis mood is to 0.354 areas of a 13 -tout PUB with William= k Velem 793 Page 123 k ardor to .relieve the huslivensot eaaeres rat by abs future developetwit Co diis site. Al .0 re r +fit, the stOpoithe at of Welty service have so objection to this proposal 1 rod have ilsltl t seetessest by doing Mow. Thant you for considahvg this rooms. Scott and 'idesuerisl Iloopitd sod. .Scott, Sherwood aid Mod* Posedstieo (254) 7244412 SPO lied Bot IS. LP (317 x-7664 I hive reviewd ase s1soproposal der sad 1 hint no obisediss. Bob Psi Sr. 9igiett Mawr 244-5691 Toe Mint 404837 TXU Marie Delivery • Mow Warner CM* Round Beek District 10/05/2005 15:46 FAX 512 328 0325 ,041/30/05 11:00 FAX 4554092 00/30/2006 03:43 FAI 512 3211 0325 Bury+Partners ENGINEERING SOLUTIONS September 28, 2005 Bury+Partners, 'mar, Inc. Bury+Parteers. Ise - 10003/005 et002 VI 00 2100 3 James R. Nose City Manager City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Re: Proposed partial release of a 15 foot ME, along the OWL und north line of a 74.590 -acre tract of land out of the Ephraim Evans Survey purstumt to Section 212.013 of the Texas Local Government Code. Dear Mr. Nuse: The purpose of this request is to partially release 0.554 acres of a 154or1 ME recorded with Willitunson County in Volum 793 Page 123 in order to relieve tbe inadvertent encroaansent by the future development on this site. After a thoroagh examinetion, the tespeedve suppliers of utility service have no objection to this proposal and have Indiatted their agree:0M by *ivies below. Thant you for considering dds -request. Stucetely, SeotE-----4-and White Memorial Hoxpittd and Scott, Sherwood and Brhulley Foundation (254) 724-4482 SKI itound -Rock ,12 (317) 263-7664 reviewed the above proposal for'unity service wrong and I have t Paul lkins/Craig Weatherbee 310-3881 Camoor Round Reek District Ames .Oaks • Houstizin •'5041,0kntellia • Tiiiirck. Teats ARlifeac . WartlinliOn • WIN:WM*0re, Virginia BURY+MiritintiNC. 3345 Us Co' Ittratt Sishot200 Mary Texas-7Mo MO1015121 32110011 0121, 3254323 wvime.aiityparlitimetior* 10/05/2005 15:47 FAX 512 328 0325 Bury+Partners, Inc. Z.004/005 ' CHELSEA PROPERTY INC Fax: 944 10 ,Ott 4 ft 14:08 11.02 ' Bury+Patners ENGINEEtIN$ SOLUTIONS September 28, 2005 • • • James R. Nuse City Manager City of Rotted Rock, Texas 221 East Main Street Round Rock, Texas 78664 release of a 15 ... foot PUB, along the eset north_ fine of a Re:Popoed partial Evans Survey posttest to Section 212.013 of the 74.74.590 -acre tract of land out of the Ephraim Texas Local COVernillent Code. Dear Mr. use: The purpose of this request is to partially release 0.514 acres of a 15 -foot PUB recorded with Williamson County in Yol1ne 793 Page 123 in ear to relieve the isadvertera encroachment by the future development on dais site. After a thorough examination? the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank ya4 for =sifting g rpt. Sincerely r. Scott and 'White Memorial Hoapita1 and Scott, Sherwood and Brindley Foundation (254) 72-4482 I have Oviewed the above proposal for utility service porposts and I have no ° Wen SPG Round Rock NS, LP (317) 263-1664 Paul EllolosiCraig Wcatherbee 310-3881 Ancor Round %mak District Austin • Dotter • Houston • Son Monk do • Tempr, bca Fairfax -Warrenton • Williamsburg, Virginia -Joe Marek Time Warner Cable 485-6357 SUMOAKINBMINC. 3345 Boo Coves Rood, 5uRo 200 Ajsh'n, Togs 78746 PHONE ts12} 328=+011 rAx (512) 32E40325 w re bui ypor .corn J123103819 412 328 0325 ury-Partners ENGINEERING SOLUTIONS ONCOR PMDS Durr+Partners . Inc. PAGE 02/02 James R. Nuse August 18, 2005 Page 2 Hives � 11 Nabors 310-3810 Mike Collins 219-2602 Ext. 7420 ATMOS Energy Perdenales Electric Cooperative Round Rock District Danny Halder, P.E. 218-6610 City Engineer City of Round Rock I:\392\34\Adrnin\Letters\081.8115 Daannent.doc\saus a:4a 13:42AFAX 830 a6ea4991 Bury+Partners eNCINEEILING SOLUTIONS Will Nabors 310-3810 ATMOS Energy Round Rock District PEC CEDAR PARR IA rytrurkaaklia, tar.,. gJ 003 James R. Nuse August 18, 2005 Page 2 Mike Collins 219-2602 Ext. 7420 Perdenales Electric Cooperative , pEe- Doer /404 url4in:c.,,r 19"7 7/!1f LO f-4-77 0, /7-T- %fie G_B 4-mr-pc - o .41/10 -Z-3 f - D y I-lalden, P.E.218-6610 , a,,- , 15 s). �Q, C,ss4 /(:P) City Engineer: c .a.t/L9 C v u� c CityRound ofRock �,� T- auo ask e c 7/? 7-/¢� I:\392\34\.4dmin\Lettets108L805 DueW cnt_dac\sms STATE OF TEXAS COUNTY OF WILLIAMSON PARTIAL RELEASE OF EASEMENT WHEREAS, the plat of a 13.001 acre tract of land conveyed to SPG Round Rock NS, LP, Round Rock, Texas, a subdivision in the County of Williamson, of record in Document 2005043880, of the Plat Records of Williamson County, Texas, and said plat records reflect a 15 foot PUE, described as a 0.554 acre tract of land out of the Ephraim Evans Survey, Abstract 212, and recorded in Volume 793, Page 123, of the Deed Records of Williamson County, Texas, extending in a Northeasterly direction from the Northwesterly corner of said tract of land, and as applicant requests partial release of said easement on said lot, affecting 1610 feet of said easement, said lot being located at the existing Easterly right-of-way line of IH -35, and North of Chandler Road; AND WHEREAS, all utilities are in place within other dedicated easements on said lot and no further need exists for the above part of said easement as reflected on said plat: NOW, THEREFORE, in consideration of the premises and in order to adjust because of a proposed encroachment upon this easement, the undersigned do hereby abandon all right, title and interest in and to this partial easement, as described, in the above addressed lot in said subdivision. EXECUTED this 1,4 day of S 2005. MGR.-ENG.DESIGN SOUTHWESTERN BELL TELEPHONE, L.P., a Texas partnership, d\b\a SBC Texas By: SBC TEXAS, L.L.C. a Delaware limited liability company, its general partner BEFORE ME, the undersigned authority, on this day personally appeared Lawrence Novak, Manager - Engineering Design, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration there expressed, as the act and deed of SOUTHWESTERN BELL TELEPHONE COMPANY and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THEA day of005. VALERIE VOGT TODOROVICH • My Commission Expires May 11, 2009 Notary Public, State of Texas My commission expires Ilf(;f �iiillfI((�(f f �ff(Iff I� ;E:°. 20@5043880 ICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY OVE OR STRIKE ANY OF TM' FOLLOWING INFORMATION FROM THIS NT BEFORE IT IS FILED FOR RECORD Hi THE PUBLIC RECORDS: YOUR SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. T CO partnership ( good and valua partnership (" confessed, has G and CONVEY unto and to that certain re Exhibit "A" attached h singular the rights and constructed thereon, strips or reservations, privileges and ri SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS; IGNED, CHANDLER IH 35 RETAIL, LTD., a Texas limited and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other id to Grantor by SPG ROUND ROCK NS, L.P., a Delaware limited t and sufficiency of which are hereby fully acknowledged and , and by these presents does hereby GRANT, SELL s rights, titles, benefits, easements, privileges and interests in illiamson County, Texas being more particularly described in hereof for all purposes (the "Land"), together with all and thereto, including without limitation the improvements roads, alleys, rights of way, easements, licenses, collectively, the "Property'). This conveyance is made attached hereto and made a part her against the Property (the "Permitted Ex stre bject to those certain matters set forth an Exhibit "B" purposes, . + extent that same are valid and enforceable ons"). Notwithstanding any provision here herein (the "Express Warranty") and the w even date herewith, by and between Grantor kind, whether statutory, express or implied, Grantee, by acceptance of this Deed, accepts the Prope any representation or warranty by Grantor except as ex cept for the warranty of title set forth that certain Earnest Money Contract of makes no warranties of any nature or sical condition of the Property and d "WITH ALL FAULTS", without herein. tor TO HAVE AND TO HOLD the Property, to appurtenances thereto in anywise belonging unto the said Gr Grantor does hereby bind Grantor and Grantor's successors t all and singular the Property unto the said Grantee, and Grant person whomsoever claiming or to claim the same or any part theme, not otherwise, subject, however, to the Permitted Exceptions. with ee, rid singular the rights and ors and assigns, forever; and FOREVER DEFEND assigns, against every r under Grantor, but Ad valorem taxes and special assessments, if any, against the ' • 9.� ort ear 2005 have been prorated between Grantor and Grantee as of the date of this Special 064883.004S WEST 3744371 v2 [SIGNATURE AND NOTARY PAGE ID FOLLO EXECUTED to be effective thefday of June, 2005. THE STATE OF COUNTY OF TRAV The foregoing Patrick Gies, Ir., President of Retail, Ltd., a Texas limited p GRANTOR; CHANDLER IH 35 RETAIL, LTD., a Texas limited partnership By. B&O Development G.F., L.L.C., a Texas limited lability company, its gener './:' 1PriA1,0 By: Name: C. Patrick Oles, r. Title: President edged before me this ._J day of June, 2005, by C. 0 ' . L.L.C., the general partner of Chandler IH 35 therein set forth. 064583.0045 WEST 5144371 v2 Notary xas 1 ACRES WHITE TROT EXHIBIT Fri NO. 05-134 (CAG) FEBRUARY 24, 2005 BPI JOB NO. 392-37 OF 1 NO. THAT ER H MEMORI '* • P #` DEED OF -{z *. '+• WILLIAMS LIMITED s • +►N 23 OF TETE P CONVEYED TO Cptl AND BR.INDLEY - • .OF SAID OFFICI MORE PARTICULP.RL DESCRIPTION ■ OUT OF TEX EPHRAIM EVANS SURVEY, ABSTRACT �+ WILLIAMSON COUNTY, TEXAS BEING A PORTION OF TRACT OF LAND CONVEYED TO SCOTT AND WRITE vt�4s SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DOCUMENT NO. 9733254 OF THE OFFICE RECORDS OP i AND A PORTION OF LOT 1, BLOCK A, FIRST r: a/V'ISION OF RECORD IN CABINET 0, SLIDES 22-- a,<" WI.LLIAMSON COCKY, TEXAS, SAID LOT 1 • , } �,� RIAL HOSPITAL AND SCOTT, SNOOD T rte _ DEED OP RECORD IN DOCUMENT NO. 9704732 =LI RECORDS; SAID 13.001. ACRES OF LAND BEING Y METES AND BOUNDS AS 8'O OWS : s mamma, INNIRG, at a 1./2 way line of Inter_ taEt southwesterly corner .f conveyed to ANC-Ro • Document No.. 20010016 Williamson County, Tera= same said 74.594 acre tract and hereof 124.'41 • ound in the easterly* right-of-- -.tR.a. varies) , being the aia 132.28 acre tract of land ets II, LP by deed of record in the 0 Dial Public Records of bei northwesterly corner of the _ � er a c••.• on THIRC3, N'69° 15' S7"E, leavi Interstate Highway 35, along said 74.590 acre tract, being 132.28 acre tract, and in part that certain 107.44 acre tract of 1 deed of record in Document No. 200 Records, for the northerly line he 1548.117 feet a 1/2 inch iron rod line of said 74.590 acre tract, being t'e=»ffle raa,id 132.28 acre tract and au angle po t n said 107.44 • acre tract, and continuin- 1609.98 feet to a 2/2 inch iron rod wit - c easterly right -of -way line of future OaJmon Dr for the northeasterly corner hereof, from w found for the northeasterly corner of said 7 • f an angle point in the westerly line of said 10 .4 N69°15'5793, a distance of 1514.38 feet¢ THENCE, leaving the westerly line of said 107.44 and across said 74.590 acre tract, along the easte a y line of future Oakmont Drive, along a non -tangent c left having a radius of 2200.00 feet, a centr 12°39'03", an arc length of 485.76 feet, and a chord 503°33'32"E, a distance of 484.78 feet to a 1/2 inch iro cap set for the end of said curve, being the southeaste hereof; Par y right-of-way line of f the northerly line of e southerly line of said. • the westerly line of • to TIN-Teravista by said Official Public at a distance of in the northerly eterly cornier of westerly line of distance of t the curving e 00' R.O.W.) th iron rod ac ct, being - •" e t = t bears 3- a t c over -way he or -134(CAG) Y 24, 2005 OF 3 eaving the easterly right -ref -way line of future Oakmont ntin 'ng over and across said 74.590 acre tract and said irregular .southerly line hereof, the following and distances: 48"W ap s ,distance of 482.97 feet to a 1/2 inch iron rod tTt? ' an angle point; a distance of 33.11 feet to a 1/2 inch iron rod r an angle point; WI. N52°4 '3 with ca left; 4) Along said a central and a chord feet to a 1/2 tangency; 5) 6) 7) 9) stare of 153.59 feet to a 1/2 inch iron rod t pint of curvature of a curve to the NB4¢ 0O' 1$'°'W, a di with cap set for p the right; Along said non -tangent 770.00 feet, a central 359.61 feet, and a c'ho of 356.35 feet to a 1/2 point of curvature of a revers left having a radius of 260.25 feet, 5'46", an arc length of 123.83 feet_, N6 -- °22' 25°W, a distance of 122.67 ith cap set for the point of 182.14 feet to a 1/2 inch iron rod of curve .' of a non -tangent curve to Along said reverse curve to 430.00 feet, a central angle 451.98 feet, and a chord which of 431.46 feet to a 1/2 inch point of .tangency;: 620043'21"E, a distance of 2.86 fee with cap set for the point of curve curve to the right; Along said non -tangent curve to the righ 1274.94 feet, a central angle of 16°53'48' 375.99 feet and a chord which bears 874¢20 of 374.62 feet to a 1/2 inch iron rod with southwesterly corner hereof, being in the c right-of-way line of Interstate Highway 35, concrete highway monument found in the easterly line of Interstate Highway 35 bears along 612°45'48''L', a chord distance of 38+6.34 feet; fight having a radius of 45'31", an arc length of S26°47'22"W,, a distance with cap set for the o the left; having a radius of an arc length of '23°W, a distance iro r.. w. t cap set for the ch iron rod non -tangent diue of gth of tance the terly a 134 (C) Y 24, 2005 3 OF 3 long the easterly right-of-way line of Interstate Highway rtion of the westerly line of said Lot 1 and a westerly line of said 74.590 acre tract, for the reof, the following two (2) courses and.distances: ent curve to the right having a radius of central angle of 00°33'23", an arc length of 1 .64 e 4 ! = a chord which bears NO2°19'58"'W, a distance to a concrete highway monument found at the end of 2) NO2*.4• - , dist ce of 626.96 feet to the POINT OP BEGI ini an area of 13.001 acres (566, 333 eq. ft.) of mo • _ •fir 'leee, within these metes and bounds. SEARING - BASIS' TO THE TEXAS STATE PLANE COORDINATE SISTER, . COAL PUBLI4amP NAD 83/93 HARK VALUES FOR THE CITY OF GEORG NETWORK.. BURY & PARTNERE, INC. ENGINEEERS - SUJRVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 . 5720 DATE EXHIBIT "8" PERMITTED EXCEPTIONS c transmission and/or distribution line and appurtenances easement granted to Texas Power Company, by instrument dated February 25, 1946, recorded in Volume 339, Page 427 of Rec s of Williamson County, Texas. 3. El grant Volum 4. Undergr dated March County, Texas. 5. Public utility lines instrument dated A Williamson County, T on and/or distribution line and appurtenances easement granted to Texas Power nstrument dated November 7, 1947, recorded in Volume 346, Page 382 of iamson County, Texas. appurtenances and communication line and appurtenances easement ewer & Light Company, by instrument dated October 12, 1966, recorded in e Deed Records of Williamson County, Texas. to Southwestern Bell Telephone Company, by instrument olurne 546, Page 338 of the Deed Records of Williamson 6. Water, wastewater, gas an and the Estate of John H. Nas the Deed Records of Williamso ge easement granted to the City of Round Rock, by ,.. - Volume 793, Page 123 of the Deed Records of -.. drainage easements reserved by Margaret M. Nash 1,0o. by - , # .1 i ent recorded in Volume 793, Page 130 of County, T 7. Electric supply line and appurt division of Texas Utilities Electric Volume 1804, Page 812 of the Official words of 8. Public utilities easement 15 feet in width alo shown by the Plat recorded in Cabinet 0, S1" County, Texas. 9. All oil, gas and sulphur, together with all rights rela instrument recorded in Volume 793, Page 130 of the (Surface rights waived therein.) 10. The terns, conditions and stipulations set out in that dated September 9, 1999, recorded under Document No. Records of Williamson County, Texas. to Texas Power & Light Company, a ent dated April 26, 1989, recorded in liamson County, Texas. south and east property line(s), as the Plat of Records of Williamson press or implied, reserved in of illiamson County, Texas. o. Z -99-09-09-9B3 e Official Public 11. The rights of Upper Brushy Creek Water Control and hnprovem issue bounds. taxes and 12. The protrusion of 5 foot by 16 foot concrete slab into the adjacent prop dated February 24, 2005, prepared by John Jeremy Miller, Registered Prole No. 5720. urvey or 13. Declaration. of Restrictive Covenants Agreement of even date herewith between Retail, Ltd. and Scott and. White Memorial Hospital and Scott, Sherwood Foundation, to be recorded in the Real Property Records of Williamson County, Tex 064883.0048 WEST 5744371 v2 FILED AND RECORDED OFFICIRL PUBLIC RECORDS 2 65043889 80/10/2005 01:50 PPF CARRILLO X26.00 NANCY E. RESTER, COUNTY CLERK WILLIAPMSON COUNTY, TEXAS BKH [WAGE 'TITLE SUITE 1500 78701