Loading...
CM-06-04-061PARTIAL RELEASE OF WATERLINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TRAVIS 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 CAPITAL CITY - SOCRATES, Ltd., a Texas limited partnership, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of a waterline easement of record in Document No. 2004024922, of the Official Public Records of Travis County, Texas and appearing of record in Cabinet Z, Slides 153-154 of the Plat Records of Williamson County, Texas, and Document No. 200400275, of the Official Public Records of Travis County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, showing such easement and describing three thousand three hundred and sixty-seven (3,367) square feet of land, out of Lot 1, a Final Replat of Round Rock Gateway Section One, a subdivision of record in Document No. 200400275, of the Official Public Records of Travis County, Texas and appearing of record in Cabinet Z, Slides 153-154 of the Plat Records of Williamson County, Texas; same being a portion of that certain Waterline Easement granted to the City of Round Rock from Capital City — Socrates, Ltd., executed February 10, 2004 and recorded in Document No. 2004024922, of the Official Public Records of Travis County, Texas; and the said three thousand three hundred and sixty-seven (3,367) square feet of land being more particularly described by metes and bounds as indicated; and 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 "P rtial Blease of Waterline Easement" to be executed on this the '7 day of the month of , 2006. Appriv-d as to form: Stepha L. Sheets, City Attorney 00097762/vr CM -U6 -D ti.t14 RELEASER: CITY OF ROUND ROCK, TEXAS By: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON Nuse, ity-Manager This instrument was acknowledged before me on this the -7 day of the month of A((2i, 2006, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the capacity and for the purposes and consideration therein expressed. • gyp'.: • f�'C�� i MICHAEL MASON WEAVER Notary Public, State of Texas My Commission Expires ▪ ;;;7,F January 31, 2010 AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Not. Public, State of Texas 2 3,367 SQUARE FEET LOT 1 A FINAL REPLAT OF ROUND ROCK GATEWAY SECTION ONE DESCRIPTION PARTIAL RELEASE FN.NO. 06-08(MAZ) JANUARY 19, 2006 BPI JOB NO. 1289-02.982 OF A 3,367 SQUARE FOOT TRACT OF LAND OUT OF LOT 1, A FINAL REPLAT OF ROUND ROCK GATEWAY SECTION ONE, A SUBDIVISION OF RECORD IN DOCUMENT NO. 200400275, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS AND APPEARING OF RECORD IN CABINET Z, SLIDES 153-154 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAME BEING A PORTION OF THAT CERTAIN WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK FROM CAPITAL CITY -SOCRATES, LTD, EXECUTED FEBRUARY 10, 2004 AND RECORDED IN DOCUMENT NO. 2004024922, OF SAID OFFICIAL PUBLIC RECORDS; SAID 3,367 SQUARE FOOT TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with cap set for the common easterly corner of said Lot 1 and Lot 3 of A Final Plat of Round Rock Gateway Section Three subdivision, of record in Document No. 200400091, of said Official Public Records and being in the westerly line of the remainder of that certain 120.658 acres described in the deed to Dell Computer Holding LP, of record in Volume 11938, Page 1764, of the Real Property Records of Travis County, Texas; said corner having Texas Coordinate System, Central Zone, NAD83(93)grid coordinates of N=10147404.198, E=3136091.849 and from which a 1/2 -inch iron rod with cap set for an angle point in the common line of said Lot 1 and said Lot 3 bears S74°36'08"W, a distance of 244.59 feet and also from which a 1/2 inch iron rod found for the northeasterly corner of said Lot 1 bears NO3°01'17"W, a distance of 673.68 feet; THENCE, S74°36'08"W, along the common line of said Lot 1 and said Lot 3, a distance of 53.70 feet to a point in an easterly line of said Waterline Easement of record; THENCE, N01°11'18"W, over and across said Lot 1 along the easterly line of said Waterline Easement of record, a distance of 50.19 feet to the POINT OF BEGINNING and the southeasterly corner hereof; THENCE, S43°48'42"W, continuing over and across said Lot 1 and across said Waterline Easement of record, a distance of 21.21 feet to a point in the westerly line of said Waterline Easement of record, for the southwesterly corner hereof; THENCE, continuing over and across said Lot 1 along the westerly line of said Waterline Easement of record, for the westerly line hereof, the following two (2) courses and distances: .13 2 EXHIBIT I I A I I FN NO. 06-08(MAZ) JANUARY 19, 2005 PAGE 2 OF 3 1) N01°11'18"W, a distance of 72.95 feet to an angle point; 2) N15°23'52"W, a distance of 158.64 feet to a point for the northwesterly corner hereof; THENCE, S60°23'52"E, continuing over and across said Lot 1 and across said Waterline Easement of record, a distance of 21.21 feet to a point in the easterly line of said Waterline Easement of record, for the northeasterly corner hereof, from which said 1/2 inch iron rod found for the northeasterly corner of said Lot 1 bears N07°27'32"E, a distance of 440.46 feet; THENCE, continuing over and across said Lot 1 along the easterly line of said Waterline Easement of record, for the easterly line hereof, the following six (6) courses and distances: 1) S15°23'52"E, a distance of 127.08 feet to an angle point; 2) N74°36'08"E, a distance of 6.00 feet to an angle point; 3) S15°23'52"E, a distance of 15.00 feet to an angle point; 4) S74°36'08"W, a distance of 6.00 feet to an angle point; 5) S15°23'52"E, a distance of 3.43 feet to an angle point; 6) S01°11'18"E, a distance of 59.82 feet to the POINT OF BEGINNING, containing an area of 3,367 square feet of land, more or less, within these metes and bounds. 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 FIELDNOTE DESCRIPTION. BURY & PARTNERS, INC. ENGINEERING SOLUTIONS JOHN BILNOSKI 3345 BEE CAVES ROAD, SUITE 200 NO. 4'98 AUSTIN, TEXAS 78746 STATE OF TEXAS 1 THE BASIS OF BEARINGS IS CITY OF ROUND ROCK CONTROL NETWORK REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD 83(93), CENTRAL ZONE UTILIZING MONUMENT NO.S 01-029, 01-018, AND 01-022 LEGEND • 1/2" IRON ROD FOUND O 1/2" IRON ROD SET P.O.C. POINT OF COMMENCING P.O.B. POINT OF BEGINNING PART 3 — 0.241 ACRES WATER LINE EASEMENT DOC. NO. 2004024922 PORTION TO REMAIN 0 25 50 75 100 1"=50' 3,367 SQUARE FEET TO BE RELEASED LOT 1 A FINAL REPLAT OF ROUND ROCK GATEWAY SECT10N ONE DOC NO. 200400275-0PRTC CAB 2, SL 153-154, PRWC CAPITAL CITY—SOCRATES, LTD DOC NO. 20031 59450—OPRTC LINE TABLE No. Bearing Distance L1 S43'48'42"W 21.21' L2 N01'11'18"W 72.95' L3 N15'23'52"W 158.64' L4 S60'23'52"E 21.21' L5 S15'23'52"E 127.08' L6 N74'36'08"E 6.00' L7 S15'23'52"E 15.00' L8 S74'36'08"W 6.00' L9 S15'23'52"E 3.43' L10 S01'11'18"E 59.82' L11 S74'36'08"W 53.70' L12 N01'11'18"W 50.19' L13 NO -7'27'32"E 440.46' Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partnere, Inc. ©Copyright 2005 PART 3 — 0.241 ACRES WATER LINE EASEMENT DOC. NO. 2004024922 PORTION TO REMAIN s-74'36' 24459 LOT 3 AT A FINAL PLOF ROUND ROCK GATEWAY SECTION THREE DOCUMENT NO. 200400091 N 9 J 1 1 .O.B. "co r (00 N 0 z SKETCH TO ACCOMPANY DESCRIPTION OF A 3,367 SQUARE FOOT PORTION OF THAT CERTAIN WATERLINE EASEMENT OF RECORD IN DOCUMENT NO. 2004024922, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. LL1fX L1~ 1 co 5 in —1 Q ttl� LL1 co 0Dr.� ill Z 1 1> 1_ tLl P.O.C. Y-10147404.198 X=3136091.849 CAPITAL CITY PARTNERS DATE: 01/19/06 FILE: H: \1289\02\128902EX24.dwg FN No.: 06-08MAZ DRAWN BY: MAZ PROJ. No: 1289-02.982 MEMORANDUM DATE: June 8, 2005 TO: Planning and Community Development Department FROM: Legal Department RE: Process for Release of Easement Requests The legal department has set up a log for all Release of Easement requests. All packets requesting such deeds and status inquiries need to be sent to Ashley Dawson. Ashley may be reached at ext. 471 or through e-mail at adawson@sheets-crossfield.com. Please fill in the necessary information in the attached form and return the forms along with the required documents listed below and any applicable EXHIBITS to Ashley Dawson. LIST OF REQUIRED DOCUMENTATION A copy of the proposed or recorded Plat showing the Easement to be conveyed and relevant plat notes, if any, regarding the Easement being conveyed. In order to verify proof of ownership, a deed will need to be provided showing the current owner of the Easement being conveyed. Vrf the ownership involves a corporation, a Resolution of Authorization and deed will need to be provided. CAn Abstractor's Certificate covering the property. 0 Exhibits - Field notes and sketch providing the legal description of the Easements being conveyed to the City. 83225 INFORMATION FOR RELEASE OF EASEMENTS Type of Easement being Released: ij Asc e_ Li 06 L AS6 MEN l Owner Information: Name of Owner P P i i 4 L- c I; - as e.?A9 FES L% b. Business Address [include city, county and zip code] 1717 td . 6 b`-- --rze-d 'r, 5 0 / J 3 5sO l4 u s T i,J I RA -vis) -7S-7e) 3 Phone No. 4 .- wp6, 9 Easement Description Information: Lot 1 Block ,q Subdivision r/nl4 4-f 4T of R2 641E401 SES, / Cabinet Slides Square Footage c900 4 -1/q-.2--- Document No. CORR Information: Name of staff person requesting release of easement / /� k)c-EA/4 b- 7 T-'-- -7 Ye 5 Checklist: ffi Approval of release requested and the City and all applicable public utility mpanies De d — to verify proof of ownership xhibits — Field Notes and Sketch providing the legal description of the Easement being released. j\io L -T I uz ..Q �: t,ti� bei (_),) „L %f.,,t1-cam 83228 OWNERSHIP AND LIEN CERTIFICATE File No. A-069591 Issued: February 2, 2006 This is to certify that we have searched the records of Travis and Williamson Counties in the Office of Heritage Title Company of Austin, Inc., through January 25, 2006 at 8:00 a.m. as to the following described property, to -wit: LEGAL DESCRIPTION Lot 1, A Final Replat of Round Rock Gateway Section One, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded under Document No. 200400275, Official Public Records of Travis County, Texas and recorded in Cabinet Z, Slides 237-238, of the Plat Records of Williamson County, Texas. RECORD TITLE APPEARS TO BE VESTED IN: Capital City -Socrates, Ltd., by deeds recorded under Document No. 2003074055, 2003169462, Official Public Records of Travis County, Texas and Document No. 2003030628 and Document No. 2003070128, Official Public Records of Williamson County, Texas. LIENS: 1. Deed of Trust dated August 10, 2005, recorded under Document No. 2005146817, Official Public Records of Travis County and recorded under Document No. 2005062395, Official Public Records of Williamson County, Texas, executed by Capital City -Socrates, Ltd., to Jane M. Magioncalda, Trustee, securing the payment of one note of even date therewith in the sum of $35,000,000.00, payable to Teachers Insurance and Annuity Association of America. Assignment of Leases and Rents dated August 10, 2005, recorded under Document No. 2005146818, Official Public Records of Travis County and recorded under Document No. 2005062396, Official Public Records of Williamson County, Texas, executed by Capital City -Socrates, Ltd., to Teachers Insurance and Annuity Association of America 2. Ground Leasehold Deed of Trust dated August 10, 2005, recorded under Document No. 2005146821, Official Public Records of Travis County and recorded under Document No. 2005062399, Official Public Records of Williamson County, Texas, executed by Capital City -Socrates, Ltd., to David L. Roberts, Trustee, securing the payment of one note of even date therewith in the sum of $6,450,000.00, payable to Compass Bank. The following information is based on a general search, from January 25, 1996 through January 25, 2006 as to the following person(s) and/or entity(ies): Capital City -Socrates, Ltd. (None of Record) This certificate is for the use of and shall inure to the benefit of Capital City Partners, Inc., and is issued in consideration of $0.00 paid to Heritage Title Company of Austin, Inc., (The Company) by same to whom said sum shall be returned as liquidated damages in the event of any mistake, error and or omissions herein, and by accepting this certificate, same agrees that said sum and no more shall constitute the full measure of damages against the Company. None of the information contained herein, or the absence of other information constitutes a representation to any party as to the status of the title to the subject property. If a title defect and/or encumbrance should exist which is not disclosed herein, the Company shall not be liable by reason of furnishing this certificate or for any verbal statements related thereto. The Company shall not be liable for any title defect unless a title policy is hereafter issued by its insuring against such title defect, and the applicable title policy premium paid. The company's liability shall then exist only under the terms of its policy as prescribed by the Department of Insurance and as measured and limited thereby. HERITAGE TITLE COMPANY OFAUSTIN, INC. 7, Rosie Albritton Customer Service/Examiner Capital City Partners, Inc. February 6, 2006 Mr. James R. Nuse City Manager City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664 Re: Proposed partial release of Water Line Easement (Official Public Records of Travis County, Document # 2004024922) dedicated to the City of Round Rock, Texas located on Lot 1, a Final Replat of Round Rock Gateway Section One, a subdivision in Travis and Williamson Counties, Texas according to the map or plat thereof, recoded under Document # 200400275, Official Public Records of Travis, County, Texas and recoded in Cabinet Z, Slides 237-238, of Plat Records of Williamson County, Texas Dear Mr. Nuse, The purpose of this request is to release a portion of the Water Line Easement to relieve the inadvertent encroachment by a proposed building in our Round Rock Crossing Shopping Center. It is my understanding the above referenced water line easement was only granted to the City Of Round Rock so other utility service providers consent is not required . Please note another water easement is being dedicated for the relocation of this waterline. Thank you for considering this request. If you have any questions or comments, I can be reached at (512) 481-9669. Sincerely, CAPITAL CITY — SOCRATES, LTD., a Texas Limited Partnership By: Capital City GP Corp., A Texas Corporation, Its General Partner By: 4d ,4(e: - Christopher H. Whitworth, President 1717 W. 6th Street Suite 390 Austin, Texas 78703 phone: 512-481-9669 fax: 481-1799 Capital City Partners, Inc. February 8, 2006 Mr. James R. Nuse City Manager City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664 RECEIVED FEB - 9 2006 CITY OF ROUND ROCK PLANNING DEPARTMENT Re: Proposed partial release of Water Line Easement (Official Public Records of Travis County, Document # 2004024922) dedicated to the City of Round Rock, Texas located on Lot 1, a Final Replat of Round Rock Gateway Section One, a subdivision in Travis and Williamson Counties, Texas according to the map or plat thereof, recoded under Document # 200400275, Official Public Records of Travis, County, Texas and recoded in Cabinet Z, Slides 237-238, of Plat Records of Williamson County, Texas Dear Mr. Nuse, The purpose of this request is to release a portion of the Water Line Easement to relieve the inadvertent encroachment by a proposed building in our Round Rock Crossing Shopping Center. It is my understanding the above referenced water line easement was only granted to the City Of Round Rock so other utility service providers consent is not required . Please note another water easement is being dedicated for the relocation of this waterline. Thank you for considering this request. If you have any questions or comments, I can be reached at (512) 481-9669. Sincerely, CAPITAL CITY — SOCRATES, LTD., a Texas Limited Partnership By: Capital City GP Corp., a Texas Corporation, Its General Partner Christopher H. Whitworth, President I have reviewed the above proposal for utility services purposes, and I have no objections. Danny Halden, P. E City Engineer City of Round Rock 218-6610 ee �` AA 3, 3 `7 ��- �z desu.. bid by bks 6004 thii0e 1717 W. 6th Street Suite 390 Austin, Texas 78703 phone: 512-481-9669 fax: 481-1799 3,367 SQUARE FEET LOT 1 A FINAL REPLAT OF ROUND ROCK GATEWAY SECTION ONE DESCRIPTION PARTIAL RELEASE FN.NO. 06-08(MAZ) JANUARY 19, 2006 BPI JOB NO. 1289-02.982 OF A 3,367 SQUARE FOOT TRACT OF LAND OUT OF LOT 1, A FINAL REPLAT OF ROUND ROCK GATEWAY SECTION ONE, A SUBDIVISION OF RECORD IN DOCUMENT NO. 200400275, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS AND APPEARING OF RECORD IN CABINET Z, SLIDES 153-154 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAME BEING A PORTION OF THAT CERTAIN WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK FROM CAPITAL CITY -SOCRATES, LTD, EXECUTED FEBRUARY 10, 2004 AND RECORDED IN DOCUMENT NO. 2004024922, OF SAID OFFICIAL PUBLIC RECORDS; SAID 3,367 SQUARE FOOT TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with cap set for the common easterly corner of said Lot 1 and Lot 3 of A Final Plat of Round Rock Gateway Section Three subdivision, of record in Document No. 200400091, of said Official Public Records and being in the westerly line of the remainder of that certain 120.658 acres described in the deed to Dell Computer Holding LP, of record in Volume 11938, Page 1764, of the Real Property Records of Travis County, Texas; said corner having Texas Coordinate System, Central Zone, NAD83(93)grid coordinates of N=10147404.198, E=3136091.849 and from which a 1/2 -inch iron rod with cap set for an angle point in the common line of said Lot 1 and said Lot 3 bears S74°36'08"W, a distance of 244.59 feet and also from which a 1/2 inch iron rod found for the northeasterly corner of said Lot 1 bears NO3°01'17"W, a distance of 673.68 feet; THENCE, S74°36'08"W, along the common line of said Lot 1 and said Lot 3, a distance of 53.70 feet to a point in an easterly line of said Waterline Easement of record; THENCE, N01°11'18"W, over and across said Lot 1 along the easterly line of said Waterline Easement of record, a distance of 50.19 feet to the POINT OF BEGINNING and the southeasterly corner hereof; THENCE, S43°48'42"W, continuing over and across said Lot 1 and across said Waterline Easement of record, a distance of 21.21 feet to a point in the westerly line of said Waterline Easement of record, for the southwesterly corner hereof; THENCE, continuing over and across said Lot 1 along the westerly line of said Waterline Easement of record, for the westerly line hereof, the following two (2) courses and distances: FN NO. 06-08(MAZ) JANUARY 19, 2005 PAGE 2 OF 3 1) N01°11'18"W, a distance of 72.95 feet to an angle point; 2) N15°23'52"W, a distance of 158.64 feet to a point for the northwesterly corner hereof; THENCE, S60°23'52"E, continuing over and across said Lot 1 and across said Waterline Easement of record, a distance of 21.21 feet to a point in the easterly line of said Waterline Easement of record, for the northeasterly corner hereof, from which said 1/2 inch iron rod found for the northeasterly corner of said Lot 1 bears N07°27'32"E, a distance of 440.46 feet; THENCE, continuing over and across said Lot 1 along the easterly line of said Waterline Easement of record, for the easterly line hereof, the following six (6) courses and distances: 1) S15°23'52"E, a distance of 127.08 feet to an angle point; 2) N74°36'08"E, a distance of 6.00 feet to an angle point; 3) S15°23'52"E, a distance of 15.00 feet to an angle point; 4) S74°36'08"W, a distance of 6.00 feet to an angle point; 5) S15°23'52"E, a distance of 3.43 feet to an angle point; 6) S01°11'18"E, a distance of 59.82 feet to the POINT OF BEGINNING, containing an area of 3,367 square feet of land, more or less, within these metes and bounds. 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 FIELDNOTE DESCRIPTION. BURY & PARTNERS, INC. 1 111V, ENGINEERING SOLUTIONS JOHN . BILNOSKI DATE 3345 BEE CAVES ROAD, SUITE 200 NO. 4'98 AUSTIN, TEXAS 78746 STATE OF TEXAS s ' THE BASIS OF BEARINGS IS CITY OF ROUND ROCK CONTROL NETWORK REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD 83(93), CENTRAL ZONE UTILIZING MONUMENT NO.S 01-029, 01-018, AND 01-022 I I I �1 \ LEGEND • 1/2" IRON ROD FOUND O 1/2" IRON ROD SET P.O.C. POINT OF COMMENCING P.O.B. POINT OF BEGINNING PART 3 — 0.241 ACRES WATER LINE EASEMENT DOC. NO. 2004024922 PORTION TO REMAIN 0 25 50 75 100 1"=50' 3,367 SQUARE FEET TO BE RELEASED roe— • \ \ \ LOT 1 A FINAL R.EPLAT OF ROUND ROCK GATEWAY SECTION ONE DOC NO. 200400275--OPRTC CAB Z, SL 153-154, PRWC CAPITAL CITY—SOCRATES, LTD DOC NO. 20031 694 S0— OPRTC LINE TABLE No. Bearing Distance L1 S43'48'42"W 21.21' L2 N01'11'18"W 72.95' L3 N15'23'52"W 158.64' L4 S60'23'52"E 21.21' L5 S15'23'52"E 127.08' L6 N74'36'08"E 6.00' L7 S15'23'52"E 15.00' L8 S74'36'08"W 6.00' L9 S15'23'52"E 3.43' L10 S01'11'18"E 59.82' L11 S74'36'08"W 53.70' L12 NO1'11'18"W 50.19' L13 N07'27'32"E 440.46' a N —J PART 3 — 0.241 ACRES WATER LINE EASEMENT---_�� DOC. NO. 2004024922 PORTION TO REMA/N .O.B. 244'59 LOT 3 A FINAL PLAT OF ROUND ROCK GATEWAY SECTION THREE DOCUMENT NO. 200400091 P.O.C. Y=10147404.198 �X= 3136091.849 111 Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partners, Inc. ®Copyright 2005 SKETCH TO ACCOMPANY DESCRIPTION OF A 3,367 SQUARE FOOT PORTION OF THAT CERTAIN WATERLINE EASEMENT OF RECORD IN DOCUMENT NO. 2004024922, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. CAPITAL CITY PARTNERS DATE: 01/19/06 FILE: H: \1289\02\128902EX24.dwg FN No.: 06-08MAZ DRAWN BY: MAZ PROJ. No: 1289-02.982 UNANIMOUS WRITTEN CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING OF CAPITAL CITY GP CORP. The undersigned, being all of the members of the Board of Directors of Capital City GP Corp., a Texas corporation (the "Corporation"), named in the Articles of Incorporation of the Corporation filed with the Secretary of State of Texas on June 27, 2002, hereby consent in writing, pursuant to the provisions of Article 9.10B of the Texas Business Corporation Act (the "Act"), to the taking of the following action and to the adoption of the following resolutions: RESOLVED, that the Articles of Incorporation of the Corporation, as filed with the Secretary of State of the State of Texas on June 26, 2002, are hereby in all respects confirmed, ratified, approved and adopted; and that upon election, the Secretary of the Corporation is hereby directed to insert such Articles of Incorporation, as certified by the Secretary of State of the State of Texas, in the minute book of the Corporation; and further RESOLVED, that the Bylaws that have been prepared for the Corporation are hereby in all respects confirmed, ratified, approved and adopted as the official Bylaws of the Corporation, to govern the conduct of its corporate affairs, and that upon election, the Secretary of the Corporation is hereby directed to insert the same in the minute book of the Corporation; and further RESOLVED, that the form of certificate for Common Stock of the Corporation prepared for the Corporation is hereby in all respects confirmed, ratified, approved and adopted as the official stock certificate of the Corporation, and that upon election, the Secretary of the Corporation is hereby directed to mark one such certificate as a specimen and to insert the same in the minute book of the Corporation; and further RESOLVED, that the corporate seal, the impression of which is affixed hereto, is hereby in all respects approved, adopted and accepted as the official corporate seal of the Corporation; and further RESOLVED, that the appropriate officers of the Corporation are hereby in all respects authorized, empowered and directed, to issue (i) five hundred (500) fully paid and nonassessable shares of the Common Stock of the Corporation to Joseph S. Lamy for the consideration of $500.00 cash, and (ii) 500 fully paid and nonassessable shares of the Common Stock of the Corporation to Christopher H. Whitworth for the consideration of $500.00 cash; and further RESOLVED, that the persons listed below are hereby elected to serve as officers of the Corporation in the offices set forth opposite their names below for the ensuing year or until whichever of the following shall first occur: his successor is duly elected and qualified, his resignation, his removal from office by the Board of Directors or his death. Christopher H. Whitworth President Joseph S. Lamy Vice President Christopher H. Whitworth Secretary Joseph S. Lamy Treasurer Joseph S. Lamy Assistant Secretary AND FURTHER RESOLVED, that the President and the Vice President are each hereby in all respects authorized for and on behalf of the Corporation to establish a banking relationship with any bank, including such accounts with such bank as the President or the Vice President of the Corporation deems necessary or appropriate or desirable; that the form of any and all resolutions required by such bank in connection with the establishment of such accounts and approved by the President or the Vice President of the Corporation are hereby in all respects ratified, confirmed, approved and adopted; and that all such persons as may be authorized and approved by the President or the Vice President of the Corporation as signatories with respect to such accounts may act as signatories with respect to such accounts; and further RESOLVED, that the Corporation hereby adopts the calendar year as its fiscal year for all financial reporting and tax purposes; and further RESOLVED, that the Corporation hereby adopts, approves, ratifies and confirms all contracts (including employment contracts), leases, agreements and other actions taken or performed by the organizers, incorporators, promoters and current directors and officers of the Corporation, and any and all other transactions involving such persons which were entered into with a good faith belief that such transactions were for the benefit and on behalf of the Corporation; and further RESOLVED, that the Corporation will pay all costs and expenses incurred by any incorporator, promoter, director or officer of the Corporation in connection with the promotion, creation, formation and incorporation of the Corporation; and further RESOLVED, that if the seal or attestation of the signature of the President or any Vice President of the Corporation is required by any party in connection with any of the transactions contemplated by these resolutions, the Secretary or any Assistant Secretary of the Corporation is hereby authorized to attest, for and on behalf of the Corporation, the signature of the President or any Vice President of the Corporation upon any instrument, document or other writing executed on behalf of the Corporation by the President or any Vice President of the Corporation and to affix the seal of the Corporation thereto; and further RESOLVED, that the appropriate officers of the Corporation are hereby authorized to execute and deliver such documents and take such action as they may deem necessary or appropriate to effect the intent and accomplish the purposes of the foregoing resolutions. EXECUTED effective as of the 27' day of June, 2002. 4/44 g.o 4141:4 Christopher H. Whitworth Joseph S. Lamy C:\d\sys\shared\capital_city\23701_general\020626 unanimous written consent of directors.wpd Corporations Section P.O..Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State Roger Williams Secretary of State The undersigned, as Secretary of State of Texas, does hereby certify that the attached is a true and correct copy of each document on file in this office as described below Certificate of Limited Partnership Capital City - Socrates, Ltd. Filing Number: 800181217 March 07, 2003 In testimony whereof, 1 have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on June 06, 2005.. Roger Williams Secretary of State Come visit us on the intemet at http://www sos.state.tx.us/ Phone- (512) 463-5555 Fax (512) 463-5709 TTY: 7-1-1 Prepared by- CSOTO Document: 92248820002 .*'oda r . '7. 2003,1,1 136AM.2 47GROGAN&8RAWNER SAGS WM cv- mi. !. cuu4 3.UOAW1 UiiULlA iONAWiltlt •cow 'N o • 2 9 2 2a 11) . 3t No.tS1.O 446 in tSecretary of atfflpe of the Texas MAR 0 71003 Corporations Section WFIER13AS, Capital wry GP Corp., a Teras ooxporeadoa (UM% es ral pier, e rtauo other parties, as sited patinas; have organ ized limitedpartnership (the _ ") pursuant to that c Limdbcd Paz#aaaaership ,A,groeon om dated as ofMart& 7, 2003 (the wAsitarshio ");and WHEREAS, pursuaaaaxtto Section 101(4 oftho Tem Revisal Limited Pertaerehip Act, Dot P ev Civ Stat 6132a-1 Is mg. (the 'An''), CCM' and the Suited parmers desire to complete the formation of the PartnarahiP the filing at a ceXtiiirate of frir__ _ with to Socretaxy of State of the She of Texas. . NOW, THIEREFORE, CCGP, its capacity as general partner oftbe Partnership, hereby tasks& the f tong declarations on behalf of the Partnership and preae5 same for filing to the' Secretary of State ot'the State of Teras: 1. Naxn>a 'Do name of the Partnership is "Capital City - Socrates, Ltd." 2 Xeliatered Office and Ara/ The registered aaafiae of'the Partnership b located it I? 7W. Street, Suite39Q, Aura., Trams 8103, sndthe reaistered ascot; eche Partnership is Capital City OP Carp., whose aad&ess is 1717 vir Shtb. Street, Suite 390, Austin, Tawas 78703. SZEZEICAIMMULED ,1 RS_E , CAPITAL CITY - SOCRATES, LTD. 3. WafilaniafftRt The principal 4Mce of the Partnership is located at 1717 W. Sixth Street, Butte 390, Ants, Testas 7a703. 4. GeneralPartuer, The sole general p er ofthe Partnership is Capital City € P Crap., a lio:as corporation, Mose acusis 1717 W. &db. ata et,.Suite 390, AUstin, Teas 78703. EXECUTED u ofthe 7* day of March,, 2003. CAPITAL CITY OF ago, a Texas corporeliou, General Partner bf Cepctel City - Secretes, Ltd. MesysIdiaceacapitaL044.237074onadjoskV20307 outs cilp (n t a).wpd t. Jun.26. '003.,,10:45AM GROGAN&BRAWNER .O.Box 13697 Austin, Texas 78711-3697 '�- Office of the Secretary of State CERTIFICATE OF INCORPORATION OF Capital City GP Corp. Filing Number: 800098209 No.5986yn:P. 2/6 Secretary of .State The undersigned, as Secretary of State of Texas, hereby certitie that Articles of Incorporation for the above named coxporation have been received in this office an a been found to conform to law. Accordingly, the undersigned, as Secretary of State, and by virtue of the authority vested in the Secretary by law, hereby issues this Certificate of Incorporation. Issuance of this Certificate of Incorporation does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 06/27/2002 Effective: 06/27/2002 Come visit us on the internet at http://www.sos.state.tx.us/ PIIONE(512) 463-5555 FAX(512) 463-5709 Prepared by. Jean Maxcbione .(4-4"/,., sem. Gwyn Shea Secretary of State TTY7-1-1 Jun..26. 2003 10:46AM GROGAN&BRAWNER No.59861 P. 3/6 ARTICLES OF INCORPORATION- , o CAPITAL CITY GP CORP. 1. The name of the corporation iS Capital City OP Corp. n_ Theperiod of its duration is perpetual. FILED In the Office of the Secretary of State of Texas JUN 27 2002 Corporations Simon III. The purpose for which the corporation is organized is to engage in the transaction of any or all lawful business for which a corporation may be incorporated under the Tao Business Corporation Act. The aggregate number of shares which, the corporation shall have authority to issue is 100,000 share of Common Stock with the par value of $1.00 each. The street address of the initial registered office of the corporation is 1717 W. Sixth Street, Suite 390, Austin, Texas 78703, and the name of its ii al registered agent at such address is Joseph S. Lamy. VI. The iwmber of directors constituting the initial Board of Directors is two, and the names and addresses of the persons who are to serve as directors until the first annul meeting of shareholders, or until their successors are elected and, qualified., are as follows: Jun1.26. 2003 10:46AM GROGAN&BRAWNER No.59863 P. 4/6 Joseph S. Lamy 1717 W. Sixth Street Suite 890 Austin, Texas 78703 Christopher EL Whitworth 1717 W. Sixth Street Suite 390 Austin, Texas 78703 The preemptive right of any shareholder of the corporation to acquire additional, unissued or Treasury shares of the corporation, or securities ofthe corporation convertible mato or carrying a right to subscribe to or acquire shares of the corporation, is hereby denied. �r Cumulative voting by the shareholders ofthe corporation s.t any election for directors ofthe e corporation is herebyprohibited. Every shareholder entitled to vote at each such election sb i11 bave .e right to vote, in person or by proxy, the number of shares owned by him. for as many persons as there are directors to be elected and for whose election he has a right to vote. TX. To the fullest extent permitted by the Miscellaneous Corporation Laws Act of the State of Texas, as the same exists or may hereafter be amended, a director of the corporation shall not be liable to the corporation or its shareholders for monetary damages for an act or omission in the director's capacity as a director. x -2 , Jun,.26. 2003 10:46AM GROGAN&BRAWNER No.5980 P. 5/6 The corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative, or investigative, any appeal in such an action, suit orproceeding, and any inquiry or investigation that could lead to such an action, suit or proceeding (whether or not by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee or agent ofthe corporation, oris or was serving at the request ofthe corporation as a director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of another corporation, partnership, job venture, sole proprietorship, trust, nonprofit entity, employee benefit plan, or other enterprise, against all judgments, penalties (including excise and similar taxes), Ives, settlements and reasonable expenses (including attorneys' fees and court costs) actually and reasonably incurred by him. in connection with such action, suit or proceeding to the fullest extent permitted by any applicable law, and such indemnity shall inure to the benefit of the heirs, executors and administrators of any such person so ?indemnified pursuant to this Article X. The night to indemnification under this .Article X kali be a contract rights and shall include, with respeot to directors and officers, the right to be paid by the corporation the expenses incurred in defending any such proceeding in advance of its disposition; howeve , that, if the Texas Busine a Corporation Act requires, the payment of such expenses incurred by a director or officer in advance of the final, disposition of a proceeding shall be made only upon delivery to the corporate of (i) a written affirmation by such director or officer of his good faith belief that he has met the standard of, conduct necessary for iadenmifioation under this Article X or otherwise and (ii) a written H undertaking by or on behalf of such director or officer to repay all amoi'ts so advanced if it shall ultimately be determined that such director or officer is not entitled to bre indemnified under this • -3- t Jun.26, 2003 10:46AM GROGAN&BRAWNER No.59863 P. 6/6 Article X or otherwise. The indemnification and advancement of expenses provided by, or granted pursuant to, this Article X shall not be deemed exclusive of any right to which those seeking rndewxilcation oradvancement ofexpense'smaybe =titled under any law, by-law, agreement, vote of shareholders or disinterested directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office. X[. Except to. the extent such power may be modified or divested by action of shareholders representing a majority of the issued and outstanding shares of the capital stock of the corporation, the power to alter, amend or repeal the By -Laws of the corporation shall be vested in the Board of Directors. XII. The corporation shall not commence business until it has received for the issuance of its shares consideration of the value of at least one thousand dollars (S 1,000, 00), consisting of money, labor done or property actually receives XIII. The name and address of the Jncoxporator is as follows: Jeffrey B. Brawner 2808 Fairraowxt Suite 150, LB 5 Dallas, Texas 75201 IN 'WITNESS WHEREOF, the Incorporatorhas executed these 271 day of June, 2002. clee ofIncoxporation, this effrcy Brawner CM\sys\sharedlcapitaicity1237O1_gene 020626 a cies of iacorporation.wpd • T. RN TO: 98 SAN JACINTO�n'AGE rm AUSTIN, BLVD., STE. 400 TEXAS 78701 1111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I111:vp:2""4 0" p( SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF TRAVIS AND WILLIAMSON § THAT SOCRATES RETAIL JOINT VENTURE, a Texas joint venture (referred to herein as the "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) cash and other good and valuable consideration in hand paid by CAPITAL CITY -SOCRATES, LTD., a Texas limited partnership, and AUSTIN -CENTURY PARK, LTD., a Texas limited partnership (together referred to herein as "Grantees"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantees, in undivided interests as hereinafter specified, all that certain real property (including any improvements thereon) situated in Travis and Williamson Counties, Texas, more particularly described on Exhibit "N' attached hereto and incorporated herein by reference (the "Property"), together with all and singular the rights and appurtenances in anywise belonging thereto. BUT it is understood and acknowledged, and Grantees, each by their execution hereof, hereby agree and stipulate, that the Property is conveyed to, and will as a result of this conveyance vest in, Grantees in their respective percentages of undivided interests as follows: Name of Grantee Percentage of Undivided Interest Capital City -Socrates, Ltd. Austin -Century Park, Ltd. 37.69% 62.31% THIS CONVEYANCE IS EXPRESSLY MADE AND ACCEPTED SUBJECT TO those certain easements, covenants, restrictions and other matters set forth on Exhibit "B" attached hereto and made a part hereof, to the extent the salve are valid and subsisting and affect the Property (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances in anywise belonging thereto, subject to the Permitted Exceptions, unto Grantees, and their respective successors and assigns, in the respective undivided interests hereinabove specified, forever, and Grantor does hereby bind Grantor, and Grantor's successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantees, and their respective successors and assigns, in the respective undivided interests hereinabove specified, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions. For the same consideration, Grantor hereby conveys unto Grantees, all interest, if any, of Grantor in strips and gores between the Property and abutting properties and any land lying in or 405934:JWE AUSTIN:0324031.2 under the bed of any street, alley, road or right-of-way, open or proposed, abutting or adjacent to the Property; provided, however, this conveyance pursuant to this paragraph is made subject to all existing reservations from and exceptions to title and is made without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby expressly excluded. Grantees assume and agree to pay taxes for 2003 and subsequent years. Grantees acknowledge that the Property which is the subject of this conveyance is out of, and comprises a part of, a certain retail shopping center development (for convenience of reference herein, the "Shopping Center") previously partially developed by Grantor and/or one or more of Grantor's affiliates, and that in connection with such development, certain exclusive use restrictions have been granted for the benefit of certain tenants/occupants of adjacent real property comprising the Shopping Center, more particularly described on Exhibit "C" attached hereto and made a part hereof (collectively, the tracts or parcels comprising such adjacent real property as described on Exhibit "C" attached hereto being referred to herein as the "Outparcels"). Grantees, each by their acceptance hereof, on behalf of themselves, and their respective successors and assigns, do hereby acknowledge, covenant, agree and declare that, for so long as the use restrictions (collectively, the "Restrictions") set out or otherwise described on Exhibit "D" attached hereto and made a part hereof remain operative and effective for the benefit of the applicable tenants/occupants of the Outparcels, Grantees, and their respective successors and assigns, shall observe and be bound by all such Restrictions, meaning that Grantees, their respective successors or assigns, shall not conduct, or allow to be conducted, any business or operation on the Property in violation of such Restrictions, for so long as such Restrictions remain in force and effect with respect to the Shopping Center. Enforcement of these Restrictions may be by a proceeding at law or in equity against any person(s) or entity(ies) violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages, and failure by Grantor, its successors and/or assigns, or any party which is a beneficiary of the Restrictions, or any of them, to enforce any of said Restrictions shall in no event be deemed a waiver of the right to do so. Should any party entitled to enforce the provisions of the Restrictions as aforesaid bring suit against any other person or entity for the enforcement of any of the provisions hereof, the prevailing party shall be entitled to recover from the non -prevailing party its/their court costs, together with reasonable attorneys' fees and other associated legal expenses. The terms and provisions of all of the Restrictions shall run with the Property and bind Grantees, their respective successors and assigns, for so long as the Restrictions remain in force and effect with respect to the Shopping Center. EXECUTED on the date(s) of Grantor's and Grantees' respective acknowledgments hereinbelow, to be effective and delivered as of the 2nd day of April, 2003. 405934:JWE AUSTIN:0324031.2 [Signatures on Next Page] 2 GRANTOR: SOCRATES RETAIL JOINT VENTURE, a Texas joint venture By: g110714e,s!2= Thomas J. TerWA, Venture Manager GRANTEES: CAPITAL CITY -SOCRATES, LTD., a Texas limited partnership By: Capital City GP Corp., a Texas corporation, its General Partner By: ‘4/710%*# Christopher H. Whitworth, President AUSTIN -CENTURY PARK, LTD., a Texas limited partnership By: Sage 'and Co : , ny, Inc., a Texas corport on, it , Genera Partner ADDRESS OF GRANTEES: ? Capital City Partners, Inc. 1717 W. 6th Street, Suite 390 Austin, Texas 78703 Attn: Chris Whitworth AFTER RECORDING, PLEASE R URN TO: Heritage Title Company of Austin, c. 98 San Jacinto Blvd., Suite 400 Austin, Texas 78701 Attn: Kathy Nunn (GF No. 00021235) 405934:JWE AUST1N:0324031.2 3 By: Name: ta,:'O +� Title: tS 'ca"' STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on the day of April, 2003, by Thomas J. Terkel, Venture Manager of Socrates Retail Joint Venture, a Texas joint venture, on behalf of said joint venture. ANOTARY UNN C State of Texas Comm. Exp. 04-11-2004 STATE OF TEXAS COUNTY OF TRAVIS § Notary ' blic, ate of Texas This instrument was acknowledged before me on the v day of April, 2003, by Christopher H. Whitworth, President of Capital City GP Corp., a Texas corporation, General Partner of Capital City-Socrat Lt . - , ., ; �� ' t ; nership, on beha f of said limited p. rtnership. ts("' o,,. KATHY S. NUNN 4,\l<n NOTARY PUBLIC N ~ y State of Texas y}� Comm. Exp. 04-11-2004 STATE OF TEXAS COUNTY OF TRAVIS This i ment was acknowledged W f � (0'0'1 , i corporation, General Partner ofAu said limited partnership. otary ' • .Iic, at- of Texas efore me on the day of April, 2003, by of . ge Land Comp. , Inc., a Texas tin -Century Park, Ltd., a ►exas it d p ner- ip, on behalf of KATHY S. NUNN )7, NOTARY PUBLIC State of Texas Comm. Exp. 04-11-2004 N i ary Public, . tate .- f Texas Exhibits: "A" — Description of Property "A-1" — Aggregate Boundary Description of All Tracts Comprising the Property "B" — Permitted Exceptions to Title "C" — Description of Outparcels "D" — Restrictions 405934:JWE AUSTIN:0324031.2 4 EXHIBIT "A" (Description of Property) TRACT 1 Lots 3A and 3B, Block "A" also called Block "1", of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142, of the Plat Records of Williamson County, Texas. TRACT 2 Easement Estate appurtenant to Tract 1, being over and across (i) Lots 1 and 2 of SOCRATES SUBDIVISION, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 96, Page(s) 110-112 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 236-237 of the Plat Records of Williamson County, Texas, (ii) Lot 2, Block "1" of LOT 2 AND 4C, BLOCK 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 2, 4C AND 4D, BLOCK 1, SOCRATES ADDITION PLASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, the same recorded in Cabinet 0, Slide(s) 309-310 of the Plat Records of Williamson County, Texas, and (iii) Lots 4A and 4B of SOCRATES ADDITION II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, the same recorded in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas, said Easement Estate having been created in that certain Operation and Easement Agreement among Dayton Hudson Corporation, Socrates Retail Joint Venture and Applebee's of Texas, Inc., dated February 9, 1996, recorded in Volume 12620, Page 1304 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9606925 of the Official Records of Williamson County, Texas, and amended by instrument recorded in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9752530 of the Official Records of Williamson County, Texas. TRACT 3 Being 0.434 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being the same property conveyed to Socrates Retail Joint Venture in deed dated January 7, 1999, recorded in Volume 13345, Page 2535 of the Real Property. Records of Travis County, Texas. A-1 TRACT 4 Being 0.152 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.152 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 5 Being 0.056 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.056 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson County, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 6 Being 0.129 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.129 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Said Tracts 1, 3, 4, 5 and 6 contain 20.081 acres of land, more or less, being more particularly described by metes and bounds on Exhibit A-1 attached hereto and made a part hereof. A-2 EXHIBIT A-1 (Aggregate Boundary Description of All Tracts Comprising the Property) [See Attached] A-1-1 SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, made a careful and accurate survey on the ground of the following described property: BEING all that certain tract or parcel of land situated in the Socrates Darling Survey No. 102, Abstract No. 876, City of Round Rock, Travis and Williamson Counties, Texas, same being all of Lot 3A and Lot 3B of Block 1 of Round Rock Crossing, an addition to the City of Round Rock, according to the plat thereof recorded in Volume 100, Page 205 of the Plat Records, Travis County, Texas and recorded in Cabinet "P", Slide 140, Plat Records, Williamson County, Texas, and being all of the .0.152 acre tract, the 0.056 acre tract and the 0.129 acre tract, shown as Right-of-way Reserve parcels by plat of said Round Rock Crossing, and also being all of that certain called 0.434 acre tract of land conveyed to Socrates Retail Joint Venture by deed recorded in Volume 13345, Page 2535, Real Property Records, Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found for corner at the most easterly northeast corner of said Lot 3A, same being at the common easterly southeast corner of Lot 2 of Block 1 of Socrates Addition — Phase II, an addition to the City of Round Rock, according to the plat thereof recorded in Volume 99, Pages 177 and 178 of the Plat Records, Travis County, Texas and recorded in Cabinet "0", Slides 309 and 310, Plat Records, Williamson County, Texas; THENCE departing said Lot 2, Block 1, Socrates Addition Phase II, South 07° 04' 00" West, (Bearing Basis — Plat -- Round Rock Crossing) a distance of 858.08 feet to a 5/8" iron rod found for corner at the southeast corner of said Lot 3A; THENCE South 76° 15' 00" West, a distance of 844.05 feet to a 1/2" iron rod found for corner at the most southerly southeast corner of said Lot 3A, same being in an east line of Lot B of the D -K Subdivision, an addition to the City of Round Rock according to the plat thereof recorded in Plat Book 84, Pages 90C and 90D, Plat Records, Travis County, Texas; THENCE North 15° 24' 00" West, at a distance of 82.59 passing a 1/2" iron rod found at the northeast corner of said Lot B and the common southeast corner of Lot A of said D -K Subdivision, and continuing on a total distance of 162.51 feet to a 1/2" iron rod found. for corner at the northeast corner of said Lot A, same being at the southeast corner of that certain called 0.689 '71-X1 IIBIT "A". acre tract of land conveyed to Clayton B. Stone by deed recorded in Volume 11602, Page 1206, Deed Records, Travis County, Texas; THENCE North 15° 16' 00" West, a distance of 99.92 feet to a 1" iron pipe found for corner at the northeast corner of said Stone tract, same being at a common corner of said Lot 3A, and being in the south Zine of Lot 3C, Block 1, of said Round Rock Crossing addition; THENCE North 74° 50' 00" East, a distance of 50.00 feet to a 5/8" iron rod found for corner at the southeast corner of said Lot 3C and a common corner of said Lot 3A; THENCE North 15° 15' 00" West, a distance of 124.94 feet to a 5/8" iron rod found for corner at the northeast corner of said Lot 3C and a common corner of said Lot 3A, same being in the south line of the aforementioned Lot 3B, Block 1, Round Rock Crossing addition; THENCE South 74° 45' 00" West, a distance of 301.90 feet to a 5/8" iron rod found for corner at the northwest corner of said Lot 3C and the common southeast corner of said Lot 3B, same being at the common corner of the aforementioned 0.056 acre and 0.129 acre Right-of-way Reserve parcels Round Rock Crossing addition; ' THENCE South 12° 34' 50" East, a distance of 124.64 feet to a 5/8" iron rod found for corner at the southwest corner of said Lot 3C and the common southeast corner of said 0.129 acre Right-of-way Reserve parcel, same being in the north line of aforesaid Stone tract; THENCE South 74° 50' 00" West, a distance of 42.16 feet to a 1" iron pipe found for corner at the southwest corner of said 0.129 acre Right-of-way Reserve parcel, same being in the east line of Interstate Highway No. 35, a variable width right-of-way; THENCE North 15° 12' 00" West, along the east line of said Interstate Highway No. 35, passing the corners of said 0.129 acre, aforesaid 0.056 acre and aforementioned 0.152 acre Right -of -Way Reserve Parcels and continuing on a total of 299.42 feet to a 5/8" iron rod found for corner at the Northwest corner of said 0.152 acre Right -of -Way Reserve Parcel and the common southwest corner of the aforementioned Socrates Retail Joint Venture called 0.434 acre tract; THENCE North 11° 44' 00" West, continuing along the east line of said Interstate Highway No. 35, a distance of 135.31 feet to a Texas Department of Transportation brass monument found for corner at the northwest corner of said Socrates Retail Joint Venture called 0.434 acre tract; '1\1 /kg 1. I THENCE North 74° 48' 00" East, a distance of 135.57 feet to a 5/8" iron rod found for corner at the northeast corner of said Socrates Retail Joint Venture called 0.434 acre tract, same being at the common northwest corner of that certain called 0.262 acre tract of land conveyed to Jori, Inc.; THENCE South 15° 40' 00" East, a distance of 134.90 feet to a 5/8" iron rod found for corner at the southeast corner of said Socrates Retail Joint Venture called 0.434 acre tract, same being at the common southwest corner of said Jori, Inc. called 0.262 acre tract, and being in the north line of aforesaid Lot 3B, Block 1, Round Rock Crossing addition; THENCE North 74° 44' 00" East, along the North line of said Lot 3B, a distance of 154.88 to a 1/2" iron rod found for corner at the southeast corner of said Jori. Inc. called 0.262 acre tract, same being at the common southwest corner of that certain called 0.84 acre tract of land conveyed to North IH -35 Investments, Inc. by deed recorded in Volume 12675, Page 2061, Real Property Records, Travis County, Texas; THENCE North 74° 47' 00" East, passing the northeast corner of said Lot 3B and a common corner aforesaid Lot 3A, Block 1, Round Rock Crossing addition and continuing on a total distance of 220.69 feet to a 1/2" iron rod found at a chain Zink fence post at the southeast corner of said North IH -35 Investments, Inc. called 0.84 acre tract and a common corner of said Lot 3A; THENCE North 15° 21' 00" West, passing the northeast corner of said North IH -35 Investments, Inc., called 0.84 acre tract and the common southeast corner of that certain 1.471 acre tract conveyed to North IH -35 Investments, Inc., by deed recorded in Volume 11891, Page 2901, Real Property Records, Travis County, Texas, and continuing on a total distance of 317.31 feet to a 5/8" iron rod found for corner at the northeast corner of said North IH -35 Investments, Inc. called 1.471 acre tract and a common corner of said Lot 3A; THENCE South 74° 45' 00" West, a distance of 444.58 feet to a 5/8" iron rod found for corner at a westerly southwest corner of said Lot 3A and a common southeast corner of Lot 1 of Block 1 (Right-of-way Reserve parcel) Socrates Subdivision, an addition to the City of Round Rock according to the plat thereof recorded in Volume 96, Pages 110 and 111, Plat Records, Travis County, Texas; THENCE North 11° 45' 00" West, along the east line of said Lot 1, Block 1, Socrates Subdivision, a distance of 67.70 feet to a 5/8" iron rod found for corner at the most northerly northwest corner of said Lot 3A and the most westerly southwest corner of aforesaid Lot 2, Block 1, Socrates Addition — Phase II; I IIBIT '' 1 THENCE along the common lines of said Lot 2 and said Lot 3A, the following courses and distances numbered (1) through (12): (1) North 78° 16' 00" East, a distance of 120.06 feet to a 5/8" iron rod found for corner; (2) South 11° 44' 00" East, a distance of 8.23 feet to an "x" in concrete found for corner; (3) North 78° 16' 00" East, a distance of 462.27 feet to an "x" in concrete found for corner; (4) South 11° 44' 00" East, a distance of 113.05 feet to a 5/8" iron rod found for corner; (5) North 76° 15' 00" East; a distance of 221.99 feet to an "x" in concrete found for corner; (6) South 13° 45' 00" East, a distance. of 34.00 feet to a 5/8" iron rod found for corner; (7) North 76° 15' 00" East, a distance of 226.30 feet to a 5/8" iron rod found for corner; (8) North 13° 45' 00" West, a distance of 100.59 feet to an "x" in concrete found for corner; (9) North 76° 15' 00" East, joining the wall of an existing building and continuing on a total distance of 214.33 feet to a corner in the face of said wall; (10) South 13° 45' 00" East, a distance of 10.00 feet to a corner; (11) North 76° 15' 00" East, a distance of 99.08 feet to an "x" in concrete found for corner; (12) South 59° 19' 19" East, a distance of 76.93 feet to the POINT OF BEGINNING and CONTAINING 20.081 ACRES OF LAND. EXHIBIT "B" (Permitted Exceptions) 1. The following restrictive covenants of record: (a) Volume 96, Page(s) 151-152, Volume 97, Page(s) 166-167 and Volume 100, Page(s) 205-207 of the Plat Records, Volume 12620, Page 1281, Volume 12620, Page 1304, Volume 12755, Page 2848, Volume 12775, Page 1479 and Volume 13056, Page 1973 of the Real Property Records, all of Travis County, Texas; and Cabinet M, Slide(s) 257-258, Cabinet N, Slide(s) 201-202 and Cabinet P, Slide(s) 140-142 of the Plat Records, Document Nos. 9606923, 9606925, 9643977, 9650052 and 9752530 of the Official Records, all of Williamson County, Texas. (TRACTS 1 AND 2) (b) Volume 96, Page(s) 110-112 and Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, and Cabinet M, Slide(s) 236-237 and Cabinet 0, Slide(s) 309- 310 of the Plat Records of Williamson County, Texas. (TRACT 2) (c) Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas; Volume 12620, Page 1304, and amended in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded in Document No(s). 9606925 and 9752530 of the Official Records of Williamson County, Texas (TRACTS 4, 5 AND 6) 2. Sanitary sewer easement 15 feet in width located across a portion of the property, granted to the City of Round Rock on April 18, 1986, recorded in Volume 1364, Page 964 of the Official Records of Williamson County, Texas; the same being shown on the Plats recorded in Volume 96, Page(s) 151-152 and Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 257-258 and Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on survey dated July 31, 2002, revised September 18, 2002 prepared by David Petree, Registered Professional Land Surveyor No. 1890 ("the Survey"). (TRACT 1 -LOT 3A) 3. Public utility easement 10 feet in width reserved along the northerly, southerly, easterly and westerly property lines as shown on the Plats recorded in Volume 96, Page(s) 151-152 and Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 257-258 and Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -LOT 3A) 4. Water and wastewater easements 15 feet in width reserved across portions of the property as shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3A) B-1 5. Water line and sanitary sewer easements 15 feet in width located across portions of the property, granted to the City of Round Rock on September 4, 1996, recorded in Volume 12910, Page 330 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9713299 of the Official Records of Williamson County, Texas, the same shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Assigned to the Lower Colorado River Authority in Document No. 2002055583 of the Official Public Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3A) 6. Public utility easement 15 feet in width along the westerly property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -BOTH LOTS) 7. Driveway easement 50 feet in width reserved across the western portion of the property as shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3A) 8. Public utility easement 10 feet in width along the northerly property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -LOT 3B) 9. Public utility easement 7.5 feet in width along the southerly property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3B) 10. Public utility easement 7.5 feet in width along the north property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -LOT 3A) 11. Water and wastewater easements 15 feet in width reserved across portions of the property as shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -BOTH LOTS) 12. Public utility easement 10 feet in width located across a portion of the property, as shown on the Plat recorded in Volume 96, Page(s) 151-152 and Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 257-258 and Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Purported to B-2 be abandoned as stated on said current Plat, as shown on the Survey. (TRACT 1 -BOTH LOTS) 13. Public utilities shown on the Plats recorded in Volume 96, Page(s) 110-112, Volume 96, Page(s) 151-152, Volume 97, Page(s) 166-167 and Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 236-237, Cabinet M, Slide(s) 257-258, Cabinet N, Slide(s) 201-202 and Cabinet 0, Slide(s) 309-310 of the Plat Records of Williamson County, Texas, as shown on the Survey. (AS TO THOSE PORTIONS OF TRACT 2 ENCUMBERED BY THE EASEMENT ESTATE) 14. Site Development and Repurchase Option Agreement dated January 18, 1996, recorded in Volume 12605, Page 863 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9602864 of the Official Public Records of Williamson County, Texas. (TRACTS 1 AND 2) 15. Electric power line easement granted to Texas Power & Light Company, by instrument dated April 19, 1970, recorded in Volume 527, Page 652 of the Deed Records of Williamson County, Texas, as shown on the Survey. (TRACT 2) 16. Electric distribution and telephone line easement granted to Texas Power & Light Company and Southwestern Bell Telephone Company, by instrument dated March 7, 1974, recorded in Volume 5085, Page 1500 of the Deed Records of Travis County, Texas. (TRACT 2) 17. Electric distribution and telephone line easement granted to Texas Power & Light Company, by instrument dated August 8, 1980, recorded in Volume 7167, Page 822 of the Deed Records of Travis County, Texas, the same recorded in Volume 812, Page 463 of the Deed Records of Williamson County, Texas. (TRACT 2) 18. Terms, provisions and conditions set out in that certain Easement Agreement dated January 18, 1996, recorded in Volume 12605, Page 854 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9602863 of the Official Records of Williamson County Texas. (TRACT 2) 19. Water line and sanitary sewer easement granted to City of Round Rock, by instrument dated September 10, 1996, recorded in Volume 12910, Page 340 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9713298 of the Official Records of Williamson County, Texas. Assigned to the Lower Colorado River Authority in Document No. 2002055583 of the Official Public Records of Williamson County, Texas, as shown on the Survey. (TRACT 2) 20. Subject property lies within the boundaries of Brushy Creek Water Control and Improvement District No. 1. (ALL TRACTS) 21. Electric utility easements granted to the City of Round Rock on August 7, 1997, recorded under Document No(s). 9736704, 9736705 and 9736706 of the Official Public Records of B-3 Williamson County, Texas, the same recorded in Volume 12998, Page 37, Volume 12998, Page 47 and Volume 12998, Page 57 of the Real Property Records of Travis County, Texas, said easements being the subject of that certain (i) Correction of Easement dated September 9, 1997, recorded under Document No. 9741956 of the Official Records of Williamson County, Texas, and (ii) Correction of Easement dated September 12, 1997, recorded in Volume 13019, Page 1871 of the Real Property Records of Travis County, Texas, as shown on the Survey. (TRACTS 1 AND 2) 22. Terms, conditions and stipulations contained in that certain Operation and Easement Agreement dated February 9, 1996, recorded in Volume 12620, Page 1304 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9606925 of the Official Records of Williamson County, Texas. Amended by instrument recorded in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9752530 of the Official Records of Williamson County, Texas. (TRACTS 1, 2, 4, 5 AND 6) 23. All oil, gas and other minerals, together with all rights relating thereto, express or implied, reserved in instrument recorded in Volume 6663, Page 241 of the Deed Records of Travis County, Texas, the same recorded in Volume 2244, Page 118 of the Official Records of Williamson County, Texas. (TRACTS 1 AND 2) 24. Temporary truck turn -around located in the northeast corner of Lot 3A of Tract 1 as set out under Document No. 9606925 of the Official Records of Williamson County, Texas, the same recorded in Volume 12620, Page 1304 of the Real Property Records of Travis County, Texas, as shown on the Survey. (TRACT 1 — LOT 3A) 25. Location of proposed right-of-way for S.H. 45, as shown on the Survey (TRACT 2) 26. Location of guy wire, as shown on the Survey. (TRACT 1 -LOT 3A) 27. Location of power pole and sign, as shown on the Survey. (TRACT 3) 28. Location of sanitary sewer line and manholes, as shown on the Survey. (TRACT 1 — LOT 3A) 29. Location of sign as shown on the Survey. (TRACT 4) 30. The terms, conditions and stipulations set out in that certain Memorandum of Site Development and Repurchase Option Agreement dated August 21, 1996, recorded in Volume 12755, Page(s) 2843 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9643976 of the Official Records of Williamson County, Texas. (TRACTS 1 AND 2) 31. Electric transmission and/or distribution line easement granted to Texas Power & Light Company, by instrument dated August 4, 1936, recorded in Volume 549, Page 379 of the B-4 Deed Records of Travis County, Texas. (TRACT 3) 32. Electric distribution and telephone line easement granted to Texas Power & Light Company and Southwestern Bell Telephone Company, by instrument dated January 24, 1973, as recorded in Volume 5063, Page 1606 of the Deed Records of Travis County, Texas, and as shown on the Survey. (TRACT 1 -LOT 3B) 33. Electric distribution and telephone line easement granted to Texas Power & Light Company and Southwestern Bell Telephone Company, by instrument dated January 31, 1976, recorded in Volume 5496, Page 21 of the Deed Records of Travis County, Texas. (TRACT 3) 34. Right-of-way easement granted to North IH -35 Investments, Inc., by instrument dated March 9, 1993, recorded in Volume 11891, Page. 2901 of the Real Property Records of Travis County, Texas, together with the rights of the owner(s) of those tracts described in Volume 12675, Page 2061 and Volume 13089, Page 2008 of the Real Property Records of Travis County, Texas, to use said easement, and as shown on the Survey. (TRACT 3) 35. Electric power line and communication line(s) easement granted to Texas Power & Light Company, by instrument dated January 19, 1962, recorded in Volume 2437, Page 426 of the Deed Records of Travis County, Texas, and as shown on the Survey. (TRACT 6) 36. These properties are reserved for current or/and future right-of-way as indicated on the Plat(s) recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, and as shown on the Survey. (TRACTS 4, 5 and 6) 37. The Restrictions set forth on Exhibit "D" attached hereto and made a part hereof. (ALL TRACTS) B-5 EXHIBIT "C" (Description of Outparcels) Lot 4C, Block 1, SOCRATES ADDITION PHASE II (REPLAT OF LOTS 2, 4C AND 4D, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, and in Cabinet 0, Slide(s) 309-310 of the Plat Records of Williamson County, Texas. Lot 2, of SOCRATES SUBDIVISION, a subdivision in the City of Round Rock, Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 96, Page(s) 110-111 of the Plat Records of Travis County, Texas, and in Cabinet M, Slide(s) 236-237 of the Plat Records of Williamson County, Texas. Lot 4A, Block 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, and in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas. Lot 4B, Block 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, and in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas. C-1 EXHIBIT "D" (Restrictions) The Restrictions include the following restrictions in favor of the following existing tenants/occupants of the Shopping Center: Tenant/Occupant Principal Business Activity 1. Castle Dental Centers of Texas, Inc. Dental Facility 2. David M. Wheeler dba Dragon's Lair Retail sale of comics, games, miniatures, video cassettes, DVDs, Japanese Manga 3. AusTex Clippers, Inc. Haircutters and Salon 4. Deli Management, Inc. dba Jason's Deli A restaurant whose primary menu items are delicatessen style sandwiches, soups, salads and baked potatoes or any one or more of such items. 5. LP Austin, Inc. dba Lamppost Pizza Serving or delivery of pizza or Italian dishes. 6. Reid's Cleaners, Inc. Sale of dry cleaning services. 7. Taco Bell A restaurant, the primary business of which being the retail sale of Mexican food. 8. Boston Market A restaurant or food service establishment which prepares, serves or sells poultry or poultry products (including, but not limited to, rotisserie chicken and rotisserie turkey) or bulk ham; provided, however, that (a) Purchaser's Property may be used as, or sold or leased for use as, a restaurant or food service establishment which prepares, serves or sells poultry or poultry products (but especially excluding rotisserie chicken or rotisserie turkey, which are not permitted under any circumstance) so long as such sales are incidental (as hereinafter defined) to the sale of its other products, D-1 and (b) the foregoing restrictions shall in no event be deemed or interpreted to preclude a grocery store or supermarket from selling poultry, poultry products or ham (whether or not in bulk, pre -prepared or otherwise and whether or not rotisserie style, smoked and/or otherwise cooked or prepackaged) as a part of its meat department. As used herein, the term "incidental" shall mean that any such owner, tenant or occupant shall not derive more than thirty percent (30%) of its annual gross sales from the sale of poultry or poultry products. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 04-03-2003 04:00 PM 2003074055 JUAREZY $45.00 DANA DEBEAUVOIR ,COUNTY CLERK TRAVIS COUNTY, TEXAS 200307N062E3 19 pgs SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF TRAVIS AND WILLIAMSON § THAT SOCRATES RETAIL JOINT VENTURE, a Texas joint venture (referred to herein as the "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) cash and other good and valuable consideration in hand paid by CAPITAL CITY -SOCRATES, LTD., a Texas limited partnership, and AUSTIN -CENTURY PARK, LTD., a Texas limited partnership (together referred to herein as "Grantees"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantees, in undivided interests as hereinafter specified, all that certain real property (including any improvements thereon) situated in Travis and Williamson Counties, Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), together with all and singular the rights and appurtenances in anywise belonging thereto. BUT it is understood and acknowledged, and Grantees, each by their execution hereof, hereby agree and stipulate, that the Property is conveyed to, and will as a result of this conveyance vest in, Grantees in their respective percentages of undivided interests as follows: Name of Grantee Percentage of Undivided Interest Capital City -Socrates, Ltd. Austin -Century Park, Ltd. 37.69% 62.31% THIS CONVEYANCE IS EXPRESSLY MADE AND ACCEPTED SUBJECT TO those certain easements, covenants, restrictions and other matters set forth on Exhibit "B" attached hereto and made a part hereof, to the extent the same are valid and subsisting and affect the Property (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances in anywise belonging thereto, subject to the Permitted Exceptions, unto Grantees, and their respective successors and assigns, in the respective undivided interests hereinabove specified, forever, and Grantor does hereby bind Grantor, and Grantor's successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantees, and their respective successors and assigns, in the respective undivided interests hereinabove specified, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions. For the same consideration, Grantor hereby conveys unto Grantees, all interest, if any, of Grantor in strips and gores between the Property and abutting properties and any land lying in or 405934:JWE AUSTIN:0324031.2 under the bed of any street, alley, road or right-of-way, open or proposed, abutting or adjacent to the Property; provided, however, this conveyance pursuant to this paragraph is made subject to all existing reservations from and exceptions to title and is made without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby expressly excluded. Grantees assume and agree to pay taxes for 2003 and subsequent years. Grantees acknowledge that the Property which is the subject of this conveyance is out of, and comprises a part of, a certain retail shopping center development (for convenience of reference herein, the "Shopping Center") previously partially developed by Grantor and/or one or more of Grantor's affiliates, and that in connection with such development, certain exclusive use restrictions have been granted for the benefit of certain tenants/occupants of adjacent real property comprising the Shopping Center, more particularly described on Exhibit "C" attached hereto and made a part hereof (collectively, the tracts or parcels comprising such adjacent real property as described on Exhibit "C" attached hereto being referred to herein as the "Outparcels"). Grantees, each by their acceptance hereof, on behalf of themselves, and their respective successors and assigns, do hereby acknowledge, covenant, agree and declare that, for so long as the use restrictions (collectively, the "Restrictions") set out or otherwise described on Exhibit "D" attached hereto and made a part hereof remain operative and effective for the benefit of the applicable tenants/occupants of the Outparcels, Grantees, and their respective successors and assigns, shall observe and be bound by all such Restrictions, meaning that Grantees, their respective successors or assigns, shall not conduct, or allow to be conducted, any business or operation on the Property in violation of such Restrictions, for so long as such Restrictions remain in force and effect with respect to the Shopping Center. Enforcement of these Restrictions may be by a proceeding at law or in equity against any person(s) or entity(ies) violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages, and failure by Grantor, its successors and/or assigns, or any party which is a beneficiary of the Restrictions, or any of them, to enforce any of said Restrictions shall in no event be deemed a waiver of the right to do so. Should any party entitled to enforce the provisions of the Restrictions as aforesaid bring suit against any other person or entity for the enforcement of any of the provisions hereof, the prevailing party shall be entitled to recover from the non -prevailing party its/their court costs, together with reasonable attorneys' fees and other associated legal expenses. The terms and provisions of all of the Restrictions shall run with the Property and bind Grantees, their respective successors and assigns, for so long as the Restrictions remain in force and effect with respect to the Shopping Center. EXECUTED on the date(s) of Grantor's and Grantees' respective acknowledgments hereinbelow, to be effective and delivered as of the 2nd day of April, 2003. 405934:JWE AUSTIN:0324031.2 [Signatures on Next Page] 2 GRANTOR: SOCRATES RETAIL JOINT VENTURE, a Texas joint venture By: Thomas J. Terkel, enture Manager GRANTEES: CAPITAL CITY -SOCRATES, LTD., a Texas limited partnership By: Capital City GP Corp., a Texas corporation, its General Partner By: ox,y Christopher H. Whitworth, President AUSTIN -CENTURY PARK, LTD., a Texas limited partnership By: Sage and Co :. ny, Inc., a Texas corpo on, i , Genera ► Partner ADDRESS OF GRANTEES: ? Capital City Partners, Inc. 1717 W. 6th Street, Suite 390 Austin, Texas 78703 Attn: Chris Whitworth AFTER RECORDING, PLEASE RETURN TO: Heritage Title Company of Austin, Inc. 98 San Jacinto Blvd., Suite 400 Austin, Texas 78701 Attn: Kathy Nunn (GF No. 00021235) 405934:JWE AUSTIN:0324031.2 3 By: Name: W ►t1/41..41e.0 ix Title: 1�"'11teds STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the day of April, 2003, by Thomas J. Terkel, Venture Manager of Socrates Retail Joint Venture, a Texas joint venture, on behalf of said joint venture. ti KATHY S. NUNN NOTARY PUBLIC State of Texas Comm. Exp. 04-11-2004 STATE OF TEXAS COUNTY OF TRAVIS N ary Pu s ' tate o Texas This instrument was acknowledged before me on the o. day of April, 2003, by Christopher H. Whitworth, President of Capital City GP Corp., a Texas corporation, General Partner of Capital City -Socrates, Ltd., a Texas limited partnership, on be alf of said limited partnership. A .74. KATHY S. NUNN 4- of Comm. Exp. 04-11-2004 NOTARY PUBLIC State of Texas STATE OF TEXAS COUNTY OF TRAVIS Not. Public, ` ate of Texas This i strument was acknowledged ,b fore e on the day of April, 2003, by Will/0441lu , of Sage Land Company, Inc., a Texas -�� corporation, General Partner of Au in -Century Park, Ltd., . Texlimited partnership, on behalf of said limited partnership. tikp KATHY S. NUNN at NOTARY PUBLIC State of Texas Comm. Exp. 04-11-2004 Notary Pu. lic, Stat: of Texas Exhibits: "A" — Description of Property "A-1" — Aggregate Boundary Description of All Tracts Comprising the Property "B" — Permitted Exceptions to Title "C" — Description of Outparcels "D" — Restrictions 405934:JWE AUSTIN:0324031.2 4 EXHIBIT "A" (Description of Property) TRACT 1 Lots 3A and 3B, Block "A" also called Block "1", of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142, of the Plat Records of Williamson County, Texas. TRACT 2 Easement Estate appurtenant to Tract 1, being over and across (i) Lots 1 and 2 of SOCRATES SUBDIVISION, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 96, Page(s) 110-112 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 236-237 of the Plat Records of Williamson County, Texas, (ii) Lot 2, Block "1" of LOT 2 AND 4C, BLOCK 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 2, 4C AND 4D, BLOCK 1, SOCRATES ADDITION PLASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, the same recorded in Cabinet 0, Slide(s) 309-310 of the Plat Records of Williamson County, Texas, and (iii) Lots 4A and 4B of SOCRATES ADDITION II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, the same recorded in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas, said Easement Estate having been created in that certain Operation and Easement Agreement among Dayton Hudson Corporation, Socrates Retail Joint Venture and Applebee's of Texas, Inc., dated February 9, 1996, recorded in Volume 12620, Page 1304 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9606925 of the Official Records of Williamson County, Texas, and amended by instrument recorded in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9752530 of the Official Records of Williamson County, Texas. TRACT 3 Being 0.434 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being the same property conveyed to Socrates Retail Joint Venture in deed dated January 7, 1999, recorded in Volume 13345, Page 2535 of the Real Property Records of Travis County, Texas. A-1 TRACT 4 Being 0.152 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.152 acres being shown on the Plat of ROUND ROCK CROS SING, a subdivision in Travis and Williamson Counties, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 5 Being 0.056 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.056 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson County, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 6 Being 0.129 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres of land conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.129 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Said Tracts 1, 3, 4, 5 and 6 contain 20.081 acres of land, more or less, being more particularly described by metes and bounds on Exhibit A-1 attached hereto and made a part hereof. A-2 EXHIBIT A-1 (Aggregate Boundary Description of All Tracts Comprising the Property) [See Attached] A-1-1 SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, made a careful and accurate survey on the ground of the following described property: BEING all that certain tract or parcel of land situated in the Socrates Darling Survey No. 102, Abstract No. 876, City of Round Rock, Travis and Williamson Counties, Texas, same being all of Lot 3A and Lot 3B of Block 1 of Round Rock Crossing, an addition to the City of Round Rock, according to the plat thereof recorded in Volume 100, Page 205 of the Plat Records, Travis County, Texas and recorded in Cabinet "P", Slide 140, Plat Records, Williamson County, Texas, and being all of the 0.152 acre tract, the 0.056 acre tract and the 0.129 acre tract, shown as Right-of-way Reserve parcels by plat of said Round Rock Crossing, and also being all of that certain called 0.434 acre tract of land conveyed to Socrates Retail Joint Venture by deed recorded in Volume 13345, Page 2535, Real Property Records, Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found for corner at the most easterly northeast corner of said Lot 3A, same being at the common easterly southeast corner of Lot 2 of Block 1 of Socrates Addition — Phase II, an addition to the City of Round Rock, according to the plat thereof recorded in Volume 99, Pages 177 and 178 of the Plat Records, Travis County, Texas and recorded in Cabinet "0", Slides 309 and 310, Plat Records, Williamson County, Texas; THENCE departing said Lot 2, Block 1, Socrates Addition Phase II, South 07° 04' 00" West, (Bearing Basis — Plat — Round Rock Crossing) a distance of 858.08 feet to a 5/8" iron rod found for corner at the southeast corner of said Lot 3A; THENCE South 76° 15' 00" West, a distance of 844.05 feet to a 1/2" iron rod found for corner at the most southerly southeast corner of said Lot 3A, same being in an east line of Lot B of the D -K Subdivision, an addition to the City of Round Rock according to the plat thereof recorded in Plat Book 84, Pages 90C and 90D, Plat Records, Travis County, Texas; THENCE North 15° 24' 00" West, at a distance of 82.59 passing a 1/2" iron rod found at the northeast corner of said Lot B and the common southeast corner of Lot A of said D -K Subdivision, and continuing on a total distance of 162.51 feet to a 1/2" iron rod found for corner at the northeast corner of said Lot A, same being at the southeast corner of that certain called 0.689 EXE1IBIT "q'=1 acre tract of land conveyed to Clayton B. Stone by deed recorded in Volume 11602, Page 1206, Deed Records, Travis County, Texas; THENCE North 15° 16' 00" West, a distance of 99.92 feet to a 1" iron pipe found for corner at the northeast corner of said Stone tract, same being at a common corner of said Lot 3A, and being in the south line of Lot 3C, Block 1, of said Round Rock Crossing addition; THENCE North 74° 50' 00" East, a distance of 50.00 feet to a 5/8" iron rod found for corner at the southeast corner of said Lot 3C and a common corner of said Lot 3A; THENCE North 15° 15' 00" West, a distance of 124.94 feet to a 5/8" iron rod found for corner at the northeast corner of said Lot 3C and a common corner of said Lot 3A, same being in the south line of the aforementioned Lot 3B, Block 1, Round Rock Crossing addition; THENCE South 74° 45' 00" West, a distance of 301.90 feet to a 5/8" iron rod found for corner at the northwest corner of said Lot 3C and the common southeast corner of said Lot 3B, same being at the common corner of the aforementioned 0.056 acre and 0.129 acre Right-of-way Reserve parcels Round Rock Crossing addition; ' THENCE South 12° 34' 50" East, a distance of 124.64 feet to a 5/8" iron rod found for corner at the southwest corner of said Lot 3C and the common southeast corner of said 0.129 acre Right-of-way Reserve parcel, same being in the north line of aforesaid Stone tract; THENCE South 74° 50' 00" West, a distance of 42.16 feet to a 1" iron pipe found for corner at the southwest corner of said 0.129 acre Right-of-way Reserve parcel, same being in the east line of Interstate Highway No. 35, a variable width right-of-way; THENCE North 15° 12' 00" West, along the east line of said Interstate Highway No. 35, passing the corners of said 0.129 acre, aforesaid 0.056 acre and aforementioned 0.152 acre Right -of -Way Reserve Parcels and continuing on a total of 299.42 feet to a 5/8" iron rod found for corner at the Northwest corner of said 0.152 acre Right -of -Way Reserve Parcel and the common southwest corner of the aforementioned Socrates Retail Joint Venture called 0.434 acre tract; THENCE North 11° 44' 00" West, continuing along the east line of said Interstate Highway No. 35, a distance of 135.31 feet to a Texas Department of Transportation brass monument found for corner at the northwest corner of said Socrates Retail Joint Venture called 0.434 acre tract; EXI !I rr iv 1 11 pi- I THENCE North 74° 48' 00" East, a distance of 135.57 feet to a 5/8" iron rod found for corner at the northeast corner of said Socrates Retail Joint Venture called 0.434 acre tract, same being at the common northwest corner of that certain called 0.262 acre tract of land conveyed to Jori, Inc.; THENCE South 15° 40' 00" East, a distance of 134.90 feet to a 5/8" iron rod found for corner at the southeast corner of said Socrates Retail Joint Venture called 0.434 acre tract, same being at the common southwest corner of said Jori, Inc. called 0.262 acre tract, and being in the north line of aforesaid Lot 3B, Block 1, Round Rock Crossing addition; THENCE North 74° 44' 00" East, along the North line of said Lot 3B, a distance of 154.88 to a 1/2" iron rod found for corner at the southeast corner of said Jori. Inc. called 0.262 acre tract, same being at the common southwest corner of that certain called 0.84 acre tract of land conveyed to North IH -35 Investments, Inc. by deed recorded in Volume 12675, Page 2061, Real Property Records, Travis County, Texas; THENCE North 74° 47' 00" East, passing the northeast corner of said Lot 3B and a common corner aforesaid Lot 3A, Block 1, Round Rock Crossing addition and continuing on a total distance of 220.69 feet to a 1/2" iron rod found at a chain link fence post at the southeast corner of said North IH -35 Investments, Inc. called 0.84 acre tract and a common corner of said Lot 3A; THENCE North 15° 21' 00" West, passing the northeast corner of said North IH -35 Investments, Inc., called 0.84 acre tract and the common southeast corner of that certain 1.471 acre tract conveyed to North IH -35 Investments, Inc., by deed recorded in Volume 11891, Page 2901, Real Property Records, Travis County, Texas, and continuing on a total distance of 317.31 feet to a 5/8" iron rod found for corner at the northeast corner of said North IH -35 Investments, Inc. called 1.471 acre tract and a common corner of said Lot 3A; THENCE South 74° 45' 00" West, a distance of 444.58 feet to a 5/8" iron rod found for corner at a westerly southwest corner of said Lot 3A and a common southeast corner of Lot 1 of Block 1 (Right-of-way Reserve parcel) Socrates Subdivision, an addition to the City of Round Rock according to the plat thereof recorded in Volume 96, Pages 110 and 111, Plat Records, Travis County, Texas; THENCE North11° 45' 00" West, along the east line of said Lot 1, Block 1, Socrates Subdivision, a distance of 67.70 feet to a 5/8" iron rod found for corner at the most northerly northwest corner of said Lot 3A and the most westerly southwest corner of aforesaid Lot 2, Block 1, Socrates Addition — Phase II; 17, v 1,„../1% I rr Ail 1 THENCE along the common lines of said Lot 2 and said Lot 3A, the following courses and distances numbered (1) through (12): (1) North 78° 16' 00" East, a distance of 120.06 feet to a 5/8" iron rod found for corner; (2) South 11° 44' 00" East, a distance of 8.23 feet to an "x" in concrete found for corner; (3) North 78° 16' 00" East, a distance of 462.27 feet to an "x" in concrete found for corner; (4) South 11° 44' 00" East, a distance of 113.05 feet to a 5/8" iron rod found for corner; (5) North 76° 15' 00" East, a distance of 221.99 feet to an "x" in concrete found for corner; (6) South 13° 45' 00" East, a distance of 34.00 feet to a 5/8" iron rod found for corner; (7) North 76° 15' 00" East, a distance of 226.30 feet to a 5/8" iron rod found for corner; (8) North 13° 45' 00" West, a distance of 100.59 feet to an "x" in concrete found for corner; (9) North 76° 15' 00" East, joining the wall of an existing building and continuing on a total distance of 214.33 feet to a corner in the face of said wall; (10) South 13° 45' 00" East, a distance of 10.00 feet to a corner; (11) North 76° 15' 00" East, a distance of 99.08 feet to an "x" in concrete found for corner; (12) South 59° 19' 19" East, a distance of 76.93 feet to the POINT OF BEGINNING and CONTAINING 20.081 ACRES OF LAND. EXHIBIT "B" (Permitted Exceptions) 1. The following restrictive covenants of record: (a) Volume 96, Page(s)151-152, Volume 97, Page(s) 166-167 and Volume 100, Page(s) 205-207 of the Plat Records, Volume 12620, Page 1281, Volume 12620, Page 1304, Volume 12755, Page 2848, Volume 12775, Page 1479 and Volume 13056, Page 1973 of the Real Property Records, all of Travis County, Texas; and Cabinet M, Slide(s) 257-258, Cabinet N, Slide(s) 201-202 and Cabinet P, Slide(s) 140-142 of the Plat Records, Document Nos. 9606923, 9606925, 9643977, 9650052 and 9752530 of the Official Records, all of Williamson County, Texas. (TRACTS 1 AND 2) (b) Volume 96, Page(s) 110-112 and Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, and Cabinet M, Slide(s) 236-237 and Cabinet 0, Slide(s) 309- 310 of the Plat Records of Williamson County, Texas. (TRACT 2) (c) Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas; Volume 12620, Page 1304, and amended in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded in Document No(s). 9606925 and 9752530 of the Official Records of Williamson County, Texas (TRACTS 4, 5 AND 6) 2. Sanitary sewer easement 15 feet in width located across a portion of the property, granted to the City of Round Rock on April 18, 1986, recorded in Volume 1364, Page 964 of the Official Records of Williamson County, Texas; the same being shown on the Plats recorded in Volume 96, Page(s) 151-152 and Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 257-258 and Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on survey dated July 31, 2002, revised September 18, 2002 prepared by David Petree, Registered Professional Land Surveyor No. 1890 ("the Survey"). (TRACT 1 -LOT 3A) 3. Public utility easement 10 feet in width reserved along the northerly, southerly, easterly and westerly property lines as shown on the Plats recorded in Volume 96, Page(s) 151-152 and Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 257-258 and Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -LOT 3A) 4. Water and wastewater easements 15 feet in width reserved across portions of the property as shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3A) B-1 5. Water line and sanitary sewer easements 15 feet in width located across portions of the property, granted to the City of Round Rock on September 4, 1996, recorded in Volume 12910, Page 330 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9713299 of the Official Records of Williamson County, Texas, the same shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Assigned to the Lower Colorado River Authority in Document No. 2002055583 of the Official Public Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3A) 6. Public utility easement 15 feet in width along the westerly property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -BOTH LOTS) 7. Driveway easement 50 feet in width reserved across the western portion of the property as shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3A) 8. Public utility easement 10 feet in width along the northerly property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -LOT 3B) 9. Public utility easement 7.5 feet in width along the southerly property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey (TRACT 1 -LOT 3B) 10. Public utility easement 7.5 feet in width along the north property line(s), as shown by the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -LOT 3A) 11. Water and wastewater easements 15 feet in width reserved across portions of the property as shown on the Plat recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, as shown on the Survey. (TRACT 1 -BOTH LOTS) 12. Public utility easement 10 feet in width located across a portion of the property, as shown on the Plat recorded in Volume 96, Page(s) 151-152 and Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 257-258 and Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Purported to B-2 be abandoned as stated on said current Plat, as shown on the Survey. (TRACT 1 -BOTH LOTS) 13. Public utilities shown on the Plats recorded in Volume 96, Page(s) 110-112, Volume 96, Page(s) 151-152, Volume 97, Page(s) 166-167 and Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 236-237, Cabinet M, Slide(s) 257-258, Cabinet N, Slide(s) 201-202 and Cabinet 0, Slide(s) 309-310 of the Plat Records of Williamson County, Texas, as shown on the Survey. (AS TO THOSE PORTIONS OF TRACT 2 ENCUMBERED BY THE EASEMENT ESTATE) 14. Site Development and Repurchase Option Agreement dated January 18, 1996, recorded in Volume 12605, Page 863 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9602864 of the Official Public Records of Williamson County, Texas. (TRACTS 1 AND 2) 15. Electric power line easement granted to Texas Power & Light Company, by instrument dated April 19, 1970, recorded in Volume 527, Page 652 of the Deed Records of Williamson County, Texas, as shown on the Survey. (TRACT 2) 16. Electric distribution and telephone line easement granted to Texas Power & Light Company and Southwestern Bell Telephone Company, by instrument dated March 7, 1974, recorded in Volume 5085, Page 1500 of the Deed Records of Travis County, Texas. (TRACT 2) 17. Electric distribution and telephone line easement granted to Texas Power & Light Company, by instrument dated August 8, 1980, recorded in Volume 7167, Page 822 of the Deed Records of Travis County, Texas, the same recorded in Volume 812, Page 463 of the Deed Records of Williamson County, Texas. (TRACT 2) 18. Terms, provisions and conditions set out in that certain Easement Agreement dated January 18, 1996, recorded in Volume 12605, Page 854 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9602863 of the Official Records of Williamson County Texas. (TRACT 2) 19. Water line and sanitary sewer easement granted to City of Round Rock, by instrument dated September 10, 1996, recorded in Volume 12910, Page 340 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9713298 of the Official Records of Williamson County, Texas. Assigned to the Lower Colorado River Authority in Document No. 2002055583 of the Official Public Records of Williamson County, Texas, as shown on the Survey. (TRACT 2) 20. Subject property lies within the boundaries of Brushy Creek Water Control and Improvement District No. 1. (ALL TRACTS) 21. Electric utility easements granted to the City of Round Rock on August 7, 1997, recorded under Document No(s).. 9736704, 9736705 and 9736706 of the Official Public Records of B-3 Williamson County, Texas, the same recorded in Volume 12998, Page 37, Volume 12998, Page 47 and Volume 12998, Page 57 of the Real Property Records of Travis County, Texas, said easements being the subject of that certain (i) Correction of Easement dated September 9, 1997, recorded under Document No. 9741956 of the Official Records of Williamson County, Texas, and (ii) Correction of Easement dated September 12, 1997, recorded in Volume 13019, Page 1871 of the Real Property Records of Travis County, Texas, as shown on the Survey. (TRACTS 1 AND 2) 22. Terms, conditions and stipulations contained in that certain Operation and Easement Agreement dated February 9, 1996, recorded in Volume 12620, Page 1304 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9606925 of the Official Records of Williamson County, Texas. Amended by instrument recorded in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9752530 of the Official Records of Williamson County, Texas. (TRACTS 1, 2, 4, 5 AND 6) 23. All oil, gas and other minerals, together with all rights relating thereto, express or implied, reserved in instrument recorded in Volume 6663, Page 241 of the Deed Records of Travis County, Texas, the same recorded in Volume 2244, Page 118 of the Official Records of Williamson County, Texas. (TRACTS 1 AND 2) 24. Temporary truck turn -around located in the northeast comer of Lot 3A of Tract 1 as set out under Document No. 9606925 of the Official Records of Williamson County, Texas, the same recorded in Volume 12620, Page 1304 of the Real Property Records of Travis County, Texas, as shown on the Survey. (TRACT 1 — LOT 3A) 25. Location of proposed right-of-way for S.H. 45, as shown on the Survey (TRACT 2) 26. Location of guy wire, as shown on the Survey. (TRACT 1 -LOT 3A) 27. Location of power pole and sign, as shown on the Survey. (TRACT 3) 28. Location of sanitary sewer line and manholes, as shown on the Survey. (TRACT 1 — LOT 3A) 29. Location of sign as shown on the Survey. (TRACT 4) 30. The terms, conditions and stipulations set out in that certain Memorandum of Site Development and Repurchase Option Agreement dated August 21, 1996, recorded in Volume 12755, Page(s) 2843 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9643976 of the Official Records of Williamson County, Texas. (TRACTS 1 AND 2) 31. Electric transmission and/or distribution line easement granted to Texas Power & Light Company, by instrument dated August 4, 1936, recorded in Volume 549, Page 379 of the B-4 Deed Records of Travis County, Texas. (TRACT 3) 32. Electric distribution and telephone line easement granted to Texas Power & Light Company and Southwestern Bell Telephone Company, by instrument dated January 24, 1973, as recorded in Volume 5063, Page 1606 of the Deed Records of Travis County, Texas, and as shown on the Survey. (TRACT 1 -LOT 3B) 33. Electric distribution and telephone line easement granted to Texas Power & Light Company and Southwestern Bell Telephone Company, by instrument dated January 31, 1976, recorded in Volume 5496, Page 21 of the Deed Records of Travis County, Texas. (TRACT 3) 34. Right-of-way easement granted to North IH -35 Investments, Inc., by instrument dated March 9, 1993, recorded in Volume 11891, Page 2901 of the Real Property Records of Travis County, Texas, together with the rights of the owner(s) of those tracts described in Volume 12675, Page 2061 and Volume 13089, Page 2008 of the Real Property Records of Travis County, Texas, to use said easement, and as shown on the Survey. (TRACT 3) 35. Electric power line and communication line(s) easement granted to Texas Power & Light Company, by instrument dated January 19, 1962, recorded in Volume 2437, Page 426 of the Deed Records of Travis County, Texas, and as shown on the Survey. (TRACT 6) 36. These properties are reserved for current or/and future right-of-way as indicated on the Plat(s) recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas, and as shown on the Survey. (TRACTS 4, 5 and 6) 37. The Restrictions set forth on Exhibit "D" attached hereto and made a part hereof. (ALL TRACTS) B-5 EXHIBIT "C" (Description of Outparcels) Lot 4C, Block 1, SOCRATES ADDITION PHASE II (REPLAT OF LOTS 2, 4C AND 4D, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, and in Cabinet 0, Slide(s) 309-310 ofthe Plat Records of Williamson County, Texas. Lot 2, of SOCRATES SUBDIVISION, a subdivision in the City of Round Rock, Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 96, Page(s) 110-111 of the Plat Records of Travis County, Texas, and in Cabinet M, Slide(s) 236-237 ofthe Plat Records of Williamson County, Texas. Lot 4A, Block 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, and in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas. Lot 4B, Block 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, and in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas. C-1 EXHIBIT "D" (Restrictions) The Restrictions include the following restrictions in favor of the following existing tenants/occupants of the Shopping Center: Tenant/Occupant Principal Business Activity 1. Castle Dental Centers of Texas, Inc. Dental Facility 2. David M. Wheeler dba Dragon's Lair Retail sale of comics, games, miniatures, video cassettes, DVDs, Japanese Manga 3. AusTex Clippers, Inc. Haircutters and Salon 4. Deli Management, Inc. dba Jason's Deli A restaurant whose primary menu items are delicatessen style sandwiches, soups, salads and baked potatoes or any one or more of such items. 5. LP Austin, Inc. dba Lamppost Pizza Serving or delivery of pizza or Italian dishes. 6. Reid's Cleaners, Inc. Sale of dry cleaning services. 7. Taco Bell A restaurant, the primary business of which being the retail sale of Mexican food. 8. Boston Market A restaurant or food service establishment which prepares, serves or sells poultry or poultry products (including, but not limited to, rotisserie chicken and rotisserie turkey) or bulk ham; provided, however, that (a) Purchaser's Property may be used as, or sold or leased for use as, a restaurant or food service establishment which prepares, serves or sells poultry or poultry products (but especially excluding rotisserie chicken or rotisserie turkey, which are not permitted under any circumstance) so long as such sales are incidental (as hereinafter defined) to the sale of its other products, D-1 and (b) the foregoing restrictions shall in no event be deemed or interpreted to preclude a grocery store or supermarket from selling poultry, poultry products or ham (whether or not in bulk, pre -prepared or otherwise and whether or not rotisserie style, smoked and/or otherwise cooked or prepackaged) as a part of its meat department. As used herein, the term "incidental" shall mean that any such owner, tenant or occupant shall not derive more than thirty percent (30%) of its annual gross sales from the sale of poultry or poultry products. FILED t'P RECRIIED OFFICIAL PUBLIC RECORDS 014) rnt4z-tylreA. 04-031 0E3RS8N :45102003030628 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY' TEXAS 11 -GF# 0;;7149N KSN RETURN TO: HERITAGE TITLE 98 SAN JACINTO BLVD., STE. 400 AUSTIN, TEXAS 78701 20 ..Az 07(.)1 _ 2 E3 [=- s • SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF TRAVIS AND WILLIAMSON § THAT AUSTIN -CENTURY PARK, LTD., a Texas limited partnership ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto CAPITAL CITY -SOCRATES LTD. a Texas limited partnership ("Grantee"), whose address for the purposes hereof is 1717 W. Sixth Street, Suite 390, Austin, Texas 78703, an undivided 62.31 % interest in and to that certain real property located in Travis and Williamson Counties, Texas, and being more particularly described in Exhibit A attached hereto and incorporated herein by this reference for all purposes, together with an undivided 62.31 % interest in and to all and singular the improvements, buildings, structures and fixtures located thereon or attached thereto (all of such undivided 62.31 % interest in and to such land, improvements and property are collectively referred to herein as the "Property"); provided, however, that this conveyance is made and accepted subject to all easements, covenants, restrictions and other matters presently of record in the Real Property Records of Travis and Williamson Counties, but only to the extent that same are valid and subsisting and affect the Property (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the title to the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the Property or any part thereof, by, through or under Grantor, but not otherwise; subject, however, to the Permitted Exceptions. For the same consideration, Grantor hereby conveys unto Grantee, all interest, if any, of Grantor in strips and gores between the Property and abutting properties and any land lyingin or under the bed of any street, alley, road or right-of-way, open or proposed, abutting or adj acentto the Property; provided, however, this conveyance pursuant to this paragraph is made subject to all existing reservations from and exceptions to title and is made without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby expressly excluded. Grantee assumes and agrees to pay taxes for 2003 and subsequent years. EXECUTED effective as of the 22nd day of July, 2003. AUSTIN -CENTURY PARK, LTD., a Texas limited partnership By: Sage Land Company, Inc., a Texas corporation, its General P . er Y STATE OF TEXAS COUNTY OF TRAVIS eter A. airman of t Y, Boar This instrument was acknowledged before me on July c29+, 2003, by Peter A. Lamy, Chairman of the Board of Sage Land Company, Inc., a Texas corporation, a General Partner of Austin -Century Park, Ltd., a Texas limited partnership, . be ► a - aid i ' d partnership. My „fb, ; USC: KATHY H Y N UNN • NOTARY PUBLIC SLAP of Texas Corm. £xp. 04-11-2004 otaiy Pu • is - S ' . to of Texas C:\d\sys\shared\capital_city\23707_round_rock\030717 swd (dell).wpd EXHIBIT "A" (Description of Property) TRACT 1 Lots 3A and 3B, Block "A" also called Block "1", of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142, of the Plat Records of Williamson County, Texas. TRACT 2 Easement Estate appurtenant to Tract 1, being over and across (i) Lots 1 and 2 of SOCRATES SUBDIVISION, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 96, Page(s) 110-112 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 236-237 of the.Plat Records of Williamson County, Texas, (ii) Lot 2, Block "1" of LOT 2 AND 4C, BLOCK 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 2,,4C AND 4D, BLOCK 1, SOCRATES ADDITION PLASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, the same recorded in Cabinet 0, Slide(s) 309-310 of the Plat Records of Williamson County, Texas, and (iii) Lots 4A and 4B of SOCRATES ADDITION II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, the same recorded in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas, said Easement Estate having been created in that certain Operation and Easement Agreement among Dayton Hudson Corporation, Socrates Retail Joint Venture and Applebee's of Texas, Inc., dated February 9, 1996, recorded in Volume 12620, Page 1304 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9606925 of the Official Records of Williamson County, Texas, and amended by instrument recorded in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9752530 of the Official Records of Williamson County, Texas. TRACT 3 Being 0.434 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being the same property conveyed to Socrates Retail Joint Venture in deed dated January 7, 1999, recorded in Volume 13345, Page 2535 of the Real Property Records of Travis County, Texas. A-1 TRACT 4 Being 0.152 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records .of Travis County, Texas, said 0.152 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 5 Being 0.056 acres. of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.056 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson County, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 6 Being 0.129 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.129 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Said Tracts 1, 3, 4, 5 and 6 contain 20.081 acres of land, more or less, being more particularly described by metes and bounds on Exhibit A-1 attached hereto and made a part hereof. A-2 EXHIBIT A-1 (Aggregate Boundary Description of All Tracts Comprising the Property) [See Attached] A-1-1 SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, made a careful on the ground of the following described property: and accurate survey BEING all that certain tract or parcel of land situated in the Socrates Darling Survey No. 102, Abstract No. 876, CityRock, of Round Williamson Counties, Texas, same being all of Lot 3A and of Block 1 and of Round Rock Crossing, an addition to the City of Round Rock, according Bl to the plat thereof recorded in Volume 100, Page 205 of the Plat Records, Travis County, Texas and recorded in Cabinet "P", Slide 140, Plat Records,ds, Williamson County, Texas, and being all of the 0.152 acre tract, the 0.056 acre tract and the 0.129 acre tract, shown as Right-of-way Reservearcels by plat of said Round Rock Crossing, and also being all of that parcels called 0.434 acre tract of land conveyed to Socrates Retail Joint Venturey y deed recorded in Volume 13345, Page 2535, Real Property Records, Travis and County, Texas, and being more particularly described bymetes a d bounds as follows: BEGINNING at a 5/8" iron rod found for corner at the most easterly northeast corner of said Lot 3A, same being at the common easterly southeast corner of Lot 2 of Block 1 of Socrates Addition Phase II an addition to the City of Round Rock, according to the plat thereof recorded in Volume 99, Pages 177 and 178 of the Plat Records, Travis and recorded in Cabinet "0", Slides 309 and 310, Plat Records, Texas or County, Texas; s, Williamson THENCE departing said Lot 2, Block 1, Socrates Addition Phase 07° 04' 00" West, (Bearing Basis — Plat — Round Rock Crossing) i distancee of 858.08 feet to a 5/8" iron rod found for corner at the southeastn o said Lot 3A; corner of. THENCE South 76° 15' 00" West, a distance of 844.05 feet to a 1/2" iron ro found for corner at the most southerly southeast corner of saidd same being in an east line of Lot B of the D -K Subdivision an addition3to the City of Round Rock according to the plat thereof recorded in PIat B 84, Pages 90C and 90D, Plat Records, Travis County, Texas; ok Bok THENCE North 15° 24' 00" West, at a distance of 82.59a rod found at the northeast corner of said Lot B and the common a 1/2" iron corner of Lot A of said D -K Subdivision, and continuing on a total southeast distance of 162.51 feet to a 1/2" iron rod found for corner at the northeast corner o f said Lot A, same being at the southeast corner of that certain called 0.689 EXFHBIT "q'= I acre tract of land conveyed to Clayton B. Stone by deed recorded in Volume 11602, Page 1206, Deed Records, Travis Count Texas; xas, THENCE North 15° 16' 00" West, a distance of 99.92 feet toa 1 i " found for corner at the northeast corner of said Stone tract, iron pipe at a common corner of said Lot 3A, and being in the south line urof being Lot 3C, , Block 1, of said Round Rock Crossing addition; THENCE North 74° 50' 00" East, a distance of 50.00 feet to a 5/8" iron rod found for corner at the southeast corner of said Lot 3C and a common corner of said Lot 3A; THENCE North 15° 15' 00" West, a distance of 124.94 feet to a 5/8" iron rod found for corner at the northeast corner of said Lot 3C and a common corner of said Lot 3A, same being in the south line of the aforementioned Lot 3B, Block 1, Round Rock Crossing addition; THENCE South 74° 45' 00" West, a distance of 301.90 feet toa " found for. corner at the northwest corner of said Lot 3C and 5he iron rod omon southeast corner of said Lot 3B, same being at the common corner of the aforementioned 0.056 acre and 0.129 acre Right-of-way Reserve parcels Round Rock Crossing addition; ' THENCE South 12° 34' 50" East, a distance of 124.64 feet to a 5/8" iron rod found for corner at the southwest corner of said Lot 3C and the common southeast corner of said 0.129 acre Right-of-way Reserve parcel, same being in the north line of aforesaid Stone tract; THENCE South 74° 50' 00" West, a distance of 42.16 feet to a 1" iron pipe found for corner at the southwest corner of said 0.129 acre Right-of-way Reserve parcel, same being in the east line of Interstate Highway No. 35, a variable width right-of-way; THENCE North 15° 12' 00" West, along the east line of Highway No. 35, passing the corners of said 0.129 acre, for Interstate 0.0566 acre and aforementioned 0.152 acre Right -of -Way Resrve PParcels and continuing on a total of 299.42 feet to a 5/8 iron rod ,found for corner at the Northwest corner of said 0.152 acre Right-of-way Reserve Parcel and the common southwest corner of the aforementioned Socrates Retail Joint Venture called 0.434 acre tract; THENCE North 11° 44' 00" West, continuing along the ' east line of said Interstate Highway No. 35, a distance of 135.31 feet to a Texas Department of Transportation brass monument found for corner at the northwest corner of said Socrates Retail Joint Venture called 0.434 acre tract; EXHIBIT "A'-' THENCE North 74° 48' 00" East, a distance of 135.57 feet to a 5/8" iron rod found for corner at the northeast corner of said Socrates Retail Joint Venture called 0.434 acre tract, same being at the common northwest corner of that certain called 0.262 acre tract of land conveyed to Jori, Inc.; THENCE South 15° 40' 00" East, a distance of 134.90 feet to a 5/8" iron rod found for corner at the southeast corner of said Socrates Retail Joint Venture called 0.434 acre tract, same being at the common corner of said Jori, Inc. called 0.262 acre tract, and being in the north southwestin aforesaid Lot 3B, Block 1, Round Rock Crossing addition; e of THENCE North 74° 44' 00" East, along the North line of s aid a distance of 154.88 to a 1/2" iron rod found for corner at the Lot 3B,southeast corner of said Jori. Inc. called 0.262 acre tract, same beingat the comon y southwest corner of that certain called 0.84 acre tract of land conveyed to North IH -35 Investments, Inc. by deed recorded in Volume 12675, Pae 2061, Real Property Records, Travis County, Texas; g THENCE North 74° 47' 00" East, passing the northeast corner of said Lot 3B and a common corner aforesaid Lot 3A, Block 1, Round Rock Crossingaddition and continuing on a total distance of 220.69 feet to a 1/2" iron rod found at a chain link fence post at the southeast corner of said North IH -35 Investments, Inc. called 0.84 acre tract and a common corner of said 35 3A; Lot THENCE North 15° 21' 00" West, passing the northeast corner of said North 1H-35 Investments, Inc., called 0.84 acre tract and the common southeast corner of that certain 1.471 acre tract conveyed to North IH -35 Investments, Inc., by deed recorded in Volume 11891, Page 2901, Real Property Records, Travis County, Texas, and continuing on a total distance of 317.31 feet to a 5/8" iron rod found for corner at the northeast corner of said North IH -35 Investments, Inc. called 1.471 acre tract and a common corner of said Lot 3A; THENCE South 74° 45' 00" West, a distance of 444.58 feet to a 5/8" iron r d found for corner at a westerly southwest corner of said Lot 3A and�a common southeast corner of Lot 1 of Block 1 (Right-of-way Reserve parcel) Socrates Subdivision, an addition to the City of Round Rock according to the plat thereof recorded in Volume 96, Pages 110 and 111, Plat Records, Travis County, Texas; THENCE North 11° 45' .00" West, along the east line of said Lot 1, k Socrates Subdivision, a distance of 67.70 feet to a 5/8" ironfor corner at the most northerly northwest corner of said Lot 3A and foundd the most westerly southwest corner of aforesaid Lot 2, Block 1, Socrates Phase 11; Addition EXHIBIT • THENCE along the common lines of said Lot 2 and said Lo following courses and distances numbered (1) through (12): t 3A, the (1) North 78° 16' 00" East, a distance of 120.06 feet5/8" for corner; to a iron rod found (2) South 11° 44' 00" East, a distance of 8.23 feet to an "x" found for corner; in concrete (3) North 78° 16' 0.0" East, a distance of 462.27 feet to an "x" found for corner; in concrete (4) South 110 44' 00" East, a distance of 113.05 feet to a 5/8" iron for corner; rod found (5) North 76° 15' 00" East, a distance of 221.99 feet to an "x" in found for corner; concrete (6) South 13° 45' 00" East, a distance of 34.00 feet to a 5/8" iron for corner; rod found (7) North 76° 15' 00" East, a distance of 226.30 feet to a 5/8" iron for corner; rod found (8) North 13° 45' 00" West, a distance of 100.59 feet to an "x" in found for corner; concrete (9) North 76° 15' 00" East, joining the wall of existingan continuing on .a total distance of 214.33 feet to a cornerin building and wall; the face of said (10) South 13° 45' 00" East, a distance of 10.00 feet to 'a corner; (11) North 76° 15' 00" East, a distance of 99.08 feet to an "x" in c found for corner; oncrete (12) South 59° 19' .19" East, a distance of 76.93 feet to the POINT OF BEGINNING and CONTAINING 20.081 ACRES OF LAND. tar....trS V b 11 -GF# 3 66919/KSN RETURN TO: HERITAGE 1TrLE 98 SAN JACINT(3 8t.VD., STE. , 00 AUSTIN, TEAS 78701 IIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIINIIIIIIhIIIIIUAIIImIe",a 0]169962 SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF TRAVIS AND WILLIAMSON § THAT AUSTIN -CENTURY PARK, LTD., a Texas limited partnership ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does. GRANT, BARGAIN, SELL and CONVEY unto CAPITAL CITY -SOCRATES, LTD. , a Texas limited partnership ("Grantee"), whose address for the purposes hereofis 1717 W. Sixth Street, Suite 390, Austin, Texas 78703, an undivided 62.31% interest in and to that certain real property located in Travis and Williamson Counties, Texas, and being more particularly described in Exhibit A attached hereto and incorporated herein by this reference for all purposes, together with an undivided 62.31 % interest in and to all and singular the improvements, buildings, structures and fixtures located thereon or attached thereto (all of such undivided 62.31 % interest in and to such land, improvements and property are collectively referred to herein as the "Property"); provided, however, that this conveyance is made and accepted subject to all easements, covenants, restrictions and other matters presently of record in the Real Property Records of Travis and Williamson Counties, but only to the extent that same are valid and subsisting and affect the Property (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the title to the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the Property or any part thereof, by, through or under Grantor, but not otherwise; subject, however, to the Permitted Exceptions. For the same consideration, Grantor hereby conveys unto Grantee, all interest, if any, of Grantor in strips and gores between the Property and abutting properties and any land lying in or under the bed of any street, alley, road or right-of-way, open or proposed, abutting or adjacent to the Property; provided, however, this conveyance pursuant to this paragraph is made subject to all existing reservations from and exceptions to title and is made without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby expressly excluded. Grantee assumes and agrees to pay taxes for 2003 and subsequent years. EXECUTED effective as of the 22" d day of July, 2003. AUSTIN -CENTURY PARK, LTD., a Texas limited partnership By: Sage Land Company, Inc., a Texas corporation, its General P STATE OF TEXAS COUNTY OF TRAVIS Peter A. _ ; y, airman of the Boar This instrument was acknowledged before me on July ah?'', 2003, by Peter A. Lamy, Chairman of the Board of Sage Land Company, Inc., a Texas corporation, as General Partner of Austin -Century Park, Ltd., a Texas limited partnership, on be alf o said limit- : . . ership. ros'`WKe:hc�ii Lv: h:. .t.'006, KATHY S. NUNN NOTARY PUBLIC State of Texas Comm. Exp. 04-11-2004 My Commission Expires:. Not Public - tate . Texas C:\d\sys\shared\capital_city\23707_round_rock\030717 swd (dell).wpd EXHIBIT "A" (Description of Property) TRACT 1 Lots 3A and 3B, Block "A" also called Block "1", of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142, of the Plat Records of Williamson County, Texas. TRACT 2 Easement Estate appurtenant to Tract 1, being over and across (i) Lots 1 and 2 of SOCRATES SUBDIVISION, a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 96, Page(s) 110-112 of the Plat Records of Travis County, Texas, the same recorded in Cabinet M, Slide(s) 236-237 of the.Plat Records of Williamson County, Texas, (ii) Lot 2, Block "1" of LOT 2 AND 4C, BLOCK 1, SOCRATES ADDITION PHASE II (REPLAT OF LOT 2,,4C AND 4D, BLOCK 1, SOCRATES ADDITION PLASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 99, Page(s) 177-178 of the Plat Records of Travis County, Texas, the same recorded in Cabinet 0, Slide(s) 309-310 of the Plat Records of Williamson County, Texas, and (iii) Lots 4A and 4B of SOCRATES ADDITION II (REPLAT OF LOT 4, BLOCK 1, SOCRATES ADDITION PHASE II), a subdivision in Travis and Williamson Counties, Texas, according to the map or plat thereof, recorded in Volume 97, Page(s) 166-167 of the Plat Records of Travis County, Texas, the same recorded in Cabinet N, Slide(s) 201-202 of the Plat Records of Williamson County, Texas, said Easement Estate having been created in that certain Operation and Easement Agreement among Dayton Hudson Corporation, Socrates Retail Joint Venture and Applebee's of Texas, Inc., dated February 9, 1996, recorded in Volume 12620, Page 1304 of the Real Property Records of Travis. County, Texas, the same recorded under Document No. 9606925 of the Official Records of Williamson County, Texas, and amended by instruunent recorded in Volume 13056, Page 1973 of the Real Property Records of Travis County, Texas, the same recorded under Document No. 9752530 of the Official Records of Williamson County, Texas. TRACT 3 Being 0.434 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being the same property conveyed to Socrates Retail Joint Venture in deed dated January 7, 1999, recorded in Volume 13345, Page 2535 of the Real Property Records of Travis County, Texas. A-1 TRACT 4 Being 0.152 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.152 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the maps orplats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 5 Being 0.056 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.056 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson County, Texas, according to the maps or plats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. TRACT 6 Being 0.129 acres of land, more or less, out of the Socrates Darling Survey No. 102 in Travis County, Texas, being a portion of that certain 2.0618 acres ofland conveyed to Socrates Retail Joint Venture in deed dated March 27, 1997, recorded in Volume 12901, Page 1431 of the Real Property Records of Travis County, Texas, said 0.129 acres being shown on the Plat of ROUND ROCK CROSSING, a subdivision in Travis and Williamson Counties, Texas, according to the maps orplats thereof, recorded in Volume 100, Page(s) 205-207 of the Plat Records of Travis County, Texas, the same recorded in Cabinet P, Slide(s) 140-142 of the Plat Records of Williamson County, Texas. Said Tracts 1, 3, 4, 5 and 6 contain 20.081 acres of land, more or less, being more particularl described by metes and bounds on Exhibit A-1 attached hereto and made a partof. here y A-2 EXHIBIT A-1 (Aggregate Boundary Description of All Tracts Comprising the Property) [See Attached] A-1-1 SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, made a careful on the ground of the following described property: and accurate survey BEING all that certain tract or parcel of land sit uated Darling Survey No. 102, Abstract No. 876, Cityin Travis and of Round in the Socrates Williamson Counties, Texas, same being all of Lot 3A and Lot of Round Rock Crossing, an addition to the CityRock, acof Round k, ac Block 1 to the plat thereof recorded in Volume 100, Page 205 of thecording Travis County, Texas and recorded in Cabinet "P", Slide 140 PlaPlat Records, Williamson County, Texas, and being all of the 0.152 acre tract, the Records, 0,056 acre tract and the 0.129 acre tract, shown as Right-of-way Reserve parcels by plat of said Round Rock Crossing, and also beingall of parcels called 0.434 acre tract of land conveyed to Socrates Retail JointVenture r by deed recorded in Volume 13345, Page 2535, Real Pro ert Rec a is County, Texas, and being more particularlydescribedP y ords, Travis bounds as follows: by metes and BEGINNING at a 5/8" iron rod found for corner at northeast corner of said Lot 3A, same beingat the cothe most easterly southeast corner of Lot 2 of Block 1. of Socrates Additionmmon easterly any addition to the City of Round Rock, according to the plat thereof r ce red in Volume 99, Pages 177 and 178 of the Plat Records, Travis County, recorded and recorded in Cabinet "0", Slides 309 and 310, Plat Records, Williamsoni Texa County, Texas; THENCE departing said Lot 2, Block 1, Socrates Addition Phase 11, 07° 04' 00" West, (Bearing Basis — Plat — Round Rock Crossing)i tante of 858.08 feet to a 5/8" iron rod found for corner at the southeast a corner e said Lot 3A; of. THENCE South 76° 15' 00" West, a distance of 844.05 feet to a 1/2" found for corner at the most southerly southeast cornersaid iron rod same being in an east line of Lot B of the D -K Subdivisi, a Lot 3to the City of Round Rock according to the plat .thereof recorded i additionto 84, Pages 90C and 90D, Plat Records, Travis County, Texas; in Plat Book THENCE North 15° 24' 00" West, at a distance of 82.59 passing a 1/2" iron the common southeast rod found at the northeast corner of said Lot B and corner of Lot A of said D -K Subdivision, and continuing of 162.51 feet to a 1/2" iron rod found for corner at the northeast cornereof 0.6 said Lot A, same being at the southeast corner of that certain called9 0.689 EXFIIBJT "q'= I acre tract of land conveyed to Clayton B. Stone by deed recorde Volume 11602, Page 1206, Deed Records Travis din County, Texas; THENCE North 15° 16' 00" West, a distance of 99.92 feet found for corner at the northeast corner of said Stone tract, a m iron pipe tsame a common corner of said Lot 3A, and being in the southlinee being , Block 1, of said Round Rock Crossing addition; of Lot 3C, THENCE North 74° 5.0' 00" East, a distance of 50.00 feet to a 5/8" found for corner at the southeast corner of said Lot 3C and iron rod corner of said Lot 3A; a common THENCE North 15° 15' 00" West, a distance of 124.94 feet to a 5/8" iron rod found for corner at the northeast corner of said Lot 3C and a ommon corner of said Lot 3A, same being in the south line of the aforementioned Lot 3B, Block 1, Round Rock Crossing addition; THENCE South 74° 45' 00" West, a distance of 301.90 found for. corner at the northwest corner of said Lotfeet to a 5/8" iron rod 3C and the common southeast corner of said Lot 3B, same being at the co aforementioned 0.056 acre.and 0.129 acre Right-of-waymon corner of the Round Rock Crossing addition; Reserve parcels, THENCE South 12° 34' 50" East, a distance of 124.64 feet to a 5/8" iron rod found for corner at the southwest corner of said Lot 3C and the comm southeast corner of said 0.129 acre Right-of-way Reserveparcel, sa on being in the north line of aforesaid Stone tract; me THENCE South 74° 50' 00" West, a distance of 42.16 feet to a 1" ' pe found for corner at the southwest corner of said 0.129 acre Right-of-waynP Reserve parcel, same being in the east line of Interstate Hi hwa N variable width right-of-way; 9 Y o. 35, a THENCE North 15° 12' 00" West, alongthe east line of said Interstate Highway No. 35, passing the corners osaid 0.129 56 acre and aforementioned 0.152 acre Right-of-WayRese�rveores Parcels 0 and continuing on a total of 299.42 feet to a 5/8"iron rod ,found for crnere Northwest corner of said 0.152 acre Right -of -Way Reserve Parcel and d the common southwest corner of ,the aforementioned Socrates Retail the. Venture called 0.434 acre tract; Dint THENCE North 11° 44' 00" West, continuing along the east line Interstate Highway No. 35, a distance of 135.31 feet to a Texas Department f said of Transportation brass monument found for corner at the northwest corner of said Socrates Retail Joint Venture called 0.434 acre tract; EXHIBIT "A= 1 THENCE North 74° 48' 00" East, a distance of 135.57 feet to a 5/8" it found for corner at the northeast corner of said Socrates Retail rod J Venture called 0.434 acre tract, same being at the common northwest Joint corner of that certain called 0.262 acre tract of land conveyed to Jori, ,inc.; THENCE South 15° 40' 00" East, a distance of 134.90 feet to a 5/8" iron found for corner at the southeast corner of said Socrates Retail rod Joint Venture called 0.434 acre tract, same being at the common south corner of said Jori, Inc. called 0.262 acre tract, and beingin the northwest aforesaid Lot 3B, Block 1, Round Rock Crossing additio; line of THENCE North 74° 44' 00" East, along the North lineof distance of 154.88 to a 1/2" iron rod found for corner att saidsoutheLot he a corner of said Jori. Inc. called 0.262 acre tract, same being a t t .ast southwest corner of that certain called 0.84 acre tract of land conveyed NNorth IH -35 Investments, Inc. by deed recorded in Volume 12675, Pa e 2061, Real Property Records, Travis County, Texas; Page THENCE North 74.° 47' 00" East, passing the northeast corner of said Lo 3B and a common corner aforesaid Lot 3A, Block 1, Round Rockt Crossing addition and continuing on a total distance of 220.69 feet to a 1/2"iron sinrod found at a chain Zink fence post at the southeast corner of said North IH -35 Investments, Inc. called 0.84 acre tract and a common corner of said Lot t THENCE North 15° 21' 00" West, passing the northeast corner of said North IH -35 Investments, . Inc., called 0.84 acre tract and the common southeast corner of that certain 1.471 acre tract conveyed to North IH -35 Investments, Inc., by deed recorded in Volume 11891, Page 2901, Real Property Records, Travis County, Texas, and continuing on a total distance of 317.31 feet to a 5/8" iron rod found for corner at the northeast corner of said North IH-35Investments, Inc. called 1.471 acre tract and a common corner of said of 3A; Lot THENCE South 74° 45' 00" West, a distance of 444.58 feet to a 5/8" iron rod found for corner at a westerly southwest corner of said Lot 3A and a common southeast corner of Lot 1 of Block 1 (Right-of-way Reservear cel) Socrates Subdivision, an addition to the City of Round Rock accordingto the plat thereof recorded in Volume 96, Pages 110 and 111, Plat Records, Travis County, Texas; THENCE North 11° 45' 00" West, along the east line of Socrates Subdivision, a distance of 67.70 feet to a 5/8" iron Said Lot 1, Block 1, corner at the most northerly northwest corner of said Lot 3A a rod found for westerly southwest corner of aforesaid Lot 2, Block 1, Socrates d the most Phase II; Addition EX}4IBIT CAL THENCE along the common lines of said Lot 2 and said Lot 3A, following courses and distances numbered (1) through ( ) h 12 : the (1) North 78° 16' 00" East, a distance of 120.06 feet t for corner; to a 5/8" iron rod found (2) South 11° 44' 00" East, a distance of 8.23 feet to an "x" in conc found for corner; rete (3) North 78° 16' 0.0" East, a distance of 462.27 feet to an "x" in concr found for corner; ete (4) South 11° 44' 00" East, a distance of 113.05 feet to a 5/8" iron rod found for corner; (5) North 76° 15' 00" East, a distance of 221.99 feet to an "x" in concrete found for corner; (6) South 13° 45' 00" East, a distance of 34.00 feet to a 5/8" iron rod found for corner; (7) North 76° 15' 00" East, a distance of 226.30 feet to a 5/8" iron rod found for corner; (8) North 13° 45' 00" West, a distance of 100.59 feet to an "x" in concrete found for corner; (9) North 76° 15' 00" East, joining the wall of an existing building continuing on a total distance of 214.33 feet to a corner in the face of d wall;said (10) South 13° 45' 00" East, a distance of 10.00 feet to 'a corner; (11) North 76° 15' 00" East, a distance of 99.08 feet to an "x" in concrete found for corner; (12) South 59° 19' 19" East, a distance of 76.93 feet to the POINT OF BEGINNING and CONTAINING 20.081 ACRES OF LAND, Ji:i 44 iaaY....p.f! �9. i Capital City Partners LETTER OF TRANSMITTAL To: O�i�jy6 �tltif Company: C1/4j 0J" ICClhd Address: Re: 30/ Ai" ,44/fri �NAk��ac V,grafian 1717 West 6th Street, Suite 390 Austin, Texas 78703 (512) 481-9669 Fax: (512) 481-1799 Project Name: iete 4,05frjy `ye /C Date: *04 ❑ Delivery 0 Overnight 0 Pick -Up 0 Courier 0 Other Quantity Description of Item(s) 4/1 earner/Net 004 .,+' ',g,uty /ha mil /vibe 5mits, L ?! 4E4 11 11 1 11 11 !elf/~ve2 / kid Canvey?" Ai* /t4 /4843 :r•MI /gal a oe —14 11 /1 /1 / n „ Notes: Prepared By: o4115 AI','e'ii'' DATE: March 27, 2006 SUBJECT: City Manager Approval ITEM: Consider the release of a portion of a 15 -foot Water Line Easement located on Lot 1, a Final Replat of Round Rock Gateway Section One. (3,367 sq.ft.) Department: Planning and Development Staff Person: Bernadette Hayes Justification: The property owner is requesting the release of a portion of a 15 -foot Water Line Easement to relieve encroachment by a proposed building. Another easement has been dedicated to replace this easement. Funding: Cost: None Source of funds: N/A Background Information: Public Works has approved this request. This is strictly a water line easement and does not require the review and approval of other utility providers. Updated 3-10-05 Request for City Council/City Manager Action 711 City Council ,o. City Manager Submit completed form for all City Manager and City Council approvals. For Administration Use ONLY Receiv Tag # Original Documents Received(' ,-7 PGateway Lot 1, Final Replat of Round Rock Section Otnse'- f Release of a portion of a Water Line Easement Department Name: Contact Person: Project Manager/Resource: Project Coordinator: Assigned Attorney: Blue Sheet Wording Planning and Community Development Vickie Moreno/Richelle Ginelli Bernadette Hayes Diane Buck Stephen L. Sheets Council or City Manager Approval Date: Project Name: ContractorNendor: Funding Source: Amount: Account Number: City Manager- March 31, 2006 NA NA $0.00 NA Consider the release of a portion of a 15 -foot Water Line Easement located on Lot 1, a Final Replat of Round Rock Gateway Section One. (3,367 sq. ft.) Finance Information Is Funding Required? El Yes Q' No Finance Approval Finance Finance EJPurchasing Budget Initial Construction Contract Construction Contract Amendment # Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # 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 N/A HB n/a cyd Date Date Date Date 3/28/2006 3/28/2006 3/29/2006 3/28/2006 Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: Date: Date: Le proval is required for all items. Date: Date: Updated 2/16/06