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CM-06-05-105April 17, 2006 James R. Nuse City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Letter Agreement Relating To Special Warranty Deed With Right of Reversion Dated April 17, 2006 ("Deed") Mr. Nuse: The City of Round Rock, Texas (the "City") and Dell Computer Holdings, L.P. ("Dell") have executed the above referenced Deed in which Dell granted to the City that certain 0.0930 acre tract of land in the City of Round Rock, Williamson County, Texas, (the "Property") as more particularly described in the Deed, attached hereto as Exhibit "A," which Property will be used by the City of Round Rock as a public right-of-way (the "Project"). This Letter Agreement shall set forth the rights and obligations of the City and Dell regarding the Project. 1. In the event Dell reasonably determines that the Project or the construction of the Project negatively impacts Dell's use of or operations on any other property owned by Dell in the vicinity of the Property, the Dell shall provide written notice to the City of such adverse affects ("Traffic Concerns"). 2. The City agrees to cooperate with Dell and each party hereto agrees to use good faith efforts in an attempt to resolve such Traffic Concerns. 3. The City, at the City's expense, agrees to take reasonable measures necessary to alleviate such Traffic Concerns, including but not limited to the following: a. Installing traffic signals; b. Installing traffic signs; c. Installing sidewalks; d. Installing crosswalks and/or walk signals; e. Installing bike lanes; f. Providing police enforcement; (Ai -No -05-10S C:\Documents and Settings\DEBBIE BARTZ\Local Settings\Temporary Internet Files\OLKBF5\Letter Agreement origl (2).doci Deleted: C Settings\Reb Documents\I (2).doc g. Providing traffic direction by police or other authority; h. Constructing additional means of ingress and egress to the Project and/or other rights-of-way; and i. Any and all other measures that will alleviate the Traffic Concerns. 4. The City shall obtain Dell's prior written approval, which shall not be unreasonably withheld, before taking any measures to alleviate Dell's Traffic Concerns. 5. The City and Dell acknowledge that Dell might sell some or all of its property in the vicinity of the Property. This Letter Agreement shall be binding on and shall inure to the benefit of any assignee, transferee, or successor of Dell, and shall run with the land subject to all of the conditions set forth herein. This Letter Agreement is executed on this the 17th day ofApril, 2006. GRANTOR DELL COMPUTER HOLDINGS, L.P., a Texas Limited Partnership By: Dell Gen. P. Co By: Its: V eneral partner State of Texas County of Williamson Son (Printed Name) Wor d.Wt` a Fac.4 I' ; eS This instrument was acknowledged before me on this the X711.1) / day of O p r ,1 , 2006, by IK, p G , j hu p , the v) P hoc‘ i (11 of Dell Gen. P. Corp., general partner of Dell Computer Holdings, L.P., a Texas limited partnership, on behalf of such partnership. STEPHANIE J. DEADMON Notary Public, State of Texas My Commission Expires March 23, 2008 oil Public, State o exas C:\Documents and Settings\DEBBIE BARTZ\Local Settings\Temporary Internet Files\OLKBF5\Letter Agreement origl (2).doe, eS Deleted: C Settings\Reb Documents\I (2).doc 1 GRANTEE: CITY OF ROUND ROCK, By: �I R. Nuse, City Manager State of Texas County of Williamson This instrument was acknowledged before me on this the )5 day of , 2006, by James R. Nuse, City Manager of the City of Round Rock, a Texas hothe rule city on behalf of said city. 1_,-s.;V::.r.1,,MICHAEL MASON WEAVER ;' 1, ,Notary Public, State of Texas %\ : ° My Commission Expires --''tZ `,Zos January 31, 2010 i����t-�' Public, State of Texas Deleted: C Settings\Reb Documents\I (2).doc C:\Documents and Settings\DEBBIE BARTZ\Local Settings\Temporary Internet Files\OLKBF5\Letter Agreement origl (2).doe, Exhibit A Special Warranty Deed with Right of Reversion Deleted: C Settings\Reb Documents\I (2).doc C:\Documents and Settings\DEBBIE BARTZ\Local Settings\Temporary Internet Files\OLKBF5\Letter Agreement origl (2).do4 11 iii 11 11 SPECIAL WARRANTY DEED WITH RIGHT OF REVERSION THE STATE OF TEXAS COUNTY OF WILLIAMSON iii 1111 11001 iii DEED 8 PGS 2@@6@39644 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.. WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed Dell Way improvement project ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, Dell Computer Holdings, L.P., its successors and assigns; hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day Sold and by these presents does Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: 0.0930 of one acre of land out of Lot 1, Block B, Dell North Campus Subdivision, a subdivision in the City of Round Rock, of record in Cabinet Q, Slide 284, Plat Records, Williamson County, Texas, more fully described by metes and bounds in Exhibit "A", attached hereto. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. Cw -o&= csAOs DeIl.DAW\General\Round Rock\ROW Deeds\0.093 acre deed\rev4 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, and its successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. Notwithstanding anything contained herein to the contrary, in the event that the Property is at any time used by the City of Round Rock or its successors or assigns (Grantee) for any use other than public right-of-way; then the Property shall, at Grantor's sole option, revert back to Grantor, or Grantor's successors or assigns, as the case may be, in fee simple, without any compensation to Grantee, or its successors or assigns. In the event Grantor, its successors or assigns, chooses to exercise its reversionary right pursuant to the foregoing sentence, Grantee shall be put on notice of such reversion and such reversion will be evidenced by a written affidavit or certificate attesting to such reversion executed by Grantor, its successors or assigns, and filed of record in the Office of the County Clerk of Williamson County, Texas. Enforcement of the provisions set forth herein may be by Grantee or Grantor, as appropriate, and their respective successors and assigns, by a proceeding at law or in equity against Grantor or Grantee, as appropriate, or other person(s) or entity(ies) violating or attempting to violate them, and failure to enforce any covenant herein contained shall in no event be deemed a waiver of the right to do so thereafter. Should any party entitled to enforce the provisions of this deed as aforesaid bring suit against any other party, person(s) or entity(ies) for the enforcement of any of the provisions hereof, the prevailing party(ies) shall be entitled to recover from the non -prevailing party(ies) its/their court costs, together with reasonable attorneys' fees and other legal expenses. Notwithstanding anything contained herein which could be construed to the contrary, Grantor has not made, does not make and hereby specifically disclaims any representations or warranties, whether express, implied, statutory or otherwise, concerning the physical condition of the Property, and Grantee hereby purchases and accepts the same AS IS, WHERE IS, AND WITH ALL FAULTS, without warranty of habitability, merchantability, suitability for a particular purpose, or any other warranty of any kind or nature whatsoever (except for the warranty of title as set forth herein). [SIGNATURE PAGES FOLLOW] 2 2006. IN WITNESS WHEREOF, this instrument is executed on this the 17`h day of April, GRANTOR DELL COMPUTER HOLDINGS, L.P., a Texas Limited Partnership By: Dell Gen. P. By: S 'w11I104, Cap -T, . Its: VP I�orldWr eneral partner 40 f (Printed Name) Fad t Web GRANTEE: CITY OF RO,D ROCK, By: es R. Nuse, City Manager [ACKNOWLEDGEMENT PAGE FOLLOWS] 3 Acknowledgments State of Texas County of Williamson ah This instrument was acknowledged before me on this the a' 'day of A r r 2006, by K ( 1 h p5c r. , the Ve �� ki 3 c, I Dell Gen. P. Corp., general partner of Dell Computer Holdings, L.P., a Texas limited partnership, on behalf of such partnership. STEPHANIE J. L .NDMC`: Notary Public, Starr ` Tex;, My Corrroission March 23, 200"6 State of Texas County of Williamson Notafy ublic, State of Texas This instrument was acknowledged before me on this the 5 day of , 2006, by James R. Nuse, City Manager of the City of Round Rock, a Texas home ru1i city on behalf of said city. MICHAEL MASON WEAVER Notary Public, State of Texas My Commission Expires ;;:_'` January oc/7 No . Public, State of Texas GRANTEE'S MAILING ADDRESS: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Williamson County PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 0 309 East Main b/ Round Rock, Texas 78664 4 EXHIBIT A DELL COMPUTER HOLDINGS, L.P. TO THE CITY OF ROUND ROCK DESCRIPTION DESCRIPTION OF 0.0930 OF ONE ACRE OR 4,053 SQUARE FEET OF LAND, MORE OR LESS, OUT OF LOT 1, BLOCK B, DELL NORTH CAMPUS SUBDIVISION, A SUBDIVISION IN THE CITY OF ROUND ROCK, OF RECORD IN CABINET Q, SLIDE 284, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, SAID LOT 1 BEING OUT OF THAT TRACT DESCRIBED IN A DEED TO DELL COMPUTER HOLDINGS, L.P., OF RECORD IN DOCUMENT NO. 9633513, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0930 OF ONE ACRE BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod set with plastic cap at the southwest corner of this tract, same being in the southeast line of said Lot 1 and said Dell Computer tract, same also being in a northwest line of Lot 1, Boardwalk 2 Subdivision Section 6 Also a Replat of Boardwalk 2 Section 4 Lot 1, of record in Cabinet N, Slide 188, Plat Records, Williamson County, Texas, said Lot 1, Boardwalk 2 Subdivision, being described in a deed to A & B Texas LLC, of record in Document No. 2003024971, Official Public Records, Williamson County, Texas, said point being the beginning of a curve, from said point a 1/2" iron rod found at a southwest corner of said Lot 1, Dell North Campus and said Dell Computer tract, same being an angle point in the northwest line of said Lot 1, Boardwalk 2 Subdivision and said A & B Texas tract, same also being an east corner of Lot 2, Home Depot Subdivision Also a Replat of Corridor Park II A Lot 4 and Lot 5, of record in Cabinet N, Slide 194, Plat Records, Williamson County, Texas, said Lot 2, Home Depot Subdivision, being described in a deed to H.D.R.R. I-35 Partnership, LTD., of record in Document No. 2002094561, Official Public Records, Williamson County, Texas, bears S69°32'26"W 381.03 feet; THENCE, with the west line of this tract, crossing said Lot 1, Dell North Campus and said Dell Computer tract, the following four courses: 1.) with a curve to the right, with an intersection angle of 07°19'10 ", a radius of 171.00 feet, an arc distance of 21.84 feet, the chord of which bears N07°56'41 "E 21.83 feet to a 1/2" iron rod set with plastic cap at the point of tangency of said curve; 2.) N11°36'17"E 28.55 feet to a 1/2" iron rod set with plastic cap at the point of curvature of a curve; 3.) with a curve to the left, with an intersection angle of 11°16'27", a radius of 79.00 feet, an arc distance of 15.54 feet, the chord of which bears N05°58'08"E 15.52 feet to a 1/2" iron rod set with plastic cap at the end of said curve; and 4.) N54°05'32"W 28.08 feet to a 1/2" iron rod set with plastic cap at the northwest corner of this tract, same being in the northwest line of said Lot 1, Dell North Campus, also being in the southeast line of Dell Way; Page 1 of 3 Page 2 of 3 0.0930 THENCE, with the northwest line of this tract and said Lot 1, Dell North Campus tract, crossing said Dell Computer tract, same being the southeast line of said Dell Way, the following two courses: 1.) with a curve to the left, with an intersection angle of 03°46'21", a radius of 470.00 feet, an arc distance of 30.95 feet, the chord of which bears N71°16'18"E 30.94 feet to a 1/2" iron rod set with plastic cap at the point of tangency of said curve; and 2.) N69°23'09"E 46.62 feet to a 1/2" iron rod set with plastic cap at the northeast corner of this tract; THENCE, with the east line of this tract, crossing said Lot 1, Dell North Campus and said Dell Computer tract, the following three courses: 1.) S28°41'13"W 21.77 feet to a 1/2" iron rod set with plastic cap at the beginning of a curve; 2.) with a curve to the right, with an intersection angle of 22°41'15", a radius of 121.00 feet, an arc distance of 47.91 feet, the chord of which bears S00°15'39"W 47.60 feet to a 1/2" iron rod set with plastic cap at the point of tangency of said curve; and 3.) S11°36'17"W 24.90 feet to a 1/2" iron rod set with plastic cap at the southeast corner of this tract, same being in the southeast line of said Lot 1, Dell North Campus and said Dell Computer tract, and in the northwest line of said Lot 1, Boardwalk 2 Subdivision and said A & B Texas tract, from said point a 1/2" iron rod found at an angle point in the southeast line of said Lot 1, Dell North Campus and said Dell Computer tract, same being in the northwest line of said Lot 1, Boardwalk 2 Subdivision and said A & B Texas tract, bears N69°32'26"E 190.23 feet; THENCE, with the southeast line of this tract, of said Lot 1, Dell North Campus and said Dell Computer tract, and the northwest line of said Boardwalk 2 Subdivision and said A & B Texas tract, S69°32'26"W 47.92 feet to the POINT OF BEGINNING and containing 0.0930 of one acre, more or less, within these metes and bounds. All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD83(93) HARN. All distances and coordinates were adjusted to surface using a combined scale factor of 1.00011. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive, Suite 6, Austin, Texas 78731 (512) 451-8591 lo(LA 4b5 Chris Conrad, Reg. Professional Land Surveyor No. 5623 Date Note: There is a plat to accompany this description.doc, Revised 10-21-05. 05-194 RE:' CITY OF ROUND SCALE 1" = 60' LOT 2 HOME DEPOT SUBDIVISION ALSO A REPLAT OF CORRIDOR PARK II A LOT 4 & LOT 5 CAB. N, SL. 194 iS6 X52 B1 � 5100, y2.E H.D.R.R. 1-35 PARTNERSHIP, LTD. DOC. 2002094561 NOTES: 1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID BEARINGS BASED ON A SURVEY PROVIDED BY EARTHTECH. THESE COORDINATES WERE ESTABLISHED FROM "AUSTIN RRP", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10086515.883, E=3109682.458, AND "8M1078" A TXDOT SURVEY MONUMENT HAVING COORDINATE VALUES OF N=10097010.902, E=3128551.053. HAVING A GRID BEARING OF N60'54'59"E, AND A GRID DISTANCE OF 21590.95 FEET. THE COMBINED SCALED FACTOR IS 1.00011. ALL DISTANCES SHOWN ARE SURFACE DISTANCES. 2. THIS SURVEY WAS DONE WITHOUT A TITLE REPORT OR EASEMENT SEARCH. ROCK SKETCH TO ACCOMPAN' '')ESCRIPTION OF 0.0930 AC. OR 4053 SQ. f f. OF LAND OUT OF LOT 1, BLOCK B, DELL NORTH CAMPUS SUBDIVISION, ROUND ROCK, WILLIAMSON COUNTY, TEXAS DELL WAY DELL COMPUTER HOLDINGS, L.P. DOC. 9633513 DELL P. U; 0 t) (,1 0 tr LOT 1, BLOCK "B" NORTH CAMPUS SUBDIVISION CAB. 0, SL. 284 `Sb9 4cj 21"W� 569. O9 E 6g 23 .6,2: 46 . ^ "� 63 O /' i/ N54'05 32"W X 28.08' P.O.B. GRID COORDINATES N=10,150,482.12 E= 3,135,063.88 W h cd O —0 ,'W '26 N69 49 36 Ei L LOT 1 BOARDWALK 2 SUBDIVISION SECTION 6 ALSO A REPLAT OF BOARDWALK 2 SUBDIVISION SECTION 4 LOT 1 CAB. N, SL. 188 0� 619,a X61\ y2i S11'36'17"W 24.90' A & B TEXAS LLC DOC. 2003024971 CURV CURVE LENGTH RADIUS DELTA BEARING CHORD C1 21.84' 171.00 07'19'10" NO7'56'41 "E 21.83' C2 15.54 79.00 1116'27" N05'58'08"E 15.52 C3 30.95' 470.00 03'46'21" N71'16'18"E 30.94' C4 47.91 121.00 22'41'15" S00'15'39"W 47.60 ID /141 (05 CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE Note: This copy of this plat is not valid unless an original signature through an original seal appears on its face. There is a description to accompany this plat. M: \sdskproj\03-118HOME—DEPOT\dwg\new align—esmt_a.dwg LEGEND • 1/2" IRON ROD FOUND O 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" • PK NAIL FOUND P.O.B. POINT OF BEGINNING RECORD INFORMATION (xxx) CABINET N, SLIDE 188 [xxx] CABINET Q, SLIDE 284 ixxX1 CABINET N, SLIDE 194 SURVEYED BY: PAGE 3 OF 3 McGRAY & McGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 ISSUED: 10/21/05 JOB NO.: 05-194 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006039644 05/17/2006 11:20 AM CARRILLO $44.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 'SCANNED # l O0 ti . SCANNED # P2.543 SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: M AN lad , 2006 Grantor: CITY OF ROUND ROCK Grantor's Mailing Address (including county): CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 Williamson County Grantee: DELL COMPUTER HOLDINGS, L.P., a Delaware limited partnership Grantee's Mailing Address (including county): One Dell Way MS LC2-9007 Round Rock, Texas 78682 Williamson County CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): BEING a 0.27 acre tract of land in the ASA Thomas Survey Abstract No. 609, in Williamson County, Texas being out of Lot 1, Block B of the DELL NORTH CAMPUS SUBDIVISION, as recorded in Cabinet Q, Slide 284 of the Plat Records of Williamson County, Texas, said 0.27 acre tract of land, with accompanying sketch is more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any 00092632. DOC 1 encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. Notwithstanding anything contained herein which could be construed to the contrary, Grantor has not made, does not make and hereby specifically disclaims any representations or warranties, whether express, implied, statutory or otherwise, concerning the physical condition of the Property, and Grantee hereby purchases and accepts the same AS IS, WHERE IS, AND WITH ALL FAULTS, without warranty of habitability, merchantability, suitability for a particular purpose, or any other warranty of any kind or nature whatsoever (except for the warranty of title as set forth herein). When the context requires, singular nouns and pronouns include the plural. CITY OF ROUND ROCK, TEXAS By: R. Nuse, City Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 1S day of 7n4 , 2006, by James R. Nuse, City Manager of the City of Round Rock, Texas, a Texas htfine rule city, on behalf of said city. se:1 F MICHAEL MASON WEAVER fNotary Public, State of Texas My Commission Expires °••.,,^,;,;,,•°` January 31, 2010 No,t'ary Public, St.te of Texas 2 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: DELL COMPUTER HOLDINGS, L.P. One Dell Way MS LC2-9007 Round Rock, Texas 78682 1 May 11, 2000 EXHIBIT 1 A JOB NO. 31615-10002 0.27 ACRE ROAD EASEMENT FIELD NOTE No. 166 FIELD NOTES A DESCRIPTION OF A 0.27 ACRE TRACT OF LAND IN THE ASA THOMAS SURVEY ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS BEING OUT OF LOT 1, BLOCK B OF THE DELL NORTH CAMPUS SUBDIVISION AS RECORDED IN CABINET Q, SLIDE 284 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,TEXAS, SAID 0.27 ACRE TRACT OF LAND, WITH ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2" inch iron rod found at the most northerly corner of Lot 2, of the Home Depot Subdivision as recorded in Cabinet N, Slide 194 of the Plat Records of Williamson County, Texas, said iron rod being an interior ell comer of the said Lot 1 Block B of the Dell North Campus Subdivision, from which a 80d nail with a center punch marking an angle point in the south line of the said Dell North Campus Subdivision and the north line of Lot 1 of the Boardwalk 2 Subdivision Section 6 a s recorded in Cabinet N Slide 188 of the plat records of said county, bears S 81° 01' 36"E 668.86 feet; THENCE with the northeast line of said Home Depot Subdivision and a southwest line of the said Lot 1 Block B, S 47° 55' 59" E 62.73 feet to a iron rod with cap set for the POINT OF BEGINNING of the here described tract; THENCE departing the said common line and crossing Lot 1 Block B of the said Dell North Campus Subdivision, N 26° 17' 00"E 163.43 feet to a 1/2" inch iron rod with cap set in the arc of a curve to the left in the south right-of-way line of Dell Way, having a 80 foot wide right-of-way, and being the most northerly comer of the herein described tract; THENCE with the arc of said curve to the left and the south right-of-way line of Dell Way passing through a central angle of 07° 26' 40" to a 1/z" inch iron rod with cap set, said curve having a radius of 470.00 feet, an arc length of 60.93 feet, and a chord bearing S 73° 30' 30" E 60.89 feet said iron rod being the northeast comer of the herein described tract; THENCE departing the said south right-of-way line and crossing said Lot 1 Block B S 26° 17' 00" W 219.60 feet to a 1/2" inch iron rod with cap set in the said northeast line of Home Depot Subdivision and the said southwest line of the Dell North Campus Subdivision; THENCE with the said common line of said Home Depot Subdivision and the Dell North Campus Subdivision N 21° 30' 20" W 62.38 feet to a 1/2" inch iron rod with cap set for an angle point in the said common line; THENCE continuing with said common line N 47° 55' 59" W 14.34 feet to the POINT OF BEGINNING of the herein described tract and containing 0.27 acres of land, more or less. THE STATE OF TEXAS COUNTY OF TRAVIS KNOWN BY ALL THESE MEN PRESENT: That I, David P. Carr, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during January, 1999 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 11th day of May, 2000, A.D. Earth Tech 811 Barton Springs Road Suite 400 Austin, Texas 78704 David P. Carr Registered Professional Land Surveyor . 3997 - State of Texas r\-,2 3997 9`yp°:sssto. oma% SUA\IS DAVID PAUL CARR. . ' • I i • DELTA =1 0.54'09" R=470.00' \ AL=89.43' LEGEND O IRON ROD WITH CAP SET • IRON ROD FOUND Q IRON PIPF FOUNT) 0 80D NAIL FOUND WI'- CENTER PUNCH CB= N64'20'35'W-89.30' A4Q T T • GRAPHIC SCALE O� (8v- GLC iy Nrog)- DELTA= 34.26'45" R=470.00' AL=282.56' CB= N55'33'18"E- 278.32' DELT 7 26:4Q R=470.00' AL=60.93' CB= S7330'30'E-60, 89' 7\ G0\ <'%o \ s�. >T \ s�. s� F�\ P.O.B. N4755'59"W 14.34' par'oofthe e or. this page was nor aar y-ekibie for Lisi$C(ory recordatior, AR T if TIIC 81, BARTON SPRDI ,m. Sit. 400 AUS1P rtXAS 7.1701-1144 (512) 474-7-00 k3 No E ASE DP OOGG�# REG�R�S TEXAS\ I:5" -1 - ENS N2"'30'20"`;i �� � z_73. DRN APP D.C. a 05-10-00 05-10-00 H FILENAME 1: \work\survey\ pro'- cts\hesters\ FIELD NOTE 166 FIELD BOOK coo 1 BOARD`NA CT10NUBDIVISION CAB• R CORDS136 OF PLA COUNTY. TEXAS WS-.UAMSON FIELD NOTE SKETCH TO ACCOMPANY FN166 CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS DATE: SUBJECT: ITEM: CITY MANAGER BLUE SHEET May 9, 2006 City Manager Approval The City desires to construct a direct accessway from Dell Way to the Boardwalk Shopping Center. To accomplish this the City needs some property from Dell Computer Inc. Dell is agreeable to donate the needed right-of-way, if the City will convey back to Dell a parcel of right-of-way that was acquired several years ago to place the accessway at a different location. There is also a letter agreement that sets out additional terms and provisions regarding the construction of the accessway Department: Legal Staff Person: Steve Sheets Justification: Funding: Cost: Source of funds: Background Information: Updated 3-10-05