CM-1999-001LICENSE AGREEMENT
Date: (Jmhey %3 , 1999
Licensor: 35/45 Investors, L.P.
Licensor's Mailing Address: 808 West 10`h Street
Austin, Texas 78701
Licensee: City of Round Rock
Licensee's Mailing Address: 221 East Main Street
Round Rock, Texas 78664
Property:
License:
The area indicated as "License Area" on Exhibit A attached hereto, being
a portion of a 227.8382 acre tract of land described on Exhibit B attached
hereto.
The non-exclusive right to use the Property for access to an area north of
the Property upon which Licensee intends to construct a water storage
tower (the "Water Tower") in connection with Licensee's water utility and
to use as a route to deliver materials for the construction of the Water
Tower.
Consideration: Ten and No/ 100 Dollars ($10.00) and Licensee's agreement to allow
Licensor to display the name of Licensor's development on the Water
Tower.
1. Grant of License. For the consideration Licensor grants to Licensee the License
for a term beginning on the date hereof and continuing until the earlier of: (i) Licensee's
completion of construction of the Water Tower, (ii) , 1999, or (iii) ten (10) days
after written notice from Licensee or Licensor to the other party of either party's desire to
terminate the License.
2. Road. Licensee may construct a road or driveway upon the Property in connection
with Licensee's use of the Property.
3. Condition upon Termination. Upon the termination of this License, Licensee will
put the Property back into the same condition the Property existed prior to the construction of any
road, driveway or other improvement by Licensee.
4. Indemnification. Licensor shall not be liable to Licensee, Licensee's guests, agents,
employees, servants, or invitees for any personal injury, property damage or other claim for
damage occurring to them on or about the Property. Licensee assumes all liability, and agrees
to hold Licensor harmless from any injury or damage to any person or property of such persons
or other claim for damage occurring on or about the Property in connection with Licensee's
actions.
5 Nonassignable. The License is personal to Licensee. It is nonassignable except
to the employees and contractors of Licensee. Any attempt to assign the License other than to
Licensee's employees and contractors will terminate the License and the privileges granted to
Licensee hereunder.
When the context requires, singular nouns and pronouns include the plural.
LICENSOR:
35/45 Investors, L.P.
By: 35/45 Genpar, L.L.C.
By:
William S. Smalling, Manager
LICENSEE:
By:
name: 6i WE T T.e .
title:
2
STATE OF TEXAS
COUNTY OF
§
§
§
This documents was acknowledged before me on the day of ,
1999 by William S. Smalling, Manager of 35/45 Genpar, L.L.C., General Partner of 35/45
Investors, L.P., a Texas limited partnership, on behalf of said partnership.
NOTARY PUBLIC In and for the State of Texas
NAME - Typed or Printed
My Commission Expires:
STATE OF TEXAS
§
COUNTY OF LO LLI MI SQ Iv §
This documents was acknowledged before me on the l v day of 3 fiNZIgie y ,
1999 by Ppf,e7' L, ,66NN6`1,�11, n / T y /7)19/u,(21 -,e., , of the City of Round
Rock, a /nChv/G/,,11.G EN777 y, on behalf of said En) T! T `f
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
F: \RMALBERS \08000016 \LIC ENS E.001
NOTARY PUBLIC In and for the State of Texa
a(iie/577/VE , /7i2, e 7/AUC; 2J
NAME - Typed or Printed
My Commission Expires: Z - 51 Or
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EXHIBIT
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CRICHTON AND ASSOCIATES
LAND SURVEYORS
107 NORTH LAMPASAS
ROUND ROCK, TEXAS 78664
512-244-3395
FIELD NOTES
FIELD NOTES FOR A 227.8382 ACRE TRACT OUT OF THE J.M.
HARRELLSURVEY ABSTRACT NO.284IN WILLIAMSON COUNTY,
TEXAS AND BEING ALL OF TWO TRACTS DESCRIBED IN
VOLUME 614 PAGE 244 AND A 03786 ACRE TRACT DESCRIBED IN
VOLUME 826 PAGE 856. SAVE AND EXCu: T A 40 ACRE TRACT
DESCRIBED IN 824 PAGE 572 AND THAT CERTAIN TRACT
CONVEYED TO THE CITY OF ROUND ROCK AND DESCRIBED IN
VOLUME 1429 PAGE 462 ALL OF THE WILLIAMSON COUNTY,
TEXAS DEED RECORDS.
Beginning at a 1/2" rebar found on the North R.O.W. of Farm to Market Highway No. 1325 and at
the Southwest corner of a 14.625 acre tract conveyed to Dave Capps, Family Ltd. Partnership in Doc. No.
9718686 Official Records of Williamson County, Texas also being the most Southerly Southwest corner of this
tract for the POINT OF BEGINNING.
THENCE S 86° 55' 57" W with the North R.O.W. of Farm to Market Highway No. 1325 also being
the South line of this tract at 46330 feet passing a wood fence post at the Southeast corner of a 1.0 acre tract
conveyed to Bustin in Volume 449 Page 282 Deed Records of Williamson County, Texas also being the
Southeast corner of said 03786 acre tract in all a total distance of 543.05 feet to a 1/2" rebar set being the
Southwest corner of said 03786 and the Southeast corner of the remainder of said 1.0 acre tract.
THENCE leaving said highway and with the remainder of said 1.0 acre tract the following three (3)
courses.
1) N 14° 03' 08" W, 21037 feet to a 1/2" rebar found at the Northwest corner of said 03786 acre
tract also being the Northeast corner of the remainder of said 1.0 acre tract.
2) S 86° 47' 04" W, 130.02 feet to a 1/2" rebar found at the Northwest corner of said 1.0 acre
tract.
3) S 14° 22' 31" E, 209.63 feet to a 112" rebar set on the North R.O.W. of Farm to Market
Highway No. 1325 also being the Southwest corner of said 1.0 acre tract.
THENCE with the North R.O.W. of Farm to Market Highway No. 1325 also being the South line of
this tract the following four (4) courses.
1) S 86° 15' 25" W, 60.76 feet to a concrete highway monument found at a point of curve to the
left.
2) with said curve to the left whose elements are Delta = 430 15' 04", R = 1014.88', L = 766.11'
and whose Chord bears S 65° 19' 17" W, 748.05 feet to a concrete highway monument found
and from which a concrete highway monument found on the South R.O.W. of Farm to
Market Highway No. 1325 bears S 46° 21' 10" E, 119.69 feet.
EXHIBIT Q
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3) S 430 42' 06" W, 1010.58 feet to a concrete highway monument found.
4) S 430 50' 17" W, 378.88 feet to a nail found in the base of a wood fence post for the
Southwest corner of this tract also being the Southeast corner of a 101.28 acre tract conveyed
to Neuman in Doc. No. 9554397 Official Records of Williamson County, Texas.
THENCE N 18° 30' 00" W (basis of bearing) with the West line of this tract also being the East line
of said 101.28 acre tract at 1603.64 feet passing a 1" pipe found S 710 30' 00" W 0.94 feet in all a total
distance of 3497.26 feet to a 1 1/2" pipe found on the South line of George Blessing Mobile Home Park a
subdivision recorded in Cabinet B Slide 208 Plat Records of Williamson County, Texas for the Northwest
corner of this tract and the Northeast corner of said 101.28 acre tract.
THENCE with the North Iine of this tract also being the South line of said George Blessing Mobile
Home Park subdivision the following five (5) courses.
1) N 71° 48' 23" E, 26434 feet to a concrete monument found for a interior ell corner of Lot
3 Block C of said subdivision.
2) S 19° 45' 19" E, 18.90 feet to a concrete monument found at the Southwest corner of said Lot
3.
3) N 72° 10' 53" E, 31.51 feet to a concrete monument found on the South line of said Lot 3.
4) N 71° 29' 08" E, 162.98 feet to a 1/2" rebar found at the Southeast corner of Lot 6 also being
the Southwest corner of Lot 7.
5) N 72° 16' 03" E, 145.42 feet to a 1/2" rebar found at the Southeast corner of Lot 9 of said
subdivision also being the Southwest corner of a tract of unknown ownership being a portion
of George Blessing Mobile Home Park vacated in Volume 564 Page 631 Deed Records of
Williamson County, Texas.
THENCE N 70° 52' 20" E continuing with the North line of this tract also being the South line of said
vacated subdivision tract at about 450' feet passing the Southeast corner of said vacated subdivision tract also
being the Southwest corner of Lot 10 Block E Chisholm Valley West Section Four a subdivision recorded in
Cabinet F Slide 7 Plat Records of Williamson County, Texas in all a total distance of 504.49 feet to a 1/2"
rebar found at the Southeast corner of said Lot 10 also being the Southwest corner of Lot 9, Chisholm Valley
West, Section 4.
THENCE continuing with the North line of this tract also being the South line of said Block.E the
following five courses.
1) N 71° 31' 25" E, 171.08 feet to a 1/2" rebar found at the Southeast corner of Lot 7 also being
the Southwest corner of Lot 6 of said Block E.
2) N 71° 01' 30" E, 115.79 feet to a 1/2" rebar found at the Southeast corner of Lot 5 also being
the Southwest corner of Lot 4 of said Block E.
3) N 71° 23' 01" E, 117.97 feet to a 1/2" rebar found at the Southeast corner of Lot 3 also being
the Southwest corner of Lot 2 of said Block E.
4) N 70° 59' 09" E, 5934 feet to a 1/2" rebar found at the Southeast corner of Lot 2 also being
the Southwest corner of Lot 1 of said Block E.
5) N 71° 49' 31" E, 60.80 feet to a 1/2" rebar found at the Southeast corner of Lot 1 also being
EXHIBIT .8
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the Southwest corner of Lot 10 of Chisholm Valley West Section Three Amended a
subdivision recorded in Cabinet D Slide 120 Plat Records of Williamson County, Texas.
THENCE with the South line of said Chisholm Valley West Section Three Amended also being the
North line of this tract the following two (2) courses.
1) N 71° 19' 11" E, 115.64 feet to a 1/2" rebar found at the Southeast Domer of Lot 11 Block R
of said amended subdivision.
2) N 71° 54' 31" E, 323.46 feet to a 1/2" rebar found at the Southeast corner of Lot 16 Block R
also being the Southwest terminus of Frontier Trail and the Northwest corner of said City of
Round Rock tract and from which a 1/2" rebar found on the West R.O.W. of Frontier Trail
and at the most Easterly Northeast corner of said Lot 16 Block R bears N 17° 30' 53" W,
104.58 feet and a 1/2" rebar found at the Southeast Terminus of Frontier Trail also being the
Southwest corner of Lot 10 Block S of said amended subdivision bears N 700 35' 53" E a
distance of 59.85'.
THENCE with the West and South lines of said City of Round Rock Tract the following three (3)
courses.
1) S 14° 14' 41" E, 188.83 feet to a 1/2" rebar set at the Southwest corner of said City of Round
Rock Tract for an interior ell corner of this tract.
2) N 71° 53' 19" E, 60.00 feet to a 1/2" rebar set.
3) N 72° 02' 19" E, 111.21 feet to a 1/2" rebar set on the West terminus of Hesters Crossing also
being on the West line of a 128.665 acre tract described in Volume 717 Page 684 Deed
Records of Williamson County, Texas and from which a 3/4" pipe found at a P.I. in the West
line of said 128.665 acre tract also being the Southeast corner of said Lot 10 Block S bears
N 14° 14' 41" W, 190.00 feet.
THENCE S 14° 14' 41" E with the West Terminus of Hesters Crossing also being the West line of said
128.665 acre tract 19.93. feet to a Irl" rebar found at the Northwest corner of a 2.128 acre tract conveyed to
Ridgehill Investments in Volume 2093 Page 800 Official Records of Williamson County, Texas
THENCE S 14° 33' 33" E continuing with the West line of said 128.665 acre tract also being the West
line of said 2.128 acre tract 131.19 feet to a 1/2" pin found at the Southwest corner of said 128.665 acre tract
and 2.128 acre tract.
THENCE N 87° 45' 38" E with the North him of this tract also being the South line of said 128.665
acre tract at 53139 feet N 02° 14' 22" W 2.12 feet a 1/2" rebar found at the Southeast corner of said 2.128
acre tract also being the Southwest corner of Lot 1 Chisholm Valley South Section 10 Resub of Lots 1,2,3,4,5
as recorded in Cabinet G Slide 359 Plat Records of Williamson County, Texas, at 713.41 feet N 02° 14' 22" W
3.66 left a nail found at a P.I. on the South line of said Lot 1, at 917.99 feet N 02° 14' 22" W 4.62 feet left
a nail found at a P.I. in the South line of Lot 2 of said resub, at 937.96 feet N 02° 14' 22" W 4.79 feet left a
1/2" rebar found at the Southeast corner of said Lot 2 also being the Southwest corner of Lot 4 of said resub,
at 1117.83 feet N 02° 14' 22" W 5.63 feet left a Irl" rebar found at the Southeast corner of said Lot 4 also
being the Southwest terminus of Rawhide Drive for a total distance of 1177.69 feet to a 1/2" pin set.
THENCE N 02° 14' 22" W, 4.68 feet to a 1/2" rebar found at the Southeast terminus of Rawhide Drive
and the Southwest corner of Resubdivision Chisholm Valley South Section Five as recorded in Cabinet G Slide
178 Plat Records of Williamson County, Texas also being the beginning of a line defined by a boundary line
agreement recorded in Volume 862 Page 939 Deed Records of Williamson County, Texas.
THENCE N 88° 01' 38" E with the South line of Resubdivision Chisholm Valley South Section Five
also being the North line of this tract and the line defined by said boundary line agreement 1006.13 feet to
EXHIBIT 8
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a 3/8" pipe found on the West R.O.W. of Interstate Highway No. 35 being the Southeast corner of said
Resubdivision Chisholm Valley South Section Five and the Northeast corner of this tract.
THENCE with the West line of Interstate Highway No. 35 also being the East line of this tract the
following three (3) courses.
1) S 20* 34' 11" E, 720.67 feet to a 12" rebar set.
2) S 18' 54' 11" E, 12.71 feet to a concrete highway monument found.
3) S 14° 04' 05" E, 570.28 feet to a 1/2" Tebar found at the Northeast corner of Lot 1
Resubdivision of Lot 1 Block A Corners North a subdivision recorded in Cabinet J Slide 118
Plat Records of Williamson County, Texas also being the most Northerly Southeast corner
of this tract.
THENCE S 86' 58' 16" W with the North line of said Lot 1219.90 feet to a 1/2" rebar found at the
Northwest corner of said Lot 1 also being the Northeast corner of Town and Country Mall Subdivision as
recorded in Cabinet L Slide 57 Plat Records of Williamson County, Texas.
THENCE S 860 54' 41" W with the North line of said mall subdivision at about 665' passing the
Northwest corner of said mall subdivision also being the Northeast corner of said 14.625 acre tract, continuing
with the North line of said 14.625 acre tract a total distance of 1374.05 feet to a 1i2" rebar found at the
Northwest corner of said 14.625 acre tract for an interior ell corner of this tract.
THENCE S 14` 06' 25" E with the West line of said 14.625 acre tract 1120.44 feet to the POINT OF
BEGINNING and containing 227.8382 acres more or less.
I hereby certify that the foregoing field notes were prepared from a survey on the ground, under m
supervision and are true and correct to the best of my knowledge and belief. y
Witness my hand and seal this the 16th day of April, 1998
Revised August 14, 1998
KFN\98 218
Herman Crichton, R.P.L.S. 4046
EXHIBIT B
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