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CM-06-12-225ARMBRUST & BROWN, L.L.P. ATTORNEYS AND COUNSELORS 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2380 SUE BROOKS LITTLEFIELD (512) 435-2307 slittlefield@abaustin.com December 18, 2006 Steve Sheets City Attorney Sheets & Crossfield 309 E. Main Street Round Rock, Texas 78664-5264 J. Kay Gayle Assistant City Attorney Sheets & Crossfield 309 E. Main Street Round Rock, Texas 78664-5264 12-19-06P02:20 RCVD Re: Correction Easements—Paloma Lake Municipal Utility Districts No. 1 and 2 Dear Steve and J. Kay: As you know, Paloma Lake Development has been obtaining a number of easements for the McNutt Interceptor, including several easements required from Ken Burge a/ka/ Kenneth W. Burge. It was recently discovered that the easements originally obtained from Mr. Burge did, not include all of the property needed, and so our office has prepared correction easements, mirroring the originals but adding the additional property, and Paloma Lake Development has paid Mr. Burge the additional consideration required and have obtained his signatures on the correction easements. Because these are correction easements, which will replace the easements originally granted, the City of Round Rock also needs to join in the execution of the correction documents. I am enclosing the original correction easements, the Settlement Statement and the Non -Foreign Affidavit, signed by Mr. Burge, as enclosures to the letter to J. Kay. This letter is to request that you obtain the joinder of the appropriate representative of the City, and either record the originals and provide me with a copy of each, or return the originals to me for recordation, in which case I will provide copies to you for your files. Please let me know if you have any questions. I appreciate your assistance. Sincerely, ARMBRUST & BROWN, L.L.P. By: Enclosures — Original Documents (J. Kay) Copies of Documents (Steve) cc: Blake Magee Amy Frederick 263653-1 12/18/2006 Sue Brooks Littlefield ARMBRUST 8a BROWN, L.L.P. ATTORNEYS AND COUNSELORS 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 SUE BROOKS LITTLEFIELD (512)435-2307 slittlefield@abaustin.com December 4, 2006 Steve Sheets City Attorney Sheets & Crossfield 309 E. Main Street Round Rock, Texas 78664-5264 J. Kay Gayle Assistant City Attorney Sheets & Crossfield 309 E. Main Street Round Rock, Texas 78664-5264 12-05-061.'02:20 RCVD Re: Correction Easements—Paloma Lake Municipal Utility Districts No. 1 and 2 Dear Steve and J. Kay: As you know, Paloma Lake Development has been obtaining a number of easements for the McNutt Interceptor, including several easements required from Chester and Joyce Madsen. It was recently discovered that the easements originally obtained from the Madsens did not include all of the property needed, and so our office has prepared correction easements, mirroring the originals but adding the additional property, and Paloma Lake Development has paid the Madsens the additional consideration required and have obtained their signatures on the correction easements. Because these are correction easements, which will replace the easements originally granted, the City of Round Rock also needs to join in the execution of the correction documents. I am enclosing the original correction easements, signed by the Madsens, as enclosures to the letter to J. Kay. This letter is to request that you obtain the joinder of the appropriate representative of the City, and either record the originals and provide me with a copy of each, or return the originals to me for recordation, in which case I will provide copies to you for your files. Please let me know if you have any questions. I appreciate your assistance. Sincerely, ARMBRUST & BROWN, L.L.P. By: () Enclosures — Original Correction Easements (J. Kay) Copies of Correction Easements (Steve) cc: Blake Magee Amy Frederick 262235-1 12/04/2006 Sue Brooks Littlefield A. Supplemental Settlement Statement U.S. Department of Housing and Urban Development OMB Approval No. 2502-0265 B. Type of Loan 1, ■ FHA 2. ■ FmHA 3. ■Conv. Unins. 4. EVA 5. ■Conv. Ins. 6. File Number: 7. Loan Number: 8. Mortgage Insurance Case Number: C. Note: This form is fumished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower: City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664 E. Name & Address of Seller: Ken Burge a/k/a Kenneth W. Burge 3109 Stoney Point Road Round Rock, Texas 78664 F. Name & Address of Lender: nla G. Property Location: Wastewater Line and Temporary Construction Easements in Williamson County, Texas H. Settlement Agent: Settlement Agent TIN Seller TIN Place of Settlement: I. Settlement Date: J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due from Borrower 400. Gross Amount Due to Seller 101. Contract sales price $9,710.00 401. Contract sales price $9,710.00 102. Personal property 402. Personal Property 103. Settlement charges to borrower (line 1400) 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower $9,710.00 420. Gross Amount Due To Seller $9,710.00 200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Payment for Original Easement $8,800.00 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. Payment for Original Easement $8,800.00 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower $8,800.00 520. Total Reduction Amount Due Seller $8,800.00 300. Cash At Settlement From/To Borrower -0- 600. Cash At Settlement To/From Seller -0- 301. Gross Amount due from borrower (line 120) $9,710.00 601. Gross amount due to seller (line 420) $9,710.00 302. Less amounts paid by/for borrower (line 220) $8,800.00 602. Less reductions in amt. due seller (line 520) 603. Cash 0 To ■ From Seller $8,800.00 $910.00 303. Cash ® From •To Borrower $910.00 SUBSTITUTE FORM 1099 SELLER STATEMENT -The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is important tax information and is being fumished to the Internal Revenue Service. If you are required to file a retum, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION -If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax retum; for other transactions, complete the application parts of form 4797, Forrn 6252 and/or Schedule D (Form 1040). You are required by law to provide your correct taxpayer identification number. If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. CITY OF ' •UNI ROCK, T $ By: OT T! /. ' ' Borrower 261133-1 11/21/2006 By: urge, a/k/a Kenneth W. Burge, Seller • 0.663 Acre A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT McNUTT SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 15.19 ACRE TRACT OF LAND CONVEYED TO KEN BURGE BY DEED RECORDED IN DOCUMENT NO. 9618889 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF THAT 32.21 ACRE TRACT OF LAND CONVEYED TO KENNETH W. BURGE BY DEED RECORDED (N DOCUMENT NO. 9716054 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at a W iron rod set in the West Line of the said 15.19 Acre Tract and in the East Line of that 161.11 acre tract of land conveyed to Chester Madsen and wife, Janette Madsen by deed recorded in Volume 434, Page 176 of the Deed Records of Williamson County, Texas, the same being the Northeast Corner of the said 32.31 Acre Tract; THENCE N.01 °19'28"E., along the West Line of the 15.19•Acre Tract and the East Line of the 161.11 Acre Tract, a distance of 10.82 feet; THENCE crossing the said 15.19 Acre Tract the following four courses: 1. S.70°25'27"E. a distance of 153.26 feet; 2. S.14°39'18"E. a distance of 396.37 feet; 3. S.07°08'43"W. a distance of 139.00 feet; 4. S.72°05'47"E.•a distance of 254.68 feet to the East Line of the 15.19 Acre Tract and the West Line of that 87.291 acre tract of land conveyed to Round Staff Partners by deed recorded in Document No. 2005083809 of the Official Public Records of Williamson County, Texas; THENCE S.02°38'22"E., along the East Line of the 15.19 Acre Tract and the West Line of the 87.291 Acre Tract, a distance of 32.04 feet from which point a %" iron rod found at the Southeast Corner of the 15.19 Acre Tract bears S.02°38'22"E., 252.28 feet; THENCE crossing the said 15.19 Acre Tract the following four courses: 1. N.72°05'47"W. a distance of 290.76 feet; 2. N.07°08'43"E. a distance of 158.06 feet; 3. N.14°39'18"W. a distance of 374.72 feet; 4. N.70°25'27"W., at a distance of 127.46 feet pass the West Line of the 15.19 Acre Tract and continue crossing the said 32.21 Acre Tract, in all a total distance of 159.08 feet; THENCE N.01°19'28"E., crossing the said 32.21 Acre Tract, a distance of 10.81 feet to the North Line of the 32.21 Acre Tract; THENCE S.88°48'05"E., along said North Line, a distance of 30.00 feet to the said Point of Beginning. Containing 0.663 acre, more or Tess. 200 . Kenneth eigand Registered Professional Land Surveyor No. 5741 State of Texas RJ Surveying, Inc. 1212 East Braker Lane Austin, Texas 78753 S:ILAND 1250-12991125911259-5.rtf Exhibit A Page 1 of 2 CHESTER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 POINT OF BEGINNING 58848'05"E 30.00' oo ;v o N'\ W. KENNETH BURGE /SR 06, 32.21 ACRES DOCUMENT / 9716054 KEN BURGE 15.19 ACRES DOCUMENT No. 9618889 1/2"/RS 9134147 AM CDT N M S:\LAND1250-1299\1259\dwg\1259-ESMT-5.dwg DETAIL SCALE: 1" = 40' N47 04 24 "W 8319.61' TO CITY OF ROUND ROCK H.A.R.N. MONUMENT No. 01-039 CHESTER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 P BEGINNING SEE DETAIL -\ OF 1 2056' KENNETH W. BURGE 32.21 ACRES DOCUMENT 19716054 NOTE: IRF = IRON ROD FOUND IRS = IRON ROD SET (WITH RJ SURVEYING CAP) N LINDA BUSHONG 21.67 ACRES DOC / 9708518 __---r--‘40- kb Or N4 NV XV— KEN BURGE 15.19 ACRES DOCUMENT No. 9618889 EASEMENT 0.663 ACRE 4 ROUND STAFF PARTNERS 87.291 ACRES DOC. No. 2005083809 1/2"/R SKETCH TO ACCOMPANY DESCRIPTION (SEE DESCRIP770N ON A SEPARATE ATTACHMENT) DATE JULY 3, 2006 SCALE: 1" = 200' RJ SURVEYING, INC. 1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793 Exhibit A Pape 2 of 2 'J 1.540 Acres A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT McNUTT SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 15.19 ACRE TRACT OF LAND CONVEYED TO KEN BURGE BY DEED RECORDED IN DOCUMENT NO. 9618889 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF THAT 32.21 ACRE TRACT OF LAND CONVEYED TO KENNETH W. BURGE BY DEED RECORDED IN DOCUMENT NO. 9716054 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at a'/z° iron rod set in the West Line of the said 15.19 Acre Tract and in the East Line of that 161.11 acre tract of land conveyed to Chester Madsen and wife, Janette Madsen by deed recorded in Volume 434, Page 176 of the Deed Records of Williamson County, Texas, the same being the Northeast Corner of the said 32.31 Acre Tract; THENCE N.88°48'05'W., along the North Line of the 32.21 Acre Tract, a distance of 30.00 feet to the Point of Beginning; THENCE crossing the said 32.21 Acre Tract the following two courses: 1. S.01 °19'28"W., a distance of 10.81 feet; 2. S.70°25'27"E., at a distance of 31.62 feet pass the East Line of the said 32.21 Acre Tract and the West Line of the said 15.10 Acre Tract, in all a total distance of 159.08 feet; THENCE crossing the said 15.19 Acre Tract the following three courses: 1. S.14°39'18"E. a distance of 374.72 feet; 2. S.07°08'43"W. a distance of 158.06 feet; 3. S.72°05'47"E. a distance of 290.76 feet to the East Line of the 15.19 Acre Tract and the West Line of that 87.291 acre tract of land conveyed to Round Staff Partners by deed recorded in Document No. 2005083809 of the Official Public Records of Williamson County, Texas; THENCE S.02°38'22"E., along the East Line of the 15.19 Acre Tract and the West Line of the 87.291 Acre Tract, a distance of 53.47 feet from which point a'/2" iron rod found at the Southeast Corner of the 15.19 Acre Tract bears S.02°38'22"E., 198.81 feet; THENCE crossing the said 15.19 Acre Tract the following four courses: 1. N.72°04'58"W. a distance of 371.28 feet; 2. N.07°08'43"E. a distance of 182.15 feet; 3. N.14°39'18'W. a distance of 324.20 feet; 4. N.70°25'27"W., at a distance of 67.22 feet pass the West Line of the 15.19 Acre Tract and continue crossing the said 32.21 Acre Tract, in all a total distance of 172.67 feet; THENCE N.01 °19'28"E., crossing the said 32.21 Acre Tract, a distance of 61.28 feet to the North Line of the 32.21 Acre Tract; Page 1 of 2 S:ILAND1250-12991125911259-5-TC.rtf Exhibit B Paee 1 of 3 1.540 Acres THENCE S.88°48'05"E., along said North Line, a distance of 70.00 feet to the said Point of Beginning. Conti g 1.540 acres, more or less. enneth Weigand Registered Professional Land Surveyor No. 5741 State of Texas RJ Surveying, Inc. 1212 East Braker Lane Austin, Texas 78753 ott JOHN KENNETH.WE,IGANO S90 5741 P; c� . SUR`i Page 2 of 2 S:ILAND1250-12991125911259-5-TC.rtf Exhibit B Page 2 of 3 CHthrtER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 2 KEN BURGE 15.19 ACRES zt DOCUMENT 0 2 No. 9618889 � PGVNT OF N88 48'05"W v BEGINNING 30.00 ` 1/2 -IRS S88 48'05"E 70.00' �qg $ .5>0.z570..75goe,F 501\°' 10. V 6?• KENNETH W. BURGE 32.21 ACRES DOCUMENT / 9716054 DETAIL SCALE: 1" = 40' N47'04'24"W 8319.61' TO CITY OF ROUND ROCK H.A.R.N. MONUMENT No. 01-039 CHESTER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 EDETAIL POINT OF BEGINNING S88 48'05`E 70.00' • NO179'28 E 61.28 LINDA BUSHONG 21.67 ACRES DOC 1 9708518 KEN BURGE 1519 ACRES DOCUMENT No. 9618889 .41 1410 112 61 KENNETH W. BURGE 32.21 ACRES DOCUMENT ' 9716054 NOTE IRF = IRON ROD FOUND IRS = IRON ROD SET (N9lH RJ SURVEYING CAP) j Z2'7RF EASEMENT 1.540 ACRES 4 ROUND STAFF PARTNERS 87.291 ACRES DOC. No. 2005083809 1/2"IRF2 74 SKETCH TO ACCOMPANY DESCRIPTION (SEE DESCRIPTION ON A SEPARATE ATTACHMENT) DATE: JULY 3, 2006 SCALE: 1" = 200' RJ SURVEYING, INC. 1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793 Exhibit B POOP ;of3 Date: NON -FOREIGN AFFIDAVIT --INDIVIDUAL , 2006 Transferor: Ken Burge a/k/a Kenneth W. Burge Transferor's Home Address: 3109 Stoney Point Road Round Rock, Williamson County, Texas 78664 Transferor's Social Security Number: .re 7 -SD -3 S5 3 Transferee(s): City of Round Rock, Texas Property: Correction easements on the tracts of land located in Williamson County, Texas, more particularly described on Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by Transferor, I certify, on behalf of Transferor, that the contents of this Affidavit are true. Transferor is not a nonresident alien for purposes of U.S. income taxation. Transferor understands that this certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained in this Affidavit could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this Affidavit and, to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Transferor. TRANSFEROR: Ken Surge also known as Kenneth W. Burge STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on by Ken Burge also known as Kenneth W. Burge. Nuuop �', .y, y AMY TAPP FREDERICK 3•°•' "s Notary Public, State of Texas � £ My Commission Expires -;� ':1 ioiit'~` April 19, 2010 N/qpl 261134-1 11/21/2006 Notary /3 , 2006, and for the State of Texas iY 0.663 Acre A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT McNUTT SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 15.19 ACRE TRACT OF LAND CONVEYED TO KEN BURGE BY DEED RECORDED IN DOCUMENT NO. 9618889 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF THAT 32.21 ACRE TRACT OF LAND CONVEYED TO KENNETH W. BURGE BY DEED RECORDED IN DOCUMENT NO. 9716054 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at a W iron rod set in the West Line of the said 15.19 Acre Tract and in the East Line of that 161.11 acre tract of land conveyed to Chester Madsen and wife, Janette Madsen by deed recorded in Volume 434, Page 176 of the Deed Records of Williamson County, Texas, the same being the Northeast Corner of the said 32.31 Acre Tract; THENCE N.01°19'28"E., along the West Line of the 15.19•Acre Tract and the East Line of the 161.11 Acre Tract, a distance of 10.82 feet; THENCE crossing the said 15.19 Acre Tract the following four courses: 1. S.70°25'27"E. a distance of 153.26 feet; 2. S.14°39'18"E. a distance of 396.37 feet; 3. S.07°08'43"W. a distance of 139.00 feet; 4. S.72°05'47"E.•a distance of 254.68 feet to the East Line of the 15.19 Acre Tract and the West Line of that 87.291 acre tract of land conveyed to Round Staff Partners by deed recorded in Document No. 2005083809 of the Official Public Records of Williamson County, Texas; THENCE S.02°38'22"E., along the East Line of the 15.19 Acre Tract and the West Line of the 87.291 Acre Tract, a distance of 32.04 feet from which point a '/" iron rod found at the Southeast Corner of the 15.19 Acre Tract bears S.02°38'22"E., 252.28 feet; THENCE crossing the said 15.19 Acre Tract the following four courses: 1. N.72°05'47"W. a distance of 290.76 feet; 2. N.07°08'43"E. a distance of 158.06 feet; 3. N.14°39'18"W. a distance of 374.72 feet; 4. N.70°25'27"W., at a distance of 127.46 feet pass the West Line of the 15.19 Acre Tract and continue crossing the said 32.21 Acre Tract, in all a total distance of 159.08 feet; THENCE N.01°19'28"E., crossing the said 32.21 Acre Tract, a distance of 10.81 feet to the North Line of the 32.21 Acre Tract; THENCE S.88°48'05"E., along said North Line, a distance of 30.00 feet to the said Point of Beginning. Containing 0.663 acre, more or less. . Kenneth ' eigand Registered Professional Land Surveyor No. 5741 State of Texas RJ Surveying, Inc. 1212 East Braker Lane Austin, Texas 78753 S :\LAND 12 50-12991125911259-5. rtf Exhibit A Page 1 of 2 CHESTER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 POINT OF BEGINNING 58848'05'E 30.00' CO r� KENNETH W. BURGE 32.21 ACRES DOCUMENT /' 9716054 N KEN BURGE 15.19 ACRES 1 DOCUMENT 2 0 No. 9618889 N�o7s?�• is9635), '7 9134147 AM CDT St\LAND1250-1299\1259\dwg\1259-ESMT-5.dwg DETAIL SCALE: 1" = 40' N47174'24"W 8319.61' TO CITY OF ROUND ROCK H.A.R.N. MONUMENT No. 01-039 LINDA BUSHONG 21.67 ACRES DOC / 9708518 — — —1— — N' a. IP ,k0.61" tOr 71300.NA 11.4 KEN BURGE 15.19 ACRES DOCUMENT No. 9618889 CHESTER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 2056' POINT OF BEGINNING N r KENNETH W. BURGE 32.21 ACRES DOCUMENT / 9716054 NOTE IRF = IRON ROD FOUND IRS = IRON ROD SET (WITH RJ SURVEYING CAP) jy 2%RF V LA m N 03 EASEMENT 0.663 ACRE 4 ROUND STAFF PARTNERS 87.291 ACRES DOC No. 2005083809 1/21R -F1 2 SKETCH TO ACCOMPANY DESCRIPTION (SEE DESCRIP770N ON A SEPARATE ATTACHMENT) DATE JULY 3, 2006 SCALE: 1" = 200' RJ SURVEYING, INC. 1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793 Exhibit A Page 2 of 2 .1 1.540 Acres A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT McNUTT SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 15.19 ACRE TRACT OF LAND CONVEYED TO KEN BURGE BY DEED RECORDED IN DOCUMENT NO. 9618889 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS AND APART OF THAT 32.21 ACRE TRACT OF LAND CONVEYED TO KENNETH W. BURGE BY DEED RECORDED IN DOCUMENT NO. 9716054 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at a'/" iron rod set in the West Line of the said 15.19 Acre Tract and in the East Line of that 161.11 acre tract of land conveyed to Chester Madsen and wife, Janette Madsen by deed recorded in Volume 434, Page 176 of the Deed Records of Williamson County, Texas, the same being the Northeast Corner of the said 32.31 Acre Tract; THENCE N.88°48'05"W., along the North Line of the 32.21 Acre Tract, a distance of 30.00 feet to the Point of Beginning; THENCE crossing the said 32.21 Acre Tract the following two courses: 1. S.01°19'28°W., a distance of 10.81 feet; 2. S.70°25'27"E., at a distance of 31.62 feet pass the East Line of the said 32.21 Acre Tract and the West Line of the said 15.10 Acre Tract, in all a total distance of 159.08 feet; THENCE crossing the said 15.19 Acre Tract the following three courses: 1. S.14°39'18"E. a distance of 374.72 feet; 2. S.07°08'43'W. a distance of 158.06 feet; 3. S.72°05'47"E. a distance of 290.76 feet to the East Line of the 15.19 Acre Tract and the West Line of that 87.291 acre tract of land conveyed to Round Staff Partners by deed recorded in Document No. 2005083809 of the Official Public Records of Williamson County, Texas; THENCE S.02°38'22"E., along the East Line of the 15.19 Acre Tract and the West Line of the 87.291 Acre Tract, a distance of 53.47 feet from which point a'/z" iron rod found at the Southeast Corner of the 15.19 Acre Tract bears S.02°38'22"E., 198.81 feet; THENCE crossing the said 15.19 Acre Tract the following four courses: 1. N.72°04'58'W. a distance of 371.28 feet; 2. N.07°08'43"E. a distance of 182.15 feet; 3. N.14°39'18'W. a distance of 324.20 feet; 4. N.70°25'27'W., at a distance of 67.22 feet pass the West Line of the 15.19 Acre Tract and continue crossing the said 32.21 Acre Tract, in all a total distance of 172.67 feet; THENCE N.01°19'28"E., crossing the said 32.21 Acre Tract, a distance of 61.28 feet to the North Line of the 32.21 Acre Tract; Page 1 of 2 S:ILAND1250-12991125911259-5-TC.rtf Exhibit B Page 1 of 3 1.540 Acres THENCE S.88°48'05"E., along said North Line, a distance of 70.00 feet to the said Point of Beginning. Cont ' g 1.540 acres, more or Tess. enneth Weigand Registered Professional Land Surveyor No. 5741 State of Texas RJ Surveying, Inc. 1212 East Braker Lane Austin, Texas 78753 Of �GSSTf• .•P OOOOOOOOOOOOOOOO JOHN KENNETH WEIGAND 9X9 5741 7,, N6Essto;.:�� ..... Page 2 of 2 S:ILAND1250-12991125911259-5-TC.rtf Exhibit B Page 2 of 3 , CH23TER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 KEN BURGE 15.19 ACRES DOCUMENT No. 9618889 � POINT OF N88 48'05"W T§ I BEGINN/NG.,\DOOLN 1/2"IRS 58848'05"E 70.00' �� �0 NO. (216‘ KENNETH W. BURGE 32.21 ACRES DOCUMENT ,¢' 9716054 St\LAND1250-1299\1259\dwg\1259-ESMT-5-TGdwg 7/3/2006 100008 AM CDT DETAIL SCALE: 1" = 40' N47704'24"W 8319.61' TO C/TY OF ROUND ROCK H.A.R.N. MONUMENT No. 01-039 CHESTER MADSEN AND JOYCE MADSEN REMAINDER OF 161.11 ACRES VOLUME 434, PAGE 176 SEE DETAIL POINT OF BEGINNING 58848'05'E 70.00 NO179 28"E 61.28 .4N 421 14101-0.61 KENNETH W. BURGE . 32.21 ACRES DOCUMENT , 9716054 NOTE: IRF = IRON ROD FOUND IRS = IRON R00 SET (WITH RJ SURVE)ING CAP) LINDA BUSHONG 21.67 ACRES DOC , 9708518 a918 04�� .0,6,664 J s KEN BURGE 15.19 ACRES DOCUMENT No. 9618889 1/2'IRF EASEMENT 1.540 ACRES S�?aS4j+ ?9,2 N7,?a7¢S8N 4 ROUND STAFF PARTNERS 8Z291 ACRES DOC. No. 2005083809 1/21RF4� SKETCH TO ACCOMPANY DESCRIPTION (SEE DESCR/P7/0N ON A SEPARATE ATTACHMENT) DATE: JULY 3, 2006 SCALE: 1- = 200' RJ SURVEYING, INC. 1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793 Exhibit B Page 3 of 3