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CM-10-07-14511111111111111111111111111111111111111111111111 :,,G, POSSESSION AND USE AGREEMENT STATE OF TEXAS COUNTY OF WILLIAMSON § § § 7010047330 WHEREAS, CHISHOLM TRAIL DEVELOPERS VENTURE, LTD, a Texas limited partnership, hereinafter referred to as "GRANTOR", whether one or more, is the owner of that certain piece, parcel or tract of Iand in Williamson County, Texas, being more particularly described by metes and bounds in Exhibits "A -C", which is attached hereto and made a part hereof; and WHEREAS, the CITY OF ROUND ROCK, TEXAS "GRANTEE", plans to acquire an access easement interest in the tract of land described in Exhibit "A" (parcel 19E, part 1), a public utility and slope easement interest in the tract of land described in Exhibit "B" (parcel 19E, part 6) and a temporary construction easement interest in the tract of land described in Exhibit "C" (parcel 19E, part 7), whether through contract and conveyance or through eminent domain proceedings; and WHEREAS, the GRANTEE must have possession of said -described tract of land for the purposes described below, Relocation of utility facilities in connection with construction of the Chisholm Trail roadway improvements (Project). NOW THEREFORE, BE IT KNOWN: That in consideration of the payment of FIFTY THOUSAND AND 00/100 Dollars ($50,000.00), GRANTOR has GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the GRANTEE, its employees, agents and assigns an irrevocable right -of -entry, possession, and construction easement, with the right of exclusive possession over, upon, and across those tracts of land described in Exhibits "A -C". GRANTOR warrants and represents by, through, and under the GRANTOR, but not otherwise, that the title to the Property is free and clear of all liens and encumbrances on the title to the Property, or that any necessary and proper releases will be executed for the Property prior to or simultaneously with the first payment of funds being disbursed under this agreement. The GRANTOR further agrees to indemnify the GRANTEE from all unreleased or undisclosed liens, claims or encumbrances that are known to GRANTEE and that affect the Property. It is expressly agreed, acknowledged, and understood that the consideration paid hereunder shall be credited against, applied towards, and offset from any consideration to be paid in satisfaction of an agreed purchase price under a contract and conveyance or in satisfaction of the award of the Special Commissioners or subsequent judgment in any condemnation proceeding for the acquisition of the property interests described in Exhibits "A -C", and any other real property situated on Exhibits "A -C" or on the remainder property adjacent to Exhibits "A -C" to be acquired from GRANTOR. 00186048DUC OM- I f-wT7- td: It is expressly agreed, acknowledged, and understood that the easements, rights, and privileges herein granted are assignable and shall be used by the GRANTEE, its employees, agents, and assigns, for the purposes of entering upon the above-described property, before the closing of the contemplated real estate transaction or the acquisition of title through condemnation, and proceeding with surveying, site review and analysis, utility relocation, actual construction on the Project, and all manner of preparation and work attendant thereto. Utility relocation, if any, shall include, but not be limited to, the relocation of water and wastewater lines, electrical lines, cable television lines, telephone lines, gas lines, and their attendant facilities from the existing roadway right-of-way on the property described in Exhibits "A -C". The GRANTEE, its employees, agents, and assigns shall have the full and exclusive right to control and use the above-described tracts, including the right to erect and maintain fencing and traffic and pedestrian control and devices and signs, the right to clear trees and vegetation, and the right to excavate, trench, fill, and grade the real property itself. At no time during the possession of the property by GRANTEE for the purposes described herein shall GRANTOR be denied reasonable access and/or ingress to or egress from the remaining property. The easement, rights, and privileges herein granted shall automatically terminate upon the contemplated closing of the above-described real estate transaction or the rendition of a final judgment in condemnation proceedings. However, this grant shall survive the termination of any purchase contract agreement and shall also survive any institution of condemnation proceedings. The parties further agree as follows: That by virtue of the granting of permission to the GRANTEE to take temporary possession of the Property in accordance with this Agreement, GRANTOR does not waive any legal rights or defenses under the Constitution of the United States, the Constitution and Statutes of the State of Texas or any other provisions of the law that GRANTOR may have in Connection with the acquisition of any rights to the Property by the GRANTEE. 2. That this Right of Entry, Possession, and Construction Easement is irrevocable by GRANTOR but only valid until sixty (60) business days after the filing of a Special Commissioners' award in the Cause. Thereafter, continued possession, if at all, will be pursuant to a deposit of a Special Commissioners' award according to Texas law governing possession in a statutory eminent domain case. 3. The date of valuation for purposes of determining the value of the just compensation for the Property to be acquired shall be the date of a deposit of a Special Commissioners Award in any applicable condemnation suit for this acquisition. 5. This Agreement shall be binding upon the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties. Specifically, Grantee's heirs, devisees, executors, administrators, legal representatives, successors or assigns are bound by terms of this agreement which state that the consideration paid hereunder to Grantee shall be credited against, applied towards, and offset from any consideration to be paid in satisfaction of an agreed purchase price under a contract and conveyance or in satisfaction of the award of the Special Commissioners or subsequent judgment in any condemnation proceeding for the acquisition of the property described herein, whether said Grantee is or is not the owner of said property, now or in the future. 6. The easement, right, and privileges granted herein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by this grant. This grant shall be binding upon legal representatives, successors, and assigns of GRANTOR for the term of this grant. 7. GRANTEE agrees that once the GRANTOR, in writing, asks for a special commissioner's hearing to be scheduled, both parties will undertake all reasonable efforts to hold a special commissioners' hearing within ninety (90) days after the GRANTOR'S request. Any award that exceeds $50,000.00 will be deposited in the registry of the court within twenty (20) days following the award made by the special commissioners. If the compensation issue is settled through negotiations, a fixed date for receipt of the additional funds, if any, will be agreed upon as part of the negotiation process. TO HAVE AND TO HOLD the possession of the above-described tracts of land for the purposes and subject to the limitations described above, and GRANTOR warrants that he knows of no persons or business entity owns a present possessory interest in the fee title to the above- described premises other than GRANTOR, and that there are no parties in possession of any portion of the referenced real property as lessees other than identified herein. [signature page follows] 3. SELLER: CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership By: HiJolly I : , a Texas corpora Its Gei P By: • Address: Dav d C. Bodenman President Date: It 20 (0 PURCHASER: CITY OF ROUND ROCK By: es R. Nuse, P.E. anager 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 1— 16-1 0 4. 01-1 S<(..1 Wim, ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF -novo § KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on this the' day of the month of , 2010, by David C. Bodenman, President, of Hijolly, Inc., general partner for Chisholm Trail Developers Venture, Ltd., a Texas limited partnership, known by me to be the person whose name is subscribed to the foregoing instillment, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. SUSAN P. WOODROW MY COMMISSION EXPIRES July 27, 2013 THE STATE OF TEXAS COUNTY OF WILLIAMSON e -v...1212 Notary Public, State of f Te,5aL 5 KNOW ALL BY THESE PRESENTS: /VIC\ Th, s instrument was acknowledged before me on this the day of the month of , 2010, by James R. Nuse, known by me to be the person whose name is sub bed t' s the foregoing instrument, in the capacity and for the purposes and consideration therein expressed. ,Nuuq - - - - - v Pick MONIQUE G. ADAMS MY COMMISSION EXPIRES September 18 2011 After recording return to: /Lw4uL i Notary Publi , State of6 6").--&-)0// Don Childs Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 5. EXHIBIT I A Page 1 of 3 Access Easement August 13, 2009 PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 1) DESCRIPTION OF 0.0205 OF ONE ACRE (895 SQUARE FEET) OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 63.777 ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LI`D,, OF RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0205 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found at the southwest corner of this tract and said Chisholm Trail Developers tract and the northwest corner of Lot 1, Block A, Anchor One, a subdivision of record in Cabinet P, Slide 120-121, Plat Records and of that tract described in a deed to Frieling and Samuels Investments, of record in Document Number 2000006036, Official Public Records, Williamson County, Texas, same being in the existing east right-of-way (ROW) line of Chisholm Trail and the southeast corner of that tract described as 0.307 of one acre for ROW in a deed to the City of Round Rock, of record in Document Number 2003093096, Official Public Records, Williamson County, Texas and the northeast corner of that tract dedicated as ROW on said Plat of Anchor One, from which a 1/2" iron roti found at the northwest corner of said dedicated ROW and the southwest corner of said 0.307 one acre City of Round Rock tract bears S68°58'47"W 9,53 feet; 1) THENCE, with the west line of this tract and said Chisholm Trail Developers tract and the existing east ROW line of Chisholm Trail and the east line of said 0.307 of one acre City of Round Rock tract, N14°47'03"W 20.01 feet to a 1/2" iron rod set with a plastic cap at the northwest corner of this tract; 2) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers tract, N68°44'10"E 45.00 feet to a 1/2" iron rod set with a plastic cap at the northeast corner of this tract; 3) THENCE, with the cast line of this tract, continuing across said Chisholm Trail Developers tract, S14°4724"E 20.02 feet to a 1/2" iron rod set with a plastic cap at the southeast corner of this tract, same being in the south line of said Chisholm Trail Developers tract and the north line of said Lot 1 and said Frieling and Samuels tract, from wliicli a 1/2" iron rod fouled at the northeast corner of said Lot 1 bears N68°45' 19"E 513.21 feet; EXHIBIT Page 2 of 3 Access Easement August 13, 2009 4) THENCE, with the south line of this tract and said Chisholm Trail Developers tract and the north line of said Lot 1 and said Frieling and Samuels tract, S68°45'19"'W 45.00 feet to the POINT OF BEGINNING and containing 0,0205 of one acre (895 square feet) within these metes and bounds, more or less. All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD83(93 1-IARN). All distances and coordinates were adjusted to surface using a combined scale factor of 1.00012. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, Chris Conrad, 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 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 13th day of August, 2009 A.D. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC, 3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512) 451-8591 Chris Conrad, Reg. Professional Land Surveyor No. 5623 Note: There is a plat to accompany this description, (CTDV ESMT7) Issued 315/2009; Revised 8/13/2009 SKETCH TO ACCOMPANY DESCRIPTION OF 0.0205 AC. OR 895 SQ. FT. OF LAND OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS 40'x45' EASEMENT FOR TELEPHONE L0UIP?.TENT STATION VOL. 1182, PG, 215 O.R.W.C. CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 O.P.R.W.C. (63.777 AC.) • P.O.B. 511'09'18"E 6' L� 9.36' 0 CO, RD. 173 CHISHOLM TRAIL (R.O.W. VARIES) 5/8" 1 0 O' TP IP 0 CMZ 1 N �iC O too° FRIELING AND SAMUELS INVESTMENTS DOC. 2000006036 O.P.R.W.C. RE: CITY OF ROUND ROCK SCALE 1" 20' cE/sl`S ziti£ C.i\50.-..t11 5 a o Pn :N' PC' tiro X81 A0� s6$'���014\,9::%.5:1:4:1‘1 �E y�32 ' N-11'‘� u\\\l 07 `s pV��1Gp: S..y1G, '. \1 G��. V R. LOT 1 BLOCK A ANCHOR ONE CAB. P, Si, 120-121 P,11.W.C. DAVID CURRY SURVEY ABSTRACT NO. 130 LINE .TABLE LINE BEARING LENGTH L1 S67'58t47'W 9.53. NOTES: 1. THE COORDINATES SHOWN HEREON ARE BASED ON THE .TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NA083 (93 HARN) DATUM, THE BEARINGS SHOWN ARE GRID BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CRY OF ROUND ROCK CONTROL MONUMENTS, "RR01--002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10156747.30, E=3128487.39, AND "RR01--007", A FIXED.. CONTROL POINT HAVING COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF N15'04'02"W, AND A GRID DISTANCE Of 9359.62 FEET. THE COMBINED SCALE FACTOR IS 1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES. 2. THIS SURVEY WAS PERFORMED WITHOUT THE ,Dlt�FFIT OF AN OWNERSHIP AND EASEMENT REPORT. r ,...,... y S' 08/13/09 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 Fore. There Is a description to accompany this plot. M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT7_REV I .DWG LEGEND o 1/2" IRON ROD FOUND 0 IRON PIPE FOUND (SIZE NOTED) 1/2" IRON ROD SET VAIN PLASTIC CAP " MCGRAY MCGRAY" P.O.B. POINT .OF BEGINNING D.R.W.C. DEED RECORDS WILLIAMSON COUNTY. TEXAS O.R.W.C. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C. PLAT RECORDS WILLIAMSON COUNTY, TEXAS REISSUED: 08/13/09 ISSUED: 03/05/09 PAGE 3 OF '3 O,P.R,W.C. SURVEYED BY: MCGRAY cSc MoGRAY LAND SURVEYORS, INC. 3301 HANCOCI< DRIVE /16 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO.: 08-112 EXHIBIT Page 1 of 6 Public Utility Easement and Slope Easement April 08, 2009 PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 6) DESCRIPTION OF 0.6898 OF ONE ACRE (30,047 SQUARE FEET) OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167 ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.6898 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract, same being in the east line of said Chisholm Trail Developers tract and the existing west right-of-way (ROW) line of Chisholm Trail and the west line of that tract described as 1.273 of one acre for ROW in a deed to the City of Round Rock, of record in Document Number 2003093096, Official Public Records, Williamson County, Texas, from which a 1/2" iron rod found at an angle point in the east line of said Chisholm Trail Developers tract and the existing west ROW line of Chisholm Trail bears N15°00'27'W 249.48 feet; THENCE, with the east line of this tract and said Chisholm Trail Developers tract and the existing west ROW line of Chisholm Trail and the west line of said 1.273 acre City of Round Rock tract, the following two (2) courses, numbered 1 and 2; 1) S15°00'27"E 748.84 feet to a 1/2" iron rod set with a plastic cap; and 2) S14°44'18"E 755.33 feet to a 1/2" iron rod found at the southeast corner of this tract and said Chisholm Trail Developers tract, same being in the north line of that tract described as 7.12 acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph Peterson, of record in Volume 768, Page 589, Deed Records, Williamson County, Texas, from which a 5/8" iron pipe found at the southeast corner of said 1.273 acre City of Round Rock tract and the northeast corner of said Caldwell, Olson, Peterson tract bears N85°31'55"E 15.23 feet; THENCE, with the south line of this tract and said Chisholm Trail Developers tract and the north line of said Caldwell, Olson, Peterson tract, S85°17'20"W 20.31 feet to a 1/2" iron rod set with a plastic cap at the southwest corner of this tract; THENCE, with the west line of this tract, crossing said Chisholm Trail Developers tract, the following two (2) courses, numbered 4 and 5; 3) N14°44'18"W 751.75 feet to a 1/2" iron rod set with a plastic cap; and EXHIBIT Page 2 of 6 Public Utility Easement and Slope Easement April 08, 2009 4} N15°00'32"W 748.79 feet to a 1/2" iron rod set with a plastic cap at the northwest corner of this tract; THENCE, with the north line of this tract, crossing said Chisholm Trail Developers tract, N74°59'28'E 20.00 feet to the POINT OF BEGINNING and containing 0.6898 of one acre (30,047 square feet) within these metes and bounds, more or less. 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 1.00012. STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Chris Conrad, 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 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 8`1' day of April, 2009 A.D. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive, uite 6 Austin, Texas 78731 (512) 4518591 IS V<„ �- 5623 F Hi s s��,:,..0 Chris Conrad, Reg. Professional Land Surveyor No. 5623 uRa�-� Note: There is a plat to accompany this description. (CTDV PSMT6) Issued 3/5/09; Revised 4/8/09 r SK''4CH TO ACCOMPANY DESCRIPTION OF 0.E._48 AC. OR 30,047 SQ. FT. OF L .. 4D OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS o n • P.O.B. ¢a o� o • O?3o O ofd i • :oo ��n • d74 • • rA• • DAVID CURRY SURVEY ABSTRACT NO. 130 PART 6 0.6898 AC. 30,047 SQ.FT. CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (83.167 AC.) • 01 o o Is, ' • Ni � fn '. LINE TABLE LINE BEARING LENGTH L1 S85°17'20'W 20.31 L2 N74'59'28'E 20,00 L3 N85'31'55'E 15.23 MATCH PAGE 4OF' 6 M:\SDSKPROACHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT9_REV1.DWG RE: CITY OF ROUND ROCK SCALE 1" = 60' CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2006078336 0.P.R.W.C. (5.00 AC. SAVE AND EXCEPT 0.175 AC.) o 1/2" IRON ROD FOUND O IRON PIPE FOUND (SIZE NOTED) O 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" P.O.B. POINT OF BEGINNING D.R.W.C. DEED RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS REVISED: 04/08/09 ISSUE©: 03/05/09 PAGE 3 OF 6 SURVEYED BY: MCGRAY & MCGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO.: 08-112 MATCH PAGE 3 OF 6 SCALE 1" = 60' 9 SK—CH TO ACCOMPANY DESCRIPTION OF 0.L�8 AC. OR 30,047 SQ. FT. OF LAI) OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS ‘72.•. wco: cs • •no -ftilift▪ • �� • a• -voce lift: • (1' .•. •P;Z • j_n • 0 9 ‘43, -23 lia cI r•r` 73N0 o m... o x. , .,:i .-* 7,„0:6 .... 7▪ 3 VI IP PART 6 0.6898 AC. 30,047 SQ.FT. CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 O.P.R.W.C. (83.167 AC.) DAVID CURRY SURVEY ABSTRACT NO. 130 / 0 N •, • CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2006078336 0.P.R.W.C. (5.00 AC. SAVE AND EXCEPT 0.175 AC.) a ,c /.. / / • j•' RE: CITY OF ROUND ROCK /i / 13,.( �h6 / / 1, 9 ,, • // / app.. p• \ / / . / .; ;• o% y / apv o / / <- " // / / / / /\ / ROAD R.O.W. UTILITY AND DRAINAGE EASEMENT EXHIBIT "A" VOL. 1322, PG. 207 z••• CHISHOLM PARKWAY ••/ x (80' R.O.W.) VOL. 1322, PG. 207 On j0 91 O.R.W.C. N;.aO/ ► �. {l • o '• SMO . ▪ CD 13 • / r MATCH PAGE / ./ 5OF6 /. M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTV_ESMT9....RI:VI ,DWG /' / • / CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 O.P.R.W.C. (63.777 AC.) !LEGEND o 1/2" IRON ROD FOUND O IRON PIPE FOUND (SIZE NOTED) O 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" P.O.B. POINT OF BEGINNING D.R.W.C. DEED RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS REVISED: 04/08/09 ISSUED: 03/05/09 PAGE 4 OF 6 SURVEYED 8Y: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO.: 08-112 / SK""'CH TO ACCOMPANY DESCRIPTION OF 0.6....d8 AC. OR 30,047 SQ. FT. OF OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS .._..��1.�—..,..._..� ---- MATCH PAGE ---/ — ..._ ...� .. _ .. _ .. _ . ` . _ . . 40F6 0 o / • / CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (83.167 AC.) PART 6 0.6898 AC. 30,047 SQ.FT. DAVID CURRY SURVEY ABSTRACT NO. 130 MATCH PAGE 6 OF 6 LEGEND o 1/2" IRON ROD FOUND O IRON PIPE FOUND (SIZE NOTED) O 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" P.O.B. POINT OF BEGINNING D.R.W.C. DEED RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS 111 Sik II til ‘11 111 ra "111A x• �� jr ifiw‘,...4 _ ot 0▪ 1.1 M:\SDSKPROACHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT9_REV1.DWG n . N • s' M• • u • • RE: CITY OF ROUND ROCK SCALE 1" = 60' CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (63.777 AC.) SURVEYED BY: • REVISED: 04/08/09 ISSUED: 03/05/09 PAGE 5 OF 6 McGRAY & McGRAY LAND SURVEYORS. INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO.: 08-112 SK'"TCH TO ACCOMPANY DESCRIPTION OF' 0.LJ8 AC. OR 30,047 SQ. FT. OF L..;D OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS MATCH PAGE •-• •••—•.—• 5oF6 SCALE 1" = 60' PART 6 0.6898 AC. 30,047 SQ.FT. CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (83.167 AC.) DAVID CURRY SURVEY ABSTRACT NO. 130 LINE TABLE LINE BEARING LENGTH Li S85'17'20'W 20.31 LE N74°59'28`! 20.00 L3 N85'31'55'E 15.23 RE: CITY OF ROUND ROCK CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (63.777 AC.) • BARBARA LOU CALDWELL, NANCY ANN OLSON, AND GARY RALPH PETERSON VOL. 768, PG. 589 D.R.W.C. (7.12 AC.) (S86.39'56"W 377.761) — — __ (N87'20'E 135.97 vrs.) 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. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL MONUMENTS, "RRO1-002", A AXED CONTROL POINT HAVING COORDINATE VALUES OF N-10156747.30, E=3128487.39, AND "RR01--007", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10165784.07, E-'3126054.61. HAVING A GRID BEARING OF N1504'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS 1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES. 2. THIS SURVEY WAS PERFORMED WITHOUT TH§-kNEFIT OF AN OWNERSHIP AND EASEMENT REPORT. Colq- OW) H1 .,. 620 O SUR,e•;>•-- 04/08/09 CHRIS CONRAD, REG. PROF. LAND SURVEYOR' NO. 5623 DATE Note: This copy of this plat is not valid unless on original signature through an original seal appears on its face. There is a description to accompany this plat. M:\SBSKPROACHISHOLM-RTG\DWG\PARCELS\CTOV_ESMT9...,,REV 1.DWG N U 0 '700 0 ovLOa vx • 5/8,> • LEGEND O 1/2" IRON ROD FOUND O IRON PIPE FOUND (SIZE NOTED) O 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" P. 0.8. POINT OF BEGINNING D.R.W.C. DEED RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS SURVEYED BY: REVISED: 04/08 09 ISSUED: 03/05/09 PAGE 6 OF 6 1 McGRAY & McGRAY LAND SURVEYORS. INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451--8591 JOB NO.: 08-112 EXHIBIT Page 1 of 6 Construction Easement April 08, 2009 PROPERTY DESCRIPTION FOR PARCEL 19-E (PART 7) DESCRIPTION OF 0.2138 OF ONE ACRE (9,315 SQUARE FEET) OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 83.167 ACRES IN A DEED TO CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., OF RECORD IN DOCUMENT NUMBER 2003114923, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.2138 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract, same being in the east line of said Chisholm Trail Developers tract and the existing west right-of-way (ROW) line of Chisholm Trail and the west line of that tract described as 1.273 of one acre for ROW in a deed to the City of Round Rock, of record in Document Number 2003093096, Official Public Records, Williamson County, Texas, from which a 1/2" iron rod found at an angle point in the east line of said Chisholm Trail Developers tract and the existing west ROW line of Chisholm Trail bears N00°24'58'W 890.72 feet; THENCE, with the east line of this tract and said Chisholm Trail. Developers tract and the existing west ROW line of Chisholm Trail and the west line of said 1.273 acre City of Round Rock tract, the following four (4) courses, numbered 1 and 4; 1) S00°24'58"E 350.24 feet to a 1/2" iron rod found; 2) SOO°41'37"E 1,000.65 feet to a 1/2" iron rod found; 3) with a curve to the left whose intersection angle is 14°18'42", radius is 1,045.00 feet, an arc distance of 261.03 feet, the chord of which bears S07°50'58"E 260.35 feet to a 1/2" iron rod found; and 4) S15°00'27"E 249.48 feet to a 1/2" iron rod set with a plastic cap at the southeast corner of this, tract from which a 1/2" iron rod found at the southeast corner of said Chisholm Trail Developers tract, same being in the north line of that tract described as 7.12 acres in a deed to Barbara Lou Caldwell, Nancy Ann Olson, and Gary Ralph Peterson, of record in Volurne 768, Page 589, Deed Records, Williamson County, Texas bears S15°00'27"E 748.84 feet and S14°44'18"E 755.33 feet; 5) THENCE, with the south line of this tract crossing said Chisholm Trail Developers tract, S74°59'2$" W 5.00 feet to a 1/2" iron rod set with a plastic cap at the southwest corner of this tract; EXHIBIT Page 2 of 6 Construction Easement April 08, 2009 THENCE, with the west line of this tract, continuing across said Chisholm Trail Developers tract, the following four (4) courses, numbered 6 and 9; 6) N15°00'27"W 249.49 feet, to a 1/2" iron rod set with a plastic cap; 7) with a curve to the right whose intersection angle is 14°18'43", radius is 1,050.00 feet, an arc distance of 262.28 feet, the chord of which bears N07°50'58"W 261.60 feet to a 1/2" iron rod found; 8) N04°41'37"W 1,000.66 feet, to a 1/2" iron rod set with a plastic cap; and 9) N00°24'58"W 350.25 feet to a 1/2" iron rod set with a plastic cap at the northwest corner of this tract; 10) THENCE, with the north line of this tract, crossing said Chisholm Trail Developers tract, N74°59'28'E 5.00 feet to the POINT OF BEGINNING and containing 0.2138 of one acre (9,315 square feet) within these metes and bounds, more or less. 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 1.00012. STATE OF TEXAS § § COUNTY OF TRAVIS § That 1, Chris Conrad, 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 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 8111 day of April, 2009 A.D. KNOW ALL MEN BY THESE PRESENTS: SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512) 451-8591 Chris Conrad, Reg. Professional Land Surveyor No. 5623 Note: There is a plat to accompany this description. (CTDV_ESMT7) Issued 3/05/09; Revised 4/8/09 SCALE 1" = 100' SK CH TO ACCOMPANY DESCRIPTION OF O.... O...,38 AC. OR 9,315 SQ. FT. OF Lk..J OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS DAVID CURRY F SURVEY k ABSTRACT NO. / 30 PART 7 0.2138 AC. 9,315 SQ.FT. L1 z: 0. • O� '• : aP Z m'D P:PnWz -.1. $ : P.O.B. : ▪ g O a e • m ▪ M �� oi0 4* Co 0▪ 1 h 0) • rn 0) 0 CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (83.167 AC.) V: 8 °).."'•1 0 P u V m w f g 0o z r» 0 4j 'CHISHOLM TRAIL HOTEL CENTRE /Q.o--- CAB. Q, SL. 114 ra y 11-.....-p. • 1 P.R.W.C. ‘1. v; ! AABTEL INCORPORATED ll i e�� • c • DOC. 2001025964 .......9.-54..-48 g 3 I LOT 1 O.P.R.W C.- ' ,5 ,- ate • BLOCK A . / / /tg69. 1 • / �.• o,I ,56g \\. RE: CITY OF ROUND ROCK 1. 's,.' \ \ \• \ \ \�\.�•��� \1. AMENDING PLAT OF LOT 2 & 3 CHISHOLM TRAIL HOTEL CENTRE CAB. R, SL. 165 P.R.W.C. Ii \ \\rN ROUND ROCK • \ 1 oN HOSPITAUTY, L.P. \ \� DOC, 9830791 • V.N, O.R.W.C. \ \\ w. 0 41 rI LOT 4 BLOCK A t, LOT 3 BLOCK A W2007 EQUITY INNS REALTY, L.P. DOC. 2007102875 0.P.R.W.C. CHISHOLM TRAIL •\1\. HOTEL CENTRE CAB. Q, SL. 114 P.R.W.C. r A \ r r r5sy�1 �� 11p 3f1��i]u�y1i 52 \`� / a us $11/ / \\. MATCH PAGE 4 OF 6 M:\SDSKPROJVHISHOLM-RTG\DWG\PARCELS\CTDV_ESMT8...REV1.DWG l / / a' /.yj / • 5411'/ DIANA HALL, ET AL. DOC. 9917891 O.R.W.C. (6.99 AC.) LINE TABLE LINE BEARING LENGTH Li N89'35'02'E 5.00 L2 N74.59'28'E 5.00 LEGEND ® 1/2" IRON ROD FOUND 0 P.O.B. D.R.W.C. O.R.W.C. 0.P.R.W.C. P.R.W.C. 1/2" IRON ROD SET W1TH PLASTIC CAP "MCGRAY MCGRAY" POINT OF BEGINNING DEED RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS REVISED: 04/08/09 ISSUED: 03/05/09 PAGE 3 OF 6 SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO,: 08-112 SCALE 1 " = 100' DAVID CURRY SURVEY ABSTRACT NO. 130 PART 7 0.2138 AC. 9,315 SQ.FT. SKr 'H TO ACCOMPANY DESCRIPTION OF 0.'4.38 AC. OR 9,31 SQ. FT. OF LAN - OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS 1 CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (83.167 AC.) .99'0001. M „L£, Lir.00N ,S9-0001 3.4£, W.00S • • MATCH PAGE 3 OF 6 M:\SDSKPROJ\CH ISHOLM -RIG \DWG\PARCELS\CTDV_ESMTB_REV1.DWG i DIANA HALL, ET AL. DOC. 9917891 O.R.W.C. (6.99 AC.) 0511 -- ts1.�g, ...-- "----0, A S 110 MATCH PAGE 5 OF 6 RE: CITY OF ROUND ROCK CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (63.777 AC.) LEGEND • 1/2" IRON ROD FOUND O 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" P.O.B. POINT OF BEGINNING D.R.W.C. DEED RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C. PLAT RECORDS WILLIAMSON COUNTY, TEXAS REVISED: 04/08/09 ISSUED: 03/05/09 PAGE 4 OF 6 SURVEYED BY: 7 , MCGRAY & McGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO.: 08-112 iii •.P•06.4.......mi. SCALE 1" = 100' SKF" `H TO ACCOMPANY DESCRIPTION OF 0,2 ,„$ AC. OR 9,315 SQ. FT. OF LAIN, OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS z 0 DAVID CURRY 44 SURVEY ABSTRACT NO. 130 PART 7 0.2138 AC. 9,315 SQ.FT. O m CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (83.167 AC.) • • • • • • • • • • • • • • • • • • • • • MATCH PAGE 4 OF 6 RE: CITY OF ROUND ROCK CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 0.P.R.W.C. (63.777 AC.) CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT BEARING CHORD C1 C2 261.03 262.28 1045.00 1050.00 14'18'42” 14'18'43" 131.20 131.83 S07'50'58"E N07'50'58"W 260.35 261.60 130 . • Vpot tutilz • ▪ ✓ Oq.C�•• M:\SDSKPROACHISHOLM-RTG\DWG\PARCELS\CMV_ESMTELREV1.DWG MATCH PAGE 6 OF 6 LEGEND ® 1/2" IRON ROD FOUND 0 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" P.O.B. POINT OF BEGINNING D.R.W.C. DEED RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS REVISED: 04/08/09 ISSUED: 03/05/09 PAGE 5 OF 6 O.R.W.C. 0.P.R.W.C. P.R.W.C. SURVEYED BY: McGRAY Sc McGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO.: 08-112 SKF" 'H TO ACCOMPANY DESCRIPTION OF' 0.2,,J8 AC. OR 9,315 SQ. FT. OF LAL OUT OF THE DAVID CURRY SURVEY ROUND ROCK, WILLIAMSON COUNTY, TEXAS SCALE 1" = 100' DAVID CURRY SURVEY ABSTRACT NO. 130 MATCH PAGE 5 OF 6 CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 O.P.R.W.C. (63.777 AC.) PART 7 0.2138 AC. 9,315 SQ.FT. CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2003114923 O.P.R.W.C. (83.167 AC.) LINE TABLE LINE BEARING LENGTH L1 N89'35'02'E 5.00 L2 N74'59'28'E 5.00 BARBARA LOU CALDWELL, NANCY ANN OLSON, AND GARY RALPH PETERSON VOL. 768, PG. 589 D.R.W.C. (7.12 AC.) 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. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL MONUMENTS, "RR01--002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10156747,30, E=3128487.39. AND "RRO 1-007", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS 1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BEN ETAZE OWNERSHIP AND EASEMENT REPORT. U_ _77L • 9SN A 1-413 623 04/08/09 CHRIS CO RAD, 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:\SDSKPROACHISHOLM—RTG\DWG\PARCELS\CTDV_ESMT8_REV1.DWG RE: CITY OF ROUND ROCK I`S7''�• C 494.691 CHISHOLM TRAIL DEVELOPERS VENTURE, LTD. DOC. 2006078336 O.P.R.W.C. (5.00 AC. SAVE AND EXCEPT 0.175 AC.) 30' T. P. & L. EASEMENT VOL. 239, PG. 66 D.R.W.C. ANO T. P. & L. AND S.W.B.T. EASEMENT VOL. 564, PG. 483 D.R.W.C. AND T. P. & L. EASEMENT VOL. 233, PG. 446 D.R.W.C. LEGEND • 1/2" IRON ROD FOUND o 1/2" IRON ROD SET WITH PLASTIC CAP "MCGRAY MCGRAY" P.O.B. POINT OF BEGINNING D.R.W.C. DEED RECORDS WLLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS REVISED: 04/08/09 ISSUED: 03/05/09 PAGE 6 OF 6 O.R.W.C. 0.P.R.W.C. P.R.W.C. SURVEYED BY: 1 McGRAY & McGRAY LAND SURVEYORS, INC. 3301 HANCOCK DRIVE #6 AUSTIN, TEXAS 78731 (512) 451-8591 JOB NO.: 08-112 FILED AND RECORDED OFFICIRL PUBLIC RECORDS 2010047330 ETRIA-ky, 07/19/2010 12:03 PM JNETHERBY $92.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS GLy of -eocsi_vd as o L n -,01 ,c -t s+- 1�.,."c� R -00c- ,Tx 7wacfq ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY, Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing Possession and Use Agreement with Chisholm Trail Developers Venture, Ltd for the Chisholm Trail Project (Parcel 19E, Part 1, Part 6, Part 7). July 16, 2010 Department: Legal Project Manager: Don Childs Item Summary: This is a request for execution of a Possession and Use Agreement with Chisholm Trail Developers Venture, Ltd necessary for the Chisholm Trail Road Project (Parcel 19E, Part 1, Part 6, Part 7). The PUA will allow the relocation of utilities to begin prior to final negotiation of the remaining right of way parcels and engineering design issues with Chisholm Trail Developers (David Bodenman). The compensation amount for the PUA is +-10% of the current appraised value for these parcels. Strategic Plan Relevance: 26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master Transportation Plan. Cost: $50,000 Source of Funds: 2002 General Obligation Bonds REV. 6/10/10 00197252.DOC