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CM-13-12-268ROUND ROCK, TEXAS nmw swk rromenm City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Water Line Easement with Nelson Homestead Family Partnership, Ltd. for two tracts of land containing approximately 1.02 acres and 2.130 acres. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/13/2013 Dept Director: Brad Wiseman, Planning and Development Services Director Cost: $10.00 Indexes: Attachments: Nelson_Homestead_Waterline_Easement.pdf Department: Planning and Development Services Department Text of Legislative File CM -13-12-268 City of Round Rock Page 1 Printed on 12/19/2013 WATER LINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership ("GRANTOR"), for and in consideration of the payment of TEN and NO/100 ($10.00) DOLLARS and other good and valuable consideration in hand paid to GRANTOR by the CITY OF ROUND ROCK, TEXAS, a home rule municipal corporation situated in the County of Williamson, State of Texas ("GRANTEE"), the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto Grantee a perpetual easement to construct, install, operate, maintain, inspect, enlarge, reconstruct, rebuild, relocate and remove a water distribution system and water lines, together with all necessary related lines, pipes, conduits, valves, vaults, manholes, ventilators, and other necessary equipment, improvements and appurtenances related thereto, in, upon, over, under, and across the following described property (the "Property" or "easement area" or "easement"), to -wit: Two (2) tracts of land containing (respectively) approximately 1.02 acres and 2.130 acres, more or less, as described on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. All lines, pipes, vaults, conduits and other facilities installed pursuant to this easement shall be placed and maintained underground, except that valves, manholes, ventilators and other equipment and appurtenances related thereto may be placed and maintained above -ground as necessary or desirable. This grant is hereby made by Grantor and accepted by Grantee without warranty, either express, implied or statutory. Grantor specifically excludes all warranties that might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successor). This conveyance is made and accepted subject to any and all conditions, restrictions, covenants, ordinances, easements, and other title matters, if any, relating to the hereinabove described property that are: (i) of record in Williamson County, Texas, and/or (ii) discoverable by an on the ground survey of the Property, together with rights of lessees under the unrecorded grazing lease entered into as of September 1, 2012 between Nelson Homestead Family Partnership, Ltd., and James A. Davidson, Jr. (AKA Buster Davidson) and Dennis L. Davidson DBA Davidson Brothers. The terms, provisions and obligations hereof shall be covenants running with the land affected hereby and shall inure to the benefit of and be binding upon (W0602723.21 1 CIA-3—tko$ Grantor and Grantee and their respective heirs, executors, administrators, successors, and assigns. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to Grantor in the event the water line and related systems are abandoned, or shall cease to be used, for a period of five (5) consecutive years. Except as otherwise provided herein, Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the waterline. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days. in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with the rights conveyed to Grantee herein; (b) upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right of construction, maintaining and using such roads on and across Grantor's property as Grantee may deem necessary in the exercise of the right of ingress and egress; (W0602723.2 } 2 (c) the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (d) upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (g) upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement area; (b) Grantee shall promptly backfill any trench made by it on the easement area and repair any damage it shall do to Grantor's property; (c) Grantee shall, to the extent allowed by law, indemnify and hold harmless Grantor and its heirs, executors, administrators, partners, successors and assigns from and against all liability, damages, suits, actions, lien claims, costs and expenses of whatsoever nature (including reasonable attorney's fees) to persons or property caused by or arising out of any of Grantee's operations or activities hereunder, including those of Grantee's agents and contractors. Grantor, for itself and Grantor's heirs, executors, administrators, successors and assigns, also excepts from the grant and retains and reserves the right to fully use and enjoy the Property for any and all purposes which do not unduly interfere with and prevent the use by Grantee of the easement as provided herein, including, without limitation, the rights to: (i) farm, graze livestock, (W0602723.2 } 3 and construct, install, maintain and utilize fences, terraces, and other related facilities for farming and grazing in, upon, over, under, and across the Property, (ii) construct, install, maintain and utilize private streets, roads, driveways, alleys, walks, lawns, parking areas and other like uses in, upon, over and across the Property, (iii) construct, install, maintain and utilize utility lines, facilities and related equipment, improvements and appurtenances in, upon, over, under, and across the Property and (iv) construct, install, maintain and utilize unimproved, non -structured (such as culverts and inlets) drainage ditches, channels and facilities in, upon, over, under, and across the Property. It is understood and agreed that construction, maintenance, and use of roads and driveways for any use, as well as unimproved, non -structured (such as culverts and inlets) drainage ditches, channels and facilities, in, upon, over, under, and across the Property is a reasonable use thereof and shall not be considered to interfere with or prevent the use of such easement. Except as otherwise permitted herein, Grantor shall not erect or construct on the easement area any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well or septic system, or construct any reservoir or other obstruction on the easement area, or diminish or substantially add to the amount of soil covering the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before constructing any improvements which are otherwise prohibited hereunder (other than replacement of improvements existing on the date hereof), at least ten (10) days written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement area, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any such improvements within the easement area. In addition, Grantor, for itself and Grantor's heirs, executors, administrators, successors and assigns, excepts from the grant and retains and reserves the right to fully use and enjoy the Property for purposes of maintaining and utilizing any facilities and related equipment, improvements and appurtenances in place in, upon, over, under, and across the Property as of the date hereof. Grantor reserves the right to convey similar rights and privileges, in, upon, over, under, and across the Property, to such other persons and at such other times as Grantor may so desire, provided that such additional rights and privileges granted shall be exercised in a reasonable manner so as not to materially interfere with the rights of Grantee herein. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee unless same are abandoned, or shall cease to be used, for a period of five (5) consecutive years. Notwithstanding the foregoing, this instrument does not grant to Grantee the right to store equipment or other personal property not in use on the Property. Grantor has executed and delivered this agreement, and Grantee has received and accepted this agreement and the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY REVOKE, RELEASE, NEGATE AND EXCLUDE ALL (W0602723.2} 4 REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (I) THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO FITNESS FOR A PARTICULAR USE OR PURPOSE; (II) THE SOIL CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE PROPERTY OR WHICH AFFECT THE PROPERTY; (III) ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL, OR OTHERWISE; (IV) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION, OR AMOUNT OF THE PROPERTY; (V) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY; (VI) ANY ENVIRONMENTAL, GEOLOGICAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND (VII) ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTOR WHATSOEVER. [Signature page to follow] { W0602723.2 } 5 IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of , 2013. GRANTOR: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas Limited Partnership By: NELSON HOMESTEAD MANAGEMENT, LLC, a Texas limited liability company (its general partner) By: John C. Nelson, Manager GRANTEE: CITY OF ROUND ROCK, TEXAS By: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared John C. Nelson, Manager of Nelson Homestead Management, LLC, the general partner of Nelson Homestead Family Partnership, Ltd., known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that he executed said instrument. GIVEN under my hand and seal of office on this day of , 2013. Notary Public, State of Texas (W0602723.2) 6 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OFUU l EFORE , t e undersigned authority, on this day personally appeared (i� IL of the City of Round Rock, known to me to be the persons whose name is subscribed to foregoing instrument, and acknowledged to me that he executed said instrument. Jaz 1 GIVEN under my hand and seal of office on this day of N -0 4,--L-4/, 2013. y,", MONIQUE ADAMS s*• • 1. MY COMMISSION EXPIRES la" September 18, 2015 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 Notary Public State of Texas (W0602723.2) 7 EXHIBIT "A" THE WATER LINE EASEMENT TRACTS 1.102 ACRES CITY OF ROUND ROCK NELSON' NEST EASEMENT EXHIBIT PROPERTY DESCRIPTION Page 1 of 4 NOVEMBER 8. 2013 DESCRIPTION OF A 1.102 ACRE (48.012 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY. ABSTRACT NO. 427. AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255. IN WILLIAMSON COUNTY, TEXAS, SAID 1.102 ACRES BEING A PORTION OF THE REMAINDER OF A CALLED 111.30 ACRE TRACT CONVEYED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. REFERENCED IN DOCUMENT NO. 9824078 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS AND DESCRIBED AS TRACT NO. TWO IN INSTRUMENT RECORDED IN VOLUME 420, PAGE 145 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 1.102 ACRE (48,012 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod with plastic surveyors cap (Capital) found for the easterly point of cutback with FM 1460 and in the southerly Right -of -Way of University Boulevard (Chandler Road) as said Right -of -Way was conveyed to Williamson County. Texas as Tract II (8.1021 Acres) by instrument recorded in Document No. 2003002312 of the Official Public Records of Williamson County, Texas, same being an angle point in the northerly line of a called 0.548 acre Waterline Easement conveyed to City of Round Rock, Texas by instrument recorded in Document No. 2004055078 of the Official Public Records of Williamson County, Texas. also being an angle point in the northerly boundary line of said remainder of 111.30 acre tract south of said University Boulevard (Chandler Road); THENCE, with common line between said southerly Right -of -Way of University Boulevard (Chandler Road), the northerly line of said 0.548 acre easement tract, and the northerly boundary line of said remainder of 111.30 acre tract south of University Boulevard (Chandler Road), N 80°58'27" E, for a distance of 50.00 feet to the calculated POINT OF BEGINNING and the northwesterly corner of the herein described tract: THENCE, departing said 0.548 acre easement tract, with the common line between said southerly Right -of -Way of University Boulevard (Chandler Road) and the northerly boundary line of said remainder of 111.30 acre tract south of University Boulevard (Chandler Road). the following (4) four courses: 1) N 80°58'27" E, for a distance of 486.47 feet to a 1/2 inch iron rod with plastic surveyors cap (Capital) found for an angle point; 2) N 68°13'47" E, for a distance of 167.71 feet to a 1/2 inch iron rod with plastic surveyors cap (Capital) found for a Point of Non -Tangency of a curve to the left: 3) along said curve to the left, having a delta angle of 11°12'26". a radius of 3563.00 feet, an arc distance of 696.93 feet and a chord which bears N 75°22'14" E, for a distance of 695.82 feet to a 1/2 inch iron rod with plastic surveyors cap (Capital) found for a Point of Tangency; 4j N 69°46'01" E, at a distance of 182.89 feet. pass a 1/2 inch iron rod with plastic surveyors cap (Capital) found for the northwesterly corner of a called 0.1069 acre (Exhibit 'B') Drainage Easement conveyed to Williamson County, Texas by instrument recorded in Document No. 2003056376 of the Official Public Records of Williamson County, Texas. and continuing for a total distance of 243.83 feet to the calculated northeasterly comer of the herein described tract in the westerly boundary line of a called 19.9353 acre tract (Tract I) for Right -of -Way of University Boulevard (Chandler Road) as said Right -of -Way was conveyed to Williamson County, Texas by instrument recorded in Document No. 2003002124 of the Official Public Records of Williamson County, Texas, same being the northeasterly comer of the said 0.1069 acre Drainage Easement tract. also being the northeasterly corner of said remainder of 111.30 acre tract south of said University Boulevard (Chandler Road); 5) THENCE, departing said common line with the easterly boundary line of said remainder of 111.30 acre tract south of University Boulevard (Chandler Road), same being the easterly line of said 0.1069 acre Drainage Easement tract, also being the westerly boundary line of said 19.9353 acre Right -of -Way tract, S 30°00'56" E for a distance of 30.44 feet to the calculated southeasterly corner of said herein described tract, and from which the calculated common southeasterly corner of said 0.1069 acre Drainage Easement tract and the southwesterly corner of said 19.9353 acre Right -of -Way Tract bears S 30'00'56' E at a distance of 45.49 feet: {W0602723.2} A- I 1.102 ACRES CITY OF ROUND ROCK NELSON WEST EASEMENT Page 2 of 4 NOVEMBER 8, 2013 THENCE, departing said easterly boundary line of remainder of 111.30 acre tract south of University Boulevard (Chandler Road), same being the easterly line of said 0.1069 acre Drainage Easement tract. also being the westerly boundary line of said 19.9353 acre Right -of -Way tract, through the said remainder of 111.30 acre tract south of University Boulevard (Chandler Road). the following (4) four courses: 6) S 69°46'01" W at a distance of 58.08 feet. pass westerly line of said 0.1069 acre Drainage Easement tract, from which a 1/2 inch iron rod with plastic surveyors cap (Capital) found for the southwesterly comer of said 0.1069 acre Drainage Easement tract bears S 35°14'01' E at a distance of 60.33 feet, and continuing for a total distance of 249.00 feet to a calculated Point of Curvature of a curve to the right; 7) along said curve to the right, having a delta angle of 11°0913", a radius of 3593.00 feet, an arc distance of 699.44 feet and a chord which bears S 75°20'38" W, for a distance of 698.34 feet to a calculated Point of Non -Tangency; 8) S 6813'47" W, for a distance of 167.72 feet to a calculated angle point; 9) S 80°58'27" W for a distance of 489.82 feet to the calculated southwesterly corner of the herein described tract, same being in the easterly line of said 0.548 acre Waterline Easement, from which the calculated most northerly southeasterly comer of said 0.548 acre Waterline Easement bears S 09°01'33' E at a distance of 5.00 feet: 10) THENCE, N 09°01'33" W for a distance of 30.00 feel to the POINT OF BEGINNING, containing 1.102 acres (48,012 square feet) of land, more or less; NOTE: This easement is accompanied by a 20' wide temporary construction easement being coincident with, parallel, and southerly of the above described courses 6 thru 9 and also a 15' wide temporary construction easement being a continuation westerly of the 20' wide temporary construction easement and being coincident with, parallel and easterly and southerly of said 0.548 acre Waterline Easement (see Survey Plat) This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System. Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock. Williamson County, Texas. gLAA IT4t'U'Lit'a 0/3 M. Stepfien Tru ' Date Registered Professional Land Surveyor No. 4399 Licensed State Land Surveyor fs OF i Inland Geodetics, LLC friv....*.S� sTFq �-Firm Registration No: 100591-00 e `�o ° 1504 Chisholm Trail Road. Suite 103 .-..........a I M. STEPHENTBUESDALE Round Rock. TX 78681 l.b................«..« (512)238-1200 ; 1SL9 4633 442' r.. { W0602723.2 } A-2 �¢eKJ 39Vd 33s 3N 111401 vv./ n n 7 7 ,J ^" �� —i -----J.--------------I I 0 CC CC0 0 O 1 2 0 N75.22 14 F co o, ,D N 0 11 m n.tO St(HSI0'.E SJ7VF'f LTF,F. A1.O'/f 9711151%3 1 _ — _ _ - — 09bi 0 1- J 0 - a1 - CC 1-=<LL Q Mw< w Z „n N = F- F-Z0N zQw_O a-coc VI >Q W Z J W LL (W0602723.2) A-3 m w DESCRIPTION a 0 0 in E%ISTING R.OW f 133HS 33s5 3N1 '"3LVW O H J - a d N < • 11 • Q C c 4 L W O Z°N Z 'O oW J} N W Q Z J W (W0602723.21 A-4 2.130 ACRES CITY OF ROUND ROCK NELSON EAST EASEMENT EXHIBIT PROPERTY DESCRIPTION Page 1of5 NOVEMBER 8.2013 DESCRIPTION OF A 2.130 ACRE (92,784 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY. ABSTRACT NO. 427, THE THOMAS GLASSCOCK SURVEY. ABSTRACT NO. 255 AND THE JOHN JUSTICE SURVEY. ABSTRACT NO. 356 IN WILLIAMSON COUNTY, TEXAS. SAID 2.130 ACRES BEING A PORTION OF THE REMAINDER OF A CALLED 1162.08 ACRE TRACT CONVEYED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., REFERENCED IN DOCUMENT NO. 9824078 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS, AND DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 534, PAGE 562 OF THE DEED RECORDS OF WILLIAMSON COUNTY. TEXAS. SAID 2.130 ACRE (92.784 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with plastic surveyors cap (Capital) found for (he southeasterly corner of a called 19.9353 acre tract (Tract 1) for Right -of -Way conveyed to Williamson County, Texas by instrument recorded in Document No. 2003097124 of the Official Public Records of Williamson County, Texas, same being the southwesterly comer of a called 27.5719 acre tract (Tract I) for Right -of -Way conveyed to Williamson County, Texas by instrument recorded in Document No. 2003002312 of the Official Public Records of Williamson County. Texas, also being in the easterly boundary line of a called 300.43 acre tract conveyed to Avery Ranch Company. Ltd. et al. referenced as Parcel Three, Tract 1, in Document No. 2002071336 (see also Doc. No. 9843837) of the Official Public Records of Williamson County, Texas, and described in the Second Tract of the Ninth Tract in instrument recorded in Volume 305, Page 228 of the Deed Records of Williamson County, Texas and the westerly boundary line of said remainder of 1162.08 acre tract, and from which a 1/2 inch iron rod with plastic surveyors cap (Capital) found in said common boundary line in the northerly Right -of -Way of University Boulevard (Chandler Road) bears N 20'48'45' W. at a distance of 200.32 feet; THENCE departing said common boundary line, with said southerly Right -of -Way (27.5719 acre tract} of University Boulevard (Chandler Road), the following (3) three courses: 1) along a curve to the left, having a delta angle of 14°26'50", a radius of 3563.00 feet, an arc distance of 898.42 feet and a chord which bears N 57°35'54" E, for a distance of 896.04 feet to a 1/2 inch iron rod found for a Point of Tangency; 2) N 50°22'29" E, for a distance of 361.36 feet to a 1/2 inch Iron rod found for a Point of Curvature of a curve to the right; 3) along said curve to the right, having a delta angle of 06°46'17", a radius of 3437.00 feet, an arc distance 406.19 feel and a chord which bears N 53°45'37" E, for a distance of 405.95 feet to the calculated northeasterly corner of the herein described tract: THENCE departing said southerly Right -of -Way of University Boulevard (Chandler Road), through said remainder of 1162.08 acre tract, the following (5) five courses: 4) S 34°06'14" E, for a distance of 30.01 feet to a calculated Point of Non -Tangency at the southeasterly corner of the herein described tract; 5) along a curve to the left, having a delta angle of 06'46'56", a radius of 3407.00 feet, an arc distance 403.30 feet and a chord which bears S 53°45'57" W, for a distance of 403.06 feet to a calculated Point of Tangency; 6) S 50°22'29" W, for a distance of 361.36 feet to a calculated Point of Curvature of a curve to the right: 7) along said curve to the right, having a delta angle of 19°23'33", a radius of 3593.00 feet, an arc distance 1216.19 feet and a chord which bears S 60°04'16" W, for a distance of 1210.30 feet to a calculated Point of Tangency: 8) S 69°46'01" W, for a distance of 1171.19 feet to the calculated southwesterly corner of the herein described • tract in the said common boundary line between said 300.43 acre tract and said 1162.08 acre tract; (W0602723.2} A-5 2.130 ACRES CITY OF ROUND ROCK NELSON EAST EASEMENT Page 2of 5 NOVEMBER 8, 2013 9) THENCE, with said common boundary line. N 14°47'43" E, for a distance of 36.64 feet to the calculated northwesterly corner of the herein described tract in said southerly Right -of -Way of University Boulevard (Chandler Road) (19.9353 acre tract), same being the ostensible Survey Line between said Joseph Mott Survey to the north and said Thomas Glasscock Survey to the south, also being an angle point in said common boundary line of said 300.43 acre tract and 1162.08 acre tract; 10) THENCE, with said common boundary line, same being the said ostensible Survey Line passing out of said Glasscock Survey and into the John Justice Survey, Abstract No. 356, also being the said southerly Right - of -Way of University Boulevard (Chandler Road) (19.9353 acre tract), N 69°46'01" E, for a distance of 1150.16 feet to a calculated Point of Curvature; 11) THENCE, departing the said southerly Right -of -Way of University Boulevard (Chandler Road) continuing with said common boundary line, same being said ostensible Survey Line, N 69°46'01" E, for a distance of 307.28 feet to a calculated ell comer in said common boundary line; 12) THENCE, departing said ostensible Survey Line, continuing with said common boundary line, N 20°49'42" W, for a distance of 13.26 feet to the POINT OF BEGINNING, containing 2.130 acres (92,784 square feet) of land, more or less; NOTE: This easement is accompanied by a 20' wide temporary construction easement being coincident with parallel and easterly of the above described course 4 and southerly of the above described courses 5 thru 8 (see Survey Plat) This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System. Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. glA-4 M 011 M. Stepl»sn rue dale V Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 (512) 238-1200 (W0602723.21 A-6 77/t44� t3 ..... ,H°w MHMwNawb �. STEPHEN TRUESDAM.E L „HHHHHHNtH p s 9. 3933 �; 4C sues Date DESCRIPTION u C 0. at.r • too' 133HS 335 3N11H31VIN EXT5TING PO W 0 CC > W J: m . ¢: W`-' 2 7 •3.s . o 3Nl1IS•N715$$y 0 OC •= 266.. 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