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R-13-04-11-F2 - 4/11/2013RESOLUTION NO. R -13-04-11-F2 WHEREAS, the City desires to purchase a waterline easement in, under and across a 1.367 acre tract of land for the City's Regional Water System — Treated Transmission Line Segment 3 Project, and WHEREAS, James Patton Carssow, Frances Lynn Carssow Adams, William Benton Carssow, Jr., Fred Rubin, James Rubin, and K&H Investments, the owners of the Property, have agreed to sell said Property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Easement Contract with James Patton Carssow, Frances Lynn Carssow Adams, William Benton Carssow, Jr., Fred Rubin, James Rubin, and K&H Investments, for the purchase of the above described Property, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11 th day of April, 2013. Im IL-,� ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O:\wdox\SCClnls\0112\ 1304\MUNICIPAL\00270529.DOC/rmc EXHIBIT "A" Segment 3 — Parcel 13 EASEMENT CONTRACT State of Texas County of Williamson THIS EASEMENT CONTRACT ("Contract") is made by and between JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW ADAMS, WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, and K&H INVESTMENTS, Texas general partnership (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interests described as follows: Waterline easement in, under and across a 1.367 acre (59,527 square foot) tract of land situated in the Washington Anderson Survey, Abstract No. 15, in Williamson County, Texas, being a portion of that called 62.25 acre tract of land conveyed to Carssow Family Partnership, Ltd., William Cannon/Brushy Country Limited Partnership and Horizon Center Ltd., by instrument recorded in Document 2006113367 of the Official Public Records of Williamson County, Texas, and whereas Horizon Center, Ltd., conveyed its interest to K&H Investments by instrument recorded in Document No. 2007036400 of the Official Public Records of Williamson County, Texas, and whereas William Cannon/Brushy Country Limited Partnership conveyed its interest to Fred Rubin and James Rubin by instrument recorded in Document No. 2007036401 of the Official Public Records of Williamson County, Texas, and whereas Carssow Family Partnership, Ltd. conveyed its interest to James Patton Carssow, Frances Lynn Carssow Adams and William Benton Carssow, Jr. by instrument recorded in Document No. 2009093893 and in Document No. 2010000720 of the Official Public Records of Williamson County, Texas, and said distribution of interest being further affirmed in Document No. 2010000721 of the Official Public Records of Williamson County, Texas, said 1.367 acre (59,527 square foot) tract of land being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, as well as that temporary construction easement shown in the attached Exhibit "A", said 1.367 acre tract and related temporary construction easement are being referred to, collectively, herein as the "Property" for the consideration and upon and subject to the terms, provisions, and conditions set forth below. 00270078.doc/jmr ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of ONE HUNDRED NINETY THOUSAND SIX HUNDRED FORTY-SEVEN and no/100 Dollars ($190,647.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions, any of which may be waived in whole or in part by Purchaser at or prior to the closing. Preliminary Title Commitment 3.02. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Gracy Title Company ("Title Company") to issue a preliminary title commitment (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Miscellaneous Conditions 3.03. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; (3) The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the office of Gracy Title Company, 2007 Sam Bass Road, Suite 1007, Round Rock, Texas 78681, on or before the 30th day after the effective date of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters, including partial lien releases, subordination agreements, or probate issues, if necessary for items as shown on the Title Commitment (which date is herein referred to as the "Closing Date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Waterline Easement in the form attached hereto as Exhibit "A" in and to all of the Property described herein, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following or as stated in the easement document: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof, and (c) Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's easement interest in the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record;" and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property, unless possession is delivered prior to that time pursuant to any other provision of this contract. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Closinjz Costs 5.04. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Easement, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI MISCELLANEOUS Notice 6.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the addresses below: M If to SELLER: c/o John Akin Akin & Akin LLP 515 Congress Avenue, Suite 2024 Austin, Texas 78701 If to PURCHASER: Steve Norwood, City Manager 221 E. Main Street Round Rock, Texas 78664 and Steve Sheets, City Attorney 309 E. Main Street Round Rock, Texas 78664 Texas Law to Apply 6.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 6.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 6.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 6.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 6.06. Time is of the essence in this Contract. Gender 6.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 6.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 6.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 6.10 This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. Possession and use agreement 6.11 By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a waterline and related facilities thereon, upon full execution of this contract. SELLER: James Patton Carssow Frances Lynn Carssow Adams 6 William Benton Carssow, Jr. James Rubin Fred Rubin K&H Investments, a Texas general partnership Henry B. Mayes, Jr., Partner Kathy Mayes, Partner PURCHASER: CITY OF ROUND ROCK Alan McGraw, Mayor Date: 7 CITY OF ROUND ROCK WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That James Patton Carssow, Frances Lynn Carssow Adams, William Benton Carssow, Jr., Fred Rubin, James Rubin, and K&H Investments, and their successors and assigns (hereinafter referred to collectively as "Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water transmission and distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: Being a 1.367 acre (59,527 square foot) tract of land situated in the Washington Anderson Survey, Abstract No. 15, in Williamson County, Texas, being a portion of that called 62.25 acre tract of land conveyed to Carssow Family Partnership, Ltd., William Cannon/Brushy Country Limited Partnership and Horizon Center Ltd., by instrument recorded in Document 2006113367 of the Official Public Records of Williamson County, Texas, and whereas Horizon Center, Ltd., conveyed its interest to K&H Investments by instrument recorded in Document No. 2007036400 of the Official Public Records of Williamson County, Texas, and whereas William Cannon/Brushy Country Limited Partnership conveyed its interest to Fred Rubin and James Rubin by instrument recorded in Document No. 2007036401 of the Official Public Records of Williamson County, Texas, and whereas Carssow Family Partnership, Ltd. conveyed its interest to James Patton Carssow, Frances Lynn Carssow Adams and William Benton Carssow, Jr. by instrument recorded in Document No. 2009093893 and in Document No. 2010000720 of the Official Public Records of Williamson County, Texas, and said distribution of interest being further affirmed in Document No. 2010000721 of the Official Public Records of Williamson County, Texas, said 1.367 acre (59,527 square foot) tract of land being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyance is made and accepted subject to any and all conditions, covenants, reservations, and easements of record and easements apparent from or on the ground, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. 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 said waterline is abandoned, or shall cease to be used, for a period of five (5) consecutive years. 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. 0026217.docxjmr EXHIBIT A Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of public roads or streets thereon now existing or hereafter to exist, otherwise by such route or routes originating from the public roadway shown to be County Road 175 in Exhibit A; 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 easement, 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 such barricade or other structure 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) 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; (c) the right to grade the easement for the full width thereof to such extent as Grantee may find reasonably necessary; (d) 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; (e) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (f) the right to support the waterlines across ravines and watercourses with such structures as Grantee shall deem necessary. (g) in addition to the permanent easement area granted above, Grantor also grant Grantee a temporary construction easement as shown on Exhibit "A". Such temporary construction easement shall terminate upon completion of construction activities or 30 months from the date of execution of this easement, whichever shall first occur. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private streets, roads, driveways, alleys, walks, gardens, lawns, parking W areas and other similar improvements on the subject property, provided that such private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other similar improvements were constructed with the written consent and approval from Grantee; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by any wrongful or negligent act or omission of Grantee or Grantee's contractors, licensees, invitees, agents or employees in the course of their employment, contract, license or other relationship with Grantee. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement 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 construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the pipelines; provided however, that Grantor may diminish or substantially add to the ground cover over the pipeline if required to do so by law, ordinance, or other regulation, and subject to written consent by Grantee, and such consent shall not be unreasonably withheld. 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, Grantor must first obtain the written consent and approval from Grantee of the construction and location of any improvements within the easement, and such consent shall not be unreasonably withheld. Whenever consent of Grantee is required under this easement for any activity of Grantor, including the conveyance of any easement or other rights, Grantee shall have the right to review any proposed activity within the easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent, 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) Utility Director 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. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above-described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 2013. GRANTOR: James Patton Carssow Frances Lynn Carssow Adams William Benton Carssow, Jr. James Rubin Fred Rubin K&H Investments, a Texas general partnership Al al 0 Henry B. Mayes, Jr., Partner Kathy Mayes, Partner ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by James Patton Carssow, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as in the capacity and for the purposes and consideration therein expressed. Notary Public, State of ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by Frances Lynn Carssow Adams, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same in the capacity and for the purposes and consideration therein expressed. Notary Public, State of ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of 2013, by William Benton Carssow, Jr., known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and consideration therein expressed. Notary Public, State of ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by James Rubin, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and consideration therein expressed. Notary Public, State of ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by Fred Rubin, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and consideration therein expressed. THE STATE OF COUNTY OF Notary Public, State of ACKNOWLEDGMENT 0 This instrument was acknowledged before me on this the day of the month of , 2013, by Henry B. Mayes, Jr., partner of K & H Investments, known by me to be the person whose name is subscribed to the foregoing instrument, 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. Notary Public, State of ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by Kathy Mayes, partner of K & H Investments, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she 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. After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Notary Public, State of 8 PARCEL 13 CARSSOW, ET, AL. COUNTY: WILLIAMSON EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 1.367 ACRE (59,527 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 62.25 ACRE TRACT OF LAND CONVEYED TO CARSSOW FAMILY PARTNERSHIP, LTD, WILLIAM CANNON 1 BRUSHY COUNTRY LIMITED PARTNERSHIP AND HORIZON CENTER, LTD, BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006113367 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND WHEREAS HORIZON CENTER, LTD CONVEYED ITS INTEREST TO K&H INVESTMENTS BY INSTRUMENT RECORDED IN DOCUMENT NO. 2007036400 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND WHEREAS WILLIAM CANNON / BRUSHY COUNTRY LIMITED PARTNERSHIP CONVEYED ITS INTEREST TO FRED RUBIN AND JAMES RUBIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 2007036401 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND WHEREAS CARSSOW FAMILY PARTNERSHIP, LTD CONVEYED ITS INTEREST TO JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW ADAMS AND WILLIAM BENTON CARSSOW, JR. BY INSTRUMENT RECORDED IN DOCUMENT NO, 2009093893 AND IN DOCUMENT NO. 2010000720 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND SAID DISTRIBUTION OF INTEREST BEING FURTHER AFFIRMED IN DOCUMENT NO. 2010000721 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.367 ACRE (59,527 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 6 BEGINNING at an iron rod found with plastic cap stamped "B.A.", in the existing westerly right-of-way line of County Road 175 (right-of-way width varies), same being the southeast corner of the remainder portion of that called 3.18 acre tract of land conveyed to Joe Edgar McCann by instrument recorded in Volume 737, Pg. 158, of the Deed Records of Williamson County, Texas, same being the northeast corner of said 62.25 acre tract, for the northeast corner of the herein described tract, and from which an iron rod found with plastic cap stamped 'B.A." being the northeast corner of said remainder portion of that called 3.18 acre tract, same being the southeast corner of the remainder portion of that called 3.18 acre tract conveyed to Sue McCann Wiseman by instrument recorded in Volume 836, Pg. 853, of the Deed Records of Williamson County, Texas bears, N 20°53'15" W at a distance of 299.74 feet; THENCE, with the existing westerly right-of-way line of said County Road 175, same being the easterly boundary line of said 62.25 acre tract, the following two (2) courses: 1) S 20°27'26" E for a distance of 1264,92 feet to an iron rod found with plastic cap stamped "B.A." for an angle point; 2) S 22°16'59" E for a distance of 704.56 feet to a TxDot Type it Monument found, being a cutback in the existing easterly right-of-way line of said County Road 175 and the existing northerly right-of-way line of F.M. 1431 (right-of-way width varies), same being an angle point in the easterly boundary line of said 62.25 acre tract; PARCEL 33 CARSSOW, ET. AL. COUNTY: WILLIAMSON Page 2 of 6 3) THENCE, with said cutback line, same being said easterly boundary line, S 24°06'40" W for a distance of 41.43 feet to a calculated point, for the most southerly corner of the herein described tract, and from which a TxDot Type II Monument found bears S 24°06'40" W at a distance of 70.46 feet; THENCE, departing said cutback line, and through the interior of said 62.25 acre tract the following two (2) courses: 4) N 22°16'59" W, for a distance of 733.62 feet to a calculated point; 5) N 20°27'26" W for a distance of 1265.39 feet to a calculated point, being in the common boundary line of said 3.18 acre McCann tract and said 62.25 acre tract, for the northwest corner of the herein described tract, and from which a Ya" iron rod found being the southwest corner of said remainder portion 3.18 acre McCann tract bears S 69031'12" W at a distance of 411.44 feet; 6) THENCE, with said common boundary line, N 69031'12" E for a distance of 30.00 feet to the POINT OF BEGINNING, containing 1.367 acre (59,527 square feet) of land, more or less. NOTE: There is also a 50' wide Temporary Construction Easement westerly and parallel of Calls 4 and 5 of the above description, excluding the AT&T Mobility Texas, LLC, 0.0579 acre lease site, as depicted on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No, 4203, NAD 83. This property description is accompanied by a separate plat. That I, Lawrence M. Russo, 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. WITKSS MY HAND AND Sk9:"'8rt`Round Rock, Williamson County, Texas. a I-Ovrence M. Russo A 7— Registered Professional Land Surveyor No. 5050 Inland Geodetics, L.P. ` Firm Reg. No. 100591-00P; AAC)FA 1504 Chisholm Trail Road:;Q� o`:u Suite 103 Ai YYAY,,.•.,1„Ali Ot OIit6Y3,i fA0FNCt M. f?USSi Round Rock, TX 78681 b 5050 512-238-1200P .. at '�'©•.. ...A•� SUE MCCANN WISEMAN e.a. VOL. 836, PG. 853 REMAINDER PORTION 3.18 ACRES �: .5 D.R.W.C.T. - o qAO' pl 03,50 Aro R-,� 10 .7,1'& 7,1'q / 1y66 JOE EDGAR MCCANN VOL. 737, PG. 158 REMAINDER PORTION 3.18 ACRES D.R.W.C.T. A80 DO I S69 356��(l 1N�100�6 EXHIBIT " PLAT TO ACCOMPANY DESCRIPTION C � INLANE:) }i oy 0111 Sf llNt:'! T'0 u� rT N NIS O 1 504 CHISHOLM TRAIL RD. STE. 103 O.P.R. W.C. T. \ --A o u FRED RUBIN Q JAMES RUBIN DOC. 200703640/ m'y 25 0 50 100 Ne KRH INVESTMENTS �\ SCALE 1" = 100' J D.P.R. W. C. T. - A\ P.O.B. N630 00 B.A.-2713 `I"\\\ ,�. � Q JAMES PA rroN CARSSOW, FRANCES L YNN CARSSOW ADAMS Q INLANE:) }i 9 0 "f WILLIAM BENTON CARSSOW, JR. DOC. 20/0000720 A \ �1° o 1 504 CHISHOLM TRAIL RD. STE. 103 O.P.R. W.C. T. \ --A o u FRED RUBIN Q JAMES RUBIN DOC. 200703640/ \ �° \\ A O,P.R, W.C. T. KRH INVESTMENTS \ DOC. 2007036400 D.P.R. W. C. T. w. (62.25 ACRES) DOC. NO. 20/000072/ (TRACT /) LEGEND 17 1/2 ' IRON ROD FOUND W/ ALUMINUM CAP / OO 1/2 ' IRON ROD FOUND W/ PLASTIC CAP t� 1/2 " IRON ROD FOUND UNLESS NOTED J 0 CALCULATED POINT j A 600 NAIL FND UNLESS NOTED P PROPERTY LINE I 1 RECORD INFORMATION ` 0 1 M.0 11 IL 1-1 Y QE-'{{�" ` L P.O.B. POINT OF BEGINNING `) { ;;?'y A<;,r<,=_ I_F a! EXHIBIT " PLAT TO ACCOMPANY DESCRIPTION SEE PAGE 3 MATCHLINE V VYr S ZINC TO \ \ ANfJE:f�SON a�tNVE- \ ABSTRIACE' NO. 15 OO _ o° N� a y N NOo N N 'do o O 00 JAMES PATTON CARSSOW,\ \ � ` o 10 FRANCES L YAW CARSSOW ADAMS 8 \ 61 L70 WILLIAM BENTON CARSSOW, JR. DOC. 20/0000720 \ q° \ y11 v� O.P.R. W. C. T. \ q 0 un L FRED RUBIN Q JAMES RUBIN \ -V� � o J DOC. 200703640/ \ �� i O.P.R. W. C. T. K8H INVESTMENTS \ l DOC. 2007036400 \ i O.P.R. W. C. T. \ DDC. NO. P60%00007225 ES(TRACT Ij \ ` , S.A. LEGEND !` O 1/2 ` IRON ROD FOUND W/ ALUMINUM CAP OO 1/2 ° IRON ROD FOUND W/ PLASTIC CAP w 1/2 ° IRON ROD FOUND UNLESS NOTED A CALCULATED POINT \ j� ♦ 60D NAIL FND UNLESS NOTED /� \ (L' PROPERTY LINE ( I RECORD INFORMATION j \ P.O.B. POINT OF BEGINNING \ P.O.R. P01NT OF REFERENCE PlSL!_IAMSON COUNTY, [ERAS —X— WIRE FENCE 0..017 ACRO \ --�— LINE BREAK DRAINAGE EAS( iF!" \ O.R.W.C.T. WEED RECORDS OF O.F.R N C 'i . WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS B.A. ` O G p NNo Z.G A � My Sg�o p WWo NN 0 0 0 0% y�Ao N q �g�o tp t s� ss' s y�ANZ \ $22°16'59'E al ` 21.29' oZ DETAIL 3d N.T.S. 1.367 ACRES 33 59,527 80. FT. SEE DETAIL t% MATCHLINE SEE PAGE 5 PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, K&H INVESTMENTS SCALE 1° = 100' 1.367 ACRES 59,527 SO. FT, PAGE 4 OF 6 ADAMS, PARCEL 33 COUNTY WILLIAMSON INLAN ID GEODETICS `v PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX IS] 2) 238-1251 B.A. ` O G p NNo Z.G A � My Sg�o p WWo NN 0 0 0 0% y�Ao N q �g�o tp t s� ss' s y�ANZ \ $22°16'59'E al ` 21.29' oZ DETAIL 3d N.T.S. 1.367 ACRES 33 59,527 80. FT. SEE DETAIL t% MATCHLINE SEE PAGE 5 PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, K&H INVESTMENTS SCALE 1° = 100' 1.367 ACRES 59,527 SO. FT, PAGE 4 OF 6 ADAMS, PARCEL 33 COUNTY WILLIAMSON EXHIBIT " PLAT TO ACCOMPANY DESCRIPTION SEE PAGE 4 MATCHLINE JAMES PATTON CARSSOW, FRANCES L YNN CARSSOW ADAMS Q WILLIAM BENTON CARSSOW, JR. DDC. 20/0000720 O.P.R. W.C. T. FRED RUBIN Q JAMES RUBIN DOC. 200703640/ 0.P.R. W. C. T. KQH INVESTMENTS DOC. 2007036400 0. P.R. W. C. T. DOC. NO. 20 OOOOT l awACT v LEGEND TXDOT TYPE 11 MONUMENT FND O 1/2 ' IRON ROD FOUND W/ ALUMINUM CAP OO 1/2 " IRON ROD FOUND W/ PLASTIC CAP 0 1/2 " IRON ROD FOUND UNLESS NOTED A CALCULATED POINT A 600 NAIL FND UNLESS NOTED I'L PROPERTY LINE t I RECORD INFORMATION P.0.8. POINT OF BEGINNING P.O.R. POINT OF REFERENCE —X— WIRE FENCE LINE BREAK D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS INLAN E> 30 ///"*" / vZ�fi�oA00 ` 1 504 CHISHOLM TRAIL RD. STE. 103 do ROUND ROCK, TX. 78681 PN.(S12)238-1200,FAX(512)238-1251 \ 5o a o ti a \ a m � o \ y913c�0 cl\ \ U1� p N ` \ 0.27' M' R• i LEGEND TXDOT TYPE 11 MONUMENT FND O 1/2 ' IRON ROD FOUND W/ ALUMINUM CAP OO 1/2 " IRON ROD FOUND W/ PLASTIC CAP 0 1/2 " IRON ROD FOUND UNLESS NOTED A CALCULATED POINT A 600 NAIL FND UNLESS NOTED I'L PROPERTY LINE t I RECORD INFORMATION P.0.8. POINT OF BEGINNING P.O.R. POINT OF REFERENCE —X— WIRE FENCE LINE BREAK D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS SEE DETAIL 034 ACRES , 4_ NA-. 1.43 _L': E N I UDC. `cOC3ii9: i�7^; C P.R-Yl-G. 25 • 50 100 SCALE 1" •• >NA t-11NG""l"0N AN1:)t:1tSON S URVEY ABSTIMCTNO. 15 1.367 ACRES O 59,527 S0. FT. 3.3 00 A A G �4 J I j S 24006'40' w 41.43 ,- k s,> p, R\ESI Q PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, KaH INVESTMENTS SCALE I" a f00' 1.367 ACRES 59,527 SO. FT. PAGE 5 OF 6 ADAMS, PARCEL 33 COUNTY WILLIAMSON INLAN E> GEODETICS `P f PROFES51ONAL LAND SURVEYORS t 1 504 CHISHOLM TRAIL RD. STE. 103 do ROUND ROCK, TX. 78681 PN.(S12)238-1200,FAX(512)238-1251 SEE DETAIL 034 ACRES , 4_ NA-. 1.43 _L': E N I UDC. `cOC3ii9: i�7^; C P.R-Yl-G. 25 • 50 100 SCALE 1" •• >NA t-11NG""l"0N AN1:)t:1tSON S URVEY ABSTIMCTNO. 15 1.367 ACRES O 59,527 S0. FT. 3.3 00 A A G �4 J I j S 24006'40' w 41.43 ,- k s,> p, R\ESI Q PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, KaH INVESTMENTS SCALE I" a f00' 1.367 ACRES 59,527 SO. FT. PAGE 5 OF 6 ADAMS, PARCEL 33 COUNTY WILLIAMSON 0 2 do \ y913c�0 cl\ \ U1� p N ` \ `A \r X30 DETAIL \\ N.T.S. SEE DETAIL 034 ACRES , 4_ NA-. 1.43 _L': E N I UDC. `cOC3ii9: i�7^; C P.R-Yl-G. 25 • 50 100 SCALE 1" •• >NA t-11NG""l"0N AN1:)t:1tSON S URVEY ABSTIMCTNO. 15 1.367 ACRES O 59,527 S0. FT. 3.3 00 A A G �4 J I j S 24006'40' w 41.43 ,- k s,> p, R\ESI Q PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, KaH INVESTMENTS SCALE I" a f00' 1.367 ACRES 59,527 SO. FT. PAGE 5 OF 6 ADAMS, PARCEL 33 COUNTY WILLIAMSON EXHIBIT " PLAT TO ACCOMPANY DESCRIPTION _ ORIGINAL: D4/s9/-2- \1 C 4/s9/VC TES: I ALL 9cARINGS SHO'YNI-E.�EON ARE 3ASED ON GRID BEARINGS AL_ JiS-ANCES ARE SURFACE DIS-ANC73 COORDIN:IT_S ARE SURFACE 'IALJES 3ASED ON TEXAS STATE PLANE COORDINATE SYS T _Nl. NAD 33. .EN -RAL ZONE. USING A C 0ASINED SURFACE ADJUSTNJIEN- FACTOR OF 100013 I 2) THE PARCEL DEPICTED 'EREIN IS TRA,- I A3 REF`E—RENCED .N THE FOLLO'NING TIT'_E CO(vINIIT+MEmT THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR T;TLE INSURANCE FILE NO, 1200468, ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE JANUARY 13, 2012. ISSUE DATE JANUARY 13, 2012 IOb) TRACT I AND TRACT 2: UTILITY a ACCESS EASEMENT GRANTED TO ATST WIRELESS SERVICES OF SAN ANTONIO, INC RECORDED IN DOC. NO 2000069544, OF THE OFFICIAL PUBLIC RECORDS OF ll(LLIAMSON COUNTY, TEXAS, AFFECTS TRACT I AS SHOWN !Oc) TRACT I AiND TRACT 2: CELL TOWER LEASE SITE FOR AT&T NiRELESS SERVICES OF SAN ANTONIO, INC. RECORDED IN DOC, PIC. 2000069544, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS TRACT 1 AS SHOWN IOd) TRACT 1: DRAINAGE EASEMENT GRANTED TO WILLIAMSO+`! COUNTY, TEXAS RECORDED IN DOC N0. 003092382, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS TRACT I AS SHOWN 10e) TRACT 2: WATER AND WASTE'NATER EASE„IEVT GRANTED 70 CITY O= CEDAR P,:RK RECORDED IN DOC NO 2000040223, OF THE OFFICIAL RECORDS OF WILLIAMSON CCUNTY. TEXAS, DOES NOT AFFEC- TRACT 10f) TRACT I AND TRACT 2: WATER EASEMENT GRdNTEO TO CITY OF CEDAR PARK RECORDED IN DOC N0 2007092074, AMENDED IN DOC NO 20OB09067C OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS, DOES NOT AFFECT TRACT I AS SHOWN IOg) A (CELL SITE) LEASE AGREEMENT RECORDED DOC NO 2000069544, AMENDED IN DOC NO 2009004624 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO / AFFECTS TRACT I AS SHOWN 10h) ALL TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN CO TENANCY AGREEMENT RECORDED IN DOC, NO 2010000721 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. TRACT ! SUBJECT TO I DO HEREBY CERTIFY THAT THIS PLAT 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 FAY DIRECTION AND SUPERVISION VLAWRENCE M RUSSO 1 /0 AT EGISTERED PROFESSIONAL LAND SURVEYOR NG 50` INLAND GEODETICS, L P. FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK. TEXAS 79681 INLAND GEODETICS PROFESSIONAL LANG SURVEYORS I if Al CmSHOLM TRAIL RD. ST£. 1-)3 ROLND 3CCK TV 785:11 RH.(S121218-120 FFAX IS 12)218-12SI 0 f, 0 viii?iUaii Rgii•tI 1ENCE M. RUE 4i•8itt it tltiaf ai, 6,0 bulju F PAGE 6 OF 6 PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW ADAMS, WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, K&H INVESTMENTS PARCEL 33 SCALE I"=100' 1.367 ACRES 59,527 SO. FT. COUNTY WILLIAMSON City of Round Rock 'ROUND ROCK TEXAS auxvosE. rwmon raa�renm Agenda Item Summary Agenda Number: F.2 Title: Consider a resolution authorizing the Mayor to execute an Easement Purchase Contract with James Patton Carssow, Frances Lynn Carssow Adams, William Benton Carssow, Jr., Fred Rubin, James Rubin and K&H Investments for the Regional Water System - Treated Transmission Line Segment 3 project. Type: Resolution Governing Body: City Council Agenda Date: 4/11/2013 Dept Director: Michael Thane, Utilities Director Cost: $190,647.00 Indexes: Attachments: Resolution, Exhibit "A" Text of Legislative File 13-131 The Regional Water System - Treated Transmission Line Segment 3 is the final segment required to deliver Brushy Creek Regional Utility Authority treated water to the City of Round Rock's Water Distribution System. This 48 -inch potable waterline will be approximately 12,000 linear feet. Segment 3 will connect on the east end of Treated Waterline Segment 2C at Ronald Reagan Boulevard and terminate at an existing 48 -inch stub -out at the intersection of C.R. 175 and RM 1431. The goal is to have this waterline constructed by the summer of 2014. The Segment 3 waterline has been designed to be within an exclusive 30 foot City of Round Rock Easement with an additional 50 foot Temporary Construction Easement. Although initially appraised at $138,561, the purchase price of $190,647 represents the amount currently recommended by the appraiser. The discrepancy is due to an initial valuation of the easement interest at 25% of fee simple, when 50% of fee simple is more appropriate, per the included correspondence of the appraiser. The Purchase Agreement is for these easements that are located on the Carssow, et. Al. property. Staff recommends approval. City o/Round Rock Page 1 Printed on 4/5/2013 \ � } � } � � | | � [ } | ; 1 } } [ } ( } � { } � ( � [ � ( � ( . � � { EX ECUIED ORIGINAL DOCUMEN15 ( FOLLO\A/ / ( [ / ( ( / ( { Segment 3 — Parcel 13 EASEMENT CONTRACT State of Texas County of Williamson THIS EASEMENT CONTRACT ("Contract") is made by and between JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW ADAMS, WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, and K&H INVESTMENTS, Texas general partnership (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the property interests described as follows: Waterline easement in, under and across a 1.367 acre (59,527 square foot) tract of land situated in the Washington Anderson Survey, Abstract No. 15, in Williamson County, Texas, being a portion of that called 62.25 acre tract of land conveyed to Carssow Family Partnership, Ltd., William Cannon/Brushy Country Limited Partnership and Horizon Center Ltd., by instrument recorded in Document 2006113367 of the Official Public Records of Williamson County, Texas, and whereas Horizon Center, Ltd., conveyed its interest to K&H Investments by instrument recorded in Document No. 2007036400 of the Official Public Records of Williamson County, Texas, and whereas William Cannon/Brushy Country Limited Partnership conveyed its interest to Fred Rubin and James Rubin by instrument recorded in Document No. 2007036401 of the Official Public Records of Williamson County, Texas, and whereas Carssow Family Partnership, Ltd. conveyed its interest to James Patton Carssow, Frances Lynn Carssow Adams and William Benton Carssow, Jr. by instrument recorded in Document No. 2009093893 and in Document No. 2010000720 of the Official Public Records of Williamson County, Texas, and said distribution of interest being further affirmed in Document No. 2010000721 of the Official Public Records of Williamson County, Texas, said 1.367 acre (59,527 square foot) tract of land being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, as well as that temporary construction easement shown in the attached Exhibit "A", said 1.367 acre tract and related temporary construction easement are being referred to, collectively, herein as the "Property" for the consideration and upon and subject to the terms, provisions, and conditions set forth below. 00270078.doc/jmr ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of ONE HUNDRED NINETY THOUSAND SIX HUNDRED FORTY-SEVEN and no/100 Dollars ($190,647.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions, any of which may be waived in whole or in part by Purchaser at or prior to the closing. Preliminary Title Commitment 3.02. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Gracy Title Company ("Title Company") to issue a preliminary title commitment (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. Miscellaneous Conditions 3.03. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof, (3) The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the office of Gracy Title Company, 2007 Sam Bass Road, Suite 1007, Round Rock, Texas 78681, on or before the 30th day after the effective date of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters, including partial lien releases, subordination agreements, or probate issues, if necessary for items as shown on the Title Commitment (which date is herein referred to as the "Closing Date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Waterline Easement in the form attached hereto as Exhibit "A" in and to all of the Property described herein, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following or as stated in the easement document: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's easement interest in the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record;" and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property, unless possession is delivered prior to that time pursuant to any other provision of this contract. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Closing Costs 5.04. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Easement, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI MISCELLANEOUS Notice 6.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the addresses below: 4 If to SELLER: c/o John Akin Akin & Akin LLP 515 Congress Avenue, Suite 2024 Austin, Texas 78701 If to PURCHASER: Steve Norwood, City Manager 221 E. Main Street Round Rock, Texas 78664 and Steve Sheets, City Attorney 309 E. Main Street Round Rock, Texas 78664 Texas Law to Apply 6.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 6.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 6.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 6.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 5 Time of Essence 6.06. Time is of the essence in this Contract. Gender 6.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 6.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 6.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 6.10 This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. Possession and use agreement 6.11 By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a waterline and related facilities thereon, upon full execution of this contract. SELLER: James Patton Carssow Frances Lynn Carssow Adams 6 Time of Essence 6.06. Time is of the essence in this Contract. Gender 6.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 6.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 6.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 6.10 This Contract shall be effective as of the date it is approved by the Round Rock City Council, which date is indicated beneath the Mayor's signature below. Possession and use agreement 6.11 By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a waterline and related facilities thereon, upon full execution of this contract. SELLER: James Patton Carssow Frances Lynn Carssow dams 6 William Benton Carssow, Jr. — C; � * ), �-�g James Rdt in Fred Rubin K&H Investments, a Texas general partnership By: Henry B. Mayes, Jr., Partner Kathy Mayes, Partner PURCHASER: CITY OF ROUND ROCK By: �Qm Alan McGraw, Mayor Date: -is William Benton Carssow, Jr. James Rubin Fred Rubin K&H Investments, a Texas general partnership By: .1/Y Henry B. te , Jr., Partner By: . by ayes, Partne PURCHASER: CITY OF ROUND ROCK IM Alan McGraw, Mayor Date: CITY OF ROUND ROCK WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That James Patton Carssow, Frances Lynn Carssow Adams, William Benton Carssow, Jr., Fred Rubin, James Rubin, and K&H Investments, and their successors and assigns (hereinafter referred to collectively as "Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water transmission and distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: Being a 1.367 acre (59,527 square foot) tract of land situated in the Washington Anderson Survey, Abstract No. 15, in Williamson County, Texas, being a portion of that called 62.25 acre tract of land conveyed to Carssow Family Partnership, Ltd., William Cannon/Brushy Country Limited Partnership and Horizon Center Ltd., by instrument recorded in Document 2006113367 of the Official Public Records of Williamson County, Texas, and whereas Horizon Center, Ltd., conveyed its interest to K&H Investments by instrument recorded in Document No. 2007036400 of the Official Public Records of Williamson County, Texas, and whereas William Cannon/Brushy Country Limited Partnership conveyed its interest to Fred Rubin and James Rubin by instrument recorded in Document No. 2007036401 of the Official Public Records of Williamson County, Texas, and whereas Carssow Family Partnership, Ltd. conveyed its interest to James Patton Carssow, Frances Lynn Carssow Adams and William Benton Carssow, Jr. by instrument recorded in Document No. 2009093893 and in Document No. 2010000720 of the Official Public Records of Williamson County, Texas, and said distribution of interest being further affirmed in Document No. 2010000721 of the Official Public Records of Williamson County, Texas, said 1.367 acre (59,527 square foot) tract of land being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyance is made and accepted subject to any and all conditions, covenants, reservations, and easements of record and easements apparent from or on the ground, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. 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 said waterline is abandoned, or shall cease to be used, for a period of five (5) consecutive years. 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. 0026217.docxjmr EXHIBIT A Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of public roads or streets thereon now existing or hereafter to exist, otherwise by such route or routes originating from the public roadway shown to be County Road 175 in Exhibit A; 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 easement, 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 such barricade or other structure 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) 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; (c) the right to grade the easement for the full width thereof to such extent as Grantee may find reasonably necessary; (d) 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; (e) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (f) the right to support the waterlines across ravines and watercourses with such structures as Grantee shall deem necessary. (g) in addition to the permanent easement area granted above, Grantor also grant Grantee a temporary construction easement as shown on Exhibit "A". Such temporary construction easement shall terminate upon completion of construction activities or 30 months from the date of execution of this easement, whichever shall first occur. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private streets, roads, driveways, alleys, walks, gardens, lawns, parking 2 areas and other similar improvements on the subject property, provided that such private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other similar improvements were constructed with the written consent and approval from Grantee; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by any wrongful or negligent act or omission of Grantee or Grantee's contractors, licensees, invitees, agents or employees in the course of their employment, contract, license or other relationship with Grantee. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement 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 construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the pipelines; provided however, that Grantor may diminish or substantially add to the ground cover over the pipeline if required to do so by law, ordinance, or other regulation, and subject to written consent by Grantee, and such consent shall not be unreasonably withheld. 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, Grantor must first obtain the written consent and approval from Grantee of the construction and location of any improvements within the easement, and such consent shall not be unreasonably withheld. Whenever consent of Grantee is required under this easement for any activity of Grantor, including the conveyance of any easement or other rights, Grantee shall have the right to review any proposed activity within the easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent, 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) Utility Director 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. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above-described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of .2013. GRANTOR: James Patton Carssow Frances Lynn Carssow Adams William Benton Carssow, Jr. James Rubin Fred Rubin K&H Investments, a Texas general partnership IM Henry B. Mayes, Jr., Partner Kathy Mayes, Partner ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by James Patton Carssow, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as in the capacity and for the purposes and consideration therein expressed. Notary Public, State of ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by Frances Lynn Carssow Adams, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same in the capacity and for the purposes and consideration therein expressed. Notary Public, State of 5 ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on this the day of the month of , 2013, by William Benton Carssow, Jr., known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and consideration therein expressed. Notary Public, State of ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of 2013, by James Rubin, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and consideration therein expressed. Notary Public, State of 31 THE STATE OF COUNTY OF ACKNOWLEDGMENT s This instrument was acknowledged before me on this the day of the month of , 2013, by Fred Rubin, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and consideration therein expressed. THE STATE OF COUNTY OF Notary Public, State of ACKNOWLEDGMENT H11 This instrument was acknowledged before me on this the day of the month of , 2013, by Henry B. Mayes, Jr., partner of K & H Investments, known by me to be the person whose name is subscribed to the foregoing instrument, 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. Notary Public, State of 7 ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this the day of the month of , 2013, by Kathy Mayes, partner of K & H Investments, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she 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. After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Notary Public, State of 0 PARCEL 33 CARSSOW, ET, AL. COUNTY: WILLIAMSON EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 1.367 ACRE (59,527 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 62.25 ACRE TRACT OF LAND CONVEYED TO CARSSOW FAMILY PARTNERSHIP, LTD, WILLIAM CANNON / BRUSHY COUNTRY LIMITED PARTNERSHIP AND HORIZON CENTER, LTD, BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006113367 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND WHEREAS HORIZON CENTER, LTD CONVEYED ITS INTEREST TO K&H INVESTMENTS BY INSTRUMENT RECORDED IN DOCUMENT NO. 2007036400 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND WHEREAS WILLIAM CANNON / BRUSHY COUNTRY LIMITED PARTNERSHIP CONVEYED ITS INTEREST TO FRED RUBIN AND JAMES RUBIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 2007036401 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND WHEREAS CARSSOW FAMILY PARTNERSHIP, LTD CONVEYED ITS INTEREST TO JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW ADAMS AND WILLIAM BENTON CARSSOW, JR. BY INSTRUMENT RECORDED IN DOCUMENT NO. 2009093893 AND 1N DOCUMENT NO. 2010000720 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND SAID DISTRIBUTION OF INTEREST BEING FURTHER AFFIRMED IN DOCUMENT NO. 2010000721 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.367 ACRE (59,527 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Pagel of 6 BEGINNING at an iron rod found with plastic cap stamped "B.A.", in the existing westerly right-of-way line of County Road 175 (right-of-way width varies), same being the southeast corner of the remainder portion of that called 3.18 acre tract of land conveyed to Joe Edgar McCann by instrument recorded in Volume 737, Pg. 158, of the Deed Records of Williamson County, Texas, same being the northeast corner of said 62.25 acre tract, for the northeast corner of the herein described tract, and from which an iron rod found with plastic cap stamped "B.A." being the northeast corner of said remainder portion of that called 3.18 acre tract, same being the southeast corner of the remainder portion of that called 3.18 acre tract conveyed to Sue McCann Wiseman by instrument recorded in Volume 836, Pg. 853, of the Deed Records of Williamson County, Texas bears, N 20°53'15" W at a distance of 299.74 feet; THENCE, with the existing westerly right-of-way line of said County Road 175, same being the easterly boundary line of said 62.25 acre tract, the following two (2) courses: 1) S 20°27'26" E for a distance of 1264.92 feet to an iron rod found with plastic cap stamped "B.A." for an angle point; 2) S 22016'59" E for a distance of 704.56 feet to a TxDot Type II Monument found, being a cutback in the existing easterly right-of-way line of said County Road 175 and the existing northerly right-of-way line of F.M. 1431 (right-of-way width varies), same being an angle point in the easterly boundary line of said 62.25 acre tract; PARCEL 33 CARSSOW, ET. AL. COUNTY: WILLIAMSON Page 2 of 6 3) THENCE, with said cutback line, same being said easterly boundary line, S 24°06'40" W for a distance of 41.43 feet to a calculated point, for the most southerly corner of the herein described tract, and from which a TxDot Type II Monument found bears S 24°06'40" W at a distance of 70.46 feet; THENCE; departing said cutback line, and through the interior of said 62.25 acre tract the following two (2) courses: 4) N 22°16'59" W, for a distance of 733.62 feet to a calculated point; 5) N 20°27'26" W for a distance of 1265.39 feet to a calculated point, being in the common boundary line of said 3.18 acre McCann tract and said 62.25 acre tract, for the northwest corner of the herein described tract, and from which a %" iron rod found being the southwest corner of said remainder portion 3.18 acre McCann tract bears S 69°31'12" W at a distance of 411.44 feet; 6) THENCE, with said common boundary line, N 69031'12" E for a distance of 30.00 feet to the POINT OF BEGINNING, containing 1.367 acre (59,527 square feet) of land, more or less. NOTE: There is also a 50' wide Temporary Construction Easement westerly and parallel of Calls 4 and 5 of the above description, excluding the AT&T Mobility Texas, LLC, 0.0579 acre lease site, as depicted on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, Lawrence M. Russo, 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. WITNECSS MY HAND AND SEAA1:'at�Round Rock, Williamson County, Texas. 2Wrence M. Russo gistered Professional Land Surveyor No. 5050 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 SUE MCCANN WISEMAN RJL VOL. 836, PG. 853 REMAINDER PORTION 3.18 ACRES D.R.W.C.T. R-/ N6 1,A0 A61 8 l56 JOE EDGAR MCCANN VOL. 737, PG. 158 REMAINDER PORTION 3.18 ACRES D.R.W.C.T. 460 p0l `NTloo�� q\\Aq / o-bxN, / 569 358�I') FXHIRIT " PLAT TO ACCOMPANY DESCRIPTION oNNO A N ��\ O_ J s N6 60.0- A.. 0 0 . P.O.B. . . S 61 C \ .A JAMES PATTON CARSSOW, 0 z FRANCES L YAW CARSSOW ADAMS Q 9p � vN_ WILLIAM BENTON CARSSOW, JR, 9 A0 DOC, 20/0000720\ �c' O.P.R, W.C. T. \ �y FRED RUB/N Q JAMES RUB/N DOC, 2007036401 0.P.R. W.C. T. KQH INVESTMENTS DOC. 2007036400 O.P.R, W.C. T. DOC. NO. 20 0000 21 anACT U LEGEND 0 1/2 ' IRON ROD FOUND W/ ALUMINUM CAP OO 1/2 ' IRON ROD FOUND W/ PLASTIC CAP 0 1/2 " IRON ROD FOUND UNLESS NOTED A CALCULATED POINT A 600 NAIL FND UNLESS NOTED t PROPERTY LINE y NCO \ C" ` \ z ( ) RECORD INFORMATION ATar IA.081LITY TEXAS, LLC. P.O.B. POINT OF BEGINNING 0.0579 ACRE. LEASE SITE P.O.R. POINT OF REFERENCE EXHIDIT E. PAGE I —X— WIRE FENCE DOC. 2005004624 — /L- LINE BREAK O.P.R.;•.0 T- D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS INLAND GEODETICS ` PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 FH. (SI2) 238-1200, FAX(S12) 238-1251 W11 SHINGTON ANOCRS(.)N SURVEY ABST RACT NO. 95 25 0 50 100 SCALE 1" = 100' DETAIL ` N.T.S. 0 � G 0 yA lt%TOa201) \ 569A09351 O kA0 $ N �y G 2:o%N yI 9.1.i \ `�9c+�raWN� . \-0 -? 9u�9n oipO, 00 op A 'i \ \`oro Z ``�`NrnirN t tmv N�.� piDtiWnr ` r ��c9ggga0i9\ .. y y4'k A? --o Q \A06 o \ N� 1 g SEE "k, DETAIL �o 0 0 �s 2� O� �0 y �o G ATC>.T f,10GIL11Y TEXAS, LLC \ 0-04 J6 ACRE ACCESS 6. 1.367 ACRES 59,527 80. FT. 33 UTI'-.irY LE ;:E \ minu 2c)ti. PAGE 2 MATCHLINE DOC. 090Os529 O.r'.R.W.C.T. SEE PAGE 4 PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW. FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, K61H INVESTMENTS SCALE I" = 100' 1.367 ACRES 59,527 SO. FT, rJ 0% PAGE 3 OF 6 ADAMS, PARCEL 33 COUNTY WILLIAMSON EXHIBIT " PLAT TO ACCOMPANY DESCRIPTION SEE PAGE 3 MATCHLINE \ \ WASHINGTON \ ANDERSON SURVEY \ ABSTRACTNO. 15 V- 1\ \\�50, NOo O° 104 0% N � �• N6, 9 \ ` too �p o JAMES PA rrON CARSSOW, \ FRANCES L YAW CARSSOW ADAMS e -� WILLIAM BENTON CARSSOW, JR. �' • � DOC. 20/0000720 \ O.P.R,W C. r. ? - \ 0 FRED RUBIN B JAMES RUBIN /nye \ 9m o DOC. 200703640/ \ ��y`"c� a P.R.W.. C. r N.T.S. KQH INVESTMENTS \ a DOC. 2007036400 \ O.P.R. W. C. r \ PO10000721 \ DOC, NO. (TRACT I) \ LEGEND O 1/2 ' IRON ROD FOUND W/ ALUMINUM CAP \ OO 1/2 ° IRON ROD FOUND W/ PLASTIC CAP \ w I/2 IRON ROD FOUND UNLESS NOTED A CALCULATED POINT ♦ GOD NAIL FND UNLESS NOTED ? PROPERTY LINE I IRECORD INFORMATION P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE —X— WIRE FENCE --�/L- LINE BREAK D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS f INLANC7 GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (51I) 236-1200, FAX(512)239-1251 WILLIAMSON COUNTY, TEXAS 0.017 ACRE DRAINAGE EASEI:IENT DOC. 2003092382 O.P.R. IN -C .T. 1 B.A. .. SCALE I" a 0• Nuc q `Ns�oO qgf ��c r•` -,a S^ a0� Sj z6•�Nr ` 6'S, N p �' • � a� \Nll- 0 � DETAIL 30 Nuc q `Ns�oO qgf ��c r•` -,a S^ a0� Sj z6•�Nr ` 6'S, N p �' • � `S22016'59'E OA DETAIL 30 N.T.S. SEE DETAIL N � `N NN0 NNO 0 6: a A ? MATCHLINE SEE PAGE 5 1.367 ACRES O 59,527 SO. FT. 33 PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, K61H INVESTMENTS SCALE 1° = 100' 1.367 ACRES 59,527 SO. FT. PAGE 4 OF 6 ADAMS, PARCEL 33 COUNTY WILLIAMSON FXHIRIT " 11 PLAT TO ACCOMPANY DESCRIPTION SEE PAGE 4 MATCHLINE JAMES PATTON CARSSOW, FRANCES L YNN CARSSOW ADAMS Q WILLIAM BENTON CARSSOW, JR. DDC. 20/0000720 O.P.R. W.C. T. FRED RUBIN Q JAMES RUB/N DOC. 200703640/ O.P.R. W.C. T. KQH INVESTMENTS DOC. 2007036400 O.P.R. W.C. T° DOC. NO, 20 0000 2ESawcr Ij ❑. TXDOT TYPE II MONUMENT FND 0 1/2 ° IRON ROD FOUND W/ ALUMINUM CAP OO 1/2 ° IRON ROD FOUND W/ PLASTIC CAP 0V2 ' IRON ROD FOUND UNLESS NOTED 7 CALCULATED POINT 60D NAIL FND UNLESS NOTED It PROPERTY LINE I ) RECORD INFORMATION P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE —X— WIRE FENCE —A- LINE BREAK D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS 25 0 50 100 u+ \ � \2 N 2 O N p6' ooy SCALE 1" = 100' Lom \ \raWASHINGTON \ \'00 n o ANDERSON SURVEY \ \N % ABSTRACT NO. 95 \ \ J n o \ 1.367 ACRES O 0?y� 59,527 SO. FT. 33 \ 9A'g \ - \ �� NNp ?2 � G 3 \ \ 7 a U) DETAIL -A N.T.S. \ \ S24006 '40' W,, \ 41.43' ' SEE DETAIL CITY OF CEDAR PARK 0.03.1 ACRES AMENDED 'UATrR CASEMENT DOC. 200E)090670 O.P.R.W.C.T. FM� .IP 'Ct O. a PAGE 5 OF 6 PARCEL PLAT SHOWING PROPERTY OF i N LAN JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW ADAMS, GEODETICS WILLIAM BENTON CARSSOW, JR., FRED RUBIN, PROFESSIONAL LAND SURVEYORS JAMES RUBIN, KBIH INVESTMENTS PARCEL. 33 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 SCALE 1.367 ACRES COUNTY PH.(S12)238-1200.FAX(512)238-1251IN I" a 100' 59,527 SO. FT. WILLIAMSON -+ o \ 50 (p 1 IV o ti \ a m \ � "o io � N� a \ \ 0.27' Q3� �M � LEGEND ❑. TXDOT TYPE II MONUMENT FND 0 1/2 ° IRON ROD FOUND W/ ALUMINUM CAP OO 1/2 ° IRON ROD FOUND W/ PLASTIC CAP 0V2 ' IRON ROD FOUND UNLESS NOTED 7 CALCULATED POINT 60D NAIL FND UNLESS NOTED It PROPERTY LINE I ) RECORD INFORMATION P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE —X— WIRE FENCE —A- LINE BREAK D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS 25 0 50 100 u+ \ � \2 N 2 O N p6' ooy SCALE 1" = 100' Lom \ \raWASHINGTON \ \'00 n o ANDERSON SURVEY \ \N % ABSTRACT NO. 95 \ \ J n o \ 1.367 ACRES O 0?y� 59,527 SO. FT. 33 \ 9A'g \ - \ �� NNp ?2 � G 3 \ \ 7 a U) DETAIL -A N.T.S. \ \ S24006 '40' W,, \ 41.43' ' SEE DETAIL CITY OF CEDAR PARK 0.03.1 ACRES AMENDED 'UATrR CASEMENT DOC. 200E)090670 O.P.R.W.C.T. FM� .IP 'Ct O. a PAGE 5 OF 6 PARCEL PLAT SHOWING PROPERTY OF i N LAN JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW ADAMS, GEODETICS WILLIAM BENTON CARSSOW, JR., FRED RUBIN, PROFESSIONAL LAND SURVEYORS JAMES RUBIN, KBIH INVESTMENTS PARCEL. 33 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 SCALE 1.367 ACRES COUNTY PH.(S12)238-1200.FAX(512)238-1251IN I" a 100' 59,527 SO. FT. WILLIAMSON XHIBIT PLAT TO ACCOMPANY DESCRIPTION ORIGINAL: 34/'9/2'-12 REVISED: I NOTES: ALL BEARINGS SHO'NN �E:REON ARE 3ASED ON GRID BEARINGS. ALL DISTANCES ARE SURFACE DIS'TA?ICES. COORDINATES ARE SURFACE '/ALJES BASED ON TEXAS STATE ?LAME COORDINATE SYSTEM, NAD 33. CF;NTrRAL ZONE, USING A CONISINED SURFACE ADJUSTMENT, =ACTOR OF 1.00013. 2) THE PARCEL DEPICTED riERF-IN IS TRACT I A3 RErEREANCE0 ;N THE FOLLOWING TITLE COhiMITIMENT. THE SURVEY SHOWN HEREON WAS PREPARED iN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE FILE N0, 1200468, ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE JANUARY 13, 2012 ISSUE DATE JANUARY 13, 2012 10h) TRACT I AND TRACT 2: UTILITY a ACCESS EASEMENT GRANTED TO AT3T WIRELESS SERVICES OF SAN ANTONIO, INC RECORDED N DOC. NO 2000069544, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS TRACT I AS SHOWN. !Os) TRACT I AND TRACT 2: CELL TOWER LEASE SITE FOR A T aT WIRELESS SERVICES OF SAN ANTONIO, INC. RECORDED IN DOC, 1\10. 2000069544, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS TRACT I AS SHOWN IOd) TRACT 1: DRAINAGE EASEME1\iT GRANTED TO �VILLIAMSON COUNTY, TEXAS RECORDED IN DOC. NO. 003092382, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS TRACT ! AS SHOWN, 10e) TRACT 2: 'HATER AND WASTEWATER EASEMENT GRANTED TO CITY OF CEDAR PARK RECORDED IN GOC NO 2000040223, OF THE OFFICIAL RECORDS OF WILLIA�VISON COUNT'f, TEXAS, DOES 1\10T AFFECT TRACT ! ION TRACT I AND TRACT 2: WATER EASEMENT GRANTED TO CITY OF CEDAR PARK RECORDED IN DOC. NO 2007092074, AMENDED IN DOC. NO 2008090670 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. DOES NOT AFFECT TRACT I AS SHOWN 109) A (CELL SITE) LEASE AGREEMENT RECORDED DOC. NO, 2000069544, AMENDED IN DOC. NO 2009004624 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO / AFFECTS TRACT 1 AS SHOWN. 10h) ALL TERMS, CONDITIONS, ANO PROVISIONS OF THAT CERTAIN COTENANCY AGREEMENT RECORDED IN DOC. NO 2010000721 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, TRACT I SUBJECT TO I DO HEREBY CERTIFY THAT THIS PLAT 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 I WRENCE M. RUSSO I J /DA REGISTERED PROFESSIONAL LAND SURVEYOR VO 50 INLAND GEODETICS, L.P. FIRM REGISTRATION NO. 100591-00 1504 CHISHOLNI TRAIL ROAD, SUITE 103 ROUND ROCK. TEXAS 79581 q(5l2)238-1200,FAX(51?)ZI8-12S1 AND ETICS LA,VD SURVEYORS TfLAll RD. itE. U)3 K. TX. MSIiSI , FAX (SI2) I38 -12S1 PARCEL PLAT SHOWING PROPERTY OF JAMES PATTON CARSSOW, FRANCES LYNN CARSSOW WILLIAM BENTON CARSSOW, JR., FRED RUBIN, JAMES RUBIN, KB1H INVESTMENTS SCALE I" = 100' 1.367 ACRES 59,527 S0, FT PAGE 6 OF 6 ADAMS, I PARCEL 33 1COUNTY WILLIAMSON